Dear European Union Agency for Fundamental Rights,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:

1. Documents FRA submitted as formal advice or notices (incl.legal action, reasoned opinion, formal notice) to the European Commission and the Council of European Union in regards to not adopted Directive proposed in 2008, highlighted in past 4 years! of annual Fundamental Rights Reports 2018-2021(please exclude those from FOIA):

a)2018 "While the Equal Treatment Directive – proposed in 2008 – had not been adopted by year-end (2017)"
and
"The EU legislator should continue its efforts for
the adoption of the Equal Treatment Directive
to ensure that the EU offers comprehensive
protection against discrimination in key areas
of life, irrespective of a person’s sex, racial or
ethnic origin, religion or belief, disability, age or
sexual orientation."Opinion 3.1

b)2019"the Council of the EU had still not adopted the proposed Equal Treatment Directive after 10 years of negotiations,"and "Equal Treatment Directive remains in deadlock"
"FRA has often recommended the adoption of the Equal
Treatment Directive, which would close the current
protection gap in the EU legal framework concerning
non-discrimination on grounds of age, disability,
religion or belief, or sexual orientation in key areas of
life, such as social protection, education and access to
goods and services, and ensure that the EU does not
operate an artificial hierarchy of grounds"

c)2020"Equal Treatment Directive still stalled"
and"The long-awaited adoption of the Equal Treatment Directive did not happen
in 2019, leaving the EU’s non-discrimination legal framework incomplete."
"The year 2019 saw renewed attempts from EU institutions to unblock the
negotiations in the Council on the proposed Equal Treatment Directive.1 They
did not succeed. Eleven years after the European Commission tabled the
proposal, EU Member States could not reach the political consensus needed
to adopt this important legal instrument to fight discrimination."
"If adopted, the Equal Treatment Directive would close this gap."

"In January 2019, the European Parliament adopted a resolution on the state
of fundamental rights in the EU. It called on the Council “to immediately
unblock and conclude the negotiations on the Equal Treatment Directive”"

d)2021"While the adoption of the Equal Treatment Directive remained stalled, the Commission highlighted the need to strengthen equality bodies and improve
equality data."
"The European Commission proposed an Equal Treatment Directive in 2008. Its adoption would close this gap by extending protection against discrimination on grounds of religion or belief, age, disability and sexual orientation to the areas of education, social protection, and access to, and supply of, goods and services available to the public. No progress on adoption of the Commission’s proposal was achieved at EU Council level in 2020."
and
"the EU legislator should continue to
explore all possible avenues to adopt the Equal
Treatment Directive without further delay. This
would ensure that EU legislation offers comprehensive
protection against discrimination
on grounds of religion or belief, disability, age
and sexual orientation in key areas of life,
such as education; social protection, including
social security and healthcare; and access to
and supply of goods and services available to
the public, including housing."

2. Documents outlining FRA involvement ( advice, proposals, impact assessments), overlooking and monitoring of potential breaches of fundamental rights by Brexit negotiations process from the outset in regards to protections which would otherwise be available to EU Citizens in UK, but for Brexit. E.g. missing Directive above will now not be transposed into UK law or other efforts by EU on anti-discrimination won't affect EU Citizens in UK. Remembering EU Citizens didn't vote for Brexit and EU2019 Eurobar survey indicated 67% widespread racism in UK. Those protections will still be granted to UK Citizens in EU post Brexit.

3. Document outlining monitoring discrimination data by FRA available from EU Commission, in regards to number of rejected discrimination complaints logged in infringements procedures for all Equality Directives and analysing the reason they were rejected. E.g. FOIA GestDem No 2019/2692 indicated 258 rejected complaints from all Member States for two Equality Directives (Race 2000/43/EC and Employment 2000/78/EC)in years 2014-Jul2019. Those complaints potentially affecting wider group of people. Reason for rejection include individual complaint, when EU Commission complaints tool allows for individual complaints. Individuals use this tool as a last resource and in desperation of problems on national level - Commission overlooks there is a problem on national levels.

"The Commission receives a number of complaints every year concerning these Directives[2000/43/EC,2000/78/EC](around 20-30 on average), but the majority are individual cases of discrimination, which are not about incorrect transposition or application of the Directives and therefore do not lead to infringement proceedings. "SWD(2014) 5 final

The real number seems higher then the Commission statement and may influence over the years why discrimination is not eradicated. EU survey 2019 indicate up to 76% widespread racism in EU! Current efforts do not work.

Has FRA carried out any audits of rejected discrimination complaints over the years discarded lightly by the Commission, as a Headquarters of EU and its impact on increased racism and discrimination not tackled in EU?In which document is it contained?

4. What measures will be taken to ensure adaptation of the Equal Treatment Directive will be transposed to cover EU Citizens in UK, just like UK Citizens in EU will be covered by it residing within Member States. Please provide proposal document.

Note: EU Survey 2008 indicated significant need for protection outside employment:
"To what extent do you agree that in [COUNTRY], there should be specific legislation that
provides people with protection from discrimination in the following fields or situations …?
Education 77% very much agree/agree
Healthcare 76% very much agree/agree
When buying insurance policies 70% very much agree/agree
Housing 71% very much agree/agree
When buying products or using services 68% very much agree/agree"Flash EB Series #232

The new Directive was to cover following scope:
"the prohibition of discrimination shall apply to all persons, as regards both the public and private sectors, including public bodies, in relation to:
(a) Social protection, including social security and healthcare;
(b) Social advantages;
(c) Education;
(d) Access to and supply of goods and other services which are available to the public,
including housing."COM(2008) 426 final

"Recent data show that across all ethnic and migrant groups
surveyed, 82 % of those who were discriminated against did not report their experience."COM(2014) 2 final

"The only sure way to make clear progress towards the objectives identified is through a
legally binding measure at EU level."SEC(2008) 2181

"The current EC directives would continue to apply. Some but not all Member States would
have detailed national legal provisions protecting people who experience discrimination
outside the labour market; others have much more general constitutional provisions.
Discrimination against individuals on grounds of age, disability, religion or belief and sexual
orientation will continue to occur, creating distress for the individuals concerned and
unnecessary costs and burdens for individuals, businesses and society as a whole."SEC(2008) 2181

"8. THE NEW DIRECTIVE
• would build on the approach and concepts of the existing Article 13 EC directives and
notably 2000/43/EC and 2000/78/EC, for example the definitions of discrimination and
harassment, the obligation to provide reasonable accommodation, as well as the procedural
rules;"SEC(2008) 2181

Please provide documents requested.
Please note I would prefer to receive information in electronic form and via Ask the EU portal. This is my right under Regulation 1049/2001. If however you require my personal details anyway, please provide direct e-mail address to deliver the personal details to along with a reference and contact person name .

Yours faithfully,

Katarzyna Paczkowska