1. ARTICLE 16 OF REGULATION (EC) 1083/2006
Regional Policy DG
Employment, Social Affairs and Equal Opportunities DG
ARTICLE 16 OF REGULATION (EC) 1083/2006
COMMISSION SERVICES INTRODUCTORY REMARKS
21st meeting of the Coordination Committee of the Funds Brussels, October 2008

2. Article 16 of of Regulation (EC) 1083/2006
The Member States and the Commission shall ensure that
“equality between men and women and the integration of the gender perspective is promoted during the various stages of implementation of the Funds.”
“The Member States and the Commission shall take appropriate steps to prevent any discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation during the various stages of implementation of the Funds and, in particular, in the access to them.
In particular, accessibility for disabled persons shall be one of the criteria to be observed in defining operations co-financed by the Funds and to be taken into account during the various stages of implementation.“

3. I. GENDER MAINSTREAMING
What has changed compared to period?
No substantial change in the approach:
(EC) N°1260/1999 includes references to equality between men and women in several paragraphs (Articles 1, 2, 8 §1, 12, 29, 41 §2c), and 46 § 2 a)
Novelty of Art. 16:
general call for gender mainstreaming (“integration of gender perspective in the various stages of implementation of the Funds” in a single article

4. I. GENDER MAINSTREAMING
What is gender mainstreaming in the Structural Funds?
Not only restricting efforts to promote equality by the implementation of specific measures to help women
Taking into account actively and openly at the planning stage the possible effects of operations on the respective situation of men and women (gender perspective)
Examining systematically the gender perspective of SF priorities and interventions and take into account such possible effects at the various stages of implementation (e.g. project selection, monitoring, evaluation)

5. II. NON-DISCRIMINATION
What has changed compared to period?
The general regulation for mentioned non-discrimination only in its Preamble (Recital 5 Regulation (EC) N°1260/1999)
general EC and national anti-discrimination legislation applied
Article 16 introduces a general obligation for Member States to take appropriate steps to prevent discrimination on various grounds
Legal obligation more concrete
Active approach

6. II. NON-DISCRIMINATION
What is discrimination?
Where one person is treated less favorably than another is, has been or would be treated in a comparable situation on any of the grounds covered by the directives
What is indirect discrimination?
Where an apparently neutral provision, criterion or practice would put persons in any of the protected categories at a particular disadvantage compared with other people.
Except if this provision, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary

7. II. NON-DISCRIMINATION
Managing authorities should be aware of legislative requirements on Anti-Discrimination and possible indirect discrimination
When elaborating actions: for example choice of a day compatible with religious activity etc,
When registering participants: for example registration form available in minority groups' languages, limitation of administrative requirements for mobile people (Roma) etc…

8. II. NON-DISCRIMINATION
Disability Discrimination:
Not enough to NOT discriminate:
Employers are required to provide reasonable accomodation to persons with disabilities (Article 5 of Directive 2000/78/EC) :
Appropriate measures, where needed in a particular case, to enable a person with disability to have access to/or advance in employment or training.
Except where it would impose a disproportionate burden on the employer (not the case if support subsidies/measures exist)

9. II. NON-DISCRIMINATION
Exceptions:
Not all differences of treatment will be unlawful
Determining occupational requirement
Objective justification of indirect discrimination
Churches, religious-based institutions
Nationality
Age (article 6 of Directive 2000/78)
Limitations on reasonable accommodation
Positive action

10. II. NON-DISCRIMINATION Proposal for a new Directive adopted by the European Commission (2 July 2008)

11. III. ACCESSIBILITY FOR DISABLED PEOPLE
New legal obligation in the period
Accessiblity should be understood as removal and prevention of barriers that pose problems to persons with disabilities
One of the criteria to be observed during the various stages of implementation
Project selection
Management verification
Monitoring
Evaluation
Audit
Disability toolkit to provide examples of good practices

12. III. ACCESSIBILITY FOR DISABLED PEOPLE
General principle of accessibility:
precondition for participation and inclusion of persons with disabilities in Society
use products, services and infrastructures on equal terms
public use and ownership of goods services and infrastructures
anticipatory measures

13. III. ACCESSIBILITY FOR DISABLED PEOPLE
“Design for all“:
extending standard design to people with some type of performance limitation
maximize the number of potential customers
by:
readily usable by most users without any modification,
adaptable to different users (adapting user interfaces), and
by having standardized interfaces to be compatible with assistive solutions

14. III. ACCESSIBILITY FOR DISABLED PEOPLE
European standards in the pipeline:
Accessibility requirements for public procurement of products and services in the ICT domain (Mandate 376)
Support of European accessibility requirements for public procurement in the built environment (Mandate 420)
Work approach of the standardisation process:
Inventory
Conformity assessment
Standards development
Toolkit
Supporting participation of persons with disabilities

15. Thank you for your attention!