Common position 25/2006 adopted on 18 september 2006 with a view to the adoption of regulation establishing a european institute for gender equality

COMMON POSITION (EC) No 25/2006

adopted by the Council on 18 September 2006

with a view to the adoption of Regulation (EC) No .../2006 of the European Parliament and of the

Council of ... establishing a European Institute for Gender Equality

(2006/C 295 E/03)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO- has to be tackled by a comprehensive mix of policy

PEAN UNION, measures and that enhanced efforts are needed to meet

the Lisbon strategy targets.

Having regard to the Treaty establishing the European Com-

munity, and in particular Articles 13(2) and 141(3) thereof,

(6) The Nice European Council of 7-9 December 2000

Having regard to the proposal from the Commission, called for `Increased awareness, the pooling of resources

and the exchange of experience, in particular through

Having regard to the Opinion of the European Economic and the establishment of a European Institute for gender

Social Committee (1), issues'.

Acting in accordance with the procedure laid down in

Article 251 of the Treaty (2), (7) The feasibility study (3) carried out for the Commission

concluded that there is a clear role for a European Insti-

Whereas: tute for Gender Equality to carry out some of the tasks

which the existing institutions do not currently deal

with, specifically in the areas of coordination, centralisa-

(1) Equality between men and women is a fundamental tion and dissemination of research data and information,

principle of the European Union. Articles 21 and 23 of network building, the raising of visibility of equality

the Charter of Fundamental Rights of the European between men and women, highlighting the gender

Union set out a prohibition on any discrimination on perspective and the development of tools for improved

grounds of sex and provide that equality between men integration of gender equality in all Community policies.

and women must be ensured in all areas.

(2) Article 2 of the Treaty provides that equality between

men and women is one of the Community's essential (8) The European Parliament in its Resolution of 10 March

tasks. Similarly, Article 3(2) of the Treaty requires the 2004 on the European Union's policies on gender

Community to aim to eliminate inequalities and to equality (4) called on the Commission to speed up the

promote equality between men and women in all its efforts leading to the setting-up of an Institute.

activities and thus ensure the integration of the dimen-

sion of equality between men and women in all Com-

munity policies. (9) The Council of Employment, Social Affairs, Health and

Consumers Affairs of 1-2 June 2004 and the European

(3) Article 13 of the Treaty empowers the Council to take Council of 17-18 June 2004 supported the establish-

appropriate action to combat discrimination inter alia ment of a European Institute for Gender Equality. The

on grounds of sex in all areas of Community compe- European Council asked the Commission to bring

tence. forward a specific proposal.

(4) The principle of equal opportunities and equal treatment

of men and women in matters of employment and occu- (10) The collection, analysis and dissemination of objective,

pation is enshrined in Article 141 of the Treaty and a reliable and comparable information and data on

comprehensive body of legislation on equal treatment of equality between men and women, the development of

men and women in relation to access to employment appropriate tools for the elimination of all forms of

and working conditions including equal pay is already in discrimination on grounds of sex and the integration of

place. the gender dimension in all policy areas, the promotion

of dialogue among stakeholders and the raising of

(5) The Commission's first annual report on equality awareness among EU citizens are necessary so as to

between men and women to the Spring European enable the Community to effectively promote and imple-

Council in 2004 concluded that significant gender gaps ment gender equality policy, in particular in an enlarged

exist in most policy fields, that inequality between men Union. It is therefore appropriate to establish a European

and women is a multi-dimensional phenomenon that Institute for Gender Equality which would assist the

Community institutions and the Member States by

carrying out those tasks.

(1) OJ C 24, 31.1.2006, p. 29.

(2) Opinion of the European Parliament of 14 March 2006 (not yet

published in the Official Journal), Council Common Position of (3) European Commission Feasibility Study for a European Gender

18 September 2006 and Position of the European Parliament of ... Institute (conducted by PLS Ramboll Management, DK, 2002).

(not yet published in the Official Journal). (4) OJ C 102 E, 28.4.2004, p. 638.

C 295E/58 EN Official Journal of the European Union 5.12.2006

(11) Gender equality cannot be achieved by an anti-discrimi- the interest of efficiency, it is appropriate for the Insti-

nation policy alone but requires measures to promote tute to set up and coordinate an electronic European

harmonious co-existence and balanced participation by Network on Gender Equality with such entities and

men and women within society; the Institute should experts in the Member States.

contribute to the attainment of that objective.

(16) In accordance with Article 3(2) of the Treaty it is appro-

(12) Given the importance of eliminating gender stereotypes priate to promote a balanced participation of men and

in European society in all walks of life and of providing women in the composition of the Management Board.

positive examples for women and men to follow, action

to achieve that should also be included among the Insti-

tute's tasks.

(17) The Institute should enjoy maximum independence in

the performance of its tasks.

(13) Cooperation with the relevant authorities of the Member

States and relevant statistical bodies, in particular Euro-

stat, is essential to promote the collection of comparable

and reliable data at European level. Given that informa- (18) The Institute should apply the relevant Community legis-

tion on equality between men and women is relevant to lation concerning public access to documents as set out

all levels within the Community - local, regional, in Regulation (EC) No 1049/2001 (5) and the protection

national and Community - it would be useful for such of individuals with regard to the processing of personal

information to be available to Member States' authorities data as set out in Regulation (EC) No 45/2001 (6).

in order to help them formulate policies and measures at

local, regional and national level in their spheres of

competence.

(19) Commission Regulation (EC, Euratom) No 2343/2002 of

19 November 2002 on the framework Financial Regu-

lation for the bodies referred to in Article 185 of

Council Regulation (EC, Euratom) No 1605/2002 on the

(14) The Institute should work as closely as possible with all Financial Regulation applicable to the general budget of

Community programmes and bodies in order to avoid the European Communities (7), applies to the Institute.

duplication and ensure the best possible use of resources,

in particular as regards the European Foundation for the

Improvement of Living and Working Conditions (1), the

European Agency for Safety and Health at Work (2), the

Centre for the Development of Vocational Training (3)

and the European Union Agency for Fundamental (20) For the contractual liability of the Institute, which is

Rights ( governed by the law applicable to the contracts

4). concluded by the Institute, the Court of Justice should

have jurisdiction to give judgment, pursuant to any arbi-

tration clause, contained in the contract. The Court of

Justice should also have jurisdiction in disputes relating

to compensation for any damage arising from the non-

(15) The Institute should develop cooperation and dialogue contractual liability of the Institute.

with non-governmental and equal opportunities organi-

sations, research centres, social partners, and other

related bodies actively seeking to achieve equality at

national and European level and in third countries. In

(21) An independent external evaluation should be under-

(1) Council Regulation (EEC) No 1365/75 of 26 May 1975 on the crea- taken to assess the impact of the Institute, the possible

tion of a European Foundation for the Improvement of Living and need to modify or extend its tasks and the timing of

Working Conditions (OJ L 139, 30.5.1975, p. 1). Regulation as last further such reviews.

amended by Regulation (EC) No 1111/2005 (OJ L 184, 15.7.2005,

p. 1).

(2) Council Regulation (EC) No 2062/94 of 18 July 1994 establishing a (5) Regulation (EC) No 1049/2001 of the European Parliament and of

European Agency for Safety and Health at Work (OJ L 216, the Council of 30 May 2001 regarding public access to European

20.8.1994, p. 1). Regulation as last amended by Regulation (EC) Parliament, Council and Commission documents (OJ L 145,

No 1112/2005 (OJ L 184, 15.7.2005, p. 5). 31.5.2001, p. 43).

(3) Council Regulation (EEC) No 337/75 of 10 February 1975 estab- (6) Regulation (EC) No 45/2001 of the European Parliament and of the

lishing a European Centre for the Development of Vocational Council of 18 December 2000 on the protection of individuals with

Training (OJ L 39, 13.2.1975, p. 1). Regulation as last amended by regard to the processing of personal data by the Community institu-

Regulation (EC) No 2051/2004 (OJ L 355, 1.12.2004, p. 1). tions and bodies and of the free movement of such data (OJ L 8,

(4) Member States meeting in the framework of the European Council 12.1.2001, p. 1).

in December 2003 requested the Commission to prepare a proposal (7) OJ L 357, 31.12.2002, p. 72. Regulation as last amended by

for a human rights agency by extending the mandate of the Euro- Commission Regulation (EC, Euratom) No 1248/2006 (OJ L 227,

pean Monitoring Centre on Racism and Xenophobia. 19.8.2006, p. 3).

5.12.2006 EN Official Journal of the European Union C 295E/59

(22) Since the objectives of this Regulation, namely to contri- institutions, in particular the Commission, and the authorities

bute to and strengthen the promotion of gender equality, of the Member States, as set out in Article 3.

including gender mainstreaming in all Community poli-

cies and the resulting national policies, and the fight

against discrimination based on sex, and to raise EU citi-

zens' awareness of gender equality by providing tech-

nical assistance to the Community institutions and the

authorities of the Member States, cannot be sufficiently

achieved by the Member States and can therefore, by Article 3

reason of the scale of the action, be better achieved at

Community level, the Community may adopt measures,

in accordance with the principle of subsidiarity as set

out in Article 5 of the Treaty. In accordance with the Tasks

principle of proportionality, as set out in that Article,

this Regulation does not go beyond what is necessary to

achieve those objectives. 1. To meet the objectives set in Article 2, the Institute shall:

(23) Article 13(2) of the Treaty permits the adoption of Com- (a) collect, analyse and disseminate relevant objective, compar-

munity measures in order to support and promote the able and reliable information as regards gender equality,

objective of combating discrimination on grounds of sex including results from research and best practice commu-

beyond the field of employment. Article 141(3) of the nicated to it by Member States, Community institutions,

Treaty is the specific legal basis for measures aimed to research centres, national equality bodies, non-govern-

ensure the application of the principle of equal opportu- mental organisations, social partners, relevant third coun-

nities and equal treatment of men and women in tries and international organisations, and suggest areas for

matters of employment and occupation. Therefore, further research;

Article 13(2) and Article 141(3) combined constitute the

appropriate legal basis for adoption of this Regulation,

(b) develop methods to improve the objectivity, comparability

and reliability of data at European level by establishing

criteria that will improve the consistency of information

and take into account gender issues when collecting data;

HAVE ADOPTED THIS REGULATION: tools in order to support the integration of gender equality

into all Community policies and the resulting national

policies and to support gender mainstreaming in all Com-

munity institutions and bodies;

Article 1 (d) carry out surveys on the situation in Europe as regards

gender equality;

Establishment of the Institute (e) set up and coordinate a European Network on Gender

Equality, involving the centres, bodies, organisations and

experts dealing with gender equality and gender main-

A European Institute for Gender Equality (hereinafter referred streaming in order to support and encourage research,

to as `the Institute') is hereby established. optimise the use of available resources and foster the

exchange and dissemination of information;

(f) organise an annual meeting of experts from the competent

bodies specialised in gender equality issues in the Member

Article 2 States;

Objectives (g) organise ad hoc meetings of experts to support the institu-

te's research work, encourage the exchange of information

among researchers and promote the inclusion of a gender

perspective in their research;

The overall objectives of the Institute shall be to contribute to

and strengthen the promotion of gender equality, including

gender mainstreaming in all Community policies and the (h) in order to raise EU citizens' awareness of gender equality,

resulting national policies, and the fight against discrimination organise, with relevant stakeholders, conferences,

based on sex, and to raise EU citizens' awareness of gender campaigns and meetings at European level, and present the

equality by providing technical assistance to the Community findings and conclusions to the Commission;

C 295E/60 EN Official Journal of the European Union 5.12.2006

(i) disseminate information regarding positive examples of Article 5

non-stereotypical roles for women and men in every walk

of life, present its findings and initiatives designed to publi-

cise and build on such success stories; Legal personality and capacity

(j) develop dialogue and cooperation with non-governmental The Institute shall have legal personality. It shall enjoy, in each

and equal opportunities organisations, universities and of the Member States, the most extensive legal capacity

experts, research centres, social partners and related bodies accorded to legal persons under their laws. In particular, it may

actively seeking to achieve equality at national and Euro- acquire or dispose of movable or immovable property and may

pean level; be a party to legal proceedings.

(k) set up documentation resources accessible to the public; Article 6

(l) make information on gender mainstreaming available to

public and private organisations; Independence of the Institute

(m) provide information to the Community Institutions on The Institute shall carry out its activities independently in the

gender equality and gender mainstreaming in the accession public interest.

and candidate countries.

2. The Institute shall publish an annual report on its activ- Article 7

ities.

Access to documents

1. Regulation (EC) No 1049/2001 shall apply to documents

Article 4 held by the Institute.

2. The Management Board shall adopt arrangements for

Areas of activity and working methods implementing Regulation (EC) No 1049/2001 within six

months of the establishment of the Institute.

1. The Institute shall carry out its tasks within the compe- 3. Decisions taken by the Institute pursuant to Article 8 of

tences of the Community and in the light of the objectives Regulation (EC) No 1049/2001 may give rise to the lodging of

adopted and priority areas identified in its annual programme, a complaint to the Ombudsman or form the subject of an

and with due regard to the available budgetary resources. action before the Court of Justice, under the conditions laid

down in Articles 195 and 230 of the Treaty respectively.

2. The work programme of the Institute shall be in line with 4. Regulation (EC) No 45/2001 shall apply to the processing

the Community priorities in the field of gender equality and of data by the Institute.

the work programme of the Commission, including its statis-

tical and research work.

Article 8

3. In pursuing its activities, the Institute shall, in order to

avoid duplication and to ensure the best possible use of

resources, take account of existing information from whatever Cooperation with organisations at national and European

source and in particular of activities already carried out by the level, international organisations and third countries.

Community institutions and by other institutions, bodies and

competent national and international organisations and work 1. To help it carry out its tasks, the Institute shall cooperate

closely with the competent Commission services, including with organisations and experts in the Member States, such as

Eurostat. The Institute shall ensure appropriate coordination equality bodies, research centres, universities, non-govern-

with all relevant Community agencies and Union bodies to be mental organisations, social partners as well as with relevant

determined in a memorandum of understanding where appro- organisations at European or international level and third coun-

priate. tries.

2. Should agreements with international organisations or

4. The Institute shall ensure that the information dissemi- with third countries prove necessary for the Institute to carry

nated is comprehensible to the final users. out its tasks efficiently, the Community shall, in accordance

with the procedure provided for in Article 300 of the Treaty,

enter into such agreements with the international organisations

5. The Institute may enter into contractual relations, in par- or with third countries in the interests of the Institute. This

ticular subcontracting arrangements, with other organisations, provision shall not preclude ad-hoc cooperation with such

in order to accomplish any tasks which it may entrust to them. organisations or third countries.

5.12.2006 EN Official Journal of the European Union C 295E/61

Article 9 5. Each member of the Management Board referred to under

paragraph 1(a) or (b), or in his or her absence his or her alter-

Composition of the Institute nate, shall have one vote.

The Institute shall comprise: 6. The Management Board shall take the decisions necessary

for the operation of the Institute. In particular, it shall:

(a) a Management Board;

(b) a Bureau; (a) adopt, on the basis of a draft drawn up by the Director, as

referred to in Article 12, after consultation with the

medium-term work programme, covering a three-year

period, in accordance with the budget and the available

resources; the programmes may be reviewed whenever

Article 10 necessary; the first annual work programme shall be

adopted not later than nine months after the appointment

Management Board of the Director;

1. The Management Board shall consist of: (b) adopt the annual report referred to in Article 3(2),

comparing, in particular, the results achieved with the

(a) one member representing the Government of each Member objectives of the annual work programme; this report shall

State appointed by the Council on the basis of a proposal be forwarded by 15 June at the latest to the European

from the Member States; Parliament, the Council, the Commission, the Court of

Auditors, the European Economic and Social Committee

and the Committee of the Regions and shall be published

(b) three members representing the Commission, appointed by on the website of the Institute;

the Commission;

Council, on the basis of a proposal from the Commission, appoint or dismiss him or her pursuant to Article 12;

each of whom represents one of the following groups:

(i) an appropriate non-governmental organisation at (d) adopt the Institute's annual draft and final budgets.

Community level which has a legitimate interest in

contributing to the fight against discrimination on 7. The Management Board shall adopt the Institute's internal

grounds of sex and the promotion of gender equality; rules on the basis of a proposal drawn up by the Director after

consultation with the Commission.

(ii) employers' organisations at Community level; and

(iii) workers' organisations at Community level. 8. Decisions by the Management Board shall be taken by a

majority of its members. The Chairperson shall have the

2. The members of the Management Board shall be casting vote. In the cases referred to in paragraph 6 and in

appointed in such a way as to secure the highest standards of Article 12(1), decisions shall be taken by a two-thirds majority

competence and a broad range of relevant and transdisciplinary of its members.

expertise in the area of gender equality.

The Commission and the Council shall aim to achieve a 9. The Management Board shall adopt its rules of procedure

balanced representation between men and women on the on the basis of a proposal drawn up by the Director after

Management Board. consultation with the Commission.

Alternates who represent the member in his or her absence

shall be appointed by the same procedure. 10. The Management Board shall establish a Bureau of six

members, as set out in Article 11.

The list of the members and alternates of the Management

Board shall be published by the Council in the Official Journal of

the European Union, on the website of the Institute and on other 11. The Chairperson shall convene the Management Board

relevant websites. at least once a year. The Chairperson shall convene additional

meetings on his or her own initiative or at the request of one-

third of the members of the Management Board.

3. The term of office shall be five years and may be renewed

once.

12. The Institute shall forward annually to the European

4. The Management Board shall elect its Chairperson and Parliament and the Council (hereinafter referred to as the

Vice-Chairperson to serve for a period of two and a half years, `budgetary authority') any information relevant to the outcome

which may be renewed. of the evaluation procedures.

C 295E/62 EN Official Journal of the European Union 5.12.2006

13. The Directors of the European Foundation for the of office may be extended once for a period of not more

Improvement of Living and Working Conditions, the European than 5 years. In the evaluation, the Commission shall assess in

Agency for Safety and Health at Work, the Centre for the particular:

Development of Vocational Training and of the European

Union Agency for Fundamental Rights may as appropriate be

invited to attend meetings of the Management Board as obser- (a) the results achieved in the first term of office and the way

vers in order to coordinate the respective working programmes they were achieved,

as regards gender mainstreaming. (b) the Institute's duties and requirements in the coming years.

3. The Director shall be responsible, under the supervision

of the Management Board, for:

Article 11

(a) performance of the tasks referred to in Article 3;

Bureau

(b) preparing and implementing the Institute's annual and

medium-term programmes of activities;

1. The Bureau shall be made up of the Chairperson and the

Vice-Chairperson of the Management Board, three members

from the Management Board representing the Member States (c) preparing the meetings of the Management Board and the

and a representative of the Commission. Bureau;

(d) preparing and publishing the annual report referred to in

The term of office shall be two and half years and may be Article 3(2);

renewed.

(e) all staff-related matters, and in particular exercising the

powers provided for in Article 13(3);

The members of the Bureau shall be appointed by the Manage-

ment Board with a view to ensuring the necessary range of

relevant expertise for the operation of the Bureau. (f) matters of day-to-day administration; and

(g) the implementation of effective monitoring and evaluation

2. Without prejudice to the responsibilities of the Director, procedures relating to the performance of the Institute

as set out in Article 12, the Bureau shall monitor the imple- against its objectives according to professionally-recognised

mentation of the decisions of the Management Board and shall standards. The Director shall report annually to the

take all necessary administrative measures for the proper Management Board on the results of the monitoring

governing of the Institute between the meetings of the Manage- system.

ment Board.

4. The Director shall be accountable for the management of

3. Decisions by the Bureau shall be taken by consensus. If his or her activities to the Management Board and shall take

no consensus can be reached, the Bureau shall refer the matter part in its meetings without voting rights. He or she may also

to the Management Board for decision. be invited by the European Parliament to report during a

hearing on significant issues linked to the Institute's activities.

4. The Bureau shall keep the Management Board fully and

regularly informed of its activities and any decisions taken. 5. The Director shall be the Institute's legal representative.

Article 12 Article 13

Director Staff

1. The Institute shall be headed by a Director appointed by 1. The Staff Regulations of officials of the European

the Management Board on a proposal from the Commission. Communities and the Conditions of Employment of other

Before being appointed, the candidate selected by the Manage- servants of the European Communities laid down by Council

ment Board may be asked to make a declaration before the Regulation (EEC, ECSC, Euratom) No 259/68 (1) and the rules

competent committee(s) of the European Parliament and adopted jointly by the European Community institutions for

answer questions from its/their members. the purpose of applying these Staff Regulations and Conditions

of Employment shall apply to the staff of the Institute.

2. The Director's term of office shall be 5 years. On a (1) OJ L 56, 4.3.1968, p. 1. Regulation as last amended by Regulation

proposal from the Commission and after evaluation, this term (EC, Euratom) No 2104/2005 (OJ L 337, 22.11.2005, p. 7).

5.12.2006 EN Official Journal of the European Union C 295E/63

2. The Management Board, in agreement with the Commis- which it shall place before the budgetary authority in accord-

sion, shall adopt the necessary implementing measures, in ance with Article 272 of the Treaty.

accordance with the arrangements provided for in Article 110

of the Staff Regulations. The Management Board may adopt

provisions to allow national experts from Member States to be 8. The budgetary authority shall authorise the appropria-

employed on secondment at the Institute. tions for the subsidy to the Institute and shall adopt the estab-

lishment plan for the Institute.

3. The Institute shall exercise in respect of its staff the

powers devolved to the appointing authority. 9. The budget of the Institute shall be adopted by the

Management Board. It shall become final following final adop-

tion of the general budget of the European Union. Where

appropriate, it shall be adjusted accordingly.

Article 14

10. The Management Board shall, as soon as possible, notify

the budgetary authority of its intention to implement any

Drawing up of the budget project which may have significant financial implications for

the funding of its budget, in particular any projects relating to

property such as the rental or purchase of buildings. It shall

1. Estimates of all the revenue and expenditure of the Insti- inform the Commission thereof.

tute shall be prepared for each financial year, corresponding to

the calendar year, and shall be shown in the budget of the Insti-

tute. Where a branch of the budgetary authority has notified its

intention to deliver an opinion, it shall forward its opinion to

the Management Board within a period of six weeks from the

2. The revenue and expenditure shown in the budget of the date of notification of the project.

Institute shall be in balance.

3. The revenue of the Institute shall, without prejudice to

other resources, comprise: Article 15

(a) a subsidy from the Community, entered in the general

budget of the European Union (Commission section); Implementation of the budget

(b) payments received for services rendered; 1. The Director shall implement the budget of the Institute.

countries referred to in Article 8; 2. By 1 March at the latest following each financial year, the

Institute's accounting officer shall communicate the provisional

(d) any voluntary contribution from the Member States. accounts to the Commission's accounting officer together with

a report on the budgetary and financial management for that

financial year. The Commission's accounting officer shall

4. The expenditure of the Institute shall include staff remu- consolidate the provisional accounts of the institutions and

neration, administrative and infrastructure costs and operating decentralised bodies in accordance with Article 128 of Council

expenses. Regulation (EC, Euratom) No 1605/2002 (1) (hereinafter

referred to as `the Financial Regulation').

5. Each year the Management Board, on the basis of a draft

drawn up by the Director, shall produce an estimate of revenue 3. By 31 March at the latest following each financial year,

and expenditure for the Institute for the following financial the Commission's accounting officer shall forward the Institu-

year. This estimate, which shall include a draft establishment te's provisional accounts to the Court of Auditors, together

plan, shall be forwarded by the Management Board to the with the report mentioned in paragraph 2. The report shall

Commission by 31 March at the latest. also be forwarded to the European Parliament and the Council.

6. The estimate shall be forwarded by the Commission to 4. On receipt of the Court of Auditors' observations on the

the budgetary authority together with the preliminary draft Institute's provisional accounts, pursuant to Article 129 of the

general budget of the European Union. Financial Regulation, the Director shall draw up the Institute's

final accounts under his or her own responsibility and forward

them to the Management Board for an opinion.

7. On the basis of the estimate, the Commission shall enter

in the preliminary draft general budget of the European Union

the estimates it deems necessary for the establishment plan and (1) Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002

on the Financial Regulation applicable to the general budget of the

the amount of the subsidy to be charged to the general budget, European Communities (OJ L 248, 16.9.2002, p. 1).

C 295E/64 EN Official Journal of the European Union 5.12.2006

5. The Management Board shall deliver an opinion on the Article 18

Institute's final accounts.

Liability

6. By 1 July at the latest following each financial year, the

Director shall forward the final accounts to the European

Parliament, the Council, the Commission and the Court of 1. The contractual liability of the Institute shall be governed

Auditors, together with the Management Board's opinion. by the law applicable to the contract in question.

7. The final accounts shall be published. The Court of Justice shall have jurisdiction pursuant to an arbi-

tration clause contained in any contracts concluded by the

Institute.

8. The Director shall send the Court of Auditors a reply to

its observations by 30 September at the latest. He or she shall

also send that reply to the Management Board. 2. In the case of non-contractual liability, the Institute shall,

in accordance with the general principles common to the laws

9. The Director shall submit to the European Parliament, at of the Member States, make good any damage caused by the

the latter's request, any information required for the smooth Institute or its servants in the performance of their duties.

application of the discharge procedure for the financial year in

question, as laid down in Article 146(3) of the Financial Regu- The Court of Justice shall have jurisdiction in disputes relating

lation. to compensation for any such damage.

10. By 30 April of year N + 2, the European Parliament, on

a recommendation from the Council acting by a qualified

majority, shall give a discharge to the Director in respect of the Article 19

implementation of the budget for year N.

Participation of third countries

11. The financial rules applicable to the Institute shall be

adopted by the Management Board after the Commission has

been consulted. They may not depart from 1. The Institute shall be open to the participation of coun-

Regulation (EC, Euratom) No 2343/2002 unless specifically tries which have concluded agreements with the European

required for the Institute's operation and with the Commission's Community by virtue of which they have adopted and apply

prior consent. Community legislation in the field covered by this Regulation.

2. Arrangements shall be made under the relevant provi-

Article 16 sions of those agreements, specifying in particular the nature,

extent and manner in which those countries are to participate

in the Institute's work, including provisions relating to partici-

Languages pation in the initiatives undertaken by the Institute, financial

contributions and staff. As regards staff matters, those agree-

ments shall, at all events, be in accordance with the Staff Regu-

1. The provisions laid down in Regulation No 1 of 15 April lations of officials of the European Communities and the

1958 determining the languages to be used in the European Conditions of employment of other servants of the European

Economic Community (1) shall apply to the Institute. Communities.

2. The translation services required for the functioning of

the Institute shall, in principle, be provided by the Translation

Centre for the Bodies of the European Union set up by Council Article 20

Regulation (EC) No 2965/94 (2).

Evaluation

Article 17 1. By ... (*), the Institute shall commission an independent

external evaluation of its achievements on the basis of terms of

Privileges and immunities reference issued by the Management Board in agreement with

the Commission. The evaluation shall assess the impact of the

Institute on the promotion of gender equality and shall include

The Protocol on the Privileges and Immunities of the European an analysis of the synergy effects. It shall in particular address

Communities shall apply to the Institute. the possible need to modify or extend the tasks of the Institute,

including the financial implications of any such modification or

(1) OJ L 17, 6.10.1958, p. 385. Regulation as last amended by Council extension. The evaluation shall take into account the views of

Regulation No 920/2005 (OJ L 156, 18.6.2005, p. 3). the stakeholders, at both Community and national level.

(2) Council Regulation (EC) No 2965/94 of 28 November 1994 setting

up a Translation Centre for bodies of the European Union (OJ L

314, 7.12.1994, p. 1). Regulation as last amended by Regulation (*) The end of the third year following the entry into force of this

(EC) No 1645/2003 (OJ L 245, 29.9.2003, p. 13). Regulation.

5.12.2006 EN Official Journal of the European Union C 295E/65

2. The Management Board, in agreement with the Commis- Article 22

sion, shall decide the timing of future evaluations, taking into

account the results of the evaluation report mentioned in para- Administrative control

graph 1. The operations of the Institute shall be subject to the supervi-

sion of the Ombudsman in accordance with the provisions of

Article 21 Article 195 of the Treaty.

Review clause Article 23

The Management Board shall examine the conclusions of the Start of the Institute's activities

evaluation mentioned in Article 20 and issue to the Commis-

sion such recommendations as may be necessary regarding The Institute shall be operational as soon as possible and in

changes in the Institute, its working practices and remit. The any event not later than ... (*).

Commission shall forward the evaluation report and the recom-

mendations to the European Parliament, the Council, the Euro- Article 24

pean Economic and Social Committee and the Committee of Entry into force

the Regions and make them public. After examination of the

evaluation report and the recommendations, the Commission This Regulation shall enter into force on the 20th day

may submit any proposals which it deems necessary for following that of its publication in the Official Journal of the

amendments to this Regulation. European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ..., on ...

For the European Parliament For the Council

The President The President

... ...

(*) Twelve months after the entry into force of this Regulation.

C 295E/66 EN Official Journal of the European Union 5.12.2006

STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

On 8 March 2005, the Commission submitted to the Council, on the basis of Articles 13(2) and

141(3) of the Treaty, a proposal for a Regulation of the European Parliament and of the Council Direc-

tive establishing a European Institute for Gender Equality.

The European Parliament delivered its Opinion in 1st reading on 14 March 2006.

The Economic and Social Committee delivered its Opinion 27 September 2005.

The Commission adopted an amended proposal on 8 May 2006.

The Council adopted a Common Position on 18 September 2006 in accordance with the procedure

laid down in Article 251 of the Treaty.

II. OBJECTIVE

The Regulation will establish a European Institute for Gender Equality, which should serve as a centre

of excellence at EU level, providing technical support to the Community Institutions and the Member

States, in particular in terms of the collection and analysis of comparable data and statistics, as well as

the development of methodological tools to assist in the process of gender mainstreaming. The overall

objectives of the Institute will be to contribute to and reinforce the promotion of gender equality,

assist the Community institutions in the fight against discrimination based on sex, and to raise EU citi-

zens' awareness of gender equality issues.

III. ANALYSIS OF THE COMMON POSITION

1. General Observations

The Council's common position has been established in accordance with the objectives of Articles

13(2) and 141(3) of the Treaty relating, respectively, to combating discrimination and the applica-

tion of the principle of equal opportunities and equal treatment of men and women in matters of

employment and occupation, including the principle of equal pay for equal work or work of

equal value.

In adopting the common position, the Council has, with the exception of questions relating to the

composition of the Management Board and the Advisory Forum, largely followed the line taken

by the Commission in its amended proposal.

2. The European Parliament's amendments

In its first reading on 14 March 2006, the European Parliament adopted 52 amendments.

2.1. European Parliament amendments accepted by the Council

In its common position, the Council took into account 35 amendments. Out of these, the

Council:

- accepted 17 amendments in full (Nos. 2, 6, 9, 59 & 74, 13, 18, 64 & 80, 65 & 81, 29, 35,

36, 38, 41, 42, 45, 53 and 55).

- accepted 4 amendments as reformulated by the Commission (Nos. 7, 8, 10 and 40).

- accepted the spirit of another 14 amendments (Nos. 3, 4, 5, 17, 60 & 76, 61 rev. & 77, 62 &

78, 20, 25, 63 & 79, 24, 28 and 48).

2.2. European Parliament's amendments not accepted by the Council

The Council did not accept 11 amendments for the reasons explained by the Commission in its

amended proposal (Nos. 1, 23, 30, 31, 32, 33, 34, 46, 47, 52 and 54).

The Council also could not accept a further 6 amendments, with the question of the composition

of the Management Board being the main area of difference between the Institutions.

5.12.2006 EN Official Journal of the European Union C 295E/67

- Dialogue at international level (amendment 26, Article 3(1))

The Council does not consider this amendment to be necessary as Article 8 specifically deals

with `cooperation with organisations at national and European level and international organi-

sations and third countries' and sets out a procedure for such cooperation. Article 4, which

outlines the areas of activity and working methods of the Institute, also refers to the need to

`take account of existing information from whatever source and in particular of activities

already carried out by the Community institutions and by other institutions, bodies, compe-

tent national and international organisations ...'. Moreover, the Council considers that legal

clarity could be compromised by adding this aspect to the already long list of tasks under

Article 3.

- Composition of the Management Board (Amendments 66 & 82, Article 10(1))

In reaching a general approach in June 2005, the Council did not accept the Commission's

original proposal for a restricted Management Board, preferring a fully representative Board of

25 members, accompanied by a small Bureau composed of six members (Article 11). In this

scenario, the Commission would have three representatives on the Board and there would be

three non-voting members representing an appropriate non-governmental organisation at

Community level and the social partners.

Having received the opinion of the European Parliament in March 2006, the Council exam-

ined the merits of amendments 66 and 82, calling for a small Management Board comprised

of nine members appointed by the Council and a representative of the Commission. Whilst

this was considered to be an improvement on the Commission's original proposal, it was

nonetheless unacceptable to the Council for a number of reasons:

- given the nature of the issue, the Council considered it important for each Member State

to be represented on the Board and felt that this would also facilitate pooling of national

expertise and experience in the area of gender equality, which is particularly important in

the context of an enlarging Union.

- it was important for the Institute to function efficiently and thus a simple procedure for

the appointment of Board members would be preferable. Moreover, it was considered that

a small Bureau would be effective in ensuring the smooth running of the Board.

- as gender equality policy cut across a wide range of areas, the Council took the view that

the Commission should have more than one representative on the Board in order to be

able to make a solid contribution to the running of the Institute. The Council felt that a

Commission representative should also participate in the executive Bureau.

- the Council agreed with the Commission that there should be three non-voting members

representing the social partners and an appropriate non-governmental organisation at

Community level.

It should also be noted that the Council's position in relation to the composition of the

Management Board reflects the general horizontal position taken in the past on other Com-

munity agencies or bodies. Whilst several delegations were willing to reconsider their position

in the case of the Institute due to its relatively small size and modest budget, it was acknowl-

edged that it was impossible to say at this stage whether a smaller Board accompanied by a

large Advisory Forum would in fact be more efficient than a representative Board assisted by a

small Bureau. Moreover, the setting up of a small Bureau, which could meet more frequently

than the Management Board, was an important consideration in ensuring the cost-effective-

ness of the Institute.

- Representation between men and women: 40 % quota (amendment 39, Article 10(2))

The Council supports the concept of a balanced representation between men and women on

the Management Board as set out in the common position. However, it does not wish unne-

cessarily to hamper the operation of the Institute by having an obligatory quota, which might

be difficult to fulfil in practice given that there are generally more women involved in gender

equality policy than men at the current time. Whilst achieving a gender balance is important,

and there are moves to involve more men in this area, the Council considers that the experi-

ence and competence of the Board members in the field of gender equality are also important

considerations to be taken into account.

C 295E/68 EN Official Journal of the European Union 5.12.2006

- Advisory Forum (amendments 67 & 83, 68 & 84 and 51, Article 12 of the Commission's original

proposal)

In the Council's preferred scenario of a large Management Board, assisted by a small Bureau, it

was considered that the Advisory Forum, as envisaged by the Commission and the Parliament,

was no longer necessary. Moreover, in order to ensure that the Institute would benefit from

the valuable expertise available at a national level, Article 3 of the common position sets up a

European Network on Gender Equality, as requested by the Parliament, and also provides for

an `annual meeting of experts from the competent bodies specialised in gender equality issues

in the Member States'.

3. Other changes made by the Council

A number of other small technical changes, of a legal or linguistic nature, were agreed in the

context of the Legal/Linguistic procedure between the European Parliament and the Council.

IV. CONCLUSION

The Council considers that, despite the differing opinions on the composition of the Management

Board, the common position is in line with the fundamental objectives of the Commission's amended

proposal.