COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 13.02.1998 
COM(1998) 82 final 
97/0151 (SYN) 
AMENDED PROPOSAL FOR A 
COUNCIL REGULATION (EC) 
ON INTEGRATING GENDER ISSUES IN DEVELOPMENT CO-OPERATION 
(presented by the Commission pursuant to Article 189 a (2) 
of the EC-Treaty) 

EXPLANATORY MEMORANDUM 
The proposed Regulation lays down the objectives and procedures for operations under 
budget Item B7-6Î1 "Women in development". 
The initial version of this proposal was presented by the Commission on 9 June 1997. 
On the basis of a report by Ms Karin Junker, Parliament unanimously approved the 
Commission proposal on 19 November 1997, subject to 17 amendments. 
During discussions in Parliament the Commission said that it could accept nine 
amendments in lull or in part, in some cases subject to some re-wording; it could not, 
however, accept the other eight. 
The Commission therefore has to draw up an amended proposal incorporating those 
amendments that it docs accept (see underlined text), most of which are technical in 
nature. 
The amendments that the Commission was unable to accept concerned committee 
procedures - rejected because clarity and consistency demand a certain uniformity with 
similar provisions in other comparable regulations already in force and adherence to 
standard clauses - and human and institutional resources - rejected because these are 
matters for the Commission to decide. 
The Commission's initial proposal has already been discussed by the Council's 
Development Group, which agreed a draft common position on 6 November 1997. To 
facilitate discussion, the amended proposal incorporates (in bold) the amendments 
proposed by the Council Development Group which were acceptable to the Commission. 
These amendments are compatible with those of Parliament's proposed amendments 
accepted by the Commission. 
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AMENDED PROPOSAL FOR A 
COUNCIL REGULATION (EC) 
ON INTEGRATING GENDER ISSUES IN DEVELOPMENT CO-OPERATION 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, and in particular 
Article 130w thereof, 
Having regard to the proposal from the Commission, 
Acting in accordance with the procedure referred to in Article 189c of the Treaty, 
1. Whereas the importance of women's economic and social roles in developing 
countries has led to increasing international recognition that their full participation without 
discrimination is indispensable for sustainable and effective development; 
2. Whereas their contribution to development is presently achieved in the face of 
formidable obstacles specific to women, which limit the outcome of their work and reduce 
the benefits to society as a whole; 
3. Whereas these obstacles include persistent and severe disparities between women 
and men in access to basic services, particularly in the areas of education, training and 
health, control over economic resources and access to political and economic decision­
making in many areas of society and family life: 
4. Whereas development interventions have frequently failed to adequately address 
the differences between women's and men's situations, roles, opportunities, and priorities, 
thereby reducing their overall success; 
5. Whereas redressing gender disparities and empowering women are crucial for 
social justice and the effectiveness of development efforts; 
6. Whereas development co-operation must encourage the necessary accompanying 
changes in attitudes, structures and mechanisms at political, economic, legal, community 
and household level; 
7. Whereas it is now recognised that though specific efforts to enhance the role of 
women in development remain as necessary as ever, the focus must widen to encompass 
both men's and women's roles, responsibilities, needs, access to resources and decision­
making, and the inter-relationship between them, known as gender issues; 
8. Whereas development effectiveness requires that interventions should 
systematically integrate gender analysis in the design, implementation and evaluation of all 
development policies and interventions; 
° Whereas the foregoing analysis is set out in more detail in the Commission's 
(. ommunication to the Council and the European Parliament on integrating gender issues 
in development co-operation of 18 September 1995,1 and was endorsed by the Council in 
if] resolution described below; 
10. Whereas the Council in a series of conclusions from 1982 to 1993 has stressed the 
importance it attaches to women's role in development; 
i ! Whereas the Community and its Member States were signatories to the Nairobi 
Forward-Looking Strategies in 1985 and to the Declaration and Platform for Action of 
the Fourth World Conference on Women at Beijing in 1995, which stressed the need to 
act against obstacles to gender equality and to ensure that a gender perspective is reflected 
in all policies and programmes; 
12 Whereas the UN Convention on the Elimination of all forms of Discrimination 
against Women (1979) considers discrimination against women as an obstacle to 
development which parties agree to eliminate using all appropriate means, and the UN 
Declaration on the Right to Development (1986) emphasises the right of all persons to 
participate in and contribute to development and the need to undertake effective measures 
to ensure that women have an active role in the development process; 
13. Whereas the European Parliament has emphasised in numerous resolutions, and 
particularly in its resolution of 14 May 1992 on the situation of women in developing 
countries2 and its resolution of 15 June 1995 on the fourth World Conference on Women 
in Beijing,3 the need to integrate proper attention to women's role and priorities in 
Community development co-operation and to take adequate measures to ensure active 
implementation of the conclusions of the Beijing Conference; 
14. Whereas the resolution of the Council and the Representatives of the Governments 
of the Member States of 20 December 1995 endorses the Commission's communication 
on the same subject, requires the full integration of gender issues in development co­
operation and coordination between the Commission and Member States in this field, and 
sets out guidelines which also translate into the field of development co-operation the 
political commitments undertaken at Beijing; 
15. Whereas this approach is further endorsed by the resolution of the Council and the 
Member States on human and social development of 22 November 1996; 
16. Whereas the recognised importance of these issues to development effectiveness 
makes it appropriate to envisage specific activities aimed at ensuring adequate attention to 
gender issues across the mainstream of Community financial instruments, which should 
increasingly assume responsibility for these key questions; 
17. Whereas the most effective approach for aid financed under this Regulation is 
considered to be strategic and precisely targeted sensitisation initiatives capable of 
achieving a substantial multiplier effect, rather than the funding of small-scale operational 
projects; 
1 COM (95) 423 
2 A3-0146/92 
3 A4-0142/95 
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17a Whereas the main financial instruments of Community development co-operation 
should also be used to a greater extent for specific action in favour of women; 
18. Whereas the scale and importance of Community activities in the field of 
development co-operation necessitate initiatives by the Community to ensure its 
implementation of its commitments at Beijing, complementary to those undertaken by 
Member States; 
19. Whereas measures need to be taken to finance the activities covered by this 
Regulation; 
20. Whereas detailed rules for implementation, and in particular the form of action, the 
recipients of the aid and the decision-making procedures should be laid down, 
HAS ADOPTED THIS REGULATION: 
Article 1 
1. The Community shall provide financial assistance and technical expertise to 
support the mainstreaming of a gender perspective into all its development co-operation 
policies and interventions. 
2. The assistance provided pursuant to this Regulation shall complement, reinforce 
and coordinate assistance provided pursuant to other instruments of development co-
operation. including those existing at intergovernmental and/or national level, with a view 
to taking fully into account gender considerations in Community policies and 
interventions. 
3. For the purposes of this Regulation "gender" means the different and interrelated 
roles, responsibilities and opportunities of women and men relative to development, which 
are culturally specific and socially constructed, and can change over time, inter alia as a 
result of policy interventions. 
Article 2 
1. The following are the central objectives of activities to be carried out pursuant to 
this Regulation: 
(a) To support the mainstreaming of gender analysis, taking particular account of the 
legal and actual status of women and men, their needs and their contribution to society 
and the family: to support the adoption of a gender-sensitive approach in the conception, 
design and implementation of Community development policies and interventions at 
macro, meso and micro level, as well as in their monitoring and evaluation. 
(b) To support and facilitate the inclusion of actions addressing major gender 
disparities and on an appropriately large scale, particularly with regard to access to 
resources, services and participation in the decision-making processes in political, 
economic and social life, in the mainstream of Community development interventions. 
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(ba) To ilrrive, by 2003, at a situation in which a considerably higher proportion 
of Community interventions satisfy the OECD-DAC criteria4 for gender-integrated 
or positive action projects. 
(c) To develop and promote endogenous public and private capacities in developing 
countries which can take the responsibility for mainstreaming the gender dimension in the 
development effort. 
(ca) To link actions within the framework of coordination with Member States on 
integrating gender issues in development cooperation. 
2 Activities eligible for financing include, in particular. 
- provision of technical advice and support for the integration of gender issues in 
development interventions, in particular at macro and sectoral level; 
- activities aimed at including gender implications in analyses, policies, country and 
sector strategies; 
- schemes to build up the institutional and operational capacities of developing countries 
on gender issues at national, regional and local level particularly as regards legislative 
and administrative action on equal rights for men and women; 
supporting the collection and dissemination of key data desegregated by sex; 
development of methodologies, guidelines, manuals, procedures, indicators and other 
operational instruments seeking to improve the integration of gender issues in 
development activities; 
- thematic monitoring and evaluations; 
- training and sensitisation of key decision makers in the Commission and the developing 
countries: 
- support for the formulation, follow-up and monitoring of national plans in developing 
countries designed to implement the Platform for Action of the Beijing Conference; 
- actions within the framework of co-ordination with Member States on integrating 
gender issues in development co-operation; 
3. Particular attention will be given to mainstreaming gender issues in emerging 
areas of development co-operation. 
Article 3 
Beneficiaries of activities carried out under this Regulation may include public authorities 
and government agencies, decentralised departments, regional bodies, universities and 
research centres, traditional and local communities, trade unions, co-operatives, non­
governmental organisations, public utility associations (e.g. groups of water users) and 
associations representing local people, particularly women, and agricultural and craft 
cooperatives and credit institutions. 
4 Documents DCD/DAC/STAT{89)1 and DCD/DAC/STAT(97)1 
Particular attention will be given to endogenous structures that can act as a catalyst in 
strengthening local capacities with respect to gender. 
Article 4 
1 The instruments to be employed in the course of the activities referred to in Article 
2 shall include studies, appropriate technical assistance, including the short- and long-
term use of experts, education, training or other services, supplies and works, as well as 
audits and evaluation and monitoring missions. 
2. Community financing may cover both investment, with the exception of the 
purchase of real estate, and, since the project must, if possible, aim at medium-term 
viability, recurring expenditure (including administrative, maintenance and operating 
expenditure). 
However, with the exception of training, education and research programmes, operating 
costs may normally be covered only during the start-up phase and on a gradually 
decreasing basis. 
3 A contribution shall be sought from the beneficiaries defined in Article 3. Their 
contribution shall depend on their means and the nature of the operation concerned. 
4 Opportunities may be sought for cofinancing with other donors, especially with 
Member States and the international organisations concerned. 
5. The necessary measures shall be taken to emphasise the Community character of 
the aid provided pursuant to this Regulation. 
6. In order to attain the objectives of consistency and complementarity laid down in 
the Treaty and with the aim of guaranteeing optimum efficiency for the totality of these 
operations, the Commission may take all coordination measures necessary, including in 
particular: 
(a) the establishment of a system for the systematic exchange and analysis of 
information on operations financed or being considered for financing by the 
Community and the Member States, 
(b) on-the-spot coordination of these operations by means of regular meetings and 
exchanges of information between the representatives of the Commission and 
Member States in the beneficiary countries. 
7. In order to obtain the greatest possible impact globally and nationally, the 
Commission, in liaison with the Member States, may take any initiative necessary for 
ensuring proper coordination and close collaboration, especially regarding the exchange 
of information, with the beneficiary countries and the providers of funds and other 
international agencies involved, in particular those forming part of the United Nations 
system. 
Article 5 
Financial support pursuant to this Regulation shall take the form of grants. 
f 
Article 6 
1. The Commission shall be responsible for appraising, deciding and administering 
operations covered by this Regulation according to the budgetary and other procedures in 
force, and in particular those laid down in the Financial Regulation applicable to the 
general budget of the European Communities. 
2. Decisions relating to grants of more than ECU 2 million for individual operations 
financed pursuant to this Regulation shall be adopted under the procedure laid down in 
Article 7. 
3. The Commission shall be authorised to approve, without seeking the opinion of 
the Committee referred to in Article 7, any extra commitments needed for covering any 
expected or real cost overruns in connection with the operations, provided that the 
overrun or additional requirement is less than or equal to 20% of the initial commitment 
fixed by the financing decision. 
4. All financing agreements or contracts concluded pursuant to this Regulation shall 
provide for the Commission and the Court of Auditors to conduct on-the-spot checks 
according to the usual procedures laid down by the Commission under the rules in force, 
in particular those of the Financial Regulation applicable to the general budget of the 
European Communities. 
5. Where operations are the subject of financing agreements between the Community 
and the recipient country, such agreements shall stipulate that the payment of taxes, duties 
or any other charges is not to be covered by the Community. 
6. Participation in invitations to tender and the award of contracts shall be open 
on equal terms to all natural and legal persons of the Member States and the recipient 
country. It may be extended to other developing countries and, in exceptional cases, 
where duly justified, to other third countries. 
7. Supplies shall originate in the Member States, the recipient country or other 
developing countries. In exceptional cases, where duly justified, supplies may originate 
in other countries. 
8. Particular attention will be given to: 
- the pursuit of cost-effectiveness and sustainable impact in project design, 
- the clear definition and monitoring of objectives and indicators of achievement for all 
projects, 
- the capacity of projects and programmes to satisfy the objective of 
mainstreaming gender issues in all Community interventions. 
Article 7 
1. The Commission shall be assisted by the relevant geographical committe for 
development. 
2. The representative of the Commission shall submit to the Committee a draft of the 
measures to be taken. The Committee shall deliver its opinion on the draft within a time 
limit which the chairman may lay down according to the urgency of the matter, if 
necessary by taking a vote. 
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The opinion shall be recorded in the minutes; in addition each Member State shall have the 
right to ask to have its position recorded in the minutes. 
The Commission shall take the utmost account of the opinion delivered by the Committee. 
It shall inform the Committee of the manner in which its opinion has been taken into 
account 
Article 8 
An exchange of views shall take place once a year on the basis of a presentation by the 
representative of the Commission of the general guidelines for the operations to be carried 
out in the year ahead, in the framework of a joint meeting of the Committees referred to 
in Article 7. 
Article 9 
1. At the end of each budget year, the Commission shall submit an annual report to 
the European Parliament and the Council giving an account of the activities financed 
under this Regulation relative to integrating gender issues in Community development co­
operation and of their outcome, together with: 
- a list of the projects indicating the names of the implementing partners and the 
percentage of the operational cost financed by the Community, 
an evaluation, complete with figures, of the implementation of this Regulation over that 
period. 
2. The Commission shall regularly assess operations financed by the Community with 
a view to establishing whether the objectives aimed at by those operations have been 
achieved and to providing guidelines for improving the effectiveness of future operations. 
The Commission shall submit to the Committee referred to in Article 7 a summary of the 
assessments made which, if appropriate, may be examined by the Committee. The 
assessment reports shall be available to any Member States requesting them. 
2a. Each month the Commission shall inform the Member States of the 
operations and projects approved, stating their cost and nature, the recipient 
country and partners. 
3. The financing guide indicating guidelines and criteria for project selection shall be 
published and distributed among interested parties by the Commission's services, 
including its delegations in the recipient countries. 
Article 10 
1 This Regulation shall enter into force on the third day following that of its 
publication in the Official Journal of the European Communities. 
2. Three years after the entry into force of this Regulation the Commission shall 
report to the European Parliament and to the Council, giving an overall evaluation 
of the operations financed by the Community under this Regulation, together with 
suggestions as to its future. 
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This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
Done at.. . 
For the Council 
The President 
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ISSN 0254-1475 
COM(98) 82 final 
DOCUMENTS 
EN 11 01 05 16 
Catalogue number : CB-CO-98-087-EN-C 
ISBN 92-78-31108-1 
Office for Official Publications of the European Communities 
L-2985 Luxembourg 
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