Proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a Community action programme to promote organisations active at European level in the field of equality between men and women

(presented by the Commission)

EXPLANATORY MEMORANDUM

Introduction

Equality between women and men has been recognised as a fundamental principle of Community law since the adoption of the Treaty of Rome.

Following the entry into force of the Treaty of Amsterdam, provisions relating to equality between men and women have been substantially reinforced by Article 2 of the EC Treaty which provides that this principle is one of the Community's essential tasks and Article 3(2) of the EC Treaty which imposes an obligation on the Community to eliminate inequalities and to actively promote equality between men and women in all fields of Community action. Furthermore, Article 13 of the EC Treaty confers on the Council the power to take appropriate action to combat all discrimination based, inter alia, on sex. Pursuant to paragraph 2 of that Article, when the Council adopts Community incentive measures, excluding any harmonisation of the laws and regulations of the Member States, to support action taken by the Member States in order to contribute to the achievement of this objective, it shall act in accordance with the procedure referred to in Article 251 EC.

Article 13(2) EC is the appropriate legal basis, since the objective is to support the activities of organisations active at European level in order to achieve equality between men and women in fields extending beyond those of employment and occupation.

The activities of these European organisations help to promote gender equality, particularly in the case of Community measures targeted specifically at women. The European Women's Lobby in particular plays a major role in promoting, monitoring and disseminating Community measures aimed at women. Its activity therefore serves the general European interest.

In this context, budget lines A-3037 (No ABB 040503) and A-3046 (No ABB 040501) of the general budget of the European Communities for the year 2003 and preceding years are intended to support the European Women's Lobby and organisations active at European level in the field of equality between men and women.

Objectives

The adoption of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 [1] on the Financial Regulation applicable to the general budget of the European Communities and the decision to base the manner in which the Commission's budget is constructed on the ABB approach (Activity Based Budgeting) involve establishing basic instruments for a number of grants funded on the basis of appropriations defined in Part A (administrative appropriations) of the Commission section of the budget (section III).

[1] OJ L 248, 16.9.2002, p. 1.

The objective of this Decision is therefore to provide a basic instrument for awarding an operating grant to the European Women's Lobby and other organisations active at European level in the field of equality between men and women for the years 2004 and 2005.

The European Women's Lobby plays a major role in promoting, monitoring and disseminating Community measures aimed at women. Its activity therefore serves the general European interest. For this reason, the proposed basic instrument therefore contains a reference to the beneficiary organisation and the operating grant is awarded without a call for proposals.

Other organisations active at European level in the field of equality between men and women which may be eligible for a grant on the basis of a call for proposals must be established in the Member States or in the countries which agreed at the Copenhagen summit in 2002 to join the European Union in 2004; in the EFTA/EEA countries, in accordance with the conditions established in the EEA agreement; in Romania, Bulgaria and Turkey. Their activities will contribute to the development and implementation of Community actions to promote equality between men and women.

Their activities must in all cases be in accordance with the principles underlying Community action in the policy area of equality between men and women and have transnational potential. In addition, the organisations must have been legally established for more than one year, acting alone or in the form of various coordinated associations.

Legal basis

The proposal is based on Article 13 EC, which confers on the Council the power to take appropriate action to combat all discrimination based, inter alia, on sex. Pursuant to paragraph 2 of that Article, when the Council adopts Community incentive measures, excluding any harmonisation of the laws and regulations of the Member States, to support action taken by the Member States in order to contribute to the achievement of this objective, it shall act in accordance with the procedure referred to in Article 251 of the EC Treaty.

Budgetary implications

The amounts provided for take into account in particular the amount granted to the European Women's Lobby and other women's organisations in the European Community budget for the year 2003. The enlargement of the Union will lead to an increase in the activities of the European Women's Lobby in favour of its members, particularly in the new Member States. The total amount proposed is EUR 2 222 000 for the two years covered by the programme.

2003/0109 (COD)

Proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a Community action programme to promote organisations active at European level in the field of equality between men and women

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 13(2) thereof,

Having regard to the proposal from the Commission [2],

[2] OJ C

Acting in accordance with the procedure laid down in Article 251 of the Treaty [3],

[3] OJ C

Whereas:

(1) The principle of equality between men and women is a fundamental principle of Community law, laid down in Article 2 and Article 3(2) of the Treaty and clarified by the case-law of the Court of Justice of the European Communities. Under the Treaty, equality between men and women is one of the Community's specific "tasks" and objectives and the Community is actively to promote such equality in all fields of Community action.

(2) Article 13 of the Treaty confers on the Council the power to take appropriate action to combat all discrimination based, inter alia, on sex. Pursuant to Article 13(2), when the Council adopts Community incentive measures, excluding any harmonisation of the laws and regulations of the Member States, to support action taken by the Member States in order to contribute to the achievement of that objective, it is to act in accordance with the procedure referred to in Article 251 of the Treaty.

(3) Articles 21 and 23 of the Charter of Fundamental Rights prohibit any discrimination on grounds of sex and lay down the principle of equality between men and women in all areas.

(4) Experience of action at Community level has shown that promoting gender equality calls in practice for a combination of measures and, in particular, of legislation and practical action designed to reinforce one another.

(5) The Commission's White Paper on Governance advocates the participation of citizens in shaping and implementing policy, the involvement of civil society and civil society organisations, and more effective and transparent consultation of interested parties.

(6) The Fourth World Conference on Women held in Beijing on 15 September 1995 adopted a Declaration and a Platform for Action calling on governments, the international community and civil society to take strategic action to eliminate both discrimination against women and the barriers to gender equality.

(7) By Decision 2001/51/EC [4], the Council established a Community action programme relating to the Community framework strategy on gender equality; these actions should be supplemented by support measures in the areas concerned.

[4] OJ L 17, 19.1.2001, p. 22.

(8) Budget lines A-3037 (No ABB 040503) and A-3046 (No ABB 040501) of the general budget of the European Communities for the year 2003 and preceding years are intended to support the European Women's Lobby and women's organisations working to promote equality between men and women.

(9) Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities [5], hereinafter "the Financial Regulation", requires the adoption of a basic instrument for existing support measures.

[5] OJ L 248, 16.9.2002, p. 1.

(10) The activities of some organisations help to promote gender equality, particularly in the case of Community measures targeted specifically at women.

(11) The European Women's Lobby, in particular, which comprises most of the women's organisations in the 15 Member States and has over 3 000 members, plays a major role in promoting, monitoring and disseminating Community measures aimed at women with a view to achieving equality between men and women. Its activity serves the general European interest.

(12) Consequently, a structured programme should be adopted to provide financial assistance to such organisations in the form of an operating grant and to certain actions.

(13) This programme covers a wide geographic area owing to the fact that the Agreement on the European Economic Area (EEA) provides for increased cooperation in the field of gender equality between the European Community and its Member States on the one hand and the countries of the European Free Trade Association on the other. The EEA Agreement lays down the procedures for the participation of the EFTA States party to the EEA Agreement in Community programmes in this field. Furthermore, this programme should be opened up for participation by associated countries of Central and Eastern Europe, in accordance with the conditions established in the Europe Agreements, in their additional protocols and in the decisions of the respective Association Councils, and to Turkey in accordance with the conditions laid down in the Framework Agreement of 17 December 2001 establishing the general principles for the participation of Turkey in Community programmes [6].

[6] OJ L 61, 2.3.2002, p. 27.

(14) The specific nature of organisations active at European level in the field of the promotion of equality between women and men should be taken into account when laying down the procedures for granting such assistance.

(15) This Decision establishes a financial framework for the entire duration of the programme which is to be the principal point of reference for the budgetary authority, within the meaning of point 33 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure [7].

[7] OJ C 172, 18.6.1999, p. 1.

HAVE DECIDED AS FOLLOWS:

Article 1 - AObjective of the programmeO

1. A Community Action Programme to provide support for the European Women's Lobby and other organisations active at European level in the field of equality between men and women is established.

2. The general objective of the programme is to support the activities of these organisations, of which an ongoing programme of work or a specific measure serves the general European interest in the field of equality between men and women or pursues an objective which is part of the European Union's policy in this area.

Article 2 - AAccess to the programmeA

1. The European Women's Lobby, in so far as it complies with the provisions laid down in the Annex, shall be entitled to an operating grant enabling it to carry out its activities of representing and coordinating non-governmental women's organisations and relaying information on women to the European institutions and non-governmental organisations.

2. In order to be eligible for a grant, an organisation active at European level in the field of equality between women and men must comply with the provisions laid down in the Annex and meet the following requirements:

a) its activities must contribute to the development and implementation of Community actions to promote equality between men and women;

b) its activities must be in accordance with the principles underlying Community action in the policy area of equality between men and women;

c) its activities must have transnational potential;

d) the organisation must have been legally established for more than one year, acting alone or in the form of various coordinated associations.

Article 3 - AParticipation of countries outside the Communitye

In addition to organisations established in the Member States, participation in the programme shall be open to organisations active at European level in the field of equality between men and women established in:

a) countries which agreed at the Copenhagen summit in 2002 to join the European Union in 2004;

b) the EFTA/EEA countries, in accordance with the conditions laid down in the EEA Agreement;

c) Romania and Bulgaria, the conditions for participation to be laid down in accordance with the Europe Agreements, their additional protocols and the decisions of the respective Association Councils;

d) Turkey, the conditions for participation to be laid down in accordance with the Framework Agreement of 17 December 2001 on the general principles for the participation of Turkey in Community programmes.

Article 4 - ASelection of beneficiariesS

1. An operating grant shall be awarded directly to the European Women's Lobby in so far as it complies with the general criteria laid down in point 2.1 of the Annex.

2. The award of an operating grant on the basis of an ongoing programme of work or of a grant for a specific action to an organisation which is pursuing an objective of general European interest or an objective which is part of the European Union's policy of promoting equality between men and women must meet the general criteria laid down in points 2.2. and 2.3. of the Annex. Organisations entitled to receive grants shall be selected following a call for proposals.

Article 5 - AAwarding of the grantA

1. The operating grant awarded to the European Women's Lobby and other organisations active at European level in the field of equality between men and women may cover no more than 80% of the organisation's total eligible expenditure for the calendar year for which the grant is awarded.

2. Pursuant to Article 113(2) of Regulation (EC, Euratom) No 1605/2002, and by reason of the nature of the organisations covered by this Decision, a derogation shall be made from the principle of degressivity for operating grants awarded to the European Women's Lobby and for operating grants and grants for actions awarded to other organisations active at European level in the field of equality between women and men.

Article 6 - AFinancial provisionsF

1. This programme shall start on 1 January 2004 and shall end on 31 December 2005.

2. The financial framework for the implementation of this programme for the period from 2004 to 2005 shall be EUR 2.222 million.

3. The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspectives.

Article 7 - AMonitoring and evaluationM

By 31 December 2006 at the latest, the Commission shall submit a report to the European Parliament and the Council on the achievement of the objectives of this programme. This report shall be based on the results obtained by the beneficiaries and shall assess, in particular, their effectiveness in achieving the objectives set out in Article 1 and the Annex.

Article 8 - AEntry into forceE

This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Done at Brussels, [...]

For the European Parliament For the Council

The President The President [...] [...]

ANNEX

1. Activities supported

The general objective laid down in Article 1 is to reinforce Community action in the field of equality between men and women and the effectiveness of such action by offering financial support to the European Women's Lobby and other organisations active at European level in the field of equality between women and men.

1.1. Activities carried out by the European Women's Lobby will include the following:

- Follow-up to the Beijing Platform for Action (United Nations);

- Working towards improving European legislation on gender equality and the inclusion of women in all policy areas;

- Participation at meetings and conferences on gender equality;

- Taking action to ensure that the views and interests of women are included in national and European policies, in particular encouraging their participation in decision-making;

- Reinforcing the aspect of equality between men and women in the EU enlargement process.

1.2. Activities of organisations working to promote equality between men and women which may help reinforce and increase the effectiveness of Community action include the following:

- representation of interested parties at Community level;

- awareness-raising activities aimed at promoting gender equality, in particular through studies, campaigns and seminars;

- dissemination of information on Community action to promote gender equality;

- action promoting, inter alia, the reconciliation of working and family life, the involvement of women in decision-making, the fight against gender-related violence, gender stereotypes and discrimination at work.

2. Carrying out of the activities supported

The activities carried out by bodies which may receive a Community grant under the programme will come under one of the following strands:

2.1. Strand 1: ongoing activities of the European Women's Lobby, whose members are women's organisations in the Member States of the European Union, respecting the following principles:

- the European Women's Lobby must be free to select its members;

- the European Women's Lobby must be free to pursue its activities in accordance with point 1.2. of the Annex.

2.2. Strand 2: ongoing activities of an organisation pursuing an objective of general European interest in the field of gender equality or an objective which is part of the European Union's policy in this area.

In accordance with Article 2 of the Decision, this applies to a non-profit-making body carrying out its activities exclusively in order to achieve equality between women and men or an organisation with a wider aim which carries out part of its activities exclusively to promote equality between women and men.

An annual operating grant may be awarded to support implementation of such an organisation's ongoing programme of work.

2.3. Strand 3: specific actions of an organisation pursuing an objective of general European interest in the field of equality between women and men or an objective which is part of the European Union's policy in this area.

3. Selection of beneficiaries

3.1. The operating grant will be awarded directly to the European Women's Lobby under strand 1 of the programme.

3.2. Organisations entitled to receive an operating grant under strand 2 of the programme will be selected on the basis of calls for proposals.

3.3. Bodies entitled to receive a grant for specific action under strand 3 of the programme will be selected on the basis of calls for proposals.

4. Checks and audits

4.1. The beneficiary of an operating grant shall keep available for the Commission all the supporting documents, including the audited financial statement, regarding expenditure incurred during the grant year, for a period of five years following the last payment. The beneficiary of a grant shall ensure that, where applicable, supporting documents in the possession of partners or members be made available to the Commission.

4.2. The Commission may have an audit of the use made of the grant carried out either directly by its own staff or by any other qualified outside body of its choice. Such audits may be carried out throughout the lifetime of the agreement and for a period of five years from the date of payment of the balance. Where appropriate, the audit findings may lead to recovery decisions by the Commission.

4.3. Commission staff and outside personnel authorised by the Commission shall have appropriate right of access, in particular to the beneficiary's offices and to all the information, including information in electronic format, needed in order to conduct such audits.

4.4. The Court of Auditors and the European Anti-Fraud Office (OLAF) shall enjoy the same rights, especially of access, as the Commission.

4.5. In order to protect the European Communities' financial interests against fraud and other irregularities, the Commission may carry out on-the-spot checks and inspections under this programme in accordance with Council Regulation (EURATOM, EC) No 2185/96 [8]. Where necessary, investigations shall be conducted by the European Anti-Fraud Office (OLAF) and these shall be governed by Regulation (EC) No 1073/1999 of the European Parliament and of the Council. [9]

[8] OJ L 292, 15.11.1996, p. 2.

[9] OJ L 136, 31.5.1999, p. 1.

LEGISLATIVE FINANCIAL STATEMENT

Policy area(s): Employment and social affairs

Activity/activities: Equality between men and women

Title of action: Proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a Community action programme to promote organisations active at European level in the field of equality between men and women

1. BUDGET LINE(S) + HEADING(S)

A-3037 (No ABB 040503) and A-3046 (No ABB 040501)

2. OVERALL FIGURES

2.1. Total allocation for action: EUR million in commitment appropriations:

EUR 2.222

2.2. Period of application:

2004 + 2005

2.3. Overall multiannual estimate of expenditure:

a) Schedule of commitment appropriations (financial intervention) (cf. point 6.1.1)

In the case of non-dissociated appropriations - commitments = payments

EUR million (to three decimal places)

>TABLE>

b) Technical and administrative assistance and support expenditure (cf. point 6.1.2)

>TABLE>

>TABLE>

c) Overall financial impact of human resources and other administrative expenditure (cf. points 7.2. and 7.3.)

>TABLE>

>TABLE>

2.4. Compatibility with financial programming and financial perspective

|X| Proposal is compatible with existing financial programming.

| | Proposal will entail reprogramming of the relevant heading in the financial perspective.

| | Proposal may require application of the provisions of the Interinstitutional Agreement.

2.5. Financial impact on revenue

|X| Proposal has no financial implications (involves technical aspects regarding implementation of a measure)

OR

| | Proposal has financial impact - the effect on revenue is as follows:

EUR million (to one decimal place)

>TABLE>

3. BUDGET CHARACTERISTICS

>TABLE>

The action is new in this form; however, it follows on from Community action which has existed in some form for several years and the main aim is to give a legal basis to such action.

4. LEGAL BASIS

Article 13(2) of the EC Treaty

5. DESCRIPTION AND GROUNDS

5.1. Need for Community intervention [10]

[10] For further information, see separate explanatory note.

5.1.1 Objectives pursued

Equality between women and men has been a fundamental principle of Community law since the Treaty of Rome was adopted.

Following the entry into force of the Treaty of Amsterdam, provisions relating to equality between men and women have been substantially reinforced by Article 2 of the EC Treaty which provides that this principle is one of the Community's essential tasks and Article 3(2) of the EC Treaty which imposes an obligation on the Community to eliminate inequalities and to actively promote equality between men and women in all fields of Community action. Furthermore, Article 13 of the EC Treaty confers on the Council the power to take appropriate action to combat all discrimination based, inter alia, on sex. Pursuant to paragraph 2 of that Article, when the Council adopts Community incentive measures, excluding any harmonisation of the laws and regulations of the Member States, to support action taken by the Member States in order to contribute to the achievement of this objective, it shall act in accordance with the procedure referred to in Article 251 of the EC Treaty.

The activities of these organisations help to promote gender equality, particularly in the case of Community measures targeted specifically at women. The European Women's Lobby in particular plays a major role in promoting, monitoring and disseminating Community measures aimed at women. Its activity therefore serves the general European interest.

In this context, budget lines A-3037 (No ABB 040503) and A-3046 (No ABB 040501) of the general budget of the European Communities for the year 2003 and preceding years are intended to support the European Women's Lobby and organisations working to promote equality between men and women.

Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 [11] on the Financial Regulation applicable to the general budget of the European Communities makes it necessary to provide a basic instrument for existing support measures.

[11] OJ L

A structured programme should be adopted to provide financial assistance to these organisations active at European level in the field of equality between women and men in the form of an operating grant or grant for a specific action.

5.1.2 Measures taken in connection with ex ante evaluation

Not applicable.

5.1.3 Measures taken following ex post evaluation

The activities of the European Women's Lobby have in the past been subject to several annual evaluations by the Commission's departments. In addition, an audit report was drawn up in 1999 at the European Parliament's request. These evaluations have shown that the Lobby's activities have an effective, significant impact, in particular by informing women of their rights, and that it has a substantial influence on policy makers at European, national, regional and local level with regard to the promotion of gender equality.

5.2. Action envisaged and budget intervention arrangements

This involves the provision of continued financial support for the activities of the European Women's Lobby and other organisations which work effectively to promote equality between men and women and thereby contribute significantly to the actions carried out by the European Institutions in this field.

The operating grant awarded to the European Women's Lobby and other organisations active at European level in the field of gender equality will finance up to a maximum of 80% of all the organisation's eligible expenditure for the calendar year for which the grant is awarded.

5.3. Methods of implementation

A grant contract will be concluded between the organisations concerned and the Commission. A work programme drawn up in agreement with both parties will be annexed to the contract.

6. FINANCIAL IMPACT

6.1. Total financial impact on Part B (over the entire programming period)

6.1.1 Financial intervention Commitments in EUR million (to three decimal places)

>TABLE>

6.2. Calculation of costs by measure envisaged in Part B (over the programming period) [12]

[12] For further information, see separate explanatory note.

Commitments in EUR million (to three decimal places)

>TABLE>

If necessary explain the method of calculation

7. IMPACT ON STAFF AND ADMINISTRATIVE EXPENDITURE

7.1. Impact on human resources

>TABLE>

* Existing resources

7.2. Overall financial impact of human resources

>TABLE>

The amounts are total expenditure for 12 months.

7.3. Other administrative expenditure deriving from the action

>TABLE>

The amounts are total expenditure for 12 months.

(1) Specify the type of committee and the group to which it belongs.

>TABLE>

8. MONITORING AND EVALUATION

8.1. Monitoring arrangements

Qualitative and quantitative monitoring of the content of the work programme and the results obtained will be carried out (identifying the various reports and contributions anticipated and participation at/organisation of meetings) and annexed to the grant contract for organisations active at European level in the field of equality between women and men entitled to a grant.

8.2. Arrangements and schedule for the planned evaluation

Evaluation will be done on an annual basis. The final payment will be subject to approval of the financial report and the activity report presented by organisations active at European level in the field of equality between women and men entitled to the grant.

The evaluation will examine the relevance, effectiveness and cost-effectiveness of the actions carried out in relation to the objectives set out in Article 1 of this Decision. It will also examine the impact of the programme as a whole.

The evaluation will also examine the complementarity between action under the programme and that pursued under other relevant Community policies, instruments and actions.

9. ANTI-FRAUD MEASURES

The final and financial reports must contain an attestation from an external auditor certifying the veracity of the information contained in them.

In order to protect the European Communities' financial interests against fraud and other irregularities, the Commission may carry out on-the-spot checks and inspections under this programme in accordance with Council Regulation (EURATOM, EC) No 2185/96 [13]. Where necessary, investigations shall be conducted by the European Anti-Fraud Office (OLAF) and these shall be governed by Regulation (EC) No 1073/1999 of the European Parliament and of the Council [14].

[13] OJ L 292, 15.11.1996, p. 2.

[14] OJ L 136, 31.5.1999, p. 1.