Amended proposal for a Council Regulation (EC) on integrating gender issues in development co-operation
Date: 1998-02-13
Institutions: European Commission
Subjects: cooperation policy, development policy, equal treatment, gender equality, women's rights

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; 

Whereas  their  contribution  to  development  is  presently  achieved  in  the  face  of 
2. 
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; 

Whereas  development 

8. 
should 
systematically integrate gender analysis in the design, implementation and evaluation of all 
development policies and interventions; 

interventions 

effectiveness 

requires 

that 

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 
in  Community  policies  and 
to  taking  fully 
interventions. 

into  account  gender  considerations 

For the purposes of this Regulation "gender" means the different  and interrelated 
3. 
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 

The following  are the central objectives of activities to be carried out pursuant to 

1. 
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. 

To  support  and  facilitate  the  inclusion  of  actions  addressing  major  gender 
(b) 
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. 

5-

(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; 

Particular  attention  will  be  given  to  mainstreaming  gender  issues  in  emerging 

3. 
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 

The instruments to be employed  in the course of the activities referred  to in Article 

1 
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. 

A contribution  shall  be  sought  from  the  beneficiaries  defined  in  Article  3. Their 

3 
contribution  shall depend on their means and the nature of the operation concerned. 

Opportunities  may  be  sought  for  cofinancing  with  other  donors,  especially  with 

4 
Member States and the international organisations concerned. 

The necessary  measures  shall be taken  to  emphasise the Community  character  of 

5. 
the aid provided pursuant to this Regulation. 

In order to  attain  the objectives of consistency  and  complementarity  laid  down in 
6. 
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) 

(b) 

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, 

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. 

Financial support pursuant to this Regulation shall take the form of grants. 

Article 5 

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. 

Decisions relating to grants  of more than  ECU  2 million  for  individual  operations 
2. 
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 
mainstreaming gender issues in all Community  interventions. 

the  objective  of 

Article 7 

The Commission  shall  be assisted  by the relevant geographical  committe  for 

1. 
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. 

-  8-

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 

This Regulation shall enter into force on the third day following that of its 

1 
publication in the Official  Journal of the European Communities. 

Three years after the entry into force of this Regulation the Commission shall 

2. 
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. 

-  V 

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

Done a t ..  . 

For the Council 

The President 

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ISSN 0254-1475 

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