COMMON POSITION (EC) No 33/98 adopted by the Council on 30 March 1998 with a view to adopting Council Regulation (EC) No .../98, of ..., on integrating gender issues in development cooperation
Date: 1998-03-30
Institutions: Council of the European Union
Subjects: EU aid, developing countries, diplomatic representation, economic cooperation, gender equality, joint action

C  204/18

EN

Official  Journal  of  the  European  Communities

30.6.98

COMMON  POSITION  (EC)  No  33/98

adopted  by  the  Council  on  30  March  1998

with  a  view  to  adopting  Council  Regulation  (EC)  No  . . ./98,  of  . . .,  on  integrating  gender
issues  in  development  cooperation

(98/C  204/02)

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 (1),

Acting  in  accordance  with  the  procedure  referred  to  in
Article  189c  of  the  Treaty (2),

(6)  Whereas  development  cooperation  must  encourage
the  necessary  accompanying  changes  in  attitudes,
structures  and  mechanisms  at  political,  economic,
legal,  community  and  household  level;

to  enhance 

(7)  Whereas  it  is  now  recognised  that  though  specific
in
the 
efforts 
development remain as necessary as ever, the focus
must widen to encompass both men’s and women’s
roles,  responsibilities,  needs,  access  to  resources
interrelationship
and  decision-making,  and  the 
between  them,  known  as  gender  issues;

role  of  women 

(1)  Whereas the importance of women’s economic and
social  roles  in  developing  countries  has  led  to
increasing  international  recognition  that  their  full
is
participation 
indispensable 
effective
development;

discrimination 
and 

sustainable 

without 

for 

(2)  Whereas  their  contribution  to  development 

is
presently  achieved 
in  the  face  of  formidable
obstacles  specific  to  women,  limiting  the  outcome
of  their  work  and  reducing  the  benefits  to  society
as  a  whole;

(3)  Whereas  these  obstacles  include  persistent  and
severe  disparities  between  women  and  men  in  the
right  to  equal  participation  in  development  for
women,  access 
to
decision-making  and 
economic
resources;

to  basic  services,  access 
control  over 

(4)  Whereas 

interventions 

development 
failed 

have
frequently 
the
differences  between  women’s  and  men’s  situations,
roles, opportunities and priorities, thereby reducing
their  overall  success;

to  address  adequately 

(5)  Whereas 

redressing 

and
enhancing  the  role  of  women  are  crucial  for  social
justice  and 
the  effectiveness  of  development
efforts;

gender  disparities 

(8)  Whereas  development  effectiveness  requires  that
gender  analysis  should  be  systematically  integrated
into  the  conception,  design,  implementation  and
evaluation  of  all  development  interventions  and
strategies;

(9)  Whereas  the  foregoing  analysis  is  set  out  in  more
detail  in  the  Commission’s  communication  to  the
the  European  Parliament  on
Council  and 
development
in 
integrating 
cooperation  of  18  September  1995  and  was
endorsed  by  the  Council  in  its  resolution  of  20
December  1995;

gender 

issues 

(10)  Whereas  in  a  series  of  conclusions  from  1982  to
1993  the  Council  has  stressed  the  importance  it
attaches  to  women’s  role  in  development;

(11)  Whereas  the  Community  and  its  Member  States
were  signatories  to  the  Nairobi  Forward-Looking
Strategies  in  1985  and  to  the  Declaration  and
Platform 
the  Fourth  World
Conference  on  Women  at  Beijing  in  1995,  which
stressed  the  need  for  action  against  worldwide
obstacles to gender equality and to ensure that this
in  all  policies  and
perspective 
programmes;

for  Action  of 

reflected 

is 

(1)  OJ  C  . . .
(2)  Opinion  of  the  European  Parliament  of  19  November  1997
(OJ  C  371,  8.12.1997,  p.  74),  Council  Common  Position  of
30 March 1998 and Decision of the European Parliament of
. . .  (not  yet  published  in  the  Official  Journal).

(12)  Whereas  the  United  Nations  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

30.6.98

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Official  Journal  of  the  European  Communities

C  204/19

means,  and  the  UN  Declaration  on  the  Right  to
Development  (1986)  emphasises  the  right  of  all
persons 
to
development  and  the  need  to  undertake  effective
measures to ensure that women have an active role
in  the  development  process;

in  and  contribute 

to  participate 

(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  countries  and  its  resolution
of  15  June  1995  on  the  fourth  World  Conference
on Women in Beijing, the need to integrate proper
attention  to  women’s  roles  and  priorities 
in
Community  development  cooperation  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 
coordination
between  the  Commission  and  Member  States  in
this  field,  and  sets  out  guidelines  which  also
translate into the field of development cooperation
the  political  commitments  undertaken  at  Beijing;

cooperation 

and 

(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  is  strategic
initiatives
and  precisely 
capable of achieving a substantial multiplier effect,
rather  than  the  funding  of  small-scale  operational
projects;

targeted  sensitisation 

measures  by 
its
the  Community 
implementation  of  its  commitments  at  Beijing,
complementary  to  those  undertaken  by  Member
States;

to  ensure 

(19)  Whereas  measures  need  to  be  taken  to  finance  the

activities  covered  by  this  Regulation;

(20)  Whereas  a  financial  reference  amount,  within  the
meaning  of  point  2  of  the  Declaration  by  the
the
European  Parliament, 
the  Council  and 
Commission  of  6  March  1995  on 
the
into
provisions 
financial 
incorporation 
legislative acts (1) is included in this Regulation for
the period 1999 to 2003, without thereby affecting
the  powers  of  the  budgetary  authority  as  they  are
defined  by  the  Treaty;

of 

(21)  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  the
gender  perspective  into  all  its  development  cooperation
policies  and  interventions.

2. The  assistance  provided  pursuant  to  this  Regulation
shall  complement,  reinforce  and  coordinate  assistance
provided  pursuant  to  other  instruments  of  development
cooperation, 
at
intergovernmental  and/or  national  level,  with  a  view  to
taking  fully 
in
Community  policies  and  interventions.

into  account  gender  considerations 

including 

existing 

those 

3. For  the  purposes  of  this  Regulation  ‘gender  issues’
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:

(18)  Whereas  the  importance  of  Community  activities
in the field of development cooperation necessitates

(1)  OJ  C  102,  4.4.1996,  p.  4.

C  204/20

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Official  Journal  of  the  European  Communities

30.6.98

(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;

—  support to 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  coordination  with
in

integrating  gender 

issues 

Member  States  on 
development  cooperation.

(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 
the  mainstream  of  Community
development  interventions;

life, 

in 

(c) to  lead  progressively  to  a  situation  in  2003  where  a
substantially 
increased  percentage  of  Community
interventions  satisfy  the  OECD/DAC  criteria  for
gender  integration  or  positive  action;

(d) to  develop  and  promote  endogenous  public  and
private  capacities  in  developing  countries  which  can
take the responsibility and initiative for mainstreaming
the  gender  dimension  in  the  development  effort.

3. Particular  attention  will  be  given  to  incorporating
gender 
into  emerging  areas  of  development
cooperation.

issues 

Article  3

this
Beneficiaries  of  activities  carried  out  under 
and
authorities 
include  public 
Regulation  may 
government  agencies,  decentralised  departments,  regional
bodies,  universities  and  research  centres,  traditional  and
local  communities, 
trade  unions,  non-governmental
organisations,  public  utility  associations  and  associations
representing  local  people,  particularly  women,  as  well  as
cooperatives  and  agricultural  and  craft-based  credit
institutions.

to  endogenous
Particular  attention  will  be  given 
structures  that  can  play  a  role  in  strengthening  local
capacities  with  respect  to  gender.

2. Activities  eligible  for  financing  include,  in  particular:

Article  4

—  provision  of  technical  advice  and  support  on  the
in  development

gender 

issues 

integration  of 
interventions,

1. Community financing of the operations referred to in
Article  1  shall  cover  a  period  of  five  years  (1999  to
2003).

—  activities  aimed  at  including  gender  implications  in

analyses,  policies,  country  and  sector  strategies,

The financial reference amount for the implementation of
this  programme  for  the  period  1999  to  2003  shall  be
ECU  25  million.

—  schemes  to  build  up  the  institutional  and  operational
capacities  of  developing  countries  on  gender  issues  at
national, regional and local level, including, as regards
legislative  and  administrative  action,  on  equal  rights
for  men  and  women,

—  supporting  the  collection  and  dissemination  of  data

desegregated  by  sex,

—  development  of  methodologies,  guidelines,  manuals,
operational
procedures, 
instruments  seeking  to  improve  the  integration  of
gender  issues  in  development  activities,

indicators 

other 

and 

—  thematic  monitoring  and  evaluations,

—  training  and  sensitisation  of  key  decision-makers  in

the  Commission  and  the  developing  countries,

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

shall  determine 

2. The  budgetary  authority 
the
appropriations  available  for  each  financial  year  taking
account  of  the  principles  of  sound  financial  management
referred  to  in  Article  2  of  the  Financial  Regulation
applicable  to  the  general  budget  of  the  European
Communities.

Article  5

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  use  of
experts in the short and long term, education, training or
other  services,  supplies  and  works,  as  well  as  audits  and
evaluation  and  monitoring  missions.

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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  from  the  beneficiaries  defined  in
Article  3  shall  be  sought.

Their  contribution  shall  be  according  to  their  means  and
the  nature  of  the  operation  concerned.

4. Opportunities  may  be  sought  for  co-financing  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.

In  order  to  attain  the  objectives  of  consistency  and
6.
complementarity  laid  down  in  the  Treaty  and  with  the
aim of guaranteeing optimum efficiency for the totality of
these  operations, 
take  all
coordination  measures  necessary,  including  in  particular:

the  Commission  may 

(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;

Article  6

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

Article  7

1. The  Commission  shall  be  responsible  for  appraising,
deciding on and administering operations covered by this
Regulation  according 
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.

to 

2. Decisions  relating  to  grants  of  more  than  ECU  1
million  for  individual  operations  financed  pursuant  to
this Regulation shall be adopted under the procedure laid
down  in  Article  8.

3. The  Commission  shall  be  authorised  to  approve,
without seeking the opinion of the Committee referred to
in  Article  8,  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 
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.

in  accordance  with 

(b) on-the-spot  coordination  of  these  operations  by
regular  meetings  and  exchanges  of
means  of 
information  between 
the
Commission  and  Member  States  in  the  beneficiary
countries.

the  representatives  of 

the  subject  of 

5. Where  operations  are 
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.

7. The  Commission  can  organise  meetings  between
representatives  of  the  Commission,  Member  States  and
partner  countries  in  order  to  increase  awareness  of
gender 
in  emerging  areas  of  development
cooperation.

issues 

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  of  the  recipient
State.  It  may  be  extended  to  other  developing  countries
and,  in  exceptional  cases  which  are  fully  justified,  to
other  third  countries.

8.
In  order  to  obtain  the  greatest  possible  impact
internationally and nationally, the Commission, in liaison
with the Member States, may take any initiative in order
to  ensure  proper  coordination  and  close  collaboration,
particularly as regards 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.

7. Supplies  shall  originate  in  the  Member  States,  the
recipient  State  or  other  developing  countries. 
In
exceptional  cases,  where  circumstances  warrant,  supplies
may  originate  in  other  countries.

8. Particular  attention  will  be  given  to:

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Official  Journal  of  the  European  Communities

30.6.98

—  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  address
the  objective  of  mainstreaming  the  gender  dimension
on  a  large  scale  in  Community  interventions.

Article  8

1. The  Commission 
assisted  by 
geographically  determined  committee  competent 
development.

shall  be 

the
for

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.  The  opinion  shall  be
delivered  by  the  majority  laid  down  in  Article  148(2)  of
the  Treaty  in  the  case  of  decisions  which  the  Council  is
required  to  adopt  on  a  proposal  from  the  Commission.
The  votes  of  the  representatives  of  the  Member  States
within the committee shall be weighted in the manner set
out  in  that  Article.  The  Chairman  shall  not  vote.

The  Commission  shall  adopt  measures  which  apply
immediately.  However,  if  these  measures  are  not  in
accordance with the opinion of the committee, they shall
be  communicated  by  the  Commission  to  the  Council
forthwith.  In  that  event:

—  the  Commission  shall  defer  application  of 

the
measures  which  it  has  decided  for  a  period  of  one
month  from  the  date  of  such  communication,

—  the  Council,  acting  by  a  qualified  majority,  may  take
a different decision within the time limit referred to in
the  previous  subparagraph.

Article  9

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 8(1).

Council giving an account of the activities financed under
this  Regulation  relative  to  integrating  gender  issues  in
Community  development  cooperation  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  8 a
summary  of  the  assessments  made  which  assessments,  if
appropriate,  may  be  examined  by  the  committee.  The
assessment  reports  shall  be  available  to  any  Member
States  requesting  them.

3. 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.

4. 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  11

1. This Regulation shall enter into force on the third day
following  its  publication  in  the  Official  Journal  of  the
European  Communities.

It  shall  apply  until  31  December  2003.

2. Three years after this Regulation enters into force, the
Commission shall submit to the European Parliament and
to  the  Council  an  overall  assessment  of  the  operations
financed by the Community under this Regulation, which
may  be  accompanied  by  suggestions  concerning  the
future  of  this  Regulation.

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

Article  10

Done  at  . . .

1. After  each  budget  year,  the  Commission  shall  submit
an  annual  report  to  the  European  Parliament  and  the

For  the  Council

The  President

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STATEMENT  OF  THE  COUNCIL’S  REASONS

I. 

INTRODUCTION

1.  By letter of 20 June 1997 the Commission forwarded to the Council a proposal (1)  for

a  Regulation  on  integrating  gender  issues  in  development  cooperation.

2.  On 19 November 1997 the European Parliament delivered its opinion on the proposal

at  first  reading (2).

3.  On 30 March 1998 the Council adopted its common position pursuant to Article 189c

of  the  Treaty.

II.  AIM  OF  THE  PROPOSAL

The  aim  of  the  proposal  is  to  create  a  legal  basis  for  implementing  the  appropriations
entered  in  the  budget  to  support  the  horizontal  approach  of  integrating  a  gender
perspective  in  the  mainstream  of  the  Community’s  development  cooperation  policies  and
interventions.

The  assistance  provided  pursuant  to  this  Regulation  reinforces  and  coordinates  assistance
provided  pursuant  to  other  instruments  of  development  cooperation.

III.  ANALYSIS  OF  THE  COMMON  POSITION

The  common  position  retains  the  essence  of  the  Commission  proposal  regarding  the
objectives  and  the  activities  likely  to  be  financed  (Articles  1  and  2),  the  beneficiaries  of
activities  carried  out  under  this  Regulation  (Article  3)  and  the  instruments  which  can  be
employed and the nature of the aid (Articles 5 and 6). The Council also incorporated in its
common  position  many  of  the  amendments  proposed  by  the  European  Parliament.

However,  given  the  objective  of  the  Regulation,  its  role  in  relation  to  other  development
cooperation  instruments  and  the  horizontal  nature  of  the  gender  perspective,  the  Council
considered  that  its  duration  should  be  limited.

The  Commission  is  called  on  to  submit  to  the  Parliament  and  to  the  Council,  three  years
after  entry  into  force,  an  overall  evaluation  of  the  operations  financed  by  the  Community
under  the  Regulation,  which  may  be  accompanied  by  suggestions  for  the  Regulation’s
future.

As  for  the  decision-making  procedures,  the  Council  has  taken  account  of  the  technical
requirements  of  efficient  management,  bearing  in  mind  the  nature  of  the  operations  and
their  modest  dimensions.

It  was  accordingly  agreed  that  decisions  relating  to:

(1)  Not  yet  published  in  the  Official  Journal.
(2)  OJ  C  371,  8.12.1997,  p.  74.

C  204/24

EN

Official  Journal  of  the  European  Communities

30.6.98

—  non-refundable  aid  of  more  than  ECU  1  million  for  individual  operations  would  be

taken  under  the  II(b)  procedure  of  the  committee  procedure  Decision,

—  the annual general guidelines would be discussed by the committee mentioned in Article

8(1).