Council Regulation (EC) No 2836/98 of 22 December 1998 on integrating of gender issues in development cooperation
Date: 1998-12-22
Institutions: Council of the European Union
Subjects: EU aid, developing countries, diplomatic representation, economic cooperation, gender equality, joint action

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 2836/98

of 22 December 1998

on integrating of gender issues in development cooperation

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),

(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 indispens-
able for sustainable and effective development;

(2) Whereas their contribution to development is pres-
ently 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
for
to equal participation in development
right
women, access to basic services, particularly in the
areas of education, training and health, access to
decision-making
economic
resources;

control

over

and

(4) Whereas

development

interventions

have
frequently failed to address adequately the differ-
ences between women’s and men’s situations, roles,
opportunities and priorities, thereby reducing their
overall success;

(5) Whereas

redressing

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

disparities

gender

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

(7) Whereas it is now recognized that though specific
efforts to enhance the role of women in develop-
ment 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,
inter-relationship
between them, known as gender issues;

and

the

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

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

(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;

(1) OJ C 371, 8. 12. 1997, p. 74.
(2) Opinion of the European Parliament of 19 November 1997
(OJ C 371, 8. 12. 1997.), Council Common Position of 30
March 1998 (OJ C 204, 30. 6. 1998, p. 18.) and Decision of
the European Parliament of 17 September 1998 (OJ C 313,
12. 10. 1998.).

(11) Whereas the Community and its Member States
were signatories to the Nairobi Forward-Looking
Strategies in 1985 and to the Declaration and Plat-
form for Action of the Fourth World Conference

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on Women at Beijing in 1995, which stressed the
need for action against worldwide obstacles to
gender equality and to ensure that this perspective
is reflected in all policies and programmes;

(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
means, and the UN Declaration on the Right to
Development (1986) emphasizes the right of all
persons to participate in and contribute to develop-
ment 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 emphasized
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
in
Community development cooperation and to take
adequate measures to ensure active implementation
of the conclusions of the Beijing Conference;

and priorities

roles

(14) Whereas the Resolution of the Council and the
Representatives of the Governments of the Member
States of 20 December 1995 endorses the Commis-
sion’s communication on the same subject, requires
the full integration of gender issues in development
the
cooperation
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;

coordination

between

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 recognized 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
and precisely
targeted sensitization initiatives
capable of achieving a substantial multiplier effect,
rather than the funding of small-scale operational

whereas

development
projects;
cooperation aid should also be used to a greater
extent for specific action in favour of women;

Community

(18) Whereas the importance of Community activities
in the field of development cooperation neces-
sitates measures 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 a financial reference amount, within the
meaning of point 2 of the Declaration by the Euro-
pean Parliament, the Council and the Commission
of 6 March 1995 on the incorporation of financial
provisions into 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;

(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 coopera-
tion 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,
intergovern-
including those existing at
mental and/or national level, with a view to taking fully
into account gender considerations in Community pol-
icies and interventions.

3.
For the purposes of this Regulation ‘gender issues'
means the different and interrelated roles, responsibilities
and opportunities of women and men relative to develop-
ment, which are
socially
constructed, and can change over time, inter alia, as a
result of policy interventions.

culturally

specific

and

Article 2

The following are the central objectives of activities

1.
to be carried out pursuant to this Regulation:

(a)

to support the mainstreaming of gender analysis in all
areas of development cooperation, taking particular
account of the legal and actual status of women and
men, their needs and their contribution to society and

(1) OJ C 102, 4. 4. 1996, p. 4.

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the family; to support the adoption of a gender-sens-
itive approach in the conception, design and imple-
mentation 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 appro-
priately large scale, particularly with regard to access
and participation in the
to resources,
decision-making processes in political, economic and
social life, in the mainstream of Community develop-
ment interventions;

services

(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 main-
streaming the gender dimension in the development
effort.

2. Activities eligible for financing include, in particular:

— provision of technical advice and support on the in-
tegration of gender issues in development interven-
tions;

— 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, 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,
procedures, indicators and other operational instru-
ments seeking to improve the integration of gender
issues in development activities;

— thematic monitoring and evaluations;

— training and sensitization of key decision-makers in
the Commission and the developing countries;

— 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
Member States on integrating gender issues in devel-
opment cooperation.

Particular attention will be given to incorporating
into emerging areas of development

issues

3.
gender
cooperation.

Article 3

Beneficiaries of activities carried out under this Regula-
tion may include public authorities and government
regional bodies,
agencies, decentralized departments,
universities and research centres,
traditional and local
communities,
trade unions, non-governmental organ-
izations, public utility associations and associations rep-
resenting local people, particularly women, as well as
cooperatives and agricultural and craft-based credit insti-
tutions.

Priority will be given to endogenous structures that can
play a role in developing local capacities with respect to
gender.

Article 4

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

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

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

2.
The budgetary authority shall determine the appro-
priations 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.

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.

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Their contribution shall be according to 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 organizations concerned.

5.
The necessary measures shall be taken to emphasize
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 coordina-
tion 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 informa-
tion between the representatives of the Commission
and Member States in the beneficiary countries.

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

8.
In order to obtain the greatest possible impact inter-
nationally 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.

Article 6

The Commission shall be authorized to approve,
3.
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
the overrun or additional
operations, provided that
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 Commis-
sion and the Court of Auditors to conduct on-the-spot
checks in accordance with the usual procedures laid down
by the Commission under the rules in force, in particular
the Financial Regulation applicable to the
those of
general budget of the European Communities.

5. Where operations are the subject of financing agree-
ments 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.

Participation in invitations to tender and the award
6.
of contracts shall be open on equal terms to all natural
and legal persons of the Member States and of the re-
cipient State. It may be extended to other developing
countries and, in exceptional cases which are fully justi-
fied, to other third countries.

7.
Supplies shall originate in the Member States, the
recipient State or other developing countries. In excep-
tional cases, where circumstances warrant, 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 address
the objective of mainstreaming the gender dimension
on a large scale in Community interventions.

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

Article 8

Article 7

1.
The Commission shall be responsible for appraising,
deciding on and administering operations covered by this
Regulation according to the budgetary and other proced-
ures 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 1
million for individual operations financed pursuant to
this Regulation shall be adopted under the procedure laid
down in Article 8.

The Commission shall be assisted by the geograph-
for develop-

1.
ically determined Committee competent
ment.

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 deliv-
ered 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.

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The Commission shall adopt measures which apply
immediately. However,
in
accordance with the opinion of the Committee, they shall
be communicated by the Commission to the Council
forthwith. In that event:

these measures are not

if

— The Commission shall defer application of the meas-
ures 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).

The Commission shall regularly assess operations
2.
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.

Each month,

the Commission shall

3.
inform the
Member States of the operations and projects approved,
stating their cost and nature, the recipient country and
partners.

The financing guide indicating guidelines

and
4.
criteria for project
selection shall be published and
distributed among interested parties by the Commission’s
services, including its delegations in the recipient coun-
tries.

Article 10

Article 11

1. After 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
their
outcome, together with:

cooperation and of

— 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 imple-
mentation of this Regulation over that period.

This Regulation shall enter into force on the third
1.
day following that of its publication 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 opera-
tions financed 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.

Done at Brussels, 22 December 1998.

For the Council

The President

C. EINEM