Common Position (EC) No 20/2004 of 6 February 2004 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting 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
Date: 2004-02-06
Institutions: Council of the European Union
Subjects: EU action, action programme, association, gender equality

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I

(Information)

COUNCIL

COMMON POSITION (EC) No 20/2004

adopted by the Council on 6 February 2004

with a view to adopting Decision No . . ./2004/EC of the European Parliament and of the Council
of . . . establishing a Community action programme to promote organisations active at European
level in the field of equality between men and women

(2004/C 95 E/01)

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 (1),

Acting in accordance with the procedure laid down in Article
251 of the Treaty (2),

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

(5) The Commission's White Paper on European 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.

Whereas:

(1) The principle of equality between men and women is a
laid down in
fundamental principle of Community law,
Articles 2 and Articles 3(2) of the Treaty and clarified
by the case-law of the Court of Justice of the European
Communities. According to 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(1) of the Treaty confers on the Council the
power to take appropriate action to combat all discrimi-
nation 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
in accordance with the
procedure referred to in Article 251 of the Treaty.

that objective,

is to act

it

(6) The Fourth World Conference on Women held in Beijing
adopted on 15 September 1995 a declaration and a
platform for action calling on governments,
the inter-
national 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 (3),

Community
Community framework strategy on gender
These
measures in the areas concerned.

the Council established a
the
to
equality.
supplemented by support

programme

should be

relating

actions

action

(8) Budget

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

the general budget of

(3) Article 21 of the Charter of Fundamental Rights of the
European Union prohibits any discrimination on grounds
of sex and Article 23 lays down the principle of equality
between men and women in all areas.

(1) OJ C . . .
(2) Opinion of the European Parliament of 20 November 2003 (not yet
published in the Official
Journal), Council common position of
6 February 2003 and position of the European Parliament of . . .
(not yet published in the Official Journal).

(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 (4), here-
inafter referred to as ‘the Financial Regulation’, requires the
for existing support measures
adoption of a basic act
which is in line with its provisions.

(3) OJ L 17, 19.1.2001, p. 22.
(4) OJ L 248, 16.9.2002, p. 1.

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(10) The activities of certain 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 for activities with aims of
general European interest in the area of gender equality
or with an objective which forms part of the European
Union's policy in this area and in the form of certain
grants for action.

(13) This programme covers a wide geographic area owing to
the fact that the new Treaty of Accession was signed on
16 April 2003 and 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
(EFTA), 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 Romania and Bulgaria, in accordance
with the conditions set out in their Europe Agreements, in
the
their additional Protocols and in the decisions of
and to Turkey
respective Association Councils,
in
laid down in the
accordance with the
conditions
Framework
European
Community and the Republic of Turkey on the general
principles for the participation of the Republic of Turkey
in Community programmes (1).

Agreement

between

the

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

a

financial

framework constituting

(15) This Decision lays down, for the entire duration of the
programme,
the
prime reference, 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 (2),
the budgetary authority during the
annual budgetary procedure,

for

HAVE DECIDED AS FOLLOWS:

Article 1

Objective of the programme

This Decision hereby establishes a Community action
1.
programme (hereinafter referred to as ‘the programme’)
to
promote organisations active at European level in the field of
equality between men and women.

The general objective of the programme is to support the
2.
activities of
such organisations, of which an ongoing
programme of work or a specific action 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.

The programme shall start on 1 January 2004 and shall

3.
end on 31 December 2005.

Article 2

Access to the programme

1.
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 its activities must:

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

(b) be in accordance with the principles underlying, and the
legal provisions governing, Community action in the policy
area of equality between men and women;

(c) have transnational potential.

The organisation in question must have been legally
2.
established for more than one year, acting alone or in the
form of various coordinated associations.

Article 3

Participation of third countries

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 which are established in:

(a) acceding States which signed the Treaty of Accession on

16 April 2003;

(b) the EFTA/EEA countries, in accordance with the conditions

laid down in the EEA Agreement;

(1) OJ L 61, 2.3.2002, p. 29.
(2) OJ C 172, 18.6.1999, p. 1. Agreement as amended by Decision
2003/429/EC of the European Parliament and of the Council (OJ L
147, 14.6.2003, p. 25).

(c) Romania and Bulgaria, on the basis that the conditions for
their participation are to be laid down in accordance with
the European Agreements, their additional Protocols and
the decisions of the respective Association Councils;

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(d) Turkey, on the basis that the conditions for its participation
are to be laid down in accordance with the Framework
Agreement between the European Community and the
Republic of Turkey on the general principles for the partici-
in Community
pation of
programmes.

the Republic of Turkey

Article 4

Selection of beneficiaries

Operating grants shall be awarded directly to the bene-

1.
ficiaries referred to in point 2.1 of the Annex.

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

forming part of

Article 5

Awarding of the grant

1.
Operating grants awarded under points 2.1 and 2.2 of
the Annex to 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 the Financial Regulation,
and by reason of the nature of the organisations covered by
this Decision, a derogation shall be made from the principle of
degressivity for grants awarded under the programme.

Article 6

Financial provisions

1.
The financial framework for the implementation of the
programme for the period from 2004 to 2005 shall be
EUR 2,2 million.

The annual appropriations shall be authorised by the
financial

authority within the

limits of

the

2.
budgetary
perspective.

Article 7

Monitoring and evaluation

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 the programme. That
report shall be based on the results obtained by the bene-
ficiaries and shall assess,
in particular, their effectiveness in
achieving the objectives set out in Article 1 and the Annex.

Article 8

Entry into force

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

It shall apply from 1 January 2004.

Done at . . .

For the European Parliament

For the Council

The President

The President

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1. Activities to be supported

ANNEX

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 organisations active at European
level in the field of equality between women and men, including the European Women's Lobby.

1.1. The activities of organisations working to promote equality between men and women which may help reinforce

and increase the effectiveness of Community action will include the following:

— the representation of interested parties at Community level,

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

seminars,

— the 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 stereotyping and discrimination at work,

— measures fostering cooperation with women's organisations in third countries and raising awareness of the

situation of women worldwide.

1.2. Activities carried out by the European Women's Lobby in representing and coordinating non-governmental
women's organisations, and in relaying information on women to the European institutions and non-governmental
organisations, will include the following:

— following up 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 by encouraging their participation in decision-making,

— reinforcing equality between men and women in the EU enlargement process and developing cooperation with

women's organisations in the acceding Member States.

2. Carrying-out of the activities to be supported

The activities carried out by organisations which are eligible to 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, inter alia, women's organisations

in the Member States of the European Union, subject to observance of the following principles:

— it must be free to select its members,

— it must be free to pursue its activities in accordance with point 1.2.

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 forming part of the European Union's policy in this area.

In accordance with Article 2, 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 the implementation of such an organisation's ongoing
programme of work.

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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 forming part of the European Union's policy in this area.

3.

Selection of beneficiaries

3.1. An operating grant may be awarded directly to the European Women's Lobby under Strand 1 of the programme

upon approval of an appropriate workplan and budget.

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. Organisations 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 is to 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 is to ensure that, where applicable, supporting
documents in the possession of partners or members of the organisations are made available to the Commission.

4.2. The Commission may arrange for an audit of the use made of the grant to be carried out either by its own staff or
by any other qualified outside body of its choice. Such audits may be carried out at any time during the lifetime of
the grant agreement and during 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 are to have an appropriate right of access,
in particular to the beneficiary's offices and to all such information, including information in electronic format, as
may be needed in order to conduct such audits.

4.4. The Court of Auditors and the European Anti-Fraud Office (OLAF) are to enjoy the same rights, especially of

access, as the Commission.

4.5. In order to protect the European Communities' financial

the
Commission may carry out on-the-spot checks and inspections under the programme in accordance with
Council Regulation (Euratom, EC) No 2185/96 (1). 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 (2).

interests against fraud and other irregularities,

(1) OJ L 292, 15.11.1996, p. 2.
(2) OJ L 136, 31.5.1999, p. 1.

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STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

1. On 5 June 2003, the Commission presented to the Council a proposal for the abovementioned

Decision based on Article 13(2) of the Treaty.

2. The European Parliament adopted its opinion in first reading on 20 November 2003.

3. The Commission submitted its amended proposal on 19 January 2004.

4. In accordance with Article 251 of the Treaty,

the Council adopted its common position on

6 February 2004.

II. OBJECTIVE

The objective of this Decision is to provide a basic instrument for awarding an operating grant to
organisations active at European level in the field of equality between men and women for the years
2004 and 2005. The obligation to adopt such a basic act for the financing of the action programme
results from Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial
Regulation applicable to the general budget of the European Communities.

On this basis, the financing of organisations active at European level in the field of gender equality, and
thereby the support for this important aim, can be continued.

III. ANALYSIS OF THE COMMON POSITION

1. General observations

The Council adopted its common position with the aim of safeguarding continuing support for
these organisations in the years 2004 and 2005.

The Council has accepted the main objectives of the Commission's proposal and several of the
European Parliament's amendments.

Concerning the duration of the programme and the overall amount of money to be spent on it, the
common position respects
the
Commission and the Council at the trilogue on 24 November 2003.

reached between the European Parliament,

the agreement

2. Amendments made by the European Parliament

The European Parliament adopted 20 amendments in the first reading.

2.1. Amendments by the European Parliament not taken up by the Commission

In its amended proposal, the Commission did not accept eight of the Parliament's amendments,
namely Amendments 6 to 11, 19 and 20.

The Council did not accept those amendments for the same reasons as were outlined by the
Commission.

2.2. Amendments by the European Parliament accepted by the Commission

The Commission accepted 12 of the European Parliament's amendments in their entirety,
namely Amendments 2 to 5, 12 to 14, 16 to 18, 22 and 27.

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Of these amendments, the Council accepted eight in their entirety (Amendments 2 to 5, 12,
14, 16 and 27),
if not word-for-word then in their spirit, and one amendment partially
(Amendment 22), for the same reasons as outlined by the Commission. The Council rejected
three of the amendments accepted by the Commission (13, 17 and 18) for the following
reasons:

— Amendment 13 was rejected because the Council considered the word ‘reconciliation’ of
working and family life to be stronger and more appropriate than the word ‘interlinking’.
Concerning the second part of the amendment, the Council did not add specific sectors for
gender mainstreaming as this would have raised the question as to why other specific
sectors were not referred to,

— Amendment 17 was rejected for purely technical reasons as the structure of the Annex was

modified and the European Women's Lobby was referred to under Point 1.2,

— The Council rejected Amendment 18 because the definition of ‘non-profit-making’ organi-
sations was difficult and could lead to an unwanted exclusion of certain organisations. In
addition, the reference at the end of the sentence to an objective which is part of the
European Union's policy in this area was maintained as funding is important in order to
boost the European Union's policy aims.

3. Other changes made by the Council to the Commission's proposal

The principle amendment made by the Council to the Commission's proposal concerns the specific
references to the European Women's Lobby, which were deleted in Articles 1, 2, 4 and 5. The
reason for this was that it was preferable that the Decision should define the selection criteria for
organisations eligible for funding in an abstract way.

On the other hand, the Council recognised the important work of the European Women's Lobby
and therefore maintained specific references to this organisation in the Annex, but in a modified
manner which avoided giving the impression of an exclusive treatment.

Certain amendments to the Articles and to the Annex were a consequence of this modified
structure.

Another change made by the Council, and this in the interests of transparency, was to transfer the
reference to the duration of the programme to a new paragraph 3 of Article 1.

The Council also amended point 3.1 of the Annex in order to make the award of an operating grant
directly to the European Women's Lobby conditional upon the approval of an appropriate workplan
and budget.

IV. CONCLUSION

The Council, which has included in the text of the common position all the elements on which an
agreement was reached at the trilogue on 24 November 2003, considers that the common position
meets the fundamental objectives of the Commission's proposal, as well as those that the European
Parliament had in mind when proposing its amendments.