Opinion of the Commission pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the 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 for men and women amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2004-04-29
Institutions: European Commission
Subjects: EU programme, gender equality, position of women

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 29.04.2004 
COM(2004) 352 final 

2003/0109 COD 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the  
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 for men and women 

AMENDING THE PROPOSAL OF THE COMMISSION 
pursuant to Article 250 (2) of the EC Treaty 

EN 

   EN 

 
 
 
  
 
 
2003/0109 COD 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the  
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 for men and women 

1. 

INTRODUCTION 

Article 251(2), third subparagraph, point (c) of the EC Treaty provides that the Commission is 
to  deliver  an  opinion  on  the  amendments  proposed  by  the  European  Parliament  at  second 
reading.  The  Commission  sets  out  its  opinion  below  on  the  two  amendments  proposed  by 
Parliament.  

2. 

BACKGROUND 

The  proposal  was  submitted  to  the  European  Parliament  and  the  Council  (document 
COM(2003) 279 final - 2003/0109 (COD)) on 4 June 2003. 

The European Economic and Social Committee gave its opinion on 10 December 2003. 

The European Parliament gave its opinion at first reading on 20 November 2003. 

The  Commission,  on  the  basis  of  the  EP  amendments  that  it  could  accept,  submitted  a 
Commission  amended  proposal  to  the  Council  on  16  January  2004.  The  amended  proposal 
accepted  12  amendments  (one  partially)  and  rejected  8  amendments.  The  Commission 
accepted all amendments which introduced more clarity. 

The rejected amendments mainly concerned the increase in the co-financing of the European 
Women's Lobby to a maximum of 90% rather than the 80% reflecting the current situation; to 
the extension of the programme to 2008, not in line with the trilogue's joint declaration of 24 
November  2003;  to  the  introduction  of  a  more  cumbersome  evaluation  of  the  programme, 
which would be disproportionate to the amount and duration of it.  

The  Council  common  position  was  adopted  on  6  February  2004.  The  proposal  has  been 
examined  by  the  Social  Affairs  Group  while  the  Budgetary  committee  also  examined  the 
financial aspects.  

The common position accepted the main objectives of the Commission's proposal and several 
of the EP amendments. Concerning the duration of the programme and the overall amount to 

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be  spent,  the  Common  Position  respects  the  agreement  reached  between  the  EP,  the 
Commission and the Council at the Trilogue on 24 November 2003. 

The Commission accepted the proposed common position of the Council (Communication of 
9  February  2004  (COM  (2004)  100  final),  subject  to  inclusion  of  the  transitional  clause 
discussed  at  the  budget  conciliation  meeting  of  24  November  2003.  The  Commission  was 
asked  to  take  all  the  preliminary  steps  in  order  to  be  able  to  execute  the  2004  budget 
immediately  after  the  approval  of  the  basic  acts.  Should  the  approval  occur  only  in  2004, 
transitional clauses covering the period before this approval will have to be added to the basic 
acts, allowing, on an exceptional basis, the signature of the conventions mentioned in Article 
112(2) of the Financial Regulation before 30 June 2004.  

The  Commission  provided  on  25  February  2004,  the  necessary  texts  for  the  transitional 
clauses,  in  line  with  the  conciliation  meeting  of  24  November  2003  which  were  tabled  as 
amendments  by  the  European  Parliament  to  the  common  position  (similar  clauses  were 
inserted  in  the  decisions  concerning  the  other  programmes  of  the  package).  On  30  March 
2004,  the  European  Parliament  adopted  on  its  second  reading  the  two  above-mentioned 
amendments to the common position.  

The present opinion presents the Commission's position on the amendments of the European 
Parliament, in accordance with Article 251, paragraph 2, third alinea, point c) of the Treaty. 

3. 

PURPOSE OF THE PROPOSAL 

The purpose of this proposal for a decision, adopted by the Commission on 27 May 2003, is 
to provide a legal basis for awarding grants to organisations active at European level in the 
field of equality for men and women for the years 2004 and 2005. 

This  decision  has  been  made  necessary  by  the  new  structure  of  the  Commission's  budget 
under the new Financial Regulation with effect from 2004. As a result, the two current budget 
headings,  namely  A-3037  for  the  European  Women's  Lobby  and  A-3046  for  other 
organisations active in the field of equality for men and women, will be converted into budget 
headings by area of activity requiring a basic instrument. 

On the same date of 27 May 2003, the Commission adopted six other proposals for decisions 
to provide a specific basic instrument, from 2004 onwards, for grants currently funded on the 
basis  of  administrative  appropriations  entered  in  Part  A  so  as  to  classify  them  by  area  of 
activity.  A  Communication  from  the  Commission  to  the  Parliament  and  the  Council  of  27 
May 2003, COM(2003) 279 final, explains the general and common approach adopted for all 
the proposals for decisions forming part of this initiative. 

This was the background to the Commission's adopting, on 27 May 2003, its proposal for a 
decision  establishing  a  Community  action  programme  to  promote  organisations  active  at 
European level in the field of equality for men and women. The specific legal basis is Article 
13 (2) EC which requires the codecision procedure.  

The financial framework for the implementation of the programme for the period from 2004 to 
2005 shall be EUR 2,2 million (750.000 EUR for the European Women's Lobby for the period 
2004-2005 and 350.000 EUR per year for the other organisations). 

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4. 

OPINION OF THE COMMISSION ON THE AMENDMENTS PROPOSED BY THE EUROPEAN 
PARLIAMENT 

4.1 Amendments accepted by the Commission 

The  Commission  accepts  the  two  amendments  of  the  European  Parliament.  These 
amendments  are  in  line  with  the  decisions  taken  in  the  budget  conciliation  meeting  of  the 
European Parliament, the Council and the Commission of 24 November 2003. It was decided 
in the above-mentioned meeting, that, in order for the Commission to be able to execute the 
2004 budget immediately after the approval of the basic acts, transitional clauses covering the 
period  before  this  approval,  should  be  added  to  the  basic  acts,  allowing,  on  an  exceptional 
basis,  the  signature  of  the  conventions  mentioned  in  Article 112(2)  of  the  Financial 
Regulation before the 30 June 2004. 

4.1.1: Amendment 1: recital 15 (a) new): 

Reference  to  the  Interinstitutional  Declaration  of  24  November  2003  on  the  basic  acts  for 
grants of the European Parliament, the Council and the Commission provides, for transitional 
clauses concerning the period of eligibility of expenditure to be introduced in this programme 
on an exceptional basis. 

4.1.2: Amendment 2 : article 6a (new): 

Description of the transitional clauses which provide, that for grants awarded in 2004, it will be 
possible for the period of eligibility of expenditure to start on 1 January 2004, provided that the 
expenditure does not precede the date on which the grant application was lodged or the date on 
which the beneficiary’s budget year starts. 

Also that during 2004, in the case of beneficiaries whose budgetary year starts before 1 March, 
an exception may be granted to the obligation to sign the grant agreement within the first four 
months of the start of the beneficiary’s budget year, as referred to in Article 112, paragraph 2 of 
Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the 
general  budget  of  the  European  Communities.  In  this  case,  the  grant  agreement  should  be 
signed by 30 June 2004 at the latest. 

The Commission accepts both amendments for the reasons mentioned under point 4.1. 

5. 

CONCLUSION 

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its proposal as set out 
above. 

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