Corrigendum to Decision No 848/2004/EC of the European Parliament and of the Council of 29 April 2004 establishing a Community action programme to promote organisations active at European level in the field of equality between men and women (OJ L 157, 30.4.2004)
Date: 2004-06-02
Institutions: Council of the European Union, European Parliament
Subjects: EU programme, action programme, association, financial aid, gender equality

2.6.2004

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Official Journal of the European Union

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Corrigendum to Decision No 848/2004/EC of the European Parliament and of the Council of 29 April 2004
establishing a Community action programme to promote organisations active at European level in the field of
equality between men and women

(Official Journal of the European Union L 157 of 30 April 2004)

Decision No 848/2004/EC should read as follows:

DECISION No 848/2004/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 29 April 2004
establishing a Community action programme to promote organisations active at European level
in the field of equality between men and women

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European Commu-
nity, and in particular, Article 13(2) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

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

Whereas:

(1)

(2)

The principle of equality between men and women is a
fundamental principle of Community law, laid down in
Article 2 and Article 3(2) of the Treaty and clarified by the
case-law of the Court of Justice of the European Commu-
nities. Under 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.

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 Mem-
ber States in order to contribute to the achievement of that
objective, it is to act in accordance with the procedure
referred to in Article 251 of the Treaty.

(1) OJ C 80, 30.3.2004, p. 115.
(2) Opinion of the European Parliament of 20 November 2003 (not yet
published in the Official Journal), Council Common Position of
6 February 2004 (OJ C 95 E, 20.4.2004, p. 1), Position of the Euro-
pean Parliament of 30 March 2004 (not yet published in the Official
Journal) and Council Decision of 20 April 2004.

(3)

(4)

(5)

(6)

(7)

(8)

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.

Experience of action at Community level has shown that
promoting gender equality calls in practice for a combina-
tion of measures and, in particular, of legislation and prac-
tical action designed to reinforce one another.

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 trans-
parent consultation of interested parties.

The Fourth World Conference on Women held in Beijing
adopted on 15 September 1995 a Declaration and a Plat-
form for Action calling on governments, the international
community and civil society to take strategic action to
eliminate both discrimination against women and the bar-
riers to gender equality.

By Decision 2001/51/EC (3), the Council established a
Community action programme relating to the Community
framework strategy on gender equality. These actions
should be supplemented by support measures in the areas
concerned.

Budget headings A-3 03 7 (No ABB 040501) and A-3 0 4 6
(No ABB 040503) of the general budget 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.

(3) OJ L 17, 19.1.2001, p. 22.

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

(10) The activities of certain organisations help to promote gen-
der equality, particularly in the case of Community mea-
sures targeted specifically at women.

(15) This Decision lays down, for the entire duration of the pro-
gramme, a financial framework constituting the prime ref-
erence, within the meaning of point 33 of the Interinstitu-
tional Agreement of 6 May 1999 between the European
Parliament, the Council and the Commission on budget-
ary discipline and improvement of the budgetary proce-
dure (3), for the budgetary authority during the annual
budgetary procedure.

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

(11) The European Women’s Lobby, in particular, which com-
prises most of the women’s organisations in the 15 Mem-
ber 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 equal-
ity between men and women. Its activity serves the gen-
eral European interest.

HAVE DECIDED AS FOLLOWS:

Article 1

Objective of the programme

(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 gen-
eral 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 Com-
munity 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 proce-
dures 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 their
Additional Protocols and in the decisions of the respective
Association Councils, and to Turkey in accordance with
the conditions laid down in the Framework Agreement
between the European Community and the Republic of
Turkey on the general principles for the participation of
the Republic of Turkey in Community programmes (2).

(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.

(1) OJ L 248, 16.9.2002, p. 1.
(2) OJ L 61, 2.3.2002, p. 29.

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

2.
The general objective of the programme is to support the
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 end

3.
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 Com-
munity 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 estab-
2.
lished for more than one year, acting alone or in the form of vari-
ous coordinated associations.

(3) 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).

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Article 3

Participation of third countries

Article 6

Financial provisions

In addition to organisations established in the Member States, par-
ticipation 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) accession 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;

(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;

(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-
pation of the Republic of Turkey in Community programmes.

Article 4

Selection of beneficiaries

Operating grants shall be awarded directly to the beneficia-

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

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

The financial

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

framework for

The annual appropriations shall be authorised by the bud-

2.
getary authority within the limits of the financial perspective.

Article 7

Transitional clauses

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 bud-
getary year starts.

During 2004, in the case of beneficiaries whose budgetary year
starts before 1 March, an exception may be granted to the obli-
gation to sign the grant agreement within the first four months of
the start of the beneficiary’s budgetary year, as referred to in
Article 112(2) of the Financial Regulation. In this case, the grant
agreement should be signed by 30 June 2004 at the latest.

Article 8

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 beneficiaries and shall
assess, in particular, their effectiveness in achieving the objectives
set out in Article 1 and the Annex.

Article 9

Entry into force

Article 5

Awarding of the grant

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

Operating grants awarded in accordance with points 2.1
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 Deci-
sion, a derogation shall be made from the principle of degressiv-
ity for grants awarded under the programme.

It shall apply from 1 January 2004.

Done at Strasbourg, 29 April 2004.

For the European Parliament
The President
P. COX

For the Council
The President
M. McDOWELL

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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 situ-

ation 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.

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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 pro-
gramme of work.

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 interests against fraud and other irregularities, 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).

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