Common Position (EC) No 25/2006 of 18 September 2006 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 Regulation of the European Parliament and of the Council establishing a European Institute for Gender Equality
Date: 2006-09-18
Institutions: Council of the European Union
Subjects: European organisation, competence of the institution, gender equality, operation of the Institutions, sexual discrimination

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COMMON POSITION (EC) No 25/2006

adopted by the Council on 18 September 2006

with a view to the adoption of Regulation (EC) No …/2006 of the European Parliament and of the
Council of … establishing a European Institute for Gender Equality

(2006/C 295 E/03)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-
PEAN UNION,

Having regard to the Treaty establishing the European Com-
munity, and in particular Articles 13(2) and 141(3) thereof,

Having regard to the proposal from the Commission,

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

has to be tackled by a comprehensive mix of policy
measures and that enhanced efforts are needed to meet
the Lisbon strategy targets.

(6)

The Nice European Council of 7-9 December 2000
called for ‘Increased awareness, the pooling of resources
in particular through
and the exchange of experience,
the establishment of a European Institute for gender
issues’.

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

(7)

Whereas:

(1)

(2)

(3)

(4)

(5)

Equality between men and women is a fundamental
principle of the European Union. Articles 21 and 23 of
the Charter of Fundamental Rights of
the European
Union set out a prohibition on any discrimination on
grounds of sex and provide that equality between men
and women must be ensured in all areas.

Article 2 of the Treaty provides that equality between
men and women is one of the Community's essential
tasks. Similarly, Article 3(2) of the Treaty requires the
Community to aim to eliminate inequalities and to
promote equality between men and women in all
its
activities and thus ensure the integration of the dimen-
sion of equality between men and women in all Com-
munity policies.

Article 13 of the Treaty empowers the Council to take
appropriate action to combat discrimination inter alia
on grounds of sex in all areas of Community compe-
tence.

The principle of equal opportunities and equal treatment
of men and women in matters of employment and occu-
pation is enshrined in Article 141 of the Treaty and a
comprehensive body of legislation on equal treatment of
men and women in relation to access to employment
and working conditions including equal pay is already in
place.

The Commission's
report on equality
first annual
between men and women to the Spring European
Council in 2004 concluded that significant gender gaps
exist in most policy fields, that inequality between men
and women is a multi-dimensional phenomenon that

(1) OJ C 24, 31.1.2006, p. 29.
(2) Opinion of the European Parliament of 14 March 2006 (not yet
published in the Official
Journal), Council Common Position of
18 September 2006 and Position of the European Parliament of …
(not yet published in the Official Journal).

The feasibility study (3) carried out for the Commission
concluded that there is a clear role for a European Insti-
tute for Gender Equality to carry out some of the tasks
which the existing institutions do not currently deal
with, specifically in the areas of coordination, centralisa-
tion and dissemination of research data and information,
network building,
the raising of visibility of equality
between men and women, highlighting the gender
perspective and the development of tools for improved
integration of gender equality in all Community policies.

(8)

(9)

(10)

The European Parliament in its Resolution of 10 March
2004 on the European Union's policies on gender
equality (4) called on the Commission to speed up the
efforts leading to the setting-up of an Institute.

The Council of Employment, Social Affairs, Health and
Consumers Affairs of 1-2 June 2004 and the European
Council of 17-18 June 2004 supported the establish-
ment of a European Institute for Gender Equality. The
European Council asked the Commission to bring
forward a specific proposal.

The collection, analysis and dissemination of objective,
reliable and comparable
information and data on
equality between men and women, the development of
appropriate tools for the elimination of all forms of
discrimination on grounds of sex and the integration of
the gender dimension in all policy areas, the promotion
of dialogue among stakeholders and the raising of
awareness among EU citizens are necessary so as to
enable the Community to effectively promote and imple-
ment gender equality policy, in particular in an enlarged
Union. It is therefore appropriate to establish a European
Institute for Gender Equality which would assist
the
Community institutions and the Member States by
carrying out those tasks.

(3) European Commission Feasibility Study for a European Gender

Institute (conducted by PLS Ramboll Management, DK, 2002).

(4) OJ C 102 E, 28.4.2004, p. 638.

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(11) Gender equality cannot be achieved by an anti-discrimi-
nation policy alone but requires measures to promote
harmonious co-existence and balanced participation by
men and women within society; the Institute should
contribute to the attainment of that objective.

the interest of efficiency, it is appropriate for the Insti-
tute to set up and coordinate an electronic European
Network on Gender Equality with such entities and
experts in the Member States.

(12) Given the importance of eliminating gender stereotypes
in European society in all walks of life and of providing
positive examples for women and men to follow, action
to achieve that should also be included among the Insti-
tute's tasks.

(13)

(14)

Cooperation with the relevant authorities of the Member
States and relevant statistical bodies, in particular Euro-
stat, is essential to promote the collection of comparable
and reliable data at European level. Given that informa-
tion on equality between men and women is relevant to
all
levels within the Community — local, regional,
national and Community — it would be useful for such
information to be available to Member States' authorities
in order to help them formulate policies and measures at
local, regional and national
in their spheres of
competence.

level

The Institute should work as closely as possible with all
Community programmes and bodies in order to avoid
duplication and ensure the best possible use of resources,
in particular as regards the European Foundation for the
Improvement of Living and Working Conditions (1), the
European Agency for Safety and Health at Work (2), the
Centre for the Development of Vocational Training (3)
and the European Union Agency for Fundamental
Rights (4).

(15)

The Institute should develop cooperation and dialogue
with non-governmental and equal opportunities organi-
social partners, and other
sations,
related bodies actively seeking to achieve equality at
national and European level and in third countries. In

research centres,

(1) Council Regulation (EEC) No 1365/75 of 26 May 1975 on the crea-
tion of a European Foundation for the Improvement of Living and
Working Conditions (OJ L 139, 30.5.1975, p. 1). Regulation as last
amended by Regulation (EC) No 1111/2005 (OJ L 184, 15.7.2005,
p. 1).

(2) Council Regulation (EC) No 2062/94 of 18 July 1994 establishing a
European Agency for Safety and Health at Work (OJ L 216,
20.8.1994, p. 1). Regulation as last amended by Regulation (EC)
No 1112/2005 (OJ L 184, 15.7.2005, p. 5).

(3) Council Regulation (EEC) No 337/75 of 10 February 1975 estab-
lishing a European Centre for the Development of Vocational
Training (OJ L 39, 13.2.1975, p. 1). Regulation as last amended by
Regulation (EC) No 2051/2004 (OJ L 355, 1.12.2004, p. 1).

(4) Member States meeting in the framework of the European Council
in December 2003 requested the Commission to prepare a proposal
for a human rights agency by extending the mandate of the Euro-
pean Monitoring Centre on Racism and Xenophobia.

(16)

In accordance with Article 3(2) of the Treaty it is appro-
priate to promote a balanced participation of men and
women in the composition of the Management Board.

(17)

The Institute should enjoy maximum independence in
the performance of its tasks.

(18)

(19)

(20)

The Institute should apply the relevant Community legis-
lation concerning public access to documents as set out
in Regulation (EC) No 1049/2001 (5) and the protection
of individuals with regard to the processing of personal
data as set out in Regulation (EC) No 45/2001 (6).

Commission Regulation (EC, Euratom) No 2343/2002 of
19 November 2002 on the framework Financial Regu-
lation for the bodies referred to in Article 185 of
Council Regulation (EC, Euratom) No 1605/2002 on the
Financial Regulation applicable to the general budget of
the European Communities (7), applies to the Institute.

to the

liability of the Institute, which is
For the contractual
governed by the
contracts
law applicable
concluded by the Institute, the Court of Justice should
have jurisdiction to give judgment, pursuant to any arbi-
tration clause, contained in the contract. The Court of
Justice should also have jurisdiction in disputes relating
to compensation for any damage arising from the non-
contractual liability of the Institute.

(21) An independent external evaluation should be under-
taken to assess the impact of the Institute, the possible
need to modify or extend its tasks and the timing of
further such reviews.

(5) Regulation (EC) No 1049/2001 of the European Parliament and of
the Council of 30 May 2001 regarding public access to European
(OJ L 145,
Parliament, Council and Commission documents
31.5.2001, p. 43).

(6) Regulation (EC) No 45/2001 of the European Parliament and of the
Council of 18 December 2000 on the protection of individuals with
regard to the processing of personal data by the Community institu-
tions and bodies and of the free movement of such data (OJ L 8,
12.1.2001, p. 1).

(7) OJ L 357, 31.12.2002, p. 72. Regulation as last amended by
Commission Regulation (EC, Euratom) No 1248/2006 (OJ L 227,
19.8.2006, p. 3).

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(22)

Since the objectives of this Regulation, namely to contri-
bute to and strengthen the promotion of gender equality,
including gender mainstreaming in all Community poli-
cies and the resulting national policies, and the fight
against discrimination based on sex, and to raise EU citi-
zens' awareness of gender equality by providing tech-
nical assistance to the Community institutions and the
authorities of the Member States, cannot be sufficiently
achieved by the Member States and can therefore, by
reason of the scale of the action, be better achieved at
Community level, the Community may adopt measures,
in accordance with the principle of subsidiarity as set
out in Article 5 of the Treaty. In accordance with the
principle of proportionality, as set out in that Article,
this Regulation does not go beyond what is necessary to
achieve those objectives.

(23) Article 13(2) of the Treaty permits the adoption of Com-
munity measures in order to support and promote the
objective of combating discrimination on grounds of sex
beyond the field of employment. Article 141(3) of the
Treaty is the specific legal basis for measures aimed to
ensure the application of the principle of equal opportu-
nities and equal
treatment of men and women in
matters of employment and occupation. Therefore,
Article 13(2) and Article 141(3) combined constitute the
appropriate legal basis for adoption of this Regulation,

HAVE ADOPTED THIS REGULATION:

institutions, in particular the Commission, and the authorities
of the Member States, as set out in Article 3.

Article 3

Tasks

1.

To meet the objectives set in Article 2, the Institute shall:

(a) collect, analyse and disseminate relevant objective, compar-
able and reliable information as regards gender equality,
including results from research and best practice commu-
nicated to it by Member States, Community institutions,
research centres, national equality bodies, non-govern-
mental organisations, social partners, relevant third coun-
tries and international organisations, and suggest areas for
further research;

(b) develop methods to improve the objectivity, comparability
and reliability of data at European level by establishing
criteria that will improve the consistency of information
and take into account gender issues when collecting data;

(c) develop, analyse, evaluate and disseminate methodological
tools in order to support the integration of gender equality
into all Community policies and the resulting national
policies and to support gender mainstreaming in all Com-
munity institutions and bodies;

Article 1

(d) carry out surveys on the situation in Europe as regards

gender equality;

Establishment of the Institute

A European Institute for Gender Equality (hereinafter referred
to as ‘the Institute’) is hereby established.

Article 2

Objectives

The overall objectives of the Institute shall be to contribute to
and strengthen the promotion of gender equality,
including
gender mainstreaming in all Community policies and the
resulting national policies, and the fight against discrimination
based on sex, and to raise EU citizens' awareness of gender
equality by providing technical assistance to the Community

(e) set up and coordinate a European Network on Gender
Equality, involving the centres, bodies, organisations and
experts dealing with gender equality and gender main-
streaming in order to support and encourage research,
optimise the use of available resources and foster the
exchange and dissemination of information;

(f) organise an annual meeting of experts from the competent
bodies specialised in gender equality issues in the Member
States;

(g) organise ad hoc meetings of experts to support the institu-
te's research work, encourage the exchange of information
among researchers and promote the inclusion of a gender
perspective in their research;

(h) in order to raise EU citizens' awareness of gender equality,
organise, with
conferences,
campaigns and meetings at European level, and present the
findings and conclusions to the Commission;

stakeholders,

relevant

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(i) disseminate information regarding positive examples of
non-stereotypical roles for women and men in every walk
of life, present its findings and initiatives designed to publi-
cise and build on such success stories;

(j) develop dialogue and cooperation with non-governmental
and equal opportunities organisations, universities and
experts, research centres, social partners and related bodies
actively seeking to achieve equality at national and Euro-
pean level;

(k) set up documentation resources accessible to the public;

(l) make information on gender mainstreaming available to

public and private organisations;

(m) provide information to the Community Institutions on
gender equality and gender mainstreaming in the accession
and candidate countries.

The Institute shall publish an annual report on its activ-

2.
ities.

Article 4

Areas of activity and working methods

1.
The Institute shall carry out its tasks within the compe-
tences of the Community and in the light of the objectives
adopted and priority areas identified in its annual programme,
and with due regard to the available budgetary resources.

2.
The work programme of the Institute shall be in line with
the Community priorities in the field of gender equality and
the work programme of the Commission, including its statis-
tical and research work.

3.
In pursuing its activities, the Institute shall, in order to
avoid duplication and to ensure the best possible use of
resources, take account of existing information from whatever
source and in particular of activities already carried out by the
Community institutions and by other institutions, bodies and
competent national and international organisations and work
closely with the competent Commission services,
including
Eurostat. The Institute shall ensure appropriate coordination
with all relevant Community agencies and Union bodies to be
determined in a memorandum of understanding where appro-
priate.

The Institute shall ensure that the information dissemi-

4.
nated is comprehensible to the final users.

5.
The Institute may enter into contractual relations, in par-
ticular subcontracting arrangements, with other organisations,
in order to accomplish any tasks which it may entrust to them.

Article 5

Legal personality and capacity

the Member States,

The Institute shall have legal personality. It shall enjoy, in each
of
the most extensive legal capacity
accorded to legal persons under their laws. In particular, it may
acquire or dispose of movable or immovable property and may
be a party to legal proceedings.

Article 6

Independence of the Institute

The Institute shall carry out its activities independently in the
public interest.

Article 7

Access to documents

Regulation (EC) No 1049/2001 shall apply to documents

1.
held by the Institute.

The Management Board shall adopt arrangements for
2.
implementing Regulation (EC) No 1049/2001 within six
months of the establishment of the Institute.

Decisions taken by the Institute pursuant to Article 8 of
3.
Regulation (EC) No 1049/2001 may give rise to the lodging of
a complaint to the Ombudsman or form the subject of an
action before the Court of Justice, under the conditions laid
down in Articles 195 and 230 of the Treaty respectively.

Regulation (EC) No 45/2001 shall apply to the processing

4.
of data by the Institute.

Article 8

Cooperation with organisations at national and European
level, international organisations and third countries.

1.
To help it carry out its tasks, the Institute shall cooperate
with organisations and experts in the Member States, such as
research centres, universities, non-govern-
equality bodies,
mental organisations, social partners as well as with relevant
organisations at European or international level and third coun-
tries.

2.
Should agreements with international organisations or
with third countries prove necessary for the Institute to carry
out its tasks efficiently, the Community shall,
in accordance
with the procedure provided for in Article 300 of the Treaty,
enter into such agreements with the international organisations
or with third countries in the interests of the Institute. This
provision shall not preclude ad-hoc cooperation with such
organisations or third countries.

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Article 9

Composition of the Institute

5.
Each member of the Management Board referred to under
paragraph 1(a) or (b), or in his or her absence his or her alter-
nate, shall have one vote.

The Institute shall comprise:

(a) a Management Board;

(b) a Bureau;

(c) a Director and his or her staff.

Article 10

Management Board

1.

The Management Board shall consist of:

(a) one member representing the Government of each Member
State appointed by the Council on the basis of a proposal
from the Member States;

(b) three members representing the Commission, appointed by

the Commission;

(c) three members, without the right to vote, appointed by the
Council, on the basis of a proposal from the Commission,
each of whom represents one of the following groups:

(i) an appropriate non-governmental organisation at
Community level which has a legitimate interest in
contributing to the fight against discrimination on
grounds of sex and the promotion of gender equality;

(ii) employers' organisations at Community level; and

(iii) workers' organisations at Community level.

The members of

2.
the Management Board shall be
appointed in such a way as to secure the highest standards of
competence and a broad range of relevant and transdisciplinary
expertise in the area of gender equality.

The Management Board shall take the decisions necessary

6.
for the operation of the Institute. In particular, it shall:

the

annual work programme

(a) adopt, on the basis of a draft drawn up by the Director, as
referred to in Article 12, after consultation with the
Commission,
and the
medium-term work programme, covering a three-year
in accordance with the budget and the available
period,
the programmes may be reviewed whenever
resources;
necessary;
the first annual work programme shall be
adopted not later than nine months after the appointment
of the Director;

(b) adopt

the annual

report
in particular,

referred to in Article 3(2),
comparing,
the results achieved with the
objectives of the annual work programme; this report shall
be forwarded by 15 June at the latest to the European
Parliament,
the Court of
Auditors, the European Economic and Social Committee
and the Committee of the Regions and shall be published
on the website of the Institute;

the Commission,

the Council,

(c) exercise disciplinary authority over

the Director and

appoint or dismiss him or her pursuant to Article 12;

(d) adopt the Institute's annual draft and final budgets.

7.
The Management Board shall adopt the Institute's internal
rules on the basis of a proposal drawn up by the Director after
consultation with the Commission.

Decisions by the Management Board shall be taken by a
8.
majority of
its members. The Chairperson shall have the
casting vote. In the cases referred to in paragraph 6 and in
Article 12(1), decisions shall be taken by a two-thirds majority
of its members.

The Commission and the Council shall aim to achieve a
balanced representation between men and women on the
Management Board.

9.
The Management Board shall adopt its rules of procedure
on the basis of a proposal drawn up by the Director after
consultation with the Commission.

Alternates who represent the member in his or her absence
shall be appointed by the same procedure.

The list of the members and alternates of the Management
Board shall be published by the Council in the Official Journal of
the European Union, on the website of the Institute and on other
relevant websites.

The term of office shall be five years and may be renewed

3.
once.

The Management Board shall establish a Bureau of six

10.
members, as set out in Article 11.

11.
The Chairperson shall convene the Management Board
at least once a year. The Chairperson shall convene additional
meetings on his or her own initiative or at the request of one-
third of the members of the Management Board.

4.
The Management Board shall elect its Chairperson and
Vice-Chairperson to serve for a period of two and a half years,
which may be renewed.

The Institute shall forward annually to the European
12.
Parliament and the Council
(hereinafter referred to as the
‘budgetary authority’) any information relevant to the outcome
of the evaluation procedures.

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The Directors of

the European Foundation for

13.
the
Improvement of Living and Working Conditions, the European
Agency for Safety and Health at Work, the Centre for the
the European
Development of Vocational Training and of
Union Agency for Fundamental Rights may as appropriate be
invited to attend meetings of the Management Board as obser-
vers in order to coordinate the respective working programmes
as regards gender mainstreaming.

Article 11

Bureau

1.
The Bureau shall be made up of the Chairperson and the
Vice-Chairperson of the Management Board, three members
from the Management Board representing the Member States
and a representative of the Commission.

of office may be extended once for a period of not more
than 5 years. In the evaluation, the Commission shall assess in
particular:

(a) the results achieved in the first term of office and the way

they were achieved,

(b) the Institute's duties and requirements in the coming years.

The Director shall be responsible, under the supervision

3.
of the Management Board, for:

(a) performance of the tasks referred to in Article 3;

(b) preparing and implementing the Institute's annual and

medium-term programmes of activities;

(c) preparing the meetings of the Management Board and the

Bureau;

(d) preparing and publishing the annual report referred to in

The term of office shall be two and half years and may be
renewed.

Article 3(2);

The members of the Bureau shall be appointed by the Manage-
ment Board with a view to ensuring the necessary range of
relevant expertise for the operation of the Bureau.

2. Without prejudice to the responsibilities of the Director,
as set out in Article 12, the Bureau shall monitor the imple-
mentation of the decisions of the Management Board and shall
the proper
take all necessary administrative measures for
governing of the Institute between the meetings of the Manage-
ment Board.

Decisions by the Bureau shall be taken by consensus. If
3.
no consensus can be reached, the Bureau shall refer the matter
to the Management Board for decision.

(e) all staff-related matters, and in particular exercising the

powers provided for in Article 13(3);

(f) matters of day-to-day administration; and

(g) the implementation of effective monitoring and evaluation
procedures relating to the performance of
the Institute
against its objectives according to professionally-recognised
report annually to the
standards. The Director
shall
the monitoring
Management Board on the results of
system.

4.
The Director shall be accountable for the management of
his or her activities to the Management Board and shall take
part in its meetings without voting rights. He or she may also
be invited by the European Parliament
to report during a
hearing on significant issues linked to the Institute's activities.

The Bureau shall keep the Management Board fully and

4.
regularly informed of its activities and any decisions taken.

5.

The Director shall be the Institute's legal representative.

Article 12

Director

Article 13

Staff

1.
The Institute shall be headed by a Director appointed by
the Management Board on a proposal from the Commission.
Before being appointed, the candidate selected by the Manage-
ment Board may be asked to make a declaration before the
competent committee(s) of
the European Parliament and
answer questions from its/their members.

The Staff Regulations of officials of

1.
the European
Communities and the Conditions of Employment of other
servants of the European Communities laid down by Council
Regulation (EEC, ECSC, Euratom) No 259/68 (1) and the rules
adopted jointly by the European Community institutions for
the purpose of applying these Staff Regulations and Conditions
of Employment shall apply to the staff of the Institute.

2.
The Director's term of office shall be 5 years. On a
proposal from the Commission and after evaluation, this term

(1) OJ L 56, 4.3.1968, p. 1. Regulation as last amended by Regulation

(EC, Euratom) No 2104/2005 (OJ L 337, 22.11.2005, p. 7).

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the necessary implementing measures,

The Management Board, in agreement with the Commis-
2.
sion, shall adopt
in
accordance with the arrangements provided for in Article 110
of the Staff Regulations. The Management Board may adopt
provisions to allow national experts from Member States to be
employed on secondment at the Institute.

The Institute shall exercise in respect of

3.
powers devolved to the appointing authority.

its staff

the

Article 14

Drawing up of the budget

1.
Estimates of all the revenue and expenditure of the Insti-
tute shall be prepared for each financial year, corresponding to
the calendar year, and shall be shown in the budget of the Insti-
tute.

The revenue and expenditure shown in the budget of the

2.
Institute shall be in balance.

which it shall place before the budgetary authority in accord-
ance with Article 272 of the Treaty.

8.
The budgetary authority shall authorise the appropria-
tions for the subsidy to the Institute and shall adopt the estab-
lishment plan for the Institute.

The budget of

9.
the Institute shall be adopted by the
Management Board. It shall become final following final adop-
tion of the general budget of the European Union. Where
appropriate, it shall be adjusted accordingly.

The Management Board shall, as soon as possible, notify
10.
the budgetary authority of
its intention to implement any
project which may have significant financial implications for
the funding of its budget, in particular any projects relating to
property such as the rental or purchase of buildings. It shall
inform the Commission thereof.

Where a branch of the budgetary authority has notified its
intention to deliver an opinion, it shall forward its opinion to
the Management Board within a period of six weeks from the
date of notification of the project.

The revenue of the Institute shall, without prejudice to

3.
other resources, comprise:

Article 15

(a) a subsidy from the Community, entered in the general

budget of the European Union (Commission section);

Implementation of the budget

(b) payments received for services rendered;

1.

The Director shall implement the budget of the Institute.

(c) any financial contributions from the organisations or third

countries referred to in Article 8;

(d) any voluntary contribution from the Member States.

The expenditure of the Institute shall include staff remu-
4.
neration, administrative and infrastructure costs and operating
expenses.

By 1 March at the latest following each financial year, the
2.
Institute's accounting officer shall communicate the provisional
accounts to the Commission's accounting officer together with
a report on the budgetary and financial management for that
shall
financial year. The Commission's accounting officer
consolidate the provisional accounts of the institutions and
decentralised bodies in accordance with Article 128 of Council
Regulation (EC, Euratom) No 1605/2002 (1)
(hereinafter
referred to as ‘the Financial Regulation’).

5.
Each year the Management Board, on the basis of a draft
drawn up by the Director, shall produce an estimate of revenue
and expenditure for the Institute for the following financial
year. This estimate, which shall include a draft establishment
plan, shall be forwarded by the Management Board to the
Commission by 31 March at the latest.

3.
By 31 March at the latest following each financial year,
the Commission's accounting officer shall forward the Institu-
te's provisional accounts to the Court of Auditors, together
with the report mentioned in paragraph 2. The report shall
also be forwarded to the European Parliament and the Council.

The estimate shall be forwarded by the Commission to
6.
the budgetary authority together with the preliminary draft
general budget of the European Union.

On the basis of the estimate, the Commission shall enter
7.
in the preliminary draft general budget of the European Union
the estimates it deems necessary for the establishment plan and
the amount of the subsidy to be charged to the general budget,

On receipt of the Court of Auditors' observations on the
4.
Institute's provisional accounts, pursuant to Article 129 of the
Financial Regulation, the Director shall draw up the Institute's
final accounts under his or her own responsibility and forward
them to the Management Board for an opinion.

(1) Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002
on the Financial Regulation applicable to the general budget of the
European Communities (OJ L 248, 16.9.2002, p. 1).

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The Management Board shall deliver an opinion on the

5.
Institute's final accounts.

By 1 July at the latest following each financial year, the
6.
Director shall
forward the final accounts to the European
Parliament, the Council, the Commission and the Court of
Auditors, together with the Management Board's opinion.

7.

The final accounts shall be published.

The Director shall send the Court of Auditors a reply to
8.
its observations by 30 September at the latest. He or she shall
also send that reply to the Management Board.

9.
The Director shall submit to the European Parliament, at
the latter's request, any information required for the smooth
application of the discharge procedure for the financial year in
question, as laid down in Article 146(3) of the Financial Regu-
lation.

10.
By 30 April of year N + 2, the European Parliament, on
a recommendation from the Council acting by a qualified
majority, shall give a discharge to the Director in respect of the
implementation of the budget for year N.

11.
The financial rules applicable to the Institute shall be
adopted by the Management Board after the Commission has
been
from
Regulation (EC, Euratom) No 2343/2002 unless specifically
required for the Institute's operation and with the Commission's
prior consent.

consulted.

depart

They

may

not

Article 16

Languages

1.
The provisions laid down in Regulation No 1 of 15 April
1958 determining the languages to be used in the European
Economic Community (1) shall apply to the Institute.

2.
The translation services required for the functioning of
the Institute shall, in principle, be provided by the Translation
Centre for the Bodies of the European Union set up by Council
Regulation (EC) No 2965/94 (2).

Article 18

Liability

The contractual liability of the Institute shall be governed

1.
by the law applicable to the contract in question.

The Court of Justice shall have jurisdiction pursuant to an arbi-
tration clause contained in any contracts concluded by the
Institute.

2.
In the case of non-contractual liability, the Institute shall,
in accordance with the general principles common to the laws
of the Member States, make good any damage caused by the
Institute or its servants in the performance of their duties.

The Court of Justice shall have jurisdiction in disputes relating
to compensation for any such damage.

Article 19

Participation of third countries

1.
The Institute shall be open to the participation of coun-
tries which have concluded agreements with the European
Community by virtue of which they have adopted and apply
Community legislation in the field covered by this Regulation.

Arrangements shall be made under the relevant provi-
2.
sions of those agreements, specifying in particular the nature,
extent and manner in which those countries are to participate
in the Institute's work, including provisions relating to partici-
pation in the initiatives undertaken by the Institute, financial
contributions and staff. As regards staff matters, those agree-
ments shall, at all events, be in accordance with the Staff Regu-
lations of officials of
the European Communities and the
Conditions of employment of other servants of the European
Communities.

Article 20

Evaluation

Article 17

Privileges and immunities

The Protocol on the Privileges and Immunities of the European
Communities shall apply to the Institute.

(1) OJ L 17, 6.10.1958, p. 385. Regulation as last amended by Council

Regulation No 920/2005 (OJ L 156, 18.6.2005, p. 3).

(2) Council Regulation (EC) No 2965/94 of 28 November 1994 setting
up a Translation Centre for bodies of the European Union (OJ L
314, 7.12.1994, p. 1). Regulation as last amended by Regulation
(EC) No 1645/2003 (OJ L 245, 29.9.2003, p. 13).

By … (*), the Institute shall commission an independent
1.
external evaluation of its achievements on the basis of terms of
reference issued by the Management Board in agreement with
the Commission. The evaluation shall assess the impact of the
Institute on the promotion of gender equality and shall include
an analysis of the synergy effects. It shall in particular address
the possible need to modify or extend the tasks of the Institute,
including the financial implications of any such modification or
extension. The evaluation shall take into account the views of
the stakeholders, at both Community and national level.

(*) The end of the third year following the entry into force of this

Regulation.

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2.
The Management Board, in agreement with the Commis-
sion, shall decide the timing of future evaluations, taking into
account the results of the evaluation report mentioned in para-
graph 1.

Article 21

Review clause

The Management Board shall examine the conclusions of the
evaluation mentioned in Article 20 and issue to the Commis-
sion such recommendations as may be necessary regarding
changes in the Institute, its working practices and remit. The
Commission shall forward the evaluation report and the recom-
mendations to the European Parliament, the Council, the Euro-
pean Economic and Social Committee and the Committee of
the Regions and make them public. After examination of the
evaluation report and the recommendations, the Commission
may submit any proposals which it deems necessary for
amendments to this Regulation.

Article 22

Administrative control

The operations of the Institute shall be subject to the supervi-
sion of the Ombudsman in accordance with the provisions of
Article 195 of the Treaty.

Article 23

Start of the Institute's activities

The Institute shall be operational as soon as possible and in
any event not later than … (*).

Article 24

Entry into force

into force on the 20th day
This Regulation shall enter
following that of its publication in the Official Journal of the
European Union.

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

Done at …, on …

For the European Parliament

The President

…

For the Council

The President

…

(*) Twelve months after the entry into force of this Regulation.

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STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

On 8 March 2005, the Commission submitted to the Council, on the basis of Articles 13(2) and
141(3) of the Treaty, a proposal for a Regulation of the European Parliament and of the Council Direc-
tive establishing a European Institute for Gender Equality.

The European Parliament delivered its Opinion in 1st reading on 14 March 2006.

The Economic and Social Committee delivered its Opinion 27 September 2005.

The Commission adopted an amended proposal on 8 May 2006.

The Council adopted a Common Position on 18 September 2006 in accordance with the procedure
laid down in Article 251 of the Treaty.

II. OBJECTIVE

The Regulation will establish a European Institute for Gender Equality, which should serve as a centre
of excellence at EU level, providing technical support to the Community Institutions and the Member
States, in particular in terms of the collection and analysis of comparable data and statistics, as well as
the development of methodological tools to assist in the process of gender mainstreaming. The overall
objectives of the Institute will be to contribute to and reinforce the promotion of gender equality,
assist the Community institutions in the fight against discrimination based on sex, and to raise EU citi-
zens' awareness of gender equality issues.

III. ANALYSIS OF THE COMMON POSITION

1. General Observations

The Council's common position has been established in accordance with the objectives of Articles
13(2) and 141(3) of the Treaty relating, respectively, to combating discrimination and the applica-
tion of the principle of equal opportunities and equal treatment of men and women in matters of
employment and occupation, including the principle of equal pay for equal work or work of
equal value.

In adopting the common position, the Council has, with the exception of questions relating to the
composition of the Management Board and the Advisory Forum, largely followed the line taken
by the Commission in its amended proposal.

2.

The European Parliament's amendments

In its first reading on 14 March 2006, the European Parliament adopted 52 amendments.

2.1. European Parliament amendments accepted by the Council

In its common position, the Council took into account 35 amendments. Out of these, the
Council:

— accepted 17 amendments in full (Nos. 2, 6, 9, 59 & 74, 13, 18, 64 & 80, 65 & 81, 29, 35,

36, 38, 41, 42, 45, 53 and 55).

— accepted 4 amendments as reformulated by the Commission (Nos. 7, 8, 10 and 40).

— accepted the spirit of another 14 amendments (Nos. 3, 4, 5, 17, 60 & 76, 61 rev. & 77, 62 &

78, 20, 25, 63 & 79, 24, 28 and 48).

2.2. European Parliament's amendments not accepted by the Council

The Council did not accept 11 amendments for the reasons explained by the Commission in its
amended proposal (Nos. 1, 23, 30, 31, 32, 33, 34, 46, 47, 52 and 54).

The Council also could not accept a further 6 amendments, with the question of the composition
of the Management Board being the main area of difference between the Institutions.

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— Dialogue at international level (amendment 26, Article 3(1))

The Council does not consider this amendment to be necessary as Article 8 specifically deals
with ‘cooperation with organisations at national and European level and international organi-
sations and third countries’ and sets out a procedure for such cooperation. Article 4, which
outlines the areas of activity and working methods of the Institute, also refers to the need to
‘take account of existing information from whatever source and in particular of activities
already carried out by the Community institutions and by other institutions, bodies, compe-
tent national and international organisations …’. Moreover, the Council considers that legal
clarity could be compromised by adding this aspect to the already long list of tasks under
Article 3.

— Composition of the Management Board (Amendments 66 & 82, Article 10(1))

In reaching a general approach in June 2005, the Council did not accept the Commission's
original proposal for a restricted Management Board, preferring a fully representative Board of
25 members, accompanied by a small Bureau composed of six members (Article 11). In this
scenario, the Commission would have three representatives on the Board and there would be
three non-voting members representing an appropriate non-governmental organisation at
Community level and the social partners.

Having received the opinion of the European Parliament in March 2006, the Council exam-
ined the merits of amendments 66 and 82, calling for a small Management Board comprised
of nine members appointed by the Council and a representative of the Commission. Whilst
this was considered to be an improvement on the Commission's original proposal, it was
nonetheless unacceptable to the Council for a number of reasons:

— given the nature of the issue, the Council considered it important for each Member State
to be represented on the Board and felt that this would also facilitate pooling of national
expertise and experience in the area of gender equality, which is particularly important in
the context of an enlarging Union.

— it was important for the Institute to function efficiently and thus a simple procedure for
the appointment of Board members would be preferable. Moreover, it was considered that
a small Bureau would be effective in ensuring the smooth running of the Board.

— as gender equality policy cut across a wide range of areas, the Council took the view that
the Commission should have more than one representative on the Board in order to be
able to make a solid contribution to the running of the Institute. The Council felt that a
Commission representative should also participate in the executive Bureau.

— the Council agreed with the Commission that there should be three non-voting members
representing the social partners and an appropriate non-governmental organisation at
Community level.

It should also be noted that the Council's position in relation to the composition of the
Management Board reflects the general horizontal position taken in the past on other Com-
munity agencies or bodies. Whilst several delegations were willing to reconsider their position
in the case of the Institute due to its relatively small size and modest budget, it was acknowl-
edged that it was impossible to say at this stage whether a smaller Board accompanied by a
large Advisory Forum would in fact be more efficient than a representative Board assisted by a
small Bureau. Moreover, the setting up of a small Bureau, which could meet more frequently
than the Management Board, was an important consideration in ensuring the cost-effective-
ness of the Institute.

— Representation between men and women: 40 % quota (amendment 39, Article 10(2))

The Council supports the concept of a balanced representation between men and women on
the Management Board as set out in the common position. However, it does not wish unne-
cessarily to hamper the operation of the Institute by having an obligatory quota, which might
be difficult to fulfil in practice given that there are generally more women involved in gender
equality policy than men at the current time. Whilst achieving a gender balance is important,
and there are moves to involve more men in this area, the Council considers that the experi-
ence and competence of the Board members in the field of gender equality are also important
considerations to be taken into account.

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— Advisory Forum (amendments 67 & 83, 68 & 84 and 51, Article 12 of the Commission's original

proposal)

In the Council's preferred scenario of a large Management Board, assisted by a small Bureau, it
was considered that the Advisory Forum, as envisaged by the Commission and the Parliament,
was no longer necessary. Moreover, in order to ensure that the Institute would benefit from
the valuable expertise available at a national level, Article 3 of the common position sets up a
European Network on Gender Equality, as requested by the Parliament, and also provides for
an ‘annual meeting of experts from the competent bodies specialised in gender equality issues
in the Member States’.

3. Other changes made by the Council

A number of other small technical changes, of a legal or linguistic nature, were agreed in the
context of the Legal/Linguistic procedure between the European Parliament and the Council.

IV. CONCLUSION

The Council considers that, despite the differing opinions on the composition of the Management
Board, the common position is in line with the fundamental objectives of the Commission's amended
proposal.