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 on the proposal for a Regulation of the European Parliament and the Council establishing a European Institute for Gender Equality amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2006-12-15
Institutions: European Commission
Subjects: EU office or agency, gender equality, human rights, women's rights

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 15.12.2006 
COM(2006) 860 final 

2005/0017 (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 on the  
proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND THE COUNCIL 

establishing a European Institute for Gender Equality 

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

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2005/0017 (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 on the  
proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND THE COUNCIL 

establishing a European Institute for Gender Equality 

(Text with EEA relevance) 

1. 

INTRODUCTION 

Article 251(2) third subparagraph, point (c) of the EC Treaty requires the Commission to give 
an opinion on the amendments proposed by the European Parliament at second reading. The 
Commission's position on the amendments adopted by Parliament is set out below. 

2. 

BACKGROUND 

The proposal, COM(2005) 81 final - 2005/0017 (COD), was forwarded to the EP and 
the Council on 8.3.2005. 

The European Economic and Social Committee's opinion was adopted on 27.9.2005. 

The European Parliament's position at first reading was adopted on 14.3.2006. 

The amended proposal was forwarded to the EP and the Council on 8.5.2006. 

A  political  agreement  on  the  common  position  was  reached  in  the  Council  on 
1.6.2006. 

The Council's common position was formally adopted on 18.9.2006. 

The  Communication  from  the  Commission  on  the  Council's  common  position  was 
forwarded to the European Parliament on 21.9.2006. 

The European Parliament's opinion at second reading was adopted on 14.12.2006. 

3. 

AIM OF THE PROPOSAL 

The  Institute  is  intended  to  provide  technical  support  for  both  the  Member  States  and  the 
Community  institutions,  especially  the  Commission,  to  ensure  that  Community  policy  on 
equal opportunities for men and women is implemented as effectively as possible.  

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To this end, it will collect and analyse objective, reliable and comparable data at Community 
level,  develop  suitable  methodological  tools  to  integrate  the  gender  perspective  into 
Community  policies,  facilitate  the  exchange  of  good  practice  and  dialogue  between  the 
players concerned and raise this policy's profile in the eyes of European citizens.  

This proposal is in line with the Communication of 2002 on the operating framework for the 
regulatory agencies and the draft Interinstitutional Agreement on these agencies (proposed in 
February 2005 and currently under discussion). 

4. 

THE  COMMISSION'S  OPINION  ON  THE  AMENDMENTS  ADOPTED  BY  THE  EUROPEAN 
PARLIAMENT AT SECOND READING 

The amendments adopted by the European Parliament at second reading at the plenary session 
of 14 December concern:  

-  The  make-up  of  the  Administration  Board:  a  medium-sized  Administration  Board  (18 
representatives of the Member States and one of the Commission), without a Bureau, with the 
members rotating when the Presidency changes; 

- a draft joint declaration on the make-up of the Administration Board which clearly indicates 
that  the  solution  adopted  for  the  Institute  is  not  a  precedent  for  future  agencies  and  which 
specifies how the rotation system for the Council representatives works; 

- the Forum of experts, which is reinstated (27 experts appointed by the Member States, 2 by 
the EP and 3 representatives of NGOs/social partners at European level); 

-  appointment  of  the  Director:  the  appointment  procedure  is  explicitly  mentioned  (same 
provision  as  in  the  EFSA  regulation)  and  the  option  for  the  candidate  to  attend  a  hearing 
before the EP becomes an obligation; 

-  minor  amendments  to  Article  21  (evaluation),  whereby  scrutiny  of  the  management 
structure's  fitness  to  carry  out  the  Institute's  duties  is  introduced  as  one  of  the  aspects  of 
evaluation, and to Article 22 (revision clause). 

These  amendments  stem  from  a  compromise  between  the  Council  Presidency  and  the 
European  Parliament's  rapporteurs  with  the  support  of  the  Commission  with  a  view  to 
adopting the regulation at second reading. 

As far as the Commission is concerned, this represents a balanced compromise. 

The  Administration  Board  will  be  smaller;  the  compromise  incorporates  the  arrangements 
advocated by the Commission at first reading: a smaller Board without a Bureau, a rotation 
mechanism for members and an advisory/expert forum. 

The  rotation  system  and  the  joint  declaration  enable  those  Member  States  that  had 
reservations about a medium-sized Administration Board to accept it, whilst the amendments 
relating to the appointment of the Director, reinstatement of the Forum and the appointment of 
the two experts to the forum by the EP are as requested by the EP.  

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The  Commission  can  accept  the  amendments  adopted  by  the  European  Parliament  at  second 
reading. 

5. 

CONCLUSION 

In  accordance  with  Article  250(2)  of  the  EC  Treaty,  the  Commission  amends  its  proposal  as 
indicated above.  

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