Regulation (EC) No 1922/2006 of the European Parliament and of the Council of 20 December 2006 on establishing a European Institute for Gender Equality
Date: 2006-12-20
Institutions: Council of the European Union, European Parliament
Subjects: EU office or agency, equal treatment, gender equality, sexual discrimination

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REGULATION (EC) No 1922/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 20 December 2006

on establishing a European Institute for Gender Equality

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),

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 and the
exchange of experience, in particular through the estab-
lishment 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 prin-
ciple 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
its
promote equality between men and women in all
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 competence.

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.

(8)

(9)

(10)

first

annual

report on equality
The Commission's
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 has

(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 (OJ C 295 E, 5.12.2006, p. 57) and Position of the
European Parliament of 14 December 2006 (not yet published in the
Official Journal). Council Decision of 19 December 2006.

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
with which the existing institutions do not currently deal,
specifically in the areas of coordination, centralisation
research data and information,
and dissemination of
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.

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 establishment
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 appro-
priate tools for the elimination of all forms of discrimina-
tion 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 implement 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 Insti-

tute (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.

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 those aims should also be included among the
Institute's tasks.

(16) With a view to ensuring the necessary balance among
the Member States and the continuity of the members of
the
the
the Management Board,
Council will be appointed for each term of office in
accordance with the order of rotation of the Presidencies
of the Council, commencing in 2007.

representatives of

(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
regional,
all
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.

levels within the Community — local,

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 organisa-
tions, research centres, social partners, and other related
bodies actively seeking to achieve equality at national and
European level and in third countries. In the interest of
efficiency, it is appropriate for the Institute to set up and

(1) Council Regulation (EEC) No 1365/75 of 26 May 1975 on the creation
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 establishing
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 European Moni-
toring Centre on Racism and Xenophobia.

(17)

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.

(18)

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

(19)

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).

(20)

(21)

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 Finan-
cial Regulation applicable to the general budget of the
European Communities (7), applies to the Institute.

to the

the Institute, which is
liability of
For the contractual
contracts
law applicable
governed by the
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.

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

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(22) 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.

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

(23)

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 technical
assistance to the Community institutions and the authori-
ties 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 propor-
tionality, as set out in that Article, this Regulation does
not go beyond what is necessary to achieve those objec-
tives.

(24) 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:

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 communi-
cated to it by Member States, Community institutions,
research centres, national equality bodies, non-governmental
organisations, social partners, relevant third countries 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 poli-
cies and to support gender mainstreaming in all Community
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

(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, opti-
mise the use of available resources and foster the exchange
and dissemination of information;

(f) 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;

The overall objectives of the Institute shall be to contribute to
including
and strengthen the promotion of gender equality,
gender mainstreaming in all Community policies and the

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

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(h) 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;

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

(i) 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 European
level;

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

(k) make information on gender mainstreaming available to

public and private organisations; and

(l) 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 5

Legal personality and capacity

The Institute shall have legal personality. It shall enjoy, in each
of the Member States, 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 4

Areas of activity and working methods

Article 7

Access to documents

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

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

1.
held by the Institute.

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

3.
Decisions taken by the Institute pursuant to Article 8 of
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.

In pursuing its activities, the Institute shall,

in order to
3.
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.

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
equality bodies, research centres, universities, non-governmental
organisations, social partners as well as with relevant organisa-
tions at European or international level and third countries.

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Should agreements with international organisations or
2.
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 orga-
nisations or third countries.

The Management Board shall elect its Chairperson and

4.
Vice-Chairperson to serve for a period of three years.

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

Article 9

The Management Board shall take the decisions necessary

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

Composition of the Institute

The Institute shall comprise:

(a) a Management Board;

(b) an Experts' Forum;

(c) a Director and his or her staff.

Article 10

Management Board

1.

The Management Board shall consist of:

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

(b) adopt

report

the annual

referred to in Article 3(2),
comparing, in particular, the results achieved with the objec-
tives of the annual work programme; this report shall be
forwarded by 15 June at the latest to the European Parlia-
ment, the Council, the Commission, 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;

(a) eighteen representatives appointed by the Council, on the
basis of a proposal from each Member State concerned;

(c) exercise disciplinary authority over the Director and appoint

or dismiss him or her pursuant to Article 12; and

(b) one member representing the Commission, appointed by

the Commission;

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

The members of

the Management Board shall be
2.
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.

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.

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

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

8.
Decisions by the Management Board shall be taken by a
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 members and alternates of

the Management
The list of
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.

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.

3.
The term of office shall be three years. For each term of
office, the members appointed by the Council shall represent
eighteen Members States in the order of the rotating Presiden-
cies, one member being nominated by each Member State
concerned.

10.
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.

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The Institute shall

forward annually to the European
11.
Parliament and the Council
referred to as the
‘budgetary authority’) any information relevant to the outcome
of the evaluation procedures.

(hereinafter

The Directors of

the European Foundation for

12.
the
Improvement of Living and Working Conditions, the European
Agency for Safety and Health at Work, the Centre for the Devel-
the European Union
opment of Vocational Training and of
Agency for Fundamental Rights may as appropriate be invited
to attend meetings of the Management Board as observers in
order to coordinate the respective working programmes as
regards gender mainstreaming.

Article 11

Experts' Forum

1.
The Experts' Forum shall be composed of members from
competent bodies specialised in gender equality issues, on the
basis of one representative designated by each Member State,
two members representing other relevant organisations specia-
lised in gender equality issues designated by the European Parlia-
ment, as well as three members designated by the Commission
and representing interested parties at European level, with one
representative each from:

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

(b) employers' organisations at Community level; and

(c) workers' organisations at Community level.

The Member States and the Commission shall aim to achieve a
balanced representation between men and women in the
Experts' Forum.

Members may be replaced by alternates, appointed at the same
time.

The Experts' Forum shall be chaired by the Director or, in
5.
his/her absence, by a deputy from within the Institute. It shall
meet regularly at the invitation of the Director, or at the request
of at least a third of its members, and at least once per year. Its
operational procedures
shall be specified in the Institute's
internal rules and shall be made public.

Representatives of

6.
participate in the work of the Experts' Forum.

the Commission's departments shall

7.
The Institute shall provide the technical and logistic
support necessary for the Experts' Forum and provide a secre-
tariat for its meetings.

8.
The Director may invite experts or representatives of rele-
vant economic sectors, employers, trade unions, professional or
research bodies, or non-governmental organisations with recog-
nised experience in disciplines related to the work of the Insti-
tute to cooperate in specific tasks and to take part in the rele-
vant activities of the Experts' Forum.

Article 12

Director

1.
The Institute shall be headed by a Director appointed by
the Management Board on the basis of a list of candidates
proposed by the Commission after an open competition,
following publication in the Official Journal of the European Union
and elsewhere of a call for expressions of interest. Before being
appointed, the candidate selected by the Management Board
shall be asked to make a declaration before the competent
committee(s) of the European Parliament and answer questions
from its/their members.

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

2. Members of the Experts' Forum shall not be members of
the Management Board.

they were achieved,

The Experts' Forum shall support the Director in ensuring

3.
the excellence and independence of activities of the Institute.

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

The Director shall be responsible, under the supervision of

3.
the Management Board, for:

4.
The Experts' Forum shall constitute a mechanism for an
exchange of information in relation to gender equality issues
and the pooling of knowledge. It shall ensure close cooperation
between the Institute and competent bodies in the Member
States.

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

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

medium-term programmes of activities;

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

Experts' Forum;

the calendar year, and shall be shown in the budget of the Insti-
tute.

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

Article 3(2);

(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
standards. The Director shall report annually to the Manage-
ment Board on the results of the monitoring system.

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

The revenue and expenditure shown in the budget of the

2.
Institute shall be in balance.

The revenue of the Institute shall, without prejudice to

3.
other resources, comprise:

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

budget of the European Union (Commission section);

(b) payments received for services rendered;

(c) any financial contributions from the organisations or third

countries referred to in Article 8; and

5.

The Director shall be the Institute's legal representative.

(d) any voluntary contribution from the Member States.

Article 13

Staff

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

for

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

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

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 Commis-
sion by 31 March at the latest.

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

7.
On the basis of the estimate, the Commission shall enter
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,
which it shall place before the budgetary authority in accord-
ance with Article 272 of the Treaty.

Article 14

Drawing up of the budget

8.
The budgetary authority shall authorise the appropriations
for the subsidy to the Institute and shall adopt the establishment
plan for the Institute.

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

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

Euratom) No 723/2004 (OJ L 124, 27.4.2004, p. 1).

The budget of

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

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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 prop-
erty 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.

Article 15

Implementation of the budget

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.

The Director shall submit to the European Parliament, at
9.
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 Regulation (EC,
Euratom) No 1605/2002.

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 consulted. They may not depart
from Regulation
(EC, Euratom) No 2343/2002 unless specifically required for the
Institute's operation and with the Commission's prior consent.

1.

The Director shall implement the budget of the Institute.

Article 16

Languages

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
financial year. The Commission's accounting officer shall conso-
lidate the provisional accounts of the institutions and decentra-
lised
of
accordance with
Regulation (EC, Euratom) No 1605/2002.

Article

bodies

128

in

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.

The translation services required for the functioning of the
2.
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).

By 31 March at the latest following each financial year, the
3.
Commission's accounting officer shall
forward the Institute'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.

Article 17

Privileges and immunities

On receipt of the Court of Auditors' observations on the
4.
Institute's provisional accounts, pursuant to Article 129 of the
Regulation (EC, Euratom) No 1605/2002, 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.

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

Article 18

Liability

The Management Board shall deliver an opinion on the

5.
Institute's final accounts.

The contractual liability of the Institute shall be governed

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

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

7.

The final accounts shall be published.

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

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

(EC) 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
920/2005.

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Official Journal of the European Union

L 403/17

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

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 Com-
munity by virtue of which they have adopted and apply Com-
munity legislation in the field covered by this Regulation.

2.
Arrangements shall be made under the relevant provisions
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 participation in
the initiatives undertaken by the Institute, financial contribu-
tions and staff. As regards staff matters, those agreements shall,
at all events, be in accordance with the Staff Regulations of offi-
cials of
the European Communities and the Conditions of
employment of other servants of the European Communities.

Article 20

Evaluation

1.
By 18 January 2010, the Institute shall commission an
independent external evaluation of its achievements on the basis
of terms of reference issued by the Management Board in agree-
ment 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 par-
ticular, address the possible need to modify or extend the tasks
of the Institute, including the financial implications of any such
modification or extension of the tasks. Such evaluation shall
also examine the appropriateness of the management structure
in carrying out the Institute's tasks. The evaluation shall take
into account the views of the stakeholders, at both Community
and national level.

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 concerning
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 19 January 2008.

Article 24

Entry into force

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

Journal of

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

Done at Brussels, 20 December 2006.

For the European Parliament

The President

J. BORRELL FONTELLES

For the Council

The President

J. KORKEAOJA