Explanatory Memorandum to COM(2005)81 - European Institute for Gender Equality - Main contents
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| dossier | COM(2005)81 - European Institute for Gender Equality. |
|---|---|
| source | COM(2005)81  |
| date | 08-03-2005 |
1. As part of the Social Policy Agenda i, the European Council recognised the need to increase awareness, pool resources and exchange experience, in order to promote equality between men and women, in particular through the establishment of a European Institute for Gender Equality, hereinafter 'the Institute' and asked for the completion of a feasibility study on this issue.
2. The feasibility study i assessed the need for the creation of an Institute, its aims and its organisational and administrative structure. The Council, in its meeting of 2 December 2002 welcomed the Commission's study and urged the Commission to finalise this work rapidly as background for further consideration i.
3. The Employment, Social Affairs, Health and Consumers Affairs Council of 1-2 June 2004 i, based on the results of the Informal Meeting of Equality Ministers of 7 May 2004, fully supported the principle of setting-up an Institute, while it stressed the importance of a structure which would bring added-value and would not duplicate existing activities. The need for budget-neutrality was also mentioned.
4. In June 2004, the European Council i, reflecting the goals regarding equality between men and women of the Lisbon agenda i, and taking into account the previous discussions, expressed its support for the establishment of an Institute and invited the Commission to bring forward a proposal.
5. The European Parliament has also called for the establishment of an Institute i and commissioned a study on the subject i.
6. Based on the ex-ante evaluation i, and in line with the above-mentioned discussions, the Commission submits this proposal for a Council Regulation establishing an Institute. The proposal also takes account of the findings of recent evaluations on the functioning of other Community agencies, in particular those acting in the social policy field i.
7. The year 2005 marks the tenth anniversary of the United Nations Declaration and the Beijing Platform for Action i and this is the appropriate time for the Community to demonstrate its commitment to equality between men and women by creating a European Institute for Gender Equality.
Contents
- 2. JUSTIFICATION OF THE COMMISSION'S PROPOSAL
- 3. SUBSIDIARITY AND PROPORTIONALITY
- 4. LEGAL BASE
- EXPLANATION OF THE ARTICLES
- Article 3
- Article 4
- Article 5
- Article 6
- Article 7
- Article 8
- Articles 9 - 12
- Article 13
- Articles 14 and 15
- Articles 16 - 18
- Article 19
- Articles 20 and 21
- Article 22
- Articles 23 and 24
1. Equality between men and women is a fundamental right and a Community priority policy enshrined in the Treaty and supported by a well established Community acquis consisting of thirteen directives i and extensive case-law (approximately 200 judgements of the European Court of Justice). Gender equality is a specific well defined policy for which specific articles are provided in the Treaty (articles 2, 3 i, 13, 137, 141). In addition to article 13 which empowers the Council to take measures to combat all forms of discrimination including sex discrimination, article 3 i provides for a supplementary obligation: to promote gender equality in all Community policies. This approach has been maintained in the draft Constitutional Treaty.
2. Community legislation and policies on equal treatment between men and women have resulted in substantially reducing discrimination, particularly in the area of employment. The Commission Report on equality between women and men i presented to and endorsed by the European Council in March 2004, confirms a positive trend towards narrowing the gaps between women and men in several policy areas. However it highlights that progress is too slow and that enhanced efforts are necessary. The gender pay gap has shown signs of increasing in a number of Member States in the last two years.
3. Ensuring gender equality requires a multidimensional approach involving a comprehensive mix of policy measures in all areas including notably education, employment and career development, entrepreneurship, equal pay for equal work or work of equal value, better reconciliation between family and working life, including the provision of childcare facilities, and balanced participation of women and men in political and economic decision-making. The recent enlargement of the Union has resulted in a more diverse Union involving different levels of experience and development in the area of gender equality.
4. Furthermore, there are some very important socio-economic aspects linked to the promotion of gender equality: women represent 52% of the European society and their contribution is vital for achieving the Lisbon objectives; they are also a key element for a sustainable development in the context of the ageing population in Europe.
5. Addressing these issues therefore present new challenges and will increase the demands at Community and Member State level for the collection and analysis of comparable and reliable data and information and the development of appropriate methodological tools to assist the Community institutions, in particular the Commission, and the Member States in order to ensure progress and effective implementation of the Community policy in this area. There is also a need for greater awareness raising activities and dissemination of information among the European citizens, as regards not only the achievements but also the obstacles and the challenges ahead.
6. There is therefore a need for an agency to serve as a centre of excellence at European level, independent in the performance of its functions and disposing of the necessary expertise to carry out these tasks and serve as a technical support to the Community Institutions and the Member States
1. The Institute's main activities will be the Community-wide collection and pooling of information, the development of methodological tools and the dissemination of information. It is the corollary of the genuinely European dimension of these tasks that the objectives of the Institute cannot be achieved by the Member States. The Institute will, amongst others, have to establish and apply a uniform system governing the collection and analysis of information that ensures the compatibility and comparability of that data and thus allows a methodologically sound comparative scrutiny of the situation in Europe. This can, by definition, not be successfully done at the level of individual Member States.
2. In the Ex-ante Evaluation, the appropriateness of including the proposed tasks within the remit of any future Fundamental Rights Agency or extending the scope of an existing agency was examined. The advanced state of development and the specificity of gender equality policy, which goes beyond the fight against discrimination and the respect of a fundamental right, are such that justify a separate agency. It was for these reasons that the European Council in June 2004 invited the Commission to submit a proposal for the creation of a specific European Institute for gender equality even though in December 2003 it had requested the Commission to prepare a proposal for a Human Rights Agency by extending the mandate of the European Monitoring Centre on Racism and Xenophobia.
3. It should be underlined that for other specific fundamental rights (e.g. health and safety at the work place, environment) specific agencies have also been established. This demonstrates that there is a need, in some cases, for specific instruments for fundamental rights for which specific policies are developed. At international level also, Human Rights in the United Nations are dealt with within the Commission for Human Rights while gender equality is an issue for the separate Commission on the Status of Women.
4. Extending the functions of an existing agency, such as the European Foundation for the Improvement of Living and Working Conditions, would require substantial additional expertise and financial resources, otherwise gender equality would remain a peripheral matter and would not receive the necessary attention and priority and as a result the impact would be very limited.
5. Any financial savings that might result from the inclusion of gender equality within the scope of the future Fundamental Rights Agency or an existing agency would therefore be outweighed by the disadvantages highlighted above.
6. Assigning these tasks to an agency will also enable the Commission to concentrate its efforts on its core tasks i.e. the development of policies and the monitoring of the Community acquis . The Institute's activities will be distinct from those proposed under the gender equality strand of the PROGRESS programme (2007-2013) i, which are intended to support the Commission in the carrying out of its core tasks.
Article 141 i is the specific basis for measures aimed to insure the application of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation. Article 13 i provides powers to adopt Community measures to support and promote the objective of combating discrimination on grounds of sex outside the realm of employment. Therefore, Article 141 i and Article 13 i combined constitute the appropriate legal base for this proposal.
Articles 1 and 2
These articles set out the principle of the establishment of the Institute and define its objectives which are to serve as a technical support to the European institutions, in particular the Commission, and the Member States in the fight against discrimination based on sex and the promotion of equality between men and women in all areas of Community competence. The Institute will also aim to raise awareness on gender equality among EU citizens.
This article defines the specific tasks which can be grouped in three main categories:
- those intended to provide technical assistance through the collection and analysis of research results and relevant data and through the development of tools for integrating gender equality in all policy areas. The data should be objective, reliable and comparable at European level and for this purpose the Institute shall develop specific criteria. It shall, where appropriate, also carry out surveys and organise experts' meetings to support research work (points a, b, c, d and f );
- those concerned with the organisation of activities in order to foster the exchange of experience and the development of dialogue at European level with and among all relevant stakeholders, such as Community and Member States institutions, social partners, non-governmental organisations, research centres, etc . (point g);
- those which concern the dissemination of information to further inform stakeholders and citizens through a documentation centre, publications, a website, etc . (point h).
The collection and analysis of information should also extend to international organisations and third countries, including the EFTA and candidate countries, in order to allow a more comprehensive understanding of the gender issues raised outside the EU and support the Community in its efforts towards the integration of gender equality in the policy areas of external relations and development co-operation. Providing objective, reliable and comparable data on gender equality across all the Member States is a challenging task as the approaches vary. In order to achieve optimum results, the Institute shall establish permanent co-operation with the relevant academic, research, governmental and non-governmental organisations at national level in each Member State (point a).
To avoid duplication and ensure the best use of resources, the Institute should use as far as possible the results of research already carried out by research institutions and organisations for collecting and analysing data and shall work closely with them. In the absence of relevant information, the Institute can carry out surveys ( point d).
Finally, the Institute must prepare an annual report on its own activities which will serve in particular to evaluate the results of its work compared to the annual programme. This report will be transmitted to the Community Institutions (point e).
This article defines the working methods and areas of activity. The priority areas of activity of the Institute shall be in line with the Community priorities and the Commission work programme on gender equality. This is essential, as the role of the Institute is to support the Community institutions and Member States in the promotion of equality between men and women. The information to be collected and analysed as well as all the other activities shall concern all aspects of gender equality in all Community policy areas.
In order to avoid duplication, the Institute shall take account of all existing work at Member State, EU and international level. It is also required to work closely with the relevant Commission services and to co-operate in a co-ordinated manner with all Community agencies in particular those acting in related policy fields. To ensure this co-operation between the relevant agencies 'memoranda of understanding' will be sighed, where appropriate. Article 10 i also provides that the Directors of the relevant agencies may be invited to attend the meetings of the Board of the Institute. These mechanisms are common practice, successfully developed for example between the European Foundation for the Improvement of Living and Working Conditions and the European Agency for Safety and Health at Work (paragraphs 1 – 3).
Paragraph 4 reflects one of the key issues emphasised in the evaluations of existing Community agencies, i.e. the need to provide information to the final users (Member States’ specialised services, equality bodies, social partners, NGOs, research centres and the public) which is user friendly, exploitable and comprehensible.
Finally, paragraph 5 clarifies that the Institute may enter into contracts for the collection of data, performance of surveys and research.
This article provides that the Institute is independent in the performance of its functions.
In order to fulfil its tasks and to be able to conclude contracts or undertake other acts with legal consequences under its own responsibility, this article provides that the Institute shall have legal personality. The terms of this article are similar to those of Articles 281 EC (ex-210), and 282 EC (ex-211).
However, the Institute has a limited capacity in the area of international law, as provided for in Article 8 i.
The article provides that Regulation (EC) No 1049/2001 of the European Parliament and the Council shall apply to all documents held by the Institute. This regulation defines the principles, conditions and limits on grounds of public or private interest governing the right of access to European Parliament, Council and Commission documents in such a way as to ensure the widest possible access to documents. The Institute will adopt arrangements for the implementation of the Regulation. In the event of the Institute processing personal data, it will apply the regulations for such processing as a Community institution.
Paragraph 1 identifies the types of organisations the Institute shall co-operate with in order to fulfil its tasks.
Paragraph 2 is based on Article 300 EC (ex- 228) and sets out the rules in relation to formal agreements with international organisations or third countries.
These articles establish the rules with regard to the composition and functioning of the structures of the Institute, i.e. the Management Board, the Director and the staff and the Advisory Forum.
The organisational structure should facilitate the involvement of the Institute's diverse stakeholders, independence from external pressures, transparency and accountability to the democratic institutions. It is therefore proposed to establish a Management Board consisting of six members appointed by the Council and six appointed by the Commission from the relevant services. It is further proposed that there will be a total of three representatives of relevant NGOs and the social partners at European level. These representatives, who will not have voting rights, will be appointed by the Commission.
The Institute will be managed by a Director who possesses a high degree of independence and flexibility and who will be responsible for organising the internal functioning of the Institute. The Director will also be responsible for the preparation and implementation of the budget and the work programme of the Institute and for personnel matters. In order to provide the necessary legitimacy, the Director should be appointed by the Management Board on a proposal from the Commission.
As a Community body, the Institute should ensure the best use of the expertise and resources in pursuit of its mission whilst respecting the overarching requirement for independence. It is therefore proposed that the Institute includes an Advisory Forum comprising experts whose task it is to facilitate co-operation and information exchange between the Institute and the competent institutions and bodies in the different Member States.
In order to ensure close co-operation and co-ordination with the other Community agencies, in particular those acting in related policy areas, as an additional mechanism to those provided under Article 4, the Directors of these agencies should be invited to attend the meetings of the Management Board, as observers.
This article sets out that the Rules and Regulations applicable to the officials and other servants of the European Communities will apply to the staff of the Institute, while the implementing rules will be defined by the Management Board in agreement with the Commission.
These articles define the rules for the establishment and implementation of the budget, in accordance with Commission Regulation (EC, Euratom) No 2343/2002 which sets out the framework Financial Regulation for the Community agencies, 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 i.
These are standard provisions for all Community agencies in relation to language and translation arrangements (Article 16), privileges and immunities (Article 17) and liability provisions (Article 18).
This article provides for the participation of relevant third countries in the activities of the Institute.
These articles provide for an external evaluation by the end of the third year following the commencing of the Institute's activities and the necessary follow-up, as well as for the standard review clause.
This is a standard Article on the supervision of the activities of the Institute by the Ombudsman.
The Institute will become operational one year after the entry into force of the Regulation. The Regulation will come into force on the twentieth day following the day of its publication in the Official Journal of the European Communities . In accordance with Article 249 EC, the Regulation is binding and directly applicable. The decision on the seat of the Institute is a constituent element of the Regulation. The competent authorities should decide on a location at the earliest possible opportunity and in any case no later than six months after the entry into force of the Regulation.