Regulation 2005/1111 - Amendment of Regulation (EEC) No 1365/75 on the creation of a European Foundation for the Improvement of Living and Working Conditions - Main contents
15.7.2005 |
EN |
Official Journal of the European Union |
L 184/1 |
COUNCIL REGULATION (EC) No 1111/2005
of 24 June 2005
amending Regulation (EEC) No 1365/75 on the creation of a European Foundation for the Improvement of Living and Working Conditions
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Whereas:
(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 (2) includes provisions concerning the organisation of the Foundation, and in particular of its Administrative Board. These provisions have been amended several times following each accession of new Member States, when new members had to be added to the Administrative Board. |
(2) |
The external evaluation of the European Foundation for the Improvement of Living and Working Conditions (hereinafter the Foundation) carried out in 2001 underlines the need to adapt the provisions of Regulation (EEC) No 1365/75 in order to maintain the efficiency and effectiveness of the Foundation and its management structures, including a revision of the provisions concerning the Committee of Experts. |
(3) |
The European Parliament has called upon the Commission to reconsider the composition and working methods of agencies’ boards and to put forward appropriate proposals. |
(4) |
A joint opinion concerning the future governance and functioning of the Boards of the Foundation, the European Agency for Safety and Health at Work and the European Centre for the Development of Vocational Training has been submitted to the Commission by their respective management or Administrative Boards. |
(5) |
The tripartite governance of the Foundation, the European Agency for Safety and Health at Work and the European Centre for the Development of Vocational Training by representatives of national governments, employers’ organisations and employees’ organisations is fundamental to the success of those bodies. |
(6) |
The participation of the social partners in the governance of those three Community bodies creates a specificity which requires them to function according to common rules. |
(7) |
The existence within the tripartite Board of the three groups drawn from government, employers and employees and the designation of a coordinator for the groups of employers and employees have proved to be essential. That arrangement should therefore be formalised and also extended to the government group. |
(8) |
The maintenance of the tripartite representation from each Member State ensures that all major stakeholders are involved and that account is taken of the diversity of interests and approaches which characterise social issues. |
(9) |
It is necessary to anticipate the practical consequences for the Foundation of the forthcoming enlargement of the Union. The composition and functioning of its Board should be adjusted to take account of the accession of new Member States. |
(10) |
The Bureau provided for in the Rules of Procedure of the Board needs to be strengthened in order to ensure continuity in the functioning of the Foundation and efficiency in its decision-making; the composition of the Bureau should continue to reflect the tripartite structure of the Board. |
(11) |
According to Article 3 of the Treaty, the Community shall aim to eliminate inequalities and promote equality between men and women in all its activities. Therefore, it is appropriate to make provision for encouraging a balanced representation of men and women in the composition of the Board. |
(12) |
The Board should be able to ensure a formal contribution of independent experts for a limited duration in accordance with specific needs in relation to the implementation of the work programme. |
(13) |
It is appropriate to treat the staff of the European Foundation for the Improvement of Living and Working Conditions, which has been the only Community Agency with its own Staff Regulations, in the same manner as other servants engaged under contract by the Communities and to entitle them to the same benefits of the reformed Staff Regulations by respecting acquired rights, especially with respect to careers and pension rights. |
(14) |
Regulation (EEC) No 1365/75 should therefore be amended accordingly. |
(15) |
The Treaty provides for no powers other than those under Article 308 thereof, for the adoption of this Regulation, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 1365/75 is amended as follows:
1. |
in Article 3, paragraph 2 is replaced by the following: ‘2. The Foundation shall cooperate as closely as possible with specialised institutions, foundations and bodies in the Member States and at international level. In particular, the Foundation shall ensure appropriate cooperation with the European Agency for Safety and Health at Work, without prejudice to its own aims.’; |
2. |
Article 5 is replaced by the following: ‘Article 5 The governing and management structure of the Foundation shall comprise:
|
3. |
Article 6 is replaced by the following: ‘Article 6
The Commission shall appoint the members and alternates who are to represent it, taking into account a balanced representation of men and women. When submitting the lists of candidates, the Member States, employers’ organisations and employees’ organisations shall endeavour to ensure a balanced representation of men and women in the composition of the Governing Board. The list of members of the Governing Board shall be published by the Council in the Official Journal of the European Union and by the Foundation on its Internet site.
Upon the expiry of their term of office or in the event of their resignation, members shall remain in office until their appointments are renewed or until they are replaced.
|
4. |
Article 7 is amended as follows:
|
5. |
Articles 9 and 10 are replaced by the following: ‘Article 9
Article 10 On the basis of a proposal by the Director, the Governing Board may select independent experts and seek their opinions on specific issues in relation to the four-year rolling programme and the annual work programme.’; |
6. |
Article 11 is deleted; |
7. |
Article 12 is amended as follows:
|
8. |
Article 17 is replaced by the following: ‘Article 17
Staff members shall have the right to terminate the contract at the same date without having to respect the notice period provided for in Article 45 of Regulation (ECSC, EEC, Euratom) No 1860/76. For the purposes of allowances on termination of a contract and for unemployment benefits, such termination of contract shall be deemed to be the result of an action of the Foundation.
|
9. |
Each time the term ‘Administrative Board’ or ‘Management Board’ appears in the articles, it is replaced by ‘Governing Board’. |
Article 2
This Regulation shall enter into force on the 20th day following 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 Luxembourg, 24 June 2005.
For the Council
The President
-
L.LUX
-
Opinion of 28 April 2005 (not yet published in the Official Journal).
-
OJ L 139, 30.5.1975, p. 1. Regulation as last amended by Regulation (EC) No 1649/2003 (OJ L 245, 29.9.2003, p. 25).
-
OJ L 56, 4.3.1968, p. 1. Regulation as last amended by Regulation (EC, Euratom) No 31/2005 (OJ L 8, 12.1.2005, p. 1).
-
Council Regulation (ECSC, EEC, Euratom) No 1860/76 of 29 June 1976, laying down the conditions of Staff of the European Foundation for the Improvement of Living and Working Conditions (OJ L 214, 6.8.1976, p. 24). Regulation as last amended by Regulation (Euratom, ECSC, EEC) No 680/87 (OJ L 72, 14.3.1987, p. 15).’;
This summary has been adopted from EUR-Lex.