# EUR-Lex - 52005AP0146 - EN

Important legal notice

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# 52005AP0146

**European Parliament legislative resolution on the proposal for a Council regulation amending Regulation (EEC) No 1365/75 on the creation of a European Foundation for the Improvement of Living and Working Conditions (COM(2004)0057 - C6-0040/2004 - 2004/0026(CNS)) **

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Official Journal 045 E , 23/02/2006 P. 0087 - 0092 *

P6_TA(2005)0146

European Foundation for the Improvement of Living and Working Conditions *

European Parliament legislative resolution on the proposal for a Council regulation amending Regulation (EEC) No 1365/75 on the creation of a European Foundation for the Improvement of Living and Working Conditions (COM(2004)0057 — C6-0040/2004 — 2004/0026(CNS))

(Consultation procedure)

The European Parliament,

- having regard to the Commission proposal to the Council (COM(2004)0057) [1],

- having regard to Article 308 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0040/2004),

- having regard to Rule 51 of its Rules of Procedure,

- having regard to the report of the Committee on Employment and Social Affairs (A6-0091/2005),

1. Approves the Commission proposal as amended;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

3. Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

4. Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

5. Instructs its President to forward its position to the Council and Commission.

TEXT PROPOSED BY THE COMMISSION | AMENDMENTS BY PARLIAMENT |

Amendment 1

RECITAL 8A (new)

| (8a) It is necessary to ensure the structured engagement of the Foundation with civil society, and in particular with nongovernmental organisations active in the social field. |

Amendment 2

RECITAL 11

(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. | (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 governing and management structures of the Foundation. |

Amendment 3

RECITAL 13

(13) The Foundation is the only Community Agency that has its own Staff Regulations. In view of the planned entry into force of the Reform of the Staff Regulations of the European Communities in 2004, it is appropriate to remedy this incoherence and to adapt the provisions relating to the staff of the Foundation. Council Regulation (ECSC, EEC, Euratom) No 1860/76 laying down the Conditions of Employment of Staff of the European Foundation for the Improvement of Living and Working Conditions [2] should continue to apply to staff members of the Foundation who were recruited under the rules of that Regulation. | (13) It is appropriate to treat the staff of the Foundation, which is the only Community Agency with its own Staff Regulations, in the same manner as other officials and other servants engaged under contract by the Communities and to entitle them to the same benefits as those enjoyed under the new Staff Regulations of the European Communities, while at the same time respecting acquired rights, especially with respect to careers and pension rights. Ensuring the inclusion of both current and future staff within the scope of the EC Staff Regulations will bring the benefits of harmonisation and efficiency and should be effected in a cost neutral manner. |

Amendment 4

ARTICLE 1, POINT 1A (new)Article 3, paragraph 2a (new) (Regulation (EEC) No 1365/75)

| (1a)In Article 3, the following paragraph 2a is added:2a. In fulfilling its mandate, the Foundation shall foster appropriate contacts with social non-governmental organisations in order to ensure their structured engagement with the work of the Foundation. |

Amendment 5

ARTICLE 1, POINT 2Article 5, introductory phrase (Regulation (EEC) No 1365/75)

The Foundation shall comprise: | The governing and management structure of the Foundation shall comprise: |

Amendment 6

ARTICLE 1, POINT 3Article 6, paragraph 2 (Regulation (EEC) No 1365/75)

2. The members referred to in paragraph 1(a), (b) and (c) shall be appointed by the Council on the basis of one member for each Member State and for each of the above mentioned categories. The Council shall at the same time appoint under the same conditions as for the members an alternate to attend meetings of the Governing Board only in the absence of the member. | 2. The members referred to in paragraph 1(a), (b) and (c) shall be appointed by the Council on the basis of a list of candidates submitted, respectively, by the Member States, and the employers' and employees' organisations of each Member State. The Council shall at the same time appoint under the same conditions as for the members an alternate to attend meetings of the Governing Board only in the absence of the member. |

The Commission shall appoint the members and alternates who are to represent it. | The Commission shall appoint the members and alternates who are to represent it. |

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. | When submitting the lists of candidates, the Member States, the Commission, employers' organisations and employees' organisations shall endeavour to ensure a balanced representation of men and women in the composition of the Governing Board. More generally, a balanced representation of men and women shall be ensured in the bodies referred to in Article 5. |

| Any group making more than one nomination shall ensure gender balance in their nominations. |

The list of members of the Governing Board shall be published by the Council in the Official Journal of the European Union. | The list of members of the Governing Board and the Bureau shall be published by the Council in the Official Journal of the European Union and by the Foundation on its Internet site. |

Amendment 7

ARTICLE 1, POINT 3Article 6, paragraph 4 (Regulation (EEC) No 1365/75)

4. The Governing Board shall elect its chairman and three vice-chairmen, from among the three groups referred to in paragraph 7 and the Commission, to serve for a period of one year, which may be renewed. | 4. The Governing Board shall elect its chair and three vicechairs — one from each of the three groups referred to in paragraph 7 and one from among the Commission representatives - to serve for a period of one year, which may be renewed. |

Amendment 8

ARTICLE 1, POINT 3Article 6, paragraph 6 (Regulation (EEC) No 1365/75)

6. Decisions by the Governing Board shall be taken by an absolute majority of its members. | 6. Decisions by the Governing Board shall be taken by an absolute majority of its members. Members shall have one vote each. |

Amendment 9

ARTICLE 1, POINT 3Article 6, paragraph 8 (Regulation (EEC) No 1365/75)

8. The Governing Board shall establish a Bureau. The Bureau shall be made up of the chairman and the three vice-chairmen of the Governing Board, one co-ordinator per group referred to in paragraph 7 and one more representative of the Commission. | 8. The Governing Board shall establish a Bureau of 11 members. The Bureau shall be made up of the chair and the three vice-chairs of the Governing Board, one co-ordinator per group as referred to in paragraph 7 and one more representative of each group and of the Commission. Each group may designate up to three alternates to attend the meetings of the Bureau, in the absence of the full members. |

Amendment 10

ARTICLE 1, POINT 3Article 6, paragraph 9 (Regulation (EEC) No 1365/75)

9. The annual schedule of meetings of the Bureau shall be decided by the Governing Board. The chairman shall convene additional meetings of the Bureau at the request of its members. | 9. The annual number of meetings of the Bureau shall be decided by the Governing Board. The chair of the Bureau shall convene additional meetings at the request of its members. |

Amendment 11

ARTICLE 1, POINT 3Article 6, paragraph 10a (new) (Regulation (EEC) No 1365/75)

| 10a. The Governing Board shall be fully and timely informed of the activities and decisions of the Bureau. |

Amendment 12

ARTICLE 1, POINT 4, POINT (A)Article 7, paragraph 1 (Regulation (EEC) No 1365/75)

1. The Governing Board shall govern the Foundation whose guidelines it shall lay down. On the basis of a draft submitted by the director, the Governing Board shall, in agreement with the Commission, adopt the programme of work. | 1. The Governing Board shall determine the strategic aims of the Foundation. The Governing Board shall in particular adopt the budget, the four-year rolling programme and the annual programme on the basis of a draft drawn up by the Director referred to in Article 5. |

Amendment 13

ARTICLE 1, POINT 4, POINT (AA) (new)Article 7, paragraph 2 (Regulation (EEC) No 1365/75)

| (aa)Paragraph 2 is replaced by the following:2. The Governing Board, having received an opinion from the Commission, shall adopt its rules of procedure which shall lay down the practical arrangements for its activities. The rules of procedure shall be transmitted for information purposes to the European Parliament and the Council. Within a period of three months of the rules of procedure being transmitted to it and acting by a simple majority, the Council may modify those rules. |

Amendment 14

ARTICLE 1, POINT 4, POINT (B)Article 7, paragraph 4 (Regulation (EEC) No 1365/75)

4. Without prejudice to the responsibilities of the Director set out in Articles 8 and 9, the Bureau shall, as delegated by the Governing Board, take all necessary measures for the management of the Foundation between the Governing Board meetings except those referred to in Articles 12 and 15. | 4. Without prejudice to the responsibilities of the Director set out in Articles 8 and 9, the Bureau shall, as delegated by the Governing Board, monitor the implementation of the decisions of the Governing Board and take all necessary measures for the proper management of the Foundation between the Governing Board meetings. The Governing Board may not delegate to the Bureau the powers referred to in Articles 12 and 15. |

Amendment 15

ARTICLE 1, POINT 5Article 9, paragraph 1 (Regulation (EEC) No 1365/75)

1. The director shall be responsible for the management of the Foundation and shall implement the decisions of the Governing Board and the Bureau. He shall be the legal representative of the Foundation. | 1. The Director shall be responsible for the management of the Foundation as well as for the implementation of the decisions of, and the programmes adopted by, the Governing Board and the Bureau. The Director shall be the legal representative of the Foundation and decide on staff matters in accordance with Article 17. |

Amendment 16

ARTICLE 1, POINT 5Article 10 (Regulation (EEC) No 1365/75)

The Governing Board shall have the possibility to seek the opinion of independent experts on specific issues in relation to the annual work programme, on the proposal of the Director. | On the basis of the proposal of the Director, the Governing Board shall have the possibility to select independent experts and to seek their opinion on specific issues in relation to the four-year rolling programme and the annual work programme. |

Amendments 17 and 21

ARTICLE 1, POINT 7Article 12, paragraph 1, subparagraph 2 (Regulation (EEC) No 1365/75)

(7)In Article 12(1) the second subparagraph is replaced by the following: | (7)In Article 12(1) the first and second subparagraphs are replaced by the following: |

| 1. The Director shall draw up an annual work programme before 1 July each year on the basis of the guidelines referred to in Article 7. The annual work programme shall be part of a four-year rolling programme. The projects in the annual work programme shall be accompanied by an estimate of the necessary expenditure. |

When drawing up the programme, the director shall take account of the opinions of the Community institutions and the European Economic and Social Committee. | When drawing up the programmes, the Director shall take account of the opinions of the Community institutions, the Committee of the Regions, and the European Economic and Social Committee. |

Amendment 18

ARTICLE 1, POINT 7A (new)Article 12, paragraph 2 (Regulation (EEC) No 1365/75)

| (7a)Article 12(2) is replaced by the following:2. The Director shall forward the programmes to the Governing Board for approval. |

Amendment 19

ARTICLE 1, POINT 8Article 17 (Regulation (EEC) No 1365/75)

1. The staff of the Foundation recruited after [date of entry into force of this Regulation] shall be subject to the Staff Regulations applicable to officials of the European Communities or, as the case may be, to the Conditions of Employment of other Servants of the European Communities. The Foundation shall exercise, in respect of the staff, the powers conferred on the appointing authority or the contracting authority as the case may be. | 1. The staff of the Foundation recruited after [date of entry into force of this Regulation] shall be subject to the Staff Regulations applicable to officials of the European Communities or, as the case may be, to the Conditions of Employment of other Servants of the European Communities (CEOS). Section 2 of Annex XIII of the Staff Regulations shall apply. |

| 1a. All staff of the Foundation recruited under Council Regulation (ECSC, EEC, Euratom) No 1860/76 of 29 June 1976 laying down the Conditions of Employment of Staff of the European Foundation for the Improvement of Living and Working Conditions [3] before [date of entry into force of this Regulation] shall be subject to the Staff Regulations applicable to officials of the European Communities. The provisions of Section 1, 3 and 4, with the exception of Article 22 paragraph 2, of Annex XIII of the Staff Regulations, shall be applicable to them from that date. The staff members shall have the right to terminate their current contract also on that date without having to respect the notice period foreseen in Article 45 of Regulation (ECSC, EEC, Euratom) No 1860/76. For the purpose of the allowances upon termination of the contract and for unemployment benefits, such termination of the contract shall be deemed to be the result of an action of the Foundation. |

| 1b. The Foundation shall exercise, in respect of the staff, the powers conferred on the appointing authority or the authority authorised to conclude contracts as the case may be. |

2. The Governing Board shall, in agreement with the Commission, adopt the appropriate implementing rules. | 2. The Governing Board shall, in agreement with the Commission, adopt the appropriate implementing rules. |

Amendment 20

ARTICLE 2

Article 2 Regulation (ECSC, EEC, Euratom) No 1860/76 shall continue to apply to staff members of the European Foundation for the Improvement of Living and Working Conditions who were recruited under the rules of that Regulation. | Deleted |

[1] Not yet published in OJ.

[2] OJ L 214. 6.8.1976, p. 24.

[3] OJ L 214, 6.8.1976, p. 24. Regulation as last amended by Regulation (ECSC, EEC, Euratom) No 680/87 (OJ L 72, 14.3.1987, p. 15).

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