1990R1360 — EN — 01.10.2003 — 004.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILREGULATION(EEC)No1360/90
of7May1990
establishingaEuropeanTrainingFoundation
(OJ L 131, 23.5.1990, p. 1)
Amended by:
Official Journal
No page date
►M1Council Regulation (EC) No 2063/94 of 27 July 1994 L 216 9 20.8.1994
►M2Council Regulation (EC) No 1572/98 of 17 July 1998 L 206 1 23.7.1998
►M3Council Regulation (EC) No 2666/2000 of 5 December 2000 L 306 1 7.12.2000
►M4Council Regulation (EC) No 1648/2003 of 18 June 2003 L 245 22 29.9.2003
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COUNCILREGULATION(EEC)No1360/90
of7May1990
establishingaEuropeanTrainingFoundation
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Article 235 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social
Committee (3),
Whereas the European Council meeting at Strasbourg on 8 and 9
December 1989 called upon the Council to adopt, at the beginning of1990, the necessary decisions for the establishment of a EuropeanTraining Foundation for Central and Eastern Europe, acting on aproposal from the Commission;
Whereas on 18 December 1989 the Council adopted Regulation (EEC)
No 3906/89 (
4) on economic aid to the Republic of Hungary and the
PolishPeople's Republic wh ichprovides for aid in areas includingtraining to support the process of economic and social reform inHungary and Poland;
Whereas the Council may subsequently extend such aid to other coun-
tries of Central and Eastern Europe under a relevant legal act;
Whereas the process of economic and social reform will contribute to
the development of mutually beneficial economic and commercial rela-tionships between the countries of Central and Eastern Europe and the
Community; whereas these intensified relationships will also contribute
to a harmonious development of economic activities within theCommunity;
Whereas the European Training Foundation could make an important
contribution to the effective provision of training assistance to thecountries of Central and Eastern Europe eligible for economic aid to
support the process of reform;
Whereas, for its contribution, the European Training Foundation will
need to call upon the experience gained within the Community in thearea of vocational training in implementing a common policy for voca-tional training and upon its institutions concerned withtraining;
Whereas there exist in the Community and in third countries, including
the countries of Central and Eastern Europe, regional and/or national,public and/or private facilities which can be called upon to collaboratein the effective provision of aid in the area of training;
Whereas the status and structure of the European Training Foundation
should facilitate a flexible response to the specific and differingrequirements of the individual countries to be assisted, and allow it tocarry out its functions in close cooperation withth e existing nationaland international facilities;
Whereas the European Training Foundation should be endowed with
legal personality, while maintaining a close corporate relationship with
the Commission and respecting the overall political responsibilities ofthe Community and its institutions;
Whereas the European Training Foundation should have close links
with the European Centre for the Development of Vocational Training,1990R1360 — EN — 01.10.2003 — 004.001 — 2
(1) OJ No C 86, 4. 4. 1990, p. 12.
(2) OJ No C 113, 7. 5. 1990.
(3) Opinion delivered on 25 April 1990 (not yet published in the Official
Journal).
(4) OJ No L 375, 23. 12. 1989, p. 11.
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with the Trans-European Mobility Scheme for University Studies
(Tempus) and any other schemes instituted by the Council to provideaid in the area of training to countries of Central and Eastern Europe;
Whereas the European Training Foundation should be open to the
participation of countries which are not members of the Communityand which share the commitment of the Community and the Member
States to the provision of aid to Central and Eastern Europe in the
training field under arrangements to be laid down in agreementsbetween the Community and themselves;
Whereas the Treaty does not provide, for the action concerned, powers
other than those of Article 235,
HAS ADOPTED THIS REGULATION:
Article 1
Objectives
This Regulation hereby establishes the European Training Foundation
(hereinafter referred to as the ‘Foundation’), whose objective shall beto contribute to the development of the vocational training systems of:
— the countries of Central and Eastern Europe designated as eligible
for economic aid by the Council in Regulation (EEC) No 3906/89or in any subsequent relevant legal act,
— the new independent States of the former Soviet Union and
Mongolia which are the beneficiaries of the programme to assisteconomic reform and recovery pursuant to Regulation (Euratom,EC) No 1279/96 or any subsequent relevant legal act,
— the Mediterranean non-member countries and territories which are
the beneficiaries of the financial and technical measures to accom-
pany the reform of their economic and social structures pursuant toRegulation (EC) No 1488/96 or any subsequent relevant legal act,and
— the countries which are beneficiaries under Regulation (EC) No
2666/2000 (
1) or any subsequent relevant legal act.
Those countries shall be hereinafter referred to as the ‘eligible coun-
tries’.
The Foundation shall in particular:
— seek to promote effective cooperation between the Community and
the eligible countries in the field of vocational training,
— contribute to the coordination of assistance provided by the
Community, its Member States and the third countries referred to
in Article 16.
Article 2
Scope
Following the general guidelines established at Community level, the
Foundation shall work in the training field, covering initial and conti-nuing vocational training as well as retraining for young people andadults, including in particular management training.1990R1360 — EN — 01.10.2003 — 004.001 — 3
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Article 3
Functions
For the purpose of achieving the objectives set out in Article 1, the
Foundation shall, within the limits of the powers conferred on thegoverning board and following the general guidelines established atCommunity level:
(a) provide assistance in the definition of training needs and priorities
through the implementation of measures of technical assistance inthe training field, and through cooperation with the appropriatedesignated bodies in the eligible countries;
(b) act as a clearing house to provide the Community, its Member
States and the third countries referred to in Article 16, together
with the eligible countries and all other interested parties, withinformation on current initiatives and future needs in the trainingfield, and provide a framework through which offers of assistancecan be channelled;
(c) on the basis of (a) and (b);
— examine the scope for joint ventures of training assistance
including pilot projects, for the setting up of specialized multi-national teams for specific projects and for identifyingoperations which could be cofinanced,
— fund the design and the preparation of such projects, the imple-
mentation of which may be financed by contributions from oneor several countries, together with the Foundation, or, in excep-tional cases, from the Foundation on its own;
— implement, at the request of the Commission or of the eligible
countries in cooperation withth e governing board, vocationaltraining programmes agreed on by the Commission and one ormore of the eligible countries as part of the Community policyof assistance to these countries, using multidisciplinary teams of
specialists in close collaboration with the competent authorities
in the countries involved and drawing actively on the experi-ence of Community vocational training programmes; in theselection of projects to be managed by the Foundation, prioritywill be given to projects of an innovative value and - for thecandidate countries for accession - to projects which relate
directly to the Community's programmes in the field of voca-
tional training;
(d) for activities and projects which are funded by the Foundation:
arrange for the appropriate public and/or private bodies with aproven training record and the necessary expertise to design,prepare, implement and/or manage projects on a flexible, decentra-
lized basis;
(e) confer on the governing board the power to lay down tendering
procedures for projects funded or co-financed by the Foundation,taking due account of the procedures established pursuant to Regu-lation (EEC) No 3906/89, in particular Article 7 thereof, pursuantto Regulation (Euratom, EC) No 1279/96, in particular Articles 6
and 7 thereof, Regulation (EC) No 1488/96, in particular Article 8
thereof, or in any subsequent relevant legal act;
(f) in collaboration with the Commission, assist in the monitoring and
evaluation of the overall effectiveness of training assistance to theeligible countries;
(g) disseminate information and encourage exchanges of experience,
through publications, meetings, and other appropriate means;1990R1360 — EN — 01.10.2003 — 004.001 — 4
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(h) within the general framework of this Regulation, undertake such
other tasks as may be agreed between the governing board and theCommission.
Article 4
General provisions
1. The Foundation shall have legal personality. It shall enjoy in each
of the Member States the most extensive legal capacity accorded tolegal persons under their laws; it may, in particular, acquire or dispose
of movable and immovable property and may be a party to legal
proceedings. It shall be non-profit making.
The Foundation shall cooperate with the other relevant Community
bodies, in particular Cedefop, with the support of the Commission.
2. Representatives of the social partners at European level which are
already active in the work of the Community institutions, and interna-tional organizations active in the training field, may be associated with
the work of the Foundation, notably as provided for in Articles 5 (8)
and 6 (1) and (2).
Article 4a
Accesstodocuments
1. Regulation (EC) No 1049/2001 of the European Parliament and
of the Council of 30 May 2001 regarding public access to EuropeanParliament, Council and Commission documents (
1) shall apply to
documents held by the Foundation.
2. The Governing Board shall adopt practical arrangements for
implementing Regulation (EC) No 1049/2001 within six months of
entry into force of Council Regulation (EC) No 1648/2003 amendingRegulation (EEC) 1360/90 of 18 June 2003 establishing a EuropeanTraining Foundation (
2).
3. Decisions taken by the Foundation pursuant to Article 8 of Regu-
lation (EC) No 1049/2001 may form the subject of a complaint to the
Ombudsman or of an action before the Court of Justice, under the
conditions laid down Articles 195 and 230 of the Treaty respectively.
Article 5
Governingboard
1.►M2The Foundation shall have a governing board consisting of
one representative of eachMember State and th ree representatives ofthe Commission. ◄
An alternate member may represent or accompany eachmember of th e
governing board; when accompanying a member, the alternate member
shall attend without having the right to vote.
2. The representatives of the Member States shall be appointed by
the Member States concerned.
The Commission shall appoint the members who are to represent it.3. The term of office of representatives shall be three years. It shall
be renewable.
4. The governing board shall be chaired by one of the representa-
tives of the Commission. The chairman shall not vote.1990R1360 — EN — 01.10.2003 — 004.001 — 5
(1) OJ L 145, 31.5.2001, p. 43.
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The governing board shall adopt its rules of procedure.
The representatives of the Member States on the governing board shall
each have one vote. The representatives of the Commission shall haveone vote between them.
Decisions of the governing board shall require a twothirds majority of
the members of the board, except in the case referred to in paragraph 5.
5. The governing board shall determine, by a unanimous decision of
its members, the rules governing the languages of the Foundation,
taking into account the need to ensure access to, and participation in,the work of the Foundation by all interested parties.
6. The chairman shall convene the governing board at least twice a
year and at the request of at least a simple majority of the members of
the board.
The Chairman shall be responsible for informing the board of other
Community activities relevant to their work and of the expectationsfrom the Foundation in the forthcoming year.
7. On the basis of a draft submitted by the director of the Founda-
tion, the governing board, in consultation with the Commission, shallexamine the preliminary draft annual work programme for thefollowing year by 30 November at the latest. The final adoption of
the work programme shall take place at the beginning of each year,
within the framework of a three-year on-going perspective. Wherenecessary, the programme may be adapted during the year using thesame procedure in order to ensure greater effectiveness of Communitypolicies.
The projects and activities in the annual work programme shall be
accompanied by an estimate of the necessary expenditure and by allo-cations of staff and budgetary resources.
8. The governing board shall approve, as necessary and on a case-
by-case basis, the setting up of ad hocsectoral working parties invol-
ving all the countries or organizations contributing to the finance of thedifferent projects concerned as well as other interested parties,including where appropriate representatives of social partners.
9. The Governing Board shall adopt the Foundation's annual report
and forward it by 15 June at the latest to the European Parliament,the Council, the Commission, the European Economic and Social
Committee and the Court of Auditors. The report shall also be
forwarded to the Member States and, for information, to the eligiblecountries.
10. The Foundation shall forward annually to the budgetary
authority any information relevant to the outcome of the evaluation
procedures.
Article 6
Advisoryforum
1. The Foundation shall have an advisory forum appointed by the
governing board.
The members of the forum shall be selected from experts among
training and other circles concerned in the work of the Foundation,taking into account the need to ensure the presence of representativesof the social partners, of the Commission, of those international organi-sations active in the provision of training assistance, and of the eligiblecountries and territories.1990R1360 — EN — 01.10.2003 — 004.001 — 6
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There shall be appointed two experts from each of the Member States,
from each of the eligible countries and from the social partners atEuropean level.
2. The governing board shall seek nominations for appointment
from:
— eachof th e Member States,
— eachof th e eligible countries,— the Commission,
— the social partners at European level which are already active in the
work of the Community institutions, and
— relevant international organisations.
3. The term of office of the members of the advisory forum shall
normally be for three years, subject to regular review by the governing
board.
4. The task of the advisory forum shall be to deliver opinions to the
governing board either at the request of the board or on its own initia-tive concerning the annual work programme of the Foundation referredto in Article 5 (7).
All opinions shall be communicated to the governing board.5. The director of the Foundation shall be the chairman of the advi-
sory forum.
The advisory forum shall draw up its rules of procedure, subject to the
approval of the governing board.
6. The advisory forum shall be convened by its chairman once a
year.
Article 7
Thedirector
1. The director of the Foundation shall be appointed by the
governing board on a proposal from the Commission for a period offive years. This term of office may be extended once for a periodwhich may not exceed five years.
The director shall be responsible for:
— the preparation and organisation of the work of the governing
board, of any ad hocworking parties convened by the governing
board and, in particular, for the preparation of the draft annualwork programme of the Foundation, taking into account the generalguidelines established at Community level,
— the day-to-day administration of the Foundation,
— the preparation of the draft estimate of the Foundation's revenue
and expenditure and the execution of its budget,
— the preparation and publication of reports specified under this
Regulation,
— all staff matters,— undertaking the tasks with which he is charged pursuant to Article 3
and those set out in the annual work programme referred to inArticle 5(7),
— implementing the governing board's decisions and the guidelines set
down for the Foundation's activities.
2. The director shall be accountable to the governing board for his
activities and shall attend its meetings.
3. The director shall be the legal representative of the Foundation.1990R1360 — EN — 01.10.2003 — 004.001 — 7
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Article 8
LinkswithotherCommunityactions
The Commission, in cooperation with the governing board and, where
appropriate, in accordance withth e procedures set out in Article 9 ofRegulation (EEC) No 3906/89, Article 8 of Regulation (Euratom, EC)No 1279/96 and Article 11 of Regulation (EC) No 1488/96 or in any
subsequent relevant legal act, shall ensure consistency and, where
necessary, complementarity between the work of the Foundation andother actions at Community level, both within the Community and inassistance to the eligible countries, with particular reference to actionsunder the Tempus programme and to the other programmes and actionsfor training that are implemented at Community level, including Med-
Campus.
Article 9
Budgetcontent
1. Estimates of all the revenue and expenditure of the Foundation
shall be prepared for each financial year and shall be shown in thebudget of the Foundation, which shall include an establishment plan,
and each financial year shall correspond to the calendar year.
2. The revenue and expenditure shown in the budget of the Founda-
tion shall be in balance.
3. The revenue of the Foundation shall comprise, without prejudice
to other types of income, a subsidy from the general budget of the
European Communities, payments made as remuneration for servicesperformed as well as finance from other sources.
4. The budget shall also include details of any funds made available
by the eligible countries themselves for projects benefiting from finan-cial assistance from the Foundation.
Article 10
Budgetaryprocedure
1. Each year the Governing Board, on the basis of a draft drawn up
by the Director, shall produce an estimate of revenue and expenditurefor the Foundation for the following financial year. This estimate,which shall include a draft establishment plan, shall be forwarded bythe Governing Board to the Commission by 31 March at the latest.
2. The estimate shall be forwarded by the Commission to the
European Parliament and the Council (hereinafter referred to as the
‘budgetary authority’) together with the preliminary draft general
budget of the European Union.
3. The Commission shall examine the estimate, having regard to the
vocational training priorities in the eligible countries and to the overallfinancial orientations on economic aid to these countries. On the basisof the estimate, the Commission shall enter in the preliminary draftgeneral budget of the European Union the estimates it deems necessaryfor 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 accordance with Article 272 of the Treaty.
It shall establish on this basis, and within the proposed limits of the
overall amount to be made available for economic aid to the eligiblecountries, the annual contribution for the budget of the Foundation tobe included in the preliminary draft general budget of the EuropeanUnion.
4. The budgetary authority shall authorise the appropriations for the
subsidy to the Foundation.
The budgetary authority shall adopt the establishment plan for the
Foundation.1990R1360 — EN — 01.10.2003 — 004.001 — 8
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5. The budget of the Foundation shall be adopted by the Governing
Board. It shall become final following final adoption of the generalbudget of the European Union. Where appropriate, it shall be adjusted
accordingly.
6. The Governing Board shall, as soon as possible, notify the
budgetary authority of its intention to implement any project whichmay have significant financial implications for the funding of itsbudget, in particular any projects relating to property suchas th e 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 Governing Boardwithin a period of six weeks from the date of notification of theproject.
Article 11
Budgetimplementationandcontrol
1. The director shall implement the budget of the Foundation.
2. By 1 March at the latest following each financial year, the Foun-
dation's accounting officer shall communicate the provisional accounts
to the Commission's accounting officer together with a report on thebudgetary and financial management for that financial year. TheCommission's accounting officer shall consolidate the provisionalaccounts of the institutions and decentralised bodies in accordancewithArticle 128 of th e general Financial Regulation.
3. By 31 March at the latest following each financial year, the
Commission's accounting officer shall forward the Foundation's provi-sional accounts to the Court of Auditors, together with a report on thebudgetary and financial management for that financial year. The reporton the budgetary and financial management for that financial year shall
also be forwarded to the European Parliament and the Council.
4. On receipt of the Court of Auditors' observations on the Founda-
tion's provisional accounts, pursuant to Article 129 of the generalFinancial Regulation, the Director shall draw up the Foundation's finalaccounts under his own responsibility and forward them to the
Governing Board for an opinion.
5. The Governing Board shall deliver an opinion on the Foundation's
final accounts.
6. The Director shall, by 1 July at the latest following each financial
year, forward these final accounts to the European Parliament, the
Council, the Commission and the Court of Auditors, together with theGoverning Board's opinion.
7. The final accounts shall be published.8. The Foundation's Director shall send the Court of Auditors a
reply to its observations by 30 September at the latest. He shall also
send this reply to the Governing Board.
9. The Director shall submit to the European Parliament, at the
latter's request, any information required for the smooth application ofthe discharge procedure for the financial year in question, as laid down
in Article 146(3) of the general Financial Regulation.
10. The European Parliament, on a recommendation from the
Council acting by a qualified majority, shall, before 30 April of yearN + 2, give a discharge to the Director in respect of the implementationof the budget for year N.1990R1360 — EN — 01.10.2003 — 004.001 — 9
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Article 12
FinancialRules
The financial rules applicable to the Foundation shall be adopted by the
Governing Board after the Commission has been consulted. They may
not depart from Commission Regulation (EC, Euratom) No 2343/2002of 19 November 2002 on the framework Financial Regulation for thebodies referred to in Article 185 of Council Regulation (EC, Euratom)No 1605/2002 on the Financial Regulation applicable to the generalbudget of the European Communities (
1) unless specifically required
for the Foundation's operation and with the Commission's prior
consent.
Article 13
Privileges andimmunities
The Protocol on the privileges and immunities of the European
Communities shall apply to the Foundation.
Article 14
Staffrules
The staff of the Foundation shall be governed by the rules and regula-
tions applicable to the officials and other servants of the EuropeanCommunities.
The Foundation shall exercise over its staff the powers devolved to the
appointing authority.
The governing board shall, in agreement with the Commission, adopt
the appropriate implementing rules.
Article 15
Legalliability
1. The contractual liability of the Foundation shall be governed by
the law applicable to the contract in question.
2. In the case of non-contractual liability, the Foundation shall, in
accordance with the general principles common to laws of the MemberStates, make good any damage caused by the Foundation or its servantsin the performance of their duties.
The Court of Justice shall have jurisdiction in disputes relating to
compensation for any suchdamage.
3. The personal liability of servants towards the Foundation shall be
governed by the relevant provisions applying to the staff of the Foun-
dation.
Article 16
Participation ofthirdcountries
1. The Foundation shall be open to the participation of countries
which are not members of the European Community and which share
the commitment of the Community and the Member States to the
provision of aid in the training field to the eligible countries definedin Article 1, under arrangements to be laid down in agreementsbetween the Community and themselves, following the procedure laiddown in Article 228 of the Treaty.1990R1360 — EN — 01.10.2003 — 004.001 — 10
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The agreements shall, inter alia, specify the nature and extent of and
the detailed rules for the participation by these countries in the workof the Foundation including provisions on financial contributions and
staff.
2. Participation of suchcountries in th e ad hocworking parties
provided for in Article 5 (8) may be decided as necessary by thegoverning board without the need for an agreement.
Article 17
Monitoringandevaluationprocedure
The Commission shall, in consultation with the governing board, estab-
lisha monitoring and evaluation procedure of th e experience acquiredin the work of the Foundation. This procedure should be carried out
with the help of external experts. The Commission shall present the
first results of this procedure in a report to be submitted to theEuropean Parliament, the Council and the Economic and SocialCommittee before 31 December 2000 and thereafter every three years.
Article 18
Review
This Regulation shall be reviewed by the Council on a proposal from
the Commission within five years of its entry into force.
Article 19
This Regulation shall enter into force on the day following that on
which the competent authorities have decided on the seat of the Foun-
dation (
1).
This Regulation shall be binding in its entirety and directly applicable
in all Member States.1990R1360 — EN — 01.10.2003 — 004.001 — 11
(1) The date of entry into force of the Regulation shall be published in the Offi-
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