1994R2062 — EN — 10.07.1995 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILREGULATION(EC)No2062/94
of18July1994
establishingaEuropeanAgencyforSafetyandHealthatWork
(OJ L 216, 20.8.1994, p. 1)
Amended by:
Official Journal
No page date
►M1Council Regulation (EC) No 1643/95 of 29 June 1995 L 156 1 7.7.1995
▼B
COUNCILREGULATION(EC)No2062/94
of18July1994
establishingaEuropeanAgencyforSafetyandHealthatWork
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and
inparticular 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 safety, hygiene and health at work are among the priorities of
aneffective social policy;
Whereas the Commission has described the measures which it intends
to take in this area in its programme concerning safety, hygiene andhealth at work(
4), and in its action programme concerning the imple-
mentation of the Community Charter of Fundamental Social Rights
for Workers;
Whereas, inits Resolutionof 21 December 1987 onsafety, hygien e
and health at work(5), the Council welcomed the Commission commu-
nication on its programme concerning safety, hygiene and health atwork and, inter alia , called onthe Commissionto examin e ways of
improving the exchange of information and experience in the field
covered by the Resolution, particularly as regards the gathering anddissemination of data and the advisability of setting up Communitymachinery to study the repercussions at national level of Communitymeasures inthis field;
Whereas that Resolution also called for intensified cooperation with
and between bodies active in this field;
Whereas the Council also stressed the fundamental importance of
employers and workers being aware of the issues involved and havingaccess to information if the measures advocated in the Commission's
programme were to prove successful;
Whereas collection, treatment and analysis of detailed, reliable and
objective scientific, technical and economic data are necessary in orderto provide the Community bodies, the Member States and thoseinvolved in the field with the information to enable them to respond
to all the requests addressed to them, to introduce essential measures
for the protection of the health and safety of workers and to providethe persons concerned with adequate information;
Whereas there are already organizations in the Community and the
Member States which provide this type of information and services;
Whereas, in order to obtain the maximum benefit at Community level
from work already carried out by these organizations, it is appropriateto establish a network to form a European monitoring system forcollecting information on health and safety at work, to be coordinatedat Community level by a European Agency for Safety and Health atWork;
Whereas, inorder to be able to respon d more effectively to requests
addressed to them, Community bodies, the Member States and thoseinvolved in the field should be able to have recourse to an Agency inorder to obtain technical, scientific and economic data of use in thefield of health and safety at work;1994R2062 — EN — 10.07.1995 — 001.001 — 2
(1) OJ No C 271, 16. 10. 1991, p. 3.
(2) OJ No C 128, 9. 5. 1994.
(3) OJ No C 169, 6. 7. 1992, p. 44.
(4) OJ No C 28, 3. 2. 1988, p. 3.
(5) OJ No C 28, 3. 2. 1988, p. 1.
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Whereas it is therefore appropriate to establish a EuropeanAgen cy for
Safety and Health at Work responsible for assisting, inter alia , the
Commissionincarryin g out tasks inthe field of safety an d health at
work and, in that context, for contributing to the development of future
Community action programmes relating to the protection of safety andhealth at work, without prejudice to the Commission's sphere ofcompetence;
Whereas the Decisiontakenby commonagreemen t betweenthe Repre-
sentatives of the Governments of the Member States, meeting at Head
of State and Government level on 29 October 1993, on the location of
the seats of certain bodies and departments of the European Commu-nities and of Europol(
1) stipulated that the Agency for Health and
Safety at Work was to have its seat inSpain , ina townto be deter-mined by the Spanish Government; whereas the Spanish Governmenthas designated the city of Bilbao for that purpose;
Whereas the rules and structure of the Agency must be geared towards
the objective nature of the results desired and should be such that it can
carry out its work in cooperation with existing national Community andinternational bodies;
Whereas the Agency must be able to invite as observers representatives
of third countries, of Community institutions and bodies and of interna-tional organizations which share the interests of the Community and
the Member States inthe aim of the Agen cy;
Whereas the Agency should have legal personality while maintaining
close links with existing Community bodies and programmes, in parti-cular with the European Foundation for the Improvement of Living andWorking Conditions, in order to avoid any duplication;
Whereas it is important that the Agency have very close functional
links with the Commission and the Advisory Committee on Safety,Hygiene and Health Protection at Work;
Whereas, with regard to its translations, the Agency will use the Trans-
lation Centre for the bodies of the European Union once the Centre
becomes operational;
Whereas the general budget of the European Communities should
contribute to the operation of the Agency; whereas the amountsdeemed necessary are to be laid down under the annual budget proce-dure, in accordance with the financial estimates;
Whereas, for the adoption of this Regulation, the Treaty does not
provide for powers other thanthose referred to inArticle 235,
HAS ADOPTED THIS REGULATION:
Article 1
EstablishmentoftheAgency
A European Agency for Safety and Health at Work, hereinafter referred
to as the ‘Agency’, is hereby established.
Article 2
Objective
In order to encourage improvements, especially in the working environ-
ment, as regards the protection of the safety and health of workers as
provided for inthe Treaty an d successive actionprogrammesconcerning health and safety at the workplace, the aim of the Agencyshall be to provide the Community bodies, the Member States andthose involved in the field with the technical, scientific and economicinformation of use in the field of safety and health at work.1994R2062 — EN — 10.07.1995 — 001.001 — 3
(1) OJ No C 323, 30. 11. 1993, p. 1.
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Article 3
Role
1. For the purpose of achieving the aim described in Article 2, the
Agency's role shall be to:
(a) collect and disseminate technical, scientific and economic informa-
tioninthe Member States inorder to pass it onto the Commun itybodies, Member States and interested parties; this collection shalltake place to identify existing national priorities and programmesand provide the necessary input to the priorities and programmesof the Community;
(b) collect technical, scientific and economic information on research
into safety and health at work and on other research activities
which involve aspects connected with safety and health at work
and disseminate the results of the research and research activities;
(c) promote and support cooperation and exchange of information and
experience amongst the Member States in the field of safety andhealth at work, including information on training programmes;
(d) organize conferences and seminars and exchanges of experts from
the Member States inthe field of safety an d health at work;
(e) supply the Community bodies and the Member States with the
objective available technical, scientific and economic informationthey require to formulate and implement judicious and effectivepolicies designed to protect the safety and health of workers; to
that end, provide the Commission in particular with the technical,
scientific and economic information it requires to fulfil its tasks ofidentifying, preparing and evaluating legislation and measures inthe area of the protectionof the safety an d health of workers,notably as regards the impact of legislation on enterprises, withparticular reference to small and medium-sized enterprises;
(f) establish, in cooperation with the Member States, and coordinate
the network referred to in Article 4, taking into account the
national, Community and international bodies and organizations
which provide this type of information and services;
(g) collect and make available information on safety and health matters
from and to third countries and international organizations (WHO,ILO, PAHO, IMO, etc.);
(h) provide technical, scientific and economic information on methods
and tools for implementing preventive activities, paying particularattention to the specific problems of small and medium-sized enter-prises;
(i) contribute to the development of future Community action
programmes relating to the protection of safety and health atwork, without prejudice to the Commission's sphere of competence.
2. The Agency shall work as closely as possible with the existing
institutions, foundations, specialist bodies and programmes at Commu-nity level in order to avoid any duplication.
Article 4
Network
1. The Agency shall set up a network comprising:
— the main component elements of the national information networks;
— the national focal points;— any future topic centres.
2. To enable the network to be set up as rapidly and as efficiently as
possible, the Member States shall, within six months of the entry intoforce►
M1of Regulation(EC) No 1643/95 ◄, inform the Agency of
the main component elements of their national health and safety atwork information networks, including any institution which in theirjudgment could contribute to the work of the Agency, taking into1994R2062 — EN — 10.07.1995 — 001.001 — 4
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account the need to ensure the fullest possible geographical coverage of
their territory.
The competent national authorities or an institution designated by them
shall coordinate and/or transmit the information to be supplied at
national level to the Agency.
3. The national authorities shall inform the Agency of the names of
institutions established in their national territory which are able tocooperate with it on certain topics of particular interest and thus to actas topic centres of the network. The Agency shall have the power toconclude agreements with such institutions.
4. Topic centres for special tasks may form part of the network.They shall be designated by the Administrative Board referred to in
Article 8 for a limited and agreed period of time.
5. Topics of particular interest identified as well as the specific tasks
of the topic centres shall be listed in the Agency's annual workprogramme.
6. In the light of experience gained, the Agency shall periodically
re-examine the main component elements of the network as referredto in paragraph 2 and shall make such changes as may be decided onby the Administrative Board, taking account of any new designations
made by the Member States.
Article 5
Arrangements
1. Inorder to facilitate the operationof the n etwork referred to in
Article 4, the Agency may agree with the institutions designated by
the Administrative Board pursuant to Article 4(4) upon the necessaryarrangements, in particular contracts, for successfully carrying out thetasks which it may entrust to them.
2. Member States may provide, as regards the national institutions or
organizations established in its territory, that such arrangements with
the Agency shall be made in agreement with the national focal point.
Article 6
Information
The information and data supplied to or emanating from the Agency
may be published and shall be made accessible to the public, in accor-
dance with guidelines laid down by the Administrative Board, subjectto compliance with the rules of the Community and the Member Stateson the dissemination of information, particularly as regards confidenti-ality.
Article 7
Legalpersonality
1. The Agency shall have legal personality.2. It shall enjoy in all the Member States the most extensive legal
capacity accorded to legal persons under their laws.
Article 8
AdministrativeBoard
1. The Agency shall have an Administrative Board consisting of 48
members, of whom:
(a) fifteen members shall represent the governments of the Member
States;
(b) fifteen members shall represent the employers' organizations;
(c) fifteen members shall represent the employees' organizations;1994R2062 — EN — 10.07.1995 — 001.001 — 5
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(d) three members shall represent the Commission.
2. The members referred to inparagraph 1 (a), (b) an d (c) shall be
appointed by the Council on the basis of one member of each MemberState and for each of the abovementioned categories.
The members referred to in paragraph 1 (b) and (c) shall be appointed,
on the basis of one for each Member State and for each of the cate-
gories concerned, from the members and alternate membersrepresenting the employers' and employees' organizations on the Advi-sory Committee on Safety, Hygiene and Health Protection at Work setup by Decision74/325/EEC(
1), ona proposal from the groups of those
members and alternate members on the Committee.
The Council shall at the same time appoint under the same conditions
as for the member an alternate member to attend meetings of theAdministrative Board only in the absence of the member or as laid
downinthe rules of procedure.
The Commission shall appoint the members and alternate members
who are to represent it.
3. The term of office of members of the Administrative Board shall
be three years. It shall be renewable.
Upon 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. The Administrative Board shall elect its chairman and three vice-
chairman from among its members, to serve for a period of one year.
5. The chairman shall convene the Administrative Board twice a
year and at the request of at least half of its members.
6. Decisions by the Administrative Board shall be taken by a
majority of two thirds of the votes.
The members referred to inparagraph 1 (a) shall have two votes each.
The members referred to in paragraph 1 (b), (c) and (d) shall have one
vote each.
Alternate members shall not have the right to vote unless the full
member is absent.
7. The chairman of the Administrative Board and Director of the
European Foundation for the Improvement of Living and WorkingConditions shall have the option of attending meetings of the Adminis-
trative Board as observers.
8. The Administrative Board shall adopt its rules of procedure,
which shall enter into force after being approved by the Council,following an opinion given by the Commission.
Article 9
Observers
The Administrative Board may, after consulting the Commission, invite
representatives of non-member countries, of Community institutions
and bodies and of international organizations as observers.
Article 10
Annualworkprogramme—Annualgeneral report
1. The Administrative Board shall adopt the Agency's annual work
programme onthe basis of a draft drawnup by the Director referredto in Article 11, after consultation of the Commission and of the Advi-sory Committee on Safety, Hygiene and Health Protection at Work.1994R2062 — EN — 10.07.1995 — 001.001 — 6
(1) OJ No L 185, 9. 7. 1974, p. 15.▼B
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The programme may be adapted during the year using the same proce-
dure.
The programme shall be adopted in accordance with the foregoing
procedure and shall form part of a four-year rolling programme.
The first annual work programme must be adopted within nine months
of entry into force ►M1of Regulation(EC) No 1643/95 ◄.
2. By 31 January each year at the latest, the Administrative Board
shall adopt an annual general report on the Agency's activities, drawn
up in all the official languages of the Community.
The annual general report shall in particular compare the results
obtained with the objectives of the annual work programme.
The Director shall forward the annual general report to the European
Parliament, the Council, the Commission, the Court of Auditors, the
Economic and Social Committee, the Member States and the Advisory
Committee on Safety, Hygiene and Health Protection at Work.
Article 11
TheDirector
1. The Agency shall be headed by a Director appointed by the
Administrative Board on a proposal from the Commission for a period
of five years, which shall be renewable.
2. The Director shall be the official representative of the Agency.
He shall be responsible for:
— the proper preparation and execution of the decisions and
programmes adopted by the Administrative Board,
— the day-to-day administration of the Agency,— the preparationan d publicationof the report referred to inArticle
10(2),
— the performance of the tasks prescribed,
— all staff matters,
— the preparation of Administrative Board meetings.
3. The Director shall be accountable to the Administrative Board for
his activities.
Article 12
Budget
1. Estimates shall be drawn up of all the Agency's revenue and
expenditure for each financial year, which shall correspond to thecalendar year, and shall be entered in the Agency's budget.
2. The revenue and expenditure shown in the budget shall be in
balance.
3. The revenue of the Agency shall, without prejudice to other
resources obtained from payments for services rendered by the Agency,consist of a subsidy from the Community entered in the general budgetof the EuropeanCommun ities.
4. The expenditure of the Agency shall include, inter alia , staff
remuneration, administrative and infrastructure expenses, operatingcosts and expenditure relating to contracts concluded with institutionsor bodies inimplemen tationof the work programme.
Article 13
Draftestimate—Adoptionofthebudget
1. By 15 February each year at the latest, the Director shall draw up
a preliminary draft budget for the Agency for the following financialyear and shall forward it, together with an establishment plan, to theAdministrative Board.1994R2062 — EN — 10.07.1995 — 001.001 — 7
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2. The Administrative Board shall prepare the draft budget together
with the establishment plan and forward them no later than 31 Marchto the Commission. On this basis the Commission shall determine the
corresponding subsidy estimates to be entered in the preliminary draft
general budget of the European Communities which it places before theCouncil pursuant to Article 203 of the Treaty.
3. The Administrative Board shall adopt the Agency's budget,
together with the establishment plan, before the beginning of the finan-cial year, adjusting it where necessary to the Community subsidy andthe Agency's other resources.
Article 14
Implementationofthebudget
1. The Director shall implement the budget of the Agency.
2. Monitoring of the commitment and payment of all the Agency's
expenditure and of the establishment and recovery of all the Agency'srevenue shall be carried out by the Commission's financial controller.
3. By 31 March each year at the latest the Director shall send the
Commission, the Administrative Board and the Court of Auditors theaccounts for all the Agency's revenue and expenditure in respect ofthe preceding financial year.
The Court of Auditors shall examine these accounts in accordance with
Article 188c of the Treaty.
4. The Administrative Board shall give a discharge to the Director
inrespect of the implemen tationof the budget.
Article 15
Internalfinancialprovisions
After the Commissionan d the Court of Auditors have delivered their
opinions, the Administrative Board shall adopt the internal financialprovisions, specifying in particular the procedure for establishing andimplementing the Agency's budget.
Article 16
ProfessionalSecrecy
Members of the Administrative Board, the Director, the staff and all
other persons participating in the activities of the Agency shall be
required, even after their duties have ceased, not to disclose informa-tion of the kind covered by the obligation of professional secrecy.
Article 17
Languagearrangements
The language arrangements of the institutions of the Community shall
apply to the Agency.
Article 18
Translationservices
The translation services needed for the operation of the Agency shall
be provided by the translation centre for the bodies of the Union oncethat centre becomes operational.
Article 19
Privileges andimmunities
The Protocol on the Privileges and Immunities of the European
Communities shall apply to the Agency.1994R2062 — EN — 10.07.1995 — 001.001 — 8
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Article 20
Staff
1. The staff of the Agency shall be subject to the Rules and Regula-
tions applicable to officials and other servants of the European
Communities.
2. The Agency shall exercise in respect of its staff the powers
devolved to the Appointing Authority.
3. The Administrative Board shall, in agreement with the Commis-
sion, adopt the appropriate implementing rules.
Article 21
Liability
1. The Agency's contractual liability shall be governed by the law
applicable to the contract in question.
The Court of Justice of the EuropeanCommun ities shall have jurisdic-
tion to give judgment pursuant to an arbitration clause contained in acontract concluded by the Agency.
2. In the case of non-contractual liability, the Agency shall, in
accordance with the general principles common to the laws of the
Member States, make good any damage caused by the Agency or itsservants in the performance of their duties.
The Court of Justice shall have jurisdictionindisputes relatin g to
compensation for any such damage.
3. The personal liability of servants towards the Agency shall be
governed by the provisions applying to the staff of the Agency.
Article 22
Examinationoflegality
Member States, members of the Administrative Board and third parties
directly and personally involved may refer to the Commission any act
of the Agency, whether express or implied, for the Commission to
examine the legality of that act.
Referral shall be made to the Commissionwithinfifteendays of the
day on which the party concerned first became aware of the act inquestion.
The Commission shall take a decision within one month. If no decision
has beentakenwithinthis period, the case shall be deemed to havebeendismissed.
Article 23
Reviewclause
No later than five years after the entry into force of this Regulation, on
the basis of a Commissionreport, accompan ied as appropriate by a
proposal, the Council, having consulted the European Parliament, shallreview this Regulation and any new assignment for the Agency thatproves necessary.
Article 24
Entryintoforce oftheRegulation
This Regulation shall enter into force on the 20th day following that of
its publicationinthe Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable
inall Member States.1994R2062 — EN — 10.07.1995 — 001.001 — 9
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Statement by Council and the Commission concerning the seat of the
EuropeanAgencyforSafetyandHealthatWork
Onthe occasionof the adoptionof the Regulationestablishin g a European
Agency for Safety and Health at Work, the Council and the Commission note
that:
— the Representatives of the Member States, meeting at Head of State and
Government level on 29 October 1993, decided that the European Agency
for Safety and Health at Work was to have it seat in Spain, in a town to be
determined by the Spanish Government;
— the Spanish Government has designated Bilbao as the seat of the Agency.1994R2062 — EN — 10.07.1995 — 001.001 — 10