1990R1360 — EN — 07.12.2000 — 003.001 — 1
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►B COUNCIL REGULATION (EEC)No 1360/90
of 7 May 1990
establishing a European Training Foundation
(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
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COUNCIL REGULATION (EEC)No 1360/90
of 7 May 1990
establishing a European Training Foundation
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 of
1990, 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
Polish People's Republic which provides 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
countries 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 commercialrelationships between the countries of Central and Eastern Europe andthe Community; whereas these intensified relationships will also
contribute to a harmonious development of economic activities within
the Community;
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 tosupport 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 forvocational training and upon its institutions concerned with training;
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 collaborate inthe 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 differing
requirements of the individual countries to be assisted, and allow it tocarry out its functions in close cooperation with the existing national andinternational 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 of
the Community and its institutions;
Whereas the European Training Foundation should have close links with
the European Centre for the Development of Vocational Training, withthe Trans-European Mobility Scheme for University Studies (Tempus)1990R1360 — EN — 07.12.2000 — 003.001 — 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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and any other schemes instituted by the Council to provide aid 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 Community and
which share the commitment of the Community and the Member Statesto the provision of aid to Central and Eastern Europe in the training fieldunder arrangements to be laid down in agreements between theCommunity 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 be tocontribute 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 3906/89 or 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
accompany the reform of their economic and social structures
pursuant to Regulation (EC) No 1488/96 or any subsequent relevantlegal 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
countries’.
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 toin Article 16.
Article 2
Scope
Following the general guidelines established at Community level, the
Foundation shall work in the training field, covering initial andcontinuing vocational training as well as retraining for young peopleand adults, including in particular management training.
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 the1990R1360 — EN — 07.12.2000 — 003.001 — 3
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governing board and following the general guidelines established at
Community 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 appropriate
designated 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, with information
on current initiatives and future needs in the training field, andprovide a framework through which offers of assistance can bechannelled;
(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 specializedmultinational teams for specific projects and for identifyingoperations which could be cofinanced,
— fund the design and the preparation of such projects, the
implementation of which may be financed by contributions from
one or several countries, together with the Foundation, or, inexceptional cases, from the Foundation on its own;
— implement, at the request of the Commission or of the eligible
countries in cooperation with the governing board, vocational
training programmes agreed on by the Commission and one or
more of the eligible countries as part of the Community policy ofassistance to these countries, using multidisciplinary teams ofspecialists in close collaboration with the competent authoritiesin the countries involved and drawing actively on the experience
of Community vocational training programmes; in the selection
of projects to be managed by the Foundation, priority will begiven to projects of an innovative value and - for the candidatecountries for accession - to projects which relate directly to theCommunity's programmes in the field of vocational training;
(d) for activities and projects which are funded by the Foundation:
arrange for the appropriate public and/or private bodies with a
proven training record and the necessary expertise to design,prepare, implement and/or manage projects on a flexible, decen-tralized 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
Regulation (EEC) No 3906/89, in particular Article 7 thereof,
pursuant to Regulation (Euratom, EC) No 1279/96, in particularArticles 6 and 7 thereof, Regulation (EC) No 1488/96, in particularArticle 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 the
eligible countries;
(g) disseminate information and encourage exchanges of experience,
through publications, meetings, and other appropriate means;
(h) within the general framework of this Regulation, undertake such
other tasks as may be agreed between the governing board and theCommission.1990R1360 — EN — 07.12.2000 — 003.001 — 4
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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 to legalpersons 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
international organizations active in the training field, may be associatedwith the work of the Foundation, notably as provided for in Articles 5(8) and 6 (1) and (2).
Article 5
Governing board
1.►
M2The Foundation shall have a governing board consisting of
one representative of each Member State and three representatives of the
Commission. ◄
An alternate member may represent or accompany each member of the
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 representatives
of the Commission. The chairman shall not vote.
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, takinginto 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 ofthe board.
The Chairman shall be responsible for informing the board of other
Community activities relevant to their work and of the expectations fromthe Foundation in the forthcoming year.
7. On the basis of a draft submitted by the director of the Foundation,
the governing board, in consultation with the Commission, shall
examine the preliminary draft annual work programme for the followingyear by 30 November at the latest. The final adoption of the workprogramme shall take place at the beginning of each year, within theframework of a three-year on-going perspective. Where necessary, the1990R1360 — EN — 07.12.2000 — 003.001 — 5
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programme may be adapted during the year using the same procedure in
order to ensure greater effectiveness of Community policies.
The projects and activities in the annual work programme shall be
accompanied by an estimate of the necessary expenditure and byallocations 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 involving all
the countries or organizations contributing to the finance of the differentprojects concerned as well as other interested parties, including where
appropriate representatives of social partners.
9. The governing board shall, by 31 March each year at the latest,
present a draft annual report on the activities of the Foundation for theprevious year and their financing to the Commission.
The Commission shall approve the annual report and submit it to the
European Parliament, the Council, the Economic and Social Committeeand the Member States.
The Commission shall also forward this report, for information, to the
eligible countries.
Article 6
Advisory forum
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 representatives of the socialpartners, of the Commission, of those international organisations activein the provision of training assistance, and of the eligible countries andterritories.
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:
— each of the Member States,
— each of the 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 initiativeconcerning the annual work programme of the Foundation referred to 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
advisory 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.1990R1360 — EN — 07.12.2000 — 003.001 — 6
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Article 7
The director
1. The director of the Foundation shall be appointed by the governing
board on a proposal from the Commission for a period of five years.This term of office may be extended once for a period which may notexceed 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 annual work programme
of the Foundation, taking into account the general guidelinesestablished at Community level,
— the day-to-day administration of the Foundation,— the preparation of the statement of revenue and expenditure and
execution of the Foundation's 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 in Article
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.
Article 8
Links with other Community actions
The Commission, in cooperation with the governing board and, where
appropriate, in accordance with the 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 anysubsequent relevant legal act, shall ensure consistency and, wherenecessary, complementarity between the work of the Foundation and
other actions at Community level, both within the Community and in
assistance 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
Budget content
1. Estimates of all the revenue and expenditure of the Foundation
shall be prepared for each financial year and shall be shown in the
budget 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
Foundation shall be in balance.
3. The revenue of the Foundation shall comprise, without prejudice to
other types of income, asubsidy from the genera l budget of the
European Communities, payments made as remuneration for services
performed 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 fromfinancial assistance from the Foundation.1990R1360 — EN — 07.12.2000 — 003.001 — 7
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Article 10
Budget procedure
1. The director shall establish each year a proposed draft budget for
the Foundation covering running costs and the proposed operational
programme for the following financial year and shall submit it to the
governing board.
2. On this basis, the governing board shall, by 15 February at the
latest, adopt a draft budget for the Foundation and submit it to theCommission.
3. The Commission shall assess the draft budget of the Foundation
having regard to the vocational training priorities in the eligible
countries and to the overall financial orientations on economic aid to
these countries.
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 to be
included in the preliminary draft of the general budget of the European
Communities.
4. After receiving the advice of the Commission, the governing board
shall adopt the Foundation's budget together with the work programmeat the beginning of each financial year, adjusting it to the several
contributions granted to the Foundation and to the funds from other
sources. The budget shall also detail by category and grade the numberof staff which will be employed by the Foundation in the relevantfinancial year.
Article 11
Budget implementation and control
1. The director shall implement the budget of the Foundation.
2. The checking of the commitment and payment of all the
Foundation's expenditure and the checking of the recording andcollection of all its revenue shall be undertaken by the financialcontroller of the Commission.
3. By 31 March each year at the latest, the director shall submit to the
Commission, the governing board and the Court of Auditors the detailed
accounts of all revenue and expenditure from the previous financialyear.
The Court of Auditors shall examine these accounts in accordance with
article 188c of the Treaty.
4. The governing board shall give a discharge to the director in
respect of the implementation of the budget.
Article 12
Financial rules
The governing board shall set down, following consultation of the
Commission and the Court of Auditors, detailed financial rulesspecifying in particular the procedure for the establishment andimplementation of the budget of the Foundation.1990R1360 — EN — 07.12.2000 — 003.001 — 8
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Article 13
Privileges and immunities
The Protocol on the privileges and immunities of the European
Communities shall apply to the Foundation.
Article 14
Staff rules
The staff of the Foundation shall be governed by the rules and
regulations applicable to the officials and other servants of the European
Communities.
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
Legal liability
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 Member
States, 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 such damage.
3. The personal liability of servants towards the Foundation shall be
governed by the relevant provisions applying to the staff of theFoundation.
Article 16
Participation of third countries
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 provisionof aid in the training field to the eligible countries defined in Article 1,under arrangements to be laid down in agreements between theCommunity and themselves, following the procedure laid down inArticle 228 of the Treaty.
The agreements shall, inter alia, specify the nature and extent of and the
detailed rules for the participation by these countries in the work of theFoundation including provisions on financial contributions and staff.
2. Participation of such countries in the ad hoc working parties
provided for in Article 5 (8) may be decided as necessary by the
governing board without the need for an agreement.
Article 17
Monitoring and evaluation procedure
The Commission shall, in consultation with the governing board,
establish a monitoring and evaluation procedure of the experienceacquired in the work of the Foundation. This procedure should becarried out with the help of external experts. The Commission shallpresent the first results of this procedure in areport to be submitted to1990R1360 — EN — 07.12.2000 — 003.001 — 9
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the European Parliament, the Council and the Economic and Social
Committee 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 Foundation(1).
This Regulation shall be binding in its entirety and directly applicable in
all Member States.1990R1360 — EN — 07.12.2000 — 003.001 — 10
(1) The date of entry into force of the Regulation shall be published in the
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