1990R1360 — EN — 31.07.1998 — 002.001 — 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
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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,
Havingreg ard to the Treaty establishingthe European Economic
Community, and in particular Article 235 thereof,
Havingreg ard to the proposal from the Commission(1),
Havingreg ard to the opinion of the European Parliament(2),
Havingreg ard to the opinion of the Economic and Social Committee(3),
Whereas the European Council meetingat Strasbourgon 8 and 9
December 1989 called upon the Council to adopt, at the beginning of1990, the necessary decisions for the establishment of a EuropeanTrainingFoundation for Central and Eastern Europe, actingon 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 includingtrainingto 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 theCommunity; whereas these intensified relationships will also contributeto a harmonious development of economic activities within theCommunity;
Whereas the European TrainingFoundation could make an important
contribution to the effective provision of trainingassistance to thecountries of Central and Eastern Europe eligible for economic aid tosupport the process of reform;
Whereas, for its contribution, the European TrainingFoundation will
need to call upon the experience gained within the Community in thearea of vocational trainingin implementinga common policy for voca-tional trainingand 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 collaboratein the effective provision of aid in the area of training;
Whereas the status and structure of the European TrainingFoundation
should facilitate a flexible response to the specific and differingrequire-ments of the individual countries to be assisted, and allow it to carry outits functions in close cooperation with the existingnational and inter-national facilities;
Whereas the European TrainingFoundation should be endowed with
legal personality, while maintaining a close corporate relationship withthe Commission and respectingthe overall political responsibilities ofthe Community and its institutions;
(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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Whereas the European TrainingFoundation should have close links
with the European Centre for the Development of Vocational Training,with the Trans-European Mobility Scheme for University Studies(Tempus) and any other schemes instituted by the Council to provideaid in the area of trainingto countries of Central and Eastern Europe;
Whereas the European TrainingFoundation should be open to the
participation of countries which are not members of the Community andwhich share the commitment of the Community and the Member Statesto the provision of aid to Central and Eastern Europe in the trainingfield under 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
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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 trainingsystems of:
— the countries of Central and Eastern Europe designated as eligible
for economic aid by the Council in Regulation (EEC) No 3906/89 orin 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, and
— 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.
Those countries shall be hereinafter referred to as the ‘eligible coun-
tries'.
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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 inArticle 16.
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Article 2
Scope
Following the general guidelines established at Community level, the
Foundation shall work in the trainingfield, coveringinitial andcontinuingvocational trainingas well as retrainingfor youngpeopleand adults, including in particular management training.
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Article 3
Functions
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For the purpose of achievingthe objectives set out in Article 1, theFoundation shall, within the limits of the powers conferred on thegoverning board and following the general guidelines established atCommunity level:
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B(a) provide assistance in the definition of trainingneeds and priorities
through the implementation of measures of technical assistance inthe trainingfield, and throug h cooperation with the appropriatedesignated bodies in the eligible countries;
(b) act as a clearinghouse to provide the Community, its Member
States and the third countries referred to in Article 16, together withthe eligible countries and all other interested parties, with informa-tion on current initiatives and future needs in the trainingfield, andprovide a framework through which offers of assistance can bechannelled;
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(c) on the basis of (a) and (b);
— examine the scope for joint ventures of trainingassistance
includingpilot projects, for the settingup of specialized multi-national teams for specific projects and for identifyingopera-tions 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;
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— implement, at the request of the Commission or of the eligible
countries in cooperation with the 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, usingmultidisciplinary teams ofspecialists in close collaboration with the competent authoritiesin the countries involved and drawingactively on the experienceof Community vocational trainingprog rammes; in the selectionof 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;
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(d) for activities and projects which are funded by the Foundation:
arrange for the appropriate public and/or private bodies with aproven trainingrecord and the necessary expertise to desig n,prepare, implement and/or manage projects on a flexible, decentral-ized basis;
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(e) confer on the governing board the power to lay down tendering
procedures for projects funded or co−financed by the Foundation,takingdue account of the procedures established pursuant to Reg u-lation (EEC) No 3906/89, in particular Article 7 thereof, pursuant toRegulation (Euratom, EC) No 1279/96, in particular Articles 6 and7 thereof, Regulation (EC) No 1488/96, in particular Article 8thereof, or in any subsequent relevant legal act;
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(f) in collaboration with the Commission, assist in the monitoringand
evaluation of the overall effectiveness of trainingassistance to theeligible countries;
(g) disseminate information and encourage exchanges of experience,
through publications, meetings, and other appropriate means;
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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 disposeof movable and immovable property and may be a party to legalproceedings. It shall be non-profit making.
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The Foundation shall cooperate with the other relevant Communitybodies, in particular Cedefop, with the support of the Commission.
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2. Representatives of the social partners at European level which arealready active in the work of the Community institutions, and inter-national 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 g overningboard consistingof
one representative of each Member State and three representatives ofthe Commission. ◄
An alternate member may represent or accompany each member of the
governing board; when accompanying a member, the alternate membershall attend without havingthe rig ht 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.
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The representatives of the Member States on the governing board shalleach have one vote. The representatives of the Commission shall haveone vote between them.
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Decisions of the governing board shall require a twothirds majority ofthe 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 informingthe board of other
Community activities relevant to their work and of the expectationsfrom the Foundation in the forthcomingyear.
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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 the following
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year 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, theprog ramme may be adapted duringthe year usingthe same procedure inorder 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 by alloca-tions of staff and budgetary resources.
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8. The governing board shall approve, as necessary and on a case-by-case basis, the settingup of ad hocsectoral workingparties involving
all the countries or organizations contributing to the finance of thedifferent projects concerned as well as other interested parties, includingwhere 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 financingto 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.
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The members of the forum shall be selected from experts amongtrainingand other circles concerned in the work of the Foundation,takinginto account the need to ensure the presence of representatives ofthe social partners, of the Commission, of those international organ-isations active in the provision of trainingassistance, and of the elig iblecountries and territories.
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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.
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2. The governing board shall seek nominations for appointmentfrom:
— 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.
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3. The term of office of the members of the advisory forum shallnormally be for three years, subject to regular review by the governingboard.
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 owninitiative concerningthe annual work prog ramme of the Foundationreferred 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.
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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
The director
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1. The director of the Foundation shall be appointed by thegoverning board on a proposal from the Commission for a period offive years. This term of office may be extended once for a period whichmay not exceed five years.
The director shall be responsible for:
— the preparation and organisation of the work of the governing board,
of any ad hocworkingparties convened by the g overningboard
and, in particular, for the preparation of the draft annual workprogramme of the Foundation, taking into account the generalguidelines established 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 Regu-
lation,
— all staff matters,— undertakingthe tasks with which he is charg ed 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.
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2. The director shall be accountable to the governing board for hisactivities and shall attend its meetings.
3. The director shall be the legal representative of the Foundation.
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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 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 trainingthat are implemented at Community level, includingMed−Campus.
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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 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.
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3. The revenue of the Foundation shall comprise, without prejudiceto other types of income, a subsidy from the general budget of theEuropean 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
Budget procedure
1. The director shall establish each year a proposed draft budget for
the Foundation coveringrunningcosts and the proposed operationalprogramme for the following financial year and shall submit it to thegoverning 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 coun-tries and to the overall financial orientations on economic aid to thesecountries.
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It shall establish on this basis, and within the proposed limits of theoverall amount to be made available for economic aid to the eligiblecountries, the annual contribution for the budget of the Foundation to beincluded in the preliminary draft of the general budget of the EuropeanCommunities.
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4. After receivingthe advice of the Commission, the g overningboard shall adopt the Foundation’s budget together with the workprogramme at the beginning of each financial year, adjusting it to theseveral contributions granted to the Foundation and to the funds fromother sources. The budget shall also detail by category and grade thenumber of staff which will be employed by the Foundation in therelevant financial year.
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Article 11
Budget implementation and control
1. The director shall implement the budget of the Foundation.
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2. The checkingof the commitment and payment of all the Founda-tion’s expenditure and the checkingof the recordingand collection ofall its revenue shall be undertaken by the financial controller of theCommission.
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3. By 31 March each year at the latest, the director shall submit tothe Commission, the governing board and the Court of Auditors thedetailed accounts of all revenue and expenditure from the previousfinancial year.
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The Court of Auditors shall examine these accounts in accordance witharticle 188c of the Treaty.
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4. The governing board shall give a discharge to the director inrespect of the implementation of the budget.
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Article 12
Financial rules
The g overningboard shall set down, followingconsultation of the
Commission and the Court of Auditors, detailed financial rules speci-fyingin particular the procedure for the establishment and implementa-tion of the budget of the Foundation.
Article 13
Privileges and immunities
The Protocol on the privileges and immunities of the European
Communities shall apply to the Foundation.
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Article 14
Staff rules
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
appointingauthority.
The governing board shall, in agreement with the Commission, adopt
the appropriate implementingrules.
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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 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 relatingto
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 the Founda-tion.
Article 16
Participation of third countries
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1. The Foundation shall be open to the participation of countrieswhich are not members of the European Community and which sharethe commitment of the Community and the Member States to theprovision of aid in the trainingfield to the elig ible countries defined inArticle 1, under arrangements to be laid down in agreements betweenthe Community and themselves, followingthe procedure laid down inArticle 228 of the Treaty.
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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 work of theFoundation includingprovisions on financial contributions and staff.
2. Participation of such countries in the ad hocworkingparties
provided for in Article 5 (8) may be decided as necessary by thegoverning board without the need for an agreement.
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Article 17
Monitoring and evaluation procedure
The Commission shall, in consultation with the governing board, estab-
lish a monitoringand evaluation procedure of the experience acquiredin the work of the Foundation. This procedure should be carried outwith the help of external experts. The Commission shall present the firstresults of this procedure in a report to be submitted to the EuropeanParliament, the Council and the Economic and Social Committee before31 December 2000 and thereafter every three years.
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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 Founda-tion (
1).
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
(1) The date of entry into force of the Regulation shall be published in the
Official Journal.