1990R1360 — EN — 28.08.1994 — 001.001 — 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
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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; and
— the independent States of the former Soviet Union and Mongolia
which are the beneficiaries of the programme to assist economicreform and recovery under Regulation (Euratom, EEC) No 2053/93or in any subsequent relevant legal act.
These 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.
Article 2
Scope
The Foundation shall work in the trainingfield, coveringinitial and
continuingvocational trainingas well as retrainingfor youngpeopleand adults, including in particular management training.
Article 3
Functions
For the purpose of achievingthe objectives set out in Article 1, the
Foundation shall:
(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;
— implement, at the request of the Commission or of the benefi-
ciary countries in cooperation with the governing board, voca-tional training programmes agreed on by the Commission andone or more of the beneficiary countries as part of theCommunity policy of assistance to these countries, usingmulti-disciplinary teams of specialists in close collaboration with thecompetent authorities in the countries involved and drawingactively on the experience of Community vocational trainingprogrammes;
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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,takingfull account of the procedures estabished under Reg ulation(EEC) No 3906/89, in particular Article 7 thereof; under Regulation(Euratom, EEC) No 2053/93, in particular Article 7 thereof, or inany 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;
(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.
The Foundation shall seek the cooperation of other Community bodies,
in particular Cedefop.
2. Representatives of the social partners at European level which are
already 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. The Foundation shall have a governing board consisting of one
representative of each Member State and two representatives of theCommission.
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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.Each member of the governing board shall have one vote.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 informingthe board of other
Community activities relevant to their work and of the expectationsfrom the Foundation in the forthcomingyear.
7. On the basis of a draft submitted by the director of the Founda-
tion, and within the framework of a three-year rollingperspective, thegoverning board shall adopt, by 30 November each year at the latest,the annual work programme of the Foundation for the following year inconsultation with the Commission.
The projects in the annual work programme shall be accompanied by an
estimate of the necessary expenditure.
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.
The members of the forum shall be selected from experts among
trainingand other circles concerned in the work of the Foundation,takinginto account the need to ensure the presence of representatives ofthe social partners, of those international organizations active in theprovision of trainingassistance, and of the elig ible countries.
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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:
— each of the Member States,
— each of the eligible countries,— the social partners at European level which are already active in the
work of the Community institutions, and
— relevant international organizations.
3. The term of office of the members of the advisory forum shall
normally 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.
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
1. The director of the Foundation shall be appointed by the
governing board, on a proposal from the Commission, for a term ofoffice of five years, which shall be renewable.
The director shall be responsible:
— for the preparation and organization of the work of the governing
board, of any ad hocworkingparties convened by the g overning
board and, in particular, for the preparation of the draft annual workprogramme of the Foundation,
— for the day-to-day administration of the Foundation,— for the preparation of the statement of revenue and expenditure and
execution of the budget of the Foundation,
— for the preparation and publication of reports specified under this
Regulation,
— for all staff matters,— for undertakingthe tasks referred to in Article 3.
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.
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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 and Article 8 of Regulation (Euratom,EEC) No 2053/93, shall ensure consistency and, where necessary,complementarity between the work of the Foundation and other actionsat Community level, both within the Community and in assistance to theeligible countries, with particular reference to actions under the Tempusscheme.
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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.
3. The revenue of the Foundation shall comprise, without prejudice
to 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. The governing board, after receiving the advice of the Commis-sion, shall adopt the budget of the Foundation at the beginning of eachfinancial year, adjustingit to the several contributions g ranted to theFoundation and to its other resources.
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.
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
1. The Foundation shall be open to the participation of countries
which are not members of the European Community, and which sharethe commitment of the Community and the Member States to theprovision of aid to Central and Eastern Europe in the trainingfield,under arrangements to be laid down in agreements between theCommunity and themselves, followingthe 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 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.
It shall present the first results of this procedure in a report to be
submitted to the European Parliament, the Council and the Economicand Social Committee before ►
M130 June 1997 ◄.
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.