1975R1365 — EN — 26.07.1993 — 003.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B REGULATION (EEC)No 1365/75 OF THE COUNCIL
of 26 May 1975
on the creation of a European Foundation for the improvement of living and working conditions
(OJ L 139, 30.5.1975, p. 1)
Amended by:
Official Journal
No page date
►M1Council Regulation (EEC) No 1947/93 of 30 June 1993 L 181 13 23.7.1993
Amended by:
►A1Act of Accession of Greece L 291 17 19.11.1979
►A2Act of Accession of Spain and Portugal L 302 23 15.11.1985
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REGULATION (EEC)No 1365/75 OF THE COUNCIL
of 26 May 1975
on the creation of a European Foundation for the improvement of
living and working conditions
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity, in particular Article 235 thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the European Parliament(
1);
Having regard to the Opinion of the Economic and Social Committee(2);
Whereas the problems presented by the improvement of living and
working conditions in modern society are increasingly numerous andcomplex; whereas it is important that appropriate Community action
should be built up on an inter-disciplinary scientific basis and at the
same time that employers and workers should be associated in the actionundertaken;
Whereas the Community is not yet in a position to undertake analyses,
studies and research systematically and scientifically;
Whereas the programme of action of the European Communities on the
environment(
3) lays down that the Community institutions should set up
a body capable of scanning those elements which, through theircombined effects, affect living and working conditions, and of carryingout a long-term forward study of those factors which may endanger theconditions of existence and those which are capable of improving them;
Whereas the Council resolution of 21 January 1974(
4) concerning a
social action programme, lays down inter alia an action programme for
workers, aimed at humanizing living and working conditions;
Whereas the establishment of a Foundation is necessary if Community
objectives for the improvement of living and working conditions are tobe attained;
Whereas the powers required for the creation of such a Foundation are
not provided for in the Treaty;
Whereas the Foundation will be set up within the framework of the
European Communities and will function in accordance with Commu-nity law; whereas the conditions under which certain general provisionswill apply should be defined,
HAS ADOPTED THIS REGULATION:
Article 1
A European Foundation for the improvement of living and working
conditions, hereinafter called ‘the Foundation’, is hereby established.
Article 2
1. The aim of the Foundation shall be to contribute to the planning
and establishment of better living and working conditions through actiondesigned to increase and disseminate knowledge likely to assist thisdevelopment.
2. With this aim in view, the tasks of the Foundation shall be to
develop and to pursue ideas on the medium- and long-term improvementof living and working conditions in the light of practical experience and1975R1365 — EN — 26.07.1993 — 003.001 — 2
(1) OJ No C 76, 3. 7. 1974, p. 33.
(2) OJ No C 109, 19. 9. 1974, p. 37.
(3) OJ No C 112, 20. 12. 1973, p. 3.
(4) OJ No C 13, 12. 2. 1974, p. 1.
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to identify factors leading to change. The Foundation shall take the
relevant Community policies into account when carrying out its tasks. Itshall advise the Community institutions on foreseeable objectives and
guidelines by forwarding in particular scientific information and
technical data.
3. As regards the improvement of living and working conditions, it
shall deal more specifically with the following issues, determining thepriorities to be observed:
— man at work,
— organization of work and particularly job design,
— problems peculiar to certain categories of workers,
— long-terms aspects of improvement of the environment,
— distribution of human activities in space and in time.
Article 3
1. In order to achieve its aim, the Foundation shall foster the
exchange of information and experience in these fields and shall, whereappropriate, set up a system of information and documentation. It may,for example:
(a) facilitate contact between universities, study and research institutes,
economic and social administrations and organizations and encou-rage concerted action;
(b) set up working groups;
(c) conclude study contracts, participate in studies, promote and provide
assistance for pilot projects and, where required, itself carry outcertain studies;
(d) organize courses, conferences and seminars.
2. The Foundation shall cooperate as closely as possible with
specialized institutes, foundations and bodies in the Member States orat international level.
Article 4
1. The Foundation shall be non-profit making. It shall enjoy in all the
Member States the most extensive legal capacity accorded to legal
persons.
2. The seat of the Foundation shall be in Ireland.
Article 5
The Foundation shall comprise:
— an Administrative Board,
— adirector a nd deputy director,
— aCommittee of Experts.
Article 6
1. The Administrative Board shall consist of 39 members, of whom:
(a) 12 members shall represent the Governments of the Member States;
(b) 12 members shall represent the employer's organizations;
(c) 12 members shall represent the employee's organizations;
(d) three members shall represent the Commission.
2. The members referred to in (a), (b) and (c) shall be appointed by
the Council on the basis of one member for each Member State and for
each of the abovementioned categories. The Council shall at the same
time appoint under the same conditions an alternate to attend meetingsof the Administrative Board only in the absence of the member. TheCommission shall appoint the members and alternates who are torepresent it.1975R1365 — EN — 26.07.1993 — 003.001 — 3
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3. The term of office of members of the Administrative Board shall
be three years. It shall be renewable. Upon the expiry of their term ofoffice 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 deputy
chairmen from among its members, to serve for a period of one year.
5. The Chairman shall convene the Administrative Board at least
twice a year and at the request of at least one-third of its members.
6. Decisions by the Administrative Board shall be taken by an
absolute majority of its members.
Article 7
1. The Administrative Board shall administer the Foundation whose
guidelines it shall lay down after consultation with the Committee ofExperts. On the basis of a draft submitted by the director, theAdministrative Board shall, in agreement with the Commission, adoptthe programme of work.
2. It shall adopt its rules of procedure which shall enter into force
after being approved by the Council, following consultation with the
Commission.
3. It shall decide whether to accept any legacy, donation or subsidy
from sources other than the Community.
Article 8
1. The director and deputy director of the Foundation shall be
appointed by the Commission from a list of candidates submitted by theAdministrative Board.
2. The director and the deputy director shall be chosen on the grounds
of their competence and their independence shall be beyond doubt.
3. The director and the deputy director shall be appointed for a
maximum period of five years. Their term of office shall be renewable.
Article 9
1. The director shall direct the Foundation and shall implement the
decisions of the Administrative Board. He shall be the legalrepresentative of the Foundation.
2. Under the provisions relating to staff, the director shall have
authority over the staff of the Foundation. He shall be responsible fortheir recruitment and dismissal and for stipulating the qualificationsrequired of them.
3. The director shall prepare the activities of the Administrative
Board. The director, or the deputy director, or both shall attend the
meetings of this board.
4. The director shall be accountable to the Administrative Board for
the running of the Foundation.
Article 10
1. The Committee of Experts shall consist of 12 members appointed
by the Council on a proposal from the Commission and selected fromamong scientific and other circles concerned in the Foundation'sactivity.
2. The Commission will take into account when drawing up its
proposal:
— the need to maintain a balance between the two complementary
aspects of the Foundation — i.e. living conditions and working
conditions;
— the need for the best possible scientific and technical advice;1975R1365 — EN — 26.07.1993 — 003.001 — 4
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— the need for at least one national from each Member State to be
appointed.
3. The term of office of the members of the Committee of Experts
shall be three years and shall be renewable.
Article 11
1. The task of the Committee of Experts shall be to deliver opinions
to the other organs of the Foundation in all fields falling within the
latter's competence, either at the request of the director or on its own
initiative. All its opinions, including that given to the director fordrawing up the programme of work (referred to in Article 12), shall becommunicated simultaneously to the director and the AdministrativeBoard.
2. The Committee shall select a chairman from among its members
and draw up its rules of procedure.
3. The committee shall be convened by its chairman, by agreement
with the director. Meetings shall be held at least twice a year and when
requested by at least seven of its members.
Article 12
1. The director shall draw up an annual programme of work before 1
July each year on the basis of the guidelines referred to in Article 7. Theannual programme shall be part of a four-year rolling programme. The
projects in the annual programme shall be accompanied by an estimate
of the necessary expenditure.
When drawing up the programme, the director shall take account of the
opinions of the Committee of Experts, as well as of those of theCommunity institutions and the Economic and Social Committee.
To this end, and in order to avoid any duplication of work, the
Community institutions and the Economic and Social Committee shallinform the Foundation of their requirements and as far as possible of anyrelevant work and studies which they are carrying out themselves.
2. The director shall forward the programme of work to the
Administrative Board for approval.
Article 13
The Director shall draw up and the Administrative Board shall adopt,
not later than 31 March, the annual general report on the activities,financial situation and future guidelines of the Foundation and shall sendit to the European Parliament, the Council, the Commission, theEconomic and Social Committee and the Court of Auditors.
Article 14
The Administrative Board shall draw up a balanced statement of all
revenue and expenditure for each financial year, which shall be the same
as the calendar year.
Article 15
1. The Administrative Board shall, by 31 March each year at the
latest, send the Commission an estimate of revenue and expenditure.This estimate, which shall include an establishment plan, shall beforwarded by the Commission to the European Parliament and theCouncil with the preliminary draft budget of the European Communities.
2. The budgetary authority shall determine the appropriations
available for the subsidy for the Foundation.The procedure in forcefor the transfer of appropriations from one chapter to another shall applyto these appropriations.The budgetary authority shall draw up theestablishment plan of the Foundation.1975R1365 — EN — 26.07.1993 — 003.001 — 5
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3. The Administrative Board shall adopt the estimate of revenue and
expenditure before the beginning of the financial year, adjusting it to thesubsidy granted by the Budget Authority. The estimate thus adopted
shall be forwarded by the Commission to the Budget Authority.
Article 16
1. The financial provisions applying to the Foundation shall be
adopted pursuant to Article 209 of the Treaty.The financial controller of
the Commission shall be responsible for checking the commitment and
payment of all expenditure and the recording and recovery of all revenueof the Foundation.
2. The Administrative Board shall, not later than 31 March, send the
revenue and expenditure accounts, the analysis of financial managementand the balance sheet of the Foundation for the preceding financial yearto the European Parliament, the Council, the Commission and the Courtof Auditors.The Court of Auditors shall examine them as provided for in
Article 206aof the Trea ty.
3. The Court of Auditors shall transmit to the authorities responsible
for giving discharge and to the Commission, by 30 November at thelatest, it annual report accompanied by the replies of the Foundation toits comments, and shall ensure publication thereof in the Official
Journal of the European Communities .
The European Parliament, upon a recommendation from the Council
acting by a qualified majority, shall, before 30 April of the followingyear, give a discharge to the Administrative Board of the Foundation in
accordance with the procedure laid down in Article 206b of the Treaty.
Article 17
The provisions governing the staff of the Foundation shall be adopted by
the Council, acting on a proposal from the Commission and after
consulting the European Parliament.
Article 18
Members of the Administrative Board, the director, the deputy director,
the staff and all other persons participating in the activities of theFoundation shall be required, even after their duties have ceased, not to
disclose information of the kind covered by the obligation of
professional secrecy.
Article 19
The rules governing the languages of the European Communities shall
apply to the Foundation.
Article 20
The Protocol on the privileges and immunities of the European
Communities shall apply to the Foundation.
Article 21
1. The contractual liability of the Foundation shall be governed by
the law applicable to the contract in question.
The Court of Justice of the European Communities shall have
jurisdiction to give judgment pursuant to any arbitration clausecontained in a contract concluded by the Foundation.
2. In the case of non-contractual liability, the Foundation shall, in
accordance with the general principles common to the laws of theMember States, make good any damage caused by the Foundation or itsservants in the performance of their duties.1975R1365 — EN — 26.07.1993 — 003.001 — 6
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The Court of Justice of the European Communities 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 the
Foundation.
Article 22
Member States, members of the Administrative Board and third parties
directly and personally involved may refer to the Commission any act ofthe Foundation, whether express or implied, for the Commission toexamine the legality of that act.
Referral shall be made to the Commission within 15 days of the day on
which the party concerned first became aware of the act in question.
The Commission shall take a decision within one month. If no decision
has been taken within this period, the case shall be deemed to have been
dismissed.
Article 23
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in
all Member States.1975R1365 — EN — 26.07.1993 — 003.001 — 7