1975R1365 — EN — 01.10.2003 — 005.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B REGULATION(EEC)No1365/75OFTHECOUNCIL
of26May1975
onthecreation ofaEuropeanFoundationfortheimprovementoflivingandworkingconditions
(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
►M2Council Regulation (EC) No 1649/2003 of 18 June 2003 L 245 25 29.9.2003
Amended by:
►A1Act of Accessionof Greece L 291 17 19.11.1979
►A2Act of Accessionof Spainan d Portugal L 302 23 15.11.1985
►A3Act of Accession of Austria, Sweden and Finland C241 21 29.8.1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.1995
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REGULATION(EEC)No1365/75OFTHECOUNCIL
of26May1975
on the creation of a European Foundation for the improvement of
livingandworkingconditions
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 actionshould be built up on an inter-disciplinary scientific basis and at the
same time that employers and workers should be associated in the
action undertaken;
Whereas the Community is not yet in a position to undertake analyses,
studies and research systematically and scientifically;
Whereas the programme of actionof the EuropeanCommun ities onthe
environment (
3) lays down that the Community institutions should set
up a body capable of scanning those elements which, through their
combined 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 improvingthem;
Whereas the Council resolution of 21 January 1974 (
4) concerning a
social actionprogramme, lays down inter alia anactionprogramme
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 creationof such a Foun dationare
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
action designed to increase and disseminate knowledge likely to assistthis development.1975R1365 — EN — 01.10.2003 — 005.001 — 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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2. With this aim inview, the tasks of the Foun dationshall be to
develop and to pursue ideas on the medium- and long-term improve-ment of living and working conditions in the light of practical
experience and to identify factors leading to change. The Foundation
shall take the relevant Community policies into account when carryingout its tasks. It shall advise the Community institutions on foreseeableobjectives and guidelines by forwarding in particular scientific informa-tion 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:
— manat work,
— organization of work and particularly job design,
— problems peculiar to certaincategories of workers,
— long-terms aspects of improvement of the environment,— distributionof humanactivities inspace an d intime.
Article 3
1. Inorder to achieve its aim, the Foun dationshall 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 out certainstudies;
(d) organize courses, conferences and seminars.
2. The Foundation shall cooperate as closely as possible with specia-
lized institutes, foundations and bodies in the Member States or atinternational 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 legalpersons.
2. The seat of the Foundation shall be in Ireland.
Article 5
The Foundation shall comprise:
— anAdmin istrative Board,
— a director and deputy director,— a Committee of Experts.
Article 6
1. The Administrative Board shall consist of ►
A348◄members,
of whom:
(a)►A3fifteen◄members shall represent the Governments of the
Member States;
(b)►A3fifteen◄members shall represent the employer's organiza-
tions;
(c)►A3fifteen◄members shall represent the employee's organiza-
tions;
(d) three members shall represent the Commission.1975R1365 — EN — 01.10.2003 — 005.001 — 3
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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 foreach of the abovementioned categories. The Council shall at the same
time appoint under the same conditions an alternate to attend meetings
of the Administrative Board only in the absence of the member. TheCommission shall appoint the members and alternates who are to repre-sent it.
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 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
deputy chairmenfrom amon g its members, to serve for a period ofone 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 abso-
lute 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. Onthe basis of a draft submitted by the director, the Admin -istrative Board shall, in agreement with the Commission, adopt theprogramme 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 thanthe Commun ity.
Article 8
1. The director and deputy director of the Foundation shall be
appointed by the Commission from a list of candidates submitted bythe Administrative 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 legal representa-tive 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 for
their recruitment and dismissal and for stipulating the qualifications
required of them.
3. The director shall prepare the activities of the Administrative
Board. The director, or the deputy director, or both shall attend themeetings 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 ►
A315◄members
appointed by the Council on a proposal from the Commission and1975R1365 — EN — 01.10.2003 — 005.001 — 4
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selected from among scientific and other circles concerned in the Foun-
dation's activity.
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 workingconditions;
— the need for the best possible scientific and technical advice;— 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), shallbe communicated simultaneously to the director and the AdministrativeBoard.
2. The Committee shall select a chairmanfrom amon g 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 sevenof its members.
Article 12
1. The director shall draw up an annual programme of work before
1 July each year onthe basis of the guidelin es referred to inArticle 7.The annual programme shall be part of a four-year rolling programme.
The projects in the annual programme shall be accompanied by an esti-
mate 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 ofany relevant work and studies which they are carrying out themselves.
2. The director shall forward the programme of work to the Admin-
istrative Board for approval.
Article 13
1. The Administrative Board shall adopt the annual report on the
Foundation's activities and prospects, and forward it by 15 June at thelatest to the European Parliament, the Council, the Commission, theEuropean Economic and Social Committee and the Court of Auditors.
2. The Foundation shall forward annually to the budgetary authority
any information relevant to the outcome of the evaluation procedures.
Article 14
1. Estimates of all the revenue and expenditure of the Foundation
shall be prepared for each financial year, corresponding to the calendar
year, and shall be shown in the budget of the Foundation, which shallinclude an establishment plan.
2. The revenue and expenditure shown in the budget of the Founda-
tionshall be inbalan ce.1975R1365 — EN — 01.10.2003 — 005.001 — 5
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Article 15
1. Each year the Administrative Board, on the basis of a draft drawn
up by the Director, shall produce an estimate of revenue and expendi-
ture for the Foundation for the following financial year. This estimate,which shall include a draft establishment plan, shall be forwarded bythe Administrative Board to the Commission by 31 March at the latest.
2. The estimate shall be forwarded by the Commissionto the
European Parliament and the Council (hereinafter referred to as the
budgetary authority) together with the preliminary draft general budget
of the European Union.
3. Onthe basis of the estimate the Commissionshall en ter inthe
preliminary draft general budget of the European Union the estimatesit deems necessary for the establishment plan and the amount of the
subsidy to be charged to the general budget, which it shall place before
the budgetary authority inaccordan ce with Article 272 of the Treaty.
4. The budgetary authority shall authorise the appropriations for the
subsidy to the Foundation.
The budgetary authority shall adopt the establishment plan for the
Foundation.
5. The budget of the Foundation shall be adopted by the Administra-
tive Board. It shall become final following final adoption of the generalbudget of the European Union. Where appropriate, it shall be adjustedaccordingly.
6. The Administrative Board shall, as soon as possible, notify the
budgetary authority of its intention to implement any project whichmay have significant financial implications for the funding of itsbudget, in particular any projects relating to property such as the rentalor purchase of buildings. It shall inform the Commission thereof.
Where a branch of the budgetary authority has notified its intention to
deliver an opinion, it shall forward its opinion to the AdministrativeBoard withina period of six weeks from the date of n otificationofthe project.
Article 16
1. The financial rules applicable to the Foundation shall be adopted
by the Administrative Board after the Commission has been consulted.
They may not depart from Commission framework Financial Regula-tion(EC, Euratom) No 2343/2002 of 19 November 2002 ontheframework Financial Regulation for the bodies referred to in Article185 of Council Regulation (EC, Euratom) No 1605/2002 on the Finan-cial Regulationapplicable to the gen eral budget of the European
Communities (
1) unless specifically required for the Foundation's opera-
tion and with the Commission's prior consent.
2. The Director shall implement the budget of the Foundation.3. By 1 March at the latest following each financial year, the Foun-
dation's accounting officer shall communicate the provisional accounts
to the Commission's accounting officer together with a report on the
budgetary and financial management for that financial year. TheCommission's accounting officer shall consolidate the provisionalaccounts of the institutions and decentralised bodies in accordancewith Article 128 of the general Financial Regulation.
4. By 31 March at the latest following each financial year, the
Commission's accounting officer shall forward the Foundation's provi-sional accounts to the Court of Auditors, together with a report on thebudgetary and financial management for that financial year. The reporton the budgetary and financial management for the financial year shallalso be forwarded to the European Parliament and the Council.1975R1365 — EN — 01.10.2003 — 005.001 — 6
(1) OJ L 357, 31.12.2002, p. 72 with Corrigendum in OJ L 2, 7.1.2003.
▼M2
5. On receipt of the Court of Auditors' observations on the Founda-
tion's provisional accounts, pursuant to Article 129 of the generalFinancial Regulation, the Director shall draw up the Foundation's final
accounts under his own responsibility and submit them to the Adminis-
trative Board for an opinion.
6. The Administrative Board shall deliver an opinion on the Founda-
tion's final accounts.
7. The Director shall, by 1 July at the latest following each financial
year, forward these final accounts to the European Parliament, the
Council, the Commission and the Court of Auditors, together with theAdministrative Board's opinion.
8. The final accounts shall be published.
9. The Director shall send the Court of Auditors a reply to its obser-
vations by 30 September at the latest. He shall also send this reply to
the Administrative Board.
10. The Director shall submit to the EuropeanParliamen t, at the
latter's request, any information required for the smooth application of
the discharge procedure for the financial year in question, as laid downin Article 146(3) of the general Financial Regulation.
11. The European Parliament, on a recommendation from the
Council acting by a qualified majority, shall, before 30 April of yearN + 2, give a discharge to the Director of the Foundation in respectof the implementation of the budget for year N.
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, notto disclose information of the kind covered by the obligation of profes-sional secrecy.
Article 18a
1. Regulation (EC) No 1049/2001 of the European Parliament and
of the Council of 30 May 2001 regarding public access to European
Parliament, Council and Commission documents (
1) shall apply to
documents held by the Foundation.
2. The Administrative Board shall adopt practical arrangements for
implementing Regulation (EC) No 1049/2001 within six months ofentry into force of Council Regulation (EC) No 1649/2003 of 18 June2003 amending Regulation (EEC) No 1365/75 on the creation of aEuropean Foundation for the improvement of living and workingconditions and repealing Regulation (EEC) No 1417/76 (
2).
3. Decisions taken by the Foundation under Article 8 of Regulation
(EC) No 1049/2001 may form the subject of a complaint to the
Ombudsmanor of anactionbefore the Court of Justice of the
European Communities, under the conditions laid down in Articles195 and 230 of the Treaty respectively.1975R1365 — EN — 01.10.2003 — 005.001 — 7
(1) OJ L 145, 31.5.2001, p. 43.
(2) OJ L 245, 29.9.2003, p. 25.▼M1
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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 EuropeanCommun ities shall have jurisdic-
tion to give judgment pursuant to any arbitration clause contained 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 orits servants in the performance of their duties.
The Court of Justice of the EuropeanCommun ities shall have jurisdic-
tion 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 Foun-dation.
Article 22
Member States, members of the Administrative Board and third parties
directly and personally involved may refer to the Commission any actof the Foundation, whether express or implied, for the Commission toexamine the legality of that act.
Referral shall be made to the Commissionwithin15 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 beentakenwithinthis period, the case shall be deemed to havebeendismissed.
Article 23
This Regulation shall enter into force on the third day following its
publicationinthe Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable
inall Member States.1975R1365 — EN — 01.10.2003 — 005.001 — 8