16. 10.91 Official Journal of the European Communities No C 271/3 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Regulation (EEC) establishing a European Agency for Safety and 
Health at Work 
(91/C 271/03) 
COM(90) 564 final 
(Submitted by the Commission on 30 September 1991) 
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, 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas safety, hygiene and health at work are among 
the priorities for an effective social policy; 
Whereas the Commission has described the measures 
which it intends to take in these fields in its programme 
concerning safety, hygiene and health at work (*), and in 
its action programme concerning the implementation of 
the Community Charter of Fundamental Social Rights 
for Workers O; 
Whereas, in its resolution of 21 December 1987 (3), the 
Council welcomed the Commission communication on 
its programme concerning safety, hygiene and health at 
work, and, inter alia, called on the Commission to 
examine ways of improving the exchange of information 
and experience in the field of health and safety at work, 
in particular as regards the gathering and dissemination 
of data and the advisability of setting up Community 
machinery to study the repercussions at national level of 
Community measures in this field; 
(') OJ No C 28, 3. 2. 1988, p. 3. 
(2) COM(89) 568 final, 29. 11. 1989. 
(J) OJ No C 28, 3. 2. 1988, p. 1. Whereas this resolution also called for intensified 
cooperation with and between the bodies active in this 
field; 
Whereas the Council also stressed the fundamental 
importance of workers being aware of the issues involved 
and having access to information and, if necessary, to 
training if the measures recommended in the 
Commission's programme were to prove successful; 
Whereas detailed, reliable and objective economic, 
technical and scientific data need to be collected, 
processed and analysed in order to provide the 
Commission and the Member States with the infor­
mation to enable them to respond to all the requests 
addressed to them, to introduce essential measures for 
the protection of the health and safety of workers and to 
provide those concerned with adequate information; 
Whereas there are already organizations in the 
Community and the Member States which provide this 
type of information and services; 
Whereas, in order to obtain the maximum benefit at 
Community level from work already carried out by these 
organizations, it would be appropriate to establish a 
network to form a European monitoring system for 
collecting information on health and safety at work, to 
be coordinated at Community level by a European 
Agency for Safety and Health at Work; 
Whereas, in order to be able to respond more effectively 
to requests while maintaining its responsibility for moni­
toring the application of Community law, the 
Commission needs a flexible instrument designed to 
collect and process information, with a structure and 
No C 271/4 Official Journal of the European Communities 16. 10.91 
with working programmes geared to the Commission's 
own functional requirements and priorities; 
Whereas it is therefore appropriate to set up a European 
Agency for Safety and Health at Work responsible for 
assisting the Commission in carrying out the tasks 
described above; 
Whereas the rules and structure of the Agency must be 
geared towards the nature of the results desired and 
should be such that it can carry out its work in 
cooperation with existing national and international 
bodies; 
Whereas the Agency must be able to invite as observers 
representatives of third countries and international 
organizations who share the interests of the Community 
and the Member States in the aims of the Agency; 
Whereas the Agency must have legal autonomy, while 
maintaining close links with the Community institutions; 
Whereas, for the adoption of this Regulation, the Treaty 
does not provide for powers other than those referred to 
in Article 235, 
HAS ADOPTED THIS REGULATION: 
Article 1 
A European Agency for Safety and Health at Work, 
hereinafter called the 'Agency', is hereby established. 
Its headquarters are located at . . . in . . .. 
Article 2 
In order to promote the improvement of the working 
environment in particular, and to protect the safety and 
health of workers as provided for in the Treaty and 
successive action programmes concerning health and 
safety at the workplace, the aim of the Agency shall be 
to provide the Community, the Member States and those 
involved in the field with all the technical, scientific and 
economic information required in the field of safety and 
health at the workplace. 
Article 3 
For the purpose of achieving the aim described in Article 
2, the Agency's role shall be: 
(a) to provide the Commission with the technical and 
scientific assistance necessary for the formulation 
and evaluation of measures envisaged in this field; (b) to set up, with the help of the Member States, and 
coordinate the network provided for in Article 4 for 
the purpose of exchanging information and 
experience and, where appropriate, to coordinate the 
activities of the organizations involved at 
Community level; 
(c) to promote the exchange of information and be 
responsible for its dissemination to all those 
concerned; 
(d) to organize training courses for experts, including 
instructors, and, if necessary, exchanges between 
experts in the different Member States; 
(e) to help ensure that national data on safety and 
health at the workplace are comparable and to 
identify data which need to be harmonized; 
(f) to promote cooperation in monitoring the 
application of measures relating to safety and health 
at the workplace; 
(g) to cooperate with other Community bodies and 
programmes, and in particular with the Statistical 
Office and the Community research programmes for 
the definition of research requirements and exploi­
tation of research results, on matters relating to 
safety and health at the workplace; 
(h) to cooperate with other international organizations 
such as the World Health Organization and the 
International Labour Office, and with other 
institutions and organizations in non-member 
countries; 
(i) to carry out other tasks laid down by the 
Commission with the agreement of the Adminis­
trative Board. 
Article 4 
1. The Agency shall set up a network comprising the 
following: 
— the main components of the national information 
networks, 
— national focal points, 
— thematic centres. 
2. To enable the network to be set up as quickly and 
efficiently as possible, the Member States must notify the 
Agency within six months of the entry into force of this 
Regulation of the main components of their national 
information networks on health and safety at work, 
including any institutions which they feel might assist the 
16. 10.91 Official Journal of the European Communities No C 271/5 
Agency with its work, given that the geographical 
coverage of their territory needs to be as complete as 
possible. 
3. More particularly, they may specify among the 
institutions referred to in paragraph 2 or other organiz­
ations in their territory a 'national focal point' to be 
responsible for coordinating and/or forwarding national 
data to the Agency and the institutions or bodies 
belonging to the network, including the thematic centres 
referred to in paragraph 4. 
4. Within the period referred to in paragraph 2, the 
Member States may also nominate institutions or other 
organizations in their territory which might be speci­
fically appointed to work with the Agency on certain 
topics of particular interest. Any such institution or other 
organization should be in a position to conclude an 
agreement with the Agency to act as a thematic centre 
for the network, carrying out specific tasks for a clearly 
defined geographical area. The centres shall cooperate 
with other institutions or organizations belonging to the 
network. 
5. Within six months of receipt of the information 
referred to in paragraphs 2 and 3, the Agency shall 
confirm the main components of the network by 
means of a decision of the Administrative Board and 
in accordance with the arrangements referred to in 
Article 5. 
The thematic centres shall be appointed by a unanimous 
decision of the Administrative Board for a period of not 
more than three years. However, the appointment may 
be renewed. Article 6 
The information and data supplied to the Agency or 
disseminated by it may be published and shall be 
accessible to the public, provided that they comply with 
the rules of the Community and the Member States on 
the dissemination of information, particularly as regards 
confidentiality. 
Article 7 
The Agency shall have legal personality. In all Member 
States it shall have the most extensive legal capacity 
accorded to legal persons under their laws. 
Article 8 
1. The Agency shall have an Administrative Board 
consisting of: 
(a) a representative from each Member State; 
(b) 12 representatives from the two sides of industry in 
the Member States, comprising six representatives 
from workers' trade union organizations and six 
representatives from employers' professional organiz­
ations; and 
(c) three Commission representatives. 
2. The members referred to in paragraph 1 (a) and (b) 
shall be appointed by the Commission after consultations 
with the Member States. The members referred to in 
paragraph 1 (b) shall be chosen by the Commission from 
the members of the Advisory Committee on Safety, 
Hygiene and Health Protection at Work. 
6. The specific tasks of the thematic centres shall be 
listed in the Agency's annual work programme referred 
to in Article 10 (1). 
7. The Agency shall, in the light of experience, peri­
odically re-examine the main components of the network 
referred to in paragraph 2 and shall implement any 
changes decided upon by the Administrative Board, 
taking account, where appropriate, of any new desig­
nations by the Member States. 
Article 5 
The Agency may reach an agreement with the 
institutions or bodies belonging to the network referred 
to in Article 4 on the arrangements required, and 
particularly contracts, for them to carry out their tasks. 
Member States may stipulate that such arrangements 
with the Agency in respect of institutions or national 
bodies on their territory should be concluded in 
agreement with the national focal point. In addition to the members, the Commission shall 
appoint, by the same procedure, deputies who shall take 
part in meetings in the absence of the member. 
The members and deputies representing the Commission 
shall be appointed by the Commission. 
3. The members of the Administrative Board shall be 
appointed for three years and their appointments shall be 
renewable. On expiry of their term of office, or should 
they resign, the members shall remain in office until such 
time as their term of office is renewed or a replacement 
is found. 
4. The Administrative Board shall be chaired by a 
Commission representative. Each member of the Admin­
istrative Board shall have one vote. 
5. The Chairman shall call a meeting of the Adminis­
trative Board at least twice a year and, in addition, at the 
request of at least one-third of the members. 
No C 271/6 Official Journal of the European Communities 16. 10.91 
6. Decisions of the Administrative Board shall be 
taken by a two-thirds majority, without prejudice to 
Article 4 (5). 
7. The Chairman of the Administrative Board and the 
Director of the European Foundation for the 
improvement of Living and Working Conditions shall 
attend meetings of the Administrative Board as observers. 
Article 9 
The Administrative Board may, with the agreement of 
the Commission, invite representatives of non-member 
countries and international organizations as observers. 
Article 10 
1. The Administrative Board shall adopt the Agency's 
annual work programme on the basis of a draft drawn 
up by the Director in agreement with the Commission. 
The programme may be adapted during the year using 
the same procedure. 
2. By 31 January each year at the latest, the Adminis­
trative Board shall adopt an annual general report on the 
Agency's activities. The Director shall communicate it to 
the European Parliament, the Council, the Commission, 
the Economic and Social Committee and the Member 
States. 
Article 11 
1. The Agency shall be run by a Director appointed 
by the Administrative Board on a proposal from the 
Commission for a period of five years; the appointment 
shall be renewable. 
2. The Director shall be the legal representative of the 
Agency and shall be responsible for: 
— the proper preparation and implementation of the 
work programme and of decisions taken by the 
Administrative Board, 
— the day-to-day administration of the Agency, 
— the preparation and publication of the report referred 
to in Article 10, 
— the execution of the work described, 
— all personnel matters, 
— the preparation of Administrative Board meetings. 
3. The Director shall report on his activities to the 
Administrative Board. Article 12 
1. All the Agency's revenue and expenditure shall be 
covered by estimates for each financial year, running 
from 1 January to 31 December, and shall be shown in 
the Agency's budget. 
2. Revenue and expenditure shall balance. 
3. Without prejudice to other resources obtained from 
payments made for the services of the Agency, the 
Agency's revenue shall include a Community grant 
shown in the general budget of the European 
Communities. 
The Agency's main expenditure shall include 
remuneration of personnel, administrative and infra­
structure costs, operating costs and expenditure relating 
to contracts entered into with institutions or organiz­
ations in implementation of the work programme. 
Article 13 
1. By 15 February each year at the latest, after 
consulting the Administrative Board, the Director shall 
draw up a draft estimate of the Agency's revenue and 
expenditure for the following year, together with a list of 
posts. 
2. The Director shall forward the draft estimate to the 
Commission. On this basis the Commission shall decide 
on the estimates to be entered in the preliminary draft 
budget which it shall place before the Council, in 
accordance with Article 203 of the EEC Treaty. 
3. The Administrative Board shall adopt the Agency's 
budget by the start of the financial year in question, 
making any adjustments required to take account of the 
Community subsidy and the Agency's other resources. 
Article 14 
1. The Director shall implement the Agency's budget. 
2. The Commission's financial controller shall be 
responsible for supervising the authorization and 
payment of all the Agency's expenditure and the deter­
mination and collection of all its revenue. 
3. By 31 March each year at the latest, the Director 
shall send the Commission, the Administrative Board and 
the Court of Auditors the accounts of all the Agency's 
revenue and expenditure for the previous year. The 
Court of Auditors shall examine these accounts in 
accordance with Article 206a of the EEC Treaty. 
4. The Administrative Board shall give a discharge to 
the Director in respect of the implementation of the 
budget. 
16. 10.91 Official Journal of the European Communities No C 271/7 
Article 15 Article 18 
With the agreement of the Commission, the Adminis­
trative Board shall make the internal financial 
arrangements, specifying in particular the detailed rules 
to be adopted for establishing and implementing the 
Agency's budget. 1. The Agency's contractual liability shall be governed 
by the law applicable to the contract in question. The 
Court of Justice of the European Communities shall have 
jurisdiction pursuant to an arbitration clause contained in 
a contract concluded by the Agency. 
Article 16 
The Protocol on the Privileges and Immunities of the 
European Communities shall apply to the Agency. 2. In the case of non-contractual liability, the Agency 
shall, in accordance with the general principles common 
to the laws of the Member States, make good any 
damages caused by it or by its servants in the exercise of 
their duties. 
Article 17 
1. The staff of the Agency shall be subject to the 
administrative rules and regulations applicable to the 
officials and other servants of the European 
Communities. The Court of Justice shall have jurisdiction in any 
disputes relating to compensation for such damages. 
3. The personal liability of its servants towards the 
Agency shall be governed by the provisions applicable to 
the Agency's personnel. 
2. With regard to its personnel, the Agency shall have 
the powers conferred upon it by the appointing 
authority. 
3. The Administrative Board, in agreement with the 
Commission, shall lay down appropriate rules of 
application. Article 19 
This Regulation shall enter into force on the twentieth 
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.