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ï cîf COMMISSION OF THE EUROPEAN COMVIUNITIES 
C0M(94) 233 final 
Brussels, 03.06.1994 
Amended proposal for a 
COUNCIL REGULATION (EC) 
for a Council Regulation establishing a European Agency 
for Safety and Health at Work 
(presented by the Commission pursuant to Article 189 A (2) 
of the EC-Treaty) 
X 
EXPLANATORY MEMORANDUM 
Following the opinion of the European Parliament of 21 April 1994 the Commission 
presents to the Council a modified proposal which takes over 13 of the 35 amendments 
presented by Parliament. 
Amendments N° 1, 2, 5, 8, 11, 12, 13, 28 and 32 have been accepted as they give 
useful precisions to the text. 
Also amendments N° 3, 25, 34 and 35 have been taken over. Amendment N° 3 urges 
the need to establish close links between the Agency and the Advisory Committee on 
Safety, Hygiene and Health at Work. To formalize this request the Commission 
proposes a modification to article 10 providing for the consultation of this Advisory 
Committee on the multi-annual rolling programme as well as on the annual work 
programme of the Agency. 
Amendment N° 25 requires that the chairman of the Administrative Board has to be 
elected; amendment N° 34 provides for the use of all Community languages; and 
amendment N° 35 introduces a review of the tasks of the Agency in five years, allowing 
a reassessment of priorities. 
The ideas contained in amendments N" 4 (use of the Translation Centre for Bodies of 
the European Union) and N° 9 (adding the collection and dissemination of scientific and 
technical information to the tasks) have been integrated with only slight changes in the 
wording. 
The Commission does not oppose the transfer of tasks from the European Foundation 
for the Improvement of Living and Working Conditions where they are clearly within 
the terms of reference of the Agency. However this transfer cannot be made 
immediately as of its creation as suggested by amendment N° 6. Furthermore it is 
useless to repeat the decision of the European Council on the Seat of the Agency. 
Therefore these ideas have been incorporated into the preamble of the modified 
proposal. 
The Commission has not retained amendment N° 7 as it sought to amend article 2 
(dealing with objectives) by entering into detailed descriptions of tasks of the Agency. 
This departs from the structure of the text and also deletes an important reference to the 
action programmes. 
Amendment N° 10 would extend the role of the Agency to a form of consultancy 
service for companies and for social partners' organizations. The intention of the 
corresponding part of the Commission's proposal was to identify and to place emphasis 
on the needs for cooperation of direct usefulness for SMEs rather than to dispense direct 
assistance to enterprises in general. 
3 
Amendments N* 14 to 19 concern the detail to be introduced into the structure of the 
network. The amendments would deviate too much from the structure of second 
generation agencies such as the Environmental Agency and in some respects take away 
the necessary flexibility allowing for national specificity. Similar arguments led the 
Commission also to reject amendment N° 20. In addition, the imperative request it 
contains for competitive tendering on all expenditures could be counter productive. It 
is preferable to regulate this question in the Internal Financial Rules. 
Amendments N" 21, 22, 27, 30 and 33 are not supported by the Commission as they 
are legally or institutionnally unsound (i.e. legal capacity of the Agency, consultation 
of a Parliamentary Committee, confidentiality of documents). Nor does the Commission 
share the idea that the Executive Director should possess scientific qualifications as an 
obligation as suggested in amendment N° 31. In the final analysis it is up to the 
Administrative Board to define the profile. In the opinion of the Commission the annual 
comparison of achievements of the Agency in respect of the programme which the 
Parliament would require from the Commission by amendment N° 29 is more 
appropriately undertaken by the Executive Director. 
Amendments N° 23, 24, 26 proposing an Administrative Board of 39 persons, are not 
accepted by the Commission. The need for the social partners to be fully represented 
on the Board does not automatically imply that the Board of the Agency should be of 
the same size as "first generation agencies". 
*i 
Proposal of the Commission 
OJ C 271 du 16.10.1991) 
PREVIOUS TEXT 
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 (1), and in its action 
programme concerning the 
implementation of the Community 
Charter of Fundamental Social 
Rights for Workers (2); 
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; 
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 AMENDED TEXT 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty 
establishing the European 
Community, and in particular 
Article 235 thereof, 
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Proposal of the Commission 
OJ C 271 du 16.10.1991) 
PREVIOUS TEXT 
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 information 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 
organisations 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 organisations, 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 monitoring the 
application of Community law, the 
Commission needs a flexible 
instrument designed to collect 
and process information, with a 
structure and 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 ; AMENDED TEXT 
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"Whereas the decision of 29 
October 1993 taken jointly by 
common agreement between the 
Representatives of the 
Governments of the Member States, 
meeting at Heads of State and 
Government level (4), stated that 
the seat of the European Agency 
for safety and health at work 
G 
Proposal of the Commission 
OJ C 271 du 16.10.1991) 
PREVIOUS TEXT 
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 Members States in the aims of 
the Agency; 
Whereas the Agency must have 
legal autonomy, while maintaining 
close links with the Community 
institutions; AMENDED TEXT 
shall be in Spain, in a city to 
be designated by the Spanish 
government; whereas the Spanish 
government has designated Bilbao 
as the seat of the Agency; 
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, Community and 
international bodies; 
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Whereas the Agency must have 
legal autonomy, while 
maintaining close links with the 
Community bodies and in 
particular the European 
Foundation for the improvement of 
Living and Working Conditions; 
Whereas the Agency will have very 
close operational links with the 
Commission and with the Advisory 
Committee on Safety, Hygiene and 
Health Protection at Work; 
Whereas, for its translations, 
the Agency will make use of the 
translation Center for Bodies of 
the European Union; 
Whereas a grant shall be made 
from the Community budget for the 
running of the Agency; whereas 
the amount considered necessary 
shall be determined during the 
annual budgetary procedure and in 
accordance with the Financial 
Perspective; 
Whereas once the tasks of the 
Agency have been determined 
projects relevant to those tasks 
at present carried out by the 
European Foundation for 
Improvement of Living and Working 
? 
Proposal of the Commission 
OJ C 271 du 16.10.1991) 
PREVIOUS TEXT 
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: AMENDED TEXT 
Conditions should be rounded off 
and/or handed over to the Agency 
to ensure consistency. 
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HAS ADOPTED THIS REGULATION: 
Article 1 
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Article 2 
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Article 3 
L. For the purpose of achieving 
the aim described in Article 
2, the Agency's role shall 
be: 
s 
Proposal of the Commission 
OJ C 271 du 16.10.1991) 
PREVIOUS TEXT 
(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 organisations involved at 
Community level; 
(c) to promote the exchange of 
information and be 
responsible for its 
dissemination to all those 
concerned; 
(d) to organise 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 harmonised; 
(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 
exploitation of research 
results, on matters relating 
to safety and health at the 
workplace; AMENDED TEXT 
(a) to provide the Commission 
with the technical and 
scientific assistance 
necessary for the preparation 
and evaluation of measures 
envisaged in this field; 
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(c) to gather, collate, and 
promote the exchange of 
scientific and technical 
information on priorities, 
programmes, risk prevention 
and research in the field of 
safety and health at work, 
together with other 
activities which have a 
bearing on safety and health 
at work, and to be 
responsible for dissemination 
of such information to all 
those concerned; 
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g) to cooperate with other 
Community bodies and 
programmes, and in 
particular with the European 
Foundation for the 
Improvement of Living and 
Working Conditions, the 
Statistical Office of the 
Commission and the Community 
research programmes for the 
definition of research 
requirements and exploitation 
of research results, on 
matters relating to safety 
s 
Proposal of the Commission 
OJ C 271 du 16.10.1991) 
PREVIOUS TEXT 
(h) to cooperate with other 
international organisations 
such as the World Health 
Organisation and the 
International Labour Office, 
and with other institutions 
and organisations in non-
member countries; 
(i) to carry out other tasks laid 
down by the Commission with 
the agreement of the 
Administrative 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. AMENDED TEXT 
and health at the workplace; 
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Deleted 
(i) to commission studies on 
matters relating to safety 
and health at the workplace; 
2. The agency shall work as 
closely as possible with 
specialised institutions, 
foundations and bodies 
throughout the Community, in 
Member States and at 
international level whose 
activities could affect 
safety and health at work, 
such as the European 
Foundation for the 
Improvement of Living and 
Working Conditions, the 
European Environment Agency, 
the European Drugs Monitoring 
Centre and Community Research 
Centers. 
Such co-operation shall in 
particular take account of 
the need to avoid duplication 
of effort. 
Article 4 
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Ao 
Proposal of the Commission 
OJ C 271 du 16.10.1991) 
PREVIOUS TEXT 
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 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 organisations 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 
organisations in their 
territory which might be 
specifically appointed to work 
with the Agency on certain 
topics of particular interest. 
Any such institution or other 
organisation 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 
organisations 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 AMENDED TEXT 
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yiA 
Proposal of the Commission 
OJ C 271 du 16.10.1991) 
PREVIOUS TEXT 
appointment may be renewed. 
The specific tasks of the 
thematic centres shall be 
listed in the Agency's annual 
work programme referred to in 
Article i0(l). 
The Agency shall, in the light 
of experience, periodically 
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 
designations 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. 
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. AMENDED TEXT 
6. The specific tasks of the 
thematic centres shall be 
listed in the Agency's annual 
work programme referred to in 
Article 10(2). 
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Article 5 
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Article 6 
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A% 
Proposal of the Commission 
OJ C 271 du 16.10.1991) 
PREVIOUS TEXT 
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 organisations and 
six representatives from 
employers' professional 
organisations, and 
(c) three Commission 
representatives. 
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. 
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. 
The members of the 
Administrative Board shall be 
appointed for three years and 
their appointments shall be AMENDED TEXT 
Article 7 
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Article 8 
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A-5 
Proposal of the Commission 
OJ C 271 du 16.10.1991) 
PREVIOUS TEXT 
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 
Administrative Board shall 
have one vote. 
5. The Chairman shall call a 
meeting of the Administrative 
Board at least twice a year 
and, in addition, at the 
request of at least one-third 
of the members. 
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 representative 
of non-member countries and 
international organisations 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. AMENDED TEXT 
4. The Administrative Board 
shall elect its Chairman. 
Each member of the 
Administrative Board shall 
have one vote. 
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Article 9 
The Administrative board may, 
after consulting the Commission, 
invite representatives of non-
member countries, Community 
bodies and international 
organisations as observers. 
Article 10 
1. The Administrative Board 
shall adopt a four year 
rolling programme for the 
Agency covering the areas 
referred to in Article 3 
after consulting the Advisory 
Committee on Safety, Hygiene 
and Health Protection at 
AH 
Proposal of the Commission 
OJ C 271 du 16.10.1991) 
PREVIOUS TEXT 
The programme may be adapted 
during the year using the 
same procedure. 
2. By 31 January each year at 
the latest, the 
Administrative 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: AMENDED TEXT 
2. Work, and the Commission. The 
first programme shall be 
adopted within nine months of 
the entry into force of this 
regulation. 
Under the rolling programme, 
the Administrative Board 
shall adopt an annual work 
programme after consulting 
the Advisory Committee on 
Safety, Hygiene and Health 
Protection at Work and the 
Commission. The work 
programme may be adjusted in 
the course of the year by the 
same procedure. 
3. By 31 January each year at 
the latest, the 
Administrative Board shall 
adopt an annual general 
report on the Agency's 
activities, in all Community 
languages. This report shall 
in particular compare the 
results achieved with the 
annual work programme's 
objectives. The Executive 
Director shall communicate it 
to the European Parliament, 
the Council, the Commission, 
the Economic and Social 
Committee and the Member 
States. The annual report 
shall be published. 
Article 11 
The Agency shall be run by an 
Executive Director appointed 
by the Administrative Board 
on a proposal from the 
Commission for a period of 
five years; the appointment 
shall be renewable. 
The Executive Director shall 
be the legal representative 
of the Agency and shall be 
responsible for: 
/s' 
Proposal of the Commission 
OJ C 271 du 16.10.1991) 
PREVIOUS TEXT 
3. 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. 
The Director shall report on 
his activities to the 
Administrative Board. 
Article 12 
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. 
Revenue and expenditure shall 
balance. 
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 
infrastructure costs, 
operating costs and 
expenditure relating to 
contracts entered into with 
institutions or organisations 
in implementation of the work 
programme. AMENDED TEXT 
the proper preparation and 
implementation of the 
programmes and of decisions 
taken by the Administrative 
Board, 
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3. The Executive Director shall 
report on his activities to 
the Administrative Board. 
Article 12 
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A(° 
Proposal of the Commission 
OJ C 271 du 16.10.1991) 
PREVIOUS TEXT AMENDED TEXT 
Article 13 
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. 
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 authorisation and payment 
of all the Agency's 
expenditure and the 
determination and collection 
of all its revenue. Article 13 
3. By 15 February each year at 
the latest, the Executive 
Director shall draw up a 
preliminary draft budget for 
the following year and shall 
forward it to the 
Administrative Board, 
together with a list of 
posts. 
The Administrative Board 
shall draw up the draft 
budget and list of posts and 
shall forward it to the 
Commission on 31 March at the 
latest. On this basis the 
Commission shall decide on 
the estimates to be entered 
in the preliminary draft of 
the General Budget of the 
European Communities, which 
it shall place before the 
Council, in accordance with 
Article 203 of the EC Treaty. 
The Administrative Board 
shall adopt the Agency's 
budget and list of posts by 
the start of the financial 
year, making any adjustments 
required to the Community 
subsidy and the Agency's 
other resources. 
Article 14 
1. The Executive Director shall 
implement the Agency's 
budget. 
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Proposal of the Commission 
OJ C 271 du 16.10.1991) 
PREVIOUS TEXT 
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. 
The Administrative Board 
shall give a discharge to the 
Director in respect of the 
implementation of the budget. 
Article 15 
With the agreement of the 
Commission, the Administrative 
Board shall make the internal 
financial arrangements, 
specifying in particular the 
detailed rules to be adopted for 
establishing and implementing the 
Agency's budget. 
Article 16 
The Protocol on the Privileges 
and Immunities of the European 
Communities shall apply to the 
Agency. AMENDED TEXT 
By 31 March each year at the 
latest, the Executive 
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 188c of the EC 
Treaty. 
The Administrative Board 
shall give a discharge to the 
Executive Director in respect 
of the implementation of the 
budget. 
Article 15 
After consulting the Commission 
and the Court of Auditors, the 
Administrative Board shall draw 
up the internal financial 
regulations specifying in 
particular the detailed rules to 
be adopted for establishing and 
implementing the Agency's budget, 
Article 16 
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Article 17 
The European Communities' 
arrangements pertaining to the 
use of languages shall apply to 
the Agency. 
.AS 
Proposal of the Commission 
OJ C 271 du 16.10.1991) 
PREVIOUS TEXT 
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. 
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 18 
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. 
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. 
The Court of Justice shall 
have jurisdiction in any 
disputes relating to 
compensation for such 
damages. 
The personal liability of its 
servants towards the Agency 
shall be governed by the 
provisions applicable to the 
Agency's personnel. AMENDED TEXT 
Article 18 
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Article 19 
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Article 20 
No later than five years after 
the entry into force of this 
A3 
Proposal of the Commission 
OJ C 271 du 16.10.1991) 
PREVIOUS TEXT 
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. 
(1) OJ No C 28, 3.2.1988, p. 3 
(2) COM(89) 568 final, 29.11.1989 
(3) OJ No C 28, 3.2.1988, p.l 
(4) OJ No C 323, 30.11.1993, p. 1 AMENDED TEXT 
regulation and after consulting 
the European Parliament, the 
Council shall, on the basis of a 
Commission proposal, take a 
decision on the allocation of 
further assignments to the 
Agency. 
Article 21 
unchanged 
unchanged 
&D 
ISSN 0254-1475 
COM (94) 233 final 
DOCUMENTS 
EN 04 
Catalogue number : CB-CO-94-247-EN-C 
ISBN 92-77-69612-5 
Office for Official Publications of the European C^imiiuiiities 
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