No C 86/12 Official Journal of the European Communities 4. 4. 90 
Proposal for a Council Regulation (EEC) establishing a European Training Foundation 
COM(90) 15 final/3 
(Submitted by the Commission on 8 February 1990) 
(90/C 86/06) 
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 the European Council meeting at Strasbourg on 
8 and 9 December 1989 called upon the Council to 
adopt, at the beginning of 1990, the necessary decisions 
for the establishment of a European Training Foundation 
for Central and Eastern Europe, acting on the basis of a 
proposal from the Commission; 
Whereas the Council has adopted Regulation (EEC) No 
3906/89 (*) on economic aid to Poland and Hungary; 
Whereas in this context the European Training Foun­
dation would contribute to the development of the 
training systems of Central and Eastern European 
countries, starting with Poland and Hungary; 
Whereas the European Training Foundation's activities 
form part of the overall programming of priorities and 
funding for Community assistance to Poland and 
Hungary; 
Whereas the Community's experience in implementing a 
common policy for vocational training and its application 
can be applied to assist the development of training in 
other countries; 
Whereas it is necessary to develop joint training 
initiatives for the benefit of Central and Eastern 
European countries, starting with Poland and Hungary; 
Whereas there exist in the Community and in third 
countries regional or national, public or private facilities 
capable of cooperating in the development of training 
initiatives; 
(') OJ No L 375, 23. 12. 1989, p. 11. Whereas the status and structure of the European 
Training Foundation should facilitate a flexible response 
to the specific and differing requirements of the indi­
vidual countries to be assisted, and allow it to carry out 
its functions in close cooperation with the existing 
national and international facilities; 
Whereas the European Training Foundation should be 
given legal personality, while maintaining a close institu­
tional relationship with the Commission and respecting 
the overall political responsibilities of the Community 
and its institutions; 
Whereas the European Training Foundation should have 
close links with the European Centre for the Devel­
opment of Vocational Training (Cedefop) including the 
sharing of premises and certain facilities; 
Whereas the European Training Foundation shall be 
open to the participation of countries which are not 
members of the European Community and which share 
the commitment of the Community and the Member 
States to the provision of assistance to Central and 
Eastern Europe in the training field; 
Whereas the Treaty has not provided the specific powers 
necessary for setting up a European Training Foun­
dation, 
HAS ADOPTED THIS REGULATION: 
Article 1 
This Regulation establishes the European Training Foun­
dation (hereinafter referred to as 'the Foundation') 
whose objective is to contribute to the development of 
the vocational training systems of Central and Eastern 
European countries, starting with Poland and Hungary. 
It shall in particular seek to promote effective 
cooperation between the Community and the beneficiary 
countries in the field of vocational training and 
contribute to the coordination of assistance. 
Article 2 
For the purpose of achieving the objectives set out in 
Article 1, the Foundation shall: 
(i) provide assistance in the definition of training needs 
and priorities and in the implementation of 
measures of technical assistance in the training 
field, and to cooperate with designated bodies in 
Central and Eastern European countries as appro­
priate ; 
4. 4. 90 Official Journal of the European Communities No C 86/13 
(ii) act as a clearing house to provide the Community, 
the Member States and participating third 
countries, together with beneficiary countries and 
all other interested parties, with information on 
current initiatives and future needs in the training 
field, and serve as a channel through which offers 
of assistance can be filtered; 
(iii) examine the scope for joint ventures of training 
assistance, for the setting up of specialized multina­
tional teams for specific projects and for identifying 
operations which could be co-financed; 
(iv) arrange for appropriate specialized agencies or 
private bodies with the necessary expertise to 
implement and manage individual projects on a 
flexible, decentralized basis; 
(v) on behalf of the Commission, assist in establishing a 
system for the monitoring and evaluation of 
training assistance to Central and Eastern Europe; 
(vi) disseminate information and encourage exchanges 
of experience, by means of publications, meetings, 
and the like; 
(vii) undertake such other tasks as may be defined by 
the Commission in agreement with the Governing 
Board. 
Article 3 
The Foundation shall work in the training field, covering 
initial and continuing vocational training for young 
people and adults, paying appropriate attention to 
management training. 
Article 4 
1. The Foundation shall have legal personality. It shall 
enjoy in all the Member States the most extensive legal 
capacity accorded to legal persons under their laws; it 
may, in particular, acquire or dispose of movable and 
immovable property and may be a party to legal 
proceedings. It shall be non-profit making. It shall share 
accommodation and facilities and other appropriate 
infrastructure, at the location of the European Centre for 
the Development of Vocational Training (hereinafter 
referred to as 'Cedefop'). The Foundation shall seek the 
cooperation of other Community bodies, in particular 
Cedefop. 
2. The Foundation shall be responsible for fulfilling 
the tasks set out in Article 2. 
3. The Foundation shall publish periodic reports on its 
work. Article 5 
1. The Foundation shall have a Governing Board 
consisting of one representative of each Member State 
and three representatives of the Commission. Each 
member of the Governing Board may be represented by 
an alternate representative. 
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 the 
Commission. It shall adopt its rules of procedure. 
Decisions of the Governing Board shall require a simple 
majority. 
5. The Chairman shall convene the Governing Board 
at least once a year. He shall be responsible for 
informing the Board of other Community activities 
relevant to their work and of the expectations from the 
Foundation in the forthcoming year. 
6. On the basis of a draft submitted by the Director, 
the Governing Board shall adopt, by 30 November each 
year at the latest, the Annual Work Programme of the 
Foundation for the following year in agreement with the 
Commission. 
7. The Governing Board shall approve the setting up 
of ad hoc working groups on a project-by-project basis 
involving all the relevant financing countries. 
8. The Governing Board shall, by 31 March each year 
at the latest, present a draft annual report on the acti­
vities of the Foundation for the previous year and their 
financing to the Commission. The Commission shall 
approve the annual report and submit it to the European 
Parliament, the Economic and Social Committee, the 
Member States and participating third countries as 
referred to in Article 15. 
Article 6 
1. The Director of the Foundation shall be appointed 
by the Commission from a list of candidates, with 
significant experience in the field of business 
management and/or training, submitted by the 
Governing Board. His term of office shall be five years, 
which shall be renewable. He shall be responsible for: 
— the preparation and organization of the work of the 
Governing Board, and of any ad hoc working groups 
convened by the Governing Board. In particular, he 
shall be responsible for the preparation of the draft 
annual work programme of the Foundation, 
— the day-to-day administration of the Foundation, 
— the preparation of the statement of revenue and 
expenditure and execution of the budget of the 
Foundation, 
No C 86/14 Official Journal of the European Communities 4. 4. 90 
— the preparation and publication of reports specified 
under this Regulation, 
— all staff matters, 
— undertaking the tasks referred to in Article 2. 
2. He shall be accountable to the Governing Board 
for his activities. 
3. The Commission may, for good and sufficient 
reason, having sought the opinion of the Governing 
Board, replace the Director. 
Article 7 
1. Representatives of the social partners at European 
level which are already active in the work of the 
Community institutions may be associated with the work 
of the Foundation. 
2. International organizations active in the training 
field may be associated with the work of the Foundation. 
Article 8 
1. All the estimated revenue and expenditure of the 
Foundation shall be set out in the annual budget which 
shall include an establishment plan. 
2. Revenue and expenditure shall be in balance for 
each financial year which shall be the same as the 
calendar year. 
3. The revenue of the Foundation shall include, 
without prejudice to finance from other sources, a 
subsidy from the Community budget as well as payments 
received for services performed. 
4. The budget shall also include details of matching 
funds available for projects benefiting from financial 
assistance from the Foundation. 
Article 9 
1. The Director shall establish each year a proposed 
draft budget for the Foundation covering running costs 
and the proposed operational programme for the 
following financial year and shall submit it to the 
Governing Board. 
2. On this basis, the Governing Board, by 15 February 
at the latest, shall adopt a draft budget for the Foun­
dation and submit it to the Commission. 
3. The Commission shall evaluate the vocational 
training needs in Central and Eastern Europe in the 
framework of the general financial orientations on 
economic aid to these countries. It shall establish on this 
basis the annual contribution for the budget of the Foun­
dation to be included in the preliminary draft 
Community budget. 4. The Governing Board, after receiving the advice of 
the Commission, shall adopt the statement of revenue 
and expenditure at the beginning of each financial year, 
adjusting it to the several contributions granted to the 
Foundation and to its other resources. 
Article 10 
1. The Director shall implement the budget of the 
Foundation. 
2. The checking of the commitment and payment of 
all expenditure and the recording and recovery of all 
revenue of the Foundation will be undertaken by the 
Financial Controller appointed by the Commission from 
a list of candidates submitted by the Governing Board. 
3. By 31 March of each year at the latest, the Director 
shall submit to the Commission, to the Governing Board 
and to the Court of Auditors, the detailed accounts of all 
revenue and expenditure from the previous financial 
year. The Court of Auditors will examine these accounts 
in accordance with Article 206a of the Treaty. 
4. The Governing Board shall be empowered to 
discharge the Director for the implementation of the 
budget. 
Article 11 
The Governing Board shall set down, following consul­
tation of the Commission and of the Court of Auditors, 
detailed financial rules specifying notably the procedure 
for the establishment and implementation of the Foun­
dation's budget. 
Article 12 
The Protocol on the privileges and immunities of the 
European Communities shall apply to the Foundation. 
Article 13 
The statutory personnel of the Foundation shall be 
subject to the rules and regulations which apply to the 
staff of Cedefop. 
Article 14 
1. The contractual liability of the Foundation shall be 
governed by the proper law of the contract in question. 
2. In the case of non-contractual liability, the Foun­
dation shall, in accordance with the general principles 
common to laws of the Member States, make good any 
damage caused by the Foundation or its servants in the 
performance of their duties. The Court of Justice shall 
have jurisdiction in disputes relating to compensation for 
any such damage. 
3. The personal liability of servants towards the Foun­
dation shall be governed by the relevant provisions 
applying to the staff of the Foundation. 
4. 4. 90 Official Journal of the European Communities NoC 86/15 
Article 15 
1. The Foundation shall be open to the participation 
of countries which are not members of the European 
Community, and which share the commitment of the 
Community and the Member States to the provision of 
assistance to Central and Eastern Europe in the training 
field, under arrangements to be laid down in conventions 
between the Community and themselves, following the 
procedure laid down in Article 228 of the Treaty. 
2. The conventions shall in particular specify the 
nature and extent of the participation by these countries 
in any decision to enlarge or amend the scope of the 
Foundation's work, specifically with respect to the 
Central and Eastern European countries receiving 
assistance from the Foundation. They shall also include 
provisions on financial contributions and staff. 3. Participation of such countries in the ad hoc project 
working groups provided for in Article 5 (7) may be 
decided as necessary by the Governing Board without 
the need for a convention. 
Article 16 
The Commission shall establish a review procedure of 
the experience acquired in the work of the Foundation 
and shall undertake a first review before 31 December 
1992. 
Article 17 
This Regulation shall enter into force on the third day 
following that of 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.