Amended proposal for a Council Regulation (EC) amending for the second time Regulation (EEC) No 1360/90 establishing a European Training Foundation
Date: 1998-05-27
Institutions: European Commission
Subjects: Central and Eastern Europe, European Training Foundation, Mediterranean third countries, cooperation policy, vocational training

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 27.05.1998 

COM(1998) 337 final 

97/0126 (CNS) 

Amended proposal for a 

COUNCIL REGULATION (EC) 

amending for the second time Regulation (EEC) No 1360/90 

establishing a European Training Foundation 

(presented by the Commission pursuant to Article  189 a (2) 
of the EC-Treaty) 

EXPLANATORY  MEMORANDUM 

I. 

INTRODUCTION 

1.1 

1.2 

1.3 

1.4 

On  28  April  1997,  the  Commission  presented  a  proposal  for  a  Council 
Regulation1,  pursuant  to  Article  235  of  the  EC  Treaty,  for  the  purpose  of 
amending  for  the  second  time  Council  Regulation  (EEC)  No  1360/90 
establishing  a  European  Training  Foundation2.  The  proposal  aimed  at 
extending  the  European  Training  Foundation's  area  of  activity  to cover  the 
Mediterranean  non-member  countries  and  territories  for  which  financial  and 
technical  measures  to  support  the  reform  of  their  economic  and  social 
structures  have  been  laid  down  in  Council  Regulation  (EC)  No  1488/963 
(MEDA  Regulation). 
included  a  number  of 
The  proposal  also 
accompanying measures designed to enhance the guidance and efficiency  of 
the European Training Foundation's operations. 

The  Economic  and  Social  Committee  issued  its  opinion  on  29  October 
llW,  in  which  it  welcomed  the  Commission's  proposal  and  stressed  that 
to 
the  European  Training  Foundation  could  contribute  significantly 
cooperation  with  the  Mediterranean  countries  in  the  sphere  of  vocational 
training. 

The  European  Parliament  adopted  its  opinion  on  12  March  19985.  This 
opinion  contains  17 amendments  to  the  wording  of  Council  Regulation  No 
1360/90.  Three  of  these  concern  the  recitals  referring  to  the  Regulation. 
The remaining amendments concern the Regulation  itself. 

The  Commission  accepts  the  amendments  concerning  the  recitals.  The 
Commission also accepts four of the amendments concerning the Regulation 
in  full  and  one  in  part  but  cannot  accept  text  of  the  other  amendments. 
Suitable  arrangements  can  be  made  in  practice  to  address  some  of  the 
underlying concerns expressed by Parliament. 

1.5 

The reasons for the position adopted by the Commission with regard to these 
amendments  are  set  out  in  section  3  below.  The  complete  texts  of  the 
original proposal and the amended proposal is attached. 

1  C()M(97)  177 final, OJ No C  156, 24.05.1997, p. 27 

2  OJ  No I-  131, 23.5.1990, p.I,  Regulation  as  last amended  by  Regulation  (EC) No 2063/94  (OJ  No L 

216, 20.08.1994, p.9) 

3  OJ No L 189, 30.7.1996 

4 

ESC  1182/97 

5  A4/0032/98, OJ No C 80, 16.3.1998 

2. 

A IM  O K T I IK  P R O P O S A I. 

In March  1995 the Commission forwarded  to the Council a communication setting out 
the priorities for reinforcing  the Union's Mediterranean policy, inter alia in the field of 
vocational  training,  and  laying  down  the  framework  for  financial  and  technical 
cooperation  for the period up to 1999. 

The  representatives  of  the  Council,  the  Commission,  the  Member  States  and  the 
Mediterranean  countries  agreed  at  the  conference  held  in  Barcelona  on  27  and  28 
In 
November  1995  that  the  participants  establish  a  comprehensive  partnership. 
addition  to strengthening  the political  dialogue, the aim would  be the development of 
economic  and  financial  cooperation  and  greater  emphasis on the  social, cultural  and 
human dimension. The detailed work programme adopted by the conference  provides 
for the enhancement  of educational  levels  in particular  in the Mediterranean  region, 
with an initial focus inter alia on vocational training. In this context, the Foundation is 
called upon to contribute. 

At its meeting in Madrid on  15 and  16 December  1995, the  European  Council  called 
upon  the  Council  and  the  Commission  to  put  the  Barcelona  Declaration  and  Work 
Programme into practice. 

The subsequently adopted MEDA Regulation lays the basis for a new partnership with 
the  Mediterranean  countries,  within  a  single  framework.  The  measures  which  the 
Regulation  lays down  to assist  in the reform  of the economic and  social  structures in 
the Mediterranean partner countries take into account the importance of support for the 
development of human resources, notably in vocational training. 

The  European  Training  Foundation  provides  an  institutional  framework  for  the 
provision of vocational training assistance, structured to provide a flexible response to 
the varying needs of the countries eligible under the Phare and Tacis programmes. The 
Foundation's remit also enables it not only to collaborate with the various regional and 
national  facilities,  whether  public  or  private,  operating  in  this  field,  but  also  to 
cooperate  with  the  relevant  national  and  international  institutions.  The  Regulation 
establishing  the  foundation  further  provides  for  participation  in  the  Foundation's 
activities  by  countries  sharing  the  Community's  commitment  to  the  provision  of 
assistance  in  this  field.  In  that  Regulation,  the  Commission  is  given  the  task  of 
ensuring  consistency  and  complementarity  between  the  work  of  the  Foundation  and 
other Community vocational training activities. 

Given the existence of this instrument, the Commission has proposed, on grounds of 
cost-effectiveness  and  efficiency,  to extend  the Foundation's  remit to  cover  the  non-
member countries and territories specified  in the Regulation on the new Mediterranean 
partnership, subject  to the constraints of consistency  and complementarity  referred  to 
above. 

In view of the extended geographical spread of the Foundation's responsibilities which 
would result from this amendment, it is proposed to widen the Governing Board's base 
by providing for an additional Commission representative. However, no change in the 
number of votes at the disposal of the Commission's representatives is envisaged. 

The  experience  of  the  iirst  three  years  of  the  Foundation's  operations  shows  that 
'The Foundation  has requested  clearer 
certain  measures could  enhance  its efficiency. 
guidance on issues relating to broader Community policy.  Therefore, the Commission 
has also  proposed  various  measures  aiming  at enabling  the different  actors  involved 
(i.e.  the  Commission,  the  Foundation's  Governing  Board  and  Advisory  Forum)  to 
provide  such  guidance  and  contribute  to  more  efficiency,  also  in  the  context  of  the 
extension of the Foundation's scope to the Mediterranean partner countries. 

3. 

THE  COMMISSION'S  POSITION WITH  REGARD TO THE AMENDMENTS PROPOSED BY 
THE EUROPEAN PARLIAMENT 

3.1 

Amendments  accepted 

The  Commission  accepts  amendments  1,  2,  3,  4,  7  (subject  to  a  slight 
rewording),  14  (partly),  16  and  17.  The  reasons  for  this  position  are  the 
following: 

Amendments  1-3:  These  amendments,  which  provide  for  the  insertion  of 
three  recitals,  outline  principles  and  guidelines  for  the  European  Training 
in  particular  with  regard  to  the  Foundation's 
Foundation's  activity, 
contribution  to  the  reform  of  the  partner  countries'  vocational  training 
systems, with a view to facilitating  their transition  to a market economy and 
strengthening  their democratic  institutions, the social  dimension,  respect  for 
human  rights and equal  opportunities, as well as with regard to the testing of 
innovative  schemes,  the  promotion  of  a  common  approach  to  vocational 
training issues and the transfer  of best practice.  These issues are in line with 
the principal orientations set out in the Commission's Report of 18 July 1997 
to  the  European  Parliament,  the  Council  and  the  Economic  and  Social 
Committee  on  the  European  Training  Foundation6,  and  have  been/can  be 
taken  into account  by the  European  Training  Foundation's  1998-2000  work 
programme and/or future  work programmes.  They are therefore acceptable. 

Amendment 4:  This amendment  provides  for  a "mission  statement"  for  the 
European  Training  Foundation jointly  defined  by  the  Commission  and  the 
Foundation's  Governing  Board  (Article  3 of Regulation No  1360/90).  This 
corresponds  to a recommendation  made by an external  evaluation  report on 
the  Foundation.  Both  the  Commission  and  the  Foundation's  Governing 
Board support this recommendation. 

Amendment 7:  This amendment  supplements the existing provision that the 
European  Training  Foundation  may 
training 
programmes  at  the  request  of  the  Commission  or  of  the  partner  countries 
(Article 3 (c), third indent of Council Regulation no  1360/90), by adding that 
such  programmes  should  be  of  an  innovative  value  and,  for  the  countries 
preparing  for  accession,  should  relate  more  closely  to  the  Community's 
vocational  training  priorities.  This  is in  line  with the  principal  orientations 

implement  vocational 

COM(97) 379  fina! 

set out in the Commission's report of  18 July  1997.  The rewording concerns 
the terminology  used  for the candidate countries. 

Amendment  14:  The  Commission  accepts  this  amendment  insofar  as  it 
concerns the duration of the mandate of the European Training  Foundation's 
director (Article 7(1), first sub-paragraph  of Regulation  No  1360/90).  This 
means that the initial  mandate will remain at live years and that an extension 
may be granted once for up to five years. 

Amendment 16:  This amendment, which provides for the European Training 
Foundation's  budget  to  detail  by  category  and  grade  the  number  of  staff 
employed  in  the  relevant  financial  year,  corresponds  to  the  Foundation's 
own financial rules. 

Amendment  17:  This amendment  calls for  evaluations  to be  carried  out  by 
an  external  body,  sets  indicators  to  be  measured  by  such  evaluations  and 
obliges  the  Commission  to  report  on  the  results  of  the  monitoring  and 
evaluation  of the European Training Foundation to the European  Parliament, 
the  Council  and  the  Economic  and  Social  Committee  before  31  December 
2000.  The Commission  recognises that Parliament, notably  in its capacity as 
Budgetary  Authority, has a close interest to be informed  on the effective  and 
efficient  use of expenditure for which the Commission  is responsible. 

3.2 

Amendments not accepted 

The Commission cannot accept the remaining amendments for the  following 
reasons: 

Amendment 5:  The Commission  considers  it essential  to provide  for  policy 
guidelines  in Article  3 of Council  Regulation  no  1360/90 which defines  the 
European  Training Foundation's  functions. 

Amendment 6:  The amendment  proposes a detailed  explanation  of how  the 
European  Training  foundation  should  assist  the  partner  countries  and  the 
Commission  in the definition  of training  needs.  The suggestions  made can 
be,  and  have  been,  implemented  on  the  basis  of  the  present  Council 
Regulation  no  1360/90.  Therefore, the Commission sees no apparent need to 
propose legislative changes in this respect. 

Amendment  8:  The  Commission  prefers  not  to  include  in  Council 
Regulation no 1360/90 a detailed description of the Foundation's tasks vis-à-
vis  the  candidate  countries  as  suggested  by  the  amendment.  While  the 
European Training Foundation will naturally assist the candidate countries in 
modernising  their  vocational  training  systems  with  a view  to  accession  (cf. 
the  Commission's  communication  of  18  July  1997),  it  would  seem 
preferable  not to give ex-ante legislative  priority  to one  particular  aspect  of 
such assistance.  Suitable and flexible arrangements will be made in practice 
in  order  to  take  Parliament's  concerns  into  account.  The  existing  Council 
Regulation No  1360/90 would seem to provide a sufficient  basis. 

Amendment 9:  While  the  Commission  welcomes  cooperation  between  the 
Foundation  and  social  partners  at  all  levels  (including  at  national  level),  it 

believes  that  the  current  provision  for  "association  with  the  Foundation's 
work"  in  an  institutional  context  (Article  4  (2)  of  Council  Regulation  no 
1360/90) should remain restricted to social partners at European level. 

Amendment 10:  The Commission  shares  Parliament's  concern  to  highlight 
the  link  between  the work  programme  and  the annual  "budgetary  decision". 
However,  this  link  is made sufficiently  clear  by  the  modified  Article  10 (4) 
as  proposed  by  tiie  Commission.  Moreover,  the  Commission  considers  it 
essential  to  be  consulted  on  the  European  Training  foundation's  annual 
work  programme,  given  the  very  close  cooperation  with  the  Foundation 
developed  to  date.  Against  this  background,  the  proposed  amendment  to 
Article 5 (7) is not acceptable. 

Amendments  11-13:  While sharing  Parliament's  concern  that the  European 
Training  Foundation's  Advisory  Forum  remain  effective  despite  its size, the 
Commission  prefers  not  to  accept  these  amendments  aiming  to  reduce  and 
alter  the  composition  of  this  body,  given  that  the  Advisory  Forum's 
performance  to  date  would  seem  satisfactory.  Also,  the  Commission 
considers  that  a  formal  sub-division  into  separate  working  groups,  along 
geographical  lines, might hinder fruitful  cooperation  and exchanges between 
Advisory  Forum  members.  Suitable and  flexible  arrangements can be made 
on the basis of the existing  Regulation, notably  by setting up working groups 
on an ad-hoc-basis. 

Amendment 14:  The amendment cannot be accepted as far as it focuses  on a 
particular  selection  procedure  for  the  post  of  director.  In  this  respect,  the 
Commission  considers  the provisions  of the  "Conditions  of  employment  of 
other  servants of the European  Communities", which apply to the  European 
Training  Foundation's  staff  (Article  14 of  Council  Regulation  no  1360/90), 
to be sufficient.  Neither should  the reference  to policy guidelines be omitted 
(see above). 

Amendment  15:  The  Commission  shares  the  spirit  of  this  amendment 
concerning  the  complementarity  of  the  Foundation's  activities  with  other 
Community  actions  but  does  not  consider  a  legislative  change  necessary. 
Intense efforts  are being made in practice to ensure such complementarity. 

Amended proposal for a 

COUNCIL REGULATION  (EC) 

amending for the second time Regulation (EEC) No 1360/90 

establishing a European 'Training Foundation 

""  "™ 

Initial proposal* 

1  ™ 

^ ^ « ^ ' J ^ I H * 6I 

COUNCIL  REGULATION  (EC) 

Unchanged 

amending  for the second  time Regulation 
(EEC) No  1360/90 
establishing a European Training Foundation 

THE  COUNCIL  OF  THE  EUROPEAN 
UNION 

Having  regard  to  the  Treaty  establishing  the 
European Community, and  in particular Article 
235 thereof, 

Having  regard 
Com mission", 

to  the  proposal 

from 

the 

Having  regard  to  the  opinion  of  the  European 
Parliament9, 

Having regard  to the opinion  of the  Economic 
and Social Committee10, 
Whereas  the  European  Council  meeting  in  Unchanged 
Strasbourg  on  8 and  9  December  1989  called 
upon  the  Council,  acting  on  a  proposal  from 
the  Commission, 
the  necessary 
decisions  for  the  establishment  of  a  European 
Training  Foundation  for  Central  and  Eastern 
Europe; whereas to that end on 7 May  1990 the 

to  adopt 

7  OJ No C 156, 24.05.1997, p. 27 

8 

( )J No C 

9  OJ No C 

10  OJNOC 

Council 
1360/90"  which 
Foundation; 

adopted  Regulation 

established 

(EEC)  No 
said 

the 

eligible 

Whereas,  pursuant  to  Regulation  1360/90,  the  Unchanged 
countries 
the 
Foundation's 
for 
the  countries  eligible 
programmes  are 
economic  aid  under  Regulation  (EEC)  No 
3906/89l2  ('Phare'  Programme)  and  Regulation 

for 

(Euratom, 
Programme); 

EC)  No 

1279/9613 

( T a d s' 

in 

of 

on 

and 

cultural 

in  order 

their  Declaration 

the  Member  States  and 

human 
to  contribute 

Whereas the  representatives  of the  Council, the  Unchanged 
the 
Commission, 
Mediterranean  partner  countries,  meeting  in 
Barcelona  on  27  and  28  November  1995, 
agreed 
the 
Euro-Mediterranean 
a 
establishment 
partnership  to  place  greater  emphasis  on  the 
dimension; 
social, 
whereas, 
the 
to 
the  Work 
attainment 
Programme 
the  Barcelona 
Declaration  provides  for  an  initial  focus  inter 
alia  on  vocational 
the 
European  Training  Foundation  will  contribute; 
whereas  the  European  Council,  meeting  in 
Madrid  on  15  and  16  December  1995,  called 
upon  the  Council  and  the  Commission  to  put 
into  practice  the  Barcelona  Declaration  and 
Work  Programme; 

that  objective, 

implementing 

to  which 

training, 

of 

(EC)  No  Unchanged 

Whereas  Council  Regulation 
I488/9614  provides  for  financial  and  technical 
of 
measures 
reform 
accompany 
economic  and  social  structures  within 
the 
framework 
Euro-Mediterranean 
the 
partnership  (MEDA); 

the 

of 

to 

Whereas,  in  the  context  of  the  Mediterranean  Unchanged 
partners'  efforts  to  reform  their  economic  and 
social  structures,  the  development  of  human 

11  OJ No  L  131, 23.5.1990, p.l,  Regulation  as amended  by Regulation  (EC) No 2063/94 (OJ No  L 216, 

20.8. î994, p. 9) 

12  OJ No L 375, 23.12.1989, p.l 1  Regulation  as amended by Regulation  (EC) No 753/96 (OJ No L 103, 

26.4.1996, p. 5) 

13  OJ. N oL  165,4.7.1996, p.  I 

14  OJ.NoL  189, 30.7.1996, p.  1 

résonnes  is  essential  lor  the  allninmeul  of 
in 
loii}.', turn  stability  and  prosperity  and 
particular  the  achievement  of  socio-economic 
equilibrium; 

training, 

the  Foundation 

Whereas the Foundation  was set up to provide 
a flexible  response to the specific  and  differing 
requirements  of  the  individual  countries  to  be 
assisted;  whereas,  in  providing  assistance  on 
the basis of Community  experience  in the area 
is 
of  vocational 
charged  with  collaborating  with 
regional, 
national,  public  and  private  facilities  in  the 
Community  and  third  countries,  and  with 
exercising  its  functions  in  close  co-operation 
with  existing  national 
international 
institutions;  whereas  the  possibility  exists  for 
participation  by third countries which share the 
Community's  commitment  to  the  provision  of 
aid  in  the  training  field;  whereas  consistency 
and  complementarity  between  the  work  of the 
Foundation  and  other  Community  actions 
should be ensured; 

and 

Whereas  within  the  institutional  framework 
established 
the 
the 
Community's  experience  can  be  placed  at  the 
disposal also of the Mediterranean  partners; 

foundation 

for 

Unchanged 

Whereas  the  Foundation's  knowledge  and 
direct experience  of  the  specific  requirements 
and circumstances of  the  eligible  countries in 
the  field  of  vocational  training  and  human 
resources  development  can  usefully  contribute 
to  the  definition  of  the  Community's  aid 
policy  for  the  reform  of  their  vocational 
training systems; 

tliii  Commission 

Whcrcus  the  Foundation  should  therefore  be 
til  promoting 
iissjsiiiig 
developing 
vocational 
and  modernising 
training systems in the eligible countries with a 
view to facilitating  their transition  to  a market 
economy  and  strengthening  their  democratic 
institutions,  the  social  dimension,  respect  for 
human rights and equal opportunities: 

Whereas  the  implementation  of  vocational 
the 
training  programmes  should  provide 
Foundation  with 
test 
to 
innovative  schemes.  promote  a  common 
approach  to  vocational  training 
issues  and 
transfer best practices; 

the  opportunity 

Unchanged 

Whereas  the  Foundation's  governing  board  Unchanged 
should  be  strengthened  to  take  account  of  this 
wider  remit  without,  however,  providing  for  a 
corresponding  increase  in the  number  of  votes 
held by the representatives of the Commission; 

Whereas  the  efficiency  of  the  Foundation's  Unchanged 
operations  will  benefit  from  a  number  of 
accompanying  measures; whereas  guidance by 
the 
the  Commission  will 
Foundation's activities to be aligned  efficiently 
with  the  Community  policies  adopted  with 
respect to the partner countries; 

allow 

for 

relevant  Unchanged 

Whereas  cooperation  with  other 
Community  bodies  is  a  prerequisite  for  the 
efficient  use  of  resources  and  should  be 
to  exploit  synergies; 
reinforced 
whereas  this  can  be  ensured  most  efficiently 
by the Commission; 

in  order 

governing 

board  will 

Whereas  the  decision  making  powers  of  the  Unchanged 
Foundation's 
be 
strengthened  by creating  a closer  link  between 
the  Foundation's  work  programme  and  its 
in  particular  by  adopting  both 
budget, 
documents  through  a  coordinated  procedure 
and 
the  Foundation's  expenditure 
closely to its operations; 

linking 

Whereas experience  has shown  that the role of  Unchanged 
the  Foundation's  advisory  forum  would  be 
it  with  more 
strengthened  by  providing 
efficient  counsel  from  the Commission; 

Whereas there  is a need  to define  the  mandate  Unchanged 
of the  Foundation's  director  in  a  more  precise 
and flexible  manner, 

HAS ADOPTED  11 IIS REGULATION: 

Unchanged 

Article I 

Regulation  (EEC)  No  1360/90  is  amended  as 
follows: 

The  first  paragraph  of  Article  1 shall  Unchanged 

1. 
be replaced  by the following: 

the 
'This  Regulation  hereby  establishes 
(hereinafter 
European  Training  Foundation 
the  "Foundation")  whose 
referred 
the 
objective 
development of the vocational  training systems 
of: 

to  contribute 

shall  be 

to  as 

to 

J 

10 

the  countries  of  Central  and  Eastern 
for 
Europe  designated  as  eligible 
economic  aid  by 
in 
the  Council 
Regulation  (EEC)  No  3906/89  or  in 
any subsequent  relevant  legal act; 

the  New 
Independent  States  and 
Mongolia  which  are  the  beneficiaries 
of  the  programme  to  assist  economic 
reform  and  recovery  under  Regulation 
(Euratom,  EC)  No  1279/96  or  in  any 
subsequent relevant legal act; and 

the  Mediterranean 
non-member 
countries  and  territories  beneficiaries 
of the financial and technical  measures 
to  accompany 
the  reform  of  their 
economic  and  social  structures  under 
Regulation  (EC) No  1488/96 or  in any 
subsequent  relevant  legal act' 

2. 

Article  2  shall  be  replaced  by  the 
following: 

2. 

Article  2  shall  be  replaced  by  the 
following: 

'Following general  policy guidelines set by the 
Commission,  the  Foundation  shall  work  in the 
training  field,  covering  initial  and  continuing 
vocational  training  as  well  as  retraining  for 
young  people  and  adults, 
in 
particular management training.' 

including 

Following  general  policy  guidelines  set  by the 
Commission  and  on  the  basis  of  a  mission 
statement  jointly  defined  by  the  Commission 
and the  governing  board, the  Foundation  shall 
work  in the training fields, covering initial  and 
continuing  vocational 
training  as  well  as 
for  young  people  and  adults, 
retraining 
including in particular management  training. 

The  introductory  sentence of  Article 3 

3. 
shall be replaced  by the  following: 

Unchanged 

'For  the  purpose  of  achieving  the  objectives 
set  out  in  Article  I,  the  Foundation  shall, 
following  general  policy  guidelines  set  by the 
Commission  :' 

Point (c). third  indent of Article 3 shall 

3a. 
be replaced by the following : 

the. 

or  Q£ 

the  request  of 

in  cooperation  with 

the 
implement,  at 
eligible 
Commission 
the 
countries 
governing  board,  vocational  training 
programmes 
the 
agreed 
Commission  and  one  or  more  of  the 
the 
eligible  countries  as  pad  of 
Community  policy  of  assistance  to 

on  by 

11 

using 

countries. 

teams  of  specialists 

multi-
these 
in 
disciplinary 
close  collaboration  with  the  competent 
authorities  in  the  countries 
involved 
and  drawing  actively  on  the  experience 
training 
of  Community  vocational 
programmes; 
of 
projects 
the 
iQ  be.  managed 
Foundation  priority  will  be  given  to 
projects  of  an  innovative  value  and  -
liin 
for 
accession  -  which  relate  directly  to  the 
Community's  policy  priorities  in  the 
field  of vocational  training: 

selection 
by 

candidate 

countries 

llic 

the 

in 

Point  (e)  of  Article  3  shall  be  replaced 

4. 
by the  following: 

Unchanged 

or 

full 

funded 

confer  on 

co-financed 

the  governing  board 

taking 
established 

by 
account  of 

'(e) 
the 
power  to  lay  down  tendering  procedures  for 
the 
projects 
the 
Foundation, 
procedures 
under  Regulation 
(EEC)  No  3906/89,  in  particular  Article  7 
thereof,  under  Regulation  (Euratom,  EC)  No 
1279/96,  in  particular  Articles  6  and  7  thereof, 
Regulation 
in  particular 
Article  8 thereof,  or  in  any  subsequent  relevant 
legal  act; 

(EC)  No  1488/96 

5. 

The  second  subparagraph  of  Article  4 
( I ) shall  be replaced  by  the  following: 

Unchanged 

'The  Commission  shall  ensure  co-operation 
between  the  Foundation  and  other  relevant 
Community  bodies,  in particular  Cedefop.' 

The  first  subparagraph  of  Article  5 ( 1) 

6. 
shall  be  replaced  by the  following: 

Unchanged 

'The  Foundation  shall  have  a  governing  board 
consisting  of  one 
representative  of  each 
Member  State  and  three  representatives  of  the 
Commission. 

The  third  subparagraph  of  Article  5 (4) 

7. 
shall  be  replaced  by the  following: 

Unchanged 

board 
the  governing 
'The  members  of 
representing 
the  Member  States  shall  each 
have  one  vote.  The  representatives  of  the 
Commission  shall  have  at  their  disposal  one 
vote. 

12 

Article  5 (7)  shall  be  replaced  by  the 

8. 
following : 

Unchanged 

'On  the  basis  of  a  draft  submitted  by  the 
director  of  the  Foundation,  the  governing 
board,  in  consultation  with  the  Commission, 
shall adopt the annual work programme for the 
Foundation  at  the  beginning  of  each  year, 
within  the  framework  of  a  three-year  rolling 
perspective.  The  programme  may  be  adapted 
during the year using the same procedure. 

The  projects  and  activities  in the  annual  work 
programme  shall  be  accompanied  by  an 
estimate  of  the  necessary  expenditure  and  by 
allocations of staff and budgetary resources.' 

The  second  subparagraph  of  Article  6 

9. 
(1) shall  be replaced  by the following : 

Unchanged 

'The  members  of  the  forum  shall  be  selected 
from  experts  among  training  and  other  circles 
concerned 
in  the  work  of  the  Foundation, 
taking  into  account  the  need  to  ensure  the 
the  social 
presence  of  representatives  of 
those 
partners,  of 
international  organisations  active 
the 
provision  of  training  assistance,  and  of  the 
eligible countries.' 
10. 
following : 

Article  6  (2)  shall  be  replaced  by  the 

the  Commission,  of 

in 

Unchanged 

'The  governing  board  shall  seek  nominations 
for appointment  from : 

each of the Member States 
each of the eligible countries, 
the Commission 
the  social  partners  at  European  level 
which are already active in the work of 
the Community  institutions, and 
relevant international  organisations.' 

The  first  paragraph  of  Article  7  shall 

11. 
be replaced by the following : 

The  first  paragraph  of  Article  7 

11. 
be replaced by the following : 

shall 

'The  director  of  the  Foundation  shall  be 
appointed  by 
the  governing  board  on  a 
proposal  from  the  Commission  for  a  term  of 
office  of  three  to  five  years,  which  can  be 
extended on a proposal  from  the Commission. 

'The  director  of  the  Foundation  shall  be 
appointed  by 
the  governing  board  on  a 
proposal  from  the  Commission  for  a  term  of 
five years,  which  can  be extended  once  for  up 
to five years. 

The director shall be responsible : 

The director shall be responsible : 

for the preparation  and organisation  of the 

for the preparation  and organisation  of the 

13 

board 

work  of  the  governing  board,  of  any  ad 
hoc  working  parties  convened  by 
the 
particular, 
governing 
following  general  policy  guidelines  set  by 
the Commission,  for  the  preparation  of the 
draft  annual  work  programme  of 
the 
Foundation, 

and, 

in 

board 

work  of  the  governing  board,  of  any  ad 
hoc  working  parties  convened  by 
the 
particular, 
governing 
following  general  policy  guidelines  set  by 
the Commission,  for  the  preparation  of  the 
draft  annual  work  programme  of 
the 
Foundation, 

and, 

in 

the  day-to-day 
Foundation, 

administration  of 

the 

for  the  day-to-day  administration  of  the 
Foundation, 

for  the  preparation  of  the  statement  of 
revenue  and  expenditure  and  execution  of 
the  budget  of the  Foundation, 

for  the  preparation  of  the  statement  of 
revenue  and  expenditure  and  execution  of 
the  budget  of the  Foundation, 

the  preparation  and  publication  of 

for 
reports  specified  under  this  Regulation, 

the  preparation  and  publication  of 

for 
reports  specified  under this  Regulation, 

for  all  staff  matters, 

for  all  staff  matters, 

for  undertaking  the  tasks  set  out  in  the 
to  in 
annual  work  programme  referred 
Article  5 (7), 

for  undertaking  the  tasks  set  out  in  the 
to  in 
annual  work  programme  referred 
Article  5 (7), 

for 

properly 

the 
governing  board's  decisions  and  the  guidelines 
set  down  for  the  Foundation's  activities.' 

implementing 

for 

properly 

the 
governing  board's  decisions  and  the  guidelines 
set  down  for  the  Foundation's  activities. 

implementing 

Article  8  shall  be  replaced  by 

12. 
following: 

the 

Unchanged 

"Article 8 

Links  with  other  Community  actions 

in  co-operation  with 

the  procedures  set  out 

The  Commission, 
the 
governing  board  and,  where  appropriate,  in 
in 
accordance  with 
Article  9  of  Regulation  (EEC)  No  3906/89, 
Article  8  of  Regulation  (Euratom,  EC)  No 
1279/96  and  Article  1  I  of  Regulation  (EC)  No 
1488/96  or  in  any  subsequent  relevant  legal 
act,  shall  ensure  consistency  and,  where 
necessary,  complementarity  between  the  work 
of 
the  Foundation  and  other  actions  at 
Community  level,  both  within  the  Community 
and  in  assistance  to  the  eligible  countries,  with 
particular 
the 
Tempus  scheme'. 

to  actions  under 

reference 

Article  10 (4)  shall  be  replaced  by  the 

13. 
following  : 

Article  10 (4)  shall  be  replaced  by  the 

13. 
following  : 

'The  governing  board,  after 

receiving 

the  The  governing  board,  after 

receiving 

the 

14 

advice  of  the  Commission,  shall  adopt  the 
budget  of  the  Foundation  together  with  the 
work  programme  at  the  beginning  of  each 
financial  year,  adjusting 
it  to  the  several 
contributions  granted  to the  Foundation  and  to 
its other resources.' 

advice  of  the  Commission,  shall  adopt  the 
budget  of  the  Foundation  together  with  the 
work  programme  at  the  beginning  of  each 
financial  year,  adjusting 
it  to  the  several 
contributions  granted  to the  Foundation  and  to 
its other  resources.  The budget  shall  detail  by 

will  be  employed  by  the  Foundation  inJiie 
relevant financial year, 

The  first  subparagraph  of  Article  16 

14. 
(1) shall be replaced  by the following : 

Unchanged 

to 

the 

share 

commitment 

shall  be  open 

'The  Foundation 
the 
participation  of  countries  which  are  not 
members  of  the  European  Community  and 
the 
which 
Community  and  the  Member  States  to  the 
provision  of  aid  in  the  training  field  to  the 
eligible  countries,  under  arrangements  to  be 
the 
in  agreements  between 
laid  down 
Community  and  themselves,  following 
the 
procedure  laid  down  in  Article  228  of  the 
Treaty'. 

of 

14&  Article  17  shall  be  replaced  by  the 
following; 

"Monitoring and evaluation  procedure 

The Commission  shall, in consultation  with the 
governing  board»  establish  a  monitoring  and 
experience 
evaluation  procedure  of 
acquired  in the  work  of  the  Foundation.  This 
procedure should  be carried out by an external 
body, and should take particular-account olJiie. 
extent to which the Foundation has ; 

the 

achieved  the  aims  and  objectives  set 
out  in  the  mission  statement  jointly-
defined  by  the  Commission  and  the 
governing board, the three-year rolling 
programme,  and 
the  annual  work 
programme: and 

implemented  measures  designed 
to 
ensure  non-discrimination  and  equal 
opportunities in access to training, 

It  shall  present 

the  first 

results  of 

this 

European  parliament,  the  Council  and  the 
Economic  and  Social  Committee  before  31 

15 

Article 2 

I December 2000^ 

Unchanged 

This  Regulation  shall  enter  into  force  on  the 
eighth  day  following  that  of  its  publication  in 
the  Official 
the  European 
Journal  of 
Communities. 

This  Regulation  shall  be binding  in its entirety 
and directly applicable  in all Member States. 

16 

ISSN 0254-1475 

COM(98) 337 final 

DOCUMENTS 

EN 

16  04 

Catalogue number  :  CB-CO-98-342-EN-C 

ISBN  92-78-36506-8 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg 

H