Council Regulation (EC) No 1572/98 of 17 July 1998 amending Regulation (EEC) No 1360/90 establishing a European Training Foundation
Date: 1998-07-17
Institutions: Council of the European Union
Subjects: European Training Foundation, vocational training

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Official Journal of the European Communities

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(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1572/98

of 17 July 1998

amending 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 to the proposal from the Commission (1),

Having regard to the opinion of the European Parlia-
ment (2),

Having regard to the opinion of the Economic and Social
Committee (3),

(1) Whereas the European Council meeting in Stras-
bourg on 8 and 9 December 1989 called upon the
Council, acting on a proposal from the Commis-
sion, to adopt the necessary decisions for the estab-
lishment of a European Training Foundation for
Central and Eastern Europe; whereas to that end on
7 May 1990 the Council adopted Regulation (EEC)
No 1360/90 (4) which established the said Founda-
tion;

the countries eligible for

(2) Whereas, pursuant to Regulation (EEC) No 1360/
90,
the Foundation’s
programmes are the countries eligible for economic
aid pursuant to Regulation (EEC) No 3906/89 (5)
(PHARE programme) and Regulation (Euratom,
EC) No 1279/96 (6)

(TACIS programme);

(3) Whereas the representatives of the Council, the
Commission, the Member States and the Mediter-
ranean partner countries, meeting in Barcelona on
27 and 28 November 1995, agreed in their Declara-
tion on the establishment of a Euro-Mediterranean
partnership to place greater emphasis on the social,
cultural and human dimension; whereas, in order
to contribute to the attainment of that objective,
the work programme implementing the Barcelona
Declaration provides for an initial focus inter alia

(1) OJ C 156, 24. 5. 1997, p. 27.
(2) OJ C 104, 6. 4. 1998.
(3) OJ C 19, 21. 1. 1998, p. 45.
(4) OJ L 131, 23. 5. 1990, p. 1. Regulation as amended by Regu-

lation (EC) No 2063/94 (OJ L 216, 20. 8. 1994, p. 9).

(5) OJ L 375, 23. 12. 1989, p. 11. Regulation as amended by
Regulation (EC) No 753/96 (OJ L 103, 26. 4. 1996, p. 5).

(6) OJ L 165, 4. 7. 1996, p. 1.

training,

on vocational
to which 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;

(4) Whereas Regulation (EC) No 1488/96 (7) provides
for financial and technical measures to accompany
the reform of economic and social structures within
the framework of the Euro-Mediterranean partner-
ship (MEDA);

(5) Whereas, in the context of the Mediterranean part-
ners’ efforts to reform their economic and social
structures, the development of human resources is
essential for the attainment of long-term stability
and prosperity and in particular the achievement of
socio-economic equilibrium;

training,

(6) Whereas the Foundation was set up to provide a
flexible response to the specific and differing
the individual countries to be
requirements of
assisted; whereas,
in providing assistance on the
basis of Community experience in the area of voca-
tional
the Foundation is charged with
collaborating with regional, national, public and
private facilities in the Community and third coun-
tries, and with exercising its functions in close
cooperation with existing national
and inter-
national 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 Founda-
should be
tion and other Community actions
ensured;

(7) Whereas the Foundation’s knowledge and direct
and
specific
experience of
circumstances of the eligible countries in the field

requirements

the

(7) OJ L 189, 30. 7. 1996, p. 1.

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23. 7. 98

of vocational training and human resources devel-
opment can usefully contribute to the definition of
the Community’s aid policy for the reform of their
vocational training systems;

(cid:190) the countries of Central and Eastern Europe
designated as eligible for economic aid by the
Council in Regulation (EEC) No 3906/89 or in
any subsequent relevant legal act,

(8) Whereas the implementation of vocational training
programmes should provide the Foundation with
the opportunity to test
innovative schemes and
transfer best practices;

(9) Whereas, within the institutional framework estab-
lished for
the Community’s
experience can be placed at the disposal also of the
Mediterranean partners;

the Foundation,

on

the

representation

(10) Whereas the Commission should be given appro-
priate
Foundation’s
governing board to take account of the Founda-
tion’s wider remit without, however, modifying the
governing board’s powers and voting rules or
providing for a corresponding increase in the
number of votes held by the representatives of the
Commission;

(11) Whereas the efficiency of the Foundation’s opera-
tions will benefit from a number of accompanying
measures; whereas the general guidelines estab-
lished at Community level will allow for the Foun-
dation’s activities to be aligned efficiently with the
Community policies adopted with respect to the
partner countries;

(12) Whereas

with

cooperation

relevant
Community bodies makes for the efficient use of
resources and should be reinforced in order to
exploit synergies; whereas the Commission can
make an effective contribution to this;

other

(13) Whereas the decision-making powers of the Foun-
dation’s governing board will be strengthened by
creating a closer link between the Foundation’s
work programme and its budget, in particular by
adopting both documents through a coordinated
procedure and linking the Foundation’s expendi-
ture closely to its operations,

HAS ADOPTED THIS REGULATION:

Article 1

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

1. the first subparagraph of Article 1 shall be replaced

by the following:

‘This Regulation hereby establishes the European
Training Foundation, hereinafter referred to as the
“Foundation”, whose objective shall be to contribute
to the development of the vocational training systems
of:

(cid:190) the New Independent States of the former Soviet
Union and Mongolia which are the beneficiaries
of the programme to assist economic reform and
recovery pursuant to Regulation (Euratom, EC)
No 1279/96 or any subsequent relevant legal act,
and

(cid:190) the Mediterranean non-member countries and
territories which are the beneficiaries of the finan-
cial and technical measures to accompany the
reform of their economic and social structures
pursuant to Regulation (EC) No 1488/96 or any
subsequent relevant legal act.

Those countries shall be hereinafter referred to as the
“eligible countries”.';

2. Article 2 shall be replaced by the following:

‘Article 2

Scope

Following the general guidelines established at
Community level, the Foundation shall work in the
training field, covering initial and continuing voca-
tional training as well as retraining for young people
including in particular management
and adults,
training.';

3. the introductory sentence of Article 3 shall be

replaced by the following:

‘For the purpose of achieving the objectives set out in
Article 1, the Foundation shall, within the limits of
the powers conferred on the governing board and
established at
following the general guidelines
Community level:';

4. the third indent of Article 3(c) shall be replaced by

the following:

of

the

eligible

as part

‘(cid:190) implement, at the request of the Commission or
of the eligible countries in cooperation with the
governing board, vocational training programmes
agreed on by the Commission and one or more
the
countries
of
Community policy of assistance to these coun-
tries, using multidisciplinary teams of specialists
in close collaboration with the competent author-
involved and drawing
ities
actively on the experience of Community voca-
tional training programmes; in the selection of
projects
to be managed by the Foundation,
priority will be given to projects of an innovative
value and (cid:190) for the candidate countries for
accession (cid:190) to projects which relate directly to
the Community’s programmes in the field of
vocational training;';

in the countries

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5. point

(e) of Article 3 shall be replaced by the

following:

national organisations active in the provision of
training assistance, and of the eligible countries and
territories.';

the Foundation,

(e) ‘confer on the governing board the power to lay
down tendering procedures for projects funded or
co-financed by
taking due
account of the procedures established pursuant to
in particular
Regulation (EEC) No 3906/89,
Article
to Regulation
thereof,
(Euratom, EC) No 1279/96, in particular Articles 6
and 7 thereof, Regulation (EC) No 1488/96, in
particular Article 8 thereof, or in any subsequent
relevant legal act;';

pursuant

7

6. the second subparagraph of Article 4(1) shall be

replaced by the following:

‘The Foundation shall cooperate with the other rele-
vant Community bodies, in particular Cedefop, with
the support of the Commission.';

7. the first subparagraph of Article 5(1) shall be replaced

by the following:

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

11. Article 6(2) shall be replaced by the following:

‘2. The governing board shall seek nominations for
appointment from:

(cid:190) each of the Member States,

(cid:190) each of the eligible countries,

(cid:190) the Commission,

(cid:190) the social partners at European level which are
already active in the work of the Community
institutions, and

(cid:190) relevant international organisations.';

12. Article 7(1) shall be replaced by the following:

‘1. The director of the Foundation shall be appointed
from the
by the governing board on a proposal
Commission for a period of five years. This term of
office may be extended once for a period which may
not exceed five years.

8. the third subparagraph of Article 5(4)

shall be

The director shall be responsible for:

replaced by the following:

‘The representatives of the Member States on the
governing board shall each have one vote. The repre-
sentatives of the Commission shall have one vote
between them.';

9. Article 5(7) shall be replaced by the following:

‘7. On the basis of a draft submitted by the director
of the Foundation, the governing board, in consulta-
tion with the Commission, shall examine the prelimi-
nary draft annual work programme for the following
year by 30 November at the latest. The final adoption
of the work programme shall take place at the begin-
ning of each year, within the framework of a three-
the
year on-going perspective. Where necessary,
programme may be adapted during the year using the
same procedure in order to ensure greater effective-
ness of Community policies.

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

(cid:190) the preparation and organisation of the work of
the governing board, of any ad hoc working
parties convened by the governing board and, in
particular, for the preparation of the draft annual
work programme of the Foundation, taking into
account
the general guidelines established at
Community level,

(cid:190) the day-to-day administration of the Foundation,

(cid:190) the preparation of the statement of revenue and
expenditure and execution of the Foundation’s
budget;

(cid:190) the preparation and publication of reports speci-

fied under this Regulation,

(cid:190) all staff matters,

(cid:190) undertaking the tasks with which he is charged
pursuant to Article 3 and those set out in the
annual work programme referred to in Article
5(7),

(cid:190) implementing the governing board’s decisions
and the guidelines set down for the Foundation’s
activities.';

13. Article 8 shall be replaced by the following:

10. the second subparagraph of Article 6(1) shall be

replaced by the following:

‘Article 8

‘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 presence of representatives of
the social partners, of the Commission, of those inter-

Links with other Community actions

The Commission, in cooperation with the governing
board and, where appropriate, in accordance with the
procedures set out in Article 9 of Regulation (EEC)
No 3906/89, Article 8 of Regulation (Euratom, EC)

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No 1279/96 and Article 11 of Regulation (EC) No
1488/96 or in any subsequent relevant legal act, shall
ensure consistency and, where necessary, comple-
mentarity between the work of the Foundation and
other actions at Community level, both within the
Community and in assistance to the eligible coun-
tries, with particular reference to actions under the
Tempus programme and to the other programmes
and actions for training that are implemented at
Community level, including Med-Campus.';

European Community and which share the commit-
ment of the Community and the Member States to
the provision of aid in the training field to the
eligible countries defined in Article 1, under arrange-
ments to be laid down in agreements between the
Community and themselves, following the procedure
laid down in Article 228 of the Treaty.';

16. Article 17 shall be replaced by the following:

‘Article 17

14. Article 10(4) shall be replaced by the following:

‘4. After receiving the advice of the Commission, the
governing board shall adopt the Foundation’s budget
together with the work programme at the beginning
of each financial year, adjusting it
to the several
contributions granted to the Foundation and to the
funds from other sources. The budget shall also detail
by category and grade the number of staff which will
be employed by the Foundation in the relevant finan-
cial year.';

Monitoring and evaluation procedure

The Commission shall,
in consultation with the
governing board, establish a monitoring and evalu-
ation procedure of the experience acquired in the
work of the Foundation. This procedure should be
carried out with the help of external experts. The
Commission shall present
this
procedure in a report to be submitted to the Euro-
pean Parliament, the Council and the Economic and
Social Committee before 31 December 2000 and
thereafter every three years.'

the first results of

15. the first

subparagraph of Article 16(1)

shall be

replaced by the following:

‘1. The Foundation shall be open to the participation
the
countries which are not members of
of

Article 2

This Regulation shall enter into force on the eighth 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.

Done at Brussels, 17 July 1998.

For the Council

The President

W. RUTTENSTORFER