Proposal for a Council Regulation amending Regulation (EEC) No 1365/75 on the creation of a European Foundation for the Improvement of Living and Working Conditions
Date: 2004-04-23
Institutions: European Commission
Subjects: Eurofound, governance, operation of the Institutions, rules of procedure

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 23.4.2004 
COM(2004) 57 final 

2004/0026 (CNS) 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EEC) No 1365/75 on the creation of a European Foundation for 
the Improvement of Living and Working Conditions 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

1. 

INTRODUCTION 

The  European  Foundation  for  the  Improvement  of  Living  and  Working  Conditions, 
hereinafter  referred  to  as  the  Foundation,  is  one  of  the  first-generation  Agencies  of  the 
European  Union,  created  in  1975  through  Council  Regulation  (EEC)  No  1365/751.  It  is 
situated in Dublin, Ireland. 

The tasks of the Foundation are to develop and to pursue ideas on the improvement of living 
and working conditions in the medium and long term in the light of practical experience and 
to  identify  factors  leading  to  change.  The  Foundation  has  a  tripartite  Administrative  Board 
made up of national representatives of governments, employers' organisations and employees' 
organisations.  In  addition,  the  Commission  is  represented  in  the  Board.  The  employers' 
organisations at European level and the employees' organisations at European level each have 
an observer in the Board. The European Agency for Safety and Health at Work (EU-OSHA) 
participates  in  the  Board  meetings  as  an  observer,  as  does  a  representative  for  the  EFTA 
countries.  

The  national  and  tripartite  composition  of  the  Administrative  Board  of  the  Foundation  is  a 
feature  shared  with  two  other  decentralised  Agencies,  the  European  Centre  for  the 
Development  of  Vocational  Training  (Cedefop)  in  Thessaloniki,  Greece,  and  the  European 
Agency for Safety and Health at Work (EU-OSHA) in Bilbao, Spain. The composition of the 
Boards is clearly stated in the basic acts of the Agencies. While the Board of the Foundation 
was  created  in  a  Community  of  nine  Member  States,  three  new  Board  members  have  been 
added for each new Member State, and the Board is now composed of 48 members, and as 
many alternates. With ten new Member States next year, the number of Board members will 
reach 78.  

The contribution of the national social partners and government representatives in the Board 
is  fundamental  for  the  functioning  of  the  Foundation,  given  the  diversity  that  characterises 
social issues in the European Union. On the other hand, taking into account enlargement, it is 
important to ensure that the Board has the capacity to provide a strategic contribution. 

The Board normally meets twice a year to take decisions related to the work programme and 
the  budget  of  the  Foundation.  In  addition,  a  Bureau  has  been  established  in  the  Rules  of 
Procedure with the aim of  managing urgent matters between the Board meetings. However, 
the Board is still in  charge of a number  of cumbersome  and  time-consuming  administrative 
issues,  which  does  not  leave  enough  room  for  more  important strategic deliberations  on the 
functioning and role of the Foundation. 

This  legislative  proposal  aims  at  reinforcing  the  strategic  role  of  the  Administrative  Board 
while  conferring  more  administrative  tasks  on  the  already  existing  Bureau,  and  at  formally 
recognising the role of the Bureau in the basic act.  

In addition, it aims at providing for a more modern and flexible model for the contribution of 
independent experts to the activities of the Foundation.  

1 

OJ L 139. 30.5.1975, p.1. 

2 

 
 
  
 
                                                 
Finally, certain provisions have been included in order to transfer the staff of the Foundation 
into the Community staff rules. The Foundation is the only Community Agency that has its 
own  Staff  Regulations.  Within  the  framework  of  the  Staff  Reform  for  the  staff  of  the 
European Communities, it is appropriate to include the Foundation in the Community rules as 
from the entry into force of this Regulation.  

2. 

CONTEXT 

2.1. 

The external evaluation  

The  external  evaluation  of  the  Foundation  carried  out  in  2001  recognises  the  Foundation's 
important  contribution  to  the  knowledge  of  living  and  working  conditions  in  the  European 
Union, but it also identifies a number of areas for improvement. While most of these issues 
are  included  in  a  Foundation  action  plan  adopted  by  its  Board  following  the  external 
evaluation and covering strategic and operational aspects to be addressed in order to remedy 
the identified weaknesses, two points raised by the evaluators should be treated by means of 
adaptations to the legislative framework: the role and tasks of the Administrative Board, and 
the functioning of the Committee of Experts of the Foundation.  

2.1.1.  The Administrative Board 

The  evaluators  found  that  the  administrative  tasks  of  the  Board  prevented  it  from  devoting 
sufficient time to strategic considerations. This weakens the decision-making capacity of the 
Board. In addition, the added value of the tripartite construction of the Board is partially lost. 

The Bureau, already laid down in the rules of Procedure, could play a more important role in 
carrying out certain administrative tasks of the Board. In addition, this role should be given 
formal recognition in the Regulation, and the relationship between the Board and the Bureau 
should be clearly stated.  

2.1.2.  The Committee of Experts 

The  Committee  of  Experts  is  set  up  by  Articles  10-11  of  the  basic  Regulation  of  the 
Foundation. Its role is to provide the best possible technical and scientific advice within the 
main areas of research of the Foundation, i.e. living and working conditions. It is composed of 
one member for each Member State. It shall deliver its opinion on the draft work programme 
prepared by the Director of the Foundation and may also deliver opinions in all fields falling 
within  the  competence  of  the  Foundation,  either  at  the  request  of  the  Director  or  at  its  own 
initiative.  

The Committee thus has a rather weak position in the structures of the Foundation and has not 
played  an  important  role  in  its  activities.  It  has  been  difficult  to  ensure  a  relevant  and 
complementary  experience  of  its  members  and  a  firm  commitment  to  the  work  of  the 
Committee.  In  relation  to  the  tasks  of  the  Committee,  the  national  representation  does  not 
seem  to  be  a  relevant  criterion.  On  the  other  hand,  certain  members  of  the  Committee  of 
Experts  have  given  an  excellent  contribution  to  the  work  of  the  Foundation  within  their 
specific areas of expertise. Therefore, it is considered important to maintain the possibility in 
the Regulation to provide for the continued contribution of external experts in specific areas 
of  research,  in  accordance  with  the  specific  competence  of  the  experts  concerned  and  the 
needs of the Foundation. In addition, the experts should not be selected on a national basis but 
rather  according  to  their  capacity  to  contribute usefully  to  the  work  of  the  Foundation.  It  is 

3 

 
 
  
 
therefore  proposed  not  to  keep  the  formal  Committee  of  Experts  in  its  current  form,  but  to 
include provisions that will make it possible for the Foundation to ensure a well targeted and 
timely  input  from  independent  experts  to  its  activities.  The  precise  arrangements  will  be 
decided by the Board on a proposal of the Director of the Foundation.  

2.2. 

The Joint Opinion of the tripartite Boards of the Foundation, Cedefop, and EU-
OSHA2 

The  three  Community  agencies  having  Boards  with  a  tripartite  composition,  i.e.  the 
Foundation, Cedefop and EU-OSHA, function in a very similar way. The tripartite structure is 
of fundamental importance to these agencies and should be maintained. However, as reflected 
in the external evaluations of the three agencies, they share certain shortcomings in relation to 
the  functioning  of  their  Boards.  The  solutions  proposed  in  the  evaluations  are  to  strengthen 
the  strategic  role  of  the  Boards  and  the  executive  role  of  the  Bureaux,  while  leaving  the 
director accountable and responsible for every-day management. 

In line with the findings of the external evaluations, in January 2003 the agencies transmitted 
a  Joint  Opinion  of  their  Boards  on  the  functioning  and  governance  of  their  management 
structures  to  the  Commission.  In  this  opinion,  the  Boards  stress  that  their  future  rules  of 
governance  should  be  based  on  the  following  principles:  the  fundamental  value  of  tripartite 
governance;  the  role  of  the  social  partners  (workers  and  employers)  in  these  bodies  that 
creates  a  specificity  requiring  them  to  function  according  to  common  rules  and  differently 
from the other Community agencies; and finally that the maintenance of the national tripartite 
representation from each country is essential for the involvement of all actors, taking account 
of the diversity of interests and approaches which characterise social issues. 

In order to respect these principles, the Joint Opinion suggests that the Boards should remain 
the  decision-making  structures,  with  responsibility  for  the  major  orientations  of  the  agency 
(strategy,  budget,  work  programme).  In  addition,  they  suggest  that  the  Bureaux  become 
executive  structures,  with  well-defined  tasks.  Their  size  ought  to  remain  limited  to  ensure 
efficient  operations  but  should  be  sufficient  to  reflect  the  different  views  of  the  tripartite 
Boards. 

The  Boards  also  consider  that  the  co-ordination  of  each  group  (governments,  employees, 
employers)  has  proven  to  be  an  important  factor  to  increase  efficiency.  They  propose 
therefore to formalise the already existing function of co-ordinator.  

2.3. 

The opinion of the European Parliament 

The  Commission  notes  that  the  European  Parliament  in  the  recent  discharge  procedure 
underlines for both the Foundation and Cedefop the need for rationalisation of agency boards 
and  invites  the  Commission  to  put  forward  proposals  to  this  end3.  The  Commission  has 

2 

3 

The  European  Foundation  for  the  Improvement  of  Living  and  Working  Conditions,  the  European 
Centre for the Development of Vocational Training, and the European Agency for Safety and Health at 
Work. 
EP  A5-0079/2003  §  28  [The  European  Parliament]  “considers  it  out  of  the  question,  on  grounds  of 
efficiency  and  cost,  further  to  expand  the  administrative  boards  of  the  Community  bodies  during  the 
forthcoming  enlargement;  takes  the  view  that  enlargement  offers  a  good  opportunity  thoroughly  to 
reconsider  the  composition  and  working  methods  of  these  administrative  Boards,  which  are  already 
very ponderous as a rule; calls on the Commission to put forward appropriate proposals by 31 July 2003 
to amend the founding regulations accordingly". 

4 

 
 
  
 
                                                 
carefully considered the invitation of the European Parliament to rationalise the functioning of 
these Bodies.  

The  full  representation  of  all  Member  States  and  the  involvement  of  social  partners  being 
essential for the development of Community social policy, the Commission considers that any 
reduction  of  the  number  of  members  of  the  Boards  would  be  detrimental  to  the  tripartite 
representation  of  all  Member  States  and  would  not  be  advisable.  On  the  other  hand,  the 
different  nature  of  the  responsibilities  entrusted  to  the  Agency,  as  compared  to  other 
Community  agencies,  precludes  the  Commission  to  consider  the  European  Parliament 
suggestion for joint administrative Boards for bodies with similar responsibilities. Therefore, 
while maintaining the national and tripartite character of the Boards, which is a key feature of 
the  agencies,  the  Commission  proposes  to  rationalise  the  Boards'  working  methods  by 
reinforcing the strategic role of the Boards and reducing the frequency of meetings to once a 
year. This should ensure that enlargement will not have a negative financial impact. 

3. 

JUSTIFICATION OF THE COMMISSION'S PROPOSALS 

In  the  light  of  the  findings  of  the  external  evaluators,  of  practice  in  recent  years  and  of  the 
above-mentioned  Joint  Opinion  delivered  by  the  three  relevant  Boards,  the  Commission 
proposes  changes  to  the  basic  Regulation  of  the  Foundation,  with  a  view  to  increasing 
effectiveness and cost efficiency. Similar changes are proposed for Cedefop and EU-OSHA.  

The  proposed  changes  concern  mainly  the  governance  and  functioning  of  the  Board.  The 
national  tripartite  representation  in  the  Board  is  acknowledged  as  a  key  element  of  success 
and  maintained.  The  existing  three  groups,  namely  government,  employers'  and  employees' 
representatives are formalised, as is the designation of a co-ordinator within each group. 

The  Commission  proposes  that  the  Board  meets  in  principle  once  every  year  and  takes  all 
strategic decisions in relation to the annual work programme and the budget. This shift from 
administrative  to  strategic  tasks  is  reflected  in  the  modification  of  the  denomination  of  the 
Board from Administrative Board to Governing Board.  

In  addition,  the  Commission's  proposal  gives  formal  recognition  to  the  existing  Bureau  and 
formalises  the  relationship  between  the  Bureau  and  the  Board.  The  Bureau  would  be 
composed  of  eight  members,  namely  the  Chairperson,  the  three  Vice-chairpersons  of  the 
Board,  the  three  co-ordinators,  and  one  more  representative  of  the  Commission.  Upon 
delegation  of  the  Board,  the  Bureau  will  have  the  mandate  to  take  certain  measures  on  its 
behalf. The proposed size and composition of the Bureau will ensure efficiency and reflect the 
different groups represented in the Board. The Bureau would not vote but have a consensus-
based decision-making.  

As  for  the  Committee  of  Experts,  the  proposed  provisions  would  ensure  a  structured  and 
targeted  contribution  of  external  and  independent  experts  to  the  work  of  the  Foundation,  in 
accordance with the specific needs of the different research areas.  

5 

 
 
  
 
The  proposed  staff  provisions  aim  at  the  inclusion  of  the  staff  of  the  Foundation,  recruited 
after  the  entry  into  force  of  this  Regulation,  into  the  Staff  Regulation  and  Conditions  of 
Employment of Other Servants4. 

4. 

SUBSIDIARITY AND PROPORTIONALITY 

The tasks of the Foundation are to develop and to pursue ideas on the improvement of living 
and working conditions in the medium and long term in the light of practical experience and 
to  identify  factors  leading  to  change.  It  provides  data  and  analysis  for  informing  and 
supporting  the  formulation  of  EU  policy  on  working  and  living  conditions.  In  this  way,  the 
Agency conforms to the principles of subsidiarity and proportionality. 

5. 

LEGAL BASIS 

Article 235 of the Treaty establishing the European Community (now Article 308) provided 
the legal base for the basic Regulation; therefore the Commission considers Article 308 to be 
the legal base for the amendments proposed to this Regulation. 

6. 

COMMENTARY ON THE AMENDMENTS PROPOSED 

Article 1 of the proposed Regulation: 

Article 3(2):  

A specific reference is added to the need for appropriate co-operation with EU-OSHA. This is 
in  line  with  current  practice  and  with  a  similar  provision  in  the  Regulation  for  EU-OSHA. 
Both bodies operate in the social policy area, although they each have distinctive tasks. 

Strengthening  the  existing  co-operation  between  the  two  bodies  is  already  under  way.  In 
2001, the two agencies signed a Memorandum of Understanding, which sets out guidelines to 
ensure efficient co-operation following the recommendations of the external evaluation. More 
recently,  in  June  2003,  they  signed  a  co-operation  agreement  which  identified  concrete 
actions  and  activities.  The  Commission,  taking  account  of  the  comments  of  the  European 
Parliament and the European Economic and Social Committee on this issue, considers that it 
is important to have an explicit reference to this co-operation in the Regulation and proposes 
the same reference in the proposal amending the Regulation of the EU-OSHA.  

Article 5:  

The Bureau is formally recognised. In addition, the reference to the Committee of Experts is 
deleted, since this Committee will no longer exist in its current form.  

4 

The Staff Regulations of officials and the conditions of employment of other servants of the European 
Communities applicable from 5 March 1968, as laid down by Articles 2 and 3 of Council Regulation 
(EEC,  Euratom,  ECSC)  No  259/68  of  29  February  1968  (OJ  L  56,  4.3.1968)  and  later  Regulations 
amending that Regulation. 

6 

 
 
  
 
                                                 
Article 6(1):  

The amendments to this Article, relevant to the composition and functioning of the Board, are 
in line with the external evaluation and the Joint Opinion submitted to the Commission by the 
management  or  administrative  Boards  of  the  European  Foundation  for  the  Improvement  of 
Living and Working Conditions, the European Agency for Safety and Health at Work, and the 
European Centre for the Development of Vocational Training.  

The  proposed  modification  does  not  change  the  national  and  tripartite  composition  of  the 
Board;  however  the  wording  allows  for  maintaining  the  principle  of  national  and  tripartite 
representation for each Member State without the need for amendments to the article in case 
of change of number of Member States.  

Article 6(2):  

A gender dimension is introduced in the composition of the Board through a provision based 
on  Article  3  of  the  Treaty  on  balanced  representation  in  the  Board  of  the  Foundation.  In 
addition, a subparagraph has been added on the need to publish the list of Board members in 
the  Official  Journal  of  the  European  Union  for  information  purposes.  The  latter  provision 
reflects the current practice of the Foundation and is in line with the European Union's policy 
of transparency and access to information for citizens.  

Article 6(4):  

It is clearly expressed that the Chairperson and Vice-Chairpersons shall represent each of the 
Groups  of  the  Board  as  well  as  the  Commission.  This  clarifies  the  fact  that  one  of  the 
Chairpersons  represents  the  Commission,  as  expressed  in  the  provisions  of  the  Rules  of 
Procedure of the Foundation. In addition, the period of mandate of the Chairpersons is set at 
one year renewable, which is justified in particular by the need for continuity since the Board 
will meet only once a year.  

Article 6(5):  

The frequency of meetings is reduced to once a year instead of twice. This is justified by the 
new,  more  strategic  role  of  the  Board,  and  its  large  number  of  members.  If  necessary, 
additional  meetings  may  be  convened  at  the  request  of  at  least  one  third  of  the  Board 
members. 

Article 6(7) – 6(10):  

The  Groups  and  the  co-ordinators  of  the  social  partners'  organisations  at  European  level, 
which already play an important role for the preparation of decisions, are formally recognised 
through point 7. 

The aim is to formalise the existence of the three groups represented in the Board and the way 
they  operate.  In  practice  there  are  three  separate  groups:  representatives  of  national 
governments, employees' organisations and employers’ organisations. Before Board meetings, 
the  three  groups  hold  separate  internal  discussions,  the  results  of  which  are  reported  in  the 
Board meeting, without prejudice to each Board member’s individual entitlement to be given 
the floor.  

7 

 
 
  
 
In this context it is important to note that representatives of the social partners’ organisations 
at Community level who also attend the Board meetings without being entitled to vote, play 
an  active  role  in  the  work  of  the  Board,  in  particular  by  co-ordinating  views  within  the 
respective  groups.  As  requested  in  the  Joint  Opinion  of  the  three  Community  bodies 
concerning  the  future  governance  of  their  Boards,  it  is  proposed  that  the  government  group 
also designate a co-ordinator, for reasons of balance among the groups and of better efficiency 
of the Board's work.  

The Commission believes that, as this organisational structure has proven its usefulness and is 
supported  by  stakeholders,  it  seems  appropriate  to  formalise  it  in  principle,  leaving  any 
operational details to a new set of rules of procedure. 

The responsibilities, composition and operational rules of the Bureau are stated in the Rules 
of procedure, without any reference in the Regulation. In point 8, it is proposed to formalise 
the role of the Bureau, since it will have more responsibilities delegated to it by the Board. 
The  wording  reflects  current  practice  of  the  Foundation.  The  number  of  members  (the 
chairman and the three vice-chairmen of the Governing Board, the three co-ordinators of the 
groups  and  one  more  representative  of  the  Commission)  is  sufficient  to  ensure  that  the 
different  opinions  of  the  Board  are  taken  into  account,  while  not  exceeding  a  number  that 
would have a negative impact on the efficiency of the proceedings.  

Point 9 states that the Board will decide on the annual schedule of  meetings of the Bureau, 
while additional meetings may be convened at the request of the Bureau members.  

Point 10 states that the Bureau shall deal with measures delegated to it by the Board and that 
decisions  be  taken  by  consensus.  If  no  consensus  can  be  reached,  the  Bureau  can  refer  the 
matter  to  the  Governing  Board  for  decision.  This  will  ensure  the  necessary  transparency 
between the Board and the Bureau, and the compliance of the proceedings of the Bureau with 
the strategic guidelines of the Board.  

Article 7(1):  

The reference to the consultation of the Committee of Experts in the preparation of the work 
programme of the Foundation is deleted, since the Committee will be replaced by a model for 
ad hoc contribution of external experts on specific issues in relation to the work programme.  

Article 7(4): 

A new point is added  to  determine  the  mandate  of the Bureau: It shall not overlap with the 
prerogatives  of  the  Director,  nor  the  exclusive  competencies  of  the  Board  in  relation  to  the 
work programme and the budget of the Foundation.  

Article 9: 

Amendments have been added to ensure that the tasks of the Director in relation to the Board 
also include the Bureau, where appropriate.  

Article 10:  

The article is amended to reflect the new role and tasks of external experts. The Board may 
take the necessary measures to ensure the contribution of independent experts, on a proposal 
of the Director.  

8 

 
 
  
 
Article 11:  

Since  the  Committee  of  Experts  will  be  replaced  by  a  more  flexible  model  for  expert 
contributions, Article 11 on the role and functioning of this Committee should be deleted.  

Article 12(1):  

The  reference  to  the  Committee  of  Experts  in  relation  to  the  preparation  of  the  work 
programme  of  the  Foundation  is  made  superfluous  by  the  fact  that  this  Committee  will  no 
longer exist in its current form.  

Article 17:  

The current specific provisions of the Foundation are replaced by the standard provisions for 
Agency  staff  in  relation  to  the  regulations  and  rules  applicable  to  the  officials  and  other 
servants of the European Communities. The Community rules will apply to Foundation staff 
recruited after the entry into force of this Regulation. As laid down in Article 2, (see below), 
the current rules will continue to apply to staff recruited under these rules.  

In addition, it is proposed that all references to "the Administrative Board" in this Regulation 
shall be replaced by "the Governing Board" in order to reflect more accurately the strategic 
role of the Board.  

Article 2 of the proposed Regulation:  

This  article  states  that  the  current  staff  provisions,  Council  Regulation  (ESC,  EEC, 
EURATOM) No 1860/76, will continue to apply to the staff of the Foundation recruited under 
this Regulation.  

7. 

BUDGET CHARACTERISTICS:  

The proposed changes will have no impact on the overall budget of the Foundation, in the 
sense that no new activities are launched. As a consequence, the proposal is presented without 
a financial statement. 

9 

 
 
  
 
2004/0026 (CNS) 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EEC) No 1365/75 on the creation of a European Foundation for 
the Improvement of Living and Working Conditions 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 308 thereof, 

Having regard to the proposal from the Commission5, 

Having regard to the opinion of the European Parliament6, 

Having regard to the opinion of the European Economic and Social Committee7, 

Having regard to the opinion of the Committee of the Regions8, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

5 
6 
7 
8 
9 

10 

Council Regulation (EEC) No 1365/75 on the creation of a European Foundation for 
the Improvement of Living and Working Conditions9 includes provisions concerning 
the  organisation  of  the  Foundation,  and  in  particular  of  its  Administrative  Board. 
These provisions have  been amended  several times following each accession  of  new 
Member States, when new members had to be added to the Administrative Board.  

The  external  evaluation  of  the  European  Foundation  for  the  Improvement  of  Living 
and Working Conditions (hereinafter “the Foundation”) carried out in 2001 underlines 
the need to adapt the provisions of Regulation (EEC) No 1365/75 in order to maintain 
the  efficiency  and  effectiveness  of  the  Foundation  and  its  management  structures, 
including a revision of the provisions concerning the Committee of Experts. 

The European Parliament has called upon the Commission to review the composition 
and working methods of agencies' boards and to put forward appropriate proposals10. 

A  Joint  Opinion  concerning  the  future  governance  and  functioning  of  the  Boards  of 
the Foundation, the European Agency for Safety and Health at Work and the European 

OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ  L  139.  30.5.1975,  p.1,  last  amended  by  Council  Regulation  (EC)  No  1649/2003  (OJ  L  245, 
29.9.2003, p. 25. 
EP A5-0079/2003§28 

10 

 
 
  
 
                                                 
Centre  for  the  Development  of  Vocational  Training  has  been  submitted  to  the 
Commission by their respective management or administrative Boards. 

(5) 

(6) 

(7) 

(8) 

(9) 

The  tripartite  governance  of  the  Foundation,  the  European  Agency  for  Safety  and 
Health at Work and the European Centre for the Development of Vocational Training 
by representatives of national governments, employers’ organisations and employees’ 
organisations, is fundamental to the success of those bodies.  

The  participation  of  the  social  partners  in  the  governance  of  those  three  Community 
bodies  creates  a  specificity,  which  requires  them  to  function  according  to  common 
rules.  

The  existence,  within  the  tripartite  Board,  of  the  three  groups,  drawn  from 
government,  employers  and  employees  and  the  designation  of  a  co-ordinator  for  the 
groups  of  employers  and  employees  have  proved  to  be  essential.  That  arrangement 
should therefore be formalised and also extended to the government group. 

The maintenance of the tripartite representation from each Member State ensures that 
all  major  stakeholders  are  involved  and  that  account  is  taken  of  the  diversity  of 
interests and approaches which characterise social issues. 

It  is  necessary  to  anticipate  the  practical  consequences  for  the  Foundation  of  the 
forthcoming enlargement of the Union. The composition and functioning of its Board 
should be adjusted to take account of the accession of new Member States. 

(10)  The  Bureau,  provided  for  in  the  Rules  of  Procedure  of  the  Board,  needs  to  be 
strengthened  in  order  to  ensure  continuity  in  the  functioning  of  the  Foundation  and 
efficiency  in  its  decision-making;  the  composition  of  the  Bureau  should  continue  to 
reflect the tripartite structure of the Board. 

(11)  According  to  Article  3  of  the  Treaty,  the  Community  shall  aim  to  eliminate 
inequalities  and  promote  equality  between  men  and  women  in  all  its  activities. 
Therefore,  it  is  appropriate  to  make  provision  for  encouraging  a  balanced 
representation of men and women in the composition of the Board. 

(12)  The Board should have the possibility to ensure a formal contribution of independent 
experts  for  a  limited  duration  in  accordance  with  specific  needs  in  relation  to  the 
implementation of the work programme. 

(13)  The Foundation is the only Community Agency that has its own Staff Regulations. In 
view  of  the  planned  entry  into  force  of  the  Reform  of  the  Staff  Regulations  of  the 
European  Communities  in  2004,  it  is  appropriate  to  remedy  this  incoherence  and  to 
adapt  the  provisions  relating  to  the  staff  of  the  Foundation.  Council  Regulation 
(ECSC,EEC,EURATOM) No 1860/76 laying down the Conditions of Employment of 
Staff  of  the  European  Foundation  for  the  Improvement  of  Living  and  Working 
Conditions11 should continue to apply to staff  members of the Foundation who  were 
recruited under the rules of that Regulation. 

(14)  Regulation (EEC) No 1365/75 should therefore be amended accordingly.  

11 

OJ L 214. 6.8.1976, p. 24 

11 

 
 
  
 
                                                 
(15)  The Treaty does not provide, for the adoption of this Regulation, for powers other than 

those under Article 308, 

HAS ADOPTED THIS REGULATION: 

Article 1 

Regulation (EEC) No 1365/75 is amended as follows: 

(1) 

In Article 3, paragraph 2 is replaced by the following:  

“2 The Foundation shall cooperate as closely as possible with specialised institutions, 
foundations and bodies in the Member States and at international level. In particular, the 
Foundation shall ensure appropriate co-operation with the European Agency for Safety and 
Health at Work, without prejudice to its own aims." 

(2) 

Article 5 is replaced by the following:  

"Article 5.  

The Foundation shall comprise:  

(a) a Governing Board; 

(b) a Bureau; 

(c) a Director and Deputy Director. “ 

(3) 

Article 6 is replaced by the following: 

1. The Governing Board shall consist of: 

“Article 6 

(a) one member representing the Government from each Member State; 

(b) one member representing the employers’ organisations from each Member State; 

(c) one member representing the employees’ organisations from each Member State; 

(d) three members representing the Commission. 

2. 
The members referred to in paragraph 1(a), (b) and (c) shall be appointed by 
the Council on the basis of one member for each Member State and for each of the 
above  mentioned  categories.  The  Council  shall  at  the  same  time  appoint  under  the 
same conditions as for the members an alternate to attend meetings of the Governing 
Board only in the absence of the member.  

The Commission shall appoint the members and alternates who are to represent it. 

12 

 
 
  
 
 
When submitting the lists of candidates, the Member States, employers' organisations 
and employees' organisations shall endeavour to ensure a balanced representation of 
men and women in the composition of the Governing Board.  

The list of members of the Governing Board shall be published by the Council in the 
Official Journal of the European Union. 

3.The term of office of members of the Governing Board shall be three years. It shall 
be renewable.  

Upon the expiry of their term of office or in the event of their resignation, members 
shall remain in office until their appointments are renewed or until they are replaced. 

4.  The  Governing  Board  shall  elect  its  chairman  and  three  vice-chairmen,  from 
among the three groups referred to in paragraph 7 and the Commission, to serve for a 
period of one year, which may be renewed. 

5. The chairman shall convene the Governing Board once a year. The chairman shall 
convene additional meetings at the request of at least one-third of the members of the 
Governing Board. 

6.  Decisions  by  the  Governing  Board  shall  be  taken  by  an  absolute  majority  of  its 
members. 

7.  Within  the  Governing  Board,  the  representatives  of  governments,  employees' 
organisations and employers' organisations shall each form a group. Each group shall 
designate a co-ordinator. The co-ordinators of the employees' and employers' groups 
shall be representatives of their respective organisations at European level and attend 
the Board meetings without the right to vote. 

8. The Governing Board shall establish a Bureau. The Bureau shall be made up of the 
chairman and the three vice-chairmen of the Governing Board, one co-ordinator per 
group referred to in paragraph 7 and one more representative of the Commission. 

9. The annual schedule of meetings of the Bureau shall be decided by the Governing 
Board. The chairman shall convene additional meetings of the Bureau at the request 
of its members. 

10.  Decisions  by  the  Bureau  shall  be  taken  by  consensus.  If  no  consensus  can  be 
reached, the Bureau shall refer the matter to the Governing Board for decision.” 

(4) 

Article 7 is amended as follows:  

(a) Paragraph 1 is replaced by the following: 

"1. The Governing Board shall govern the Foundation whose guidelines it shall lay 
down. On the basis of a draft submitted by the director, the Governing Board shall, in 
agreement with the Commission, adopt the programme of work." 

(b) the following paragraph 4 is added :  

“4. Without prejudice to the responsibilities of the Director set out in Articles 8 and 
9,  the  Bureau  shall,  as  delegated  by  the  Governing  Board,  take  all  necessary 

13 

 
 
  
 
measures  for  the  management  of  the  Foundation  between  the  Governing  Board 
meetings except those referred to in Articles 12 and 15."  

(5) 

Articles 9 and 10 are replaced by the following:  

"Article 9 

1. The director shall be responsible for the management of the Foundation and shall 
implement  the  decisions  of  the  Governing  Board  and  the  Bureau.  He  shall  be  the 
legal representative of the Foundation. 

2. Without prejudice to Article 8(1), the director shall exercise the powers referred to 
in Article 17(1). 

3. The  director  shall  prepare  the  activities of the Governing Board and the Bureau. 
The director,  or  the  deputy director,  or both  shall  attend  the  meetings  of  the  Board 
and Bureau. 

4.  The  director  shall  be  accountable  to  the  Governing  Board  for  the  running  of  the 
Foundation. 

Article 10  

The  Governing  Board  shall  have  the  possibility  to  seek  the  opinion  of  independent 
experts on specific issues in relation to the annual work programme, on the proposal 
of the Director." 

(6) 

(7) 

Article 11 is deleted.  

In Article 12(1) the second subparagraph is replaced by the following:  

"When drawing up the programme, the director shall take account of the opinions of 
the Community institutions and the European Economic and Social Committee." 

(8) 

Article 17 is replaced by the following:  

"Article 17 

1.  The  staff  of  the  Foundation  recruited  after  [date  of  entry  into  force  of  this 
Regulation]  shall  be  subject  to  the  Staff  Regulations  applicable  to  officials  of  the 
European Communities or, as the case may be, to the Conditions of Employment of 
other  Servants  of  the  European  Communities.  The  Foundation  shall  exercise,  in 
respect  of  the  staff,  the  powers  conferred  on  the  appointing  authority  or  the 
contracting authority as the case may be. 

2.  The  Governing  Board  shall,  in  agreement  with  the  Commission,  adopt  the 
appropriate implementing rules." 

(9) 

Each time the term "Administrative Board” or ”Management Board" appears in the 
articles , it is replaced by "Governing Board". 

14 

 
 
  
 
Article 2 

Regulation (ECSC,EEC,EURATOM) No 1860/76 shall continue to apply to staff members of 
the European Foundation for the Improvement of Living and Working Conditions who were 
recruited under the rules of that Regulation. 

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

Article 3 

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

Done at Brussels,  

For the Council 
The President 

15