Proposal for a Council Regulation amending Regulation (EC) No 2062/94 establishing a European Agency for Safety and Health at Work
Date: 2004-04-23
Institutions: European Commission
Subjects: European Agency for Safety and Health at Work, dissemination of information, governance, information network, management, rules of procedure

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 23.04.2004 
COM(2004)50 final 

2004/0014 (CNS) 

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL, THE 
EUROPEAN PARLIAMENT, THE EUROPEAN ECONOMIC AND SOCIAL 
COMMITTEE AND THE COMMITTEE OF THE REGIONS 

on the evaluation of the European Agency for Safety and Health at Work accompanied 
by a 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 2062/94 establishing a European Agency for Safety and 
Health at Work 

. 

 (presented by the Commission) 

EN 

   EN 

 
 
 
  
CONTEXT 

Following the Commission’s presentation of its programme in the field of health and safety at 
work,  the  Council  in  its  resolution  of  21  December  19871  requested  the  Commission  "to 
examine  how  the  exchange  of  information  and  experience  in  the  field  covered  by  this 
resolution can be improved, particularly as regards the gathering and dissemination of data 
and the advisability of setting up Community machinery to study the repercussions at national 
level of Community measures in this field ". 

Via  its  Regulation  (EC)  No  2062/94  of  18  July  19942  the  Council  established  a  European 
Agency for Safety and Health at Work (hereinafter "the Agency"). This Agency, which was 
amended by Council Regulation (EC) No 1643/953 of 29 June 1995, contains a review clause 
in Article 23. This clause stipulates that "[n]o later than five years after the entry into force of 
this  Regulation,  on  the  basis  of  a  Commission  report,  accompanied  as  appropriate  by  a 
proposal,  the  Council,  having  consulted  the  European  Parliament,  shall  review  this 
Regulation and any new assignment for the Agency that proves necessary." 

Given that the Agency did not become fully operational until after September 1996, the date 
on which the director took up office, the Commission transmitted to the Council a progress 
report4 on the operation of the Agency on 23 March 2001. This first report provided a general 
overview  of  the  progress,  achieved  in  the  operational  set-up  of  the  European  Agency  for 
Safety  and  Health  at  Work,  rather  than  a  detailed  performance  evaluation  towards  its 
objectives.  It  was  said  that  the  precise  evaluation  of  its  performance,  and  the  impact  of  the 
Agency's  information  activities,  would  be  submitted  to  Council  once  the  results  of  the 
extended  evaluation  launched  were  available  and  had  been  analysed  by  the  Commission. 
Besides,  the  Commission  indicated  that,  at  its  request,  an  external  evaluation  had  been 
decided  upon  by  the  Agency’s  Administrative  Board.  Complementary  to  this  evaluation,  a 
survey of more forward-looking elements would be organised as well allowing for a review of 
its communication strategy. 

On 11 March 2002, the Commission presented a communication addressed to the interested 
parties on the guidelines of its new strategy regarding well-being at work5. In this document, 
the Commission described the elements to be put in place in order to consolidate a genuine 
global  approach,  based  on  a  culture  of  risk  prevention,  on  combining  a  variety  of  political 
instruments and on building partnerships between all the players. In this context it emphasised 
the key role which the Agency will have to play in promoting prevention and the collection 
and  dissemination  of  information,  notably  by  creating  a  "risk  observatory".  This  “new 
strategy” was very well received by the Council6 and the Parliament7, which reiterated their 
support. The Economic and Social Committee also delivered a positive opinion. 

1 
2 
3 
4 

5 

6 
7 

OJ C 28 of 3.2.1988, page 1. 
OJ L 216 of 20.8.1994, page 1. 
OJ L 156 of 7.7.1995, page 1. 
“Communication  from  the  Commission  to  the  Council  regarding  the  Commission’s  report  on  the 
European Agency for Safety and Health at Work”, COM(2001)163 of 23.03.2001. 
"Adapting  to  change  in  work  and  society:  a  new  Community  strategy  on  health  and  safety  at  work 
2002-2006", COM(2002) 118 final of 11.03.2002. 
Council Resolution of 3.06.2002 (OJ 161 of 5.07.2002, page 1). 
Parliament Resolution of 23.10.2002, doc PE 323.680, page 9. 

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EXTERNAL EVALUATION 

Anticipating  the  conclusions  of  the  Commission’s  Report  of  23  March  2001,  the  Bilbao 
Agency  had  commissioned  an  external  consultant  to  prepare  an  evaluation  report  on  its 
activities. 

This report was presented to the Commission and the Administrative Board during a seminar 
organised in Bilbao in March 2001. The chief conclusions of this report can be summarised as 
follows: 

The Agency has succeeded in putting in place an infrastructure to provide information in the 
field  of  health  and  safety  at work, both at the level of data dissemination techniques  and at 
that of a network structure; 

The Agency has partly succeeded in achieving its goal, i.e. in addressing clients’ needs ; 

The  Agency  has  only  made  a  small  contribution  to  giving  added  value  to  the  information 
received from the national networks ; 

Generally  speaking,  the  Agency  has  reasonably  achieved  the  aims  set  out  in  Council 
Regulation  (EC)  No  2062/94,  notably  in  the  light  of  the  time  at  its  disposal  and  the 
complexity of the tasks. 

The external consultant’s report also contained the following recommendations: 

Considerably  improve  communications  with  the  different  clients,  notably  the  small  and 
medium-sized enterprises (SMEs); 

Develop innovative concepts in the field of health and safety at work, taking into account the 
changes in the world of work; 

Further develop its network, paying closer attention to the different national networks and the 
clients’ needs; 

Develop the Agency’s management structure as well as its strategy, notably by making better 
use of the tripartism of its Administrative Board ; more specifically, ensure the permanence of 
the resources available to the Agency. 

Augment the Agency’s internal capacities by improving internal communication via flexible 
procedures,  guaranteeing  a  high  level  of  personnel  skills,  and  better  management  of  human 
resources. 

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THE AGENCY’S RESPONSE 

Reacting  to  all  these  comments,  the  Agency  replied  (May  2001)  that  in  view  of  the  limited 
time available and the complexity of the task, the contractor had accomplished his evaluation 
task  in  a  satisfactory  manner.  The  Agency  noted  that  the  evaluation  had  identified  five  key 
areas  for  improvement.  It  also  concluded  that  the  primary  task  was  to  eliminate  the 
communications and networking deficiencies, before laying down operational priorities as a 
function of the available resources. 

THE OPINION OF THE INTEREST GROUPS 

Besides  this  external  evaluation  made  in  2001,  the  interest  groups  (employers,  workers  and 
government representatives) have in the meantime expressed their views and have made their 
own observations and recommendations. A large number of these comments are akin to the 
contractor’s,  although  the  perception  of  certain  problems  seems  to  differ  greatly  from  one 
group to another. 

The  government  representatives  responsible  for  health  and  safety  at  work  have  generally 
called  for  a  thorough  review  of  the  Regulation,  notably  as  regards  its  scope.  They  seek 
clarification  of  the  Agency’s  assignments  and  responsibilities  and  more  specific  provisions 
governing  the  composition  and  election  of  the  members  of  its  Administrative  Board,  the 
Bureau,  and  the  role  of  the  Commission  in  laying  down  priorities;  a  restructuring  of  the 
Agency's  management,  its  staff  and  its  network  and  the  inclusion  of  added  value  by 
amalgamating  the  information  received  and  giving  it  a  European  dimension;  at  the  level  of 
national  focal  points,  they  want  a  tripartite  structure  similar  to  that  of  the  Agency's 
Administrative  Board  to  be  established  on  a  sound  legal  basis  and  they  want  sufficient 
resources to produce, assemble and disseminate the information at national level. 

The  employers’  representatives  generally  consider  that  the  Agency  has  not  fully  completed 
the tasks vested in it by Council Regulation No 2062/94. More specific comments include the 
proposal  to  improve  communications  with  clients.  Notably,  this  group  suggests  the 
introduction  of  added  value  by  presenting  the  information  in  such  a  way  as  to  immediately 
contribute to resolving the problems which have arisen, particularly for SMEs. 

This  group  also  supports  the  external  contractor’s  second  recommendation,  viz.  the 
development of innovative concepts in the field of health and safety at work, bearing in mind 
the changes in the world of work. 

As regards the Agency’s role compared with that of the focal points in the Member States, the 
employers’ group considers that it is not within the Agency’s remit to impose tasks upon them 
–  rather,  the  Agency’s  assignment  is  to  process  the  information  which  it  has  received  from 
them, so as to present it in such a way as to provide immediate benefits to all clients.  

Finally,  as  regards  improving  the  structure  and  management of  the Agency, and in order to 
lower the level of client dissatisfaction -- which this group considers to be relatively high -- 
their representatives propose enhancing the role of the Administrative Board and giving the 
Bureau more executive powers. 

4 

 
 
  
 
The  workers’  representatives  point  out  that  the  evaluation  report  does  not  give  sufficiently 
detailed  answers  to  ensure  full  compliance  with  all  the  provisions  of  the  Regulation 
establishing the Agency: the report does not show to what extent the procedures, the structure 
of the network used, etc. are efficient. The report does not give a global answer as to how the 
different  products  really  satisfy  the  users’  different  needs.  Besides,  this  group  also  calls  for 
the tripartite system of the Administrative Board to be introduced at the level of the national 
focal points, as do the government representatives. 

The proposals made include the suggestion that the Agency’s strategy be extended to include 
follow-up  activities  (monitoring)  in  high  risk  areas  and  one-off  activities,  such  as  safety 
campaigns. 

The group is particularly interested in access to sources of information and the added value 
associated with the establishment of a research methodology and the processing and storing of 
information  on  a  thematic  basis.  Naturally,  this  group  insists  that  the  Agency  be  granted 
sufficient resources to fulfil its mission. 

THE  OPINION  OF  THE  ADVISORY  COMMITTEE  ON  SAFETY,  HYGIENE  AND 
HEALTH PROTECTION AT WORK (CCSHS)8 

The  Advisory  Committee  on  Safety,  Hygiene  and  Health  Protection  at  Work,  in  which  the 
three abovementioned groups are formally represented, has also addressed the question. At its 
plenary meeting of 15 May 2003, the Committee delivered an opinion in which it:  

(cid:136) “reiterates the need to amend the Council Regulation (Articles 3 and 4) and not to stop at 
informal recommendations which have proved to have their limitations. The purpose of such 
amendment should be to clarify the objective and tasks of the Agency, the way information 
should  be  processed,  the  role  of  the  actors,  and  the  way  in  which  the  Agency  operates  and 
functions. 

With  this  in  mind,  the  Committee  would  like  to  draw  the  following  matters  to  the 
Commission's attention and ask it to take account of them: 

the need to situate the Agency’s activities in the context of the "Community strategy on health 
and  safety  at  work  2002-2006"  and  to  ensure  that  the  Agency  not  only  collects,  but  also 
ensures the processing of certain information; 

the benefits of redefining the Agency's tasks so there is no doubt that major operations such as 
the "SME programme" or the "European Health and Safety Week" fall within the its legal and 
financial framework and so that "database" or "observatory" projects also have a place; 

the  need  to  specify  the  nature  and  role  of  the  Focal  Points:  whether  there  is  unanimous 
agreement  that  the  Focal  Points  must  function  in  a  manner  which  respects  the  principle  of 
tripartism, that the way they function is not in line with the agreement, and that the question 
remains open as to whether the Focal Points are Agency bodies (which have to operate using 
Agency  resources)  or  national  structures  (in  which  case  the  Agency  cannot  give  them 
unlimited orders); 

the  Committee's  desire  not  to  extend  the  Agency's  responsibilities  to  include  legislation 

8 

Tripartite Committee created by Council Decision of 27/6/1974 (74/325/CEE, JO L185 of 9.7.1974). 

5 

 
 
  
 
                                                 
issues,  which  come  under  the  jurisdiction  of  the  Community  institutions  (Commission, 
Council,  Parliament),  the  European  social  partners  and  the  Luxembourg  Committee.

(cid:136) Governance  

The Committee feels it is essential and urgent to amend the Council Regulation with regard to 
all the points concerning governance made in the joint resolution of 20 December 2002 (joint 
opinion  of  the  Bilbao,  Dublin  and  Thessaloniki  agencies9).  The  priority  should  be  for  this 
resolution  to  be  applied  in  its  entirety,  and  it  should  replace  the  recommendations  on  these 
points in the Advisory Committee's opinion of 29 November 2001. 

(cid:136) Operating practices 

The  Committee  reiterates  the  need  for  the  information  provided  by  the  Agency  to  be 
accessible to as many final users as possible, in several countries at the same time. This is a 
key point in the evaluation. 

In  this  connection  it  feels  that  the  language  issue  must  be  resolved  soon.  The  evaluation 
shows that users are able to exploit information only if it is available in their mother tongue. 
The  Committee  is  aware  that  it  is  not  possible  for  all  information  to  be  available  in  all 
languages and would like the Focal Points and national social partners to play an active role 
in selecting the information to be translated. 

SUMMARY AND ANALYSIS IN THE LIGHT OF COUNCIL REGULATION 2062/94 

A comparison of the remarks and comments with the text of the Regulation establishing the 
Agency leads to the following conclusions. 

The Agency’s objective as set out in Article 2 is not contested by the evaluators even if they 
differ  as  to  the  extent  to  which  it  has  been  achieved.  Consequently,  the  Agency’s  objective 
remains a key issue, viz.: 

“In order to encourage improvements, especially in the working environment, as regards the 
protection  of  the  safety  and  health  of  workers  as  provided  for  in  the  Treaty  and  successive 
action  programmes  concerning  health  and  safety  at  the  workplace,  the  aim  of  the  Agency 
shall be to provide the Community bodies, the Member States and those involved in the field 
with the technical, scientific and economic information of use in the field of safety and health 
at work.” 

Nevertheless the Commission considers that the Agency’s objective could be fleshed out by 
introducing an explicit reference to the Community strategies. 

9  

European Agency for Safety and Health at Work, European Foundation for the Improvement of Living 
and Working Conditions and European Centre for the Development of Vocational Training. 

6 

 
 
  
 
 
                                                                                                                                                         
As  regards  the  Agency’s  role  (Article  3)  and  the  achievement  of  its  assignments,  all  the 
evaluators emphasise two elements which are not quite satisfactory: firstly, the question of the 
adding value in order to ensure that the "products" supplied are useful and directly benefit the 
interested  parties,  in  particular  the  SMEs;  secondly,  improvement  of  the  Agency’s 
communications with its clients. 

The Commission considers that these two grievances do not reflect deficiencies in the text of 
Article  3  of  the  Regulation  but  concern  the  implementation  of  the  Agency’s  current 
assignments. The existing text makes it possible to accommodate the demands made by the 
Advisory Committee. Consequently, the Commission considers that Article 3 clearly defines 
the  scope  of  activity  which  the  Council  envisaged  for  the  Agency  and  permits  the 
developments suggested by the evaluators – notably the activities of the Agency described in 
the context of the Community strategy for health and safety at work 2002-2006, including its 
role as "risk observatory"; however, the text could be more clearly formulated as regards the 
relationships  between  the  Agency  and  its  partners  and  the  need  to  furnish  products  which 
clients  can  utilise  straight  away.  Hence  the  Commission  proposes  that  the  amendments  be 
confined to relatively minor modifications. 

Article  4  of  the  Regulation  prescribes  the  manner  in  which  the  Agency  must  set  up  its 
network. 

Clearly, opinions differ as regards the scope of this Article and its implementation, notably as 
regards  the  role,  positioning  and  structure  of  the  national  focal  points.  For  example,  the 
employers’  representatives  are  opposed  to  being  subordinated  to  the  Agency.  In  the 
Commission’s view, the text of Article 4 clearly stipulates that the national focal points are 
part  of  the  national  information  networks;  hence  they  can  neither  be  subordinated  to  the 
Agency  nor  financed  by  the  Agency  outside  the  arrangements  provided  in  Article  5.  By 
establishing  the  Agency  under  Regulation  No  2062/94,  the  Member  States  had  clearly 
assumed  responsibility  for  creating  focal  points  which  had  the  necessary  resources  to  work 
together  with  the  Agency  and  the  topic  centres.  Hence  the  Commission  considers  that  the 
problems of structure, functioning and funding of the national focal points is a matter for the 
Member States and that the text of the Regulation relating to these aspects will have to remain 
as it stands. 

Another  contention  as  regards  Article  4  concerns  the  fact  that  the  experts  representing  the 
workers and the government authorities consider that the national focal points should have a 
tripartite  structure  similar  to  that  of  the  Agency's  Administrative  Board.  The  Commission 
considers that it would be a good thing to add a reference indicating the need to take account 
of these viewpoints in the framework of national legislation and practices. 

Article  6  ("Access  to  documents")  and  7  ("Legal  personality")  do  not  give  rise  to  any 
comments and, besides, the evaluators made no observations concerning these articles. 

To  take  into  account  the  experience  gained  during the  first years of the Agency’s  existence 
and the abovementioned comments made by the different parties involved, a major overhaul 
of Article 8 ("Administrative Board ") is necessary: the impact of enlargement, the tripartite 
situation in the Member States, interaction with the Advisory Committee, the existence of the 
Bureau will have to be enshrined in the text; likewise, the role of the Administrative Board 
and that of the Commission deserve clarification.  

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While  Article  9  ("observers")  can  remain  as  it  stands,  this  does  not  apply  to  Article  10 
("Annual work programme – Annual general report ") and Article 11 ("Director") which will 
have to reflect the amendments made at the level of Article 8. 

The  entry  into  force  of  the  new  Financial  Regulation10  and  the  Framework  Financial 
Regulation11 for the bodies referred to in Article 185 of the Financial Regulation require the 
modification  of  Articles  12  to  15,  which  concern  budgetary  aspects  and  financial 
management. The review of these articles was part of the general procedure for amending the 
financial and budgetary rules of all Community agencies and was adopted by the Council on 
18 June 200312. 

CONCLUSIONS 

In conclusion, the Commission, 

•  having  analysed  the  external  consultant’s  reports  and  the  opinions  of  the  government 

experts, the social partners and the Advisory Committee,  

•  having  noted  that  the  Agency’s  activity  reports  have  been  published  very  regularly 
between  1996  and  2002,  the  period  covered  by  this  evaluation,  and  have  not  been  the 
subject of basic comments or criticisms on the part of the supervisory authorities; 

•  whereas a running-in period necessary involves shortcomings and deficiencies, in this case 
the quality of the information furnished to the clients, above all the SMEs, and the quality 
of communications with these clients, 

•  having re-examined the text establishing the Agency in the light of the criticisms made and 
the  tasks  incumbent  on  the  Agency  in  the  context  of  the  "new  community  strategy  on 
health and safety at work 2002-2006", 

•  having regard to the existence of a new Financial Regulation and new specific rules for the 

"European offices ", 

10 

11 

12 

Council  Regulation  (EC,  Euratom)  No  1605/2002  of  25  June  2002  on  the  financial  regulation 
applicable to the general budget of the European Communities, OJ L 248 of 16.09.2002. 
Commission  Regulation  (EC,  Euratom)  No  2343/2002  of  23  December  2002  on  the  framework 
financial regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 
1605/2002 on the financial regulation applicable to the general budget of the European Communities. 
As  regards  the  European  Agency  for  Safety  and  Health  at  Work,  see  Council  Regulation  (EC)  No 
1654/2003, OJ L 245 of 29.9.2003, p.  38. 

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considers that 

•  the  Agency  can  and  must  press  ahead  with  the  current  approach  while  making  sure  to 
rectify  the  abovementioned  shortcomings,  notably  to  improve  the  accessibility,  the  value 
added and the utilisation of the information supplied; 

•  all  the  Agency’s  current  activities,  including  those  provided  for  by  the  new  Community 
strategy  on  health  and  safety  at  work  2002-2006,  except  for  the  task  of  analysing  the 
information provided, come within the framework of Regulation No 2062/94, 

•  Regulation  No  2062/94  clearly  indicates  that  the  status  and  the  operation  of  the  national 
focal  points  is  the  exclusive  responsibility  of  the  Member  States  and  that  there  is  no 
overriding reason to change this situation; 

•  specifications  and  modifications  are  nevertheless  necessary  in  order  to  clarify  certain 
aspects  of  the  Regulation,  notably  Article  8,  in  order  to  take  into  account  inter  alia  the 
impact  of  enlargement,  the  tripartite  composition  of  the  Administrative  Board,  the 
existence  of  the  Bureau,  and  the  proposals  which  have  been  made  in  this  connection.

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2004/0014 (CNS) 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 2062/94 establishing a European Agency for Safety and 
Health at Work 

10 

 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

INTRODUCTION 

The European Agency for Safety and Health at Work, hereinafter referred to as "the Agency", 
was  established  in  1994  by  Council  Regulation  (EC)  N°  2062/9413,  in  Bilbao,  Spain,  and 
became fully operational in 1996. 

The  main  tasks  of  the  Agency  are  to  collect  and  disseminate  technical,  scientific  and 
economic  information  in  the  Member  States  for  the  benefit  of  Community  bodies,  Member 
States  and  interested  parties,  to  promote  and  support  co-operation  and  exchange  of 
information  and  experience  among  the  Member  States  and  in  particular  to  provide  the 
Commission  with  the  necessary  information  it  requires  to  fulfil  its  task  of  identifying, 
preparing  and  evaluating  legislation  and  measures  in  this  area,  as  regards  the  impact  of 
legislation on enterprises with particular reference to SMEs. 

As  provided  in  the  Regulation,  the  Agency  has  set  up  an  information  network,  working 
closely  with  the  Member  States'  competent  national  authorities  and  research  centres 
designated to co-ordinate and transmit the information to and from the Agency. The network 
is also extended to the EFTA countries and the acceding and candidate countries. 

2. 

CONTEXT 

Article  23  of  the  existing  Regulation  instructs  the  Commission  to  submit  a  report,  no  later 
than five years after the entry into force of the Regulation, accompanied as appropriate by a 
proposal,  on  the  basis  of  which,  after  consultation  of  the  European  Parliament,  the  Council 
will review the Regulation and any new assignment for the Agency if necessary. In 2001, the 
Commission  submitted  a  progress  report14  to  the  Council  based  on  factual  information 
available  at  that  time.  In  the  meantime,  an  external  evaluation  was  carried  out  and  all 
stakeholders  were  consulted.  The  Commission's  Communication  on  the  evaluation  of  the 
European  Agency  for  Safety  and  Health  at  Work  accompanying  this  proposal  serves  the 
purpose  of  the  report  required  by  Article  23  of  the  Regulation.  The  following  proposal  to 
amend Regulation N° 2062/94 responds to the Council's invitation to submit, as appropriate, 
such a proposal. 

13 
14 

OJ L 216, 20.8.1994. 
COM(2001)  163,  Commission  Communication  to  the  Council  concerning  Commission  Report  on  the 
European Agency for Safety and Health. 

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3. 

JUSTIFICATION OF THE COMMISSION'S PROPOSAL 

The European Agency for Safety and Health at Work is an important instrument available to 
assist the EU institutions, the Member States and other interested parties in this policy area. 
Since its creation, it has provided the Commission  with valuable data, in order to help it to 
carry out its obligations. In addition, since 1998, it has organised the annual European Week 
on  health  and  safety  at  European  and  national  levels,  a  major  awareness-raising  campaign 
which  was  previously  under  the  responsibility  of  the  Commission.  Since  2000,  the  Agency 
has  been  in  charge  of  a  specific  scheme  to  support  SMEs,  based  on  a  European  Parliament 
initiative. The Agency has developed since its creation and passed from 15 staff members in 
1997 to 45 in 2003. 

In  this  context,  the  new  Community  Strategy  on  Health  and  Safety  At  Work15  ("  the 
Community  Strategy")  entrusts  the  Agency  an  important  role  in  matters  concerning 
awareness-building  and  risk  anticipation.  As  a  result,  the  Agency  was  invited  by  the 
Commission  and  the  European  Parliament  to  adapt  its  annual  and  mid-term  programme 
according to the priorities of the Community Strategy; the actual four year rolling programme 
is in line with the Community Strategy. 

In accordance with the existing Regulation, the Agency has a tripartite Administrative Board 
composed  of  national  representatives  of  governments',  employers'  organisations  and 
employees' organisations (45 members) and the Commission (3 representatives). The national 
and tripartite composition of the Administrative Board of the Agency is a feature shared with 
two  other  decentralised  Agencies,  the  European  Foundation  for  the  Improvement  of  Living 
and Working Conditions, in Dublin, Ireland, and the European Centre for the Development of 
Vocational Training (Cedefop), in Thessaloniki, Greece. The employers' and the employees' 
organisations at European level have an observer each in the Board. The Director is the legal 
representative of the Agency, responsible for the preparation and execution of decisions of the 
Board and for day-to-day management. 

The  Board  meets  twice  a  year  to  take  decisions  related  to  the  work  programme  and  the 
budget,  while  its  Bureau,  in  accordance  with  the  Rules  of  Procedure,  takes  urgent  and 
necessary measures between the Board meetings and ensures the proper preparation of those 
meetings.  However,  the  Board  is  still  in  charge  of  a  number  of  cumbersome  and  time-
consuming  administrative  issues,  which  do  not  leave  enough  room  for  more  important 
strategic deliberations on the functioning and role of the Agency. Taking into account that due 
to enlargement the members of the Board will increase from 48 to 78 from May 2004, it is 
important  to  ensure  that  the  Board  maintains its capacity to provide a strategic contribution 
after the accession of the new Member States. 

Therefore,  the  Commission  considers  that  some  amendments  are  necessary  to  ensure 
efficiency and increase the added-value of the work of the Agency. 

15 

COM(2002)118  final  -  Commission  Communication  Adapting  to  change  in  work  and  society:  a  new 
Community strategy on health and safety at work 2002-2006. 

12 

 
 
  
 
                                                 
These amendments fall into the following main categories:  

– 

– 

– 

– 

those intended to clarify the objectives and tasks of the Agency (better link with the 
priorities  of  the  Community  Strategy;  strengthen  the  Agency's  capacity  of  data 
analysis  ;  focus  more  on  the  needs  of  SMEs;  provide  more  accessible  and 
comprehensible information to the final users, etc (Articles 2 and 3));  

those  intended  to  improve  the  functioning  of  the  Board  and  strengthen  its  strategic 
role and the executive role of the Bureau, while leaving the director accountable and 
responsible for every-day management (Article 8); 

those  intended  to  reinforce  the  role  of  the  social  partners  in  the  Agency's  network 
with the Member States, (Article 4(2)).  

those intended to reinforce co-operation with other Community bodies in the social 
policy area (Article 3(2)).  

The amendments proposed are based on the findings of the external evaluation of 2001, the 
consultation  of  the  governments',  employers'  and  employees'  groups  of  the  Board,  the 
Advisory Committee on Health and Safety at Work, as well as the analysis of the Commission 
services, as presented in the Commission Communication accompanying this proposal. 

The  proposal  also  reflects  the  recommendations  on  the  role  of  the  Agency  made  by  the 
Council16  and  the  European  Parliament17  in  their  respective  Resolutions  as  well  as  in  the 
Opinion  of 
the  Commission 
Communication on the Community Strategy.  

the  European  Economic  and  Social  Committee18  on 

The  Commission  has  carefully  considered  the  invitation  of  the  European  Parliament  to 
rationalise  the  functioning  of  these  Bodies19.  Since  the  full  representation  of  all  Member 
States and the involvement of social partners are 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  from 
considering  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. 

16 
17 
18 
19 

OJ C 161, 5.7.2002. 
EP Resolution adopted on 23.10.2002, A5-0310/2002 final. 
ESC Opinion, SOC/102, 17.7.2002. 
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  and,  in  so  doing,  to  examine  whether  provision 
could be made for joint administrative boards for bodies with similar responsibilities". 

13 

 
 
  
 
                                                 
Furthermore,  the  amendments  take  account  of  the  Joint  Opinion  on  the  functioning  and 
governance  of  their  management  structures  of  the  three  Community  Bodies  with  tripartite 
composition  of  Boards,  submitted  to  the  Commission  in  January  2003.  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  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 of the three Community Bodies 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  (government,  employee,  employer)  has  proven  to  be  an  important  factor  to 
increase efficiency. Therefore, they propose to formalise the already existing function of co-
ordinator. 

Although  the  functioning  of  the  network,  as  established  in  Article  4,  was  questioned  in 
general  and  an  amendment  to  the  Regulation  was  requested  by  some  stakeholders,  the 
Commission believes that Article 4 (6), which provides for the possibility of a periodical re-
examination of the main component elements of the network, sufficiently covers this aspect 
and that there is no need to amend the Regulation. 

Finally,  the  proposal  is  in  line  with  the  role  attributed  to  the  Agency  within  the  new 
Community Strategy on Health and Safety.  

The changes proposed will have no impact on the overall budget of the Agency, though they 
may  require  a  review  of  the  allocation  of  financial  and  human  resources  between  different 
activities,  with  a  greater  emphasis,  for  example,  on  data  analysis  activities  and  on  co-
operation  with  the  Member  States  and  the  Community  Institutions,  in  line  with  the  new 
Community  Strategy.  This  coincides  entirely  with  the  findings  and  recommendations  of  the 
external evaluators and the stakeholders consulted. 

4. 

SUBSIDIARITY AND PROPORTIONALITY 

The objective of the Agency is to support the Community and the Member States when they 
take measures or formulate courses of action within their respective spheres of competence. 
The role of the Agency is to collect and disseminate data and to present its findings in a way 
which  is  most  helpful  to  the  EU  Institutions  and  to  the  Member  States  in  achieving  their 
objectives. It is independent in providing its advice, but it is not designed to act in the place of 
the  responsible  actors  in  the  area  of  health  and  safety.  By  acting  at  European  level,  it  is 
designed to provide information and analysis which enable an assessment of the effectiveness 
of policies within and  between Member States and thus to add value in terms of the design 
and targeting of policies. 

14 

 
 
  
 
In  this  way,  the  Agency  conforms  to  the  principles  of  subsidiarity  and  proportionality.  The 
proposals for modification to the Regulation reinforce these elements by highlighting the need 
to  work  closely  with  the  Member  States  and  the  Commission  and  to  take  account  of  the 
priorities fixed at EU level in the definition of the Agency's work programmes. 

5. 

LEGAL BASIS 

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

6. 

EXPLANATION OF THE AMENDMENTS PROPOSED 

The following commentary presents those Articles which the Commission proposes to amend. 
In addition, the recitals have been modified where necessary in accordance with the changes 
proposed. 

Article 2 

Since  the  adoption  of  the  Commission  Communication  on  a  new  Community  Strategy  on 
health and safety at work, the current Community framework in the area of health and safety 
at  work,  is  a  Community  strategy  (where  all  stakeholders  are  actively  involved)  and  not  a 
Commission  action  programme.  The  Community  Strategy  attributes  a  particular  role  to  the 
Agency for the implementation of its objectives and considers the Agency as a driving force 
in  matters  concerning  awareness-building  and  risk  anticipation.  This  is  reflected  in  the 
findings  of  the  external  evaluators,  the  opinion  of  the  Advisory  Committee  on  Safety  and 
Health at Work and the Commission Communication accompanying this proposal. The article 
is  therefore  amended  in  order  to  highlight  the  role  of  the  Agency  in  support  of  Community 
policies in the area of health and safety, with an explicit reference to Community strategies 
added. 

Article 3 

The amendment proposed aims to better specify the role of the Agency and is the result of the 
findings  of  the  external  evaluators,  the  opinion  of  the  Advisory  Committee  on  Safety  and 
Health at Work; and the Commission Communication accompanying this proposal and takes 
account of the importance that the Community Strategy attributes to the Agency.  

Article 3 (1) (a) and (b) 

It is proposed to extend the tasks of the Agency to the analysis of the technical, scientific and 
economic  information,  in  addition  to  the  collection  and  dissemination  of  such  information. 
The analysis of the data is not explicitly indicated in the existing Regulation, although it was 
the intention of the legislator, as it is included in Recital n° 6 of the Regulation.  

In  addition,  analysis  of  risks  and  in  particular  of  new  or  emerging  ones  is  amongst  the 
objectives of the Community Strategy and the Agency should contribute to this objective. The 
analytical  contribution  of  the  Agency  would  reinforce  significantly  the  added-value  at 
European  level  of  the  Agency's  work.  Therefore,  this  amendment  intends  to  clarify  the 
situation and responds to a strong request of all parties consulted. 

15 

 
 
  
 
Article 3 (1) (h) 

Following  the  new  Community  Strategy,  SMEs  and  very  small  businesses  should  be  the 
subject  of  specific  measures  in  terms  of  information,  awareness  and  risk  prevention 
programmes. The Commission, taking into account the Agency's experience in this field20 and 
the  increased  need  for  support  of  SMEs  in  the  acceding  and  candidate  countries,  considers 
that  the  Agency's  tasks  should  include  this  kind  of  measure.  Therefore,  the  amendment 
proposed  allows  the  Agency  to  identify  good  practices  and  support  preventive  actions,  in 
particular for SMEs. 

Article 3 (1) (i) 

This amendment is in line with the one on Article 2 and clarifies the role of the Agency in the 
support to the implementation of Community policy in the area of health and safety at work.  

Article 3 (1) (j) 

One  of  the  key  issues  emphasised  by  all  parties  consulted  was  the  need  for  the  Agency  to 
provide  information  to  the  final  users  (Member  States'  specialised  services,  employers'  and 
employees' organisations and in particular companies) which is user friendly, exploitable and 
comprehensible in their language and not only in one language, mainly English. The Agency 
is  invited,  with  this  new  provision,  to  implement  this,  notably  by  working  closely  with  the 
Member States through the network of national focal points provided for under Article 4. In 
fact,  it  would  not  be  possible  for  the  Agency  to  provide  the  information  in  the  current  11 
languages, and from May 2004 onwards in 21 languages, without the support of the Member 
States.  The  Agency  and  its  network  should  build  upon  existing  and  successful  co-operation 
with a number of Member States. 

Article 3 (2) 

The proposed amendment includes an explicit reference to the need for the Agency to ensure 
appropriate co-operation with other agencies, especially with the European Foundation for the 
Improvement  of  Living  and  Working  Conditions.  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.  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  European  Parliament  and  the 
European  Economic  and  Social  Committee  comments  on  this  issue,  considers  that  it  is 
important  to  have  an  explicit  reference  on  this  co-operation  in  the  Regulation  and  proposes 
the same reference in the proposal amending the Regulation of the European Foundation for 
the Improvement of Living and Working Conditions.  

20 

The Agency developed preparatory measures to support the SMEs on the basis of a specific request and 
budgetary support of the EP during the last three years (2001-2003). 

16 

 
 
  
 
                                                 
Article 4 (2), second subparagraph 

This amendment responds to the need to ensure the involvement of the social partners in the 
functioning of the established network with and within the Member States. It is proposed that 
the  national  focal  points  designated  by  the  Member  States  to  co-ordinate  and  transmit  the 
information  to  the  Agency  take  into  account  the  point  of  view  of  the  social  partners  at 
national level, according to national legislation or practices. 

Article 7A – (new) 

The  new  Article,  in  specifying  the  governing  and  management  structures  of  the  Agency, 
formally recognizes the Bureau. 

Article 8 

The amendments to this Article, relevant to the Board's composition and functioning, are the 
result  of  the  findings  of  the  external  evaluator,  the  opinion  of  the  Advisory  Committee  for 
Safety  and  Health  at  Work  and  the  Joint  Opinion  submitted  to  the  Commission  by  the 
management  or  administrative  Boards  of  the  European  Agency  for  Safety  and  Health  at 
Work, the European Foundation for the Improvement of Living and Working Conditions and 
the  European  Centre  for  the  Development  of  Vocational  Training,  as  reflected  in  the 
Commission's Communication accompanying this proposal. 

Article 8 (1) 

There  is  no  modification  to  the  content  of  this  paragraph  relating  to  the  composition  of  the 
Board, but the proposed formulation is such that the Regulation will not need to be modified 
with every subsequent enlargement of the Union. 

Article 8 (2), second subparagraph 

The existing Regulation provides that the members of the Board representing the employers' 
and  employees'  organisations  are  to  be  appointed  from  the  members  and  alternate  members 
representing the respective organisations in the Advisory Committee on Safety and Health at 
Work, on a proposal from those members. Although the Regulation does not provide the same 
as  regards  the  government  representatives,  in  practice,  they  were  also  members  and/or 
alternate  members  of  the  same  Committee.  The  amendment  introduced  intends  to  formalise 
this practice. 

Article 8 (2), fourth and fifth subparagraphs (new) 

The  fourth  subparagraph  aims  on  the  one  hand  to  raise  the  awareness  of  Member  States  as 
well as employers' and employees' organisations, on the need for the members of the Board to 
reflect  fairly  the  various  economic  sectors  concerned  and  on  the  other  hand,  introduces  a 
gender dimension in the composition of the Board. These amendments are in line with those 
provided  for  in  the  Council  Decision  for  the  designation  of  the  members  of  the  Advisory 
Committee on Safety and Health at Work21. 

21 

See Article 3 of Council Decision 2003/C 218/01 of 22 July 2003. 

17 

 
 
  
 
                                                 
The fifth subparagraph ensures that the list of the members of the Board will be accessible to 
the public and, in line with the Union's transparency policy for the citizens, requires it to be 
published in the Official Journal of the EU. 

Article 8 (4) 

This amendment intends to clarify the fact that one of the three vice-chairmen represents the 
Commission,  as  has  always  been  the  case  in  practice  in  all  three  tripartite  agencies.  As  the 
Commission  is  not  explicitly  mentioned  in  the  current  formulation,  the  impression  is  given 
that the three vice-chairmen represent the three groups. This amendment also intends to avoid 
confusion  as  to  the  number  of  Commission  members  in  the  Bureau  (see  Article  8  new 
paragraph 8).  

Additionally,  it  introduces  the  possibility  for  the  renewal  of  the  annual  mandate  of  the 
chairman and the vice-chairmen of the Board, in order to ensure continuity, as the number of 
meetings per year is proposed to be reduced in principle to one per year. 

A new subparagraph is introduced in paragraph 4. 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.  

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. 

Article 8 (5) 

The amendment proposed in this paragraph reduces the number of Board meetings from two 
to  one  per  year,  given  that  it  should  concentrate  on  strategic  issues  only,  formalises  the 
existence  and  reinforces  the  role  of  the  Bureau  as  described  in  new  paragraphs  9  and  10  of 
this  Article,  and  quantifies  the  impact  of  the  enlargement  on  the  functioning  of  the  Board 
(from 48 to 78 members).  

Besides,  as  regards  the  possibility  for  additional  meetings,  it  is  proposed  to  reduce  the 
necessary  quorum  for  requesting  these  meetings  to  one-third  of  the  members,  for  more 
flexibility and in line with the rule for the two other Community Bodies. 

18 

 
 
  
 
Article 8 (6) 

Two changes are proposed here.  

The first suggests that decisions be  taken  by  an absolute majority of members of the Board 
and  not  by  a  majority  of  two  thirds  of  the  votes,  in  order  to  facilitate  the  decision-making 
process and in line with the other two Community Bodies. The second amendment proposes 
to  give  all  Board  members 
(government',  employers',  employees',  Commission 
representatives) one vote each, while currently the government representatives have two votes 
each.  This  amendment  will  align  the  Agency  with  the  two  other  Community  Bodies.  The 
Commission proposes this change, in line with the guidelines for the development of future 
Community Bodies22 and in particular the need for representation of the relevant stakeholders 
in the Boards of these bodies and in line with the principle agreed by the Heads of State and 
Government  for  more  active  involvement  of  the  social  partners  in  the  development  of  the 
Social Policy Agenda.23  

Article 8, new paragraphs 8, 9, 10 and 11 

The existing Regulation does not make any reference to the Bureau and it currently functions 
on  the  basis  of  the  Rules  of  Procedures  of  the  Board,  which  define  its  responsibilities,  its 
composition and operational rules24.  

In paragraph 8, it is proposed to formalise the role of the Bureau, as the Board will delegate to 
it  more  responsibilities  to  be  carried  out  throughout  the  year.  The  Commission  does  not 
consider  it  necessary  to  increase  the  number  of  Bureau  members,  as  requested  in  the  Joint 
Opinion.  The  number  of  8  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  members  are 
taken  into  account  in  a  co-ordinated  way,  while  not  exceeding  a  number  that  would  have  a 
negative impact on the efficiency of the proceedings. If necessary, the Board could increase 
the annual number of meetings of the Bureau (currently four, including the two preparatory of 
the  two  Board  meetings).  The  current  system  has  proven  its  efficiency,  given  also  that  the 
members of the Board are also members of the Advisory Committee on Safety and Health at 
Work. 

Paragraph 9 clarifies the kind of responsibilities that the Board may delegate to the Bureau, 
by clearly excluding those referred to in the Regulation as tasks of the Board (mainly linked 
to  the  approval  of  the  annual  and  rolling  programme,  of  the  budget  and  of  the  Agency 
financial rules). These responsibilities should not overlap with the tasks of the Director. 

Paragraph 10 specifies 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. 

22 
23 
24 

COM(2002)718 final. 
COM(2000) 379, 28.6.2000. 
Rules of Procedure, Articles 2 and 3. 

19 

 
 
  
 
                                                 
Paragraph  11  formalises  the  current  system  of  decision-making  in  the  Bureau  and  proposes 
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 orientations of the Board. 

Article 9, new subparagraph 

Former  paragraph  (7)  of  Article  8,  entitling  the  Chairman  and  Director  of  the  European 
Foundation for the Improvement of Living and Working Conditions to attend the meetings of 
the Governing Boards as observers, is moved to Article 9 "Observers" for legal consistency 
reasons. 

Article 10 (1), first subparagraph 

Two changes are envisaged. 

The  first  amendment  proposed  formalises  the approval  by  the  Board  not  only  of  the  annual 
but also of the four year rolling programme of the Agency. 

The second concerns the Commission consultation procedure on the draft annual programme: 
the  term  "Commission"  is  replaced  by  "Commission  services"  which  better  reflects  the 
current procedure. 

The consultation of the Advisory Committee on Safety and Health at Work is maintained for 
legal consistency with Article 2 (2) g) of Council Decision of 22 July 2003 (2003/C 218/01). 

Article 11, paragraph 2 

The amendments are proposed to formalise the fact that the tasks of the Director in relation to 
the Board also include the Bureau, where appropriate. 

General: 

It  is  proposed  that  all  references  to  the  "Administrative  Board"  be  replaced  by  the  term 
"Governing Board", which more accurately reflects the strategic role of the Board. 

7. 

BUDGET CHARACTERISTICS 

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

20 

 
 
  
 
2004/0014(CNS) 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 2062/94 establishing a European Agency for Safety and 
Health at Work 

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  Commission25,  presented  after  consultation  of  the 
Advisory Committee for Safety and Health at Work,  

Having regard to the opinion of the European Parliament26, 

Having regard to the opinion of the European Economic and Social Committee27, 

Having regard to the opinion of the Committee of the Regions28, 

Whereas: 

(1) 

(2) 

Council Regulation (EC) No 2062/94 of 18 July 1994 establishing a European Agency 
for  Safety  and  Health  at  Work29  includes  provisions  concerning  the  aims,  tasks  and 
organisation  of  the  Agency  and  in  particular  of  its  Administrative  Board.  Those 
provisions  have  been  amended  following  the  accession  of  Austria,  Finland  and 
Sweden, when new members had to be added to the Administrative Board.  

Health  and  safety  at  work,  a  key  element  in  promoting  quality  in  employment, 
represents  one  of  the  European  Union's  most  important  social  policy  areas.  The 
Commission  Communication  on  Adapting  to  change  in  work  and  society:  a  new 
Community Strategy on Health and Safety at Work (2002-2006)30 of 11 March 2002 
highlights  the  important  role  to  be  played  by  the  European  Agency  for  Safety  and 
Health  at  Work,  hereinafter  “the  Agency”,  in  the  promotion,  awareness-raising  and 
anticipation activities needed to achieve the objectives set out therein. 

25 
26 
27 
28 
29 

30 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ  L  216,  20.8.1994,  p.  1.  Regulation  as  last  amended  by  Regulation  (EC)  No  1654/2003 
(OJ L 245, 29.9.2003, p. 38). 
COM(2002)118 final. 

21 

 
 
  
 
                                                 
(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

31 
32 
33 
34 
35 

The Council Resolution of 3 June 2002 on Commission Communication: Adapting to 
change in work and society: a new Community strategy on health and safety at work 
(2002-2006)31  requires  the  Agency  to  play  a  leading  role  in  collection  and 
dissemination of information on good practice, awareness raising and risk anticipation. 
The  Council  calls  on  the  Commission  to  promote co-operation  between  the Member 
States and the social partners at European level with a view to the future enlargement 
through  the  Agency  and  welcomes  the  Commission’s  intention  to  submit  a  proposal 
for improving the Agency's operation and tasks in the light of the external evaluation 
report and the Advisory Committee's opinion on that report. 

The  European  Parliament  Resolution  of  23  October  2002  on  the  Commission 
Communication: Adapting to change in work and society: a new Community strategy 
on health and safety at work (2002-2006)32 also supports the leading role given to the 
Agency as the key player in non-legislative health and safety activities at Community 
level  and  hopes  that  the  European  Foundation  for  the  Improvement  of  Living  and 
Working  Conditions  and  the  Agency  will  continue  to  improve  their  co-operation  in 
line with their respective roles in this policy area. 

The  European  Economic  and  Social  Committee  Opinion  of  17  June  2002  on  the 
Commission  Communication  on  a  new  Community  strategy  on  health  and  safety  at 
work (2002-2006)  33 highlights the role of the Agency for the evaluation of risks and 
the  need  for  regular  contacts  of  the  Agency  with  the  European  Foundation  for  the 
Improvement of Living and Working Conditions to avoid duplications and to stimulate 
a joint reflection. 

The  Commission  Communication  on  the  Evaluation  of  the  Agency34,  prepared  in 
accordance with Article 23 of Regulation (EC) No 2062/94 and based on an external 
evaluation  carried  out  in  2001,  as  well  as  on  the contributions of the Administrative 
Board  and  of  the  Commission  Advisory  Committee  for  Safety,  and  Health  at  Work, 
underlines  the  need  to  amend  Regulation  (EC)  No  2062/94,  in  order  to  maintain  the 
efficiency and effectiveness of the Agency and its management structures. 

The European Parliament has called upon the Commission to review the composition 
and working methods of agencies' boards and to put forward appropriate proposals35. 

A  Joint  Opinion  concerning  the  future  governance  and  functioning  of  the  Boards  of 
the Agency, the European Centre for the Development of Vocational Training and the 
European  Foundation  for  the  Improvement  of  Living  and  Working  Conditions  has 
been submitted to the Commission by their respective management or administrative 
Boards. 

The tripartite governance of the Agency, the European Centre for the Development of 
Vocational Training and the European Foundation for the Improvement of Living and 
Working Conditions by representatives of governments, employers' organisations and 
employees' organisations is fundamental to the success of those bodies. 

OJ C161, 5.7.2002, p. 1. 
EP Resolution adopted on 23 October 2002, A5-0310/2002 final. 
ESC Opinion, SOC/102, 17.7.2002. 
COM(2004)50 final. 
EP A5-0079/2003§28. 

22 

 
 
  
 
                                                 
(10)  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. 

(11)  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.  In  line 
with  the  guidelines  for  the  development  of  future  Community  Bodies36  and  in 
particular  the  need  for  representation  of  the  relevant  stakeholders  in  the  boards  of 
these  bodies  and  in  line  with  the  principle  agreed  by  the  Heads  of  State  and 
Government for more active involvement of the social partners in the development of 
the  Social  Policy  Agenda,  all  Board  members  (Government'  employers',  employees', 
Commission representatives) should have uniformly one vote each. 

(12)  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. 

(13) 

It  is  necessary  to  anticipate  the  practical  consequences  for  the  Agency  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. 

(14)  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  Agency  and 
efficiency  in its  decision-making. The composition of the Bureau should continue to 
reflect the tripartite structure of the Board. 

(15)  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. 

(16)  Regulation (EC) No 2062/94 should therefore be amended accordingly. 

(17)  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 (EC) No 2062/94 is amended as follows: 

(1) Article 2 is replaced by the following: 

36 

COM(2002)718 final. 

23 

 
 
  
 
                                                 
" Article 2 

Objective 

In  order  to  encourage  improvements,  especially  in  the  working  environment,  as  regards  the 
protection  of  the  safety  and  health  of  workers  as  provided  for  in  the  Treaty  and  successive 
Community strategies and action programmes concerning health and safety at the workplace, 
the  aim  of  the  Agency  shall  be  to  provide  the  Community  bodies,  the  Member  States  and 
those involved in the field with the technical, scientific and economic information of use in 
the field of safety and health at work." 

(2) 

Article 3 is amended as follows: 

(a)  Paragraph 1 is amended as follows: 

(i) 

Points (a) and (b) are replaced by the following: 

"(a)  collect, analyse and disseminate technical, scientific and economic 
information  in  the  Member  States  in  order  to  pass  it  on  to  the 
Community  bodies,  Member  States  and  interested  parties;  this 
collection  shall  take  place  to  identify  existing  national  priorities 
and  programmes  and  provide  the  necessary  input  to  the  priorities 
and programmes of the Community; 

"(b)  collect and  analyse  technical, scientific and economic information 
on  research  into  safety  and  health  at  work  and  on  other  research 
activities which involve aspects connected with safety and health at 
work  and  disseminate  the  results  of  the  research  and  research 
activities;"  

(ii)  Points (h) and (i) are replaced by the following: 

"(h)  provide technical, scientific and economic information on methods 
and  tools  for  implementing  preventive  activities,  identify  good 
practices  and  promote  preventive  actions,  paying  particular 
attention  to  the  specific  problems  of  small  and  medium-sized 
enterprises; 

(i) 

contribute to the development of Community strategies and action 
programmes relating to the protection of safety and health at work, 
without prejudice to the Commission's sphere of competence;" ; 

(iii)  The following point (j) is added: 

"(j)  The  Agency  shall  ensure  that  the  information  disseminated  is 
comprehensible  to  the  final  users  and  shall  work  closely  with  the 
national  focal  points  referred  to  in  Article  4  (1)  to  achieve  this 
objective."  

24 

 
 
  
 
(b)  Paragraph 2 is replaced by the following: 

"2. The Agency shall work as closely as possible with the existing institutions, 
foundations, specialist bodies and programmes at Community level in order to 
avoid  any  duplication.  In  particular,  the  Agency  shall  ensure  appropriate  co-
operation  with  the  European  Foundation  for  the  Improvement  of  Living  and 
Working Conditions, without prejudice to its own aims." 

(3) 

In Article 4 (2), the second subparagraph is replaced by the following:  

"The  competent  national  authorities  or  an  institution  designated  by  them  shall  co-
ordinate  and  or/transmit  the  information  to  be  supplied  at  national  level  to  the 
Agency. The national authorities shall take into account the point of view of social 
partners at national level, according to national legislation and/or practices." 

(4) 

The following Article 7 A (new) is added: 

"Article 7 A (new)" 

Governing and management structures 

The Agency shall comprise: 

(a) 

a Governing Board; 

(b) 

a Bureau; 

(c) 

a Director." 

(5) 

Article 8 is replaced by the following: 

"Article 8 

Governing Board 

1. 

The Governing Board shall consist of : 

(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  points  (a),  (b)  and  (c)  of  paragraph  1  shall  be 
appointed  by  the  Council  from  the  members  and  alternate  members  of  the 
Advisory  Committee  on  Safety  and  Health  at  Work,  on  a  proposal  from  the 
interest  groups  representing  the  governments  of  the  Member  States,  the 
employers and the employees' organisations on the Committee.  

25 

 
 
  
 
The Council shall at the same time appoint under the same conditions as for the 
member an alternate member to attend meetings of the Governing Board only 
in the absence of the member. 

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

When  submitting  the  lists  of  candidates,  the  Member  States,  employers' 
organisations and employees' organisations, shall endeavour to ensure that the 
composition  of  the  Governing  Board  fairly  reflects  the  various  economic 
sectors concerned and to ensure a balanced representation of men and women. 

The  list  of  the  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  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.  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. 

The  Governing  Board  shall  elect  its  chairman  and  three  vice-chairmen,  from 
among the three groups referred to above 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. All members shall have one vote each. 

7. 

8. 

The Governing Board shall adopt its rules of procedure, which shall enter into 
force after being approved by the Council, following an opinion given by the 
Commission. 

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 the first subparagraph of paragraph 4 and one 
more representative of the Commission. 

9.  Without  prejudice  to  the  responsibilities  of  the  Director,  as  set  out  in  Article 
11, the Bureau shall, as delegated by the Governing Board, take all necessary 
measures  for  the  proper  governing  of  the  Agency  between  the  Governing 
Board meetings, except those referred to in Articles 10, 13, 14 and 15. 

26 

 
 
  
 
10.  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. 

11.  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." 

(6) 

In Article 9, the following new subparagraph is added: 

"The chairman of the Governing Board and Director of the European Foundation for 
the  Improvement  of  Living  and  Working  Conditions  shall  have  the  option  of 
attending meetings of the Governing Board as observers." 

(7) 

In Article 10 (1), the first subparagraph is replaced by the following: 

"The  Governing  Board  shall  adopt  the  Agency's  annual  and  four-year  rolling  work 
programme on the basis of a draft drawn up by the Director referred to in Article 11, 
after consultation of the Commission services and the Advisory Committee on Safety 
and Health at Work"  

(8) 

In Article 11, paragraph 2 is replaced by the following:  

"2. The Director shall be the legal representative of the Agency.  

He shall be responsible for : 

(a) 

the  proper  preparation  and  implementation  of  the  decisions  and  programmes 
adopted by the Governing Board and the Bureau, 

(b) 

the management and the day-to-day administration of the Agency, 

(c) 

the preparation and publication of the report referred to in Article 10(2), 

(d) 

the performance of the tasks prescribed, 

(e) 

all staff matters, 

(f) 

the preparation of the Governing Board meetings and the Bureau meetings." 

(9) 

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

27 

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

Article 2 

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

Done at Brussels, 

For the Council 
The President 

28