Council Regulation (EC) No 2051/2004 of 25 October 2004 amending Regulation (EEC) No 337/75 establishing a European Centre for the Development of Vocational Training
Date: 2004-10-25
Institutions: Council of the European Union
Subjects: Cedefop, administration of the Institutions

1.12.2004

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Official Journal of the European Union

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 2051/2004

of 25 October 2004

amending Regulation (EEC) No 337/75 establishing a European Centre for the Development of
Vocational Training

THE COUNCIL OF THE EUROPEAN UNION,

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

establishing the European

Having regard to the proposal of the Commission,

Having regard to the opinion of the European Parliament (1),

Having regard to the opinion of the European Economic and
Social Committee (2),

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

Whereas:

(1)

(2)

(3)

Council Regulation (EEC) No 337/75 of 10 February
1975 establishing a European Centre for the Devel-
opment of Vocational Training (3)
includes provisions
concerning the organisation of
the Centre, and in
particular its Management Board. Those provisions have
been amended several times following each accession of
new Member States, when new members had to be
added to the Management Board.

An external evaluation of the European Centre for the
Development of Vocational Training (hereinafter
the
Centre) was carried out
in 2001. The Commission's
and the Action Plan established by the
response
Management Board on the basis of
response
underline the need to adapt the provisions of Regulation
(EEC) No 337/75 in order to maintain the efficiency and
effectiveness of
its management
the Centre and of
structures.

that

European

Parliament

The
the
Commission to review the composition and working
methods of agencies' boards and to put forward appro-
priate proposals.

called

upon

has

(1) Opinion of 31 March 2004 (not yet published In the Official

Journal).

(2) OJ C 112, 30.4.2004, p. 53.
(3) OJ L 39, 13.2.1975, p. 1. Regulation as last amended by Regulation

(EC) No 1655/2003 (OJ L 245, 29.9.2003, p. 41).

(4)

(5)

(6)

(7)

(8)

(9)

A Joint Opinion concerning the future governance and
functioning of the Boards of the European Agency for
Safety and Health at Work, of the Centre and of the
European Foundation for the Improvement of Living
and Working Conditions has been submitted to the
Commission by their respective management or admin-
istrative Boards.

The tripartite governance of the European Agency for
Safety and Health at Work,
and the
European Foundation for the Improvement of Living
and Working
of
governments, employers’ organisations and employees’
organisations,
those
bodies.

to the success of

is fundamental

representatives

the Centre

Conditions

by

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.

drawn from government,

The existence, within the tripartite Board, of the three
groups,
and
employees and the designation of a coordinator for the
groups of employers and employees have proved to be
essential.
be
formalised and also extended to the government group.

arrangement

employers

therefore

should

That

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
systems and approaches which characterise vocational
training issues.

It is necessary to anticipate the practical consequences for
the Centre 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
Management Board, needs to be strengthened in order to
ensure continuity in the functioning of the Centre and
efficiency in its decision making. The composition of the
Bureau should continue to reflect the tripartite structure
of the Board.

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

its activities.

It

(12)

Regulation (EEC) No 337/75 should,
amended accordingly.

therefore, be

(c) one member representing the employees’ organisations

from each Member State;

(d) three members representing the Commission.

The members referred to in points (a), (b) and (c) of the first
subparagraph shall be appointed by the Council on the basis
lists of candidates submitted by the Member States,
of
employers’ organisations and employees’ organisations.

(13)

The Treaty does not provide, for the adoption of this
Regulation, for powers other than those under Article
308,

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

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 337/75 is hereby amended as follows:

1.

in Article 3, paragraph 2 shall be replaced by the following:

‘2.
In carrying out its tasks, the Centre shall establish
appropriate contacts, particularly with specialised bodies,
whether public or private, national or international, with
institutions and with
public authorities and educational
workers' and employers’ organisations.
the
In particular,
Centre
cooperation with the
appropriate
European Training Foundation, without prejudice to its
own aims.’;

ensure

shall

2. Article 4 shall be replaced by the following:

‘Article 4

1.

The Centre shall comprise:

(a) a Governing Board;

(b) a Bureau;

(c) a Director.

2.

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;

The list of members of
published by the Council
European Union and on the Centre’s Internet site.

the Governing Board shall be
the

in the Official

Journal of

3.
The term of office of members 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.

The Governing Board shall elect its chairman and three
4.
vice-chairmen, from among the three groups referred to in
paragraph 5 and the Commission, to serve for a period of
two years renewable.

5. Within the Governing Board,
the representatives of
governments, employees’ organisations and employers’ orga-
nisations shall each form a group. Each group shall designate
a coordinator. The coordinators of the employees’ and the
employers’ groups shall be representatives of their respective
organisations at European level and attend the Board
meetings without the right to vote.

6.
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.

Decisions by the Governing Board shall be taken by an

7.
absolute majority of its members.

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 coordinator per
group referred to in paragraph 5 and one more represen-
tative of the Commission services.

the Council,

The Member States, the organisations referred to in
9.
the Commission and the
paragraph 2,
Governing Board shall endeavour, each according to their
powers, to ensure a balanced representation of men and
women in the candidacies and appointments referred to in
paragraph 2, in the elections referred to in paragraph 4 and
in the appointments referred to in paragraph 8.

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the
10. Without prejudice to the responsibilities of
Director, as set out in Article 7 and 8, the Bureau shall, as
delegated by the Governing Board, monitor the implemen-
tation of the decisions of the Board and take all necessary
measures for the management of the Centre between the
Governing Board meetings, except
those referred to in
Article 6(1), Article 8(1) and Article11(1).

11.
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.

Decisions by the Bureau shall be taken by consensus.
12.
If no consensus can be reached, the Bureau shall refer the
matter to the Governing Board for decision.’;

3.

in Article 7, paragraphs 1 and 2 shall be replaced by the
following:

the Centre and shall

‘1.
The Director shall be responsible for the management
of
the
implement
Governing Board and the Bureau. He shall be the legal repre-
sentative of the Centre.

the decisions of

the
He shall prepare and organise the work of
2.
Governing Board and the Bureau and provide the secretariat
for their meetings.’;

4.

in Article 8, paragraph 1 shall be replaced by the following:

annual work programme

‘1.
On the basis of a draft submitted by the director, the
Governing Board shall adopt the medium term priorities and
in agreement with the
the
Commission services. The programme
into
account the priority needs indicated by the Community insti-
tutions.’;

shall

take

5. each time the term ‘Management Board’ appears in the
articles, it shall be replaced by the term ‘Governing Board’.

Article 2

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

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

Done at Luxembourg, 25 October 2004.

For the Council
The President

R. VERDONK