2005/380/EC: Commission Decision of 28 April 2005 establishing a group of non-governmental experts on corporate governance and company law
Date: 2005-04-28
Institutions: European Commission
Subjects: advisory committee (EU), appointment of staff, company law, corporate governance

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II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 28 April 2005

establishing a group of non-governmental experts on corporate governance and company law

(2005/380/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS DECIDED AS FOLLOWS:

Having regard to the Treaty
Community,

establishing the European

Article 1

Whereas:

A group of non-governmental experts on corporate governance
and company law in the Community (hereinafter referred to as
‘the Group’) is established.

(1)

(2)

(3)

The Commission Action Plan on Modernising Company
Law and Enhancing Corporate Governance
in the
European Union (1) adopted in May 2003 identified a
to
series of
are
modernise,
regulatory
framework for company law and corporate governance.

required in order
the

complete

simplify

actions

that

and

That Action Plan recognises the importance of expert and
public consultation as an integral part of
the devel-
opment of company law and corporate governance at
Community level.

The group of non-governmental experts on corporate
governance and company law should therefore be estab-
lished to serve as a body for reflection, debate and advice
to the Commission in the field of corporate governance
and company law, in particular in connection with the
is therefore
measures foreseen in the Action Plan;
appropriate to provide for the presence in this group
of particularly well-qualified persons,
in the
business and the academic communities or the civil
society, capable of bringing their specific knowledge of
corporate governance and company law at Community
level.

active

it

(4)

The group of non-governmental experts on corporate
governance and company law should draw up its own
Rules of Procedure and fully respect the role and the
prerogatives of the institutions,

(1) COM(2003) 284 final.

Article 2

The role of the Group shall be to provide technical advice to the
Commission on the Commission’s initiatives in the field of
corporate governance and company law at the Commission’s
the
request. The chairman of
Commission consults the Group on any related matter.

the Group may suggest

that

Article 3

and

experience

The Group shall comprise a maximum of 20 members, from
the business and the academic communities or the civil society,
whose
corporate
governance and company law issues are widely recognised at
Community level. The members of
the Group shall be
appointed by the Commission. Appointment shall be in a
personal capacity. Members of the Group shall provide advice
to the Commission independently of any outside instruction.

competence

regarding

The list of members is reproduced in the Annex.

Article 4

The term of office of members of the Group shall be three
years. It shall be renewable. After the expiry of the three-year
period, members of the Group shall remain in office until they
are replaced or their appointments are renewed. In the event of
resignation or death of a member of the Group during the
period of appointment the Commission shall appoint a new
member of the Group in accordance with Article 3.

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Article 5

The list of members shall be published by the Commission in
the Official Journal of the European Union.

the Group shall be provided by the
The Secretariat of
Commission.
Interested staff members from the Commission
may be present at meetings of the Group and of the working
groups and may take part in the debates.

Article 6

The Group shall be chaired by a representative of
Commission.

the

The Commission may publish on the Internet, in the original
language of the document concerned, any conclusion, summary,
part conclusion or working paper relating to the Group or its
working groups.

The Group,
in agreement with the Commission, may set up
working groups to study specific subjects on the basis of a
mandate. The working groups will be dissolved as soon as
their mandates are fulfilled.

The Commission may invite experts and observers with specific
knowledge to participate in the work of the Group and/or of
the working groups.

Article 8

Travel and subsistence expenses incurred by members, observers
and experts, in connection with the activities of the Group, shall
be reimbursed by the Commission in accordance with the
provisions in force within the Commission. Their functions
shall not be remunerated.

Article 9

Article 7

This Decision shall apply until 27 April 2008.

The Group and the working groups shall normally meet at the
Commission premises,
in the form and according to the
timetable determined by the Commission.

Done at Brussels, 28 April 2005.

The Group shall adopt its Rules of Procedure on the basis of a
draft presented by the Commission.

For the Commission

Charlie McCREEVY
Member of the Commission

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ANNEX

LIST OF MEMBERS

Gintautas BARTKUS

Theodor BAUMS

Francesco CHIAPPETTA

Thomas COURTNEY

Jean-Pierre HELLEBUYCK

Erich KANDLER

Mrs Vanessa KNAPP

Vratislav KULHÁNEK

Jukka MÄHÖNEN

Stilpon NESTOR

Jesper Bo NIELSEN

Jósef OKOLSKI

Leonardo PEKLAR

Colin PERRY

Enrique PIÑEL LÓPEZ

Geert RAAIJMAKERS

Mrs Joëlle SIMON

Mario STELLA-RICHTER

Mrs Daniela WEBER-REY

Patrick ZURSTRASSEN