European Parliament legislative resolution on the 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 (COM(2004)0057 - C6-0040/2004 - 2004/0026(CNS))
Date: 2005-04-28
Institutions: European Parliament
Subjects: Eurofound, governance, operation of the Institutions, rules of procedure

23.2.2006

EN

Official Journal of the European Union

C 45 E/87

Thursday 28 April 2005

P6_TA(2005)0146

European Foundation for the Improvement of Living and Working Conditions *

European Parliament legislative resolution on the proposal for a Council regulation amending Regu-
lation (EEC) No 1365/75 on the creation of a European Foundation for the Improvement of Living
and Working Conditions (COM(2004)0057 — C6-0040/2004 — 2004/0026(CNS))

(Consultation procedure)

The European Parliament,

— having regard to the Commission proposal to the Council (COM(2004)0057) (1),

— having regard to Article 308 of the EC Treaty, pursuant to which the Council consulted Parliament

(C6-0040/2004),

— having regard to Rule 51 of its Rules of Procedure,

— having regard to the report of the Committee on Employment and Social Affairs (A6-0091/2005),

Approves the Commission proposal as amended;

Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

Asks the Council to consult Parliament again if it intends to amend the Commission proposal substan-

1.

2.

3.

4.
tially;

5.

Instructs its President to forward its position to the Council and Commission.

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 1
RECITAL 8A (new)

(8a)
It is necessary to ensure the structured engagement of
the Foundation with civil society, and in particular with non-
governmental organisations active in the social field.

Amendment 2
RECITAL 11

(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.

(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 governing and
management structures of the Foundation.

(1) Not yet published in OJ.

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Official Journal of the European Union

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TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 3

RECITAL 13

(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 incohe-
rence 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 Liv-
ing and Working Conditions (1) should continue to apply to
staff members of the Foundation who were recruited under
the rules of that Regulation.

(13)
It is appropriate to treat the staff of the Foundation,
which is the only Community Agency with its own Staff Regu-
lations, in the same manner as other officials and other ser-
vants engaged under contract by the Communities and to
entitle them to the same benefits as those enjoyed under the
new Staff Regulations of the European Communities, while at
the same time respecting acquired rights, especially with
respect to careers and pension rights. Ensuring the inclusion
of both current and future staff within the scope of the EC
Staff Regulations will bring the benefits of harmonisation
and efficiency and should be effected in a cost neutral manner.

(1) OJ L 214. 6.8.1976, p. 24.

Amendment 4

ARTICLE 1, POINT 1A (new)
Article 3, paragraph 2a (new) (Regulation (EEC) No 1365/75)

(1a)

In Article 3, the following paragraph 2a is added:

In fulfilling its mandate,

the Foundation shall
2a.
foster appropriate contacts with social non-governmental
organisations in order to ensure their structured engage-
ment with the work of the Foundation.

Amendment 5

ARTICLE 1, POINT 2
Article 5, introductory phrase (Regulation (EEC) No 1365/75)

The Foundation shall comprise:

The governing and management structure of the Foundation
shall comprise:

Amendment 6

ARTICLE 1, POINT 3
Article 6, paragraph 2 (Regulation (EEC) No 1365/75)

The members referred to in paragraph 1(a),

2.
(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 members referred to in paragraph 1(a),

2.
(b) and (c)
shall be appointed by the Council on the basis of a list of can-
didates submitted, respectively, by the Member States, and the
employers' and employees' organisations of each Member
State. 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.

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

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Official Journal of the European Union

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TEXT PROPOSED
BY THE COMMISSION

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.

Thursday 28 April 2005

AMENDMENTS
BY PARLIAMENT

When submitting the lists of candidates, the Member States, the
Commission, employers' organisations and employees' organi-
sations shall endeavour to ensure a balanced representation of
men and women in the composition of the Governing Board.
More generally, a balanced representation of men and women
shall be ensured in the bodies referred to in Article 5.

Any group making more than one nomination shall ensure
gender balance in their nominations.

The list of members of the Governing Board and the Bureau
shall be published by the Council in the Official Journal of the
European Union and by the Foundation on its Internet site.

Amendment 7

ARTICLE 1, POINT 3
Article 6, paragraph 4 (Regulation (EEC) No 1365/75)

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

4.
The Governing Board shall elect its chair and three vice-
chairs — one from each of the three groups referred to in para-
graph 7 and one from among the Commission representatives -
to serve for a period of one year, which may be renewed.

Amendment 8

ARTICLE 1, POINT 3
Article 6, paragraph 6 (Regulation (EEC) No 1365/75)

Decisions by the Governing Board shall be taken by an

6.
absolute majority of its members.

Decisions by the Governing Board shall be taken by an
its members. Members shall have one

6.
absolute majority of
vote each.

Amendment 9

ARTICLE 1, POINT 3
Article 6, paragraph 8 (Regulation (EEC) No 1365/75)

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.

8.
The Governing Board shall establish a Bureau of 11 mem-
bers. The Bureau shall be made up of the chair and the three
vice-chairs of the Governing Board, one co-ordinator per group
as referred to in paragraph 7 and one more representative of
each group and of the Commission. Each group may designate
up to three alternates to attend the meetings of the Bureau, in
the absence of the full members.

Amendment 10

ARTICLE 1, POINT 3
Article 6, paragraph 9 (Regulation (EEC) No 1365/75)

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

the Bureau at

the request of

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

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Official Journal of the European Union

EN

23.2.2006

Thursday 28 April 2005

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 11
ARTICLE 1, POINT 3
Article 6, paragraph 10a (new) (Regulation (EEC) No 1365/75)

The Governing Board shall be fully and timely

10a.
informed of the activities and decisions of the Bureau.

Amendment 12
ARTICLE 1, POINT 4, POINT (A)
Article 7, paragraph 1 (Regulation (EEC) No 1365/75)

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.

1.
The Governing Board shall determine the strategic aims
of the Foundation. The Governing Board shall in particular
adopt the budget, the four-year rolling programme and the
annual programme on the basis of a draft drawn up by the
Director referred to in Article 5.

Amendment 13
ARTICLE 1, POINT 4, POINT (AA) (new)
Article 7, paragraph 2 (Regulation (EEC) No 1365/75)

(aa) Paragraph 2 is replaced by the following:

2.
The Governing Board, having received an opinion
from the Commission, shall adopt its rules of procedure
which shall lay down the practical arrangements for its
activities. The rules of procedure shall be transmitted for
information purposes to the European Parliament and the
Council. Within a period of three months of the rules of
procedure being transmitted to it and acting by a simple
majority, the Council may modify those rules.

Amendment 14
ARTICLE 1, POINT 4, POINT (B)
Article 7, paragraph 4 (Regulation (EEC) No 1365/75)

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 measures for the man-
agement of the Foundation between the Governing Board meet-
ings except those referred to in Articles 12 and 15.

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, monitor the implementation of the deci-
sions of the Governing Board and take all necessary measures
for the proper management of
the Foundation between the
Governing Board meetings. The Governing Board may not
delegate to the Bureau the powers referred to in Articles 12
and 15.

Amendment 15
ARTICLE 1, POINT 5
Article 9, paragraph 1 (Regulation (EEC) No 1365/75)

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

The Director shall be responsible for the management of
1.
the Foundation as well as for the implementation of the deci-
sions of, and the programmes adopted by, the Governing Board
and the Bureau. The Director shall be the legal representative of
the Foundation and decide on staff matters in accordance with
Article 17.

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Official Journal of the European Union

C 45 E/91

TEXT PROPOSED
BY THE COMMISSION

Thursday 28 April 2005

AMENDMENTS
BY PARLIAMENT

Amendment 16
ARTICLE 1, POINT 5
Article 10 (Regulation (EEC) No 1365/75)

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.

On the basis of the proposal of the Director, the Governing
Board shall have the possibility to select independent experts
and to seek their opinion on specific issues in relation to the
four-year rolling programme and the annual work programme.

Amendments 17 and 21
ARTICLE 1, POINT 7
Article 12, paragraph 1, subparagraph 2 (Regulation (EEC) No 1365/75)

(7)

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

(7)

In Article 12(1) the first and second subparagraphs are
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.

1.
The Director shall draw up an annual work pro-
gramme before 1 July each year on the basis of the guide-
lines referred to in Article 7. The annual work pro-
gramme shall be part of a four-year rolling programme.
The projects in the annual work programme shall be
accompanied by an estimate of the necessary expenditure.

When drawing up the programmes, the Director shall take
account of the opinions of the Community institutions,
the Committee of the Regions, and the European Econ-
omic and Social Committee.

Amendment 18
ARTICLE 1, POINT 7A (new)
Article 12, paragraph 2 (Regulation (EEC) No 1365/75)

(7a) Article 12(2) is replaced by the following:

The Director shall forward the programmes to the

2.
Governing Board for approval.

Amendment 19
ARTICLE 1, POINT 8
Article 17 (Regulation (EEC) No 1365/75)

1.
The staff of the Foundation recruited after [date of entry
into force of this Regulation] shall be subject to the Staff Regu-
lations 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.

1.
The staff of the Foundation recruited after [date of entry
into force of this Regulation] shall be subject to the Staff Regu-
lations 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 (CEOS). Section 2 of
Annex XIII of the Staff Regulations shall apply.

1a.
All staff of the Foundation recruited under Council
Regulation (ECSC, EEC, Euratom) No 1860/76 of 29 June
1976 laying down the Conditions of Employment of Staff of
the European Foundation for the Improvement of Living and
Working Conditions (*) before [date of entry into force of this
Regulation] shall be subject to the Staff Regulations appli-
cable to officials of the European Communities. The provi-
sions of Section 1, 3 and 4, with the exception of Article 22
paragraph 2, of Annex XIII of the Staff Regulations, shall be

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Official Journal of the European Union

EN

23.2.2006

Thursday 28 April 2005

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

applicable to them from that date. The staff members shall
have the right to terminate their current contract also on
that date without having to respect the notice period foreseen
in Article 45 of Regulation (ECSC, EEC, Euratom) No 1860/
76. For the purpose of the allowances upon termination of the
contract and for unemployment benefits, such termination of
the contract shall be deemed to be the result of an action of
the Foundation.

The Foundation shall exercise, in respect of the staff, the
1b.
powers conferred on the appointing authority or the authority
authorised to conclude contracts as the case may be.

The Governing Board shall, in agreement with the Com-

2.
mission, adopt the appropriate implementing rules.

The Governing Board shall, in agreement with the Com-

2.
mission, adopt the appropriate implementing rules.

(*) OJ L 214, 6.8.1976, p. 24. Regulation as last amended by Regu-
lation (ECSC, EEC, Euratom) No 680/87 (OJ L 72, 14.3.1987,
p. 15).

Article 2

Amendment 20
ARTICLE 2

Deleted

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.

P6_TA(2005)0147

European Agency for Safety and Health at Work *

European Parliament legislative resolution on the proposal for a Council regulation amending Regu-
lation (EC) No 2062/94 establishing a European Agency for Safety and Health at Work (COM(2004)
0050 — C6-0014/2004 — 2004/0014(CNS))

(Consultation procedure)

The European Parliament,

— having regard to the Commission proposal to the Council (COM(2004)0050) (1),

— having regard to Article 308 of the EC Treaty, pursuant to which the Council consulted Parliament

(C6-0014/2004),

— having regard to Rule 51 of its Rules of Procedure,

— having regard to the report of the Committee on Employment and Social Affairs and the opinion of the

Committee on the Environment, Public Health and Food Safety (A6-0092/2005),

1.

2.

Approves the Commission proposal as amended;

Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

(1) Not yet published in OJ.