European Parliament legislative resolution on the proposal for a Council regulation amending Regulation (EC) No 2062/94 establishing a European Agency for Safety and Health at Work (COM(2004)0050 - C6-0014/2004 - 2004/0014(CNS))
Date: 2005-04-28
Institutions: European Parliament
Subjects: European Agency for Safety and Health at Work, dissemination of information, governance, information network, management, operation of the Institutions, rules of procedure

C 45 E/92

Official Journal of the European Union

EN

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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.

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3.

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-

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 1

(1) Council Regulation (EC) No 2062/94 of 18 July 1994
establishing a European Agency for Safety and Health at Work
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.

(1) Council Regulation (EC) No 2062/94 of 18 July 1994
establishing a European Agency for Safety and Health at Work
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 recent
accessions, when new members had to be added to the Admin-
istrative Board.

Amendment 2
RECITAL 5A (new)

(5a)
In order to achieve the goals set out above, the Agency
needs not only to collect and disseminate information, but also
to analyse information, identify risks and good practices and
promote preventive action. In this respect it is important to
clarify that the Agency has the role of a ‘risk observatory’
and that it should analyse risks, in particular emerging ones,
and promote preventive action. Risks to workers'
family
members should be included in its remit. Particular attention
should also be paid to genotoxicity risks which may have con-
sequences for the offspring of an affected worker.

Amendment 3
RECITAL 6

(6) The Commission Communication on the Evaluation of the
Agency, 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 Adminis-
trative Board and of the Commission Advisory Committee for
Safety, and Health at Work, underlines the need to amend Regu-
lation (EC) No 2062/94, in order to maintain the efficiency and
effectiveness of the Agency and its management structures.

(6) The Commission Communication on the Evaluation of the
Agency, 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 Adminis-
trative Board and of the Commission Advisory Committee for
Safety, and Health at Work, underlines the need to amend Regu-
lation (EC) No 2062/94, in order to maintain and improve the
efficiency and effectiveness of the Agency and its management
structures.

Amendment 4
RECITAL 15

(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.

(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 governing and
management structures of the Agency.

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TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 5

ARTICLE 1, POINT 1
Article 2 (Regulation (EC) No 2062/94)

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 Com-
munity strategies and action programmes concerning health and
safety at the workplace, the aim of the Agency shall be to pro-
the Member States and those
vide the Community bodies,
involved in the field with the technical, scientific and economic
information of use in the field of safety and health at work.

In order to improve 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
the social partners and those
bodies,
involved in the field with the technical, scientific and economic
information and evaluations of use in the field of safety and
health at work.

the Member States,

Amendment 6

ARTICLE 1, POINT 2, POINT (A), POINT (I)
Article 3, paragraph 1, point (a) (Regulation (EC) No 2062/94)

(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;

(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
risks and good practices as well as existing national prior-
ities and programmes and provide the necessary input to
the priorities and programmes of the Community;

Amendment 7

ARTICLE 1, POINT 2, POINT (A), POINT (IA) (new)
Article 3, paragraph 1, point (c) (Regulation (EC) No 2062/94)

(ia) Point (c) is replaced by the following:

(c) promote and support cooperation and exchange of
information and experience, by way of the systematic
collection of data, with the support of Eurostat,
amongst the Member States in the field of safety
and health at work, including information on train-
ing programmes; to that end, the Agency shall pro-
mote harmonisation of statistics on work-related
accidents and illnesses in order to eliminate existing
disparities when evaluating and analysing them;

Amendment 8

ARTICLE 1, POINT 2, POINT (A), POINT (II)
Article 3, paragraph 1, point (h) (Regulation (EC) No 2062/94)

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

(h) provide technical, scientific and economic information on
methods and tools for implementing preventive activities,
identify risks and transferable good practices, analyse
related lessons and promote preventive action, paying par-
ticular attention to the specific problems of small and

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TEXT PROPOSED
BY THE COMMISSION

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AMENDMENTS
BY PARLIAMENT

medium-sized enterprises and promoting specfic solutions
for those enterprises. With regard to good practices, the
Agency should in particular focus on practices which con-
stitute practical tools for use in drawing up assessments
of the risks to safety and health at work and identifying
the measures to be taken to tackle them;

Amendment 9

ARTICLE 1, POINT 2, POINT (A), POINT (III)
Article 3, paragraph 1, point (j) (Regulation (EC) No 2062/94)

(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.

(j) The Agency shall ensure that the information disseminated
is relevant to the final users. To achieve this objective, the
Agency shall work closely with the national focal points
referred to in Article 4(1) in accordance with the provi-
sions of Article 4(2).

Amendment 10

ARTICLE 1, POINT 2, POINT (B)
Article 3, paragraph 2 (Regulation (EC) No 2062/94)

The Agency shall work as closely as possible with the
2.
existing institutions,
foundations, specialist bodies and pro-
grammes 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.

The Agency shall work as closely as possible with the
2.
existing institutions,
foundations, specialist bodies and pro-
grammes at Community level in order to avoid any duplication.
The Agency will also be able to benefit from the cooperation
the Commission already enjoys with the agencies of the United
Nations — the World Health Organization (WHO), the Inter-
national Labour Organization (ILO) — and with the Inter-
national Commission on Occupational Health (ICOH),
in
order to keep abreast of work being done by the international
organisations. In particular, the Agency shall enhance its co-
operation with the European Foundation for the Improvement
of Living and Working Conditions, without prejudice to its own
aims.

Amendment 11

ARTICLE 1, POINT (2A) (new)
Article 4, paragraph 1 (Regulation (EC) No 2062/94)

(2a)

In Article 4, paragraph 1 is replaced by the following:

1.

The Agency shall set up a network comprising:

— the main component

the national
information networks, including the national social
partners' organisations, as determined by national
legislation and/or practice,

elements of

— the national focal points,

— any future topic centres.

C 45 E/96

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TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 12
ARTICLE 1, POINT 3
Article 4, paragraph 2, subparagraph 2 (Regulation (EC) No 2062/94)

3.

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

3.

In Article 4(2), the first and second subparagraphs are
replaced by the following:

The competent national authorities or an institution desig-
nated 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.

The Member States shall

2.
regularly inform the
Agency of the main components of their national health
and safety at work information networks, including any
institution which in their judgement could contribute to
the work of the Agency, taking into account the need to
ensure the fullest possible coverage of their territory.

The competent national authorities or an institution desig-
nated by them as a national focal point shall co-ordinate
and/or transmit the information to be supplied at national
level to the Agency, in the framework of a work plan to
be agreed between each focal point and the Agency on
the basis of the work programme adopted by the Agency.
The national authorities shall co-operate with the social
partners at national level, according to national legislation
and/or practices.

Amendment 13
ARTICLE 1, POINT 4
Article 7a (Regulation (EC) No 2062/94)

The Agency shall comprise:

The governing and management structure of the Agency shall
comprise:

(a)

a Governing Board;

(a)

a Governing Board;

(b) a Bureau;

(c)

a Director.

(b) a Bureau;

(c)

a Director.

Amendment 14
ARTICLE 1, POINT 5
Article 8, paragraph 2 (Regulation (EC) No 2062/94

2.
The members referred to in points (a), (b) and (c) of para-
graph 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
employers and the employees' organisations on the Committee.

the Member States,

2.
The members referred to in points (a), (b) and (c) of para-
graph 1 shall be appointed by the Council from the members
and alternate members of the Advisory Committee on Safety
and Health at Work.

The members referred in point (a) of paragraph 1 shall be
appointed on a proposal from the Member States.

The members referred in points (b) and (c) of paragraph 1
shall be appointed on a proposal by the respective groups'
spokespersons on the Committee.

The proposals from the three groups within the Committee
shall be submitted to the Council and forwarded to the Com-
mission for information.

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AMENDMENTS
BY PARLIAMENT

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 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
members who are to represent it.

the members and alternate

The Commission shall appoint
members who are to represent it.

the members and alternate

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.

When submitting the lists of candidates, the Commission, the
Member States, employers' organisations and employees' organi-
sations, 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 in the composition of the bodies referred to in Arti-
cle 7A. The lists shall be submitted within three months of
any change in or renewal of the membership of the Advisory
Committee for Safety and Health at Work in accordance with
the provisions of Articles 3(3) and (4) and 4(1) of Council
Decision 2003/C 218/01 (*).

The list of the members of the Governing Board shall be pub-
lished by the Council
in the Official
the European
Union.

Journal of

the members of

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

(*) OJ C 218, 13.9.2003, p. 1.

Amendment 15

ARTICLE 1, POINT 5
Article 8, paragraph 3 (Regulation (EC) No 2062/94)

The term of office of members of the Governing Board

3.
shall be three years. It shall be renewable.

The term of office of members of the Governing Board

3.
shall be three years. It shall be renewable.

The term of office of the members of the Governing Board
who are in office on … (*) shall be extended until a new Gov-
erning Board has been appointed in accordance with the
provisions of paragraph 2.

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

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

(*) Date of entry into force of Council Regulation (EC) No …/2005.

Amendment 16
ARTICLE 1, POINT 5
Article 8, paragraph 7 (Regulation (EC) No 2062/94)

7.
The Governing Board shall adopt its rules of procedure,
which shall enter into force after being approved by the Coun-
cil, following an opinion given by the Commission.

7.
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 pur-
poses to the European Parliament and the Council. Within a
period of three months of the rules of procedure being trans-
mitted to it and acting by a simple majority, the Council may
modify those rules.

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TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 17
ARTICLE 1, POINT 5
Article 8, paragraph 8 (Regulation (EC) No 2062/94)

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
the first subparagraph of paragraph 4 and one more represen-
tative 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 the first subparagraph of paragraph 4 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 full
members.

in the absence of

the Bureau,

Amendment 18
ARTICLE 1, POINT 5
Article 8, paragraph 9 (Regulation (EC) No 2062/94)

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

9. Without prejudice to the responsibilities of the Director, as
set out in Article 11, the Bureau shall, as delegated by the Gov-
erning Board, monitor the implementation of the decisions of
the Governing Board and take all necessary measures for the
proper governing of the Agency between the Governing Board
meetings. The Governing Board may not delegate to the
Bureau the powers referred to in Articles 10, 13, 14 and 15.

Amendment 19
ARTICLE 1, POINT 5
Article 8, paragraph 10 (Regulation (EC) No 2062/94)

The annual schedule of meetings of the Bureau shall be
10.
decided by the Governing Board. The chairman shall convene
additional meetings of
its
members.

the Bureau at

the request of

The annual number of meetings of the Bureau shall be
10.
decided by the Governing Board. The chair of the Bureau shall
convene additional meetings at the request of its members.

Amendment 20
ARTICLE 1, POINT 5
Article 8, paragraph 11a (new) (Regulation (EC) No 2062/94)

The Governing Board shall be fully and timely

11a.
informed of the activities and decisions of the Bureau.

Amendment 21
ARTICLE 1, POINT 7
Article 10, paragraph 1, subparagraph 1 (Regulation (EC) No 2062/94)

7.

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

7.

(a) 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

The Governing Board shall determine the strategic aims of
in particular
the Agency. The Governing Board shall
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 11, after consultation
of the Commission services and the Advisory Committee
on Safety and Health at Work

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Official Journal of the European Union

C 45 E/99

TEXT PROPOSED
BY THE COMMISSION

Thursday 28 April 2005

AMENDMENTS
BY PARLIAMENT

Amendment 22
ARTICLE 1, POINT 7, POINT (B) (new)
Article 10, paragraph 1, subparagraph 4 (Regulation (EC) No 2062/94)

(b) In Article 10(1), the fourth subparagraph is deleted.

Amendment 23
ARTICLE 1, POINT 8
Article 11, paragraph 2 (Regulation (EC) No 2062/94)

8.

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

8. Article 11 is replaced by the following:

Article 11

The Director

The Director shall be appointed by the Commission
1.
from a list of candidates submitted by the Governing
Board.

2.
The Director shall be chosen on the grounds of his/
her competence. His/her independence must be beyond
doubt.

3.
The Director shall be appointed for a maximum
period of five years. His/Her term of office shall be
renewable.

The Director shall be the legal representative of the

2.
Agency.

The Director shall be the legal representative of the

4.
Agency.

He shall be responsible for:

He/She shall be responsible for:

(a)

(b)

(c)

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

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

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

(a)

(b)

(c)

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

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

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

(d)

the performance of the tasks prescribed,

(d)

the performance of the tasks prescribed,

(e)

(f)

all staff matters,

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

(e)

(f)

all staff matters,

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

P6_TA(2005)0148

Reciprocity mechanism *

European Parliament legislative resolution on the proposal for a Council regulation amending Regu-
lation (EC) No 539/2001 as regards the reciprocity mechanism (COM(2004)0437 — C6-0097/2004
— 2004/0141(CNS))

(Consultation procedure)

The European Parliament,

— having regard to the Commission proposal to the Council (COM(2004)0437) (1),

— having regard to Article 62(2)(b)(i) of the EC Treaty,

(1) Not yet published in OJ.