Council Regulation (EC) No 1112/2005 of 24 June 2005 amending Regulation (EC) No 2062/94 establishing a European Agency for Safety and Health at Work
Date: 2005-06-24
Institutions: Council of the European Union
Subjects: European Agency for Safety and Health at Work, administration of the Institutions, powers of the institutions (EU)

15.7.2005

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Official Journal of the European Union

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COUNCIL REGULATION (EC) No 1112/2005

of 24 June 2005

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
Community, and in particular Article 308 thereof,

establishing the European

Having regard to the proposal from the Commission, submitted
following consultation with the Advisory Committee for Safety
and Health at Work,

(4)

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

Whereas:

(1)

(2)

(3)

Council Regulation (EC) No 2062/94 of 18 July 1994
establishing a European Agency for Safety and Health at
Work (2) includes provisions concerning the aims, tasks
and organisation of the Agency and in particular of its
Administrative Board. Those provisions were amended
following the accession of Austria, Finland and Sweden,
when new members had to be added to the Adminis-
trative Board.

important

social policy

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

The Council Resolution of 3 June 2002 on a new
Community strategy on health and safety at work
(2002 to 2006) (3)
the Agency to play a
leading role in the collection and dissemination of infor-
mation on good practice, awareness-raising and risk
anticipation. The Council calls on the Commission to
promote cooperation between the Member States and

requires

(1) Opinion of 28 April 2005 (not yet published in the Official Journal).
(2) OJ L 216, 20.8.1994, p. 1. Regulation as last amended by Regu-

lation (EC) No 1654/2003 (OJ L 245, 29.9.2003, p. 38).

(3) OJ C 161, 5.7.2002, p. 1.

(5)

(6)

(7)

the social partners at European level through the Agency,
with a view to future enlargement and welcomes the
Commission's
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.

intention to submit

a proposal

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

that

The European Economic and Social Committee Opinion
of 17 June 2002 on the Communication from the
Commission ‘Adapting to change in work and society:
a new Community strategy on health and safety at work
2002 to 2006’ (4) highlights the role of the Agency in
the evaluation of risks and the need for regular contacts
between the Agency and the European Foundation for
the Improvement of Living and Working Conditions to
avoid duplication and to stimulate joint reflection.

The Commission Communication on the ‘Evaluation of
the European Agency for Safety and Health at Work’,
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
(EC)
No 2062/94 in order to maintain and improve the effi-
ciency
and its
management structures.

and effectiveness of

amend Regulation

the Agency

need

the

to

European

the
The
Commission
and
working methods of agencies' boards and to put
forward appropriate proposals.

upon
called
composition

Parliament
reconsider

has
the

to

(4) OJ C 241, 7.10.2002, p. 100.

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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 admin-
istrative 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
of
governments, employers' organisations and employees'
organisations is fundamental
those
bodies.

to the success of

representatives

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.

That

drawn

should

therefore

employers

arrangement

The existence within the tripartite Board of the three
and
from government,
groups
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.
In line with the guidelines for the development of future
Community Bodies, included in the communication from
the Commission ‘The operating framework for
the
European Regulatory Agencies’, 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
the Social Policy Agenda, all Board
development of
and
members
Commission representatives) should have uniformly one
vote each.

(government

employers,

employees

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 provides for no powers, other than those
under Article 308 thereof for the adoption of this Regu-
lation,

HAS ADOPTED THIS REGULATION:

Article 1

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

1. Article 2 is replaced by the following:

‘Article 2

Objective

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 bodies, the Member States, the social partners
and those involved in the field with the technical, scientific
and economic information of use in the field of safety and
health at work.’

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.

2. Article 3 is amended as follows:

(a) Paragraph 1 is amended as follows:

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

(8)

(9)

(10)

(11)

(12)

(13)

It is necessary to anticipate the practical consequences for
the
the Agency of
Union. The composition and functioning of its Board
should be adjusted to take account of the accession of
new Member States.

the forthcoming enlargement of

(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 effi-
ciency in its decision-making. The composition of the

‘(a) collect,

and

analyse

disseminate

technical,
scientific and economic information in the
Member States in order to pass it on to the
and
Community
bodies, Member
take
interested parties;
place to identify risks and good practices as
well
and
programmes and provide the necessary input
to the priorities
the
Community;

States
collection shall

and programmes of

priorities

national

existing

this

as

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(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 infor-
mation 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. With regard to good
practices, the Agency should in particular focus
on practices which constitute practical tools to
be used in drawing up an assessment of the
risks to safety and health at work, and iden-
tifying the measures to be taken to tackle them;

(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
to the
end
disseminated is
comprehensible
the Agency
users. To achieve this objective,
shall work closely with the national
focal
points referred to in Article 4(1), in accordance
with the provisions of Article 4(2);’

(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 cooperation with the European Foundation
for the Improvement of Living and Working Conditions,
without prejudice to its own aims.’

3. Article 4 is amended as follows:

— any future topic centres.’

(b) In Article 4(2), the first and second subparagraphs are

replaced by the following:

shall

The Member States

the main components of

‘2.
Agency of
health and safety
including any institution which in their
could contribute to the work of
into account
coverage of their territory.

regularly inform the
their national
at work information networks,
judgement
taking
the need to ensure the fullest possible

the Agency,

and/or

The competent national authorities or a national
insti-
tution designated by them as a national focal point shall
information to be
coordinate
in the
supplied at national
framework of an agreement between each focal point
and the Agency on the basis of the work programme
adopted by the Agency.

the
to the Agency,

transmit
level

The national authorities shall take into account the point
of view of social partners at national level in accordance
with national legislation and/or practice.’

4. The following Article is added:

‘Article 7a

Governing and management structures

The governing and management structure of 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

(a)

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

1.

The Governing Board shall consist of:

‘1.

The Agency shall set up a network comprising:

(a) one member representing the Government from each

Member State;

— the main component elements of the national infor-
social
legis-

mation networks,
partners' organisations, according to national
lation and/or practice;

including the national

(b) one member representing the employers' organisations

from each Member State;

— the national focal points;

(c) one member representing the employees' organisations

from each Member State;

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(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
the Advisory
of
Committee on Safety and Health at Work.

alternate members

and

referred to in paragraph 1(a)
The members
appointed on a proposal from the Member States.

shall be

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

the representatives of
4. Within the Governing Board,
governments, employees' organisations and employers' orga-
nisations shall each form a group. Each group shall designate
a coordinator who will take part in the meetings of the
Governing Board. The coordinators of the employees' and
employers' groups shall be representatives of their respective
organisations at European level. Coordinators who are not
appointed Board members within the meaning of paragraph
1 will take part in meetings without the right to vote.

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

The proposals from the three groups within the Committee
shall be submitted to the Council; the proposals shall also be
forwarded to the Commission for information.

5.
The chair shall convene the Governing Board at least
once a year. The chair shall convene additional meetings at
the request of at least one-third of the members of the
Governing Board.

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, taking into account a
balanced representation of men and women.

that

the various

composition of

When submitting the lists of candidates, the Member States,
employers' organisations and employees' organisation shall
the
endeavour
the
to ensure
Governing Board fairly reflects
economic
sectors concerned and to ensure a balanced representation
of men and women. These submissions shall
take place
within three months of the renewal of the membership of
the Advisory Committee for Safety and Health at Work
being renewed in accordance with the provisions of
Articles 3(3) and (4) and 4(1) of Council Decision of 22
July 2003 setting up an Advisory Committee on Safety
and Health at Work (1).

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

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
Exceptionally,
Governing Board who are in office on the day of
the
entry into force of this Regulation shall be extended until
a new Governing 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
their
remain in office until
shall
appointments are renewed or until they are replaced.

6.
All members of the Governing Board shall have one
vote each and decisions shall be taken by an absolute
majority. However, decisions
the
annual work programme and with budgetary consequences
for the national focal points shall also require the consent of
the majority of the government group.

in the framework of

The Governing Board shall devise a written decision-making
procedure,
subparagraph shall apply
mutatis mutandis.

to which the first

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
to the European Parliament and the Council. However,
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.

8.
The Governing Board shall establish a Bureau of 11
members. The Bureau shall be made up of the chair and the
three vice-chairs of the Governing Board, one coordinator
subparagraph of
per group as
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 Bureau, in the
absence of the full members.

referred to in the first

responsibilities of

the
to the
9. Without prejudice
Director, as set out
the Bureau shall, as
in Article 11,
delegated by the Governing Board, monitor the implemen-
tation 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 competences
referred to in Articles 10, 13, 14 and 15.

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

the request of

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.

The Governing Board shall be fully and promptly
12.
informed on the activities of and the decisions taken by
the Bureau.
___________
(1) OJ C 218, 13.9.2003, p. 1.’

6. In Article 9, the following subparagraph is added:

the Governing Board and Director of

‘The chair 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. Article 10 is amended as follows:

(a)

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

‘The Governing Board shall determine the strategic aims
of the Agency. 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 11, after consul-
tation of
the Commission services and the Advisory
Committee on Safety and Health at Work.’

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

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

The Director shall be the legal representative of the

‘2.
Agency and 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’.

Article 2

This Regulation shall enter into force on the twentieth day
following that of 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, 24 June 2005.

For the Council
The President

L. LUX