Council Regulation (EC) No 1111/2005 of 24 June 2005 amending Regulation (EEC) No 1365/75 on the creation of a European Foundation for the Improvement of Living and Working Conditions
Date: 2005-06-24
Institutions: Council of the European Union
Subjects: Eurofound, European official, administration of the Institutions, regulations for civil servants, staff regulations

15.7.2005

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Official Journal of the European Union

L 184/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1111/2005

of 24 June 2005

amending Regulation (EEC) No 1365/75 on the creation of a European Foundation for the
Improvement of Living and Working Conditions

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,

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

Whereas:

(1)

(2)

(3)

(4)

Council Regulation (EEC) No 1365/75, of 26 May 1975,
on the creation of a European Foundation for
the
Improvement of Living and Working Conditions (2)
includes provisions concerning the organisation of the
Foundation, and in particular of
its Administrative
Board. These provisions have been amended several
times following each accession of new Member States,
when new members had to be added to the Adminis-
trative Board.

the

Foundation)

The external evaluation of the European Foundation for
the Improvement of Living and Working Conditions
(hereinafter
in 2001
underlines the need to adapt the provisions of Regulation
(EEC) No 1365/75 in order to maintain the efficiency
and effectiveness of the Foundation and its management
structures,
the provisions
revision of
concerning the Committee of Experts.

carried out

including

a

European

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

called
upon
composition

Parliament
reconsider

has
the

to

A joint opinion concerning the future governance and
the
functioning of

the Foundation,

the Boards of

(1) Opinion of 28 April 2005 (not yet published in the Official Journal).
(2) OJ L 139, 30.5.1975, p. 1. Regulation as last amended by Regu-

lation (EC) No 1649/2003 (OJ L 245, 29.9.2003, p. 25).

European Agency for Safety and Health at Work and the
European Centre for
the Development of Vocational
Training has been submitted to the Commission by
their respective management or Administrative Boards.

the

tripartite

Foundation,

governance of

The
the
European Agency for Safety and Health at Work and
the European Centre for the Development of Vocational
Training by representatives of national governments,
employers’ organisations and employees’ organisations
is fundamental to the success of those bodies.

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

The existence within the tripartite Board of the three
groups
and
from government,
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
interests and approaches which characterise social issues.

It is necessary to anticipate the practical consequences for
the Foundation 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.

(5)

(6)

(7)

(8)

(9)

(10)

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 Foundation and effi-
ciency 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
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.

3. Article 6 is replaced by the following:

‘Article 6

1.

The Governing Board shall consist of:

(12)

(13)

The Board should be able to ensure a formal contri-
bution of independent experts for a limited duration in
accordance with specific needs in relation to the imple-
mentation of the work programme.

It is appropriate to treat the staff of the European Foun-
dation for the Improvement of Living and Working
Conditions, which has been the only Community
Agency with its own Staff Regulations,
in the same
manner as other servants engaged under contract by
the Communities and to entitle them to the same
benefits of the reformed Staff Regulations by respecting
acquired rights, especially with respect to careers and
pension rights.

(14)

Regulation (EEC) No 1365/75 should therefore be
amended accordingly.

(15)

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 (EEC) No 1365/75 is amended as follows:

1.

in Article 3, paragraph 2 is replaced by the following:

‘2.
The Foundation shall cooperate as closely as possible
with specialised institutions, foundations and bodies in the
Member States and at international level. In particular, the
Foundation shall ensure appropriate cooperation with the
European Agency for Safety and Health at Work, without
prejudice to its own aims.’;

2. Article 5 is replaced by the following:

‘Article 5

The governing and management structure of the Foundation
shall comprise:

(a) a Governing Board;

(b) a Bureau;

(c) a Director and Deputy Director.’;

(a) one member representing the Government from each

Member State;

(b) one member representing the employers’ organisations

from each Member State;

(c) one member representing the employees’ organisations

from each Member State;

(d) three members representing the Commission.

2.
The members referred to in paragraph 1(a), (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 Commission shall appoint the members and alternates
taking into account a balanced
who are to represent
representation of men and women.

it,

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

in the Official

Journal of

The term of office of members of the Governing Board

3.
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 chair and three
4.
vice-chairs, one from each of the three groups referred to
in paragraph 7 and one from among the Commission repre-
sentatives, to serve for a period of one year, which may be
renewed.

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.

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Decisions by the Governing Board shall be taken by an

6.
absolute majority of its members.

(c)

the following paragraph is added:

the representatives of
7. 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 shall take part in meetings without the right to vote.

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
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.

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
its
members.

the request of

10.
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.

‘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 imple-
mentation of the decisions of the Governing Board and
take all necessary measures for the proper management
of
Foundation between the Governing Board
meetings. The Governing Board may not delegate to
the Bureau the competences referred to in Articles 12
and 15.’;

the

5. Articles 9 and 10 are replaced by the following:

‘Article 9

1.
The Director shall be responsible for the management
of the Foundation as well as for the implementation of the
decisions of and the programmes adopted by the Governing
Board and the Bureau. The Director shall be the legal repre-
sentative of the Foundation.

2. Without prejudice to Article 8(1), the Director shall
exercise the powers referred to in Article 17(1).

The Director

the
3.
activities of
shall prepare
Governing Board and the Bureau. The director or
the
deputy director or both shall attend the meetings of the
Board and Bureau.

the

11.
The Governing Board shall be fully and promptly
informed on the activities of and the decisions taken by
the Bureau.’;

The Director shall be accountable to the Governing

4.
Board for the running of the Foundation.

4. Article 7 is amended as follows:

Article 10

(a) paragraph 1 is replaced by the following:

On the basis of a proposal by the Director, the Governing
Board may select
independent experts and seek their
opinions on specific issues in relation to the four-year
rolling programme and the annual work programme.’;

‘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
the
in agreement with the Commission, adopt
shall,
Foundation’s annual and four-year rolling programmes.’;

6. Article 11 is deleted;

7. Article 12 is amended as follows:

(b) paragraph 2 is replaced by the following:

(a)

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

The Director

‘1.
shall draw up an annual work
programme before 1 July each year on the basis of the
guidelines referred to in Article 7. The annual work
programme
rolling
programme.
annual work
programme shall be accompanied by an estimate of
the necessary expenditure.

shall be part of
in
The

four-year

a
the

projects

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When drawing up the programmes, the director shall
take account of the opinions of the Community insti-
tutions
Social
and
Committee.’;

European Economic

and

the

(b) Article 12(2) is replaced by the following:

The Director shall forward the programmes to the

‘2.
Governing Board for approval.’;

8. Article 17 is replaced by the following:

‘Article 17

1.
The staff of the Foundation recruited after 4 August
2005 shall be subject to the Staff Regulations of officials of
to the Conditions of
the European Communities or
Employment of other Servants of
the Communities laid
down in Regulation (EEC, Euratom, ECSC) No 259/68 (1)
(CEOS). Section 2 of Annex XIII of the Staff Regulations
shall apply.

2.
All employment contracts concluded by the Foun-
dation and its staff members under Regulation (ECSC, EEC,
Euratom) No 1860/76 (2) before 4 August 2005 shall be
considered to have been concluded under Article 2(a)
CEOS. The provisions of Section 1, 3 and 4, with the
exception of Article 22(2) of Annex XIII of the Staff Regu-
lations, shall be applicable to these contracts from the same
date.

in Article 45 of Regulation (ECSC, EEC,
provided for
Euratom) No 1860/76. For the purposes of allowances on
termination of a contract and for unemployment benefits,
such termination of contract shall be deemed to be the result
of an action of the Foundation.

3.
The Foundation shall exercise, in respect of the staff,
the powers conferred on the appointing authority or the
authority authorised to conclude contracts as the case may
be.

The Governing Board shall,

4.
Commission, adopt the appropriate implementing rules.

in agreement with the

___________
(1) OJ L 56, 4.3.1968, p. 1. Regulation as last amended by
Regulation (EC, Euratom) No 31/2005 (OJ L 8,
12.1.2005, p. 1).

(2) Council Regulation (ECSC, EEC, Euratom) No 1860/76 of
29 June 1976, laying down the conditions of Staff of the
European Foundation for the Improvement of Living and
Working Conditions (OJ L 214, 6.8.1976, p. 24). Regu-
lation as last amended by Regulation (Euratom, ECSC,
EEC) No 680/87 (OJ L 72, 14.3.1987, p. 15).’;

9. Each time the term ‘Administrative Board’ or ‘Management
Board’ appears in the articles, it is replaced by ‘Governing
Board’.

Article 2

Staff members shall have the right to terminate the contract
at the same date without having to respect the notice period

This Regulation shall enter into force on the 20th 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, 24 June 2005.

For the Council
The President

L. LUX