European Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EEC) No 1365/75 on the creation of a European Foundation for the improvement of living and working conditions as regards the term of office of the director and deputy director (COM(2005)0190 - C6-0143/2005 - 2005/0074(COD))
Date: 2005-12-13
Institutions: Committee on Legal Affairs, European Parliament
Subjects: Eurofound, administrative procedure, contractual liability, operation of the Institutions

23.11.2006

EN

Official Journal of the European Union

C 286 E/115

Tuesday 13 December 2005

P6_TA(2005)0473

The term of office of the Director and Deputy Director of the European Foun-
dation for the improvement of living and working conditions ***I

European Parliament legislative resolution on the proposal for a regulation of the European Parlia-
ment and of the Council amending Regulation (EEC) No 1365/75 on the creation of a European
Foundation for the improvement of living and working conditions as regards the term of office of
the director and deputy director (COM(2005)0190 — C6-0143/2005 — 2005/0074(COD))

(Codecision procedure: first reading)

The European Parliament,

— having regard to the Commission proposal to the European Parliament and the Council (COM(2005)

0190) (1),

— having regard to Article 251(2) and Article 137(1)(a) and (b) of the EC Treaty, pursuant to which the

Commission submitted the proposal to Parliament (C6-0143/2005),

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

— having regard to the report of the Committee on Legal Affairs (A6-0349/2005),

1.

Approves the Commission proposal as amended;

Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal

2.
substantially or replace it with another text;

3.

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

(1) Not yet published in OJ.

P6_TC1-COD(2005)0074

Position of the European Parliament adopted at first reading on 13 December 2005 with a view to
the adoption of Regulation (EC) No …/2006 of the European Parliament and of the Council amend-
ing Regulation (EEC) No 1365/75 of the Council on the creation of a European Foundation for the
improvement of living and working conditions as regards the term of office of the director and
deputy director

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 137(1)(a) and (b)
thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee (1),

Having regard to the opinion of the Committee of the Regions (1),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

(1) OJ C …
(2) Position of the European Parliament of 13 December 2005.

C 286 E/116

Official Journal of the European Union

EN

23.11.2006

Tuesday 13 December 2005

Whereas:

(1)

It is necessary to harmonise the rules on the conditions and procedures applicable to extending the
term of office of the Director, Deputy Director or President, as appropriate, of certain Community
agencies.

(2) Provision should be made for the director and the deputy director of the European Foundation for the
improvement of living and working conditions to be appointed after hearing the opinion of the
representative appointed by the European Parliament.

(3) Provision should be made to extend this term of office once, after suitable evaluation and after hearing

the opinion of the representative appointed by the European Parliament.

(4) Regulation (EEC) No 1365/75 of the Council (1) should therefore be amended,

HAVE ADOPTED THIS REGULATION:

Article 1

In Article 8 of Regulation (EEC) No 1365/75, paragraph 3 is hereby replaced by the following:

‘3.
The director and the deputy director shall be appointed by the Commission, after hearing the
opinion of the representative appointed by the European Parliament, for a maximum period of five
years which, on a proposal from the Governing Board, after hearing the opinion of the representative
appointed by the European Parliament and after an evaluation, may be extended once for a period of
not more than five years.

In the evaluation, the Governing Board shall assess in particular:
— the results achieved in the first term of office and the way in which they have been achieved;
— the Foundation's duties and requirements in the coming years.’

Article 2

This Regulation shall enter into force on the […] 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 …, on …

For the European Parliament
The President

For the Council
The President

(1) OJ L 139, 30.5.1975, p. 1. Regulation as last amended by Regulation (EC) No 1111/2005 (OJ L 184, 15.7.2005, p. 1).