European Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 881/2004 establishing a European Railway Agency as regards the term of office of the Executive Director (COM(2005)0190 - C6-0152/2005 - 2005/0088(COD))
Date: 2005-12-13
Institutions: Committee on Legal Affairs, European Parliament
Subjects: European Union Agency for Railways, administrative procedure, contractual liability, operation of the Institutions

C 286 E/132

Official Journal of the European Union

EN

23.11.2006

Tuesday 13 December 2005

P6_TA(2005)0482

The term of office of
Agency ***I

the Executive Director of

the European Railway

European Parliament legislative resolution on the proposal for a regulation of the European Parlia-
ment and of the Council amending Regulation (EC) No 881/2004 establishing a European Railway
Agency as regards the term of office of the Executive Director (COM(2005)0190 — C6-0152/2005
— 2005/0088(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 71(1) of the EC Treaty, pursuant to which the Commission

submitted the proposal to Parliament (C6-0152/2005),

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

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

Transport and Tourism (A6-0363/2005),

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)0088

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 (EC) No 881/2004 establishing a European Railway Agency as regards the term of
office of the Executive Director

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 71(1) 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),

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.

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

23.11.2006

EN

Official Journal of the European Union

C 286 E/133

Tuesday 13 December 2005

(2) Provision should be made for the possibility of candidates for the post of Executive Director of the
European Railway Agency being proposed by the Commission, 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 (EC) No 881/2004 (1) should therefore be amended,

HAVE ADOPTED THIS REGULATION:

Article 1

Article 31 of Regulation (EC) No 881/2004 is hereby amended as follows:

(a)

the first subparagraph of paragraph 1 is hereby replaced by the following:

‘1. The Executive Director shall be appointed by the Administrative Board on the grounds of merit
and documented administrative and managerial skills, as well as competence and experience relevant
to the railway sector. The Administrative Board shall take its decision by a four-fifths majority of all
members entitled to vote. The Commission may propose a candidate or candidates, after hearing the
opinion of the representative appointed by the European Parliament;’

(b) paragraph 3 is hereby replaced by the following:

‘3. The term of office of the Executive Director shall be five years. On a proposal from the Commission,
after hearing the opinion of the representative appointed by the European Parliament and after an
evaluation, it may be extended once for a period of not more than five years.

In the evaluation, the Administrative Board shall assess in particular:

— the results achieved in the first term of office and the way in which they have been achieved;

— the Agency'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 164, 30.4.2004, p. 1.