Opinion of the European Economic and Social Committee - Proposal for a Regulation of the Council amending Regulation (EC) No 40/94 as regards the term of office of the President of the Office for Harmonisation in the Internal Market
Date: 2005-12-15
Institutions: European Economic and Social Committee
Subjects: European Union Intellectual Property Office, operation of the Institutions

17.3.2006

EN

Official Journal of the European Union

C 65/131

Opinion of the European Economic and Social Committee on the

— ‘Proposal for a Regulation of the Council amending Regulation (EC) No 40/94 as regards the

term of office of the President of the Office for Harmonisation in the Internal Market’

— ‘Proposal for a Regulation of the Council amending Regulation (EC) No 2100/94 as regards the

term of office of the President of the Community Plant Variety Office’

— ‘Proposal for a Regulation of the Council amending Regulation (EC) No 2007/2004 as regards
the term of office of the Executive Director and the Deputy Executive Director of the Euro-
pean Agency for the Management of Operational Cooperation at the External Borders of the
Member States of the European Union’

— ‘Proposal for a Regulation of the European Parliament and of the Council amending Regulation
(EC) No 2062/94 establishing a European Agency for Health and Safety at Work as regards the
Director's term of office’

— ‘Proposal for a Regulation of the European Parliament and of the Council amending Regulation
(EC) No 1406/2002 establishing a European Maritime Safety Agency as regards the Executive
Director's term of office’

— ‘Proposal for a Regulation of the European Parliament and of the Council amending Regulation
(EC) No 1592/2002 as regards the term of office of the Executive Director and the Directors of
the European Aviation Safety Agency’

— ‘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’

— ‘Proposal for a Regulation of the European Parliament and of the Council amending Regulation
(EC) No 1035/97 establishing a European Monitoring Centre on Racism and Xenophobia as
regards the Director's term of office’

— ‘Proposal for a Regulation of the European Parliament and of the Council amending Regulation
(EEC) No 1210/90 on the establishment of the European Environment Agency and the Euro-
pean Environment Information and Observation Network as regards the term of office of the
Executive Director’

— ‘Proposal for a Regulation of the European Parliament and of the Council amending Regulation
(EEC) No 337/75 establishing a European Centre for the Development of Vocational Training as
regards the Director's term of office’

— ‘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’

— ‘Proposal for a Regulation of the European Parliament and of the Council amending Regulation
(EEC) No 1360/90 establishing a European Training Foundation as regards the Director's term
of office’

— ‘Proposal for a Regulation of the European Parliament and of the Council amending Regulation
(EEC) No 302/93 on the establishment of a European Monitoring Centre for Drugs and Drug
Addiction as regards the Director's term of office’

— ‘Proposal for a Regulation of the European Parliament and of the Council amending Regulation
(EC) No 178/2002 as regards the term of office of the Executive Director of the European Food
Safety Authority’

— ‘Proposal for a Regulation of the European Parliament and of the Council amending Regulation
(EC) No 851/2004 establishing a European Centre for disease prevention and control as regards
the Director's term of office’

C 65/132

EN

Official Journal of the European Union

17.3.2006

— ‘Proposal for a Regulation of the European Parliament and of the Council amending Regulation
(EC) No 726/2004 as regards the term of office of the Executive Director of the European Medi-
cines Agency’

(COM((2005) 190 final — 2005/0077(CNS) — 2005/0078(CNS) — 2005/0089(CNS) —
2005/0085(COD) — 2005/0086(COD) — 2005/0087(COD) — 2005/0088(COD) — 2005/0080(CNS)
— 2005/0072(COD) — 2005/0073(COD) — 2005/0074(COD) — 2005/0075(COD) —
2005/0076(COD) — 2005/0081(COD) — 2005/0082(COD) — 2005/0083(COD))

(2006/C 65/23)

On 17 June 2005, the Council decided to consult the European Economic and Social Committee, under
Article 262 of the Treaty establishing the European Community, on the abovementioned proposals.

On 12 July 2005, the Committee Bureau instructed the Section for Employment, Social Affairs and Citizen-
ship to prepare the Committee's work on the subject.

The European Economic and Social Committee appointed Ms Cser as rapporteur-general at its 422nd
plenary session, held on 14 and 15 December 2005 (meeting of 15 December 2005) and adopted the
following opinion by 93 votes with 2 abstentions.

1. Summary of the proposal for a regulation

1.1
The European Commission has submitted proposals for
regulations harmonising procedures for appointing directors
and deputy directors of agencies, amending inter alia Council
Regulation (EC) 2007/2004.

In the evaluation the Commission assesses the results achieved
in the first term of office and the way in which they were
achieved, together with the agency's duties and requirements in
the coming years.

The proposals contain changes to some of the provisions of the
regulations establishing 18 agencies, with regard to the
appointment of their directors and deputy directors.

2. General comments

to

no

are

Council

amendments

There
Regulation
2667/2000/EC establishing a European Agency for Reconstruc-
tion or Regulation 460/2004/EC of the European Parliament
and of the Council establishing a European Network and Infor-
mation Security Agency on the grounds that these agencies
have only been established for a limited period and that the
relevant regulations do not provide for extending the terms of
office of their directors or deputy directors.

The proposed regulations establishing a European Chemicals
Agency and a Community Fisheries Control Agency have not
yet been adopted; amendments harmonising their provisions
are planned.

2.1
The EESC welcomes the drafting by the European
Commission of a proposal to align currently inconsistent provi-
sions in Council regulations for the appointment of executive
directors and deputy directors to the 18 agencies, and for
extension of their term of office.

2.2
The EESC appreciates and supports the Commission's
aim of harmonising procedures in that European Community
rules will become clearer and more manageable as a result. The
activities of the European agencies will also become clearer,
and their management by the Commission will be made
simpler and more uniform.

The proposals amend existing regulations establishing
identical amendments to the preamble of each

1.2
18 agencies;
regulation are proposed.

The unified proposal for amendment stipulates that agencies
should be headed by a director appointed on the basis of a
proposal from the Commission for a five-year period which, on
a proposal from the Commission and after evaluation, may be
extended once for a period of not more than five years.

Clarity and simplicity could also benefit the executive directors
of agencies and their deputies, in that the tasks and compe-
tences of the agencies in various fields will become clearer.
There is inconsistency in the concepts and terms used by the
various regulations establishing individual agencies referring to
the appointment of executive directors, directors and deputy
directors, and also to the renewal, extension or continuation of
their terms of office; there is also inconsistency with regard to
varying durations of terms of office, all of which gives rise to
confusion in applying the rules on legal status in connection
with appointments and terms of office.

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3. Specific comments

3.1
The EESC endorses the aim of the proposals, but points
out that Council Regulation (EEC) No 1360/90 of 7 May 1990
establishing a European Training Foundation also needs to be
amended. Article 7(1) of the Regulation states that ‘the director
of the Foundation shall be appointed by the governing board,
on a proposal from the Commission, for a term of office of five
years, which shall be renewable’.

The Commission's proposals for regulations amending existing
regulations, however, consistently use the term ‘extend’ instead
of ‘renew’.

3.2
The EESC regrets that the Commission, in its explana-
tory referendum, incorrectly refers to Articles 223 and 225 of
the EC Treaty on the appointment of judges, whereas the rele-
vant Articles are actually 223 and 224.

The EESC is unable to understand why Council Regu-
3.3
lation (EC) No 2667/2000, which set the term of office of the
executive director of the European Agency for Reconstruction
at 30 months, and Council Regulation 2068/2004, which
extended the Agency's mandate by 30 months to 31 December
2006, are inconsistent with the stated objectives of harmonisa-
tion.

3.4
In view of the Commission's concern with harmonisa-
tion, the EESC is unable to understand why there is inconsis-
tency in the terms used to refer to management posts.

The EESC draws the Commission's attention to the fact that it
is unrealistic and unacceptable to establish such an important
and costly agency as the European Network and Information
Security Agency for a period of only five years. It is likely that
the mandate of this agency will be extended on a similar basis
to that of the other agencies originally established for a fixed
period, and therefore work is already needed to prepare the
requisite amendment.

The objectives and remit of the European Network and Infor-
mation Security Agency set out
in Regulation (EC) No
460/2004 of the European Parliament and of the Council of 10
March 2004 are in themselves good reason for the EESC's
recommendation.

Brussels, 15 December 2005.

3.5
The EESC endorses the Commission's objectives of
harmonisation, clarity and simplification. However, it is unable
to understand why the Commission does not take into consid-
eration Article 27(77) in Chapter 1 (Recruitment) of Title III
(Career of Officials) of the Staff Regulations of officials of the
European Communities:

‘Recruitment shall be directed to securing for the institution the
services of officials of the highest standard of ability, efficiency
and integrity, recruited on the broadest possible geographical
basis from among nationals of Member States of the Commu-
nities’.

in that

The Commission's proposed amendment is in serious breach of
this requirement
it dispenses with the competition
procedure envisaged by the EC Treaty due to budgetary consid-
In the explanatory memorandum, the Commission
erations.
to follow the competition
makes a conscious decision not
procedure on the grounds of expedience.

The EESC cannot accept any sidestepping of the requirements
laid down in the EC Treaty and the Staff Regulations, since it
would very probably exclude citizens of the ten new Member
States from being appointed as directors, deputy directors or
executive directors of agencies.

The EESC does not think that the competent authorities should
be allowed to choose between extension of a term of office or
initiating a new recruitment procedure.

In the Committee's view, it is important to boost public confi-
dence in EU institutions. However, efforts to do so will be
seriously jeopardised if citizens of the ten new Member States
feel that management positions in EU bodies are effectively
barred to them.

Only one of the 20 European agencies has a director from one
of the ten new Member States.

The EESC recommends that
taking into
consideration the above observations and European Com-
munity rules on equal opportunities, carefully review its propo-
sals amending the existing regulations.

the Commission,

The President

of the European Economic and Social Committee

Anne-Marie SIGMUND