Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a European Centre for the Development of Vocational Training (Cedefop) and repealing Regulation (EEC) No 337/75
Date: 2016-08-23
Institutions: Directorate-General for Employment, Social Affairs and Inclusion, European Commission
Subjects: Cedefop, operation of the Institutions

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   EUROPEAN COMMISSION  Brussels, 23.8.2016  COM(2016) 532 final 2016/0257 (COD)   Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a European Centre for the Development of Vocational Training (Cedefop) and repealing Regulation (EEC) No 337/75  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The  proposal  aims  to  revise  the  Founding  Regulation  of  the  European  Centre  for  the 
Development of Vocational Training (Cedefop)  from 1975. The reasons for the revision are 
twofold.  
The  revision  of  the  Cedefop's  Founding  Regulation  will  align  certain  provisions  of  the 
existing  Regulation  governing  Cedefop  with  the  Common  Approach  on  Decentralised 
Agencies.  
The revision also offers the opportunity to update the objectives and tasks of Cedefop. Since 
its  establishment  in  1975,  the  Centre  has  adapted  its  activities  to  the  overall  societal, 
institutional  and  economic  developments  and  emerging  trends  in  European  policies  in  the 
field  of  vocational  education  and  training.  This  includes  technological  developments,  as 
vocational occupations have been increasingly relying on the use of digital technologies. To 
respond  to  the  evolution  of  the  changing  policy  context,  Cedefop's  current  activities  go 
beyond vocational education and training and include work on qualifications, in particular the 
European Qualifications Framework, on skills analysis and forecasting, and the validation of 
non-formal and informal learning which should all be acknowledged. The new objectives and 
tasks will be adjusted to better reflect these developments.  
The revision is not an initiative within the Regulatory Fitness Programme (REFIT). 

The other two so-called tripartite Agencies of the European Union, the European Agency for 
Safety and Health at Work (EU-OSHA) and the European Foundation for the Improvement of 
Living and Working Conditions (Eurofound) will also undergo a revision of their respective 
Founding Regulations at the same time as Cedefop.  

• 

Consistency with existing policy provisions in the policy area 

The Cedefop's Founding Regulation has been amended five times, in 1993, 1994, 1995, 2003 
and 2004, mainly to take account of the EU enlargement or Treaty changes. However, these 
amendments have not significantly altered the fundamentals of the Agency.  
This  revision  will  define  more  sharply  the  role  of  Cedefop  in  supporting  the  shaping  and 
implementation of vocational education and training, skills and qualifications policies. It will 
update  the  mandate  of  Cedefop  as  a  centre  for  analysis,  research  and  policy  monitoring  in 
these policy areas. 

• 

Consistency with other Union policies 

As Cedefop is at the interface of vocational education and training and the labour market, the 
revision  takes  into  consideration  the  existing  EU  education  and  training  policies1  and  skills 
policies2,  on  the  one  hand  and  employment  policies  on  the  other  hand.  It  foresees 
complementarity with ongoing and planned research in this area carried out with EU funding, 
such as those financed under EU research funding programmes. 

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Including the ET 2020 strategic framework for European cooperation in education and training recently 
updated  by  the  2015  Joint  Report  and  the  Copenhagen  process  fostering  European  cooperation  in 
vocational education and training 
As recently set out in the New Skills Agenda for Europe: Communication from the Commission to the 
European Parliament, the Council, the European Economic and Social Committee and the Committee of 
the Regions  COM(2016) 381/2 

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2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The  proposed  legal  basis  is  article  166(4)  with  references  to  a  vocational  training  policy 
which shall support and supplement the action of the Member States, while fully respecting 
the  responsibility  of  the  Member  States  for  the  content  and  organisation  of  vocational 
training, article 165(4) with references to the contribution of the Union to the development of 
quality  education  by  encouraging  cooperation  between  Member  States  and,  if  necessary,  by 
supporting  and  supplementing  their  action,  while  fully  respecting  the  responsibility  of  the 
Members  States  for  the  content  of  teaching  and  the  organisation  of  education  systems  and 
article 149 of the Treaty on the Functioning of the European Union, referring to adoption of 
incentive measures designed to encourage cooperation between Member States and to support 
their action in the field of employment. 

• 

Subsidiarity (for non-exclusive competence)  

This proposal addresses certain aspects relating to how the EU agency operates internally and 
within  the  EU  institutional  framework.  Therefore,  the  objectives  of  this  proposal  cannot  be 
achieved by action at national level. 

• 

Proportionality 

The  revision  of  the  Founding  Regulation  should  be  considered  in  terms  of  its  impact  on 
administrative  burden  and  budgetary  costs  so  as  to  respect  the  proportionality  principle. 
A general  principle  which  shall  guide  the  revision  is  the  necessity  to  keep  the  text  of  the 
Founding  Regulation  simple,  clear  and  flexible,  while  relying  on  other  forms  of  regulation 
(e.g.  Rules  of  Procedure)  for  detailed  provisions.  The  Founding  Regulation  should  have  a 
mid-term  lifespan  and  ensure  the  necessary  flexibility  to  allow  for  possible  future 
developments in the organisation without a need for a further revision. 

• 

Choice of the instrument 

The instrument will be a Regulation of the European Parliament and of the Council repealing 
and replacing Regulation (EEC) No 337/75.  

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

The  most  recent  external  evaluation  carried  out  by  the  Commission,  finalised  in  2013, 
recommended to amend Cedefop's Founding Regulation to reflect the Agency's work on skills 
and  qualifications  as  one  of  its  tasks  and  to  integrate  more  clearly  the  work  on  policy 
reporting and common European tools and initiatives.  

• 

Stakeholder consultations 

Management  and  labour  at  EU  level  have  been  consulted  on  both  the  possible  direction  of 
Union action and the content of the envisaged proposal. Both management and labour insisted 
in  their  opinion  on  maintaining  the  tripartite  nature  of  the  Agency  and  reflecting  this  in  the 
objectives of the Agency and in the representation of all groups in its governance structures. 

The Commission has kept other relevant stakeholders informed on broad decisions concerning 
this revision exercise and consulted them when necessary.  

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• 

Collection and use of expertise 

Not applicable. 

• 

Impact assessment 

Given the limited revision of the founding act, an impact assessment was not carried out. 

• 

Regulatory fitness and simplification 

Not applicable. The proposal is not linked to REFIT. 

• 

Fundamental rights 

Not applicable. 

4. 

BUDGETARY IMPLICATIONS 

The budgetary implications in terms of human and financial resources, as presented in more 
detail in the Legislative Financial Statement, are in line with the Commission Communication 
(2013)519.  

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

In  accordance  with  the  Common  Approach,  the  proposal  includes  a  provision  on  the 
evaluation  of  the  Agency  by  the  Commission.  In  addition  to  making  this proposal,  the 
Commission  envisages  to  carry  out  a  cross-cutting  evaluation  to  assess  the  Agency's 
objectives,  mandates,  governance  and  tasks,  also  in  relation  to  other  Agencies  acting  in  the 
field of labour market, working conditions, vocational education and training and skills.  

• 

Explanatory documents (for directives) 

Not applicable.  

• 

Detailed explanation of the specific provisions of the proposal 

The revision of the Founding Regulation offers the opportunity to update Cedefop's objectives 
and  tasks,  to  reflect  the  developments  within  the  Agency  and  in  the  context  in  which  it 
operates since the adoption of the Founding Regulation. It will allow the role of Cedefop to be 
reconfirmed in supporting the Commission in shaping and implementing vocational education 
and training, skills and qualifications policies.  

Furthermore, the revision creates the opportunity to provide for anti-fraud measures, conflict 
of interest policy, evaluation and review, and the establishment of a headquarters agreement.  

The  revision  will  also  harmonise  the  provisions  on  programming  and  reporting  with  the 
requirements  set  by  the  revised  Framework  Financial  Regulation.  It  will  lead  to  modifying 
and  aligning  the  appointment  procedure  of  the  Director  (Executive  Director)  with  the 
procedure  provided  for  in  the  Common  Approach.  The  role  of  appointing  authority  will  be 
conferred  to  the  Management  Board  of  the  Agency.  The  terminology  for  the  management 
structure will be aligned with the Common Approach. Certain elements of the Founding Act 
are  not  being  reviewed  in  the  light  of  the  Common  Approach  in  the  framework  of  this 
proposal, pending further evaluation.  

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Regarding the appointment by the Council of the Management Board members representing 
the employers' and employees' organisations from each Member State, it is proposed that this 
is done on the basis of a list submitted by the EU social partners' organisations. 

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2016/0257 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

establishing a European Centre for the Development of Vocational Training (Cedefop) 
and repealing Regulation (EEC) No 337/75 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 166(4), Article 165(4) and Article 149 thereof, 

Having regard to the proposal from the European Commission; 

After transmission of the draft legislative act to the national Parliaments; 
Having regard to the opinion of the European Economic and Social Committee3; 
Having regard to the opinion of the Committee of the Regions4; 

Acting in accordance with the ordinary legislative procedure; 

Whereas: 

(1) 

(2) 

The  European  Centre  for  the  Development  of  Vocational  Training  (Cedefop)  was 
established by Regulation (EEC) No 337/75 of the Council5 to assist the Commission 
in  encouraging,  at  the  Union  level,  the  promotion  and  development  of  vocational 
training and of in-service training. 

Since  its  establishment  Cedefop  has  played  an  important  role  in  supporting  the 
development of a common vocational education and training policy. At the same time 
the concept and significance of vocational training has evolved under the influence of 
changing labour markets, technological developments, particularly in the digital area, 
and increasing labour mobility. Vocational training policies have evolved accordingly 
and encompass a variety of instruments and initiatives, some of which, namely related 
to skills and qualifications, including validation of learning, necessarily go beyond the 
traditional boundaries of vocational education and training. Therefore the character of 
Cedefop  activities  should  be  clearly  spelled  out  and  relevant  terminology  should  be 
adjusted  whilst  staying  within  the  remit  of  the  Treaty  provisions  for  vocational 
education and training. 

(3) 

The 2013 Cedefop evaluation report concluded that the Regulation (EEC) No 337/75 
should be amended to include the Agency’s work on skills as one of its tasks and to 
integrate more clearly the work on policy reporting and common European tools and 
initiatives. 

(4) 

Implementation of a vocational education and training policy will require a focus on 
the interface between education and training and the world of work, making sure that 

3 
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OJ 
OJ 
Regulation (EEC) No 337/75 of the Council of 10 February 1975 establishing a European Centre for the 
Development of Vocational Training (OJ L 039, 13.2.1975, p.1).  

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(5) 

(6) 

(7) 

(8) 

(9) 

the  knowledge,  skills  and  competences  acquired  support  employability  in  changing 
labour markets and are relevant to the needs of citizens and society. 

Council Regulation (EEC) No 337/75 has been amended several times. Since further 
amendments are to be made, it should be repealed in the interest of clarity. 

The Agency should be governed and operated in line with the principles of the Joint 
statement  of  the  European  Parliament,  the  Council  of  the  European  Union  and  the 
European  Commission  on  decentralised  agencies  of  19  July  2012  to  the  extent 
possible.  This  proposal  therefore  does  not  prejudge  any  further  amendments  to  the 
Founding  Regulation  of  Cedefop  which  the  Commission  may  wish  to  propose 
following  further  evaluation,  as  provided  for  in  this  act  or  on  its  own  initiative.  The 
Commission  will  evaluate  the  objectives,  mandate,  governance  and  tasks  of  all  EU 
Agencies  acting  in  the  field  of  labour  market,  working  conditions,  vocational 
education and training and skills.  

As the three so-called tripartite Agencies - Cedefop, the European Foundation for the 
improvement of living and working conditions (Eurofound) and the European Agency 
for  Safety  and  Health  at  Work  (EU-OSHA)  -  address  issues  related  to  the  labour 
market,  working  environment  and vocational  education  and  training  and  skills,  close 
coordination among the three Agencies is required and the ways to enhance efficiency 
and  synergies  should  be  exploited.  In  addition,  where  relevant,  the  Agency  should 
seek  to  engage  in  efficient  cooperation  with  the  European  Commission's  in-house 
research capacities. 

The  financial  provisions  and  provisions  for  programming  and  reporting  set  out  in 
Regulation  (EEC)  No  337/75  should  be  aligned  with  Commission  Delegated 
Regulation (EU) No 1271/20136.  

The  provisions  concerning  Cedefop's  staff  set  out  in  Regulation  (EEC)  No  337/75 
should  be  aligned  with  the  Staff  Regulations  of  Officials  of  the  European  Union 
(‘Staff  Regulations’)  and  the  Conditions  of  Employment  of  Other  Servants  of  the 
European Union (‘CEOS’), laid down by Council Regulation (EEC, Euratom, ECSC) 
No 259/687.  

(10)  The  Agency  should  take  the  necessary  measures  to  ensure  safe  handling  and 
processing of confidential information. Where required Cedefop should adopt security 
rules  as  set  out  in  Commission  Decision  (EU,  Euratom)  2015/4438  and  Commission 
Decision (EU, Euratom) 2015/444. 

(11) 

It  is  necessary  to  provide  for  transitional  budgetary  provisions  and  transitional 
provisions  on  the  Management  Board  and  Cedefop  staff  to  ensure  continuation  of 
activities of the Agency pending the entry into force of this Regulation. 

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Commission  Delegated  Regulation  (EU)  No 1271/2013  of  30 September  2013  on  the  framework 
financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 
of the European Parliament and of the Council (OJ L 328, 7.12.2013, p. 42). 
Council Regulation (EEC, Euratom, ECSC) No 259/68 (OJ L 56, 4.3.1968, p. 1).  
Commission Decision (EU, Euratom) 2015/443 of 13 March 2015 on Security in the Commission (OJ L 
72, 17.3.2015, p.41). 

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HAVE ADOPTED THIS REGULATION: 

CHAPTER I 

OBJECTIVE AND TASKS OF THE AGENCY 

Article 1 – Establishment and objectives of the Agency 

1. 

2. 

The European Centre for the Development of Vocational Training, (‘the Agency’) or 
'Cedefop' is hereby established as a European Union Agency. 

The  objective  of  the  Agency  shall  be  to  assist  the  Commission  in  shaping  and 
implementing vocational education and training and skills and qualifications policies. 
To  this  end  the  Agency  shall  provide  evidence  and  services  for  policy  making  and 
knowledge  sharing  amongst  and  between  Union  and  national  actors,  in  particular 
governments and social partners. 

1. 

The  Agency  shall  perform  the  following  tasks  with  respect  to  the  vocational 
education and training and skills and qualifications policies: 

Article 2 – Tasks 

(a) 

(b) 

(c) 

analyse  developments  and  provide  comparative  analyses  of  policies  and 
practices across countries; 

analyse labour market trends in relation to skills and qualifications;  

analyse  and  contribute  to  developments  related  to  the  design  and  award  of 
qualifications,  their  organisation  into  frameworks,  and  their  function  in  the 
labour market with a view to enhance their transparency and recognition; 

(d) 

analyse and contribute to developments in the field of validation of non-formal 
and informal learning;  

(e)  undertake  or  commission  studies  and  carry  out  research  on  relevant  socio-

economic developments and related policy issues; 

(f) 

provide  forums  for  exchange  of  experiences  and  information  between 
governments,  social  partners  and  stakeholders  at  national  level,  and  support 
implementation of reforms, and policies at national level; 

(g)  disseminate  information  as  a  contribution  to  policies  and  to  raise  awareness 
and  understanding  of  the  potential  of  vocational  education  and  training  in 
promoting  and  supporting  the  employability  of  people,  productivity  in 
companies and lifelong learning; 

(h)  manage and make available tools, datasets and services for skills, occupations 
and  qualifications  to  citizens,  companies,  policy  makers,  social  partners  and 
other stakeholders.  

In  its  activities  the  Agency  shall  take  into  account  the  links  which  exist  between 
vocational education and training and the other sectors of education and training.  

In carrying out its tasks, the Agency shall maintain a close dialogue particularly with 
specialised  bodies,  whether  public  or  private,  national  or  international,  public 
authorities  and  educational 
institutions  and  with  workers'  and  employers’ 
organisations.  The  Agency,  without  prejudice  to  its  own  aims,  shall  ensure 

2. 

3. 

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cooperation  with  other  European  Union  Agencies  aimed  at  avoiding  overlaps  and 
promoting  synergy  and  complementarity  in  their  activities,  in  particular  with  the 
European Training Foundation, Eurofound and EU-OSHA. 

CHAPTER II 

ORGANISATION OF THE AGENCY 

Article 3 – Administrative and management structure 

The Agency's administrative and management structure shall comprise: 

(a) 

(b) 

(c) 

a Management Board, which shall exercise the functions set out in Article 5; 

an Executive Board which shall exercise the functions set out in Article 10; 

an Executive Director who shall exercise the responsibilities set out in Article 
11. 

SECTION 1 

MANAGEMENT BOARD 

Article 4 – Composition of the Management Board 

1. 

The Management Board shall be composed of: 

(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;  

All members referred to in points (a)-(d) shall have voting rights. 

The members referred to in points (a), (b) and (c) shall be appointed by the Council 
on  the  basis  of  lists  of  candidates  submitted  by  the  Member  States,  the  European 
employers’  and  employees’  organisations  respectively.  The  Commission  shall 
appoint the members who are to represent it.  

Each member of the Management Board shall have an alternate. The alternate shall 
represent the member in his/her absence. The alternates shall be appointed following 
the procedure as provided for in the first paragraph. 

Members of the Management Board and their alternates shall be appointed in light of 
their  knowledge  in  the  field  of  vocational  education  and  training,  skills  and 
qualifications, taking into account relevant managerial, administrative and budgetary 
skills.  All  parties  represented  in  the  Management  Board  shall  make  efforts  to  limit 
turnover  of  their  representatives,  in  order  to  ensure  continuity  of  the  board's  work. 
All parties shall aim to achieve a balanced representation between men and women 
on the Management Board. 

2. 

3. 

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4. 

5. 

The  term  of  office  for  members  and  their  alternates  shall  be  four  years.  That  term 
shall be extendable. 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.  

Within  the  Management  Board,  the  representatives  of  governments,  employers' 
organisations and employees' organisations shall each form a group. Each group shall 
designate a coordinator in order to enhance the efficiency of deliberations within and 
between the groups. The coordinators of the employers' and employees' groups shall 
be representatives of their respective organisations at European level and do not need 
to  be  designated  from  among  the  appointed  Board  members.  Coordinators  who  are 
not appointed Board members within the meaning of paragraph 1 shall take part in 
Management Board meetings without the right to vote. 

Article 5 – Functions of the Management Board 

1. 

The Management Board shall: 

(a)  give  general  orientation  for  the  Agency's  activities  and  adopt  each  year  the 
Agency's  programming  document  by  a  majority  of  two-thirds  of  members 
entitled to vote and in accordance with Article 6; 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

adopt,  by  a  majority  of  two-thirds  of  members  entitled  to  vote,  the  annual 
budget  of the  Agency and exercise other functions in respect of the Agency's 
budget pursuant to Chapter III; 

adopt  the  consolidated  annual  activity  report  together  with  its  assessment  on 
the  Agency's  activities  and  send  these  by  1  July  each  year  to  the  European 
Parliament, the Council, the Commission and the European Court of Auditors. 
The consolidated annual activity report shall be made public; 

adopt  the  financial  rules  applicable  to  the  Agency  in  accordance  with  Article 
16; 

adopt an anti-fraud strategy, proportionate to fraud risks taking into account the 
costs and benefits of the measures to be implemented; 

adopt  rules  for  the  prevention  and  management  of  conflicts  of  interest  in 
respect of its members; 

adopt and regularly update the communication and dissemination plans  based 
on an analysis of needs;  

(h) 

adopt its rules of procedure;  

(i) 

(j) 

in  accordance  with  paragraph  2,  exercise,  with  respect  to  the  staff  of  the 
Agency,  the  powers  conferred  by  the  Staff  Regulations  on  the  Appointing 
Authority  and  by  the  Conditions  of  Employment  of  Other  Servants  on  the 
Authority Empowered to Conclude a Contract of Employment ("the appointing 
authority powers"); 

adopt appropriate implementing rules for giving effect to the Staff Regulations 
and  the  Conditions  of  Employment  of  Other  Servants  in  accordance  with 
Article 110 of the Staff Regulations; 

(k) 

appoint the Executive Director and where relevant extend the term of office or 
remove the Executive Director from office in accordance with Article 18; 

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(l) 

appoint  an  Accounting  Officer,  subject  to  the  Staff  Regulations  and  the 
Conditions of Employment of other servants, who shall be totally independent 
in the performance of his/her duties;  

(m)  monitor adequate follow-up to findings and recommendations stemming from 
the  internal  or  external  audit  reports  and  evaluations,  as  well  as  from 
investigations of the European Anti-fraud Office (OLAF); 

(n) 

take all decisions on the establishment of the Agency's internal structures and, 
where  necessary,  their  modification,  taking  into  consideration  the  Agency's 
activity needs as well as having regard to sound budgetary management; 

(o) 

authorise  the  establishment  of  working  arrangements  in  accordance  with 
Article 29 (1). 

The  Management  Board  shall  adopt,  in  accordance  with  Article  110  of  the  Staff 
Regulations, a decision based on Article 2(1) of the Staff Regulations and on Article 
6 of the Conditions of Employment of Other Servants, delegating relevant appointing 
authority powers to the Executive Director and defining the conditions under which 
this  delegation  of  powers  can  be  suspended.  The  Executive  Director  shall  be 
authorised to sub-delegate those powers. 

Where exceptional circumstances so require, the Management Board may by way of 
a decision temporarily suspend the delegation of the appointing authority powers to 
the Executive Director and those sub-delegated by the latter and exercise them itself 
or delegate them to one of its members or to a staff member other than the Executive 
Director.  

Article 6 – Annual and multi-annual programming 

Each  year,  the  Executive  Director  shall,  in  line  with  Article  11(5)  c,  draw  up  a 
programming document containing multiannual and annual programming in line with 
Article 32 of the Commission delegated Regulation (EU) No 1271/2013 9 and taking 
into account guidelines set by the Commission. 

By  30  November  each  year,  the  Management  Board  shall  adopt  the  programming 
document referred to in paragraph 1 and shall forward it to the European Parliament, 
the Council and the Commission no later than 31 January as well as any later updated 
version of that document. 

The  programming  document  shall  become  definitive  after  final  adoption  of  the 
general budget of the Union and if necessary shall be adjusted accordingly. 

The annual work programme shall comprise detailed objectives and expected results 
including performance indicators. It shall also contain a description of the actions to 
be financed and an indication of the financial and human resources allocated to each 
the  principles  of  activity-based  budgeting  and 
action, 
management.  The  annual  work  programme  shall  be  coherent  with  the  multi-annual 
work programme referred to in paragraph 4. It shall clearly indicate tasks that have 
been added, changed or deleted in comparison with the previous financial year.  

in  accordance  with 

Commission  Delegated  Regulation  (EU)  No 1271/2013  of  30 September  2013  on  the  framework 
financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 
of the European Parliament and of the Council (OJ L 328, 7.12.2013, p. 42).  

2. 

1. 

2. 

3. 

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4. 

5. 

1. 

2. 

1. 

2. 

3. 

4. 

5. 

1. 

2. 

The  Management  Board  shall  amend  the  adopted  annual  work  programme  when  a 
new task is given to the Agency. The Management Board may delegate the power to 
make  non-substantial  amendments  to  the  annual  work  programme  to  the  Executive 
Director.  Any  substantial  amendment  to  the  annual  work  programme  shall  be 
adopted by the same procedure as the initial annual work programme. 

The  multi-annual  work  programme  shall  set  out  overall  strategic  programming 
including objectives, expected results and performance indicators. It shall also set out 
resource  programming  including  multi-annual  budget  and  staff.  It  shall  include  a 
strategy for relations with third countries and international organisations referred to 
in  Article  29,  the  actions  linked  to  this  strategy,  and  a  specification  of  associated 
resources. 

The  resource  programming  shall  be  updated  annually.  The  strategic  programming 
shall be updated where appropriate, and in particular to address the outcome of the 
evaluation referred to in Article 27. 

Article 7 – Chairperson of the Management Board 

The Management Board shall elect a Chairperson and three Deputy Chairpersons as 
follows  –  one  from  amongst  the  members  representing  Member  States,  one  from 
amongst the members representing employers' organisations, one from amongst the 
members representing employees' organisations and one from amongst the members 
representing the Commission. The Chairperson and the Deputy Chairpersons shall be 
elected  by  a  majority  of  two-thirds  of  members  of  the  Management  Board  with 
voting rights. 

The  term  of  office  of  the  Chairperson  and  the  Deputy  Chairpersons  shall  be  two 
years. Their term of office may be renewed once. If, however, their membership of 
the  Management  Board  ends  at  any  time  during  their  term  of  office,  their  term  of 
office shall automatically expire on that date.  

Article 8 – Meetings of the Management Board 

The Chairperson shall convene meetings of the Management Board.  

The Executive Director of the Agency shall take part in the deliberations, without the 
right to vote. 

The Management Board shall hold one ordinary meeting a year. In addition, it shall 
meet on the initiative of its Chairperson, at the request of the Commission or at the 
request of at least one-third of its members. 

The Management Board may invite any person whose opinion may be of interest to 
attend its meetings as an observer. 

The Agency shall provide the secretariat for the Management Board. 

Article 9 – Voting rules of the Management Board 

Without  prejudice  to  Articles  5(1)(a)  and  (b)  and  Article  18(7),  the  Management 
Board shall take decisions by majority of members with voting rights.  

Each  member  with  voting  rights  shall  have  one  vote.  In  the  absence  of  a  member 
with  the  right  to  vote,  his/her  alternate  shall  be  entitled  to  exercise  his/her  right  to 
vote. 

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3. 

4. 

5. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

The Chairperson shall take part in the voting. 

The Executive Director shall take part in the deliberations, without the right to vote.  

The  Management  Board's  rules  of  procedure  shall  establish  more  detailed  voting 
arrangements, in particular the circumstances in which a member may act on behalf 
of another member. 

SECTION 2 

EXECUTIVE BOARD 

Article 10 – Executive Board 

The Management Board shall be assisted by an Executive Board.  

The Executive Board shall: 

(a)  prepare decisions to be adopted by the Management Board.  

(b)  monitor,  together  with  the  Management  Board,  adequate  follow-up  to  the 
findings  and  recommendations  stemming  from  the  internal  or  external  audit 
reports  and  evaluations,  as  well  as  from  investigations  of  the  European  Anti-
fraud Office (OLAF); 

(c)  without prejudice to the responsibilities of the Executive Director, as set out in 
Article 11, assist and advise him/her in the implementation of the decisions of 
the  Management  Board,  with  a  view 
to  reinforcing  supervision  of 
administrative and budgetary management.  

Where  necessary,  because  of  urgency,  the  Executive  Board  may  take  certain 
provisional  decisions  on  behalf  of  the  Management  Board,  in  particular  on 
administrative management matters, including the suspension of the delegation of the 
appointing authority powers and budgetary matters 

The  Executive  Board  shall  be  composed  of  the  Chairperson  of  the  Management 
Board, the three Deputy Chairpersons, the coordinators of the three groups referred 
to in Article 4(5) and one representative of the Commission. Each group referred to 
in  Article  4(5)  may  designate  up  to  two  alternates  to  attend  the  meetings  of  the 
Executive  Board,  in  the  absence  of  the  full  members.  The  Chairperson  of  the 
Management  Board  shall  also  be  the  Chairperson  of  the  Executive  Board.  The 
Executive Director shall take part in the meetings of the Executive Board, but shall 
not have the right to vote.  

The term of office of members of the Executive Board shall be two years. That term 
shall be extendable. The term of office of members of the Executive Board shall end 
when their membership of the Management Board ends. 

The Executive Board shall meet three times a year. In addition, it shall meet on the 
initiative of its Chairperson or at the request of its members. 

The  Management  Board  shall  lay  down  the  rules  of  procedure  of  the  Executive 
Board. 

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1. 

2. 

3. 

4. 

5. 

SECTION 3 

EXECUTIVE DIRECTOR 

Article 11 – Responsibilities of the Executive Director 

The  Executive  Director  shall  manage  the  Agency.  The  Executive  Director  shall  be 
accountable to the Management Board. 

Without prejudice to the powers of the Commission, the Management Board, and the 
Executive Board, the Executive Director shall be independent in the performance of 
the duties and shall neither seek nor take instructions from any government nor from 
any other body. 

The Executive Director shall report to the European Parliament on the performance 
of  his/her  duties  when  invited  to  do  so.  The  Council  may  invite  the  Executive 
Director to report on the performance of his/her duties. 

The Executive Director shall be the legal representative of the Agency. 

The  Executive  Director  shall  be  responsible  for  the  implementation  of  the  tasks 
assigned to the Agency by this Regulation. In particular, the Executive Director shall 
be responsible for: 

(a) 

(b) 

the day-to-day administration of the Agency; 

implementing decisions adopted by the Management Board; 

(c)  preparing  the  programming  document  and  submitting  it  to  the  Management 

Board after consulting the Commission; 

(d) 

implementing  the  programming  document  and  reporting  to  the  Management 
Board on its implementation;  

(e)  preparing  the  consolidated  annual  report  on  the  Agency's  activities  and 

presenting it to the Management Board for assessment and adoption; 

(f) 

preparing an action plan following-up conclusions of internal or external audit 
reports  and  evaluations,  as  well  as  investigations  by  the  European  Anti-fraud 
Office (OLAF) and reporting on progress twice a year to the Commission and 
regularly to the Management Board and the Executive Board; 

(g)  protecting the financial interests of the Union by applying preventive measures 
against  fraud,  corruption  and  any  other  illegal  activities,  by  effective  checks 
and,  if  irregularities  are  detected,  by  recovering  amounts  wrongly  paid  and, 
where  appropriate,  by  imposing  effective,  proportionate  and  dissuasive 
administrative and financial penalties; 

(h)  preparing  an  anti-fraud  strategy  for  the  Agency  and  presenting  it  to  the 

(i) 

(j) 

Management Board for approval; 

preparing draft financial rules applicable to the Agency; 

preparing the Agency's draft statement of estimates of revenue and expenditure 
and implementing its budget. 

6. 

The Executive Director shall also be responsible for deciding whether it is necessary 
for  the  purpose  of  carrying  out  the  Agency's  tasks  in  an  efficient  and  effective 
manner  to  establish  one  or  more  local  offices  in  one  or  more  Member  States.  That 

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decision requires the prior consent of the Commission, the Management Board and 
the  Member  State  where  the  local  office  is  to  be  established.  That  decision  shall 
specify  the  scope  of  the  activities  to  be  carried  out  at  that  local  office  in  a  manner 
that  avoids  unnecessary  costs  and  duplication  of  administrative  functions  of  the 
Agency. 

CHAPTER III 

FINANCIAL PROVISIONS 

Article 12 – Budget 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

Estimates  of  all  revenue  and  expenditure  for  the  Agency  shall  be  prepared  each 
financial  year,  corresponding  to  the  calendar  year,  and  shall  be  shown  in  the 
Agency's budget. 

The Agency's budget shall be balanced in terms of revenue and of expenditure. 

Without prejudice to other resources, the Agency's revenue shall comprise: 

(a) 

(b) 

(c) 

(d) 

a contribution from the Union entered in the general budget of the Union; 

any voluntary financial contribution from the Member States; 

charges for publications and any service provided by the Agency; 

any contribution from third countries participating in the work of the Agency, 
as provided for by Article 29. 

The expenditure of the Agency shall include staff remuneration, administrative and 
infrastructure expenses and operational expenditure. 

Article 13 – Establishment of the budget 

Each  year,  the  Executive  Director  shall  draw  up  a  provisional  draft  estimate  of  the 
Agency's  revenue  and  expenditure  for  the  following  financial  year,  including  the 
establishment plan, and send it to the Management Board. 

The  Management  Board  shall,  on  the  basis  of  that  provisional  draft,  adopt  a  draft 
estimate of the Agency's revenue and expenditure for the following financial year. 

The  draft  estimate  of  the  Agency's  revenue  and  expenditure  shall  be  sent  to  the 
Commission by 31 January each year.  

The  Commission  shall  send  the  draft  estimates  to  the  budgetary  authority  together 
with the draft general budget of the Union. 

On the basis of the draft estimates,  the Commission shall enter  in the draft general 
budget  of the Union the estimates  it considers necessary for the establishment  plan 
and the amount of the contribution to be charged to the general budget, which it shall 
place before the budgetary authority in accordance with Articles 313 and 314 of the 
Treaty. 

The budgetary authority shall authorise the appropriations for the contribution to the 
Agency. 

The budgetary authority shall adopt the Agency's establishment plan. 

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8. 

9. 

1. 

2. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

The  Agency's  budget  shall  be  adopted  by  the  Management  Board.  It  shall  become 
final following final adoption of the general budget of the Union. Where necessary, it 
shall be adjusted accordingly. 

For any building project likely to have significant implications for the budget of the 
Agency the provisions of Delegated Regulation (EU) No 1271/2013 shall apply. 

Article 14– Implementation of the budget 

The Executive Director shall implement the Agency's budget. 

Each  year  the  Executive  Director  shall  send  to  the  budgetary  authority  all 
information relevant to the findings of evaluation procedures. 

Article 15 – Presentation of accounts and discharge 

By  1  March  of  the  following  financial  year,  the  Agency's  accounting  officer  shall 
send  the  provisional  accounts  to  the  Commission's  Accounting  Officer  and  to  the 
European Court of Auditors  

By 31 March of the following financial year, the Agency shall send the report on the 
budgetary  and  financial  management  to  the  European  Parliament,  the  Council  and 
the European Court of Auditors. 

By  31  March  of  the  following  financial  year,  the  Commission's  accounting  officer 
shall  send  the  Agency's  provisional  accounts,  consolidated  with  the  Commission's 
accounts, to the European Court of Auditors. 

On  receipt  of  the  European  Court  of  Auditors'  observations  on  the  Agency's 
provisional  accounts  pursuant  to  Article  148  of  the  Financial  Regulation,  the 
Executive  Director  shall  draw  up  the  Agency's  final  accounts  under  his/her  own 
responsibility and submit them to the Management Board for an opinion. 

The Management Board shall deliver an opinion on the Agency's final accounts. 

The accounting officer shall, by 1 July following each financial year, send the final 
accounts to the European Parliament, the Council, the Commission and the Court of 
Auditors, together with the Management Board's opinion. 

The final accounts shall be published in the Official Journal of the European Union 
by 15 November of the following year. 

The  Executive  Director  shall  send  the  European  Court  of  Auditors  a  reply  to  its 
observations by 30 September. The Executive Director shall also  send this  reply to 
the Management Board. 

The  Executive  Director  shall  submit  to  the  European  Parliament,  at  the  latter's 
request,  any  information  required  for  the  smooth  application  of  the  discharge 
procedure for the financial year in question, in accordance with Article 165(3) of the 
Financial Regulation. 

On a recommendation from the Council acting by a qualified majority, the European 
Parliament  shall,  before  15  May  of  year  N  +  2,  give  a  discharge  to  the  Executive 
Director in respect of the implementation of the budget for year N. 

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Article 16 – Financial rules 

The financial rules applicable to the Agency shall be adopted by the Management Board after 
consulting  the  Commission.  They  shall  not  depart  from  Regulation  (EU)  1271/2013  unless 
such a departure is specifically required for the Agency's operation and the Commission has 
given its prior consent. 

CHAPTER IV 

STAFF 

Article 17 – General provisions 

1. 

2. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

The Staff Regulations and the Conditions of Employment of Other Servants and the 
rules adopted by agreement between the institutions of the Union for giving effect to 
those  Staff  Regulations  and  the  Conditions  of  Employment  of  Other  Servants  shall 
apply to the staff of the Agency. 

The Management Board shall adopt appropriate implementing rules for giving effect 
to  the  Staff  Regulations  and  the  Conditions  of  Employment  of  Other  Servants  in 
accordance with Article 110 of the Staff Regulations. 

Article 18 – Executive Director 

The  Executive  Director  shall  be  a  member  of  staff  and  shall  be  engaged  as  a 
temporary agent of the Agency under Article 2(a) of the Conditions of Employment 
of Other servants. 

The Executive Director shall be appointed by the Management Board, from a list of 
candidates proposed by the Commission, following an open and transparent selection 
procedure.  

For the purpose of concluding the contract with the Executive Director, the Agency 
shall be represented by the Chairperson of the Management Board.  

The  term  of  office  of  the  Executive  Director  shall  be  five  years.  Before  the  end  of 
that period, the Commission shall undertake an assessment that takes into account an 
evaluation of the Executive Director's performance and the Agency's future tasks and 
challenges. 

The Management Board, acting on a proposal from the Commission that takes into 
account the assessment referred to in paragraph 3, may extend the term of office of 
the Executive Director once, for no more than five years.  

An Executive Director whose term of office has been extended may not participate in 
another selection procedure for the same post at the end of the overall period.  

The  Executive  Director  may  be  removed  from  office  only  upon  a  decision  of  the 
Management Board acting on a proposal from the Commission. 

The Management Board shall reach decisions on appointment, extension of the term 
of  office  or  removal  from  office  of  the  Executive  Director  on  the  basis  of  a  two-
thirds majority of its members with voting rights. 

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1. 

2. 

1. 

2. 

3. 

4. 

Article 19– Seconded national experts and other staff 

The Agency may make use of Seconded national experts or other staff not employed 
by the Agency.  

The Management Board shall adopt a decision laying down rules on the secondment 
of national experts to the Agency.  

CHAPTER V 

GENERAL PROVISIONS 

Article 20 – Legal status 

The Agency shall be a body of the Union. It shall have legal personality. 

In  each  of  the  Member  States  the  Agency  shall  enjoy  the  most  extensive  legal 
capacity accorded to legal persons under their laws. It may, in particular, acquire and 
dispose of movable and immovable property and be party to legal proceedings. 

The seat of the Agency shall be Thessaloniki, Greece. 

The  Agency  may  establish  local  offices  in  one  or  more  Member  States,  subject  to 
their consent and in accordance with Article 11(6). 

Article 21 – Privileges and immunities 

The  Protocol  on  the  Privileges  and  Immunities  of  the  European  Union  shall  apply  to  the 
Agency and its staff. 

1. 

2. 

3. 

1. 

2. 

3. 

10 

Article 22 – Language arrangements 

The provisions laid down in Regulation No 1 shall apply to the Agency. 

The Management Board can decide on the languages to be used by the Agency in its 
internal functioning. 

The translation services required for the functioning of the Agency shall be provided 
by the Translation Centre of the bodies of the European Union. 

Article 23 – Transparency 

Regulation  (EC)  No  1049/2001  of  the  European  Parliament  and  of  the  Council10 
shall apply to documents held by the Agency. 

The  Management  Board  shall,  within  six  months  of  the  date  of  its  first  meeting, 
adopt the detailed rules for applying Regulation (EC) No 1049/2001. 

The processing of personal data by the Agency shall be subject to Regulation (EC) 
No 45/2001. The Management Board shall, within six months of the date of its first 
meeting,  establish  measures  for  the  application  of  Regulation  (EC)  No  45/2001  by 
the Agency, including those concerning the appointment of a Data Protection Officer 

Regulation  (EC)  No  1049/2001  of  the  European  Parliament  and  of  the  Council  of  30  May  2001 
regarding  public  access  to  European  Parliament,  Council  and  Commission  documents  (OJ  L  145, 
31.5.2001, p. 43). 

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1. 

2. 

3. 

4. 

of  the  Agency.  Those  measures  shall  be  established  after  consultation  of  the 
European Data Protection Supervisor. 

Article 24 – Combating fraud 

In order to facilitate combating fraud, corruption and other unlawful activities under 
Regulation  (EC)  No  1073/1999  of  the  European  Parliament  and  of  the  Council11 
within six months from the date of application of this Regulation, it shall accede to 
the  Interinstitutional  Agreement  of  25  May  1999  concerning  internal  investigations 
by  the  European  Anti-fraud  Office  (OLAF)  and  adopt  appropriate  provisions 
applicable to all employees of the Agency using the template set out in the Annex to 
that Agreement. 

The  European  Court  of  Auditors  shall  have  the  power  of  audit,  on  the  basis  of 
documents  and  on 
the  spot,  over  all  grant  beneficiaries,  contractors  and 
subcontractors who have received Union funds from the Agency. 

OLAF  may  carry  out  investigations,  including  on-the-spot  checks  and  inspections 
with  a  view  to  establishing  whether  there  has  been  fraud,  corruption  or  any  other 
illegal  activity  affecting  the  financial  interests  of  the  Union  in  connection  with  a 
grant  or  a  contract  funded  by  the  Agency,  in  accordance  with  the  provisions  and 
procedures  laid  down  in  Regulation  (EC)  No  1073/1999  and  Regulation  (Euratom, 
EC) No 2185/96. 

Without  prejudice  to  paragraphs  1,  2  and  3,  cooperation  agreements  with  third 
countries  and  international  organisations,  contracts,  grant  agreements  and  grant 
decisions of the Agency shall contain provisions expressly empowering the European 
Court of Auditors and OLAF to conduct such audits and investigations, according to 
their respective competences. 

Article 25 – Security rules on the protection of classified and sensitive non-classified 
information 

The Agency shall adopt own security rules equivalent to the Commission's security rules for 
protecting  European  Union  Classified  Information  (EUCI)  and  sensitive  non-classified 
information,  as  set  out  in  the  Commission  Decisions  (EU,  Euratom)  2015/44312  and 
2015/44413, when required. The security rules of the Agency shall cover, inter alia and where 
appropriate, provisions for the exchange, processing and storage of such information. 

1. 

2. 

11 

12 

13 

Article 26 – Liability 

The  Agency's  contractual  liability  shall  be  governed  by  the  law  applicable  to  the 
contract in question. 

The Court of Justice of the European Union shall have jurisdiction to give judgment 
pursuant to any arbitration clause contained in a contract concluded by the Agency. 

Regulation  (EC)  No  1073/1999  of  the  European  Parliament  and  of  the  Council  of  25  May  1999 
concerning investigations conducted by the European Anti-Fraud Office (OLAF) (OJ L 136, 31.5.1999, 
p.1). 
Commission Decision (EU, Euratom) 2015/443 of 13 March 2015 on Security in the Commission (OJ L 
72, 17.3.2015, p. 41). 
Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting 
EU classified information (OJ L 72, 17.3.2015, p. 53). 

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3. 

4. 

5. 

1. 

2. 

3. 

In  the  case  of  non-contractual  liability,  the  Agency  shall,  in  accordance  with  the 
general  principles  common  to  the  laws  of  the  Member  States,  make  good  any 
damage caused by its departments or by its staff in the performance of their duties. 

The Court of Justice of the European Union shall have jurisdiction in disputes over 
compensation for damages referred to in paragraph 3. 

The  personal  liability  of  its  staff  towards  the  Agency  shall  be  governed  by  the 
provisions  laid  down  in  the  Staff  Regulations  or  Conditions  of  Employment 
applicable to them. 

Article 27– Evaluation 

No  later  than  5  years  after  the  date  referred  to  in  Article  36,  and  every  5  years 
thereafter,  the  Commission  shall  perform  an  evaluation  in  compliance  with  the 
Commission  guidelines  to  assess  the  Agency's  performance  in  relation  to  its 
objectives,  mandate  and  tasks.  The  evaluation  shall,  in  particular,  address  the 
possible need to modify the mandate of the Agency, and the financial implications of 
any such modification. 

Where  the  Commission  considers  that  the  continuation  of  the  Agency  is  no  longer 
justified  with  regard  to  its  assigned  objectives,  mandate  and  tasks,  it  may  propose 
that this Regulation be amended accordingly or repealed 

The  Commission  shall  report  to  the  European  Parliament,  the  Council  and  the 
Management Board the evaluation findings. The findings of the evaluation shall be 
made public. 

Article 28 – Administrative inquiries 

The activities of the Agency shall be subject to the inquiries of the European Ombudsman in 
accordance with Article 228 of the Treaty. 

Article 29 – Cooperation with third countries and international organisations 

1. 

In so far as is necessary in order to achieve the objectives set out in this Regulation, 
and  without  prejudice  to  the  respective  competences  of  the  Member  States  and  the 
institutions of the Union, the Agency may cooperate with the competent authorities 
of third countries and/or with international organisations.  

To this end, the Agency may, subject to prior approval by the Commission, establish 
working  arrangements  with  the  authorities  of  third  countries  and  international 
organisations. These arrangements shall not create legal obligations incumbent on the 
Union and its Member States.  

2. 

The  Agency  shall  be  open  to  the  participation  of  third  countries  that  have  entered 
into agreements with the Union to this effect.  

Under  the  relevant  provisions  of  the  agreements  referred  to  in  paragraph  1, 
arrangements  shall  be  developed  specifying,  in  particular,  the  nature,  extent  and 
manner  in  which  the  third  countries  concerned  will  participate  in  the  work  of  the 
Agency, including provisions relating to participation in the initiatives undertaken by 
the  Agency,  financial  contributions  and  staff.  As  regards  staff  matters,  those 
arrangements shall, in any event, comply with the Staff Regulations.  

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3. 

1. 

2. 

1. 

2. 

The  Management  Board  shall  adopt  a  strategy  for  relations  with  third  countries  or 
international organisations concerning matters for which the Agency is competent.  

Article 30 – Headquarters Agreement and operating conditions  

The  necessary  arrangements  concerning  the  accommodation  to  be  provided  for  the 
Agency  in  the  host  Member  State  and  the  facilities  to  be  made  available  by  that 
Member State together with the specific rules applicable in the host Member State to 
the  Executive  Director,  members  of  the  Management  Board,  Agency  staff  and 
members of their families shall be laid down in a Headquarters Agreement between 
the Agency and Member State where the seat is located.  

The Agency’s host Member State shall provide the best possible conditions to ensure 
the functioning of the Agency, including multilingual, European-oriented schooling 
and appropriate transport connections. 

CHAPTER VI 

TRANSITIONAL PROVISIONS 

Article 31 - Transitional provisions concerning the Management Board 

The term of office of the members of the Governing Board of Cedefop as established 
on the basis of Article 4 of Regulation (EEC) 337/75 shall terminate on … [date of 
entry into force of this Regulation].  

The  Governing  Board  established  on  the  basis  of  Article  4  of  Regulation  (EEC) 
337/75 shall within the period between …[date of entry into force of this Regulation] 
and  …  [date  of  application  of  this  Regulation]  exercise  the  functions  of  the 
Management Board as referred to in Article 5 of this Regulation. 

Article 32 - Transitional provisions concerning the staff 

The Director of the Agency appointed on the basis of Article 6 of Regulation (EEC) 337/75 
shall, for the remaining periods of his/her term of office, be assigned to the responsibilities of 
the Executive Director as provided for in Article 11 of this Regulation. The other conditions 
of his contract shall remain unchanged.  

Article 33 -Transitional budgetary provisions 

The  discharge  procedure  in  respect  of  the  budgets  approved  on  the  basis  of  Article  11  of 
Regulation (EEC) 337/75 shall be carried out in accordance with the rules established by the 
Regulation (EEC) 337/75. 

CHAPTER VII 

FINAL PROVISIONS 

Article 34 – Repeal 

Regulations (EEC) No 337/75 is repealed as from [date of application of this Regulation] and 
all references to the repealed Regulation shall be construed as references to this Regulation. 

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Article 35 - Maintenance in force of the internal rules adopted by the Governing Board 

Internal rules adopted by the Governing Board on the basis of Regulation (EEC) 337/75 shall 
remain in force after [date of application of this Regulation], unless otherwise decided by the 
Management Board in the application of this Regulation. 

Article 36– Entry into force 

1. 

2. 

3. 

4. 

This  Regulation  shall  enter  into  force  on  the  twentieth  day  following  that  of  its 
publication in the Official Journal of the European Union. 

It shall apply from [date of application]. 

However,  Articles  31,  32,  33  shall  apply  from  [the  date  of  entry  into  force  of  this 
Regulation]. 

This Regulation shall be binding in its entirety and directly applicable in the Member 
States in accordance with the Treaties. 

Done at Brussels, 

For the European Parliament 

The President 

For the Council 
The President 

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LEGISLATIVE FINANCIAL STATEMENT 

1. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE  

1.1.  Title of the proposal/initiative  

1.2.  Policy area(s) concerned in the ABM/ABB structure 

1.3.  Nature of the proposal/initiative  

1.4.  Objective(s)  

1.5.  Grounds for the proposal/initiative  

1.6.  Duration and financial impact  

1.7.  Management mode(s) planned  

2. 

MANAGEMENT MEASURES  

2.1.  Monitoring and reporting rules  

2.2.  Management and control system  

2.3.  Measures to prevent fraud and irregularities  

3. 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE  

3.1.  Heading(s)  of  the  multiannual  financial  framework  and  expenditure  budget 
line(s) affected  

3.2.  Estimated impact on expenditure  

3.2.1. Summary of estimated impact on expenditure  

3.2.2. Estimated impact on Cedefop's human resources 

3.2.3. Compatibility with the current multiannual financial framework 

3.2.4. Third-party contributions  

3.3.  Estimated impact on revenue 

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LEGISLATIVE FINANCIAL STATEMENT 

1. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE  

1.1. 

Title of the proposal/initiative  

Proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  establishing  the 
European Centre for the Development of Vocational Training (Cedefop)  
Policy area(s) concerned in the ABM/ABB structure14  

1.2. 

04: Employment, social affairs and inclusion 

04 03: Employment, social affairs and inclusion 

04 03 13: European Centre for the Development of Vocational Training (Cedefop) 

1.3. 

Nature of the proposal/initiative  

 The proposal/initiative relates to a new action  

  The  proposal/initiative  relates  to  a  new  action  following  a  pilot  project/preparatory 
action15  

 The proposal/initiative relates to the extension of an existing action  

 The proposal/initiative relates to an action redirected towards a new action  

1.4. 

Objective(s) 

1.4.1.  The Commission's multiannual strategic objective(s) targeted by the proposal/initiative  

Objectives/EU  added  value  in  line  with  Europe  2020  Strategy,  the  ET  2020  Strategic 
framework for European cooperation in education and training, as updated by the 2015 Joint 
Report adopted by Council and Commission in November 2015,Riga Conclusions from June 
2015 and the newly adopted New Skills Agenda for Europe16: 

-  Promote  work-based  learning  in  all  its  forms,  with  special  attention  to  apprenticeships,  by 
involving social partners, companies, chambers and VET providers, as well as by stimulating 
innovation and entrepreneurship; 

-  Further  develop  quality  assurance  mechanisms  in  VET  in  line  with  the  EQAVET 
recommendation  and,  as  part  of  quality  assurance  systems,  establish  continuous  information 
and feedback loops in I-VET and C-VET systems based on learning outcomes;  

-  Enhance  access  to  VET  and  qualifications  for  all  through  more  flexible  and  permeable 
systems, notably by offering efficient and integrated guidance services and making available 
validation of non-formal and informal learning; 

-  Further  strengthen  key  competences  in  VET  curricula  and  provide  more  effective 
opportunities to acquire or develop those skills through I-VET and C-VET;  

- Introduce systematic approaches to, and opportunities for, initial and continuous professional 
development of VET teachers, trainers and mentors in both school and work based settings;  

14 
15 
16 

ABM: activity-based management; ABB: activity-based budgeting. 
As referred to in Article 54(2)(a) or (b) of the Financial Regulation. 
Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the  European  Economic  and 
Social Committee and the Committee of the Regions  COM(2016) 381/2 

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24 

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- Facilitate learning mobility; 

- Strengthen and simplify EU transparency and recognition tools;  

- Improve skills intelligence and address skills shortages in specific economic sectors, including by 
strengthening  the  anticipation  of  skills  needs  for  the  labour  market  taking  into  account 
technological developments. 

1.4.2. 

Specific objective(s) and ABM/ABB activity(ies) concerned  

Specific objective No 

The Centre shall assist the Commission in shaping and implementing vocational education and 
training and skills and qualifications policies.  

ABM/ABB activity(ies) concerned 

04  03  13  -  European  Centre  for  the  Development  of  Vocational  Training  (Cedefop)  – 
Contribution under Titles 1, 2 and 3. 

1.4.3.  Expected result(s) and impact 

Specify the effects which the proposal/initiative should have on the beneficiaries/groups targeted. 

The revision of the Founding Regulation aims: 

– 

– 

To  adapt  the  Founding  Regulation  of  Cedefop  to  the  provisions  of  the  Common 
Approach on Decentralised Agencies. 

To adapt the mandate and tasks of the Agency to current policy priorities and strategies, 
taking into account recent policy developments in the field of vocational education and 
training,  skills  and  qualifications  as  well  as  societal,  institutional  and  economic 
developments occurred in the EU since the creation of the Centre in 1975. 

The Cedefop's mission set out in the 1975 Foundig Regulation is: 

The aim of the centre shall be to assist the Commission in encouraging, at Community level, 
the promotion and development of vocational training and of in-service training.  

To  that  end,  within  the  framework  of  the  guidelines  laid  down  by  the  Community,  it  shall 
contribute, through its scientific and technical activities, to the implementation of a common 
vocational training policy.  

It  shall,  in  particular,  encourage  the  exchange  of  information  and  the  comparison  of 
experience. 

Cedefop works to strengthen European cooperation and provide the evidence on which to base 
European VET, skills and qualifications policies. Cedefop’s added value is the high quality of 
its comparative analyses and expertise gathered through research and networking.  

Cedefop  works  closely  with  the  European  Commission,  Member  States’  governments, 
representatives of employers and trade unions, VET researchers and practitioners. It provides 
them with up-to-date information on developments in VET as well as opportunities for policy 
debate. 

Cedefop  disseminates  its  information  through  its  website,  publications,  social  media, 
networks,  conferences  and  seminars.  Cedefop’s  activities  are  guided  by  its  mission  and 
medium-term priorities. 

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25 

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The Agency strives to provide the public with the widest possible access to documents held by 
it through its website. 

1.4.4. 

Indicators of results and impact  

Specify the indicators for monitoring implementation of the proposal/initiative. 

A  comprehensive  monitoring  and  evaluation  system  both  ex-ante  and  ex-post  of  the  multi-
annual  work  programmes  is  already  in  place.  This  will  be  completed  by  the  evaluation  and 
review carried out by the Commission every five years.  

1.5. 

Grounds for the proposal/initiative  

1.5.1.  Requirement(s) to be met in the short or long term  

Article  166(4)  refers  to  a  vocational  training  policy  which  shall  support  and  supplement  the 
action of the Member States, while fully respecting the responsibility of the Member States for 
the content and organisation of vocational training. Article 165(4) refers to the contribution of 
the  Union  to  the  development  of  quality  education  by  encouraging  cooperation  between 
Member  States  and,  if  necessary,  by  supporting  and  supplementing  their  action,  while  fully 
respecting  the  responsibility  of  the  Members  States  for  the  content  of  teaching  and  the 
organisation of education systems. 

Cedefop contributes to the Commission long-term policy work for/in:  

- Providing new knowledge and evidence in VET and skills and qualifications policies;  

- Monitoring policy trends and providing policy analysis of developments in VET and skills 
and qualifications policies;  

-  Promoting  better  anticipation  of  future  skills  needs,  including  in  the  light  of  technological 
developments, and developing better matching between skills and labour market needs;  

- In the short-term, contributing to implementation of a common vocational training policy and 
European  tools  in  the  field  of  education  and  following  the  EU  Priorities  for  vocational 
education and  training (2011-2020), as  updated in  the 2015 Joint Report under the ET 2020 
Strategic  framework  for  European  cooperation  in  education  and  training  and  the  newly 
launched new Skills Agenda for Europe.  

1.5.2.  Added value of EU involvement 

Cedefop’s  added  value  relies  on  its  tripartite  nature  which  enables  it  to  develop  the  high 
quality  comparative  analyses  and  expertise  in  the  field  of  vocational  educaiton  and  training, 
skills and qualifications policies based on input coming from a variety of actors at national and 
European level. This rich expertise translates into concrete support for EU and national policy 
development and implementation through the following tasks: 

analyse developments and provide comparative analyses of policies and practices across 

(a) 
countries; 

(b) 

analyse labour market trends in relation to skills and qualifications;  

(c) 
analyse  and  contribute  to  developments  related  to  the  design  and  award  of 
qualifications, their organisation into framework, and their function in the labour market with 
a view to enhance their transparency and recognition; 

analyse  and  contribute  to  developments  in  the  field  of  validation  of  non-formal  and 

(d) 
informal learning;  

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26 

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undertake  or  commission  studies  and  carry  out  research  on  relevant  socio-economic 

(e) 
developments and related policy issues; 

provide  forums  for  exchange  of  experiences  and  information  between  governments, 
(f) 
social partners and stakeholders at national level, and support implementation of reforms, and 
policies at national level; 

disseminate  information  as  a  contribution  to  policies  and  to  raise  awareness  and 
(g) 
understanding  of  the  potential  of  vocational  education  and  training  in  promoting  and 
supporting the employability of people, productivity in companies and lifelong learning; 

(h)  manage  and  make  available  tools,  datasets  and  services  for  skills,  occupations  and 
qualifications to citizens, companies, policy makers, social partners and other stakeholders. 

1.5.3.  Lessons learned from similar experiences in the past 

The  Commission  undertakes  an  external  evaluation  of  Cedefop  every  five  years.  Previous 
evaluations  confirmed  that  Cedefop  makes  a  substantial  contribution  to  the  analytical  and 
policy work of the Commission in the field of VET. The latest external evaluation of Cedefop 
was  performed  in  2013  (covering  the  period  from  2007  until  mid-2012)17.  According  to  the 
evaluation report, the Centre has further moved towards focus on policy support aside from its 
more traditional open source function. Cedefop's Founding Regulation should be amended to 
include the Agency's work on skills and qualifications as one of its tasks and to integrate more 
clearly the work on policy reporting and common European tools and initiatives. 

1.5.4.  Compatibility and possible synergy with other appropriate instruments 

Cedefop  cooperates  with  other  EU  Agencies  working  in  related  fields.  Cooperation 
agreements exist with the European Agency for Safety and Health at Work (EU OSHA), the 
European  Foundation  for  the  Improvement  of  Living  and  Working  Conditions  (Eurofound) 
and the European Training Foundation (ETF). These agreements foresee early consultation on 
work programme development and are complemented by yearly action plans that agree further 
forms  of  exchange  and,  where  appropriate,  joint  activities.  This  ensures  complementarity  of 
activities and allows for synergies to be achieved. 

17 

http://www.cedefop.europa.eu/en/content/final-report-external-evaluation-cedefop-9-december-2013 

EN 

27 

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1.6. 

Duration and financial impact  

 Proposal/initiative of limited duration  

–    Proposal/initiative in effect from [DD/MM]YYYY to [DD/MM]YYYY  

–    Financial impact from YYYY to YYYY 

 Proposal/initiative of unlimited duration 

–  Implementation with a start-up period from YYYY to YYYY, 

–  followed by full-scale operation. 

1.7.  Management mode(s) planned  

 Direct management by the Commission through 

–    executive agencies  

 Shared management with the Member States  

 Indirect management by entrusting budget implementation tasks to: 

 international organisations and their agencies (to be specified); 

the EIB and the European Investment Fund; 

bodies referred to in Articles 208 and 209; 

 public law bodies; 

 bodies governed by private law with a public service mission to the extent that they provide 
adequate financial guarantees; 

  bodies  governed  by  the  private  law  of  a  Member  State  that  are  entrusted  with  the 
implementation of a public-private partnership and that provide adequate financial guarantees; 

  persons  entrusted  with  the  implementation  of  specific  actions  in  the  CFSP  pursuant  to 
Title V of the TEU, and identified in the relevant basic act. 

Comments  

N/A 

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28 

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2. 

MANAGEMENT MEASURES  

2.1.  Monitoring and reporting rules  

Specify frequency and conditions. 

All  EU  agencies  work  under  a  strict  monitoring  system  involving  an  internal  control 
coordinator,  the  Internal  Audit  Service  of  the  Commission,  the  Governing  Board,  the 
Commission, the Court of Auditors and the Budgetary Authority. The system as laid down in 
the Cedefop Founding Regulation will continue to apply. 

2.2.  Management and control system  

2.2.1.  Risk(s) identified  

none 

2.2.2.  Control method(s) envisaged  

N/A 

2.3.  Measures to prevent fraud and irregularities  

Specify existing or envisaged prevention and protection measures. 

Article 24 of the proposal includes provisions on combatting fraud. 

Cedefop  adopted  its  Anti-Fraud  Strategy  on  22  October  2014,  along  with  the  Policy  on 
prevention  and  management  of  conflicts  of  interests  at  Cedefop.  Attached  to  the  Anti-fraud 
strategy is an internal procedure on reporting on irregularities, including legal framework and 
basic principles.  

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3. 

3.1. 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE  

Heading(s)  of  the  multiannual  financial  framework  and  expenditure  budget  line(s) 
affected  

  Existing budget lines  

In order of multiannual financial framework headings and budget lines. 

Budget line 

Type of  
expenditure 

Contribution  

Heading of 
multiannual 
financial 
framework 

Heading 1A – Competitiveness for growth and 
jobs 

Diff./Non-
18 
diff.

from 
EFTA 
countries
19 

from 
candidate 
20 
countries

from third 
countries 

within the 
meaning of 
Article 21(2)(b) of 
the Financial 
Regulation  

15  02  11  European  Centre  for 
the 
Development  of  Vocational  Training 
(Cedefop) 

Diff. 

YES 

NO 

NO 

YES 

Heading of 
multiannual 
financial 
framework 

  New budget lines requested  

In order of multiannual financial framework headings and budget lines. 

Budget line 

Type of 
expenditure 

Contribution  

Heading 1A – Competitiveness for growth and 
jobs 

Diff./Non-
diff. 

from 
EFTA 
countries 

from 
candidate 
countries 

from third 
countries 

within the 
meaning of 
Article 21(2)(b) of 
the Financial 
Regulation  

04  03  13  European  Centre  for  the 
Development  of  Vocational  Training 
(Cedefop) 

Diff 

YES 

NO 

NO 

YES 

18 
19 
20 

Diff. = Differentiated appropriations / Non-diff. = Non-differentiated appropriations. 
EFTA: European Free Trade Association.  
Candidate countries and, where applicable, potential candidate countries from the Western Balkans. 

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3.2. 

Estimated impact on expenditure  

The impact on expenditure as presented below is in line with Commission Communication (2013)519. 

3.2.1. 

Summary of estimated impact on expenditure  

Heading of multiannual financial  
framework  

1A 

Competitiveness for growth and jobs 

EUR million (to three decimal places) 

European Centre for the Development of 
Vocational Training (CEDEFOP) 

 Operational appropriations  

Number of budget line 

Number of budget line 

Commitments 

Payments 

Commitments 

Payments 

(1) 

(2) 

(1a) 

(2a) 

2013 

2014 

2015 

2016 

2017 

2018 

2019 

2020 

TOTAL 

17,434 

17,434 

17,434 

17,434  17,434 

17,434 

17,783 

18,138 

17,434 

17,434 

17,434 

17,434  17,434 

17,434 

17,783 

18,138 

Appropriations  of  an  administrative  nature  financed  from  the 
envelope of specific programmes21  

n/a 

n/a 

n/a 

n/a 

n/a 

n/a 

n/a 

n/a 

Number of budget line 

TOTAL appropriations 
for European Centre for the Development 
of Vocational Training (CEDEFOP) 

Commitments 

Payments 

(3) 

=1+1a 
+3 

=2+2a 

+3 

17,434 

17,434 

17,434 

17,434 

17,434 

17,434 

17,783 

18,138 

17,434 

17,434 

17,434 

17,434 

17,434 

17,434 

17,783 

18,138 

123,091 

123,091 

123,091 

123,091 

21 

EN 

Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect 
research, direct research. 

31 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
3.2.2.  Estimated impact on Cedefop's human resources  

3.2.2.1.  Summary  

–    The  proposal/initiative  does  not  require  the  use  of  appropriations  of  an 

administrative nature  

–   The proposal/initiative requires the use of appropriations of an administrative 

nature, as explained below: 

EUR million (to three decimal places) 

2016 

2017 

2018 

2019 

2020 

TOTAL 

Officials (Total AD and 
AST Grades) 

Contract staff 

Temporary staff  

Seconded National 
Experts 

16 

25 

78 

4 

15 

25 

77 

4 

14 

25 

77 

4 

14 

25 

77 

4 

14 

25 

77 

4 

TOTAL 

123 

121 

120 

120 

120 

3.2.2.2.  Estimated requirements of human resources for the parent DG 

–    The proposal/initiative does not require the use of human resources.  

–   The  proposal/initiative  requires  the  use  of  human  resources,  as  explained 

below: 

2016 

2017 

2018 

2019 

2020 

1.5 

1.5 

1.5 

1.5 

1.5 

 Establishment plan posts (officials and 

temporary staff) 

XX 01 01 01 (Headquarters and 
Commission’s Representation 
Offices) 

XX 01 01 02 (Delegations) 

XX 01 05 01 (Indirect research) 

10 01 05 01 (Direct research) 

 External staff (in Full Time Equivalent 
unit: FTE)22 

XX 01 02 01 (AC, END, INT from 
the ‘global envelope’) 

22 

AC = Contract Staff; AL = Local Staff; END = Seconded National Expert; INT = agency staff; JED = 
Junior Experts in Delegations.  

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32 

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XX 01 02 02 (AC, AL, END, INT 
and JED in the Delegations) 

XX 01 04 
yy23 

- at 
Headquarters24 

- in 
Delegations  

XX 01 05 02 (AC, END, INT – 
Indirect research) 

10 01 05 02 (AC, END, INT – 
Direct research) 

Other budget lines (specify) 

TOTAL 

The human resources required will be met by staff from the DG who are already assigned to 
management of the action and/or have been redeployed within the DG, together if necessary 
with any additional allocation which may be granted to the managing DG under the annual 
allocation procedure and in the light of budgetary constraints. 

Description of tasks to be carried out: 

Officials and temporary staff 

Coordination and representation of the Commission's position towards the Agency. 

External staff 

23 
24 

Sub-ceiling for external staff covered by operational appropriations (former ‘BA’ lines). 
Mainly for the Structural Funds, the European Agricultural Fund for Rural Development (EAFRD) and 
the European Fisheries Fund (EFF). 

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33 

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3.2.3.  Compatibility with the current multiannual financial framework  

–   The  proposal/initiative  is  compatible  the  current  multiannual  financial 

framework. 

–    The proposal/initiative will entail reprogramming of the relevant heading in the 

multiannual financial framework. 

Explain  what  reprogramming  is  required,  specifying  the  budget  lines  concerned  and  the 
corresponding amounts. 

–    The  proposal/initiative  requires  application  of  the  flexibility  instrument  or 

revision of the multiannual financial framework25. 

Explain  what  is  required,  specifying  the  headings  and  budget  lines  concerned  and  the 
corresponding amounts. 

3.2.4.  Third-party contributions  

–  The proposal/initiative does not provide for co-financing by third parties.  

–  The proposal/initiative provides for the co-financing estimated below: 

2017 

2018 

2019 

2020 

EUR  

Norway 
contributions 

and 

Iceland 

TOTAL 
co-financed  

appropriations 

475 949 

475 949 

485 480 

495 170 

475 949 

475 949 

485 480 

495 170 

25 

See  Articles  11  and  17  of  Council  Regulation  (EU,  Euratom)  No  1311/2013  laying  down  the 
multiannual financial framework for the years 2014-2020. 

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34 

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3.3. 

Estimated impact on revenue  

–   The proposal/initiative has no financial impact on revenue. 

–    The proposal/initiative has the following financial impact: 

– 

– 

 

 

on own resources  

on miscellaneous revenue  

Appropriation
s available for 
the current 
financial year 

Budget revenue line: 

Article …………. 

EUR million (to three decimal places) 

Impact of the proposal/initiative

26

Year 
N 

Year 
N+1 

Year 
N+2 

Year 
N+3 

Enter as many years as necessary to show 
the duration of the impact (see point 1.6) 

For miscellaneous ‘assigned’ revenue, specify the budget expenditure line(s) affected. 

[…] 

Specify the method for calculating the impact on revenue. 

[…] 

26 

As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net 
amounts, i.e. gross amounts after deduction of 25 % for collection costs. 

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35 

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