Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing the European Agency for Safety and Health at Work (EU-OSHA), and repealing Council Regulation (EC) 2062/94
Date: 2016-08-23
Institutions: Directorate-General for Employment, Social Affairs and Inclusion, European Commission
Subjects: European Agency for Safety and Health at Work, occupational safety, operation of the Institutions

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   EUROPEAN COMMISSION  Brussels, 23.8.2016  COM(2016) 528 final 2016/0254 (COD)   Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing the European Agency for Safety and Health at Work (EU-OSHA), and repealing Council Regulation (EC) 2062/94  
 
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 Agency for Safety and 
Health at Work (EU-OSHA) from 1994. The reasons for the revision are twofold.  

The  revision  of  the  EU-OSHA's  Founding  Regulation  will  align  certain  provisions  of  the 
existing  Regulation  governing  EU-OSHA  with  the  Common  Approach  on  Decentralised 
Agencies. Secondly, the revision offers the opportunity to update the objectives and tasks of 
EU-OSHA. The new objectives and tasks will be adjusted to better reflect the developments 
in this area as well as new needs.  

The revision is not an initiative within the Regulatory Fitness Programme (REFIT). 

The other two tripartite Agencies of the European Union, Eurofound and CEDEFOP will also 
undergo a revision of their respective Founding Regulations at the same time as EU-OSHA. 

• 

Consistency with existing policy provisions in the policy area 

The  EU-OSHA's  Founding  Regulation  has  been  amended  three  times,  in  1995,  2003,  and 
2005,  mainly  to  take  account  of  EU  enlargement  or  Treaty  changes.  However,  such 
amendments have not significantly altered the fundamentals of the Agency. 

This  revision  will  provide  a  clearer  description  of  the  role  of  EU-OSHA  in  supporting  the 
Commission in shaping policies on health and safety at work. It will  update the mandate of 
EU-OSHA  as  a  centre  for  the  technical,  scientific,  legal  and  economic  information  and 
qualified expertise of use in the field of safety and health at work. 

• 

Consistency with other Union policies 

The  role  of  EU-OSHA  is  to  inform  and  contribute  towards  better  evidence-based 
policymaking  in  areas  relevant  to  health  and  safety  at  work.  The  revision  thus  takes  into 
consideration  the  existing  EU  policies  on  health  and  safety  at  work,  and  foresees 
complementarity with ongoing and planned research in this area carried out with EU funding, 
such as those financed under the Horizon 2020 programme. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The  proposed  legal  basis  is  article  153  of  the  Treaty  on  the  Functioning  of  the  European 
Union (TFEU), which covers the activities carried out by EU-OSHA in  the area of health and 
safety  at  work  where  it  refers  to  measures  designed  to  encourage  cooperation  between 
Member States in Art 153(2)(a) TFEU.  

• 

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. 

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• 

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. A 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  the  Council  repealing 
and replacing the existing Council Regulation (EC) 2062/94. 

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

The most recent evaluation was conducted by the Agency in 2011 focusing on its Strategy for 
the period 2009-2013. 

• 

Stakeholder consultations 

In line with the requirements of Article 154 TFEU, 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.  Otherwise,  there  were  no  major 
suggestions concerning EU-OSHA Founding Regulation.  

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

• 

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  Commission  Communication 
(2013)519. 

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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  EU-OSHA's 
objectives and tasks. In particular, it will allow to define more precisely the role of EU-OSHA 
in supporting the Commission and other EU institutions and bodies, the Member States, the 
social partners and those involved in the field in shaping and implementing policies on health 
and safety at work at both national and European levels. 

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.  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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2016/0254 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

establishing the European Agency for Safety and Health at Work (EU-OSHA), and 
repealing Council Regulation (EC) 2062/94 

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 153(2)(a) 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 Committee1,  
Having regard to the opinion of the Committee of the Regions2, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

The European Agency for Safety and Health at Work (EU-OSHA) was established by 
Council  Regulation  (EC)  No  2062/943  to  contribute  to  improvement  of  the  working 
environment,  as  regards  the  protection  of  the  safety  and  health  of  workers,  through 
action  designed  to  increase  and  disseminate  knowledge  likely  to  assist  this 
improvement. 

Since its establishment in 1994 EU-OSHA has played an important role in supporting 
the improvement of health and safety at work throughout the European Union. At the 
same time there have been developments in the area of occupational safety and health 
(OSH).  In  this  light  some  adjustments  are  required  in  describing  the  objectives  and 
tasks  of  EU-OSHA  as  compared  to  the  provisions  in  Council  Regulation  (EC)  No. 
2062/94. 

Regulation  (EC)  No  2062/94  has  been  amended  several  times.  Since  further 
amendments are to be made, it should therefore be replaced and 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  does  not  prejudge  any  further  amendments  to  the  Founding 
Regulation  of  EU-OSHA  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 

1 
2 
3 

OJ C , , p. . 
OJ C , , p. . 
Council Regulation (EC) No 2062/94 of 18 July 1994 establishing a European Agency for Safety and 
Health at Work (OJ L 216, 20.8.1994, p. 1). 

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(5) 

(6) 

(7) 

(8) 

(9) 

in  the  field  of  labour  market,  working  conditions,  vocational  education  and  training 
and skills. 

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

There  are  already  organisations  in  the  European  Union  and  Member  States  which 
provide this type of information and services. In order to obtain the maximum benefit 
at EU level from work already carried out by these organisations, it is appropriate to 
maintain the existing well-functioning network set up by EU-OSHA under Regulation 
(EC)  No  2062/94  and  comprising  Member  States  focal  points  and  their  national 
tripartite  networks.  It  is  also  important  that  the  Agency  have  very  close  functional 
links  with  the  Advisory  Committee  on  Safety  and  Health  at  Work4,  to  ensure  good 
coordination and synergies. 

The  financial  provisions  and  provisions  for  programming  and  reporting  included  in 
Regulation  (EC)  No  2062/94  should  be  aligned  with  Commission  Delegated 
Regulation (EU) No 1271/20135. 

The provisions concerning EU-OSHA's staff included in Regulation (EC) No 2062/94 
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 259/686. 

The  Agency  should  take  the  necessary  measures  to  ensure  safe  handling  and 
processing of confidential information. Where required, EU-OSHA will adopt security 
rules  as  set  out  in  Commission  Decision  (EU,  Euratom)  2015/4437  and  Commission 
Decision (EU, Euratom) 2015/4448. 

(10) 

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

HAVE ADOPTED THIS REGULATION: 

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5 

6 

7 

8 

Council Decision of 22 July 2003 setting up an Advisory Committee on Safety and Health at Work, OJ 
C 218, 13.9.2003, p. 1–4 
Commission  Delegated  Regulation  (EU)  No  1271/2013  of  30  September  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), as last amended by 
Regulation (EU, Euratom) No 1023/2013 of the European Parliament and of the Council of 22 October 
2013 (OJ L 287, 29.10.2013, p.15). 
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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CHAPTER I 

OBJECTIVES AND TASKS OF THE AGENCY 

Article 1 – Establishment and Objective of the Agency 

1. 

2. 

The European Agency for Safety and Health at Work (the ‘Agency’ also referred to 
as ‘EU-OSHA’, is hereby established as a European Union Agency. 

The objective of the Agency shall be to provide the European Union institutions and 
bodies,  the  Member  States,  the  social  partners  and  those  involved  in  the  field  of 
safety  and  health  at  work  with  the  technical,  scientific,  legal  and  economic 
information and qualified expertise of use in that field.   

1. 

The  Agency  shall  perform  the    following  tasks  with  respect  to  the  policy  areas 
referred to in Article 1(2) : 

Article 2 –Tasks 

(a) 

(b) 

collect, analyse and disseminate technical, scientific and economic information 
on safety and health at work in the Member States in order to pass it on to the 
European Union institutions and bodies, Member States and interested parties; 
this  collection  shall  take  place  to  identify  risks  and  good  practices  as  well  as 
existing national priorities and programmes and provide the necessary input to 
the priorities and programmes of the European Union; 

collect and analyse technical, scientific and economic information on research 
into  safety  and  health  at  work  and  on  other  research  activities  which  involve 
aspects connected with safety and health at work and disseminate the results of 
the research and research activities; 

(c)  promote and support cooperation and exchange of information and experience 
amongst the Member States in the field of safety and health at work, including 
information on training programmes; 

(d)  organise  conferences  and  seminars  and  exchanges  of  expertise  from  the 

Member States in the field of safety and health at work; 

(e) 

supply the European Union institutions and bodies and the Member States with 
the  objective  available  technical,  scientific,  legal  and  economic  information 
and qualified expertise they require to formulate and implement judicious and 
effective policies designed to protect the safety and health of workers; to that 
end,  provide  the  European  Commission  in  particular  with  the  technical, 
scientific, legal and economic information and  qualified expertise it requires to 
fulfil its tasks of identifying, preparing and evaluating legislation and measures 
in  the  area  of  the  protection  of  the  safety  and  health  of  workers,  notably  as 
regards  the  impact  of  legislation,  the  adaptation  of  legislation  to  technical, 
scientific  or  legislative  progress  as  well  as  of  practical  implementation  of 
legislation  in  enterprises,  with  particular  reference  to  micro,  small  and 
medium-sized enterprises; 

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(f) 

establish, in cooperation with the Member States, and coordinate the network 
referred to in Article 12, taking into account the national, EU and international 
bodies and organisations which provide this type of information and services; 

(g) 

collect and make available information on safety and health matters from and 
to third countries and international organisations; 

(h)  provide  technical,  scientific  and  economic  information  on  methods  and  tools 
for  implementing  preventive  activities,  identify  good  practices  and  promote 
preventive actions, paying particular attention to the specific problems of small 
and medium-sized enterprises. With regard to good practices, the Agency shall 
in  particular  focus  on  practices  which  constitute  practical  tools  to  be  used  in 
drawing  up  an  assessment  of  the  risks  to  safety  and  health  at  work,  and 
identifying the measures to be taken to tackle them; 

(i) 

(j) 

contribute  to  the  development  of  European  Union  strategies  and  action 
programmes  relating  to  the  protection  of  safety  and  health  at  work,  without 
prejudice to the Commission's sphere of competence; 

carry  out  awareness  raising  and  communication  activities  and  campaigns  on 
health and safety at work issues. 

The Agency shall ensure that the information disseminated is tailored to the intended 
users.  To  achieve  this  objective,  the  Agency  shall  work  closely  with  the  national 
focal points referred to in Article 12(1), in accordance with  Article 12(2). 

In carrying out its tasks, the Agency shall maintain a close dialogue particularly with 
specialised  bodies,  whether  public  or  private,  public  authorities  and  workers'  and 
employers’  organisations.  The  Agency,  without  prejudice  to  its  own  aims,  shall 
ensure cooperation with other European Union Agencies aimed at avoiding overlaps 
and promoting synergy and complementarity in their activities, in particular with the 
European  Foundation  for  the  improvement  of  living  and  working  conditions,  the 
European  Centre  for  the  development  of  vocational  training  and,  where  relevant, 
with other EU Agencies. 

CHAPTER II 

ORGANISATION OF THE AGENCY 

2. 

3. 

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; 

(d) 

a Network, which shall exercise the functions set out in Article 12. 

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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 employers' organisations from each Member State ; 

(c)  one member representing employees' organisations from each member State; 

(d) 

three members representing the Commission. 

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

The members referred to in points (a), (b) and (c) shall be appointed by the Council from 
the members and alternate members of the Advisory Committee on Safety and Health at 
Work9. 

The members referred to in point (a) shall be appointed on a proposal from the Member 
States. 

The  members  referred  to  in  points  (b)  and  (c)  shall  be  appointed  on  a  proposal  by  the 
respective groups’ spokespersons on the Committee. 

The  proposals  from  the  three  groups  within  the  Committee  shall  be  submitted  to  the 
Council; the proposals shall also be forwarded to the Commission for information. 

The Commission shall appoint the members who are to represent it. 

2. 

3. 

4. 

5. 

Each member of the Management Board shall have an alternate. The alternate shall 
represent the member in his/her absence. The alternate shall be appointed following 
the procedure provided for in paragraph 1.  

Members of the Management Board and their alternates shall be appointed in light of 
their knowledge in the field of health and safety at work, taking into account relevant 
managerial,  administrative  and  budgetary  skills.  All  parties  represented  in  the 
Management  Board  shall  make  efforts  to  ensure  a  balanced  representation  of  men 
and  women  and  to  limit  turnover  of  their  representatives,  in  order  to  guarantee 
continuity of the Board's work.  

The  term  of  office  for  members  and  their  alternates  shall  be  four  years.  It  shall  be 
extendable.  Upon  the  expiry  of  their  term  of  office  or  in  the  event  of  their  resig-
nation, 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. 

9 

Council Decision of 22 July 2003 setting up an Advisory Committee on Safety and Health at Work, OJ 
C 218, 13.9.2003, p. 1–4 

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Article 5 – Functions of the Management Board 

1. 

The Management Board shall: 

(a)  give the 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 
17; 

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 and independent experts; 

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

(h) 

adopt its rules of procedure;  

(i) 

(j) 

(k) 

(l) 

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; 

appoint the Executive Director and where relevant extend his/her term of office 
or remove him/her from office in accordance with Article 19; 

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 30 (1) 

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2. 

3. 

1. 

2. 

3. 

4. 

5. 

10 

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 1271/201310 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 each year 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. 

in  accordance  with 

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 
action, 
the  principles  of  activity-based  budgeting  and 
management.  The  annual  work  programme  shall  be  coherent  with  the  multi-annual 
work programme referred to in paragraph 5. It shall clearly indicate tasks that have 
been  added,  changed  or  deleted  in  comparison  with  the  previous  financial  year. 
Annual  and/or  multi-  annual  programming  shall  include  the  strategy  for  relations 
with  third  countries  or  international  organisations  referred  to  in  Article  30  and  the 
actions linked to this strategy. 

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 

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). 

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6. 

1. 

2. 

1. 

2. 

3. 

4. 

5. 

1. 

2. 

3. 

4. 

5. 

strategy  for  relations  with  third  countries  and  international  organisations,  with  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 28. 

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 at least 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  Article  5(1)(a)  and  (b)  and  Article  19(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. 

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. 

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SECTION 2 

EXECUTIVE BOARD 

Article 10- Executive Board 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

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  as 
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 at least 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. 

SECTION 3 

EXECUTIVE DIRECTOR 

Article 11 – Responsibilities of the Executive Director 

1. 

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

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2. 

3. 

4. 

5. 

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)  day-to-day administration of the Agency; 

(b) 

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 
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.  

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SECTION 4 

NETWORK 

Article 12 - Network 

1. 

– 

– 

2. 

3. 

4. 

1. 

2. 

3. 

The Agency shall set up a network comprising: 

the  main  component  elements  of  the  national  information  networks,  including  the 
national  social  partners'  organisations,  according  to  national  legislation  and/or 
practice; 

the national focal points. 

The  Member  States  shall  regularly  inform  the  Agency  of  the  main  components  of 
their  national  health  and  safety  at  work  information  networks,  including  any 
institution  which  in  their  judgement  could  contribute  to  the  work  of  the  Agency, 
taking into account the need to ensure the fullest possible coverage of their territory. 
The competent national authorities or a national institution designated by them as a 
national focal point shall coordinate and/or transmit the information to be supplied at 
national level to the Agency, in the framework of an agreement between each focal 
point and the Agency on the basis of the work programme adopted by the Agency. 
The  national  authorities  shall  consult  the  national  social  partners  and  take  into 
account their point of view in accordance with national legislation and/or practice. 

Topics  of  particular  interest  identified  shall  be  listed  in  the  Agency's  annual  work 
programme. 

In the light of experience gained, the Agency shall periodically re-examine the main 
component elements of the network referred to in paragraph 2 and shall make such 
changes  as  may  be  decided  by  the  Management  Board,  taking  account  of  any  new 
designations made by the Member States. 

CHAPTER III 

FINANCIAL PROVISIONS 

Article 13 - Budget 

Estimates  of  all  the  revenue  and  expenditure  of  the  Agency  shall  be  prepared  for 
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) 

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

any voluntary financial contribution from the Member States; 

charges for publications and any service provided by the Agency; 

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4. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

1. 

2. 

1. 

2. 

(d) 

any contribution from third countries participating in the work of the Agency, 
as provided for by Article 30. 

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

Article 14 – 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 authorize the appropriations for the contribution to the 
Agency. 

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

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 15 – 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 16 - 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 Court of Auditors.   

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3. 

4. 

5. 

6. 

7. 

8. 

9. 

On  receipt  of  the  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. 

Article 17 – 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 18 – General provisions 

1. 

2. 

1. 

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 19 – 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. 

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2. 

3. 

4. 

5. 

6. 

7. 

1. 

2. 

1. 

2. 

3. 

4. 

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. By 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. 

Article 20 - 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 21 – 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 Bilbao, Spain. 

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

Article 22 – Privileges and immunities 

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

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1. 

2. 

3. 

1. 

2. 

1. 

2. 

3. 

4. 

11 

12 

Article 23 – 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 24 – Transparency 

Regulation  (EC)  No  1049/2001  of  the  European  Parliament  and  of  the  Council11 
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  the  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 of the Agency. Those measures shall be established after consultation of the 
European Data Protection Supervisor. 

Article 25 – 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  Council12, 
within six months from the date of application of this Regulation, the Agency 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 

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). 
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). 

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Court of Auditors and OLAF to conduct such audits and investigations, according to 
their respective competences. 

Article 26 - 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 Decisions (EU, Euratom)  2015/443  and 2015/444,  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. 

3. 

4. 

5. 

1. 

2. 

3. 

Article 27 - 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. 

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 28 – Evaluation  

Not  later  than  5  years  after  the  date  referred  to  in  Article  35,  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 on the evaluation findings. The findings of the evaluation shall 
be made public. 

Article 29 – 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. 

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Article 30 – 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. 

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

Article 31 – 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 32 – Transitional provisions concerning the Management Board 

The  term  of  office  of  the  members  of  the  Governing  Board  of  the  Agency  as 
established on the basis of Article 8 of Regulation (EC) No 2062/94 shall terminate 
on … [date of entry into force of this Regulation].  

The  Governing  Board  established  on  the  basis  of  Article  8  of  Regulation  (EC)  No 
2062/94  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. 

3. 

1. 

2. 

1. 

2. 

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Article 33 - Transitional provisions concerning the staff 

1. 

The Director of the Agency appointed on the basis of Article 11 of Regulation (EC) 
No 2062/94 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/her contract shall remain unchanged.  

Article 34 -Transitional budgetary provisions 

The  discharge  procedure  in  respect  of  the  budgets  approved  on  the  basis  of  Article  14  of 
Regulation (EC) No 2062/94 shall be carried out in accordance with the rules established by 
that Regulation. 

CHAPTER VII 

FINAL PROVISIONS 

Article 35 – Repeal 

Council  Regulation  (EC)  No  2062/94  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 . 

Article 36 – Maintenance into force of the internal rules adopted by the Agency 

Internal rules  adopted by the Governing Board on the basis of Regulation (EC) No 2062/94 
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 37 – Entry into force 

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 XXX. 

However, Articles 32, 33, 34 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 EU-OSHA 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 Union Agency for Safety and Health at Work (EU-OSHA) 
Policy area(s) concerned in the ABM/ABB structure13  

1.2. 

04: Employment, social affairs and inclusion 

04 03: Employment, social affairs and inclusion 

04 03 12: European Agency for Safety and Health at Work (EU-OSHA) 

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 
action14  

 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 

A new Boost for Jobs Growth and Investment 

A deeper and fairer Economic and Monetary Union 

1.4.2. 

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

Specific objective No 1 

The  Agency’s  objective  is  to  provide  the  Union  institutions,  Member  States  and  interested 
parties  with  technical,  scientific  and  economic  information  of  use  in  the  area  of  health  and 
safety at work. 

This  appropriation  is  intended  to  cover  the  measures  necessary  to  accomplish  the  Agency’s 
tasks, and in particular: 

- awareness-building and risk anticipation measures, with special emphasis on SMEs, 

 - operation of the European Risk Observatory based on examples of good practice collected 
from firms or specific branches of activity, 

-  preparation  and  provision  of  relevant  tools  for  smaller  companies  to  manage  health  and 
safety at work, 

13 
14 

ABM: activity-based management; ABB: activity-based budgeting. 
As referred to in Article 54(2)(a) or (b) of the Financial Regulation. 

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24 

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-  operation  of  the  network  comprising  the  main  component  elements  of  the  national 
information  networks,  including  the  national  social  partner’s  organisations,  according  to 
national legislation and/or practice, as well as the national focal points, 

-  also  in  collaboration  with  the  International  Labour  Organization  and  other  international 
organisations, organising exchanges of experience, information and good practices,  

-  integrating  the  candidate  countries  into  these  information  networks  and  devising  working 
tools which are geared to their specific situation, 

-  organising  and  running  the  European  Campaign  on  Healthy  Workplaces  as  well  as  the 
European Week on health and safety, focusing on specific risks and needs of users and final 
beneficiaries. 

ABM/ABB activity(ies) concerned 

04 03 12 - European Agency for Safety and Health at Work – Subsidy under Titles1, 2 and 3 

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1.4.3.  Expected result(s) and impact 

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

EU-OSHA’s  mission  is  to  develop,  gather  and  provide  reliable  and  relevant  information, 
analysis  and  tools  to  advance  knowledge,  raise  awareness  and  exchange  occupational  safety 
and health (OSH) information and good practice which will serve the needs of those involved 
in OSH. 

The role is set out in the 1994 Founding Regulation: 

In  order  to  encourage  improvements,  especially  in  the  working  environment,  as  regards  the 
protection  of  the  safety  and  health  of  workers  as  provided  for  in  the  Treaty  and  successive 
action programmes concerning health and safety at the workplace, the aim of the Agency shall 
be to provide the Community bodies, the Member States and those involved in the field with 
the  technical,  scientific  and  economic  information  of  use  in  the  field  of  safety  and  health  at 
work. 

EU-OSHA's  vision  is  to  be  a  recognised  leader  promoting  healthy  and  safe  workplaces  in 
Europe  based  on  tripartism,  participation  and  the  development  of  an  OSH  risk  prevention 
culture, to ensure a smart, sustainable, productive and inclusive economy. 

EU-OSHA is a tripartite organization that is committed to good governance. Good governance 
includes  a  number  of  elements,  such  as  openness  and  responsiveness,  transparency, 
compliance, effectiveness, efficiency and accountability. 

1.4.4. 

Indicators of results and impact  

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

The  Agency’s  objectives  are  clearly  defined  and  updated  when  necessary.  These  are 
formulated  in  a  way  that  makes  it  possible  to  monitor  their  achievement.  Key  performance 
indicators  are  established  to  help  management  evaluate  and  report  on  the  progress  made  in 
relation to their objectives. 

Evaluation  programmes  are  implemented  by  EU-OSHA  to  assess  whether  the  Agency’s 
activities are relevant to users and sustainable, and if objectives have been met. 

1.5. 

Grounds for the proposal/initiative  

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

The current corporate strategy identifies six priority areas: 

- Anticipating change through foresight projects 

-  Facts  and  figures  gathering  and  spreading  information  for  researchers  and  policy-makers 
through ESENER, OSH overviews and opinion polls 

- Tools for the management of OSH 

-  Raising  awareness  of  OSH  through  the  Healthy  Workplaces  Campaigns  and  other 
awareness-raising activities 

- Networking knowledge particularly through the development of OSHwiki 

- Networking and corporate communications 

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1.5.2.  Added value of EU involvement 

The  aim  of  the  Agency  shall  be  to  provide  the  Community  bodies,  the  Member  States  and 
those involved in the field with the technical, scientific and economic information of use in the 
field of safety and health at work. 

1.5.3.  Lessons learned from similar experiences in the past 

EU-OSHA  has  been  carrying  out  their  activities,  in  particular  collecting  and  disseminating 
information in the field of Health and Safety at Work, as well as awareness raising initiatives, 
since  1995.    EU-OSHA  can  make  its  most  valuable  contribution  by  building  upon  the  core 
areas of expertise it has developed. The Agency is known for its strong knowledge base in the 
area of occupational safety and health. 

The  Agency  strives  to  provide  the  highest  quality  information  in  its  fields  of  expertise: 
scientifically  sound  and  unbiased.  EU-OSHA’s  vision  is  that  this  knowledge  is  taken  up  for 
the development of effective policies that lead to the improvement of health and safety at work 
in a competitive and fair Europe. 

1.5.4.  Compatibility and possible synergy with other appropriate instruments 

EU-OSHA  cooperates  with  other  EU  Agencies  working  in  related  fields.  Cooperation 
agreements exist with the European Foundation for the Improvement of Living and Working 
Conditions (EUROFOUND) and the European Chemical Agency (ECHA). These agreements 
foresee  in  particular  the  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.  

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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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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 EU-OSHA 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. 

Anti-fraud measures had not been specifically foreseen in the current founding regulation of 
EU-OSHA, but the Director and the Governing Board have taken the appropriate measures in 
accordance with the Internal Control Standards applied across all EU institutions. In line with 
the Common Approach an anti-fraud strategy was adopted by the Agency in November 2014.   

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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  

Heading of 
multiannual 
financial 
framework 

Heading of 
multiannual 
financial 
framework 

  Existing budget lines  

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.15 

from 
EFTA 
countries
16 

from 
candidate 
countries17 

from third 
countries 

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

04  03  12:  European  Agency  for  Safety 
and Health at Work (EU-OSHA) 

Diff. 

YES 

YES 

NO 

  New budget lines requested : N/A 

In order of multiannual financial framework headings and budget lines. 

Budget line 

Type of 
expenditure 

Contribution  

Number  
[Heading……………………………………
…] 

Diff./non-
diff. 

from 
EFTA 
countries 

from 
candidate 
countries 

from third 
countries 

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

[XX.YY.YY.YY] 

YES/N
O 

YES/N
O 

YES/N
O 

YES/NO 

15 
16 
17 

Diff. = Differentiated appropriations / Non-diff. = Non-differentiated appropriations. 
EFTA: European Free Trade Association.  
Candidate countries and, where applicable, potential candidates 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) 

DG  Employment,  social  affairs  and 
inclusion 

2013 

2014 

2015 

2016 

2017 

2018 

2019 

2020 

TOTAL 

 Operational appropriations  

Number of budget line 

Number of budget line 

Commitments 

Payments 

(1) 

(2) 

Commitments 

(1a) 

Payments 

(2a) 

14,678 

14,095 

14,679 

14,679 

14,679 

14,973 

15,273 

15,579 

103,957 

14,678 

14,095 

14,679 

14,679 

14,679 

14,973 

15,273 

15,579 

103,957 

Appropriations  of  an  administrative  nature  financed  from  the  envelope  of  specific 

programmes

18

Number of budget line 

TOTAL appropriations  

Commitments 

for  DG  Employment,  social  affairs  and 
inclusion 

Payments 

(3) 

=1+1a 
+3 

=2+2a 

+3 

14,678 

14,095 

14,679 

14,679 

14,679 

14,973 

15,273 

15,579 

103,957 

14,678 

14,095 

14,679 

14,679 

14,679 

14,973 

15,273 

15,579 

103,957 

18 

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 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
EN 

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3.2.2.  Estimated impact on EU-OSHA'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 (AD Grades) 

Officials 
grades) 

(AST 

Contract staff 

Temporary staff  

Seconded National 
Experts 

0 

0 

24 

41 

0 

0 

0 

24 

40 

0 

0 

0 

24 

40 

0 

0 

0 

24 

40 

0 

0 

0 

24 

40 

0 

TOTAL 

65 

64 

64 

64 

64 

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 

0.8 

0.8 

0.8 

0.8 

0.8 

 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) 

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 External staff (in Full Time Equivalent 

unit: FTE)19 

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

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

XX 01 04 
yy20 

- at 
Headquarters21 

- 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 

19 

20 
21 

AC = Contract Staff; AL = Local Staff; END = Seconded National Expert; INT = agency staff; JED = 
Junior Experts in Delegations.  
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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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 framework22. 

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: 

EUR million (to three decimal places) 

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) 

Total 

Specify  the  co-financing 
body  

TOTAL 
co-financed  

appropriations 

22 

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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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/initiative23 

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. 

23 

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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