CELEX: 51994PC0233
Language: en
Date: 1994-06-03
Title: Amended proposal for a COUNCIL REGULATION (EC) for a Council Regulation establishing a European Agency for Safety and Health at Work

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                                              Amended proposal           for a
                                              COUNCIL REGULATION (EC)
                         for a Council Regulation establishing a European Agency
                                           for Safety and Health at Work
                 ( p r e s e n t e d by t h e Commission p u r s u a n t t o A r t i c l e 189 A ( 2 )
                                                 of t h e E C - T r e a t y )
 ---pagebreak---                                             X
                              EXPLANATORY MEMORANDUM
 Following the opinion of the European Parliament of 21 April 1994 the Commission
 presents to the Council a modified proposal which takes over 13 of the 35 amendments
 presented by Parliament.
 Amendments N° 1, 2, 5, 8, 11, 12, 13, 28 and 32 have been accepted as they give
useful precisions to the text.
 Also amendments N° 3, 25, 34 and 35 have been taken over. Amendment N° 3 urges
the need to establish close links between the Agency and the Advisory Committee on
 Safety, Hygiene and Health at Work. To formalize this request the Commission
proposes a modification to article 10 providing for the consultation of this Advisory
Committee on the multi-annual rolling programme as well as on the annual work
programme of the Agency.
Amendment N° 25 requires that the chairman of the Administrative Board has to be
elected; amendment N° 34 provides for the use of all Community languages; and
amendment N° 35 introduces a review of the tasks of the Agency in five years, allowing
a reassessment of priorities.
The ideas contained in amendments N" 4 (use of the Translation Centre for Bodies of
the European Union) and N° 9 (adding the collection and dissemination of scientific and
technical information to the tasks) have been integrated with only slight changes in the
wording.
The Commission does not oppose the transfer of tasks from the European Foundation
for the Improvement of Living and Working Conditions where they are clearly within
the terms of reference of the Agency. However this transfer cannot be made
immediately as of its creation as suggested by amendment N° 6. Furthermore it is
useless to repeat the decision of the European Council on the Seat of the Agency.
Therefore these ideas have been incorporated into the preamble of the modified
proposal.
The Commission has not retained amendment N° 7 as it sought to amend article 2
(dealing with objectives) by entering into detailed descriptions of tasks of the Agency.
This departs from the structure of the text and also deletes an important reference to the
action programmes.
Amendment N° 10 would extend the role of the Agency to a form of consultancy
service for companies and for social partners' organizations. The intention of the
corresponding part of the Commission's proposal was to identify and to place emphasis
on the needs for cooperation of direct usefulness for SMEs rather than to dispense direct
assistance to enterprises in general.
 ---pagebreak---                                           3
Amendments N* 14 to 19 concern the detail to be introduced into the structure of the
network. The amendments would deviate too much from the structure of second
generation agencies such as the Environmental Agency and in some respects take away
the necessary flexibility allowing for national specificity. Similar arguments led the
Commission also to reject amendment N° 20. In addition, the imperative request it
contains for competitive tendering on all expenditures could be counter productive. It
is preferable to regulate this question in the Internal Financial Rules.
Amendments N" 21, 22, 27, 30 and 33 are not supported by the Commission as they
are legally or institutionnally unsound (i.e. legal capacity of the Agency, consultation
of a Parliamentary Committee, confidentiality of documents). Nor does the Commission
share the idea that the Executive Director should possess scientific qualifications as an
obligation as suggested in amendment N° 31. In the final analysis it is up to the
Administrative Board to define the profile. In the opinion of the Commission the annual
comparison of achievements of the Agency in respect of the programme which the
Parliament would require from the Commission by amendment N° 29 is more
appropriately undertaken by the Executive Director.
Amendments N° 23, 24, 26 proposing an Administrative Board of 39 persons, are not
accepted by the Commission. The need for the social partners to be fully represented
on the Board does not automatically imply that the Board of the Agency should be of
the same size as "first generation agencies".
 ---pagebreak---                                   *i
 Proposal of the Commission
 OJ C 271 du 16.10.1991)
 PREVIOUS TEXT                        AMENDED TEXT
 THE COUNCIL OF THE EUROPEAN          THE COUNCIL OF THE EUROPEAN UNION,
 COMMUNITIES,
Having regard to the Treaty-         Having regard to the Treaty
establishing the European            establishing the European
Economic Community, and in           Community, and in particular
particular Article 235 thereof,      Article 235 thereof,
Having regard to the proposal        unchanged
from the Commission,
Having regard to the opinion of      unchanged
the European Parliament,
Having regard to the opinion of      unchanged
the Economic and Social
Committee,
Whereas safety, hygiene and          unchanged
health at work are among the
priorities for an effective
social policy;
Whereas the Commission has           unchanged
described the measures which it
intends to take in these fields
in its programme concerning
safety, hygiene and health at
work (1), and in its action
programme concerning the
implementation of the Community
Charter of Fundamental Social
Rights for Workers (2);
Whereas, in its Resolution of 21     unchanged
December 1987 (3), the Council
welcomed the Commission
communication on its programme
concerning safety, hygiene and
health at work, and, inter alia,
called on the Commission to
examine ways of improving the
exchange of information and
experience in the field of health
and safety at work, in particular
as regards the gathering and
dissemination of data and the
advisability of setting up
Community machinery to study the
repercussions at national level
of Community measures in this
field;
Whereas this resolution also         unchanged
called for intensified
cooperation with and between the
bodies active in this field;
Whereas the Council also stressed    unchanged
the fundamental importance of
workers being aware of the issues
 ---pagebreak---  Proposal of the Commission
 OJ C 271 du 16.10.1991)
 PREVIOUS TEXT                     AMENDED TEXT
involved and having access to
information and, if necessary, to
training if the measures
recommended in the Commission's
programme were to prove
successful;
Whereas detailed, reliable and    unchanged
objective economic, technical and
scientific data need to be
collected, processed and analysed
in order to provide the
Commission and the Member States
with the information to enable
them to respond to all the
requests addressed to them, to
introduce essential measures for
the protection of the health and
safety of workers and to provide
those concerned with adequate
information;
Whereas there are already         unchanged
organisations in the Community
and the Member States which
provide this type of information
and services;
Whereas, in order to obtain the   unchanged
maximum benefit at Community
level from work already carried
out by these organisations, it
would be appropriate to establish
a network to form a European
monitoring system for collecting
information on health and safety
at work, to be coordinated at
Community level by a European
Agency for Safety and Health at
Work;
Whereas, in order to be able to   unchanged
respond more effectively to
requests while maintaining its
responsibility for monitoring the
application of Community law, the
Commission needs a flexible
instrument designed to collect
and process information, with a
structure and with working
programmes geared to the
Commission's own functional
requirements and priorities;
Whereas it is therefore           unchanged
appropriate to set up a European
Agency for Safety and Health at
Work responsible for assisting
the Commission in carrying out
the tasks described above ;
                                  "Whereas the decision of 29
                                  October 1993 taken jointly by
                                  common agreement between the
                                  Representatives of the
                                  Governments of the Member States,
                                  meeting at Heads of State and
                                  Government level (4), stated that
                                  the seat of the European Agency
                                  for safety and health at work
 ---pagebreak---                                   G
 Proposal of the Commission
 OJ C 271 du 16.10.1991)
 PREVIOUS TEXT                       AMENDED TEXT
                                    shall be in Spain, in a city to
                                    be designated by the Spanish
                                    government; whereas the Spanish
                                    government has designated Bilbao
                                    as the seat of the Agency;
Whereas the rules and structure     Whereas the rules and structure
of the Agency must be geared        of the Agency must be geared
towards the nature of the results   towards the nature of the results
desired and should be such that     desired and should be such that
it can carry out its work in        it can carry out its work in
cooperation with existing           cooperation with existing
national and international          national, Community and
bodies;                             international bodies;
Whereas the Agency must be able     unchanged
to invite as observers
representatives of third
countries and international
organizations who share the
interests of the Community and
the Members States in the aims of
the Agency;
Whereas the Agency must have        Whereas the Agency must have
legal autonomy, while maintaining   legal autonomy, while
close links with the Community      maintaining close links with the
institutions;                       Community bodies and in
                                    particular the European
                                    Foundation for the improvement of
                                    Living and Working Conditions;
                                    Whereas the Agency will have very
                                    close operational links with the
                                    Commission and with the Advisory
                                    Committee on Safety, Hygiene and
                                    Health Protection at Work;
                                    Whereas, for its translations,
                                    the Agency will make use of the
                                    translation Center for Bodies of
                                    the European Union;
                                    Whereas a grant shall be made
                                    from the Community budget for the
                                    running of the Agency; whereas
                                    the amount considered necessary
                                    shall be determined during the
                                    annual budgetary procedure and in
                                    accordance with the Financial
                                    Perspective;
                                    Whereas once the tasks of the
                                    Agency have been determined
                                    projects relevant to those tasks
                                    at present carried out by the
                                    European Foundation for
                                     Improvement of Living and Working
 ---pagebreak---                                   ?
 Proposal of the Commission
 OJ C 271 du 16.10.1991)
 PREVIOUS TEXT                        AMENDED TEXT
                                    Conditions should be rounded off
                                    and/or handed over to the Agency
                                    to ensure consistency.
Whereas, for the adoption of this   unchanged
Regulation, the Treaty does not
provide for powers other than
those referred to in Article 235,
 HAS ADOPTED THIS REGULATION:         HAS ADOPTED THIS REGULATION:
 Article 1                           Article 1
A European Agency for Safety and    unchanged
Health at Work, hereinafter
called the "Agency', is hereby
established.
Its headquarters are located at     deleted
        in
 Article 2                           Article 2
In order to promote the             unchanged
improvement of the working
environment in particular, and to
protect 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, the Member States
and those involved in the field
with all the technical,
scientific and economic
information required in the field
of safety and health at the
workplace.
 Article 3                            Article 3
For the purpose of achieving the     L.  For the purpose of achieving
aim described in Article 2, the          the aim described in Article
Agency's role shall be:                  2, the Agency's role shall
                                         be:
 ---pagebreak---                                   s
 Proposal of the Commission
 OJ C 271 du 16.10.1991)
 PREVIOUS TEXT                        AMENDED TEXT
(a) to provide the Commission        (a) to provide the Commission
    with the technical and               with the technical and
    scientific assistance                scientific assistance
    necessary for the formulation        necessary for the preparation
    and evaluation of measures           and evaluation of measures
    envisaged in this field;             envisaged in this field;
(b) to set up, with the help of     unchanged
    the Member States, and
    coordinate the network
    provided for in Article 4 for
    the purpose of exchanging
    information and experience
    and, where appropriate, to
    coordinate the activities of
    the organisations involved at
    Community level;
(c) to promote the exchange of      (c) to gather, collate, and
    information and be                   promote the exchange of
    responsible for its                  scientific and technical
    dissemination to all those           information on priorities,
    concerned;                           programmes, risk prevention
                                         and research in the field of
                                         safety and health at work,
                                         together with other
                                         activities which have a
                                         bearing on safety and health
                                         at work, and to be
                                         responsible for dissemination
                                         of such information to all
                                         those concerned;
(d) to organise training courses    unchanged
    for experts, including
     instructors, and, if
    necessary, exchanges between
    experts in the different
    Member States;
(e) to help ensure that national    unchanged
    data on safety and health at
    the workplace are comparable
    and to identify data which
    need to be harmonised;
(f) to promote cooperation in       unchanged
    monitoring the application of
    measures relating to safety
    and health at the workplace;
(g) to cooperate with other           g) to cooperate with other
    Community bodies and                 Community bodies and
    programmes, and in particular        programmes, and in
    with the Statistical Office          particular with the European
    and the Community research           Foundation for the
    programmes for the definition        Improvement of Living and
    of research requirements and         Working Conditions, the
    exploitation of research             Statistical Office of the
    results, on matters relating         Commission and the Community
    to safety and health at the          research programmes for the
    workplace;                           definition of research
                                         requirements and exploitation
                                         of research results, on
                                         matters relating to safety
 ---pagebreak---                                   s
 Proposal of the Commission
 OJ C 271 du 16.10.1991)
 PREVIOUS TEXT                       AMENDED TEXT
                                        and health at the workplace;
(h) to cooperate with other         unchanged
    international organisations
    such as the World Health
    Organisation and the
    International Labour Office,
    and with other institutions
    and organisations in non-
    member countries;
(i) to carry out other tasks laid   Deleted
    down by the Commission with
    the agreement of the
    Administrative Board.
                                    (i) to commission studies on
                                        matters relating to safety
                                        and health at the workplace;
                                    2.  The agency shall work as
                                        closely as possible with
                                        specialised institutions,
                                        foundations and bodies
                                        throughout the Community, in
                                        Member States and at
                                        international level whose
                                        activities could affect
                                        safety and health at work,
                                        such as the European
                                        Foundation for the
                                        Improvement of Living and
                                        Working Conditions, the
                                        European Environment Agency,
                                        the European Drugs Monitoring
                                        Centre and Community Research
                                        Centers.
                                        Such co-operation shall in
                                        particular take account of
                                        the need to avoid duplication
                                        of effort.
 Article 4                           Article 4
1. The Agency shall set up a        unchanged
   network comprising the
   following:
-  the main components of the       unchanged
   national information networks,
   national focal points,           unchanged
-  thematic centres.                unchanged
 ---pagebreak---                                   Ao
 Proposal of the Commission
 OJ C 271 du 16.10.1991)
 PREVIOUS TEXT                        AMENDED TEXT
2. To enable the network to be       unchanged
   set up as quickly and
   efficiently as possible, the
   Member States must notify the
   Agency within six months of
   the entry into force of this
   Regulation of the main
   components of their national
   information networks on health
   and safety at work, including
   any institutions which they
   feel might assist the Agency
   with its work, given that the
   geographical coverage of their
   territory needs to be as
   complete as possible.
3. More particularly, they may       unchanged
   specify among the institutions
   referred to in paragraph 2 or
   other organisations in their
   territory a "national focal
   point" to be responsible for
   coordinating and/or forwarding
   national data to the Agency
   and the institutions or bodies
   belonging to the network,
   including the thematic centres
   referred to in paragraph 4.
4. Within the period referred to     unchanged
   in paragraph 2, the Member
   States may also nominate
   institutions or other
   organisations in their
   territory which might be
   specifically appointed to work
   with the Agency on certain
   topics of particular interest.
   Any such institution or other     unchanged
   organisation should be in a
   position to conclude an
   agreement with the Agency to
   act as a thematic centre for
   the network, carrying out
   specific tasks for a clearly
   defined geographical area. The
   centres shall cooperate with
   other institutions or
   organisations belonging to the
   network.
5. Within six months of receipt      unchanged
   of the information referred to
   in paragraphs 2 and 3, the
   Agency shall confirm the main
   components of the network by
   means of a decision of the
   Administrative Board and in
   accordance with the
   arrangements referred to in
   Article 5.
   The thematic centres shall be     unchanged
   appointed by a unanimous
   decision of the Administrative
   Board for a period of not more
   than three years. However, the
 ---pagebreak---                                   yiA
 Proposal of the Commission
 OJ C 271 du 16.10.1991)
 PREVIOUS TEXT                         AMENDED TEXT
   appointment may be renewed.
   The specific tasks of the          6. The specific tasks of the
   thematic centres shall be             thematic centres shall be
   listed in the Agency's annual         listed in the Agency's annual
   work programme referred to in         work programme referred to in
   Article i0(l).                        Article 10(2).
   The Agency shall, in the light     unchanged
   of experience, periodically
   re-examine the main components
   of the network referred to in
   paragraph 2 and shall
   implement any changes decided
   upon by the Administrative
   Board, taking account, where
   appropriate, of any new
   designations by the Member
   States.
 Article 5                             Article 5
The Agency may reach an agreement     unchanged
with the institutions or bodies
belonging to the network referred
to in Article 4 on the
arrangements required, and
particularly contracts, for them
to carry out their tasks. Member
States may stipulate that such
arrangements with the Agency in
respect of institutions or
national bodies on their
territory should be concluded in
agreement with the national focal
point.
 Article 6                             Article 6
The information and data supplied     unchanged
to the Agency or disseminated by
it may be published and shall be
accessible to the public,
provided that they comply with
the rules of the Community and
the Member States on the
dissemination of information,
particularly as regards
confidentiality.
 ---pagebreak---                                    A%
 Proposal of the Commission
 OJ C 271 du 16.10.1991)
 PREVIOUS TEXT                         AMENDED TEXT
 Article 7                             Article 7
The Agency shall have legal           unchanged
personality. In all Member States
it shall have the most extensive
legal capacity accorded to legal
persons under their laws.
 Article 8                             Article 8
1.   The Agency shall have an         unchanged
     Administrative Board
     consisting of:
(a)  a representative from each       unchanged
     Member State;
(b)  12 representatives from the      unchanged
     two sides of industry in the
     Member States, comprising six
     representatives from workers'
     trade union organisations and
     six representatives from
     employers' professional
     organisations, and
(c) three Commission                  unchanged
     representatives.
     The members referred to in       unchanged
     paragraph 1 (a) and (b) shall
     be appointed by the
     Commission after
     consultations with the Member
     States. The members referred
     to in paragraph 1 (b) shall
     be chosen by the Commission
     from the members of the
     Advisory Committee on Safety,
     Hygiene and Health Protection
     at Work.
     In addition to the members,      unchanged
     the Commission shall appoint,
     by the same procedure,
     deputies who shall take part
     in meetings in the absence of
     the member.
     The members and deputies         unchanged
     representing the Commission
     shall be appointed by the
     Commission.
     The members of the               unchanged
     Administrative Board shall be
     appointed for three years and
     their appointments shall be
 ---pagebreak---                                    A-5
 Proposal of the Commission
 OJ C 271 du 16.10.1991)
 PREVIOUS TEXT                          AMENDED TEXT
     renewable. On expiry of their
     term of office, or should
     they resign, the members
     shall remain in office until
     such time as their term of
     office is renewed or a
     replacement is found.
4.   The Administrative Board          4.   The Administrative Board
     shall be chaired by a                  shall elect its Chairman.
     Commission representative.
     Each member of the                     Each member of the
     Administrative Board shall             Administrative Board shall
     have one vote.                         have one vote.
5.   The Chairman shall call a         unchanged
     meeting of the Administrative
     Board at least twice a year
     and, in addition, at the
     request of at least one-third
     of the members.
6.   Decisions of the                  unchanged
     Administrative Board shall be
     taken by a two-thirds
     majority, without prejudice
     to Article 4 ( 5 ) .
7.   The Chairman of the               Deleted
     Administrative Board and the
     Director of the European
     Foundation for the
     Improvement of Living and
     Working Conditions shall
     attend meetings of the
     Administrative Board as
     observers.
                                        Article 9
 Article 9
The Administrative board may,          The Administrative board may,
with the agreement of the              after consulting the Commission,
Commission, invite representative      invite representatives of non-
of non-member countries and            member countries, Community
international organisations as         bodies and international
observers.                             organisations as observers.
 Article 10                             Article 10
1.   The Administrative Board          1.   The Administrative Board
     shall adopt the Agency's               shall adopt a four year
     annual work programme on the           rolling programme for the
     basis of a draft drawn up by           Agency covering the areas
     the Director in agreement              referred to in Article 3
     with the Commission.                   after consulting the Advisory
                                            Committee on Safety, Hygiene
                                            and Health Protection at
 ---pagebreak---                                   AH
 Proposal of the Commission
 OJ C 271 du 16.10.1991)
 PREVIOUS TEXT                        AMENDED TEXT
                                          Work, and the Commission. The
                                          first programme shall be
                                          adopted within nine months of
                                          the entry into force of this
                                          regulation.
                                     2.   Under the rolling programme,
                                          the Administrative Board
                                          shall adopt an annual work
                                          programme after consulting
                                          the Advisory Committee on
                                          Safety, Hygiene and Health
                                          Protection at Work and the
                                          Commission. The work
                                          programme may be adjusted in
                                          the course of the year by the
                                          same procedure.
     The programme may be adapted
     during the year using the
     same procedure.
2.   By 31 January each year at      3.   By 31 January each year at
     the latest, the                      the latest, the
     Administrative Board shall           Administrative Board shall
     adopt an annual general              adopt an annual general
     report on the Agency's               report on the Agency's
     activities. The Director             activities, in all Community
     shall communicate it to the          languages. This report shall
     European Parliament, the             in particular compare the
     Council, the Commission, the         results achieved with the
     Economic and Social Committee        annual work programme's
     and the Member States.               objectives. The Executive
                                          Director shall communicate it
                                          to the European Parliament,
                                          the Council, the Commission,
                                          the Economic and Social
                                          Committee and the Member
                                          States. The annual report
                                          shall be published.
 Article 11                           Article 11
1.   The Agency shall be run by a         The Agency shall be run by an
     Director appointed by the            Executive Director appointed
     Administrative Board on a            by the Administrative Board
     proposal from the Commission         on a proposal from the
     for a period of five years;          Commission for a period of
     the appointment shall be             five years; the appointment
     renewable.                           shall be renewable.
2.   The Director shall be the            The Executive Director shall
     legal representative of the          be the legal representative
     Agency and shall be                  of the Agency and shall be
     responsible for:                     responsible for:
 ---pagebreak---                                    /s'
 Proposal of the Commission
 OJ C 271 du 16.10.1991)
 PREVIOUS TEXT                         AMENDED TEXT
     the proper preparation and            the proper preparation and
     implementation of the work            implementation of the
     programme and of decisions            programmes and of decisions
     taken by the Administrative           taken by the Administrative
     Board,                                Board,
     the day-to-day administration   unchanged
     of the Agency,
     the preparation and             unchanged
     publication of the report
     referred to in Article 10,
     the execution of the work       unchanged
     described,
     all personnel matters,          unchanged
     the preparation of              unchanged
     Administrative Board
     meetings.
3.   The Director shall report on    3.    The Executive Director shall
     his activities to the                 report on his activities to
     Administrative Board.                 the Administrative Board.
 Article 12                            Article 12
     All the Agency's revenue and    unchanged
     expenditure shall be covered
     by estimates for each
     financial year, running from
     1 January to 31 December, and
     shall be shown in the
     Agency's budget.
     Revenue and expenditure shall   unchanged
     balance.
     Without prejudice to other      unchanged
     resources obtained from
     payments made for the
     services of the Agency, the
     Agency's revenue shall
     include a Community grant
     shown in the general budget
     of the European Communities.
     The Agency's main expenditure
     shall include remuneration of
     personnel, administrative and
     infrastructure costs,
     operating costs and
     expenditure relating to
     contracts entered into with
     institutions or organisations
     in implementation of the work
     programme.
 ---pagebreak---                                     A(°
  Proposal of the Commission
 OJ C 271 du 16.10.1991)
  PREVIOUS TEXT                         AMENDED TEXT
 Article 13                             Article 13
      By 15 February each year at           By 15 February each year at
      the latest, after consulting          the latest, the Executive
      the Administrative Board, the         Director shall draw up a
      Director shall draw up a              preliminary draft budget for
      draft estimate of the                 the following year and shall
      Agency's revenue and                  forward it to the
      expenditure for the following         Administrative Board,
      year, together with a list of         together with a list of
      posts.                                posts.
      The Director shall forward            The Administrative Board
      the draft estimate to the             shall draw up the draft
      Commission. On this basis the         budget and list of posts and
      Commission shall decide on            shall forward it to the
      the estimates to be entered           Commission on 31 March at the
      in the preliminary draft              latest. On this basis the
      budget which it shall place           Commission shall decide on
      before the Council, in                the estimates to be entered
      accordance with Article 203           in the preliminary draft of
      of the EEC Treaty.                    the General Budget of the
                                            European Communities, which
                                            it shall place before the
                                            Council, in accordance with
                                            Article 203 of the EC Treaty.
3.    The Administrative Board        3.    The Administrative Board
      shall adopt the Agency's              shall adopt the Agency's
      budget by the start of the            budget and list of posts by
      financial year in question,           the start of the financial
      making any adjustments                year, making any adjustments
      required to take account of           required to the Community
      the Community subsidy and the         subsidy and the Agency's
      Agency's other resources.             other resources.
 Article 14                             Article 14
1.    The Director shall implement    1.    The Executive Director shall
      the Agency's budget.                  implement the Agency's
                                            budget.
2.    The Commission's financial      unchanged
      controller shall be
      responsible for supervising
      the authorisation and payment
      of all the Agency's
      expenditure and the
      determination and collection
      of all its revenue.
 ---pagebreak---                                    Àf
 Proposal of the Commission
 OJ C 271 du 16.10.1991)
 PREVIOUS TEXT                         AMENDED TEXT
     By 31 March each year at the          By 31 March each year at the
     latest, the Director shall            latest, the Executive
     send the Commission, the              Director shall send the
     Administrative Board and the          Commission, the
     Court of Auditors the                 Administrative Board and the
     accounts of all the Agency's          Court of Auditors the
     revenue and expenditure for           accounts of all the Agency's
     the previous year. The Court          revenue and expenditure for
     of Auditors shall examine             the previous year. The Court
     these accounts in accordance          of Auditors shall examine
     with Article 206a of the EEC          these accounts in accordance
     Treaty.                               with Article 188c of the EC
                                           Treaty.
     The Administrative Board              The Administrative Board
     shall give a discharge to the         shall give a discharge to the
     Director in respect of the            Executive Director in respect
     implementation of the budget.         of the implementation of the
                                           budget.
 Article 15                            Article 15
With the agreement of the            After consulting the Commission
Commission, the Administrative       and the Court of Auditors, the
Board shall make the internal        Administrative Board shall draw
financial arrangements,              up the internal financial
specifying in particular the         regulations specifying in
detailed rules to be adopted for     particular the detailed rules to
establishing and implementing the    be adopted for establishing and
Agency's budget.                     implementing the Agency's budget,
 Article 16                            Article 16
The Protocol on the Privileges       unchanged
and Immunities of the European
Communities shall apply to the
Agency.
                                       Article 17
                                      The European Communities'
                                      arrangements pertaining to the
                                      use of languages shall apply to
                                      the Agency.
 ---pagebreak---                                    .AS
 Proposal of the Commission
 OJ C 271 du 16.10.1991)
 PREVIOUS TEXT                        AMENDED TEXT
 Article 17                           Article 18
1.   The staff of the Agency shall   unchanged
     be subject to the
     administrative rules and
     regulations applicable to the
     officials and other servants
     of the European Communities.
2.   With regard to its personnel,   unchanged
     the Agency shall have the
     powers conferred upon it by
     the appointing authority.
3.   The Administrative Board, in    unchanged
     agreement with the
     Commission, shall lay down
     appropriate rules of
     application.
 Article 18                           Article 19
     The Agency's contractual        unchanged
     liability shall be governed
     by the law applicable to the
     contract in question. The
     Court of Justice of the
     European Communities shall
     have jurisdiction pursuant to
     an arbitration clause
     contained in a contract
     concluded by the Agency.
     In the case of non-             unchanged
     contractual liability, the
     Agency shall, in accordance
     with the general principles
     common to the laws of the
     Member States, make good any
     damages caused by it or by
     its servants in the exercise
     of their duties.
     The Court of Justice shall      unchanged
     have jurisdiction in any
     disputes relating to
     compensation for such
     damages.
     The personal liability of its   unchanged
     servants towards the Agency
     shall be governed by the
     provisions applicable to the
     Agency's personnel.
                                      Article 20
                                     No later than five years after
                                     the entry into force of this
 ---pagebreak---                                    A3
 Proposal of the Commission
 OJ C 271 du 16.10.1991)
 PREVIOUS TEXT                        AMENDED TEXT
                                     regulation and after consulting
                                    the European Parliament, the
                                    Council shall, on the basis of a
                                     Commission proposal, take a
                                    decision on the allocation of
                                     further assignments to the
                                    Agency.
 Article 19                           Article 21
This Regulation shall enter into    unchanged
force on the twentieth day
following its publication in the
Official journal of the European
Communities.
This Regulation shall be binding    unchanged
in its entirety and directly
applicable in all Member States.
(1) OJ No C  28, 3.2.1988, p. 3
(2) COM(89)  568 final, 29.11.1989
(3) OJ No C  28, 3.2.1988, p.l
(4) OJ No C  323, 30.11.1993, p. 1
 ---pagebreak---                                             &D
                                                                        ISSN 0254-1475
                                                                 COM (94) 233 final
                                                        DOCUMENTS
EN                                                                                 04
                                 Catalogue number : CB-CO-94-247-EN-C
                                                                ISBN 92-77-69612-5
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