CELEX: 51991PC0564
Language: en
Date: 1992-01-13
Title: Proposal for a COUNCIL REGULATION ( EEC ) opening an annual Community tariff quota for pet food falling within CN code 2309 10 11 and an annual Community tariff quota for fish food falling within CN code ex 2309 90 41, originating in and coming from the Faroe Islands

COMMISSION OF THE EUROPEAN COMMUNITIES
                                             COM(90) 564 final
                                             Brussels, 25 September 1991
                               Proposal for a
                          COUNCIL REGULATION (EEC)
               establishing a European Agency for Safety and
                               Health at Work
1;
  !!31':               (presented by the Commission)
       m
 ---pagebreak---                                      -2-
                            EXPLANATORY MEMORANDUM
1. introduct ion
   1.1      In its programme of action on the implementation of the Community
            Charter of Fundamental Rights for Workers, the Commission made
            provision in Chapter 10, on the protection of health and safety
            at work, for the establishment of an Agency for Safety and Health
            at Work.
   1.2      In the comments which accompanied this proposal the Commission
            stressed that "... in its Resolution of 21 December 1987, the
           Council welcomed the Commission communication on its programme
           concerning safety, hygiene and health at work. Among other
            things, it called on the Commission to examine ways of improving
           the exchange of information and experience in the field
           concerned, 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 the field of safety and health at work.
           The Resolution also called for intensified cooperation with and
           between the bodies active in the field.
           The Council  also stressed the fundamental importance of workers
           being aware  of the issues involved and having access to
            information and, if necessary, to training if the measures
           recommended  in the Commission's programme were to prove
           successful.
           Recognizing the dangers not only to health and safety, but also
           to the business environment and the labour markets, of divergent
           health and safety conditions, employers' and workers'
           organizations have impressed upon the Commission the need to
           ensure that directives are implemented accurately, fully and
           equitably. They have also called for appropriate advice and
           assistance to be provided to undertakings and organizations in
           order to help them comply with the requirements imposed by
           Community directives.
           In order to respond to these requests, the Commission, while
           remaining responsible for monitoring the application of Community
           law, is to set up an Agency for Safety and Health at Work to help
           in the implementation of various programmes relating to the
           working environment, including providing technical and scientific
           assistance and coordination, and advising on training.
 ---pagebreak---                                      - 3 -
            To this end the Agency will draw on the experience of the
            European Foundation for the Improvement of Living and Working
            Conditions (Dublin Foundation).
2.  Earlier legislation
   2.1      Before the Single Act came into force, there were already a
            number of directives In the field of health and safety at work
            (on protection against risks relating to asbestos, noise and
             lead, in particular).
   2.2      Since October 1987, when the Commission adopted its programme
            concerning health and safety at work, a considerable number of
            proposed directives have been adopted, including Directive 89/391
            on improving the safety and health of workers at the workplace
            (framework Directive).
   2.3      The framework Directive provides for additional individual
            Directives to cover activities presenting a high degree of risk
            to health and safety. The following directives have already been
            adopted by the Council: workplaces, working equipment, personal
            protective equipment, VDU screens, handling heavy loads,
            carcinogenic agents and biological agents.
   2.4      As regards the protection of the safety and health of workers,
            the Commission's approach has been to ensure that Community
            legislation continues to progress across a broad front while at
            the same time fulfilling specific requirements, particularly in
            high risk sectors. In this context proposals for individual
            directives based on the framework Directive will continue to be
            drafted, to extend, amplify and reinforce the effect of the
            framework Directive in their respective fields. The Commission
           must also ensure that existing texts are updated to keep pace
           with technical progress.
3. Current situation
   3.1     The implementation of the framework Directive and the additional
            individual Directives itself represents a considerable volume of
           work for both the Member States and the Commission, which has the
            task of ensuring that these Directives are correctly transposed
            into national legislation.
           Furthermore, the Commission needs to be continually aware of what
            is happening in the Member States and what technological,
           technical and scientific advances are being made in the field of
           safety and health, so that it can, if necessary, introduce other
           proposals in the future, as well as revising or adapting existing
           Directives, often at short notice.
 ---pagebreak---                               - 4 -
     Although the Commission is able to keep abreast of new
     developments in specific sectors of activity, science and
     technology are advancing at such a rate that the Commission, with
     its current resources, cannot possibly keep up with collecting
     and objectively analysing all the new data available - often
     disparate and fragmentary in nature - in order to identify new
     dangers and then to decide whether new proposals are required.
    The revision of specific proposals also entails considerable work
     for the Commission departments involved. This is the case, for
    example, with the collection and analysis of the data required
     for the Commission to define exposure limit values for chemical
    substances. The scale of the task is considerable, as the Member
    States have laid down values for only about 1000 substances,
    whereas there are over 110 000 chemical substances listed in the
    European Inventory of Existing Chemical Substances (EINECS).
3.2 The Commission is not alone in wanting objectively analysed data.
    The Member States, the European Parliament, the social partners
    and others involved such as small and medium-sized undertakings
    are all calling for such information to be made available - but
     in many cases, for a variety of reasons, the Commission is unable
    to respond. The dynamic nature of recent Community legislation
     is also creating a demand for information, imposing ever
     increasing burdens on the Commission's departments.
3.3  In order to satisfy some of these requirements the Commission has
     introduced a bulletin for a Community information system for
    health and safety at work (JANUS) and has published a special
    edition of Social Europe on safety and health at work. The
     increasing popularity of these publications illustrates the
    enormous interest taken in this area, but conversely also leads
    to the submission of more and more requests for information to
    the Commission, which is seen by the outside world as the
    information centre for what is happening in the Member states.
    However, the reality is that the Commission collects only the
    information it needs for its own purposes, and this represents
    only a small percentage of the information currently available.
3.4 Although legislation and information have particular roles to
    play in improving safety and health at work, those concerned need
    to be given adequate training, as required in the directives.
    Here again, the Commission is being called upon to organize
    exchanges of information so that all those concerned with
    training can benefit from the latest advances, as well as
    learning about what is going on in this field in the Community.
    The Commission has organized a limited number of measures for
    instructors, but their very success has already exhausted the
    available resources, which were primarily intended for other
    activities. However, the need still exists, and it will become
 ---pagebreak---                               - 5 -
      increasingly obvious as those involved, in particular employers,
     workers, and those in charge of small and medium-sized
     undertakings, are required to ensure that they comply with the
     directives in this field, some of which are of a highly technical
     nature.
3.5 Generally speaking, the various national and international
     institutes responsible for worker safety and health (including
     the European Foundation for the Improvement of Living and Working
    Conditions) are unable to meet the demand In full. Their working
    methods do not always meet the Commission's short-term
     requirements, either because it takes too long in most cases to
    obtain the requisite information, or because of the nature of the
    work, which is not commensurate with the special interest and
    nature of Community activities.
     In the case of the Dublin Foundation, it is quite obvious that it
    was not set up to provide "technical assistance" for the
    Commission, nor would its working methods (sub-contracting) allow
     it to do so. It also has to deal with aspects of living and
    working conditions other than health and safety.
3.6  In short, to enable it to achieve its aims the Commission must
    gather together and analyse all the useful information it can
    obtain. From this point of view the current situation is
    character ized by:
          the growing difficulty which the Commission has to reply to
          the ever increasing demands which are made on it,
          the fragmentary and disparate nature of the information
          avai table,
          the Commission's dependence for data on programmes
          established elsewhere, which do not necessarily coincide with
          the strategy and priorities laid down by the Community
          author it ies,
          the virtual impostibMity for the Commission to guide studies
          and programmes conducted by third parties in the direction of
          its own priorities. (The Commission has only limited scope
          for influencing the main thrust of the Dublin Foundation's
         programme, for example).
3.7  In order to be better able to carry out its tasks, the Commission
    needs a flexible instrument designed to collect and process
    information, whose structure and working programmes are such that
    it can fulfil its own requirements according to its priorities.
    This is the object of this proposal.
3.8 The Commission believes that an Agency whose main aims and
    methods differ from those of existing bodies will be able to
    fulfil the requirements of the Community Institutions in
    developing the social aspects of the Internal Market in the field
    of health and safety. The establishment of a European Agency for
    Safety and Health at Work is in line with the policy laid down by
    the European Council, most recently the Rome Council of 27 and
 ---pagebreak---           28 October 1990, which stressed the need to give equal weight
          tosocial and economic considerations in the construction of
          Europe. It emphasized that the completion of the internal market
          should produce a real improvement in employment and in the living
          and working conditions of every citizen in the Community, and
          stressed the importance of pushing on with the action programme
          for the implementation of the Social Charter, and in particular
          *ith the proposals on health and safety at work, which need to be
          adopted without delay if the Community is to have full
          legislation governing this vital aspect of social protection.
3.9       The creation of the Agency would also comply with a request
         expressed by the European Parliament (in its Resolution of 17
         March 1989 on safety at sea), calling on the Commission to draw
         up a proposal for the creation of a European Agency on safety at
          sea, a specific matter which would be included in the Agency's
         overall remit.
3.10     As regards the budget for the Agency, a p.m. entry is currently
         scheduled for 1991. Clearly, the Agency cannot start to operate
         until a budget has been obtained, if necessary by transferring
         sums from other headings in chapter B3-4.
     Responsibilities of the Agency
     The Agency's main task would be to give the Commission direct access
     to information on and expertise in health and safety at work, and to
     assist the Commission in Implementing successive action programmes.
     It would also have to help the Community and the Member States to
     fulfil their obligations under the Treaties. It would be a centre of
     excellence, becoming the focal point in the Community for the
     technical and scientific aspects of health and safety at work not
    only for the Commission, but for all those involved in the field. It
    would also be required to help the Commission with its international
     contacts in this field.
4.1.     Technical assistance
         The Agency will be required to ensure that technical staff are
         always available to help the Commission on technical and
         scientific matters involved in the drafting and implementation of
         Community legislation, in particular:
         I.       it would have to provide the Commission with the
                  requisite technical and scientific assistance for
                  drafting and evaluating measures in this field;
         li.      it would have to be able to provide the Commission with
                  the requisite information for drafting directives and
                  other legal instruments;
         ill.     it would have to evaluate the probable impact of
                  Community health and safety legislation, particularly on
                  small and medium-sized undertakings;
 ---pagebreak---                                   - 7 -
         iv.      it would have to evaluate innovative and new technologies
                  in the field of health and safety at work, as well as the
                 safety of new products, and to encourage the testing of
                 new techniques at Community level.
 4.1.2  The Agency will be responsible for carrying out studies based on
        planned Community measures, giving priority to special topics of
         interest to the Community.
 4.1.3   It would be required to promote cooperation between institutions
         in the Community on Joint projects in order to achieve agreed
        aims more economically and effectively and to avoid duplication
       of effort.
4.2.    Network
4.2.1  The Agency would be required to set up, with help from the Member
       States, and coordinate a network comprising the main components
       of the national information networks, national focal points and
        themat ic centres.
4.2.2  The Agency would operate both as a centre and as a central
       exchange for the transfer of information on safety and health
       matters. More particularly, it would be required to provide a
       rapid response to Commission requests relating to specific
       measures. It would also have to establish and maintain close
       contact with existing institutes and organizations in the Member
       States.
4.2.3  The Agency would build on the experience of existing institutions
       and organizations, including the European Foundation for the
        improvement of Living and Working Conditions. It would bring
       added value to their work by selecting and processing information
       which is directly linked to the Commission's requirements.
4.2.4  The Agency would know about work carried out elsewhere and the
       Commission's working priorities, and would therefore be able to
       prevent duplication of effort between its own work and that of
       third parties. It would draw up lists of work currently being
       carried out in the Community as a whole.
4.2.5   It would create a network of databanks, setting up its own
       databanks for its work and linking up where appropriate with
       existing databanks. The data produced by the Agency as part of
        its day-to-day operations would be stored in a databank.
4.2.6  It would have to cooperate with other Community programmes and
       bodies which plan to take measures relating to health and safety
       at work, and in particular with the Statistical Office and the
       Community research programmes, Including the Community Bureau of
       References (CBR) and, where appropriate, with organizations
 ---pagebreak---                                      - tJ -
            outside the European Community, including international bodies
            such as the WHO, the ILO and the ISO.
   4.2.7    Although the Agency would not be involved in the standardization
            process for the completion of the Internal Market, it would have
            to be familiar with the work being done in this field,
            particularly by the CEN and CENELEC.
   4.3       Informat ion
   4.3.1     It would be required to explore the possibility of developing a
            rapid exchange system for information on health and safety at
            work, and in particular on work equipment (current and new),
            products, substances and preparations covered by Community
            legislation, so that protective and preventive measures can be
            introduced quickly. It would also have to provide the Commission
            with the information it needs to settle disputes and
            disagreements.
   4.3.2    It would have to produce publications on health and safety based
            on the information available and addressed to the general public
            and to firms, in particular small and medium-sized undertakings.
   4.4      Training
   4.4.1    To meet the needs expressed more particularly by the social
            partners, the Agency would organize training courses on specific
            subjects, including Community directives and other legal
            instruments, addressed to employers, workers, workers'
            representatives and various health and safety specialists,
            including the instructors themselves.
   4.4.2    It would also be required to organize specialized seminars on
            topical subjects, together with regular meetings of experts. If
            necessary it might organize exchanges of experts between the
            various Member States.
5.     Administrative Board
       The Administrative Board of the Agency will be quadripartite.
       As was stated earlier, it is important for the social partners to be
        involved in the running of the Agency and the selection of its
       programme. Management and workers play a fundamental part in shaping
       and implementing policy on health and safety at work. There is
                                                ••utatslaèi » -1 -ArfrfiMe&v;.
 ---pagebreak---     already an Advisory committee on Safety, Hygiene and Health
    Protection at Wo r k, which advises the Commission during the
    préparât ion of legislation in this field.
     In order to ensure the required degree of consensus between all
    parties involved, it is proposed to have the social partners on the
    Administrative Board.
    For the same reason the Chairman of the Administrative Board and the
    Director of the Foundation will be required to attend meetings of the
    Agency's Administrative Board as observers. The Administrative Board
    will be chaired by a Commission representative.
6.  Consultation procedure
6.1 The Advisory Committee on Safety, Hygiene and Health Protection at
    Work at its meeting on 29 and 30 May 1990 came out in favour of
    setting up the Agency .
6.2 The European Parliament must be consulted in accordance with the
    provisions of Article 235 of the EEC Treaty. It is also proposed to
    consult the Economic and Social Committee.
 ---pagebreak---                                        - 10 -
                                   Proposal for a
                             COUNCIL REGULATION (EEC)
                  establishing a European Agency for Safety and
                                   Health at Work
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and
 in particular Article 235 thereof,
Having regard to the proposal from the Commission^1),
Having regard to the opinion of the European Par I lament^ 2 ),
Having regard to the opinion of the Economic and Social Committee^ 3) ,
Whereas safety, hygiene and health at work are among the priorities for an
effective social policy;
Whereas the Commission has described the measures which it intends to take in
these   fields   in its programme    concerning  safety,   hygiene  and  health  at
work*4*, and    in its action programme concerning     the   implementation of the
Community Charter of Fundamental Social Rights for Workers*5^;
Whereas, in its Resolution of 21 December 1987(6), 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;
(1)  OJ No
(2)  OJ No
(3)  OJ No
(4)  OJ NO C 28, 3.2.1988, p. 3.
(5)  COM(89) 568 final, 29.11.1989.
(6)  OJ No C 28, 3.2.1988, p. 1.
 ---pagebreak---                                               11 -
Whereas    this Resolution      also called     for   intensified    cooperation    with  and
between the bodies active in this field;
Whereas the Council also stressed the fundamental importance of workers being
aware   of   the    issues   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 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     organizations     in the Community      and   the Member
States which provide this type of informat ion and services;
Whereas, in order to obtain the maximum benefit at Community level from work
already   carried out      by   these   organizations,      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 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 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;
 ---pagebreak---                                           12 -
Whereas the rules and structure of the Agency must be geared             towards the
nature of the results desired and should be such that         it can carry out its
work in cooperaton with existing national and international bodies;
Whereas the Agency must be able to invite as observers representatives of
third countries and     international organizations who share the interests of
the Community and the Member States in the aims of the Agency-,
Whereas the Agency must bave      legal autonomy, while maintaining close links
with the Community institutions;
Whereas, for the adoption of this Régulât ion, the Treaty does not provide for
powers other than those referred to in Article 235,
HAS ADOPTED THIS REGULATION:
                                      Article 1
A European Agency     for Safety   and Health at Work, hereinafter        called  the
"Agency", is hereby established.
 Its headquarters are located at             in
                                     Article 2
In order to promote the 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.
 ---pagebreak---                                           - 13 -
                                       Article 3
For the purpose of achieving the aim described              in Article 2, the Agency's
role shalI be:
    (a) to    provide    the   Commission     with    the    technical     and   scientific
        assistance necessary for the formulation and evaluation of measures
        envisaged in this field;
    (b) to set up, with the help of 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 organizations involved at Community level;
    (c) to promote the exchange of          information and be responsible for           its
        dissemination to all those concerned;
    (d) to organize training courses for experts, including instructors, and,
         if  necessary,    exchanges   between     experts     in  the   different   Member
        States;
    (e) to   help  ensure    that  national     data    on  safety   and    health  at  the
        workplace   are    comparable    and   to   identify    data   which   need   to be
        harmonized;
    (f) to promote     cooperation    in monitoring       the application of       measures
        relating to safety and health at the workplace-,
    (g) to cooperate     with other     Community     bodies and     programmes, and      in
        particular    with   the Statistical     Office and the Community          research
        programmes     for    the   definition      of     research     requirements    and
        exploitation of research results, on matters relating to safety and
        health at the workplace;
    (h) to cooperate with other international organizations such as the World
        Health Organization and the          International     Labour Office, and with
        other institutions and organizations in non-member countries;
 ---pagebreak---                                         - 14
    ( « ) to  carry  out  other   tasks    laid  down   by   the  Commission   with  the
         agreement of the Administrative Board.
                                     Article 4
1. The Agency shall set up a network comprising the following:
         the main components of the national information networks-,
         national focal points-,
    -    thematic centres.
2. To   enable   the  network  to   be   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 specify among the institutions referred to in
   paragraph 2 or other organizations 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 in paragraph 2, the Member States may also
   nominate    institutions or other organizations         in their   territory which
   might be specifically appointed to work with the Agency on certain topics
   of   particular   interest.   Any    such   institution    or  other   organization
   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
   ciearly   defined   geographical    area.   The   centres   shall  cooperate   with
   other institutions or organizations belonging to the network.
 ---pagebreak---                                       15 -
5.  Within six months of receipt 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 appointed by a unanimous decision of the
    Administrative Board for a period of not more than three years.     However,
    the appointment may be renewed.
6.  The   specific tasks of  the  thematic  centres   shall  be  listed   in the
    Agency's annual work programme referred to in Article 10(1).
7.  The Agency shall, in the light of experience, periodically reexamine 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
The Agency may reach an agreement 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
    The information and data supplied 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---                                        - 16
                                     Article 7
The Agency shall have legal personality.      In all Member States it shall have
the most extensive legal capacity accorded to legal persons under their laws.
                                     Article 8
1.  The Agency shall have an Administrative Board consisting of:
     (a) a representative from each Member State,
     (b) 12 representatives   from   the  two sides of   industry  in the Member
         States, comprising   six   representatives  from  workers'   trade   union
         organizations and six    representatives from employers' professional
         organizations, and
     (c) three Commission representatives.
2.  The members referred to in paragraph 1 (a) and (b) shall be appointed by
    the Commission after consultations with the Member States.        The members
    referred to in paragraphe (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, 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 representing the Commission shall be appointed
    by the Commission.
3.  The members of    the Administrative Board shall     be appointed    for  three
    years and their appointments shall be 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.
 ---pagebreak---                                      - 17 -
4.   The Administrative Board shall be chaired by a Commission representative.
     Each member of the Administrative Board shall have one vote.
5.  The Chairman shall call a 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 Administrative Board shall be taken by a two-thirds
    majority, without prejudice to Article 4(5).
7.  The Chairman of the 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
The Administrative Board may, with the agreement of the Commission, invite
representatives of non-member countries and    international organizations as
observers.
                                                                               *
1.  The Administrative Board shall adopt the Agency's annual work programme
    on the basis of a draft drawn up by the Director in agreement with the
    Commission.
    The programme may be adapted during the year using the same procedure.
2.  By 31 January each year at the latest, the Administrative Board shall
    adopt an annual general report on the Agency's activities. The Director
    shall   communicate  it to  the  European  Parliament,  the  Council,  the
    Commission, the Economic and Social Committee and the Member States.
 ---pagebreak---                                      - 18 -
                                   Artie!» 11
 1. The Agency shall be run by a Director appointed by the Administrative
    Board on a proposal from the Commission for a period of five years; the
    appointment shall be renewable.
2.  The Director shalI be the legal representative of the Agency and shall be
     responsible for:
         the proper preparation and implementation of the work programme and
         of decisions taken by the Administrâtive Board,
         the day-to-day administration of the Agency,
         the preparation and publication of the report referred to in Article
         10,
         the execution of the work described,
         all personnel matters,
         the preparation of Administrative Board meetings.
3.  The Director shall report on his activities to the Administrative Board.
                                   Article 12
1.  All the Agency's revenue and 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.
2.  Revenue and expenditure shall balance.
3.  Without prejudice to other 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.
 ---pagebreak---                                      - 19 -
   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 organizations in
    implementation of the work programme.
                                   Article 13
1. By 31 March each year at the latest, after consulting the Administrative
   Board,   the Director   shall  draw up   a draft    estimate  of   the  Agency's
   revenue and expenditure for the following year, together with a list of
   posts.
2. The Director shall forward the draft estimate to the Commission. On this
   basis the Commission shall decide on the estimates to be entered          in the
   preliminary   draft budget which    it shall    place before   the Council, in
   accordance with Article 203 of the EEC Treaty.
3. The Administrative Board shall adopt the Agency's budget by the start of
   the financial year    in question, making any adjustments required to take
   account of the Community subsidy and the Agency's other resources.
                                   Article 14
1. The Director shall implement the Agency's budget.
2. The   Commission's    financial   controller     shall   be   responsible    for
   supervising the authorization and payment of all the Agency's expenditure
   and the determination and collection of all its revenue.
3. By  31  March   each  year  at  the  latest, the     Director  shall   send  the
   Commission,   the  Administrative   Board   and   the  Court  of  Auditors   the
   accounts of all    the Agency's revenue and expenditure for the previous
   year. The Court of Auditors shall examine these accounts          in accordance
   with Article 206a of the EEC Treaty.
 ---pagebreak---                                         - 20 -
4.   The   Administrative Board    shall  give   a discharge   to  the  Director  in
      respect of the implementation of the budget.
                                      Art»Ç»s 15,
With the agreement of the Commission, the Administrative Board shall make the
 internal financial arrangements, specifying in particular the detailed rules
to be adopted for establishing and implementing the Agency's budget.
                                      Article 16
The Protocol on the Privileges and        Immunities of the European Communities
shall apply to the Agency.
                                     Article 17
1.   The staff of the Agency shall 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, the Agency shall have the powers conferred
     upon it by the appointing authority.
3.   The Administrative Board,     in agreement with    the Commission, shall    lay
     down appropriate rules of application.
                                     Article 18
1.   The   Agency's   contractual   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.
 ---pagebreak---                                      - 21 -
2.   In the case of non-contractual liability, the Agency shall, in accordance
     with the general principles common to the taws of the Member States, make
     good any damages caused by it or by its servants in the exercise of their
     dut ies.
     The Court of Justice shall have Jurisdiction in any disputes relating to
     compensation for such damages.
3.   The  personal  liability of  its servants  towards  the Agency   shall be
     governed by the provisions applicable to the Agency's personnel.
                                   Article 19
This Regulation shall enter   into force on the twentieth   day following that
of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in
a 11 Member States.
Done at Brussels,                                        For the Council
                                                         The President
 ---pagebreak---                                    - 22 -
                            FINANCIAL STATEMENT
1. Budgetary heading
   Chapter B3-43, item 3-4311 "European Agency for Safety and Health".
2• Classificat ion
   Non-compulsory expenditure
   Non-differentiated appropriations
3. Legal basis
   Council Regulation of              concerning the creation of a European
   Agency for Safety and Health at Work.
4. Description and Justification of the action
    In its Resolution of 21 December 1987, the Council called on the
   Commission to promote cooperation and increase the exchange of experience
   and information in the field of safety, hygiene and health protection at
   work. The Council also asked the Commission in Its Resolution to examine
   the possibility of studying the repercussions at national        level of
   Community measures taken in this field.
   The main function of such an Agency would be to provide the Community and
   the Member States with information and expertise, especially in the
   working environment, in the field of occupational safety and health, and
   to assist the Commission in the implementation of its various action
   programmes, in order to strengthen and expand the social dimension of the
   Internal Market. It should become a centre of excellence, the focal
   point in the Community for the scientific and technical aspects of health
   and safety at work.
   The specific tasks of the Agency are:
   a)  to provide the Commission with        the technical   and scientific
       assistance necessary for the formulation and evaluation of measures
       envisaged in this field;
   b)  to set up in cooperation with the Member States and to coordinate a
       network of national organizations for the purpose of exchanging
       information and experience and, where appropriate, to coordinate the
       work of these organizations at European level, particularly in the
       field of research;
   c)  to promote the exchange of information and be responsible     for  its
       dissemination to all those concerned;
 ---pagebreak---                                     - 23 -
   d)   to organize training courses for experts, including instructors, and
         if necessary exchanges between experts in the different Member
        States;
   e)   to help ensure that national data on safety and health at the
        workplace are comparable and to identify data which need to be
        harmonized;
   f) to promote cooperation in monitoring measures relating to safety and
        health at the workplace;
   g)   to cooperate with other Community programmes, and in particular with
        the Statistical Office and the Community research programmes for the
        definition of research requirements and exploitation of research
        results, on matters relating to safety and health at the workplace;
   h)   to cooperate with other international organizations such as the World
       Health Organization and the International Labour Office, and with
       other institutions or bodies in third countries;
   i) to carry out other tasks laid down by the Commission with the
       agreement of the Administrative Board .
5. Nature of expenditure
   Contribution entered in the General Budget of the European Communities
   and paid to the Agency.                                                     "
                                                                               i
6. Appropriation requested                                                     I
                                                                              v
   The appropriation required for a full financial year is:
   1. Personnel                         ECU 2.2 mi 11 ion                       \
   2. Operation                         ECU 1.0 mi 11 ion                      *
   3. Organization and distribution     ECU 2.8 mi 11 ion                      ^
                                        ECU 6.0 mi 11 ion                     '*
   1. Personnel costs comprise all expenses relating to recruitment,
       remuneration, training, insurance and personnel allowances.
       The budget corresponds to 40 persons:
       A or LA grade staff .-
            1 director
            9 translators
            10 research and administrative      officials  (data  processing,
            publication, management)
       B grade
            5 assistants
       C grade
            12 secretaries
 ---pagebreak---                                 - 24 -
    D grade
        3 messengers/drivers
2.  The operating costs comprise:
    - expenses relating to buildings (possibly renting, installation)
    - documentation costs (library, data bank)
    - sundry expenditure on supplies and equipment
3.  Organization and distribution expenses comprise:
    - publication and other dissemination expenses
    - the costs of organizing meetings and seminars, etc.
    - subsidies for work carried out.
Budgetary impact
The Community contribution will be financed through item B3-4311. The
Commission's financial contribution has been calculated on the basis of a
full financial year.
It may be re-examined according to the date of the Council Decision, the
sum paid being based on the date on which the Institute commences work.
The Community's financial contribution to the Agency will be determined
by the budgetary authority during the annual budgetary procedure.
 ---pagebreak---                                    - 25 -
                                Impact Statement
                        on competitiveness and employment
1. WHAT IS THE MAIN JUSTIFICATION FOR THIS MEASURE?
   The main Justification for the proposal for a regulation is to provide
   the Commission with direct access to information and expertise,
   especially in the field of occupational safety and health, and to assist
   the Commission in the implementation of its successive action programmes
   The proposal should also assist the Commission with its contacts in the
   field of safety and health at regional, national and international level
2. TYPES OF BUSINESSES INVOLVED
   a.   Are small businesses involved?
        Insofar as businesses are involved at all, all types are affected
        equally.
   b.   Is there a concentration in regions:
        i)  eligible for regional aid in the Member States?
       ii)  eligible for aid from the ERDF?
        No.
3. WHAT DIRECT OBLIGATIONS ARE IMPOSED ON BUSINESSES?
   The proposal for a regulation does not impose any direct obligations on
   businesses. The aim of the Agency is to supply information for the
   Community and the Member States; it will not have any legislative
   funct ion.
4. WHAT INDIRECT OBLIGATIONS ARE LOCAL AUTHORITIES LIKELY TO IMPOSE ON
   BUSINESSES?
   The proposal does not contain any obligations likely to be imposed
   indirectly on businesses by the local authorities. It should be noted
   that businesses will benefit from some of the measures planned,
   particularly in the field of training and information.
5. ARE THERE ANY SPECIAL MEASURES IN RESPECT OF SMEs?
   No.
 ---pagebreak---                                  - 26 -
6. WHAT IS THE LIKELY EFFECT?
   a.  on the competitiveness of businesses
   The proposal for a regulation should help to improve occupational safety
   and health in businesses by helping all those involved to become better
   informed, by coordinating work carried out by various bodies in the field
   of occupational safety and health and organizing exchanges of experience,
   by carrying out studies and research in this field, and by organizing
   training courses. The reduction in time lost as a result of accidents and
   work-related illnesses should help to make businesses more competitive
   without adversely affecting employment.
   b.  on employment
   By helping to improve the level of protection provided for health and
   safety in businesses, the proposal will enable them to become more
   efficient - reducing the amount of time lost as a result of accidents and
   work-related illnesses - thereby increasing their competitiveness without
   adversely affecting employment.
7. HAVE BOTH SIDES OF INDUSTRY BEEN CONSULTED?
   WHAT WAS THEIR OPINION?
   The social partners were consulted in the Advisory Committee on Safety,
   Hygiene and Health Protection at Work.
   The Advisory Committee came out generally in favour of the proposal at
   its meeting on 29 and 30 May 1990.
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(90) 564 final
                                                      DOCUMENTS
EN                                                                              04
                                 Catalogue number : CB-CO-91-386-EN-C
                                                             ISBN 92-77-75634-9
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