Council Regulation (EC) No 2051/2004 of 25 October 2004 amending Regulation (EEC) No 337/75 establishing a European Centre for the Development of Vocational Training

of 25 October 2004

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

Preamble

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof,

Having regard to the proposal of the Commission,

Having regard to the opinion of the European Parliament ¹ ,

Having regard to the opinion of the European Economic and Social Committee ² ,

Having regard to the opinion of the Committee of the Regions,

Whereas:

(1) Council Regulation (EEC) No 337/75 of 10 February 1975 establishing a European Centre for the Development of Vocational Training ³ includes provisions concerning the organisation of the Centre, and in particular its Management Board. Those provisions have been amended several times following each accession of new Member States, when new members had to be added to the Management Board.

(2) An external evaluation of the European Centre for the Development of Vocational Training (hereinafter the Centre) was carried out in 2001. The Commission's response and the Action Plan established by the Management Board on the basis of that response underline the need to adapt the provisions of Regulation (EEC) No 337/75 in order to maintain the efficiency and effectiveness of the Centre and of its management structures.

(3) The European Parliament has called upon the Commission to review the composition and working methods of agencies' boards and to put forward appropriate proposals.

(4) A Joint Opinion concerning the future governance and functioning of the Boards of the European Agency for Safety and Health at Work, of the Centre and of the European Foundation for the Improvement of Living and Working Conditions has been submitted to the Commission by their respective management or administrative Boards.

(5) The tripartite governance of the European Agency for Safety and Health at Work, the Centre and the European Foundation for the Improvement of Living and Working Conditions by representatives of governments, employers’ organisations and employees’ organisations, is fundamental to the success of those bodies.

(6) The participation of the social partners in the governance of those three Community bodies creates a specificity, which requires them to function according to common rules.

(7) The existence, within the tripartite Board, of the three groups, drawn from government, employers and employees and the designation of a coordinator for the groups of employers and employees have proved to be essential. That arrangement should therefore be formalised and also extended to the government group.

(8) The maintenance of the tripartite representation from each Member State ensures that all major stakeholders are involved and that account is taken of the diversity of systems and approaches which characterise vocational training issues.

(9) It is necessary to anticipate the practical consequences for the Centre of the forthcoming enlargement of the Union. The composition and functioning of its Board should be adjusted to take account of the accession of new Member States.

(10) The Bureau, provided for in the Rules of Procedure of the Management Board, needs to be strengthened in order to ensure continuity in the functioning of the Centre and efficiency in its decision making. The composition of the Bureau should continue to reflect the tripartite structure of the Board.

(11) According to Article 3 of the Treaty, the Community is to aim to eliminate inequalities, and promote equality, between men and women in all its activities. It is therefore appropriate to make provision for encouraging a balanced representation of men and women in the composition of the Governing Board and the Bureau.

(12) Regulation (EEC) No 337/75 should, therefore, be amended accordingly.

(13) The Treaty does not provide, for the adoption of this Regulation, for powers other than those under Article 308,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 337/75 is hereby amended as follows:

1. in Article 3, paragraph 2 shall be replaced by the following: ‘2. In carrying out its tasks, the Centre shall establish appropriate contacts, particularly with specialised bodies, whether public or private, national or international, with public authorities and educational institutions and with workers' and employers’ organisations. In particular, the Centre shall ensure appropriate cooperation with the European Training Foundation, without prejudice to its own aims.’;

3. in Article 7, paragraphs 1 and 2 shall be replaced by the following: ‘1. The Director shall be responsible for the management of the Centre and shall implement the decisions of the Governing Board and the Bureau. He shall be the legal representative of the Centre. 2. He shall prepare and organise the work of the Governing Board and the Bureau and provide the secretariat for their meetings.’;

4. in Article 8, paragraph 1 shall be replaced by the following: ‘1. On the basis of a draft submitted by the director, the Governing Board shall adopt the medium term priorities and the annual work programme in agreement with the Commission services. The programme shall take into account the priority needs indicated by the Community institutions.’;

5. each time the term ‘Management Board’ appears in the articles, it shall be replaced by the term ‘Governing Board’.

Article 2

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

Final provisions

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Luxembourg, 25 October 2004. For the Council The President R. VERDONK

¹ Opinion of 31 March 2004 (not yet published In the Official Journal).

² OJ C 112, 30.4.2004, p. 53 .

³ OJ L 39, 13.2.1975, p. 1 . Regulation as last amended by Regulation (EC) No 1655/2003 ( OJ L 245, 29.9.2003, p. 41 ).

Opinion of 31 March 2004 (not yet published In the Official Journal). ↩ ↩²
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. Regulation as last amended by Regulation (EC) No 1655/2003 (). ↩ ↩²