REPORT on the proposal for a regulation of the European Parliament and of the Council establishing the European Foundation for the improvement of living and working conditions (Eurofound), and repealing Council Regulation (EEC) No 1365/75
28.7.2017 - (COM(2016)0531 – C8-0342/2016 – 2016/0256(COD)) - ***I
Committee on Employment and Social Affairs
Rapporteur: Enrique Calvet Chambon
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
on the proposal for a regulation of the European Parliament and of the Council establishing the European Foundation for the improvement of living and working conditions (Eurofound), and repealing Council Regulation (EEC) No 1365/75
(COM(2016)0531 – C8-0342/2016 – 2016/0256(COD))
(Ordinary legislative procedure: first reading)
The European Parliament,
– having regard to the Commission proposal to Parliament and the Council (COM(2016)0531),
– having regard to Article 294(2) and point (a) of Article 153(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0342/2016),
– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,
– having regard to the opinion of the European Economic and Social Committee of 30 March 2017[1],
– after consulting the Committee of the Regions,
– having regard to Rule 59 of its Rules of Procedure,
– having regard to the report of the Committee on Employment and Social Affairs and the opinion of the Committee on Budgets (A8-0275/2017),
1. Adopts its position at first reading hereinafter set out;
2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;
3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Amendment 1 Proposal for a regulation Recital 1 | |
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Text proposed by the Commission |
Amendment |
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(1) The European Foundation for the improvement of living and working conditions (Eurofound) was established by Regulation (EEC) No 1365/753 to contribute to the planning and establishment of better living and working conditions through action designed to increase and disseminate knowledge likely to assist this development. |
(1) The European Foundation for the improvement of living and working conditions (Eurofound) was established by Council Regulation (EEC) No 1365/753 to contribute to the planning and establishment of better living and working conditions through action designed to increase and disseminate knowledge likely to assist this development. Eurofound should provide policy makers, the social partners and other relevant stakeholders with specialised and added value information in its area of expertise. |
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3 Regulation (EEC) No 1365/75 of the Council of 26 May 1975 on the creation of a European Foundation for the improvement of living and working conditions (OJ L 139, 30.5.1975, p.1). |
3 Council Regulation (EEC) No 1365/75 of 26 May 1975 on the creation of a European Foundation for the improvement of living and working conditions (OJ L 139, 30.5.1975, p.1). |
Amendment 2 Proposal for a regulation Recital 2 | |
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Text proposed by the Commission |
Amendment |
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(2) Since its establishment in 1975 Eurofound has played an important role in supporting the improvement of living and working conditions throughout the European Union. At the same time the concepts and significance of living and working conditions have evolved under the influence of societal developments and fundamental changes in the labour markets. In this light terminological adjustments are required in describing the objectives and tasks of Eurofound as compared to Regulation (EEC) No 1365/75. |
(2) Since its establishment in 1975 Eurofound has played an important role in supporting the improvement of living and working conditions throughout the European Union. At the same time the concepts and significance of living and working conditions have evolved under the influence of societal developments and fundamental changes in the labour markets and with regard to living and working conditions. In this light terminological adjustments are required in describing the objectives and tasks of Eurofound as compared to Regulation (EEC) No 1365/75. |
Amendment 3 Proposal for a regulation Recital 5 | |
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Text proposed by the Commission |
Amendment |
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(5) As the three so-called tripartite agencies, the European Foundation for the improvement of living and working conditions (Eurofound), the European Agency for Safety and Health at Work (EU-OSHA) and the European Centre for the Development of Vocational Training (CEDEFOP) address issues related to the labour market and working environment and vocational education and training and skills, close coordination among the three Agencies is required and ways to enhance efficiency and synergies should be exploited. In addition, where relevant, the Agency should seek to engage in efficient cooperation with the European Commission's in-house research capacities. |
(5) As the three tripartite agencies, Eurofound, the European Agency for Safety and Health at Work (EU-OSHA) and the European Centre for the Development of Vocational Training (Cedefop), address issues related to the labour market and working environment and vocational education and training and skills, close coordination among them is required. The agencies should therefore complement one another in their work where they have similar fields of interest, while boosting tools that function well, such as the Memorandum of Understanding between Eurofound and EU-OSHA. They should exploit ways to enhance efficiency and synergies and avoid any duplication in their mandates, objectives and activities, between each other and between them and the Commission. In addition, where relevant, Eurofound should seek to cooperate efficiently with the in-house research capacities of the Union institutions. |
Amendment 4 Proposal for a regulation Recital 5 a (new) | |
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Text proposed by the Commission |
Amendment |
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(5a) It is also important that Eurofound works closely with related bodies at international, Union and national level, such as the European Economic and Social Committee and the International Labour Organization (ILO), providing analysis and knowledge on social, employment and work-related policies. In order to obtain maximum benefit, it is appropriate that Eurofound establish links with national bodies, that are tripartite where possible, where appropriate. It is also important that Eurofound has very close functional links with the Employment Committee (EMCO) and the Social Protection Committee (SPC), in order to ensure coordination and synergies, as well as with the ILO. |
Amendment 5 Proposal for a regulation Recital 5 b (new) | |
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Text proposed by the Commission |
Amendment |
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(5b) The tripartite nature of Eurofound, EU-OSHA and Cedefop is a highly valuable expression of a comprehensive approach based on the social dialogue between the social partners and Union and national authorities, which is extremely important for the purpose of finding joint and sustainable social and economic solutions. |
Amendment 6 Proposal for a regulation Recital 6 a (new) | |
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Text proposed by the Commission |
Amendment |
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(6a) In order to ensure its full autonomy and independence and to enable it properly to perform its objectives and tasks assigned in accordance with this Regulation, Eurofound should be granted an adequate and autonomous budget with revenue stemming essentially from a contribution from the general budget of the Union. The Union budgetary procedure should be applicable to Eurofound as far as the Union contribution and any other subsidies chargeable to the general budget of the Union are concerned. Eurofound’s accounts should be audited by the European Court of Auditors. |
Amendment 7 Proposal for a regulation Recital 6 b (new) | |
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Text proposed by the Commission |
Amendment |
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(6b) Eurofound's budget should be prepared in accordance with the principle of performance-based budgeting, taking into account its objectives and expected results. |
Amendment 8 Proposal for a regulation Recital 8 a (new) | |
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Text proposed by the Commission |
Amendment |
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(8a) Regarding Eurofound’s governance, in order to ensure a change in its membership over time, the Management Board should consider limiting the number of consecutive terms that its members can serve, by means of its operating rules or other mechanisms. |
Amendment 9 Proposal for a regulation Recital 8 b (new) | |
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Text proposed by the Commission |
Amendment |
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(8b) The translation services required for Eurofound’s functioning should be provided, to the extent possible, by the Translation Centre of the Bodies of the European Union (Translation Centre). Where appropriate, such as because of the urgency of a translation or the high workload of the Translation Centre, other translation service providers should also be able to provide such translation services. Such translation service providers should ensure the same level of quality as the Translation Centre at a cost that is no higher, should comply with Union environmental, labour and social standards, and should respect public procurement rules, where appropriate. |
Amendment 10 Proposal for a regulation Article 1 – paragraph 2 | |
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Text proposed by the Commission |
Amendment |
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2. The objectives of the Agency shall be to increase and disseminate knowledge to assist the Commission, other EU institutions and bodies, Member States and social partners in shaping and implementing policies aimed at the improvement of living and working conditions, in supporting employment policies and in promoting the dialogue between management and labour. |
2. The objectives of the tripartite Agency shall be to increase and disseminate knowledge to assist the Union institutions and bodies, the Member States, the social partners and other relevant stakeholders in shaping and implementing policies in the medium and long-term aimed at the improvement of living and working conditions, in supporting employment policies and in promoting the dialogue between management and labour. |
Amendment 11 Proposal for a regulation Article 2 – paragraph 1 – point b | |
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Text proposed by the Commission |
Amendment |
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(b) analyse trends in living and working conditions and labour market developments; |
(b) collect data by means of surveys and analyse trends in living and working conditions and labour market developments; |
Amendment 12 Proposal for a regulation Article 2 – paragraph 1 – point d a (new) | |
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Text proposed by the Commission |
Amendment |
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(da) carry out studies and, in areas of the Agency’s expertise, carry out pilot projects and preparatory actions on the basis of indirect management pursuant to Article 54(2) and Article 58(1)(c)(iv) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council1a.; |
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1a. Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1). |
Amendment 13 Proposal for a regulation Article 2 – paragraph 1 – point e a (new) | |
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Text proposed by the Commission |
Amendment |
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(ea) based on its analysis and research, provide policy makers, including the social partners, with research-based policy proposals in the field of living and working conditions; |
Justification | |
Eurofound’s strength is also to take the step from analysis and research to transfer this into valuable ideas for policy-making. This should be explicit in its tasks and mandate. | |
Amendment 14 Proposal for a regulation Article 2 – paragraph 1 – subparagraph 1 a (new) | |
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Text proposed by the Commission |
Amendment |
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The Agency shall continue its production of surveys in order to secure the continuity of comparative analyses and trends in living and working conditions and labour market developments in the Union. To that end, the financial and human resources necessary shall be assessed and provided to the Agency according to the evolution of the costs of the surveys. |
Amendment 15 Proposal for a regulation Article 2 – paragraph 1 a (new) | |
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Text proposed by the Commission |
Amendment |
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1a. Before commissioning an external organisation to undertake studies in the Agency’s areas of expertise, the Union institutions shall consult the Agency in order to check its availability, its expertise in the area and studies that it has conducted, and shall consider allocating, where necessary, resources to the Agency on a temporary basis. |
Amendment 16 Proposal for a regulation Article 2 – paragraph 2 | |
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Text proposed by the Commission |
Amendment |
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2. In carrying out its tasks, the Agency shall maintain a close dialogue particularly with specialised bodies, whether public or private, public authorities and workers' and employers’ organisations. The Agency, without prejudice to its own aims, shall ensure cooperation with other European Union Agencies aimed at avoiding overlaps and promoting synergy and complementarity in their activities, in particular with the European Agency for Safety and Health at Work, the European Centre for the Development of Vocational Training and, where relevant, with other EU Agencies. |
2. In carrying out its tasks, the Agency shall maintain a close dialogue particularly with specialised bodies, whether public or private, national or international, with public authorities, with educational institutions, with workers' and employers' organisations and, where they exist, with national tripartite bodies. The Agency, without prejudice to its own aims, shall ensure cooperation with other Union agencies aimed at avoiding overlaps and promoting synergy and complementarity in their activities, including the possibility of working jointly, in particular with EU-OSHA, with Cedefop and, where relevant, with other Union agencies. |
Amendment 17 Proposal for a regulation Article 2 – paragraph 2 a (new) | |
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Text proposed by the Commission |
Amendment |
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2a. The Agency shall conclude cooperation agreements with other relevant Union agencies in order to facilitate and promote cooperation with them. |
Amendment 18 Proposal for a regulation Article 3 – paragraph 1 – point c | |
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Text proposed by the Commission |
Amendment |
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(c) an Executive Director who shall exercise the responsibilities set out in Article 11. |
(c) an Executive Director and a Deputy Director who shall exercise the responsibilities set out in Articles 11 and 11a respectively |
Amendment 19 Proposal for a regulation Article 4 – paragraph 1 – subparagraph 1 – point d a (new) | |
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Text proposed by the Commission |
Amendment |
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(da) three independent experts appointed by the European Parliament; |
Amendment 20 Proposal for a regulation Article 4 – paragraph 1 – subparagraph 3 | |
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Text proposed by the Commission |
Amendment |
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The members referred to in points (a), (b) and (c) shall be appointed by the Council on the basis of lists of candidates submitted by the Member States, the European employers’ and employees’ organisations respectively. The Commission shall appoint the members who are to represent it. |
The members referred to in points (a), (b) and (c) shall be appointed by the Council on the basis of lists of candidates submitted by the Member States, the European employers’ and employees’ organisations respectively. The Commission shall appoint the members who are to represent it. The responsible committee of the European Parliament shall appoint the experts referred to in point (da) of the first subparagraph after verifying that the appointments raise no conflicts of interest. |
Amendment 21 Proposal for a regulation Article 4 – paragraph 3 | |
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Text proposed by the Commission |
Amendment |
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3. Members of the Management Board and their alternates shall be appointed in light of their knowledge in the field of social and work-related policies, taking into account relevant managerial, administrative and budgetary skills. All parties represented in the Management Board shall make efforts to limit turnover of their representatives, in order to ensure continuity of the board's work. All parties shall aim to achieve a balanced representation between men and women on the Management Board. |
3. Members of the Management Board and their alternates shall have appropriate knowledge in the field of social and work-related policies, as well as relevant managerial, administrative and budgetary skills. All parties represented in the Management Board shall make efforts to limit turnover of their representatives, in order to ensure continuity of the board's work. When appointing their respective representatives and alternates to the Management Board, the European Parliament, the Commission, the Member States and the social partners shall ensure a balanced representation between men and women. |
Amendment 22 Proposal for a regulation Article 4 – paragraph 3 a (new) | |
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Text proposed by the Commission |
Amendment |
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3a. Each member and alternate member shall sign a written declaration of interests when taking office and shall update it when there is a change of circumstances in that regard. The Agency shall publish the declarations of interests and updates on its website. |
Amendment 23 Proposal for a regulation Article 4 – paragraph 4 | |
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Text proposed by the Commission |
Amendment |
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4. The term of office for members and their alternates shall be four years. That term shall be extendable. Upon the expiry of their term of office or in the event of their resignation, members shall remain in office until their appointments are renewed or until they are replaced. |
4. The term of office for members and their alternates shall be four years. That term may be renewed. Upon the expiry of their term of office or in the event of their resignation, members shall remain in office until their appointments are renewed or until they are replaced. The Members of the Management Board shall ensure that the general interests of the Union and of the Agency are upheld. |
Amendment 24 Proposal for a regulation Article 4 – paragraph 5 a (new) | |
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Text proposed by the Commission |
Amendment |
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5a. A representative of EU-OSHA, a representative of Cedefop and a representative of the European Training Foundation shall have the right to participate as observers at the meetings of the Management Board in order to enhance the efficiency of the agencies and the synergies between them. |
Amendment 25 Proposal for a regulation Article 5 – paragraph 1 – point a | |
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Text proposed by the Commission |
Amendment |
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(a) give the general orientations for the agency's activities and adopt each year the Agency's programming document by a majority of two-thirds of the members entitled to vote and in accordance with Article 6; |
(a) give the strategic orientations for the agency's activities, and adopt each year the Agency's programming document by a majority of two-thirds of the members entitled to vote and in accordance with Article 6; |
Amendment 26 Proposal for a regulation Article 5 – paragraph 1 – point f | |
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Text proposed by the Commission |
Amendment |
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(f) adopt rules for the prevention and management of conflicts of interest in respect of its members and independent experts; |
(f) adopt rules, including measures for detecting potential risks at an early stage, for the prevention and management of conflicts of interest in respect of its members and independent experts as well as for seconded national experts and other staff not employed by the Agency, as referred to in Article 20; |
Amendment 27 Proposal for a regulation Article 5 – paragraph 1 – point g | |
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Text proposed by the Commission |
Amendment |
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(g) adopt and regularly update the communication and dissemination plans based on an analysis of needs; |
(g) adopt and regularly update the communication and dissemination plans based on an analysis of needs and reflect this in the Agency´s programming document; |
Amendment 28 Proposal for a regulation Article 5 – paragraph 1 – point k | |
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Text proposed by the Commission |
Amendment |
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(k) appoint the Executive Director and where relevant extend the term of office or remove the Executive Director from office in accordance with Article 19; |
(k) appoint the Executive Director and the Deputy Director, and, where relevant renew the term of office or remove them from office in accordance with Article 19; |
Amendment 29 Proposal for a regulation Article 5 – paragraph 1 – point n | |
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Text proposed by the Commission |
Amendment |
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(n) take all decisions on the establishment of the Agency's internal structures and, where necessary, their modification, taking into consideration the Agency's activity needs as well as having regard to sound budgetary management. |
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Justification | |
This provision for the Management Board to adopt all internal structures (and modifications) needs to be clarified as it would mean in practice micromanagement and could block any initiative of the director when needs to take executive management decisions. | |
Amendment 30 Proposal for a regulation Article 6 – paragraph 3 | |
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Text proposed by the Commission |
Amendment |
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3. The annual work programme shall comprise detailed objectives and expected results including performance indicators. It shall also contain a description of the actions to be financed and an indication of the financial and human resources allocated to each action, in accordance with the principles of activity-based budgeting and management. The annual work programme shall be coherent with the multi-annual work programme referred to in paragraph 5. It shall clearly indicate tasks that have been added, changed or deleted in comparison with the previous financial year. |
3. The annual work programme shall comprise detailed objectives and expected results including performance indicators, as well as activities and programmes that are to be subject to ex ante or ex post evaluation. It shall also contain a description of the actions to be financed and an indication of the financial and human resources allocated to each action, in accordance with the principles of activity-based budgeting and management. The annual work programme shall be coherent with the multi-annual work programme referred to in paragraph 5. It shall clearly indicate tasks that have been added, changed or deleted in comparison with the previous financial year. Annual and multi-annual programming shall include the strategy for relations with third countries and international organisation referred to in Article 30 and the actions linked to that strategy. |
Amendment 31 Proposal for a regulation Article 6 – paragraph 5 – subparagraph 2 | |
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Text proposed by the Commission |
Amendment |
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The resource programming shall be updated annually. The strategic programming shall be updated where appropriate, and in particular to address the outcome of the evaluation referred to in Article 28. |
The resource programming shall be updated annually. The strategic programming shall be updated where appropriate, and in particular to address the outcome of the evaluation referred to in Article 28. Where new tasks are conferred upon the Agency by the Union institutions or by Union legal acts, this shall be taken into account in its resource and financial programming. |
Amendment 32 Proposal for a regulation Article 7 – paragraph 1 | |
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Text proposed by the Commission |
Amendment |
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1. The Management Board shall elect a Chairperson and three Deputy Chairpersons as follows – one from amongst the members representing Member States, one from amongst the members representing employers' organisations, one from amongst the members representing employees' organisations and one from amongst the members representing the Commission. The Chairperson and the Deputy Chairpersons shall be elected by a majority of two-thirds of members of the Management Board with voting rights. |
1. The Management Board shall elect a Chairperson and three Deputy Chairpersons as follows – one from amongst the members representing Member States, one from amongst the members representing employers' organisations, one from amongst the members representing employees' organisations and one from amongst the members representing the Commission. The Chairperson and the Deputy Chairpersons shall be elected by a majority of two-thirds of members of the Management Board with voting rights. The Management Board shall ensure a balanced representation between men and women for the Chairperson and the Deputy Chairpersons, taken together. |
Amendment 33 Proposal for a regulation Article 8 – paragraph 4 | |
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Text proposed by the Commission |
Amendment |
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4. The Management Board may invite any person whose opinion may be of interest to attend its meetings as an observer. |
4. The Management Board may invite any person whose opinion may be of interest to attend its meetings as an observer. Third-country EEA States that participate in the Agency’s activities may be represented at the Management Board meetings with observer status. |
Amendment 34 Proposal for a regulation Article 10 – paragraph 3 | |
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Text proposed by the Commission |
Amendment |
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3. Where necessary, because of urgency, the Executive Board may take certain provisional decisions on behalf of the Management Board, in particular on administrative management matters, including the suspension of the delegation of the appointing authority powers and budgetary matters. |
3. Where necessary, because of urgency, the Executive Board may take certain provisional decisions on behalf of the Management Board. |
Amendment 35 Proposal for a regulation Article 10 – paragraph 4 | |
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Text proposed by the Commission |
Amendment |
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4. The Executive Board shall be composed of the Chairperson of the Management Board, the three Deputy Chairpersons, the coordinators of the three groups as referred to in Article 4 (5) and one representative of the Commission. Each group referred to in Article 4 (5) may designate up to two alternates to attend the meetings of the Executive Board, in the absence of the full members. The Chairperson of the Management Board shall also be the Chairperson of the Executive Board. The Executive Director shall take part in the meetings of the Executive Board, but shall not have the right to vote. |
4. The Executive Board shall be composed of the Chairperson of the Management Board, the three Deputy Chairpersons, the coordinators of the three groups as referred to in Article 4 (5) and one representative of the Commission. Each group referred to in Article 4 (5) may designate up to two alternates to attend the meetings of the Executive Board in the absence of the full members, ensuring a balanced representation between men and women. The Chairperson of the Management Board shall also be the Chairperson of the Executive Board. The Executive Director shall take part in the meetings of the Executive Board, but shall not have the right to vote. |
Amendment 36 Proposal for a regulation Article 10 – paragraph 5 | |
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Text proposed by the Commission |
Amendment |
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5. The term of office of members of the Executive Board shall be two years. That term shall be extendable. The term of office of members of the Executive Board shall end when their membership of the Management Board ends. |
5. The term of office of members of the Executive Board shall be two years. That term may be renewed. The term of office of members of the Executive Board shall end when their membership of the Management Board ends. |
Amendment 37 Proposal for a regulation Article 10 – paragraph 6 | |
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Text proposed by the Commission |
Amendment |
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6. The Executive Board shall meet three times a year. The Chairperson can convene additional meetings at the request of its members |
6. The Executive Board shall meet three times a year. The Chairperson may convene additional meetings at the request of its members. Each coordinator shall inform members of his or her own group, after each meeting, of the content of the discussion, in timely and transparent manner. |
Amendment 38 Proposal for a regulation Article 11 – paragraph 1 | |
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Text proposed by the Commission |
Amendment |
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1. The Executive Director shall manage the Agency. The Executive Director shall be accountable to the Management Board. |
1. The Executive Director shall be responsible for the overall management of the Agency in accordance with the strategic direction set by the Management Board and shall be accountable to the Management Board. |
Amendment 39 Proposal for a regulation Article 11 – paragraph 5 – point f | |
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Text proposed by the Commission |
Amendment |
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(f) preparing an action plan following-up conclusions of internal or external audit reports and evaluations, as well as investigations by the European Anti-fraud Office (OLAF) and reporting on progress twice a year to the Commission and regularly to the Management Board and the Executive Board; |
(f) preparing an action plan following-up conclusions of internal or external audit reports and evaluations, as well as investigations by the European Anti-fraud Office (OLAF) and reporting regularly on progress to the Commission and regularly to the Management Board and the Executive Board; |
Amendment 40 Proposal for a regulation Article 11 – paragraph 5 – point f a | |
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Text proposed by the Commission |
Amendment |
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(fa) ensuring gender balance within the Agency; |
Amendment 41 Proposal for a regulation Article 11 – paragraph 5 – point j | |
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Text proposed by the Commission |
Amendment |
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(j) preparing the Agency’s draft statement of estimates of revenue and expenditure and implementing its budget. |
(j) preparing the Agency’s draft statement of estimates of revenue and expenditure and implementing its budget, as part of the Agency’s programming document; |
Amendment 42 Proposal for a regulation Article 11 – paragraph 5 – point j a (new) | |
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Text proposed by the Commission |
Amendment |
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(ja) in accordance with the decision referred to in Article 5(2), taking decisions with regard to the management of human resources; |
Amendment 43 Proposal for a regulation Article 11 – paragraph 5 – point j b (new) | |
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Text proposed by the Commission |
Amendment |
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(jb) taking decisions with regard to the Agency’s internal structures and, where necessary, their amendment, taking into account the needs relating to the Agency’s activities and sound budgetary management; |
Amendment 44 Proposal for a regulation Article 11 – paragraph 5 – point j c (new) | |
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Text proposed by the Commission |
Amendment |
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(jc) cooperating with other Union agencies, and concluding cooperation agreements with them. |
Amendment 45 Proposal for a regulation Article 11 – paragraph 6 | |
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Text proposed by the Commission |
Amendment |
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6. The Executive Director shall also be responsible for deciding whether it is necessary for the purpose of carrying out the Agency's tasks in an efficient and effective manner to establish one or more local offices in one or more Member States. That decision requires the prior consent of Commission, the Management Board and the Member State where the local office is to be established. That decision shall specify the scope of the activities to be carried out at that local office in a manner that avoids unnecessary costs and duplication of administrative functions of the Agency. |
6. The Executive Director shall also be responsible for deciding whether it is necessary for the purpose of carrying out the Agency’s tasks in an efficient and effective manner to establish one local office in Brussels as a liaison office to further the Agency’s cooperation with the relevant Union institutions. That decision shall be subject to the prior consent of the Commission, the Management Board and the Member States where the local office is to be established. That decision shall specify the scope of the activities to be carried out at that local office in a manner that avoids unnecessary costs and duplication of administrative functions of the Agency. |
Amendment 46 Proposal for a regulation Chapter II – Section 3 a (new) | |
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Text proposed by the Commission |
Amendment |
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Section 3 a: Deputy Director |
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Article 11a |
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Deputy Director |
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1. The Deputy Director shall support the Executive Director in carrying out the Agency’s functions and activities. Without prejudice to paragraph 3, the Deputy Director shall be under the authority of the Executive Director. The Executive Director shall present details of the Deputy Director’s functions to the Management Board for approval. |
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2. The Deputy Director may attend, and accompany the Executive Director at, the meetings of the Management Board and the Executive Board. |
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3. Article 19 shall apply mutatis mutandis to the Deputy Director. |
Amendment 47 Proposal for a regulation Article 14 – paragraph 1 – subparagraph 1 a (new) | |
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Text proposed by the Commission |
Amendment |
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The provisional draft estimate shall be based on the objectives and expected results of the annual programming document referred to in Article 6(1) and shall take into account the financial resources necessary to achieve those objectives and expected results, in accordance with the principle of performance-based budgeting. |
Amendment 48 Proposal for a regulation Article 14 – paragraph 4 | |
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Text proposed by the Commission |
Amendment |
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4. The Commission shall send the draft estimates to the budgetary authority together with the draft general budget of the Union. |
4. The Commission shall submit the draft estimates to the budgetary authority and to the Agency together with the draft general budget of the Union. |
Amendment 49 Proposal for a regulation Article 19 – paragraph 2 – subparagraph 1 | |
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Text proposed by the Commission |
Amendment |
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The Executive Director shall be appointed by the Management Board, from a list of candidates proposed by the Commission, following an open and transparent selection procedure. |
The Executive Director shall be appointed by the Management Board, from a list of candidates proposed by the Commission, following an open and transparent selection procedure which guarantees rigorous assessment of the candidates and a high degree of independence. Before his or her appointment, the candidate selected shall attend a hearing of the responsible committee of the European Parliament. |
Amendment 50 Proposal for a regulation Article 19 – paragraph 4 | |
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Text proposed by the Commission |
Amendment |
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4. The Management Board, acting on a proposal from the Commission that takes into account the assessment referred to in paragraph 3, may extend the term of office of the Executive Director once, for no more than five years. |
4. The Management Board, acting on a proposal from the Commission that takes into account the assessment referred to in paragraph 3, may renew the term of office of the Executive Director once, for no more than five years. |
Amendment 51 Proposal for a regulation Article 19 – paragraph 5 | |
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Text proposed by the Commission |
Amendment |
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5. An Executive Director whose term of office has been extended may not participate in another selection procedure for the same post at the end of the overall period. |
5. An Executive Director whose term of office has been renewed may not participate in another selection procedure for the same post at the end of the overall period. |
Amendment 52 Proposal for a regulation Article 19 – paragraph 6 | |
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Text proposed by the Commission |
Amendment |
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6. The Executive Director may be removed from office only upon a decision of the Management Board acting on a proposal from the Commission. |
6. The Executive Director may be removed from office only upon a decision of the Management Board acting on a proposal from the Commission, on the basis of a reasoned assessment of his or her performance as Executive Director. |
Amendment 53 Proposal for a regulation Article 21 – paragraph 4 | |
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Text proposed by the Commission |
Amendment |
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4. The Agency may establish local offices in one or more Member States, subject to their consent and in accordance with Article 11 (6). |
4. The Agency may establish a liaison office in Brussels in accordance with Article 11 (6). |
Amendment 54 Proposal for a regulation Article 23 – paragraph 3 | |
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Text proposed by the Commission |
Amendment |
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3. The translation services required for the functioning of the Agency shall be provided by the Translation Centre of the bodies of the European Union. |
3. The translation services required for the functioning of the Agency shall be provided by the Translation Centre of the bodies of the European Union or, where appropriate, by other translation services. |
Amendment 55 Proposal for a regulation Article 24 – paragraph -1 (new) | |
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Text proposed by the Commission |
Amendment |
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-1. The Agency shall act with a high level of transparency. |
Amendment 56 Proposal for a regulation Article 28 – paragraph -1 (new) | |
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Text proposed by the Commission |
Amendment |
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-1. In accordance with Article 30(4) of Regulation (EU, Euratom) No 966/2012, the Agency shall carry out ex-ante evaluations of those of its activities which entail significant expenditure as well as ex-post evaluations. |
Amendment 57 Proposal for a regulation Article 28 – paragraph 1 | |
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Text proposed by the Commission |
Amendment |
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1. No later than 5 years after the date referred to in Article 37, and every 5 years thereafter, the Commission shall perform an evaluation in compliance with the Commission guidelines to assess the Agency's performance in relation to its objectives, mandate and tasks. The evaluation shall, in particular, address the possible need to modify the mandate of the Agency, and the financial implications of any such modification. |
1. No later than 5 years after the date referred to in Article 37, and every 5 years thereafter, the Commission shall submit an evaluation in compliance with the Commission guidelines to assess the Agency's performance in relation to its objectives, mandate and tasks. The Commission shall consult the European Parliament and the Management Board during its evaluation. The evaluation shall, in particular, address the possible need to modify the mandate of the Agency, and the financial implications of any such modification. |
Amendment 58 Proposal for a regulation Article 28 – paragraph 2 | |
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Text proposed by the Commission |
Amendment |
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2. Where the Commission considers that the continuation of the Agency is no longer justified with regard to its assigned objectives, mandate and tasks, it may propose that this Regulation be amended accordingly or repealed. |
deleted |
Amendment 59 Proposal for a regulation Article 30 – paragraph 3 | |
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Text proposed by the Commission |
Amendment |
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3. The Management Board shall adopt a strategy for relations with third countries or international organisations concerning matters for which the Agency is competent. |
3. The Management Board shall adopt a strategy for relations with third countries or international organisations concerning matters for which the Agency is competent as part of the Agency’s programming document. |
Amendment 60 Proposal for a regulation Article 33 – paragraph 2 | |
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Text proposed by the Commission |
Amendment |
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2. The Deputy Director the Agency appointed on the basis of Article 8 of Regulation (EEC) No 1365/75 of the Council shall, for the remaining period of his/her term of office assist the Director or Executive Director. |
2. The Deputy Director the Agency appointed on the basis of Article 8 of Regulation (EEC) No 1365/75 shall, for the remaining period of his/her term of office be assigned to the responsibilities of the Deputy Director in accordance with Article 11a of this Regulation. The other conditions of his or her contract shall remain unchanged. |
EXPLANATORY STATEMENT
On 23 August 2016 the Commission published its proposal for the revision of the founding regulation establishing the European Foundation for the improvement of living and working conditions (Eurofound).
The proposal aims to revise Eurofound’s founding regulation from 1975. Eurofound's founding regulation has been amended three times, in 1993, 2003, and 2005, mainly to take account of EU enlargement or Treaty changes. However, such amendments have not significantly altered the fundamentals of the Agency.
The Rapporteur welcomes the Commission´s revision proposal that was necessary and that will provide a clearer description of the role of Eurofound in supporting the Commission, other EU institutions and bodies, Member States and social partners in shaping policies regarding living and working conditions as well as in promoting social dialogue. It will update the mandate of Eurofound as a centre for analysis, research and policy monitoring in these policy areas.
The revision will align certain provisions of Eurofound’s existing founding regulation with the Common Approach on Decentralised Agencies. The European Parliament was one of the parties to the joint Statement of the European Parliament, the Council of the EU and the European Commission on decentralised agencies and its agencies of 19 July 2012.
The revision also offers the opportunity to update the objectives and tasks of Eurofound. Since its establishment in 1975, the Foundation has adapted its activities to the overall societal, institutional and economic developments and emerging trends in European policies in the field of living and working conditions. The objectives and tasks will be adjusted to better reflect these developments and Eurofound's current contribution to the development of social and employment related policies, by providing relevant and high quality research output in the field of employment, industrial relations, working and living conditions.
The other two so-called tripartite Agencies of the European Union, the European Agency for Safety and Health at Work (EU-OSHA) and the European Centre for the Development of Vocational Training (CEDEFOP) will also undergo a revision of their respective founding regulations at the same time as Eurofound does.
The common feature of these agencies is their tripartite nature, reflected both in their governance and functioning: national authorities, trade unions and employer representatives participate in the governing bodies as well as in dedicated advisory committees of the agencies.
The role of Eurofound is to inform and contribute towards better evidence-based policymaking in areas relevant to living and working conditions. The revision takes into consideration existing EU policies on living and working conditions, and foresees the work of Eurofound to be complementarity with ongoing and planned research in this area carried out with EU funding.
The rapporteur proposes and suggest the following main improvements to the Commission's proposal:
The proposal amends the founding act of the Eurofound Agency which, following a series of revisions, required consolidation into a document offering ways to increase the efficiency of the Agency both in terms of the use of its own resources and in terms of their management, utilisation and potential, within the scope of the Agency’s duties, in order to improve the way it operates and facilitate maximum use of the findings and content it disseminates in the EU. Eurofound will maintain its reputation as a decentralised agency, and as a centre for research and dialogue between social players, but it must evolve to become an Agency worthy of a Europe immersed in a process of continentalisation.
For the sake of efficiency, there is a need to rethink whether the option of having a Member State representative at all three tripartite levels still makes sense or whether it would appear absurd to the average citizen. Luke-warmness on the part of the Commission and a lack of seriousness on the part of the Member States have allowed the rule of one representative per Member State to continue. We have to rethink this model and explore other ways to reform the status quo, rationalise the governance of agencies, and restore the balance between the political, the administrative and the effective.
The duties and responsibilities of the Director should be boosted, delimited, reinforced and clearly professionalised, under the evident control of the Executive Board and the Management Board, with Commission oversight and accountability to the European Parliament. This approach is not out of keeping with the fact that, like any enterprise, the Agency has an Assistant Director, although any type of twin leadership and dividing-up of responsibilities must be avoided.
We must not be tempted to play down the importance of this Agency and must prize the quality and depth of the documents it produces. It is time to move forward and avoid assigning external or duplicate tasks to external companies and entrust these to the Agency. I have no doubt that the savings for the Community coffers will be more than significant. To ensure this is the case, it will be necessary to carry out a prior consultation with the Agency before any external assignment of the studies which fall within Eurofound’s scope and fields of research and know-how.
Recently in the process of European construction, the Commission has decided, in many cases wisely, to decentralise some of its duties and entrust these to specialised agencies, although it may seem that this process is stretching the bounds of the reasonable in terms of the duplication of agencies and duties in order to please the Member States so that each hosts the seat of one EU agency. Looking ahead, a serious, objective and independent evaluation should be carried out, with the participation of the main institutions, with a view to a merger of agencies, or even a possible closure of agencies that are no longer of added value or whose duties could be more efficiently handled by a sister agency. We must move to a decentralised agency concentration process to increase the effectiveness and relevance of EU action.
The input of the main European Institutions into the design of the Agency's work plans should also be bolstered. These should be linked in part to medium-term EU strategies (e.g. Europe 2020, social pillar, refugees, etc.) and take into account potential short-term tasks when circumstances require.
It is also the moment to take advantage of its excellent work and reputation in international forums dedicated to his theme, enhancing its role in support for the EU’s policy of influence and ‘soft power’.
OPINION of the Committee on Budgets (27.4.2017)
for the Committee on Employment and Social Affairs
on the proposal for a regulation of the European Parliament and of the Council establishing the European Foundation for the improvement of living and working conditions (Eurofound), and repealing Council Regulation (EEC) No 1365/75
(COM(2016)0531 – C8‑0342/2016 – 2016/0256(COD))
Rapporteur: Jens Geier
SHORT JUSTIFICATION
The Commission proposed the present draft Regulation in order to align certain provisions of the existing Regulation governing Eurofound with the Common Approach on Decentralised Agencies. The revision also offers the opportunity to update the objectives and tasks of Eurofound.
The other two so-called tripartite Agencies of the European Union, the European Agency for Safety and Health at Work (EU-OSHA) and the European Centre for the Development of Vocational Training (CEDEFOP) are undergoing a revision of their respective Founding Regulations at the same time as Eurofound.
The budgetary implications in terms of human and financial resources, as presented in more detail in the Legislative Financial Statement, are in line with Commission Communication (2013)519.
The Rapporteur proposes to amend certain provisions relating to the cooperation between the tripartite Agencies, with a view of enhancing this cooperation.
Further, the Rapporteur proposes to introduce a representative designated by the European Parliament into the Management Board of the Agency, to replace one Commission representative. This approach is in line with the Joint Statement of the Council of the European Union and the European Commission on decentralised agencies of 19 July 2012.
AMENDMENTS
The Committee on Budgets calls on the Committee on Employment and Social Affairs, as the committee responsible, to take into account the following amendments:
Amendment 1 Proposal for a regulation Recital 5 | ||||||||||||||||||||||||||||||||||||||||
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Text poposed by the Commission |
Amendment | |||||||||||||||||||||||||||||||||||||||
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(5) As the three so-called tripartite agencies, the European Foundation for the improvement of living and working conditions (Eurofound), the European Agency for Safety and Health at Work (EU-OSHA) and the European Centre for the Development of Vocational Training (CEDEFOP) address issues related to the labour market and working environment and vocational education and training and skills, close coordination among the three Agencies is required and ways to enhance efficiency and synergies should be exploited. In addition, where relevant, the Agency should seek to engage in efficient cooperation with the European Commission's in-house research capacities. |
(5) As the three so-called tripartite agencies, the European Foundation for the improvement of living and working conditions (Eurofound), the European Agency for Safety and Health at Work (EU-OSHA) and the European Centre for the Development of Vocational Training (CEDEFOP) address issues related to the labour market and working environment and vocational education and training and skills, close coordination among the three Agencies is required and ways to enhance efficiency and synergies should be exploited. In particular, sharing or pooling of administrative tasks between these agencies is envisaged and the agencies should adopt their respective annual work programmes in close co-operation with one another, in order to avoid overlaps. In addition, where relevant, the Agency should seek to engage in efficient cooperation with the Commission's in-house research capacities. | |||||||||||||||||||||||||||||||||||||||
Amendment 2 Proposal for a regulation Recital 6 a (new) | ||||||||||||||||||||||||||||||||||||||||
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Text proposed by the Commission |
Amendment | |||||||||||||||||||||||||||||||||||||||
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(6a) The Agency's budget should be prepared in accordance with the principle of performance-based budgeting taking into account its objectives and expected results. | |||||||||||||||||||||||||||||||||||||||
Amendment 3 Proposal for a regulation Article 2 – paragraph 2 | ||||||||||||||||||||||||||||||||||||||||
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Text proposed by the Commission |
Amendment | |||||||||||||||||||||||||||||||||||||||
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2. In carrying out its tasks, the Agency shall maintain a close dialogue particularly with specialised bodies, whether public or private, public authorities and workers' and employers’ organisations. The Agency, without prejudice to its own aims, shall ensure cooperation with other European Union Agencies aimed at avoiding overlaps and promoting synergy and complementarity in their activities, in particular with the European Agency for Safety and Health at Work, the European Centre for the Development of Vocational Training and, where relevant, with other EU Agencies. |
2. In carrying out its tasks, the Agency shall maintain a close dialogue particularly with specialised bodies, whether public or private, public authorities and workers' and employers’ organisations. | |||||||||||||||||||||||||||||||||||||||
Amendment 4 Proposal for a regulation Article 2 – paragraph 2 a (new) | ||||||||||||||||||||||||||||||||||||||||
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Text proposed by the Commission |
Amendment | |||||||||||||||||||||||||||||||||||||||
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2a. The Agency, without prejudice to its own aims, shall cooperate with other Union agencies, in particular with the European Training Foundation, the European Institute for Gender Equality, the European Union Agency for Fundamental Rights, the European Agency for Safety and Health at Work, and the European Centre for the Development of Vocational Training, in order to achieve coordination and financial savings, and to avoid duplication and promote synergy and complementarity in their activities. | |||||||||||||||||||||||||||||||||||||||
Amendment 5 Proposal for a regulation Article 2 – paragraph 2 b (new) | ||||||||||||||||||||||||||||||||||||||||
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Text proposed by the Commission |
Amendment | |||||||||||||||||||||||||||||||||||||||
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2b. The Agency shall conclude cooperation agreements with other relevant Union agencies in order to facilitate and promote cooperation with them. | |||||||||||||||||||||||||||||||||||||||
Amendment 6 Proposal for a regulation Article 4 – paragraph 1 | ||||||||||||||||||||||||||||||||||||||||
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Justification | ||||||||||||||||||||||||||||||||||||||||
The Joint Statement of the European Parliament, the Council of the European Union and the European Commission on decentralised agencies of 19 July 2012 envisages a possibility for the Parliament to designated one member of the Management Board. | ||||||||||||||||||||||||||||||||||||||||
Amendment 7 Proposal for a regulation Article 6 – paragraph 4 – subparagraph 1 | ||||||||||||||||||||||||||||||||||||||||
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Amendment 8 Proposal for a regulation Article 11 – paragraph 5 – point j a (new) | ||||||||||||||||||||||||||||||||||||||||
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Text proposed by the Commission |
Amendment | |||||||||||||||||||||||||||||||||||||||
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(ja) cooperating with other Union agencies, and concluding cooperation agreements with them. | |||||||||||||||||||||||||||||||||||||||
Amendment 9 Proposal for a regulation Article 14 – paragraph 1 – subparagraph 1 a (new) | ||||||||||||||||||||||||||||||||||||||||
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Text proposed by the Commission |
Amendment | |||||||||||||||||||||||||||||||||||||||
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The provisional draft estimate shall be based on the objectives and expected results of the annual programming document referred to in Article 6(1) and shall take into account the financial resources necessary to achieve those objectives and expected results, in accordance with the principle of performance-based budgeting. | |||||||||||||||||||||||||||||||||||||||
Amendment 10 Proposal for a regulation Article 14 – paragraph 4 | ||||||||||||||||||||||||||||||||||||||||
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Amendment 11 Proposal for a regulation Article 23 – paragraph 3 | ||||||||||||||||||||||||||||||||||||||||
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Amendment 12 Proposal for a regulation Article 28 – paragraph 1 | ||||||||||||||||||||||||||||||||||||||||
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PROCEDURE – COMMITTEE ASKED FOR OPINION
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Title |
European Foundation for the improvement of living and working conditions (Eurofound) |
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References |
COM(2016)0531 – C8-0342/2016 – 2016/0256(COD) |
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Committee responsible Date announced in plenary |
EMPL 12.9.2016 |
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Opinion by Date announced in plenary |
BUDG 12.9.2016 |
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Rapporteur Date appointed |
Jens Geier 15.9.2016 |
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Date adopted |
25.4.2017 |
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Result of final vote |
+: –: 0: |
30 2 0 |
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Members present for the final vote |
Nedzhmi Ali, Jean Arthuis, Richard Ashworth, Lefteris Christoforou, Gérard Deprez, Manuel dos Santos, José Manuel Fernandes, Eider Gardiazabal Rubial, Jens Geier, Esteban González Pons, Bernd Kölmel, Zbigniew Kuźmiuk, Vladimír Maňka, Clare Moody, Victor Negrescu, Jan Olbrycht, Younous Omarjee, Paul Rübig, Petri Sarvamaa, Jordi Solé, Patricija Šulin, Eleftherios Synadinos, Indrek Tarand, Inese Vaidere, Monika Vana, Daniele Viotti, Stanisław Żółtek |
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Substitutes present for the final vote |
Jean-Paul Denanot, Ivana Maletić, Derek Vaughan, Rainer Wieland, Tomáš Zdechovský |
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FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION
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30 |
+ |
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ALDE |
Nedzhmi Ali, Jean Arthuis, Gérard Deprez |
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ECR |
Richard Ashworth, Zbigniew Kuźmiuk, Bernd Kölmel |
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GUE/NGL |
Younous Omarjee |
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PPE |
Lefteris Christoforou, José Manuel Fernandes, Esteban González Pons, Ivana Maletić, Jan Olbrycht, Paul Rübig, Petri Sarvamaa, Patricija Šulin, Inese Vaidere, Rainer Wieland, Tomáš Zdechovský |
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S&D |
Jean-Paul Denanot, Eider Gardiazabal Rubial, Jens Geier, Vladimír Maňka, Clare Moody, Victor Negrescu, Derek Vaughan, Daniele Viotti, Manuel dos Santos |
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Verts/ALE |
Jordi Solé, Indrek Tarand, Monika Vana |
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2 |
- |
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ENF |
Stanisław Żółtek |
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NI |
Eleftherios Synadinos |
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0 |
0 |
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Key to symbols:
+ : in favour
- : against
0 : abstention
PROCEDURE – COMMITTEE RESPONSIBLE
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Title |
European Foundation for the improvement of living and working conditions (Eurofound) |
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References |
COM(2016)0531 – C8-0342/2016 – 2016/0256(COD) |
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Date submitted to Parliament |
23.8.2016 |
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Committee responsible Date announced in plenary |
EMPL 12.9.2016 |
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Committees asked for opinions Date announced in plenary |
BUDG 12.9.2016 |
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Rapporteurs Date appointed |
Enrique Calvet Chambon 28.9.2016 |
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Discussed in committee |
22.3.2017 |
25.4.2017 |
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Date adopted |
12.7.2017 |
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Result of final vote |
+: –: 0: |
46 3 3 |
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Members present for the final vote |
Guillaume Balas, Tiziana Beghin, Brando Benifei, Enrique Calvet Chambon, David Casa, Ole Christensen, Martina Dlabajová, Lampros Fountoulis, Elena Gentile, Arne Gericke, Marian Harkin, Czesław Hoc, Danuta Jazłowiecka, Agnes Jongerius, Rina Ronja Kari, Jan Keller, Ádám Kósa, Agnieszka Kozłowska-Rajewicz, Jean Lambert, Jérôme Lavrilleux, Patrick Le Hyaric, Jeroen Lenaers, Verónica Lope Fontagné, Javi López, Thomas Mann, Dominique Martin, Anthea McIntyre, Joëlle Mélin, Elisabeth Morin-Chartier, Marek Plura, Terry Reintke, Robert Rochefort, Claude Rolin, Sven Schulze, Siôn Simon, Romana Tomc, Yana Toom, Marita Ulvskog, Renate Weber, Tatjana Ždanoka, Jana Žitňanská |
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Substitutes present for the final vote |
Maria Arena, Lynn Boylan, Tania González Peñas, Marju Lauristin, Paloma López Bermejo, Anne Sander, Joachim Schuster, Michaela Šojdrová, Helga Stevens, Flavio Zanonato |
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Substitutes under Rule 200(2) present for the final vote |
Andrejs Mamikins |
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Date tabled |
28.7.2017 |
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FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE
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46 |
+ |
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ALDE ECR GUE/NGL PPE S&D VERTS/ALE |
Martina Dlabajová, Marian Harkin, Robert Rochefort, Renate Weber Arne Gericke, Czesław Hoc, Anthea McIntyre, Helga Stevens, Jana Žitňanská Lynn Boylan, Tania González Peñas, Rina Ronja Kari, Patrick Le Hyaric, Paloma López Bermejo David Casa, Danuta Jazłowiecka, Agnieszka Kozłowska-Rajewicz, Ádám Kósa, Jérôme Lavrilleux, Jeroen Lenaers, Verónica Lope Fontagné, Thomas Mann, Elisabeth Morin-Chartier, Marek Plura, Claude Rolin, Anne Sander, Sven Schulze, Michaela Šojdrová, Romana Tomc Maria Arena, Guillaume Balas, Brando Benifei, Ole Christensen, Elena Gentile, Agnes Jongerius, Jan Keller, Marju Lauristin, Javi Lopez, Andrejs Mamikins, Joachim Schuster, Siôn Simon, Marita Ulvskog, Flavio Zanonato Jean Lambert, Terry Reintke, Tatjana Zdanoka |
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3 |
- |
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ENF NI |
Dominique Martin, Joëlle Mélin Lampros Fountoulis |
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3 |
0 |
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ALDE |
Tiziana Beghin, Enrique Calvet Chambon, Yana Toom |
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Key to symbols:
+ : in favour
- : against
0 : abstention