REPORT on the proposal for a regulation of the European Parliament and of the Council establishing a European Centre for the Development of Vocational Training (Cedefop) and repealing Regulation (EEC) No 337/75

28.7.2017 - (COM(2016)0532 – C8-0343/2016 – 2016/0257(COD)) - ***I

Committee on Employment and Social Affairs
Rapporteur: Anne Sander


Procedure : 2016/0257(COD)
Document stages in plenary
Document selected :  
A8-0273/2017

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council establishing a European Centre for the Development of Vocational Training (Cedefop) and repealing Regulation (EEC) No 337/75

(COM(2016)0532 – C8-0343/2016 – 2016/0257(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2016)0532),

–  having regard to Article 294(2) and to Article 166(4), Article 165(4) and Article 149 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0343/2016),

–  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 (A8-0273/2017),

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 a (new)

Text proposed by the Commission

Amendment

 

(1a)  In accordance with Article 149, Article 165(4) and Article 166(4) of the Treaty on the Functioning of the European Union (TFEU), Cedefop encourages cooperation between Member States and supports their activities through initiatives aimed at developing exchanges of information and best practices in the field of vocational training.

Amendment    2

Proposal for a regulation

Recital 2

 

Text proposed by the Commission

Amendment

(2)  Since its establishment Cedefop has played an important role in supporting the development of a common vocational education and training policy. At the same time the concept and significance of vocational training has evolved under the influence of changing labour markets, technological developments, particularly in the digital area, and increasing labour mobility. Vocational training policies have evolved accordingly and encompass a variety of instruments and initiatives, some of which, namely related to skills and qualifications, including validation of learning, necessarily go beyond the traditional boundaries of vocational education and training. Therefore the character of Cedefop activities should be clearly spelled out and relevant terminology should be adjusted whilst staying within the remit of the Treaty provisions for vocational education and training.

(2)  Since its establishment Cedefop, by virtue of its expertise, has played an important role in supporting the development of a common vocational education and training policy. At the same time the concept and significance of vocational training has evolved under the influence of changing labour markets, increasing labour mobility, the Union's commitment to sustainability and technological developments, particularly in the digital area, which add to the challenge of better matching competencies and qualifications with a constantly evolving demand. Vocational training policies have evolved accordingly and encompass a variety of instruments and initiatives, some of which, namely related to skills and qualifications, including validation of learning, necessarily go beyond the traditional boundaries of vocational education and training. Therefore the character of Cedefop activities should be clearly spelled out and relevant terminology should be adjusted whilst staying within the remit of the Treaty provisions for vocational education and training.

Amendment    3

Proposal for a regulation

Recital 3 a (new)

Text proposed by the Commission

Amendment

 

(3a)  This Regulation repeals Regulation (EEC) No 337/75, with the aim of updating Cedefop’s mandate and tasks to better reflect its current activities which go beyond vocational education and training and include work on skills and qualifications and adapt its mandate and tasks to current policy priorities and strategies, taking into account recent policy developments in the field of vocational education and training, skills and qualifications.

Amendment    4

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4)  Implementation of a vocational education and training policy will require a focus on the interface between education and training and the world of work, making sure that the knowledge, skills and competences acquired support employability in changing labour markets and are relevant to the needs of citizens and society.

(4)  Implementation of a vocational education and training policy will require a focus on the interface and transition between education and training and the world of work, making sure that the knowledge, skills and competences acquired support integration in changing labour markets and are relevant to the needs of citizens and society.

Amendment    5

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

(5)  Council Regulation (EEC) No 337/75 has been amended several times. Since further amendments are to be made, it should be repealed in the interest of clarity.

(5)  Regulation (EEC) No 337/75 has been amended several times. Since further amendments are to be made, it should be repealed in the interest of clarity, without deviating from its main objectives and without compromising its original goals.

Amendment    6

Proposal for a regulation

Recital 6 a (new)

 

Text proposed by the Commission

Amendment

 

(6a)  Regarding Cedefop’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    7

Proposal for a regulation

Recital 7

 

Text proposed by the Commission

Amendment

(7)  As the three so-called tripartite Agencies - Cedefop, the European Foundation for the improvement of living and working conditions (Eurofound) and the European Agency for Safety and Health at Work (EU-OSHA) - address issues related to the labour market, working environment and vocational education and training and skills, close coordination among the three Agencies is required and the 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.

(7)  As the three tripartite agencies, Cedefop, the European Foundation for the improvement of living and working conditions (Eurofound) and the European Agency for Safety and Health at Work (EU-OSHA), address issues related to the labour market, working environment and vocational education and training and skills, close coordination among them is required, ways to enhance efficiency and synergies should be exploited and any duplication concerning their activities, between each other and between them and the Commission, , should be avoided. In addition, where relevant, Cedefop should seek to cooperate efficiently with the in-house research capacities of the Union institutions.

Justification

Common Compromise replacing amendments 4, 30, 31, 32 (Cedefop); 2, 50, 51, 52 (Eurofound); 3, 30, 31, 32 (EU-OSHA)

Amendment    8

Proposal for a regulation

Recital 7 a (new)

Text proposed by the Commission

Amendment

 

(7a)  The tripartite nature of Cedefop, Eurofound, and EU-OSHA represents a comprehensive approach based on the social dialogue between the social partners and Union and national authorities, which is extremely valuable for the purpose of finding joint and sustainable solutions.

Amendment    9

Proposal for a regulation

Recital 8 a (new)

 

Text proposed by the Commission

Amendment

 

(8a)  The translation services required for Cedefop’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 or cost of the translation or the high workload of the Translation Centre, other translation service providers should also be able to provide translation services. Such other 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

Recital 8 b (new)

Text proposed by the Commission

Amendment

 

(8b)  In its procurement activities, Cedefop should respect environmental, labour and social high-quality standards, as well as high-level of transparency, and fair competition rules.

Amendment    11

Proposal for a regulation

Recital 8 c (new)

Text proposed by the Commission

Amendment

 

(8c)  Cedefop's budget should be prepared in accordance with the principle of performance-based budgeting, taking into account its objectives and expected results.

Amendment    12

Proposal for a regulation

Recital 9

Text proposed by the Commission

Amendment

(9)  The provisions concerning Cedefop's staff set out in Regulation (EEC) No 337/75 should be aligned with the Staff Regulations of Officials of the European Union (‘Staff Regulations’) and the Conditions of Employment of Other Servants of the European Union (‘CEOS’), laid down by Council Regulation (EEC, Euratom, ECSC) No 259/687 .

(9)  The provisions concerning Cedefop's staff set out in Regulation (EEC) No 337/75 should be aligned with the Staff Regulations of Officials of the European Union (‘Staff Regulations’) and the Conditions of Employment of Other Servants of the European Union (‘CEOS’), laid down by Council Regulation (EEC, Euratom, ECSC) No 259/687. Given its updated remit , Cedefop should be equipped with adequate staff in order to enable it to discharge its remit.

__________________

__________________

7  Council Regulation (EEC, Euratom, ECSC) No 259/68 (OJ L 56, 4.3.1968, p. 1).

7  Council Regulation (EEC, Euratom, ECSC) No 259/68 (OJ L 56, 4.3.1968, p. 1).

Amendment    13

Proposal for a regulation

Article 1 – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The objective of the Agency shall be to assist the Commission in shaping and implementing vocational education and training and skills and qualifications policies. To this end the Agency shall provide evidence and services for policy making and knowledge sharing amongst and between Union and national actors, in particular governments and social partners.

2.  The objective of the Agency shall be to support Union policies in the field of vocational education and training and skills and qualifications. To this end the Agency shall provide independent evidence, analyses, services and support for policy making and knowledge sharing amongst and between Union and national actors.

Amendment    14

Proposal for a regulation

Article 2 – paragraph 1 – point e a (new)

Text proposed by the Commission

Amendment

 

(ea)  based on its own analysis and research, provide policy makers with research-based policy proposals in the field of vocational education and training;

Justification

Cedefop is well capable to take the step from analysis and information provision to transfer this into valuable proposals for policy-making. This should be explicit in its tasks and mandate

Amendment    15

Proposal for a regulation

Article 2 – paragraph 1 – point h

Text proposed by the Commission

Amendment

(h)  manage and make available tools, datasets and services for skills, occupations and qualifications to citizens, companies, policy makers, social partners and other stakeholders.

(h)  in collaboration with the Commission, manage and make available tools, datasets and services for skills, occupations and qualifications to citizens, companies, policy makers, social partners and other stakeholders.

Amendment    16

Proposal for a regulation

Article 2 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  In carrying out its tasks, the Agency shall maintain a close dialogue particularly with specialised bodies, whether public or private, national or international, public authorities and educational institutions and with 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 Training Foundation, Eurofound and EU-OSHA.

3.  In carrying out its tasks, the Agency shall maintain a close dialogue particularly with specialised bodies working on vocational education and training and skills and qualifications policies, 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 preventing and avoiding overlaps and promoting synergy and complementarity in their activities, including the possibility of working jointly, in particular with the European Training Foundation, Eurofound and EU-OSHA.

Amendment    17

Proposal for a regulation

Article 2 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

3a.  The Agency may participate in all public tenders organised by the Commission in its fields of expertise with respect to rules of transparency, fair competition and social rights.

Amendment    18

Proposal for a regulation

Article 4 – paragraph 1 – subparagraph 1 – point d a (new)

 

Text proposed by the Commission

Amendment

 

(da)  three independent experts appointed by the European Parliament;

Amendment    19

Proposal for a regulation

Article 4 – paragraph 1 – subparagraph 3

 

Text proposed by the Commission

Amendment

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 referred to in point (d). The responsible committee of the European Parliament shall appoint the experts referred to in point (da).

Amendment    20

Proposal for a regulation

Article 4 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  Members of the Management Board and their alternates shall be appointed in light of their knowledge in the field of vocational education and training, skills and qualifications, 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 be appointed in light of their knowledge in the field of vocational education and training, skills and qualifications, taking into account relevant managerial, administrative and budgetary skills. All parties represented on 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    21

Proposal for a regulation

Article 4 – paragraph 3 a (new)

 

Text proposed by the Commission

Amendment

 

3a.  Each member and alternate member shall sign a written declaration of interests when taking office or when an appointment is renewed, and shall update it when there is a change of circumstances in that regard. The Agency shall publish the declarations of interest and updates on its website.

Justification

Common Compromise replacing amendments 53, 62, 69 and 70 (Cedefop)

Amendment    22

Proposal for a regulation

Article 4 – paragraph 4

 

Text proposed by the Commission

Amendment

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.

Justification

Alignment with the term of office of the Chairperson and the Deputy Chairpersons (renewed once) (Article 7 - paragraph 2). Common Compromise replacing amendments 9, 71, 72, 73, 74, 75 (Cedefop), (105), 106, 107, 108 (Eurofound), 11, (74), 75, 76, 77, 78 (EU-OSHA)

Amendment    23

Proposal for a regulation

Article 4 – paragraph 5 a (new)

 

Text proposed by the Commission

Amendment

 

5a.  A representative of Eurofound and a representative of EU-OSHA shall have observer status at the meetings of the Management Board in order to enhance the efficiency of the three tripartite agencies and the synergies between them, and to avoid overlaps in their activities.

Justification

Common Compromise replacing amendments 10, 15, 77, 78, 79, 101 and 102 (Cedefop)

Amendment    24

Proposal for a regulation

Article 5 – paragraph 1 – point a

 

Text proposed by the Commission

Amendment

(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, coherent with the needs of its main stakeholders, 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;

Justification

Common Compromise replacing amendments 11 and 80 (Cedefop)

Amendment    25

Proposal for a regulation

Article 5 – paragraph 1 – point f

 

Text proposed by the Commission

Amendment

(f)  adopt rules for the prevention and management of conflicts of interest in respect of its members;

(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 19;

Justification

Common Compromise replacing amendment 81 (Cedefop)

Amendment    26

Proposal for a regulation

Article 5 – paragraph 1 – point g

 

Text proposed by the Commission

Amendment

(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;

Justification

Common Compromise replacing amendment 12 (Cedefop)

Amendment    27

Proposal for a regulation

Article 5 – paragraph 1 – point k

Text proposed by the Commission

Amendment

(k)  appoint the Executive Director and where relevant extend the term of office or remove the Executive Director from office in accordance with Article 18;

(k)  appoint the Executive Director and where relevant renew the term of office or remove the Executive Director from office in accordance with Article 18;

Amendment    28

Proposal for a regulation

Article 5 – paragraph 1 – point n

 

Text proposed by the Commission

Amendment

(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;

deleted

Amendment    29

Proposal for a regulation

Article 6 – paragraph 3

 

Text proposed by the Commission

Amendment

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 4. 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 evaluations. It shall also contain a description of the actions to be financed, including planned measures that aim to increase efficiency, 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 4. It shall clearly indicate tasks that have been added, changed or deleted in comparison with the previous financial year.

Amendment    30

Proposal for a regulation

Article 6 – paragraph 4 – subparagraph 1

 

Text proposed by the Commission

Amendment

1.   The Management Board shall amend the adopted annual work programme when a new task is given to the Agency. The Management Board may delegate the power to make non-substantial amendments to the annual work programme to the Executive Director.

1.   The Management Board shall amend the adopted annual work programme when a new task is given to the Agency. It shall be responsible for avoiding programming overlaps with EU-OSHA and Eurofound and for ensuring that reprioritising its activities is considered before any additional financial resources are granted. The Management Board may delegate the power to make non-substantial amendments to the annual work programme to the Executive Director.

Amendment    31

Proposal for a regulation

Article 7 – paragraph 1

 

Text proposed by the Commission

Amendment

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 the 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  32

Proposal for a regulation

Article 10 – paragraph 3

 

Text proposed by the Commission

Amendment

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, including the suspension of the delegation of the appointing authority powers, in accordance with the conditions referred to in Article 5(2), and budgetary matters.

Amendment    33

Proposal for a regulation

Article 10 – paragraph 4

 

Text proposed by the Commission

Amendment

4.  The Executive Board shall be composed of the Chairperson of the Management Board, the three Deputy Chairpersons, the coordinators of the three groups 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    34

Proposal for a regulation

Article 10 – paragraph 5

 

Text proposed by the Commission

Amendment

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.

Justification

Common Compromise replacing amendments 16, 109, 110, 111 (Cedefop), 31, 149, 150, 151 (Eurofound), 15, 109, 110, 111, 112 (EU-OSHA)

Amendment    35

Proposal for a regulation

Article 10 – paragraph 6

 

Text proposed by the Commission

Amendment

6.  The Executive Board shall meet three times a year. In addition, it shall meet on the initiative of its Chairperson or at the request of its members.

6.  The Executive Board shall meet three times a year. In addition, it shall meet on the initiative of its Chairperson or 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 a timely and transparent manner.

Amendment    36

Proposal for a regulation

Article 11 – paragraph 1

 

Text proposed by the Commission

Amendment

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.

Justification

Common Compromise replacing amendment 114 (Cedefop)

Amendment    37

Proposal for a regulation

Article 11 – paragraph 5 – point b a (new)

 

Text proposed by the Commission

Amendment

 

(ba)  in accordance with the decision referred to in Article 5(2), taking decisions with regard to the management of human resources;

Justification

Common Compromise replacing amendment 18, 120 and 121 (Cedefop)

Amendment    38

Proposal for a regulation

Article 11 – paragraph 5 – point b b (new)

 

Text proposed by the Commission

Amendment

 

(bb)  taking decisions with regard to the Agency's internal structures and, where necessary, their amendment, taking into account needs relating to the Agency's activities and sound budgetary management;

Justification

Common Compromise replacing amendment 18, 120 and 121 (Cedefop)

Amendment    39

Proposal for a regulation

Article 11 – paragraph 5 – point j

 

Text proposed by the Commission

Amendment

(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    40

Proposal for a regulation

Article 11 – paragraph 5 – point j a (new)

Text proposed by the Commission

Amendment

 

(ja)  cooperating with other Union agencies, and concluding cooperation agreements with them.

Amendment    41

Proposal for a regulation

Article 11 – paragraph 6

 

Text proposed by the Commission

Amendment

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 that 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 State where the local office is to be established. That decision shall specify the scope of the activities to be carried out at that that local office in a manner that avoids unnecessary costs and duplication of administrative functions of the Agency.

Justification

Common Compromise replacing amendments 19, 124, 125,126 and 127 (Cedefop)

Amendment    42

Proposal for a regulation

Article 11 – paragraph 6 a (new)

Text proposed by the Commission

Amendment

 

6a.  The Executive Director may, after consulting the Executive Board, appoint a Deputy Director subject to the approval, by a simple majority vote, of the Management Board. The Deputy Director shall be selected from among the Agency’s senior staff and his or her mandate shall terminate at the same time as that of the Executive Director, or earlier, for disciplinary reasons, subject to the approval, by a simple majority vote, of the Management Board. The Executive Director shall provide reasons justifying the need to appoint a Deputy Director and shall allocate proper resources for that purpose. The duties of the Deputy Director shall be clearly defined, shall refer only to managing the day-to-day business of the Agency, and shall be approved by the Executive Board following proposals by the Executive Director. The Deputy Director shall attend the meetings of the Management Board and the Executive Board.

Amendment    43

Proposal for a regulation

Article 13 – paragraph 1 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

 

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    44

Proposal for a regulation

Article 13 – paragraph 1 – subparagraph 1 b (new)

Text proposed by the Commission

Amendment

 

The provisional draft estimate shall ensure that expenditure on staff is adequate to allow the Agency to discharge its remit.

Amendment    45

Proposal for a regulation

Article 13 – paragraph 4

Text proposed by the Commission

Amendment

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    46

Proposal for a regulation

Article 15 – paragraph 5

Text proposed by the Commission

Amendment

5.  The accounting officer shall, by 1 July following each financial year, send the final accounts to the European Parliament, the Council, the Commission and the Court of Auditors, together with the Management Board's opinion.

5.  The accounting officer shall, by 1 July following each financial year, send the final accounts to the European Parliament, the Council, the Commission and the European Court of Auditors, together with the Management Board's opinion.

Amendment    47

Proposal for a regulation

Article 18 – paragraph 2 – subparagraph 1

 

Text proposed by the Commission

Amendment

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 ensures rigorous assessment of the candidates and a high degree of independence. Once appointed, the Executive Director shall attend an exchange of views at the responsible committee of the European Parliament.

Amendment    48

Proposal for a regulation

Article 18 – paragraph 4

Text proposed by the Commission

Amendment

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.

Amendment    49

Proposal for a regulation

Article 18 – paragraph 5

Text proposed by the Commission

Amendment

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    50

Proposal for a regulation

Article 18 – paragraph 6

 

Text proposed by the Commission

Amendment

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    51

Proposal for a regulation

Article 21 – paragraph 4

 

Text proposed by the Commission

Amendment

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).

Justification

Common Compromise replacing amendments 22, 140, 141 and 142 (Cedefop)

Amendment    52

Proposal for a regulation

Article 22 – paragraph 3

 

Text proposed by the Commission

Amendment

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    53

Proposal for a regulation

Article 23 – paragraph -1 (new)

Text proposed by the Commission

Amendment

 

-1.  The Agency shall act with a high level of transparency.

Amendment    54

Proposal for a regulation

Article 27 – paragraph -1 (new)

Text proposed by the Commission

Amendment

 

-1.  In accordance with Article 30(4) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council1a, the Agency shall carry out ex-ante evaluations of those of its activities which entail significant expenditure as well as ex-post evaluations.

 

__________________

 

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    55

Proposal for a regulation

Article 27 – paragraph 2

Text proposed by the Commission

Amendment

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

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. Such proposal shall be made only after a detailed assessment and after informing and consulting the European Parliament, the Member States and the social partners.

  • [1]    OJ C209, 30.7.2017, p 4.

EXPLANATORY STATEMENT

The European Centre for the Development of Vocational Training (Cedefop) is one of the longest established EU agencies. The quality of the analyses and data it provides on vocational education and training systems and policies and its ability to foster exchanges of ideas and good practice have given it a high profile and a high degree of credibility with political decision-makers.

As a leading centre of expertise, over the years Cedefop has broadened the scope of its activities to cover skills and qualifications, as part of its efforts to take account of economic, social, political and technological developments. The advent of the digital age has completely changed the way we look at vocational education and training policies. Tomorrow we will certainly be doing jobs which do not exist today. This means that skills and qualifications will constantly have to be developed to meet the changing needs of businesses. This also means that lifelong learning needs to be encouraged.

With those aims in view, and on the basis of Cedefop’s data and analyses, in June 2016 the Commission launched ‘A New Skills Agenda for Europe’ to help the 70 million EU citizens who do not have adequate reading, writing, arithmetical and digital skills. In so doing the Commission stated its intention of drawing on Cedefop’s expertise and skills in implementing this large-scale project. The agency’s precise role should be clarified, however, in order to maintain good relations among the stakeholders and ensure that Cedefop’s remit is not undermined.

It was against this specific backdrop that on 23 August 2016 the Commission proposed a revision of Cedefop’s Founding Regulation, which dates back to 1975, the year in which the agency was set up.

The revision has twin aims: bring some provisions of the Founding Regulation into line with the Common Approach on Decentralised Agencies, and update Cedefop’s objectives and tasks in such a way that the Founding Regulation reflects the real nature of the agency’s work.

In her draft report, the rapporteur welcomes the fact that the common approach is finally being implemented; that approach was the subject of a strongly worded joint statement, issued by the Commission, the Council and the European Parliament in Strasbourg on 12 June 2012, in which the three institutions called for the governance and efficiency of the decentralised agencies to be enhanced so that they can support the implementation of public policies more effectively.

The rapporteur also welcomes the updating of the agency’s objectives and tasks to bring them into line with the work it does already, which is entirely in keeping with the current priorities of European vocational education and training policy. She likewise applauds the retention of the agency’s unique tripartite governance system involving governments and employers’ and workers’ organisations.

The rapporteur questions the timing of the revision, however. However beneficial it may be for Cedefop’s functioning and effectiveness, it would have made more sense to arrange the work programme in such a way that the revision could incorporate the conclusions which will be delivered at the end of the year, following the completion of the external assessment of the agency and its work.

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 a European Centre for the Development of Vocational Training (Cedefop) and repealing Regulation (EEC) No 337/75
(COM(2016)0532 – C8‑0343/2016 – 2016/0257(COD))

Rapporteur: Jens Geier

SHORT JUSTIFICATION

The Commission proposed the present draft Regulation in order to align certain provisions of the existing Regulation governing Cedefop with the Common Approach on Decentralised Agencies. The revision also offers the opportunity to update the objectives and tasks of Cedefop

The other two so-called tripartite Agencies of the European Union, the European Agency for Safety and Health at Work (EU-OSHA) and European Foundation for the improvement of living and working conditions (Eurofound) 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 7

 

Text proposed by the Commission

Amendment

(7)  As the three so-called tripartite Agencies - Cedefop, the European Foundation for the improvement of living and working conditions (Eurofound) and the European Agency for Safety and Health at Work (EU-OSHA) - address issues related to the labour market, working environment and vocational education and training and skills, close coordination among the three Agencies is required and the 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.

(7)  As the three so-called tripartite Agencies - Cedefop, the European Foundation for the improvement of living and working conditions (Eurofound) and the European Agency for Safety and Health at Work (EU-OSHA) - address issues related to the labour market, working environment and vocational education and training and skills, close coordination among the three Agencies is required and the 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 European Commission's in-house research capacities.

Amendment    2

Proposal for a regulation

Recital 8 a (new)

Text proposed by the Commission

Amendment

 

(8a)  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 1 – paragraph 2

 

Text proposed by the Commission

Amendment

2.   The objective of the Agency shall be to assist the Commission in shaping and implementing vocational education and training and skills and qualifications policies. To this end the Agency shall provide evidence and services for policy making and knowledge sharing amongst and between Union and national actors, in particular governments and social partners.

2.  The objective of the Agency shall be to assist the Commission, other Union institutions, Member States and the social partners in helping shape and implement vocational education and training and skills and qualifications policies. To this end the Agency shall provide evidence and analyses for policy making and knowledge sharing amongst and between Union and national actors, in particular governments and social partners.

Amendment    4

Proposal for a regulation

Article 2 – paragraph 3

Text proposed by the Commission

Amendment

3.  In carrying out its tasks, the Agency shall maintain a close dialogue particularly with specialised bodies, whether public or private, national or international, public authorities and educational institutions and with 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 Training Foundation, Eurofound and EU-OSHA.

3.  In carrying out its tasks, the Agency shall maintain a close dialogue particularly with specialised bodies, whether public or private, national or international, public authorities and educational institutions and with workers' and employers’ organisations.

Amendment    5

Proposal for a regulation

Article 2 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

3a.  The Agency, without prejudice to its own aims, shall cooperate with other Union agencies, in particular with the European Training Foundation, the European Foundation for the improvement of living and working conditions, and the European Agency for Safety and Health at Work, in order to achieve coordination and financial savings, and to avoid duplication and promote synergy and complementarity in their activities.

Amendment    6

Proposal for a regulation

Article 2 – paragraph 3 b (new)

Text proposed by the Commission

Amendment

 

3b.  The Agency shall conclude cooperation agreements with other relevant Union agencies in order to facilitate and promote cooperation with them.

Amendment    7

Proposal for a regulation

Article 4 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  The Management Board shall be composed of:

1.  The Management Board shall be composed of:

(a)  one member representing the Government from each Member State;

(a)  one member representing the Government from each Member State;

(b)  one member representing the employers' organisations from each Member State;

(b)  one member representing the employers' organisations from each Member State;

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

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

(d)  three members representing the Commission.

(d)  two members representing the Commission;

 

(da)  one independent member representing the European Parliament.

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

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

 

The appointment shall take effect upon signing by the person concerned of a declaration of absence of conflict of interests.

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 and the European Parliament shall appoint the members who are to represent them.

 

A representative of the European Agency for Safety and Health at Work and a representative of the Eurofound shall have an observer status in the Management Board.

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 designate one member of the Management Board.

Amendment    8

Proposal for a regulation

Article 6 – paragraph 4 – subparagraph 1

 

Text proposed by the Commission

Amendment

The Management Board shall amend the adopted annual work programme when a new task is given to the Agency. The Management Board may delegate the power to make non-substantial amendments to the annual work programme to the Executive Director.

The Management Board shall amend the adopted annual work programme when a new task is given to the Agency. It shall be responsible for avoiding programming overlaps with the other tripartite Union agencies and for ensuring that reprioritisation of activities is always considered as a valid alternative before potentially granting additional financial resources. The Management Board may delegate the power to make non-substantial amendments to the annual work programme to the Executive Director.

Amendment    9

Proposal for a regulation

Article 11 – paragraph 5 – point j a (new)

Text proposed by the Commission

Amendment

 

(ja)  cooperating with other Union agencies, and concluding cooperation agreements with them.

Amendment    10

Proposal for a regulation

Article 13 – paragraph 1 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

 

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    11

Proposal for a regulation

Article 13 – paragraph 4

 

Text proposed by the Commission

Amendment

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 send the draft estimates to the budgetary authority together with the draft general budget of the Union. The Commission shall send these draft estimates simultaneously to the Agency.

Amendment    12

Proposal for a regulation

Article 22 – paragraph 3

 

Text proposed by the Commission

Amendment

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 other translation providers in accordance with the procurement rules and within the limits established by the relevant financial rules.

Amendment    13

Proposal for a regulation

Article 27 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  No later than 5 years after the date referred to in Article 36, 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 36, 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 evaluation shall, in particular, address the possible need to modify the mandate of the Agency, and the financial implications of any such modification.

PROCEDURE – COMMITTEE ASKED FOR OPINION

Title

European Centre for the Development of Vocational Training (Cedefop)

References

COM(2016)0532 – C8-0343/2016 – 2016/0257(COD)

Committee responsible

       Date announced in plenary

EMPL

12.9.2016

 

 

 

Opinion by

       Date announced in plenary

BUDG

12.9.2016

Rapporteur

       Date appointed

Jens Geier

15.9.2016

Date adopted

25.4.2017

 

 

 

Result of final vote

+:

–:

0:

30

2

0

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

Substitutes present for the final vote

Jean-Paul Denanot, Ivana Maletić, Derek Vaughan, Rainer Wieland, Tomáš Zdechovský

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

30

+

ALDE

Nedzhmi Ali, Jean Arthuis, Gérard Deprez

ECR

Richard Ashworth, Bernd Kölmel, Zbigniew Kuźmiuk

GUE/NGL

Younous Omarjee

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

S&D

Jean-Paul Denanot, Eider Gardiazabal Rubial, Jens Geier, Vladimír Maňka, Clare Moody, Victor Negrescu, Derek Vaughan, Daniele Viotti, Manuel dos Santos

Verts/ALE

Jordi Solé, Indrek Tarand, Monika Vana

2

-

ENF

Stanisław Żółtek

NI

Eleftherios Synadinos

0

0

 

 

Key to symbols:

+  :  in favour

-  :  against

0  :  abstention

PROCEDURE – COMMITTEE RESPONSIBLE

Title

European Centre for the Development of Vocational Training (Cedefop)

References

COM(2016)0532 – C8-0343/2016 – 2016/0257(COD)

Date submitted to Parliament

23.8.2016

 

 

 

Committee responsible

       Date announced in plenary

EMPL

12.9.2016

 

 

 

Committees asked for opinions

       Date announced in plenary

BUDG

12.9.2016

 

 

 

Rapporteurs

       Date appointed

Anne Sander

22.9.2016

 

 

 

Discussed in committee

22.3.2017

25.4.2017

 

 

Date adopted

12.7.2017

 

 

 

Result of final vote

+:

–:

0:

47

3

1

Members present for the final vote

Guillaume Balas, 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, 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

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

Substitutes under Rule 200(2) present for the final vote

Andrejs Mamikins, Elena Valenciano

Date tabled

28.7.2017

FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

47

+

ALDE

ECR

GUE/NGL

PPE

S&D

VERTS/ALE

Martina Dlabajová, Marian Harkin, Robert Rochefort, Yana Toom, 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, Andrejs Mamikins, Joachim Schuster, Siôn Simon, Marita Ulvskog, Elena Valenciano, Flavio Zanonato

Jean Lambert, Terry Reintke, Tatjana Ždanoka

3

-

ENF

NI

Dominique Martin, Joëlle Mélin

Lampros Fountoulis

1

0

ALDE

Enrique Calvet Chambon

Key to symbols:

+  :  in favour

-  :  against

0  :  abstention