THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof,
Having regard to the proposal from the Commission, submitted following consultation with the Advisory Committee for Safety and Health at Work,
Having regard to the Opinion of the European Parliament,
Whereas:
(1)
Council Regulation (EC) No 2062/94 of 18 July 1994 establishing a European Agency for Safety and Health at Work includes provisions concerning the aims, tasks and organisation of the Agency and in particular of its Administrative Board. Those provisions were amended following the accession of Austria, Finland and Sweden, when new members had to be added to the Administrative Board.
(2)
Health and safety at work, a key element in promoting quality in employment, represents one of the European Union's most important social policy areas. The Commission Communication on ‘Adapting to change in work and society: a new Community strategy on health and safety at work 2002 to 2006’ of 11 March 2002 highlights the important role to be played by the European Agency for Safety and Health at Work, hereinafter ‘the Agency’, in the promotion, awareness-raising and anticipation activities needed to achieve the objectives set out therein.
(3)
The Council Resolution of 3 June 2002 on a new Community strategy on health and safety at work (2002 to 2006) requires the Agency to play a leading role in the collection and dissemination of information on good practice, awareness-raising and risk anticipation. The Council calls on the Commission to promote cooperation between the Member States and the social partners at European level through the Agency, with a view to future enlargement and welcomes the Commission's intention to submit a proposal for improving the Agency's operation and tasks in the light of the external evaluation report and the Advisory Committee's opinion on that report.
(4)
The European Parliament Resolution of 23 October 2002 on the Commission Communication: ‘Adapting to change in work and society: a new Community strategy on health and safety at work 2002 to 2006’ also supports the leading role given to the Agency as the key player in non-legislative health and safety activities at Community level and hopes that the European Foundation for the Improvement of Living and Working Conditions and the Agency will continue to improve their cooperation in line with their respective roles in this policy area.
(5)
The European Economic and Social Committee Opinion of 17 June 2002 on the Communication from the Commission ‘Adapting to change in work and society: a new Community strategy on health and safety at work 2002 to 2006’ highlights the role of the Agency in the evaluation of risks and the need for regular contacts between the Agency and the European Foundation for the Improvement of Living and Working Conditions to avoid duplication and to stimulate joint reflection.
(6)
The Commission Communication on the ‘Evaluation of the European Agency for Safety and Health at Work’, prepared in accordance with Article 23 of Regulation (EC) No 2062/94 and based on an external evaluation carried out in 2001, as well as on the contributions of the Administrative Board and of the Commission Advisory Committee for Safety and Health at Work, underlines the need to amend Regulation (EC) No 2062/94 in order to maintain and improve the efficiency and effectiveness of the Agency and its management structures.
(7)
The European Parliament has called upon the Commission to reconsider the composition and working methods of agencies' boards and to put forward appropriate proposals.
(8)
A Joint Opinion concerning the future governance and functioning of the Boards of the Agency, the European Centre for the Development of Vocational Training and the European Foundation for the Improvement of Living and Working Conditions has been submitted to the Commission by their respective management or administrative Boards.
(9)
The tripartite governance of the Agency, the European Centre for the Development of Vocational Training and the European Foundation for the Improvement of Living and Working Conditions by representatives of governments, employers' organisations and employees' organisations is fundamental to the success of those bodies.
(10)
The participation of the social partners in the governance of those three Community bodies creates a specificity which requires them to function according to common rules.
(11)
The existence within the tripartite Board of the three groups drawn from government, employers and employees and the designation of a coordinator for the groups of employers and employees have proved to be essential. That arrangement should therefore be formalised and also extended to the government group. In line with the guidelines for the development of future Community Bodies, included in the communication from the Commission ‘The operating framework for the European Regulatory Agencies’, and in particular the need for representation of the relevant stakeholders in the boards of these bodies, and in line with the principle agreed by the Heads of State and Government for more active involvement of the social partners in the development of the Social Policy Agenda, all Board members (government employers, employees and Commission representatives) should have uniformly one vote each.
(12)
The maintenance of the tripartite representation from each Member State ensures that all major stakeholders are involved and that account is taken of the diversity of interests and approaches which characterise social issues.
(13)
It is necessary to anticipate the practical consequences for the Agency of the forthcoming enlargement of the Union. The composition and functioning of its Board should be adjusted to take account of the accession of new Member States.
(14)
The Bureau provided for in the Rules of Procedure of the Board needs to be strengthened in order to ensure continuity in the functioning of the Agency and efficiency in its decision-making. The composition of the Bureau should continue to reflect the tripartite structure of the Board.
(15)
According to Article 3 of the Treaty, the Community shall aim to eliminate inequalities and promote equality between men and women in all its activities. Therefore, it is appropriate to make provision for encouraging a balanced representation of men and women in the composition of the Board.
(16)
Regulation (EC) No 2062/94 should therefore be amended accordingly.
(17)
The Treaty provides for no powers, other than those under Article 308 thereof for the adoption of this Regulation,
HAS ADOPTED THIS REGULATION: