Regulation (EEC) No 337/75 of the Council of 10 February 1975
Establishing a
European Centre for the Development of Vocational Training
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in
particular Article 235 thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the European Parliament;
Having regard to the Opinion of the Economic and Social Committee;
Whereas on the basis of Article 128 of the Treaty, the Council, in its Decision
of 2 April 1963, laid down general principles for implementing a common
vocational training policy;
Whereas under Article 118 of the Treaty the Commission has the task of promoting
close cooperation between Member States in the social field, particularly in
matters relating to basic and advanced vocational training;
Whereas the Council, in its resolution of 21 January 1974 concerning a
social action programme, made one of the objectives of that programme the
implementation of a common vocational training policy with a view to attaining
progressively the principal objectives thereof, especially approximation of
training standards, in particular by setting up a European Vocational Training
Centre; whereas, furthermore, the Council decided that this objective should be
given priority;
Whereas the implementation of a common vocational training policy gives rise to
ever more complex problems, and whereas the solution of those problems requires
a large degree of involvement on the part of those concerned, and more
especially on the part of both sides of industry;
Whereas the setting up of a European Centre for the Development of Vocational
Training - a body independent of the departments of the Commission, but which
must cooperate with them to the full - is necessary for the effective
implementation of that common policy, and whereas the Treaty has not provided
the specific powers necessary for setting up such a centre;
Whereas the centre will be set up within the framework of the European
Communities and will function in accordance with Community law; whereas the
conditions under which certain general provisions will apply should be defined,
HAS ADOPTED THIS REGULATION:
Article 1
A European Centre for the Development of Vocational Training, hereinafter called
"the centre", is hereby set up.
In each of the Member States, the centre shall enjoy the most extensive legal
capacity accorded to legal persons.
The centre shall be non-profit making. It shall have its seat in Berlin (West).
Article 2
The aim of the centre shall be to assist the Commission in encouraging, at
Community level, the promotion and development of vocational training and of
in-service training
To that end, within the framework of the guidelines laid down by the Community,
it shall contribute, through its scientific and technical activities, to the
implementation of a common vocational training policy.
It shall, in particular, encourage the exchange of information and the
comparison of experience.
The main tasks of the centre shall be:
to compile selected documentation
relating in particular to the present situation, the latest developments and
research in the relevant fields, and to matters of vocational training
structure;
to contribute to the development and coordination of research in the above
fields;
to disseminate all useful documentation and information;
to encourage and support any initiative likely to facilitate a concerted
approach to vocational training problems. The centre's activity in this respect
shall deal in particular with the problem of the approximation of standards of
vocational training with a view to the mutual recognition of certificates and
other documents attesting completion of vocational training;
to provide a forum for all those concerned.
In its activities the centre shall take into account the links which exist
between vocational training and the other branches of education.
Article 3
The centre shall take the measures necessary for the attainment of its
objectives. It may in particular:
organize courses and seminars;
conclude study contracts and Commission or, where necessary, carry out pilot
projects or individual projects to assist the implementation of the centre's
work programme;
publish and distribute useful documentation, including a Community vocational
training bulletin.
In carrying out its tasks, the centre shall establish appropriate contacts,
particularly with specialized bodies, whether public or private, national or
international, with public authorities and educational institutions and with
workers "and employers" organizations.
Article 4
The centre shall be administered by a Management Board comprising 30 members
of whom:
nine members shall represent the Governments of the Member States;
nine members shall represent the employers' professional organizations;
nine members shall represent the employees' trade union organizations;
three members shall represent the Commission.
The members referred to in (a), (b) and (c) shall be appointed by the Council on
the basis of one member per Member State for each of those groups.
The Commission shall appoint the members who are to represent it.
The term of office of members shall be three years. It shall be renewable.
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 Management Board shall elect its Chairman and three Vice-Chairmen from
among its members, to serve for a period of one year.
The Chairman shall convene the Management Board at least twice a year or at
the request of at least one-third of its members.
Decisions by the Management Board shall be taken by an absolute majority of
its members.
Article 5
The Management Board shall adopt its rules of procedure, which shall enter into
force when approved by the Council, acting on the Opinion of the Commission.
It shall decide whether to set up ad hoc working parties on the basis of the
requirements of the annual work programme. It shall regularly inform the
Commission of the activities of the centre.
Article 6
The director of the centre shall be appointed by the Commission from a list
of candidates submitted by the Management Board.
The term of office of the director shall be renewable every five years.
Article 7
The director shall carry out the decisions of the Management Board and shall
be responsible for the day-to-day administration of the centre. He shall be the
legal representative of the centre.
He shall prepare and organize the work of the Management Board and provide
the Secretariat for their meetings.
He shall coordinate the activities of the working parties.
He shall be responsible for all staff matters and for engaging and dismissing
staff.
He shall be accountable to the Management Board for his activities.
Article 8
On the basis of a draft submitted by the director, the Management Board shall
adopt the annual work programme in agreement with the Commission. The programme
shall take into account the priority needs indicated by the Community
institutions.
The centre shall take into account the activities of other bodies working in
the field of vocational training when planning its own work.
Article 9
The Management Board shall, by 31 March at the latest, adopt an annual general
report on the activities and financial situation of the centre and shall submit
it to the Commission.
Article 10
The Management Board shall draw up a statement of all revenue and expenditure,
which shall be in balance, for each financial year, which shall be the same as
the calendar year.
Article 11
The Management Board shall, by 31 March each year at the latest, send the
Commission an estimate of revenue and expenditure. This estimate, which shall
include an establishment plan, shall be forwarded by the Commission to the
Council with the preliminary draft budget of the European Communities.
The budget of the European Communities shall each year, under a specific
heading, include a subsidy for the centre.
The procedure in force for the transfer of appropriations from one chapter to
another shall apply to the appropriation for this subsidy.
The budget authority shall draw up the establishment plan of the centre.
The Management Board shall adopt the estimate of revenue and expenditure
before the beginning of the financial year, adjusting it to the subsidy granted
by the budget authority. The estimate thus adopted shall be forwarded by the
Commission to the budget authority.
Article 12
The financial provisions applying to the centre shall be adopted under
Article 209 of the Treaty.
The Management Board shall, by 31 March at the latest, send the accounts of
all the revenue and expenditure of the centre for the preceding financial year
to the Commission and to the Audit Board. The latter shall examine them in
accordance with the second paragraph of Article 206 of the Treaty.
The Commission shall submit the accounts and the report of the Audit Board,
together with its own comments, to the Council and to the European Parliament by
31 October at the latest. The Council and the European Parliament shall give a
discharge to the Management Board of the centre under the procedure laid down in
the fourth paragraph of Article 206 of the Treaty.
The financial controller of the Commission shall be responsible for checking
the commitment and payment of all expenditure and the recording and recovery of
all revenue of the centre.
Article 13
The provisions governing the staff of the centre shall be adopted by the
Council, acting on a proposal from the Commission.
Article 14
Members of the Management Board, the Director, the staff and all other persons
participating in the activities of the centre shall be required, even after
their duties have ceased, not to disclose information of the kind covered by the
obligation of professional secrecy.
Article 15
The rules governing the languages of the European Communities shall apply to the
centre.
Article 16
The Protocol on the privileges and immunities of the European Communities shall
apply to the centre.
Article 17
The contractual liability of the centre shall be governed by the law
applicable to the contract in question.
The Court of Justice of the European Communities shall have jurisdiction to give
judgment pursuant to any arbitration clause contained in a contract concluded by
the centre.
In the case of non-contractual liability, the centre shall, in accordance
with the general principles common to the laws of the Member States, make good
any damage caused by the centre or its servants in the performance of their
duties.
The Court of Justice shall have jurisdiction in disputes relating to
compensation for any such damage.
The personal liability of servants towards the centre shall be governed by
the relevant provisions applying to the staff of the centre.
Article 18
Member States, members of the Management Board and third parties directly and
personally involved may refer to the Commission any act of the centre, whether
express or implied, for the Commission to examine the legality of that act.
Referral shall be made to the Commission within 15 days of the day on which the
party concerned first became aware of the act in question.
The Commission shall take a Decision within one month. If no Decision has been
taken within this period, the case shall be deemed to have been dismissed.
Article 19
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all
Member States.
