Explanatory Memorandum to COM(2016)532 - European Centre for the Development of Vocational Training (Cedefop) - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2016)532 - European Centre for the Development of Vocational Training (Cedefop). |
|---|---|
| source | COM(2016)532  |
| date | 23-08-2016 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
The proposal aims to revise the Founding Regulation of the European Centre for the Development of Vocational Training (Cedefop) from 1975. The reasons for the revision are twofold.
The revision of the Cedefop's Founding Regulation will 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. Since its establishment in 1975, the Centre has adapted its activities to the overall societal, institutional and economic developments and emerging trends in European policies in the field of vocational education and training. This includes technological developments, as vocational occupations have been increasingly relying on the use of digital technologies. To respond to the evolution of the changing policy context, Cedefop's current activities go beyond vocational education and training and include work on qualifications, in particular the European Qualifications Framework, on skills analysis and forecasting, and the validation of non-formal and informal learning which should all be acknowledged. The new objectives and tasks will be adjusted to better reflect these developments.
The revision is not an initiative within the Regulatory Fitness Programme (REFIT).
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 Foundation for the Improvement of Living and Working Conditions (Eurofound) will also undergo a revision of their respective Founding Regulations at the same time as Cedefop.
• Consistency with existing policy provisions in the policy area
The Cedefop's Founding Regulation has been amended five times, in 1993, 1994, 1995, 2003 and 2004, mainly to take account of the EU enlargement or Treaty changes. However, these amendments have not significantly altered the fundamentals of the Agency.
This revision will define more sharply the role of Cedefop in supporting the shaping and implementation of vocational education and training, skills and qualifications policies. It will update the mandate of Cedefop as a centre for analysis, research and policy monitoring in these policy areas.
• Consistency with other Union policies
As Cedefop is at the interface of vocational education and training and the labour market, the revision takes into consideration the existing EU education and training policies 1 and skills policies 2 , on the one hand and employment policies on the other hand. It foresees complementarity with ongoing and planned research in this area carried out with EU funding, such as those financed under EU research funding programmes.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
The proposed legal basis is article 166 i with references to a vocational training policy which shall support and supplement the action of the Member States, while fully respecting the responsibility of the Member States for the content and organisation of vocational training, article 165 i with references to the contribution of the Union to the development of quality education by encouraging cooperation between Member States and, if necessary, by supporting and supplementing their action, while fully respecting the responsibility of the Members States for the content of teaching and the organisation of education systems and article 149 of the Treaty on the Functioning of the European Union, referring to adoption of incentive measures designed to encourage cooperation between Member States and to support their action in the field of employment.
• Subsidiarity (for non-exclusive competence)
This proposal addresses certain aspects relating to how the EU agency operates internally and within the EU institutional framework. Therefore, the objectives of this proposal cannot be achieved by action at national level.
• Proportionality
The revision of the Founding Regulation should be considered in terms of its impact on administrative burden and budgetary costs so as to respect the proportionality principle. A general principle which shall guide the revision is the necessity to keep the text of the Founding Regulation simple, clear and flexible, while relying on other forms of regulation (e.g. Rules of Procedure) for detailed provisions. The Founding Regulation should have a mid-term lifespan and ensure the necessary flexibility to allow for possible future developments in the organisation without a need for a further revision.
• Choice of the instrument
The instrument will be a Regulation of the European Parliament and of the Council repealing and replacing Regulation (EEC) No 337/75.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• Ex-post evaluations/fitness checks of existing legislation
The most recent external evaluation carried out by the Commission, finalised in 2013, recommended to amend Cedefop's Founding Regulation to reflect the Agency's work on skills and qualifications as one of its tasks and to integrate more clearly the work on policy reporting and common European tools and initiatives.
• Stakeholder consultations
Management and labour at EU level have been consulted on both the possible direction of Union action and the content of the envisaged proposal. Both management and labour insisted in their opinion on maintaining the tripartite nature of the Agency and reflecting this in the objectives of the Agency and in the representation of all groups in its governance structures.
The Commission has kept other relevant stakeholders informed on broad decisions concerning this revision exercise and consulted them when necessary.
• Collection and use of expertise
Not applicable.
• Impact assessment
Given the limited revision of the founding act, an impact assessment was not carried out.
• Regulatory fitness and simplification
Not applicable. The proposal is not linked to REFIT.
• Fundamental rights
Not applicable.
4. BUDGETARY IMPLICATIONS
The budgetary implications in terms of human and financial resources, as presented in more detail in the Legislative Financial Statement, are in line with the Commission Communication (2013)519.
5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
In accordance with the Common Approach, the proposal includes a provision on the evaluation of the Agency by the Commission. In addition to making this proposal, the Commission envisages to carry out a cross-cutting evaluation to assess the Agency's objectives, mandates, governance and tasks, also in relation to other Agencies acting in the field of labour market, working conditions, vocational education and training and skills.
• Explanatory documents (for directives)
Not applicable.
• Detailed explanation of the specific provisions of the proposal
The revision of the Founding Regulation offers the opportunity to update Cedefop's objectives and tasks, to reflect the developments within the Agency and in the context in which it operates since the adoption of the Founding Regulation. It will allow the role of Cedefop to be reconfirmed in supporting the Commission in shaping and implementing vocational education and training, skills and qualifications policies.
Furthermore, the revision creates the opportunity to provide for anti-fraud measures, conflict of interest policy, evaluation and review, and the establishment of a headquarters agreement.
The revision will also harmonise the provisions on programming and reporting with the requirements set by the revised Framework Financial Regulation. It will lead to modifying and aligning the appointment procedure of the Director (Executive Director) with the procedure provided for in the Common Approach. The role of appointing authority will be conferred to the Management Board of the Agency. The terminology for the management structure will be aligned with the Common Approach. Certain elements of the Founding Act are not being reviewed in the light of the Common Approach in the framework of this proposal, pending further evaluation.
Regarding the appointment by the Council of the Management Board members representing the employers' and employees' organisations from each Member State, it is proposed that this is done on the basis of a list submitted by the EU social partners' organisations.