Explanatory Memorandum to COM(2016)528 - European Agency for Safety and Health at Work (EU-OSHA) - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2016)528 - European Agency for Safety and Health at Work (EU-OSHA). |
|---|---|
| source | COM(2016)528  |
| 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 Agency for Safety and Health at Work (EU-OSHA) from 1994. The reasons for the revision are twofold.
The revision of the EU-OSHA's Founding Regulation will align certain provisions of the existing Regulation governing EU-OSHA with the Common Approach on Decentralised Agencies. Secondly, the revision offers the opportunity to update the objectives and tasks of EU-OSHA. The new objectives and tasks will be adjusted to better reflect the developments in this area as well as new needs.
The revision is not an initiative within the Regulatory Fitness Programme (REFIT).
The other two tripartite Agencies of the European Union, Eurofound and CEDEFOP will also undergo a revision of their respective Founding Regulations at the same time as EU-OSHA.
• Consistency with existing policy provisions in the policy area
The EU-OSHA's Founding Regulation has been amended three times, in 1995, 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.
This revision will provide a clearer description of the role of EU-OSHA in supporting the Commission in shaping policies on health and safety at work. It will update the mandate of EU-OSHA as a centre for the technical, scientific, legal and economic information and qualified expertise of use in the field of safety and health at work.
• Consistency with other Union policies
The role of EU-OSHA is to inform and contribute towards better evidence-based policymaking in areas relevant to health and safety at work. The revision thus takes into consideration the existing EU policies on health and safety at work, and foresees complementarity with ongoing and planned research in this area carried out with EU funding, such as those financed under the Horizon 2020 programme.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
The proposed legal basis is article 153 of the Treaty on the Functioning of the European Union (TFEU), which covers the activities carried out by EU-OSHA in the area of health and safety at work where it refers to measures designed to encourage cooperation between Member States in Art 153(2)(a) TFEU.
• 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. A 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 the Council repealing and replacing the existing Council Regulation (EC) 2062/94.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• Ex-post evaluations/fitness checks of existing legislation
The most recent evaluation was conducted by the Agency in 2011 focusing on its Strategy for the period 2009-2013.
• Stakeholder consultations
In line with the requirements of Article 154 TFEU, 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. Otherwise, there were no major suggestions concerning EU-OSHA Founding Regulation.
The Commission has kept the other relevant stakeholders informed on broad decisions concerning this revision exercise 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 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 EU-OSHA's objectives and tasks. In particular, it will allow to define more precisely the role of EU-OSHA in supporting the Commission and other EU institutions and bodies, the Member States, the social partners and those involved in the field in shaping and implementing policies on health and safety at work at both national and European levels.
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. 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