9 European Foundation for the Improvement
of Living and Working Conditions
| (25610)
9031/04
COM(04) 57
| Draft Council Regulation amending Regulation (EEC) No. 1365/75 on the creation of the European Foundation for the Improvement of Living and Working Conditions
|
| Legal base | Article 308 EC; consultation; unanimity
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| Department | Work and Pensions
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| Basis of consideration | Minister's letter of 23 June 2004
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| Previous Committee Report | HC 43-xxii (2003-04), para 10 (9 June 2004)
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| To be discussed in Council | No date set
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| Committee's assessment | Legally important
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| Committee's decision | Cleared
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Background
9.1 The European Foundation for the Improvement of Living and
Working Conditions was set up in 1975. It provides research-based
information on living and working conditions and on industrial
relations.
9.2 On 9 June, we considered a draft Regulation to
reform the management of the Foundation. We concluded that the
proposed changes to the management arrangements seem sensible.
But we were concerned that Article 308 of the EC Treaty was cited
as the legal base for the proposal. (The Article empowers the
Council to take measures for which there is no other legal base
in the Treaty and which are necessary to attain, in the course
of the operation of the common market, one of the objectives of
the Community). We accepted that Article 136 EC did not appear
to provide the necessary power. But it appeared to us that Article
137(2)(a) might. The activities of the Foundation — including
measures to make the performance of those activities more effective
— seemed to us to come within the ambit of the Article.
9.3 Accordingly, we asked the Government for its
views on the availability of an alternative to Article 308 as
the legal base for the proposal.
The Minister's letter
9.4 The Parliamentary Under-Secretary of State at
the Department of Work and Pensions (Mr Chris Pond) writes to
tell us that:
"The opening words of [Article] 137(1) do refer
to 'achieving the objectives in [Article] 136'[;] however, they
go on to say that 'the Community shall support and complement
the activities of Member States in the following fields' and then
lists them. Article 137(2) then provides for Council to adopt
measures to achieve those objectives listed.
"It is considered that the exercise of power
under this Article is limited to the fields listed. However,
we do not consider that these provide for the range of work of
the Foundation. For example, working conditions, generally, are
covered as is social exclusion but the Foundation's work in respect
of living conditions is much broader and is not covered.
"I share the Committee's general concern regarding
the inappropriate use of Article 308. However, in this circumstance,
I consider that Article 137 EC vires is deficient and consequently
Article 308 EC is the appropriate legal base for this regulation."
Conclusion
9.5 We are grateful to the Minister for his helpful
explanation. We consider it arguable whether Article 137(2) is
or is not available in this case. We accept, however, that the
Minister's view is tenable and that he has considered the point
carefully.
9.6 We have decided, therefore, not to pursue
the point and we are now content to clear the document from scrutiny.
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