Revised rules of procedure of the governing board of the European Centre for the Development of Vocational Training

(Approved by the Council on 24 July 2006)

(2006/C 182/02)

THE GOVERNING BOARD OF THE EUROPEAN CENTRE FOR THE DEVELOPMENT OF VOCATIONAL TRAINING,

Set up by Article 4 of Council Regulation (EEC) No 337/75 of 10 February 1975 establishing a European Centre for the Development of Vocational Training [1], (hereinafter "the founding Regulation"),

Having regard to the first paragraph of Article 5 thereof,

HAS ADOPTED THE FOLLOWING RULES OF PROCEDURE:

Appointment of the Chair and Vice-Chairs

Article 1

The Chairperson and the three Vice-Chairpersons shall be appointed by the Governing Board in such a way that each belongs to one of the four categories mentioned in Article 4(2) of the founding Regulation.

Article 2

1. If the Chairperson is absent or unable to attend, his/her duties shall be performed by one of the Vice-Chairpersons, selected in the order laid down by the Bureau.

2. If the Chairperson and the Vice-Chairpersons are absent or unable to attend, these duties shall be performed by the most senior or, in the case of equal seniority, by the oldest Member present.

Bureau

Article 3

1. In accordance with Article 4(8) and (5) of the founding Regulation, the Governing Board shall establish a Bureau, which shall be made up of the chair and the three vice-chairs of the Governing Board, the coordinator of the Governments' Group, the coordinator of the Employees' Group, the coordinator of the Employers' group and one more representative of the Commission Services.

2. Without prejudice to the responsibilities of the Director set out in Article 7 and 8 of the Founding Regulation, the Bureau shall take decisions which are urgent or necessary for governing the Centre between meetings of the Governing Board and shall, as delegated by the Governing Board, monitor the implementation of the decisions of the Governing Board.

3. The Bureau may not replace the Governing Board in respect of acts which the founding Regulation has expressly reserved to the latter: the list of candidates for a new Director (Article 6(1)); the medium-term priorities and the work programme (Article 8(1)) and the estimate of revenue and expenditure for the following financial year (Article 11(1)); as well as issues on the organisation, composition and method of working of the Bureau

4. The Bureau's decisions shall be taken by consensus. If no consensus can be reached, the Bureau shall refer the matter to the Governing Board for decision (Article 4(12) of Founding Regulation).

5. The Governing Board may decide to enlarge the Bureau with up to three additional members per group for meetings with strategic issues for future Governing Board decisions.

6. The agreement of the members of the Bureau on a proposal made by one of them, or by the Director of the Centre may be ascertained by a written procedure, as laid down by the Governing Board.

Convening and venue

Article 4

1. Pursuant to Article 4(6) of founding Regulation, the Governing Board shall be convened by its Chairperson, either on his/her own initiative at least once a year, or at the request of at least one third of the members.

2. The Director of the Centre shall, on behalf of the Chairperson, notify each member of the date of a meeting not less than 15 working days before the date thereof. He/she shall simultaneously send them the draft agenda comprising the items to be examined and any preparatory documents.

3. If, in accordance with Article 4(6) of founding Regulation, at least one third of the members of the Governing Board request that the Board be convened the Chairperson shall comply with the request within one month in accordance with paragraph 2.

Article 5

As a general rule, meetings of the Governing Board shall be held at the seat of the Centre.

Agenda

Article 6

1. At the beginning of a meeting, the Governing Board shall adopt the agenda, which shall consist of the items included on the draft agenda referred to in Article 4(2) and any other items falling within its competence proposed by the Chairperson or, in accordance with paragraph 2, by one or more of its members.

2. Any request by one or more members of the Governing Board for the inclusion of an item on the agenda or its deletion therefrom shall state the reasons on which it is based and shall be sent in writing to the Chairperson at least one week before the meeting. The Chairperson shall immediately bring any such request to the notice of the other members of the Governing Board.

3. During a meeting, any member may propose the inclusion of an item on the agenda for the subsequent meeting. At the beginning of this subsequent meeting, the Governing Board shall decide whether to include the proposed item on the agenda.

Attendance at meetings

Article 7

1. Besides the Chairperson, Vice-Chairpersons and members, the following persons may attend meeting without being entitled to vote:

- the Director and Deputy Director of the Centre.

2. On a proposal from the Chairperson, the Governing Board may allow the following persons to attend meetings of the Governing Board or the Bureau without being entitled to vote:

- members of the Staff Committee of the Centre,

- persons particularly qualified in matters which are the responsibility of the Board.

Article 8

Any member of the Governing Board who is unable to attend a meeting shall notify the Director of the Centre.

Proceedings

Article 9

1. The presence of majority of members of the Governing Board or of persons validly representing them shall constitute a quorum, account being taken of Article 13, with at least one third of its members present.

In the absence of a quorum, the Chairperson shall close the meeting and convene another as soon as possible.

2. Meetings of the Governing Board shall not be public, but the outcome will be published unless matters are confidential.

3. The Chairperson shall direct the proceedings.

4. The Chairperson shall give precedence to those wishing to raise a point of order or a preliminary matter.

5. If a speaker departs from the subject and has already been called to order twice by the Chairperson, the Chairperson may, if the speaker's remarks are still not to the point, forbid him/her to speak.

6. If the Chairperson or any member disputes the admissibility of a motion proposed by a member during the proceedings, the matter shall be put to vote. The substance of such a motion may be discussed only with the assent of the majority, within the meaning of Article 10(1).

7. If the Chairperson considers that a motion may impede the Governing Board's proceedings, he/she shall forthwith put it to the vote without debate.

Adoption of decisions

Article 10

1. In accordance with Article 4(7) of the founding Regulation, decisions by the Governing Board shall be adopted by an absolute majority of its members.

2. Motions that the Governing Board should not express an opinion on a question or that consideration of a question should be postponed shall be voted on before any motion dealing with the substance of the question.

3. A motion which deals with several questions shall be divided into its several parts if this is requested.

4. Where several motions are tabled on one and the same question, the most far-reaching among them shall be put to vote first. In the case of amendments, that amendment which departs the furthest from the basic text shall be put to the vote first. In the case of amendments to an amendment, there shall be put to the vote first, beginning with the most far-reaching, those amendments which seek to amend the amendment which departs the furthest from the basic text.

5. The final vote shall be taken on the text resulting from previous voting.

Article 11

1. The voting figures shall be stated for each decision adopted by the Governing Board. The decision shall be accompanied by a written statement of the views of the minority, where the latter so requests.

2. The Director of the Centre shall, where necessary, give notice of the decisions adopted.

Method of voting

Article 12

1. Voting shall be by show of hands or by roll call.

2. If the result of a vote by show of hands is disputed, the Chairperson shall proceed to a vote by roll call.

3. Nominations and appointments shall be made by secret vote if one of the members so requests or if the Chairperson thinks it necessary.

4. In the case of a secret vote, the Chairperson shall count the votes in the presence of three scrutineers appointed by the Governing Board each time a vote is taken. The Chairperson shall declare the results immediately.

5. When a motion is put to the vote, any member present shall, if he/she so wishes, be authorised by the Chairperson to give a brief explanation of the reasons for his/her vote.

Voting by proxy

Article 13

1. Any member unable to attend a meeting may authorise any other member in his own category to vote on his/her behalf. Members so doing must inform the Chairperson thereof in writing before the meeting.

2. A member may not be given more than two proxy votes.

3. A proxy vote is valid only for the meeting for which it has been given.

Closure of debates

Article 14

1. The Chairperson may move the closure of the debate when he/she considers that all members have had an opportunity to express their views. Members may also move for closure.

2. Any member asking to speak on closure shall be given precedence.

3. Any motion to close the debate shall be put to a vote.

Written procedures

Article 15

1. Written procedures can be organised in two ways:

(a) via a proposal, which is sent to all Governing Board members, who are requested to give their positions to their Bureau members for a decision by the Bureau;

(b) via a proposal for a decision following a failure to reach a consensus in the Bureau (Article 3(5)),

2. The Governing Board shall lay down the practical arrangements for implementation of written procedures, which have to leave enough time for (electronic) voting and other procedures to finalise the voting procedure.

Minutes of meetings

Article 16

1. Minutes shall be taken of each meeting.

2. These minutes shall include:

(a) The list of those present and proxy votes,

(b) A record of the proceedings,

(c) The decisions adopted by the Governing Board with an indication of the voting figures for each vote taken.

3. The Governing Board shall receive draft minutes within four weeks of the relevant meeting.

4. The minutes shall be submitted to the Governing Board by written procedure and shall be adopted by the Bureau.

5. Motions to amend the draft minutes shall be submitted to the Director in writing no later than four weeks after they have been received by the members.

6. The approved minutes shall be signed by the Chairperson and countersigned by the Director of the Centre.

Secretariat

Article 17

1. In accordance with Article 7(2) of the founding Regulation, the Director of the Centre shall prepare and organise the work of the Governing Board and the Bureau and shall provide the secretariat for their meetings. He/she shall assist the Bureau and the Governing Board in preparing their decisions reached in the meeting or via written procedure.

2. Correspondence intended for the Governing Board, its Chairperson or the Director of the Centre shall be addressed to the Centre.

Revision of the Rules of Procedure

Article 18

1. The Governing Board shall decide on the revision of its rules of procedure by an absolute majority of its members.

2. The revision shall enter into force after the Council of the European Union has received an opinion from the Commission and has given its approval.

[1] OJ L 39, 13.2.1975, as last amended by Council Regulation (EC) No 2051/2004 of 25 October 2004, OJ L 355 of 1.12.2004, p. 1.

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