Amended proposal for a Council Regulation (EC) on the European Social Fund
18. 3. 1999 EN Official Journal of the European Communities C 74/7 II (Preparatory Acts) COMMISSION Amended proposal for a Council Regulation (EC) on the European Social Fund (˛) (1999/C 74/07) COM(1999) 44 final - 98/0115(SYN) (Submitted by the Commission pursuant to Article 189a(2) of the EC Treaty on 1 February 1999) (˛) OJ C 176, 9. 6. 1998. ORIGINAL PROPOSAL AMENDED PROPOSAL THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 125 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the Economic and Social Committee, Acting in accordance with Article 189c of the Treaty in cooperation with the European Parliament, (1) Whereas Council Regulation (EC) No. Ø. Ø. (general Regulation) (EEC) No replaced Regulation 2052/88Ø(˛), as last amended by Regulation (EC) No 3193/94Ø(ˇ) and Council Regulation (EEC) No 4253/88Ø(—), as last amended by Regulation (EC) No 3193/94; whereas it is necessary also to replace Council Regulation (EEC) No 4255/88 of 19 December 1988 for implementing the European Social FundØ(Ñ) (hereinÜ after referred to as "the Fund’), as last amended by Regulation (EC) No 2084/93Ø(Ò); laying down provisions (˛) OJ L 185, 15. 7. 1988, p. 9. (ˇ) OJ L 337, 24. 12. 1994, p. 11. (—) OJ L 374, 31. 12. 1988, p. 1. (Ñ) OJ L 374, 31. 12. 1988, p. 21. (Ò) OJ L 193, 31. 7. 1993, p. 39. C 74/8 EN Official Journal of the European Communities 18. 3. 1999 ORIGINAL PROPOSAL AMENDED PROPOSAL (2) Whereas Regulation (EC) No. Ø. Ø. defines the the Structural general arrangements governing Funds as a whole and that it is necessary to define the nature of the activities which the European Social Fund (hereinafter "the Fund’) may finance within Objectives 1, 2 and 3, in the Community initiative combating discrimination and inequalities of any kind in access to the labour market, and under innovative measures and technical assistance; (2) Whereas Regulation (EC) No. Ø. Ø. (general ReguÜ lation) defines the general arrangements governing the Structural Funds as a whole and that it is necessary to define the nature of the activities which the European Social Fund (hereinafter "the Fund’) may finance within Objectives 1, 2 and 3, in the Community initiative combating discrimination and inequalities in access to the labour market, and under innovative measures and technical assistance; (3) Whereas it is necessary to define the mission of the Fund in relation to the tasks prescribed in the Treaty and in the context of the priorities agreed by the Community in the fields of human resource development and employment; (4) Whereas the conclusions of the European Council in Amsterdam in June 1997 and its resolution on growth and employmentØ(˛) initiated the implemenÜ tation of the European employment strategy, the annual guidelines on employment, and the process of for employment; establishing national action plans (5) Whereas it is necessary to redefine the scope of the Fund, in particular following the restructuring and simplification of the objectives of the Structural implementation of the Funds and following the European employment strategy and the national action plans for employment related to it; (5) Whereas it is necessary to redefine the scope of the Fund, in particular following the restructuring and simplification of the objectives of the Structural Funds taking account of the European employment strategy and for employment related to it; the national action plans (6) Whereas is necessary to define a common it three framework for Fund Structural Fund objectives ensure consistency and complementarity of actions across those objectives to improve the workings of the labour market and to develop human resources; in all to interventions so as (7) Whereas the Member States and the Commission should ensure that programming and implemenÜ tation of the actions financed by the Fund in the context of all the objectives contribute to the promotion of equality between women and men; (7) Whereas the Member States and the Commission should ensure that programming and implemenÜ tation of the actions financed by the Fund in the context of all the objectives contribute to the promotion of equality of opportunity between women and men, including the removal of unequal treatment; (˛) OJ C 236, 2. 8. 1997, p. 3. 18. 3. 1999 EN Official Journal of the European Communities C 74/9 ORIGINAL PROPOSAL AMENDED PROPOSAL further ensure (7a) Whereas the Member States and the Commission the planning and should implementation of measures financed by the Fund under all objectives help to promote the inteÜ gration of disadvantaged groups and individuals into the labour market; that (8) Whereas the Member States and the Commission should ensure that the social and labour market dismension of the information society is duly taken into account in implementing actions financed by the Fund; (8) Whereas the Member States and the Commission should ensure that the social dimension of the information society and the employment aspect are duly taken into account in implementing actions financed by the Fund; (9) Whereas it is necessary to ensure that operations relating to industrial adaptation should meet the general needs of workers of either sex resulting from industrial change and changes in production systems identified or predicted and are not designed to benefit a single firm or a particular industry; whereas particular attention should be devoted to small to enhancing access to training and to improving work organisation; and medium sized enterprises and to strengthen employment and (10) Whereas it is necessary to ensure that the Fund job continues supporting anticipation, counÜ qualifications by selling, operations training and throughout the Community and that the activities funded must therefore be horizontal, covering the economy as a whole, without a priori reference to specific industries or sectors; networking to increase the effectiveness of (11) Whereas it is necessary to redefine eligible actions in order the implementation of policy aims in the context of all objectives under which the Fund takes action; whereas to define expenditure eligible for Fund assistance within the framework of the partnership; is necessary it (12) Whereas it is necessary to supplement and specify the content of plans and forms of assistance, especially following the redefinition of Objective 3; (13) Whereas it is necessary to ensure that the support of the Fund is concentrated under each objective on the most important needs and the most effective operations; C 74/10 EN Official Journal of the European Communities 18. 3. 1999 ORIGINAL PROPOSAL AMENDED PROPOSAL (13a) Whereas it is necessary to include provisions that ensure that in the decentralised implementation of aid from the Fund sufficient account is taken of the Community’s social and employment policy priorities; this applies in particular to preventive labour market policy and equal treatment of men and women at work; (14) Whereas it is necessary to introduce arrangements whereby local groups may gain simple and rapid access to Fund support for operations concerned with combating social exclusion and thereby build up their capacity for action in that field; (14) Whereas it is necessary to introduce arrangements whereby local groups, including non governmental organisations, may gain simple and rapid access to Fund for operations concerned with combating social exclusion and thereby build up their capacity for action in that field; support (15) Whereas measures of major importance to the initiative of the Community undertaken at the in Commission have an achieving the general objectives of Community structural action referred to in Article 1 of ReguÜ lation (EC) No. Ø. Ø. ; whereas such initiatives should innovation and transÜ primarily promote policy national cooperation; important role to play (16) Whereas the Fund also contributes to support for technical assistance, innovative measures, and preparatory, monitoring, evaluation measures and control in accordance with Articles 21 and 22 of Regulation (EC) No. Ø. Ø. (general Regulation); (17) Whereas it is appropirate to lay down the powers for the adoption of the implementing provisions and to set out transitional provisions; (18) Whereas it is necessary to repeal Regulation (EEC) 4255/88, HAS ADOPTED THIS REGULATION: Article 1 Mission Within the framework of the task entrusted to the European Social Fund (hereinafter referred to as "the Fund’) by Article 123 of the Treaty and of the tasks entrusted to the Structural Funds pursuant to Article 130b of the Treaty and laid down in Regulation (EC) Within the framework of the task entrusted to the European Social Fund (hereinafter referred to as "the Fund’) by Article 123 of the Treaty and of the tasks entrusted to the Structural Funds pursuant to Article 130b of the Treaty and laid down in Regulation (EC) 18. 3. 1999 EN Official Journal of the European Communities C 74/11 ORIGINAL PROPOSAL AMENDED PROPOSAL No. Ø. Ø. (general Regulation), the Fund shall support human resource development measures to promote a high level of employment and social protection, equality between men and women, sustainable development, and economic and social cohesion. In particular, the Fund shall contribute to the actions undertaken in pursance of the annual the European employment strategy and guidelines on employment. No. Ø. Ø. (general Regulation), the Fund shall support measures to prevent and combat unemployment and human resource development measures to promote a high level of social protection, sustainable development, and economic and social cohesion. In particular, the Fund shall contribute to the actions undertaken in pursuance of the European employment strategy and the annual guidelines on employment. Article 2 Scope of intervention shall 1. Ú The Fund the activities of Member States in the following policy fields, in particular in the context of their multiannual national action plans for employment: support and complement (a) developing active labour policies to combat unemÜ ployment, to prevent both women and men from moving into long term unemployment, to facilitate the reintegration of the long term unemployed into the labour market, and to support the occupational integration of young people and of returners to the labour market; (a) developing and supporting active labour market policies to combat and prevent unemployment, to prevent long term unemployment, to facilitate the reintegration of the long term unemployed into the labour market, and to support the occupational inteÜ gration of young people and of returners to the labour market; (b) promoting social inclusion and equal opportunities for all in accessing the labour market; (c) developing education and training systems as part of to enhance and sustain the lifelong employability, mobility, and labour market; learning policy integration into (c) expanding and improving training and education systems to facilitate access to and integration into the labour market as part of lifelong learning policy, enhancing and sustaining employability, encouraging occupational mobility, and integration into the labour market; improving (d) improving systems to promote a skilled, trained and adaptable workforce, foster innovation and adaptaÜ bility in work organisation, support entrepreneurship and and boost human creation, potential in research, science and technology; employment (d) improving systems and implementing measures to promote a skilled, trained and adaptable workforce, fostering innovation and adaptability in work organiÜ sation, supporting entrepreneurship and employment creation, enhancing skills and boosting human potential in research, science and techology; (e) improving the participation of women in the labour market including their career development, their access to new job opportunities and to entrepreÜ neurship, and reducing vertical and horizontal segreÜ gation in the labour market. (e) specific measures to improve the particiaption of women in the labour market including their career development, their access to new job opportunities and to entrepreneurship, and reducing genderÜ specific vertical and horizontal segregation in the labour market. C 74/12 EN Official Journal of the European Communities 18. 3. 1999 ORIGINAL PROPOSAL AMENDED PROPOSAL 2. Ú The Fund shall contribute to promoting local develÜ opment, including local employment initiatives and terriÜ torial employment pacts. 3. Ú The social and labour market dimensions of the Information Society shall be taken into account, notably by developing policy and programmes designed to harness the employment potential of the information society and to ensure equal access to its facilities and benefits. Article 3 Eligible activities 1. Ú The financial support of the Fund shall in particular be devoted to the following activities: (a) assistance to persons: (i) education and vocational training equivalent training (including vocational to compulsory schooling), pre training, including provision and upgrading of basic skills (including literacy), guidance and counselling; (ii) employment aids and aids for self employment; (iii) in the field of research, science and technology development, post graduate the training of managers and technicians at research establishments and in enterprises; training and (iv) development of new sources of employment; (b) assistance to structures and systems: and (including vocational apprenticeships vocational (i) education, training training equivalent schooling), pre training, including provision and upgrading of basic skills (including literacy), measures to promote employability on the labour market, guidance, counselling and continuing training; compulsory to (iv) development of new sources of employment, in the sector of social entrepreÜ in particular neurship; (i) development and improvement of the quality and content of training, education and qualifiÜ training of including cation teachers, trainers and staff, and improving the access of workers to training and qualifications; systems, the systems and of (i) development and improvement of training and education the quality and content of skills provision in relation to the labour market, training of including teachers, trainers and staff, and improving the access of workers to training and qualifications; the 18. 3. 1999 EN Official Journal of the European Communities C 74/13 ORIGINAL PROPOSAL AMENDED PROPOSAL (ii) modernisation and employment services; improved efficiency of (iii) development of links between the world of work research esÜ training, and and education, tablishments; (iv) development of systems for forward planning and anticipation of changes in employment and skills development, particularly in relation to patterns of work and new forms of work organisation; (iv) development of systems for forward planning and anticipation of changes in employment and skills development, particularly in relation to patterns of work and new forms of work organisation, taking into account the need for the reconciliation of family and working life and the flexible transition from working life to retirement; (c) accompanying measures: (i) assistance in the provision of services to benefiÜ ciaries, including the provision of care services and facilities for dependants, healthcare and legal assistance; (ii) capacity building, in particular to facilitate the pathway approach to labour market integration; (iii) awareness raising, information and publicity. 2. Ú The activities under paragraph 1 above may be combined or complemented as part of a pathway approach to labour market integration. (ii) promoting facilitate market integration; socio educational development the pathway approach to to labour 3. Ú The Fund may finance activities in pursuit of Articles 21 and 22 of Regulation (EC) No. Ø. Ø. (general Regulation). 3. Ú The Fund may finance activities in pursuit of the second subparagraph of Article 2(4) of Regulation (EC) No. Ø. Ø. (general Regulation). Article 4 Concentration of assistance its to maximise the efficiency of Fund 1. Ú In order support, interventions within each of the priority fields referred to in paragraph 1 of Article 2 will be concentrated to cover a limited number of areas or themes and be directed towards the most important needs and the most effective operations, having due regard to the relevant ex ante evaluations. To support these needs and operations, variable co financing rates should be used within the limits defined in Article 28 of Regulation (EC) No. Ø. Ø. Ø (general Regulation). its to maximise the efficiency of Fund 1. Ú In order support, interventions within each of the priority fields referred to in paragraph 1 of Article 2 will be concentrated on the most important themes and needs and the most effective operations, having due regard to the relevant ex ante evaluations. To support these needs and operations, variable co financing rates should be used within the limits defined in Article 28 of Regulation (EC) No. Ø. Ø. (general Regulation). C 74/14 EN Official Journal of the European Communities 18. 3. 1999 ORIGINAL PROPOSAL AMENDED PROPOSAL 2. Ú The programming of Fund interventions shall, subject to the results of the ex ante evaluations, ensure that measures relating to each of the five policy fields referred to in paragraph 1(a) to (e) of Article 2 above will be undertaken. Fund appropriations available for the intervention in question shall give a particular emphasis to the policy fields set out in paragraph 1(d) and (e) of Article 2. Where the financial scale of the programme is insufÜ intervention within ficient to support effective policy each of the five policy fields set out in paragraph 1 of Article 2, the strategy set out in the programming of the activities financed by the Fund must nevertheless take explicit account of all of those policy fields. for the intervention interventions 3. Ú The programming of Fund shall provide that at least 1Ø% of the Fund appropriations available in question shall be available, in conformity with Article 26 of Regulation (EC) No. Ø. Ø. Ø (general Regulation), for the distribution by in particular for local projects, with preference going to non governmental organisations or local partnerships involving non governmental organisations. Special access for non governmental arrangements organisations. intermediary organisations of shall be made small grants for the interventions 3. Ú The programming of Fund shall provide that at least 1Ø% of the Fund appropriations available in question shall be available, in conformity with Article 26 of Regulation (EC) No. Ø. Ø. (general Regulation), for the distribution by intermediary organisations of small grants with special access arrangements for non governmental organisations. intervention Article 5 Community initiative 1. Ú Pursuant to Article 19 of Regulation (EC) No. Ø. Ø. (general Regulation), the Fund shall, in accordance with Article 20(1) of that Regulation, contribute to the implementation of for combating discrimination and inequalities in access to the labour market. the Community initiative 2. Ú In conformity with Article 20(2) of Regulation (EC) No. Ø. Ø. (general Regulation), the decisions on the contribution of the Fund to the Community initiative may extend the scope of assistance referred to in Article 3 of this Regulation to cover measures which can be funded by the Regulations so as to permit the implemenÜ tation of all the measures foreseen in the initiative. 18. 3. 1999 EN Official Journal of the European Communities C 74/15 ORIGINAL PROPOSAL AMENDED PROPOSAL Article 6 Innovative measures and technical assistance preparatory, monitoring 1. Ú In conformity with Article 21(2) of Regulation (EC) No. Ø. Ø. (general Regulation), the Commission may evaluation finance operations in Member States or at Community level which are necessary for the implementation of the operations referred to the present Regulation. They may include: and (a) operations of an innovatory nature and pilot projects and labour markets, employment, concerning vocational training; (b) studies, technical assistance and the exchange of experience which has a multiplier effect; (c) technical assistance for the preparation, monitoring, and evaluation, as well as control of operations financed by the Fund; (d) operations directed, within the framework of social dialogue, at staff from enterprises in two or more Member States and concerning the transfer of special knowledge relating to areas of intervention by the Fund; (e) informing the various partners involved, the final beneficiaries of assistance from the Fund and the general public. 2. Ú In accordance with Article 21(2) of Regulation (EC) No. Ø. Ø. (general Regulation), the field for projects covered by point (a) of paragraph 1 of this Article is extended by the decision for the participation of the Funds to measures that can be financed under ReguÜ lations (EC) No. Ø. Ø. Ø in order to implement all the measures envisaged by the innovative actions concerned. Article 7 Applications for assistance Applications for a contribution from the Fund shall be accompanied by a computerised form, drawn up by the Commission in consultation with the Member States, listing the operations regarding each form of assistance so that it can be followed through from budgetary commitment to final payment. C 74/16 EN Official Journal of the European Communities 18. 3. 1999 ORIGINAL PROPOSAL AMENDED PROPOSAL Article 8 Implementing provisions The detailed implementing rules for this Regulation shall be adopted by the procedure laid down in Article 53 of Regulation (EC) No. Ø. Ø. (general Regulation). the Commission according to Article 9 Transitional provisions The transitional provisions set out in Article 52 of ReguÜ. Ø. Ø. Ø (general Regulation) shall apply lation (EC) No mutatis mutandis to the present Regulation. Article 10 Review clause On a proposal from the Commission, the Council shall review this Regulation by 31 December 2006. It shall act on this proposal in accordance with the procedure laid down in Article 130d of the Treaty. Article 11 Repeal Regulation (EEC) 4255/88 as amended by Regulation (EEC) 2084/93 is hereby repealed as from 1 January 2000. References to the repealed Regulation shall be construed as references to this Regulation. Article 12 Entry into force This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities. This Regulation shall be binding directly applicable in all Member States. in its entirety and