Regulation (EC) No 1262/1999 of the European Parliament and of the Council of 21 June 1999 on the European Social Fund
L 161/48 EN Official Journal of the European Communities 26. 6. 1999 REGULATION (EC) No 1262/1999 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 21 June 1999 on the European Social Fund THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in articular Article 148 thereof, Having regard Commission (1), to the proposal from the Having regard to the opinion of the Economic and Social Committee (2), Having regard to the opinion of the Committee of the Regions (3), Acting in accordance with Article 251 of Treaty (4), the (1) Whereas Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds (5) replaces Regulation (EEC) No 2052/88 (6) and Regulation (EEC) No 4253/88 (7); whereas it is also necessary to replace Council Regulation (EEC) No 4255/88 of 19 December 1988 laying down provisions for implementing Regulation (EEC) No 2052/88 as regards the European Social Fund (8); (1) OJ C 176, 9. 6. 1998, p. 39 and OJ C 74, 18. 3. 1999, p. 7. (2) OJ C 407, 28. 12. 1998, p. 74. (3) OJ C 51, 22. 2. 1999, p. 48. (4) European Parliament opinion of 19 November 1998 (OJ C 379, 7. 12. 1998, p. 186), Council Common Position of 14 April 1999 (OJ C 134, 14. 5. 1999, p. 9) and European Parliament Decision of 6 May 1999 (not yet published in the Official Journal). (5) See page 1 of this Official Journal. (6) OJ L 185, 15. 7. 1988, p. 9. Regulation as last amended by Regulation (EC) No 3193/94 (OJ L 337, 24. 12. 1994, p. 11). (7) OJ L 374, 31. 12. 1988, p. 1. Regulation as last amended by Regulation (EC) No 3193/94. (8) OJ L 374, 31. 12. 1988, p. 21. Regulation as last amended by Regulation (EEC) No 2084/93 (OJ L 193, 31. 7. 1993, p. 39). by are the Social eligible general European governing (2) Whereas Regulation (EC) No 1260/1999 defines the the arrangements Structural Funds as a whole and it is necessary for to define which activities Fund financing (hereinafter the Fund’) within the framework of Objectives 1, 2 and 3, referred to in Article 1, first subparagraph, points 1, 2 and 3 of the said Regulation (hereinafter referred to as Objectives 1, 2 and 3’), in the framework of the Community initiative for combating all forms of in connection discrimination and inequalities with the and within the framework of innovative measures and technical assistance; labour market, (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 of the Conclusions of the Amsterdam in June 1997 and its European Council employment (9) resolution initiated the implementation of the European employment strategy, the annual guidelines on employment and the process of establishing national action plans for employment; growth and the Fund, (5) Whereas it is necessary to redefine the scope the in particular of restructuring and simplification of the Objectives of the Structural Funds, to support the European employment strategy and the national action plans for employment linked to it; following (6) Whereas it is necessary to define a common framework for Fund interventions in all three Structural Fund Objectives in order thereby to ensure and complementarity of actions undertaken pursuant to those Objectives with a view to improving the workings of the human to labour market resources; consistency developing and (9) OJ C 236, 2. 8. 1997, p. 3. 26. 6. 1999 EN Official Journal of the European Communities L 161/49 (7) Whereas the Member States and the Commission ensure that programming and implementation of the actions financed by the Fund in the context of all the Objectives contribute to the promotion of equality of opportunity between men and women and the promotion of the integration and retention and disadvantaged individuals in the labour market; groups of be arrangements may local introduced (14) Whereas whereby non- groups, governmental organisations, 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; including (8) Whereas the Member States and the Commission also ensure that the social dimension and the employment aspect of the information society in implementing are duly taken into account actions financed by the Fund; (9) Whereas it is necessary to ensure that operations relating to industrial adaptation take account of the general needs of workers of either sex resulting from economic 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 and medium-sized enterprises and to enhancing access to training and to improving work organisation; (10) Whereas it is necessary to ensure that the Fund continues to strengthen employment and job qualifications by supporting anticipatory action — as far as possible, counselling, networking and the Community and that in consequence the eligible activities are therefore horizontal and cover the economy as a whole, without an a priori restriction to specific industries or sectors; throughout operations training (11) Whereas it is necessary to redefine the eligible actions in order to increase the effectiveness of the implementation of policy aims in the context of all the Objectives under which the Fund takes action; whereas it is necessary to define the expenditure eligible for Fund assistance within the framework of the partnership; (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 the provision of assistance from the levels should be based on the Fund at all Community’s social and employment policy priorities and on the priorities laid down in the national action plans; (15) Whereas measures of major importance to the Community undertaken at the initiative of the Commission have an important role to play in achieving the Community structural action referred to in Article 1 of Regulation (EC) No 1260/1999; whereas primarily promote policy innovation and transnational cooperation; objectives initiatives general should such the of (16) Whereas the Fund also contributes to support for technical assistance and innovative measures, and and also for preparatory, monitoring evaluation measures and control in accordance with Articles 22 and 23 of Regulation (EC) No 1260/1999; (17) Whereas is appropriate to lay down the powers implementing the provisions and to set out transitional provisions; adoption of it for (18) Whereas Regulation (EEC) No 4255/88 should be repealed, HAVE ADOPTED THIS REGULATION: Article 1 Tasks Within the framework of the task entrusted to the European Social Fund (the Fund’) by Article 146 of the Treaty and of the tasks entrusted to the Structural Funds pursuant to Article 159 of the Treaty and in accordance with the provisions of Regulation (EC) No 1260/1999, the Fund shall support measures to prevent and combat unemployment and to develop human resources and social integration into the labour market a high level of to promote employment, equality between men and women, 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. in order L 161/50 EN Official Journal of the European Communities 26. 6. 1999 Article 2 Scope of Member The Fund shall support and complement the 1. activities towards developing the labour market and human resources in the following policy fields, in particular in the context of for their multiannual national actions plans employment: directed States (e) specific measures to improve women’s access to and participation in the labour market, including their career development, their access to new job opportunities and to starting up of businesses, and to reduce vertical and horizontal segregation on the basis of sex in the labour market. 2. Within the policy fields set out in paragraph 1 the Fund shall take account of: (a) developing and promoting active labour market policies to combat and prevent unemployment, to prevent both women and men from moving into the long-term unemployment, reintegration of the long-term unemployed into the the occupational integration of young people and of persons returning to the labour market after a period of absence; labour market, facilitate support and to to (a) (b) for local concerning support employment, in particular initiatives to support local employment and territorial employment pacts; initiatives programmes the social and labour market dimensions of the information society, notably by developing policy and the designed employment potential of the information society and by ensuring equal access to its facilities and benefits; harness to (b) promoting equal opportunities for all in accessing the labour market, with particular emphasis on those exposed to social exclusion; (c) equal opportunities for women and men as part of the mainstreaming approach. (c) promoting and improving: — training, — education, — counselling, as part of lifelong learning policy to: — facilitate access integration into, the labour market, improve and to, and — improve and maintain employability, and — promote job mobility; (d) promoting a skilled, trained and adaptable workforce, innovation and adaptability in work organisation, developing entrepreneurship and conditions facilitating job creation, and enhancing skills and boosting human potential in research, science and technology; Article 3 Eligible activities 1. The financial support of the Fund shall mainly take the form of assistance to persons and be devoted to the following activities to develop human resources which may be part of a pathway approach to labour market integration: (a) education and vocational training — including to compulsory training equivalent vocational schooling, in apprenticeships, particular the provision and upgrading of basic skills, rehabilitation in employment, measures to promote employability on the labour market, guidance, counselling and continuing training; pre-training, (b) employment aids and aids for self-employment; (c) in the fields of research, science and technology development, post-graduate training and the training of managers and technicians at research establishments and in enterprises; 26. 6. 1999 EN Official Journal of the European Communities L 161/51 (d) development of new sources of employment, including in the social economy (third system). Article 4 Concentration of assistance 2. the In order to increase the effectiveness of activities referred to in paragraph 1 assistance may also be given to: (a) structures and systems: (i) development and improvement of training, education and skills acquisition, including the training of teachers, trainers and staff, and improving the access of workers to training and qualifications; (ii) modernisation and improved efficiency of employment services; (iii) development of links between the worlds of work and education, training, and research establishments; (iv) development, as far as possible, of systems for anticipating changes in employment and in qualification needs, particularly in relation to new patterns of work and new forms of work organisation, taking into account the need for reconciliation of family and working life and for enabling older workers to have a fulfilling occupation until retirement. This shall not, however, include the financing of early-retirement schemes; (b) accompanying measures: (i) assistance in the provision of services to beneficiaires, including the provision of care services and facilities for dependants; (ii) promoting socio-educational development to facilitate the pathway approach to labour market integration; (iii) awareness-raising, information and publicity. 1. With due regard to national priorities as laid down in particular in the national action plans for employment as well as to the ex-ante evaluation, a strategy shall be set out taking account of all relevant policy fields and paying particular attention to the areas referred to in Article 2(1)(d) and (e). In order to its efficiency the maximise interventions within this strategy and taking into account the priority fields referred to in Article 2(1), shall be concentrated on a limited number of areas or themes and be directed towards the most important needs and the most effective operations. support, Fund of In allocating appropriations to each intervention by the Funds a joint selection shall be made of the policy fields to be given priority. The measures provided for in Article 2(1) shall, in accordance with national priorities, be taken into account. The programming of Fund interventions shall 2. provide that a reasonable amount of the Fund appropriations made available for the intervention in within Objectives 1 and 3 shall be available, conformity with Article 27 of Regulation (EC) No 1260/1999, in the form of small grants, with special arrangements for access by non-governmental organisations and local partnerships. Member States may in accordance with financing arrangements set out in Article 29(6) of Regulation (EC) No 1260/1999. implement paragraph choose this to Article 5 Community initiative Pursuant to Article 20 of Regulation (EC) 1. No 1260/1999, the Fund shall, in accordance with Article 21(2) of that Regulation, contribute to the for implementation of in combating connection with the labour market (EQUAL). the Community initiative inequalities discrimination and 3. The Fund may finance activities pursuant to the second subparagraph of Article 2(4) of Regulation (EC) No 1260/1999. In accordance with Article 21(2) of Regulation 2. (EC) No 1260/1999, the decisions on the contribution of the Fund to the Community initiative may extend the scope of eligible activities referred to in Article 3 of this Regulation to cover measures which can be L 161/52 EN Official Journal of the European Communities 26. 6. 1999 funded by Regulations (EC) No 1261/1999 (1), (EC) No 1257/1999 (2) and (EC) No 1263/1999 (3) so as to permit the measures provided for in the initiative. implementation of all the Article 6 Innovative measures and technical assistance 1. In accordance with Article 22(2) of Regulation (EC) No 1260/1999, the Commission may finance preparatory, monitoring and evaluation operations in Member States or at Community level which are necessary for the implementation of the operation referred to in this Regulation. They may include: (a) operations of an innovatory nature and pilot projects concerning labour markets, employment, and vocational training; (b) studies, technical assistance and the exchange of experience having a multiplier effect; (c) assistance the technical preparation, implementation, monitoring, and evaluation, as well as control of operations financed by the Fund; connected with (d) operations directed, within the framework of social dialogue, at staff from enterprises in two or more Member States and concerning the transfer of to areas of intervention by the Fund; special knowledge relating (e) informing the various partners involved, the final beneficiaires of assistance from the Fund and the general public. In accordance with Article 22(2) of Regulation 2. (EC) No 1260/1999, the operations the scope of referred to in paragraph 1(a) of this Article shall be extended, by a decision for Fund participation, to measures to be Regulations (EC) No 1261/1999, (EC) No 1257/1999 the and (EC) No 1263/1999, so as to cover all the measuress necessary for the implementation of innovative actions in question. that may pursuant financed Article 7 Applications for assistance Applications for a contribution from the Fund shall be accompanied by a computerised form, drawn up jointly, listing the operations regarding each form of assistance so that it can be followed through from budgetary commitment to final payment. Article 8 Implementing provisions All detailed implementing rules for this Regulation shall be adopted by the Commission according to the procedure laid down in Article 49 of Regulation (EC) No 1260/1999. Article 9 Transitional provisions The transitional provisions set out in Article 52 of Regulation (EC) No 1260/1999 shall apply mutatis mutandis to this Regulation. Article 10 Review clause On a proposal from the Commission, the European Parliament review this Regulation by 31 December 2006. and the Council shall They shall act on this proposal in accordance with the procedure laid down in Article 148 of the Treaty. Article 11 Repeal Regulation (EEC) No 4255/88 shall be repealed as from 1 January 2000. References construed as references to this Regulation. to the repealed Regulation shall be (1) See page 48 of this Official Journal. (2) Council Regulation (EC) No 1257/1999 of 17 May 1999 rural development by the European on support Guidance and Guarantee Fund (EAGGF) which amends and repeals certain Regulations (OJ L 160, 26. 6. 1999, p. 80). for (3) See page 54 of this Official Journal. Article 12 Entry into force This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. 26. 6. 1999 EN Official Journal of the European Communities L 161/53 This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Luxembourg, 21 June 1999. For the European Parliament The President J. M. GIL-ROBLES For the Council The President G. VERHEUGEN