eunbil · GT0N1310 · 2006-05-31 00:00:00 — THE EUROPEAN UNION , 19 2006 2004/0158 (COD) 9494/06 OC 375 INTRODUCTORY NOTE from : (Part I) to : Council (EPSCO) No. doc. : 8974/06 SOC 211 ECOFIN 152 CADREFIN 126 CODEC 423 OC 338 + COR 1 No. : 13691/05 SOC 413 ECOFIN 326 CADREFIN 214 CODEC 936 - COM(2005) 536 final Subject : Amended proposal for a Decision of Parliament and of the Council establishing a Community Programme for Employment and Social Solidarity - PROGRESS (Public deliberation) Consultation deadline for and : 29.05.2006 I. INTRODUCTION On 27 2004, the Commission submitted on the basis of Articles 13(2), 129 and 137(2)(a) of the Treaty a proposal for a Decision of Parliament and the Council establishing a Community Programme for Employment and Social Solidarity - PROGRESS (2007 - 2013). Essentially, the proposal combines in a single text a number of programmes which had previously been the subject of separate Decisions. gave its opinion on 23 February 2005 and the Economic and submitted its opinion on . During its plenary from 5 to , Parliament gave its opinion in first reading and adopted 72 amendments to the proposal for a Decision (see doc. 11954/05). The Commission adopted its amended proposal on 21 October 2005 (doc. 13691/05). On , the Council (EPSCO) reached a partial political agreement on the proposal which excluded the budgetary issues. Following in most cases the Commission"s amended proposal, a large majority of the EP amendments were incorporated into the text of the partial political agreement, either in full or using different words. On that occasion, the Council stated that its agreement was partial and provisional insofar as it did not cover the provisions of the Commission proposal concerning the financial framework of the programme. The financial provisions in Article 17 would be decided on once the Financial Perspectives for 2007-2013 had been adopted and would be in conformity with them. If this required a modification of the provisions of the programme, the Council would review the relevant parts of the political agreement and adapt them as necessary. An inter-institutional agreement on the Financial Perspectives has now been concluded and it includes a substantial increase in the budget of the programme. The Commission is expected to submit its amended proposal on the programme"s overall budget figure on 24 . Section II below outlines the situation with regard to the budgetary issues in more detail. On 17 2006, reached an agreement on the text of the Decision which is set out in . A Commission minutes statement is to be found in . At the present stage, the UK delegation has maintained a parliamentary scrutiny reservation on the text of Article 17 as well as on any other modifications to the text of the partial political agreement. The budgetary issues are mainly dealt with in Article 17. However, certain aspects are also dealt with in recital 11 (on the inter-institutional agreement) and to Article 12(1)(d) (on the budgetary procedure). (a) Article 17 - Financing All delegations had maintained scrutiny reservations on the budget of the programme pending finalisation of the inter-institutional agreement on the Financial Perspectives. Amendment 66 of Parliament (requesting a substantial increase in the budget) was considered in the context of that agreement. Pending the Commission"s amended proposal on the budget, the overall budget figure is in brackets in the text of Article 17(1). In Article 17(2), the overall budget is allocated fully to the different sections of the programme. In this allocation, the EP"s amendment 67, stressing Sections 2 and 5, as well as the wishes of a number delegations to increase funding to Sections 1, 3 and/or 5 were taken into account. to the changes to Article 17(2), Amendment 68 of Parliament on the annual budgetary procedure (Article 17(4)) became redundant. (b) Modifications of the provisions of the programme following the decision on the Financial Perspectives and the amendments to Article 17 The exact references in recital 11 will be included during the legal and linguistic finalisation of the text. The amendment to Article 12(1)(d) (on the financial breakdown in the context of comitology) follows from the fact that the overall budget is now fully allocated between the different sections of the programme. Amendment 58 of Parliament on this article therefore also became redundant as well as Amendment 68 to Article 17(4) (see above in point (a)). () is invited to approve the proposed Decision with a view to the adoption of a common position as an "A" item at a subsequent Council, after its legal and linguistic finalisation. DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a Community Programme for Employment and Social Solidarity - THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing Community, and in particular Articles 13(2), 129, 137(2) a) thereof, Having regard to the proposal from the Commission , Having regard to the opinion of Economic and , Having regard to the opinion of , Acting in accordance with the procedure laid down in Article 251 of the Treaty, (1) and 24 2000 incorporated, as intrinsic to the overall strategy of the Union, the promotion of employment and social inclusion to achieve its strategic goal for the next decade of becoming the most competitive and dynamic knowledge-based economy in the world, capable of sustainable economic growth, with more and better jobs and greater social cohesion. It set ambitious objectives and targets for the EU to regain the conditions for full employment, improve quality and productivity at work, promote social cohesion and an inclusive labour market. Furthermore, the strategy was refocused by and 23 2005. (2) In line with the Commission"s stated intention to consolidate and rationalise EU funding instruments, this Decision should establish a single and streamlined Programme providing for the continuation and development of the activities launched on the basis of Council Decision 2000/750/EC of establishing a Community action programme to combat discrimination (2001 to 2006) , Council Decision 2001/51/EC of establishing a Programme relating to the Community framework strategy on gender equality and European Parliament and Council Decisions 50/2002/EC of establishing a programme of Community action to encourage cooperation between Member States to combat social exclusion and 1145/2002/EC of 10 2002 on Community incentive measures in the field of employment , and Decision 848/2004/EC of Parliament and the Council of establishing a Community action programme to promote organisations at European level in the field of equality between men and women , as well as those activities undertaken at Community level in relation to working conditions. (3) in in 1997 launched Employment Strategy, encompassing the coordination of Member States" employment policies on the basis of commonly-agreed employment guidelines and recommendations. Employment Strategy is now the most important instrument at the EU level for implementation of the employment and labour market objectives of the Strategy. (4) The European Council concluded that the number of people living below the poverty line and in social exclusion in the Union was unacceptable and therefore deemed it necessary to take steps to make a decisive impact on the eradication of poverty by setting adequate objectives. Such objectives were agreed by , 8 and . It further agreed that policies for combating social exclusion should be based on an open method of coordination combining national action plans and a Commission initiative for cooperation. (5) Demographic change represents a major long-term challenge to the ability of social protection systems to deliver adequate pensions and high quality health and long-term care which are accessible to all and can be funded in the long term. It is important to promote policies that can achieve both adequate social protection and sustainability of social protection systems. has decided that cooperation in this area should be based on the open method of coordination. (5a) Attention should be drawn to the specific situation of migrants in this context and also to the importance of taking action to transform undeclared work into regular employment. (6) Ensuring minimum standards and the improvement of working conditions in the EU constitutes a central feature of social policy and corresponds to an important overall objective of Union. The Community has an important role to play to support and complement the activities of the Member States in the fields of workers" health and safety, working conditions, including the need to reconcile family and professional life, protection of workers where their employment contract is terminated, information, consultation and participation of workers, representation and collective defence of the interests of workers and employers. (7) Non-discrimination is a fundamental principle of Union. Article 13 of the Treaty establishing Community calls for action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. Non-discrimination is also enshrined in Article 21 of the Charter of Fundamental Rights of Union. The specific features of the diverse forms of discrimination should be accommodated, and appropriate action developed in parallel to prevent and combat discrimination on one or more grounds. Therefore, when considering the accessibility and results of the programme the particular needs of people with disabilities should be taken into account in terms of ensuring their full and equal access to the activities funded by this Programme and the results and evaluation of those activities, including the compensation of additional costs incurred by disabled persons that result from their disability. Experience gained over many years of combating certain forms of discrimination, including discrimination based on sex, may be useful in combating other kinds of discrimination. (8) On the basis of Article 13 of the Treaty establishing Community, the Council has adopted the following directives: Directive 2000/43 of 29 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin which prohibits discrimination based on racial or ethnic origin in, inter alia, employment, vocational training, education, goods and services and social protection; Directive 2000/78 of establishing a general framework for equal treatment in employment and occupation which prohibits discrimination in employment and occupation on the grounds of religion or belief, disability, age and sexual orientation, and Directive 2004/113/EC of implementing the principle of equal treatment between men and women in the access to and supply of goods and services . (9) Equal treatment for women and men is a fundamental principle of Community law pursuant to Articles 2 and 3 of the Treaty establishing Community, and the Directives and other acts adopted on the basis of this principle play a major part in improving the situation of women. Experience of action at Community level has shown that promoting gender equality in EU policies and combating discrimination in practice call for a combination of instruments involving legislation, funding tools and mainstreaming designed to reinforce one another. In accordance with the principle of equality between women and men, gender mainstreaming shall be promoted in all sections and activities of the Programme. In this programme, discrimination based on sex is in particular dealt with in Section 5, gender equality. (9a) Many non-governmental organisations at various levels can make an important contribution at European level through key networks which assist in changing policy orientations relating to the general objectives of the programme. (10) Since the objectives of the proposed action cannot be sufficiently achieved at Member States level because of the need for exchange of information at EU-level and the Community-wide dissemination of good practice and since therefore these objectives can, by reason of the multilateral dimension of the Community actions and measures, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Decision does not go beyond what is necessary to achieve those objectives. (11) This Decision establishes a financial framework for the entire duration of the programme which is to be the principal point of reference for the budgetary authority, within the meaning of point [37] of the interinstitutional agreement of [.] between Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure . (12) The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission . (12a) As the Programme is divided into five sections, Member States may provide for the rotation of their national representatives according to the themes addressed by the Committee assisting the Commission. This Decision establishes the Community Programme for Employment and Social Solidarity, named PROGRESS, to financially support the implementation of the objectives of Union in the employment and social affairs area, as set out in the Social Agenda , and thereby contribute to the achievement of the Strategy goals in these fields. It shall run from 1 January 2007 to . General objectives of the Programme The present programme pursues the following general objectives: to improve the knowledge and understanding of the situation prevailing in the Member States (and in other participating countries) through analysis, evaluation and close monitoring of policies; to support the development of statistical tools and methods and common indicators, where appropriate broken down by gender and age group, in the areas covered by the programme; to support and monitor the implementation of Community law, where applicable, and policy objectives in the Member States, and assess their effectiveness and impact; to promote networking, mutual learning, identification and dissemination of good practice and innovative approaches at EU level; to enhance the awareness of the stakeholders and the general public about the EU policies and objectives pursued under each of the 5 sections; to boost the capacity of key EU networks to promote, support and further develop EU policies and objectives, where applicable. Gender mainstreaming shall be promoted in all sections and activities under this programme. The results achieved in the programme sections and activities shall be disseminated to those involved and to the public as appropriate. The Commission shall conduct exchanges of views with the main stakeholders as appropriate. Structure of the Programme The programme shall be divided into the following 5 sections: (1) Employment (2) Social protection and inclusion (3) Working conditions (4) Antidiscrimination and diversity (5) Gender equality SECTION 1: Employment Section 1 shall support the implementation of Employment Strategy (EES) by: (1) Improving the understanding of the employment situation and , in particular through analysis and studies and the development of statistics and common indicators within the framework of the EES; (2) Monitoring and evaluating the implementation of the European Employment Guidelines and Recommendations and their impact, notably through the Joint Employment Report, and analysing the interaction between the EES and general economic and social policy and other policy areas; (3) Organising exchanges on policies, good practice and innovative approaches and promoting mutual learning in the context of the EES; (4) Raising awareness, disseminating information and promoting the debate about employment challenges, policies and the implementation of national reform programmes, including among social partners, regional and local actors and other stakeholders. SECTION 2: Social protection and inclusion Section 2 shall support the implementation of the open method of coordination (OMC) in the field of social protection and inclusion by: Improving the understanding of social exclusion and poverty issues, social protection and inclusion policies, in particular through analysis and studies and the development of statistics and common indicators, within the framework of the open method of coordination in the field of social protection and inclusion; Monitoring and evaluating the implementation of the OMC in the field of social protection and inclusion and its impact at national and Community level as well as analysing the interaction between this OMC and other policy areas; Organising exchanges on policies, good practice and innovative approaches and promoting mutual learning in the context of the social protection and inclusion strategy; Raising awareness, disseminating information and promoting the debate about the key challenges and policy issues raised in the context of the EU coordination process in the field of social protection and social inclusion, including among social partners, regional and local actors, NGOs and other stakeholders; Developing the capacity of key EU networks to support and further develop EU policy goals and strategies on social protection and inclusion. SECTION 3: Working conditions Section 3 shall support the improvement of the working environment and conditions including health and safety at work and reconciling work and family life by: Improving the understanding of the situation in relation to working conditions, in particular through analysis and studies and, where appropriate, the development of statistics and indicators, as well as assessing the effectiveness and impact of existing legislation, policies and practices; Supporting the implementation of EU labour law through effective monitoring, holding seminars for those working in the field, development of guides and networking amongst specialised bodies, including social partners; Initiating preventive actions and fostering the prevention culture in the field of health and safety at work; Raising awareness, disseminating information and promoting the debate about the key challenges and policy issues in relation to working conditions, including among social partners and other stakeholders. SECTION 4: Antidiscrimination and diversity Section 4 shall support the effective implementation of the principle of non-discrimination and promote its mainstreaming in all EU policies by: Improving the understanding of the situation in relation to discrimination in particular through analysis and studies and, where appropriate, the development of statistics and indicators as well as assessing the effectiveness and impact of existing legislation, policies and practices; Supporting the implementation of EU anti-discrimination legislation through effective monitoring, holding seminars for those working in the field and networking amongst specialised bodies dealing with anti-discrimination; Raising awareness, disseminating information and promoting the debate about the key challenges and policy issues in relation to discrimination and the mainstreaming of anti-discrimination in all EU policies, including among social partners, NGOs and other stakeholders; (4) Developing the capacity of key EU networks to promote and further develop EU policy goals and strategies in the field of combating discrimination. SECTION 5: Gender equality Section 5 shall support the effective implementation of the principle of gender equality and promote gender mainstreaming in all EU policies by: Improving the understanding of the situation in relation to gender issues and gender mainstreaming, in particular through analysis and studies and the development of statistics and, where appropriate, indicators, as well as assessing the effectiveness and impact of existing legislation, policies and practices; Supporting the implementation of EU gender equality legislation through effective monitoring, holding seminars for those working in the field and networking amongst specialised equality bodies; Raising awareness, disseminating information and promoting the debate about the key challenges and policy issues in relation to gender equality and gender mainstreaming, among social partners, NGOs and other stakeholders; Developing the capacity of key EU networks to support and further develop EU policy goals and strategies on gender equality. The Programme shall finance the following types of actions, that may be implemented, where appropriate, within a transnational framework: (a) Analytical activities: Collection, development and dissemination of data and statistics; Development and dissemination of common methodologies and, where appropriate, indicators/benchmarks; Carrying-out of studies, analysis and surveys and dissemination of their results; Carrying-out of evaluations and impact assessments and dissemination of their results; Elaboration and publication of guides, reports and educational material via the Internet or other media. (b) Mutual learning, Awareness and Dissemination activities: Identification of and exchanges on good practices, innovative approaches and experiences and organisation of peer review and mutual learning by means of meetings/workshops/seminars at EU, transnational or national level, taking, where possible, account of specific national circumstances; conferences/seminars; /seminars in support of the development and implementation of Community law and policy objectives; campaigns and events; Compilation and publication of materials to disseminate information as well as results of the programme. (c) Support to main actors: Support to running costs of those key EU networks whose activities are linked to implementation of the objectives of this programme; groups of national officials to monitor the implementation of EU law; Funding of specialised seminars addressed to those working in the field, key officials and other relevant actors; Networking among specialised bodies at EU level; Funding of experts" networks; Funding of EU level observatories; Exchange of personnel between national administrations; Cooperation with international institutions. Types of actions foreseen under paragraph 1(b) should have a strong EU dimension, an appropriate scale in order to ensure a real EU added-value and be carried out by (sub)national authorities, specialised bodies foreseen under Community legislation or actors which are considered the key player in their area. (new) The programme shall not finance any measures for the preparation and implementation of European Years. Access to the programme Access to this programme shall be open to all public and/or private bodies, actors and institutions, in particular: Public employment services and their agencies; Local and regional authorities; Specialised bodies foreseen under EU legislation; Non-governmental organisations, in particular those organised at EU level; Higher education institutions and research institutes; Experts in evaluation; National statistical offices; The Commission can also directly access the programme as far as actions foreseen under Article 9(1)(a) and (b) are concerned. Method of application for support The types of actions referred to in Article 9 may be financed by: a service contract following a call for tenders. For cooperation with national Statistical Offices, the procedures shall apply; a partial subsidy following a call for proposals. In this case, the EU co-financing may not exceed, as a general rule, of the total expenditure incurred by the recipient.