EN Official Journal of the European Union C 424/27

Opinion of the European Economic and Social Committee on the Proposal for a Regulation of the European Parliament and of the Council on an European network of Employment Services, workers’ access to mobility services and the further integration of labour markets

COM(2014) 6 final — 2014/0002 (COD)

2014/C 424/04

Rapporteur : Ms DRBALOVÁ Co-rapporteur : Mr Pariza CASTAÑOS

On 3 February 2014, the European Parliament and on 6 February 2014, the Council decided to consult the European Economic and Social Committee, under Article 304 of the Treaty on the Functioning of the European Union, on the:

Proposal for a Regulation of the European Parliament and of the Council on an European network of Employment Services, workers' access to mobility services and the further integration of labour markets

COM(2014) 6 final — 2014/0002 (COD).

The Section for Employment, Social Affairs and Citizenship, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 13 May 2014.

At its 499th plenary session, held on 4-5 June 2014 (meeting of 4 June), the European Economic and Social Committee adopted the following opinion by 116 votes to none with 1 abstention.

1. Conclusions and recommendations

1.1 The EESC supports the Commission's proposal to replace Regulation 492/2011 and Implementing Decision 2012/733/EU with a single instrument that will increase transparency, enable effective automatic matching, define support services, introduce a system for sharing information about labour force shortages and surpluses, and operate on a basis of non-discrimination and equal treatment.

1.2 The EESC recommends that the EC defines fair mobility under Article 2 Definition in the light of new mobility patterns and the greater need for fair mobility. This definition has to be balanced. As a base the EC could use the already existing wording of section 2 in the Regulation 492/2011, and at the same time express its intention to ensure full support for people who wish to exercise their right to work in other Member States based on their informed choice.

1.3 The EESC understands the Commission's intention to provide a nearly complete supply of vacancies on the EURES portal by extending the transparency principle to organisations other than the Public Employment Services (PES) through the voluntary participation of EURES partners in the EURES network on the basis of common minimum criteria. However, it sees risks if it is not ensured that private service providers have to meet the same quality standards as Public Employment Services. In any event, Member States may introduce criteria additional to those laid down in the Annex if deemed necessary, though these must on no account be discriminatory. Under no circumstances should participating private service providers be allowed to charge for their services.

1.4 The EESC encourages the Member States to systematically make available basic information about the EURES network and its specific support services, particularly for border workers and young people, and to communicate and promote better the EURES services.

1.5 The EESC welcomes the stress on the development and support of cross-border cooperation and the proposal to use a one-stop shop for communicating with cross-border workers and employers in border areas. It recommends strengthening the role of EURES-T partnerships.

1.6 The EESC calls for coherence and synergies with EU policies to promote mobility, especially regarding the creation of a network of public employment services (PES) and measures to foster free movement of workers and of citizens and their families within the EU. When it comes to implementing the Youth Guarantee, the Committee supports extending the scope of the EURES network to those categories of citizens seeking apprenticeships, work-based traineeships or any other opportunities involving an employment contract, as long as this is in line with Articles 45 and 46 of the TFEU, to allow those workers to stay in a Member State for the purpose of employment in accordance with the provisions governing the employment of nationals of that State laid down by law, regulation or administrative action.

1.7 The EESC also reiterates that, in view of the expanded EURES remit and new roles in support services, the National Coordination Offices should have enough personnel and other resources to carry out their work, including good staff training schemes.

1.8 The EESC calls on the Member States to make use of the Commission's technical support and to respect the deadlines for establishing an initial inventory of their national classification systems. This will make it possible to compare all classification data with the European classification for skills/competences, qualifications and occupations (ESCO).

1.9 The EESC welcomes the fact that the new financing system should not jeopardise the role of EURES cross-border partnerships, and believes that these should continue to be supported through horizontal Union-wide activities, with the possibility of being complemented by national resources or by the ESF.

1.10 When it comes to the gathering of data and indicators, the EESC points out the need for sensitivity in how the regulation establishes the rights and obligations of Member States in relation to the transfer of information and statistics on, for example, mobile workers where no systems are available for monitoring some indicators. The Committee proposes that the quantitative indicators be complemented by qualitative ones.

1.11 The EESC draws attention to the crucial role of the social partners at all levels as principal labour market stakeholders. It calls for them to be made full partners, with roles embracing advice and help to businesses and workers and information about company matters and working conditions. Member States should put in place systems enabling the social partners to participate effectively in the national coordination offices, taking into account national practices and legislative systems.

1.12 The EESC calls on the Commission to present an adequate legislative package to improve the coordination of social security systems and the recognition and transfer of rights acquired by employees.

1.13 Concerning data protection the EESC recommends that the EC take into consideration the recommendations of the Opinion of the European Data Protection Supervisor (EDPS) of 3 April 2014.

2. Introduction

2.1 The EU economy has seen a return to growth, with unemployment levels relatively stable since mid-2013 (1). Long-term joblessness is still on the increase due to the persistence of the crisis. Youth unemployment stands at alarming levels and poverty among the working population is also rising (2).

2.2 The situation urgently requires the deployment of all measures and instruments to boost the openness and dynamism of Europe's labour markets, to better match supply and demand and to increase labour mobility within the EU. Increased intra-EU mobility will widen employment opportunities for workers and help employers fill vacancies better and faster (3).

2.3 In the Agenda for New Skills and Jobs (4), the Commission undertook to reform the EURES network to improve its matching and placement capacity in the service of the European Employment Strategy (including the ‘Your First EURES Job’ initiative).

2.4 The undertaking to update EURES also appeared in the EU Citizenship Report (5) and meshes with other Commission initiatives to support free movement of workers in the EU (6), the creation of a European Network of Public Employment Services (PES) (7), the implementation of a package of employment measures (8) and all the instruments for getting young people into jobs (9).

2.5 For the EESC, the free movement of workers on a basis of non-discrimination and equal treatment (10) and the removal of remaining barriers to mobility (11) remain one of the EU's priorities. It has called in a number of its recommendations for EURES (12) to be made a real instrument for matching supply and demand in the European labour market.

3. Gist of the proposal

3.1 The EURES network underwent some changes following a decision (13) taken by the Commission at its own initiative in 2012. However, Chapter II of Regulation 492/2011, which constitutes the European regulatory framework for the clearance and information exchange between Member States on intra-EU labour mobility, has barely been amended since 1992. With regard to the newly proposed Regulation the Charter on EURES will be revised (14).

3.2 New forms of mobility and changes in technologies for sharing job vacancy data, together with the use of many and varied recruitment channels by job seekers and employers, the expanding role of labour market brokers, but also the growing number of workers determined to go abroad for work: all of this necessitates an urgent and comprehensive reform of how EURES works.

3.3 The most optimal option for achieving goals quickly and removing the shortcomings identified is to introduce a new regulation and create a separate instrument. The intention is that EURES become a real instrument for placing and recruiting workers based on non-discrimination and equal treatment. The network will gradually be expanded to include apprenticeships and traineeships (the ‘Your First EURES Job’ pilot project).

3.4 Before adopting the 2012 decision, and drawing on an appraisal of EURES carried out in 2010 (15), the Commission conducted a consultation exercise on current shortcomings and a possible future trajectory for the network. The Advisory Committee on Freedom of Movement for Workers, which was to play a more active role in the process, was consulted on the proposal.

3.5 The evaluation noted a number of fundamental failings in EURES. The most significant of these were: 1) an incomplete pool of job vacancies and CVs accessible at EU level for all Member States; 2) limited matching capacity of the EURES portal; 3) uneven access to EURES services across the EU; 4) limited availability to assist with matching, recruitment and placement for job seekers and employers, and 5) inefficient information exchange between Member States on labour shortages and surpluses.

3.6 EURES can no longer operate in its current form. All Member States have supported the idea of reorienting EURES and introducing a programming cycle and common indicators on EURES activities with a view to increasing transparency on performance, enhancing information exchange and improving the coordination of operations.

3.7 Basic information on the EURES network should be made available throughout the Union to any job seeker or employer seeking client services for recruitment. These should be offered access to the EURES network and the network's operations should be supported through information exchange on national labour shortages and surpluses.

3.8 The aim of the proposal is to achieve a situation in which the EURES portal has a nearly complete supply of job vacancies, with job seekers all over Europe having instant access to the same vacancies. At the same time, there will also be a complete pool of CVs available from which registered employers can recruit.

3.9 It will be important to make sure that the EURES portal can perform sound automated matching between job vacancies and CVs across Member States, with translations into all languages and a grasp of the skills, qualifications and occupations acquired at national and sectoral level.

3.10 Any work the Commission carries out for the EURES network requiring human and/or financial resources falls under the scope of the regulation establishing the Programme for Employment and Social Innovation (‘EaSI’) (16) (for the period 2014-2020).

4. Specific comments

4.1 Definitions

4.1.1 In the light of new mobility patterns and the greater need for fair mobility the EC should define fair mobility in an adequate way. The EC could use as a base the already existing wording in section 2 of Regulation 492/2011 and at the same time make clear that fair mobility is also understood to include the right to access and benefit from the entirety of job offers within the EU.

4.1.2 The concept of mobility should always also take account of each country's views and specific situation, to ensure that talent is able to circulate effectively. In line with Article 26 of the proposal the Member States shall develop mobility policies as an integral part of their employment policies.

4.2 Transparency

4.2.1 The EESC understands the Commission's intention that the transparency principle be extended to other entities, but it can see risks if public employment services, private job agencies and other organisations providing employment services are not held to the same standards in terms of quality (as those applied to public employment services). The system must be transparent and respect the principle of equal treatment for applicant organisations.

4.2.2 At the same time, the proposal requires public employment services and other EURES partners for their part to ensure better access to the EURES portal on their own job-seeking portals. In some countries, it is very difficult to contact a EURES adviser. Many job seekers also face a number of bureaucratic and financial barriers, particularly young people.

4.2.3 Furthermore, recent experience shows that there is little awareness of the EURES network and its services in many countries, particularly among young people. And only one-third of employers had heard about EURES before getting in touch with the network. The Member States have to communicate and promote EURES services better to ensure that the decision of people to take a job in the other state is based on their being fully informed.

4.2.4 The Committee welcomes the extension of the EURES network to those categories of citizens, particularly young people, looking for apprenticeships. traineeships or any other opportunities involving an employment contract in line with Articles 45 and 46 of the TFEU, to allow the worker to stay in a Member State for the purpose of employment in accordance with the provisions governing the employment of nationals of that State laid down by law, regulation or administrative action.

4.2.5 The EESC also welcomes the focus on supporting cross-border cooperation and the use of a one-stop shop for communicating with cross-border workers and employers in border areas. It recommends using the contact points for business that are already established.

4.2.6 The EURES-T partnerships, which bring together public employment services, trade unions, regional employer organisations and, in some cases, local or regional government, should be reinforced and their role clearly specified.

4.2.7 The EESC recommends clarification of the relationship between the EURES network and SOLVIT, the EU's single market advice and information portal. This applies particularly to those provisions (Article 7(4)) on support from the National Coordination Office in the event of complaints about job vacancies and recruitment in the EURES network, as well as cooperation with public bodies such as labour inspectorates.

4.3 Automated matching through the common IT platform

4.3.1 Although the mechanism for balancing supply and demand is already enshrined in Article 13 of Regulation 492/2011 (17), no automated electronic exchange of CVs and other information about job seekers is currently taking place.

4.3.2 The EESC recognises that interoperability does not require harmonisation of national classification systems at this stage. Nevertheless, it supports the Commission's endeavour to have Member States carry out an initial inventory of their classification systems. This will make it possible to compare all classification data with the European classification for skills/competences, qualifications and occupations (ESCO), which will serve as the instrument for automated exchange and full interoperability between domestic authorities.

4.4 Support services

4.4.1 The EURES network must provide a comprehensive package of services for its clients (job seekers and employers): raising awareness, channelling information, introducing mechanisms to make registration easier, keeping track of CVs and vacancies, automated matching, job placement, help with recruitment, and giving applicants the contact details of relevant organisations, especially trade unions, that they can turn to once they are employed.

4.4.2 Services for workers and employers should be free of charge.

4.4.3 The EESC welcomes the fact that the Member States will have to be more systematic in sharing national information about labour shortages and surpluses and about policies in this area. However, decisions about such policies are not covered by this regulation.

4.4.4 The EESC considers it important to have a clear demarcation of powers and obligations between the European Coordination Office, whose task is to create a coherent framework and provide crosscutting support, and National Coordination Offices, public employment services and EURES partners.

4.4.5 With the expansion of EURES's competences, National Coordination Offices will perform a series of new roles and for this they should have sufficient personnel and funding, including good staff training schemes. The EC should ensure they receive as much technical and advisory assistance as possible.

4.4.6 It would be useful if National Coordination Offices drafted work programmes for organisations involved in the work of the EURES network in their country. These programmes would set out planned activities, the total staffing and funding allocated for implementing these and mechanisms for monitoring and evaluating planned action.

4.5 Personal data protection

4.5.1 The regulation's measures must be implemented in line with the Union's legislation on personal data protection (18). The consent of workers to information being provided to the EURES portal must be explicit, unambiguous, freely given, specific and informed.

4.5.2 The aim is to ensure both a) effective compliance with the rules on the protection of individuals' fundamental rights and freedoms and b) the free flow of personal data between Member States and the Community institutions and bodies or between the Community institutions and bodies for purposes connected with the exercise of their respective competences.

4.5.3 The EESC notes that consultations have been ongoing with the European Data Protection Supervisor, reflecting the new and extended role of the EURES network. The EESC recommends that the EC take into consideration the recommendations and conclusions of the EDPS' opinion of 3 April (19).

4.6 Changes in ESF funding

4.6.1 The EESC welcomes the fact that the new funding system will not jeopardise the important role of EURES cross-border partnerships, especially in exposed regions, and believes that these should continue to be supported through horizontal Union-wide activities, with the possibility of being complemented by national resources or by the ESF.

4.6.2 With regard to the ESF, it should establish EURES priorities clearly and provide the appropriate support. Grant application and awarding procedures must remain coherent, transparent and easy.

4.7 Role of the social partners

4.7.1 The European Commission speaks of a new definition of the role of social partners (20). These should be fully involved in the programming and reporting cycle and be invited to meetings.

4.7.2 Even so, the EESC stresses the fundamental role of the social partners at all levels as principal players in the labour market who are heavily involved in EURES work to match skills with vacancies. Their role should not be reduced to that of associate members (21). National Coordination Offices, in particular, should step up their collaboration with social partners and professional organisations. The Committee proposes that the social partners at European level and at national level should participate appropriately in the activities of the European office and national coordination offices.

4.8 Monitoring and evaluation of EURES work on employment

4.8.1 To make sure that there is enough information on which to measure the performance of the EURES network, common indicators should be introduced to guide organisations participating in the network in identifying their results. They should also help assess the progress made against the objectives set for the EURES network as a whole. It is also important to use qualitative indicators such as job quality, equal treatment and social security rights. There must be sensitivity in how the regulation lays down the rights and obligations of the Member States in relation to the transfer of information and statistics on, for example, mobile workers where no systems are available for monitoring some indicators.

Brussels, 4 June 2014. The President of the European Economic and Social Committee Henri MALOSSE

(1) COM(2013) 801 final.

(2) COM(2014) 12 final.

(3) Of the total European labour force of 241 million, only around 7,5 million (3,1 %) are economically active in another Member State.

(4) COM(2010) 682 final, 23.11.2010.

(5) COM(2013) 269 final.

(6) COM(2013) 236 final.

(7) COM(2013) 430 final.

(8) COM(2012) 173 final.

(9) COM(2012) 727 final.

(10) OJ C 341, 21.11.2013, p. 54-58.

(11) OJ C 228, 22.09.2009, p. 14.

(12) OJ C 67, 06.03.2014, p. 116-121; OJ C 214, 8.7.2014, p. 36-39.

(13) COM(2014) 6 final 2014/0002 (COD).

(14) SWD(2012) 100 Reforming EURES to meet the goals of Europe 2020, accompanying document to COM(2012) 173 final.

(15) COM(2010) 731 final.

(16) OJ L 347, 20.12.2013, p. 238.

(17) ‘The specialist service of each Member State shall regularly send to the specialist services of the other Member States and to the European Coordination Office [...]: (a) details of vacancies which could be filled by nationals of other Member States; (b) details of vacancies addressed to third countries; (c) details of applications for employment by those who have formally expressed a wish to work in another Member State; (d) information, by region and by branch of activity, on applicants who have declared themselves actually willing to accept employment in another country’.

(18) Regulation (EC) No 45/2001; OJ L 281, 23.11.1995, p. 31.

Directive 95/46/EC requires Member States to ‘protect the fundamental rights and freedoms of natural persons and in particular their right to privacy with respect to the processing of personal data, in order to ensure the free flow of personal data in the Community’.

(19) http://edps.europa.eu/EDPSWEB/webdav/site/mySite/shared/Documents/Consultation/Opinions/2014/14-04-03_Workers_mobility_EN.pdf

(20) See the minutes of the meeting of the Advisory Committee on Freedom of Movement for Workers held on 12 April 2013.

(21) Joint letter from BUSINESSEUROPE, CEEP, ETUC and UEAPME to Commissioner László Andor, 19 December 2012.