23. 9. 88 Official Journal of the European Communities No C 249/5 
II 
(Preparatory Acts) 
COMMISSION 
Amendment to the proposal for a Council Regulation (EEC) instituting a specific Community 
programme of accompanying social measures to assist workers in the shipbuilding industry who 
are made redundant or threatened with redundancy (') 
COM(88) 455 final 
(Submitted by the Commission pursuant to the third paragraph of Article 149 of the EEC Treaty on 
12 September 1988) 
(88/C 249/04) 
(l) OJ No C 291, 31. 10. 1987, p. 11. 
FORMER TEXT AMENDED TEXT 
Preamble unchanged 
First to sixth recitals unchanged 
Seventh recital is amended as follows: 
Whereas, when adopting the said Directive, the Council 
has also acknowledged that additional measures should 
be adopted in order to alleviate the social and regional 
consequences of the restructuring of the shipbuilding 
sector; whereas, for this purpose, the Commission has 
submitted to the Council and the European Parliament a 
communication on the industrial, social and regional 
aspects of shipbuilding ('); Whereas, when adopting the said Directive, the Council 
has also acknowledged that additional measures should 
be adopted in order to alleviate the social and regional 
consequences of the restructuring of the shipbuilding 
sector; whereas, for this purpose, the Commission has 
submitted to the Council and the European Parliament 
two communications on the industrial, social and 
regional aspects of shipbuilding ('); 
Eighth and ninth recitals unchanged 
0) COM(86) 553 final of 15. 10. 1986. O COM(86) 553 final of 15. 10. 1986 and COM(87) 275 final 
of 20. 7. 1987. 
No C 249/6 Official Journal of the European Communities 23. 9. 88 
FORMER TEXT AMENDED TEXT 
Tenth recital is amended as follows: 
Whereas, however, the provisions relating to assistance 
from the European Social Fund and the European 
Regional Development Fund respond only in part to the 
specific problems of workers made redundant or 
threatened with redundancy in the shipbuilding industry; 
whereas the range of measures qualifying for assistance 
from the European Social Fund which could be used to 
assist workers affected by restructuring is limited in 
particular by the terms of Article 1 of Regulation (EEC) 
No 2950/83; whereas the operations backed by the 
European Regional Development Fund which, mainly 
through software measures to assist small and 
medium-sized enterprises, are designed to create an envi­
ronment favourable to the development of new economic 
activities, are limited to certain geographical areas; 
whereas, moreover, the workers affected by the restruc­
turing of traditional industries have difficulty in moving 
to available jobs and in responding to changes in the 
demand for labour; whereas the adoption of new accom­
panying social measures of direct and immediate benefit 
to all shipbuilding workers made redundant or 
threatened with redundancy in the European Community 
is the most appropriate way of solving this specific 
problem of the labour market; Whereas, however, the provisions relating to assistance 
from the European Social Fund and the European 
Regional Development Fund respond only in part to the 
specific problems of workers made redundant or 
threatened with redundancy in the shipbuilding industry; 
whereas assistance from the European Social Fund for 
workers of over 25 years of age who are affected by a 
restructuring process is granted only in respect of voca­
tional training measures; whereas the workers affected 
by the restructuring of traditional industries experience 
particular difficulties in moving to available or newly 
created jobs and responding to changes in the demand 
for labour; whereas the adoption of new accompanying 
social measures of potential direct and immediate 
advantage to shipbuilding workers made redundant or 
threatened with redundancy in the European Community 
is therefore the most appropriate way of reacting to the 
urgent and serious nature of this particular problem of 
the labour market pending the implementation of the 
reform of the structural funds; 
11th to 13th recitals unchanged 
Article 1 unchanged 
Articles 2 and 3 
New Article 2 is amended as follows: 
Article 2 
1. The Community programme shall encourage the 
absorption into economic life, socio-occupational inte­
gration and geographical mobility of workers made 
redundant or threatened with redundancy, as well as 
facilitate the transition to permanent retirement from 
working life of elderly workers who, from the point of 
view of their national legislation, are no longer 
considered as being in search of employment. 
2. The Community programme is intended to assist 
shipbuilding workers made redundant or threatened with 
redundancy with effect from 1 January 1987. Article 2 
1. The Community programme shall encourage the 
absorption into economic life of workers made 
redundant or threatened with redundancy, as well as 
facilitate permanent retirement from working life of 
elderly workers who, from the point of view of their 
national legislation, are no longer considered as being in 
search of employment. 
2. The duration of the Community programme shall 
be three years as from 1 January 1988. 
23. 9. 88 Official Journal of the European Communities No C 249/7 
FORMER TEXT AMENDED TEXT 
3. The duration of the Community programme shall 
be three years as from 1 January 1988. 
Article 3 
1. Assistance under the Community programme shall 
be granted for measures which form part of a 
programme which is defined at national level, is designed 
for the categories of workers, economic branch, groups 
of undertakings or geographical areas concerned and is 
intended to remedy the causes of the imbalances 
affecting employment and encourage social cohesion. 
2. The implementation of the programme shall be the 
subject of a programme contract between the 
Commission and the Member State concerned. 
3. The Member States shall be responsible for 
ensuring the proper implementation of the measures. 3. Assistance under the Community programme shall 
be granted for measures which form part of a 
programme which is defined at national level and is 
intended to promote employment. 
4. The implementation of the programme shall be the 
subject of a programme contract between the 
Commission and the Member State concerned, the 
content of which is set out in the Annex hereto. 
5. The Member States shall be responsible for 
ensuring the proper implementation of the measures. 
Articles 4, 5 and 6 
Article 4 
1. Assistance under the Community programme may 
be granted for measures to encourage the absorption of 
workers into economic life and their socio-occupational 
integration which are designed to promote the 
recruitment by firms, particularly small and 
medium-sized undertakings and local employment 
initiatives, of workers made redundant or threatened 
with redundancy on condition that their new 
employment contract is of a duration of not less than 
one year. New Article 3 is amended as follows: 
Article 3 
Assistance under the Community programme may be 
granted for measures which are designed to: 
promote the recruitment by firms, particularly small 
and medium-sized undertakings and local 
employment initiatives, of workers made redundant or 
threatened with redundancy on condition that their 
new employment contract is of a duration of not less 
than one year; 
2. Assistance under the Community programme may 
be granted for measures to encourage the absorption of 
workers into economic life and their socio-occupational 
integration which are designed to maintain their incomes 
by compensating for any wage difference between the 
old and new jobs of newly recruited workers on 
condition that the new employment contracts of such 
workers are of a duration of not less than one year. maintain the same level of earnings by compensating 
for the wage difference between the old and new jobs 
of newly recruited workers on condition that the new 
employment contracts of such workers are of a 
duration of not less than one year; 
3. help workers made redundant or threatened with 
redundancy to set up a firm or create a new self-
employed activity; 
3. Assistance under the Community programme may 
be granted for measures to encourage the absorption of 
workers into economic life and their socio-occupational 
integration which are designed to help workers made 
redundant or threatened with redundancy to set up a 
firm or create a new self-employed activity. promote the use by workers made redundant or 
threatened with redundancy of services offered 
directly to them by local counselling bodies whose 
tasks consist mainly in helping workers to set up a 
firm, create self-employed activities or take part in a 
local employment initiative; 
No C 249/8 Official Journal of the European Communities 23. 9. 88 
FORMER TEXT AMENDED TEXT 
4. Assistance under the Community programme may 
be granted for measures to encourage the absorption of 
workers into economic life and their socio-occupational 
integration which are designed to promote the use by 
workers made redundant or threatened with redundancy 
of services offered directly to them by local counselling 
bodies whose tasks consist mainly in helping workers to 
set up a firm, create self-employed activities or take part 
in a local employment initiative. 
5. Assistance under the Community programme may 
be granted for measures to encourage the absorption of 
workers into economic life and their socio-occupational 
integration which are designed to promote employment 
in projects fulfilling collective needs and entailing the 
creation of jobs of a minimum duration of one year. 
6. Assistance under the Community programme may 
be granted for measures to encourage the absorption of 
workers into economic life and their socio-occupational 
integration which are designed to maintain, for a 
maximum period of 12 months, the same level of 
earnings for workers who have lost their job and are 
awaiting training or a new job. 5. promote employment of workers made redundant in 
projects fulfilling collective needs and entailing the 
creation of jobs of a minimum duration of one year; 
6. promote the retraining of redundant workers 
registered as unemployed who need to acquire new 
skills offering substantial prospects of employment by 
means of operations which have a minimum duration 
of 400 hours under a programme not qualifying for 
assistance from the European Social Fund; 
7. encourage geographical and vocational mobility of 
workers who are made redundant or threatened with 
redundancy and are obliged to change their place of 
residence to take up a new job or take part in a 
training course facilitating employment in a stable job; 
8. facilitate permanent retirement from working life of 
elderly workers who are made redundant and, from 
the point of view of their national legislation, are no 
longer considered as being in search of employment. 
Article 5 
Assistance under the Community programme may be 
granted for measures to encourage the geographical 
mobility intended to facilitate the movement of workers 
who are made redundant or threatened with redundancy 
and are obliged to change their place of residence to 
take up a new job or take part in a training course as 
well as of members of their family. 
Article 6 
Assistance under the Community programme may be 
granted for measures to facilitate the transition to 
permanent retirement from working life of elderly 
workers who are made redundant and, from the point of 
view of their national legislation, are no longer 
considered as being in search of employment. 
Articles 7 to 14 
New Article 4 is amended as follows: 
Article 7 
1. In the case of the measures defined in Article 4(1), 
only expenditure intended to cover the granting of 
recruitment aid for a period of not more than 12 months 
per person shall qualify for assistance under the 
Community, programme. Article 4 
1. In the case of the measure defined in Article 3 (1), 
only expenditure intended to cover the granting of 
recruitment aid for a period of not more than 12 months 
per person shall qualify for assistance under the 
Community programme. ( 
23. 9. 88 Official Journal of the European Communities No C 249/9 
FORMER TEXT AMENDED TEXT 
2. Assistance under the Community programme may 
be granted at a rate of 15 % of the average gross wage 
of industrial workers in the Member State concerned. 
The amounts of assistance to be granted per person and 
per unit of time for each Member State shall be as 
determined by the Commission in the decision for the 
year in question taken in accordance with Article 2 (2) of 
Regulation (EEC) No 2950/83. 
Article 8 
1. In the case of the measures defined in Article 4 (2), 
only expenditure intended to cover the granting of an 
income maintenance allowance for a period of not more 
than 12 months per person shall qualify for assistance 
under the Community programme. 
2. Within the meaning of this Article, 'income main­
tenance' shall be understood as the maintenance of the 
gross wage and any payments necessary in order to 
retain any connected statutory and non-statutory en­
titlements enjoyed by the worker in question for a 
normal wage period in his former job. 
3. Assistance under the Community programme shall 
be granted at a rate of 15 % of the average gross wage 
of industrial workers in the Member State concerned. 
The amounts of assistance to be granted per person and 
per unit of time for each Member State shall be as 
determined by the Commission in the decision for the 
year in question taken in accordance with Article 2 (2) of 
Regulation (EEC) No 2950/83. 2. In the case of the measure defined in Article 3 (2), 
only expenditure intended to cover, for a period of not 
more than 12 months per person, the granting of an 
income allowance designed to ensure the same level of 
earnings, shall qualify for assistance under the 
Community programme. 
3. In the case of the measure defined in Article 3 (3) 
only expenditure intended to cover, for a period of not 
more than 12 months per person, the administrative costs 
linked to the setting up of a firm and the creation of a 
new self-employed activity as well as rental costs but 
excluding other operating costs shall qualify for 
assistance under the Community programme. 
4. In the case of the measure defined in Article 3 (4), 
only expenditure intended to cover, for a period of not 
more than 12 months per person, the cost of services 
supplied directly to workers by counselling bodies shall 
qualify for assistance under the Community programme. 
5. In the case of the measure defined in Article 3 (5), 
only expenditure intended to cover, for a period of not 
more than 12 months per person, the granting of 
recruitment aid for projects aimed at the creation of jobs 
and fulfilling collective needs shall qualify for assistance 
under the Community programme; the said jobs must be 
stable or likely to provide additional training or 
experience with a vocational content giving access to the 
labour market and facilitating employment in a stable 
job. 
Article 9 
In the case of the measures defined in Article 4 (3), only 
expenditure intended to cover, for a period of not more 
than 12 months per person, the administrative costs 
linked to the setting up of a firm and the creation of a 
new self-employed activity as well as rental costs but 
excluding other operating costs shall qualify for 
assistance under the Community programme. 6. In the case of the measure defined in Article 3 (6), 
only expenditure intended to cover, for a maximum 
period of 12 months per person, the granting of a 
retraining allowance designed to ensure the same level of 
earnings for redundant workers registered with an 
official employment office and calculated on the basis of 
the difference between unemployment benefit and the 
former level of earnings, shall be eligible for assistance 
under the Community programme. 
Article 10 
In the case of the measures defined in Article 4 (4), only 
expenditure intended to cover, for a period of not more 
than 12 months per person, the cost of services supplied 
directly to workers by counselling bodies shall qualify for 
assistance under the Community programme. 7. In the case of the measure defined in Article 3 (7), 
only expenditure intended to cover the granting of a 
mobility premium intended to cover travel expenses, 
including those of dependants, and removal expenses 
shall be eligible for assistance under the Community 
programme on condition that the worker concerned can 
furnish proof of his new employment or participation in 
a training course facilitating employment in a stable job 
and has made application within 12 months following the 
No C 249/10 Official Journal of the European Communities 23. 9. 88 
FORMER TEXT AMENDED TEXT 
Article 11 
1. In the case of the measures defined in Article 4 (5), 
only expenditure intended to cover, for a period of not 
more than 12 months per person, the granting of 
recruitment aid for projects aimed at the creation of jobs 
and fulfilling collective needs shall qualify for assistance 
under the Community programme; the said jobs must be 
stable or likely to provide additional training or 
experience with a vocational content giving access to the 
labour market and facilitating employment in a stable 
job. 
2. Assistance under the Community programme shall 
be granted at a rate of 15 % of the average gross wage 
of industrial workers in the Member State concerned. 
The amounts of assistance to be granted per person and 
per unit of time, for each Member State, shall be as 
determined by the Commission in the decision for the 
year in question taken in accordance with Article 2 (2) of 
Regulation (EEC) No 2950/83. date of his redundancy or the end of his employment 
contract in shipbuilding. 
8. In the case of the measure defined in Article 3 (8), 
only expenditure intended to cover the granting of an 
allowance for the permanent retirement from working 
life of elderly redundant workers who, from the point of 
view of their national legislation, are no longer in search 
of employment, regardless of whether they have entered 
early retirement, or are in receipt of a tiding-over 
allowance in the form of a bridging allowance supple­
menting unemployment benefit, shall qualify for 
assistance under the Community programme. 
9. Within the meaning of this Article, 'the same level 
of earnings' shall be understood as the maintenance of at 
least 80 % of the gross wage plus any payments 
necessary in order to retain any connected statutory and 
non-statutory entitlements enjoyed by a worker in 
respect of a normal wage period in his former job. 
Article 12 
1. In the case of the measures defined in Article 4 (6), 
only expenditure intended to cover, for a maximum 
period of 12 months per person, of a tiding-over 
allowance designed to ensure the same level of earnings 
for redundant workers registered with an official 
employment office and calculated on the basis of the 
difference between unemployment benefit and the 
former level of earnings, shall be eligible for assistance 
under the Community programme. 10. Assistance under the Community programme to 
the expenditures defined in paragraphs 1, 2, 5 and 6 
above shall be granted at a rate of 15 % of the average 
gross wage of industrial workers in the Member State 
concerned. The amounts of assistance to be granted per 
person and per unit of time, for each Member State, 
shall be as determined by the Commission in the decision 
for the year in question taking in accordance with Article 
2 (2) of Regulation (EEC) No 2950/83. 
2. Within the meaning of this Article, 'the same level 
of earnings' shall be understood as the maintenance of 
80 % of the gross wage plus any payments necessary in 
order to retain any connected statutory and 
non-statutory entitlements enjoyed by a worker in 
respect of a normal wage period in his former job. 
3. Assistance under the Community programme shall 
be granted at a rate of 15 % of the average gross wage 
of industrial workers in the Member State concerned. 
The amounts of assistance to be granted per person and 
per unit of time, for each Member State, shall be as 
determined by the Commission in the decision for the 
year in question taken in accordance with Article 2 (2) of 
Regulation (EEC) No 2950/83. 
Article 13 
In the case of the measures defined in Article 5, only 
expenditure intended to cover the granting of a mobility 
premium intended to cover travel expenses, including 
23. 9. 88 Official Journal of the European Communities No C 249/11 
FORMER TEXT AMENDED TEXT 
those of dependants, and removal expenses shall be 
eligible for assistance under the Community programme 
on condition that the worker concerned can furnish 
proof of his new employment or participation in a 
training course and has made application for the said 
allowance within 12 months following the date of his 
redundancy or the end of his employment contract in 
shipbuilding. 
Article 14 
In the case of the measures defined in Article 6, only 
expenditure intended to cover the granting of an 
allowance for the permanent retirement from working 
life of elderly redundant workers who, from the point of 
view of their national legislation, are no longer in search 
of employment, regardless of whether they have entered 
early retirement, or are in receipt of a tiding-over 
allowance in the form of a bridging allowance supple­
menting unemployment benefit, shall qualify for 
assistance under the Community programme. 
Article 15 
New Article 5 is amended as follows: 
Article 15 
1. Assistance under the Community programme 
towards eligible expenditure shall be calculated on the 
basis of an amount per worker 
The said amount may not exceed: 
— 2 500 ECU per worker in the case of the measures 
defined in Article 4, 
— 1 500 ECU per worker in the case of the measures 
defined in Article 5, 
— 5 000 ECU per worker in the case of the measures 
defined in Article 6. 
2. Assistance under the Community programme 
towards eligible expenditure in respect of the measures 
defined in Article 4 is limited to 2 500 ECU per worker 
regardless of whether the worker participates in one or 
more measures to encourage the absorption of workers 
into economic life and their socio-occupational inte­
gration. 
3. Assistance under the Community programme 
towards eligible expenditure in respect of the measures 
defined in Article 5 may be added together with 
assistance under the Community programme towards 
eligible expenditure in respect of the measures defined in 
Article 4. Article 5 
1. Assistance under the Community programme 
towards eligible expenditure shall be calculated on the 
basis of an amount per worker. 
The said amount may not exceed: 
— 2 500 E.CU per worker in the case of the measures 
defined in Article 3 (1) to (6), 
— 1 500 ECU per worker in the case of the measure 
defined in Article 3 (7), 
— 5 000 ECU per worker in the case of the measure 
defined in Article 3 (8). 
2. Assistance under the Community programme 
towards eligible expenditure in respect of the measures 
defined in Article 3 (1) to (6) is limited to 2 500 ECU per 
worker regardless of whether the worker participates in 
one or more measures to encourage the absorption of 
workers into economic life. 
3. Assistance under the Community programme 
towards eligible expenditure in respect of the measure 
defined in Article 3 (7) may be added together with 
assistance under the Community programme towards 
eligible expenditure in respect of the measures defined in 
Article 3 (1) to (6). 
No C 249/12 Official Journal of the European Communities 23. 9. 88 
FORMER TEXT AMENDED TEXT 
4. Assistance under the Community programme shall 
not be granted in respect of expenditure which may be 
classed as eligible and priority expenditure, for assistance 
from the European Social Fund. 
5. Assistance under the Community programme to 
cover eligible expenditure may not exceed the amount of 
the financial contribution made by the public authorities 
of the Member State concerned. 
6. For the purpose of granting assistance under the 
Community programme, the Commission shall give its 
consideration to expenditure made by the Member State 
within the 12 months preceding the date on which the 
application for assistance is received by the Commission. 4. Assistance under the Community programme shall 
not be granted in respect of expenditure which may be 
classed as eligible and priority expenditure, for assistance 
from the European Social Fund. 
5. Assistance under the Community programme to 
cover eligible expenditure may not exceed the amount of 
the financial contribution made by the public authorities 
of the Member State concerned. 
6. For the purpose of granting assistance under the 
Community programme, the Commission shall give its 
consideration to expenditure made by the Member State 
with effect from 1 January 1987. 
Article 16 
Article 16 becomes Article 6 (text unchanged). 
Article 17 
Article 17 becomes Article 7 (text unchanged). 
Article 18 
Article 18 becomes Article 8 (text unchanged). 
ANNEX 
Add the following text: 
ANNEX 
The programme contract shall contain an indication of at least the following: 
(a) staff reduction programmes for 1987 to 1990 resulting from complete or partial shutdowns or changed 
activities, the number of jobs lost since 1 January 1987 and the shipyards in question; 
(b) the nature of the accompanying social measures that have been developed or planned, the number of 
workers affected and the time-scale; 
(c) the programme budget with a clear indication of the different sources of national and Community 
funding; 
(d) a description of the authorities or bodies responsible for implementing the different parts of the 
programme; 
(e) the amount of assistance from the Community programme; 
(f) an annual report on the progress of the programme; 
(g) the following procedure for payment: when requests for payment are made, supporting documents for 
the payments including information on the workers benefiting from the payments, the nature and 
duration of the schemes from which they have benefited and the amounts they have actually received 
must be submitted to the Commission.