Common Position (EC) No 27/2001

adopted by the Council on 25 June 2001

with a view to adopting Decision No .../2001/EC of the European Parliament and of the Council of ... on Community incentive measures in the field of employment

(Text with EEA relevance)

(2001/C 301/02)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 129 thereof,

Having regard to the proposal from the Commission(1),

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 the procedure laid down in Article 251 of the Treaty(4),

Whereas:

(1) Article 3 of the Treaty sets out that the activities of the Community shall include the promotion of coordination between employment policies of the Member States with a view to enhancing their effectiveness by developing a coordinated strategy for employment.

(2) The Extraordinary European Council Meeting on Employment in Luxembourg on 20 and 21 November 1997 launched an overall strategy for employment, the European employment strategy, encompassing the coordination of Member States' employment policies on the basis of commonly-agreed employment guidelines (the Luxembourg process), the continuation and development of a coordinated macroeconomic policy and of an efficient internal market, with a view to laying the foundations for sustainable growth, new dynamism and a climate of confidence conducive to boosting employment. This strategy also involves the harnessing in a more systematic way of all Community policies in support of employment, both framework policies and support policies.

(3) The European Council of Lisbon of 23 and 24 March 2000 has agreed on a new strategic goal for the Union to build a competitive and dynamic knowledge-based economy capable of sustaining economic growth with more and better jobs and greater social cohesion and so to regain the conditions for full employment. To this end, it has set a new range of targets and benchmarks and introduced them in a new open method of coordination at all levels coupled with a stronger guiding and coordination role for the European Council, to ensure more coherent strategic direction and effective monitoring of progress. Moreover, it requested that the mid-term review of the Luxembourg process should give a new impetus by enriching the employment guidelines with more concrete targets establishing closer links with other relevant policy areas.

(4) A specific strength of the European employment strategy is that Member States cooperate on employment policy, while retaining the right to take decisions appropriate to their individual circumstances. Another strength is that they learn from the experiences of each other, including the ways in which they involve the social partners, and local and regional authorities.

(5) The European Council has determined on several occasions that comparable and reliable statistics and indicators in the field of employment and the labour market should be defined and collected.

(6) Council Decision 2000/98/EC of 24 January 2000 establishing the Employment Committee(5) aims at promoting coordination between the Member States on employment and labour-market policies.

(7) Council Decision 98/171/EC of 23 February 1998 on Community activities concerning analysis, research and cooperation in the field of employment and the labour market(6) which provided for such activities ceased to apply on 31 December 2000.

(8) This Decision should provide for the continuation and development of the activities launched on the basis of Decision 98/171/EC. In implementing activities under this Decision, the Commission should take full account of the results of the programme carried out under Decision 98/171/EC.

(9) The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(7).

(10) This Decision lays down, for the entire duration of the activities, a financial framework constituting the prime reference within the meaning of point 33 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission, on budgetary discipline and improvement of the budgetary procedure(8) for the budgetary authority during the annual budgetary procedure,

HAVE DECIDED AS FOLLOWS:

Article 1

Establishment of Community activities

Community activities concerning analysis, research and cooperation among the Member States in the field of employment and the labour market shall be carried out in the period from 1 January 2001 to 31 December 2005.

Article 2

Principles

1. The activities referred to in this Decision are those directly linked to the implementation of Title VIII of the Treaty.

2. The activities shall contribute to achieving the new strategic goal set by the European Council at Lisbon of enabling the Community to re-establish the conditions for full employment.

Article 3

Objectives

1. The objectives of these activities are:

(a) to underpin a coordinated approach to employment policy in the Community within the overall aim of raising the employment rate set out by the European Council at Lisbon;

(b) to contribute to the development of the coordinated strategy for employment through the analysis, monitoring and support of actions carried out in the Member States, with due regard for the latters' responsibilities in this field;

(c) to develop, follow up and evaluate the European employment strategy with a strong forward-looking emphasis;

(d) to foster cooperation between Member States in analysis, research and monitoring of labour-market policy;

(e) to identify best practices and promote exchanges and transfers of information and experience;

(f) to develop the approach and contents of the European employment strategy, including ways of cooperating with the social partners and relevant local and regional authorities, and

(g) to implement an active and transparent information policy.

2. The analysis in the context of these activities shall to the maximum possible extent be gender specific.

Article 4

Community measures

1. Bearing in mind the principles set out in Article 2 and with a view to achieving the objectives referred to in Article 3, the Community measures shall cover the following activities:

(a) analysis and evaluation of employment trends and framework policy conditions; prospective analysis on policy areas of importance to the Commission and Member States for the assessment of policy options and the impact of Community policies; forward analysis and research of new policy issues arising in the development of the coordinated strategy for employment;

(b) providing support for Member States' efforts in evaluating in a consistent and coordinated manner their national action plans for employment, including the way in which the social partners and relevant regional and local authorities have been involved in their implementation. A special evaluation exercise shall be completed at the end of the first period of application of the annual employment policy guidelines agreed in accordance with the Luxembourg process;

(c) a quantitative and qualitative evaluation of the effects of the European employment strategy in general, and analysis of the consistency between the European employment strategy and general economic policy, as well as other policy areas;

(d) bringing together and exchanging experience in the Member States, including the peer review process, in terms of both the pillars and individual guidelines, as defined in the annual employment policy guidelines for the Member States. Increasing this cooperation will help Member States in developing their employment policies in the light of the lessons learned;

(e) monitoring of the European employment strategy in the Member States, in particular through the European Employment Observatory;

(f) technical and scientific work needed to underpin the development of common quantitative and qualitative indicators, improving and completing statistics, benchmarking performances and the exchange of information on best practices;

(g) supporting the input of presidencies of the Council of the European Union in order to create a special focus on priority elements of the European employment strategy and on special events of high international importance or of general interest to the Community and the Member States.

2. Under the activities referred to in paragraph 1, efforts shall be made to mainstream the principle of gender equality, in particular with regard to equal opportunities for men and women in employment and labour markets and to reconciling working life and family life.

3. In implementing the measures referred to in paragraph 1, the Commission shall take into account the statistical data, studies and project reports available from international organisations such as the Organisation for Economic Cooperation and Development (OECD) and the International Labour Organisation (ILO).

Article 5

Outputs

The output of the activities referred to in Article 4 shall be used or published according to the type of activity involved, including:

(a) the "Employment in Europe" report and other publications, working documents, reports to be submitted to the Council, the Commission and the Employment Committee; including reports on the evaluation of the Luxembourg process referred to in Article 4(1)(b);

(b) national seminars in preparation for the national action plans for employment, seminars on employment policy or the organisation of important international events on priority topics or topics of general importance;

(c) the use of Internet facilities for the dissemination of results (web publishing, Internet chat-rooms and seminars) and as a tool to foster cooperation and the exchange of information.

Article 6

Consistency and complementarity

The Commission shall ensure that the measures implemented under this Decision and the other relevant Community programmes and initiatives (such as the social inclusion programme and the framework programme for research, technological development and demonstration activities) are consistent with each other and complementary. The outcomes of other Community initiatives could be used as inputs into the actions covered by this Decision, and results from the activities mentioned in this Decision could be used as inputs into other Community initiatives.

Article 7

Participation of non-member countries

1. The activities which may be open to participation by the countries of the European Economic Area, the associated countries of central and eastern Europe, Cyprus, Malta and Turkey, and Mediterranean countries which are partners of the European Union shall be defined in the context of the European Union's relations with those countries.

2. The cost of the participation referred to in paragraph 1 shall be borne either by the countries concerned or under the Community budget headings covering implementation of the cooperation, association or partnership agreements with those countries in the area concerned.

Article 8

Implementing measures

1. The measures necessary for the implementation of this Decision relating to the matters referred to below shall be adopted in accordance with the management procedure referred to in Article 9(2):

(a) the general guidelines for the implementation of the activities;

(b) the annual budgets and the distribution of funding between measures;

(c) the annual plan of work for the implementation of actions under the activities, and the Commission proposals for selection criteria for financial support, including the criteria for monitoring and assessing activities receiving such support, and the procedure for disseminating and transferring the results.

2. The measures necessary for the implementation of this Decision relating to all other matters shall be adopted in accordance with the advisory procedure referred to in Article 9(3).

Article 9

Committee

1. The Commission shall be assisted by a committee.

2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at two months.

3. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

4. The committee shall adopt its rules of procedure.

Article 10

Cooperation with other Committees

To ensure the consistency and complementarity of these activities with other measures referred to in Article 6, the commission shall keep the Committee referred to in Article 9 regularly informed about other relevant community action. Where appropriate, the commission shall establish regular and structured cooperation between this committee and the committees established for other relevant policies, instruments and actions.

Article 11

Links to be established

Without prejudice to Articles 8, 9 and 10, the Commission shall establish the necessary links with the Employment committee, in order to ensure that that committee is regularly and appropriately informed about the implementation of the activities referred to in this Decision.

Furthermore the Commission shall, within the framework of the activities referred to in this Decision, establish the necessary links with the social partners and regularly exchange views with them. To that end, the Commission shall make the relevant information available to the social partners. The Commission shall inform the Employment Committee and the committee referred to in Article 9 of the views of the social partners.

Article 12

Financing

1. The financial framework for the implementation of the Community activities referred to in this Decision for the period 1 January 2001 to 31 December 2005 shall be EUR 50 million.

2. The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.

Article 13

Evaluation and Reporting

1. The Commission shall identify performance indicators for the actions, monitor achievement of interim results, and carry out independent evaluations in the third year (mid-term) and early during the last year (ex-post) of the activities. The evaluations shall assess in particular the impact achieved and the efficiency of the use of resources, and provide decision-oriented recommendations for adjustments and the eventual extension of the activities.

2. The Commission shall make the results of the actions undertaken and evaluation reports publicly available.

3. In the light of the evaluations, the Commission may propose an extension of the activities.

4. The Commission shall submit an interim report on the results of the activities to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions by 31 December 2003 at the latest, and a final report by 31 December 2006 at the latest. It shall incorporate into these reports information on Community financing within the framework of the activities and on consistency and complementarity with other relevant programmes, actions and initiatives, as well as the relevant evaluation results.

Article 14

Entry into force

This Decision shall enter into force the day of its publication in the Official Journal of the European Communities.

Done at ...,

For the European Parliament

The President

For the Council

The President

(1) OJ C 337 E, 28.11.2000, p. 242.

(2) Opinion delivered on 28 February 2001 (OJ C 139, 11.5.2001, p. 30).

(3) Opinion delivered on 13 December 2000 (OJ C 144, 16.5.2001, p. 30).

(4) Opinion of the European Parliament of 14 February 2001 (OJ C 276, 1.10.2001, p. ...), Council Common Position of 25 June 2001 and Decision of the European Parliament of ... (not yet published in the Official Journal).

(5) OJ L 29, 4.2.2000, p. 21.

(6) OJ L 63, 4.3.1998, p. 26.

(7) OJ L 184, 17.7.1999, p. 23.

(8) OJ C 172, 18.6.1999, p. 1.

STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

1. On 24 July 2000, on the basis of Article 129 of the Treaty establishing the European Community (EC Treaty), the Commission submitted to the Council a proposal for a Decision of the European Parliament and of the Council on Community incentive measures in the field of employment.

2. Acting in accordance with Article 251 of the EC Treaty, the European Parliament delivered its opinion at first reading on 14 February 2001.

The opinion of the Economic and Social Committee was delivered on 28 February 2001 and that of the Committee of the Regions on 31 December 2000.

3. On 28 February 2001, the Commission submitted an amended proposal for a Decision to the Council, incorporating a number of the amendments proposed by the European Parliament.

4. In accordance with the procedure laid down in Article 251 of the EC Treaty, the Council adopted its Common Position on 25 June 2001.

II. PURPOSE

The proposal for a Decision seeks to implement Article 129 of the EC Treaty and in particular, to encourage cooperation between Member States and support their action in the field of employment.

III. ANALYSIS OF THE COMMON POSITION

1. General comments

Article 129 of the EC Treaty states that the Council "may adopt incentive measures designed to encourage cooperation between Member States and to support their action in the field of employment through initiatives aimed at developing exchanges of information and best practices, providing comparative analysis and advice as well as promoting innovative approaches and evaluating experiences".

The Council, in its Common Position, concurred with the proposal's objectives as put forward by the Commission and supported by the European Parliament, but made a number of amendments to the proposal.

In its subject matter, the Common Position fulfils the objectives set out in Article 129 of the EC Treaty, in so far as it defines the measures which have to be taken at Community level to support Member States' efforts to secure full employment while accepting that it is Member States which have responsibility in this area.

Since the Luxembourg and Lisbon European Councils laid down a number of strategic objectives and proposed that Member States utilise an open method of coordination to achieve that objective, the Community's supporting role has acquired a new dimension. The Common Position seeks to replace Council Decision 98/171/EC of 23 February 1998, which expired on 31 December 2000, although in content it is more ambitious than that Decision.

The Common Position lays down the guiding principles for Community initiatives. One of those principles is the incorporation of gender equality. In order to achieve its aims, the Common Position counts on the involvement of the social partners and regional and local authorities among others. It also lays down ways of disseminating the results of the various activities and sets up a whole system for assessing those results. The activities may be open to participation by non-member countries, particularly the candidate countries.

The amendments introduced in the Common Position, include some aimed at simplifying the legislative text and giving it greater clarity, as well as a number which accommodate many of the European Parliament's proposed amendments, at least in spirit.

2. Amendments made by the European Parliament

The European Parliament adopted 17 amendments during its plenary session on 14 February 2000. These can be summarised as follows:

- amendments relating to the Luxembourg process and to the involvement of the social partners and local and regional authorities (amendments 1, 3, 5),

- amendments concerning gender equality and equal opportunities (amendments 4, 7, 8, 9, 11),

- amendments aimed at making the general public more aware of the strategy and measures involved (amendments 3 (part 2), 11, 12),

- amendments concerning participation by the EP (amendments 2, 15),

- amendments concerning the assessment of the European employment strategy (amendment 6),

- amendment relating to pilot-projects (amendment 10),

- amendments aimed at clarifying the links with other Community programmes and initiatives (amendments 13, 14),

- amendments relating to the budget and annual appropriations (amendments 16, 17).

2.1. European Parliament amendments rejected by the Commission

The Commission did not take on board five of Parliament's amendments (4, 14, 15, 16 and 17) in its amended proposal.

2.2. European Parliament amendments accepted by the Commission

The Commission included 12 of the 17 amendments proposed by the Parliament in its amended proposal, if not verbatim, at least in spirit. Those concerned are amendments 1, 2, 3, 5, 6, 7, 8, 9, 10 (in part), 11, 12 and 13 (in part).

3. Main amendments made by the Council to the Commission proposal

3.1. European Parliament amendments accepted by the Council

The Council adopted 11 of the 12 amendments fully or partly included by the Commission in its amended proposal, at least in spirit if not verbatim. These were amendments 1, 3, 5, 6, 7, 8, 9, 10 (in part), 11, 12 and 13 (in part).

The Council thus broadly endorsed the Commission's amended proposal.

3.2. Parliament amendments rejected by the Council

The Council decided to follow the Commission in not incorporating amendments 14, 15, 16 and 17 in its Common Position. It also dropped amendment 2, but accepted amendment 4.

The Council's reasoning for rejecting these amendments was as follows:

- the recital referred to by amendment 2 has been deleted; since the rules applicable were those laid down in the Treaties, it was regarded as superfluous,

- as regards amendment 14, management of the programme, as well as coordination of the programme with other Community initiatives, are by definition a matter for the Commission. Furthermore, Member States have sole responsibility for appointing members to the various committees concerned,

- the proposal made in amendment 15 seems inappropriate, as interinstitutional relations with the European Parliament are governed by the EC Treaty,

- with regard to the financial reference amount (amendment 16), the Council first of all noted that the Commission had calculated the proposed amount on the basis of actual needs as well as the ability of those involved in the management of human and physical resources to effect the expenditure. The amount adopted in the Council's Common Position also takes into account the actual amount spent under the previous Decision, which was less than the financial reference amount originally set,

- as to amendment 17, the appropriations authorised each year by the budget authority obviously take into account human resources needs.

3.3. Restructuring of the text

To make the text clearer, the former Articles 1 and 2 have been largely rewritten, with the new Article 2 setting out the key principles underpinning the proposed activities.

IV. CONCLUSION

The Council believes that, overall, the text of the Common Position meets the fundamental aims of the Commission's amended proposal. It also considers that it has broadly taken on board the aims of the European Parliament as reflected in its proposed amendments.