II
(Preparatory Acts)
COMMISSION
Amended proposal for a Council Regulation (EC) on the European Social Fund (˛)
(1999/C 74/07)
COM(1999) 44 final - 98/0115(SYN)
(Submitted by the Commission pursuant to Article 189a(2) of the EC Treaty on 1 February 1999)
(˛)ÙOJ C 176, 9.6.1998.
ORIGINAL PROPOSAL AMENDED PROPOSAL
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European
Community, and in particular Article 125 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the Economic and
Social Committee,
Acting in accordance with Article 189c of the Treaty in
cooperation with the European Parliament,
(1)ÙWhereas Council Regulation (EC) No .Ø.Ø. (general
Regulation) replaced Regulation (EEC) No
2052/88Ø(˛), as last amended by Regulation (EC)
No 3193/94Ø(ˇ) and Council Regulation (EEC) No4253/88Ø(—), as last amended by Regulation (EC)No 3193/94; whereas it is necessary also to replace
Council Regulation (EEC) No 4255/88 of 19
December 1988 laying down provisions forimplementing the European Social FundØ(Ñ) (hereinÜafter referred to as "the Fund’), as last amended byRegulation (EC) No 2084/93Ø(Ò);
(˛)ÙOJ L 185, 15.7.1988, p. 9.
(ˇ)ÙOJ L 337, 24.12.1994, p. 11.
(—)ÙOJ L 374, 31.12.1988, p. 1.
(Ñ)ÙOJ L 374, 31.12.1988, p. 21.(Ò)ÙOJ L 193, 31.7.1993, p. 39.18.3.1999 C 74/7 Official Journal of the European Communities EN
ORIGINAL PROPOSAL AMENDED PROPOSAL
(2)ÙWhereas Regulation (EC) No .Ø.Ø. (general ReguÜ
lation) defines the general arrangements governing
the Structural Funds as a whole and that it is
necessary to define the nature of the activitieswhich the European Social Fund (hereinafter "theFund’) may finance within Objectives 1, 2 and 3, in
the Community initiative combating discrimination
and inequalities in access to the labour market, andunder innovative measures and technical assistance;(2)ÙWhereas Regulation (EC) No .Ø.Ø. defines the
general arrangements governing the Structural
Funds as a whole and that it is necessary to define
the nature of the activities which the EuropeanSocial Fund (hereinafter "the Fund’) may financewithin Objectives 1, 2 and 3, in the Community
initiative combating discrimination and inequalities
of any kind in access to the labour market, andunder innovative measures and technical assistance;
(3)ÙWhereas it is necessary to define the mission of the
Fund in relation to the tasks prescribed in theTreaty and in the context of the priorities agreed by
the Community in the fields of human resource
development and employment;
(4)ÙWhereas the conclusions of the European Council
in Amsterdam in June 1997 and its resolution ongrowth and employmentØ(˛) initiated the implemenÜ
tation of the European employment strategy, the
annual guidelines on employment, and the processof establishing national action plans foremployment;
(5)ÙWhereas it is necessary to redefine the scope of the
Fund, in particular following the restructuring and
simplification of the objectives of the StructuralFunds and following the implementation of theEuropean employment strategy and the national
action plans for employment related to it;(5)ÙWhereas it is necessary to redefine the scope of the
Fund, in particular following the restructuring and
simplification of the objectives of the StructuralFunds taking account of the European employmentstrategy and the national action plans for
employment related to it;
(6)ÙWhereas it is necessary to define a common
framework for Fund interventions in all threeStructural Fund objectives so as to ensureconsistency and complementarity of actions across
those objectives to improve the workings of the
labour market and to develop human resources;
(7)ÙWhereas the Member States and the Commission
should ensure that programming and implemenÜtation of the actions financed by the Fund in the
context of all the objectives contribute to the
promotion of equality between women and men;(7)ÙWhereas the Member States and the Commission
should ensure that programming and implemenÜtation of the actions financed by the Fund in the
context of all the objectives contribute to the
promotion of equality of opportunity betweenwomen and men, including the removal of unequaltreatment;
(˛)ÙOJ C 236, 2.8.1997, p. 3.C 74/8 18.3.1999 Official Journal of the European Communities EN
ORIGINAL PROPOSAL AMENDED PROPOSAL
(7a)ÙWhereas the Member States and the Commission
should further ensure that the planning and
implementation of measures financed by the Fund
under all objectives help to promote the inteÜgration of disadvantaged groups and individualsinto the labour market;
(8)ÙWhereas the Member States and the Commission
should ensure that the social and labour marketdismension of the information society is duly taken
into account in implementing actions financed by
the Fund;(8)ÙWhereas the Member States and the Commission
should ensure that the social dimension of theinformation society and the employment aspect are
duly taken into account in implementing actions
financed by the Fund;
(9)ÙWhereas it is necessary to ensure that operations
relating to industrial adaptation should meet thegeneral needs of workers of either sex resulting
from industrial change and changes in production
systems identified or predicted and are not designedto benefit a single firm or a particular industry;whereas particular attention should be devoted to
small and mediumÜsized enterprises and to
enhancing access to training and to improving workorganisation;
(10)ÙWhereas it is necessary to ensure that the Fund
continues to strengthen employment and jobqualifications by supporting anticipation, counÜ
selling, networking and training operations
throughout the Community and that the activitiesfunded must therefore be horizontal, covering theeconomy as a whole, without a priori reference to
specific industries or sectors;
(11)ÙWhereas it is necessary to redefine eligible actions
in order to increase the effectiveness of the
implementation of policy aims in the context of all
objectives under which the Fund takes action;whereas it is necessary to define expenditureeligible for Fund assistance within the framework of
the partnership;
(12)ÙWhereas it is necessary to supplement and specify
the content of plans and forms of assistance,especially following the redefinition of Objective 3;
(13)ÙWhereas it is necessary to ensure that the support
of the Fund is concentrated under each objective onthe most important needs and the most effective
operations;18.3.1999 C 74/9 Official Journal of the European Communities
EN
ORIGINAL PROPOSAL AMENDED PROPOSAL
(13a)ÙWhereas it is necessary to include provisions that
ensure that in the decentralised implementation of
aid from the Fund sufficient account is taken of
the Community’s social and employment policypriorities; this applies in particular to preventivelabour market policy and equal treatment of men
and women at work;
(14)ÙWhereas it is necessary to introduce arrangements
whereby local groups may gain simple and rapidaccess to Fund support for operations concernedwith combating social exclusion and thereby build
up their capacity for action in that field;(14)ÙWhereas it is necessary to introduce arrangements
whereby local groups, including nonÜgovernmentalorganisations, may gain simple and rapid access toFund support for operations concerned with
combating social exclusion and thereby build up
their capacity for action in that field;
(15)ÙWhereas measures of major importance to the
Community undertaken at the initiative of theCommission have an important role to play in
achieving the general objectives of Community
structural action referred to in Article 1 of ReguÜlation (EC) No .Ø.Ø.; whereas such initiatives shouldprimarily promote policy innovation and transÜ
national cooperation;
(16)ÙWhereas the Fund also contributes to support for
technical assistance, innovative measures, andpreparatory, monitoring, evaluation measures andcontrol in accordance with Articles 21 and 22 of
Regulation (EC) No .Ø.Ø. (general Regulation);
(17)ÙWhereas it is appropirate to lay down the powers
for the adoption of the implementing provisionsand to set out transitional provisions;
(18)ÙWhereas it is necessary to repeal Regulation (EEC)
4255/88,
HAS ADOPTED THIS REGULATION:
Article 1
Mission
Within the framework of the task entrusted to the
European Social Fund (hereinafter referred to as "theFund’) by Article 123 of the Treaty and of the tasksentrusted to the Structural Funds pursuant to Article
130b of the Treaty and laid down in Regulation (EC)Within the framework of the task entrusted to the
European Social Fund (hereinafter referred to as "theFund’) by Article 123 of the Treaty and of the tasksentrusted to the Structural Funds pursuant to Article
130b of the Treaty and laid down in Regulation (EC)C 74/10 18.3.1999 Official Journal of the European Communities
EN
ORIGINAL PROPOSAL AMENDED PROPOSAL
No .Ø.Ø. (general Regulation), the Fund shall support
human resource development measures to promote a
high level of employment and social protection, equality
between men and women, sustainable development, andeconomic and social cohesion. In particular, the Fundshall contribute to the actions undertaken in pursance of
the European employment strategy and the annual
guidelines on employment.No .Ø.Ø. (general Regulation), the Fund shall support
measures to prevent and combat unemployment and
human resource development measures to promote a
high level of social protection, sustainable development,and economic and social cohesion. In particular, theFund shall contribute to the actions undertaken in
pursuance of the European employment strategy and the
annual guidelines on employment.
Article 2
Scope of intervention
1.ÚÙThe Fund shall support and complement the
activities of Member States in the following policy fields,
in particular in the context of their multiannual national
action plans for employment:
(a)Ùdeveloping active labour policies to combat unemÜ
ployment, to prevent both women and men from
moving into longÜterm unemployment, to facilitatethe reintegration of the longÜterm unemployed intothe labour market, and to support the occupational
integration of young people and of returners to the
labour market;(a)Ùdeveloping and supporting active labour market
policies to combat and prevent unemployment, to
prevent longÜterm unemployment, to facilitate thereintegration of the longÜterm unemployed into thelabour market, and to support the occupational inteÜ
gration of young people and of returners to the
labour market;
(b) promoting social inclusion and equal opportunities
for all in accessing the labour market;
(c) developing education and training systems as part of
lifelong learning policy to enhance and sustain
employability, mobility, and integration into the
labour market;(c) expanding and improving training and education
systems to facilitate access to and integration into the
labour market as part of lifelong learning policy,
enhancing and sustaining employability, encouragingoccupational mobility, and improving integrationinto the labour market;
(d) improving systems to promote a skilled, trained and
adaptable workforce, foster innovation and adaptaÜbility in work organisation, support entrepreneurship
and employment creation, and boost human
potential in research, science and technology;(d) improving systems and implementing measures to
promote a skilled, trained and adaptable workforce,fostering innovation and adaptability in work organiÜ
sation, supporting entrepreneurship and employment
creation, enhancing skills and boosting humanpotential in research, science and techology;
(e) improving the participation of women in the labour
market including their career development, theiraccess to new job opportunities and to entrepreÜneurship, and reducing vertical and horizontal segreÜgation in the labour market.(e) specific measures to improve the particiaption of
women in the labour market including their careerdevelopment, their access to new job opportunitiesand to entrepreneurship, and reducing genderÜspecific vertical and horizontal segregation in the
labour market.18.3.1999 C 74/11 Official Journal of the European Communities
EN
ORIGINAL PROPOSAL AMENDED PROPOSAL
2.ÚÙThe Fund shall contribute to promoting local develÜ
opment, including local employment initiatives and terriÜ
torial employment pacts.
3.ÚÙThe social and labour market dimensions of the
Information Society shall be taken into account, notablyby developing policy and programmes designed toharness the employment potential of the information
society and to ensure equal access to its facilities and
benefits.
Article 3
Eligible activities
1.ÚÙThe financial support of the Fund shall in particular
be devoted to the following activities:
(a)Ùassistance to persons:
(i)Ùeducation and vocational training (including
vocational training equivalent to compulsory
schooling), preÜtraining, including provision and
upgrading of basic skills (including literacy),guidance and counselling;(i)Ùeducation, apprenticeships and vocational
training (including vocational training
equivalent to compulsory schooling),
preÜtraining, including provision and upgradingof basic skills (including literacy), measures topromote employability on the labour market,
guidance, counselling and continuing training;
(ii) employment aids and aids for selfÜemployment;
(iii) in the field of research, science and technology
development, postÜgraduate training and the
training of managers and technicians at researchestablishments and in enterprises;
(iv) development of new sources of employment; (iv) development of new sources of employment, in
particular in the sector of social entrepreÜ
neurship;
(b) assistance to structures and systems:
(i)Ùdevelopment and improvement of the quality
and content of training, education and qualifiÜcation systems, including the training ofteachers, trainers and staff, and improving theaccess of workers to training and qualifications;(i)Ùdevelopment and improvement of training and
education systems and of the quality andcontent of skills provision in relation to thelabour market, including the training ofteachers, trainers and staff, and improving the
access of workers to training and qualifications;C 74/12 18.3.1999 Official Journal of the European Communities
EN
ORIGINAL PROPOSAL AMENDED PROPOSAL
(ii) modernisation and improved efficiency of
employment services;
(iii) development of links between the world of work
and education, training, and research esÜtablishments;
(iv) development of systems for forward planning
and anticipation of changes in employment andskills development, particularly in relation topatterns of work and new forms of workorganisation;(iv) development of systems for forward planning
and anticipation of changes in employment andskills development, particularly in relation topatterns of work and new forms of workorganisation, taking into account the need for
the reconciliation of family and working life and
the flexible transition from working life toretirement;
(c) accompanying measures:
(i)Ùassistance in the provision of services to benefiÜ
ciaries, including the provision of care services
and facilities for dependants, healthcare andlegal assistance;
(ii) capacityÜbuilding, in particular to facilitate the
pathway approach to labour market integration;(ii) promoting socioÜeducational development to
facilitate the pathway approach to labour
market integration;
(iii) aw arenessÜraising, information and publicity.
2.ÚÙThe activities under paragraph 1 above may be
combined or complemented as part of a pathwayapproach to labour market integration.
3.ÚÙThe Fund may finance activities in pursuit of
Articles 21 and 22 of Regulation (EC) No .Ø.Ø. (general
Regulation).3.ÚÙThe Fund may finance activities in pursuit of the
second subparagraph of Article 2(4) of Regulation (EC)
No .Ø.Ø. (general Regulation).
Article 4
Concentration of assistance
1.ÚÙIn order to maximise the efficiency of Fund
support, its interventions within each of the priorityfields referred to in paragraph 1 of Article 2 will beconcentrated to cover a limited number of areas or
themes and be directed towards the most important
needs and the most effective operations, having dueregard to the relevant ex ante evaluations. To support
these needs and operations, variable coÜfinancing ratesshould be used within the limits defined in Article 28 of
Regulation (EC) No .Ø.Ø.Ø (general Regulation).1.ÚÙIn order to maximise the efficiency of Fund
support, its interventions within each of the priorityfields referred to in paragraph 1 of Article 2 will beconcentrated on the most important themes and needs
and the most effective operations, having due regard to
the relevant ex ante evaluations. To support these needs
and operations, variable coÜfinancing rates should beused within the limits defined in Article 28 of Regulation(EC) No .Ø.Ø. (general Regulation).18.3.1999 C 74/13 Official Journal of the European Communities
EN
ORIGINAL PROPOSAL AMENDED PROPOSAL
2.ÚÙThe programming of Fund interventions shall,
subject to the results of the ex ante evaluations, ensure
that measures relating to each of the five policy fields
referred to in paragraph 1(a) to (e) of Article 2 abovewill be undertaken. Fund appropriations available for theintervention in question shall give a particular emphasis
to the policy fields set out in paragraph 1(d) and (e) of
Article 2.
Where the financial scale of the programme is insufÜ
ficient to support effective policy intervention withineach of the five policy fields set out in paragraph 1 of
Article 2, the strategy set out in the programming of the
activities financed by the Fund must nevertheless takeexplicit account of all of those policy fields.
3.ÚÙThe programming of Fund interventions shall
provide that at least 1Ø% of the Fund appropriationsavailable for the intervention in question shall beavailable, in conformity with Article 26 of Regulation
(EC) No .Ø.Ø. (general Regulation), for the distribution by
intermediary organisations of small grants with specialaccess arrangements for nonÜgovernmental organisations.3.ÚÙThe programming of Fund interventions shall
provide that at least 1Ø% of the Fund appropriationsavailable for the intervention in question shall beavailable, in conformity with Article 26 of Regulation
(EC) No .Ø.Ø.Ø (general Regulation), for the distribution
by intermediary organisations of small grants inparticular for local projects, with preference going tononÜgovernmental organisations or local partnerships
involving nonÜgovernmental organisations. Special access
arrangements shall be made for nonÜgovernmentalorganisations.
Article 5
Community initiative
1.ÚÙPursuant to Article 19 of Regulation (EC) No .Ø.Ø.
(general Regulation), the Fund shall, in accordance with
Article 20(1) of that Regulation, contribute to the
implementation of the Community initiative forcombating discrimination and inequalities in access to thelabour market.
2.ÚÙIn conformity with Article 20(2) of Regulation
(EC) No .Ø.Ø. (general Regulation), the decisions on the
contribution of the Fund to the Community initiativemay extend the scope of assistance referred to in Article3 of this Regulation to cover measures which can befunded by the Regulations so as to permit the implemenÜ
tation of all the measures foreseen in the initiative.C 74/14 18.3.1999 Official Journal of the European Communities
EN
ORIGINAL PROPOSAL AMENDED PROPOSAL
Article 6
Innovative measures and technical assistance
1.ÚÙIn conformity with Article 21(2) of Regulation
(EC) No .Ø.Ø. (general Regulation), the Commission mayfinance preparatory, monitoring and evaluationoperations in Member States or at Community level
which are necessary for the implementation of the
operations referred to the present Regulation. They mayinclude:
(a)Ùoperations of an innovatory nature and pilot projects
concerning labour markets, employment, andvocational training;
(b) studies, technical assistance and the exchange of
experience which has a multiplier effect;
(c) technical assistance for the preparation, monitoring,
and evaluation, as well as control of operationsfinanced by the Fund;
(d) operations directed, within the framework of social
dialogue, at staff from enterprises in two or moreMember States and concerning the transfer of special
knowledge relating to areas of intervention by the
Fund;
(e) informing the various partners involved, the final
beneficiaries of assistance from the Fund and the
general public.
2.ÚÙIn accordance with Article 21(2) of Regulation
(EC) No .Ø.Ø. (general Regulation), the field for projectscovered by point (a) of paragraph 1 of this Article is
extended by the decision for the participation of the
Funds to measures that can be financed under ReguÜlations (EC) No .Ø.Ø.Ø in order to implement all themeasures envisaged by the innovative actions concerned.
Article 7
Applications for assistance
Applications for a contribution from the Fund shall be
accompanied by a computerised form, drawn up by theCommission in consultation with the Member States,listing the operations regarding each form of assistanceso that it can be followed through from budgetary
commitment to final payment.18.3.1999 C 74/15 Official Journal of the European Communities
EN
ORIGINAL PROPOSAL AMENDED PROPOSAL
Article 8
Implementing provisions
The detailed implementing rules for this Regulation shall
be adopted by the Commission according to the
procedure laid down in Article 53 of Regulation (EC)
No .Ø.Ø. (general Regulation).
Article 9
Transitional provisions
The transitional provisions set out in Article 52 of ReguÜ
lation (EC) No .Ø.Ø.Ø (general Regulation) shall applymutatis mutandis to the present Regulation.
Article 10
Review clause
On a proposal from the Commission, the Council shall
review this Regulation by 31 December 2006.
It shall act on this proposal in accordance with the
procedure laid down in Article 130d of the Treaty.
Article 11
Repeal
Regulation (EEC) 4255/88 as amended by Regulation
(EEC) 2084/93 is hereby repealed as from 1 January2000.
References to the repealed Regulation shall be construed
as references to this Regulation.
Article 12
Entry into force
This Regulation shall enter into force on the third day
following that of its publication in the Official Journal of
the European Communities .
This Regulation shall be binding in its entirety and
directly applicable in all Member States.C 74/16 18.3.1999 Official Journal of the European Communities EN