EURES Charter

(2003/C 106/03)

THE EUROPEAN COORDINATION OFFICE, hereinafter referred to as the EURES Coordination Office, as established under the terms of Article 21 of Council Regulation (EEC) No 1612/68,

Having regard to Commission Decision 2003/8/EC of 23 December 2002 implementing Council Regulation (EEC) No 1612/68 as regards the clearance of vacancies and applications for employment(1), hereinafter referred to as the Decision, and in particular Article 8,

Having regard to the opinion of the Advisory Committee on free movement of workers and the Technical Committee on free movement of workers,

and after consulting the EURES High Level Strategy Group,

HAS ADOPTED THIS EURES CHARTER:

to which the EURES members (the specialist services appointed by the Member States) and the EURES partners (all other participating organisations, including social partner organisations), in accordance with Article 3 of the Decision, shall adhere when carrying out activities within the framework of the EURES cooperation.

PART I - DESCRIPTION OF EURES ACTIVITIES

EURES activities shall be an integral part of the service offer of the EURES members, accessible at any of their local offices.

EURES members shall take the European dimension, and in particular the European Employment Strategy, into consideration when defining their targets and performance indicators.

EURES members and partners shall collaborate with a view to strengthening this integration.

1.1. Job matching services

EURES members and partners shall actively contribute to an increased mobility on the European labour market by exchanging information between themselves on vacancies and applications for employment. Vacancy information shall be valid, accurate and sufficient to allow job-seekers to make an informed decision about applying. Special attention shall be given to job vacancies where the employer is specifically interested in recruiting workers from other European countries. Vacancy notices shall be exchanged according to the uniform system referred to in part III.

EURES members and partners shall provide information services, counselling and advice to job-seekers and employers, including persons with special information needs, such as workers in the crossborder areas, the young, the elderly, the disabled and women as well as to family members of EU migrant workers. These services shall include:

- Job vacancies and applications

EURES members and partners shall help and advise job-seekers interested in working abroad about suitable vacancies and provide help and assistance with the drawing up of applications and CVs, in conformity with the recommended European CV format. Job-seekers shall be given the opportunity to register their CVs in the EURES CV database.

- Help in recruiting from another European country

EURES members and partners shall provide information and recruitment services to employers who wish to recruit from other countries, including advice and help to specify the profile of the potential candidates. They shall promote the EURES CV database as a tool to give employers access to a pool of those interested in working abroad.

- Information on living and working conditions

EURES members and partners shall provide information and advice on living and working conditions in the EURES countries, which is up-to-date, accurate and comprehensive.

- Information about labour markets

EURES members and partners shall provide information about current trends on the European labour market, including information about availability of manpower, and about labour shortages and surpluses.

EURES services are usually free of charge. When EURES members and partners charge any fees, there shall be no differentiation between the charges levied for access to EURES services and those applicable to comparable national services.

1.2. Transnational, sectoral and crossborder cooperation

EURES members and partners shall contribute to a strengthened cooperation within the network. EURES members and partners which specialise in certain occupations or specific categories of persons, such as management or research staff, shall support the development of transnational cooperation concerning these sectors both within the EURES network and in other relevant European level initiatives and structures.

In addition, EURES members shall support the development of crossborder cooperation together with local social partners, local authorities and other relevant local and regional organisations located in crossborder areas in order to improve the local labour market and facilitate the mobility of workers in these areas, with a view to contribute to the economic and social development of the area. They shall endeavour to integrate the crossborder cooperation with their other activities in order to exploit all possible synergies.

1.3. Monitoring, assessing and tackling obstacles to mobility

With a view to establishing a coordinated monitoring of obstacles to mobility and to contributing to the removal of such obstacles, EURES members shall, in cooperation with the relevant EURES partners or other relevant sources, regularly provide the EURES Coordination Office with information on current migration flows, the existence of specific surpluses and shortages of skilled workers as well as any specific obstacles to mobility that they identify, including differences in legislation and administrative procedures.

PART II - OPERATIONAL OBJECTIVES, QUALITY STANDARDS AND OBLIGATIONS OF THE EURES MEMBERS AND PARTNERS

2.1. Integration of job vacancies databases

By 1 January 2005 all vacancies that have been made public by a EURES member or partner shall be accessible to all the other members and partners using a uniform system and common models (as referred to in part III) that allow them to be further distributed by up-to-date technology.

In addition, EURES members and partners shall ensure that those job vacancies for which the employer has expressed an interest in recruiting internationally or which otherwise are likely to be filled by nationals of other Member states are rapidly made known to EURES members and partners.

2.2. Exchange of information

2.2.1. Exchange of job vacancies

EURES members and partners shall see to it that all vacancies coming from other members and partners are immediately processed and advertised within the systems that come under their respective responsibility, and made available to the public.

They shall ensure that the vacancy information is of a high enough quality to allow job-seekers to search and make an informed decision about applying for a suitable job, and that employers receive applications from the most appropriate applicants.

EURES members must ensure that vacancies continue to be advertised only when they are still open.

- Vacancies must be immediately suspended, or closed, when the employer has enough candidates to consider, or has filled the vacancy.

- EURES members shall monitor all vacancies over a certain number of weeks old and ensure that old vacancies are verified as being still open, or close those that are not.

2.2.2. Exchange of job applications

EURES members and partners shall ensure the exchange of job applications and curricula vitae received from job-seekers both within and outside their respective country.

Applications for vacancies shall be carefully handled by the EURES members and partners, and job-seekers shall be kept fully informed:

- Where applications for vacancies are made directly to the employer, the vacancy creator should, where possible, check with the employer the response to their vacancy advert and take appropriate action to encourage applications.

- Where the application is made via a local employment service office or a EURES adviser, applicants must be informed as to whether their application has been forwarded to the employer or not.

The EURES Coordination Office will draw on the practical experience of EURES members and partners in order to develop Europe-wide standards for job applications designed to improve their transparency, relevance and comparability.

2.2.3. Information on living and working conditions and labour market information

EURES members shall on a regular basis exchange information on living and working conditions in their respective Member country according to a uniform format, referred to in part III, that enables the information to be easily interchanged between members and partners. In addition they shall facilitate access to information on labour law, labour contracts and social legislation.

In addition to undertaking the regular monitoring and assessment of obstacles to mobility referred to in part I, EURES members shall exchange, on a regular basis, information on the state and trends of the labour market, broken down by regions, sectors of activity and, where possible, by type of worker qualifications.

The information must be up-to-date, correct and easily accessible. To ensure accessibility, all information shall be provided in the relevant national language as well as in German, English and French.

EURES members shall regularly update the database on living and working conditions and the labour market information database according to agreed models and structures, and within the agreed time-span.

2.2.4. Any additional information necessary for the creation and maintenance of a joint EU information platform on jobs and mobility

The exchange of information on the items mentioned above shall be part of an integrated European information platform on skills and mobility.

In order to further develop the services and the information provided, the EURES Coordination Office may request EURES members and partners to provide supplementary information that is of interest for job-seekers or employers. This should also contribute to improving the operation of databases on jobs and learning opportunities, at national or other levels, which will be interconnected at European level and further incorporated into a One Stop Job Mobility Information Web Site.

Access will also be provided to information collected by other networks operating at European level.

2.2.5. Access to the information exchanged

To ensure EURES advisers and the public full access to the information exchanged the EURES members must provide the necessary technical facilities and services, such as publicly accessible IT terminals.

2.2.6. Protection of personal data

EURES members and partners shall respect all relevant provisions concerning protection of personal data when exchanging or providing access to information.

2.3. EURES personnel, qualifications and training

The success of EURES depends both on an efficient technical network and a qualified staff, willing to cooperate across borders.

2.3.1. EURES managers, advisers and other personnel

Each EURES member shall designate a EURES manager within the organisation. The EURES manager shall:

- promote integration of the European mobility dimension in general and the EURES cooperation in particular in the member organisation,

- coordinate the EURES activities and prepare and supervise the implementation of the EURES activity plan in the Member country in question,

- ensure that the EURES member meets its objectives and obligations in time,

- disseminate information to EURES advisers and other relevant persons,

- represent the member in the EURES Working Party,

- give feedback to the EURES Coordination Office and the EURES Working Party,

- identify or advise on the identification of potential applicants for initial training as EURES advisers and for the advanced training of existing EURES advisers.

Each EURES member shall ensure that all relevant personnel coming under its responsibility is prepared and trained to achieve the operational objectives and fulfil the standards and obligations described above.

In addition EURES members and partners may designate EURES advisers who work in the framework of one of the EURES member or partner organisations. In order to qualify, EURES advisers must comply with the common selection criteria established in the calls for applicants published by the Commission.

A variety of functions is expected from the EURES advisers, some of which may require a degree of specialisation.

The functions expected of EURES advisers are to:

- provide or coordinate the provision of information, career guidance and assistance on placement to employers and job-seekers as experts on mobility issues,

- contribute to the integration of EURES services within their organisation and provide training and support for other staff,

- contribute to cooperation within the framework of the EURES network.

EURES managers and EURES partners employing EURES advisers shall establish their specific function and time allocation to EURES activities.

EURES members or partners shall provide their EURES advisers with the necessary resources for carrying out their tasks. This concerns in particular:

- the authorisation to be available for EURES tasks, preferably on a full time basis, but at least for half the time of a regular full time equivalent,

- workplace equipment,

- tools necessary for information guidance and counselling.

2.3.2. Training

EURES members and partners shall ensure that EURES managers, EURES advisers and other personnel likely to be involved in the delivery of EURES services are adequately qualified and trained. All prospective EURES advisers must follow the initial training programme in accordance with guidelines established by the EURES Coordination Office in order to qualify as EURES advisers.

EURES members and partners shall actively participate in the delivery of such initial training sessions.

EURES members and partners shall contribute to the delivery of advanced training for the network by e.g. cooperating with the EURES Coordination Office in organising visits and assignments for officials of other Member countries, such as seminars and conferences, as well as additional programmes for specialist personnel.

2.4. Guidelines and activity plans

2.4.1. Guidelines

After consulting the EURES High Level Strategy group, the EURES Coordination Office shall every three years adopt Guidelines for the activities of EURES covering the following three-year period, starting with the first Guidelines within six months after the adoption of this Charter.

The Guidelines shall describe the overall operational objectives for the time period concerned and shall include the conditions for any financial assistance the European Community may provide.

2.4.2. Activity plans

Every three years the EURES members shall submit their Activity Plans for the coming three year period.

The Activity Plans shall be based on the Guidelines and shall contain:

- the elements provided for in Article 9 of the Decision,

- a description and assessment of the strategic development needed to implement the Guidelines for the whole period covered by the Guidelines.

Where relevant, the elements mentioned above should also cover their cooperation with the EURES partners.

2.4.3. Specific rules on crossborder activities

As provided for in the Decision, Article 8(2)(a)(ii), the EURES members and partners shall jointly develop crossborder cooperation, which should be organised in the framework of EURES crossborder partnerships. The main tasks of a crossborder partnership are:

- to provide and exchange information and advice on vacancies and job applications as well as on living and working conditions and other relevant information related to the labour markets in the crossborder region,

- to contribute to the development of this flow of information by direct and regular contacts between the EURES advisers in the region,

- to draw up and maintain an inventory of vocational training opportunities in the region concerned and to contribute to the further development of such training opportunities,

- to contribute to and develop projects aimed at improving the labour market in the crossborder regions, including cooperation with other relevant programmes.

2.4.3.1. Organisation of EURES crossborder partnerships

A crossborder partnership comprises the Public Employment Services of all the regions involved, together with trades union and employer organisations, as designated by the EURES members, within the framework of the relevant national rules and practices.

Other partners can include:

- regional and local authorities or associations of these,

- organisations dealing with vocational training,

- universities and institutes of higher education,

- other relevant actors on the crossborder labour market.

A new crossborder partnership may be established upon the initiative of one or several potential partners. The request to create such a partnership shall be submitted to the EURES Coordination Office, who after examining it jointly with the EURES members concerned, will decide on its recognition.

Crossborder partnerships shall be governed by a Framework agreement, by which the partners commit themselves to participate in the activities of the crossborder partnership and deliver the EURES services to their target-public in accordance with the provisions of the EURES Charter. The framework agreement, specifying the partnership's objectives, organisational structures and operational rules, shall have a minimum duration of three years and may be revised and renewed.

As foreseen in the Decision Article 9(2), the crossborder activities shall be included in the activity plans of the EURES members concerned. The crossborder partners and the EURES members concerned may agree to integrate the activities of the partnership entirely into the national activity of only one EURES member. The EURES member or members thus responsible for including the activities of the crossborder partnership in their respective national activity plans shall be identified in the Framework agreement.

The responsible EURES member or members shall submit the planned activities of the crossborder partnership to the EURES Coordination Office as part of their national activity plan and thereby signal their endorsement of these activities.

The EURES member or members responsible for the crossborder partnership shall be accountable to the Commission for the management of any Community funds allocated for the implementation of crossborder activities. The EURES members shall see to it that adequate procedures are in place to acquit these responsibilities.

2.4.3.2. Crossborder Steering Committee and Coordinator

All partnerships shall create a Steering Committee in which the participating organisations are represented. It is the principal decision-making body of the partnership, which ensures the overall cohesion of the partnership and sets out its strategy in accordance with the EURES guidelines. In particular, it

- submits its proposals for activities to be included in the activity plans of the relevant EURES members, accompanied by an estimation of the budgetary means required to undertake these activities,

- ensures an effective monitoring and evaluation of activities, including their financing, and carries out regular assessments of the results.

The President of the Steering Committee must be a representative of one of the organisations that has signed the Framework agreement and should be chosen by consensus or otherwise by simple majority. The President chairs the meetings of the Steering Committee and acts as the representative of the partnership.

The Steering Committee and the EURES member concerned shall jointly appoint a Coordinator who ensures the proper functioning of the partnership, in particular by:

- developing proposals for activities in line with the EURES Guidelines,

- preparing the meetings of the Steering Committee and contributing to the implementation of the decisions taken by the Steering Committee,

- ensuring good communication with other crossborder partnerships, EURES members and the Commission,

- ensuring that the development of the partnership and its activities are monitored and regularly evaluated.

2.5. Promotion of the EURES network

It is crucial for the success of the EURES network that potential clients as well as persons active within the EURES members' and partners' organisations are fully aware of what the network can offer.

2.5.1. Communication strategy and plans

The EURES Coordination Office shall, together with the EURES members and partners, engage in an overall communication strategy, designed to ensure the consistency and cohesion of the network vis-à-vis its users.

The EURES members shall, in accordance with the overall strategy, develop their own promotion plans and include them in the respective national EURES activity plan.

The EURES partners will take part in information and promotion activities devised by the relevant EURES members and by the EURES Coordination Office.

EURES members and partners shall ensure that the information and promotional material they provide are coherent with the overall communication strategy and with the information coming from the EURES Coordination Office.

2.5.2. The EURES logo

The EURES service mark, as well as the logo characterising it, is the property of the Commission. EURES members and partners shall use the EURES logo in all their activities related to EURES.

Information presented under the EURES logo shall be in compliance with the policies and interests of the European Union and with the objectives of EURES.

Only the EURES Coordination Office may grant third parties a permission to use the EURES logo, and inform EURES members and partners concerned accordingly. EURES members and partners shall inform the EURES Coordination Office without delay of any abuse of the logo by third parties.

2.6. Principles for monitoring and evaluating EURES activities

With a view to improving the quality and effectiveness of EURES services provided, EURES members and partners commit themselves to monitor and evaluate all EURES activities within their responsibility in terms of quantity, quality and impact.

EURES members and partners shall regularly provide the EURES Coordination Office with figures on the number of vacancies, job applications handled and the number of placements, according to common reporting models established within the network. They shall also provide figures on the number of customers seeking other types of advice. This includes information about the use of personalised services as well as of IT tools.

All activities and projects by the EURES members and partners shall include a clear definition of objectives and indicators that enable an assessment as to whether the objectives were achieved in accordance with the EURES guidelines. These objectives and indicators shall be used in the regular reports submitted to the EURES Coordination Office.

The activity plans of each EURES member shall include an overall evaluation of the state of EURES in that country, including an evaluation of the quality of the EURES services, the customer satisfaction and an impact assessment.

The EURES Coordination Office will initiate an external evaluation of the operation of EURES at least once every three years following the adoption of the Commission Decision.

In addition, the EURES Coordination Office shall, at least once per three years period undertake a bilateral review with the EURES members in order to monitor and discuss the development of the EURES activities in the country in question and to seek possibilities to further improve and facilitate the cooperation between the EURES Coordination Office and the EURES member.

PART III - UNIFORM SYSTEM AND COMMON MODELS FOR THE EXCHANGE OF INFORMATION

The systems and procedures for the exchange of information are essential for the functioning of the EURES network. Members and partners shall comply with the uniform system and common models for the exchange of labour market and mobility-related information that are established by the EURES Coordination Office in close cooperation with the members and partners

The uniform system describes the general framework for the data exchange, such as

- the nature of the information to be exchanged,

- the frequency of data exchange,

- means of providing accessibility to other members and partners.

The common models describe the contents and form in which each type of data is exchanged.

EURES members shall cooperate with other relevant services in their Member country to ensure complementarity and uniformity in respect of the information provided.

EURES members and partners shall collaborate with a view to develop tools and methodologies for the improvement of their services and information systems, inter alia by the use of new information technologies.

Done at Brussels, 4 April 2003.

For the EURES Coordination Office

Odile Quintin

Director-General

(1) OJ L 5, 10.1.2003, p. 16.