OPINION OF THE COMMISSION pursuant to Article 251(2)(c) of the EC Treaty on the European Parliament's amendments to the Council's common position regarding the proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL ON COMMUNITY INCENTIVE MEASURES IN THE FIELD OF EMPLOYMENT [AMENDING THE PROPOSAL OF THE COMMISSION pursuant to Article 250 (2) of the EC Treaty]

2000/0195 (COD)

OPINION OF THE COMMISSION pursuant to Article 251(2)(c) of the EC Treaty on the European Parliament's amendments to the Council's common position regarding the proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL ON COMMUNITY INCENTIVE MEASURES IN THE FIELD OF EMPLOYMENT

1. Background

The Commission sent the above proposal for a Decision based on Article 129 of the Treaty to the Parliament and the Council on 20 July 2000.

The Committee of the Regions gave its Opinion on 13 December 2000.

The Economic and Social Committee gave its Opinion on 28 February 2001.

The European Parliament adopted an Opinion on First Reading on 14 February 2001.

The Commission accepted 12 amendments proposed by the Parliament. It presented an amended proposal on 27 February 2001.

The Council adopted its Common Position unanimously on 25 June 2001. The Commission maintained its proposal in respect of the key points at issue.

On 23 October 2001, at its second reading, the European Parliament adopted 14 amendments to the Council Common Position.

This opinion sets out the Commission's position on the European Parliament's amendments in accordance with Article 251 (2), subparagraph 3, letter (c) of the EC Treaty.

2. Aim of Commission proposal

This proposal gives effect to Article 129 of the Treaty. It provides the legal basis for expenditure which arises in implementing the provisions of that Article, and allows for the development and deepening of the European Employment Strategy in accordance with the conclusions of the Lisbon European Council. That strategy is focused on enabling the Union to establish the conditions for full employment and for more and better jobs. It includes guidelines defined at European level and National Action Plans implemented by the member States.

Within that broad context, this proposal for a Decision on Community incentive measures in the field of employment aims primarily at fostering co-operation between Member States in analysis, research and monitoring of labour market policies. Such co-operation will be informed by the growth of the knowledge-based economy, the need to identify best practices, to promote exchanges and transfers of information and experiences and to put in place an active information policy for these purposes.

3. Commission's Opinion on the amendments proposed by the Parliament

3.1. Summary of the Commission's position

The Commission can accept nine amendments, four in full and five in spirit.

The Commission cannot accept five of the amendments adopted by the Parliament.

3.2. Parliament's amendments on second reading

3.2.1. Amendments accepted

3.2.1.1. Amendment 1 (Article 3(1)(g))

This provides that the implementation of an active and transparent information policy on the European Employment Strategy will take into account the requirements of European citizens.

3.2.1.2. Amendment 2 (Article 4(1)(b))

This amendment provides that support for evaluation of National Action Plans for Employment will include assessment of how social partners and local and regional authorities may be more fully involved in their implementation.

3.2.1.3. Amendment 3 (Article 4(1)(c))

This amendment indicates that evaluation of the effects of the European Employment Strategy will include assessment of the methodology which it uses.

3.2.1.4. Amendment 14 (Article 12(3)(new))

This specifies that the Commission may have recourse to technical and/or administrative assistance, as well as to support expenditure, to effectively implement the activities which comprise this programme of incentive measures.

3.2.2. Amendments accepted in principle

3.2.2.1. Amendment 4 (Article 4(2))

This provides that activities to be undertaken will have special regard to the plight of persons on the labour market who experience a combination of disadvantages in their efforts to access employment. The aspect of the amendment requiring studies to be undertaken on support services for those responsible for children is not acceptable, as this is undertaken elsewhere.

3.2.2.2. Amendment 5 (Article 4(4)(new))

This amendment underlines the importance of activities relating to awareness, co-operation and experience exchanges in the context of implementing the European Employment Strategy. The element requiring the designation of budgetary resources for undertaking pilot projects is not acceptable, as this is outside the scope of the programme. Moreover, funding of such projects is already provided for in other Community instruments.

3.2.2.3. Amendment 6 (Article 5(1a) (new))

The purpose of this amendment is to provide for specific information measures to further profile the European Employment Strategy and gender equality issues affecting labour market access. These objectives are comprehended by the acceptance of amendment 1.

3.2.2.4. Amendment 7 (Article 5 last paragraph (new))

This requires that the nature and scope of the outputs of this programme of incentive measures satisfy the public's need for information and transparency. This is also comprehended by the acceptance of amendment 1.

3.2.2.5. Amendment 8 (Article 6)

This requires consistency with other programmes, and is acceptable in that respect. However, a general reference to ensuring such consistency is more appropriate than seeking to exhaustively specify those other programmes involved. How consistency is ensured is the Commission's responsibility.

3.2.3. Amendments not accepted

3.2.3.1. Amendment 9 (Article 8)

This requires an advisory committee to oversee the programme. While such a committee was proposed by the Commission, it is now persuaded by the case which has been made for a combination of an advisory and management committee procedure, as provided for in the Common Position text.

3.2.3.2. Amendment 10 (Article 9)

Consistent with the above position, the Commission rejects this amendment which seeks deletion of the Article providing for a combination of an advisory and management committee procedure.

3.2.3.3. Amendment 11 (Article 10)

This requires that annual plans of activities to be undertaken should set out the nature and scope of co-operation with other Community programmes and with decentralised agencies. The consistency of this programme with other Community instruments and policies is provided for elsewhere in this decision. How this is to be achieved is the Commission's responsibility.

3.2.3.4. Amendment 12 (Article 11)

This amendment seeks to specify the relationships and linkages which should exist between committees and with the social partners, and so is in conflict with institutional rules in force.

3.2.3.5 Amendment 13 (Article 12(1)

This amendment provides for a budget of EUR65 million, as against the EUR55 million proposed by the Commission and which is considered to be sufficient.

3.3. Amended proposal

Pursuant to article 250 (2) of the EC Treaty, the Commission amends its proposal as set out above.