P8_TC1-COD(2018)0206

Position of the European Parliament adopted at first reading on 4 April 2019 with a view to the adoption of Regulation (EU) …/… of the European Parliament and of the Council on the European Social Fund Plus (ESF+)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 46(d), Article 149, Article 153(2)(a), Article 164, Article 168(5), Article 175(3) and Article 349 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee (1),

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the ordinary legislative procedure (3),

Whereas:

(-1) Pursuant to Article 3 of the Treaty on the European Union (TEU), in establishing an internal market the Union is working for a highly competitive social market economy, aiming at full employment and social progress; promoting equality between women and men, solidarity between generations and protection of the rights of the child; as well as combating social exclusion and discrimination. In accordance with Article 9 of the Treaty on the Functioning of the European Union (TFEU), in defining and implementing its policies and activities, the Union is to take into account requirements linked to, inter alia, the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health. [Am. 1]

(1) On 17 November 2017, the European Pillar of Social Rights was jointly proclaimed by the European Parliament, the Council and the Commission as a response to social challenges in Europe. The twenty key principles of the pillar are structured around three categories: equal opportunities and access to the labour market; fair working conditions; social protection and inclusion. The twenty principles of the European Pillar of Social Rights should guide the actions under the European Social Fund Plus (ESF+). In order to contribute to the implementation of the European Pillar of Social Rights the ESF+ should support investments in people and systems in the policy areas of employment, public services, health, education and social inclusion, thereby supporting economic, territorial and social cohesion in accordance with Article Articles 174 and 175 TFEU. All actions under the ESF+ should respect the Charter of Fundamental Rights of the European Union (the Charter), the European Convention for the Protection of Human Rights and Fundamental Freedoms and have regard to the UN Convention on the Rights of Persons with Disabilities to which the European Union and all its Member States are parties. [Am. 2]

(2) At Union level, the European Semester of economic policy coordination is the framework to identify national reform priorities and monitor their implementation. Member States develop their own national multiannual investment strategies in support of those reform priorities. Those strategies should be developed in partnership between national, regional and local authorities, include a gender perspective and presented alongside the yearly National Reform Programmes as a way to outline and coordinate priority investment projects to be supported by national and/or Union funding. They should also serve to use Union funding in a coherent manner and to maximise the added value of the financial support to be received notably from the programmes supported by the Union under the European Regional Development Fund, the Cohesion Fund, the European Social Fund Plus, the European Maritime and Fisheries Fund and the European Agricultural Fund for Rural Development, the European Investment Stabilisation Function and InvestEU, where relevant. [Am. 3]

(3) The Guidelines for the employment policies of the Member States adopted by the Council in accordance with Article 148(2) TFEU, namely: boosting the demand for labour; enhancing labour supply: access to employment, skills and competences; enhancing the functioning of labour markets and the effectiveness of social dialogue and promoting equal opportunities for all, fostering social inclusion and combatting poverty, including improved public services in the health and other sectors, together with the broad economic guidelines adopted in accordance with Article 121(2) TFEU form part of the Integrated Guidelines underpinning the Europe 2020 Strategy. The Council of […] adopted revised guidelines for the employment policies of the Member States to align the text them with the principles of the European Pillar of Social Rights, with a view to stimulate creation of jobs and foster social cohesion, thus improving Europe's competitiveness and making it the Union a better place to invest, create jobs and foster social cohesion. In order to ensure the full alignment of the ESF+ with the objectives of these the Guidelines, particularly as regards for the employment, education, training and the fight against social exclusion, poverty and discrimination, the ESF+ should support policies, Member States should plan support under the ESF+ relevant to them , taking account of the relevant Integrated those Guidelines, and as well as of relevant country-specific recommendations adopted in accordance with Article 121(2) TFEU and Article 148(4) and Article 121(2) TFEU and, where appropriate, at national level, the employment and social aspects of the national reform programmes underpinned by national strategies. The ESF+ should also contribute to relevant aspects of the implementation of key Union initiatives and activities, in particular the ‘Skills Agenda for Europe’ and the European Education Area, the Youth Guarantee and other relevant Council Recommendations and other initiatives such as the Youth Guarantee Investing in children: breaking the cycle of disadvantage , the Upskilling Pathways and on Integration of the long-term unemployed , a Quality Framework for Traineeships and Apprenticeships and the Action Plan on the integration of third-country nationals . [Am. 4]

(4) On 20 June 2017, the Council endorsed the Union response to the ‘UN 2030 Agenda for Sustainable Development’ — a sustainable European future. The Council underlined the importance of achieving sustainable development across the three dimensions (economic, social and environmental), in a balanced and integrated way. It is vital that sustainable development is mainstreamed into all Union internal and external policy areas, and that the Union is ambitious in the policies it uses to address global challenges. The Council welcomed the Commission Communication on ‘Next steps for a sustainable European future’ of 22 November 2016 as a first step in mainstreaming the Sustainable Development Goals and applying sustainable development as an essential guiding principle for all Union policies, including through its financing instruments. The ESF+ should contribute to implementing the Sustainable Development Goals by, inter alia, eradicating extreme forms of poverty (goal 1); promoting quality and inclusive education (goal 4); promoting gender equality (goal 5); promoting sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all (goal 8); and reducing inequality (goal 10). [Am. 5]

(4a) The Union and its Member States, having in mind the European Social Charter signed at Turin on 18 October 1961, should have in their objectives the promotion of employment, improved living and working conditions, with a view to lasting high levels of employment and combating exclusion, in accordance with Article 151 TFEU. [Am. 6]

(4b) European society continues to face a range of social challenges. Over 100 million people are at risk of poverty and social exclusion, the youth unemployment rate is still over double the general unemployment rate and there is a need for better integration of third-country nationals. Those challenges not only threaten the well-being of the persons directly concerned, but also place economic and social pressure on European society as a whole. [Am. 7]

(5) The Union is confronted with structural challenges arising from economic globalisation, social inequalities, the management of migration flows and the increased security threat and related integration challenges , clean energy transition, technological change , demographic decline, unemployment in general and youth unemployment and an increasingly ageing society and workforce and growing skills shortages and labour shortages in some sectors and regions, experienced especially by SMEs. Taking into account the changing realities of the world of work, the Union should be prepared for the current and future challenges by investing in relevant skills, education, training and lifelong learning making growth more inclusive and by improving competences and knowledge, employment and social policies, including in view of labour mobility of Union citizens and addressing increasing health inequalities between and within Member States . [Am. 8]

(6) Regulation (EU) No […] establishes the framework for action by the European Regional Development Fund (ERDF), the European Social Fund Plus (ESF+), the Cohesion Fund, the European Maritime and Fisheries Fund (EMFF), the Asylum and Migration Fund (AMIF), Internal Security Fund (ISF) and the Border Management and Visa Instrument (BMVI) as a part of the Integrated Border Management Fund (IBMF), and lays down, in particular, the policy objectives and the rules concerning programming, monitoring and evaluation, management and control for Union funds implemented under shared management. It is therefore necessary to specify the general objectives of the ESF+ and its coordination with other funds , and to lay down specific provisions concerning the type of activities that may be financed by the ESF+. [Am. 9]

(7) Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (4) (the ‘Financial Regulation’) lays down rules on the implementation of the Union budget, including the rules on grants, prizes, procurement, indirect implementation, financial assistance, financial instruments and budgetary guarantees and synergies between financial instruments . In order to ensure coherence in the implementation of Union funding programmes, the Financial Regulation is to apply to the actions to be implemented in direct or indirect management under the ESF+. This Regulation should specify the operational objectives and lay down the specific provisions concerning the eligible actions that may be financed by the ESF+ under direct and indirect management. [Am. 10]

(8) The types of financing and the methods of implementation under this Regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver results, taking into account, in particular, the costs of controls, the administrative burden, and the expected risk of non-compliance. For grants, this should include consideration of the use of lump sums, flat rates and unit costs, as well as financing not linked to costs as envisaged in Article 125(1) of the Financial Regulation. To implement measures linked to the socio-economic integration inclusion of third country nationals, and in accordance with [Article 88] of the Common Provisions Regulation (the ‘new CPR’), the Commission may reimburse Member States using simplified cost options including the use of lump sums. [Am. 11]

(9) In order to streamline and simplify the funding landscape and create additional opportunities for synergies through integrated funding approaches, the actions which were supported by the Fund for European Aid to the Most Deprived (‘FEAD’), the European Union Programme for Employment and Social Innovation and the Programme for the Union's action in the field of health should be integrated into one ESF+. The ESF+ should therefore include three strands: the ESF+ strand under shared management, the Employment and Social Innovation strand, and the Health strand under direct and indirect management . This should contribute to reducing the administrative burden linked to the management of different funds, in particular for Member States and beneficiaries , whilst maintaining simpler rules for simpler operations such as the distribution of food and/or basic material assistance. [Am. 12]

(10) The Union should contribute to the employment policies of the Member States by encouraging cooperation and by complementing their actions. In view of this wider scope of the ESF+ it is appropriate to foresee that the aims to enhance the effectiveness of inclusive, open and fair labour markets for all genders and promote access to quality employment, to improve the access to and the quality of education and training , to aid reintegration into education systems and to promote lifelong learning, as well as to promote social inclusion and health and to reduce eradicate poverty are not only will continue to be implemented mainly under shared management, but also and where appropriate, complemented under direct and indirect management under the Employment and Social Innovation and Health strands for actions required at Union level. [Am. 13]

(11) The integration of the Programme for the Union's action in the field of health with the ESF+ will also create synergies between the developments and testing of initiatives and policies to improve the effectiveness, accessibility, resilience and sustainability of health systems developed by the Health strand of the ESF+ Programme and their implementation in the Member States at national, regional and local level by the tools provided by the other strands of the ESF+ Regulation. [Am. 14]

(12) This Regulation lays down a financial envelope for the ESF+. Parts of this financial envelope should be used It should specify the allocations for activities to be implemented under shared management and the allocations for actions to be implemented in direct and indirect management under the Employment and Social Innovation and Health strands. [Am. 15]

(13) The ESF+ , in close cooperation with the Member States, should aim to promote employment through active interventions enabling (re)integration the integration and re-integration into the labour market, notably for youth, the long-term unemployed, carers, the economically inactive and disadvantaged groups, and the inactive, as well as through promoting self–employment, entrepreneurship, and the social economy. The ESF+ should aim to improve employment policies and the functioning of labour markets by supporting the modernisation of labour market institutions such as the Public Employment Services in order to improve their capacity to provide intensified targeted and personalised, where suitable, counselling and guidance during the job search and the transition to employment , with special attention to disadvantaged groups and to enhance facilitate workers’ mobility , and to deliver their service in a non-discriminatory manner . The ESF+ should promote women’s participation in the labour market through measures aiming to ensure, amongst others, improved work/life balance and easy access to affordable or free quality childcare , eldercare and other care services or support of high quality . The ESF + should also aim to provide a safe, healthy and well-adapted working environment in order to respond to health risks related to work as well as to changing forms of work and the needs of the ageing workforce. The ESF+ should also support measures aimed to facilitate the transition of young people from education to employment. [Am. 16]

(13a) With a view to supporting and unlocking the job creation potential in the social economy, the ESF+ should contribute to improving the integration of social economy enterprises in national employment and social innovation plans, and in their National Reform Programmes. The definition of a social economy enterprise should follow the definitions given in the Member States’ social economy law and in the Council Conclusions of 7 December 2015 on the promotion of the social economy as a key driver of economic and social development in Europe. [Am. 17]

(14) Given that the ESF+ is the main Union instrument focusing on employment, skills and social inclusion it is essential that it is able to contribute to social, economic, and territorial cohesion in all parts of the Union. To that end it should provide support to improving the quality , non-discriminatory nature, accessibility, inclusiveness , effectiveness and labour market relevance of education and training systems in order to facilitate the acquisition of key competences notably as regards language skills, entrepreneurial and digital skills , including data protection and information governance skills, digital skills which all individuals need for personal fulfilment and development, employment, social inclusion and active citizenship . In case of the long-term unemployed and people coming from a disadvantaged social background, special attention should be paid to empower them . The ESF+ should help progression within education and training and transition to work and reintegration to work, support lifelong learning and employability of all , and contribute to inclusiveness, competitiveness , the reduction of horizontal and vertical segregation, and societal and economic innovation by supporting scalable and sustainable initiatives in these fields. This could be achieved for example through i nvestments in vocational education, work-based learning and apprenticeships, focusing in particular on the proven dual system combining teaching and work experience, lifelong guidance, skills anticipation in cooperation with industry the social partners , up-to-date training materials, forecasting and graduate tracking, training of educators, support for informal and non-formal learning, validation of learning outcomes and recognition of qualifications. The ESF+ should also promote access to the teaching profession by minorities, aiming at a better integration of marginalised communities, such as the Roma, minorities and migrants. [Am. 18]

(14a) The ESF+ should provide support to measures included in Member States' national plans aiming to eradicate energy poverty and to promote energy efficiency in buildings among vulnerable households, including those affected by energy poverty and, where appropriate, in social housing, in line with the Commission Communication entitled ‘The European Platform against Poverty and Social Exclusion: A European framework for social and territorial cohesion’ and in accordance with Regulation (EU) 2018/1999 of the European Parliament and Council (5) and Directive (EU) 2018/2002 of the European Parliament and Council (6) . [Am. 19]

(14b) In the future the allocation of ESF+ funding to Member States should be made contingent on provision of proof of effective involvement in projects to introduce or enhance, in the context of the Youth Guarantee, the dual system combining teaching and work experience. [Am. 20]

(15) Support through the ESF+ should be used to promote equal access for all, in particular for disadvantaged groups, to quality, non-segregated and inclusive education and training, from early childhood education and care , paying special attention to children coming from a disadvantaged social background, such as children in institutional care and children experiencing homelessness, through general and vocational education and training and to tertiary level and re-integration into the education system , as well as adult education and learning, thereby preventing the transmission of poverty through generations, fostering permeability between education and training sectors, reducing and preventing early school leaving and social exclusion , improving health literacy, reinforcing links with non-formal and informal learning and facilitating learning mobility for all. Those forms of informal learning should not replace access to regular education, particularly pre-school and primary education. Synergies , complementarity and policy coherence with the Erasmus programme, notably to facilitate the participation of should be established in this context in order to properly and actively reach out and to prepare disadvantaged learners for mobility experiences abroad and increase their participation in cross-border in learning mobility. , should be supported within this context. [Am. 21]

(15a) Support under the investment priority ‘community-led local development’ contributes to the objectives as set out in this Regulation. Community-led local development strategies supported by the ESF+ should be inclusive with regard to disadvantaged people present on the territory, both in terms of governance of local action groups and in terms of content of the strategy. The ESF should be able to support community-led local development strategies in urban and rural areas, as well as integrated territorial investments. [Am. 22]

(15b) The added value of the Union cohesion policy lies particularly in the place-based territorial dimension approach, the multilevel governance, the multiannual planning and shared and measurable objectives, the integrated development approach and the convergence towards European standards in administrative capabilities. [Am. 23]

(15c) The Commission and the Member States should ensure that gender equality and the integration of the gender perspective is a binding principle in all phases of programming, from shaping the priorities of the operational programmes to the implementation, monitoring and evaluation, and that key actions for gender mainstreaming receive support. [Am. 24]

(15d) The ESF+ should support educational schemes that offer adults with a low level of skills the possibility to acquire a minimum level of literacy, numeracy and digital competence in line with the Council Recommendation of 19 December 2016 on Upskilling Pathways: New Opportunities for Adults (7) . [Am. 25]

(16) The ESF+ should promote flexible upskilling and reskilling opportunities for all , taking into consideration the challenges of different disadvantaged groups , notably entrepreneurial and digital skills and key enabling technologies, with a view to providing people and local communities with skills , competences and knowledge adjusted to digitalisation, technological change, innovation and social and economic change, such as the ones induced by the transition to a low carbon economy, facilitating career transitions he transition from education to employment, mobility and supporting in particular, low-skilled , persons with disabilities and/or poorly qualified adults, in line with the Skills Agenda for Europe and in coordination and complementarity with the Digital Europe Programme . [Am. 26]

(17) Synergies with the Horizon Europe programme should ensure that the ESF+ can mainstream and scale up innovative curricula supported by Horizon Europe in order to equip people with the skills and competences needed for their personal and professional development and for the jobs of the future and to address current and future societal challenges . The Commission should ensure synergies between the Health Strand and the Horizon Europe programme in order to boost the results achieved in the area of health protection and diseases prevention. [Am. 27]

(17a) Synergies with the Rights and Values programme should ensure that ESF+ can mainstream and scale up actions to prevent and combat discrimination, racism, xenophobia, anti-semitism, islamophobia and other forms of intolerance, as well as devoting specific actions to prevent hatred, segregation and stigmatisation, including bullying, harassment and intolerant treatment. [Am. 28]

(17b) The synergies created thanks to European territorial cooperation at regional and cross-border levels have also resulted in cooperation projects to improve employment, inclusion of the most vulnerable sections of the population, demographic challenges, health and education, not only in the Union but also with countries in the pre-accession phase and in neighbouring countries, where Union cooperation provides added value. The ESF+ should improve funding for projects of this type and ensure the transfer of knowledge between them and the legislative process to improve the European regulatory framework and promote the sharing of good practices between the territories of the Union. [Am. 29]

(18) The ESF+ should support Member States’ efforts at all levels of government, including at regional and local level, to eradicate to tackle poverty , including energy poverty as provided for in Regulation (EU) 2018/1999, with a view to breaking the cycle of disadvantage across generations and promote social inclusion by ensuring equal opportunities for all, tackling reducing barriers, fighting discrimination and addressing social and health inequalities. This implies also, but is not limited to, mobilising a range of pro-active and reactive policies and strategies targeting the most disadvantaged people regardless of their age, including children, marginalised communities such as the Roma, persons with disabilities, people experiencing homelessness, third-country nationals, including migrants and the working poor. The ESF+ should promote the active inclusion of people far from the labour market with a view to ensuring their socio-economic integration , including through targeted support to the social economy . Member States should promote ESF+ actions that complement national measures in line with the Commission Recommendation of 3 October 2008 on the active inclusion of people excluded from the labour market (8) including measures on adequate income support. The ESF+ should be also used to enhance timely and equal access to affordable, sustainable and high quality services such as person-centred healthcare , related care and long-term care, in particular family and community-based care services and services guiding access to adequate, social and affordable housing services . This includes health promotion and diseases prevention services as part of primary healthcare services. The ESF+ should contribute to the modernisation of social protection systems with a view in particular to promoting their accessibility , inclusiveness, and effectiveness in responding to the changing realities of world of work. The ESF+ should also address rural poverty stemming from the specific disadvantages of rural areas, such as an unfavourable demographic situation, a weak labour market, limited access to education and training services, or healthcare and social services. [Am. 30]

(19) The ESF+ should contribute to the reduction of poverty eradication by supporting national schemes aiming to alleviate food and material deprivation and promote social integration of people experiencing or at risk of poverty or social exclusion and the most deprived. With a view that at Union level at least 4 % of the resources of the ESF+ strand under shared management supports the most deprived, Member States should allocate at least 2 % 3 % of their national resources of the ESF+ strand under shared management to address combat the forms of extreme poverty with the greatest social exclusion impact, such as homelessness, child poverty, old-age poverty and food deprivation. Due to the nature of the operations and the type of end recipients, it is necessary that simpler the simplest possible rules apply to support which addresses material deprivation of the most deprived. [Am. 31]

(19a) ESF+ should aim to address the poverty among elderly women across the Union, taking into account that the gender pension gap, standing at 40 %, constitutes an acute risk for worsening levels of poverty among older women, especially those living without a partner, thus following up on the commitments made in the 2015 ‘Council conclusions on equal income opportunities for women and men: closing the gender gap in pensions’ (9) . Poverty among elder women is also exacerbated by the rising out-of-pocket costs for health care and medicines that have to be borne by the elderly patients, especially women who spend a larger proportion of their lifespan in ill health than men mostly due to longer life expectancy. [Am. 32]

(19b) In order to eradicate poverty and ensure greater social inclusion, the ESF+ should promote the active participation of specialised NGOs and organisations representing people living in poverty both in the preparation and in the implementation of the programmes dedicated to this. [Am. 33]

(20) In light of the persistent need to enhance efforts to address the management of the migration flows in the Union as a whole and in order to ensure a coherent, strong and consistent support to the solidarity and fair responsibility-sharing efforts, the ESF+ should provide support to promote the socio-economic integration of third country nationals , including migrants, which may include initiatives at local level, complementary to the actions financed under the Asylum and Migration Fund , the European Regional Development Fund and those funds which can have a positive effect on the inclusion of third-country nationals. [Am. 34]

(20a) The authorities of the Member States responsible for planning and implementing the ESF+ should coordinate with the authorities designated by Member States to manage the interventions of the Asylum and Migration Fund in order to promote the integration of third-country nationals at all levels in the best possible way through strategies implemented mainly by local and regional authorities and non-governmental organisations and by the most appropriate measures tailored to the particular situation of the third-country nationals. The scope of the integration measures should focus on third-country nationals legally residing in a Member State or where appropriate in the process of acquiring legal residence in a Member State, including beneficiaries of international protection. [Am. 35]

(21) The ESF+ should support policy and system reforms in the fields of employment, social inclusion, poverty eradication, healthcare and long-term care, and education and training. In order to strengthen alignment with the European Semester Member States should allocate an appropriate amount of their resources of the ESF+ strand under shared management to implement relevant country-specific recommendations relating to structural challenges, which it is appropriate to address through multiannual investments falling within the scope of the ESF+. The Commission and the Member States should involve local and regional authorities to ensure coherence, coordination and complementarity between the shared-management and Health strands of ESF+ and the Reform Support Programme, including the Reform Delivery Tool and the Technical Support Instrument. In particular, the Commission and the Member State should ensure, in all stages of the process, effective coordination in order to safeguard the consistency, coherence, complementarity and synergy among sources of funding, including technical assistance thereof , taking into account principles and rights set out in the European Pillar of Social Rights, the Social Scoreboard under the European Semester, the ILO Decent Work Agenda, and regional specificities, thereby contributing to the goals of the Union set out in Article 174 TFEU as regards to strengthening economic, social and territorial cohesion . [Am. 36]

(21a) Given the diversity of the level of development in the regions and different social realities across the Union, the degree of flexibility of the ESF+ should be sufficient to take the regional and territorial specificities into account. [Am. 37]

(22) To ensure that the social dimension of Europe as set out in the European Pillar of Social Rights is duly put forward and that a minimum amount of resources is targeting those most in need Member States should allocate at least 25 % 27 % of their national ESF+ resources of the ESF+ strand under shared management to fostering social inclusion and poverty eradication. That percentage should be complementary to the national resources to address extreme poverty. [Am. 38]

(22a) All Member States have ratified the UN Convention on the Rights of the Child (UNCRC), which constitutes the standard in the promotion and protection of the rights of the child. The promotion of children’s rights is an explicit objective of Union policies (Article 3 of the Lisbon Treaty), and the Charter requires the best interests of the child to be a primary consideration in all Union action. The Union and Member States should make appropriate use of the ESF+ to break the cycle of disadvantage for children living in poverty and social exclusion, as defined in the 2013 Commission Recommendation Investing in children. The ESF+ should support actions promoting effective interventions that contribute to the realisation of children’s rights. [Am. 39]

(22b) In light of the persistently high level of child poverty and social exclusion in the Union (26,4 % in 2017), and the European Pillar of Social Rights which states that children have the right to protection from poverty, and children from disadvantaged backgrounds have the rights to specific measures to enhance equal opportunities, Member States should allocate at least 5 % of ESF+ resources under shared management to the European Child Guarantee scheme in order to contribute to children’s equal access to free healthcare, free education, free childcare, decent housing and adequate nutrition for the eradication of child poverty and social exclusion. Investing early in children yields significant returns for these children and society as a whole and is crucial to break the cycle of disadvantage in early years. Supporting children to develop skills and capabilities enables them to develop their full potential, brings them the best educational and health outcomes, and helps them to become active members of society and to increase their chances on the labour market as young people. [Am. 40]

(23) In the light of persistently high levels of youth unemployment and inactivity in a number of Member States and regions, in particular affecting young people who are neither in employment, nor in education or training (NEETs), which levels are even higher in case of young people coming from a disadvantaged social background , it is necessary that those Member States continue to invest sufficient adequate resources of the ESF+ strand under shared management towards actions to promote youth employment, including in particular through the implementation of Youth Guarantee schemes. Building on the actions supported by the Youth Employment Initiative in the 2014-2020 programming period targeting individual persons, Member States should further promote high-quality employment and education reintegration pathways and effective outreach measures for young people by prioritising, where relevant, long-term unemployed, inactive and disadvantaged young people , young people who are hardest to reach and young people in vulnerable situations, including through youth work. Member States should also invest in measures aimed at facilitating school-to-work transition as well as reforming and adapting employment services with a view to providing tailor-made support to young people and at delivering their service without discrimination of any kind . Member States concerned should therefore allocate at least 10 % 3 % of their national resources of the ESF+ strand under shared management to support policies in the field of youth employability , continued education, quality employment, apprenticeships and traineeships. Member States with a NEET rate above the Union average, or above 15 %, should allocate at least 15 % of their national resources of the ESF+ to support policies in this field, acting at the appropriate territorial level. [Am. 41]

(23a) Disparities are growing at subregional level, including in more prosperous regions where there are pockets of poverty. [Am. 42]

(23b) Given the extension of the scope of the ESF+, the extra tasks should be coupled with an increased budget in order to fulfil the goals of the Programme. More funding is needed to combat unemployment, in particular youth unemployment, poverty and for the support of professional development and training, especially in the digital workplace, in line with the principles set out in the European Pillar of Social Rights. [Am. 43]

(23c) EURES should be strengthened on a long-term basis, in particular through the comprehensive development of the internet platform and the active involvement of the Member States. Member States should use this existing model more effectively and publish details of all vacant jobs in the EURES system. [Am. 44]

(24) Member States and the Commission should ensure coordination and complementarity and exploit synergies between the actions supported by these funds the ESF+ and the other Union programmes and instruments such as the European Globalisation Adjustment Fund, the European Regional Development Fund, the European Maritime and Fisheries Fund, Erasmus, the Asylum and Migration Fund, Horizon Europe, the European Agricultural Fund for Rural Development, the Digital Europe Programme, InvestEU, Creative Europe or the European Solidarity Corps . [Am. 45]

(25) In accordance with Article Articles 349 and 174 TFEU and Article 2 of Protocol No 6 to the 1994 Act of Accession, the outermost regions, and the northern sparsely populated regions and islands are entitled to specific measures under common policies and EU programmes. Due to the permanent constraints Because they suffer from severe and permanent natural handicaps, these regions require need specific support. [Am. 46]

(25a) In accordance with Article 174 TFEU, the Member States and the Commission should ensure that the ESF+ contributes to the development and implementation of specific policies to address the constraints and difficulties experienced by regions that suffer from severe and permanent demographic handicaps, such as depopulated regions and sparsely populated regions. [Am. 47]

(26) Efficient and effective implementation of actions supported by the ESF+ depends on good governance and partnership between all actors at the relevant territorial levels Union institutions and local, regional and national authorities and the socio-economic actors, in particular the social partners and civil society. It is therefore essential that Member States, encourage the in partnership with regional and local authorities, ensure meaningful participation of social partners and civil society in the implementation organisations, equality bodies, national human rights institutions and other relevant or representative organisations in the programming and delivery of the ESF+ under shared management from shaping priorities for operational programmes to implementing, monitoring and evaluating the results and impact in line with the European code of conduct on partnership in the framework of the European Structural and Investment Funds established by Commission Delegated Regulation (EU) No 240/2014 (10) . Furthermore, for the sake of safeguarding non-discrimination and equal opportunities, equality bodies and national human rights institutions should also be involved in each stage. [Am. 48].

(26a) Good governance and partnership between managing authorities and the partners require the effective and efficient use of capacity building for stakeholders, to whom Member Stes should allocate an appropriate amount of ESF+ resources. As investment in institutional capacity and in the efficiency of public administration and public services at the national, regional and local levels with a view to reforms, better regulation and good governance, is no longer included as an operational objective of the ESF+ under shared management, but has been included in the Structural Support Reform Programme, it is necessary that the Commission and the Member States ensure effective coordination between the two instruments. [Am. 49]

(27) With a view to rendering policies more responsive to social change and to encourage and support innovative solutions , including at local level , support for social innovation and the social economy is crucial. In particular, testing and evaluating innovative solutions before scaling them up is instrumental in improving the efficiency of the policies and thus justifies specific support from the ESF+. [Am. 50]

(27a) With a view to fully tapping into the potential of cross-sectorial cooperation and to improving synergies and coherence with other policy fields to achieve its general objectives, the ESF+ should support innovative actions which use sport and physical activity and culture to drive social inclusion, fight youth unemployment, particularly for disadvantaged groups, improve social inclusion of marginalised groups and to promote good health and disease prevention. [Am. 51]

(28) The Member States and the Commission should ensure that ESF+ contributes to the promotion of equality between women and men in accordance with Article 8 TFEU to foster equality of treatment and opportunities between women and men in all areas, including regarding participation in the labour market, terms and conditions of employment and career progression. They The gender aspects should be taken into account in all programmes implemented, throughout their preparation, implementation, monitoring and evaluation. Moreover, the ESF+ should in particular comply with Article 21 of the Charter that stipulates that any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age, sexual orientation is prohibited; furthermore, any discrimination based on sex characteristics or gender identity and on grounds of nationality should also be prohibited. Member States and the Commission should also ensure that the ESF+ promotes equal opportunities for all, without discrimination in accordance with Article 10 TFEU and promotes the inclusion in society of persons with disabilities on equal basis with others and contributes to the implementation of the United Nations Convention on the Rights of Persons with Disabilities , with regard inter alia to education, work, employment and universal accessibility . These principles should be taken into account in all dimensions and in all stages of the preparation, monitoring, implementation and evaluation of programmes, in a timely and consistent manner while ensuring that specific actions are taken to promote gender equality and equal opportunities. The ESF+ should also promote the transition from residential/institutional care to family and community-based care, in particular for those who face multiple and intersectional discrimination. The ESF+ should not support any action that contributes to segregation or to social exclusion. Regulation (EU) …/… [the new CPR] provides that rules on eligibility of expenditure are to be in line with the Charter and established at national level, with certain exceptions for which it is necessary to lay down specific provisions with regard to the ESF+ strand under shared management. [Am. 52]

(28a) The use of regional indicators should be considered in order to allow subregional disparities to be better taken into account. [Am. 53]

(28b) The ESF+ should support the study of languages in fostering mutual understanding and in building an inclusive society, also through a wider adoption by the Member States of the toolkit for language support for refugees developed by the Council of Europe. [Am. 54]

(29) In order to reduce the administrative burden for the collection of data, Member States should, where such data , possibly disaggregated by sex, are available in registers, allow managing authorities to collect data from registers while respecting the protection of personal data in accordance to Regulation (EU) 2016/679 of the European Parliament and of the Council (11). It is advisable to incentivise the continuation of the electronic transmission of data as it helps reducing the administrative burden. [Am. 55]

(30) With regard to the processing of personal data within the framework of this Regulation, national data controllers should carry out their tasks for the purposes of this Regulation in accordance with Regulation (EU) 2016/679.

(31) Social experimentation is a small-scale project testing which allows gathering evidence on the feasibility of social innovations. It should be possible and encouraged for ideas to be tested at local level and for those that are feasible ideas to be pursued on a wider scale - where appropriate - or in transferred to other contexts in different regions or Member States with financial support from the ESF+, as well as from or in combination with other sources. [Am. 56]

(32) ESF+ lays down provisions intended to achieve freedom of movement for workers on a non-discriminatory basis by ensuring the close cooperation of the central public employment services of Member States, with one another and with the Commission and the social partners . The European network of employment services with the involvement of the social partners, should promote a better functioning of the labour markets by facilitating the cross-border mobility of workers and a greater transparency of information on the labour markets. The ESF+ scope also includes developing and supporting targeted mobility schemes with a view to filling vacancies where labour market shortcomings have been identified. The ESF + covers cross-border partnerships between regional public employment services and social partners and their activities to promote mobility, as well as transparency and integration of cross-border labour markets through information, advice and placement. In many border regions they play an important role in the development of a genuine European labour market. [Am. 57]

(33) Lack of access to finance for microenterprises, social economy and social economy enterprises is one of the main obstacles to business creation, especially among people furthest from the labour market. The ESF+ Regulation lays down provisions in order to create a market eco-system to increase the supply of and access to finance and support services for social economy enterprises , including in the cultural and creative sector, as well as to meet demand from those who need it most, and in particular the unemployed, women and vulnerable people disadvantaged groups who wish to start up or develop a microenterprise. This objective will also be addressed through financial instruments and budgetary guarantee under the social investment and skills policy window of the InvestEU Fund. [Am. 58]

(33a) The Commission should introduce at Union level a ‘European Social Economy Label’ for social and solidarity-based enterprises, based on clear criteria designed to highlight the specific characteristics of these enterprises and their social impact, increase their visibility, create incentives for investment and facilitate access to funding and to the single market for those willing to expand nationally or into other Member States, in a manner consistent with the different legal forms and frameworks in the sector and in the Member States. [Am. 59]

(34) Social investment market players, including philanthropic actors, can play a key role in achieving several ESF+ objectives, as they offer financing as well as innovative and complementary approaches to combatting social exclusion and poverty, reducing unemployment and contributing to the UN Sustainable Development Goals. Therefore, philanthropic actors such as foundations and donors should be involved, as appropriate and as long as they do not have a political or social agenda in conflict with Union ideals , in ESF+ actions in particular in those aimed at developing the social investment market ecosystem. [Am. 60]

(34a) Transnational cooperation has significant added value and should therefore be supported by all Member States with the exception of duly justified cases taking into account the principle of proportionality. It is also necessary to reinforce the Commission’s role in facilitating exchanges of experience and coordinating implementation of relevant initiatives. [Am. 61]

(35) In accordance with Article 168 TFEU, a high level of human health protection is to be ensured in the definition and implementation of all Union policies and activities. The Union is to complement and support national health policies, encourage cooperation between Member States and promote the coordination between their programmes, in full respect of the responsibilities of the Member States for the definition of their health policies and the organisation and delivery of health services and medical care.

(35a) The Commission should increase participation of Member States and underrepresented organisations by lowering as much as possible the barriers to participation, including the administrative burden of applying for and receiving funding. [Am. 62]

(35b) One of the main Union objectives is to strengthen health systems by supporting the digital transformation of health and patient care and developing a sustainable health information system as well as supporting national reforms to make health systems more effective, accessible and resilient. [Am. 63]

(36) Continued effort is required in order to meet the requirements set out in Article 168 TFEU. Keeping all people healthy and active longer in a non-discriminatory way and empowering them to take an active role in managing their health will have positive effects on health, health inequalities, quality of life, productivity, competitiveness and inclusiveness, while reducing pressures on national budgets. Support for, and recognition of, innovation, including social innovation, which has an impact on health, helps in order to take up the challenge of sustainability in the health sector in the context of addressing the challenges of demographic change. Moreover, action to reduce inequalities in health is important for the purposes of achieving ‘inclusive growth’. The Commission has been committed to help Member States to reach their sustainable development goals (SDG), in particular SDG 3 ‘Ensure healthy lives and promote well-being for all at all ages’ (12). [Am. 64]

(36a) According to the definition of the World Health Organisation (WHO), ‘Health is a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity’. In order to improve the health of the population in the Union, it is essential not to focus only on physical health and social well-being. According to the WHO, mental health problems account for almost 40 % of years lived with disability. Mental health problems are also wide-ranging, long-lasting and a source of discrimination, and contribute significantly to inequality in health. Moreover, the economic crisis affects factors determining mental health, as protective factors are weakened and risk factors increased. [Am. 65]

(37) Evidence and the common values and principles in European Union Health Systems as set out in the Council Conclusions of 2 June 2006 should support the decision-making processes for planning and managing innovative, efficient and resilient health systems, promoting tools for ensuring universal access to quality person-centred healthcare and related care , and the voluntary wider scale implementation of best practices. This includes health promotion and disease prevention services as part of primary healthcare services. [Am. 66]

(37a) The previous programmes of Union action in the field of public health (2003-2008) and in the field of health (2008-2013 and 2014-2020), established respectively by Decisions No 1786/2002/EC (13) and 1350/2007/EC (14) of the European Parliament and of the Council and Regulation (EU) No 282/2014 of the European Parliament and of the Council (15) (‘the previous health programmes’), have been positively assessed as resulting in a number of important developments and improvements. The Health strand of the ESF+ should build on the achievements of the previous health programmes. [Am. 67]

(37b) The Health strand of the ESF+ should be a means of promoting actions in areas where there is Union added value that can be demonstrated on the basis of the following: exchanging good practices between Member States and between regions; supporting networks for knowledge sharing or mutual learning; supporting qualification of health professionals; addressing cross-border threats to reduce their risks and mitigate their consequences; addressing certain issues relating to the internal market where the Union has substantial legitimacy to ensure high-quality solutions across Member States; unlocking the potential of innovation in health; actions that could lead to a system for benchmarking to allow informed decision-making at Union level; improving efficiency by avoiding a waste of resources due to duplication, and optimising the use of financial resources. [Am. 68]

(38) The Health strand of the ESF+ should contribute to disease prevention , early diagnosis throughout the lifetime of the Union's citizens people living in the Union and to health promotion by addressing health risk factors such as tobacco use , smoking and passive smoking, harmful use of alcohol, environmental health risk factors, consumption of illicit drugs and reduction of drugs-related health damage, obesity and unhealthy dietary habits , also related to poverty and physical inactivity and foster supportive environments for healthy lifestyles , greater public awareness of risk factors, well-designed public health interventions for reducing the burden and impact of infections and preventable infectious diseases, including through vaccinations, in the overall health throughout life in order to complement Member States action in line with the relevant strategies. In this context, special attention should be given to health education as it helps individuals and communities improve their health, increase their knowledge and influence their attitudes. Current health challenges can only be effectively addressed through collaboration at Union level and continued Union action in the field of health. The Health strand of the ESF+ should support implementation of the relevant Union law , mainstream effective prevention and awareness raising models reaching out to all , innovative technologies and new business models and solutions to contribute to innovative, accessible , efficient and sustainable health systems of the Member States and facilitate access to better and safer healthcare for European citizens people living in the Union in both urban and rural areas . [Am. 69]

(38a) In order to implement the actions under the Health strand, the Commission should support the creation of a Steering Board for Health. In addition, the Commission should propose ways and methodology for aligning the health-related activities with the European Semester process, now empowered to recommend health systems (and other social determinants of health in fact) reforms towards greater accessibility and sustainability of healthcare and social protection provisions in Member States. [Am. 70]

(39) Non-communicable diseases are responsible for over 80 % of premature mortality in the Union and an effective prevention entails multiple cross-sectoral actions and cross border dimensions. In parallel, the European Parliament and the Council underlined the need to minimise the public health consequences of serious cross-border threats to health such as sudden and cumulative environmental emissions and pollution, communicable diseases and other biological, chemical, environmental and unknown threats, by supporting preparedness and response capacity building. [Am. 71]

(39a) Continuous investments in innovative community-based approaches to tackle cross-border diseases such as the epidemics of HIV/AIDS, tuberculosis and viral hepatitis are vital as the social dimension of the diseases is a major factor affecting the ability to tackle them as epidemics in the Union and neighbouring countries. A more ambitious political leadership and adequate technical and financial means to provide a sustainable regional response to the fight against HIV/AIDS, tuberculosis and hepatitis in Europe will be instrumental to reach the targets of the Sustainable Development Goals on these diseases. [Am. 72]

(40) Reducing the burden of resistant infections and healthcare associated infections and securing the availability of effective antimicrobials , whilst nonetheless reducing their use in order to help tackle antimicrobial resistance, is essential for the efficiency of health systems and for the health of citizens. [Am. 73]

(41) The Commission has recently made a proposal (16) on Health Technology Assessment (HTA) to support cooperation on health technology assessment at Union level to improve the availability of innovative health technologies to patients across the Union, make better use of available resources and improve business predictability.

(42) Given the specific nature of some of the objectives covered by the Health strand of the ESF+ and by the type of the actions under that strand, the respective competent authorities of the Member States are best placed to implement the related activities with the active support of civil society . Those authorities, designated by the Member States themselves , and additionally, civil society organisations, as appropriate , should therefore be considered to be identified beneficiaries for the purpose of Article [195]of the Financial Regulation and the grants be awarded to such authorities without prior publication of calls for proposals. [Am. 74]

(42a) In order to increase the performance of programme monitoring inefficiencies and inadequacies, the Commission should implement and use programmatic and action specific monitoring indicators to ensure that programme objectives are achieved. [Am. 75]

(42b) The ESF+ programme should address existing obstacles to civil society participation, for example through simplifying the application procedures, easing the financial criteria by waiving the co-financing percentage in some cases, but also through building the capacity of patients, their organisations and other stakeholders through training and education. The programme shall also aim to enable the functioning of civil society networks and organisations at Union level that contribute to the achievement of its objectives, including Union-level organisations. [Am. 76]

(42c) The implementation of the Health strand of the ESF+ should be such that the responsibilities of the Member States, for the definition of their health policy and for the organisation and delivery of health services and medical care, are respected. Whilst respecting Treaty obligations and the role of Member States as the primary interlocutor in the Union decision-making process, competent authorities at sub-national level should be engaged in order to ensure an effective and lasting impact of Union health policy through their integration with social policies on the ground. [Am. 77]

(43) The European Reference Networks (ERNs) are networks involving healthcare providers across Europe to tackle rare, low prevalence and complex diseases and conditions that require highly specialised treatment, and concentrated knowledge and resources. The ERNs are approved as Networks by the Board of Member States of the European Reference Networks, following the approval procedure set out in Commission Implementing Decision 2014/287/EU (17). Those networks, should therefore be considered to be identified beneficiaries for the purpose of Article [195] of the Financial Regulation and the grants to the ERNs be awarded without prior publication of calls for proposals.

(44) EU health legislation has an immediate impact on the lives of citizen, on the efficiency and resilience of the health systems and the good functioning of the internal market. The regulatory framework for medical products and technologies (medicinal products, medical devices and substances of human origin), as well as on tobacco legislation, patients' rights on cross-border health and serious cross-border threats to health is essential to health protection in the EU. Regulation, as well its implementation and enforcement, must keep pace with innovation and research advances and with societal changes in this area, while delivering In addition, many other Union legal acts have significant impacts on health objectives. It is therefore necessary to continuously develop the evidence base required for implementing legislation of such a scientific nature such as those relating to food and food labelling, air pollution, endocrine disruptors and pesticides. In some cases, the cumulative impacts of environmental risk factors are not clearly understood, potentially leading to unacceptable risks to citizens' health . [Am. 78]

(44a) Regulation with health implications, as well as its implementation and enforcement, should keep pace with innovation and research advances and with societal change in this area, whilst remaining underpinned by the precautionary principle, as enshrined in the Treaties. It is therefore necessary to continuously develop the evidence base required for implementing legislation of such scientific nature and, in order to ensure the possibility of independent scrutiny thereby re-gaining public trust in Union processes and because, by its very nature the sharing of this evidence is in the public interest, the highest level of transparency should be guaranteed. [Am. 79]

(44b) Facing health challenges cannot be done by the health sector alone, as health is determined by multiple factors outside of it. Hence, as stated in the Maastricht and Amsterdam Treaties, health in all policies is important for the Union's ability to face future challenges. However, making other sectors aware of the health impacts of their decisions and to integrate health into their policies is one of the biggest challenges the European health sector currently encounters. Important advances in health have been registered so far through policies in sectors such as education, traffic, nutrition, agriculture, labour, or planning. As an example, heart health has registered significant improvements through changes in policies and regulations regarding the quality of food, increased physical activity and decreased smoking. [Am. 80]

(45) In order to maximise the effectiveness and efficiency of actions at Union and international level, cooperation should be developed with relevant international organisations such as the United Nations and its specialised agencies, in particular the World Health Organisation (WHO), as well as with the Council of Europe and the Organisation for Economic Co-operation and Development (OECD) to implement the Health strand.

(46) Reflecting the importance of tackling climate change in line with the Union's commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals, this Regulation will contribute to mainstream climate action in the Union's policies and to the achievement of an overall target of 25 % of the EU budget expenditures supporting climate objectives over the MFF 2021-2027 period, and an annual target of 30 % as soon as possible and at the latest by 2027 . Relevant actions will be identified during the preparation and implementation, and reassessed in the context of the mid-term evaluation. [Am. 81]

(47) Pursuant to Article [94 of Council Decision 2013/755/EU (18)], persons and entities established in Overseas Countries and Territories (OCTs) are to be eligible for funding subject to the rules and objectives of the Employment and Social Innovation and Health strands and possible arrangements applicable to the Member State to which the relevant OCTs are linked. The programme will need to allow for the particular constraints affecting persons and entities established in those territories in order to provide for proper access to those strands. [Am. 82]

(48) Subject to complying with all the relevant rules and regulations, third countries which are members of the European Economic Area (EEA) may participate in Union programmes in the framework of the cooperation established under the EEA agreement, which provides for the implementation of the programmes by a decision under that agreement. A specific provision should be introduced in this Regulation to grant the necessary rights for and access to the authorising officer responsible, the European Anti-Fraud Office as well as the European Court of Auditors to comprehensively exert their respective competences. [Am. 83]

(49) In accordance with the Financial Regulation, Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council (19), Council Regulation (EC, Euratom) No 2988/95 (20), Council Regulation (Euratom, EC) No 2185/96 (21) and Council Regulation (EU) 2017/1939 (22), the financial interests of the Union are to be protected through proportionate measures in accordance with the Financial Regulation and other applicable rules, including the prevention, detection, correction and investigation of irregularities and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative sanctions. In particular, in accordance with Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96, the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on-the-spot checks and inspections with a view to establishing whether there has been fraud, corruption or any other criminal offences affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor's Office (EPPO) may investigate and prosecute EU-fraud and other criminal offences affecting the financial interests of the Union, as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council (23). In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the Union’s financial interests, to grant the necessary rights and access to the Commission, OLAF, the EPPO and the European Court of Auditors (ECA) and to ensure that any third parties involved in the implementation of Union funds grand equivalent rights.

(50) Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 TFEU apply to this Regulation. These rules are laid down in the Financial Regulation and determine in particular the procedure for establishing and implementing the budget through grants, procurement, prizes, indirect implementation, and provide for checks on the responsibility of financial actors. Rules adopted on the basis of Article 322 TFEU also concern the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States, as the respect for the rule of law is an essential precondition for sound financial management and effective EU funding.

(50a) It is important to ensure sound and fair financial management of the Fund to guarantee that it is implemented in such a way as to make it as clear, effective and easy to use as possible, while guaranteeing legal certainty and ensuring that it is accessible to all participants. As ESF+ activities are carried out under shared management, the Member States should not add additional rules or amend the rules as they go, as that would complicate the use of the funds for the beneficiaries and may lead to a delay in the payment of invoices. [Am. 84]

(51) Since the objective of this Regulation, namely enhancing the effectiveness and fairness of labour markets and promoting access to quality employment, improving the access to and the quality of education, and training and care , promoting social inclusion , equal opportunities, and health and reducing eradicating poverty as well as the actions under the Employment and Social Innovation and Health strands, cannot be sufficiently achieved by the Member States but can rather, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. [Am. 85]

(52) In order to amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of amending and supplementing the annexes on the indictors. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016 (24). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(53) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. The implementing powers relating to the model for the structured survey of end recipients should be exercised in accordance with the advisory procedure of Article 4 of Regulation (EU) No 182/2011 of European Parliament and of the Council (25) given the nature of this model,

HAVE ADOPTED THIS REGULATION:

Part I

General provisions

Article 1 Subject matter This Regulation establishes the European Social Fund Plus (ESF+) . ESF+ consists of three strands: the strand under shared management, the Employment and Social Innovation strand and the Health strand . It This Regulation lays down the objectives of the ESF+, the budget for the period 2021-2027, the methods of implementation, the forms of Union funding and the rules for providing such funding , complementing the general rules applicable to ESF+ under Regulation (EU) …/… [the new CPR] . [Am. 86]

Article 2 Definitions 1. For the purposes of this Regulation, the following definitions shall apply: (1) ‘accompanying measures’ means activities provided in addition to the distribution of food and/or basic material assistance with the aim of addressing social exclusion and eradicating poverty such as referring to and providing social services and psychological support, providing relevant information on public services or advice on managing a household budget; (2) ‘associated country’ means a third country which is party to an agreement with the Union allowing for its participation in the Employment and Social Innovation and Health strands of the ESF+ in accordance with Article 30; (3) ‘basic material assistance’ means goods which fulfil the basic needs of a person for a life with dignity, such as clothing, hygiene goods , including feminine hygiene products, and school material; (4) ‘blending operation’ means actions supported by the Union budget, including within blending facilities pursuant to Article 2(6) of the Financial Regulation, combining non-repayable forms of support and/or financial instruments from the Union budget with repayable forms of support from development or other public finance institutions, as well as from commercial finance institutions and investors; (5) ‘common immediate result indicators’ means common result indicators which capture effects within four weeks as from the day the participant leaves the operation (exit date); (6) ‘common longer term result indicators’ means common result indicators which capture effects six and twelve months after a participant has left the operation; (7) ‘costs of purchasing food and/or basic material assistance’ means the actual costs linked to the purchase of food and/or basic material assistance by the beneficiary and not limited to the price of the food and/or basic material assistance; (7a) ‘cross-border partnerships’ in the Employment and Social Innovation strand means permanent structures of cooperation between public employment services, civil society or the social partners located in at least two Member States; (8) ‘end recipient’ means the most deprived person or persons receiving the support as laid down in point (xi) of Article 4(1); (9) ‘health crisis’ means any crisis commonly perceived as a threat, having a health dimension and which requires urgent action by authorities under conditions of uncertainty; (10) ‘legal entity’ means any natural person, or any legal person created and recognised as such under national law, Union law or international law, which has a legal personality and which may, acting in its own name, exercise rights and be subject to obligations; (11) ‘microfinance’ includes guarantees, microcredit, equity and quasi-equity, coupled with accompanying business development services such as in the form of individual counselling, training and mentoring, extended to persons and micro-enterprises that experience difficulties accessing credit for the purpose of professional and/or revenue-generating activities; (12) micro-enterprise' means an enterprise with fewer than 10 employees and an annual turnover or balance sheet below EUR 2 000 000; (13) ‘most deprived persons’ means natural persons, whether individuals, families, households or groups composed of such persons , including children and homeless people , whose need for assistance has been established according to the objective criteria set by the national competent authorities in consultation with relevant stakeholders, while avoiding conflicts of interest and which are approved by those national competent authorities and which may include elements that allow the targeting of the most deprived persons in certain geographical areas; (14) ‘reference value’ means a value to set targets for common and programme specific result indicators which is based on existing or previous similar interventions; (15) ‘social enterprise’ means an a social economy undertaking, regardless of its legal form, or a natural person which who: (a) in accordance with its Articles of Association, Statutes or with any other legal document that may result in liability under the rules of the Member State where it is located, has as its primary social objective the achievement of measurable, positive social , including environmental, impacts rather than generating profit for other purposes, and which provides services or goods that generate a social return, and/or employs methods of production of goods or services that embodies social objectives; (b) uses reinvests most of its profits first and foremost to achieve its primary social objective, and has predefined procedures and rules covering any distribution of profits that ensure that such distribution does not undermine the primary social objective; (c) is managed in an entrepreneurial , democratic, participatory , accountable and transparent way, in particular by involving workers, customers and stakeholders impacted by its business activities; (15a) ‘social economy enterprise’ means different types of enterprises and entities falling within the social economy, such as cooperatives, mutuals, associations, foundations, social enterprises and other forms of enterprises regulated by the laws of the individual Member States and based on the primacy of the individual and social objectives over capital, democratic governance, solidarity and the reinvestment of the majority of profits or surpluses; (16) ‘social innovations’ mean activities , including collective activities, that are social both as to their ends and their means and in particular those which relate to the development and implementation of new ideas (concerning products, services , practices and models) that simultaneously meet social needs and create new social relationships or collaborations, including between public, third sector organisations such as voluntary and community organisations and social economy enterprises, thereby benefiting society and boosting its capacity to act; (17) ‘social experimentations’ mean policy interventions that offer an innovative response to social needs, implemented on a small scale and in conditions that enable their impact to be measured, prior to being implemented in other , including geographical and sectorial, contexts or on a larger scale, if the results prove convincing; (18) ‘key competences’ means the knowledge, skills and competences all individuals need, at any stage of their lives, for personal fulfilment and development, employment, social inclusion and active citizenship. The key competences are: literacy; multilingual; mathematics, science, technology , arts and engineering; digital; media; personal, social and learning to learn; citizenship; entrepreneurship; (inter) cultural awareness and expression and critical thinking ; (19) ‘third country’ means a country that is not member of the European Union. (19a) ‘disadvantaged groups’ means targeted groups with a high level of people experiencing or at risk of poverty, discrimination or social exclusion, including among others ethnic minorities such as Roma, third-country nationals, including migrants, elderly people, children, single parents, persons with disabilities or persons with chronic diseases; (19b) ‘lifelong learning’ means learning in all its forms (formal, non-formal and informal learning) taking place at all stages in life including early childhood education, general education, vocational education and training, higher education and adult education, and resulting in an improvement in knowledge, skills, competences, and possibilities to participate in society. 2. The definitions in Article [2] of Regulation (EU) …/… [the new CPR] shall also apply for the ESF+ strand under shared management. 2a. The definitions in Article 2 of Regulation (EU) 2018/1046 also apply to the Employment and Social Innovation strand and to the Health strand under direct and indirect management. [Am. 87]

Article 3 General objectives and methods of implementation The ESF+ aims to shall support Member States , at national, regional and local level, and the Union to achieve inclusive societies, high levels of quality employment, levels, fair job creation, quality and inclusive education and training, equal opportunities, eradicating poverty, including child poverty, social inclusion and integration, social cohesion, social protection and a skilled and resilient workforce ready for the future world of work. The ESF+ shall be in line with the Treaties of the European Union and the Charter, delivering on the principles set out in the European Pillar of Social Rights, thereby contributing to the goals of the Union as regards to strengthening economic, social and territorial cohesion in accordance with Article 174 TFEU and the commitment of the Union and its Member States to achieve the Sustainable Development Goals and commitments made under the Paris Agreement. The ESF+ shall support, complement and add value to the policies of the Member States to ensure equal opportunities, equal access to the labour market, fair lifelong learning, high quality working conditions, social protection , integration and inclusion, eradicating poverty, including child poverty, investment in children and young people, non-discrimination, gender equality, access to basic services and a high level of human health protection. [Am. 88] It shall be implemented: (a) under shared management, for the part of the assistance which corresponds to the specific objectives indicated in Article 4(1) (the ‘ESF+ strand under shared management’), and (b) under direct and indirect management for the part of the assistance which corresponds to the objectives indicated in Articles 4(1) and 23 (the ‘Employment and Social Innovation strand’) and for the part of the assistance which corresponds to the objectives indicated in Articles 4(1) and (3) and 26 (the ‘Health strand’).

Article 4 Specific objectives 1. The ESF+ shall support the following specific objectives in the policy areas of employment, education, mobility, social inclusion , poverty eradication and health and thereby also contributing to the policy objective for ‘A more social Europe — Implementing the European Pillar of Social Rights’ set out in Article [4] of Regulation (EU) …/… [the new CPR]: (i) improving access to quality employment and activation measures of all jobseekers, in particular youth and specific measures for young people, especially though the implementation of the Youth Guarantee, long-term unemployed, and of economically inactive people and disadvantaged groups , with focus on persons furthest away from the labour market, promoting employment, self-employment , entrepreneurship and the social economy; (ii) modernising labour market institutions and services to assess and anticipate skills needs and ensure timely and tailor-made assistance and support to labour market matching, transitions and mobility; (iii) promoting women’s labour market participation and career progression, promoting the principle of equal pay for equal work, a better work/life balance , with a special focus on single parents, including access to affordable, inclusive and quality childcare, early childhood education, eldercare, and other care services and support; and a healthy and well–adapted working environment addressing health and disease risks, adaptation of workers , professional reorientation , enterprises and entrepreneurs to change, and active and healthy ageing; (iv) improving the quality , inclusiveness , effectiveness and labour market relevance of education and training systems, to support acquisition of key competences including entrepreneurial and digital skills and recognising non-formal and informal learning, to promote e-inclusion and facilitate the transition from education to work, in order to reflect social and economic requirements ; (v) promoting equal access to and completion of, high quality , affordable and inclusive education and training, in particular for disadvantaged groups and carers, from early childhood education and care through general and vocational education and training, and to tertiary level, as well as adult education and learning, including facilitating addressing early school leaving, promoting the introduction of dual-training systems, apprenticeships, learning mobility for all and accessibility for persons with disabilities ; (vi) promoting lifelong learning, notably flexible upskilling and reskilling opportunities for all taking into account entrepreneurial and digital skills, better anticipating change and new skills requirements based on labour market needs, facilitating career transitions and promoting professional mobility and full participation in society ; (vii) fostering active inclusion with a view to promoting equal opportunities , non-discrimination and active participation, and improving employability , in particular for disadvantaged groups ; (viii) promoting long-term socio-economic integration of third country nationals, and of marginalised communities such as the Roma including migrants ; (viiia) fighting discrimination against and promoting the socio-economic integration of marginalised communities such as Roma; (ix) enhancing the equal and timely access to quality, sustainable , accessible and affordable services , including services for access to housing and person-centred healthcare and related care ; modernising social security institutions, public employment services, social protection and social inclusion systems, including promoting access to equal social protection , with a particular focus on children and disadvantages groups and the most deprived people ; improving accessibility including for persons with disabilities , effectiveness and resilience of healthcare systems and long-term care services; (ixa) increasing the accessibility for persons with disabilities with a view to improving their inclusion in employment, education and training; (x) promoting social integration of people experiencing or at risk of poverty or and/or social exclusion, including the most deprived and children; (xi) addressing material deprivation through food and/or basic material assistance to the most deprived, including accompanying measures , aiming to ensure their social inclusion, with an emphasis on children in vulnerable situations . 2. Through the actions implemented under the ESF+ strand under shared management to achieve the specific objectives referred to in paragraph 1, the ESF+ shall also aims to contribute to the other policy objectives listed in Article [4] of Regulation (EU) …/… [the new CPR], in particular those related to: 1. a smarter Europe through the development of skills for smart specialisation, skills for key enabling technologies, industrial transition, sectorial cooperation on skills and entrepreneurship, the training of researchers, networking activities and partnerships between higher education institutions, vocational and educational training (VET) institutions, research and technological centres , medical and healthcare centres and enterprises and clusters, support to micro, small and medium sized enterprises and the social economy taking into account social economy laws and frameworks established in the Member States ; 2. a greener, low carbon Europe through the improvement of education and training systems necessary for the adaptation of skills and qualifications, awareness raising among the population about sustainable development and lifestyles, the upskilling of all, including the labour force, the creation of new jobs in sectors related to the environment, climate and energy, circular economy and the bioeconomy; 2a. a Union that is closer to citizens through poverty reduction and social inclusion measures taking into account the specificities of urban, rural and coastal regions in view of tackling the socioeconomic inequalities in cities and regions; 2b. under the Employment and Social Innovation Strand, the ESF+ shall support the development, implementation monitoring and evaluation of the Union’s instruments, policies and relevant law and promote evidence-based policy making, social innovation and social progress in partnership with the social partners, civil society organisations and public and private bodies (specific objective 1); it shall promote workers’ voluntary geographical mobility on a fair basis and boost employment opportunities (specific objective 2); it shall promote employment and social inclusion by increasing the availability and accessibility of microfinance for micro-enterprises and social economy enterprises, in particular for vulnerable people (specific objective 3); 3. Under the Health strand, the ESF+ shall support contribute to a high level of human health promotion protection and disease prevention, including through the promotion of physical activity and promotion of health education , contribute to effectiveness, accessibility and resilience of health systems, make healthcare safer, reduce health inequalities, increase life expectancy at birth , protect citizens from cross-border health threats, foster disease prevention and early diagnosis, and health promotion throughout the lifetime and strengthen and support EU health health-related legislation , including in the area of environmental health, and fostering Health in all Union policies . The Union’s health policy shall be guided by SDG to ensure that the Union and Member States reach the targets of SDG 3 ‘Ensure healthy lives and promote well-being for all at all ages’. [Am. 89]

Article 5 Budget 1. The total financial envelope for the ESF+ for the period 2021-2027 shall be EUR 101 174 000 000 EUR 106 781 000 000 in 2018 prices (EUR 120 457 000 000 in current prices). 2. The part of the financial envelope for the ESF+ strand under shared management under the Investment for Jobs and Growth goal shall be EUR 100 000 000 000 in current prices or EUR 88 646 194 590 in 2018 prices EUR 105 686 000 000 in 2018 prices (EUR 119 222 000 000 in current prices) of which EUR 200 000 000 in current prices or or EUR 175 000 000 in 2018 prices shall be allocated for transnational cooperation supporting innovative solutions as referred to in Article 23(i), EUR 5 900 000 000 shall be allocated for measures falling under the European Child Guarantee referred to in Article 10a, and EUR 400 000 000 in current prices or EUR 376 928 934 in 2018 prices as additional funding to the outermost regions identified in Article 349 TFEU and the NUTS level 2 regions fulfilling the criteria laid down in Article 2 of Protocol No 6 to the 1994 Act of Accession. 3. The financial envelope for the Employment and Social Innovation strand and the Health strand for the period 2021-2027 shall be EUR 1 174 000 000 EUR 1 095 000 000 in 2018 prices (EUR 1 234 000 000 in current prices). 4. The indicative distribution of the amount referred in paragraph 3 shall be: (a) EUR 761 000 000 EUR 675 000 000 in 2018 prices (EUR 761 000 000 in current prices) for the implementation of the Employment and Social Innovation strand; (b) EUR 413 000 000 EUR 420 000 000 in 2018 prices (EUR 473 000 000 in current prices; or 0,36 % of the MFF 2021-2027) for the implementation of the Health strand. 5. The amounts referred to in paragraphs 3 and 4 may also be used for technical and administrative assistance for the implementation of the programmes, such as preparatory, monitoring, control, audit and evaluation activities including corporate information technology systems. [Am. 90]

Article 6 Gender equality between men and women and equal opportunities, and non-discrimination 1. All programmes implemented under the ESF+ strand under shared management, as well as the operations supported by the Employment and Social Innovation and Health strands shall ensure gender equality between men and women throughout their preparation, implementation, monitoring and evaluation. They shall also support specific actions aimed at increasing the participation of women in working life and their professional development as well as conciliation between working and personal life, promote equal opportunities for all, without discrimination based on sex, racial or ethnic origin, religion or belief, disability or health condition , age or sexual orientation , including the accessibility to persons with disabilities also in terms of ICT, throughout their preparation, implementation, monitoring and evaluation , thereby enhancing social inclusion and reducing inequalities . 2. The Member States and the Commission shall also support specific targeted actions to promote the principles referred to in paragraph 1 within any of the objectives of the ESF+, including the transition from residential/institutional care to family and community-based care and improving universal accessibility for persons with disabilities . [Am. 91]

Part II — Implementation under the ESF+ strand under shared management

Chapter I

Common provisions on programming

Article 7 Consistency and thematic concentration 1. Member States shall concentrate the ESF+ resources under shared management on interventions that address the challenges identified in their national reform programmes, in the European Semester as well as in the relevant country-specific recommendations adopted in accordance with Article 121(2) TFEU and Article 148(4) TFEU, and take into account principles and rights set out in the European Pillar of Social Rights , the Social Scoreboard under the European Semester and regional specificities thereby contributing to the goals of the Union set out in Article 174 TFEU as regards to strengthening economic, social and territorial cohesion and that are fully in line with the Paris Agreement and the UN Sustainable Development Goals . Member States and, where appropriate the Commission, shall foster synergies and ensure coordination, complementarity and coherence between the ESF+ and other Union funds, programmes and instruments such as the European Regional Development Fund (ERDF), the European Globalisation Adjustment Fund (EGF), the European Maritime and Fisheries Fund, InvestEU, Creative Europe, the Rights and Values Instrument, Erasmus, the Asylum and Migration Fund , the post-2020 EU Framework for National Roma Integration Strategies and the Reform Support Programme, including the Reform Delivery Tool and the Technical Support Instrument, both in the planning phase and during implementation. Member States and, where appropriate the Commission, shall optimise mechanisms for coordination to avoid duplication of effort and ensure close cooperation between those Managing Authorities responsible for implementation to deliver integrated approaches, coherent and streamlined support actions. 2. Member States shall allocate an appropriate amount of their ESF+ resources under shared management to address challenges identified in relevant country-specific recommendations adopted in accordance with Article 121(2) TFEU and Article 148(4) TFEU and in the European Semester falling within the scope of the ESF+ as set out in Article 4 of this Regulation. 3. Member States shall allocate at least 25 % 27 % of their ESF+ resources under shared management to the specific objectives for the social inclusion policy area set out in points (vii) to (xi) (x) of Article 4(1), including the promotion of the socio-economic integration of third country nationals. 3a. Within the specific objectives for the social inclusion policy area set out in points (vii) to (x) of Article 4(1), Member States shall allocate at least 5 % of their ESF+ resources under shared management to targeted actions aiming at implementing the European Child Guarantee, in order to contribute to children’s equal access to free healthcare, free education, free childcare, decent housing and adequate nutrition. 4. In addition to the minimum allocation of at least 27 % of the ESF+ resources under shared management to the specific objectives set out in points (vii) to (x) of Article 4(1), Member States shall allocate at least 2 % 3 % of their ESF+ resources under shared management to the specific objective of addressing social inclusion of the most deprived and/or material deprivation set out in point points (x) and (xi) of Article 4(1). In duly justified cases, the resources allocated to the specific objective set out in point (x) of Article 4(1) and targeting the most deprived may be taken into account for verifying compliance with the minimum allocation of at least 2 % set out in the first subparagraph of this paragraph. 5. Member States having a rate of young people aged 15 to 29 not in employment, education or training above the Union average in 2019 on the basis of Eurostat data, shall allocate at least 10 % 3 % of their ESF+ resources under shared management for the years 2021 to 2025 to targeted actions and structural reforms to support youth employment and school-to-work transition, pathways to reintegrate into education or training and second chance education, in particular in the context of implementing Youth Guarantee schemes. Member States having a rate of young people aged 15 to 29 not in employment, education or training (NEET) above the Union average in 2019 or where the NEET rate is above 15 % on the basis of Eurostat data, shall allocate at least 15 % of their ESF+ resources under shared management for the years 2021 to 2025 in the programming period to the above mentioned actions and structural reform measures, paying special attention to those regions more affected taking into account the divergences between them. When programming the ESF+ resources under shared management for 2026 and 2027 at mid-term in accordance with Article [14] of Regulation (EU) …/… [the new CPR], Member States having a rate of young people aged 15 to 29 not in employment, education or training above the Union average in 2024 or where the NEET rate is above 15 % on the basis of Eurostat data, shall allocate at least 10 % 15 % of their ESF+ resources under shared management for the years 2026 to 2027 to these actions or structural reform measures . Outermost regions meeting the conditions set out in the first second and second third subparagraphs shall allocate at least 15 % of the ESF+ resources under shared management in their programmes to the targeted actions set out in the first subparagraph. This allocation shall be taken into account for verifying compliance with the minimum percentage at national level set out in the first and second subparagraphs. That allocation shall not replace funding necessary for infrastructure and development for outermost regions. When implementing such actions, Member States shall give priority to inactive and long-term unemployed young people and put in place targeted outreach measures. 6. Paragraphs 2 to 5 shall not apply to the specific additional allocation received by the outermost regions and the NUTS level 2 regions fulfilling the criteria laid down in Article 2 of Protocol No 6 to the 1994 Act of Accession. 7. Paragraphs 1 to 5 shall not apply to technical assistance. [Am. 92]

Article 7a Respect for fundamental rights Member States and the Commission shall ensure respect for fundamental rights and compliance with the Charter in the implementation of the funds. Any cost incurrent for action that is not in line with the Charter shall not be eligible in accordance with [ Article 58(2) ] of Regulation (EU) …/… [the new CPR], and Delegated Regulation (EU) No 240/2014. [Am. 93]

Article 8 Partnership 1. In accordance with [Article 6] of Regulation (EU) …/… [the new CPR] and with the Delegated Regulation (EU) No 240/2014, each Member State shall ensure, adequate in partnership with local and regional authorities, a meaningful participation of social partners and civil society organisations , equality bodies, national human rights institutions and other relevant or representative organisations in the programming and delivery of employment, education , non-discrimination and social inclusion policies and initiatives supported by the ESF+ strand under shared management. Such meaningful participation shall be inclusive and accessible to persons with disabilities. 2. Member States shall allocate an appropriate amount at least 2 % of ESF+ resources under shared management in each programme for the capacity building of social partners and civil society organisations at Union and national level in the form of training, networking measures, and strengthening of the social dialogue, and to activities jointly undertaken by the social partners . [Am. 94]

Article 9 Addressing material deprivation The resources referred to in Article 7(4) regarding social inclusion of the most deprived and/or material deprivation shall be programmed under a dedicated priority or programme. The co-financing rate for this priority or programme is set, at least, at 85 %. [Am. 95]

Article 10 Support to youth employment Support in accordance with Article 7(5) shall be program