Proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL Establishing a Community Programme for Employment and Social Solidarity - PROGRESS {SEC(2004) 936}

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. Context

The Lisbon European Council agreed on a strategic goal for the Union to build a competitive and dynamic knowledge-based economy capable of sustaining economic growth with more and better jobs and greater social cohesion. By dynamically addressing challenges related to rapid change in international competitive conditions, the Social Policy Agenda (SPA) is the Union's roadmap in the employment and social sphere as part of the overall Lisbon Strategy.

In its Communication "Building our common Future - Policy challenges and budgetary means of the enlarged Union 2007-2013" [1], the Commission identified the implementation of the SPA as an important tool contributing to the competitiveness for growth and employment objective of the new financial perspectives. The same Communication calls for a further strengthening of the Social Policy Agenda, in order to face the new challenges common to all Member States and to manage change in the context of enlargement, globalisation and demographic ageing.

[1] COM (2004) 101 final

To reach the Lisbon objectives, the SPA relies on a combination of instruments, notably legislation, the open method of co-ordination (OMC), European social dialogue, as well as the European Social fund and a number of other financial tools directly managed by the Commission. The present explanatory memorandum only concerns the latter mentioned financial tools and reflects the efforts made to rationalise them.

2. Justification of the action

The Commission has underlined the importance of using the revision of the legal instruments for the next financial perspectives to create a significant movement towards greater simplicity. Serious consideration was given to all the different options.

One option would have been to discontinue the current financial instruments. However, a high level of employment and of social protection, improved working conditions, anti-discrimination, gender equality, free movement of workers and social dialogue are explicit objectives of the European Union without which the Lisbon policy goals will not become a reality.

Whilst the Member States have the main competence in those areas, modest financial means will remain necessary in the future in their support for a host of reasons:

* Financial means remain necessary to ensure a coherent implementation of the existing acquis, to improve the knowledge and understanding of the situation prevailing in the Member States and to support the promotion of rights, free movement of workers, anti-discrimination and gender equality.

* Community funding in support of the implementation of the OMC in the employment and social area should continue to act as a catalyst by facilitating the definition and implementation of reform measures by Member States in their labour market and social policies and should, as such, bring about important policy developments with modest financial means.

* Adequate financial resources are indispensable to allow the Commission to fully exploit its autonomous Treaty based competence of promoting social dialogue at EU level in line with art. 138. Partnership for change will play a crucial role in giving appropriate responses in terms of harnessing change and economic restructuring.

By investing resources through those three channels, the Union will actively contribute to the Lisbon objectives of competitiveness, more and better jobs and greater social cohesion.

3. Choice of the instrument

In order to effectively simplify and rationalise the current situation, whilst taking account of the different decision making procedures, it is proposed to structure the employment and social policy activities in two main areas, each corresponding to one budget line and each based on its own decision making process:

1. The first one will take the form of an integrated programme for Employment and Social Solidarity (PROGRESS) covering the period 2007 to 2013. It will be adopted by way of the attached Parliament and Council Decision. This programme incorporates four specific Community Action Programmes currently supporting the implementation of the social policy agenda as well as a number of budget lines in relation to working conditions. Its financial allocation will amount to 628.8 million Euros over the period.

2. The second one entitled "Sustaining Social Dialogue, free movement of workers and studies and special reports in the social field" will be dealt with in a separate Communication as no legislative decision is needed. This area of activity will cover expenditure based on existing regulations and autonomous powers conferred on the Commission by the Treaty as confirmed in art 49.2.c of the financial regulation and art 33.1 of its implementing rules. This second budget line will amount to 479.9 million Euros over the 2007-2013 period.

It will mainly deal with financial support to promote and facilitate social dialogue at European level. The implication of the social partners in the legislative process is compulsory according to articles 138/139 of the Treaty and they play a fundamental role in the emergence of real European governance. The Commission will therefore continue to encourage and support partnership and social dialogue both at inter-sectoral and at sectoral levels To this end, it will finance activities related to negotiations, information, training and capacity-building of the actors, and the dissemination and promotion of results at all levels.

It will equally financially support activities relating to social analysis and to free movement of workers, notably the EURES network as provided for in part 2 of Council Regulation 1612/68 [2].

[2] EURES is a network for co-operation between Employment Services of the Member States, their partners and the Commission to exchange information concerning vacancies and job applications, the state and trends of the labour market and living and working conditions.

A further 266.4 million Euros should be foreseen for the financing of the two agencies active in the employment and social area [3] from 2007 to 2013.

[3] The European Foundation for the Improvement of Living and Working Conditions (Dublin) and the European Agency for Health and Safety at Work (Bilbao). The European Monitoring Centre on Racism and Xenophobia (Vienna) is not included as it will be superseded by the Fundamental Rights Agency foreseen under budget heading 3.

Finally, reflecting the equality goals of the Lisbon agenda, and on the basis of political agreement which has been reached within the Council, the European Council expressed its support for the establishment of a European Gender Institute and invited the Commission to bring forward a specific proposal. The Commission plans to adopt the corresponding Proposal before the end of the year and intends to allocate 52.7 million Euros to it over the 2007-2013 period. The setting up of the institute will be budgetary neutral as this amount has been deducted from the programme PROGRESS. The primary task of the Institute will to provide the Community and its Member States with objective, reliable and comparable information and data on gender equality in order to establish measures in this field. It will also act as a catalyst for developing, analysing and disseminating information that improves gender equality in Europe. The precise scope of its competencies will be carefully defined in the proposal mentioned above as to avoid any overlap with other institutes or agencies.

In order to avoid overlap between the interventions covered by the proposed programme, co-operative exchange and synergy mechanisms will be put in place.

4. Objectives of the new created Community Programme

As mentioned above, only a part of the expenditure foreseen for the period 2007-2013 has to be based on an intermediate legislative decision. This is the purpose of the attached Council and Parliament Decision which creates a new Community Programme for Employment and Social Solidarity (PROGRESS).

The overall objective is reinforcing the initiative role of the Commission in proposing EU strategies; implementing and following-up EU objectives and their translations into national policies; transposing and following-up of EU legislation's application in a coherent way through Europe; promoting the co-operation and co-ordination mechanisms between Member States and cooperating with organisations that represent civil society.

General objectives of the programme have been defined to address this overall objective:

(1) Improving the knowledge and understanding of the situation prevailing in the Member States (and in other participating countries) through analysis, evaluation and close monitoring of policies;

(2) Supporting the development of statistical tools and methods and common indicators in the areas covered by the programme ;

(3) Supporting and monitoring the implementation of EU law and policies objectives in the Member States and assessing their impact;

(4) Promoting networking, mutual learning, and identification and dissemination of good practice at EU level;

(5) Enhancing the awareness of the stakeholders and the general public about the EU policies pursued under each of the 5 sections;

(6) Boosting the capacity of key EU networks to promote and support EU policies.

The objectives set for each section have finally been translated into operational objectives which correspond to the types of supports (analytical and mutual learning activities, awareness and dissemination activities, support to main actors) to be addressed in each policy domain. The operational objectives will correspond to the need to carry out actions, financed at Commission level, to target some specific actors who need to act in this context.

5. Sections foreseen under the Programme

The Programme will be divided in 5 sections corresponding to the 5 main fields of activities:

(1) Employment

(2) Social protection and inclusion

(3) Working conditions

(4) Anti-discrimination and diversity

(5) Gender equality

Section 1 will support the implementation of the European Employment Strategy as stipulated in the Employment Title of the EC Treaty (Articles 125 to 130).

Section 2 will support the implementation of the open method of coordination in the field of social protection and inclusion according to Article 137 as amended by the Nice Treaty which sets a role for the Community to "support and complement the activities of the Member States" in a range of objectives relevant to social protection notably "combating of social exclusion" and "modernisation of social protection systems".

Section 3 will support the improvement of the working environment and conditions including health and safety at work as enshrined in the Treaty in its article 137 (1) a) and b).

Section 4 will support effective implementation of the principle of non-discrimination on the grounds of racial or ethnic origin, religion or belief, disability, age or sexual orientation as enshrined in Article 13 of the Treaty. It will furthermore promote the mainstreaming of anti-discrimination in EU policies and the benefits of diversity.

Section 5 will support, on the one hand, an effective implementation of the principle of gender equality and, on the other hand, a better gender mainstreaming in EU policies, as enshrined in Articles 2, 3 2,13 and 141 of the Treaty.

6. External consultation

This planned rationalisation of the employment and social policy programmes and budget structure is of direct interest to key stakeholders. Consultations have been organised with social partners and non-governmental organisations.

7. Ex-ante evaluation

The ex-ante evaluation of the programme is attached to the present proposal for a Parliament and Council Decision. It has been performed internally by the DG EMPL evaluation unit in cooperation with all units involved in the process of defining the programme.

The evaluation results available show the appropriateness of the different actions supported to achieve the goals set in the Social Policy Agenda. Several innovative approaches have been evaluated. The evaluation results already published are presented in annex 1 of the ex-ante evaluation.

8. Simplification

The proposed approach will contribute to the key objective of simplifying instruments both in legal and management terms and of streamlining the budget structure. It will also increase coherence and consistency between and avoid duplication of instruments. Whilst additional human resources will be necessary to cope with future enlargements, a better allocation of the human resources will be achieved by discontinuing smaller budget lines (which are human resources consuming) and regrouping existing programmes into a single, coherent and streamlined programme. This will result in more proportionality between the amount of expenditure and the administrative cost managing it.

The proposed approach will also result in a reduction in the number of budget lines (not including agencies) managed directly by the Commission in the employment and social field from 28 to 2. A single decision would replace the host of decisions currently in place. This would enormously simplify the decision making process. Further to substantially reducing the number of budget lines, rationalisation will also be achieved by reducing and harmonizing the scope of the current four Community Action Programmes. In the implementation of the Programme, the Commission will be assisted by a single Programme Committee, instead of four.

The proposed rationalisation will also benefit the end user as it increases the visibility, clarity and coherence of these instruments. Potential beneficiaries will find it easier to apply for funding under the different sections of the new Programme thanks to the standardised approach and harmonised implementing provisions. As a single project could work towards the objectives of more than one section of the programme, it provides the end user with a "one stop shop".

9. Detailed explanation per article

The Decision contains 20 articles.

Article 1 establishes the PROGRESS programme.

Article 2 defines its general objectives, common to the 5 sections.

Article 3 presents the overall structure of the programme which is divided into 5 sections corresponding to the 5 main fields of activity.

Articles 4 to 8 present, for each of the programme's section, a list of operational objectives.

Article 9 defines the different types of actions foreseen under the programme in order to achieve the objectives set in articles 2 and 4 to 8.

Article 10 lists the potential actors of the programme.

Article 11 defines the different methods of application for support which should be used by the actors mentioned in Article 10.

Article 12 sets the implementing provisions of the programme and particularly the role of the Committee referred to in Article 13.

Article 13 foresees that the Commission will be assisted by a management/consultative Committee in order to implement the Programme.

Article 14 foresees the cooperation of the Committee mentioned in Article 13 with other relevant committees either monitoring other programmes or linked to cooperation mechanisms in the framework of the open method of coordination.

Article 15 expresses the need to coordinate and ensure complementarity of actions financed under this Programme with other EU actions not only in the employment and social sphere but also in areas which may have common objectives (education, culture, justice and home affairs...).

Article 16 allows the participation of non EU Member States in this programme namely EEA/EFTA countries, candidate countries associated to the EU, as well as western Balkan countries included in the stabilisation and association process.

Article 17 sets the overall financial amount available for the 7 years programming period. It also foresees a minimum percentage to be allocated to the different sections of the programme.

Article 18 sets the conditions to be respected to ensure the protection of the Communities' financial interests during the implementation of the Programme.

Article 19 foresees the monitoring and evaluation mechanisms which should be put in place to ensure a smooth and effective implementation of the programme.

Article 20 sets the condition under which the Decision will enter into force.

2004/0158 (COD)

Proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL Establishing a Community Programme for Employment and Social Solidarity - PROGRESS

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 13(2), 129, 137(2) a) thereof,

Having regard to the proposal from the Commission [4],

[4] OJ C , , p. .

Having regard to the opinion of the European Economic and Social Committee [5],

[5] OJ C , , p. .

Having regard to the opinion of the Committee of the Regions [6],

[6] OJ C , , p. .

Whereas:

(1) The Lisbon European Council of 23 and 24 March 2000 incorporated, as intrinsic to the overall strategy of the Union, the promotion of employment and social inclusion to achieve its strategic goal for the next decade of becoming the most competitive and dynamic knowledge-based economy in the world, capable of sustainable economic growth, with more and better jobs and greater social cohesion. It set ambitious objectives and targets for the EU to regain the conditions for full employment, improve quality and productivity at work, promote social cohesion and an inclusive labour market.

(2) In line with the Commission's stated intention to consolidate and rationalise EU funding instruments, this Decision should establish a single and streamlined Programme providing for the continuation and development of the activities launched on the basis of Council Decision 2000/750/EC of 27 November 2000 establishing a Community action programme to combat discrimination (2001 to 2006) [7], Council Decision 2001/51/EC of 20 December 2000 establishing a Programme relating to the Community framework strategy on gender equality [8] and European Parliament and Council Decisions 50/2002/EC of 7 December 2001 establishing a programme of Community action to encourage cooperation between Member States to combat social exclusion [9] and 1145/2002/EC of 10 June 2002 on Community incentive measures in the field of employment [10], as well as those activities undertaken at Community level in relation to working conditions.

[7] OJ L 303, 2.12.2000, p. 23

[8] OJ L 17, 19.11.2001, p. 22

[9] OJ L 10, 12.1.2002, p. 1

[10] OJ L 170, 29.6.2002, p. 1

(3) The Extraordinary European Council on Employment in Luxembourg in 1997 launched the European Employment Strategy, encompassing the coordination of Member States' employment policies on the basis of commonly-agreed employment guidelines and recommendations. The European Employment Strategy now has the leading role in the implementation of the employment and labour market objectives of the Lisbon Strategy.

(4) The Lisbon European Council, concluded that the number of people living below the poverty line and in social exclusion in the Union was unacceptable and therefore deemed it necessary to take steps to make a decisive impact on the eradication of poverty by setting adequate objectives. Such objectives were agreed by the Nice European Council of 7, 8 and 9 December 2000. It further agreed that policies for combating social exclusion should be based on an open method of coordination combining national action plans and a Commission initiative for cooperation.

(5) Demographic change represents a major long-term challenge to the ability of social protection systems to deliver adequate pensions and health and long-term care and it is important to promote policies that can achieve both adequate social protection and financial sustainability. This balance is achieved in accordance with the open method of coordination.

(6) Ensuring minimum standards and the constant improvement of working conditions in the EU constitutes a central feature of the European social policy and corresponds to an important overall objective of the European Union. The Community has an important role to play to support and complement the activities of the Member States in the fields of workers' health and safety, working conditions, protection of workers where their employment contract is terminated, information and consultation of workers, representation and collective defence of the interests of workers and employers.

(7) Non Discrimination is a fundamental principle of the European Union. Article 21 of the Charter of Fundamental Rights of the European Union prohibits discrimination on a variety of grounds. The specific features of the diverse forms of discrimination should be accommodated. Therefore, the particular needs of people with disabilities should be taken into account in terms of the accessibility of activities and results.

(8) On the basis of Article 13 of the Treaty establishing the European Community, the Council has adopted Directive 2000/43 of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin [11] which prohibits discrimination based on racial or ethnic origin in, inter alia, employment, vocational training, education, goods and services and social protection; and Directive 2000/78 of 27 November 2000 establishing a general framework for equal treatment in employment and occupation [12] which prohibits discrimination in employment and occupation on the grounds of religion or belief, disability, age and sexual orientation.

[11] OJ L 180, 19.7.2000, p. 22

[12] OJ L 303, 2.12.2000, p. 16

(9) Equal treatment for women and men is a fundamental principle of Community law and the Directives and other acts adopted on the basis of this principle have played a major part in improving the situation of women. Experience of action at Community level has shown that promoting gender equality in EU policies and combating discrimination in practice call for a combination of instruments involving legislation, funding tools and mainstreaming designed to reinforce one another. In line with the principle of gender mainstreaming, equality between men and women should be integrated into all sections of the Programme.

(10) Since the objectives of the proposed action cannot be sufficiently achieved by the Member States because of the need for exchange of information at EU-level and the Community-wide dissemination of good practice and can therefore by reason of the multilateral dimension of the Community actions and measures, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Decision does not go beyond what is necessary to achieve those objectives.

(11) This Decision establishes a financial framework for the entire duration of the programme which is to be the principal point of reference for the budgetary authority, within the meaning of point 33 of the interinstitutional agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure [13].

[13] OJ C 172, 18.6.1999, p. 1

(12) The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission [14].

[14] OJ L 184, 17.7.1999, p. 23

HAVE DECIDED AS FOLLOWS

Article 1

Establishment of the Programme

This Decision establishes the Community Programme for Employment and Social Solidarity, named PROGRESS, to financially support the implementation of the objectives of the European Union in the employment and social affairs area and thereby contribute to the achievement of the Lisbon Strategy goals in these fields. It shall run from 1 January 2007 to 31 December 2013.

Article 2

General objectives of the Programme

The present programme pursues the following general objectives:

(1) to improve the knowledge and understanding of the situation prevailing in the Member States (and in other participating countries) through analysis, evaluation and close monitoring of policies.

(2) to support the development of statistical tools and methods and common indicators in the areas covered by the programme.

(3) to support and monitor the implementation of Community law and policies objectives in the Member States and assessing their impact.

(4) to promote networking, mutual learning, and identification and dissemination of good practice at EU level.

(5) to enhance the awareness of the stakeholders and the general public about the EU policies pursued under each of the 5 sections.

(6) to boost the capacity of key EU networks to promote and support EU policies.

Article 3

Structure of the Programme

The programme shall be divided into the following 5 sections:

(1) Employment

(2) Social protection and inclusion

(3) Working conditions

(4) Antidiscrimination and diversity

(5) Gender equality

Article 4

SECTION 1: Employment

Section 1shall support the implementation of the European Employment Strategy by:

(1) Improving the understanding of the employment situation, in particular through analysis and studies and the development of statistics and indicators.

(2) Monitoring and evaluating the implementation of the European Employment Guidelines and Recommendations and analysing the interaction between the EES and other policy areas.

(3) Organising exchanges on policies and processes and promoting mutual learning in the context of the EES.

(4) Raising awareness, disseminating information and promoting the debate about employment challenges and policies, including among regional and local actors, social partners and other stakeholders.

Article 5

SECTION 2: Social protection and inclusion

Section 2 shall support the implementation of the open method of coordination in the field of social protection and inclusion by:

(1) Improving the understanding of poverty issues, social protection and inclusion policies, in particular through analysis and studies and the development of statistics and indicators.

(2) Monitoring and evaluating the implementation of the Open Method of Coordination in the field of social protection and inclusion and analysing the interaction between this OMC and other policy areas.

(3) Organising exchanges on policies and processes and promoting mutual learning in the context of the social protection and inclusion strategy.

(4) Raising awareness, disseminating information and promoting the debate about the key challenges and policy issues raised in the context of the EU coordination process in the field of social protection and social inclusion, including among NGO's, regional and local actors and other stakeholders.

(5) Developing the capacity of key EU networks to pursue EU policy goals.

Article 6

SECTION 3: Working conditions

Section 3 shall support the improvement of the working environment and conditions including health and safety at work. by:

(1) Improving the understanding of the situation in relation to working conditions, in particular through analysis and studies and the development of statistics and indicators, as well as assessing the impact of existing legislation, policies and practices;

(2) Supporting the implementation of EU labour law through reinforced monitoring, training of practitioners, development of guides and networking amongst specialised bodies;

(3) Initiating preventive actions and fostering the prevention culture in the field of health and safety at work;

(4) Raising awareness, disseminating information and promoting the debate about the key challenges and policy issues in relation to working conditions.

Article 7

SECTION 4: Antidiscrimination and diversity

Section 4 shall support the effective implementation of the principle of non-discrimination and promote its mainstreaming in EU policies by:

(1) Improving the understanding of the situation in relation to discrimination in particular through analysis and studies and the development of statistics and indicators as well as assessing the impact of existing legislation, policies and practices

(2) Supporting the implementation of EU anti-discrimination legislation through reinforced monitoring, training of practitioners and networking amongst specialised bodies dealing with anti-discrimination;

(3) Raising awareness, disseminating information and promoting the debate about the key challenges and policy issues in relation to discrimination and the mainstreaming of anti-discrimination in EU policies;

(4) Developing the capacity of key EU networks to pursue EU policy goals;

Article 8

SECTION 5: Gender equality

Section 5 shall support the effective implementation of the principle of gender equality and promote gender mainstreaming in EU policies by:

(1) Improving the understanding of the situation in relation to gender issues and gender mainstreaming, in particular through analysis and studies and the development of statistics and indicators, as well as assessing the impact of existing legislation, policies and practices;

(2) Supporting the implementation of EU gender equality legislation through reinforced monitoring, training of practitioners and networking amongst specialised equality bodies;

(3) Raising awareness, disseminating information and promoting the debate about the key challenges and policy issues in relation to gender equality and gender mainstreaming;

(4) Developing the capacity of key EU networks to pursue EU policy goals.

Article 9

Types of actions

1. The Programme shall finance the following types of actions:

(a) Analytical activities

- Collection, development and dissemination of data and statistics

- Development and dissemination of common methodologies and indicators/benchmarks

- Carrying-out of studies, analysis and surveys and dissemination of their results

- Carrying-out of evaluations and impact assessments and dissemination of their results

- Elaboration and publication of guides and reports

(b) Mutual learning, Awareness and Dissemination activities

- Identification of best practices and organisation of peer review by means of meetings/workshops/seminars at EU or national level

- Organisation of Presidency conferences/seminars

- Organisation of conferences/seminars in support of the development and implementation of Community law and policy objectives

- Organisation of media campaigns and events

- Compilation and publication of materials to disseminate information as well as results of the programme

(c) Support to main actors

- Support to running costs of key EU networks

- Organisation of working groups of national officials to monitor the implementation of EU law

- Funding of training seminars addressed to legal practitioners, key officials and other relevant actors

- Networking among specialised bodies at EU level

- Funding of experts' networks

- Funding of EU level observatories

- Exchange of personnel between national administrations

- Cooperation with international institutions

2. Types of actions foreseen under paragraph (1) b) should have a strong EU dimension, an appropriate scale in order to ensure a real EU added-value and be carried out by (sub)national authorities, specialised bodies foreseen under Community legislation or actors which are considered the key player in their area.

Article 10

Access to the programme

1. Access to this programme shall be open to all public and/or private bodies, actors and institutions, in particular:

- Member States;

- Public employment services;

- Local and regional authorities;

- Specialised bodies foreseen under EU legislation;

- Social partners;

- Non-governmental organisations organised at EU level;

- Universities and research institutes;

- Experts in evaluation

- National statistical offices;

- Media.

2. The Commission can also directly access the programme as far as actions foreseen under Article 9 paragraph 1 a) and b) are concerned.

Article 11

Method of application for support

The types of actions referred to in Article 9 may be financed by:

- a service contract following a call for tenders. For cooperation with national Statistical Offices, the Eurostat procedures shall apply.

- a partial subsidy following a call for proposals. In this case, the EU co-financing may not exceed, as a general rule, 80 % of the total expenditure incurred by the recipient. Any subsidy in excess of this ceiling can only be granted under exceptional circumstances and after close scrutiny.

The type of actions foreseen under Article 9 (1) b) may be subsidised in respond to requests for subsidies, for example from Member States.

Article 12

Implementing provisions

1. The measures necessary for the implementation of this Decision relating to the following matters shall be adopted in accordance with the management procedure referred to in Article 13 2:

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

(b) the work programme for the implementation of the programme;

(c) the financial support to be supplied by the Community;

(d) the annual budget and the distribution of funding between the different sections of the programme;

(e) the procedures for selecting the actions to be supported by the Community and the draft list of actions to receive such support submitted by the Commission;

2. The measures necessary for the implementation of this Decision relating to all other matters shall be adopted in accordance with the advisory procedure referred to in Article 13 3.

Article 13

Committee

1. The Commission shall be assisted by a Committee.

2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.

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

3. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply.

4. The Committee shall adopt its rules of procedure.

Article 14

Cooperation with other committees

1. The Commission shall establish the necessary links with the Social Protection Committee and the Employment Committee in order to ensure that they are regularly and appropriately informed about the implementation of activities referred to in this Decision.

2. Where appropriate, the Commission shall establish regular and structured cooperation between this Committee and the monitoring committees established for other relevant policies, instruments and actions.

Article 15

Consistency and complementarity

1. The Commission shall, in cooperation with the Member States, ensure overall consistency with other Union and Community policies, instruments and actions, in particular by establishing appropriate mechanisms to coordinate the activities of the programme with relevant activities relating to research, justice and home affairs, culture, education, training and youth policy, and in the fields of enlargement and the Community's external relations. A special attention should be given to the possible synergies between the present programme and those in the field of education and training.

2. The Commission and the Member States shall ensure consistency and complementarity between actions undertaken under the programme and other relevant Union and Community actions, in particular under the Structural Funds and especially the European Social Fund.

3. The Commission shall make sure that expenditures covered and charged by the programme shall not be charged to any other Community financial instrument.

4. The Commission shall keep the Committee referred to in Article 13 regularly informed of other Community action contributing to the Lisbon strategy goals in the field of employment and social policy.

5. Member States shall make all possible efforts to ensure consistency and complementarity between activities under the programme and those carried out at national, regional and local levels.

Article 16

Participation of third countries

The programme shall be open to the participation of:

* the EFTA/EEA countries in accordance with the conditions established in the EEA Agreement;

* the candidate countries associated to the EU, as well as to the western Balkan countries included in the stabilisation and association process.

Article 17

Financing

1. The financial framework for implementing the Community activities referred to in this Decision for the period 1 January 2007 to 31 December 2013 shall be 628.8 million EUR.

2. The financial breakdown between the different sections shall respect the following lower limits:

>TABLE POSITION>

3. A maximum of 2 % of the financial envelop shall be attributed to the implementation of the programme to cover, for example, the expenditure related to the functioning of the Committee foreseen under Article 13 or the evaluations to be carried out according to Article 19.

4. The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspectives.

5. The Commission may have recourse to technical and/or administrative assistance, to the mutual benefit of the Commission and of the beneficiaries, as well as to support expenditure.

Article 18

Protection of the Communities' financial interests

1. The Commission shall ensure that, when actions financed under the present decision are implemented, the financial interests of the Community are protected by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and by the recovery of the amounts unduly paid and, if irregularities are detected, by effective, proportional and dissuasive penalties, in accordance with Council Regulations (EC, Euratom) No 2988/95 and (Euratom, EC) No 2185/96, and with Regulation (EC) No 1073/1999 of the European Parliament and of the Council.

2. For the Community actions financed under this decision, the notion of irregularity referred to in Article 1, paragraph 2 of Regulation (EC, Euratom) No 2988/95 shall mean any infringement of a provision of Community law or any breach of a contractual obligation resulting from an act or omission by an economic operator, which has, or would have, the effect of prejudicing the general budget of the Communities or budgets managed by them, by an unjustified item of expenditure.

3. Contracts and agreements as well as agreements with participating third countries resulting from this decision shall provide in particular for supervision and financial control by the Commission (or any representative authorized by it) and audits by the Court of Auditors, if necessary on-the-spot.

Article 19

Monitoring and evaluation

1. In order to ensure a regular monitoring of the programme and allow necessary reorientations, annual activity reports shall be elaborated by the Commission and transmitted to the programme Committee referred to in Article 13.

2. The programme shall also be the subject of a mid-term evaluation at the level of the different sections with an overview on the programme in order to measure the progress made regarding the impact of the programme objectives and its EU added value. This evaluation may be supplemented by on-going evaluations. These shall be carried out by the Commission with the assistance of external experts. When available, their results shall be reported in the activity reports referred to in paragraph 1.

3. An ex-post evaluation covering the whole programme shall be carried out, one year after it ends, by the Commission with the assistance of external experts, in order to measure the impact of the programme objectives and its EU added value. It shall be transmitted to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions.

Article 20

Entry into force

This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union

Done at Brussels,

For the European Parliament For the Council

The President The President

LEGISLATIVE FINANCIAL STATEMENT

Policy area(s): Employment and Social Affairs

Activit(y/ies): 0401 ; 0402 ; 0403 ; 0404 ; 0405

Title of action: Establishing a Community Programme for Employment and Social Solidarity - PROGRESS

1. BUDGET LINE(S) + HEADING(S)

Financial Perspectives 2007-2013 : Headings 1a

2. OVERALL FIGURES

2.1. Total allocation for action (Part B): EUR 660,5 million for commitment

2.2. Period of application:

1/1/2007 - 31/12/2013

2.3. Overall multi-annual estimate of expenditure:

(a) Schedule of commitment appropriations/payment appropriations (financial intervention)

EUR million (to three decimal places)

>TABLE POSITION>

(b) Technical and administrative assistance and support expenditure

>TABLE POSITION>

>TABLE POSITION>

(c) Overall financial impact of human resources and other administrative expenditure

>TABLE POSITION>

>TABLE POSITION>

2.4. Compatibility with financial programming and financial perspective

X Proposal is compatible with next financial programming 2007-2013.

Proposal will entail reprogramming of the relevant heading in the financial perspective.

Proposal may require application of the provisions of the Interinstitutional Agreement.

2.5. Financial impact on revenue:

X Proposal has no financial implications (involves technical aspects regarding implementation of a measure)

OR

Proposal has financial impact - the effect on revenue is as follows:

(NB All details and observations relating to the method of calculating the effect on revenue should be shown in a separate annex.)

(EUR million to one decimal place)

>TABLE POSITION>

3. BUDGET CHARACTERISTICS

>TABLE POSITION>

4. LEGAL BASIS

Articles of the Treaty n° 13.2, 40, 129 and 137.1 a/b/j/k

5. DESCRIPTION AND GROUNDS

5.1. Need for Community intervention

5.1.1. Objectives pursued

The European Union has an important role to play in the development of a modern, innovative and sustainable European Social Model with more and better jobs in an inclusive society based on equal opportunities. Article 2 of the Treaty states that the Community shall have as part of its tasks that of promoting a high level of employment and of social protection and the raising of the standard of living and quality of life throughout the Community and economic and social cohesion.

In order to achieve those objectives, the Framework Programme will address a number of problems have to be addressed:

(1) The Commission has to ensure that it has the necessary knowledge and understanding of the situation prevailing in the Member States in order to exercise its right of initiative;

(2) Effective policy coordination in the employment and social protection/inclusion areas requires the development of statistical tools and methods and common indicators;

(3) The Commission has to ensure that the EU law and policies objectives are implemented in a uniform way in the Member States and should be able to assess their impact;

(4) Effective policy coordination in the employment and social protection/inclusion areas requires the promotion of networking, mutual learning, identification and dissemination of good practice at EU level between institutional actors;

(5) There is a clear need to increase the awareness of the stakeholders and the general public about the EU policies pursued in the employment and social protection/inclusion areas;

(6) Similarly, there is a lack of capacity of the key EU networks to promote and support EU policies in the employment and social protection/inclusion areas.

The example of indicators and criteria for the evaluation are presented in the ex-ante evaluation.

5.1.2. Measures taken in connection with ex ante evaluation

The DG EMPL multi-annual evaluation plan foresaw the ex-ante of the programmes mainly in 2005. The context described above implies carrying out the ex-ante evaluation at an early stage. This ex-ante evaluation has been performed internally by the DG EMPL evaluation unit in cooperation with all units concerned in the process of defining the programme.

5.1.2.1. Use of evaluation results and lessons from the past

In the context described above the evaluation results available show the appropriateness of the different actions supported to achieve the goals set in the Social Policy Agenda. Several innovative approaches have been evaluated. The evaluation results already published are presented in annex 1 Evaluation results and annex 2: list evaluation carried out. The exante evaluation pointed out the main ex-post and on-going results (p.3).

5.1.2.2 Support to the definition of objectives

A 'logic frame' derived from the evaluation of the programmes has helped to structure the definition of general, specific and operational objectives of the Framework programme.

The preparatory works have started just after the financial perspective decision. Internal working group have been set up with representatives of the units concerned, SPP and evaluation unit.

5.1.2.3 Recommendations

In addition to give a support in the design of the policy, the aims of the ex-ante evaluation was also to identify further actions needed to implement the new framework programme. Some recommendations related to the conclusions have been identified. They are presented in a synthetic table with the main conclusions. Further evaluation results will be reported and taken into account to implement the framework programme decision.

The main conclusions from the ex-ante evaluation have been summarised in a table with some corresponding recommendations. The evaluation report is annexed to the Commission Communication with the Proposal for the programme decision and the financial statement.

Conclusions // Recommendations for implementation

Conclusion 1

- The approach is relevant and justified regarding the overall objectives;

- Actions supported are effective and need to be focused on activities that create the most EU added value

- There is an adequate level of efficiency with the current level of funding and it is necessary to merge the smaller budget lines (often created under the EU parliament pressures)

- The proposals to improve and simplify the delivery mechanisms are appropriate and it is necessary to take into account the human resources constrains.

Compared with the previous period of implementation, the main change introduced is the reinforcement on certain types of activities needed to ensure the Commission initiative role in promoting EU governance. //

No specific recommendation

Conclusion 2

The framework programme objectives have been designed to ensure a more explicit targeting on the instruments/strategy needed to implement the EU objectives. Specific objectives have been defined regarding the EU competencies fixed in the Treaty. The value added has been identified regarding those specific objectives. Operational objectives have been set-out and examples of related indicators provided.

The common framework for definition of objectives will significantly reinforce the internal / external coherence of the activities financed at the level of the Commission.

One of the main changes introduced compared with the 2001-2006 generation of programmes is to rationalise the interventions previously carried out under different budget lines into one single framework programme. That will allow more budgetary coherence.

Main stakeholders will be targeted taking into account the experience from the previous interventions. //

Attention should be devoted to ensuring that simplification does not create a lack of visibility for each policy field.

Conclusion 3

This programme decision bringing all the budget lines into the same framework will introduce much more coherence and complementarity in the delivery of the activities.

- The delivery mechanism have been examined in order to define them at an early stage but allowing flexibility needed to ensure concentration on the most needed actions.

- The monitoring and evaluation processes are defined to take into account the current experience with the Community action programmes. // In the implementation of the Decision, attention should be given to the definition of Framework guidelines and corresponding work programme and more specific definition of target operators and activities

Conclusion 4

In general the very specific nature of the framework programme intervention in the field of social policy will not create any duplication or risk of overlap.

Nevertheless, for closely linked interventions, exchanges and mutual learning effects will continue to be supported.

The programme decision has included a chapter on complementarity to ensure it is present ands foresees that it should be evaluated. //

Special attention will be devoted in avoiding overlap for action designated to be financed under the autonomous basis.

Conclusion 5

Cost effectiveness and EU value added have been fully integrated in the definition of the approach. They have been the central concepts used to rationalise the design of the intervention in the competencies of DG EMPL // No specific recommendation

5.1.3. Measures taken following ex post evaluation

Lessons from the available interim evaluations have been taken into consideration in the ex-ante evaluation.

5.2. Action envisaged and budget intervention arrangements

In order to achieve the general objectives described in point 5.1.1, it has been decided to establish a Framework programme split into 5 sections corresponding to specific objectives relating to 5 different areas of activities:

(1) Employment

Section 1 will support the implementation of the Treaty based European Employment Strategy

(2) Social protection and inclusion

Section 2 will support the implementation of the open method of coordination in the field of social protection and inclusion.

(3) Working conditions

Section 3 will support the improvement of the working environment and conditions including health and safety at work as enshrined in the Treaty.

(4) Antidiscrimination and diversity

Section 4 will support effective implementation of the principle of non-discrimination on the grounds of racial or ethnic origin, religion or belief, disability, age or sexual orientation as enshrined by the Treaty and promote the benefits of diversity. It will also promote anti-discrimination mainstreaming in EU policies.

(5) Gender equality

Section 5 will support the effective implementation of the principle of gender equality as enshrined in the Treaty and promote gender mainstreaming in EU policies.

Each of these specific objectives has then been further specified in operational objectives as mentioned in the Decision (see articles 4 to 9).

In order to achieve the respectively main, specific and operational objectives, the Decision establishing the Framework programme foresees a wide range of possible actions. They can be classified in 3 different types:

* Analytical and mutual learning activities :

This type of actions will cover the carrying out of studies, surveys, evaluations, peer reviews, the elaboration of guides and reports and the development of common methodologies and indicators.

* Awareness and Dissemination activities

This type of actions will cover among others the organisation of conferences in support to the implementation of Community law and policy objectives, media campaigns, events, training seminars...

* Support to main actors

This type of actions will cover the financing of key EU networks acting in at least one of the section of the Framework programme, the funding of networks of experts and institutional bodies, EU level observatories, training seminars for legal practitioners etc...

A detailed presentation of the practical actions foreseen under each section and their link with the operational objectives is included in the table under Point 6.2.

5.3 Methods of implementation

The above mentioned types of actions may be financed either by:

* a service contract following a call for tenders

* or a partial subsidy following a call for proposals. In this case, the EU co-financing may not exceed, as a general rule, 80 % of the total expenditure incurred by the recipient. Any subsidy in excess of this ceiling can only be granted under exceptional circumstances and after close scrutiny.

The Commission will implement this Framework programme and may have recourse to technical and/or administrative assistance to the mutual benefit of the Commission and of the beneficiaries, for example to finance outside expertise on a specific subject.

6. FINANCIAL IMPACT

6.1. Total financial impact on Part B - (over the entire programming period)

6.1.1. Financial intervention

The envisaged breakdown, indicated below, shall be subject to modifications during the programming period following decisions from the Programme Committee. The minimum part for each section is indicated under the article 15 of the decision.

Commitments (in EUR million to three decimal places)

>TABLE POSITION>

6.1.2. Technical and administrative assistance, support expenditure and IT expenditure (commitment appropriations)

>TABLE POSITION>

The Programme's financial envelop can also cover expenditure relating to preparatory, follow-up, control, audit and evaluation activities which are directly necessary for the programme management and for the achievement of its objectives, in particular studies, meetings, information activities and publication, informatics networks aiming at exchanges of information as well as any other technical assistance expenditure to which the Commission can resort for the management of the programme.

6.2. Calculation of costs by measure envisaged in Part B (over the entire programming period)

Commitments (in EUR million to three decimal places)

>TABLE POSITION>

7. IMPACT ON STAFF AND ADMINISTRATIVE EXPENDITURE

7.1. Impact on human resources

>TABLE POSITION>

7.2. Overall financial impact of human resources

>TABLE POSITION>

The amounts are total expenditure for twelve months.

7.3. Other administrative expenditure deriving from the action

>TABLE POSITION>

The amounts are total expenditure for twelve months.

1 Specify the type of committee and the group to which it belongs.

I. Annual total (7.2 + 7.3) // 23,83 mioEUR

II. Duration of action // 7 years

III. Total cost of action (I x II) // 166,81 mioEUR

The needs for human and administrative resources shall be covered within the allocation granted to the managing DG in the framework of the annual allocation procedure.

The allocation of posts will depend, on the one hand, on the internal organisation of the next Commission, and, on the other hand, on the possible reallocation of posts between services following the new financial perspectives.

8. FOLLOW-UP AND EVALUATION

8.1. Follow-up arrangements

The arrangements for monitoring are described in the article 19 of the decision proposal.

The impact of the operational objectives will be measured by their contribution to the implementation of each specific objective. The main factor to assess the success of the actions financed will be the EU value added they generated (see EU value added chapter 6 of ex-ante evaluation).

Indicators will be put in place to monitor the efficiency and the effectiveness of the implementation of the operational objectives. The output indicators are directly related to the specific activity carried out. They will be defined in terms of number of projects, main characteristic and cost.

The Framework programme will be monitored regularly in order to follow the implementation of the activities carried out under each section. Annual activity reports will be transmitted to the Framework programme Committee referred to in Article 13 of this Decision, in order to inform its members on the progress made and discuss the necessary reorientations.

Example of indicators and criteria for the evaluation are presented in the ex-ante evaluation.

>TABLE POSITION>

8.2. Arrangements and schedule for the planned evaluation

The arrangements for evaluation are described in the article 18 of the decision proposal.

The impact of specific objectives will depend on the effectiveness of their contribution to the implementation of the overall objective in Europe.

The nature of the programme objectives is qualitative. The type of effect created will be improvement of EU governance through better understanding, monitoring, exchange and dissemination of EU policy objectives. Most of those effects

The Framework programme will also be the subject of an on-going evaluation at the level of the different sections with an overview on the Framework programme in order to measure the progress made regarding the impact of the programme objectives and its EU added value. These evaluations will be carried out by the Commission with the assistance of external experts. When available, their results will be reported in the activity reports mentioned in paragraph 1.

An ex-post evaluation covering the whole Framework programme will be carried out, one year after it ends, by the Commission with the assistance of external experts. It shall be transmitted to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions.

9. ANTI-FRAUD MEASURES

The Commission shall ensure that, when actions financed under the present decision are implemented, the financial interests of the Community are protected by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and by the recovery of the amounts unduly paid and, if irregularities are detected, by effective, proportional and dissuasive penalties, in accordance with Council Regulations

(EC, Euratom) No 2988/95 and (Euratom, EC) No 2185/96, and with Regulation (EC)

No 1073/1999 of the European Parliament and of the Council.

For the Community actions financed under this decision, the notion of irregularity referred to in Article 1, paragraph 2 of Regulation (EC, Euratom) No 2988/95 shall mean any infringement of a provision of Community law or any breach of a contractual obligation resulting from an act or omission by an economic operator, which has, or would have, the effect of prejudicing the general budget of the Communities or budgets managed by them, by an unjustifiable item of expenditure.

Contracts and agreements as well as agreements with participating third countries resulting from this decision shall provide in particular for supervision and financial control by the Commission (or any representative authorized by it) and audits by the Court of Auditors, if necessary on-the-spot.