Regulation (EC) No 1784/1999 of the European Parliament and of the Council of 12 July 1999 on the European Social Fund
Date: 1999-07-12
Institutions: Council of the European Union, European Parliament
Subjects: European Social Fund, employment policy, fight against unemployment, gender equality, social integration, sustainable development

13. 8. 1999

EN

Official Journal of the European Communities

L 213/5

REGULATION (EC) No 1784/1999 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 12 July 1999

on the European Social Fund (*)

THE EUROPEAN PARLIAMENT,
THE COUNCIL OF THE EUROPEAN UNION,

the fields of human resource development and employ-
ment;

Having regard to the Treaty establishing the European
Community, and in particular Article 148 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the Economic and Social
Committee (2),

Having regard to the opinion of
Regions (3),

the Committee of

the

Acting in accordance with Article 251 of the Treaty (4),

(1) Whereas Council Regulation (EC) No 1260/1999 of 21
June 1999 laying down general provisions on the Struc-
tural Funds (5) replaces Regulation (EEC) No 2052/88 (6)
and Regulation (EEC) No 4253/88 (7); whereas it is also
necessary to replace Council Regulation (EEC) No 4255/
88 of 19 December 1988 laying down provisions for
implementing Regulation (EEC) No 2052/88 as regards
the European Social Fund (8);

(2) Whereas Regulation (EC) No 1260/1999 defines the
general arrangements governing the Structural Funds as
a whole and it is necessary to define which activities are
eligible for financing by the European Social Fund (here-
inafter the ‘Fund’) within the framework of Objectives 1,
2 and 3, referred to in Article 1, first subparagraph,
points 1, 2 and 3 of the said Regulation (hereinafter
referred to as ‘Objectives 1, 2 and 3’), in the framework
of the Community initiative for combating all forms of
discrimination and inequalities in connection with the
labour market, and within the framework of innovative
measures and technical assistance;

(3) Whereas it is necessary to define the mission of the Fund
in relation to the tasks prescribed in the Treaty and in
the context of the priorities agreed by the Community in

(*) This publication cancels

and replaces

the publication which

appeared in OJ 161, 26.6.1999, p. 48.

(1) OJ C 176, 9.6.1998, p. 39 and
OJ C 74, 18.3.1999, p. 7.
(2) OJ C 407, 28.12.1998, p. 74.
(3) OJ C 51, 22.2.1999, p. 48.
(4) European Parliament Opinion of 19 November 1998 (OJ C 379,
7.12.1998, p. 186), Council Common Position of 14 April 1999
(OJ C 134, 14.6.1999, p. 9) and European Parliament Decision of 6
May 1999 (not yet published in the Official Journal). Council De-
cision of 21 June 1999.
(5) OJ L 161, 26.6.1999, p. 1.
(6) OJ L 185, 15.7.1988, p. 9. Regulation as last amended by Regula-

tion (EC) No 3193/94 (OJ L 337, 24.12.1994, p. 11).

(7) OJ L 374, 31.12.1988, p. 1. Regulation as last amended by Regula-

tion (EC) No 3193/94.

(4) Whereas the Conclusions of the Amsterdam European
Council in June 1997 and its Resolution on growth and
the
employment (9)
European employment strategy, the annual guidelines on
employment and the process of establishing national
action plans for employment;

initiated the implementation of

in particular

(5) Whereas it is necessary to redefine the scope of the
Fund,
following the restructuring and
simplification of the Objectives of the Structural Funds,
to support the European employment strategy and the
national action plans for employment linked to it;

(6) Whereas it is necessary to define a common framework
for Fund interventions in all
three Structural Fund
Objectives in order thereby to ensure consistency and
complementarity of actions undertaken pursuant
to
those Objectives with a view to improving the workings
of
labour market and to developing human
the
resources;

(7) Whereas the Member States and the Commission ensure
that programming and implementation of the actions
financed by the Fund in the context of all the Objectives
contribute to the promotion of equality of opportunity
between men and women and the promotion of the
integration and retention of disadvantaged groups and
individuals in the labour market;

(8) Whereas the Member States and the Commission also
ensure that the social dimension and the employment
aspect of the information society are duly taken into
account in implementing actions financed by the Fund;

(9) Whereas it is necessary to ensure that operations relating
to industrial adaptation take account of
the general
needs of workers of either sex resulting from economic
change and changes in production systems identified or
predicted and are not designed to benefit a single firm or
a particular industry; whereas particular attention should
be devoted to small and medium-sized enterprises and
to enhancing access to training and to improving work
organisation;

(8) OJ L 374, 31.12.1988, p. 21. Regulation as last amended by Regu-

lation (EC) No 2084/93 (OJ L 193, 31.7.1993, p. 39).

(9) OJ C 236, 2.8.1997, p. 3.

L 213/6

EN

Official Journal of the European Communities

13. 8. 1999

(10) Whereas

it

the Fund
is necessary to ensure that
continues to strengthen employment and job qualifica-
tions by supporting anticipatory action — as far as
possible — counselling, networking and training opera-
tions throughout the Community and that in conse-
quence the eligible activities are therefore horizontal and
cover the economy as a whole, without an a priori
restriction to specific industries or sectors;

(11) Whereas it is necessary to redefine the eligible actions in
order to increase the effectiveness of the implementation
of policy aims in the context of all the Objectives under
which the Fund takes action; whereas it is necessary to
define the expenditure eligible for Fund assistance within
the framework of the partnership;

(12) Whereas it is necessary to supplement and specify the
content of plans and forms of assistance, especially
following the redefinition of Objective 3;

(13) Whereas the provision of assistance from the Fund at all
levels should be based on the Community's social and
employment policy priorities and on the priorities laid
down in the national action plans;

(14) Whereas arrangements may be introduced whereby local
groups, including non-governmental organisations, may
gain simple and rapid access to Fund support for opera-
tions concerned with combating social exclusion and
thereby build up their capacity for action in that field;

(15) Whereas measures of major

importance

to the
Community undertaken at the initiative of the Commis-
sion have an important role to play in achieving the
general objectives of the Community structural action
referred to in Article 1 of Regulation (EC) No 1260/
1999; whereas such initiatives should primarily promote
policy innovation and transnational cooperation;

(16) Whereas the Fund also contributes to support for tech-
nical assistance and innovative measures, and also for
preparatory, monitoring and evaluation measures and
control in accordance with Articles 22 and 23 of Regu-
lation (EC) No 1260/1999;

(17) Whereas it is appropriate to lay down the powers for
adoption of the implementing provisions and to set out
transitional provisions;

(18) Whereas Regulation (EEC) No 4255/88 should be

repealed,

HAVE ADOPTED THIS REGULATION:

Article 1

Tasks

Within the framework of the task entrusted to the European
Social Fund (the ‘Fund’) by Article 146 of the Treaty and of the
tasks entrusted to the Structural Funds pursuant to Article 159

of the Treaty and in accordance with the provisions of Regula-
tion (EC) No 1260/1999, the Fund shall support measures to
prevent and combat unemployment and to develop human
resources and social integration into the labour market in order
to promote a high level of employment, equality between men
and women, sustainable development, and economic and social
cohesion. In particular, the Fund shall contribute to the actions
undertaken in pursuance of the European Employment Strategy
and the Annual Guidelines on Employment.

Article 2

Scope

1.
The Fund shall support and complement the activities of
Member States directed towards developing the labour market
and human resources in the following policy fields, in partic-
ular in the context of their multiannual national action plans
for employment:

(a) developing and promoting active labour market policies to
to prevent both
combat and prevent unemployment,
women and men from moving into long-term unemploy-
ment, to facilitate the reintegration of the long-term unem-
ployed into the labour market, and to support the occupa-
tional integration of young people and of persons returning
to the labour market after a period of absence;

(b) promoting equal opportunities for all

in accessing the
labour market, with particular emphasis on those exposed
to social exclusion;

(c) promoting and improving:

— training,

— education,

— counselling

as part of lifelong learning policy to:

— facilitate and improve access to, and integration into, the

labour market,

— improve and maintain employability, and

— promote job mobility;

(d) promoting a skilled, trained and adaptable workforce, inno-
vation and adaptability in work organisation, developing
entrepreneurship and conditions facilitating job creation,
in
and enhancing skills and boosting human potential
research, science and technology;

(e) specific measures to improve women's access to and partic-
ipation in the labour market, including their career devel-
their access to new job opportunities and to
opment,
starting up of businesses, and to reduce vertical and hori-
zontal segregation on the basis of sex in the labour market.

2. Within the policy fields set out in paragraph 1 the Fund
shall take account of:

(a) support for local

in
particular initiatives to support local employment and ter-
ritorial employment pacts;

initiatives concerning employment,

13. 8. 1999

EN

Official Journal of the European Communities

L 213/7

(b) the social and labour market dimensions of the information
society, notably by developing policy and programmes
designed to harness the employment potential of the infor-
mation society and by ensuring equal access to its facilities
and benefits;

(c) equal opportunities for women and men as part of the

mainstreaming approach.

Article 3

Eligible activities

1.
The financial support of the Fund shall mainly take the
form of assistance to persons and be devoted to the following
activities to develop human resources which may be part of a
pathway approach to labour market integration:

(a) education and vocational training — including vocational
training equivalent to compulsory schooling — apprentice-
ships, pre-training,
the provision and
in particular
upgrading of basic skills, rehabilitation in employment,
measures to promote employability on the labour market,
guidance, counselling and continuing training;

(b) employment aids and aids for self-employment;

(c) in the fields of research, science and technology develop-
ment, post-graduate training and the training of managers
and technicians at research establishments and in enter-
prises;

(d) development of new sources of employment, including in

the social economy (Third System).

2.
In order to increase the effectiveness of the activities
referred to in paragraph 1 assistance may also be given to:

(a) structures and systems:

(i) development and improvement of training, education
and skills
training of
teachers, trainers and staff, and improving the access of
workers to training and qualifications;

including the

acquisition,

(ii) modernisation and improved efficiency of employment

services;

(iii) development of links between the worlds of work and
education, training, and research establishments;

(iv) development, as far as possible, of systems for antici-
pating changes in employment and in qualification
needs, particularly in relation to new patterns of work
taking into
and new forms of work organisation,
account
family and
the need for reconciliation of
working life and for enabling older workers to have a
fulfilling occupation until retirement. This shall not,

however,
schemes;

include the financing of early-retirement

(b) accompanying measures:

(i) assistance in the provision of services to beneficiaries,
including the provision of care services and facilities
for dependants;

(ii) promoting socio-educational development to facilitate
the pathway approach to labour market integration;

(iii) awareness-raising,

information and publicity.

3.
The Fund may finance activities pursuant to the second
subparagraph of Article 2(4) of Regulation (EC) No 1260/
1999.

Article 4

Concentration of assistance

1. With due regard to national priorities as laid down in
particular in the national action plans for employment as well
as to the ex-ante evaluation, a strategy shall be set out taking
account of all relevant policy fields and paying particular atten-
tion to the areas referred to in Article 2(1)(d) and (e). In order
to maximise the efficiency of Fund support, its interventions
within this strategy and taking into account the priority fields
referred to in Article 2(1) shall be concentrated on a limited
number of areas or themes and be directed towards the most
important needs and the most effective operations.

In allocating appropriations to each intervention by the Fund a
joint selection shall be made of the policy fields to be given
priority. The measures provided for in Article 2(1) shall,
in
accordance with national priorities, be taken into account.

The programming of Fund interventions shall provide
2.
that a reasonable amount of the Fund appropriations made
available for the intervention within Objectives 1 and 3 shall be
available, in conformity with Article 27 of Regulation (EC) No
1260/1999, in the form of small grants, with special arrange-
ments for access by non-governmental organisations and local
partnerships. Member States may choose to implement this
paragraph in accordance with financing arrangements set out
in Article 29(6) of Regulation (EC) No 1260/1999.

Article 5

Community initiative

Pursuant to Article 20 of Regulation (EC) No 1260/1999,
1.
the Fund shall, in accordance with Article 21(2) of that Regula-
tion, contribute to the implementation of
the Community
Initiative for combating discrimination and inequalities in
connection with the labour market (EQUAL).

the Decisions on the contribution of

In accordance with Article 21(2) of Regulation (EC)
2.
No 1260/1999,
the
Fund to the Community Initiative may extend the scope of
eligible activities referred to in Article 3 of this Regulation to
cover measures which can be funded by Regulations (EC) No
1783/1999 (1),
(EC) No 1257/1999 (2) and (EC) No 1263/
1999 (3) so as to permit the implementation of all the meas-
ures provided for in the Initiative.

(1) See page 1 of this Official Journal.
(2) Council Regulation (EC) No 1257/1999 of 17 May 1999 on
from the European Agricultural
(OJ L 160, 26.6.1999,

support
Guidance and Guarantee Funds (EAGGF)
p. 80).

rural development

for

(3) Council Regulation (EC) No 1263/1999 of 21 June 1999 on struc-
tural measures in the fisheries sector (OJ L 161, 26.6.1999, p. 54).

L 213/8

EN

Official Journal of the European Communities

13. 8. 1999

Article 6

Innovative measures and technical assistance

the Commission may

In accordance with Article 22(2) of Regulation (EC) No
1.
1260/1999,
finance preparatory,
monitoring and evaluation operations in Member States or at
Community level which are necessary for the implementation
of the operations referred to in this Regulation. They may
include:

(a) operations of an innovatory nature and pilot projects
concerning labour markets, employment, and vocational
training;

(b) studies, technical assistance and the exchange of experience

having a multiplier effect;

(c) technical assistance connected with the preparation, imple-
mentation, monitoring, and evaluation, as well as control
of operations financed by the Fund;

(d) operations directed, within the

social
dialogue, at staff from enterprises in two or more Member
States and concerning the transfer of special knowledge
relating to areas of intervention by the Fund;

framework of

(e) informing the various partners involved, the final beneficia-
ries of assistance from the Fund and the general public.

2.
In accordance with Article 22(2) of Regulation (EC) No
1260/1999, the scope of the operations referred to in para-
graph 1(a) of this Article shall be extended, by a Decision for
Fund participation, to measures that may be financed under
Regulations (EC) No 1783/1999, (EC) No 1257/1999 and (EC)
No 1263/1999, so as to cover all the measures necessary for
the implementation of the innovative actions in question.

Article 7

Applications for assistance

Applications for a contribution from the Fund shall be accom-
panied by a computerised form, drawn up jointly, listing the
operations regarding each form of assistance so that it can be
followed through from budgetary commitment
to final
payment.

Article 8

Implementing provisions

All detailed implementing rules for this Regulation shall be
adopted by the Commission according to the procedure laid
down in Article 49 of Regulation (EC) No 1260/1999.

Article 9

Transitional provisions

The transitional provisions set out in Article 52 of Regulation
(EC) No 1260/1999 shall apply mutatis mutandis to this Regula-
tion.

Article 10

Review clause

On a proposal from the Commission, the European Parliament
and the Council shall review this Regulation by 31 December
2006.

They shall act on this proposal in accordance with the pro-
cedure laid down in Article 148 of the Treaty.

Article 11

Repeal

Regulation (EEC) No 4255/88 shall be repealed as from 1
January 2000.

References to the repealed Regulation shall be construed as
references to this Regulation.

Article 12

Entry into force

This Regulation shall enter
into force on the third day
following that of its publication in the Official Journal of the
European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 12 July 1999.

For the European Parliament

The President

J. M. GIL-ROBLES

For the Council

The President

S. NIINISTÖ