Common Position (EC) No 27/2001 of 25 June 2001 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a Decision of the European Parliament and of the Council on Community incentive measures in the field of employment (Text with EEA relevance.)
Date: 2001-06-25
Institutions: Council of the European Union
Subjects: EU employment policy, employment policy

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COMMON POSITION (EC) No 27/2001

adopted by the Council on 25 June 2001

with a view to adopting Decision No .../2001/EC of the European Parliament and of the Council
of ... on Community incentive measures in the field of employment

(Text with EEA relevance)

(2001/C 301/02)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 129 thereof,

and a climate of confidence conducive to boosting
employment. This strategy also involves the harnessing
in a more systematic way of all Community policies in
support of employment, both framework policies and
support policies.

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

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

(3)

Having regard to the opinion of
Regions (3),

the Committee of

the

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

Whereas:

(1)

(2)

Article 3 of the Treaty sets out that the activities of the
Community shall include the promotion of coordination
between employment policies of the Member States with
a view to enhancing their effectiveness by developing a
coordinated strategy for employment.

The Extraordinary European Council Meeting on
Employment in Luxembourg on 20 and 21 November
1997 launched an overall strategy for employment,
the European employment strategy, encompassing the
coordination of Member States’ employment policies on
the basis of commonly-agreed employment guidelines
(the Luxembourg process), the continuation and devel-
opment of a coordinated macroeconomic policy and of
an efficient internal market, with a view to laying the
foundations for sustainable growth, new dynamism

(1) OJ C 337 E, 28.11.2000, p. 242.
(2) Opinion delivered on 28 February 2001 (OJ C 139, 11.5.2001,

p. 30).

(3) Opinion delivered on 13 December 2000 (OJ C 144, 16.5.2001,

p. 30).

(4) Opinion of the European Parliament of 14 February 2001 (OJ
C 276, 1.10.2001, p. ...), Council Common Position of 25 June
2001 and Decision of the European Parliament of ... (not yet
published in the Official Journal).

The European Council of Lisbon of 23 and 24 March
2000 has agreed on a new 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 and so
to regain the conditions for full employment. To this
end, it has set a new range of targets and benchmarks
and introduced them in a new open method of coordi-
nation at all levels coupled with a stronger guiding and
coordination role for the European Council, to ensure
more coherent strategic direction and effective monitor-
ing of progress. Moreover, it requested that the mid-
term review of the Luxembourg process should give a
new impetus by enriching the employment guidelines
with more concrete targets establishing closer links with
other relevant policy areas.

(4)

A specific strength of the European employment strategy
is that Member States cooperate on employment policy,
while retaining the right to take decisions appropriate to
their individual circumstances. Another strength is that
they learn from the experiences of each other, including
the ways in which they involve the social partners, and
local and regional authorities.

(5)

The European Council has determined on several
occasions that comparable and reliable statistics and
indicators in the field of employment and the labour
market should be defined and collected.

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Council Decision 2000/98/EC of 24 January 2000
establishing the Employment Committee (1) aims at
promoting coordination between the Member States on
employment and labour-market policies.

2.
The activities shall contribute to achieving the new
strategic goal set by the European Council at Lisbon of
enabling the Community to re-establish the conditions for full
employment.

(6)

(7)

(8)

(9)

Council Decision 98/171/EC of 23 February 1998 on
Community activities concerning analysis, research and
cooperation in the field of employment and the labour
market (2) which provided for such activities ceased to
apply on 31 December 2000.

This Decision should provide for the continuation and
development of the activities launched on the basis of
Decision 98/171/EC. In implementing activities under
this Decision, the Commission should take full account
of the results of the programme carried out under
Decision 98/171/EC.

The measures necessary for the implementation of this
Decision should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down
the procedures for the exercise of implementing powers
conferred on the Commission (3).

(10) This Decision lays down, for the entire duration of the
activities, a financial framework constituting the prime
the
reference within the meaning of point 33 of
Interinstitutional Agreement of 6 May 1999 between
the European Parliament, the Council and the Com-
mission, on budgetary discipline and improvement of
the budgetary procedure (4) for the budgetary authority
during the annual budgetary procedure,

HAVE DECIDED AS FOLLOWS:

Article 1

Establishment of Community activities

Community activities concerning analysis, research and coop-
eration among the Member States in the field of employment
and the labour market shall be carried out in the period from
1 January 2001 to 31 December 2005.

Article 2

Principles

Article 3

Objectives

1.

The objectives of these activities are:

(a)

(b)

to underpin a coordinated approach to employment
policy in the Community within the overall aim of raising
the employment rate set out by the European Council at
Lisbon;

to contribute to the development of the coordinated
strategy for employment through the analysis, monitor-
ing and support of actions carried out in the Member
States, with due regard for the latters’ responsibilities in
this field;

(c)

to develop, follow up and evaluate the European employ-
ment strategy with a strong forward-looking emphasis;

(d)

to foster cooperation between Member States in analysis,
research and monitoring of labour-market policy;

(e)

(f)

to identify best practices and promote exchanges and
transfers of information and experience;

to develop the approach and contents of the European
employment strategy,
including ways of cooperating
with the social partners and relevant local and regional
authorities, and

(g)

to implement an active and transparent information
policy.

The analysis in the context of these activities shall to the

2.
maximum possible extent be gender specific.

The activities referred to in this Decision are those
1.
directly linked to the implementation of Title VIII of the Treaty.

Article 4

Community measures

(1) OJ L 29, 4.2.2000, p. 21.
(2) OJ L 63, 4.3.1998, p. 26.
(3) OJ L 184, 17.7.1999, p. 23.
(4) OJ C 172, 18.6.1999, p. 1.

Bearing in mind the principles set out in Article 2 and
1.
with a view to achieving the objectives referred to in Article 3,
the Community measures shall cover the following activities:

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(a)

analysis and evaluation of employment trends and frame-
work policy conditions; prospective analysis on policy
areas of importance to the Commission and Member
States for the assessment of policy options and the impact
of Community policies; forward analysis and research of
new policy issues arising in the development of the
coordinated strategy for employment;

3.
In implementing the measures referred to in paragraph 1,
the Commission shall take into account the statistical data,
studies and project reports available from international organ-
isations such as the Organisation for Economic Cooperation
and Development (OECD) and the International Labour Organ-
isation (ILO).

(b) providing support for Member States’ efforts in evaluating
in a consistent and coordinated manner their national
including the way in
action plans for employment,
which the social partners and relevant regional and local
authorities have been involved in their implementation.
A special evaluation exercise shall be completed at the
end of the first period of application of the annual
employment policy guidelines agreed in accordance with
the Luxembourg process;

(c)

a quantitative and qualitative evaluation of the effects of
the European employment strategy in general, and analy-
sis of the consistency between the European employment
strategy and general economic policy, as well as other
policy areas;

including the peer review process,

(d) bringing together and exchanging experience in the
Member States,
in
terms of both the pillars and individual guidelines, as
defined in the annual employment policy guidelines for
the Member States. Increasing this cooperation will help
Member States in developing their employment policies
in the light of the lessons learned;

(e) monitoring of the European employment strategy in the
in particular through the European

Member States,
Employment Observatory;

(f)

(g)

technical and scientific work needed to underpin the
development of common quantitative and qualitative
indicators, improving and completing statistics, bench-
marking performances and the exchange of information
on best practices;

supporting the input of presidencies of the Council of the
European Union in order to create a special focus on
priority elements of the European employment strategy
and on special events of high international importance or
of general interest to the Community and the Member
States.

Article 5

Outputs

The output of the activities referred to in Article 4 shall be
used or published according to the type of activity involved,
including:

(a)

the ‘Employment in Europe’ report and other publi-
cations, working documents, reports to be submitted to
the Council,
the Commission and the Employment
Committee; including reports on the evaluation of the
Luxembourg process referred to in Article 4(1)(b);

(b) national seminars in preparation for the national action
plans for employment, seminars on employment policy
or the organisation of important international events on
priority topics or topics of general importance;

(c)

the use of Internet facilities for the dissemination of results
(web publishing, Internet chat-rooms and seminars) and
as a tool to foster cooperation and the exchange of
information.

Article 6

Consistency and complementarity

The Commission shall ensure that the measures implemented
under this Decision and the other relevant Community pro-
grammes and initiatives (such as the social
inclusion pro-
gramme and the framework programme for research, techno-
logical development and demonstration activities) are consist-
ent with each other and complementary. The outcomes of
other Community initiatives could be used as inputs into the
actions covered by this Decision, and results from the activities
mentioned in this Decision could be used as inputs into other
Community initiatives.

Article 7

Participation of non-member countries

2.
Under the activities referred to in paragraph 1, efforts
shall be made to mainstream the principle of gender equality,
in particular with regard to equal opportunities for men and
women in employment and labour markets and to reconciling
working life and family life.

1.
The activities which may be open to participation by the
countries of the European Economic Area, the associated
countries of central and eastern Europe, Cyprus, Malta and
Turkey, and Mediterranean countries which are partners of the
European Union shall be defined in the context of the European
Union’s relations with those countries.

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2.
The cost of the participation referred to in paragraph 1
shall be borne either by the countries concerned or under the
Community budget headings covering implementation of the
cooperation, association or partnership agreements with those
countries in the area concerned.

commission shall keep the Committee referred to in Article 9
regularly informed about other relevant community action.
Where appropriate, the commission shall establish regular
and structured cooperation between this committee and the
committees established for other relevant policies, instruments
and actions.

Article 8

Implementing measures

The measures necessary for the implementation of this
1.
Decision relating to the matters referred to below shall be
adopted in accordance with the management procedure
referred to in Article 9(2):

(a)

(b)

(c)

the general guidelines for the implementation of the
activities;

the annual budgets and the distribution of
between measures;

funding

the annual plan of work for the implementation of actions
under the activities, and the Commission proposals for
selection criteria for financial support,
including the
criteria for monitoring and assessing activities receiving
such support, and the procedure for disseminating and
transferring the results.

The measures necessary for the implementation of this
2.
Decision relating to all other matters shall be adopted in
accordance with the advisory procedure referred to in Article
9(3).

Article 9

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, having regard to
the provisions of Article 8 thereof.

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, having regard to
the provisions of Article 8 thereof.

4.

The committee shall adopt its rules of procedure.

Article 10

Cooperation with other Committees

Article 11

Links to be established

Without prejudice to Articles 8, 9 and 10, the Commission
shall establish the necessary links with the Employment
committee, in order to ensure that that committee is regularly
and appropriately informed about the implementation of the
activities referred to in this Decision.

Furthermore the Commission shall, within the framework of
the activities referred to in this Decision, establish the necessary
links with the social partners and regularly exchange views
with them. To that end, the Commission shall make the
relevant information available to the social partners. The
Commission shall inform the Employment Committee and the
committee referred to in Article 9 of the views of the social
partners.

Article 12

Financing

1.
The financial framework for the implementation of the
Community activities referred to in this Decision for the period
1 January 2001 to 31 December 2005 shall be EUR 50 million.

2.
The annual appropriations shall be authorised by the
budgetary authority within the limits of the financial perspec-
tive.

Article 13

Evaluation and Reporting

The Commission shall identify performance indicators
1.
for the actions, monitor achievement of interim results, and
carry out independent evaluations in the third year (mid-term)
and early during the last year (ex-post) of the activities. The
evaluations shall assess in particular the impact achieved and
the efficiency of the use of resources, and provide decision-
oriented recommendations for adjustments and the eventual
extension of the activities.

To ensure the consistency and complementarity of these
activities with other measures referred to in Article 6, the

The Commission shall make the results of the actions

2.
undertaken and evaluation reports publicly available.

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In the light of the evaluations, the Commission may

3.
propose an extension of the activities.

4.
The Commission shall submit an interim report on the
results of the activities to the European Parliament, the Council,
the Economic and Social Committee and the Committee of the
Regions by 31 December 2003 at the latest, and a final report
by 31 December 2006 at the latest. It shall incorporate into
these reports information on Community financing within
the framework of
the activities and on consistency and
complementarity with other relevant programmes, actions and
initiatives, as well as the relevant evaluation results.

Article 14

Entry into force

This Decision shall enter into force the day of its publication
in the Official Journal of the European Communities.

Done at ...,

For the European Parliament

The President

For the Council

The President

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STATEMENT OF THE COUNCIL’S REASONS

I.

INTRODUCTION

1. On 24 July 2000, on the basis of Article 129 of the Treaty establishing the European
Community (EC Treaty), the Commission submitted to the Council a proposal for a Decision
of the European Parliament and of the Council on Community incentive measures in the field
of employment.

2. Acting in accordance with Article 251 of the EC Treaty, the European Parliament delivered its

opinion at first reading on 14 February 2001.

The opinion of the Economic and Social Committee was delivered on 28 February 2001 and
that of the Committee of the Regions on 31 December 2000.

3. On 28 February 2001, the Commission submitted an amended proposal for a Decision to the
Council, incorporating a number of the amendments proposed by the European Parliament.

4.

In accordance with the procedure laid down in Article 251 of the EC Treaty, the Council
adopted its Common Position on 25 June 2001.

II.

PURPOSE

The proposal for a Decision seeks to implement Article 129 of the EC Treaty and in particular, to
encourage cooperation between Member States and support their action in the field of employment.

III. ANALYSIS OF THE COMMON POSITION

1. General comments

Article 129 of the EC Treaty states that the Council ‘may adopt incentive measures designed to
encourage cooperation between Member States and to support their action in the field of
employment through initiatives aimed at developing exchanges of information and best
practices, providing comparative analysis and advice as well as promoting innovative
approaches and evaluating experiences’.

The Council, in its Common Position, concurred with the proposal’s objectives as put forward
by the Commission and supported by the European Parliament, but made a number of
amendments to the proposal.

In its subject matter, the Common Position fulfils the objectives set out in Article 129 of the
EC Treaty, in so far as it defines the measures which have to be taken at Community level to
support Member States’ efforts to secure full employment while accepting that it is Member
States which have responsibility in this area.

Since the Luxembourg and Lisbon European Councils laid down a number of strategic
objectives and proposed that Member States utilise an open method of coordination to achieve
that objective, the Community’s supporting role has acquired a new dimension. The Common
Position seeks to replace Council Decision 98/171/EC of 23 February 1998, which expired on
31 December 2000, although in content it is more ambitious than that Decision.

The Common Position lays down the guiding principles for Community initiatives. One of
those principles is the incorporation of gender equality. In order to achieve its aims, the
Common Position counts on the involvement of the social partners and regional and local

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authorities among others. It also lays down ways of disseminating the results of the various
activities and sets up a whole system for assessing those results. The activities may be open to
participation by non-member countries, particularly the candidate countries.

The amendments introduced in the Common Position, include some aimed at simplifying the
legislative text and giving it greater clarity, as well as a number which accommodate many of
the European Parliament’s proposed amendments, at least in spirit.

2. Amendments made by the European Parliament

The European Parliament adopted 17 amendments during its plenary session on 14 Februa-
ry 2000. These can be summarised as follows:

— amendments relating to the Luxembourg process and to the involvement of the social

partners and local and regional authorities (amendments 1, 3, 5),

— amendments concerning gender equality and equal opportunities (amendments 4, 7, 8, 9,

11),

— amendments aimed at making the general public more aware of the strategy and measures

involved (amendments 3 (part 2), 11, 12),

— amendments concerning participation by the EP (amendments 2, 15),

— amendments concerning the assessment of the European employment strategy (amend-

ment 6),

— amendment relating to pilot-projects (amendment 10),

— amendments aimed at clarifying the links with other Community programmes and

initiatives (amendments 13, 14),

— amendments relating to the budget and annual appropriations (amendments 16, 17).

2.1. European Parliament amendments rejected by the Commission

The Commission did not take on board five of Parliament’s amendments (4, 14, 15, 16
and 17) in its amended proposal.

2.2. European Parliament amendments accepted by the Commission

The Commission included 12 of the 17 amendments proposed by the Parliament in its
amended proposal, if not verbatim, at least in spirit. Those concerned are amendments 1,
2, 3, 5, 6, 7, 8, 9, 10 (in part), 11, 12 and 13 (in part).

3. Main amendments made by the Council to the Commission proposal

3.1. European Parliament amendments accepted by the Council

The Council adopted 11 of the 12 amendments fully or partly included by the Commission
in its amended proposal, at least in spirit if not verbatim. These were amendments 1, 3, 5,
6, 7, 8, 9, 10 (in part), 11, 12 and 13 (in part).

The Council thus broadly endorsed the Commission’s amended proposal.

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3.2. Parliament amendments rejected by the Council

The Council decided to follow the Commission in not incorporating amendments 14, 15,
16 and 17 in its Common Position. It also dropped amendment 2, but accepted
amendment 4.

The Council’s reasoning for rejecting these amendments was as follows:

— the recital referred to by amendment 2 has been deleted; since the rules applicable

were those laid down in the Treaties, it was regarded as superfluous,

— as regards amendment 14, management of the programme, as well as coordination
of the programme with other Community initiatives, are by definition a matter for
the Commission. Furthermore, Member States have sole responsibility for appointing
members to the various committees concerned,

— the proposal made in amendment 15 seems inappropriate, as interinstitutional

relations with the European Parliament are governed by the EC Treaty,

— with regard to the financial reference amount (amendment 16), the Council first of
all noted that the Commission had calculated the proposed amount on the basis of
actual needs as well as the ability of those involved in the management of human
and physical resources to effect the expenditure. The amount adopted in the Council’s
Common Position also takes into account the actual amount spent under the
previous Decision, which was less than the financial reference amount originally set,

— as to amendment 17, the appropriations authorised each year by the budget authority

obviously take into account human resources needs.

3.3. Restructuring of the text

To make the text clearer, the former Articles 1 and 2 have been largely rewritten, with the
new Article 2 setting out the key principles underpinning the proposed activities.

IV. CONCLUSION

The Council believes that, overall, the text of the Common Position meets the fundamental aims of
the Commission’s amended proposal. It also considers that it has broadly taken on board the aims
of the European Parliament as reflected in its proposed amendments.