Opinion of the Commission pursuant to Article 251(2)(c) of the EC Treaty on the European Parliament's amendments to the Council's common position regarding the proposal for a Decision of the European Parliament and of the Council on Community incentive measures in the field of employment amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2001-11-29
Institutions: European Commission
Subjects: EU action, EU employment policy, EU financing, cooperation policy, labour market

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 29.11.2001
COM(2001) 730 final

2000/0195 (COD)

OPINION OF THE COMMISSION
pursuant to Article 251(2)(c) of the EC Treaty
on the European Parliament's amendments
to the Council's common position regarding the
proposal for a

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
 ON COMMUNITY INCENTIVE MEASURES IN THE FIELD OF EMPLOYMENT

[AMENDING THE PROPOSAL OF THE COMMISSION
pursuant to Article 250 (2) of the EC Treaty]

2000/0195 (COD)

OPINION OF THE COMMISSION
pursuant to Article 251(2)(c) of the EC Treaty
on the European Parliament's amendments
to the Council's common position regarding the
proposal for a

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
 ON COMMUNITY INCENTIVE MEASURES IN THE FIELD OF EMPLOYMENT

1.

BACKGROUND

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

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

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

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

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

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

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

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

2.

AIM OF COMMISSION PROPOSAL

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

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

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information  and  experiences  and  to  put  in  place  an  active  information  policy  for
these purposes.

3.

COMMISSION'S OPINION ON THE AMENDMENTS PROPOSED BY THE PARLIAMENT

3.1.

Summary of the Commission's position

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

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

3.2.

Parliament's amendments on second reading

3.2.1.

Amendments accepted

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

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

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

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

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

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

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

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

3.2.2.

Amendments accepted in principle

3.2.2.1. Amendment 4 (Article 4(2))

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

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

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

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

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

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

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

3.2.2.5. Amendment 8 (Article 6)

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

3.2.3.

Amendments not accepted

3.2.3.1. Amendment 9 (Article 8)

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

3.2.3.2. Amendment 10 (Article 9)

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

3.2.3.3. Amendment 11 (Article 10)

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

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3.2.3.4. Amendment 12 (Article 11)

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

3.2.3.5 Amendment 13 (Article 12(1)

This  amendment  provides  for  a  budget  of  €65  million,  as  against  the  €55  million
proposed by the Commission and which is considered to be sufficient.

3.3.

Amended proposal

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

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