2003/8/EC: Commission Decision of 23 December 2002 implementing Council Regulation (EEC) No 1612/68 as regards the clearance of vacancies and applications for employment (Text with EEA relevance) (notified under document number C(2002) 5236)
Date: 2002-12-23
Institutions: European Commission
Subjects: EURES, employment service, free movement of workers, information network, job mobility

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Official Journal of the European Communities

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II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 23 December 2002

implementing Council Regulation (EEC) No 1612/68 as regards the clearance of vacancies and
applications for employment

(notified under document number C(2002) 5236)

(Text with EEA relevance)

(2003/8/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 1612/68 of 15
October 1968 on freedom of movement for workers within
the Community (1), as last amended by Regulation (EEC) No
2434/92 (2), and in particular Article 44 thereof,

Whereas:

(1)

(2)

Much progress has been made since the initial launch of
the European Employment Services network (EURES)
established by Commission Decision 93/569/EEC (3), in
order to implement Council Regulation (EEC) No 1612/
68.

In the light of the experience gained since 1993, and
taking into account and consolidating recent develop-
ments in the EURES environment, the network should
now be reinforced and fully integrated into the activities
of employment services of
the Member States. The
current division of responsibilities and the decision-
making procedures should be redesigned.

(3) With a view to the forthcoming enlargement of the
European Union, full account should be taken of the
implementation of EURES in the acceding countries
while ensuring that the system remains efficient and
manageable.

(4)

The opportunities afforded by the emerging information
and communication technology tools for further enhan-
cing and rationalising the services provided should also
be taken into account.

(5)

(6)

(7)

(8)

To this end, EURES should be consolidated and strength-
ened as a key tool for the monitoring of mobility, for
the support of the free movement of workers and the
integration of
the European labour markets, and for
informing citizens about the relevant Community legisla-
tion.

There is a need to underpin occupational and geographic
mobility in line with the European Employment
Strategy,
in the interests of implementing the Action
Plan for skills and mobility (4) and the Council Resolu-
tion of 3 June 2002 on the same issue (5).

For the sake of clarity, it is advisable to re-establish the
European Employment Services network whilst defining
more precisely its composition, constitution and func-
tions. This operation will entail the replacement of Deci-
sion 93/569/EEC.

The measures provided for in this Decision are in accor-
dance with the opinion of the Technical Committee on
freedom of movement for workers,

HAS ADOPTED THIS DECISION:

Article 1

The EURES network

The Commission, the employment services of
the Member
States and any further national partners which they may have,
shall create a European network of services, designated EURES
(EURopean Employment Services) responsible for developing
the exchange of information and cooperation provided for in
Part II of Regulation (EEC) No 1612/68.

(1) OJ L 257, 19.10.1968, p. 2.
(2) OJ L 245, 26.8.1992, p. 1.
(3) OJ L 274, 22.10.1993, p. 32.

(4) COM(2002) 72 final of 13.2.2002.
(5) OJ C 162, 6.7.2002, p. 1.

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Article 2

Objectives

(c) overall monitoring and evaluation of EURES activity, and
action to check that it is carried out in accordance with
Regulation (EEC) No 1612/68 and with this Decision.

EURES contributes to the coordinated implementation of provi-
sions of Part II of Regulation (EEC) No 1612/68. It supports
the European Employment Strategy and contributes to the
strengthening of the European Single market.

Article 5

EURES logo

In particular,
employers, EURES shall seek to promote:

for the benefit of

job seekers, workers and

(a) the development of European labour markets open and

accessible for all;

(b) the transnational, interregional and cross-border exchange

of vacancies and job applications;

(c) transparency and information exchange on the European
labour markets, including on living conditions and on the
opportunities for acquisition of skills;

(d) the development of methodologies and indicators for this

purpose.

Article 3

Composition

The acronym EURES shall be used exclusively for activities
within EURES. It shall be illustrated by a standard logo, defined
by a graphic design scheme.

The logo shall be registered as a Community trade mark at the
Office for Harmonization in the Internal Market (OHIM). It
may be used by the EURES members and partners.

Article 6

High Level Strategy Group

A High Level Strategy Group is hereby created, composed of
the Heads of the EURES members and chaired by a representa-
tive of
the Commission in
promoting and overseeing the development of EURES.

the Commission.

It shall assist

EURES shall comprise the following categories:

(a) the EURES members, which shall be the specialist services
appointed by the Member States in accordance with Article
13(2) of Regulation (EEC) No 1612/68, and the European
Coordination Office,
in accordance with Articles 21, 22
and 23 of that Regulation; and

(b) the EURES partners, as provided for in Article 17(1) of

Regulation (EEC) No 1612/68; namely:

(i) regional employment services of the Member States;
(ii) employment services responsible for border regions;
(iii) specialised employment services that have been noti-
fied to the Commission in accordance with Article
17(2) of Regulation (EEC) No 1612/68.

The Commission shall consult the High Level Strategy Group
on questions concerning the strategic planning, development,
implementation, monitoring and evaluation of the services and
activities referred to in this Decision, including:

(a) the EURES Charter, in accordance with Article 8(2);

(b) the EURES guidelines, in accordance with Article 9(1);

(c) the Commission's draft annual report provided for by

Article 19(1) of Regulation (EEC) No 1612/68;

(d) the Commission's two-yearly report to the European Parlia-
ment, the Council and the Economic and Social Committee
required by Article 19(3) of Regulation (EEC) No 1612/68.

These categories
the trades union and
include
employer organisations designated by the EURES members.

shall

The Heads of the European social partners' organisations shall
be invited to participate in the meetings of the Group.

Article 4

Role of the European Coordination Office

The Directorate-General for Employment and Social Affairs of
the Commission is responsible for managing the European
Coordination Office.

The European Coordination Office (hereinafter referred to as
the EURES Coordination Office) shall oversee compliance with
the provisions of Part II of Regulation (EEC) No 1612/68 and
shall assist the network in carrying out its activities.

It shall, in particular, undertake:

(a) the analysis of geographic and occupational mobility and
the development of a general approach to mobility in
accordance with the European Employment Strategy;

(b) the formulation of a coherent overall approach and of
to promote cooperation and

appropriate arrangements
coordination between Member States;

The Group shall establish its working methods and rules of
procedure. As a general rule, it shall be convened twice a year
by the chairperson.
It shall deliver its opinions by simple
majority.

The EURES Coordination Office shall provide secretarial
support.

Article 7

Working party

In order to assist it in the development, implementation and
monitoring of EURES activities, the EURES Coordination Office
shall institute a Working Party composed of EURES managers,
each one representing a EURES member. The EURES Coordina-
tion Office shall invite representatives of the European social
partners and, when appropriate, representatives of other EURES
partners and experts, to attend the meetings of the Working
Party.

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Article 8

EURES Charter

68, including information on jobs and on learning opportu-
nities in the European Union to be incorporated into an
integrated job mobility information website.

1.
The EURES Coordination Office shall adopt the EURES
Charter in accordance with the procedures set out in Article
14(2), Article 15(2), Article 22(1)(a), (b) and (c), and Article 23
of Regulation (EEC) No 1612/68, after consultation of the
EURES High Level Strategy Group established by Article 6 of
this Decision.

On the basis of the principle that all vacancies and appli-
2.
cations for employment that are made public by any of the
EURES members and partners must be accessible throughout
the Community, the EURES Charter shall, in particular, estab-
lish:

(a) descriptions of the activities that the EURES members and

partners shall carry out, including:

(i) job-matching services, including personalised counsel-
ling and advice to customers, whether they be job
seekers, workers or employers;

(ii) the development of

transnational and cross-border
cooperation, including employment and social services,
the social partners and other institutions concerned,
with a view to the improvement of the functioning of
the labour markets,
their integration and improved
mobility;

(iii) the promotion of coordinated monitoring and assess-
ment of obstacles to mobility, skills surpluses and
shortages and migration flows;

(b) the operational objectives of the EURES system, the quality
standards to be applied as well as the obligations of the
EURES members and partners, which include:

Article 9

Guidelines and Activity Plans

1.
In line with the EURES Charter provided for in Article 8,
and after consulting the EURES High Level Strategy Group
provided for in Article 6, the EURES Coordination Office shall
establish guidelines for the activities of EURES covering a
three-year period.

The guidelines shall
include the conditions for any financial
assistance which the Community may provide in accordance
with paragraph 4.

2.
On the basis of the guidelines, EURES members shall
present their respective activity plans for the period covered by
the guidelines to the EURES Coordination Office. The activity
plan shall specify:

(a) the main activities to be undertaken by the EURES member
within the framework of the network, including the trans-
national, cross-border and sectoral activities provided for in
Article 17 of Regulation (EEC) No 1612/68;

(b) the human and financial resources allocated for the imple-

mentation of Part II of Regulation (EEC) No 1612/68;

(c) the arrangements for monitoring and evaluation of the
activities planned, including the information to be sent to
the Commission on an annual basis.

The activity plans shall also include an assessment of the activ-
ities and progress achieved during the previous period.

(i) the integration of members' relevant databases of job
exchange

the
vacancies, with
mechanism, by a deadline to be specified;

vacancy

EURES

(ii) the kind of information, such as labour market infor-
mation, information on living and working conditions,
information on job offers and requests, and obstacles
to mobility, which they have to supply to their custo-
mers and to the rest of the network;

(iii) the training and qualifications required for EURES
personnel and conditions and procedures for the orga-
nisation of visits and assignments for officials;

(iv) the drawing up, submission to the EURES Coordina-
tion Office and execution of activity plans, including
specific rules for the EURES cross-border activities;

(v) the conditions governing the use of the EURES logo by

the members and partners;

(vi) principles
activities;

for monitoring and evaluating EURES

The EURES Coordination Office shall examine the activity
3.
plans and the information sent on their implementation with a
view to assessing their consistency with the guidelines and the
provisions of Part II of Regulation (EEC) No 1612/68. The
results of this assessment shall be analysed jointly with the
EURES members on an annual basis, in accordance with Article
19(1) of that Regulation, and shall be included in the Commis-
sion's
the
Council and the Economic and Social Committee required by
Article 19(3) of that Regulation.

to the European Parliament,

two-yearly report

The Commission may grant financial assistance for the
to the rules
the activity plans subject

4.
implementation of
governing the relevant budgetary resources.

Article 10

Repeal

(c) procedures to set up a uniform system and common
models for the exchange of labour market and mobility-
related information within the EURES network, as provided
for in Articles 14, 15 and 16 of Regulation (EEC) No 1612/

Decision 93/569/EEC is hereby repealed. However,
it shall
continue to apply to operations in respect of which an applica-
tion was submitted before the entry into force of this Decision.

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This Decision shall apply from 1 March 2003.

Article 11

Date of application

Article 12

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 23 December 2002.

For the Commission

Anna DIAMANTOPOULOU

Member of the Commission