Amended proposal for a Decision of the European Parliament and of the Council Establishing a Community Programme for Employment and Social Solidarity - PROGRESS (presented by the Commission pursuant to Article 250 (2) of the EC Treaty)
Date: 2005-10-21
Institutions: European Commission
Subjects: EU programme, anti-discriminatory measure, employment policy, financial aid, gender equality, social security, working conditions

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 21.10.2005 
COM(2005) 536 final 

2004/0158 (COD) 

Amended proposal for a 

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

Establishing a Community Programme for Employment and Social Solidarity - 
PROGRESS 

(presented by the Commission pursuant  
to Article 250 (2) of the EC Treaty) 

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EXPLANATORY MEMORANDUM 

1. 

(1) 

(2) 

(3) 

(4) 

BACKGROUND 

On 14 July 2004, the Commission adopted a proposal for a Decision of the European 
Parliament and of the Council establishing a community programme for employment 
and  social  solidarity  (PROGRESS)1.  This  proposal  was  forwarded  to  the  European 
Parliament and the Council on 15 July 2004. 

The European Economic and Social Committee gave its opinion on 15 March 20052.  

The Committee of the Regions gave its opinion on 23 February 20053. 

The European Parliament gave its opinion at first reading on 6 September 20054. 

2. 

OBJECTIVE OF THE COMMISSION'S PROPOSAL 

The overall objective of the community programme for employment and social solidarity is to 
financially  support  the  implementation  of  the  objectives  of  the  European  Union  in  the 
employment  and  social  affairs  area  and  thereby,  in  the  context  of  the  Lisbon  Strategy, 
contribute to achieving the objectives of the Social Agenda.  

To  this  end,  the  Programme  will  provide  financial  support  to  the  Commission's  role  of 
initiative  in  proposing  EU  strategies;  implementing  and  following-up  of  EU  objectives  and 
their translation into national policies; supporting and monitoring the implementation of EU 
legislation;  promoting  the  co-operation  and  co-ordination  mechanisms  between  Member 
States and cooperating with organisations representing civil society.  

3. 

COMMISSION  OPINION  ON  THE  AMENDMENTS  ADOPTED  BY  THE  EUROPEAN 
PARLIAMENT 

On  6  September  2005,  the  European  Parliament  adopted  72  amendments.  The  Commission 
considers that a large number of the European Parliament's amendments are acceptable in full, 
in  principle  or  in  part,  as  they  improve  its  proposal  and  maintain  the  aims  and  political 
viability  of  the  proposal.  The  Commission  can  accept,  in  full  or  in  part,  the  following 
amendments: 

•  Amendment  no.  1  (Inclusion  of  the  Community  action  programme  to  promote 
organisations active at European level in the field of equality between men and women): 
see Recital 2 

•  Amendment  no.  2  (Greater  emphasis  placed  on  the  importance  of  the  European 

Employment Strategy): see Recital 3 

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COM (2004) 488 final 
OJ C […], […], p. […] 
OJ C 164, 5 July 2005, p. 48 
OJ C […], […], p. […] 

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•  Amendment no. 3 (Stresses the fact that the Council decided to use now the open method 

of coordination in the social protection and social inclusion area): see Recital 5 

•  Amendment  no.  4 (Attention should be drawn to the specific  situation of  migrants): see 

Recital 5a (new) 

•  Amendment  no.  5  (Stresses  the  importance  of  the  need  to  reconcile  family  and 

professional life): see Recital 6 

•  Amendment no. 6 (Inclusion of a reference to Article 13 and the forms of discrimination 
that  it  covers  and  the  need  to  build  on  experience  gained.  Reference  to  compensation  of 
additional costs incurred by disabled people "that result from their disability"): see Recital 
7 

•  Amendment no. 7 (Inclusion of a reference to the Directive on equal treatment between 

men and women): see Recital 8 

•  Amendment no. 8 (Inclusion of a reference to equal treatment between women and men 

and the principle of gender mainstreaming): see Recital 9 

•  Amendment no. 10 (Inclusion of objectives): see Recital 10 

•  Amendment no. 11 (Inclusion of a reference to the Social Agenda): see Article 1 

•  Amendment no. 12 (Mention of the use of statistics and indicators broken down by gender 

and age group): see Article 2, point 2 

•  Amendment  no.  13  (Evaluation  of  the  effectiveness  of  Community  law  and  policy 

objectives): see Article 2, point 3 

•  Amendment  no.  14  (Mention  of  the  promotion  of  networking,  mutual  learning  and 

dissemination of innovative approaches): see Article 2, point 4 

•  Amendment no. 15 (Inclusion of objectives): see Article 2, point 5 

•  Amendment  no.  17  (Mention  of  gender  mainstreaming  in  the  whole  programme):  see 

Article 2, paragraph 1a (new) 

•  Amendment no. 18 (Mention of the obligation to disseminate and publish results and to 

regularly exchange views with stakeholders): see Article 2, paragraph 1b (new) 

•  Amendment no. 19 ("Common" indicators must be developed, as only commonly agreed 

indicators provide the necessary comparability): see Article 4, point 1 

•  Amendment  no.  20  (Calls  for  more  coherence  between  the  EES  and  general  economic 

policy): see Article 4, point 2 

•  Amendment  no.  21  (Mention  of  new  and  innovative  approaches  that  have  to  be 

developed): see Article 4, point 3 

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•  Amendment  no.  22  (Mention  of  implementation  of  national  reform  programmes):  see 

Article 4, point 4 

•  Amendment no. 24 (Inclusion of the words "social exclusion" which follows the wording 
of the current action programme and of "common" indicators which must be developed, as 
only commonly agreed indicators provide the necessary comparability): see Article 5, point 
1 

•  Amendment  no.  25  (Inclusion  of  the  impact  of  the  OMC  at  national  and  Community 

level): see Article 5, point 2 

•  Amendment  no.  26  (Mention  of  new  and  innovative  approaches  that  have  to  be 

developed): see Article 5, point 3 

•  Amendment  no.  27  (The  role  of  the  EU  networks  is  strengthened  in  view  of  their 

particular expertise): see Article 5, point 5 

•  Amendment  no.  28  (Stresses  the  importance  of  the  need  to  reconcile  family  and 

professional life): see Article 6, introductory part 

•  Amendment  no.  29  (Mention  of  the  use  of  statistics  and  of  indicators  broken  down  by 

gender and age group): see Article 6, point 1 

•  Amendment  no.  30  (Support  the  implementation  of  EU  labour  law  through  holding 

seminars for those working in the field): see Article 6, point 2 

•  Amendment no. 31 (Avoiding overlaps with the European Agency for Safety and Health 

at work): see Article 6, point 3 

•  Amendment no. 32 (Stresses the key role of social partners): see Article 6, point 4 

•  Amendment no. 34 (Section 4 shall support the effective implementation of the principle 
of non-discrimination and promote its mainstreaming in "all" EU policies): see Article 7, 
introductory part 

•  Amendment  no.  35  (Inclusion  of  the  obligation  to  assess  the  effectiveness  of  existing 

legislation): see Article 7, point 1  

•  Amendment  no.  36  (Support  the  implementation  of  EU  anti-discrimination  legislation 

through holding seminars for those working in the field): see Article 7, point 2 

•  Amendment no. 37 (Stresses the key role of NGOs in the field of anti-discrimination): see 

Article 7, point 3 

•  Amendment no. 39 (Section 5 shall support the effective implementation of the principle 
of  gender  equality  and  promote  its  mainstreaming  in  "all"  EU  policies):  see  Article  8, 
introductory part 

•  Article  8,  paragraph  1:  inclusion  by  the  Commission  of  the  word  "effectiveness"  for 

coherence sake  

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•  Amendment  no.  40  (Support  the  implementation  of  EU  gender  equality  legislation 

through holding seminars for those working in the field): see Article 8, point 2 

•  Amendment  no.  41  (Stresses  the  importance  of  the  need  to  reconcile  family  and 

professional life): see Article 8, point 3 

•  Amendment no. 42 (Stresses the key role of EU networks in the field of gender equality): 

see Article 8, point 4 

•  Amendment no. 43 (PROGRESS should also operate at transnational level) : see Article 

9, paragraph 1, introductory part 

•  Amendment no. 44 (Stresses the importance of the publication of educational material via 

the internet or other media): see Article 9, paragraph 1, point (a), indent 5 

•  Amendment no. 45 (PROGRESS should also foster mutual learning and the exchange of 
good practice and innovative approaches): see Article 9, paragraph 1, point (b), indent 1 

•  Amendment no. 46 (PROGRESS should also operate at transnational level): see Article 9, 

paragraph 1, point (b), indent 1 

•  Amendment  no.  47  (Inclusion  of  the  organisation  of  an  annual  forum  for  all  actors 
involved  that  should  help  to  promote  dialogue,  publicise  the  programme’s  results  and 
discuss future priorities): see Article 9, paragraph 1, point (b), indent 3a (new)  

•  Amendment no. 48 (Stresses the importance of greater attention that should be paid to the 
specific circumstances of each Member State, given the diversity of situations existing in 
the Union): see Article 9, paragraph 1, point (b), indent 1 

•  Amendment no. 49 (Those working in the area concerned should have access to training 

activities): see Article 9, paragraph 1, point (c), indent 3 

•  Amendment no. 52 (Reference to Article 3): see Article 9, paragraph 2a (new) 

•  Amendment  no.  53  (The  programme  shall  not  finance  any  measures  for  the  preparation 

and implementation of European Years): see Article 9, paragraph 2b (new) 

•  Amendment  no.  54  (Mention  of  employment  agencies):  see  Article  10,  paragraph  1, 

indent 2 

•  Amendment  no.  58  (Expanding  the  list  of  matters  to  be  dealt  with  by  the  Committee 

assisting the Commission): see Article 12 

•  Amendment no. 61 (Obligation to inform also the other relevant committees of the action 

taken under the five sections of the Programme): see Article 14, paragraph 1a (new) 

•  Amendment  no.  62  (The  programme  should  be  consistent  with  regional  policy  and 
general  economic  policy  as  well  as  with  the  other  areas  mentioned,  as  both  may  have 
important  implications  for  the  success  of  the  programme’s  aims):  see  Article  15, 
paragraph 1 

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•  Amendment  no.  63  (Avoids  overlapping  responsibilities  with  other  relevant  Union  and 

Community actions): see Article 15, paragraph 2 

•  Amendment  no.  64  (Ensure  consistency  and  complementarity.  The  avoidance  of 

duplication is therefore essential): see Article 15, paragraph 2 

•  Amendment  no.  65  (Inclusion  of  the  reference  to  the  Social  Agenda):  see  Article  15, 

paragraph 4 

•  Amendment  no.  68  (Ensures  the  fact  that  the  allocation  of  the  appropriations  to  the 
individual  sections  of  the  programme  is  transparent  and  is  determined  by  the  Budgetary 
Authority): see Article 17, paragraph 4 

•  Amendment  no.  69  (The  European  Parliament  must  monitor  the  implementation  of 

PROGRESS): see Article 19, paragraph 1 

•  Amendment  no.  70  (The  European  Parliament  must  monitor  the  implementation  of 

PROGRESS): see Article 19, paragraph 1 

•  Amendment  no.  71  (Parliament  should  be  kept  adequately  informed  about  the 

implementation of the programme): see Article 19, paragraph 3 

4. 

CONCLUSION 

Having regard to Article  250  (2) of the  EC treaty,  the  Commission  modifies  its  proposal  as 
follows.

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2004/0158 (COD) 

Amended Pproposal 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 Commission5, 

Having regard to the opinion of the European Economic and Social Committee6, 

Having regard to the opinion of the Committee of the Regions7, 

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

Whereas: 

(1) 

(2) 

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. 

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)8,  Council 
Decision 2001/51/EC of 20 December 2000 establishing a Programme relating to the 
Community  framework  strategy  on  gender  equality9  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 

5 
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8 
9 

OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ L 303, 2.12.2000, p. 23 
OJ L 17, 19.11.2001, p. 22 

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exclusion10 and 1145/2002/EC of 10 June 2002 on Community incentive measures in 
the field of employment11, and Decision 848/2004/ΕC of the European Parliament 
and the Council of 29 April 2004 establishing a Community action programme to 
promote  organisations  active  at  European  level  in  the  field  of  equality  between 
men  and  women12,  as  well  as  those  activities  undertaken  at  Community  level  in 
relation to working conditions. 

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 is now has the 
leading  role  in  the  most  important  instrument  for  implementation  of  the 
employment and labour market objectives of the Lisbon Strategy. 

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. 

Demographic  change  represents  a  major  long-term  challenge  to  the  ability  of  social 
protection systems to deliver adequate pensions and high quality health and long-term 
care  and  which  are  accessible  to  all  and  can  be  funded  in  the  long  term.  iIt  is 
important  to  promote  policies  that  can  achieve  both  adequate  social  protection  and 
financial sustainability of social protection systems. The Council has decided that 
cooperation in this area should be based on This balance is achieved in accordance 
with the open method of coordination. 

(3) 

(4) 

(5) 

(5a)  Attention should be drawn to the specific situation of migrants in this context and 
to  the  importance  of  taking  action  to  transform  undeclared  work  into  regular 
employment. 

(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, including the need to 
reconcile family and professional life, protection of workers where their employment 
contract  is  terminated,  information,  participation  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 13 of 
the  Treaty  establishing  the  European  Community  calls  for  action  to  combat 
discrimination based on sex, racial or ethnic origin, religion or belief, disability, 
age or sexual orientation. Non-discrimination is also enshrined in Article 21 of the 

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12 

OJ L 10, 12.1.2002, p. 1 
OJ L 170, 29.6.2002, p. 1 
OJ L 157, 30.4.2004, p. 18. Corrected in OJ L 195, 2.6.2004, p. 7 

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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,  and  appropriate  action  developed  in  parallel  to  prevent  and 
combat discrimination on one or more grounds. Therefore, when considering the 
accessibility  and  results  of  the  programme  the  particular  needs  of  people  with 
disabilities should be taken into account in terms of the accessibility of ensuring their 
full  and  equal  access  to  the  activities  funded  by  this  Programme  and  the  results 
and evaluation of those activities, including the compensation of additional costs 
incurred by disabled persons that result from their disability. Experience gained 
over  many  years  of  combating  certain  forms  of  discrimination,  including 
discrimination  based  on  sex,  may  be  useful  in  combating  other  kinds  of 
discrimination. 

On  the  basis  of  Article  13  of  the  Treaty  establishing  the  European  Community,  the 
Council  has  adopted  the  following  directives:  Directive  2000/43  of  29  June  2000 
implementing the principle of equal treatment between persons irrespective of racial or 
ethnic origin13 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  occupation14  which  prohibits 
discrimination  in  employment  and  occupation  on  the  grounds  of  religion  or  belief, 
disability,  age  and  sexual  orientation,  and  Directive  2004/113/EC  of  13  December 
2004 implementing the principle of equal treatment between men and women in 
the access to and supply of goods and services15. 

Equal  treatment  for  women  and  men  is  a  fundamental  principle  of  Community  law 
pursuant to Articles 2 and 3 of the Treaty establishing the European Community, 
and  the  Directives  and  other  acts  adopted  on  the  basis  of  this  principle  have  played 
play  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 
accordance  line  with  the  principle  of  gender  mainstreaming,  equality  between  men 
and women women and men, gender mainstreaming shall should be integrated into 
promoted  in  all  sections  and  activities  of  the  Programme.  In  this  programme, 
discrimination  based  on  sex  is  in  particular  dealt  with  in  Section  5,  gender 
equality. 

8) 

(9) 

(9a)  Many  non-governmental  organisations  at  various  levels  can  make  an  important 
contribution  at  European  level  through  key  networks  which  assist  in  changing 
policy orientations relating to the general objectives of the programme. 

(10) 

Since the objectives of the proposed action cannot be sufficiently achieved by at the 
Member  States  level  because  of  the  need  for  exchange  of  information  at  EU-level 
and  the  Community-wide  dissemination  of  good  practice,  and  can  since  therefore 
these  objectives  can,  by  reason  of  the  multilateral  dimension  of  the  Community 

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OJ L 180, 19.7.2000, p. 22 
OJ L 303, 2.12.2000, p. 16 
OJ L 373, 21.12.2004, p. 37 

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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  interinsitutional  agreement  of  6  May  1999 
between  the  European  Parliament,  the  Council  and  the  Commission  on  budgetary 
discipline and improvement of the budgetary procedure16. 

(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 Commission17. 

(12a)  As the programme is divided into five sections, Member States may provide for 
the rotation  of their national representatives according to  the  themes addressed 
by the Committee assisting the Commission. 

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  in  the  context  of  the  Lisbon  Strategy  goals  in  these  fields  contribute  to 
achieving  the  objectives  of  the  Social  Agenda  (2006–2010)18.  It  shall  run  from  1  January 
2007 to 31 December 2013. 

Article 2 

General objectives of the Programme 

1. 

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; 

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OJ C 172, 18.6.1999, p. 1 
OJ L 184, 17.7.1999, p. 23 
COM(2005) 33, 9.2.2005 

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(2) 

(3) 

(4) 

(5) 

(6) 

1a. 

1b. 

to  support  the  development  of  statistical  tools  and  methods  and  common  indicators 
where possible broken down by gender and age group in the areas covered by the 
programme; 

to support and monitor the implementation of Community law, where applicable, and 
policies  policy  objectives  in  the  Member  States,  and  assessing  assess  their 
effectiveness and impact; 

to promote networking, mutual learning, and identification and dissemination of good 
practice and innovative approaches at EU level; 

to  enhance  the  awareness  of  the  stakeholders  and  the  general  public  about  the  EU 
policies and objectives pursued under each of the 5 sections; 

to  boost  the  capacity  of  key  EU  networks  to  promote,  and  support  and  further 
develop EU policies and objectives, where applicable. 

Gender  mainstreaming  shall  be  promoted  in  all  sections  and  activities  under 
this programme. 

The  results  achieved  in  the  programme  sections  and  activities  shall  be 
disseminated  to  those  involved  and  to  the  public  as  appropriate.  The 
Commission  shall  conduct  exchanges  of  views  with  the  main  stakeholders  as 
appropriate. 

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 1 shall support the implementation of the European Employment Strategy (EES) by: 

(1) 

Improving  the  understanding  of  the  employment  situation  and  prospects,  in 
particular  through  analysis  and  studies  and  the  development  of  statistics  and 
common indicators within the framework of the EES; 

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(2) 

(3) 

(4) 

Monitoring  and  evaluating  the  implementation  of  the  European  Employment 
Guidelines  and  Recommendations  and  their  impact,  notably  through  the  Joint 
Employment  Report,  and  analysing  the  interaction  between  the  EES  and  general 
economic and social policy and other policy areas; 

Organising  exchanges  on  policies  and,  processes  good  practice  and  innovative 
approaches and promoting mutual learning in the context of the EES; 

Raising  awareness,  disseminating  information  and  promoting  the  debate  about 
employment challenges, and policies, and the implementation of national reform 
programmes,  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 (OMC) in the 
field of social protection and inclusion by: 

(1) 

Improving the understanding of social exclusion and poverty issues, social protection 
and inclusion policies, in particular through analysis and studies and the development 
of statistics and common indicators, within the framework of the open method of 
coordination in the field of social protection and inclusion; 

(2)  Monitoring  and  evaluating  the  implementation  of  the  OMCOpen  Method  of 
Coordination in the field of social protection and inclusion and its impact at national 
and  Community  level  and  analysing  the  interaction  between  this  OMC  and  other 
policy areas; 

(3) 

(4) 

Organising  exchanges  on  policies  and  processes,  good  practice  and  innovative 
approaches and promoting mutual learning in the context of the social protection and 
inclusion strategy; 

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, social partners and other stakeholders; 

(5) 

Developing the capacity of key EU networks to pursue support and further develop 
EU policy goals and strategies on social protection and inclusion. 

Article 6 

SECTION 3: Working conditions 

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

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(1) 

(2) 

(3) 

(4) 

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

Supporting  the  implementation  of  EU  labour  law  through  reinforced  effective 
monitoring, training of practitioners holding seminars for those working in the field, 
development  of  guides  and  networking  amongst  specialised  bodies,  including  social 
partners;  

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

Raising awareness, disseminating information and promoting the debate about the key 
challenges  and  policy  issues  in  relation  to  working  conditions,  including  among 
social partners. 

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 all EU policies by: 

(1) 

(2) 

(3) 

Improving the understanding of the situation in relation to discrimination in particular 
through  analysis  and  studies  and,  where  appropriate,  the  development  of  statistics 
and indicators as well as assessing the effectiveness and impact of existing legislation, 
policies and practices; 

the 

implementation  of  EU  anti-discrimination 

Supporting 
through 
reinforced effective monitoring, training of practitioners holding seminars for those 
working  in  the  field  and  networking  amongst  specialised  bodies  dealing  with  anti-
discrimination;  

legislation 

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  all  EU  policies  including  among  NGOs  in  the  field  of  anti-
discrimination, regional and local actors, social partners and other stakeholders; 

(4) 

Developing the capacity of key EU networks to pursue promote and further develop 
EU policy goals and strategies. 

Article 8 

SECTION 5: Gender equality 

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

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(1) 

(2) 

(3) 

(4) 

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,  where  appropriate,  indicators,  as  well  as  assessing  the  effectiveness 
and impact of existing legislation, policies and practices; 

Supporting  the  implementation  of  EU  gender  equality  legislation  through  reinforced 
effective monitoring, training of practitioners holding seminars for those working in 
the field and networking amongst specialised equality bodies;  

Raising awareness, disseminating information and promoting the debate about the key 
challenges and policy issues in relation to gender equality including the importance 
of reconciling work and family life, and gender mainstreaming; 

Developing the capacity of key EU networks to pursue support and further develop 
EU policy goals and strategies on gender equality. 

Article 9 

Types of actions 

1. 

The  Programme  shall  finance  the  following  types  of  actions,  that  may  be 
implemented, where appropriate, within a transnational framework: 

(a) 

Analytical activities 

–  Collection, development and dissemination of data and statistics 

–  Development  and  dissemination  of  common  methodologies  and,  where  appropriate, 

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  and  educational  material  via  the 

Internet or other media 

(b)  Mutual learning, Awareness and Dissemination activities 

–  Identification  of  and  exchanges  on  best  good  practices,  innovative  approaches  and 
experiences  and  organisation  of  peer  review  and  mutual  learning  by  means  of 
meetings/workshops/seminars  at  EU,  transnational  or  national  level,  taking,  where 
possible, account of specific national circumstances. 

–  Organisation of Presidency conferences/seminars 

–  Organisation  of  conferences/seminars  in  support  of  the  development  and  implementation 

of Community law and policy objectives 

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–  Organisation of an annual forum for all interested parties on evaluating progress in 
achieving the Social Agenda and on the implementation of the individual sections of 
the programme, including presentation of results and dialogue on future priorities 

–  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  those  key  EU  networks  whose  activities  are  linked  to  the 

implementation of the objectives of this programme 

–  Organisation of working groups of national officials to monitor the implementation of EU 

law 

–  Funding of training seminars addressed to legal practitioners those working in the field, 

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. 

2a. 

2b. 

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. 

The types of actions should contribute to the areas listed in Article 3, intended 
to achieve the objectives of the Social Agenda under the Lisbon Strategy. 

The  programme  shall  not  finance  any  measures  for  the  preparation  and 
implementation of European Years. 

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 eEmployment services and employment agencies; 

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–  Local and regional authorities; 

–  Specialised bodies foreseen under EU legislation; 

–  Social partners; 

–  Non-governmental organisations, in particular those organised at EU level; 

–  UniversitiesHigher education institutions 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, in accordance with relevant provisions of 
the Financial Regulation19 and its Implementation Regulation20. 

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;  

19 
20 

Cf. Council Regulation No 1605/2002, OJ L 248, p.1, especially Art. 110 
Cf. Commission Regulation No. 2342/2002, OJ L 357, p.1, especially Art. 168 

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(b) 

the  annual  work  programme  for  the  implementation  of  the  programme, 
divided up into separate sections;  

(c) 

the financial support to be supplied by the Community;  

(d) 

(e) 

(f) 

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

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;  

criteria  for  evaluating  the  programme,  including  criteria  relating  to  the 
cost-benefit ratio and rules for disseminating and passing on the results. 

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 

The Commission shall be assisted by a Committee. 

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. 

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. 

The Committee shall adopt its rules of procedure. 

Article 14 

Cooperation with other committees 

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. 

The  Commission  shall  also  inform  the  other  relevant  committees  of  the  action 
taken under the five sections of the programme. 

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. 

2. 

1. 

2. 

3. 

4. 

1. 

1a. 

2. 

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Article 15 

Consistency and complementarity 

1. 

2. 

3. 

4. 

5. 

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,  and  with  regional  policy  and  general  economic 
policy.  A  special  attention  should  be  given  to  the  possible  synergies  between  the 
present programme and those in the field of education and training. 

The  Commission  and 
the  Member  States  shall  ensure  consistency  and 
complementarity and the absence of duplication 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. 

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

The  Commission  shall  keep  the  Committee  referred  to  in  Article  13  regularly 
informed of other Community action contributing to under the Lisbon strategy goals 
in  the  field  of  employment  and  contributing  to  achieving  the  objectives  of  the 
sSocial policy Agenda. 

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. 

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2. 

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

Section 1  Employment 

21 % 

Section 2 

Social protection and inclusion 

28 % 

Section 3  Working conditions 

8 % 

Section 4  Antidiscrimination and diversity  23 % 

Section 5  Gender equality 

8 % 

3. 

4. 

5. 

1. 

2. 

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. 

The  annual  appropriations  and  the  allocation  of  the  appropriations  to  the 
individual  sections  of  the  programme  shall  be  authorised  by  the  budgetary 
authority  within  the  limits  of  the  financial  perspectives.  The  allocation  of  the 
annual appropriations to the individual sections shall be set out in appropriate 
fashion in the Budget.  

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 

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 unjustified item of expenditure. 

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3. 

1. 

2. 

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 

In  order  to  ensure  a  regular  monitoring  of  the  programme  and  allow  necessary 
reorientations, annual activity reports focusing on the outcomes delivered through 
the  programme  shall  be  elaborated  by  the  Commission  and  transmitted  to  the 
programme Committee referred to in Article 13 and to the European Parliament. 

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, the efficiency of 
the  use  of  the  resources  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. 

An  ex-post  evaluation  covering  the  whole  programme  shall  be  carried  out,  by  31 
December  2015,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  The  Commission  shall  submit  this 
document  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 
The President 

For the Council 
The President 

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