Proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL On enhanced co-operation between Public Employment Services (PES)
Date: 2013-06-17
Institutions: European Commission
Subjects: EU employment policy, EU growth strategy, EURES, administrative cooperation, benchmarking, decision-making body (EU), employment service, labour mobility, public service

EUROPEAN 
COMMISSION 

Brussels, 17.6.2013  
COM(2013) 430 final 

2013/0202 (COD) 

Proposal for a 

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

On enhanced co-operation between Public Employment Services (PES) 

(Text with EEA relevance) 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

This legal proposal, an incentive measure pursuant of Article 149 TFEU, aims to strengthen 
cooperation between the Public Employment Services (PES) of the Member States. PES are 
responsible  for  implementing  active  labour  market  policies  and  providing  employment 
services in the public interest. They are part of relevant ministries, public bodies or (non for 
profit)  corporations  falling  under  public  law.  The  services  offered  by  PES  to  workers  and 
employers include labour market information, support for job search, counselling, vocational 
guidance,  placement  and  support  of  occupational  and  geographic  mobility.  PES  are  also 
frequently in charge of unemployment and other social benefit systems. The efficiency of PES 
is an essential factor for successful employment policies. 

Strengthening cooperation between PES in the EU has been recognised as a crucial element to 
achieve the employment targets of the Europe 2020 Strategy1. The Commission has regularly 
advocated for the modernisation of  PES service delivery, for partnerships between PES and 
other employment services, and for transforming PES into "transition management agencies" 
delivering  a  new  combination  of  "active"  and  "passive"  employment  policies2.  The  Council 
recently called for partnerships between public and private employment services, employers, 
social partners and youth representatives when delivering youth guarantee schemes3. PES are 
also directly addressed in the current European guidelines for the employment policies of the 
Member States, the ‘employment guidelines’4. 

Shrinking  public  budgets  and  the  need  for  increased  PES  cost-effectiveness  have  prompted 
several Member States to undertake PES reforms in the shape of mergers with unemployment 
benefit  providers,  outsourcing  of  services  to  private  providers,  regionalisation  and 
municipalisation  of  employment  services,  and  enhancing  service  delivery  through  ICTs  and 
self-service tools. At the same time, PES expenditure (excluding unemployment benefits) is 
constantly  changing:  a  regular  survey  among  PES5  revealed  that  between  2007  and  2010 
expenditure increased, whilst in 2011 it mostly decreased. The latest budget projections show 
that the majority of PES anticipate higher expenditure in 2013 than in the previous year. 

Due  to  national  diversity  in  terms  of  PES  business  models,  instruments,  labour  market 
conditions and legal context PES have different levels of effectiveness when delivering labour 
market  programs.  While  Member  States  remain  responsible  for  organising,  staffing  and 
running  their  PES,  this  legislative  proposal  establishes  a  European  Network  of  Public 
Employment  Services  providing  a  platform  for  comparing  their  performance  at  European 
level, identifying good practices and fostering mutual learning in order to strengthen service 
capacity and efficiency. Experience has shown that Member States do not engage sufficiently 
in mutual learning and benchmarking activities by themselves. 

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4 

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Communication  from  the  Commission,  Europe  2020,  a  strategy  for  smart,  sustainable  and  inclusive 
growth, COM(2010) 2020 final 
Communication  from  the  Commission,  An  Agenda  for  new  skills  and  jobs:  A  European  contribution 
towards  full  employment,  COM  (2010)  682  final,  Communication  from  the  Commission  "Towards  a 
job-rich recovery", COM(2012) 173 final 
EPSCO conclusions 28 February 2013  
Council  decision  on  guidelines  for  the  employment  policies  of  the  Member  States,  2010/707/EU,  21 
October 2010 
PES Crisis response questionnaire 2010-2013, European Job Mobility Laboratory 

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PES collaboration at EU level dates back to 1997 when the Commission set up an informal 
advisory  group  of  PES  in  order  to  promote  cooperation,  exchange  and  mutual  learning 
between its member organisations6 and to receive specialist feedback on policy initiatives in 
the employment field. Despite progress over the years the current co-operation model shows 
considerable limitations. 

Participation  of  national  PES  in  these  activities  remains  voluntary,  thus  hampering  the 
prospects  of  early  identification  of  low  performance  by  PES  and  potential  structural  labour 
market  problems  deriving  from  this.  A  reporting  mechanism  is  also  missing,  meaning  that 
policy designers at national and EU-level are not systematically informed about the results of 
the existing benchmarking and mutual learning practices. 

Efforts to make PES more comparable by clustering them according to business models have 
not succeeded so far. The linkages between benchmarking and mutual learning activities are 
weak and inconsistent and the evidence-base for the activities of the existing Mutual Learning 
Programme is not scientifically robust. Participation in mutual learning is limited to a small 
group of PES and therefore the effects are not sufficiently widespread. 

PES  are  required  to  adapt  their  organisation  models,  business  strategies  and  processes  to  a 
rapidly changing if they are to become "learning organisations" and contribute to the work of 
the  Employment  Committee.  In  its  recent  document  "PES  Strategy  EU  2020"7  –  the  PES 
Network identified five key areas for change to achieve the goals of the Europe 2020 strategy. 
i)  connect  with  the  demand  side;  ii)  adopt  a  conductor  role  by cooperation/partnerships;  iii) 
develop  skills  oriented  operations;  iv)  pursue  sustainable  activation  outcomes  v)  improve 
careers. 

This legislative proposal aims to expand, reinforce and consolidate on-going initiatives for the 
benefit of all PES. A proposal for enhanced cooperation between PES constitutes a concerted 
action to modernise and empower them to successfully act in unison in the face of the current 
economic crisis. 

A  European  network  of  PES  established  on  solid  legal  ground  would  be  able  to  increase 
comprehensively coordinated activities among PES and provide the network with legitimacy 
to  act.  A  formalised  structure  is  the  pre-condition  to  increase  the  network’s  potential  to 
contribute to the development of innovative, evidence-based policy implementation measures 
in  line  with  the  Europe  2020  objectives.  It  will  also  facilitate  the  implementation  of  labour 
market  projects  financed by the  European  Social Fund (ESF). The proposed initiative could 
contribute to improved cost-efficiency. 

The  PES  Network  established  under  this  Decision  will  carry  out  initiatives  in  the  nature  of 
incentive  measures  designed  to  improve  cooperation  between  Member  States  in  the 
employment field. These come in addition to the co-operation of PES within EURES on basis 
on Article 45 and 46 of the Treaty.  

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The group comprises the PES of the EU Member States, Norway, Iceland and Liechtenstein (EEA) 
Public Employment Services’ Contribution to EU 2020, PES 2020 Strategy Output Paper, 2012 

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2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS  

In accordance with the greater emphasis placed on evidence-based  policy  development, this 
proposal is founded on a number of evaluation studies and stakeholder consultations.  
Of  particular  relevance  were:  Studies  on  PES  business  models8,  on  PES  performance 
measurement  systems  and  geographical  labour  mobility9,  on  the  role  of  the  PES  related  to 
‘flexicurity’10,  on  the  role  of  PES  related  to  anticipating  skill  needs  of  the  labour  force  and 
equipping people for new jobs11. The results of the PES mutual learning programme12 and the 
results of the PES crisis response questionnaire 2009-201313 have been taken into account as 
well as results of the current PES benchmarking project14, co-financed by the Commission.  

The future of the PES benchmarking initiative was discussed several times in 2012 and 2013 
with the current advisory group of PES. A consultation of the group on major elements of this 
proposal  took  place  in  March  and  May  2013;  the  members  were  invited  to  comment  on 
potential objectives, initiatives and policy options of this proposal.  

In January 2013 the group issued a discussion note 'Towards an integrated European Public 
Employment Services bench-learning initiative". The informal meeting of Employment, and 
Social  Ministers  ("informal  EPSCO")  and  the  Employment  Committee  (EMCO)  discussed 
this PES note. The informal EPSCO acknowledged that greater and more focused cooperation 
between the PES would lead to an improved sharing of best practice and asked for a detailed 
proposal on a 'bench learning' initiative.15  

The  above-mentioned  consultations  and  studies  confirm  that  there  is  general  agreement 
among  stakeholders  on  the  need  for  enhanced  co-operation  among  PES.  All  PES  should 
become active players within the network. Equally, there was broad support for extending the 
scope  of  the  benchmarking  mechanism  and  for  better  linking  the  benchmarking  and  mutual 
learning activities. 

PES  have  also  been  involved  in  a  timely  and  transparent  manner  in  the  run  up  to  the 
announcement  of  this  Decision  in  the  CWP  2013-14  and  the  more  in-depth  preparations  of 
this text herewith presented. Their views have been gathered both in written form and through 
open  consultation  meetings  and  have  been  considered  in  relation  to  key  aspects  of  direct 
concern to them i.e.: initiatives/activities of the network; governance structure of the network; 
role  of  the  Commission;  cooperation  with  other  employment  service  providers  and 
cooperation with the Council in particular the Employment Committee (EMCO). 

Given  that  the  legislative  proposal  will  mostly  have  indirect  impacts  and  that  the  main 
technical  elements  of  the  benchmarking  and  mutual  learning  initiative  will  be  defined  in  a 

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Study on PES business models, European Job Mobility Laboratory 2012 
PES performance measurement systems and geographical labour mobility, Ecorys 2012 
The role of the Public Employment Services related to ‘Flexicurity’ in the European Labour Markets, 
Danish Technological Institute, 2009 
Anticipating skill needs of the labour force and equipping people for new jobs - Which role for Public 
Employment  Services  in  early  identification  of  skill  needs  and  labour  up-skilling?  Danish 
Technological Institute, 2010  
'PES  to  PES  Dialogue'  is  the  European  Commission’s  mutual  learning  support  programme  for  public 
employment services, more information is available on: 
http://ec.europa.eu/social/main.jsp?catId=964&langId=en  
PES Crisis response questionnaire 2010-2013, European Job Mobility Laboratory 
The  PES  Benchmarking  project  is  a  voluntary  PES  project,  co-financed  by  PROGRESS,  more 
information is vailable on http://www.pes-benchmarking.eu/english/about.asp?IdPageLv=1 
Informal meeting of EPSCO Ministers, Dublin, 7-8 February 2013.  

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Delegated  act,  an  impact  assessment  was  considered  not  to  be  proportionate.  Equally,  no 
budgetary impacts are to be expected. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

The  right  to  act  derives  from  Article  149  of  the  Treaty  on  the  Functioning  of  the  European 
Union which states that "the European Parliament and 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,  in  particular  by  recourse  to 
pilot projects. ….". 

Union  action  is  also  justified  on  the  ground  that  the  legislative  proposal  on  enhanced 
cooperation  between  PES  will  contribute  to  the  objectives  of  the  treaty,  notably  promoting 
full employment (Art. 3 TEU). 

The  entire  proposal  on  enhanced  cooperation  between  PES  is  an  incentive  measure  in  the 
sense of Article 149. In light of the nature of the incentive measure proposed the choice of the 
legal  instrument  –  a  Decision  of  the  European  Parliament  and  of  the  Council  –  is  the  most 
appropriate.  

Increased  cooperation  by  incentivising  the  PES  to  work  together  on  specific  initiatives 
complies  with  the  subsidiarity  principle  in  so  far  as  it  seeks  to  provide  support  to  Member 
States  to  modernise  their  Public  Employment  Services  within  the  context  of  the  current 
economic crisis and with a view to reaching the Europe 2020 employment target. 

Overall,  in  the  area  of  PES  coordination  there  is  an  added  value  in  Union's  interventions 
compared  to  Member  States  acting  alone.  Public  Employment  Services  have  a  mandate  to 
pursue national interests and priorities; they normally do not interact in an EU-wide context. 
The  benchmarking  and  mutual  learning  activities  on  EU  level  add  value  to  similar  smaller 
scale  level  activities  of  possibly  only  a  few  national  PES  volunteering  to  shape  EU  wide 
cooperation. 

The proposal conforms with the proportionality principle since it is proposed in the form of an 
incentive  measures  for  Public  Employment  Services  and  its  duration  is  limited  to  the  time 
span of the Europe 2020 strategy as agreed by the Council.   

4. 

BUDGETARY IMPLICATION  

The Commission's proposal for a Multi-Annual Financial Framework includes a proposal of a 
EUR  958,  19  million  on  a  European  Union  Programme  for  Social  Change  and  Innovation 
(PSCI)  for  the  period  2014-2020.  Funding  for  the  enhanced  cooperation  between  PES  will 
come  from  the  PSCI/PROGRESS/Employment  section.  An  indicative  annual  amount  of  4 
Mio  EUR  is  foreseen  for  the  above  described  incentive  measure.  Around  3  Mio  EUR  are 
foreseen for the benchmarking and mutual learning activities; several calls for tenders might 
be  published.  Up  to  1  Mio  EUR  is  likely  to  be  used  for  network  meetings  and  scientific 
studies on PES issues.  

The legislative proposal is budget-neutral and does not require additional staff resources. The 
COM staff – 2 ½ FTE - currently working in DG EMPL on PES issues will become the PES 

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Network Secretariat.   

5. 

DELEGATED ACTS 

The  legislative  proposal  includes  a  provision  to  grant  the  Commission  the  power  to  adopt 
delegated  acts.  This  will  mainly  concern  a  delegated  act  for  putting  in  place  the  general 
framework for the implementation of the benchmarking and mutual learning initiatives. 

The choice of using the legal instrument of delegated acts is justified as this will complement 
the basic act with more detailed non-essential elements, in this case the general framework for 
the implementation of the benchmarking and mutual learning initiatives. 

The general framework will include the technical elements of the benchmarking systems such 
as  the  methodology,  the  basic  quantitative  and  qualitative  indicators  to  assess  the  outputs, 
outcomes,  impact  and  costs  of  the  different  PES  business  models,  processes,  performances 
and tools as well as other criteria for identification of best practices. It will define the monthly 
and/or  annual  data  delivery  requirements  for  the  PES,  the  learning  instruments  of  the 
integrated mutual learning programme such as workshops, peer reviews, technical assistance, 
study visits and the terms for participation in the benchmarking and mutual learning activities.

It is planned to externalise the data collection and analysis of the benchmarking exercise. The 
PES  will  be  associated  to  this  process  in  order  to  ensure  ownership  of  the  benchmarking 
results.  

Subject to agreement by the PES it is anticipated that major parts of the current voluntary PES 
benchmarking  projects  can  be  used.  There  are  time  series  available  for  several  indicators 
measuring  the  transitions  of  jobseekers  into  employment  such  as  transition  to  employment 
from  unemployment,  transition  to  employment  before  unemployment  lasts  long,  transition 
from  training  measures  to  employment.  Access  to  vacancies  and  match  with  suitable 
candidates as well as satisfaction of jobseekers and employers with the provided services are 
also measured with several indicators. 

Additional  indicators  and  context  variables  will  need  to  be  defined  in  order  to  assess  the 
interdependence between business models and processes against results. 

The general framework will define most elements of the benchmarking and mutual learning 
activities.  Technical  details  that  may  change  over  time  will  be  included  in  the  annual  work 
programme of the PES network.  

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2013/0202 (COD) 

Proposal for a 

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

On enhanced co-operation between Public Employment Services (PES) 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 149 thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 
Having regard to the opinion of the European Economic and Social Committee16,  
Having regard to the opinion of the Committee of the Regions17,  

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

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19 

On  17  June  2010  the  European  Council18  endorsed  the  Commission  proposal  for  a 
Europe  2020  Strategy  for  jobs  and  smart,  sustainable  and  inclusive  growth19.  The 
European Council advocated full mobilisation of the appropriate EU instruments and 
policies  to  support  achievement  of  the  common  objectives  and  invited  the  Member 
States to step up coordinated action. The Public Employment Services (PES) have a 
central role in achieving the Europe 2020 target of 75 % employment rate for women 
and men aged 20 to 64 by 2020. 

Article  45  of  the  Treaty  secures  the  freedom  of  movement  for  workers  within  the 
Union  while  Article  46  sets  out  the  measures  to  bring  about  this  freedom,  in 
particular  by  ensuring  close  cooperation  between  the  PES.  The  PES  Network 
established  under  this  Decision,  however,  covers  besides  general  aspects  of 
geographical  mobility  a  wide  range  of  objectives  and  initiatives  in  the  nature  of 
incentive measures designed to improve cooperation between Member States in the 
employment  field.  Art  149  of  the  Treaty  is  therefore  the  appropriate  legal  base  for 
this Decision. 

In accordance with Article 148(4) of the Treaty on the Functioning of the European 
Union, the Council adopted guidelines for employment policies on 21 October 2010. 
These integrated guidelines give orientations to the Member States on defining their 
national  reform  programmes  and  on  implementing  reforms.  The  employment 
guidelines  form  the  basis  for  country-specific  recommendations  that  the  Council 

OJ C , , p. . 
OJ C , , p. . 
Nr: EUCO 13/10 dated 17/6/2010.  
Communication  from  the  Commission  Europe  2020  –  A  strategy  for  smart,  sustainable  and  inclusive 
growth, COM (2010) 2020 of 3 March 2010.  

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(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

addresses  to  the  Member  States  under  Article  148(4)  of  the  TFEU.  In  recent  years 
these  have  included  specific  recommendations  on  the  functioning  and  capacity  of 
PES and the effectiveness of active labour market policies in Member States. 

These recommendations would benefit from being further supported by an enhanced 
evidence-base,  feedback  on  success  of  policy  implementation  and  co-operation 
between the PES of Member States. To this end, the PES Network to be established 
under this Decision should carry out concrete initiatives such as common evidence-
based  benchmarking  systems,  corresponding  mutual  learning  activities,  mutual 
assistance between the network members and the implementation of strategic actions 
for  the  modernisation  of  PES..  The  specific  knowledge  of  the  network  and  its 
individual members should also be used to provide, upon request of the Employment, 
Social Policy, Health and Consumer Affairs Council (EPSCO) and the Employment 
Committee (EMCO), evidence for the development of employment policies. 

The  informal  meeting  of  EPSCO  ministers  acknowledged  that  greater  and  more 
focused  cooperation  between  the  PES  would  lead  to  an  improved  sharing  of  best 
practice and asked for a detailed proposal on a 'bench learning' initiative.20  

The PES Network established under this Decision should work in close co-operation 
with EMCO based on Article 150 TFEU and contribute to its work as a provider for 
factual evidence and reports on policy implementation. Contributions from the PES 
Network  to  the  Council  will  be  channelled  through  EMCO.  In  particular,  the 
combined  knowledge  of  the  PES  Network  on  delivery  aspects  of  employment 
policies  and  the  comparative  analysis  of  PES  can  serve  policy  decision  makers  at 
both national and Union level in the assessment and design of employment policies.  

The PES network should contribute to the implementation of policy initiatives in the 
employment  field  such  as  the  Council  Recommendation  on  Establishing  a  Youth 
Guarantee21.  The  network  may  also  support  initiatives  aimed  at  facilitating  the 
transition  from  education  and  training  to  work,  including  through  enhanced 
transparency of skills and qualifications. 

The PES Network should reinforce co-operation between its members, develop joint 
initiatives aimed at exchanges of information and best practices in all areas covered 
by  PES,  comparative  analysis  and  advice  as  well  as  promotion  of  innovative 
approaches in the delivery of employment services. By establishing this network an 
inclusive,  evidence-based  and  performance-oriented  comparison  of  all  PES  leading 
to the identification of best practices will be possible. With these results members of 
the network should be able to shape the design and delivery of employment services 
within  their  specific  responsibilities.  The  initiatives  carried  out  by  the  Network 
should improve PES effectiveness and allow for more efficient public spending. 

In  order  to  put  in  place  a  general  framework  for  the  implementation  of  the 
benchmarking and mutual learning initiatives, the power to adopt acts in accordance 
with Article 290 of the Treaty on the Functioning of the European Union should be 
delegated  to  the  Commission  in  respect  of  defining  the  technical  elements  of  the 
benchmarking  systems  and  mutual  learning  activities.  This  should  include  the 
methodology,  the  basic  quantitative  and  qualitative  indicators  to  assess  PES 
performance, the learning instruments of the integrated mutual learning programme 
and the terms for participation in these initiatives. . It is of particular importance that 

20 
21 

Informal meeting of EPSCO Ministers, Dublin, 7-8 February 2013.  
Council Reccommendation on establishing a Youth Guarantee (7123/13) 

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the  Commission  carry  out  appropriate  consultations  during  its  preparatory  work, 
including  at  expert  level,  in  particular  PES  experts.  The  Commission,  when 
preparing  and  drawing-up  delegated acts, should  ensure a simultaneous, timely and 
appropriate  transmission  of  relevant  documents  to  the  European  Parliament  and 
Council. 

Due to the variety of PES models, tasks and forms of service delivery it is up to each 
Member  State  to  nominate  from  the  senior  management  of  its  Public  Employment 
Services  one  member  for  the  Board  of  the  PES  Network.  Where  applicable  the 
member  should  represent  in  the  Board  the  other  Public  Employment  Services  from 
the  Member  State.  The  appointed  members  should  have  the  capacity  to  take 
decisions on behalf of their sending organisations. In order to ensure an involvement 
of all PES in the workings of the Network, activities should be open to all levels of 
participation.  

The PES Network should build on the experience of and replace an existing informal 
advisory group of EU/EEA PES that the Commission has supported since 1997. The 
views of this group have been taken into account in the drafting of this Decision. 

The  key  areas  for  action  identified  by  this  informal  expert  group  in  its  paper  “PES 
Strategy 2020"22 should serve as an orientation for putting into practice the envisaged 
concept for modernisation and strengthening of PES. 

The PES Network should provide mutual assistance to the benefit of its members and 
help support each other in the modernisation of organisational structures and service 
delivery by enhancing co-operation, in particular transfer of knowledge, study visits, 
and staff exchanges.  

The  PES  Network  and 
PROGRESS/employment  section  of  the 
Innovation' within the appropriations set by the budgetary authority.  

the 
funded 
'Programme  for  Social  Change  and 

should  be 

initiatives 

through 

its 

For projects developed by the network or identified in the mutual learning activities 
and then implemented in the individual PES, Member States have access to funding 
from the European Social Fund (ESF), the Regional Development Fund (ERDF) and 
Horizon 2020. 

(10) 

(11) 

(12) 

(13) 

(14) 

(15) 

(16) 

The Commission will take the necessary administrative steps to set up the network.  

22 

Public Employment Services’ Contribution to EU 2020, PES 2020 Strategy Output Paper, 2012.  

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HAVE ADOPTED THIS DECISION: 

Article 1 
Establishment 

An EU wide network of Public Employment Services (PES) - hereinafter referred to as 'the 
Network' - is established for the period expanding from 1 January 2014 to 31 December 2020. 
The Network will carry out initiatives as defined in Article 3. 

The Network comprises: 

(a) 

(b) 

the Public Employment Services as nominated by the Member States, and 

the Commission.  

Member States with regional autonomous Public Employment Services shall ensure adequate 
representation in the specific initiatives of the Network. 

Article 2 
Objectives 

Through this Network the incentive measure herewith foreseen shall contribute to: 

(a) 

(b) 

(c) 

(d) 

(e) 

the implementation of the Europe 2020 strategy for jobs and smart, sustainable and 
inclusive growth, and its headline targets especially those dealing with employment; 

the better functioning of the labour markets in the EU;  

the better integration of labour markets;  

increased geographical and occupational mobility; 

combatting of social exclusion and integration of persons excluded from the labour 
market. 

1. 

The Network shall in particular: 

Article 3 
Initiatives of the Network  

(a)  Develop and implement European wide evidence-based benchmarking systems 
among  public  employment  services  based  on  the  use  of  quantitative  and 
qualitative indicators to assess PES performances and to gather evidence with a 
view  to  establishing  an  appropriate  mutual  learning  vehicle.  It  shall  also 
participate  actively  in  the  implementation  of  these  activities  by  sharing  data, 
knowledge and practices.  

(b)  Provide mutual assistance, either in the form of peer-to-peer or group activities, 
through  cooperation,  exchanges  of  information,  experience  and  staff  between 
its members including support for the implementation of PES-related country-
specific recommendations issued by the Council.  

(c)  Adopt and implement a concept for modernising and strengthening PES in key 

areas. 

(d)  Prepare reports in the employment field, at the request of either the Council, or 

the Commission or on its own initiative. 

(e)  Contribute to the implementation of policy initiatives in the employment field.  

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(f)  The Network shall adopt and implement an annual programme that spells out 
its  working  methods,  deliverables  and  additional  details  related  to  the 
implementation of the benchmarking systems. 

2. 

The Network shall establish a reporting mechanism in relation to the initiatives 3.1.a 
and 3.1.b. In accordance with this provision network members shall report annually 
to the network.  

Article 4 
Cooperation 

The  Network  shall  cooperate  with  labour  market  stakeholders  including  other  providers  of 
employment  services  by  involving  them  in  relevant  activities  and  meetings  of  the  Network 
and by exchanging information and data.  

Article 5 
Functioning of the Network 

1. 

2. 

3. 

4. 

The  Network  shall  be  governed  by  a  Board  for  which  each  Member  State  shall 
nominate  from  the  senior  management  of  its  Public  Employment  Services  one 
member and one alternate member. The Commission shall appoint one member and 
one  alternate  member  for  the  Board.  Alternate  members  shall  replace  the  members 
whenever necessary. 

A  Chair  and  two  Vice-Chairs  shall  be  appointed  from  among  the  PES  members  of 
the  Board;  the  chair  will  represent  the  Network.  The  Vice-Chairs  shall  replace  the 
chair whenever necessary 

The Board shall adopt its Rules of Procedure by unanimous decision containing, inter 
alia,  the  decision-making  arrangements  of  the  Board,  the  provisions  on  the 
appointment  and  term  of  office  of  the  Chair  and  Vice-Chairs  of  the  network.  The 
Board  shall  adopt  by  majority  decision  the  annual  work  programme  including  the 
setting  up  of  working  groups  and  the  language  arrangements  of  the  Network 
meetings, and the annual network report that should be published. 

The  Board  will  be  assisted  by  a  Secretariat  provided  by  and  based  within  the 
Commission.  The  Secretariat  will  prepare  in  cooperation  with  the  Chair  and  Vice-
chairs the Board meetings, the annual work programme and the annual report. 

Article 6 
Financial Support for this incentive measure 

The global resources for the implementation of this Decision shall be established within the 
framework of the Programme for Social Change and Innovation, the annual appropriations of 
which  shall  be  authorised  by  the  budgetary  authority  within  the  limits  of  the  Financial 
Framework. 

Article 7 
Adoption of a general framework  

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with  Article  8 
concerning  a  general  framework  for  the  delivery  of  the  benchmarking  and  mutual  learning 
initiatives  as  defined  in  Article  3.1  including  the  methodology,  the  basic  quantitative  and 
qualitative  indicators  to  assess  PES  performance,  the  learning  instruments  of  the  integrated 

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mutual learning programme and the terms for participation in these initiatives. 

Article 8 
Exercise of the delegation 

1. 

2. 

3. 

4. 

5. 

The  power  to  adopt  delegated  acts  is  conferred  on  the  Commission  subject  to  the 
conditions laid down in this Article.  

The  delegation  of  power  referred  to  in  Article  7  shall  be  conferred  on  the 
Commission for seven years of time from the date the Decision takes effect 

The delegation of power referred to in Article 7 may be revoked at any time by the 
European Parliament or by the Council. A decision of revocation shall put an end to 
the  delegation  of  the  power  specified  in  that  decision.  It  shall  take  effect  the  day 
following  the  publication  of  the  decision  in  the  Official  Journal  of  the  European 
Union  or  at  a  later  date  specified  therein.  It  shall  not  affect  the  validity  of  any 
delegated acts already in force. 

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to 
the European Parliament and to the Council.  

A  delegated  act  adopted  pursuant  to  Article  7  shall  enter  into  force  only  if  no 
objection  has  been  expressed  either  by  the  European  Parliament  or  the  Council 
within a period of 2 months of notification of that act to the European Parliament and 
the Council or if, before the expiry of that period, the European Parliament and the 
Council  have  both  informed  the  Commission  that  they  will  not  object.  That  period 
shall  be  extended  by  2  months  at  the  initiative  of  the  European  Parliament  or  the 
Council. 

Article 9 
Review 

Four years after its entry into force, the Commission shall submit a report on the application 
of this Decision to the European Parliament, the Council, the European Economic and Social 
Committee and the Committee of Regions. The report shall in particular assess to what extent 
the  network  has  contributed  to  the  achievement  of  the  objectives  set  out  in  article  2  and 
whether it fulfilled its tasks. 

Article 10 
Addressees 

This Decision is addressed to the Member States.  

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

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