Opinion of the Committee of the Regions — Labour Mobility and Strengthening of EURES
Date: 2014-06-25
Institutions: European Committee of the Regions
Subjects: EURES, disclosure of information, employment service, free movement of workers, job access, job application, job creation, job vacancy, labour mobility








C_2014271EN.01007001.xml










19.8.2014   


EN


Official Journal of the European Union


C 271/70





Opinion of the Committee of the Regions — Labour Mobility and Strengthening of EURES
2014/C 271/14







Rapporteur



José Ramón Bauzá Díaz (ES-EPP), President of the Government of the Balearic Islands





Reference document



Proposal for a Regulation of the European Parliament and of the Council on a European network of Employment Services, workers' access to mobility services and the further integration of labour markets
COM(2014) 6 final




I.   POLICY RECOMMENDATIONS

THE COMMITTEE OF THE REGIONS


General aspects








1.


stresses the important role that smaller territorial units within State structures play, or ought to play, in employment-market practice. In this regard, the CoR Opinion on The role of local and regional authorities in promoting growth and boosting job creation (2013/C 62/14) mentioned how local and regional authorities are often responsible for implementing policies relating inter alia to employment;










2.


welcomes the fact that for a large majority of EU citizens the right to freedom of movement represents one of the EU's finest achievements, and considers that it is essential to safeguard this right and facilitate its exercise by encouraging the free movement of workers;










3.


welcomes the Commission's proposal as an instrument for enhancing workers' access to intra-EU labour mobility support services, making it easier for all citizens to exercise their right to freedom of movement, irrespective of where they live, and helping to reduce differences in unemployment rates among the Member States;










4.


points out that the re-establishment of the EURES network in its improved version represents an important step forward in the European Union's efforts to support the Member States and their regions in the fight against unemployment;










5.


supports the Commission's decision to turn the European employment services network into a tool designed to match labour supply and demand (1);










6.


stresses the need to incorporate access to EURES services throughout the EU, both by employers and by jobseekers. The CoR therefore wishes to highlight the importance of informing citizens about the benefits of this network so that they can take advantage of its full potential. Information sessions, media campaigns and seminars will have to be held to raise awareness among EU citizens of the opportunities offered by the EURES network;










7.


stresses that the national EURES coordination offices must commit to close cooperation with local and regional authorities, which play a key role in promoting labour mobility;










8.


considers that the specific problems facing cross-border workers (social security, tax and insurance) justify the existence of the EURES cross-border partnerships, which play a key advisory role in border regions (2); is therefore concerned that the Commission proposals could lead to dual supervision of these EURES cross-border partnerships: firstly at financial level, by assigning to the national coordination offices the resources committed under the EU programme for employment and social innovation (EaSI) for EURES cross-border partnerships; secondly, through the establishment, in Article 8 of the regulation now being proposed, of a national procedure for authorising these EURES cross-border partnerships, in contradiction with the provision made in Article 21a of Regulation 1296/2013 of 11 December 2013 on a European Union programme for Employment and Social Innovation (EaSI), which gives the services territorially responsible for border regions the responsibility of proposing the development and activities of EURES cross-border partnerships;










9.


reaffirms the need to ensure that extending the EURES network into a pan-European support system for job placement and recruitment does not involve any curtailment of its advisory functions: the assistance provided by EURES advisers with respect to practical questions about work and social security abroad should continue to have priority (3);






Concerning labour mobility








10.


reaffirms the need to promote measures to foster a European labour market by making it easier for EU citizens and workers to move across borders by setting up systems to recognise the equivalence of professional skills, removing fiscal barriers, exporting unemployment benefits and making pension rights transferable (4);










11.


notes that in the present socio-economic context, and with a view to achieving the employment goals set out in the Europe 2020 Strategy, the proposed modernisation of EURES is a practical contribution to current efforts to find innovative ways of raising employment levels;










12.


points out the benefits of labour mobility as an adjustment mechanism in the current economic context and highlights the importance of a network such as EURES, which helps to reduce the incidence of unfair competition practices based on employing EU migrant workers;










13.


points out in this regard that according to the European Vacancy Monitor, despite the high rate of unemployment in Europe, two million job vacancies remained unfilled in the first quarter of 2013. A recent study by the Commission shows that non-active EU migrants form a very small proportion of the total population in each Member State and represent only between 0.7 % and 1.0 % of the total EU population;










14.


notes that while in the past the EU has focused on creating a legal framework for the single market to guarantee the right to freedom of movement for all EU citizens, it has not made quite the same effort to ensure that they are actually able to exercise this right since Member States have been allowed considerable latitude in interpreting the rules in force, which they are applying very restrictively in the current crisis;










15.


accordingly, calls on the Commission to put forward measures to promote and facilitate freedom of movement for persons within the EU and to draw up clear, practical rules on the coordination of social security regimes in the EU, so as to render citizens' rights fully effective;






Concerning reforms to the EURES network



Technical/legal aspects of the proposed regulation







16.


considers that the proposed regulation should clarify the situation of countries within the EURES network that do not form part of the European Union but are part of the European Economic Area, as well as the situation of Switzerland;










17.


considers that technical clarification of the proposed regulation will ensure that it is applied more effectively by Member States and their regions, by EURES Members and, in particular, by EURES Partners, and will ensure better coordination among them;










18.


in this regard, asks the Commission to consider the advisability of clarifying in the proposal whether National Coordination Offices are to be integrated into the national structures of Public Employment Services and whether Member States' entrusting of the provision of support services to their Public Employment Services is a power which they have or whether, instead, the involvement of these services is compulsory in all the Member States;










19.


suggests to the Commission that it highlight the role of National Coordination Offices as State bodies in charge of EURES policy in their respective territories by clearly assigning to them all the functions allocated to the Member States under Chapters III, IV and V of the proposal;










20.


points out that it would also be appropriate to clarify such expressions as ‘appropriate partnership’, ‘caseworkers’ and ‘individual action plan’, as well as the role of EURES Partners in access to the common IT platform, and whether these partners are to apply the principles governing the common IT platform or, where appropriate, the obligations arising therefrom;










21.


asks the Commission to clarify whether the systems and procedures for the exchange of job vacancies, job applications and other information assigned to the European Coordination Office, and Member States' obligation to establish procedures for collecting and producing data on activities carried out at national level according to specified categories of common indicators, require the Commission to adopt — by means of implementing acts — technical standards and templates and procedures in order to ensure uniformity;










22.


urges the Commission to make clear who is responsible for ensuring that information is continuously updated. This is particularly important in countries where the social partners negotiate agreements that cover a number of labour market sectors.










23.


considers it especially important that the proposal lay down criteria for the composition of the National Coordination Offices and the EURES Committee to ensure coordination between these bodies and the regions of the Member States and of the European Union;










24.


urges the Commission to pay special attention to the particular situation of workers at risk of being excluded from the labour market, such as unskilled and semi-skilled workers, by including specific references to them in the text of the proposal, and thus fulfilling one of the objectives of Article 5;










25.


accordingly, suggests to the Commission that it should insist that mobility is governed by the principle of non-discrimination, that there should be express references to this in the text of the proposal and that it should provide for mechanisms to guarantee its effectiveness;





Legal policy aspects







26.


calls on the Commission to involve all the Member States and their regions in efforts to coordinate and improve the EURES network with a view to reinforcing the existing structure instead of reducing it to red tape;










27.


considers that the new structure of the EURES network requires a system of financing whose sources need to be clarified, since the ESF is a regionalised structural fund, unlike the PSCI funds;










28.


also considers that in this financing system, the particular situation with respect to the allocation of funds vis-à-vis private profit-making employment agencies that participate in the network as EURES Partners should be clarified;










29.


calls on the Commission to promote a wide publicity campaign to highlight the new improved EURES service, since in its present structure it is largely unknown to many people looking for work and to many businesses offering employment;










30.


notes that the local and regional level is often the closest to most jobseekers and employers, that the labour market is predominantly a local one (5) and that it tends to suffer serious problems at a regional or local level, such as the seasonal nature of production and therefore also of the workforce;










31.


it is therefore important to have clearly identified local and regional representatives to establish a structured dialogue and regular exchange of information with the National Coordination Offices, so that these offices can take advantage at national level of local and regional knowledge and experience, while local and regional employment services can also be kept informed about the EURES services available at national and European level;










32.


stresses that the key to the success of the EURES advisers' consultancy work lies in them having precise knowledge of the specific employment needs of the EU's regions and municipalities, and that it would therefore be advisable for the National Coordination Offices to habitually locate EURES advisers in the smallest territorial units within State structures;










33.


supports the use of EURES to ensure access to information on traineeship vacancies, recommends that it also be used as a feedback mechanism so that students can assess their experience with traineeships (6), and advocates the adoption of fresh measures to encourage open and transparent offers in the ambit of traineeships;










34.


considers that the reform of EURES services should be used to provide active support for young people, adapting its services and initiatives to make them more accessible and establishing personalised guidance and advice systems in schools, colleges and universities to support students, apprentices and young people in general and help them gain a clearer idea of what interests them, their abilities, and the job opportunities available to them;










35.


welcomes the proposal for improving EURES, in particular by introducing a Match and Map service to provide a clear geographical overview of job offers, and considers that vacancy notices should clearly identify the post offered in accordance with EQF and ESCO criteria and provide information on the essential features of the contract (i.e. whether permanent or indefinite, working hours, pay and the exact location of the work). In this regard, the Committee draws attention to the national and regional role that job agency schemes might play and suggests that these be better integrated into the Enterprise Europe Network (EEN), the regions and Chambers of Commerce (which have the advantage of strong links with the business world and of being aware of its needs and problems) (7);










36.


asks Member States to link their national qualifications systems to the European Qualifications Framework (EQF) and to make all their citizens aware of its existence by promoting its use on official certificates;










37.


accordingly, asks that the EURES portal promote the use of the Europass CV, EQF and ESCO (multilingual European Skills/Competences, qualifications and Occupations classification), with a view to incorporating these tools; and that no effort be spared to enable the EURES portal to carry out automated matching between job vacancies and applications and CVs, with translations into all EU languages and clear descriptions of the skills, competences, qualifications and occupations acquired at national level.




However, it is absolutely essential to stress that an automated system will never be able to replace the need for personal dialogue or support in matching competences and skills, and a description of these cannot always be directly translated because of language differences;






38.


points out the benefits inherent in greater mobility of workers within the EU for businesses, particularly SMEs, whose profile is mainly domestic; therefore calls on EURES to provide services specially tailored to SMEs: this might necessitate more assistance, notwithstanding the fact that these businesses often cannot afford to pay additional charges or assume the administrative costs of hiring mobile workers;










39.


stresses that insufficient knowledge of foreign languages is currently the main barrier to worker mobility within the EU; language barriers within the EU thus need to be removed, by promoting translation of all the information on the EURES portal into all the EU languages; further asks that the EURES network also be responsible for providing basic information on language courses available to workers and practical information on how to move around in the host country;










40.


considers that workers' freedom of movement within the European Union would be aided by better information on specific matters related to mobility, such as changes to or adaptations of social allowances in cases of occupational and geographic mobility within the EU and information on levels of acquired rights, the consequences of mobility and possible alternatives;





Subsidiarity and proportionality







41.


considers that the proposed regulation comes within the ambit of both the subsidiarity principle (its objective — to establish a common framework for cooperation between Member States to bring together job vacancies and make it easier to apply for them, while also facilitating a balance between labour supply and demand — cannot be sufficiently achieved by Member States on their own and can therefore, by reason of the scale and effect of the action, be better achieved at Union level) and the proportionality principle (the regulation does not go beyond what is necessary in order to achieve that objective);










42.


notwithstanding the foregoing, points out that the origin of the EURES network is strictly European and that it should in practice aim to become a real European public employment service;










43.


therefore calls on the Commission, within the bounds of subsidiarity and proportionality, to strengthen the European dimension of the EURES network, more particularly by considering the case for assigning the task of authorising EURES Partners to the European Coordination Office and, if appropriate, by replacing the possibility envisaged in the proposal for Member States to lay down obligations for EURES Partners with the establishment of binding obligations for these partners;










44.


also considers that if the EURES network is to be successful in the EU's outermost regions and islands, where unemployment rates — particularly youth unemployment rates — are high, national and EU authorities will have to pay proper attention to the specific constraints facing these regions, namely permanent structural and geographical handicaps, as they hamper occupational mobility in particular;





Final recommendations







45.


recommends and requests that the European Commission propose new tools to support the integration of mobile workers through the use of the Structural Funds;










46.


considers that the success of the EURES network demands that Member States foster its linkage with the specific interests of the EU's regions and/or municipalities; therefore recommends that the regulation require that cooperation between EURES Partners take due account of the differing characteristics of the EU's regions and/or municipalities;










47.


recommends that particular consideration be given to the fact that local and regional levels are the closest to the people and thus to jobseekers and employers, and that the labour market is therefore predominantly regional in nature.




II.   RECOMMENDATIONS FOR AMENDMENTS


Amendment 1

Recital 19






Text proposed by the Commission


CoR amendment




The legal responsibility for ensuring the intrinsic and technical quality of the information made available to the common IT platform, in particular as regards job vacancy data, is with the organisations that make the information available in accordance with the law of and/or within the standards set by the Member States. The Commission should facilitate cooperation to render possible an early detection of any fraud or abuse related to the exchange of information at European level.


The legal responsibility for ensuring the intrinsic and technical quality of the information made available to the common IT platform, in particular as regards job vacancy data, is with the organisations that make the information available in accordance with the law of and/or within the standards set by the Member States. The Commission 
should
must
 facilitate cooperation 
between all the stakeholders involved, including citizens themselves,
 to render possible an early detection of any fraud or abuse related to the exchange of information at European level
, and set up accessible mechanisms and channels for reporting irregularities
.






Reason


Published job vacancy information must be reliable and designed to protect the worker from fraud and abuse. This means that the Commission will have to involve itself and the Member States by establishing cooperation, detection and reporting mechanisms.

Amendment 2

Article 1. Subject matter






Text proposed by the Commission


CoR amendment




1.   The aim of this Regulation is to facilitate the exercise of the freedom of movement for workers within the Union in accordance with Article 45 TFEU, by establishing a common framework for cooperation between Member States and the Commission.


1.   The aim of this Regulation is to facilitate the exercise of the freedom of movement for workers within the Union in accordance with Article 45 TFEU, by means of
establishing a common framework for cooperation between Member States and the Commission
that enables the European network of Employment Services known as EURES to become an effective instrument for facilitating labour mobility within the Union.




2.   For the purpose of the first paragraph, this Regulation provides for objectives, principles and rules on


2.   For the purpose of the first paragraph, this Regulation provides for objectives, principles and rules on










a)


cooperation between Member States and the Commission on sharing data on job vacancies, job applications and CVs and on the resultant placement of workers in jobs;












a)


cooperation between Member States and the Commission on sharing data on job vacancies, job applications and CVs and on the resultant placement of workers in jobs;














b)


actions by and between Member States to facilitate the achievement of a balance between supply and demand in the labour market of the Union, with a view to promote a high level of employment;












b)


actions by and between Member States to facilitate the achievement of a balance between supply and demand in the labour market of the Union, with a view to promote a high level of employment;














c)


the functioning of a European network of employment services between Member States and the Commission;












c)


the organisation and functioning of the EURES
a European network of employment services between Member States and the Commission;














d)


related mobility support services to be provided to workers and employers.












d)



related mobility-related support services to be provided to workers and employers.










Reason


It is important to stress that the purpose of the regulation is to strengthen and boost the use of the EURES European network of employment services under the terms of Commission Decision 2003/8/EC of 23 December 2002 and Commission Implementing Decision 2012/733/EU of 26 November 2012, which will be repealed when the regulation comes into force. The proposal implicitly adopts this precept, for instance in Article 10(3), which states that public employment services which were already part of the EURES network when the regulation enters into force may be exempted from the application of Article 8 for a period of five years. Furthermore, many provisions of the EURES Charter, adopted by the European Coordination Office (2010/C 311/05, OJEU 16.11.2010) but not included among the provisions to be repealed under Article 35, may be deemed to be in force after the proposal is adopted. Lastly, the new wording of Article 1(2)(d) is designed to make it clearer.

Amendment 3

Article 2. Definitions






Text proposed by the Commission


CoR amendment




For the purposes of this Regulation, the following definitions apply:






a)


‘the public employment services’ are the organisations of the Member States, as part of relevant ministries, public bodies or corporations falling under public law, that are responsible for implementing active labour market policies and providing employment services in the public interest;










b)


‘employment services’ means any legal or natural person, lawfully operating in a Member State, which provides services for job seekers to get employed and for employers to recruit workers;






For the purposes of this Regulation, the following definitions apply:






a)


‘the public employment services’ are the organisations of the Member States, as part of relevant ministries, public bodies or corporations falling under public law, that are responsible for implementing active labour market policies and providing employment services in the public interest;










b)


‘employment services’ means any legal or natural person, lawfully operating in a Member State, whether of a public or private nature and, in the latter case, whether for profit or not for profit, which provides services for job seekers to get employed and for employers to recruit workers;














c)


‘job vacancy’ means any offer for employment, including for apprenticeships and traineeships considered as work;










d)


‘clearance’ means the exchange of information and processing of job vacancies, job applications and CVs;










e)


the ‘common IT platform’ means the IT infrastructure and related platforms set up at European level for the purpose of clearance;










f)


‘placement’ by employment services of a worker with an employer or ‘recruitment’ of a worker for an employer means the provision of services to mediate between supply and demand with the objective of filling a job vacancy;










g)


‘frontier worker’ means any worker pursuing an activity as an employed person in a Member State and who resides in another Member State to which he returns as a rule daily or at least once a week.












c)


‘job vacancy’ means any offer for employment, including for apprenticeships and traineeships considered as work;










d)


‘clearance’ means the exchange of information and processing of job vacancies, job applications and CVs;










e)


the ‘common IT platform’ means the IT infrastructure and related platforms set up at European level for the purpose of clearance;










f)


‘placement’ by employment services of a worker with an employer or ‘recruitment’ of a worker for an employer means the provision of services to mediate between supply and demand with the objective of filling a job vacancy;










g)


‘frontier worker’ means any worker pursuing an activity as an employed person in a Member State and who resides in another Member State to which he returns as a rule daily or at least once a week.










Reason


Regulatory clarity and legal certainty make it necessary to avoid an implicit element in the provision intended to define ‘employment services’ in the Member States. The purpose is to explicitly set out the various forms that these services may take, including the possibility of being for profit. This is consistent with EU case law (8) and with the Commission's understanding of employment services and services of general interest (9). This wording reflects the idea that any public policy aimed at achieving full employment has to encourage public-private cooperation at all geographical levels, opening up employment information, guidance and mediation services to private agencies.

Amendment 4

Chapter II.
(Establishment of the EURES network) and Article 3 (Establishment)






Text proposed by the Commission


CoR amendment




CHAPTER II.
ESTABLISHMENT OF THE EURES NETWORK
Article 3
Establishment
This Regulation establishes a European network of employment services (‘the EURES network’).


CHAPTER II.

ORGANISATION
ESTABLISHMENT OF THE EURES NETWORK

Article 3


Establishment


This Regulation establishes a European network of employment services (‘the EURES network’).







Reason


As explained in Amendment 2 above, the EURES network is not established by the proposed regulation: its organisation and momentum are renewed. The title of Chapter II should be amended to show its real purpose, which is the organisation of the EURES network, while Article 3 can be deleted.

Amendment 5

Article 4. Composition, roles and joint responsibilities






Text proposed by the Commission


CoR amendment




1.   The EURES network comprises the following categories of organisations:






a)


The European Commission, which is responsible for assisting the EURES network in carrying out its activities through the ‘European Coordination Office’;










b)


The EURES Members which are the bodies appointed by the Member States responsible for the application of this Regulation in the respective Member State, i.e. the ‘National Coordination Offices’;






1.   The EURES network comprises the following categories of organisations:






a)


The European Commission, which is responsible for assisting the EURES network in carrying out its activities through the ‘European Coordination Office’;










b)


The EURES Members which are the bodies appointed by the Member States responsible for the application of this Regulation in the respective Member State, i.e. the ‘National Coordination Offices’;














c)


The EURES Partners which are the organisations authorised by Member States to provide at national, regional and/or local level support with clearance and/or support services to workers and employers.












c)


The EURES Partners which are the organisations authorised by Member States to provide at national, regional and/or local level support with clearance and/or support services to workers and employers and EURES cross-border partnerships.








2.   In accordance with their respective roles and responsibilities, all organisations participating in the EURES network promote actively, in close cooperation, the opportunities labour mobility in the Union offers and seek to enhance ways and means for workers and employers to seize these opportunities at local, regional, national and European level.


2.   In accordance with their respective roles and responsibilities, all organisations participating in the EURES network promote actively, in close cooperation, the opportunities labour mobility in the Union offers and seek to enhance ways and means for workers and employers to seize these opportunities at local, regional, national and European, national and, in particular, regional and/or local level.






Reason


In Article 4(1)(c), the EURES cross-border partnerships should not be subject to a national authorisation procedure; they should therefore appear separately as a sui generis body.
The new wording of Article 4(2) is intended to stress the important role that smaller territorial units within State structures play, or ought to play, in labour market practice. The CoR opinion on The role of local and regional authorities in promoting growth and boosting job creation (2013/C 62/14) mentioned how local and regional authorities are often responsible for implementing policies relating inter alia to employment.

Amendment 6

Article 6. The responsibilities of the European Coordination Office






Text proposed by the Commission


CoR amendment




Article 6
The responsibilities of the European Coordination Office


Article 6

Functions
The responsibilities of the European Coordination Office




1.   The European Coordination Office in particular undertakes to provide the following:


1.   The European Coordination Office in particular undertakes to provide the following:










a)


the formulation of a coherent framework and the provision of horizontal support for the benefit of the EURES network, including:












a)


the organisation
formulation of a coherent framework and the provision of horizontal support to
for the benefit of the EURES network, including:














i)


the operation and development of a European job mobility portal, ‘the EURES portal’, and related IT services, including systems and procedures for the exchange of job vacancies, job applications, CVs, and supporting documents such as skills passports and the like, and other information, in cooperation with other relevant Union information, advisory services or networks, and initiatives;












i)



the operation and development of the
a European job mobility portal, i.e.‘the EURES portal’, and related IT services, including systems and procedures for the exchange of job vacancies, job applications, CVs, and supporting documents such as skills passports and the like, and other information, in cooperation with other relevant Union information, advisory services or networks, and initiatives;














ii)


information and communication activities;












ii)


information and communication activities;














iii)


a common training programme for EURES staff;












iii)


a common training programme for EURES staff;














iv)


facilitation of networking, exchange of best practice and mutual learning within the EURES network;












iv)


facilitation of networking, exchange of best practice and mutual learning within the EURES network;














b)


the analysis of geographic and occupational mobility;












b)


the analysis of geographic and occupational mobility, endeavouring to reflect regional and/or local characteristics;














c)


the development of an appropriate framework for cooperation and clearance within the Union on apprenticeships and traineeships, in accordance with this Regulation;












c)


the development of an appropriate framework for cooperation and clearance within the Union on apprenticeships and traineeships, in accordance with this Regulation;














d)


the monitoring and evaluation of EURES activity and its employment performance, in cooperation with EURES Members.












d)


the monitoring and evaluation of EURES activity and its employment performance, in cooperation with EURES Members, with particular attention to the regional and/or local dimension and, where appropriate, drawing up any proposals for improvement that it sees fit.








2.   Its multi-annual work programmes are drawn up in consultation with the EURES Coordination Group referred to in Article 11.


2.   The European Coordination Office shall adopt
Its multi-annual work programmes are drawn up in consultation with the EURES Coordination Group referred to in Article 11.






Reason


The term ‘functions’ is clearer and improves legal certainty. The amendments to Article 6(1)(a) offer a better wording in technical terms and highlight the fact that the EURES portal is already active. Having more and better information available on the smaller territorial units within State structures will make monitoring and evaluation of EURES employment performance more efficient. The Office's duties should also include the task of drawing up proposals for improvement. Lastly, it is advisable to clarify the obligation to draw up multi-annual work programmes in the text of the regulation, as the original wording of Article 6(2) does not explain the origin of the Office's obligation, which may refer implicitly to the EURES guidelines (Point 2.4.1 of the EURES Charter).

Amendment 7

Article 7. The responsibilities of the National Coordination Offices






Text proposed by the Commission


CoR amendment




Article 7
The responsibilities of the National Coordination Offices


Article 7

Functions
The responsibilities of the National Coordination Offices




1.   Each National Coordination Office is responsible for


1.   Each National Coordination Office is responsible, in particular, for










a)


cooperation with the Commission and other Member States on the clearance within the framework set out in Chapter III;










b)


organisation of the work for EURES in the Member State, including the delivery of support services in accordance with Chapter IV;












a)


cooperation with the Commission and other Member States on the clearance within the framework set out in Chapter III;










b)


organisation of the work for EURES in the Member State, including organisation of the delivery of support services, with particular attention to the regional and/or local dimension, in accordance with Chapter IV;














c)


coordination of actions by the Member State concerned and with other Member States in accordance with Chapter V.












c)


coordination of actions by the Member State concerned and with other Member States in accordance with Chapter V.








2.   The National Coordination Office also organises the implementation at national level of the horizontal support activities provided by the European Coordination Office as referred to in Article 6, where appropriate in close cooperation with the European Coordination Office and other National Coordination Offices. Those horizontal support activities are, in particular:


2.   The National Coordination Office also organises the implementation at national level of the horizontal support activities provided by the European Coordination Office as referred to in Article 6, where appropriate in close cooperation with the European Coordination Office and other National Coordination Offices. Those horizontal support activities are,
To that end, each national office shall, in particular:










a)


for the purpose of publication, including on the EURES portal, the collection and validation of information on EURES Partners operating from its national territory, their activities and the scope of the support services they provide to workers and employers;












a)


for the purpose of publication, including on the EURES portal, collect and validate
the collection and validation of information on EURES Partners operating from its national territory, their activities and the scope of the support services they provide to workers and employers;














b)


the provision of pre-training activities relating to EURES activity, the selection of staff for participation in the common training programme and in mutual learning activities;












b)



provide
the provision of pre-training activities relating to EURES activity, and select
the selection of staff for participation in the common training programme and in mutual learning activities;














c)


the collection and analysis of data related to Articles 28 and 29.












c)



draw up an annual work programme pursuant to Article 28, and collect
the collection and analyse
analysis of data provided for in Article
related to Articles 28 and 29.








3.   For the purpose of publication, including on the EURES portal, in the interest of workers and employers, the National Coordination Office validates, regularly updates and timely disseminates information and guidance available at national level on:


3.   For the purpose of publication, including on the EURES portal, in the interest of workers and employers, the National Coordination Office validates, regularly updates and timely disseminates information and guidance available at national level on:










a)


living and working conditions;










b)


administrative procedures as regards employment;










c)


the rules applicable to workers;










d)


apprenticeships and traineeships;










e)


where applicable, the situation of frontier workers in particular in cross-border regions.












a)


living and working conditions;










b)


administrative procedures as regards employment;










c)


the rules applicable to workers;










d)


apprenticeships and traineeships;










e)


where applicable, the situation of frontier workers in particular in cross-border regions.








Where appropriate, the National Coordination Office may validate and disseminate the information in cooperation with other information and advisory services and networks and appropriate bodies at national level, including those referred to in Article 5 of Directive 2013/.../EU of the European Parliament and of the Council on measures facilitating the exercise of rights conferred on workers in the context of the free movement for workers.


Where appropriate, the National Coordination Office may validate and disseminate the information in cooperation with other information and advisory services and networks and appropriate bodies at national level, including those referred to in Article 5 of Directive 2013/.../EU of the European Parliament and of the Council on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers.




4.   The National Coordination Office provides general support to the organisations participating within its own territory in the EURES network regarding collaboration with their EURES counterparts in other Member States. This includes support in case of complaints related to EURES job vacancies and recruitments, as well as cooperation with public authorities such as labour inspectorates.


4.   The National Coordination Office provides general support to the organisations participating within its own territory in the EURES network regarding collaboration with their EURES counterparts in other Member States. This includes support in case of complaints related to EURES job vacancies and recruitments, as well as cooperation with public authorities such as labour inspectorates.




5.   The National Coordination Office promotes the collaboration with stakeholders, such as career guidance services, universities, chambers of commerce and organisations involved in apprenticeships and traineeships schemes.


5.   The National Coordination Office promotes the collaboration with stakeholders, such as career guidance services, universities, chambers of commerce and organisations involved in apprenticeships and traineeships schemes.




6.   Each Member State ensures that its National Coordination Office gets the staff and other resources necessary to carry out its tasks as defined under this Regulation.


6.   Each Member State ensures that its National Coordination Office gets the staff and other resources necessary to carry out its tasks as defined under this Regulation, and properly represents the regional and/or local interests that exist within its territory.




7.   The National Coordination Office is headed by a national coordinator who is a member of the Coordination group referred to in Article 11.


7.   The National Coordination Office is headed by a national coordinator who is a member of the Coordination group referred to in Article 11.






Reason


The changes to the Article's title and to the first part of Article 7(1) are consistent with the preceding amendment. The new wording of Article 7(1)(b) provides a technical improvement — rather than providing support services, National Offices organise the provision of them — but also seeks to strengthen the regional dimension of the support services provided by EURES Partners. The amendments to Article 7(2) and to the first part of Article 7(3) also provide technical improvements. Lastly, the new wording of Article 7(6) is again designed to ensure that all questions relating to labour mobility are dealt with as locally as possible.

Amendment 8

Article 8. Authorisation of EURES Partners






Text proposed by the Commission


CoR amendment




1.   Each Member State shall set up a system to authorise EURES Partners to participate in the EURES network, monitor their activities and their compliance with national and Union law when applying this Regulation. This system shall be transparent, proportionate and respect the principles of equal treatment for applicant organisations and due process of law.


1.   Each Member State shall set up a system to authorise EURES Partners to participate in the EURES network, monitor their activities and their compliance with national and Union law when applying this Regulation. This system shall be transparent, proportionate and respect the principles of equal treatment for applicant organisations and due process of law.

The EURES cross-border partnerships proposed by the services territorially responsible for border regions shall be exempted from this national authorisation procedure and, once established, shall be considered EURES Partners as of right.





2.   Member States inform the European Coordination Office about their national systems put in place and the EURES Partners they authorised to participate in the EURES network accordingly.


2.   Member States inform the European Coordination Office about their national systems put in place and the EURES Partners they authorised to participate in the EURES network accordingly.




3.   Any employment services lawfully operating in a Member State can request in that Member State participation in the EURES network as a EURES Partner, subject to the conditions laid down in this Regulation and to the system set up by that Member State.


3.   Any employment services lawfully operating in a Member State can request in that Member State participation in the EURES network as a EURES Partner, subject to the conditions laid down in this Regulation and to the system set up by that Member State.




4.   EURES Partners are authorised to participate in the EURES network in accordance with the minimum common criteria laid down in the Annex.


4.   EURES Partners are authorised to participate in the EURES network in accordance with the minimum common criteria laid down in the Annex.




5.   The minimum common criteria are without prejudice to the application by a Member State of additional criteria or requirements deemed necessary by the Member State for the purpose of a correct application of the rules applicable to the activities of employment services and the effective management of labour market policies on its national territory. To ensure transparency such criteria and requirements are an integral part of the system referred to in paragraph 1.


5.   The minimum common criteria are without prejudice to the application by a Member State of additional criteria or requirements deemed necessary by the Member State for the purpose of a correct application of the rules applicable to the activities of employment services and the effective management of labour market policies on its national territory. To ensure transparency such criteria and requirements are an integral part of the system referred to in paragraph 1.




6.   EURES Partners may involve other EURES Partners or other organisations in order to comply together with the criteria in the Annex. In such cases, the continued existence of an appropriate partnership is an additional condition for participation in the EURES network.


6.   EURES Partners may involve other EURES Partners or other organisations in order to comply together with the criteria in the Annex. In such cases, the continued existence of an appropriate partnership, particularly designed to resolve the specific problems of EU regions and/or municipalities, is an additional condition for participation in the EURES network.




7.   To amend the Annex, the Commission shall be empowered to adopt delegated acts in accordance with the procedure referred to in Article 33.


7.   To amend the Annex, the Commission shall be empowered to adopt delegated acts in accordance with the procedure laid down in Article 33.




8.   The Commission may, by means of implementing acts, adopt a template for the description of the national system and procedures for sharing information on national systems between Member States. Those implementing acts shall be adopted by the Commission in accordance with the advisory procedure referred to in Article 34(2).


8.   The Commission may, by means of implementing acts, adopt a template for the description of the national system and procedures for sharing information on national systems between Member States. Those implementing acts shall be adopted by the Commission in accordance with the advisory procedure referred to in Article 34 (2).






Reason


The amendment to Article 8(1) is designed to uphold the provisions on EURES cross-border partnerships on the basis in particular of Article 21a of Regulation 1296/2013 of 11 December 2013 establishing a European Union programme for Employment and Social Innovation (EaSI).
Regarding Article 8(6): Cooperation among EURES Partners or between them and other organisations to adapt to the requirements set out in the Annex to the proposed regulation could help to make EURES Partners' activities more effective. The regulation should therefore require such cooperation to take due account of the differing characteristics of the EU's regions and/or municipalities.

Amendment 9

Article 11. The Coordination Group






Text proposed by the Commission


CoR amendment




1.   The Coordination Group is composed of representatives of the European Coordination Office and the National Coordination Offices.


1.   The Coordination Group is composed of representatives of the European Coordination Office and the National Coordination Offices.




2.   The Coordination Group supports the implementation of this Regulation by exchanging information and developing guidance. In particular it helps preparing the draft technical standards and formats referred to in Articles 14(8) and 16(5).


2.   The Coordination Group supports the implementation of this Regulation by exchanging information and developing guidance. In particular it helps preparing the draft technical standards and formats referred to in Articles 14(8) and 16(5).




3.   The European Coordination Office organises the work of the Coordination Group and chairs the meetings. It invites representatives of the social partners at Union level to attend the meetings.


3.   The European Coordination Office organises the work of the Coordination Group and chairs the meetings. It invites representatives of the social partners at Union level to attend the meetings, with particular regard to the provisions of Article 28(4).







Reason


This amendment makes the regulation more cohesive. One of the main aims of allowing the social partners at Union level to attend meetings of the EURES Coordination Group is for them to be consulted on the draft work programmes that each National Coordination Office is to draw up annually.

Amendment 10

Article 18. Principles






Text proposed by the Commission


CoR amendment




1.   Member States shall ensure that workers and employers can gain access to support services at national level.


1.   Member States shall ensure that workers and employers can gain access to support services at national level.




2.   Member States shall support the development of a coordinated approach at national level to such services.


2.   Member States shall support the development of a coordinated approach at national level to such services, designed to address the specific needs of regions and/or municipalities.




3.   Member States shall ensure the provision of the support services referred to in Articles 20 to 23 through EURES Partners as follows:


3.   Member States shall ensure the provision of the support services referred to in Articles 20 to 23 through EURES Partners as follows:










a)


by the public employment services of the Member State concerned themselves, in accordance with Article 10;










b)


by organisations acting under the responsibility of the public employment services of the Member State concerned, on the basis of delegation, outsourcing or specific agreements signed either with these public employment services or other bodies on the services delivered by those organisations;










c)


through one or more EURES Partners or










d)


with a combination of points (a) to (c).












a)


by the public employment services of the Member State concerned themselves, in accordance with Article 10;










b)


by organisations acting under the responsibility of the public employment services of the Member State concerned, on the basis of delegation, outsourcing or specific agreements signed either with these public employment services or other bodies on the services delivered by those organisations;










c)


through one or more EURES Partners or










d)


with a combination of points (a) to (c).








4.   In each Member State the support services referred to in Articles 20 to 23 shall be provided at least by organisations referred to in either paragraph 3 (a) or 3 (b).


4.   In each Member State the support services referred to in Articles 20 to 23 shall be provided at least by organisations referred to in either paragraph 3 (a) or 3 (b).




5.   Support services for workers as set out in Articles 20, 22 and 23 and the assistance with registration on the EURES portal referred to in Article 17(1) are free of charge.


5.   Support services for workers as set out in Articles 20, 22 and 23 and the assistance with registration on the EURES portal referred to in Article 17(1) are free of charge.




6.   Support services for employers referred to in Articles 21 and 22 and the assistance with registration on the EURES portal referred to in Article 17(2) may be subject to fee. Any fee charged, cannot differentiate between the fees levied for EURES services and those applicable to other comparable services provided by the organisation concerned.


6.   Support services for employers referred to in Articles 21 and 22 and the assistance with registration on the EURES portal referred to in Article 17(2) may be subject to fee. Any fee charged, cannot differentiate between the fees levied for EURES services and those applicable to other comparable services provided by the organisation concerned.




7.   The EURES Partners concerned shall clearly indicate to workers and employers the range of support services they provide, where and how those services are accessible and the conditions under which access is provided, using their information channels. That information is published on the EURES portal.


7.   The EURES Partners concerned shall clearly indicate to workers and employers the range of support services they provide, where and how those services are accessible and the conditions under which access is provided, using their information channels,. That information is published on the EURES portal.






Reason


The success of the EURES network demands that Member States foster its linkage with the specific interests of the EU's regions and/or municipalities.

Amendment 11

Article 25. Exchange of information on flows and patterns






Text proposed by the Commission


CoR amendment




The Commission and the Member States monitor labour mobility flows and patterns in the Union on the basis of Eurostat statistics and the available national data.


The Commission and the Member States monitor labour mobility flows and patterns in the Union on the basis of Eurostat statistics and the available national and regional data.






Reasons


The monitoring of labour mobility flows and patterns by the Commission and Member States will produce more accurate results if it takes closer account of the differing characteristics of the EU's regions.

Amendment 12

Article 26. Exchange of information between Member States






Text proposed by the Commission


CoR amendment




1.   Each Member State shall, in particular, collect and analyse information on:


1.   Each Member State shall, in particular, collect and analyse information on:










a)


labour shortages and labour surpluses on national and sectoral labour markets and the extent to which labour mobility can address them;










b)


EURES activities at national level;










c)


the position of the EURES network on the market for recruitment services at national level as a whole.












a)


labour shortages and labour surpluses on national and sectoral labour markets and the extent to which labour mobility can address them;










b)


EURES activities at national level;










c)


the position of the EURES network on the market for recruitment services at national level as a whole.








2.   The National Coordination Offices are responsible for sharing the information within the EURES network and contributing to the joint analysis.


2.   The National Coordination Offices are responsible for sharing the information within the EURES network and contributing to the joint analysis.




3.   Taking into account the exchange of information and the joint analysis, Member States shall develop mobility policies as an integral part of their employment policies. These mobility policies provide the framework on the basis of which Member States carry out the programming referred to in Article 28.


3.   Taking into account the exchange of information and the joint analysis, Member States shall endeavour to develop mobility policies as an integral part of their employment policies. These mobility policies provide the framework on the basis of which Member States carry out the programming referred to in Article 28.




4.   The European Coordination Office sets up procedures and makes practical arrangements to facilitate the exchange of information between the National Coordination Offices and the development of joint analysis.


4.   The European Coordination Office sets up procedures and makes practical arrangements to facilitate the exchange of information between the National Coordination Offices and the development of joint analysis.






Reason


Title IX of Part Three of the TFEU, in particular Articles 147(1) and 149 in fine, confirms that although regulatory competence in the field of employment policies is formally shared between the EU and the Member States, in practice it is retained by the latter. Obliging Member States to develop mobility policies goes further than the mere setting out of guidelines (Article 148(2) TFEU) by EU lawmakers or the adoption by them of measures to support Member States' employment initiatives (Article 149 TFEU). The obligation should be replaced by a simple recommendation to Member States to intervene in this area.

Amendment 13

ANNEX
Common criteria for the authorisation of organisations seeking to act as EURES Partners
1. SERVICE DELIVERY






Text proposed by the Commission


CoR amendment










1.


Existence of adequate mechanisms and procedures to verify and ensure full respect for applicable labour standards and legal requirements, including applicable data protection law and requirements and standards on quality of job vacancy data.












1.


Existence of adequate mechanisms and procedures to verify and ensure full respect for applicable labour standards and legal requirements, including the principles of non-discrimination, particularly with respect to persons excluded from the labour market, applicable data protection law and requirements and standards on quality of job vacancy data.










Reason


The amendment is designed to safeguard the EU principles of non-discrimination (Articles 10, 19 and 45 TFEU) and the groups referred to in Article 5 of the regulation.

Brussels, 25 June 2014


The president of the Committee of the Regions

Ramón Luis VALCÁRCEL SISO




(1)  CDR789-2013_00_00_TRA_AC.

(2)  COR-2013-06863-00-00-AC-TRA.

(3)  COR-2013-06863-00-00-AC-TRA.

(4)  CDR1186-2012_00_00_TRA_AC.

(5)  CDR5278-2013_00_00_TRA_AC.

(6)  COR-2014-00111-00-00-PAC-TRA.

(7)  CDR1186-2012_00_00_TRA_AC.

(8)  The Court of Justice of the European Union has held that the activity of labour mediation is economic in nature and that monopoly of it by public services violates Community law when it can be shown that those services fail to perform their function satisfactorily (Judgment of CJEC of 11 December 1997 (Case C-55/96)) and that ‘public placement offices are manifestly unable to satisfy demand on the market for all types of activity’ (Judgment of the CJEC of 8 June 2000 (Case C-258-98)).

(9)  See Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on A Quality Framework for Services of General Interest in Europe (COM(2011) 900 final), which states that ‘over the years, the demand for services of general interest and the way they are provided has changed significantly. Services which the State traditionally delivered directly have increasingly been outsourced by national, regional and local authorities, and are now often provided by the private sector (either profit or not-for-profit)’.