CELEX: 51984PC0150(02)
Language: en
Date: 1984-02-27
Title: AMENDED PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ESTABLISHING SPECIAL MEASURES OF COMMUNITY INTEREST IN THE FIELD OF EMPLOYMENT

22.6.84                               Official Journal of the European Communities                           No C 162/5
               Amendments to the proposal for a Council Regulation establishing special measures of
                                      Community interest in the field of employment
                                                     COM(84) 150 final/2
                (Submitted by the Commission to the Council pursuant to Article 149 (2) of the EEC Treaty
                                                    on 28 February 1984)
                                                        (84/C 162/03)
THE COUNCIL OF THE EUROPEAN                                      Whereas the schemes or measures must be specified
COMMUNITIES;                                                     and supported by the information required in order to
                                                                 retain only those which are of Community interest in
Having regard to the Treaty establishing the                     the field to which they relate;
European Economic Community, and in particular
Article 235 thereof,
                                                                 Whereas the Treaty has not provided for the specific
Having       regard     to   the   proposal     from     the     powers of action required for this purpose;
Commission ('),
Having regard to the opinion of the European Par-                Whereas the implementation of the schemes or
liament,                                                         measures provided for in this Regulation should be
                                                                 subject to the control of the Commission, as well as
"Whereas the Community should establish Community                to the controls laid down by the Treaties and the
policies which make it possible to assist Member                 Financial Regulation,
States which find themselves, in their relations with
the Community, in a situation of financial imbalance
incompatible with economic efficiency;                           HAS ADOPTED THIS REGULATION:
Whereas any such imbalance should therefore be
corrected by means of expenditure in the context of                                       Article 1
Community policies;
                                                                 Special measures of Community interest relating to
Whereas the European Council has declared that high              the field of employment are hereby established in
priority should be given to employment policy, in                 1984 in the United Kingdom.
particular concerning young people;
Whereas it is therefore necessary to establish special                                    Article 2
measures of Community interest relating to the field
of employment and involving financial contributions
                                                                  1.   There special measures of Community interest
from the Community to employment measures in the
                                                                 shall be implemented by means of financial assistance
United Kingdom;
                                                                 for the implementation of schemes or measures
Whereas it is necessary to pursue an employment                  which, in pursuit of employment policy objectives
policy of which a major feature should be the                    reflecting Community priorities as agreed by the
improvement of the employment prospects of those                  Council, particularly in respect of those most affected
most       severely   affected    by   high      levels   of     by the exceptionally high level of unemployment,
unemployment;                                                     create additional job opportunities for the currently
                                                                  unemployed. These schemes or measures shall include
Whereas the schemes or measures specified in the                  in particular those which encourage early retirement
 Regulation are designed to promote additional job                for older workers and lead to the creation of job
 opportunities for the unemployed;                                opportunities for the persons most seriously affected
                                                                  by high levels of unemployment.
Whereas the Community's financial contribution
 should be in favour of schemes of Community
                                                                  2.    The schemes or measures shall be submitted to
 interest which have recently been started or are about
                                                                  the Commission together with all the information
 to the started, or of measures being carried out or
                                                                  necessary in order to assess:
 about to be carried out in connection with the
 implementation of current projects of Community
 interest;                                                        — their conformity with the terms of paragraph 1,
                                                                  — their conformity with the eligibility criteria laid
 (*) O] No C 348, 23. 12. 1983, p. 9.                                 down in Article 3,
 ---pagebreak--- No C 162/6                            Official Journal of the European Communities                               22.6.84
— their Community interest taking account of                                              Article 5
     employment strategy and the field under
     consideration,                                              1.     Appropriations relating to the special measures
                                                                 referred to by this Regulation shall be entered in the
— the possibilities of verifying the execution of each           budget of the European Communities.
     scheme or measure and of auditing expenditure.
                                                                 2.     When the implementation of the scheme or
3.      The Commission may request any additional                measure has already started, the advance payment
information necessary for the examination of the said            shall be equal to the Community share of the amount
schemes or measures.                                             already committed, as notified by the Member State
                                                                 concerned: that amount may not, however, exceed
                          Article 3                              90 % of the total Community contribution; the
                                                                 Commission shall first ensure that every scheme or
The schemes or measures shall be eligible for a                  measure has been started as required by this Regu-
financial contribution by the Community provided                 lation.
they are financed by public authorities and fulfil the
following criteria:                                              In other cases, as soon as the Commission has taken a
                                                                 decision pursuant to Article 4 (2), it will grant an
(a) they must serve to bring about the objectives of             advance of 50 %. A further advance of 40 % will be
     the Community's employment policy;                          granted once 50 % of the expenditure on the scheme
                                                                 or measure has been made.
(b) they must not be           incompatible    with  other
     Community policies;                                         3.     Payment of the 10 % balance shall be effected
                                                                 immediately after the sum referred to in paragraph 2
(c) they must not         give   rise to   distortions  of       has been used up, as certified by the United Kingdom
     competition.                                                Government, provided that implementation of the
                                                                 scheme or measure proceeds as planned and that on-
                          Article 4                              the-spot checks have been carried out in accordance
                                                                 with the procedure provided for in Article 6.
1.      The Commission shall examine the schemes or
measures submitted to it under this Regulation and                                        Article 6
shall refer them for information to the Committee
referred to in Article 7.                                        1.     The Commission shall ensure that each scheme
                                                                 or measure is implemented in accordance with this
2.      In accordance with the procedure laid down in            Regulation, with the provisions adopted for its
Article 8, the Commission shall decide on:                       application and with the Regulations adopted
                                                                 pursuant to Article 209 of the Treaty.
(a) the schemes or measures meriting Community
      assistance, in the light of the terms of Article 2         To this end, the United Kingdom shall supply the
      (1) and the criteria laid down in Article 3;               Commission with all information requested by it and
                                                                 shall take all steps with regard to Community-assisted
(b) the amount of the Community's financial con-                 schemes or measures to facilitate such supervision as
      tribution, within the limits of the appropriations         the Commission may consider appropriate, including
      available.                                                 on-the-spot checks made at its request with the
                                                                 approval of the United Kingdom by its competent
3.      The Community's overall financial contribution           authorities, in which Commission officials may parti-
may not exceed for each scheme or measure 60 % of                cipate.
the public expenditure provided for its execution.
                                                                 The United Kingdom shall make available to the
4.      Community financial contributions shall be               Commission, for a period of three years from the
made only in respect of schemes or measures initiated            transfer of the balance referred to in Article 5 (3), all
after 1 January 1983.                                            supporting documents or certified copies thereof
                                                                 relating to expenditure.
No contribution shall be made in respect of schemes
completed before the entry into force of this Regu-              2.     Where a scheme or measure is not implemented
lation.                                                           in conformity with this Regulation or departs sub-
                                                                  stantially from decisions taken for its application, the
 5.     The Commission's decisions referred to in                 Commission may suspend payments still due. In this
paragraph 2 shall be published in the Official Journal            case, it may also decide that sums already paid or still
 of the European Communities.                                     due are to be allocated, in accordance with the
 ---pagebreak--- 22.6.84                                    Official Journal of the European Communities                                 No C 162/7
procedure laid down in Article 8, to other schemes or                       3.    The Commission shall adopt decisions which
measures submitted under this Regulation. If, in the                        shall apply immediately. However, if these decisions
opinion of the Commission, no other scheme is                               are not in accordance with the opinion of the
available, it shall recover the payments made.                              Committee, they shall be communicated to the
                                                                            Council as soon as possible and at the latest within
                             Article 7                                      one month. In that event, the Commission shall defer
                                                                            application of the decisions it has adopted for not
1.    A Management Committee (hereinafter called                            more than two months from the date of such
'the Committee') is hereby established, composed of                         communication. The Council, acting by a qualified
representatives of the Member States and chaired by a                       majority, may take a different decision within two
representative of the Commission.                                           months.
2.    Within the Committee, the votes of the Member                                                         Article 9
States shall be weighted in accordance with Article
148 (2) of the Treaty. The chairman shall not vote.                         The United Kingdom shall, in agreement with the
                                                                            Commission, take the necessary steps to ensure that
                                                                            suitable publicity is given to the assistance granted
                             Article 8                                      under this Regulation.
1.    Where the procedure laid down in this Article is
to be followed, the chairman shall refer the matter to                                                      Article 10
the Committee either on his own initiative or at the                        The Commission shall twice a year report to the
request of the representative of a Member State.                            Council and to the European Parliament on the
                                                                            application of this Regulation.
2.    The representative of the Commission shall
submit drafts of decisions to be taken. The                                                                 Article 11
Committee shall deliver its opinion on the drafts
within a time limit which the chairman may fix                              This Regulation shall enter into force on the day of
according to the urgency of the questions under                             its publication in the Official Journal of the European
consideration. An opinion shall be adopted by                               Communities.
qualified majority in accordance with Article 148 (2)                       This Regulation shall be binding in its entirety and
of the Treaty.                                                              directly applicable in all Member States.
               A m e n d m e n t s to the proposal for a Council Regulation establishing special measures of
                                          C o m m u n i t y interest relating to energy strategy
                                                             COM(84) 150 final/2
               (Submitted by the Commission to the Council pursuant to Article 149 (2) of the EEC Treaty
                                                             on 28 February 1984)
                                                                (84/C 162/04)
THE COUNCIL OF THE EUROPEAN                                                 Whereas the Council resolutions of 17 December
COMMUNITIES,                                                                 1974( 2 ), of 13 February 1975 (3), and of 9 June
                                                                             1980 (4), as well as the Council recommendations of
 Having regard to the Treaty establishing the                               28 July 1982 (5) and of 24 May 1983 (6) laid down
 European Economic Community, and in particular                             certain guidelines for the Community's energy policy;
Article 235 thereof,
 Having     regard       to       the   proposal       from      the
 Commission (*),
 Having regard to the opinion of the European Par-                           (2) OJ No C 153, 9. 7. 1975, p. 2.
 liament,                                                                    (3) O J N o C 1 5 3 , 9 . 7 . 1975, p. 6.
                                                                             (4) OJ No C 149, 18. 6. 1980, p. 3.
                                                                             (s) OJ No L 247, 23. 8. 1982, p. 9.
 O OJ No C 344, 20. 12. 1983, p. 4.                                          (') OJ No L 140, 31. 5. 1983, p. 25.