CELEX: 52014PC0006
Language: en
Date: 2014-01-17
Title: 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

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		52014PC0006
		
			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/2014/06 final - 2014/0002 (COD) */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
1.           CONTEXT OF THE PROPOSAL
1.1.        The scope of the proposal 
This proposal for a Regulation aims to
enhance access of workers to intra-EU labour mobility support services, thus
supporting fair mobility and increasing access to employment opportunities
throughout the Union. 
It replaces the provisions on the exchange
of information on job vacancies, job applications and CV’s across Member States
(“clearance”) found currently in Chapter II and Article 38 of Regulation
492/2011[1]
and is based on Article 46 of the Treaty on the Functioning of the Union ('the
Treaty'). It also (re)establishes the European network of Employment Services,
called EURES, the purpose of which will be to provide assistance with job
search and recruitment across Member States. A similar network is active today
on the basis of a Commission Decision adopted in 2012[2]. Therefore, upon
adoption of this Regulation, the Commission will repeal the above Decision on
the functioning of the current EURES network. 
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 Public Employment Services ('PES'). The Commission also
recently introduced a proposal to establish a network of PES[3] to deepen cooperation
and mutual learning based on Article 149 of the Treaty. That network will cover
a wider range of objectives and initiatives in the form of incentives and is
complementary to this proposal.  
1.2.        Rationale for the proposal

Freedom of movement is one of the four
fundamental freedoms of the European Union and a core element of EU
citizenship. Article 45 TFEU enshrines the right of EU citizens to move to
another Member State for work purposes.
Mobility generates social and economic
benefits. Increased intra-EU labour mobility will widen employment
opportunities for workers and help employers fill job vacancies better and
faster. This contributes to the development of a European labour market with a
high level of employment (Article 9 TFEU). 
Intra-EU labour mobility is relatively low
when compared to the size of the labour market and the active population of the
EU. Annual mobility within the former EU27 is 0.29%, below the rates of Australia (1.5% between 8 states) and the United States of America (2.4% between 50 states)[4]. Only approximately 7.5
million of the European labour force of around 241 million (i.e. 3.1%) is
economically active in another Member State[5].
At present high unemployment rates in some Member States coexist with high
numbers of open job vacancies in others. 
There has been a significant increase in
the number of workers that indicate "firm intentions" (i.e.: the
proportion of those planning to migrate in the following 12 months) to move to
work abroad[6].
Registrations with EURES indicate that there is an increase in the number of
people looking for a job across national borders. The number of job seekers
registered on the EURES portal has increased from 175.000 to 1.200.000 between
2007 and December 2013 without a corresponding increase in job mobility.
Today only about 700.000 persons on average
move annually to work in another Member State[7],
whilst extrapolations on the surveys show that about 2.9 million EU citizens
would like to move in the following 12 months[8].
This represents a significant mobility potential and a
challenge for the EURES network.
There are many reasons why the potential
for intra-EU labour mobility remains untapped and individual citizens do not
realise their intentions to become mobile workers. Surveys[9] show that the most common practical
difficulties expected or encountered are the lack of relevant language
knowledge and the difficulties in finding a job. The EU can contribute to
addressing the latter by raising awareness on employment opportunities across the Union and developing appropriate support
services to encourage intra-EU recruitments. This will be the task of the reinforced
EURES network.
Whereas the functioning of the EURES network
was subject to some changes at the initiative of the Commission through its
2012 Decision, the Chapter II of Regulation 492/2011 which constitutes the
European regulatory framework for the clearance and information exchange
between Member States on intra-EU labour mobility has not been amended since
1992. 
A comprehensive revision is needed to
reflect new mobility patterns, enhanced requirement for fair mobility, changes
in the technology for sharing job vacancy data, the use of a variety of recruitment
channels by job seekers and employers and an increasing role of other labour
market brokers next to the Public Employment Services (PES) in the provision of
recruitment services. Fair mobility is understood as mobility which takes
places on a voluntary basis and which respects labour law and labour standards
as well as workers' rights within the Union. 
The conclusions of the 28 and 29 June 2012
European Council on the Compact for Growth and Jobs recognize the political
urgency to enhance intra EU labour mobility against the background of high
unemployment rates: "the EURES portal should be developed into a true
European placement and recruitment tool (…)". The conclusions of the
European Council of 13 and 14 December 2012 on the 2013 Annual Growth Survey
and youth employment invited the Commission to propose a new EURES  regulation.

In its 2013 EU Citizenship Report[10] the Commission
committed to put forward an initiative in 2013 to modernise EURES to enhance
the role and impact of employment services at national level and improve the
coordination of labour mobility in the EU (action 2). Modernising EURES is also
included in the Commission Communication “Free movement of EU citizens and
their families: Five actions to make a difference”[11] of 25 November 2013 as
part of the action aiming at helping local authorities apply EU free movement
rules on the ground (action 5). 
In line with the request in the above
conclusions of the 28 and 29 June 2012 European Council, the EURES network will
also be gradually extended to cover apprenticeships and traineeships. Employment
through intra-EU recruitments for young people is supported by Your first EURES
job (YfEJ). This scheme combines customised job search assistance with
financial support for travel expenses for job interviews, job settlement etc.
The Commission intends to continue to support such schemes. The proposal for a
Regulation should also reinforce the capacity of employment services to develop
partnerships to bring about more intra-EU recruitments for young people. To
ensure coherence with ongoing initiatives at EU level, such as the Grand
Coalition for Digital Jobs and the European Alliance for Apprenticeships, the
EURES network is also called upon to actively promote the development of those
initiatives.
1.3.        Shortcomings in the EURES
network 
In
line with the Employment Package[12],
the Commission adopted in 2012 a Decision to modernise and reinforce the EURES
network[13].
The Decision replaces the 2003 Commission Decision[14] and aims to create
incentives to strengthen matching, placement and recruitment activities within
the current EURES network, inter alia by opening up to Private
Employment Services ('PrES'), in as far as possible, without modifying the
legal basis (Regulation 492/2011).  Commission Implementing Decision
2012/733/EU entered into force on 1 January 2014. 
Evidence shows that the EURES network, with
about 900 advisers and a common platform for European job vacancy clearance -
the EURES portal - has helped many job seekers and employers in realising mobility
opportunities. Those who reach out to this instrument and can use the services
it offers, generally appreciate it. 
Yet it is evident that the instrument as it
functions today is not sufficiently equipped to encourage further fair mobility
patterns as part of the solutions for the imbalances on the European labour
market, particularly given the size of the EU labour force and the nature of
the challenge in the current economic situation. The following shortcomings in
the functioning of the EURES network have been identified: 
–                        
An incomplete pool of job vacancies and CVs
accessible at EU level for all Member States (transparency of labour markets);
–                        
A limited matching capability of the EURES
portal that brings job vacancies and CV's together at EU level, due to the
limited degree of semantic interoperability of data coming from national job vacancy
systems (automated matching potential);
–                        
An uneven access to EURES services across the EU
as job seekers and employers do not receive systematically all the necessary
information on EURES nor receive an offer for further assistance at the first
stage of recruitment (mainstreaming);
–                        
A limited availability to assist with matching,
recruitment and placement for those job seekers and employers who have
indicated their interest in intra-EU labour mobility, including in gaining
access to both active labour market measures and information and advice on
social security (support services); 
–                        
An inefficient information exchange between Member States on labour shortages and surpluses, hampering a more targeted practical
co-operation in the EURES network (information exchange and cooperation). 
1.4.        Objectives of the proposal

The general objective is to make the EURES
network an effective instrument for any job seeker or employer interested in
intra-EU labour mobility. The specific objectives of the proposal address the
above shortcomings as follows: 
–                        
to achieve on the EURES portal a nearly complete
supply of job vacancies, with job seekers all over Europe having instant access
to the same vacancies, in combination with an extensive pool of CV’s available
from which registered employers can recruit; 
–                        
to enable the EURES portal to carry out a good
automated matching between job vacancies and CV’s across Member States,
translating in all EU languages and understanding skills, competences, qualifications
and occupations acquired at national and sectoral level; 
–                        
to make available basic information about the
EURES network throughout the Union to any job seeker or employer seeking client
services for recruitment and to consistently offer any person interested access
to the EURES network; 
–                        
to assist any such person interested with
matching, placement and recruitment through the EURES network;
–                        
to support the functioning of the EURES network
through information exchange on national labour shortages and surpluses and the
coordination of actions across Member States.
2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS
2.1.        Consultations with Member
States 
The starting point for the 2012 Decision
was the 2010 evaluation of the EURES network[15].
In the context of the preparation towards the 2012 Decision, consultations have
taken place with Member States on current shortcomings and possible future
orientations for the EURES network. The Advisory Committee on 'Freedom of
Movement of Workers' was formally consulted on the draft Decision in the autumn
of 2012. The main aim of the Decision, to reorient the EURES services from
general information and guidance towards more matching, placement and
recruitment, was generally welcomed. All Member States have also supported the
idea of a programming cycle and common indicators on EURES activities to
increase transparency on performance, enhance information exchange and improve
the coordination of actions. 
Since then individual Member States in
expert meetings have clarified their positions on the scope of possible
implementation measures in light of national practices and constraints. As a
result of these meetings, it was agreed to adjust the approach towards opening
up the network to service providers other than the PES to allow Member States
more time and leeway on how to develop partnerships at national level.
2.2.        Consultations with
practitioners
Building on the above consultations on the
EURES network in general, questionnaires were sent out in 2013 to review
practices on the access to job vacancies at national level, the access for job
seekers and employers to the EURES network, and the organisation of matching,
placement and recruitment activities across the EURES network. The replies to
these questionnaires confirm the shortcomings identified by the Commission, as
they show a wide diversity in Member States on (a) which job vacancies are made
subject to European clearance (transparency of labour markets), (b) their
starting position for enabling automated matching, (c) how to gain access to
the EURES network in practice (mainstreaming) and (d) the actual provision of
support services. 
2.3.      Impact assessment 
In line with its policy on better
regulation, the Commission conducted an impact assessment of policy
alternatives for addressing the shortcomings identified. 
The different policy alternatives were (1)
maintaining the status quo, (2) amending Regulation 492/2011 as regards the
powers of the Commission on the implementation of its provisions, (3)
introducing a new Regulation with new provisions altogether and (4) introducing
a new Regulation with a specific Commission mandate to increase the
co-operation between public and private employment services. All options were
analysed against the general objective to make the EURES network an effective
instrument for any job seeker or employer interested in intra-EU labour
mobility.
The impact assessment demonstrated that the
first option would result in delays in the reform launched with the 2012
Decision. The second option would enable the Commission to bring forward
appropriate measures and to continue the process towards a more effective
instrument, but, in light of the constraints in some Member States, was not
expected to secure the desired outcome of the Decision without changes in
Regulation 492/2011 itself. The second option would also not fully resolve
shortcomings on automated matching, mainstreaming, support services and information
exchange and co-operation. The preferred option is therefore replacing
Regulation 492/2011 and the 2012 Decision with a stand-alone instrument
combining the provisions of the two instruments as well as addressing all
shortcomings. Within this option, a number of specific alternatives were
discarded as not being proportionate to the specific objectives. The fourth
option which would add to option 3 a mandate for the Commission to autonomously
establish partnerships with new employment services in the interest of the
EURES network as a whole was considered to go beyond what is strictly necessary
at this stage. 
The Impact Assessment Board (‘IAB’) gave an
opinion on the draft impact assessment on 5 December 2013. The opinion of the
IAB as well as the final Impact Assessment and its executive summary are
published together with this proposal. 
3.           LEGAL ELEMENTS OF THE
PROPOSAL
3.1.        Legal basis 
This proposal is based on Article 46 TFEU,
the same legal basis as Regulation (EU) No 492/2011, which allows for the
adoption of Regulations or Directives under the ordinary legislative procedure.

3.2.        Subsidiarity and
proportionality principles 
The intentions of the proposed Regulation are
closely connected to the objectives set out in Article 3(3) TEU, under which
the European Union established an internal market based on a highly competitive
social market economy, aimed at full employment and social progress, Article 9
TFEU, the promotion of a high level of employment, the guarantee of adequate
social protection and Article 45 TFEU (“the right to accept offers of
employment actually made (…) within the territory of Member States for this
purpose”). 
The individual specific measures in this
proposal are closely interconnected. They reinforce each other and should together
make the EURES network a preferred instrument of choice for any job seeker or
employer interested in intra-EU labour mobility. Insofar as these measures
entail expanding current transparency obligations, enabling automated matching,
ensuring equal access throughout the Union to the EURES network, defining more
clearly practical support services and extending current information exchange
arrangements, they are deemed to be a comprehensive but balanced response to
the different shortcomings in the current framework for cooperation. Those
measures are also adequate in light of the situation of unemployed people on
the labour markets, the needs of job seekers (“firm intentions”) and the
(technological) evolutions on the job vacancy and recruitment markets.
Each individual measure is justified per se
as a measure bringing about freedom of movement for workers identified under
Article 46 of the Treaty. Each measure either aims at improving “the close
cooperation between national employment services” (Article 46(a) TFEU) and/or at
redesigning “the appropriate machinery” to bring job vacancies in touch with
job applications (Article 46(d) TFEU). 
As clearance of job vacancies, job
applications and CV’s across borders and the resultant placement of workers both
presuppose a common framework for co-operation between organisations in
different Member States, the objectives of the proposal cannot be sufficiently
achieved by Member States alone and action at EU level is therefore required. 
In line with the principle of
proportionality, this Regulation does not go beyond what is necessary in order
to achieve the objectives. For transparency, the Member States will only make
available to the EURES portal those job vacancies and CV’s already available
nationally. Automated matching will be achieved using simple interoperability
tools and not by imposing a common classification system for use at the
national level. Mainstreaming, i.e. the integration of EURES services into the
activity of front desks of employment services, can be achieved through
standard information (online and/or paper) and only comes into play in those
situations where direct contact at the explicit request of individuals in the
target groups is made (i.e. in the case of a request for client services with
employment services). Support services can be delivered at national level
through a range of options and channels and its intensity and scope can be
conditioned depending on the individual situation of job seekers and employers.
Member States will share more systematically national information on labour
shortages and surpluses and related policies, but the decision on these
policies falls outside the scope of the Regulation. 
4.           BUDGETARY IMPLICATIONS 
The
present proposal will not result in any specific budgetary impact for the EU
budget. Any activities to be carried out by the European Commission for the
EURES network which will result in the need for human and/or financial
resources fall under the scope of the Regulation  establishing the Programme
for Employment and Social Innovation ("EaSI") (2014-2020)[16] and will be covered
within the annual budgetary allocation of this programme. 
For
the period 2014-2020, this EU programme will pay for horizontal measures such
as the EURES portal, the common training programme, targeted mobility schemes like
Your first EURES Job and the development of the European classification for
skills/competences, qualifications and occupations (ESCO). For the same period,
activities in Member States on intra-EU labour mobility are eligible under the
European Social Fund. 
5.           DETAILED OUTLINE OF THE
PROPOSAL
5.1.        Chapter I – general
provisions
This chapter defines the subject matter of
the proposal (Article 1) and its key concepts (Article 2). 
The proposal integrates into a single
framework the provisions of chapter II and Article 38 of Regulation 492/2011
and the Commission Decision 733/2012/EU on the EURES network. 
Throughout the proposal reference is made
to workers and employers as the target groups. Workers are defined with
reference to the rights conferred on citizens under Article 45 TFEU. For the
purpose of the provisions, they are citizens who are looking for a job and have
the right to take up an activity as an employed person and to pursue this
activity in the territory of another Member State. However, they may also be
third-country nationals legally residing in a Member State and having the right
to work, provided that they may move to another Member State. 
The proposal also covers these categories
of citizens when they are seeking apprenticeship or work-based traineeship opportunities
involving an employment contract. To address the request of the European
Council of 28-29 June 2012, some members of the EURES network are already exploring
on an informal basis the possibilities to extend the scope of the EURES network
to cover apprenticeships and traineeships. A pilot project will start in the course
of 2014 allowing Member States to share offers and applications on a voluntary
basis. The aim should be to gradually develop the exchange of information,
offers and applications in this area beyond situations covered by an employment
contract. 
5.2.        Chapter II – Establishment
of the EURES network 
This Chapter re-establishes the EURES
network (Article 3). It lays down its composition (Article 4(1)) and the
respective roles and responsibilities of a) the Commission (the European
Coordination Office, Article 6) b) the bodies designated by the Member States
for the application of this Regulation (the National Coordination Offices,
Article 7) and c) the organisations participating in the EURES network as
service providers (EURES Partners, Article 9). As this is a network of mutual
assistance, all these organisations share joint responsibilities (Article 4(2)).

The EURES network shall contribute to broad
policy objectives (Article 5). As an instrument facilitating intra-EU labour
mobility, it constitutes one among many solutions and policies fostering a high
level of employment. 
Article 8 establishes the framework on the
basis of which individual Member States will authorise organisations to join
the EURES network as EURES Partners, subject to the application of the minimum
common criteria set out in the Annex (Article 8(4)). This provision is the main
vehicle for broadening membership of the EURES network under this proposal. 
The aim is to establish a flexible
mechanism that enables Member States to (gradually) include in the EURES
network as many organisations as deemed useful to further the EURES network’s
objectives: 
–                        
Firstly, no definition is provided for an
applicant organisation, so that access could be granted to a wide range of
relevant organisations, including private or third sector employment services,
employers’ organisations, trade unions, chambers of commerce and
non-governmental organisations supporting migrant workers. All these
organisations could meaningfully contribute to fostering intra-EU labour
mobility in one way or another. 
–                        
Secondly, as some of these organisations may be
subject to specific restrictions in their mandate, legal status or
administrative capacity, it is made possible for them to choose to participate
to only certain parts of the activities of the EURES network (Article 9(1)).
–                        
Thirdly, these organisations can become EURES
Partners in co-operation with other organisations (Article 8(6)). The framework
thus allows for ample flexibility in building partnerships at national level
and thereby for the progressive development of extensive geographical and
thematic outreach and service provision at national level commensurate to the
mobility patterns and needs. 
Article 8(3) introduces for employment
services a right to apply. This right can only be exercised in the country in
which the employment services concerned are lawfully operating (territoriality
principle). While public employment services (PES) will continue to play a
prominent role in the EURES network (Article 10), the review of applications by
other types of employment services will be left to the individual Member State. A Member State may introduce criteria additional to those laid down in the
Annex if deemed necessary (Article 8(5)). 
Article 11 introduces a single governance
body to facilitate practical co-operation between Commission and Member States for this Regulation. 
5.3.        Chapter III – Transparency

This chapter introduces the specific
measures on transparency and automated matching: 
–                        
to achieve on the EURES portal a nearly complete
supply of job vacancies, with job seekers all over Europe having instant access
to the same vacancies, in combination with an extensive pool of CV’s available
from which registered employers can recruit (Articles 14, 15 and 17); 
–                        
to enable the EURES portal to carry out a good
automated matching between job  vacancies and CV’s across Member States, translating
in all EU languages and understanding skills, competences, occupations and
qualifications acquired at national level (Article 16). 
The provisions in this chapter explicitly
support the extension of the principle of transparency to organisations other
than the PES, in principle through the voluntary participation in the EURES
network by EURES Partners. In addition, the PES are encouraged to develop
partnerships with any other relevant organisations on the principle of easy
access to the EURES portal (Article 15(2)) and to facilitate information
transfer at national level through the creation of a national hub (Article
15(5). 
A nearly complete supply of job vacancies
Currently, not all Member States make
available to the EURES portal all job vacancies published and available at
national level. Article 14(1), paragraph (a) will require Member States to make
available to the EURES portal all the job vacancies they publish nationally and
therefore extends the scope of Article 13 of Regulation 492/2011. 
Firstly, this means doing away with any general
administrative limitations in the transfer of job vacancies to the EURES portal
to date, such as those related to the nature and duration of the contract or
the recruitment intentions of the employers (Article 14(2)). 
Secondly, it involves adding to the existing job
vacancy pool the job vacancies (a) available with PES at local or regional
level, but not shared centrally nor made available to the EURES portal so far;
(b) from third parties, such as private employment services, where these are
made available to the PES on the basis of existing national agreements and (c)
from EURES Partners. 
Taking into account the relatively recent
technological developments on web crawling, the limited number of Member States
which make use of such tools and possible data protection concerns, at this
stage it is not proposed to require Member States to make available to the
EURES portal any data harvested with web crawlers in accordance with national law.
 
An extensive pool of job applications and
CV's
Currently no automated electronic exchange
of CVs or other job seeker profile information takes place at European level,
despite the formulation in Article 13 of Regulation 492/2011. Article 14(1)(b)
will require Member States to make available in the future to the EURES portal
job applications and CV’s available nationally, provided that the individual
has consented to their transmission to the EURES portal. 
This will cover the transmission to the
EURES portal of the data, made available by job seekers, (a) directly to the
PES, (b) to the PES as a result of any agreements or arrangements on data
sharing between the PES and other employment services and (c) to EURES
Partners. This would allow employers registered on the EURES portal to directly
access a wider pool of CV's. 
Supporting mechanisms for online access
for job seekers and employers 
To
make it easier for job seekers and employers to share job applications, CV’s
and job vacancies across borders, two obligations are introduced: (a) Article
15 requires PES and other EURES Partners to improve access to the EURES portal
on the job search portals they manage, and (b) Article 17 provides that PES and
other EURES Partners registering their data, must offer job seekers and employers
adequate assistance when they would like to register also on the EURES portal. 
Automated matching 
The European Commission is developing a
European classification of skills, competences, qualifications and occupations.
While its first function is to serve as an automated skills-based matching engine
for the EURES portal, it will allow for full interoperability of data between
national job search portals across Europe. 
From a technical point of view, no
harmonisation of classifications systems is required to achieve
interoperability for the purpose of automated matching. To introduce in Union law
an appropriate mechanism enabling all Member States to develop automated
matching across borders on national job search portals, Article 16 provides
merely that Member States will make an initial inventory to map all
classifications to and from this European classification. Article 16(3) sets a
date for delivery for all Member States after which all data shared would be
interoperable, provided that technical standards and templates are used
(Article 16(5)).
Responsibilities for the quality of the
data 
The responsibility for the quality of the
job vacancy, the correctness of the information it provides and its compliance
with national law and standards lies with the organisation that makes this
information available to the EURES portal. In order to inform the users of the
portal about this responsibility, there is a corresponding disclaimer from the
Commission on the portal. Article 14 refers to the need for such national law
and standards in paragraph 4, while paragraph 5 lays down the principle of
cooperation and exchange on information in this field and paragraph 6 provides
that the source of job vacancy data must be traceable (to the organisation that
makes it available). 
5.4.        Chapter IV – support
services 
This chapter introduces the specific
measures on mainstreaming and support services: 
–                        
to make available basic information on the EURES
network throughout the Union to any job seeker or employer seeking client
services for recruitment and to consistently offer any person interested access
to the EURES network (Articles 19 and 20(1)); 
–                        
to assist any such person interested in matching,
placement and recruitment through the EURES network (Articles 20(2)-(4), 21 to
23).
The provisions in this chapter explicitly
support the extension of the delivery of support services by organisations other
than the PES, in principle through the voluntary participation in the EURES
network by EURES Partners. In addition, PES are encouraged to develop
partnerships to promote a coherent service package to employers as regards
intra-EU labour mobility (Article 21(4)). 
Principles 
Paragraphs 1 and 2 of Article 18
respectively enshrine the principles that Member States must ensure effective
access to the EURES network on their territory and that they develop a
coordinated approach to support services, taking into account their
responsibility for the authorisation system for EURES Partners, the smooth
functioning of the National Coordination Office and the role of the PES in
serving the public interest in this area. Article 18(3) identifies the menu of
options for service provision on the territory of each Member State. 
Article 18(5) enshrines the principle that
support services to workers must be free of charge, while for most support
services to employers fees can be charged in accordance with national practices
(Article 18(6)). 
Mainstreaming 
Articles 19 and 20 (1) provide respectively
that (a) every worker and employer registering for client services with an
employment service in the EU must receive the necessary basic information on
what EURES can do for them and (b) that every worker interested is made
proactively aware of a "EURES offer" for further assistance. 
Support services 
Under current practice, organisations in
the EURES network are invited to provide information services, counselling and
advice to respectively job seekers and employers as follows: 
–                        
(…) help and adviser job seekers interested in
working abroad about suitable job vacancies and provide help and assistance
with the drawing up of applications and CVs, in conformity with the recommended
European CV format. Job seekers shall be given the opportunity to register
their CVs in the EURES database; 
–                        
(…) provide information and recruitment services
to employers who wish to recruit from other countries, including advice and
help to specify the profile of the potential candidates. They shall promote the
EURES CV database as a tool to give employers access to a pool of those
interested in working abroad. 
With the 2012 Decision, Member States were
invited to focus more on matching, placement and recruitment.
To support a more consistent implementation
within the EURES network, EU law should specify the support services to be
provided to those job seekers and employers interested in assistance with
intra-EU labour mobility. Articles 20-23 cover the whole range of services;
from basic information and guidance, to more personalised assistance, including
on social security, and post-recruitment assistance. 
Specific support services 
Frontier workers face specific issues as
regards social security, taxation and insurance and require therefore specific
assistance. 
The concerned Member States may decide to
set up co-operation and service structures in cross-border regions and where
they do so, support services to frontier workers must include a) one stop shop
solutions for communication on job vacancies, job applications and CV’s
(Article 15(6); b) targeted basic information (Article 19(2) and c) as regards
social security, an integrated on line access (Article 23(2)) and assistance
and referral to competent authorities on social security (Article 23(3)). 
One specific form of these support
structures are cross-border partnerships. Under the guidance of the PES of
Member States, they may bring together, in various partnership constellations,
depending on the regional cross-border labour market needs, the public
employment services, employers and trades union organisations, local authorities
and other institutions dealing with employment and vocational training problems
in the border regions. Cross-border regions qualifying for a specific support
structure are employment catchment areas in which there are significant levels
of cross-border commuting or a clear potential for it.
Non-discriminatory access to Active
Labour Market Policies (ALMP’s) 
Article 24 lays down the principle that
there shall be no discrimination in the access to ALMP’s between nationals moving
within the territory of the own country and nationals moving to other Member
States (equal treatment in case of outbound mobility). It is the corollary of
Article 5 of Regulation 492/2011, which provides that workers who seek
employment in a Member State shall receive the same assistance as that afforded
to the own nationals in that Member State (equal treatment in case of inbound
mobility). 
5.5.        Chapter V – relationship
to mobility policies 
This chapter introduces the specific
measure: 
–                        
to support the functioning of the EURES network
through information exchange on national labour shortages and surpluses and the
coordination of actions across Member States (Articles 25 to 30).
The provisions in this chapter explicitly
support the extension of the collection and review of information, data and
indicators by organisations other than the PES, through the participation in
the EURES network by EURES Partners. 
Overall purpose of information exchange
and reporting
The overall purpose of this chapter is to
reinforce the existing arrangements for sharing information in the EURES
network where it benefits the quality of concrete collective outputs or the
coordination of policies of Member States. 
Activities relating to information
exchange
Article 25 takes over a provision agreed
within the framework of the negotiations on the EU Programme Employment and
Social Innovation (EaSI). This should help integrate into the work of the EURES
network data analysis work on mobility flows and patterns. As this provision is
better placed in the EURES Regulation it is proposed to repeal the
corresponding Article in the EaSI Programme (see Article 35).
Article 26 introduces an obligation on
Member States to share labour market intelligence relevant for intra-EU labour
mobility. This will help Member States to link the actions within the EURES
network to the broader picture of mobility policies. 
Article 27 aims to encourage all the
organisations within the EURES network, i.e. the Coordination Offices, the PES
and other EURES Partners, to share openly and proactively available information
on the situation in the individual Member State likely to be of use for workers
interested in intra-EU labour mobility. To date, this information is only
gathered by Coordination Offices and then put on the EURES portal. A more
inclusive bottom-up approach process for compiling this kind of information
will be beneficial for the workers. The result could be consolidated in agreed
templates (Article 27(3)). 
Article 28 takes over the approach on
programming from the 2012 Decision. Sharing information on planned activities,
resources and monitoring among National Coordination Offices should strengthen
the effectiveness of the whole EURES network. It may reinforce synergies and
the development of specific joint recruitment projects. 
Activities relating to reporting
Article 29 establishes ways to measure the
outcome of the EURES network. 
Article 30 aims at continuing the approach
established in Article 17 of Regulation 492/2011 to report every two years on
the implementation of Chapter II of the Regulation. 
5.6.        Chapter VI – final
provisions
Article 31 clarifies that all measures
provided for in this Regulation must be carried out in accordance with EU law
on protection of personal data and the national implementing measures thereto.
As the Commission in its role as European Coordination Office is one of the
actors, Regulation 45/2001 must also be respected. 
Article 32 provides for an ex post
evaluation on the introduction of this Regulation. 
Articles 33 and 34 are standard provisions
in secondary EU legislation relating to the application of Articles 290 and 291
TFEU. 
Article 35 identifies the provisions to
repeal. 
Article 36 underscores the existence of
transitional arrangements in accordance with accession treaties. This provision
is applicable to Croatia. 
2014/0002 (COD)
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
(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 46 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 Committee[17],
Having regard to the opinion of the
Committee of the Regions[18],

After consulting the European Data Protection
Supervisor,
Acting in accordance with the ordinary
legislative procedure,
Whereas:
(1)       The free movement of
workers is a fundamental freedom of Union citizens and one of the pillars of
the internal market in the Union enshrined in Article 45 of the Treaty on the
Functioning of the European Union ('the Treaty'). Its implementation is further
developed by Union law aimed at guaranteeing the full exercise of rights
conferred on Union citizens and the members of their families.
(2)       The free movement of
workers is a key element to the development of a more integrated Union labour
market which allows worker mobility from high unemployment areas to areas
characterised by labour shortages. It also contributes to finding the right skills
for vacant positions and overcoming bottlenecks in the labour market. 
(3)       The provisions of
Regulation 492/2011 of the European Parliament and of the Council of 5 April
2011 on freedom of movement for workers within the Union (codification)[19] established mechanisms
for clearance and for information exchange and the Commission Implementing
Decision 2012/733/EU of 26 November 2012 has laid down provisions on the
functioning of a network entitled EURES (European Employment Services) in
accordance with that Regulation. This regulatory framework needs to be revised
to reflect new mobility patterns, enhanced requirements for fair mobility,
changes in the technology for sharing job vacancy data, the use of a variety of
recruitment channels by job seekers and employers and the increasing role of
other labour market brokers next to the Public Employment Services ('PES') in
the provision of recruitment services. 
(4)       In order to help the
workers who enjoy the right to free movement to effectively exercise that
right, assistance in accordance with the present Regulation is open to any Union national who has a right to take up an activity as an employed person and their
family members, in accordance with Article 45 of the Treaty. Member States
shall give the same access to any third-country national benefiting, as per Union or national law, from equal treatment with their own nationals in this field.
(5)       Growing interdependency
between labour markets calls for reinforced cooperation between employment
services to bring about freedom of movement for all workers through voluntary
and fair labour mobility within the Union in accordance with Article 46 (a) of
the Treaty, and therefore a common framework for cooperation should be
established between Member States and the Commission on labour mobility within
the Union. This framework should bring together job vacancies from across the
Union and the possibility of applying for those job vacancies ('clearance'),
define the provision of related support services to workers and employers and provide
for a common approach to share information necessary to facilitate said
co-operation. 
(6)       In the ‘Compact for Growth
and Jobs’, the European Council requested to explore the possibility of
extending to apprenticeships and traineeships the EURES network, apprenticeships
and traineeships can be covered under the present Regulation, provided that the
persons concerned are considered workers with reference to the rights conferred
on citizens under Article 45 of the Treaty. An appropriate exchange of general
information on mobility for apprenticeships and traineeships within the Union
needs to be introduced and adequate assistance to the candidates for those
positions should be developed, based on a mechanism for clearance of offers,
once such a clearance is deemed feasible in accordance with the appropriate
standards and with due respect to the competences of the Member States. 
(7)       A more coherent
application across the Union of clearance, support services and exchange of information
on labour mobility within the Union is needed. It is therefore required that the
EURES network be established as an integral part of the common framework for
cooperation between Member States and the Commission. The roles and
responsibilities of the different organisations participating in the network,
such as the European Commission ('the European Coordination Office'), the
bodies designated by the Member States to take action at national level ('the
National Coordination Offices') and the organisations assisting job seekers and
employers ('EURES Partners') should be determined. 
(8)       The transnational and
cross-border co-operation and the support to all organisations operating for
EURES in Member States would be facilitated by a structure at Union level ('the
European Coordination Office') that should provide common information, training
activities, tools and guidance. That structure should also be responsible for
the development of the 'European Job Mobility portal' (EURES portal), the common
IT platform. To guide its work, multiannual work programmes should be developed
in consultation with Member States. 
(9)       Member States should
establish Coordination Offices at national level to provide general support and
assistance to all organisations on their territory operating for EURES and support
the cooperation with their counterparts in the other Member States and with the
European Coordination Office. Those Coordination Offices should in particular
have the task of dealing with complaints and problems with job vacancies, and verify
compliance issues as regards voluntary and fair labour mobility within the Union. 
(10)     The social partners'
participation in the EURES network contributes in particular to the analysis of
obstacles to mobility as well as the promotion of fair and voluntary labour mobility
within the Union, including in the cross-border regions. Social partners
representatives at Union level should therefore be involved in the overall
governance structure of the EURES network, while national employers'
organisations and trade unions may apply to become a EURES Partner.  
(11)     The composition of the
EURES network as regards other organisations than the ones above should be
flexible to adjust to changing developments on the market for recruitment
services. The emergence of a variety of employment services coupled with the
reshaped role of the PES relating to national recruitment services points
towards the need for a concerted effort by Member States and the European
Commission to open up the EURES network, as the main Union tool delivering
intra-Union recruitment services. 
(12)     A broader membership of the
EURES network has social, economic and financial benefits. It improves
efficiency in service delivery by facilitating partnerships, enhancing
complementarity and quality improvements. It increases the market share of the
EURES network insofar as new members make available job vacancies, job
applications and curriculum vitae ('CV’s'). Transnational and cross-border
co-operation, which is a key feature of the operation of the EURES network,
could generate innovative forms of learning and co-operation between employment
services, including on quality standards for job vacancies and support
services. The EURES network would therefore enhance its relevance as one of the
key Union tools available to Member States and the European Commission for
supporting concrete measures towards a high level of employment within the Union.
(13)     In line with their
competences on the organisation of labour markets, Member States themselves should
be responsible for authorising the participation of organisations as EURES
partners for the EURES network, each on their own territory. Authorisations
should be subject to minimum common criteria and a limited set of basic rules
on the process of authorisation, to ensure transparency and equal opportunities
when joining the EURES network, without prejudice to the flexibility necessary
to take into account the different national models and forms of co-operation
between public employment services and other labour market actors in the Member
States.
(14)     One of the EURES network
objectives is to support fair intra-Union labour mobility and therefore the
minimum common criteria for authorising organisations to join should include
the requirement that those organisations commit themselves to fully respect
applicable labour standards and legal requirements.
(15)     To ensure a proper balance
between the present functioning of the EURES network, which is based on a long
standing co-operation among PES, and the objective of opening up the EURES
network to new organisations, provisions should be made to recognise the
specific position of the PES in the EURES network. A transition period should
be introduced after which the PES’ participation also becomes subject to full
application of the minimum common criteria. Member States should ensure that
PES comply with the minimum common criteria and the obligations under the
Regulation. 
(16)     To communicate reliable and
up to date information to workers and employers on the different aspects of
labour mobility within the Union, the EURES network should cooperate with other
bodies, services and Union networks facilitating mobility and informing
citizens about their rights under Union law, such as Your Europe portal, the
European Youth portal and SOLVIT, the organisations responsible for the
recognition of professional qualifications and the bodies for the promotion,
analysis, monitoring and support of equal treatment of workers, designated in
accordance with 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 freedom of movement for workers]. 
(17)     The right of freedom of
movement entails the necessity to set up the means to support clearance, that
is to say, the exchange of job vacancies, job applications and CV's, in order
to make the labour market fully accessible to both workers and employers in
accordance with Article 46(d) of the Treaty, and therefore a common IT platform
should be established at Union level and run by the Commission. Securing this
right means empowering workers to actually gain access to all employment
opportunities throughout the Union. 
(18)     The common IT platform
which brings together job vacancies and the possibility of applying for those
vacancies, while enabling job seekers and employers to automatically match data
according to various criteria and levels, should facilitate the achievement of
equilibrium on the Union labour markets which would bring a high level of
employment and help avoid serious threats to the standard of living and levels
of employment in the various regions and industries. 
(19)     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.  
(20)     A common classification
system of skills, competences, qualifications and occupations constitutes one
of the most important tools for enabling online job application in the Union,
it is therefore necessary to develop the cooperation between Member States and
the European Commission in order to achieve interoperability and meaningful
automated matching across borders, including by mapping to and from the common
to national classification systems. Other established European formats and
tools for comparability of and transparency on skills and qualifications, such
as the European Qualifications Framework and the single framework for the transparency
of qualifications and competences (Europass) should also be used in this
context.  
(21)     A common approach to the
services delivered by the organisations ('support services') participating in
the EURES network should be established and the principle of equal treatment of
workers and employers seeking assistance on intra-Union labour mobility,
regardless of their location in the Union, should be secured as much as
possible, and therefore principles and rules should be established regarding
the availability of support services in the territory of the individual Member
States. This common approach also covers apprenticeships and traineeships
considered as work. 
(22)     A wider and more
comprehensive choice of assistance on intra-Union labour mobility opportunities
benefits workers, and it is needed to improve the EURES network's potential to
provide support to workers throughout their entire working life, securing their
transitions and careers. 
(23)     Support services will help
to decrease the obstacles faced by job seekers when exercising their workers'
rights under Union law as well as to exploit more efficiently all job
opportunities, thus securing better individual employment prospects. 
(24)     A profound understanding of
labour demand in terms of occupations, sectors and needs of employers would
benefit the right of free movement of workers within the Union and therefore
support services should include good quality assistance to employers, small and
medium sized enterprises in particular. Close working relationships between
employment services and employers will increase the pool of job vacancies and
job matching of suitable candidates, secure pathways for job seekers in
particular those in vulnerable groups and improve labour market intelligence. 
(25)     The support services common
to all Member States should be defined on the basis of the emerging consensus
on successful Member State practices for information, counselling and advice to
job seekers and employers. 
(26)     Support services for
workers are connected to the exercise of their fundamental freedom of movement
as workers under Union law, they should be free of charge. However, support
services for employers may be subject to a fee, in accordance with national practices.

(27)     Particular attention should
be paid to supporting mobility in the cross-border regions for and providing
services to frontier workers who are living in one Member State and working in
another and have to cope with different national practices and legal systems
and encounters specific administrative, legal or tax obstacles to mobility.
Member States may choose to set up specific support structures to facilitate
this kind of mobility, such structures should, within the framework of the
EURES network, address the specific needs for information, guidance, cross-border
matching between labour demand and supply and the resulting placements.  
(28)     Transparency of labour
markets and adequate matching capabilities are pre-conditions for labour
mobility within the Union. A better balance between labour supply and demand can
be achieved through an efficient system at Union level for exchanging of information
on national and sectoral labour surpluses and shortages that should be set up
between Member States and the European Commission and used as a basis for
Member States to develop their mobility policies and underpin the practical
cooperation within the EURES network.  
(29)     The freedom of movement for
workers and high levels of employment are closely linked and make it necessary
for Member States to develop mobility policies supporting a better functioning
of labour markets in the Union. Member States' mobility policies should be
considered as an integral part of their social and employment policies. 
(30)     A programming cycle should
be established to support the coordination of action on mobility within the Union. To be effective, the programming of Member States' activity plans should take into
account data on mobility flows and patterns, the data analysis of existing and
forecast labour shortages and surpluses, and recruitment experiences and
practices under the EURES network and it should consist of a review of the
existing resources and tools at the disposal of the organisations in the Member
State to facilitate intra-EU labour mobility.
(31)     The sharing of draft
activity plans under the programming cycle among Member States should enable
the National Coordination Offices, acting on behalf of the Member States,
together with the European Coordination Office, to direct the resources of the
EURES network toward appropriate actions and projects, and thereby steer the
development of the EURES network as a more result-oriented tool responsive to
the needs of workers according to the dynamics of labour markets. 
(32)     In order to obtain adequate
information for measuring the results of the EURES network, common indicators
should be established. Those indicators should guide the organisations
participating in the EURES network in identifying their results and should help
assess the progress made against the objectives set for the EURES network as a
whole, including its contribution towards the implementation of a coordinated
strategy for employment in accordance with Article 145 of the Treaty. 
(33)     Whenever the measures
provided for in this Regulation entail the processing of personal data, they
must be carried out in accordance with EU law on the protection of personal
data[20]
as well as the national implementing measures thereto. 
(34)     This Regulation respects
the fundamental rights and observes the principles recognised in particular by
the Charter of Fundamental Rights of the European Union, as referred to in
Article 6 of the Treaty on European Union. 
(35)     Since the objective of this
Regulation - namely to establish a common framework for cooperation between
Member States to bring together job vacancies and the possibility of applying
for those job vacancies and to facilitate the achievement of a balance between
supply and demand in the employment market - cannot be sufficiently achieved by
the Member States, and can therefore, by reason of the scale and effect of the
action, be better achieved at Union level, the Union may adopt measures in
accordance with the principle of subsidiarity as set out in Article 5 of the
Treaty of the European Union. In accordance with the principle of
proportionality, as set out in said Article 5, this Regulation does not go
beyond what is necessary to achieve that objective. 
(36)     The power to adopt
delegated acts in accordance with Article 290 of the Treaty on the Functioning
of the European Union should be delegated to the Commission in order to ensure
that the obligations imposed on the Member States for the authorisation of the
organisations to join the EURES network as EURES Partners and to provide common
indicators on the performance of those organisations can be amended in light of
the experiences gained with their application or to take into account evolving
needs on the labour market. It is of particular importance that the Commission
carry out appropriate consultations during its preparatory work, including at
expert level. 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.
(37)     In order to ensure uniform
conditions for the implementation of the technical standards and formats
applicable to clearance and automated matching as well as the models and
procedures for sharing information between Member States, implementing powers
should be conferred on the Commission. Those powers should be exercised in
accordance with Regulation (EU) No 182/2011 of the European Parliament and of
the Council of 16 February 2011 laying down the rules and general principles
concerning mechanisms for control by the Member States of the Commission's
exercise of implementing powers. 
HAVE ADOPTED THIS REGULATION:
CHAPTER I
GENERAL PROVISIONS 
Article 1
Subject matter 
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. 
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 CV's 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; 
(c)         
the functioning of a European network of
employment services between Member States and the Commission; 
(d)        
related mobility support services to be provided
to workers and employers. 
Article 2
Definitions 
For the purpose 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; 
(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 CV's; 
(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. 
CHAPTER II
ESTABLISHMENT OF THE EURES NETWORK
Article 3
Establishment
This Regulation establishes a European network
of Employment Services ('the EURES network'). 
Article 4 
Composition, roles and joint responsibilities 
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. 
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.
Article 5
Objectives 
The EURES network contributes to the following objectives: 
(a)                   
to facilitate the exercise of the rights
conferred by Article 45 TFEU and by the provisions of Regulation (EU) No
492/2011 of the European Parliament and of the Council of 5 April 2011 on
freedom of movement for workers within the Union[21];
(b)                   
the implementation of the
coordinated strategy for employment in accordance with Article 145 TFEU; 
(c)                   
the better functioning and integration of the
labour markets in the Union; 
(d)                  
increased voluntary geographical and
occupational mobility in the Union on a fair basis;
(e)                   
social inclusion and integration of persons
excluded from the labour market.
Article 6
The responsibilities of the European Coordination Office
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
(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;
(ii) information and communication activities; 
(iii) a common training programme for EURES staff;
(iv) facilitation of networking, exchange of
best practice and mutual learning within the EURES network; 
(b)         
the analysis of geographic and occupational
mobility;
(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 co-operation with EURES Members;           

2.           Its multi-annual work
programmes are drawn up in consultation with the EURES Coordination Group
referred to in Article 11. 
Article 7
The responsibilities of the National Coordination Offices
1.           Each National Coordination
Office is responsible for 
(a)         
cooperation with the Commission and other Member States on the clearance within the framework set 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; 
(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: 
(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; 
(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;
(c)         
the collection and analysis of data 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:
(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
freedom of movement for workers.[22]
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 apprenticships
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.
7.           The National Coordination
Office is headed by a national coordinator who is a member of the Coordination
group referred to in Article 11. 
Article 8
Authorisation of EURES Partners
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. 
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. 
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. 
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. 
7.           To amend the Annex, the
Commission shall be empowered to adopt delegated acts in accordance with the
procedure referred to 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). 
Article 9
The responsibilities of EURES Partners
1.           Applicant organisations
can choose to participate in the EURES network according to the following
options: 
(a)         
to contribute to the pool of job vacancies in
accordance with Article 14(1), paragraph (a); 
(b)         
to contribute to the pool of job applications
and CV’s in accordance with Article 14(1), paragraph (b); 
(c)         
to provide support services to workers and
employers in accordance with Chapter IV or 
(d)        
a combination of points (a) to (c). 
2.           EURES Partners designate
one or more contact points, such as placement and recruitment offices, call
centres, self-service tools and the like, where workers and employers can get
support with clearance and/or access to support services in accordance with this
Regulation. The contact points may also be based on staff exchange programmes,
the detachment of liaison officers or involve common placement agencies. 
3.           The contact points shall
clearly indicate the scope of the support services provided to workers and
employers.
4.           Member States may require
EURES Partners to contribute to 
(a)         
the functioning of the national hub referred to
in Article 15(5) through a fee or in another form; 
(b)         
the exchange of information referred to in
Articles 26 and 27;
(c)         
the programming cycle referred to in Article 28;
(d)        
the collection of data in accordance with
Article 29. 
Member
States shall decide on the modalities for these contributions in their national
systems on the basis of the principle of proportionality, taking into account
factors such as the administrative capacity of the EURES Partner and its degree
of participation in the EURES network as referred to in paragraph 1. 
Article 10
The role of the public employment services 
1.           Member States may delegate
to their public employment services general tasks or activities relating to the
organisation of the work under this Regulation, such as the development and
running of the national systems for authorising EURES Partners or the preparation
and distribution of the basic information referred to in Article 20. 
2.           Member States may entrust
the provision of support services referred to in Articles 21 to 23 to their
public employment services, provided that the latter participate in the EURES
network, either as a EURES Partner authorised pursuant to Article 8 and the
Annex to this Regulation or as a EURES Partner on the basis of the exemption in
paragraph 3. 
3.           For a maximum period of
five years from the date of application of this Regulation, Member States may
exempt from a review into the application of Article 8 and the Annex to this
Regulation those public employment services which were at the time of the entry
into force of this Regulation part of the EURES network in accordance with
Commission Implementing Decision 2012/733/EU and/or, where appropriate,
Commission Decision 2003/8/EC. Member States shall inform the Commission of the
exemptions granted. 
Article 11
The Coordination Group
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).
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. 
Article 12
Common identity and the Trade Mark 
1.           The name EURES is used
exclusively for activities within the EURES network in accordance with this
Regulation. It shall be illustrated by a standard logo, defined by a graphic
design scheme, adopted by the European Coordination Office. 
2.           The EURES service mark, as
well as the logo characterising it, is registered as a Community Trade Mark
with the Office for Harmonisation in the Internal Market  and shall be used by
all organisations participating in the EURES network referred to in Article 3
in all their activities related to the EURES network and this Regulation to
ensure a common visual identity. 
3.           Organisations
participating in the EURES network ensure that the information and promotional
material they provide is coherent with the overall communication activities of
the EURES network and with the information coming from the European
Coordination Office. 
4.           Only the European
Coordination Office has the authority to grant third parties permission to use
the EURES logo, and informs the organisations concerned accordingly. 
5.           Organisations
participating in the EURES network inform the European Coordination Office
without delay of any abuse of the logo by third parties or third countries. 
Article 13
Cooperation 
1.           The European Coordination
Office facilitates the collaboration of the EURES network with other Union
information and advisory services and networks. 
2.           The National Coordination Offices
collaborate with the services and networks referred to in paragraph 1 at Union, national, regional and local level to achieve synergies and avoid overlaps, and,
where appropriate, involve EURES Partners. 
3.           Member States shall seek
to develop one stop shop solutions for the communication with workers and
employers on the common activities of the EURES network and those services and
networks. 
CHAPTER III
COMMON IT PLATFORM  
Article 14
The organisation of the common IT platform
1.           To bring offers of
employment together with applications for employment each Member State shall make available to the EURES portal: 
(a)         
all job vacancies available with its public
employment services as well as those provided by its EURES Partners; 
(b)         
all job applications and CV's available with its
public employment services as well as those provided by its EURES Partners,
provided that the workers concerned have consented to making the information
also available to the EURES portal under the terms defined in paragraph 3.
2.           When making available job vacancy
data to the EURES portal, Member States 
(a)         
shall not make any distinction according to the
nature and duration of contracts nor the recruitment intentions of employers; 
(b)         
may exclude job vacancies which due to their
nature or to national rules are only open to citizens of a specific country. 
3.           The consent of workers
referred to in paragraph 1(b) shall be explicit, unambiguous, freely given,
specific and informed. Workers shall be able to withdraw at any time their
consent and require the deletion or modification of any of all of the data made
available. Workers shall be able to choose from a number of options to restrict
access to their data or to certain attributes.
4.           Member States shall have
in place the mechanisms and standards necessary for ensuring the intrinsic and
technical quality of job vacancy and CV data.  
5.           They shall exchange
information on the mechanisms and standards referred to in paragraph 4 as well
as on standards regarding data security and data protection. They shall
co-operate between each other and with the European Coordination Office, in
particular in case of complaints and job vacancies deemed not compliant with
the standards applicable under national law. 
6.           They shall ensure that for
the purpose of monitoring the quality of the data, the sources can be traced. 
7.           To enable the matching of
offers of employment with applications for employment each Member State shall provide the information referred to in paragraph 1 according to a uniform
system. 
8.           The Commission shall adopt,
by means of implementing acts, the necessary technical standards and formats aimed
at reaching the uniform system referred to in paragraph 7. Those implementing
acts shall be adopted by the Commission in accordance with the examination
procedure referred to in Article 34(3). 
Article 15
Access at national level to the common IT platform 
1.           The public employment
services shall ensure that the EURES portal is linked to, clearly visible and intuitively
searchable through all the job search portals they manage, be them at central,
regional or local level. 
2.           The public employment
services endeavour to make agreements with other employment services operating
on that Member State's territory to ensure the applicability of the principle
referred to in paragraph 1 also to online job search tools managed by them. 
3.           Member States shall ensure
that in the internal tools for caseworkers managed by the public employment
services all job vacancies, job applications, and CV’s made available on the
EURES portal shall be available on a par with any national data in those tools.

4.           The EURES Partners
concerned also apply the principles referred to in paragraphs 1 and 3, in
accordance with the choice made by these organisations under Article 9(1). 
5.           Member States shall put in
place a national hub to allow for the transfer to the EURES portal of information
on job vacancies, job applications and CV’s made available by any organisation
that is willing to share this information also on the EURES portal. 
6.           Member States shall seek
to develop one-stop shop solutions for the communication towards frontier
workers and employers in those cross border regions where the Member States
concerned together deem it necessary to set up specific co-operation and
service structures. 
Article 16
Automated matching through the common IT platform 
1.           The Commission shall
develop a European classification of skills, competences, qualifications and occupations.
This classification is the tool facilitating on line job application across
borders for the European Union by performing job matching, identifying skills
shortages, recognising qualifications and providing career guidance on the
EURES portal. 
2.           Member States cooperate
with each other and the European Commission regarding interoperability between
national systems and the classification referred to in paragraph 1. 
3.           To that end, by 1.1.2017
each Member State shall establish an initial inventory to map all its national,
regional and sectoral classifications to and from the classification referred
to in paragraph 1, and, following the introduction of the use of the inventory
on the basis of an application made available by the European Coordination
Office, regularly update the inventory to keep it updated with the evolution of
recruitment services. 
4.           The Commission provides
technical support to Member States who choose to replace national
classifications with the classification referred to in paragraph 1. 
5.           The Commission shall
adopt, by means of implementing acts, the technical standards and formats
necessary for the operation of the classification referred to in paragraph 1.
Those implementing acts shall be adopted by the Commission in accordance with
the examination procedure referred to in Article 34(3). 
Article 17
Facilitated access mechanisms for workers and employers
1.           The public employment
services shall ensure that workers using their services, by making available
job applications and/or CV’s with them, can choose to have those employment
services assist those workers with their registration on the EURES portal,
using the national hub referred to in Article 15(5).
2.           The public employment
services shall set up a similar mechanism to facilitate the registration as
employer on the EURES portal for those employers which use their services to publish
job vacancies at national level either directly through their job search portals
or via other platforms supported by the Member States.
3.           The EURES Partners
concerned will also apply the principles referred to in paragraphs 1 and 2, in
accordance with the choice made by those organisations under Article 9(1).
4.           Workers and employers
shall have access to general information on how, when and where they can update,
revise and withdraw the data concerned. 
CHAPTER IV
SUPPORT SERVICES 
Article 18
Principles 
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. 
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). 
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. 
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. 
Article 19
Access to basic information
1.           Member States shall ensure
that all workers and employers requesting client services from employment
services receive or are made aware of basic information on mobility support
available at national level which 
(a)         
informs them at least of the existence of the
EURES portal and the EURES network, the contact details of relevant EURES
Partners at national level, information on the recruitment channels they use
(e-services, personalised services, location of contact points) and the relevant
web links and 
(b)         
is easily accessible and is presented in a user
friendly manner. 
2.           Member States shall
develop specific information for frontier workers in those cross border regions
where the Member States concerned together deem it necessary to set up specific
co-operation and service structures. 
3.           The European Coordination
Office supports the development of basic information under this Article and
assists Member States in ensuring an adequate language coverage. 
Article 20
Support services for workers
1.           The EURES Partners
concerned proactively offer all workers seeking employment the opportunity to
access the services defined in this Article. Where appropriate, this offer is
repeated during the job search process. 
2.           If workers are interested
in further assistance, the EURES Partners concerned provide information and
guidance on individual employment opportunities and in particular offer them
the following services: 
(a)         
to provide information on living and working
conditions or refer to such information; 
(b)         
to provide information on active labour market
measures and the access to such measures; 
(c)         
where requested, to provide assistance with the
drawing up of job applications and CVs to ensure conformity with the European
technical standards and formats referred to in Articles 14(8) and 16(5);
(d)        
where necessary, to provide assistance with the
uploading of such job applications and on relevant national job search portals
and the EURES portal; 
(e)         
where appropriate, to include follow-up on
possible intra-EU placement as part of the individual action plan; 
(f)          
where appropriate, to refer to another EURES
Partner. 
3.           If workers are interested in
further assistance and there is a reasonable likelihood of an intra-EU
placement, the EURES Partners concerned provide further job search assistance,
consisting of services such as the selection of suitable vacancies, assistance
with drawing up job applications and CV's and providing translations and/or
obtaining clarifications on specific job vacancies in other Member States. 
4.           Upon recruitment of a
worker in another Member State as a result of the services provided in
accordance with this Article, the EURES Partners concerned provide the person
concerned with the contact details of organisations in the Member State of destination which can offer post-recruitment assistance. 
Article 21
Support services for employers 
1.           The EURES Partners
concerned shall provide information and guidance to employers interested in
recruiting workers from other Member States and in particular offer them the
following services: 
(a)         
to provide information on the specific rules
applicable when employing those workers; 
(b)         
to promote the use of the EURES network and the
CV database on the EURES portal as a tool helping to fill job vacancies; 
(c)         
to provide information and guidance on factors
which can facilitate the recruitment of workers and how to support their
integration; 
(d)        
where requested, to provide information and
guidance on the formulation of individual job requirements in a job vacancy understandable
to a European audience; 
(e)         
where requested, to provide assistance on the
formulation of the job vacancy in conformity with the European technical
standards and formats referred to in Articles 14(8) and 16(5); 
(f)          
where necessary, to provide assistance with the
registration as an employer on the EURES portal; 
(g)         
where appropriate, to refer to another EURES
Partner. 
2.           If employers are
interested in further assistance and there is a reasonable likelihood of an
intra-EU recruitment, the EURES Partners concerned provide further assistance,
consisting of such services as the pre-selection of suitable candidates and
assistance with providing translations and/or obtaining clarifications on
specific job applications. 
3.           Upon recruitment of a
worker from another Member State as a result of the services provided in
accordance with this Article, the EURES Partners concerned provide the employer
concerned with the contact details of organisations which can offer assistance
with the integration of newly recruited workers from other Member States.
4.           The public employment
services shall endeavour to make agreements with other employment services
operating on that Member State's territory
(a)         
to jointly promote in the Member State's territory the registration of employers on the EURES network and their use of the
common platform for European clearance;
(b)         
to share information and best practices on
support services for employers interested in recruiting workers from other
Member States. 
Article 22
Post-recruitment assistance
1.           The EURES Partners
concerned shall provide, upon request of workers and employers, general
information on post-recruitment assistance and about where to obtain post-recruitment
assistance such as training on intercultural communication, language courses
and support with integration.  
2.           By derogation from Article
18(5), EURES Partners may offer the assistance referred to in paragraph 1 to workers
against a fee. 
Article 23
Facilitated access to information and services on social security 
1.           Member States shall ensure
coordination between support services under this Regulation and services
provided on social security by the competent authorities. 
2.           For the purpose of
paragraph 1, Member States shall support the development of integrated online
access as a first source of information for workers, frontier workers and
employers.
3.           Upon request of workers,
frontier workers and employers, the EURES Partners concerned shall provide
general information on the rights related to social security and undertake to
refer those requests for specific information to the competent authorities and,
if applicable, other bodies supporting workers exercising their rights in the
framework of the freedom of movement. 
Article 24
Access to national labour market measures 
A Member State shall not limit the access
to national labour market measures merely for the reason that a worker seeks
that assistance in order to find employment in the territory of another Member State. 
CHAPTER V
RELATIONSHIP TO MOBILITY POLICIES
Article 25
Exchange of information on flows and patterns 
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. 
Article 26
Exchange of information between Member States 
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 whole. 
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. 
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. 
Article 27
Exchange of information accompanying support services 
1.           All organisations
participating in the EURES network referred to in Article 4 shall share and
exchange information on the situation in the Member States concerning living
and working conditions, administrative procedures and the rules applicable to
workers from other Member States, thus giving guidance to workers and employers.

2.           They also share and
exchange the information on the situation in Member States that gives guidance
to frontier workers. 
3.           The Commission shall
adopt, by means of implementing acts, the models and procedures for the
exchange of this information. Those implementing acts shall be adopted by the
Commission in accordance with the advisory procedure referred to in Article 34(2).

Article 28
Programming 
1.           Each National Coordination
Office draws up each year a work programme for the organisations participating
in the EURES network on that Member State's territory. 
2.           The work programmes
specify: 
(a)         
The main activities to be carried out in
accordance with this Regulation; 
(b)         
The overall human and financial resources
allocated for its implementation; 
(c)         
The arrangements for monitoring and evaluation
of the activities planned. 
3.           The National Coordination
Offices and the European Coordination Office review together the draft work
programmes before finalising them. 
4.           The representatives of the
social partners at Union level participating in the EURES Coordination Group
shall be consulted on the draft work programmes. 
5.           The Commission shall establish,
by means of implementing acts, the necessary templates and procedures for the
programming. Those implementing acts shall be adopted by the Commission in
accordance with the advisory procedure referred to in Article 34(2). 
Article 29
Data collection and indicators 
1.           Member States ensure that
procedures are in place to produce and collect data on activities carried out
at national level according to the following categories of common indicators: 
(a)         
information and guidance by the EURES network,
on the basis of the number of contacts EURES staff have with workers and
employers; 
(b)         
placement and recruitment resulting from EURES
activity, on the basis of the number of vacancies, job applications, CV's
handled and processed by EURES staff and the number of workers recruited in
another Member State accordingly; 
(c)         
results about customer satisfaction with the
EURES network, obtained also through the use of surveys. 
2.           The European Coordination
Office is responsible for collecting data about the EURES portal and the
development of the cooperation on the clearance under this Regulation. 
3.           The Commission shall be
empowered to adopt delegated acts in accordance with the procedure referred to
in Article 33 to develop further the common indicators. 
Article 30
Implementation reports 
Taking into account the information
gathered as referred to in this Chapter, the European Commission shall submit
every two years a report to the European Parliament, the Council, the Committee
of the Regions and the European Economic and Social Committee on labour
mobility within the Union and the services provided to workers to facilitate
the exercise of the freedom of movement in accordance with Article 46 TFEU. 
CHAPTER VI
FINAL PROVISIONS 
Article 31
Protection of personal data 
The measures provided for in this
Regulation must be carried out in accordance with Union law on protection of
personal data, in particular Directive 95/46/EC on the protection of
individuals with regards to the processing of personal data and on the free
movement of such data[23]
and the national implementing measures thereto, as well as Regulation (EC) No
45/2001 on the protection of individuals with regard to the processing of
personal data by the Community institutions and bodies and on the free movement
of such data[24].
Article 32
Ex post evaluation 
The European Commission shall submit to the
European Parliament, the Council, the Committee of the Regions and the European
Economic and Social Committee an ex-post evaluation on the operation and
effects of this Regulation five years after its entry into force. 
The report can be accompanied by
legislative proposals amending this Regulation. 
Article 33
Exercise of the delegation
1.           The
power to adopt delegated acts is conferred on the Commission subject to the
conditions laid down in this Article. 
2.           The delegation of power
referred to in Articles 8 and 29 shall be conferred on the Commission
for an indeterminate period of time from the date of
entry into force of this Regulation or from any other date set by the
legislator.
3.           The delegation of power
referred to in Articles 8 and 29 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 on 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. 
4.           As
soon as it adopts a delegated act, the Commission shall notify it
simultaneously to the European Parliament and to the Council. 
5.           A delegated act adopted
pursuant to Articles 8 and 29 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 34
Committee procedure 
1.           The Commission shall be
assisted by the Committee 'EURES' established by this Regulation. That Committee
shall be a Committee within the meaning of Regulation (EU) No 182/2011. 
2.           Where reference is made to
this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. 
3.           Where reference is made to
this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. 
Article 35
Repeals
1.           The following provisions
specified in the below-mentioned acts are hereby repealed: 
(a)         
Chapter II and Article 38 of Regulation (EU) No
492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom
of movement for workers within the Union;
(b)         
Article 23 of Regulation (EU) No 1296/2013
of the European Parliament and of the Council of 11 December 2013 on a European
Union Programme for Employment and Social Innovation ("EaSI") and
amending Decision No 283/2010/EU establishing a European Progress Microfinance
Facility for employment and social inclusion. 
2.           References to the repealed
acts shall be construed as references to this Regulation. 
Article 36
Application
The Regulation shall apply to the
Member States and to their nationals without prejudice to Articles 2 and 3 of
Regulation (EU) No 492/2011.
Article 37
Entry into force
This Regulation shall enter into force
on the twentieth day following that of its publication in the Official Journal
of the European Union.
Done at Brussels,
For the European Parliament                        For
the Council
The President                                                 The
President
[1]               OJEU, 27.5.2011, L141, p.1
[2]               Commission Decision 2003/8/EC of 23 December
implementing Council Regulation (EEC) No 1612/68 as regards the clearance of
job vacancies and application for employment (OJ L5, 10.1.2003, p.16) was
repealed by Commission Implementing Decision 2012/733/EU of 26 November 2012
implementing Regulation (EU) No 492/2011 (OJEU L328, 28.11.2012, p.21). This
Decision will enter into force on 1.1.2014. 
[3]               COM (2013) 430
[4]           OECD Economic Surveys European Union, March 2012 or http://www.oecd-ilibrary.org/economics/oecd-economic-surveys-european-union-2012_eco_surveys-eur-2012-en
[5]               This figure excludes workers residing in one Member State and working in another (frontier workers)
[6]               EU Employment and Social Situation Quarterly review
June 2013, using the Gallup World poll data
[7]               Applying the annual rate of 0.29% to the total labour
force (241 million) 
[8]               Applying Gallup World poll data on the share of
persons planning to move within the next 12 months, 1;2% in 2011 and 2012, to
the total labour force (241 million) 
[9]               Special Eurobarometer 337: Geographical and labour
market mobility (2009)
[10]             COM (2013)269 final
[11]             COM (2013) 837 final
[12]             COM (2012) 173 final
[13]             OJ L328, 28.11.2012, p.21
[14]             OJ L 5, 10.1.2003, p.16
[15]             COM (2010) 731 final
[16]             Regulation (EU) No 1296/2013 of the European Parliament
and of the Council of 11 December 2013 on a European Union Programme for
Employment and Social Innovation ("EaSI") and amending Decision No
283/2010/EU establishing a European Progress Microfinance Facility for
employment and social inclusion, OJ L347, 20.12.2013, p.238
[17]             OJ C , , p. .
[18]             OJ C , , p. .
[19]             OJEU, 27.5.2011, L141, p.1
[20]             In particular Directive 95/46/EC of the European
Parliament and of the Council of 24 October 1995 on the protection of
individuals with regards to the processing of personal data and on the free
movement of such data (OJ L 281, 23.11.1995, p. 31) and Regulation (EC) No 45/2001
of the European Parliament and of the Council of 18 December 2000 on the
protection of individuals with regard to the processing of personal data by the
Community institutions and bodies and on the free movement of such data (OJ L
8, 12.01.2001, p. 1). 
[21]             OJEU,  27.5.2011, L141/1
[22]             COM (2013) 236 final 
[23]             OJ L 281, 23.11.1995, p. 31
[24]             OJ L 8, 12.01.2001, p. 1
ANNEX

1.                      
Service delivery 

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
2.                      
Demonstrated capacity to offer services on
clearance and/or support services as referred to in this Regulation, where
appropriate in accordance with the choice made by the organisation 
3.                      
Ability to provide services through multi
channelling facilities, with at least an internet/ website of the organisation
accessible
4.                      
Capacity to refer workers and employers to other
EURES Partners and/or bodies with expertise on free movement for workers
5.                      
Confirmation to adhere to the principle of free
EURES service for workers

2.                      
Participation in the EURES network 

1.                      
Ability to ensure timely and reliable delivery
of the data
2.                      
Commitment to comply with the technical
standards and formats for clearance and exchange of information under this
Regulation
3.                      
Ability and commitment to provide information to
the National Coordination Office on the service delivery and performance in
accordance with this Regulation 
4.                      
Existence of or commitment to securing
appropriate human resources in light of the geographical or institutional
mandate sought by the organisation as a EURES Partner
5.                      
Commitment to ensuring quality standards on
staff and to register the staff for the common training programme.