CELEX: 52013PC0119
Language: en
Date: 2013-03-07
Title: Proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the mobilisation of the European Globalisation Adjustment Fund in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2011/010 AT/Austria Tabak from Austria)

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		52013PC0119
		
			Proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the mobilisation of the European Globalisation Adjustment Fund in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2011/010 AT/Austria Tabak from Austria) /* COM/2013/0119 final */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
Point 28 of the Interinstitutional
Agreement of 17 May 2006 between the European Parliament, the Council and the
Commission on budgetary discipline and sound financial management[1] allows for the mobilisation of
the European Globalisation Adjustment Fund (EGF) through a flexibility
mechanism, within the annual ceiling of EUR 500 million over and
above the relevant headings of the financial framework.
The rules applicable to the contributions
from the EGF are laid down in Regulation (EC) No 1927/2006 of the European
Parliament and of the Council of 20 December 2006 on establishing the European
Globalisation Adjustment Fund[2].
On 20 December 2011, Austria submitted application EGF/2011/010 AT/Austria Tabak for a financial contribution from the
EGF, following redundancies in Austria Tabak GmbH and in 14 suppliers and
downstream producers in Austria.
After a thorough examination of this
application, the Commission has concluded in accordance with Article 10 of
Regulation (EC) No 1927/2006 that the conditions for a financial contribution
under this Regulation are met.
SUMMARY OF THE APPLICATION AND ANALYSIS
 Key data: ||   
 EGF Reference no. || EGF/2011/010 
 Member State || Austria 
 Article 2 || (c) – exceptional circumstances 
 Primary enterprise || Austria Tabak GmbH 
 Suppliers and downstream producers || 14 
 Reference period || 20.8.2011 – 19.12.2011 
 Starting date for the personalised services || 15.11.2011 
 Application date || 20.12.2011 
 Redundancies during the reference period || 320 
 Redundancies before and after the reference period || 0 
 Total eligible redundancies || 320 
 Redundant workers expected to participate in the measures || 270 
 Expenditure for personalised services (EUR) || 5 864 615 
 Expenditure for implementing EGF[3] (EUR) || 200 000 
 Expenditure for implementing EGF (%) || 3,3 
 Total budget (EUR) || 6 064 615 
 EGF contribution (65 %) (EUR) || 3 941 999 
1.           The application was
presented to the Commission on 20 December 2011 and supplemented by
additional information up to 9 October 2012.
2.           The application meets the
conditions for deploying the EGF as set out in Article 2(c) of Regulation (EC)
No 1927/2006, and was submitted within the deadline of 10 weeks referred to in
Article 5 of that Regulation.
Link between the redundancies and
major structural changes in world trade patterns due to globalisation or the
global financial and economic crisis
3.           The redundancies were
caused by the closure of Austria Tabak's last remaining production site in Hainburg
(Niederösterreich/Lower Austria). Following a decision
by their owners, Japan Tobacco International (JTI)[4], this cigarette
factory has been wound down in stages from the 2nd half of 2011 up
to mid- 2012.
4.           In order to establish the
link between the redundancies and major structural changes in world trade
patterns due to globalisation, Austria argues that the cigarette and tobacco
product manufacturing industry in the EU (included in NACE Revision 2
Division 12[5]),
has been seriously affected by changes in world trade patterns, in particular a
significant reduction of the EU market share and delocalisation of production
to third countries.
These changes in trade patterns reflect the decline
in cigarette consumption in the industrialised European countries as well as
the USA and Japan over the past decade (mainly because of tobacco control
measures and increasing taxation). Austria backs up their arguments by citing data from the World Health
Organisation (WHO)[6]
and the Tobacco Atlas published by the World Lung
Foundation/American Cancer Society[7].
These show that there is and will be a sharp increase
in demand in tobacco products in the emerging Asian countries and in Russia[8]. China, Russia and Indonesia together account for one third of the world’s smokers.
Fig. Declining smoking trends in adult male
smoking (industrialised countries): 1960-2010
Source: http://www.tobaccoatlas.org
5.           In response to these
developments, Japan Tobacco International (JTI), similar to the other major
tobacco corporations, has reduced its production sites and shifted production
to the emerging markets. The firm has vigorously promoted the globalisation of its
tobacco business and steadily broadened its business base, currently owning 28
production sites world-wide[9].
JTI reduced the number of marketed cigarette brands to the most promising ones
and adapted the production processes to the new global set-up allowing them to
assign production volumes flexibly to the factories with free capacities.
Explanation of the unforeseen nature
of those redundancies
6.           The Austrian authorities
explained that the announcement in May 2011 by JTI to close the Hainburg
site and to dismiss all workers came as a surprise as the factory was
modernised just a few years earlier, after JTI had taken over Austria Tabak
from the British Gallaher group in 2007. JTI had then planned to make it a
medium-sized enterprise producing not only Austrian cigarette brands but
increasingly also the so-called GFB (global flagship brands) marketed by the
multinational[10].
At that time and in the years up to 2010, this was thought to be a long-term
strategy.
The table below shows the closures of Austria
Tabak's four factories since 2005 and the 827 redundancies caused, illustrating
the reorganisation undertaken by their respective owners, Gallaher group, UK (up to 2007) and JTI[11].

 Austria Tabak sites (4 + HQ) || date of site closure || number of redundancies || comment 
 Schwaz (Tirol) || end 2005 || 110 || not part of application 
 Fürstenfeld (Steiermark) || end 2005 || 48 
 2006: Gallaher group (UK) modernises Austria Tabak's remaining sites in Linz (Oberösterreich) and Hainburg (Niederösterreich) for higher cigarette volumes. 
 2007: Japan Tobacco International (JTI) acquires Austria Tabak restructuring it. 
 Linz (Oberösterreich) || end 2009 || 269 || not part of application 
 2010: the volumes produced so far in Linz are shifted to Hainburg which now manufactures 40% of the cigarettes consumed by the Austrian market. 2010/2011: Philip Morris gains market shares in Austria superseding Austrian brands. 
 Hainburg (Niederösterreich) || end 2011 || 320 || subject of the EGF application 
 Vienna headquarters || 2011/2012 || 80 || not part of application 
 Austrian cigarette brands & global flagship brands are now manufactured within JTI's global production chain (28 production sites world-wide). 
Demonstration of the number of
redundancies and compliance with the criteria of Article 2(c)
7.           Austria submitted the application under the
intervention criterion of Article 2(c) of Regulation (EC) No 1927/2006. This
provision allows applicants to derogate from the requirements of Articles 2(a)
and 2(b) in small labour markets or in exceptional circumstances when
redundancies have a serious impact on employment and the local economy. In this
case the applicant must specify which of the main eligibility requirements its
application fails to meet, and thus from which it is seeking a derogation. The
Austrian authorities specified that the application seeks to derogate from
Article 2(a), where the normal threshold is at least 500 redundancies over a
four-month period.
8.           The application cites a
total of 320 redundancies in Austria Tabak GmbH, an
agency supplying temporary workers (Posavac) and 13
further suppliers and downstream producers during the four-month reference
period from 20 August 2011 to 19 December 2011. Out
of these, 210 redundancies were calculated in accordance with the first indent
and 110 were calculated in accordance with the second indent of the second
paragraph of Article 2 of Regulation (EC) No 1927/2006.
9.           An additional 22 former
Austria Tabak workers left the labour market as they opted for early retirement
(not part of this EGF application). A further 80 workers were expected to lose
their jobs in Austria Tabak's Vienna headquarters, but since some of these
dismissals would happen outside the reference period, these 80 workers were not
included in this EGF application either.
10.         Austria justifies the
request for EGF support and the use of the exceptional circumstances criterion
by the particular situation of the cross-border area where the redundancies
occurred and the serious impact of the redundancies on the local and regional
economies and labour markets. The municipality of Hainburg is one of the easternmost towns of Austria bordering Slovakia and located in
the structurally weak district of Bruck an der Leitha[12]. Many workers from Slovakia (and also from Hungary) take up work on
the Austrian side of the cross-border area as the salary levels are higher than
at home. For the former Austria Tabak workers, the competition with other job
seekers is therefore tough. Details on the expected
impact of the redundancies are given further below.
11.         In the opinion of the
Commission services, the particular situation of the area affected by the job
losses (Austrian district bordering Slovakia) and the serious impact on the
local and regional economies and labour markets as described by the Austrian
authorities combine to meet the exceptional circumstances criterion of Article
2(c) of Regulation (EC) No
1927/2006. Since Austria Tabak was the area's second-largest
employer, with many small businesses linked to the enterprise, the impact of the enterprise's closure was
particularly severe at local level (Bruck an der Leitha district).
Identification of the dismissing
enterprises and workers targeted for assistance
12.         The application relates to
320 redundancies in the following 15 enterprises, with 270 workers
(84,4 %) targeted for assistance:
 Enterprises and number of dismissals 
 Austria Tabak GmbH || 210 || Eybel || 1 
 Posavac ÖWD Simacek Nitschinger Rehberger Alimanovic Mabeko || 83 4 7 2 1 1 1 || Windisch Bau GmbH Kubena Bauschutz Nagelreiter Stuhl Otto || 2 1 1 4 1 1   
 Total no. of enterprises: 15 || Total no. of dismissals: 320 
13.         The break-down of the 270
targeted workers is as follows:
 Category || Number || Percent 
 Men || 225 || 83,3 
 Women || 45 || 16,7 
 EU citizens || 253 || 93,7 
 Non EU citizens || 17 || 6,3 
 15-24 years old || 47 || 17,4 
 25-54 years old || 199 || 73,7 
 55-64 years old || 24 || 8,9 
 > 64 years old || 0 || 0,0 
14.         There are no workers with
longstanding health problems or disabilities among the targeted workers.
15.         In terms of occupational
categories, the break-down is as follows:
 Category || ISCO-08 || Number || Percent 
 Clerical support workers || 4 || 7 || 2,6 
 Service and sales workers || 5 || 7 || 2,6 
 Craft and related trades workers || 7 || 21 || 7,8 
 Plant and machine operators, and assemblers || 8 || 53 || 19,6 
 Elementary occupations || 9 || 182 || 67,4 
16.         In accordance with Article
7 of Regulation (EC) No 1927/2006, Austria has confirmed that a policy of
equality between women and men as well as non-discrimination has been applied,
and will continue to apply, during the various stages of the implementation of
and in access to the EGF.
Description of the territory
concerned and its authorities and stakeholders
17.         At
NUTS II level, the redundancies concern the Land of Niederösterreich (Lower Austria, AT12), one of Austria's nine federal provinces, and at NUTS III level the region Wiener
Umland/Südteil (AT127), and more specifically the district of Bruck an
der Leitha and the municipality of Hainburg.
18.         The main stakeholders are
the provincial government of Niederösterreich (niederösterreichische Landesregierung), the regional and local public employment services (Landesgeschäftsstelle
Niederösterreich; Bezirksstelle Bruck/Leitha des Arbeitsmarktservice AMS),
the municipality of Hainburg and, and for the social partners, the Chamber of
Labour of Niederösterreich (Arbeiterkammer Niederösterreich; worker
side), the Economic Chamber of Austria (Wirtschaftskammer Österreich; employer side), as well as trade union of private sector employees, printing, journalism, and
paper (GPA-djp,
Gewerkschaft der Privatangestellten, Druck, Journalismus, Papier) and Produktionsgewerkschaft
PRO-GE, both under the
umbrella of Austria's Federation of Trade Unions (Österreichische
Gewerkschaftsbund /ÖGB)[13].
Expected impact of the redundancies
as regards local, regional or national employment
19.         Austria argues that the
closure of Austria Tabak's Hainburg site has had a severe impact on both
the local and regional labour markets. Since Austria Tabak was the area's second-largest
employer, with many small businesses linked to the enterprise, the closure has put the Bruck an der
Leitha district in a particularly difficult situation. In September
2011, the number of job vacancies had almost halved (- 47 %),
compared to the same month in the previous year, whereas for Niederösterreich
(NUTS II level) and at national level, this decline was much lower (- 4 %
and - 7 %, respectively).
20.         According to the Austrian
authorities, the labour market is strained also at NUTS III level ('Wiener
Umland – Südteil'). Statistical data show that already from 2006 to 2010, this
region has had the highest unemployment figures among the seven NUTS III
regions of Niederösterreich[14].
Moving away to other areas is therefore not an easy option for the dismissed
workers, and the fact that many of them had relatively low-paid jobs, makes a
new start even more difficult.
21.         At
NUTS II level, the Land of Niederösterreich was also affected by other
mass redundancies for which EGF applications were submitted to the Commission: 704
redundancies in the metal sector in 2009[15]
and 1 274 redundancies related to the road transport sector in 2010[16].
Co-ordinated package of personalised
services to be funded and a breakdown of its estimated costs, including its
complementarity with actions funded by the Structural Funds
22.         The following types of
measures are proposed, all of which combine to form a coordinated package of
personalised services aimed at re-integrating the 270 targeted workers into
employment. They will be provided to the 210 former Austria Tabak
workers through an enterprise-type labour foundation (Unternehmensstiftung
Austria Tabak) as defined in Federal Directive AMF/23-2011[17], established on 1.12.2011 as
part of the social plan concluded a few months earlier. The measures for the 60 former
workers of the suppliers and downstream producers will be organised outside the
labour foundation.
23.         The body responsible for
implementing the measures within the labour foundation and for the coordination
with the regional public employment service (AMS, Arbeitsmarktservice) is waff
Arbeitsintegrations GmbH, Vienna, while the measures for the former workers
of the suppliers and downstream producers are carried out by FAB, Vienna
(www.fab.at). Both organisations are
specialised in supporting the employment re-integration and sustainable
qualification of workers.
The two implementing bodies, in cooperation with
the local employment services, assess the meaningfulness of each measure for
the labour market, and they monitor the development of each individual worker
to ensure that the plans agreed in the initial phases of the programme are
pursued. Waff and FAB also control the compliance of the measures
with the foundation rules (Stiftungsordnung) and other relevant sets of
laws. In line with §18 of Arbeitslosenversicherungsgesetz (ALVG) and depending
on each person's previous work-time pattern, the workers must involve
themselves full-time, learning times included. This is documented through
regular reports and certificates to confirm the participation of the workers in
the measures.
–     
Information regarding the labour foundation
and admission: General information for the 210
former workers of Austria Tabak GmbH with the possibility for them to apply for
admission to the labour foundation.
–     
Occupational orientation: This is the first activity taking place after the worker has
joined the labour foundation or the support scheme organised by FAB. It
is budgeted for all 270 workers and normally lasts six weeks, with the
possibility for extension by a few more weeks in particular cases. It consists
of an analysis of the vocational and personal potential of each worker and the
definition of a realistic occupational pathway plan forming the basis for the
participant's subsequent activities. During this measure, workers can also
follow short internships in an enterprise (tasters of maximum five days).
Those having the potential to create their own businesses are directed towards
the Enterprise Foundation Programme of the AMS which is financed outside the
EGF.
–     
Individual training: This is planned for 225 workers and can
cover any training that has been approved by the public employment service in
its catalogue of measures and which is necessary or helpful to improve the chances
for a re-integration of the individual. Other courses can be approved by the
AMS on an individual basis if they are in line with the worker's agreed
pathway.
Niederösterreich aims to upskill or retrain as
many workers as possible before they start looking for new jobs in order to prepare for the region's future employment challenges (e.g. response
to demographic ageing, greener and knowledge-based economy etc.). Depending on their educational and skills
levels, the workers have a variety of possibilities at their disposal. For
instance, lower skilled people can complete apprenticeships reduced in time
(about 50 % of the period normally required) and follow, in parallel,
classroom courses. Those with higher technical and/or educational backgrounds
can enrol in higher technical and vocational schools (berufsbildende
höhere Schulen) under Austria's adult vocational education and training scheme (zweiter
Bildungsweg für Erwachsene). Retraining will be targeted to areas as varied as green jobs, health and care, information
technologies, science, tourism and other services.
A part of the studies
and vocational training will not need to be co-financed by the EGF because it
is financed within the Austrian education system (receiving mixed financing
from national, regional and local sources)[18].
In cases where an agreed training programme takes
longer than the EGF implementation period, the extended
financing will be provided by Austria.
–     
Consultation and support during training: During the period a worker is on training
and qualification measures, the workers are followed-up by the career
development consultants of waff Arbeitsintegrations
GmbH and FAB who provide support in case of
need. This consultant-worker cooperation secures the successful completion of
the agreed pathway plans. This measure has been budgeted for 225 workers.
–     
Corporate internships during training: An important aspect of the support package is the combination of theoretical and practical
learning. Three different types of internships are
envisaged, with different durations and clearly defined rights and obligations
which need to be agreed by the AMS. This measure has been budgeted for 85
workers.
–     
Active job search assistance: This provides the workers with personalised assistance to help
them find new jobs including techniques on how to prepare for job interviews/selection
tests, etc. Depending on each
worker's profile and situation, the active job search can either start directly
after the occupational orientation or on completion of the individual training
path. The public employment services are informed when the worker enters the
job search stage. The job seekers can test a future new job during one week.
The normal duration of this module is limited to 14 weeks, renewable for an
additional 8 weeks for participants aged over 50 or for an additional 14 weeks
for people with a reduced working capacity. This
measure has been budgeted for 40 workers.
–     
Inplacement: In
exceptional and well defined cases, a theoretical qualification - in
combination with practical on-the-job training - can be undertaken directly
with an employer. The rights and obligations for
enterprise and worker are laid down in a written agreement which has to be
approved by the public employment service (AMS). This measure provides that the
worker is offered contract-based work in the enterprise either directly after
completion of the qualification measures or at an agreed date. It has been
budgeted for 60 workers.
–     
Intensive support for workers aged over 50: A comprehensive set of measures is available to cater for the
specific needs and circumstances of older workers to facilitate their
re-integration into work and recognising their right to employment up to
pension age. This measure has been budgeted for six
workers.
–     
Training allowance (ausbildungsbedingte
Zuschussleistung/Stipendien)[19]: This allowance is paid for all 210 former workers of Austria Tabak
GmbH only for the duration of their participation in the training measures
within the labour foundation. The rate is EUR 200 per person and month. It permits the worker to cover travel
expenses and the cost of learning materials. This allowance, combined with the
subsistence allowance, may not exceed a worker's unemployment benefit
assessment basis. Unemployment benefits are interrupted during the period these
training allowances are granted.
–     
Subsistence allowance while on training and
on active job search measures (Schulungsarbeitslosengeld)[20]: This allowance has been budgeted for all 210 former workers of
Austria Tabak GmbH only for the duration of their participation in the training
and active re-integration measures within the labour foundation. It permits a
serious full-time involvement of each dismissed worker
in the measures. The approximate rate is EUR 1 000 per person / month, and
13 months have been calculated in the budget (average figures, as the actual
amounts depend on each worker's salary prior to the dismissal and the period
during which each worker remains in the active measures). This allowance, combined with the training allowance, may not exceed
a worker's unemployment benefit assessment basis. Unemployment benefits are
interrupted during the period these subsistence allowances are granted.
–     
Subsistence allowance while on training and
on active job search measures, and qualification bonus (Beihilfe zur Deckung
des Lebensunterhaltes (DLU) und Qualifizierungsbonus)[21]: This allowance/bonus has been budgeted for 60 former workers of
the suppliers/downstream producers only for the duration of their participation
in the training and active re-integration measures within the EGF
project (supported by FAB). It permits a serious full-time involvement of each dismissed worker in the measures. 
Workers who participate in longer training
measures (longer than three months with a minimum of 25 hours per week)
will receive an additional qualification bonus (less than EUR 10
per day).
The approximate rate for the subsistence allowance is EUR 1 000
per person / month, and slightly less than 13 months have been calculated
in the budget (average figures, as the actual amounts depend on each worker's
salary prior to the dismissal and the period during which each worker remains
in the active measures). This allowance may not exceed
a worker's unemployment benefit assessment basis. Unemployment benefits are
interrupted during the period these subsistence allowances are granted.
–     
Aftercare on a new post: This activity, available upon individual request, can last up to
26 weeks once a worker has taken up new work and after having left the labour
foundation. This measure is a contribution towards sustainability of the new
employee-employer relationship and helps to prevent job losses. It has been budgeted for 37 workers.
24.         The expenditure for
implementing the EGF, which is included in the application in accordance with
Article 3 of Regulation (EC) No 1927/2006, covers preparatory, information and
publicity as well as control activities and the management of the labour
foundation. The labour foundation management costs are calculated on a flat
rate basis (EUR 75 000 for the EGF implementation period). All partners
involved in the measures are committed to communicating the EGF support.
25.         The personalised services
presented by the Austrian authorities are active labour market measures within
the eligible actions defined by Article 3 of Regulation (EC) No 1927/2006. The
Austrian authorities estimate the total costs at EUR 6 064 615,
of which the expenditure for personalised services at EUR 5 864 615
and the expenditure for implementing the EGF at EUR 200 000 (3,3 %
of the total amount). The total contribution requested from the EGF is
EUR 3 941 999 (65 %
of the total costs).
 Actions || Estimated number of workers targeted || Estimated cost per worker targeted (EUR) || Total costs (EGF and national cofinancing) (EUR) 
 Personalised services (first paragraph of Article 3 of Regulation (EC) No 1927/2006) 
 Information regarding the labour foundation and admission || 210 || 100 || 21 000 
 Occupational orientation (Berufsorientierung) || 270 || 1 090 || 294 300 
 Individual training (Individuelle Qualifizierung) || 225 || 4 560 || 1 026 000 
 Consultation and support during training (Bildungsbegleitung) || 225 || 767 || 172 575 
 Corporate internships during training (Praktika während der Qualifizierung) || 85 || 200 || 17 000 
 Active job search assistance (Aktive Arbeitssuche) || 40 || 300 || 12 000 
 Inplacement (practical training with a new employer, combined with classroom training) || 60 || 650 || 39 000 
 Intensive support for workers aged over 50 || 6 || 200 || 1 200 
 Training allowance (ausbildungsbedingte Zuschussleistung/Stipendien) || 210 || 3 600 || 756 000 
 Subsistence allowance while on training and active job search (Schulungsarbeitslosengeld) || 210 || 13 000 || 2 730 000 
 Subsistence allowance while on training and active job search and qualification bonus (Beihilfe zur Deckung des Lebensunterhaltes (DLU) und Qualifizierungsbonus) || 60 || 13 000 || 780 000 
 Aftercare on a new job (Nachbetreuung) || 37 || 420 || 15 540 
 Sub total personalised services ||   || 5 864 615 
 Expenditure for implementing EGF (third paragraph of Article 3 of Regulation (EC) No 1927/2006) 
 Preparatory activities ||   || 25 000 
 Management of the labour foundation ||   || 75 000 
 Information and publicity ||   || 35 000 
 Control activities ||   || 65 000 
 Sub total expenditure for implementing EGF ||   || 200 000 
 Total estimated costs ||   || 6 064 615 
 EGF contribution (65 % of total costs) ||   || 3 941 999 
26.         According to Austria, the measures described above are complementary with actions funded by the
Structural Funds. The current Austrian ESF Operational Programme under
Objective 2 focuses mainly on the long-term unemployed (and to a lesser extent
on older workers and women wishing to return to work after longer career
breaks), whereas the EGF aims to help workers immediately after their lay-offs.
Since Austria has put in place certification of costs procedures to exclude any
risk of double financing, there is no overlapping between the two funds.
Date(s) on which the personalised
services to the affected workers were started or are planned to start
27.         Austria started the
personalised services to the affected workers included in the co-ordinated
package proposed for co-financing to the EGF on 15 November 2011.
This date therefore represents the beginning of the period of eligibility for
any assistance that might be awarded from the EGF.
Procedures for consulting the social
partners
28.         On 11 August 2011, staff
representatives of Austria Tabak GmbH, Wirtschaftskammer Österreich
(employer side), Arbeiterkammer Niederösterreich (worker side) and the
trade unions Produktionsgewerkschaft PRO-GE and GPA-djp agreed on a
social plan for the dismissed workers which included plans to establish a
labour foundation to provide the workers with targeted support for finding new
jobs. The agreement of the social partners was a prerequisite for the
recognition of the Austria Tabak labour foundation by the Austrian employment
services (AMS).
29.         Austrian social partnership
cooperation is a voluntary arrangement of mostly informal nature and is not
regulated by law[22].
Only when enterprises decide to participate in specific labour market policy
measures are they subject to the applicable public employment service (AMS)
rules.
30.         The Austrian authorities
confirmed that the requirements laid down in national and EU legislation
concerning collective redundancies have been complied with.
Information on actions that are mandatory
by virtue of national law or pursuant to collective agreements
31.         As regards the criteria
contained in Article 6 of Regulation (EC) No 1927/2006, the Austrian
authorities in their application:
·      confirmed that the financial contribution from the EGF does not
replace measures which are the responsibility of companies by virtue of
national law or collective agreements;
·      demonstrated that the actions provide support for individual workers
and are not to be used for restructuring companies or sectors;
·      confirmed that the eligible actions referred to above do not receive
assistance from other EU financial instruments.
Management and control systems 
32.         Austria has notified the Commission that Japan
Tobacco International (JTI) and Niederösterreich's
public employment services (AMS) will provide the
35 % national co-financing and are pre-financing the actions. The former
will take on 28 % of the national co-financing and the latter 72 %
(approximate figures).
33.         Austria confirmed that the
financial contribution will be managed by the same body that manages the ESF: unit VI/INT/9 within
the Federal Ministry for Labour, Social Affairs and Consumer Protection (BMASK Bundesministerium für Arbeit, Soziales und
Konsumentenschutz), which will act as managing
authority and as payment service. The financial control
authority for the EGF is different from that of the ESF: unit VI/S/5a within
BMASK will take on this function for the EGF. 
34.         The coordinated package of
personalised measures is implemented by Unternehmensstiftung Austria
Tabak managed by waff Arbeitsintegrations GmbH, Vienna in
cooperation with FAB, Vienna and is monitored by the public employment
service (AMS). Furthermore, the BMASK is supported by a technical assistance
provider who will also act as first level control. All major arrangements and
obligations are laid down in written agreements.
Financing
35.         On the basis of the
application from Austria, the proposed contribution from the EGF to the
coordinated package of personalised services (including
expenditure to implement EGF) is EUR 3 941 999,
representing 65 % of the total cost. The Commission's proposed allocation
under the Fund is based on the information made available by Austria.
36.         Considering the maximum
possible amount of a financial contribution from the EGF under Article 10(1) of
Regulation (EC) No 1927/2006, as well as the scope for reallocating
appropriations, the Commission proposes to mobilise the EGF for the total
amount referred to above, to be allocated under heading 1a of the financial
framework.
37.         The proposed amount of
financial contribution will leave more than 25 % of the maximum annual
amount earmarked for the EGF available for allocations during the last four
months of the year, as required by Article 12(6) of Regulation (EC) No
1927/2006.
38.         By presenting this proposal
to mobilise the EGF, the Commission initiates the simplified trialogue
procedure, as required by Point 28 of the Interinstitutional Agreement of 17
May 2006, with a view to securing the agreement of the two arms of the
budgetary authority on the need to use the EGF and the amount required. The
Commission invites the first of the two arms of the budgetary authority that
reaches agreement on the draft mobilisation proposal, at appropriate political
level, to inform the other arm and the Commission of its intentions. In case of
disagreement by either of the two arms of the budgetary authority, a formal
trialogue meeting will be convened.
39.         The Commission presents
separately a transfer request in order to enter in the 2013 budget specific
commitment appropriations, as required in Point 28 of the Interinstitutional
Agreement of 17 May 2006.
Source of payment appropriations 
40.         Appropriations from the EGF
budget line will be used to cover the amount of EUR 3 941 999
needed for the present application.
Proposal for a
DECISION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL
on the mobilisation of the European
Globalisation Adjustment Fund in accordance with point 28 of the
Interinstitutional Agreement of 17 May 2006 between the European Parliament,
the Council and the Commission on budgetary discipline and sound financial
management (application EGF/2011/010 AT/Austria Tabak from Austria)
THE EUROPEAN PARLIAMENT AND THE
COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the
Functioning of the European Union,
Having regard to the Interinstitutional
Agreement of 17 May 2006 between the European Parliament, the Council and the
Commission on budgetary discipline and sound financial management[23], and in particular point 28
thereof,
Having regard to Regulation (EC) No
1927/2006 of the European Parliament and of the Council of 20 December 2006
establishing the European Globalisation Adjustment Fund[24], and in particular Article
12(3) thereof,
Having regard to the proposal from the
European Commission[25],
Whereas:
(1)       The European Globalisation
Adjustment Fund (EGF) was established to provide additional support for workers
made redundant as a result of major structural changes in world trade patterns
due to globalisation and to assist them with their reintegration into the
labour market.
(2)       The scope of the EGF was
broadened for applications submitted from 1 May 2009 to 30 December 2011 to include
support for workers made redundant as a direct result of the global financial and
economic crisis.
(3)       The Interinstitutional
Agreement of 17 May 2006 allows the mobilisation of the EGF within the annual
ceiling of EUR 500 million.
(4)       Austria submitted an
application to mobilise the EGF, in respect of redundancies in the enterprise
Austria Tabak GmbH and in 14 suppliers and downstream producers, on
20 December 2011 and supplemented it by additional information up to 9 October 2012.
This application complies with the requirements for determining the financial
contributions as laid down in Article 10 of
Regulation (EC) No 1927/2006. The Commission, therefore,
proposes to mobilise an amount of EUR 3 941 999.
(5)       The EGF should, therefore,
be mobilised in order to provide a financial contribution for the application
submitted by Austria.
HAVE ADOPTED THIS DECISION:
Article 1
For the general budget of the European
Union for the financial year 2013, the European Globalisation Adjustment Fund
(EGF) shall be mobilised to provide the sum of EUR 3 941 999 in
commitment and payment appropriations.
Article 2
This Decision shall be published in the Official
Journal of the European Union.
Done at Brussels, 
For the European Parliament                       For
the Council
The President                                                 The
President
[1]               OJ C 139, 14.6.2006, p. 1.
[2]               OJ L 406, 30.12.2006, p. 1.
[3]               In accordance with the third paragraph of Article 3
of Regulation (EC) No 1927/2006.
[4]               Geneva based JTI belongs to
Japan Tobacco Inc., Japan and is one of the world's
largest tobacco corporations (in 2007: 10,8 % of the
world market), after State-owned
China National Tobacco Corporation (in 2007: 32 %), Philip Morris
International (in 2007: 18,7 %), and British American Tobacco (in 2007:
17,1 %). JTI currently operates in 120 countries employing 25 000
people.
[5]               Division 12 of NACE Revision 2 includes both smoking
and smokeless tobacco products. The former include manufactured cigarettes as
well as cigars, pipes and hand-rolled cigarettes. Smokeless tobacco includes
products such as snuff or chewing tobacco.
[6]               http://www.who.int/tobacco/en/atlas5.pdf
[7]               http://www.tobaccoatlas.org:
updated 2012 (fourth) edition.
[8]               China with 320-350 million
smokers represents a huge market, according to WHO, Philip Morris and other
sources. More than 38 % of the world's cigarettes
in 2009 were consumed in China, the Russian Federation being the next
highest-ranking country. The per capita rate of smokers is said to be highest
in Russia (about 39 % of Russia's 143 million population), in comparison
to 28 % of China's 1,3 billion population and 27 % of the 314
million population of the USA.
[9]               http://www.jt.com/about/division/tobacco_global/index.html
[10]             Austrian cigarette brands are for example Meine Sorte
or Memphis. Global flagship brands are for example Camel and Benson
& Hedges.
[11]             The years up to 1995, Austria Tabak was State-owned
with a monopoly in Austria for producing, finishing and disseminating
cigarettes and other tobacco products, such as filters. In 2001, they were
acquired by the British Gallaher Group, and JTI took over Gallaher, including
Austria Tabak, in 2007.
[12]             This
district is part of the NUTS III region 'Wiener Umland – Südteil'; in the South
it borders with Austria's only 'phasing out' region, the
NUTS II province of Burgenland (see map).
[13]             http://www.oegb.at/servlet/ContentServer?pagename=S06/Page/Index&n=S06_4
[14]             Statistik Austria: Statistisches Jahrbuch 2012
[15]             EGF/2010/007
AT/Steiermark-Niederösterreich, OJ L 263, 7.10.2011.
[16]             EGF/2011/001
AT/Niederösterreich-Oberösterreich, OJ L 317,
30.11.2011.
[17]             Austrian labour foundations are an active labour market
policy instrument in Austria to improve the labour market position of job
seekers. They are based on Arbeitslosenversicherungsgesetz (§ 18) and on
implementing directives issued by the labour market service (AMS). Latest AMS
directive: http://www.ams.at/_docs/001_ast_RILI.pdf
[18]             www.abc.berufsbildendeschulen.at
/ http://www.kursfoerderung.at/index.php?id=3 http://erwachsenenbildung.at/themen/lebenslanges_lernen
[19]             Based on § 18 of Arbeitslosenversicherungsgesetz (ALVG).
[20]             Based on § 18 of Arbeitslosenversicherungsgesetz (ALVG).
[21]             Beihilfe zur Deckung des
Lebensunterhaltes (DLU), based
on § 35 of Arbeitslosenversicherungsgesetz
(ALVG) and on Federal Directive AMF/3-2012 http://www.ams.at/_docs/001_bemo_RILI.pdf

[22]             ÖGB website http://www.sozialpartner.at/sozialpartner/Sozialpartnerschaft_mission_en.pdf
[23]             OJ C 139, 14.6.2006, p. 1.
[24]             OJ L 406, 30.12.2006, p. 1.
[25]             OJ C […], […], p. […].