Employment Institutions [EU]

European Social Fund

Regulation (EU) 1304/2013 — the European Social Fund

It sets down principles, rules and standards for the implementation of the European Social Fund (ESF).
In 2014-2020, the ESF covers 4 main areas of investment:
employment and in particular youth employment;
social inclusion;
education; and
good governance (i.e. improved quality of public administration).

Overall aims

The ESF invests in people with the aim of improving employment and education opportunities across the EU. Over the 2014-2020 period, it aims to pay particular attention to vulnerable groups, including youth. The regulation describes the scope of the ESF and its relationship with the Youth Employment Initiative (YEI).

Key themes

The ESF focuses on a number of key themes including:

promoting employment and supporting labour mobility;
promoting social inclusion and combating poverty;
investing in education, skills and lifelong learning;
enhancing institutional capacity and the efficiency of public administration.
Eligible regions

All EU countries are eligible for funding from the ESF. A wide range of organisations, from both the public and private sectors, can apply through the EU countries.

Budget priorities

For the first time, a minimum share has been introduced for the ESF, set at 23.1% of cohesion policy which corresponds to more than €80 billion earmarked for ESF programming during the 2014-2020 programming period.

In each EU country, at least 20% of the ESF must be earmarked for social inclusion and combating poverty. This means helping vulnerable people and disadvantaged groups to get the skills and jobs they need to integrate in the labour market.

The ESF must provide targeted help for young people by topping up the YEI with at least €3.2 billion. This initiative must exclusively support young people not in employment, education or training in regions experiencing youth unemployment rates above 25%.

In light of the need to address the persistently high levels of youth unemployment in the EU, Regulation (EU) 2015/779 amends Regulation (EU) No 1304/2013. It increases the level of the initial pre-financing paid to operational programmes supported by the YEI in 2015 from 1% to 30%.

Focus on results

The programmes must be results-oriented and based on the additionality principle*. The concentration mechanism (i.e. very focused measures on a given target group) is important in order to make a real impact on the ground.

Implementation

Partnership Agreements and operational programmes, agreed between the EU countries and the European Commission, set the framework for strategic investments at national and regional level.

Public Private Partnerships

Regulation (EU) No 1303/2013 stipulates that in relation to a Public Private Partnership (‘PPP’) operation a beneficiary may be a body governed by private law of an EU country (‘private partner’). The private partner (selected to implement the operation) may be replaced as beneficiary during implementation — where this is required — under the terms and conditions of the PPP or of the underlying financing agreement between the private partner and the financial institution co-financing the operation.

Commission Delegated Regulation (EU) 2015/1076 lays down additional rules on the replacement of the beneficiary and on the related responsibilities. In the case of the replacement of a beneficiary in a PPP operation funded by European Structural and Investment Funds (ESIFs), it is necessary to ensure that after the replacement, the new partner or body provides at least the same service and with the same minimum quality standards, which was required by the initial PPP contract. This regulation also sets out procedures with regard to proposals to replace the private partner and confirmation of the private partner, as well as minimum requirements to be included in PPP agreements funded by ESIFs.

Application & Background

It has applied since 21 December 2013.

For more information, see:

European Social Fund (European Commission).

KEY TERMS

Additionality principle: ESF funding may not replace national spending by an EU country.

MAIN DOCUMENT

Regulation (EU) 1304/2013 of the European Parliament and of the Council of 17 December 2013 on the European Social Fund and repealing Council Regulation (EC) No 1081/2006 (OJ L 347, 20.12.2013, pp. 470-486)

Successive amendments to Regulation (EU) 1304/2013 have been incorporated into the original document. This consolidated version is of documentary value only.

European Labour Authority

Regulation (EU) 2019/1149 establishing a European Labour Authority

The principle of free movement of workers is enshrined in Article 45 of the Treaty on the Functioning of the European Union (TFEU).

The regulation establishes the European Labour Authority (ELA), a body designed to help ensure fair labour mobility across the EU and support the coordination of social security systems.

Key Points

The regulation establishes the European Labour Authority, amending Regulations (EC) No 883/2004 on the coordination of social security systems, (EU) No 492/2011 on the free movement of workers, and (EU) 2016/589 on a European network of employment services (EURES). It repeals Decision (EU) 2016/344 on tackling undeclared work.

It brings together the technical and operational tasks of several existing EU bodies:

the EURES European coordination office;
the technical committee on the Free Movement of Workers;
the Committee of Experts on the Posting of Workers*; and
the European Platform tackling undeclared work.
The European Labour Authority is part of the roll-out of the European Pillar of Social Rights.

Objectives and tasks

The ELA’s objectives are to:

ensure easier access to information on rights, obligations and services regarding labour mobility across the EU;
improve cooperation between countries to enforce the relevant laws across the EU, including joint inspections;
mediate and facilitate solutions where there are disputes between countries; and
support cooperation between EU countries to tackle undeclared work.

The ELA is responsible for:

improving the availability, quality and accessibility of information of a general nature offered to individuals, employers and social partner organisations regarding rights and obligations in relation to labour mobility;
supporting EU countries in providing services to individuals and employers through EURES, such as cross-border matching of job, traineeship, and apprenticeship vacancies with CVs;
facilitating the cooperation and rapid exchange of information between countries;
coordination and supporting concerted* and joint* inspections;
cooperating with EU countries to assess risks and carry out analyses on labour mobility and social security coordination;
supporting EU countries to build capacity for consistent enforcement of relevant EU law, for instance through mutual assistance and training, including developing common guidelines;
reinforce the work of the European Platform to enhance cooperation in tackling undeclared work to share best practices, develop expertise and analysis and encourage innovative approaches;
mediating in and facilitating solutions to disputes between EU countries to reconcile divergent points of view.

Organisation

The ELA administrative and management structure consists of a management board, an executive director and a stakeholder group.

The management board comprises:

1 member from each EU country,
2 members representing the European Commission,
1 independent expert appointed by the European Parliament (without voting rights),
4 members representing cross-industry social partner organisations (without voting rights), with equal representation of trade unions and employer organisations.
Representatives of countries applying EU law within the scope of ELA, the EU agencies Eurofound, EU-OSHA, Cedefop or the European Training Foundation may be invited to participate as observers in meetings of the management board.

Fundamental rights

The regulation does not affect the exercise of fundamental rights as recognised at EU and national level, including the right or freedom to strike or to take other action covered by the specific industrial relations systems in EU countries in accordance with national law or practice.

Application & Background

It has applied since 31 July 2019.

BSee also:

European Labour Authority (European Commission)
European Pillar of Social Rights (European Commission)
EURES The European Job Mobility Portal (European Commission)
Free movement — EU nationals (European Commission)
Undeclared work (European Commission).

KEY TERMS

The EU’s Agency for Safety and Health at Work (EU-OSHA)

Regulation (EU) 2019/126 establishing the European Agency for Safety and Health at Work (EU-OSHA)

It repeals and replaces Regulation (EC) No 2062/94 which, in 1994, established the European Agency for Safety and Health at Work (EU-OSHA).
It adapts the rules concerning EU-OSHA to take into account as far as possible its tripartite nature. It is governed by a board comprising representatives of:
EU countries’ governments;
employers and workers of EU countries — social partners; and
the European Commission.

Objective

As one of the EU’s decentralised agencies, EU-OSHA’s objective is to provide the EU institutions and bodies, EU countries, the social partners and others involved in the field of safety and health at work with:

relevant technical, scientific and economic information; and
qualified expertise in the field in order to improve the working environment as regards the protection of the safety and health of workers.
It seeks to meet this objective by:

enhancing and disseminating knowledge;
providing evidence and services for the purpose of policymaking, including research-based conclusions; and
facilitating knowledge-sharing among interested parties at EU and national levels.

Tasks

While fully respecting EU countries’ own responsibilities, EU-OSHA:

collects and analyses technical, scientific and economic information on safety and health at work in the EU countries in order to:
identify risks and good practices, as well as existing national priorities and programmes;
provide the necessary input to EU priorities and programmes;
disseminate that information to the EU institutions and bodies, EU countries, the social partners and other parties involved in the field;
collects and analyses information on research into safety and health at work and on other related research activities, and disseminates the results;
promotes cooperation and the sharing of information and experience amongst EU countries, including information on training programmes;
contributes to the implementation of reforms and policies at national level;
collects and makes available relevant information from and to non-EU countries and international organisations;
provides information on methods and tools for implementing preventive activities, identifies good practices and promotes preventive actions, paying particular attention to the specific problems of micro-, small and medium-sized enterprises;
contributes to the development of EU strategies and action programmes;
establishes a strategy for relations with non-EU countries and international organisations;
carries out awareness-raising and communication activities and campaigns.

Organisation

EU-OSHA, which is based in Bilbao, Spain, has a management board and an executive board, an executive director and a network.

Management board

It comprises:
1 representative from each EU country;
1 representative of the employers’ organisation for each EU country;
1 representative of the employees’ organisation for each EU country;
3 members representing the Commission;
1 independent expert appointed by the European Parliament.
The board’s main functions are to:
provide EU-OSHA’s strategic direction;
adopt EU-OSHA’s programming document;
adopt EU-OSHA’s budget;
adopt rules of procedure (including those of the executive board), financial rules, rules on preventing and managing conflicts of interest and an anti-fraud strategy;
appoint the executive director.

Executive board

The executive board assists the management board by:

preparing its decisions;
monitoring, together with the management board, any follow-up to findings and recommendations stemming from internal or external audit reports, and OLAF investigations;
advising the executive director in the implementation of management board decisions, in order to reinforce the supervision of administrative and budgetary management.
Executive director

The executive director is responsible for:

EU-OSHA’s management and the implementation of EU-OSHA’s tasks and budget;
drawing up a draft programming document containing a multiannual and an annual work programme in line with Regulation (EU) No 1271/2013 on the financial rules adopted by the EU’s agencies and bodies.
Network

EU-OSHA’s network comprises:

the main components of the national tripartite information networks, including the national employers’ and employees’ organisations;
the national focal points (typically the competent authority for safety and health at work in each EU country).
Work programmes

The draft programming document is submitted to the management board for its approval and then submitted to the Commission, the European Parliament and the Council before 31 January each year.

The multiannual work programme sets out:
overall strategic programming, including objectives;
expected results and performance indicators;
resource programming including multiannual budget and staff.
The annual work programme must be consistent with the multiannual work programme and comprises:
detailed objectives and expected results, including performance indicators;
a description of the actions to be financed, including planned measures to increase efficiency;
an indication of the financial and human resources allocated to each action;
possible actions for relations with non-EU countries and international organisations.
Both programmes must avoid overlaps with work carried out by other EU agencies. EU-OSHA coordinates closely with 2 other tripartite agencies: the European Foundation for Living and Working Conditions (Eurofound) and the European Centre for the Development of Vocational Training (Cedefop). It also works closely with the Advisory Committee on Safety and Health at Work.

Budget

Estimates of all revenue and expenditure for EU-OSHA must be prepared each financial year and shown in EU-OSHA’s budget. The budget must be balanced in terms of revenue and expenditure.

Its revenue side comprises:
a contribution from the EU’s general budget;
voluntary financial contributions from EU countries;
charges for publications and any service provided by EU-OSHA;
any contribution from non-EU countries involved in EU-OSHA’s work.
Its expenditure side includes:
staff remuneration;
administrative and infrastructure expenses;
operational expenditure.
Evaluation

By 21 February 2024, and every 5 years thereafter, the Commission must ensure that an evaluation is carried out to assess EU-OSHA’s performance in relation to its objectives, mandate and tasks.

Application & Background

It has applied since 20 February 2019.

For more information, see:

MAIN DOCUMENT

Regulation (EU) 2019/126 of the European Parliament and of the Council of 16 January 2019 establishing the European Agency for Safety and Health at Work (EU-OSHA), and repealing Council Regulation (EC) No 2062/94 (OJ L 30, 31.1.2019, pp. 58-73)

European Foundation for Living and Working Conditions

Regulation (EU) 2019/127 establishing the European Foundation for the improvement of living and working conditions (Eurofound)

It repeals and replaces Regulation (EEC) No 1365/75 which, in 1975, established the European Foundation for the Improvement of Living and Working Conditions (Eurofound).
It adapts the rules concerning Eurofound to take into account as far as possible its tripartite nature. It is governed by a board comprising representatives of:

EU countries’ governments;
employers and workers of EU countries — social partners; and
the European Commission.

Objective

As one of the EU’s decentralised agencies, Eurofound’s objective is to support the Commission, other EU institutions and organisations, EU countries and the social partners in shaping and implementing policies concerning:

improving living and working conditions;
devising employment policies; and
promoting dialogue between management and labour forces.
It seeks to meet this objective by:

Tasks

While fully respecting EU countries’ own responsibilities, Eurofound:

analyses developments and provides comparative analyses of policies and practices in EU countries and, where relevant, other countries;
collects data and analyses trends in living and working conditions, employment and labour market developments;
analyses the developments in industrial relation systems, in particular social dialogue at EU and national levels;
studies and researches relevant socioeconomic developments and related policy issues;
carries out pilot projects and preparatory actions, where requested to do so by the Commission;
provides forums for sharing experiences and information between interested parties at national level;
manages and makes available tools and datasets to policymakers, the social partners, academic bodies and other interested parties;
establishes a strategy for relations with non-EU countries and international organisations concerning matters for which it is responsible.

Organisation

Eurofound, which is based in Dublin, Ireland, has a management board, an executive board and an executive director.

Management board

It comprises:

1 representative from each EU country;
1 representative of the employers’ organisation for each EU country;
1 representative of the employees’ organisation for each EU country;
3 members representing the Commission;
1 independent expert appointed by the European Parliament.
The board’s main functions are to:

provide Eurofound’s strategic direction;
adopt Eurofound’s programming document;
adopt Eurofound’s budget;
adopt rules of procedure (including those of the Executive Board), financial rules, rules on preventing and managing conflicts of interest and an anti-fraud strategy;
appoint the Executive Director.
The Board elects, by a majority of two-thirds, a chairperson and 3 deputy chairpersons representing the various interests. Their term of office is 1 year and renewable.

It may establish advisory committees in line with the policy priority areas outlined in Eurofound’s programming documents.

Executive board

The executive board assists the management board by:

Executive director

The executive director is responsible for:

Eurofound’s management and the implementation of Eurofound’s tasks and budget;
drawing up a draft programming document containing a multiannual and an annual work programme in line with Regulation (EU) No 1271/2013 on the financial rules adopted by the EU’s agencies and bodies.

Work programmes

The draft programming document is submitted to the management board for its approval and then submitted to the Commission, the European Parliament and the Council before 31 January each year.

The multiannual work programme sets out:
overall strategic programming, including objectives;
expected results and performance indicators;
resource programming including multiannual budget and staff.
The annual work programme must be consistent with the multiannual work programme and comprises:
detailed objectives and expected results, including performance indicators;
a description of the actions to be financed, including planned measures to increase efficiency;
an indication of the financial and human resources allocated to each action;
possible actions for relations with non-EU countries and international organisations.
Both programmes must avoid overlaps with work carried out by other EU agencies. Eurofound coordinates closely with 2 other tripartite agencies: the European Agency for Safety and Health at Work (EU-OSHA) and the European Centre for the Development of Vocational Training (Cedefop).

Budget

Estimates of all revenue and expenditure for Eurofound must be prepared each financial year and shown in Eurofound’s budget. The budget must be balanced in terms of revenue and expenditure.

Its revenue side comprises:
a contribution from the EU’s general budget;
voluntary financial contributions from EU countries;
charges for publications and any service provided by Eurofound;
any contribution from non-EU countries involved in Eurofound’s work.
Its expenditure side includes:
staff remuneration;
administrative and infrastructure expenses;
operational expenditure.

Evaluation

By 21 February 2024, and every 5 years thereafter, the Commission must ensure that an evaluation is carried out to assess Eurofound’s performance in relation to its objectives, mandate and tasks.

FROM WHEN DOES THE REGULATION APPLY?

It has applied since 20 February 2019.

BACKGROUND

For more information, see:

Employment Institutions [EU]

European Social Fund

Overall aims

Key themes

Budget priorities

Focus on results

Public Private Partnerships

Application & Background

MAIN DOCUMENT

European Labour Authority

Key Points

Objectives and tasks

Organisation

Fundamental rights

Application & Background

The EU’s Agency for Safety and Health at Work (EU-OSHA)

Objective

Tasks

Organisation

Executive board

Budget

Application & Background

MAIN DOCUMENT

European Foundation for Living and Working Conditions

Objective

Tasks

Organisation

Executive board

Executive director

Work programmes

Budget

MAIN DOCUMENT

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