Decision No 573/2014/EU of the European Parliament and of the Council of 15 May 2014 on enhanced cooperation between Public Employment Services (PES) Text with EEA relevance

• CELEX: Decision No 573/2014/EU
• Articles: 13

Article 1 Establishment of the Network

A Union-wide network of Public Employment Services (PES) is hereby established for the period from 17 June 2014 to 31 December 2020 (‘the Network’). The Network shall carry out the initiatives laid down in Article 4.

The Network shall be composed of:

(a)

the PES as nominated by the Member States;

(b)

the Commission.

EMCO shall have an observer status.

Member States with subnational autonomous PES shall ensure their adequate representation in the specific initiatives of the Network.

Article 2 Definition of benchlearning

For the purposes of this Decision and the activities of the Network, ‘benchlearning’ means the process of creating a systematic and integrated link between benchmarking and mutual learning activities, that consists of identifying good performances through indicator-based benchmarking systems, including data collection, data validation, data consolidation and assessments, with appropriate methodology, and of using findings for tangible and evidence-informed mutual learning activities, including good or best practice models.

Article 3 Objectives

The aim of this Decision is to encourage cooperation between Member States through the Network in the field of employment, within the areas of PES responsibility, in order to contribute to ‘Europe 2020’ and to the implementation of relevant Union policies, thereby supporting:

(a)

the most vulnerable social groups with high unemployment rates, especially older workers and young persons not in employment, education or training (‘NEETs’);

(b)

decent and sustainable work;

(c)

the better functioning of the labour markets in the EU;

(d)

the identification of skills shortages and the provision of information on their extent and location, as well as the better matching of the skills of job-seekers with the needs of employers;

(e)

the better integration of labour markets;

(f)

increased voluntary geographical and occupational mobility on a fair basis to meet specific labour market needs;

(g)

the integration of persons excluded from the labour market as part of the combat against social exclusion;

(h)

the evaluation and assessment of active labour market initiatives and their effective and efficient implementation.

Article 4 Initiatives of the Network

1.   Within the areas of PES responsibility, the Network shall, in particular, carry out the following initiatives:

(a)

the development and implementation of Union-wide, evidence-based benchlearning among PES to compare, with appropriate methodology, the performance of their activities in the following areas:

(i)

contribution to reducing unemployment for all age groups and for vulnerable groups;

(ii)

contribution to reducing the duration of unemployment and reducing inactivity, so as to address long-term and structural unemployment, as well as social exclusion;

(iii)

filling of vacancies (including through voluntary labour mobility);

(iv)

customer satisfaction with PES services;

(b)

the provision of mutual assistance, either in the form of peer-to-peer or group activities, through cooperation, exchanges of information, experiences and staff between the members of the Network, including support for the implementation of PES-related country-specific recommendations issued by the Council upon request by the Member State or the PES concerned;

(c)

contribute to modernising and strengthening PES in key areas, in line with the employment and social objectives of Europe 2020;

(d)

prepare reports at the request of the European Parliament, the Council or the Commission, or on its own initiative;

(e)

contribute to the implementation of relevant policy initiatives;

(f)

adopt and implement its annual work programme setting out its working methods, deliverables and the details related to the implementation of benchlearning;

(g)

promote and share best practices on the identification of NEETs and on the development of initiatives to ensure those young people gain the skills necessary to enter and remain in the labour market.

As regards the initiative laid down in point (a) of the first subparagraph, the benchmarking shall use the indicators set out in the Annex. The Network shall also participate actively in the implementation of these activities by sharing data, knowledge and practices. Member States shall remain competent to decide whether to engage on a voluntary basis in additional benchlearning exercises in areas other than those listed in points (i) to (iv) of point (a).

2.   The Network shall establish a reporting mechanism in relation to the initiatives listed in paragraph 1. In application of that mechanism, the members of the Network shall report annually to the Board.

Article 5 Cooperation

The Network shall initiate cooperation with relevant labour market stakeholders including other providers of employment services, and, where appropriate, social partners, organisations representing unemployed persons or vulnerable groups, NGOs working in the field of employment, regional and local authorities, the European Lifelong Guidance Policy Network and private employment services, by involving them in relevant activities and meetings of the Network and by exchanging information and data with them.

Article 6 Functioning of the Network

1.   The Network shall be governed by a Board. Member States shall nominate onto the Board one member and one alternate member, from the senior management of their respective PES. The Commission shall also appoint one member and one alternate member of the Board. Alternate members of the Board shall replace their members whenever necessary.

EMCO shall nominate, from its members and in accordance with its Rules of Procedure, one representative who will have observer status on the Board, with the exception of the restricted sessions of the Board. The Board shall be able to meet in restricted sessions, with the participation of one member per Member State and one member from the Commission, except for agenda points concerning the annual work programme. The Rules of Procedure of the Board shall provide further detailed rules on the holding of restricted sessions.

2.   The Board shall appoint a Chair and two Vice-Chairs from among its members nominated by a Member State. The Chair shall represent the Network. A Vice-Chair shall replace the Chair whenever necessary.

3.   The Board shall adopt its Rules of Procedure by unanimous decision. Those Rules of Procedure shall contain, inter alia, the decision-making arrangements of the Board, and the provisions on the appointment and terms of office of the Chair and Vice-Chairs of the Board.

4.   The Board shall adopt by majority decision:

(a)

the annual work programme of the Network, including the setting up of working groups and the language arrangements of the meetings of the Network;

(b)

the technical framework for the delivery of the benchmarking and mutual learning activities, as part of the annual work programme of the Network, including the benchlearning methodology on the basis of the benchmarking indicators as set out in the Annex to this Decision to compare PES performance, the context variables, the data delivery requirements, and the learning instruments of the integrated mutual learning programme;

(c)

the annual report of the Network. That report shall be sent to the European Parliament and to the Council, and shall be published.

5.   The Board shall be assisted by a Secretariat provided by and based within the Commission. The Secretariat, in cooperation with the Chair and Vice-Chairs, shall prepare the Board meetings, the annual work programme and the annual report of the Network. The Secretariat shall closely cooperate with the EMCO Secretariat.

Article 7 Financial support for this incentive measure

The global resources for the implementation of this Decision shall be established within the PROGRESS/employment section of EaSI, the annual appropriations of which shall be authorised by the European Parliament and by the Council within the limits of the financial framework.

Article 8 Amendment of the Annex on benchmarking indicators

The Commission shall be empowered to adopt delegated acts in accordance with Article 9 to amend the Annex laying down the benchmarking indicators.

Article 9 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 Article 8 shall be conferred on the Commission from 17 June 2014 until 31 December 2020.

3.   The delegation of power referred to in Article 8 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect 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 Article 8 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two 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 two months at the initiative of the European Parliament or of the Council.

Article 10 Review

By 18 June 2017, the Commission shall submit a report on the application of this Decision to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. The report shall, in particular, assess to what extent the Network has contributed to the achievement of the objectives set out in Article 3 and whether it has fulfilled its tasks. It shall also assess how benchmarking in the areas referred to in points (a)(i) to (iv) of Article 4(1) has been developed and implemented by the Network.

Article 11 Entry into force

This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .

Article 12 Addressees

This Decision is addressed to the Member States.

Schedules & Appendices

ANNEX BENCHMARKING INDICATORS

ANNEX

BENCHMARKING INDICATORS

A.

The quantitative indicators for the areas listed in points (a)(i) to (iv) of Article 4(1):

1.

Contribution to reducing unemployment for all age groups and for vulnerable groups:

(a)

Transition from unemployment into employment per age group, gender and qualification level, as a share of the stock of registered unemployed persons;

(b)

Number of people leaving the PES unemployment records, as a share of registered unemployed persons.

2.

Contribution to reducing the duration of unemployment and reducing inactivity, so as to address long-term and structural unemployment, as well as social exclusion:

(a)

Transition into employment within, for example, 6 and 12 months of unemployment per age group, gender and qualification level, as a share of all PES register transitions into employment;

(b)

Entries into a PES register of previously inactive persons, as a share of all entries into that PES register per age group and gender.

3.

Filling of vacancies (including through voluntary labour mobility):

(a)

Job vacancies filled;

(b)

Answers to Eurostat's Labour Force Survey on the contribution of PES to the finding of the respondent's current job.

4.

Customer satisfaction with PES services:

(a)

Overall satisfaction of jobseekers;

(b)

Overall satisfaction of employers.

B.

Areas of benchmarking through qualitative internal and external assessment of performance enablers for the areas listed in points (a)(i) to (iv) of Article 4(1):

1.

Strategic performance management;

2.

Design of operational processes such as effective channelling and profiling of jobseekers and tailored use of active labour market instruments;

3.

Sustainable activation and management of transitions;

4.

Relations to employers;

5.

Evidence-based design and implementation of PES services;

6.

Effective management of partnerships with stakeholders;

7.

Allocation of PES resources.