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Regulation (EU) 2016/589 CHAPTER VI — FINAL PROVISIONS

Article 34–Article 41 · 8 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Protection of personal data

Article 34

The measures provided for in this Regulation shall be carried out in accordance with Union law on the protection of personal data, in particular Directive 95/46/EC and the national implementing measures in relation thereto, as well as Regulation (EC) No 45/2001.

Ex post evaluation

Article 35

By 13 May 2021, the Commission shall submit to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions an ex post evaluation report of the operation and effects of this Regulation. That report may be accompanied by legislative proposals amending this Regulation.

Exercise of the delegation

Article 36

1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. It is of particular importance that the Commission follow its usual practice and carry out consultations with experts, including Member States' experts, before adopting those delegated acts. 2.   The power to adopt delegated acts referred to in Article 32(4) shall be conferred on the Commission for a period of five years from 12 May 2016. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such an extension not later than three months before the end of each period. 3.   The delegation of power referred to in Article 32(4) 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 Article 32(4) 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 the Council.

Committee procedure

Article 37

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.

Amendments to Regulation (EU) No 1296/2013

Article 38

1.   Regulation (EU) No 1296/2013 is amended as follows: (a) Article 23 is deleted. (b) In Article 24, paragraph 2 is replaced by the following: 1.‘2.   The EURES axis shall be open to all bodies, actors and institutions designated by a Member State or by the Commission which fulfil the conditions for participating in EURES, as set out in Regulation (EU) 2016/589 of the European Parliament and of the Council  ( *1 ) . Such bodies, actors and institutions shall include in particular: (a) national, regional and local authorities; (b) employment services; (c) social partner organisations and other interested parties. ( *1 )   Regulation (EU) 2016/589 of the European Parliament and of the Council of 13 April 2016 on a European network of employment services (EURES), workers' access to mobility services and the further integration of labour markets and amending Regulations (EU) No 492/2011 and (EU) No 1296/2013 ( OJ L 107, 22.4.2016, p. 1 ).’ " 2.   References to the deleted provision, as referred to in point (1)(a), shall be construed as references to Article 29 of this Regulation. 3.   Point (1)(b) of this Article shall be without prejudice to applications submitted for financing under Regulation (EU) No 1296/2013 before 12 May 2016.

Amendments to Regulation (EU) No 492/2011

Article 39

1.   Regulation (EU) No 492/2011 is amended as follows: (a) Articles 11 and 12, Article 13(2), Articles 14 to 20 and Article 38 are deleted. (b) Article 13(1) is deleted with effect from 13 May 2018. 2.   References to the deleted provisions shall be construed as references to this Regulation and shall be read in accordance with the correlation table set out in Annex II.

Transitional provisions

Article 40

Organisations which are designated as ‘EURES Partners’ in accordance with Article 3(c) of Implementing Decision 2012/733/EU or which provide limited services as the ‘Associated EURES Partners’ in accordance with Article 3(d) of that Decision on 12 May 2016 may, by way of derogation from Article 11 of this Regulation, participate as EURES Members referred to in Article 7(1)(c)(ii) of this Regulation or as EURES Partners referred to in Article 7(1)(d) of this Regulation, until 13 May 2019, provided that they undertake to fulfil the relevant obligations under this Regulation. Where one of those organisations wishes to participate as a EURES Partner, it shall notify the NCO of the tasks that it will perform pursuant to Article 11(4) of this Regulation. The relevant NCO shall inform the European Coordination Office thereof. After expiry of the transitional period, the organisations concerned may, in order to remain within the EURES network, submit an application to that effect in accordance with Article 11 of this Regulation.

Entry into force

Article 41

1.   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union . 2.   Article 12(3) and Article 17(1) to (7) shall apply from 13 May 2018.

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