PURPOSE: to strengthen the EURES network with the aim of enhancing access of workers to intra-EU labour mobility support services, thus supporting fair mobility and increasing access to employment opportunities throughout the Union.
LEGISLATIVE ACT: Regulation (EU) 2016/589 of the European Parliament and of the Council 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
CONTENT: the Regulation amends and replaces Regulation (EU) 492/2011 in order to establish a framework for cooperation to facilitate the exercise of the freedom of movement for workers within the Union in accordance with Article 45 TFEU, by laying down principles and rules on:
· the establishment, organisation and functioning of the EURES network;
· cooperation between the Commission and the Member States on sharing relevant available data on job vacancies, job applications and CVs;
· actions by and between Member States to achieve a balance between supply and demand in the labour market, with a view to achieving a high level of quality employment;
· mobility support services related to the functioning of the EURES network to be provided to workers and employers, thereby also promoting mobility on a fair basis;
· promotion of the EURES network at Union level through effective communication measures taken by the Commission and the Member States.
Services under the Regulation shall be available to all workers and employers across the Union and shall respect the principle of equal treatment. Accessibility for persons with disabilities to the information provided on the EURES portal and to support services available at national level shall be ensured.
Functioning of EURES and rules of cooperation with Partners: the Regulation sets out the framework for the functioning of EURES, including its composition, which comprises the European Coordination Office and national coordination offices (NCOs).
The Regulation lays down the tasks of the NCOs, which are as follows:
· the organisation of work relating to the EURES network in the Member State, including ensuring a coordinated transfer to the EURES portal of information on job vacancies, job applications and CVs through a single coordinated channel;
· providing the European Coordination Office with any available information on discrepancies between the number of job vacancies notified and the total number of job vacancies at national level;
· disseminate in a timely manner, information available at national level relating to the situation in the Member State concerning: (i) living and working conditions, including general information on social security and tax payments; (ii) the relevant administrative procedures regarding employment, and the rules applicable to workers upon taking up employment; (iii) its national regulatory framework for apprenticeships and traineeships and existing Union rules and instruments; (iv) access to vocational education and training; (v) post-recruitment assistance in general and information about where to obtain such assistance.
The Regulation also provides for methods for participation of public employment services (PES) in EURES. PES will benefit from this with special status in the EURES network.
All EURES Members and Partners are brought together in a network, which contributes to making publicly available job vacancies and job applications as well as CVs through a common platform and provides support services for employers and workers. Together, they bring about freedom of movement for all workers through voluntary labour mobility within the Union on a fair basis.
Organisation of the common IT platform: in order to bring together job vacancies, each Member State shall make available to the EURES portal all job vacancies and job applications, and CVs, made publicly available through PES as well as those provided by the EURES Members and, where relevant, the EURES Partners.
Member States may allow employers to opt not to have a vacancy published on the EURES portal if the vacancies are open only to citizens of a specific country, or relate to categories of apprenticeships and traineeships which, having mainly a learning component, are part of national education systems or which are publicly funded.
The Regulation provides for technical measures with respect to access at national level to the common IT platform.
Support services: Member States shall ensure that workers and employers are able to gain access, without undue delay, whether online or offline, to support services at national level.
The EURES Members and EURES Partners shall provide workers and employers with basic information, in an easily accessible and user-friendly manner.
Other provisions are laid out regarding information for workers that request it, on certain employment opportunities, on general information on living and working conditions in the country of destination, and on providing assistance with the drawing up of job applications and CVs to ensure conformity with the European technical standards and formats.
In addition, the EURES Members and EURES Partners shall offer employers support services such as the formulation of individual job requirements
At the cross-border level, the Regulation provides that Member States shall encourage close cooperation at cross-border level between regional, local and, where relevant, national actors, such as practices and services delivered in the framework of EURES cross-border partnerships.
Where, in cross-border regions, the EURES Members or Partners participate in cross-border partnerships, they shall provide frontier workers and employers with information relating to the specific situation of frontier workers and of relevance for employers in such regions.
Exchange of information: the Commission and Member States shall monitor and make public labour-mobility flows and patterns in the Union on the basis of Eurostat statistics and available national data. Member State shall, in particular, collect and analyse gender-disaggregated information on EURES’ activities.
General provisions: the Regulation contains measures ensuring protection of personal data exchanged in the context f EURES, and transitional measures ensuring the operational continuity of the EURES network established under Regulation (EU) 492/4011.
Evaluation: by 13 May 2021, the Commission shall submit an ex post evaluation report of the operation and effects of the Regulation. Every two years, it shall submit a report on EURES activity to the European Parliament.
ENTRY INTO FORCE: 12.5.2016. Certain provisions regarding the establishment of the common platform and access to job vacancies and CVs of Members States will not apply until 13.5.2018.
DELEGATED ACTS: the Commission may adopt delegated acts in order to modify the areas of EURES activities for which the collection of data is required by the Member States or to add other areas of EURES activities undertaken at national level. The power to adopt such acts is conferred on the Commission for a period of 5 years from 12 May 2016 (which may be tacitly extended for the same period, unless Parliament or Council oppose such extension three months before the end of such period). If Parliament or council raise objections, the delegated will not come into force.