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20.12.2013 Official
Journal
of
the
European
Union L
347/855
REGULATION (EU) No 1309/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 17 December 2013
on the European Globalisation Adjustment Fund (2014-2020) and repealing Regulation (EC)
No 1927/2006
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
circumstances, in particular with regard to collective
EUROPEAN UNION,
applications involving small and medium-sized enter
prises (SMEs), even if the number of redundancies is
below the normal threshold for mobilisation of the EGF.
Having regard to the Treaty on the Functioning of the European
Union, and in particular the third paragraph of Article 175,
(3) In
its
Communication
of
29
June
2011
entitled 'A
Having regard to the proposal from the European Commission,
Budget for Europe 2020', the Commission recognises
the role of the EGF as a flexible fund to support
workers who lose their jobs and to help them to find
After transmission of the draft legislative act to the national
another job as rapidly as possible. The Union should
parliaments,
continue to provide, for the duration of the Multiannual
Financial Framework from 1 January 2014 to
31 December 2020, specific, one-off support to facilitate
Having regard to the opinion of the European Economic and
the re-integration into employment of redundant workers
Social Committee (
in areas, sectors, territories or labour markets suffering

1 ),
the shock of serious economic disruption. Given its
purpose, which is to provide support in situations of
Having regard to the opinion of the Committee of the
urgency and unexpected circumstances, the EGF should
Regions (
remain outside the Multiannual Financial Framework.

2 ),

Acting in accordance with the ordinary legislative procedure,
(4) The
scope
of
Regulation
(EC)
No
1927/2006
was
broadened in 2009 by Regulation (EC) No 546/2009
of the European Parliament and of the Council (
Whereas:

4 ) as
part of the European Economic Recovery Plan to
include workers made redundant as a direct result of
the global financial and economic crisis. In order to
(1) On
26
March
2010,
the
European
Council
agreed
to
the
Commission's proposal to launch a new strategy for
enable the EGF to intervene in ongoing or future crisis
smart, sustainable and inclusive growth (the "Europe
situations, its scope should cover redundancies resulting
2020 strategy"). One of the three priorities of the
from a serious economic disruption caused by a
Europe 2020 strategy is inclusive growth by empowering
continuation of the global financial and economic crisis
people through high levels of employment, investing in
addressed in Regulation (EC) No 546/2009, or by a new
skills, fighting poverty and modernising labour markets,
global financial and economic crisis.
training and social protection systems so as to help
people anticipate and manage change, and build an
inclusive, cohesive society. Overcoming the adverse
(5) The
European
Monitoring
Centre
on
Change,
based
in
effects of globalisation also calls for the creation of
the European Foundation for the Improvement of
jobs throughout the Union and a resolute policy on
Living and Working Conditions (Eurofound) in Dublin,
supporting growth.
assists the Commission and the Member States with
qualitative and quantitative analyses in order to help in
the evaluation of trends of globalisation and use of the
(2) The
European
Globalisation
Adjustment
Fund
(EGF)
was
EGF.
established by Regulation (EC) No 1927/2006 of the
European Parliament and of the Council ( 3 ) for the
duration of the Multiannual Financial Framework from
1 January 2007 to 31 December 2013. The EGF enables
(6)
In order to maintain the European nature of the EGF, an
the Union to show solidarity towards workers made
application for support should be triggered when the
redundant as a result of major structural changes in
number of redundancies reaches a minimum threshold.
world trade patterns due to globalisation and global
Nevertheless, in small labour markets, such as small
financial and economic crises, and can also support bene
Member States or remote regions, or in exceptional
ficiaries in small labour markets or in exceptional
circumstances, applications may be submitted for a
lower number of redundancies.
( 1 ) OJ C 143, 22.5.2012, p. 42.
( 2 ) OJ C 225, 27.7.2012, p. 159.
( 4 ) Regulation (EC) No 546/2009 of the European Parliament and of the
( 3 ) Regulation (EC) No 1927/2006 of the European Parliament and of
Council of 18 June 2009 amending Regulation (EC) No 1927/2006
the Council of 20 December 2006 on establishing the European
on establishing the European Globalisation Adjustment Fund
Globalisation Adjustment Fund (OJ L 406, 30.12.2006, p. 1).
(OJ L 167, 29.6.2009, p. 26).

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(7) Workers
made
redundant
and
self-employed
persons (14) In
the
interest
of
beneficiaries
and
bodies
responsible
for
whose activity has ceased should have equal access to
implementation of the measures, the applicant Member
the EGF independently of their type of employment
State should keep all actors involved in the application
contract or employment relationship. Therefore,
process informed of the progress of the application.
workers made redundant as well as self-employed
persons whose activity has ceased should be regarded
as EGF beneficiaries for the purposes of this Regulation.
(15) In
compliance with
the principle
of sound financial
management, financial contributions from the EGF
should not replace but should, where possible,
complement support measures which are available for
(8) The
EGF
should
temporarily
provide
assistance
to
young
beneficiaries within the Union funds or other Union
people not in employment, education or training (NEETs)
policies or programmes.
who reside in regions eligible under the Youth
Employment Initiative, since those regions are dispropor
tionately impacted by major redundancies.
(16) Special provisions should be included for information
and communication activities on EGF cases and
outcomes.
(9) Financial
contributions
from
the
EGF
should
be
primarily
directed at active labour market measures aimed at
(17) In order to express Union solidarity with workers made
reintegrating beneficiaries rapidly into sustainable
redundant and self-employed persons whose activity has
employment, either within or outside their initial sector
ceased, the co-funding rate should be set at 60 % of the
of activity. The inclusion of pecuniary allowances in a
cost of the package and its implementation.
coordinated package of personalised services should
therefore be restricted. Companies could be encouraged
to provide co-funding for the EGF-supported measures.
(18) To facilitate the implementation of this Regulation,
expenditure should be eligible either from the date on
which a Member State starts to provide personalised
services or from the date on which a Member State
(10) When
drawing
up
the
coordinated
package
of
active
incurs administrative expenditure for implementing the
labour market policy measures, Member States should
EGF.
favour measures that will significantly contribute to the
employability of the beneficiaries. Member States should
strive towards the reintegration into sustainable
(19) In
order
to
cover
the
needs
arising
especially
during
the
employment of the largest possible number of bene
first months of each year, when the possibilities for
ficiaries participating in these measures as soon as
transfers from other budget lines are particularly difficult,
possible within the six-month period before the final
an adequate amount of payment appropriations should
report on the implementation of the financial
be made available on the EGF budget line in the annual
contribution is due.
budgetary procedure.
(20) The
Interinstitutional
Agreement
between
the
European
(11) Member States should pay particular attention to
Parliament, the Council and the Commission of
disadvantaged beneficiaries, including young and older
2 December 2013 on budgetary discipline, on
unemployed persons and those at risk of poverty,
cooperation in budgetary matters and on sound
when designing the coordinated package of active
financial management ( 1 ) ("the Interinstitutional Agree
labour market policy measures, given that those groups
ment") determines the budgetary framework of the EGF.
experience particular problems in re-entering the labour
market due to the global financial and economic crisis
and globalisation.
(21) In
the
interest
of
the
beneficiaries,
assistance
should
be
made available as quickly and efficiently as possible. The
Member States and the Union institutions involved in the
EGF decision-making process should do their utmost to
(12) The principles of gender equality and of non-discrimi
reduce processing time and simplify procedures so as to
nation, which are among the Union's core values and
ensure the smooth and rapid adoption of decisions on
are enshrined in the Europe 2020 strategy, should be
the mobilisation of the EGF.
respected and promoted when implementing the EGF.
(22) In
the
event
of
an
enterprise
closing
down,
workers
made
redundant by that enterprise may be helped to take over
(13) In order to support beneficiaries effectively and rapidly,
some or all of its activities and the Member State in
Member States should do their utmost to submit
which the enterprise is located may advance the funds
complete applications for a financial contribution from
that are required urgently to make this possible.
the EGF. Provision of additional information should be
limited in time.
( 1 ) OJ C 373, 20.12.2013, p. 1.

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(23) In
order
to
enable
political
scrutiny
by
the
European
employment as soon as possible within the six-month period
Parliament and continuous monitoring by the
before the final report referred to in Article 18(1) is due.
Commission of results obtained with EGF assistance,
Member States should submit a final report on the imple
mentation of the EGF.
Article 2
Scope
(24) The
Member
States
should
remain
responsible
for
the
implementation of the financial contribution and for
This Regulation shall apply to applications by the Member
the management and control of the actions supported
States for financial contributions from the EGF for actions
by Union funding, in accordance with the relevant
targeting:
provisions of Regulation (EU, Euratom) No 966/2012
of the European Parliament and of the Council (the
"Financial Regulation") ( 1 ). The Member States should
(a) workers made redundant and self-employed persons whose
justify the use made of the financial contribution
activity has ceased as a result of major structural changes in
received from the EGF. In view of the short implemen
world trade patterns due to globalisation, demonstrated, in
tation period of EGF operations, reporting obligations
particular, by a substantial increase in imports into the
should reflect the particular nature of the EGF interven
Union, a serious shift in Union trade in goods or services,
tions. It is therefore necessary to derogate from the
a rapid decline of the Union market share in a given sector
Financial Regulation in respect of reporting obligations.
or a delocalisation of activities to third countries, provided
that these redundancies have a significant adverse impact on
the local, regional or national economy;
(25) Since the objectives of this Regulation cannot be suffi
ciently achieved by the Member States, but can rather, by
reason of their scale and effects, be better achieved at
(b) workers made redundant and self-employed persons whose
Union level, the Union may adopt measures, in
activity has ceased as a result of the continuation of the
accordance with the principle of subsidiarity as set out
global financial and economic crisis addressed in Regulation
in Article 5 of the Treaty on European Union. In
(EC) No 546/2009, or as a result of a new global financial
accordance with the principle of proportionality as set
and economic crisis.
out in that Article, this Regulation does not go beyond
what is necessary in order to achieve those objectives,
Article 3
HAVE ADOPTED THIS REGULATION:
Definition
For the purposes of this Regulation, ‘beneficiary’ means:
Article 1
Objectives
(a) a worker whose employment is ended prematurely by
This Regulation establishes the European Globalisation
redundancy, or ends during the reference period referred
Adjustment Fund (EGF) for the period of the Multiannual
to in Article 4 and is not renewed;
Financial Framework from 1 January 2014 to 31 December
2020.
(b) a self-employed person who employed not more than 10
workers made redundant within the scope of this Regu
The aim of the EGF shall be to contribute to smart, inclusive
lation, and whose activity has ceased, provided that the
and sustainable economic growth and to promote sustainable
activity was demonstrably dependent on the enterprise
employment in the Union by enabling the Union to demon
concerned in point (a) of Article 4(1), or that, in accordance
strate solidarity towards, and to support workers made
with point (b) of Article 4(1), the self-employed person was
redundant and self-employed persons whose activity has
operating in the economic sector concerned.
ceased as a result of major structural changes in world trade
patterns due to globalisation, as a result of a continuation of the
global financial and economic crisis addressed in Regulation
Article 4
(EC) No 546/2009, or as a result of a new global financial
and economic crisis.
Intervention criteria
1. A
financial
contribution
from
the
EGF
shall
be
provided
where the conditions set out in Article 2 are met and result in:
Actions benefiting from financial contributions from the EGF
shall aim to ensure that the largest possible number of bene
ficiaries participating in these actions find sustainable
(a) at least 500 workers being made redundant or self-
employed persons' activity ceasing, over a reference period
( 1 ) Regulation (EU, Euratom) No 966/2012 of the European Parliament
of four months, in an enterprise in a Member State,
and of the Council of 25 October 2012 on the financial rules
including workers made redundant and self-employed
applicable to the general budget of the Union and repealing
Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298,
persons' activity ceasing in its suppliers or downstream
26.10.2012, p. 1).
producers;

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(b) at least 500 workers being made redundant or self-
(e) for a self-employed person, the date of cessation of the
employed persons' activity ceasing, over a reference period
activities as determined in accordance with national law
of nine months, particularly in SMEs, all operating in the
or administrative provisions.
same economic sector defined at NACE Revision 2 division
level and located in one region or two contiguous regions
defined at NUTS 2 level, or in more than two contiguous
Article 6
regions defined at NUTS 2 level provided that there are
more than 500 workers or self-employed persons affected
Eligible beneficiaries
in two of the regions combined.
1. The
applicant
Member
State
may
provide
personalised
services co-financed by the EGF to eligible beneficiaries, who
may include:
2. In
small
labour
markets
or
in
exceptional
circumstances,
in particular with regard to collective applications involving
SMEs, where duly substantiated by the applicant Member
(a) workers made redundant and self-employed persons whose
State, an application for a financial contribution under this
activity has ceased, calculated in accordance with Article 5,
Article may be considered admissible even if the criteria laid
within the reference period provided for in Article 4;
down in points (a) or (b) of paragraph 1 are not entirely met,
when the redundancies have a serious impact on employment
and the local, regional or national economy. The applicant
(b) workers made redundant and self-employed persons whose
Member State shall specify which of the intervention criteria
activity has ceased, calculated in accordance with Article 5,
set out in points (a) and (b) of paragraph 1 are not entirely
before or after the reference period provided for in point (a)
met. The aggregated amount of contributions in exceptional
of Article 4(1); or
circumstances may not exceed 15 % of the annual maximum
amount of the EGF.
(c) workers made redundant and self-employed persons whose
activity has ceased, in cases where an application under
Article 5
Article 4(2) derogates from the criteria set out in point (a)
of Article 4(1).
Calculation of redundancies and of cessation of activity
1. The
applicant
Member
State
shall
specify
the
method
used
for calculating the number of workers and self-employed
The workers and self-employed persons referred to in points (b)
persons referred to in Article 3 for the purpose of Article 4.
and (c) of the first subparagraph shall be considered eligible
provided that they were made redundant or their activity
ceased after the general announcement of the projected redun
dancies and provided that a clear causal link can be established
2. The
applicant
Member
State
shall
calculate
the
number with the event which triggered the redundancies during the
referred to in paragraph 1 as at one of the following dates:
reference period.
(a) the date on which the employer, in accordance with
2. By way of derogation from Article 2, applicant Member
Article 3(1) of Council Directive 98/59/EC (
States may, until 31 December 2017, provide personalised

1 ), notifies the
competent public authority in writing of the projected
services co-financed by the EGF to up to a number of NEETs
collective redundancies; in this case the applicant Member
under the age of 25, or where Member States so decide under
State shall provide the Commission with additional
the age of 30, on the date of submission of the application,
information on the actual number of redundancies
equal to the number of targeted beneficiaries, as a priority to
persons made redundant or whose activity has ceased, provided
effected according to Article 4(1) of this Regulation, prior
that at least some of the redundancies within the meaning of
to the completion of the assessment by the Commission;
Article 3 occur in NUTS 2 level regions eligible under the Youth
Employment Initiative. The support may be rendered to NEETs
under the age of 25, or where Member States so decide under
(b) the date of the employer's individual notice to lay off or to
the age of 30, in those NUTS 2 level regions eligible under the
terminate the contract of employment of the worker;
Youth Employment Initiative.
Article 7
(c) the date of the de facto termination of the contract of
employment or its expiry;
Eligible actions
1. A
financial
contribution
from
the
EGF
may
be
made
for
active labour market measures that form part of a coordinated
(d) the end of the assignment to the user undertaking; or
package of personalised services, designed to facilitate the re-
integration of the targeted beneficiaries and, in particular,
disadvantaged, older and young unemployed persons, into
( 1 ) Council Directive 98/59/EC of 20 July 1998 on the approximation
of the laws of the Member States relating to collective redundancies
employment or self-employment. The coordinated package of
(OJ L 225, 12.8.1998, p. 16).
personalised services may include in particular:

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(a) tailor-made training and retraining, including information
Article 8
and communication technology skills and certification of
acquired experience, job-search assistance, occupational
Applications
guidance, advisory services, mentoring, outplacement
1. The
applicant
Member
State
shall
submit
an
application
to
assistance, entrepreneurship promotion, aid for self-
the Commission within 12 weeks of the date on which the
employment, business start-ups and employee take-overs,
criteria set out in Article 4(1) or (2) are met.
and co-operation activities;
2. Within two weeks of the date of submission of the appli
(b) special time-limited measures, such as job-search allowances,
cation, or, where applicable, of the date on which the
employers' recruitment incentives, mobility allowances,
Commission is in possession of the translation of the appli
subsistence or training allowances (including allowances
cation, whichever is the later, the Commission shall
for carers);
acknowledge receipt of the application and inform the
Member State of any additional information it requires in
order to assess the application.
(c) measures to stimulate in particular disadvantaged, older and
young unemployed persons to remain in or return to the
3. Where
such
additional
information
is
required
by
the
labour market.
Commission, the Member State shall respond within six
weeks of the date of the request. This deadline shall be
extended by the Commission by two weeks at the duly
The costs of the measures under point (b) may not exceed 35 %
justified request of the Member State concerned.
of the total costs for the coordinated package of personalised
services listed in this paragraph.
4. On the basis of the information provided by the Member
State, the Commission shall complete its assessment of the
application's compliance with the conditions for providing a
The cost of investments for self-employment, business start-ups
financial contribution, within 12 weeks of the receipt of the
and employee take-overs may not exceed EUR 15 000.
complete application or, where applicable, of the translation of
the application. Where the Commission is unable, exceptionally,
to comply with that deadline, it shall provide a written expla
nation setting out the reasons for the delay.
The design of the coordinated package of personalised services
should anticipate future labour market perspectives and required
skills. The coordinated package should be compatible with the
5. A
complete
application
shall
contain
the
following
shift towards a resource-efficient and sustainable economy.
information:
(a) a reasoned analysis of the link between the redundancies or
2. The
following
measures
shall
not
be
eligible
for
a
financial
cessation of activity and the major structural changes in
contribution from the EGF:
world trade patterns, or the serious disruption of the
local, regional and national economy caused by global
isation or by the continuation of the global financial and
(a) special time-limited measures referred to in point (b) of
economic crisis or by a new global financial and economic
paragraph 1, which are not conditional on the active partici
crisis. This analysis shall be based on statistical and other
pation of the targeted beneficiaries in job-search or training
information at the most appropriate level to demonstrate
activities;
the fulfilment of the intervention criteria set out in
Article 4;
(b) actions which are the responsibility of enterprises by virtue
(b) the confirmation that, where the dismissing enterprise has
of national law or collective agreements.
continued its activities after the lay-offs, it has complied
with its legal obligations governing the redundancies and
has provided for its workers accordingly;
The actions supported by the EGF shall not substitute passive
social protection measures.
(c) an assessment of the number of redundancies in accordance
with Article 5, and an explanation of the events giving rise
to those redundancies;
3. The
coordinated
package
of
personalised
services
shall
be
drawn up in consultation with the targeted beneficiaries or their
representatives, or the social partners.
(d) the identification, where applicable, of the dismissing enter
prises, suppliers or downstream producers, sectors, and the
categories of targeted beneficiaries broken down by sex and
age group;
4. At
the
initiative
of
the
applicant
Member
State,
a
financial
contribution from the EGF may be made for the preparatory,
management, information and publicity, control and reporting
(e) the expected impact of the redundancies as regards the
activities.
local, regional or national economy and employment;

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(f) a description of the coordinated package of personalised
4. In
accordance
with
their
respective
responsibilities,
the
services and related expenditure, including, in particular,
Commission and the applicant Member State shall ensure the
any measures in support of employment initiatives for
coordination of the assistance from Union funds.
disadvantaged, older and young beneficiaries;
5. The
applicant
Member
State
shall
ensure
that
the
specific
actions receiving a financial contribution from the EGF shall not
(g) an explanation as to how the package of measures
also receive assistance from other Union financial instruments.
complements actions funded by other national or Union
funds as well as information on actions that are
mandatory for the enterprises concerned by virtue of
Article 10
national law or pursuant to collective agreements;
Equality between men and women and non-discrimination
The Commission and the Member States shall ensure that
(h) the estimated budget for each of the components of the
equality between men and women and the integration of the
coordinated package of personalised services in support of
gender perspective are an integral part of, and are promoted
the targeted beneficiaries and for any preparatory,
during, the various stages of the implementation of the financial
management, information and publicity, control and
contribution from the EGF. The Commission and the Member
reporting activities;
States shall take all appropriate steps to prevent any discrimi
nation based on sex, racial or ethnic origin, religion or belief,
disability, age or sexual orientation in access to the EGF and
(i) the dates on which the personalised services to the targeted
during the various stages of the implementation of the financial
beneficiaries and the activities to implement the EGF, as set
contribution.
out in Article 7(1) and (4) respectively, were started or are
due to be started;
Article 11
Technical assistance at the initiative of the Commission
(j) the procedures followed for consulting the targeted bene
ficiaries or their representatives or the social partners as well
1. At the initiative of the Commission, a maximum of 0,5 %
as local and regional authorities or other relevant organi
of the annual maximum amount of the EGF may be used to
sations as applicable;
finance the preparation, monitoring, data gathering and creation
of a knowledge base relevant to the implementation of the EGF.
It may also be used to finance administrative and technical
support, information and communication activities, as well as
(k) a statement of compliance of the requested EGF support
audit, control and evaluation activities necessary to implement
with the procedural and material Union rules on State aid
this Regulation.
as well as a statement outlining why the personalised
services do not replace measures that are the responsibility
of companies by virtue of national law or collective agree
2. Subject
to
the
ceiling
set
out
in
paragraph
1,
the
European
ments;
Parliament and the Council shall make available an amount for
technical assistance at the start of each year on the basis of a
proposal from the Commission.
(l) the sources of national pre-financing or co-funding and
other co-funding if applicable.
3. The
tasks
set
out
in
paragraph
1
shall
be
performed
in
accordance with the Financial Regulation, as well as the imple
menting rules applicable to this form of implementation of the
Article 9
budget.
Complementarity, compliance and coordination
1. A
financial
contribution
from
the
EGF
shall
not
replace 4. The
Commission's
technical
assistance
shall
include
the
actions which are the responsibility of companies by virtue of
provision of information and guidance to the Member States
national law or collective agreements.
for using, monitoring and evaluating the EGF. The Commission
should also provide information along with clear guidance on
using the EGF to the European and national social partners.
2. Support
for
targeted
beneficiaries
shall
complement
actions of the Member States at national, regional and local
Article 12
level including those co-financed by Union funds.
Information, communication and publicity
1. The
applicant
Member
State
shall
provide
information
on
3. The
financial
contribution
from
the
EGF
shall
be
limited and publicise the funded actions. Such information shall be
to what is necessary to provide solidarity and temporary, one-
addressed to the targeted beneficiaries, local and regional auth
off support for targeted beneficiaries. The actions supported by
orities, social partners, the media and the general public. It shall
the EGF shall comply with Union and national law, including
highlight the role of the Union and ensure that the contribution
State aid rules.
from the EGF is visible.

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2. The
Commission
shall
maintain
and
update
regularly
an 2. In the case of grants, Articles 67 and 68 of Regulation
internet website, accessible in all official languages of the insti
(EU, Euratom) No 1303/2013 of the European Parliament and
tutions of the Union, to provide updated information on the
of the Council ( 1 ), and Article 14 of Regulation (EU, Euratom)
EGF, guidance on the submission of applications, as well as
No 1304/2013 of the European Parliament and of the Coun
information on accepted and rejected applications and on the
cil ( 2 ), and any delegated acts adopted by the Commission
role of the European Parliament and the Council in the
pursuant to those Regulations, shall apply accordingly.
budgetary procedure.
Article 15
3. The Commission shall implement information and
Budgetary procedure
communication activities on EGF cases and outcomes based
1. The
arrangements
for
the
EGF
shall
comply
with
point
13
on its experience with the aim of improving the effectiveness
of the Interinstitutional Agreement.
of the EGF and ensuring that Union citizens and workers know
about the EGF. The Commission shall report on the use of the
EGF every two years by country and by sector.
2. The
appropriations
concerning
the
EGF
shall
be
entered
in
the general budget of the Union as a provision.
4. The
resources
allocated
to
communication
actions
under
this Regulation shall also contribute to covering the corporate
3. The
Commission,
on
the
one
hand,
and
the
European
communication of the political priorities of the Union provided
Parliament and the Council, on the other hand, shall
that they are related to the general objectives of this Regulation.
endeavour to minimise the time taken to mobilise the EGF.
4. Where
the
Commission
has
concluded
that
the
conditions
Article 13
for providing a financial contribution from the EGF are met, it
shall submit a proposal to mobilise it. The decision to mobilise
Determination of financial contribution
the EGF shall be taken jointly by the European Parliament and
the Council within one month of the referral to the European
1. The Commission shall, on the basis of the assessment
Parliament and to the Council. The Council shall act by a
carried out in accordance with Article 8, and in particular
qualified majority and the European Parliament shall act by a
taking into account the number of targeted beneficiaries, the
majority of its component members and three fifths of the
proposed actions and the estimated costs, evaluate and propose
votes cast.
as quickly as possible the amount of a financial contribution
from the EGF, if any, that may be made within the limits of the
resources available. The amount may not exceed 60 % of the
At the same time as it presents its proposal for a decision to
total estimated costs referred to in point (h) of Article 8(5).
mobilise the EGF, the Commission shall present to the
European Parliament and to the Council a proposal for a
transfer to the relevant budgetary lines. In the event of
disagreement, a trilogue procedure shall be initiated.
2. Where, on the basis of the assessment carried out in
accordance with Article 8, the Commission concludes that the
conditions for a financial contribution under this Regulation are
Transfers related to the EGF shall be made in accordance with
met, it shall immediately initiate the procedure set out in
Article 27 of the Financial Regulation.
Article 15.
5. At the same time as it adopts a proposal for a decision to
mobilise the EGF, the Commission shall adopt a decision on a
3. Where, on the basis of the assessment carried out in
financial contribution, by means of an implementing act, which
accordance with Article 8, the Commission concludes that the
shall enter into force on the date at which the European
conditions for a financial contribution under this Regulation are
Parliament and the Council adopt the decision to mobilise the
not met, it shall immediately notify the applicant Member State.
EGF.
( 1 ) Regulation (EU) No 1303/2013 of the European Parliament and of
the Council of 17 December 2013 laying down common provisions
Article 14
on the European Regional Development Fund, the European Social
Fund, the Cohesion Fund, the European Agricultural Fund for Rural
Eligibility of expenditure
Development and the European Maritime and Fisheries Fund and
laying down general provisions on the European Regional Devel
1. Expenditure
shall
be
eligible
for
a
financial
contribution
opment Fund, the European Social Fund, the Cohesion Fund and
from the EGF from the dates set out in the application pursuant
the European Maritime and Fisheries Fund and repealing Council
to point (i) of Article 8(5) on which the Member State
Regulation (EC) No 1083/2006 (See page 320 of this Official
concerned starts, or is due to start, providing the personalised
Journal).
services to the targeted beneficiaries or incurs the administrative
( 2 ) Regulation (EU) No 1304/2013 of the European Parliament and of
the Council of 17 December 2013 on the European Social Fund and
expenditure to implement the EGF, in accordance with
repealing Council Regulation (EC) No 1081/2006 (See page 470 of
Article 7(1) and (4) respectively.
this Official Journal).

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L 347/862
EN
Official Journal of the European Union
20.12.2013
6. A
proposal
for
a
decision
to
mobilise
the
EGF
pursuant
to included by adding other eligible actions listed in points (a)
paragraph 4 shall include the following:
and (c) of Article 7(1), provided that such amendments are
duly justified and the total does not exceed the financial
contribution referred to in Article 15(5). The Commission
(a) the assessment carried out in accordance with Article 8(4),
shall assess the proposed amendments and, if it agrees, shall
together with a summary of the information on which that
notify the Member State accordingly.
assessment is based;
6. Expenditure
pursuant
to
Article
7(4)
shall
be
eligible
until
(b) evidence that the criteria laid down in Articles 4 and 9 have
the deadline for submission of the final report.
been met; and
Article 17
(c) the reasons justifying the amounts proposed.
Use of the euro
Applications, decisions on financial contributions and reports
Article 16
under this Regulation, as well as any other related documents,
shall express all amounts in euro.
Payment and use of the financial contribution
1. Following
the
entry
into
force
of
a
decision
on
a
financial
contribution in accordance with Article 15(5) the Commission
Article 18
shall pay the financial contribution to the Member State
concerned in a single 100 % pre-financing payment, in
Final report and closure
principle within 15 days. The pre-financing shall be cleared
1. No later than six months after the expiry of the period
when the financial contribution is wound up in accordance
specified in Article 16(4), the Member State concerned shall
with Article 18(2).
present a final report to the Commission on the implemen
tation of the financial contribution, including information on:
2. The
financial
contribution
referred
to
in
paragraph
1
shall
be implemented under shared management in accordance with
(a) the type of actions and main outcomes;
Article 59 of the Financial Regulation.
(b) the names of the bodies delivering the package of measures
3. Detailed
technical
terms
of
the
financing
shall
be
in the Member State;
determined by the Commission in the decision on a financial
contribution referred to in Article 15(5).
(c) the characteristics of the targeted beneficiaries and their
employment status;
4. The
Member
State
shall
carry
out
the
eligible
actions
set
out in Article 7 as soon as possible, and not later than 24
months after the date of submission of the application
pursuant to Article 8(1).
(d) whether the undertaking, with the exception of micro enter
prises and SMEs, has been a beneficiary of State aid or
previous funding from Union cohesion or structural funds
in the preceding five years;
The Member State may decide to postpone the starting date for
the eligible actions by up to three months after the date of
submission of the application. In the event of such post
ponement, the eligible actions shall be carried out within the
(e) a statement justifying the expenditure and indicating,
24-month period following the starting date communicated by
whenever possible, the complementarity of actions with
the Member State in the application.
those funded by the European Social Fund (ESF).
Where a beneficiary accesses an education or training course the
Whenever possible, data related to beneficiaries shall be broken
duration of which is two years or more, the fees for such a
down by sex.
course may be included for EGF co-funding up to the date
when the final report referred to in Article 18(1) is due,
provided that the relevant fees have been paid before that date.
2. No
later
than
six
months
after
the
Commission
has
received all the information required under paragraph 1, it
shall wind up the financial contribution by determining the
5. When carrying out the actions contained in the package
final amount of the financial contribution from the EGF and
of personalised services the Member State concerned may
the balance due, if any, by the Member State concerned in
submit a proposal to the Commission to amend the actions
accordance with Article 22.

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EN
20.12.2013 Official
Journal
of
the
European
Union L
347/863
Article 19
ensure that Union funds are being used efficiently and
correctly, in accordance with the principles of sound
Biennial report
financial management;
1. By
1
August
2015
and
every
two
years
thereafter,
the
Commission shall present to the European Parliament and to
(b) verifying that the financed actions have been properly
the Council a comprehensive, quantitative and qualitative report
carried out;
on the activities under this Regulation and Regulation (EC)
No 1927/2006 in the previous two years. The report shall
focus mainly on the results achieved by the EGF and shall in
(c) ensuring that expenditure funded is based on verifiable
particular contain information relating to applications
supporting documents, and is legal and regular;
submitted, decisions adopted, actions funded, including statistics
on the reintegration rate for assisted beneficiaries per Member
(d) preventing, detecting and correcting irregularities as defined
State and the complementarity of such actions with actions
in Article 122 of Regulation (EU, Euratom) No 1303/2013
funded by other Union funds, in particular ESF, and information
and recovering amounts unduly paid together with interest
relating to the winding-up of financial contributions made. It
on late payments where appropriate. The Member States
should also document those applications that have been rejected
shall notify any such irregularities to the Commission and
or reduced owing to a lack of sufficient appropriations or to
keep the Commission informed of the progress of any
non-eligibility.
resulting administrative and legal proceedings.
2. The
report
shall
be
transmitted
for
information
to
the 2. Member
States
shall
designate
bodies
to
be
responsible
for
Court of Auditors, the European Economic and Social
the management and control of the actions supported by the
Committee, the Committee of the Regions and the social
EGF in accordance with Article 59(3) of the Financial Regu
partners.
lation and with the criteria and procedures laid down in Regu
lation (EU, Euratom) No 1303/2013. Those designated bodies
Article 20
shall provide the Commission with the information set out in
Article 59(5) of the Financial Regulation on the implementation
Evaluation
of the financial contribution when submitting the final report
referred to in Article 18 of this Regulation.
1. The
Commission
shall
carry
out
on
its
own
initiative
and
in close cooperation with the Member States:
3. Member
States
shall
make
the
financial
corrections
required where an irregularity is ascertained. The corrections
(a) by 30 June 2017, a mid-term evaluation of the effectiveness
made by the Member States shall consist in cancelling all or
and sustainability of the results achieved;
part of the financial contribution. The Member States shall
recover any amount unduly paid as a result of an irregularity
(b) by 31 December 2021, an ex-post evaluation with the
detected, repay it to the Commission and, where the amount is
assistance of external experts, to measure the impact of
not repaid by the relevant Member State in the time allowed,
the EGF and its added value.
default interest shall be due.
2. The
results
of
the
evaluations
referred
to
in
paragraph
1
4. The
Commission,
in
its
responsibility
for
the
implemen
shall be transmitted, for information, to the European
tation of the general budget of the Union, shall take every step
Parliament, the Council, the Court of Auditors, the European
necessary to verify that the actions financed are carried out in
Economic and Social Committee, the Committee of the Regions
accordance with the principles of sound and efficient financial
and the social partners. The recommendations of the evalu
management. It is the responsibility of the applicant Member
ations should be taken into account for the design of new
State to ensure that it has smoothly functioning management
programmes in the area of employment and social affairs.
and control systems. The Commission shall satisfy itself that
such systems are in place.
3. The
evaluations
referred
to
in
paragraph
1
shall
include
the figures showing the number of applications and shall cover
To that end, without prejudice to the powers of the Court of
the performance of the EGF by country and by sector, so as to
Auditors or the checks carried out by the Member State in
assess whether the EGF is reaching its targeted recipients.
accordance with national laws, regulations and administrative
provisions, Commission officials or servants may carry out
on-the-spot checks, including sample checks, on the actions
Article 21
financed by the EGF with a minimum of one working day's
Management and financial control
notice. The Commission shall give notice to the applicant
Member State with a view to obtaining all the assistance
1. Without
prejudice
to
the
Commission's
responsibility
for necessary. Officials or servants of the Member State concerned
implementing the general budget of the Union, Member States
may take part in such checks.
shall take responsibility in the first instance for the management
of actions supported by the EGF and the financial control of the
actions. To that end, the measures they take shall include:
5. Member States shall ensure that all supporting documents
regarding expenditure incurred are kept available for the
Commission and the Court of Auditors for a period of three
(a) verifying that management and control arrangements have
years following the winding-up of a financial contribution
been set up and are being implemented in such a way as to
received from the EGF.

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L 347/864
EN
Official Journal of the European Union
20.12.2013
Article 22
taking account of any comments made by the Member State,
decide within three months from the end of the period referred
Reimbursement of financial contribution
to in paragraph 3 to make the financial corrections required by
1. In cases where the actual cost of an action is less than the
cancelling all or part of the contribution of the EGF to the
estimated amount quoted pursuant to Article 15, the
action in question. Any amount unduly paid as a result of an
Commission shall adopt a decision, by means of an imple
irregularity detected shall be recovered and, where the amount
menting act, requiring the Member State concerned to
is not repaid by the applicant Member State in the time allowed,
reimburse the corresponding amount of the financial
default interest shall be due.
contribution received.
Article 23
2. Where
the
Member
State
concerned
fails
to
comply
with
Repeal
the obligations stated in the decision on a financial
contribution, the Commission shall take the necessary steps
Regulation (EC) No 1927/2006 is repealed with effect from
by adopting a decision, by means of an implementing act, to
1 January 2014.
require that Member State to reimburse all or part of the
financial contribution received.
Notwithstanding the first paragraph, it shall continue to apply
for applications submitted up to 31 December 2013.
3. Prior
to
the
adoption
of
a
decision
under
paragraphs
1
or
2, the Commission shall conduct a suitable examination of the
case and shall, in particular, allow the Member State concerned
Article 24
a specified period of time in which to submit its comments.
Entry into force
4. If,
after
completing
the
necessary
verifications,
the This Regulation shall enter into force on the day following that
Commission concludes that a Member State is not complying
of its publication in the Official Journal of the European Union.
with its obligations under Article 21(1), it shall, if no agreement
has been reached and the Member State has not made the
It shall apply to all applications submitted between 1 January
corrections within a period set by the Commission, and
2014 and 31 December 2020.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 December 2013.
For the European Parliament
For the Council
The President
The President
M. SCHULZ
L. LINKEVIIUS

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