委员会实施决定2012/733/EU,职位空缺清除率、就业申请以及重建欧洲就业服务网络,实施欧洲议会和理事会条例(EU) No 492/2011(通报文件号C(2012) 8548)?(1)
技术法规类型:欧盟Eurlex法规 来源:tbtmap
EURLEX ID:32012D0733
OJ编号:OJ L 328, 28.11.2012, p. 21-26
中文标题:委员会实施决定2012/733/EU,职位空缺清除率、就业申请以及重建欧洲就业服务网络,实施欧洲议会和理事会条例(EU) No 492/2011(通报文件号C(2012) 8548)?(1)
原文标题:2012/733/EU: Commission Implementing Decision of 26 November 2012 implementing Regulation (EU) No 492/2011 of the European Parliament and of the Council as regards the clearance of vacancies and applications for employment and the re-establishment of EURES (notified under document C(2012) 8548) Text with EEA relevance
分类:05.10_劳务自由流动;05.20.30.30_刺激就业
文件类型:二级立法 Decision|决定
生效日期:2014-01-01
废止日期:2058-12-31
法规全文:查看欧盟官方文件
28.11.2012 Official
Journal
of
the
European
Union L
328/21
COMMISSION IMPLEMENTING DECISION
of 26 November 2012
implementing Regulation (EU) No 492/2011 of the European Parliament and of the Council as
regards the clearance of vacancies and applications for employment and the re-establishment of
EURES
(notified under document C(2012) 8548)
(Text with EEA relevance)
(2012/733/EU)
THE EUROPEAN COMMISSION,
(4) EURES
should
promote
better
functioning
of
the
labour
markets and satisfaction of economic needs by facili
tating transnational and cross-border geographical
mobility of workers, while ensuring mobility under fair
Having regard to the Treaty on the Functioning of the European
conditions and respect of applicable labour standards. It
Union,
should provide greater transparency on the labour
markets, ensuring the exchange and processing of
vacancies and applications for employment (i.e. the
Having regard to Regulation (EU) No 492/2011 of the
‘clearance’ or ‘matching’ within the meaning of the Regu
European Parliament and of the Council of 5 April 2011 on
lation) and supporting activities in the areas of
freedom of movement for workers within the Union (
recruitment, advice and guidance at national and cross-
1 ), and in
particular Article 38 thereof,
border level, thereby contributing to the objectives of the
Europe 2020 strategy.
Whereas:
(5)
In the light of the experience gained since the initial
launch in 1993 and the reform in 2003, and taking
into account the needs to further reinforce and extend
the network in order for it to fully support the objectives
(1)
Much progress has been made since the initial launch of
the EURES network established by Commission Decision
of the Europe 2020 strategy, the current composition of
93/569/EEC of 22 October 1993 on the implementing
the network, the division of responsibilities and the
of Council Regulation (EEC) No 1612/68 on freedom of
decision-making procedures, as well as the catalogue of
movement for workers within the Community as regards,
services provided must now be redesigned.
in particular, a network entitled Eures (European
Employment Services) ( 2 ), in order to implement Regu
lation (EEC) No 1612/68 of the Council (
(6) To
this
end
EURES
should
be
given
a
stronger
orien
3 ). The network
was reformed and re-established in order to consolidate
tation on management by objectives and results in
and strengthen it by Commission Decision 2003/8/EC (
terms of matching, placement and recruitment. Within
4 ).
this context, placement can be understood as the
provision of services by an intermediary between the
supply and demand on the labour market with the
(2) The
European
Council
of
17
June
2010
endorsed
the
objective of a recruitment taking place, where
Europe 2020 Strategy for smart, sustainable and
recruitment is the filling of a job vacancy.
inclusive growth while calling for the full mobilisation
of the appropriate EU instruments and policies to
support achievement of the common objectives and
(7) The
abolishment
of
monopolies
together
with
other
invited the Member States to step up coordinated action.
developments has led to the emergence of a wide
variety of employment service providers on the labour
market. To reach its full potential, EURES needs to be
(3) The
European
Council
of
28
and
29
June
2012
decided
opened to the participation of these operators,
on a ‘Compact for Growth and Jobs’ and on the basis of
committed to fully respect applicable labour standards
the Communication from the Commission to the
and legal requirements, and other EURES quality stan
European Parliament, the Council, the European
dards.
Economic and Social Committee and the Committee of
the Regions ‘Towards a job-rich recovery’ of 18 April
2012, indicated that the EURES Portal should be
(8) EURES
services
need
to
be
clearly
defined
in
order
to
developed into a true European placement and
ensure that the obligations put on the Member States
recruitment tool.
by the Regulation, namely to undertake a clearance of
vacancies and applications for employment, as well as the
exchange and provision of labour market related
( 1 ) OJ L 141, 27.5.2011, p. 1.
information, is fulfilled in an efficient and effective
( 2 ) OJ L 274, 6.11.1993, p. 32.
( 3 ) OJ L 257, 19.10.1968, p. 2.
manner. This would entail the involvement of various
( 4 ) OJ L 5, 10.1.2003, p. 16.
actors, including social partners, where appropriate.
L 328/22
EN
Official Journal of the European Union
28.11.2012
(9)
In the ‘Compact for Growth and Jobs’, the European
Article 2
Council requested to explore the possibility of
extending EURES to apprenticeships and traineeships.
Objectives
To ensure synergies and enable EURES to support fully
For the benefit of jobseekers, workers and employers, EURES
the objectives of the Europe 2020 strategy, in particular
shall promote, in cooperation as appropriate with other
to raise the employment rate to 75 % by 2020, whilst
European services or networks:
respecting the scope of the Regulation, EURES should be
able to cover apprenticeships and traineeships in so far as
the persons concerned are considered workers within the
(a) the development of the European labour market open and
meaning of the Regulation and are 18 years or older,
accessible for all, fully respecting applicable labour standards
once a clearance of such information in accordance
and legal requirements;
with the appropriate standards is deemed feasible.
(b) the clearance and placement at the transnational, inter
(10) To
deliver
the
services
in
the
most
efficient
way
EURES
regional and cross-border level through the exchange of
should be integrated and mainstreamed into the general
vacancies and applications for employment, and partici
service offer of the participating organisations, which
pation in targeted mobility activities at EU level;
may receive funding for national and cross-border
activities from the European Social Fund.
(c) transparency and information exchange on the European
labour markets, including on living and working conditions
(11) In order to effectively contribute to a better functioning
and on the opportunities for acquisition of skills;
of labour markets towards the development of a
European labour market, EURES should also play a
more prominent role in filling bottleneck vacancies and
(d) the development of measures to encourage and facilitate
help particular groups of workers and employers by
mobility of young workers;
extending EURES to support targeted mobility activities
at EU level, especially to encourage the exchange of
young workers.
(e) the exchange of information on traineeships and appren
ticeships in the sense of Regulation (EU) No 492/2011
and, as appropriate, the placement of trainees and appren
(12) The
opportunities
afforded
by
the
emerging
information
tices;
and communication technology tools for further
enhancing and rationalising the services provided
should be fully taken into account.
(f) the development of methodologies and indicators for this
purpose.
(13) Any
processing
of
personal
data
carried
out
within
the
framework of this Decision should be in accordance with
Article 3
EU and national law on the protection of personal data.
Composition
EURES shall comprise the following categories:
(14) For the sake of clarity, it is advisable to once again re-
establish the EURES network whilst defining more
(a) the European Coordination Office for Coordinating the
precisely its composition, constitution and functions.
Clearance of Vacancies and Applications for Employment,
in accordance with Articles 18, 19 and 20 of Regulation
(EU) No 492/2011;
(15) The
measures provided for in this Decision are in
accordance with the opinion of the Advisory
Committee on freedom of movement for workers,
(b) the EURES Members, which shall be the designated specialist
services appointed by the Member States in accordance with
Article 11(2) of Regulation (EU) No 492/2011 (‘National
Coordination Offices’) as provided for in Article 5;
HAS ADOPTED THIS DECISION:
(c) the EURES Partners, in accordance with Article 15(1) of
Article 1
Regulation (EU) No 492/2011). EURES Partners are
The EURES network
designated by the respective EURES Member and may
include public or private service providers active in the
In order to fulfil the obligations laid down in Chapter II of
relevant field of placement and employment, and trades
Regulation (EU) No 492/2011 the Commission shall together
union and employer organisations. In order to qualify, a
with the Member States establish and operate a European
EURES Partner must undertake to fulfil the roles and
network of employment services, designated EURES.
responsibilities laid down in Article 7;
EN
28.11.2012 Official
Journal
of
the
European
Union L
328/23
(d) the Associated EURES Partners, which in accordance with
Article 5
Article 6 provide limited services under the supervision and
responsibility of a EURES Partner or the European Coor
Roles and responsibilities of the National Coordination
dination Office.
Offices
1. Each
Member
State
shall
designate
a
specialist
service
as
Article 4
provided for in Article 11(2) of Regulation (EU) No 492/2011
that shall be entrusted with organising the work of the EURES
Roles and responsibilities of the European Coordination
network in the respective Member State.
Office
1. The
Commission
shall
be
responsible
for
managing
the
European Coordination Office.
2. The
National
Coordination
office
shall
ensure
that
all
the
obligations on the Member State laid down in Regulation (EU)
No 492/2011, in particular those concerning exchange of
2. The European Coordination Office shall oversee information as provided for in Articles 12, 13 and 14, are
compliance with the provisions of Chapter II of Regulation
fulfilled, by:
(EU) No 492/2011 and shall assist the network in carrying
out its activities.
(a) the setting up and maintenance of all technical and func
3. It
shall,
in
particular,
undertake:
tional infrastructure and systems necessary to allow EURES
Partners and Associated EURES Partners to participate in the
exchange system;
(a) the formulation of a coherent overall approach and the
provision of horizontal support for the benefit of the
EURES network and its users such as:
(b) the provision of the required information, by its own or by
the EURES Partners under its responsibility.
(1) operation and development of a European job mobility
web portal (‘the EURES Portal’), and related IT services,
including systems and procedures for the exchange of
3. It
shall,
in
close
cooperation
with
the
European
Coor
vacancies, applications for employment in the form of
dination Office and the other National Coordination offices,
application letters, CVs, skills passports and the like, and
in particular, undertake:
other information, in cooperation with other relevant
European services or networks;
(a) the appointment of one or several EURES Partners, based on
(2) information and communication activities regarding
the system for selection and accreditation provided for in
EURES;
Article 10(2)(b)(vii), and the supervision of their activities;
(3) training of staff involved in EURES;
(b) the planning and regular reporting on the activities and
results of the national EURES network to the European
Coordination Office;
(4) facilitation of networking, exchange of best practice and
mutual learning among EURES Members and Partners;
(c) the coordination of EURES participation in relevant targeted
(5) participation of EURES in targeted mobility activities at
mobility activities at EU level.
EU level;
(b) the analysis of geographic and occupational mobility, in the
4. When
appointing
EURES
Partners
the
National
Coor
light of the achievement of a balance between supply and
dination Office shall endeavour to achieve best possible
demand, and the development of a general approach to
geographical outreach and labour market coverage, and an
mobility in accordance with the European Employment
optimal service offered to jobseekers, workers and employers
Strategy;
by ensuring an adequate participation of relevant employment
services and labour market actors.
(c) the overall monitoring and evaluation of EURES activity, the
definition of performance, placement and other result indi
5. Based
on
commonly
agreed
operational
objectives,
the
cators as well as actions to check that it is carried out in
National Coordination office shall draw up work programmes
accordance with Regulation (EU) No 492/2011 and with
for their national network to be submitted to the European
this Decision.
Coordination office. The work programme shall in particular
specify:
4. It
shall
adopt
its
work
programmes
and
the
objectives
for
the EURES network in cooperation with the EURES Coor
dination Group and after consultation with the EURES
(a) the main activities to be undertaken by the National Coor
Management Board.
dination Office, the EURES Partners and the Associated
L 328/24
EN
Official Journal of the European Union
28.11.2012
EURES Partners under its responsibility within the
4. All
EURES
Partners
shall
undertake
to
participate
fully
in
framework of the EURES network, including the trans
the exchange of vacancies as well as applications for
national, cross-border and sectoral activities provided for
employment by jobseekers interested in working in another
in Article 15 of Regulation (EU) No 492/2011;
Member State, according to Article 13(a) and (b) of Regulation
(EU) No 492/2011 and Article 4(a)(i) of this Decision. They
shall ensure that all staff participating in the provision of
(b) the human and financial resources allocated for the imple
EURES services has full access to the IT and other communi
mentation of Chapter II of Regulation (EU) No 492/2011;
cation tools provided to the network.
(c) the arrangements for monitoring and evaluation of the
5. A
EURES
Partner
that
does
not
provide
a
particular
activities planned.
complementary service included in the EURES Service
Catalogue shall ensure that requests for that service are
referred to other EURES Partners that do offer that service.
The work programmes shall also include an assessment of the
activities and results achieved during the previous period.
6. A
EURES
Partner
may
entrust
the
provision
of
services
Social partners and other relevant EURES stakeholders shall be
that are adding value to its own services to another organi
consulted on the work programmes at the appropriate level.
sation. That organisation shall in this respect be considered an
Associated EURES partner working under the full responsibility
of the EURES Partner it is associated with.
6. The
National
Coordination
office
may
decide
to
provide
EURES services itself directly to jobseekers and employers and
shall in that respect be subject to the rules that apply to EURES
7. To
fulfil
its
role,
a
EURES
Partner
may
establish
part
Partners carrying out the same services. In such case the
nerships with one or more EURES Partners in other Member
National Coordination office shall request the accreditation as
States.
a EURES Partner from the European Coordination Office.
7. Each Member States shall ensure that the National Coor
8. A EURES Partner or Associated EURES Partner may be
dination Office gets the staff and other resources necessary to
required to contribute to the technical and functional infra
carry out it tasks.
structure and systems referred to in Article 5(2)(a).
8. The
National
Coordination
Office
is
headed
by
the 9. In
order
to
maintain
its
accreditation
a
EURES
Partner
National EURES Coordinator as foreseen in Article 10(2)(b)(iii).
shall continue to fulfil its obligations and provide the services
agreed, and undergo regular reviews as set out in the system for
selection and accreditation provided for in Article 10(2)(b)(vii).
Article 6
Roles and responsibilities of the EURES Partners
1. An
organisation
wishing
to
become
a
EURES
Partner
shall
Article 7
apply to its National Coordination Office, which may designate
EURES Services
it in accordance with Article 3(b), provided that it undertakes
to, under the supervision of the National Coordination office,
1. The full range of EURES Services
shall
comprise
cooperate at regional, national and European levels within the
recruitment, job matching and placement, covering all phases
EURES network and to provide at least all universal services as
of placement from pre-recruitment preparation to post-
referred to in Article 7.
placement assistance, and related information and advice.
2. A EURES Partner shall, by its own or in cooperation with
2. They
shall
be
further
detailed
in
the
EURES
service
other EURES Partners, designate one or several contact points,
Catalogue that shall be part of the EURES Charter as provided
such as placement and recruitment offices, call centres, self-
for in Article 10 and shall consist of the universal services
service tools and the like, whereby jobseekers, workers and
provided by all EURES Partners and complementary services.
employers can get access to its services.
3. A EURES Partner shall clearly indicate which services of
3. Universal
services
are
those
provided
for
in
Chapter
II
of
the EURES Service Catalogue it offers. The level and content of
Regulation (EU) No 492/2011, in particular Article 12(3) and
the services may vary from one contact point to another as long
Article 13. Complementary services are not obligatory in the
as the service package as a whole of a EURES Partner includes
sense of Chapter II of Regulation (EU) No 492/2011, but fulfil
all the universal services required.
important labour market needs.
EN
28.11.2012 Official
Journal
of
the
European
Union L
328/25
4. All
services
to
jobseekers
and
workers
shall
be
free
of
Article 9
charge. If EURES Partners charge any fees for services to
other users, there shall be no differentiation between the fees
EURES Coordination Group
levied for EURES services and those applicable to other
1. In
order
to
assist
it
in
the
development,
implementation
comparable services provided by that EURES Partner. Any
and monitoring of EURES activities, the European Coordination
funding received from the European Union to support the
Office shall institute a Coordination Group composed of the
provision of EURES services shall be taken into account when
National EURES Coordinators, each one representing a EURES
fixing charges so as to avoid any possible double financing.
Member. The European Coordination Office can invite represen
tatives of the European social partners and, when appropriate,
representatives of other EURES Partners and experts, to attend
Article 8
the meetings of the Coordination Group.
EURES Management Board
1. The EURES Management Board shall assist the 2. The
Coordination
Group
shall
actively
participate
in
the
Commission, its European Coordination Office and the
preparation of the work programmes and the coordination of
National Coordination Offices in promoting and overseeing
their implementation.
the development of EURES.
3. The
Coordination
Group
may
set
up
permanent
or
ad
hoc
2. The
Management
Board
shall
be
composed
of
one
repre
working groups, in particular for the planning and implemen
sentative of each Member State.
tation of horizontal support activities.
3. Where
necessary,
if
EURES
activities
in
a
Member
State
are 4. The
European
Coordination
Office
shall
organise
the
work
funded by an EU financial instrument such as the European
of the Coordination Group.
Social Fund, the national authority providing this funding
may be associated.
Article 10
4. Representatives
of
the
European
social
partners’
organi
EURES Charter
sations shall be invited to participate in the meetings of the
1. The
Commission
shall
adopt
the
EURES
Charter
in
Management Board as observers.
accordance with the procedures set out in Articles 12(2),
13(2) and 19(1) and Article 20 of Regulation (EU) No
492/2011, after consultation of the EURES Management
5. The
Management
Board
shall
establish
its
working Board established by Article 8 of this Decision.
methods and rules of procedure. As a general rule, it shall be
convened twice a year by the chairperson. It shall deliver its
opinions by simple majority.
2. On
the
basis
of
the
principle
that
all
vacancies
and
appli
cations for employment that are made public by any of the
EURES Members must be accessible throughout the Union,
6. The
Management
Board
shall
be
chaired
by
a
represen
the EURES Charter shall, in particular, establish:
tative of the European Coordination office, which shall provide
secretarial support.
(a) the EURES Service Catalogue, describing the universal and
complementary services to be rendered by the EURES
7. The
Commission
shall
consult
the
EURES
Management
Members and Partners, including job-matching services,
Board on questions concerning the strategic planning, devel
such as personalised counselling and advice to customers,
opment, implementation, monitoring and evaluation of the
whether they be jobseekers, workers or employers;
services and activities referred to in this Decision, including:
(b) the development of innovative transnational and cross-
(a) the EURES Charter, in accordance with Article 10;
border cooperation between employment services such as
common placement agencies, with a view to the
improvement of the functioning of the labour markets,
their integration and improved mobility. The cooperation
(b) strategies, operational objectives and work programmes for
may include social services, the social partners and other
the EURES network;
institutions concerned;
(c) the Commission’s reports required by Article 17 of Regu
(c) the promotion of coordinated monitoring and assessment
lation (EU) No 492/2011.
of skills surpluses and shortages;
L 328/26
EN
Official Journal of the European Union
28.11.2012
(d) the operational objectives of the EURES network, the quality
2. They
shall
engage
in
an
overall
communications
strategy
standards to be applied as well as the obligations of the
designed to ensure the consistency and cohesion of the network
EURES Members and Partners, which include:
vis-à-vis its users and take part in common information and
promotion activities.
(i) the interoperability of relevant databases of job
vacancies and applications for employment, with the
EURES vacancy exchange mechanism and the service
3. The
acronym
EURES
shall
be
used
exclusively
for
activities
levels to apply;
within EURES. It shall be illustrated by a standard logo, defined
by a graphic design scheme, adopted by the European Coor
dination office.
(ii) the kind of information, such as labour market
information, information on living and working
conditions, information on job offers and requests,
4. The
logo,
registered
as
a
Community
Trade
Mark
at
the
information on traineeships and apprenticeships,
Office for Harmonization in the Internal Market (OHIM), shall
measures to encourage youth mobility, acquisition of
be used by the EURES Members and Partners in all their
skills, and obstacles to mobility, which they have to
activities related to EURES to ensure a common visual identity.
supply to their customers and to the rest of the
network, in cooperation with other relevant
European services or networks;
Article 12
Cooperation with other services and networks
(iii) task descriptions and criteria for appointment of
national coordinators, EURES advisers and other key
EURES Members and Partners shall actively collaborate with
personnel at national level;
other European information and advisory services and
networks at European, national and regional levels to achieve
(iv) the training and qualifications required for EURES
synergies and avoid overlaps.
personnel and conditions and procedures for the
organisation of visits and assignments for officials
Article 13
and specialised personnel;
Repeal
(v) the drawing up, submission to the European Coor
Decision 2003/8/EC is hereby repealed. However, it shall
dination Office and execution of work programmes;
continue to apply to operations in respect of which an appli
cation was submitted before the entry into force of this
(vi) the conditions governing the use of the EURES logo
Decision.
by the EURES Members and Partners;
(vii) the system for selection and accreditation of EURES
Article 14
Partners;
Date of application
(viii) principles for monitoring and evaluating EURES activ
This Decision shall apply from 1 January 2014.
ities;
Article 15
(e) procedures to set up a uniform system and common models
for the exchange of labour market and mobility-related
Addressees
information within the EURES network, as provided for in
Articles 12, 13 and 14 of Regulation (EU) No 492/2011,
This Decision is addressed to the Member States.
including information on jobs and on learning opportunities
in the European Union to be incorporated into the EURES
Portal.
Done at Brussels, 26 November 2012.
Article 11
Promotion of EURES
For the Commission
1. EURES
Members
and
Partners
shall
actively
promote
László ANDOR
EURES.
Member of the Commission
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