欧洲议会和理事会条例(EU) No 1304/2013 , 关于欧洲社会基金和废除理事会条例(EC) No 1081/2006
技术法规类型:欧盟Eurlex法规 来源:tbtmap
EURLEX ID:32013R1304
OJ编号:OJ L 347, 20.12.2013, p. 470-486
中文标题:欧洲议会和理事会条例(EU) No 1304/2013 , 关于欧洲社会基金和废除理事会条例(EC) No 1081/2006
原文标题:Regulation (EU) No 1304/2013 of the European Parliament and of the Council of 17 December 2013 on the European Social Fund and repealing Council Regulation (EC) No 1081/2006
分类:05.20.10_欧洲社会基金(ESF)
文件类型:二级立法 Regulation|条例
生效日期:2013-12-21
废止日期:2058-12-31
法规全文:查看欧盟官方文件
HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN" L 347/470
EN
Official Journal of the European Union
20.12.2013
REGULATION (EU) No 1304/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 17 December 2013
on the European Social Fund and repealing Council Regulation (EC) No 1081/2006
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
education, skills and life-long learning and develop active,
EUROPEAN UNION,
comprehensive and sustainable inclusion policies in
accordance with the tasks entrusted to the ESF by
Article 162 of the Treaty on the Functioning of the
Having regard to the Treaty on the Functioning of the European
European Union (TFEU), and thereby contribute to
Union, and in particular Article 164 thereof,
economic, social and territorial cohesion in accordance
with Article 174 TFEU. In accordance with Article 9
TFEU, the ESF should take into account requirements
Having regard to the proposal from the European Commission,
linked to the promotion of a high level of employment,
the guarantee of adequate social protection, the fight
against social exclusion, and a high level of education,
After transmission of the draft legislative act to the national
training and protection of human health.
parliaments,
Having regard to the opinions of the European Economic and
(3) The
European
Council
of
17
June
2010
called
for
all
Social Committee ( 1 ),
common policies, including cohesion policy, to support
the Europe 2020 Strategy for smart, sustainable and
inclusive growth (the 'Europe 2020 strategy'). In order
Having regard to the opinion of the Committee of the
to ensure the full alignment of the ESF with the
Regions ( 2 ),
objectives of this strategy, particularly as regards
employment, education, training and the fight against
social exclusion, poverty and discrimination, the ESF
Acting in accordance with the ordinary legislative procedure,
should support Member States, taking account of the
relevant Integrated Guidelines and relevant country-
specific recommendations adopted in accordance with
Whereas:
Article 121(2) and Article 148(4) TFEU and, where
appropriate, at national level, the national reform
programmes underpinned by national employment strat
(1) Regulation
(EU)
No
1303/2013
of
the
European
egies, national social reports, national Roma integration
Parliament and of the Council
(
strategies and national disability strategies. The ESF
3 ) establishes the
framework for action by the European Social Fund
should also contribute to relevant aspects of the imple
(ESF), the European Regional Development Fund
mentation of the flagship initiatives, in particular the
(ERDF), the Cohesion Fund, the European Agricultural
"Agenda for New Skills and Jobs", the "Youth on the
Fund for Rural Development and the European
Move", and the "European Platform against Poverty and
Maritime and Fisheries Fund and lays down, in particular,
Social Exclusion". It should also support relevant
the thematic objectives, the principles and the rules
activities in the initiatives on the "Digital Agenda" and
concerning programming, monitoring and evaluation,
"Innovation Union".
management and control. It is therefore necessary to
specify the mission and scope of the ESF, together with
the related investment priorities addressing the thematic
objectives, and to lay down specific provisions
(4) The
Union
is
confronted
with
structural
challenges
concerning the type of activities that may be financed
arising from economic globalisation, technological
by the ESF.
change and an increasingly ageing workforce and
growing skills and labour shortages in some sectors
and regions. They have been compounded by the
(2) The
ESF
should
improve
employment
opportunities,
recent economic and financial crisis, which has resulted
strengthen social inclusion, fight poverty, promote
in increased levels of unemployment, hitting in particular
young people and other disadvantaged people, such as
( 1 ) OJ C 143, 22.5.2012, p. 82 and OJ C 271, 19.9.2013, p. 101.
migrants and minorities.
( 2 ) OJ C 225, 27.7.2012, p. 127.
( 3 ) Regulation (EU) No 1303/2013 of the European Parliament and of
the Council of 17 December 2013 laying down common provisions
on the European Regional Development Fund, the European Social
Fund, the Cohesion Fund, the European Agricultural Fund for Rural
(5) The
ESF
should
aim
to
promote
employment,
improve
Development and the European Maritime and Fisheries Fund and
access to the labour market, paying particular attention
laying down general provisions on the European Regional Devel
to those who are furthest from the labour market and
opment Fund, the European Social Fund, the Cohesion Fund and
support voluntary labour mobility. The ESF should also
the European Maritime and Fisheries Fund and repealing Council
Regulation (EC) No 1083/2006 (See page 320 of this Official
support active and healthy ageing, including through
Journal).
innovative forms of work organisation, promoting
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Union L
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health and safety at work and increasing employability.
(9) Support
under
the
investment
priority "community-led
In promoting the better functioning of labour markets by
local development" may contribute to all thematic
enhancing the transnational geographical mobility of
objectives as set out in this Regulation. Community-led
workers, the ESF should, in particular, support EURES
local development strategies supported by the ESF should
activities (activities of the European network of
be inclusive with regard to disadvantaged people present
employment services) in relation to recruitment and
on the territory, both in terms of governance of local
related information, advice and guidance services at
action groups and in terms of content of the strategy.
national and cross-border level. Operations financed by
the ESF should comply with Article 5(2) of the Charter of
Fundamental Rights of the European Union which
provides that no one shall be required to perform
forced or compulsory labour.
(10) At the same time, it is crucial to support the devel
opment and competitiveness of micro, small and
medium-sized enterprises of the Union and to ensure
that people can adapt, through acquiring appropriate
skills and through lifelong learning opportunities, to
new challenges such as the shift to a knowledge-based
(6) The
ESF
should
also
promote
social
inclusion
and
economy, the digital agenda, and the transition to a low-
prevent and combat poverty with a view to breaking
carbon and more energy-efficient economy. By pursuing
the cycle of disadvantage across generations which
its primary thematic objectives, the ESF should contribute
implies mobilising a range of policies targeting the
to addressing these challenges. In this context, the ESF
most disadvantaged people regardless of their age
should support the labour force transition from
including children, the working poor and older women.
education to employment, towards greener skills and
Attention should be paid to the participation of those
jobs, and should address skills shortages, including
seeking asylum and refugees. The ESF may be used to
those in the energy-efficiency, renewable energy and
enhance access to affordable, sustainable and high quality
sustainable transport sectors. The ESF should also
services of general interest, in particular in the fields of
contribute to cultural and creative skills. Socio-cultural,
health care, employment and training services, services
creative and cultural sectors are important in indirectly
for the homeless, out of school care, childcare and
addressing the aims of the ESF; their potential should
long-term care services. Services supported can be
therefore be better integrated into ESF projects and
public, private and/or community-based, and delivered
programming.
by different types of providers, namely public adminis
trations, private companies, social enterprises, non-
governmental organisations.
(11) In
light
of
the
persistent
need
to
make
an
effort
to
address youth unemployment in the Union as a whole,
a Youth Employment Initiative (YEI) should be created
(7)
The ESF should undertake to tackle early school leaving,
for the most affected regions. The YEI should support, in
promote equal access to good quality education, invest in
such regions, young persons not in employment,
vocational education and training, improve the labour
education or training (NEET), who are unemployed or
market relevance of education and training systems and
inactive, thereby reinforcing and accelerating the
enhance life-long learning, including formal, non-formal
delivery of activities supported by ESF funding.
and informal learning pathways.
Additional funds should be specifically attributed to the
YEI and should be matched with funding from the ESF in
the most affected regions. By targeting individual persons
rather than structures, the YEI should aim to complement
other ESF–funded operations and national actions
targeting NEET, including through the implementation
of the Youth Guarantee in line with the Council's Recom
mendation of 22 April 2013 on Establishing a Youth
(8)
In addition to these priorities, in the less developed
Guarantee ( 1 ), which provides that young persons
regions and Member States, and with a view to increasing
should receive a good-quality offer of either employment,
economic growth and employment opportunities, the
continued education, an apprenticeship or a traineeship
efficiency of public administration at national and
within a period of four months of becoming unemployed
regional level, as well as the ability of a public adminis
or of leaving formal education. The YEI may also support
tration to act in a participative manner, should be
actions to combat early school leaving. Access to welfare
improved. The institutional capacity of stakeholders,
benefits for the young person and his/her family or
including non-governmental organisations, delivering
dependants should not be conditional upon the young
employment, education, training and social policies,
person's participation in the YEI.
including in the field of anti-discrimination, should be
strengthened.
( 1 ) OJ C 120, 26.4.2013, p. 1.
L 347/472
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Official Journal of the European Union
20.12.2013
(12) The
YEI
should
be
fully
integrated
into
ESF
programming
(17) Efficient and effective implementation of actions
but, where appropriate, specific provisions related to YEI
supported by the ESF depends on good governance and
should be envisaged with a view to achieving its objec
partnership between all relevant territorial and socio-
tives. It is necessary to simplify and facilitate implemen
economic actors, taking into account the actors at
tation of the YEI, in particular with regard to financial
regional and local levels, in particular the umbrella
management provisions and thematic concentration
associations representing local and regional authorities,
arrangements. In order to ensure that the results of the
organised civil society, economic and, in particular,
YEI are clearly demonstrated and communicated, specific
social partners and non-governmental organisations.
monitoring and evaluation, as well as information and
Member States should therefore ensure the participation
publicity arrangements should be envisaged. Youth
of social partners and non-governmental organisations in
organisations should be involved in the monitoring
the strategic governance of the ESF, from shaping
committees' discussions on the preparation and imple
priorities for operational programmes to implementing
mentation, including evaluation, of the YEI.
and evaluating ESF results.
(13) The
ESF
should
contribute
to
the
Europe
2020
strategy,
(18) The
Member
States
and
the
Commission
should
ensure
ensuring a greater concentration of support on the
that the implementation of the priorities financed by the
priorities of the Union. A minimum share of cohesion
ESF contributes to the promotion of equality between
policy funding for the ESF is established in accordance
women and men in accordance with Article 8 TFEU.
with Article 92(4) of Regulation (EU) No 1303/2013.
Evaluations have shown the importance of taking the
The ESF should in particular increase its support for
gender equality objectives aspect into account in all
the fight against social exclusion and poverty, through
dimensions and in all stages of the preparation, moni
a minimum ring-fenced allocation of 20 % of the total
toring, implementation and evaluation of operational
ESF resources of each Member State. The choice and
programmes, in a timely and consistent manner while
number of investment priorities for ESF support should
ensuring that specific actions are taken to promote
also be limited, in accordance with the level of devel
gender equality, the economic independence of women,
opment of the supported regions.
education and skills upgrading and the reintegration of
female victims of violence into the labour market and
into society.
(14) In
order to ensure closer monitoring and improved
assessment of the results achieved at the Union level
by actions supported by the ESF, a common set of
output and result indicators should be established in
(19) In
accordance
with
Article
10
TFEU,
the
implementation
this Regulation. Such indicators should correspond to
of the priorities financed by the ESF should contribute to
the investment priority and type of action supported in
combating discrimination based on sex, racial or ethnic
accordance with this Regulation as well as the relevant
origin, religion or belief, disability, age or sexual orien
provisions of Regulation (EU) No 1303/2013. The indi
tation by paying particular attention to those facing
cators should be complemented where necessary by
multiple discrimination. Discrimination on the ground
programme-specific result and/or output indicators.
of sex should be interpreted in a broad sense so as to
cover other gender-related aspects in line with the case
law of the Court of Justice of the European Union. The
implementation of the priorities financed by the ESF
should also contribute to promoting equal opportunities.
(15) Member
States
are
encouraged
to
report
on
the
effect
of
The ESF should support the fulfilment of the Union's
ESF investments on equal opportunities, equal access and
obligation under the UN Convention on the Rights of
integration of marginalised groups in all operational
Persons with Disabilities with regard inter alia to
programmes.
education, work, employment and accessibility. The ESF
should also promote the transition from institutional to
community-based care. The ESF should not support any
action that contributes to segregation or to social
exclusion.
(16) Taking
into
account
data
protection
requirements
linked
to collecting and storing sensitive data on participants,
the Member States and the Commission should regularly
evaluate the effectiveness, efficiency and impact of ESF
support in promoting social inclusion and combating
(20) Support
for social
innovation contributes
to making
poverty, in particular with regard to disadvantaged
policies more responsive to social change. The ESF
people such as the Roma. Member States are encouraged
should encourage and support innovative social enter
to report on ESF-funded initiatives in the national social
prises and entrepreneurs as well as innovative projects
reports annexed to their national reform programmes, in
taken on by non-governmental organisations and other
particular as regards marginalised communities, such as
actors within the social economy. In particular, testing
the Roma and migrants.
and evaluating innovative solutions before scaling them
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up is instrumental in improving the efficiency of policies
(28) The Member States and the regions should be
and thus justifies specific support from the ESF. Inno
encouraged to leverage the ESF through financial
vative solutions could include, provided they prove to
instruments in order to support, for example, students,
be effective, the development of social metrics such as,
job creation, the mobility of workers, social inclusion and
for example, social labelling.
social entrepreneurship.
(21) Transnational cooperation has significant added value
(29) The ESF should complement other Union programmes
and should therefore be supported by all Member
and close synergies should be developed between the ESF
States with the exception of duly justified cases taking
and other Union financial instruments.
account of the principle of proportionality. It is also
necessary to reinforce the Commission's role in facili
tating exchanges of experience and coordinating imple
mentation of relevant initiatives.
(30) Investment
in
human
capital
is
the
main
force
on
which
the Union can rely to ensure its international competi
tiveness and the sustainable recovery of its economy. No
type of investment can produce structural reforms unless
(22) With
a view
to fostering an integrated
and holistic
it is accompanied by a coherent, growth-oriented human
approach in terms of employment and social inclusion,
capital development strategy. It is therefore necessary to
the ESF should support cross-sectoral and territorial-
ensure that in the 2014-2020 programming period the
based partnerships.
resources intended to improve skills and raise
employment levels allow action to be taken on an
adequate scale.
(23) The mobilisation of regional and local stakeholders
should help to deliver the Europe 2020 strategy and its
headline targets. Territorial pacts, local initiatives for
employment and social inclusion, sustainable and
(31) The
power
to
adopt
acts
in
accordance
with
Article
290
inclusive community-led local development strategies in
TFEU should be delegated to the Commission for estab
urban and rural areas and sustainable urban development
lishing the definition of standard scales of unit costs and
strategies may be used and supported to involve more
lump sums and their maximum amounts according to
actively regional and local authorities, cities, social
different types of operations. It is of particular
partners and non-governmental organisations throughout
importance that the Commission carries out appropriate
the preparation and implementation of operational
consultations during its preparatory work, including at
programmes.
expert level. The Commission, when preparing and
drawing up delegated acts, should ensure the simulta
neous, timely and appropriate transmission of relevant
documents to the European Parliament and to the
(24) Regulation
(EU)
No
1303/2013
provides
that
rules
on
Council.
eligibility of expenditure are to be established at the
national level, with certain exceptions for which it is
necessary to lay down specific provisions with regard
to the ESF.
(32) The
Commission
should
be
assisted
in
the
administration
of the ESF by the Committee provided for in Article 163
TFEU.
(25) With a view to simplifying the use of the ESF and
reducing the risk of error, and with regard to the specifi
cities of the operations supported by the ESF, it is appro
(33) Since this Regulation replaces Regulation (EC)
priate to lay down provisions which complement Regu
No 1081/2006 of the European Parliament and of the
lation (EU) No 1303/2013 as regards eligibility of expen
Council ( 1 ), that Regulation should be repealed. Never
diture.
theless, this Regulation should not affect either the
continuation or modification of assistance approved by
the Commission on the basis of Regulation (EC)
No 1081/2006 or any other legislation applying to that
(26) The
use
of
standard
scales
of
unit
costs,
lump
sums
and
assistance on 31 December 2013. That Regulation or
flat-rate financing should lead to simplification for the
such other applicable legislation should consequently
beneficiary and should lower the administrative burden
continue to apply after 31 December 2013 to that
for all ESF project partners.
assistance or the operations concerned until their
closure. Applications to receive assistance made or
approved under Regulation (EC) No 1081/2006 should
remain valid,
(27) It is important to ensure the sound financial management
of each operational programme and its implementation
in the most effective and user-friendly manner possible.
( 1 ) Regulation (EC) No 1081/2006 of the European Parliament and of
the Council of 5 July 2006 on the European Social Fund and
Member States should refrain from adding rules that
repealing Regulation (EC) No 1784/1999 (OJ L 210, 31.7.2006,
complicate the use of funds for the beneficiary.
p. 12).
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HAVE ADOPTED THIS REGULATION:
(EU) No 1303/2013, which correspond to points (a), (b), (c) and
(d) of this paragraph, and in accordance with its missions, the
ESF shall support the following investment priorities:
CHAPTER I
GENERAL PROVISIONS
(a) For the thematic objective 'promoting sustainable and
Article 1
quality employment and supporting labour mobility':
Subject matter
This Regulation establishes the missions of the European Social
Fund (ESF), including the Youth Employment Initiative (YEI), the
(i) Access to employment for job-seekers and inactive
scope of its support, specific provisions and the types of expen
people, including the long-term unemployed and
diture eligible for assistance.
people far from the labour market, also through local
employment initiatives and support for labour
mobility;
Article 2
Missions
(ii) Sustainable integration into the labour market of
1. The ESF shall promote high levels of employment and job
young people, in particular those not in employment,
quality, improve access to the labour market, support the
education or training, including young people at risk of
geographical and occupational mobility of workers and facilitate
social exclusion and young people from marginalised
their adaptation to industrial change and to changes in
communities, including through the implementation of
production systems needed for sustainable developments,
the Youth Guarantee;
encourage a high level of education and training for all and
support the transition between education and employment for
young people, combat poverty, enhance social inclusion, and
promote gender equality, non-discrimination and equal oppor
(iii) Self-employment, entrepreneurship and business
tunities, thereby contributing to the priorities of the Union as
creation including innovative micro, small and
regards strengthening economic, social and territorial cohesion.
medium sized enterprises;
2. The
ESF
shall
fulfil
the
missions
set
out
in
paragraph
1
by
(iv) Equality between men and women in all areas,
supporting Member States in pursuing the priorities and
including in access to employment, career progression,
headline targets of the Union strategy for smart, sustainable
reconciliation of work and private life and promotion
and inclusive growth (the 'Europe 2020 strategy') and by
of equal pay for equal work;
allowing Member States to address their specific challenges
with regard to achieving the Europe 2020 strategy objectives.
The ESF shall support the design and implementation of policies
and actions in connection with its missions, taking account of
(v) Adaptation of workers, enterprises and entrepreneurs
the relevant Integrated Guidelines and relevant country-specific
to change;
recommendations adopted in accordance with Article 121(2)
and Article 148(4) TFEU and, where appropriate, at national
level, the national reform programmes as well as other
relevant national strategies and reports.
(vi) Active and healthy ageing;
3. The
ESF
shall
benefit
people,
including
disadvantaged
people such as the long-term unemployed, people with disabil
(vii) Modernisation of labour market institutions, such as
ities, migrants, ethnic minorities, marginalised communities and
public and private employment services, and
people of all ages facing poverty and social exclusion. The ESF
improving the matching of labour market needs,
shall also provide support to workers, enterprises, including
including through actions that enhance transnational
actors in the social economy, and entrepreneurs, as well as to
labour mobility as well as through mobility schemes
systems and structures with a view to facilitating their adap
and better cooperation between institutions and
tation to new challenges including reducing skill mismatches
relevant stakeholders;
and promoting good governance, social progress, and the
implementation of reforms, in particular in the fields of
employment, education, training and social policies.
(b) For the thematic objective 'promoting social inclusion,
combating poverty and any discrimination':
Article 3
Scope of support
(i) Active inclusion, including with a view to promoting
1. Under
the
thematic
objectives
set
out
in
points
(8),
(9),
equal opportunities and active participation, and
(10) and (11) of the first paragraph of Article 9 of Regulation
improving employability;
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(ii) Socio-economic integration of marginalised commu
(i) Investment in institutional capacity and in the efficiency
nities such as the Roma;
of public administrations and public services at the
national, regional and local levels with a view to
reforms, better regulation and good governance;
(iii) Combating all forms of discrimination and promoting
equal opportunities;
This investment priority is applicable only in Member
States eligible for support from the Cohesion Fund, or in
(iv) Enhancing access to affordable, sustainable and high-
Member States that have one or more NUTS level 2
quality services, including health care and social
regions referred to in Article 90(2)(a) of Regulation
services of general interest;
(EU) No 1303/2013.
(v) Promoting social entrepreneurship and vocational inte
gration in social enterprises and the social and solidarity
(ii) Capacity building for all stakeholders delivering
economy in order to facilitate access to employment;
education, lifelong learning, training and employment
and social policies, including through sectoral and terri
torial pacts to mobilise for reform at the national,
regional and local levels.
(vi) Community-led local development strategies;
(c) For the thematic objective 'investing in education, training
2. Through
the
investment
priorities
listed
in
paragraph
1,
and vocational training for skills and life-long learning':
the ESF shall also contribute to the other thematic objectives
listed in the first paragraph of Article 9 of Regulation (EU)
No 1303/2013, primarily by:
(i) Reducing and preventing early school-leaving and
promoting equal access to good quality early-childhood,
primary and secondary education including formal,
non-formal and informal learning pathways for reinte
(a) Supporting the shift towards a low-carbon, climate-resilient,
grating into education and training;
resource-efficient and environmentally sustainable economy,
through the improvement of education and training systems
necessary for the adaptation of skills and qualifications, the
up-skilling of the labour force, and the creation of new jobs
(ii) Improving the quality and efficiency of, and access to,
in sectors related to the environment and energy;
tertiary and equivalent education with a view to
increasing participation and attainment levels, especially
for disadvantaged groups;
(b) Enhancing the accessibility of, and use and quality of,
information and communication technologies through the
(iii) Enhancing equal access to lifelong learning for all age
development of digital literacy and e-learning, and
groups in formal, non-formal and informal settings,
investment in e-inclusion, e-skills and related entrepreneurial
upgrading the knowledge, skills and competences of
skills;
the workforce, and promoting flexible learning
pathways including through career guidance and vali
dation of acquired competences;
(c) Strengthening research, technological development and
innovation through the development of post-graduate
(iv) Improving the labour market relevance of education
studies and entrepreneurial skills, the training of researchers,
and training systems, facilitating the transition from
networking activities and partnerships between higher
education to work, and strengthening vocational
education institutions, research and technological centres
education and training systems and their quality,
and enterprises;
including through mechanisms for skills anticipation,
adaptation of curricula and the establishment and devel
opment of work-based learning systems, including dual
learning systems and apprenticeship schemes;
(d) Enhancing the competitiveness and long-term sustainability
of small and medium-sized enterprises, through promoting
the adaptability of enterprises, managers and workers,
(d) For the thematic objective 'enhancing institutional capacity
increased investment in human capital, and support for
of public authorities and stakeholders and efficient public
bodies providing practice-oriented vocational education
administration':
and training.
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Article 4
For common and programme-specific output indicators,
baselines shall be set at zero. Where relevant to the nature of
Consistency and thematic concentration
the operations supported, cumulative quantified target values for
1. Member States shall ensure that the strategy and actions
those indicators shall be set for 2023. Output indicators shall
set out in their operational programmes are consistent with, and
be expressed in absolute numbers.
respond to, the challenges identified in their national reform
programmes, as well as, where relevant, in their other
national strategies that aim to fight unemployment, poverty
and social exclusion, and also in the relevant Council recom
For those common and programme-specific result indicators for
mendations adopted in accordance with Article 148(4) TFEU, in
which a cumulative quantified target value for 2023 has been
order to contribute to achieving the headline targets of the
set, baselines shall be fixed using the latest available data or
Europe 2020 strategy on employment, education and poverty
other relevant sources of information. Programme-specific
reduction.
result indicators and related targets may be expressed in quanti
tative or qualitative terms.
2. At
least
20
%
of
the
total
ESF
resources
in
each
Member 2. In
addition
to
paragraph
1,
result
indicators
set
out
in
State shall be allocated to the thematic objective "promoting
Annex II to this Regulation shall be used for all operations
social inclusion, combating poverty and any discrimination"
supported under the investment priority referred to in
set out in point (9) of the first paragraph of Article 9 of
Article 3(1)(a)(ii) for the implementation of the YEI. All indi
Regulation (EU) No 1303/2013.
cators set out in Annex II to this Regulation shall be linked with
a quantified cumulative target value for 2023 and a baseline.
3. Member States shall
pursue
thematic
concentration
according to the following modalities:
3. Together
with
annual
implementation
reports,
each
managing authority shall transmit electronically structured
data for each priority axis broken down by investment
(a) For more developed regions, Member States shall
priority. The data shall be submitted for the categories of inter
concentrate at least 80 % of the ESF allocation to each
vention referred to in Article 96(2)(b)(vi) of Regulation (EU)
operational programme on up to five of the investment
No 1303/2013and the output and result indicators. By way of
priorities set out in Article 3(1).
derogation from Article 50(2) of Regulation (EU)
No 1303/2013, data transmitted for output and result indi
cators shall relate to values for partially or fully implemented
operations.
(b) For transition regions, Member States shall concentrate at
least 70 % of the ESF allocation to each operational
programme on up to five of the investment priorities set
out in Article 3(1).
CHAPTER II
SPECIFIC PROVISIONS FOR PROGRAMMING AND
IMPLEMENTATION
(c) For less developed regions, Member States shall concentrate
at least 60 % of the ESF allocation to each operational
Article 6
programme on up to five of the investment priorities set
Involvement of partners
out in Article 3(1).
1. The
participation
of
the
partners
referred
to
in
Article
5
of
Regulation (EU) No 1303/2013 in the implementation of the
operational programmes may take the form of global grants as
4. The
priority
axes
referred
to
in
Article
11(1)
shall
be defined in Article 123(7) of Regulation (EU) No 1303/2013. In
excluded from the calculation of the percentages specified in
such cases, the operational programme shall identify the part of
paragraphs 2 and 3 of this Article.
the operational programme concerned by the global grant,
including an indicative financial allocation from each priority
axis to it.
Article 5
Indicators
2. To
encourage
adequate
participation
of
the
social
partners
1. Common
output
and
result
indicators,
as
set
out
in
Annex in actions supported by the ESF, the managing authorities of an
I to this Regulation, and, where relevant, programme-specific
operational programme in a region defined in Article 90(2)(a)
indicators shall be used in accordance with Article 27(4) and
or (b) of Regulation (EU) No 1303/2013 or in a Member State
Article 96(2)(b)(ii) and (iv) of Regulation (EU) No 1303/2013.
eligible for support from the Cohesion Fund shall ensure that,
All common output and result indicators shall be reported for
according to the needs, an appropriate amount of ESF resources
all investment priorities. The result indicators set out in Annex
is allocated to capacity building activities, in the form of
II to this Regulation shall be reported in accordance with
training, networking measures, and strengthening of the social
paragraph 2 of this Article. Where applicable, data shall be
dialogue, and to activities jointly undertaken by the social
broken down by gender.
partners.
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3. To encourage the adequate participation of, and access by,
2. Member
States
shall
identify,
either
in
their
operational
non-governmental organisations in and to actions supported by
programmes or at a later stage during implementation, fields
the ESF, in particular in the fields of social inclusion, gender
for social innovation that correspond to the Member States'
equality and equal opportunities, the managing authorities of an
specific needs.
operational programme in a region defined in Article 90(2)(a)
or (b) of Regulation (EU) No 1303/2013 or in a Member State
eligible for support from the Cohesion Fund shall ensure that an
appropriate amount of ESF resources is allocated to capacity
3. The
Commission
shall
facilitate
capacity
building
for
social
building for non-governmental organisations.
innovation, in particular through supporting mutual learning,
establishing networks, and disseminating and promoting good
practices and methodologies.
Article 7
Promotion of equality between men and women
Article 10
The Member States and the Commission shall promote equality
Transnational cooperation
between men and women through mainstreaming as referred to
1. Member
States
shall
support
transnational
cooperation
in Article 7 of Regulation (EU) No 1303/2013 throughout the
with the aim of promoting mutual learning, thereby increasing
preparation, implementation, monitoring and evaluation of the
the effectiveness of policies supported by the ESF. Transnational
operational programmes. Through the ESF, the Member States
cooperation shall involve partners from at least two Member
and the Commission shall also support specific targeted actions
States.
within any of the investment priorities referred to in Article 3,
and in particular Article 3(1)(a)(iv) of this Regulation, with the
aim of increasing the sustainable participation and progress of
women in employment, thus combating the feminisation of
2. By way of derogation from paragraph 1, Member States
poverty, reducing gender-based segregation, combating gender
with a single operational programme supported by the ESF or a
stereotypes in the labour market and in education and training,
single multi-fund operational programme may exceptionally
and promoting the reconciliation of work and personal life for
choose not to support transnational cooperation actions, in
all as well as the equal sharing of care responsibilities between
duly justified cases and taking account of the principle of
men and women.
proportionality.
Article 8
3. Member
States,
in
partnership
with
the
relevant
partners,
may select themes for transnational cooperation from a list of
Promotion of equal opportunities and non-discrimination
common themes proposed by the Commission and endorsed by
The Member States and the Commission shall promote equal
the Committee referred to in Article 25 or select any other
opportunities for all, without discrimination based on sex, racial
themes corresponding to their specific needs.
or ethnic origin, religion or belief, disability, age or sexual
orientation through mainstreaming the principle of non-
discrimination, as referred to in Article 7 of Regulation (EU)
No 1303/2013. Through the ESF, the Member States and the
4. The
Commission
shall
facilitate
transnational
cooperation
Commission shall also support specific actions within any of
on the common themes of the list referred to in paragraph 3
the investment priorities referred to in Article 3, and in
and, where appropriate, other themes selected by Member
particular Article 3(1)(b)(iii) of this Regulation. Such actions
States, through mutual learning and coordinated or joint
shall aim to combat all forms of discrimination as well as to
action. In particular, the Commission shall operate an EU-
improve accessibility for persons with disabilities, with a view to
level platform to facilitate the setting up of transnational part
improving integration into employment, education and training,
nerships, the exchange of experiences, capacity building and
thereby enhancing social inclusion, reducing inequalities in
networking, and the capitalisation on and the dissemination
terms of educational attainment and health status, and facili
of the relevant outcomes. In addition, the Commission shall
tating the transition from institutional to community-based
develop a coordinated implementation framework, including
care, in particular for those who face multiple discrimination.
common eligibility criteria, types and timing of actions, and
common methodological approaches for monitoring and evalu
ation, with a view to facilitating transnational cooperation.
Article 9
Article 11
Social innovation
Fund-specific provisions for operational programmes
1. The
ESF
shall
promote
social
innovation
within
all
areas
falling under its scope, as defined in Article 3 of this Regulation,
1. By
way
of
derogation
from
Article
96(1)
of
Regulation
in particular with the aim of testing, evaluating and scaling up
(EU) No 1303/2013, operational programmes may set out
innovative solutions, including at the local or regional level, in
priority axes for the implementation of social innovation and
order to address social needs in partnership with the relevant
transnational cooperation as referred to in Articles 9 and 10 of
partners and, in particular, social partners.
this Regulation.
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2. By
way
of
derogation
from
Article
120(3)
of
Regulation 2. The
ESF
may
provide
support
for
expenditure
incurred
for
(EU) No 1303/2013, the maximum co-financing rate for a
operations which take place outside the programme area, but
priority axis shall be increased by ten percentage points, but
within the Union, provided that the following two conditions
shall not exceed 100 % where the whole of a priority axis is
are satisfied:
dedicated to social innovation or to transnational cooperation,
or a combination of both.
(a) the operation is for the benefit of the programme area;
3. In
addition
to
the
provision
made
in
Article
96(3)
of
Regulation (EU) No 1303/2013, operational programmes shall
(b) the obligations of the authorities for the operational
also set out the contribution of planned ESF-supported actions
programme in relation to management, control and audit
to:
concerning the operation are fulfilled by the authorities
responsible for the operational programme under which
that operation is supported or they enter into agreements
(a) the thematic objectives listed under points (1) to (7) of the
with authorities in the Member State in which the operation
first paragraph of Article 9 of Regulation (EU)
is implemented provided that in that Member State the
No 1303/2013 by priority axis, as appropriate;
obligations in relation to management, control and audit
concerning the operation are met.
(b) social innovation and transnational cooperation, as referred
to in Articles 9 and 10 of this Regulation, where they are
3. Up to a limit of 3 % of the budget of an ESF operational
not covered by a dedicated priority axis.
programme or the ESF part of a multi-fund operational
programme, expenditure incurred outside the Union shall be
eligible for a contribution from the ESF provided that it
concerns the thematic objectives under Article 3(1)(a) or
Article 12
Article 3(1)(c) and provided that the relevant monitoring
Specific provisions on the treatment of particular
committee has given its agreement to the operation or types
territorial features
of operations concerned.
1. The ESF may support community-led local development
strategies in urban and rural areas, as referred to in Articles 32,
4. In
addition
to
the
expenditure
referred
to
in
Article
69(3)
33 and 34 of Regulation (EU) No 1303/2013, territorial pacts
of Regulation (EU) No 1303/2013, the purchase of infra
and local initiatives for employment, including youth
structure, land and real estate shall also not be eligible for a
employment, education and social inclusion, as well as Inte
contribution from the ESF.
grated territorial investments (ITI) as referred to in Article 36
of Regulation (EU) No 1303/2013.
5. Contributions
in
kind
in
the
form
of
allowances
or
salaries
disbursed by a third party for the benefit of the participants in
2. As a complement to ERDF interventions as referred to in
an operation may be eligible for a contribution from the ESF
Article 7 of Regulation (EU) No 1301/2013 of the European
provided that the contributions in kind are incurred in
Parliament and of the Council ( 1 ), the ESF may support
accordance with national rules, including accountancy rules,
sustainable urban development through strategies setting out
and do not exceed the cost borne by the third party.
integrated actions to tackle the economic, environmental and
social challenges affecting the urban areas identified by the
Member States on the basis of the principles laid down in
their respective Partnership Agreements.
Article 14
Simplified cost options
1. In addition to the options referred to in Article 67 of
CHAPTER III
Regulation (EU) No
1303/2013, the Commission may
SPECIFIC PROVISIONS FOR FINANCIAL MANAGEMENT
reimburse expenditure paid by Member States on the basis of
standard scales of unit costs and lump sums defined by the
Commission. The amounts calculated on this basis shall be
Article 13
regarded as public support paid to beneficiaries and as eligible
Eligibility of expenditure
expenditure for the purpose of applying Regulation (EU)
No 1303/2013.
1. The
ESF
shall
provide
support
for
eligible
expenditure
which, as referred to in Article 120(2)(b) of Regulation (EU)
No 1303/2013, may include any financial resources collectively
contributed by employers and workers.
For the purpose of the first subparagraph, the Commission shall
be empowered to adopt delegated acts in accordance with
Article 24 concerning the type of operations covered, the defi
( 1 ) Regulation (EU) No 1301/2013 of the European Parliament and of
nitions of the standard scales of unit costs and lump sums and
the Council of 17 December 2013 on the European Regional Devel
their maximum amounts, which may be adjusted according to
opment Fund and the Investment for growth and jobs goal and
repealing Regulation (EC) No 1080/2006 (See page 289 of this
the applicable commonly agreed methods, taking due account
Official Journal).
of experience gained during the previous programming period.
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Financial audit shall exclusively aim at verifying that the
target all young persons under the age of 25 not in
conditions for reimbursement by the Commission on the
employment, education or training, residing in eligible
basis of standard scales of unit costs and lump sums have
regions, who are inactive or unemployed including the long-
been fulfilled.
term unemployed, and whether or not registered as seeking
work. On a voluntary basis, Member States may decide to
extend the target group to include young persons under the
Where funding on the basis of standard scales of unit costs and
age of 30.
lump sums, in accordance with the first subparagraph, is used,
the Member State may apply its accounting practices to support
operations. For the purpose of this Regulation and Regulation
For the purpose of the YEI for 2014-2015, "eligible regions" are
(EU) No 1303/2013, such accounting practices and the resulting
those NUTS level 2 regions that have youth unemployment
amounts shall not be subject to audit by the audit authority or
rates for young persons aged 15 to 24 of more than 25 % in
by the Commission.
2012 and, for Member States where the youth unemployment
rate has increased by more than 30 % in 2012, NUTS level 2
regions that have youth unemployment rates of more than
20 % in 2012.
2. In
accordance
with
Article
67(1)(d)
and
(5)(d)
of
Regu
lation (EU) No 1303/2013, a flat rate of up to 40 % of the
eligible direct staff costs may be used in order to cover the
The resources for the YEI may be revised upwards for the years
remaining eligible costs of an operation without a requirement
2016 to 2020 in the framework of the budgetary procedure in
for the Member State to execute any calculation to determine
accordance with Article 14 of Regulation (EU) 1311/2013. For
the applicable rate.
the determination of the regions eligible for the YEI for the
period 2016-2020, the reference to 2012 data in the second
subparagraph shall be construed as a reference to the latest
3. In
addition
to
the
methods
stipulated
in
Article
67(5)
of available annual data. The breakdown by Member State of the
Regulation (EU) No 1303/2013, where the public support for
additional resources shall follow the same steps as the initial
grants and repayable assistance does not exceed EUR 100 000,
allocation in accordance with Annex VIII of Regulation (EU)
the amounts referred to in Article 67(1)(b), (c) and (d) of Regu
No 1303/2013.
lation (EU) No 1303/2013 may be established on a case-by-case
basis by reference to a draft budget agreed ex ante by the
managing authority.
In agreement with the Commission, Member States may decide
to allocate a limited amount not exceeding 10 % of the funds
under the YEI to young persons residing in sub-regions which
experience high youth unemployment levels and which are
4. Without
prejudice
to
Article
67
(4)
of
Regulation
(EU)
outside the eligible NUTS level 2 regions.
No (1303/2013), grants and repayable assistance for which
the public support does not exceed EUR 50 000 shall take the
form of standard scales of unit costs or lump sums in
Article 17
accordance with paragraph 1 of this Article or with Article 67
of Regulation (EU) No (1303/2013) or flat rates in accordance
Thematic concentration
with Article 67 of Regulation (EU) No (1303/2013), except
The specific allocation for YEI shall not be taken into account
for operations receiving support within the framework of a
for the purpose of calculating the thematic concentration
State aid scheme. Where flat-rate financing is used, the
referred to in Article 4.
categories of costs which are used to calculate the rate may
be reimbursed in accordance with Article 67(1)(a) of Regulation
(EU) No (1303/2013).
Article 18
Programming
Article 15
The YEI is integrated into the programming of the ESF under
Article 96 of Regulation (EU) No 1303/2013. Where appro
Financial instruments
priate, Member States shall set out the programming
Pursuant to Article 37 of Regulation (EU) No 1303/2013, the
arrangements for the YEI in their Partnership Agreements and
ESF may support actions and policies falling within its scope
in their operational programmes.
through financial instruments, including micro-credits and
guarantee funds.
The programming arrangements may take one or more of the
following forms:
CHAPTER IV
(a) a dedicated operational programme;
YOUTH EMPLOYMENT INITIATIVE
Article 16
(b) a dedicated priority axis within an operational programme;
Youth Employment Initiative
(c) a part of one or more priority axes.
The YEI shall support the fight against youth unemployment in
eligible regions of the Union through providing support to
actions under Article 3(1)(a)(ii) of this Regulation. It shall
Article 9 and 10 of this Regulation shall also apply to the YEI.
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Article 19
Article 20
Monitoring and evaluation
Information and communication measures
1. In addition to the functions of the monitoring committee
1. The beneficiaries shall ensure that those taking part in an
set out in Article 110 of Regulation (EU) No 1303/2013, at
operation are specifically informed of the YEI support provided
least once per year, the monitoring committee shall examine
through the ESF funding and the specific YEI allocation.
the implementation of the YEI in the context of the operational
programme and the progress made towards achieving its objec
tives.
2. Any document relating to the implementation of an
operation and issued for the public or for participants,
including an attendance or other certificate, shall include a
2. The
annual
implementation
reports
and
the
final
report
as statement to the effect that the operation was supported
referred to in Article 50(1) and (2) of Regulation (EU)
under the YEI.
No 1303/2013 shall include additional information on the
implementation of the YEI. The Commission shall transmit to
Article 21
the European Parliament a summary of those reports as referred
to in Article 53(1) of Regulation (EU) No 1303/2013.
Technical assistance
The specific allocation for YEI may be taken into account by the
Member States in the calculation of the limit on the total
The Commission shall attend the European Parliament's annual
amount of funds allocated to technical assistance for each
debate on those reports.
Member State.
3. As from April 2015 and for subsequent years, and at the
Article 22
same time as the annual implementation reports referred to in
Financial support
Article 50(1) and (2) of Regulation (EU) No 1303/2013, the
managing authority shall transmit electronically to the
1. The Commission decision adopting an operational
Commission structured data for each priority axis or any part
programme shall fix the maximum amount of support from
thereof supporting the YEI. Indicator data transmitted shall
the specific allocation for YEI and the corresponding ESF
relate to values for the indicators set out in Annexes I and II
support, as a global amount and also by category of regions,
to this Regulation and, where applicable, to programme specific
for each priority axis. The corresponding ESF support shall at
indicators. They shall relate to partially or fully implemented
least match the support from the specific allocation for YEI for
operations.
each priority axis.
4. The annual implementation reports referred to in
2. On
the
basis
of
the
amounts
referred
to
in
paragraph
1,
Article 50(4) of Regulation (EU) No 1303/2013 or, where appli
the Commission decision referred to in paragraph 1 shall also
cable, the progress report referred to in Article 111(4) of Regu
fix the ratio between the categories of regions for the ESF
lation (EU) No 1303/2013. and the annual implementation
support for each priority axis.
report submitted by 31 May 2016, shall present the main
findings of evaluations referred to in paragraph 6 of this
3. Where
the
YEI
is
implemented
by
a
specific
priority
axis
Article. The reports shall also set out and assess the quality of
covering eligible regions from more than one category, the
employment offers received by YEI participants, including
highest co-financing rate shall apply with regard to the ESF
disadvantaged persons, those from marginalised communities
allocation.
and those leaving education without qualifications. The
reports shall also set out and assess their progress in continuing
education, finding sustainable and decent jobs, or moving into
The specific allocation for YEI shall not be subject to the
apprenticeships or quality traineeships.
national co-financing requirement.
The overall co-financing rate of the priority axis fixed by the
5. The
progress
reports
referred
to
in
Article
52
of
Regu
Commission decision referred to in paragraph 1 shall be
lation (EU) No 1303/2013 shall include additional information
calculated taking into account the co-financing rate of the ESF
on, and assess the implementation of, the YEI. The Commission
allocation together with the special allocation for the YEI.
shall transmit to the European Parliament a summary of these
reports as referred to in Article 53(2) of that Regulation and
shall attend the European Parliament's debate on those reports.
Article 23
Financial management
6. At
least
twice
during
the
programming
period,
an
In addition to Article 130 of Regulation (EU) No 1303/2013,
evaluation shall assess the effectiveness, efficiency and impact
when the Commission reimburses interim payments and pays
of joint support from the ESF and the specific allocation for YEI
the final balance for the YEI by priority axis, it shall allocate the
including for the implementation of the Youth Guarantee.
reimbursement from the budget of the Union equally between
the ESF and the specific allocation for YEI. Once all resources
from the specific allocation for YEI have been reimbursed, the
The first evaluation shall be completed by 31 December 2015
Commission shall allocate the remaining reimbursements from
and the second evaluation by 31 December 2018.
the budget of the Union to the ESF.
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The Commission shall allocate the reimbursement from the ESF
4. The ESF Committee shall include one representative from
between categories of regions according to the ratio laid down
each of the organisations representing workers' organisations
in Article 22 (2).
and employers' organisations at Union level.
CHAPTER V
5. The
ESF
Committee
may
invite
non-voting
representatives
DELEGATIONS OF POWER AND FINAL PROVISIONS
of the European Investment Bank and the European Investment
Fund as well as non-voting representatives of the relevant civil
society organizations to its meetings, if the agenda of the
Article 24
meeting requires their participation.
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.
6. The ESF Committee shall:
2. The power to adopt delegated acts referred to in
(a) be consulted on draft Commission decisions relating to
Article 14(1) shall be conferred on the Commission
operational programmes and programming in the case of
from21 December 2013 until 31 December 2020.
support from the ESF;
3. The
delegation
of
power
referred
to
in
Article
14(1)
may (b) be consulted on the planned use of technical assistance in
be revoked at any time by the European Parliament or by the
the case of support from the ESF, as well as on other issues
Council. A decision to revoke shall put an end to the delegation
having an impact on the implementation of strategies at
of the power specified in that decision. It shall take effect the
Union level relevant to the ESF;
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
(c) endorse the list of common themes for transnational
already in force.
cooperation provided for in Article 10(3).
4. As
soon
as
it
adopts
a
delegated
act,
the
Commission
shall
notify it simultaneously to the European Parliament and to the
7. The ESF Committee may deliver opinions on:
Council.
(a) questions related to the ESF contribution to the implemen
5. A
delegated
act
adopted
pursuant
to
Article
14(1)
shall
tation of the Europe 2020 strategy;
enter into force only if no objection has been expressed either
by the European Parliament or by the Council within a period
of two months of notification of that act to the European
(b) issues concerning Regulation (EU) No 1303/2013 relevant
Parliament and the Council, or if, before the expiry of that
for the ESF;
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.
(c) questions related to the ESF referred to it by the
Commission other than those referred to in paragraph 6.
Article 25
8. The
opinions
of
the
ESF
Committee
shall
be
adopted
by
Committee under Article 163 TFEU
an absolute majority of the votes validly cast, and shall be
1. The
Commission
shall
be
assisted
by
a
Committee
(the
communicated to the European Parliament for information.
"ESF Committee") set up under Article 163 TFEU.
The Commission shall inform the ESF Committee of the
manner in which it has taken account of its opinions.
2. The
member
of
the
Commission
responsible
for
chairing
the ESF Committee may delegate that responsibility to a senior
Article 26
Commission official. The Secretariat of the ESF Committee shall
Transitional provisions
be provided by the Commission.
1. This
Regulation
shall
not
affect
either
the
continuation
or
modification, including the total or partial cancellation, of
3. Each
Member
State
shall
appoint
one
government
repre
assistance approved by the Commission on the basis of Regu
sentative, one representative of the workers' organisations, one
lation (EC) No 1081/2006 or any other legislation applying to
representative of the employers' organisations and one alternate
that assistance on 31 December 2013. That Regulation or such
for each member for a maximum period of seven years. In the
other applicable legislation shall consequently continue to apply
absence of a member, the alternate shall be automatically
after 31 December 2013 to that assistance or the operations
entitled to take part in the proceedings.
concerned until their closure.
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2. Applications
to
receive
assistance
made
or
approved
under
Article 28
Regulation (EC) No 1081/2006 before 1 January 2014 shall
remain valid.
Review
The European Parliament and the Council shall review this
Article 27
Regulation by 31 December 2020 in accordance with
Article 164 TFEU.
Repeal
Without prejudice to the provisions laid down in Article 26 of
this Regulation, Regulation (EC) No 1081/2006 is hereby
repealed with effect from 1 January 2014.
Article 29
Entry in force
References to the repealed Regulation shall be construed as
references to this Regulation and shall be read in accordance
This Regulation shall enter into force on the day following that
with the correlation table set out in Annex III.
of its publication in the Official Journal of the European Union.
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
R. ADIUS
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ANNEX I
Common output and result indicators for ESF investments
(1) Common output indicators for participants
"Participants" ( 1 ) refers to persons benefiting directly from an ESF intervention who can be identified and asked for
their characteristics, and for whom specific expenditure is earmarked. Other persons shall not be classified as
participants. All data shall be broken down by gender.
The common output indicators for participants are:
— unemployed, including long-term unemployed*,
— long-term unemployed*,
— inactive*,
— inactive, not in education or training*,
— employed, including self-employed*,
— below 25 years of age*,
— above 54 years of age*,
— above 54 years of age who are unemployed, including long-term unemployed, or inactive not in education or
training*,
— with primary (ISCED 1) or lower secondary education (ISCED 2)*,
— with upper secondary (ISCED 3) or post-secondary education (ISCED 4)*,
— with tertiary education (ISCED 5 to 8)*,
— participants who live in jobless households*,
— participants who live in jobless households with dependent children*,
— participants who live in a single adult household with dependent children*,
— migrants, participants with a foreign background, minorities (including marginalised communities such as the
Roma)**,
— participants with disabilities**,
— other disadvantaged**.
The total number of participants will be calculated automatically on the basis of the output indicators.
These data on participants entering an ESF supported operation shall be provided in the annual implementation
reports as specified in Article 50(1) and (2) and Article 111(1) of Regulation (EU) No 1303/2013.
— homeless or affected by housing exclusion*,
— from rural areas* ( 2 ).
( 1 ) Managing authorities shall establish a system that records and stores individual participant data in computerised form as set out in
Article 125 (2) (d) of Regulation (EU) No 1303/2013. The data processing arrangements put in place by the Member States shall be in
line with the provisions of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of
individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31), in
particular Articles 7 and 8 thereof.
Data reported under the indicators marked with * are personal data according to Article 7 of Directive 95/46/EC. Their processing is
necessary for compliance with the legal obligation to which the controller is subject (Article 7(c) of Directive 95/46/EC). For the
definition of controller, see Article 2 of Directive 95/46/EC.
Data reported under the indicators marked with ** are a special category of data according to Article 8 of Directive 95/46/EC. Subject
to the provision of suitable safeguards, Member States may, for reasons of substantial public interest, lay down exemptions in addition
to those laid down in Article 8(2) of Directive 95/46/EC, either by national law or by decision of the supervisory authority (Article 8(4)
of Directive 95/46/EC).
( 2 ) The data shall be collected at the level of smaller administrative units (local administrative units 2), in accordance with Regulation (EC)
No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of
territorial units for statistics (NUTS) (OJ L 154, 21.6.2003, p. 1).
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The data on participants under the two above indicators will be provided in the annual implementation reports as
specified in Article 50(4) of Regulation (EU) No 1303/2013. The data shall be collected based on a representative
sample of participants within each investment priority. Internal validity of the sample shall be ensured in such a way
that the data can be generalised at the level of investment priority.
(2) Common output indicators for entities are:
— number of projects fully or partially implemented by social partners or non-governmental organisations,
— number of projects dedicated at sustainable participation and progress of women in employment,
— number of projects targeting public administrations or public services at national, regional or local level,
— number of supported micro, small and medium-sized enterprises (including cooperative enterprises, enterprises of
the social economy).
These data shall be provided in the annual implementation reports as specified in Article 50(1) and (2) and
Article 111(1) of Regulation (EU) No 1303/2013.
(3) Common immediate result indicators for participants are:
— inactive participants engaged in job searching upon leaving*,
— participants in education/training upon leaving*,
— participants gaining a qualification upon leaving*,
— participants in employment, including self-employment, upon leaving*,
— disadvantaged participants engaged in job searching, education/ training, gaining a qualification, in employment,
including self-employment, upon leaving**.
These data shall be provided in the annual implementation reports as specified in Article 50(1) and (2) and
Article 111(1) of Regulation (EU) No 1303/2013. All data shall be broken down by gender.
(4) Common longer-term result indicators for participants are:
— participants in employment, including self-employment, six months after leaving*,
— participants with an improved labour market situation six months after leaving*,
— participants above 54 years of age in employment, including self-employment, six months after leaving*,
— disadvantaged participants in employment, including self-employment, six months after leaving**.
These data shall be provided in the annual implementation reports as specified in Article 50(5) of Regulation (EU)
No 1303/2013. They shall be collected based on a representative sample of participants within each investment
priority. Internal validity of the sample shall be ensured in such a way that the data can be generalised at the level of
investment priority. All data shall be broken down by gender.
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ANNEX II
Result indicators for the YEI
These data shall be provided in the annual implementation reports as specified in Article 50(1) and (2) of Regulation (EU)
No 1303/2013 and in the report to be submitted in April 2015 as specified in Article 19(3) of this Regulation. All data
shall be broken down by gender.
(1) Common immediate result indicators for participants
"Participants" ( 1 ) refers to persons benefiting directly from a YEI intervention who can be identified and asked for their
characteristics, and for whom specific expenditure is earmarked.
The immediate result indicators are:
— Unemployed participants who complete the YEI supported intervention*,
— Unemployed participants who receive an offer of employment, continued education, apprenticeship or traineeship
upon leaving*,
— Unemployed participants who are in education/training, gain a qualification, or are in employment, including self-
employment, upon leaving*,
— Long-term unemployed participants who complete the YEI supported intervention*,
— Long-term unemployed participants who receive an offer of employment, continued education, apprenticeship or
traineeship upon leaving*,
— Long-term unemployed participants who are in education/training, gain a qualification, or are in employment,
including self-employment, upon leaving*,
— Inactive participants not in education or training who complete the YEI supported intervention*,
— Inactive participants not in education or training who receive an offer of employment, continued education,
apprenticeship or traineeship upon leaving*,
— Inactive participants not in education or training who are in education/training, gain a qualification, or are in
employment, including self-employment, upon leaving*.
(2) Common longer-term result indicators for participants
The longer-term result indicators are:
— Participants in continued education, training programmes leading to a qualification, an apprenticeship or a
traineeship six months after leaving*,
— Participants in employment six months after leaving*,
— Participants in self-employment six months after leaving*.
The data for longer-term result indicators shall be collected based on a representative sample of participants within
each investment priority. Internal validity of the sample shall be ensured in such a way that the data can be
generalised at the level of investment priority.
( 1 ) Managing authorities shall establish a system that records and stores individual participant data in computerised form as set out in
Article 125 (2) (d) of Regulation (EU) No 1303/2013 The data processing arrangements put in place by the Member States must be in
line with the provisions of Directive 95/46/EC, in particular Articles 7 and 8 thereof.
Data reported under the indicators marked with * are personal data according to Article 7 of Directive 95/46/EC. Their processing is
necessary for compliance with the legal obligation to which the controller is subject (Article 7(c) of Directive 95/46/EC). For the
definition of controller, see Article 2 of Directive 95/46/EC.
Data reported under the indicators marked with ** are a special category of data according to Article 8 of Directive 95/46/EC. Subject
to the provision of suitable safeguards, Member States may, for reasons of substantial public interest, lay down exemptions in addition
to those laid down in Article 8(2) of Directive 95/46/EC, either by national law or by decision of the supervisory authority (Article 8(4)
of Directive 95/46/EC).
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ANNEX III
Correlation table
European Parliament and Council Regulation (EC) No 1081/2006 This
Regulation
Article 1 Article
1
Article 2 Article
2
Article 3 Article
3
Article 4 Article
4
Article 5
Article 5 Article
6
Article 6 Article
7
Article 8
Article 7 Article
9
Article 8 Article
10
Article 9
—
Article 10
—
Article 11
Article 12
Article 11 Article
13
Article 14
Article 15
Articles 16 to 23
Article 24
Article 25
Article 12 Article
26
Article 13 Article
27
Article 14 Article
28
Article 15 Article
29
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Official Journal of the European Union
20.12.2013
REGULATION (EU) No 1304/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 17 December 2013
on the European Social Fund and repealing Council Regulation (EC) No 1081/2006
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
education, skills and life-long learning and develop active,
EUROPEAN UNION,
comprehensive and sustainable inclusion policies in
accordance with the tasks entrusted to the ESF by
Article 162 of the Treaty on the Functioning of the
Having regard to the Treaty on the Functioning of the European
European Union (TFEU), and thereby contribute to
Union, and in particular Article 164 thereof,
economic, social and territorial cohesion in accordance
with Article 174 TFEU. In accordance with Article 9
TFEU, the ESF should take into account requirements
Having regard to the proposal from the European Commission,
linked to the promotion of a high level of employment,
the guarantee of adequate social protection, the fight
against social exclusion, and a high level of education,
After transmission of the draft legislative act to the national
training and protection of human health.
parliaments,
Having regard to the opinions of the European Economic and
(3) The
European
Council
of
17
June
2010
called
for
all
Social Committee ( 1 ),
common policies, including cohesion policy, to support
the Europe 2020 Strategy for smart, sustainable and
inclusive growth (the 'Europe 2020 strategy'). In order
Having regard to the opinion of the Committee of the
to ensure the full alignment of the ESF with the
Regions ( 2 ),
objectives of this strategy, particularly as regards
employment, education, training and the fight against
social exclusion, poverty and discrimination, the ESF
Acting in accordance with the ordinary legislative procedure,
should support Member States, taking account of the
relevant Integrated Guidelines and relevant country-
specific recommendations adopted in accordance with
Whereas:
Article 121(2) and Article 148(4) TFEU and, where
appropriate, at national level, the national reform
programmes underpinned by national employment strat
(1) Regulation
(EU)
No
1303/2013
of
the
European
egies, national social reports, national Roma integration
Parliament and of the Council
(
strategies and national disability strategies. The ESF
3 ) establishes the
framework for action by the European Social Fund
should also contribute to relevant aspects of the imple
(ESF), the European Regional Development Fund
mentation of the flagship initiatives, in particular the
(ERDF), the Cohesion Fund, the European Agricultural
"Agenda for New Skills and Jobs", the "Youth on the
Fund for Rural Development and the European
Move", and the "European Platform against Poverty and
Maritime and Fisheries Fund and lays down, in particular,
Social Exclusion". It should also support relevant
the thematic objectives, the principles and the rules
activities in the initiatives on the "Digital Agenda" and
concerning programming, monitoring and evaluation,
"Innovation Union".
management and control. It is therefore necessary to
specify the mission and scope of the ESF, together with
the related investment priorities addressing the thematic
objectives, and to lay down specific provisions
(4) The
Union
is
confronted
with
structural
challenges
concerning the type of activities that may be financed
arising from economic globalisation, technological
by the ESF.
change and an increasingly ageing workforce and
growing skills and labour shortages in some sectors
and regions. They have been compounded by the
(2) The
ESF
should
improve
employment
opportunities,
recent economic and financial crisis, which has resulted
strengthen social inclusion, fight poverty, promote
in increased levels of unemployment, hitting in particular
young people and other disadvantaged people, such as
( 1 ) OJ C 143, 22.5.2012, p. 82 and OJ C 271, 19.9.2013, p. 101.
migrants and minorities.
( 2 ) OJ C 225, 27.7.2012, p. 127.
( 3 ) Regulation (EU) No 1303/2013 of the European Parliament and of
the Council of 17 December 2013 laying down common provisions
on the European Regional Development Fund, the European Social
Fund, the Cohesion Fund, the European Agricultural Fund for Rural
(5) The
ESF
should
aim
to
promote
employment,
improve
Development and the European Maritime and Fisheries Fund and
access to the labour market, paying particular attention
laying down general provisions on the European Regional Devel
to those who are furthest from the labour market and
opment Fund, the European Social Fund, the Cohesion Fund and
support voluntary labour mobility. The ESF should also
the European Maritime and Fisheries Fund and repealing Council
Regulation (EC) No 1083/2006 (See page 320 of this Official
support active and healthy ageing, including through
Journal).
innovative forms of work organisation, promoting
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health and safety at work and increasing employability.
(9) Support
under
the
investment
priority "community-led
In promoting the better functioning of labour markets by
local development" may contribute to all thematic
enhancing the transnational geographical mobility of
objectives as set out in this Regulation. Community-led
workers, the ESF should, in particular, support EURES
local development strategies supported by the ESF should
activities (activities of the European network of
be inclusive with regard to disadvantaged people present
employment services) in relation to recruitment and
on the territory, both in terms of governance of local
related information, advice and guidance services at
action groups and in terms of content of the strategy.
national and cross-border level. Operations financed by
the ESF should comply with Article 5(2) of the Charter of
Fundamental Rights of the European Union which
provides that no one shall be required to perform
forced or compulsory labour.
(10) At the same time, it is crucial to support the devel
opment and competitiveness of micro, small and
medium-sized enterprises of the Union and to ensure
that people can adapt, through acquiring appropriate
skills and through lifelong learning opportunities, to
new challenges such as the shift to a knowledge-based
(6) The
ESF
should
also
promote
social
inclusion
and
economy, the digital agenda, and the transition to a low-
prevent and combat poverty with a view to breaking
carbon and more energy-efficient economy. By pursuing
the cycle of disadvantage across generations which
its primary thematic objectives, the ESF should contribute
implies mobilising a range of policies targeting the
to addressing these challenges. In this context, the ESF
most disadvantaged people regardless of their age
should support the labour force transition from
including children, the working poor and older women.
education to employment, towards greener skills and
Attention should be paid to the participation of those
jobs, and should address skills shortages, including
seeking asylum and refugees. The ESF may be used to
those in the energy-efficiency, renewable energy and
enhance access to affordable, sustainable and high quality
sustainable transport sectors. The ESF should also
services of general interest, in particular in the fields of
contribute to cultural and creative skills. Socio-cultural,
health care, employment and training services, services
creative and cultural sectors are important in indirectly
for the homeless, out of school care, childcare and
addressing the aims of the ESF; their potential should
long-term care services. Services supported can be
therefore be better integrated into ESF projects and
public, private and/or community-based, and delivered
programming.
by different types of providers, namely public adminis
trations, private companies, social enterprises, non-
governmental organisations.
(11) In
light
of
the
persistent
need
to
make
an
effort
to
address youth unemployment in the Union as a whole,
a Youth Employment Initiative (YEI) should be created
(7)
The ESF should undertake to tackle early school leaving,
for the most affected regions. The YEI should support, in
promote equal access to good quality education, invest in
such regions, young persons not in employment,
vocational education and training, improve the labour
education or training (NEET), who are unemployed or
market relevance of education and training systems and
inactive, thereby reinforcing and accelerating the
enhance life-long learning, including formal, non-formal
delivery of activities supported by ESF funding.
and informal learning pathways.
Additional funds should be specifically attributed to the
YEI and should be matched with funding from the ESF in
the most affected regions. By targeting individual persons
rather than structures, the YEI should aim to complement
other ESF–funded operations and national actions
targeting NEET, including through the implementation
of the Youth Guarantee in line with the Council's Recom
mendation of 22 April 2013 on Establishing a Youth
(8)
In addition to these priorities, in the less developed
Guarantee ( 1 ), which provides that young persons
regions and Member States, and with a view to increasing
should receive a good-quality offer of either employment,
economic growth and employment opportunities, the
continued education, an apprenticeship or a traineeship
efficiency of public administration at national and
within a period of four months of becoming unemployed
regional level, as well as the ability of a public adminis
or of leaving formal education. The YEI may also support
tration to act in a participative manner, should be
actions to combat early school leaving. Access to welfare
improved. The institutional capacity of stakeholders,
benefits for the young person and his/her family or
including non-governmental organisations, delivering
dependants should not be conditional upon the young
employment, education, training and social policies,
person's participation in the YEI.
including in the field of anti-discrimination, should be
strengthened.
( 1 ) OJ C 120, 26.4.2013, p. 1.
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(12) The
YEI
should
be
fully
integrated
into
ESF
programming
(17) Efficient and effective implementation of actions
but, where appropriate, specific provisions related to YEI
supported by the ESF depends on good governance and
should be envisaged with a view to achieving its objec
partnership between all relevant territorial and socio-
tives. It is necessary to simplify and facilitate implemen
economic actors, taking into account the actors at
tation of the YEI, in particular with regard to financial
regional and local levels, in particular the umbrella
management provisions and thematic concentration
associations representing local and regional authorities,
arrangements. In order to ensure that the results of the
organised civil society, economic and, in particular,
YEI are clearly demonstrated and communicated, specific
social partners and non-governmental organisations.
monitoring and evaluation, as well as information and
Member States should therefore ensure the participation
publicity arrangements should be envisaged. Youth
of social partners and non-governmental organisations in
organisations should be involved in the monitoring
the strategic governance of the ESF, from shaping
committees' discussions on the preparation and imple
priorities for operational programmes to implementing
mentation, including evaluation, of the YEI.
and evaluating ESF results.
(13) The
ESF
should
contribute
to
the
Europe
2020
strategy,
(18) The
Member
States
and
the
Commission
should
ensure
ensuring a greater concentration of support on the
that the implementation of the priorities financed by the
priorities of the Union. A minimum share of cohesion
ESF contributes to the promotion of equality between
policy funding for the ESF is established in accordance
women and men in accordance with Article 8 TFEU.
with Article 92(4) of Regulation (EU) No 1303/2013.
Evaluations have shown the importance of taking the
The ESF should in particular increase its support for
gender equality objectives aspect into account in all
the fight against social exclusion and poverty, through
dimensions and in all stages of the preparation, moni
a minimum ring-fenced allocation of 20 % of the total
toring, implementation and evaluation of operational
ESF resources of each Member State. The choice and
programmes, in a timely and consistent manner while
number of investment priorities for ESF support should
ensuring that specific actions are taken to promote
also be limited, in accordance with the level of devel
gender equality, the economic independence of women,
opment of the supported regions.
education and skills upgrading and the reintegration of
female victims of violence into the labour market and
into society.
(14) In
order to ensure closer monitoring and improved
assessment of the results achieved at the Union level
by actions supported by the ESF, a common set of
output and result indicators should be established in
(19) In
accordance
with
Article
10
TFEU,
the
implementation
this Regulation. Such indicators should correspond to
of the priorities financed by the ESF should contribute to
the investment priority and type of action supported in
combating discrimination based on sex, racial or ethnic
accordance with this Regulation as well as the relevant
origin, religion or belief, disability, age or sexual orien
provisions of Regulation (EU) No 1303/2013. The indi
tation by paying particular attention to those facing
cators should be complemented where necessary by
multiple discrimination. Discrimination on the ground
programme-specific result and/or output indicators.
of sex should be interpreted in a broad sense so as to
cover other gender-related aspects in line with the case
law of the Court of Justice of the European Union. The
implementation of the priorities financed by the ESF
should also contribute to promoting equal opportunities.
(15) Member
States
are
encouraged
to
report
on
the
effect
of
The ESF should support the fulfilment of the Union's
ESF investments on equal opportunities, equal access and
obligation under the UN Convention on the Rights of
integration of marginalised groups in all operational
Persons with Disabilities with regard inter alia to
programmes.
education, work, employment and accessibility. The ESF
should also promote the transition from institutional to
community-based care. The ESF should not support any
action that contributes to segregation or to social
exclusion.
(16) Taking
into
account
data
protection
requirements
linked
to collecting and storing sensitive data on participants,
the Member States and the Commission should regularly
evaluate the effectiveness, efficiency and impact of ESF
support in promoting social inclusion and combating
(20) Support
for social
innovation contributes
to making
poverty, in particular with regard to disadvantaged
policies more responsive to social change. The ESF
people such as the Roma. Member States are encouraged
should encourage and support innovative social enter
to report on ESF-funded initiatives in the national social
prises and entrepreneurs as well as innovative projects
reports annexed to their national reform programmes, in
taken on by non-governmental organisations and other
particular as regards marginalised communities, such as
actors within the social economy. In particular, testing
the Roma and migrants.
and evaluating innovative solutions before scaling them
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Union L
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up is instrumental in improving the efficiency of policies
(28) The Member States and the regions should be
and thus justifies specific support from the ESF. Inno
encouraged to leverage the ESF through financial
vative solutions could include, provided they prove to
instruments in order to support, for example, students,
be effective, the development of social metrics such as,
job creation, the mobility of workers, social inclusion and
for example, social labelling.
social entrepreneurship.
(21) Transnational cooperation has significant added value
(29) The ESF should complement other Union programmes
and should therefore be supported by all Member
and close synergies should be developed between the ESF
States with the exception of duly justified cases taking
and other Union financial instruments.
account of the principle of proportionality. It is also
necessary to reinforce the Commission's role in facili
tating exchanges of experience and coordinating imple
mentation of relevant initiatives.
(30) Investment
in
human
capital
is
the
main
force
on
which
the Union can rely to ensure its international competi
tiveness and the sustainable recovery of its economy. No
type of investment can produce structural reforms unless
(22) With
a view
to fostering an integrated
and holistic
it is accompanied by a coherent, growth-oriented human
approach in terms of employment and social inclusion,
capital development strategy. It is therefore necessary to
the ESF should support cross-sectoral and territorial-
ensure that in the 2014-2020 programming period the
based partnerships.
resources intended to improve skills and raise
employment levels allow action to be taken on an
adequate scale.
(23) The mobilisation of regional and local stakeholders
should help to deliver the Europe 2020 strategy and its
headline targets. Territorial pacts, local initiatives for
employment and social inclusion, sustainable and
(31) The
power
to
adopt
acts
in
accordance
with
Article
290
inclusive community-led local development strategies in
TFEU should be delegated to the Commission for estab
urban and rural areas and sustainable urban development
lishing the definition of standard scales of unit costs and
strategies may be used and supported to involve more
lump sums and their maximum amounts according to
actively regional and local authorities, cities, social
different types of operations. It is of particular
partners and non-governmental organisations throughout
importance that the Commission carries out appropriate
the preparation and implementation of operational
consultations during its preparatory work, including at
programmes.
expert level. The Commission, when preparing and
drawing up delegated acts, should ensure the simulta
neous, timely and appropriate transmission of relevant
documents to the European Parliament and to the
(24) Regulation
(EU)
No
1303/2013
provides
that
rules
on
Council.
eligibility of expenditure are to be established at the
national level, with certain exceptions for which it is
necessary to lay down specific provisions with regard
to the ESF.
(32) The
Commission
should
be
assisted
in
the
administration
of the ESF by the Committee provided for in Article 163
TFEU.
(25) With a view to simplifying the use of the ESF and
reducing the risk of error, and with regard to the specifi
cities of the operations supported by the ESF, it is appro
(33) Since this Regulation replaces Regulation (EC)
priate to lay down provisions which complement Regu
No 1081/2006 of the European Parliament and of the
lation (EU) No 1303/2013 as regards eligibility of expen
Council ( 1 ), that Regulation should be repealed. Never
diture.
theless, this Regulation should not affect either the
continuation or modification of assistance approved by
the Commission on the basis of Regulation (EC)
No 1081/2006 or any other legislation applying to that
(26) The
use
of
standard
scales
of
unit
costs,
lump
sums
and
assistance on 31 December 2013. That Regulation or
flat-rate financing should lead to simplification for the
such other applicable legislation should consequently
beneficiary and should lower the administrative burden
continue to apply after 31 December 2013 to that
for all ESF project partners.
assistance or the operations concerned until their
closure. Applications to receive assistance made or
approved under Regulation (EC) No 1081/2006 should
remain valid,
(27) It is important to ensure the sound financial management
of each operational programme and its implementation
in the most effective and user-friendly manner possible.
( 1 ) Regulation (EC) No 1081/2006 of the European Parliament and of
the Council of 5 July 2006 on the European Social Fund and
Member States should refrain from adding rules that
repealing Regulation (EC) No 1784/1999 (OJ L 210, 31.7.2006,
complicate the use of funds for the beneficiary.
p. 12).
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HAVE ADOPTED THIS REGULATION:
(EU) No 1303/2013, which correspond to points (a), (b), (c) and
(d) of this paragraph, and in accordance with its missions, the
ESF shall support the following investment priorities:
CHAPTER I
GENERAL PROVISIONS
(a) For the thematic objective 'promoting sustainable and
Article 1
quality employment and supporting labour mobility':
Subject matter
This Regulation establishes the missions of the European Social
Fund (ESF), including the Youth Employment Initiative (YEI), the
(i) Access to employment for job-seekers and inactive
scope of its support, specific provisions and the types of expen
people, including the long-term unemployed and
diture eligible for assistance.
people far from the labour market, also through local
employment initiatives and support for labour
mobility;
Article 2
Missions
(ii) Sustainable integration into the labour market of
1. The ESF shall promote high levels of employment and job
young people, in particular those not in employment,
quality, improve access to the labour market, support the
education or training, including young people at risk of
geographical and occupational mobility of workers and facilitate
social exclusion and young people from marginalised
their adaptation to industrial change and to changes in
communities, including through the implementation of
production systems needed for sustainable developments,
the Youth Guarantee;
encourage a high level of education and training for all and
support the transition between education and employment for
young people, combat poverty, enhance social inclusion, and
promote gender equality, non-discrimination and equal oppor
(iii) Self-employment, entrepreneurship and business
tunities, thereby contributing to the priorities of the Union as
creation including innovative micro, small and
regards strengthening economic, social and territorial cohesion.
medium sized enterprises;
2. The
ESF
shall
fulfil
the
missions
set
out
in
paragraph
1
by
(iv) Equality between men and women in all areas,
supporting Member States in pursuing the priorities and
including in access to employment, career progression,
headline targets of the Union strategy for smart, sustainable
reconciliation of work and private life and promotion
and inclusive growth (the 'Europe 2020 strategy') and by
of equal pay for equal work;
allowing Member States to address their specific challenges
with regard to achieving the Europe 2020 strategy objectives.
The ESF shall support the design and implementation of policies
and actions in connection with its missions, taking account of
(v) Adaptation of workers, enterprises and entrepreneurs
the relevant Integrated Guidelines and relevant country-specific
to change;
recommendations adopted in accordance with Article 121(2)
and Article 148(4) TFEU and, where appropriate, at national
level, the national reform programmes as well as other
relevant national strategies and reports.
(vi) Active and healthy ageing;
3. The
ESF
shall
benefit
people,
including
disadvantaged
people such as the long-term unemployed, people with disabil
(vii) Modernisation of labour market institutions, such as
ities, migrants, ethnic minorities, marginalised communities and
public and private employment services, and
people of all ages facing poverty and social exclusion. The ESF
improving the matching of labour market needs,
shall also provide support to workers, enterprises, including
including through actions that enhance transnational
actors in the social economy, and entrepreneurs, as well as to
labour mobility as well as through mobility schemes
systems and structures with a view to facilitating their adap
and better cooperation between institutions and
tation to new challenges including reducing skill mismatches
relevant stakeholders;
and promoting good governance, social progress, and the
implementation of reforms, in particular in the fields of
employment, education, training and social policies.
(b) For the thematic objective 'promoting social inclusion,
combating poverty and any discrimination':
Article 3
Scope of support
(i) Active inclusion, including with a view to promoting
1. Under
the
thematic
objectives
set
out
in
points
(8),
(9),
equal opportunities and active participation, and
(10) and (11) of the first paragraph of Article 9 of Regulation
improving employability;
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(ii) Socio-economic integration of marginalised commu
(i) Investment in institutional capacity and in the efficiency
nities such as the Roma;
of public administrations and public services at the
national, regional and local levels with a view to
reforms, better regulation and good governance;
(iii) Combating all forms of discrimination and promoting
equal opportunities;
This investment priority is applicable only in Member
States eligible for support from the Cohesion Fund, or in
(iv) Enhancing access to affordable, sustainable and high-
Member States that have one or more NUTS level 2
quality services, including health care and social
regions referred to in Article 90(2)(a) of Regulation
services of general interest;
(EU) No 1303/2013.
(v) Promoting social entrepreneurship and vocational inte
gration in social enterprises and the social and solidarity
(ii) Capacity building for all stakeholders delivering
economy in order to facilitate access to employment;
education, lifelong learning, training and employment
and social policies, including through sectoral and terri
torial pacts to mobilise for reform at the national,
regional and local levels.
(vi) Community-led local development strategies;
(c) For the thematic objective 'investing in education, training
2. Through
the
investment
priorities
listed
in
paragraph
1,
and vocational training for skills and life-long learning':
the ESF shall also contribute to the other thematic objectives
listed in the first paragraph of Article 9 of Regulation (EU)
No 1303/2013, primarily by:
(i) Reducing and preventing early school-leaving and
promoting equal access to good quality early-childhood,
primary and secondary education including formal,
non-formal and informal learning pathways for reinte
(a) Supporting the shift towards a low-carbon, climate-resilient,
grating into education and training;
resource-efficient and environmentally sustainable economy,
through the improvement of education and training systems
necessary for the adaptation of skills and qualifications, the
up-skilling of the labour force, and the creation of new jobs
(ii) Improving the quality and efficiency of, and access to,
in sectors related to the environment and energy;
tertiary and equivalent education with a view to
increasing participation and attainment levels, especially
for disadvantaged groups;
(b) Enhancing the accessibility of, and use and quality of,
information and communication technologies through the
(iii) Enhancing equal access to lifelong learning for all age
development of digital literacy and e-learning, and
groups in formal, non-formal and informal settings,
investment in e-inclusion, e-skills and related entrepreneurial
upgrading the knowledge, skills and competences of
skills;
the workforce, and promoting flexible learning
pathways including through career guidance and vali
dation of acquired competences;
(c) Strengthening research, technological development and
innovation through the development of post-graduate
(iv) Improving the labour market relevance of education
studies and entrepreneurial skills, the training of researchers,
and training systems, facilitating the transition from
networking activities and partnerships between higher
education to work, and strengthening vocational
education institutions, research and technological centres
education and training systems and their quality,
and enterprises;
including through mechanisms for skills anticipation,
adaptation of curricula and the establishment and devel
opment of work-based learning systems, including dual
learning systems and apprenticeship schemes;
(d) Enhancing the competitiveness and long-term sustainability
of small and medium-sized enterprises, through promoting
the adaptability of enterprises, managers and workers,
(d) For the thematic objective 'enhancing institutional capacity
increased investment in human capital, and support for
of public authorities and stakeholders and efficient public
bodies providing practice-oriented vocational education
administration':
and training.
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Article 4
For common and programme-specific output indicators,
baselines shall be set at zero. Where relevant to the nature of
Consistency and thematic concentration
the operations supported, cumulative quantified target values for
1. Member States shall ensure that the strategy and actions
those indicators shall be set for 2023. Output indicators shall
set out in their operational programmes are consistent with, and
be expressed in absolute numbers.
respond to, the challenges identified in their national reform
programmes, as well as, where relevant, in their other
national strategies that aim to fight unemployment, poverty
and social exclusion, and also in the relevant Council recom
For those common and programme-specific result indicators for
mendations adopted in accordance with Article 148(4) TFEU, in
which a cumulative quantified target value for 2023 has been
order to contribute to achieving the headline targets of the
set, baselines shall be fixed using the latest available data or
Europe 2020 strategy on employment, education and poverty
other relevant sources of information. Programme-specific
reduction.
result indicators and related targets may be expressed in quanti
tative or qualitative terms.
2. At
least
20
%
of
the
total
ESF
resources
in
each
Member 2. In
addition
to
paragraph
1,
result
indicators
set
out
in
State shall be allocated to the thematic objective "promoting
Annex II to this Regulation shall be used for all operations
social inclusion, combating poverty and any discrimination"
supported under the investment priority referred to in
set out in point (9) of the first paragraph of Article 9 of
Article 3(1)(a)(ii) for the implementation of the YEI. All indi
Regulation (EU) No 1303/2013.
cators set out in Annex II to this Regulation shall be linked with
a quantified cumulative target value for 2023 and a baseline.
3. Member States shall
pursue
thematic
concentration
according to the following modalities:
3. Together
with
annual
implementation
reports,
each
managing authority shall transmit electronically structured
data for each priority axis broken down by investment
(a) For more developed regions, Member States shall
priority. The data shall be submitted for the categories of inter
concentrate at least 80 % of the ESF allocation to each
vention referred to in Article 96(2)(b)(vi) of Regulation (EU)
operational programme on up to five of the investment
No 1303/2013and the output and result indicators. By way of
priorities set out in Article 3(1).
derogation from Article 50(2) of Regulation (EU)
No 1303/2013, data transmitted for output and result indi
cators shall relate to values for partially or fully implemented
operations.
(b) For transition regions, Member States shall concentrate at
least 70 % of the ESF allocation to each operational
programme on up to five of the investment priorities set
out in Article 3(1).
CHAPTER II
SPECIFIC PROVISIONS FOR PROGRAMMING AND
IMPLEMENTATION
(c) For less developed regions, Member States shall concentrate
at least 60 % of the ESF allocation to each operational
Article 6
programme on up to five of the investment priorities set
Involvement of partners
out in Article 3(1).
1. The
participation
of
the
partners
referred
to
in
Article
5
of
Regulation (EU) No 1303/2013 in the implementation of the
operational programmes may take the form of global grants as
4. The
priority
axes
referred
to
in
Article
11(1)
shall
be defined in Article 123(7) of Regulation (EU) No 1303/2013. In
excluded from the calculation of the percentages specified in
such cases, the operational programme shall identify the part of
paragraphs 2 and 3 of this Article.
the operational programme concerned by the global grant,
including an indicative financial allocation from each priority
axis to it.
Article 5
Indicators
2. To
encourage
adequate
participation
of
the
social
partners
1. Common
output
and
result
indicators,
as
set
out
in
Annex in actions supported by the ESF, the managing authorities of an
I to this Regulation, and, where relevant, programme-specific
operational programme in a region defined in Article 90(2)(a)
indicators shall be used in accordance with Article 27(4) and
or (b) of Regulation (EU) No 1303/2013 or in a Member State
Article 96(2)(b)(ii) and (iv) of Regulation (EU) No 1303/2013.
eligible for support from the Cohesion Fund shall ensure that,
All common output and result indicators shall be reported for
according to the needs, an appropriate amount of ESF resources
all investment priorities. The result indicators set out in Annex
is allocated to capacity building activities, in the form of
II to this Regulation shall be reported in accordance with
training, networking measures, and strengthening of the social
paragraph 2 of this Article. Where applicable, data shall be
dialogue, and to activities jointly undertaken by the social
broken down by gender.
partners.
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3. To encourage the adequate participation of, and access by,
2. Member
States
shall
identify,
either
in
their
operational
non-governmental organisations in and to actions supported by
programmes or at a later stage during implementation, fields
the ESF, in particular in the fields of social inclusion, gender
for social innovation that correspond to the Member States'
equality and equal opportunities, the managing authorities of an
specific needs.
operational programme in a region defined in Article 90(2)(a)
or (b) of Regulation (EU) No 1303/2013 or in a Member State
eligible for support from the Cohesion Fund shall ensure that an
appropriate amount of ESF resources is allocated to capacity
3. The
Commission
shall
facilitate
capacity
building
for
social
building for non-governmental organisations.
innovation, in particular through supporting mutual learning,
establishing networks, and disseminating and promoting good
practices and methodologies.
Article 7
Promotion of equality between men and women
Article 10
The Member States and the Commission shall promote equality
Transnational cooperation
between men and women through mainstreaming as referred to
1. Member
States
shall
support
transnational
cooperation
in Article 7 of Regulation (EU) No 1303/2013 throughout the
with the aim of promoting mutual learning, thereby increasing
preparation, implementation, monitoring and evaluation of the
the effectiveness of policies supported by the ESF. Transnational
operational programmes. Through the ESF, the Member States
cooperation shall involve partners from at least two Member
and the Commission shall also support specific targeted actions
States.
within any of the investment priorities referred to in Article 3,
and in particular Article 3(1)(a)(iv) of this Regulation, with the
aim of increasing the sustainable participation and progress of
women in employment, thus combating the feminisation of
2. By way of derogation from paragraph 1, Member States
poverty, reducing gender-based segregation, combating gender
with a single operational programme supported by the ESF or a
stereotypes in the labour market and in education and training,
single multi-fund operational programme may exceptionally
and promoting the reconciliation of work and personal life for
choose not to support transnational cooperation actions, in
all as well as the equal sharing of care responsibilities between
duly justified cases and taking account of the principle of
men and women.
proportionality.
Article 8
3. Member
States,
in
partnership
with
the
relevant
partners,
may select themes for transnational cooperation from a list of
Promotion of equal opportunities and non-discrimination
common themes proposed by the Commission and endorsed by
The Member States and the Commission shall promote equal
the Committee referred to in Article 25 or select any other
opportunities for all, without discrimination based on sex, racial
themes corresponding to their specific needs.
or ethnic origin, religion or belief, disability, age or sexual
orientation through mainstreaming the principle of non-
discrimination, as referred to in Article 7 of Regulation (EU)
No 1303/2013. Through the ESF, the Member States and the
4. The
Commission
shall
facilitate
transnational
cooperation
Commission shall also support specific actions within any of
on the common themes of the list referred to in paragraph 3
the investment priorities referred to in Article 3, and in
and, where appropriate, other themes selected by Member
particular Article 3(1)(b)(iii) of this Regulation. Such actions
States, through mutual learning and coordinated or joint
shall aim to combat all forms of discrimination as well as to
action. In particular, the Commission shall operate an EU-
improve accessibility for persons with disabilities, with a view to
level platform to facilitate the setting up of transnational part
improving integration into employment, education and training,
nerships, the exchange of experiences, capacity building and
thereby enhancing social inclusion, reducing inequalities in
networking, and the capitalisation on and the dissemination
terms of educational attainment and health status, and facili
of the relevant outcomes. In addition, the Commission shall
tating the transition from institutional to community-based
develop a coordinated implementation framework, including
care, in particular for those who face multiple discrimination.
common eligibility criteria, types and timing of actions, and
common methodological approaches for monitoring and evalu
ation, with a view to facilitating transnational cooperation.
Article 9
Article 11
Social innovation
Fund-specific provisions for operational programmes
1. The
ESF
shall
promote
social
innovation
within
all
areas
falling under its scope, as defined in Article 3 of this Regulation,
1. By
way
of
derogation
from
Article
96(1)
of
Regulation
in particular with the aim of testing, evaluating and scaling up
(EU) No 1303/2013, operational programmes may set out
innovative solutions, including at the local or regional level, in
priority axes for the implementation of social innovation and
order to address social needs in partnership with the relevant
transnational cooperation as referred to in Articles 9 and 10 of
partners and, in particular, social partners.
this Regulation.
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2. By
way
of
derogation
from
Article
120(3)
of
Regulation 2. The
ESF
may
provide
support
for
expenditure
incurred
for
(EU) No 1303/2013, the maximum co-financing rate for a
operations which take place outside the programme area, but
priority axis shall be increased by ten percentage points, but
within the Union, provided that the following two conditions
shall not exceed 100 % where the whole of a priority axis is
are satisfied:
dedicated to social innovation or to transnational cooperation,
or a combination of both.
(a) the operation is for the benefit of the programme area;
3. In
addition
to
the
provision
made
in
Article
96(3)
of
Regulation (EU) No 1303/2013, operational programmes shall
(b) the obligations of the authorities for the operational
also set out the contribution of planned ESF-supported actions
programme in relation to management, control and audit
to:
concerning the operation are fulfilled by the authorities
responsible for the operational programme under which
that operation is supported or they enter into agreements
(a) the thematic objectives listed under points (1) to (7) of the
with authorities in the Member State in which the operation
first paragraph of Article 9 of Regulation (EU)
is implemented provided that in that Member State the
No 1303/2013 by priority axis, as appropriate;
obligations in relation to management, control and audit
concerning the operation are met.
(b) social innovation and transnational cooperation, as referred
to in Articles 9 and 10 of this Regulation, where they are
3. Up to a limit of 3 % of the budget of an ESF operational
not covered by a dedicated priority axis.
programme or the ESF part of a multi-fund operational
programme, expenditure incurred outside the Union shall be
eligible for a contribution from the ESF provided that it
concerns the thematic objectives under Article 3(1)(a) or
Article 12
Article 3(1)(c) and provided that the relevant monitoring
Specific provisions on the treatment of particular
committee has given its agreement to the operation or types
territorial features
of operations concerned.
1. The ESF may support community-led local development
strategies in urban and rural areas, as referred to in Articles 32,
4. In
addition
to
the
expenditure
referred
to
in
Article
69(3)
33 and 34 of Regulation (EU) No 1303/2013, territorial pacts
of Regulation (EU) No 1303/2013, the purchase of infra
and local initiatives for employment, including youth
structure, land and real estate shall also not be eligible for a
employment, education and social inclusion, as well as Inte
contribution from the ESF.
grated territorial investments (ITI) as referred to in Article 36
of Regulation (EU) No 1303/2013.
5. Contributions
in
kind
in
the
form
of
allowances
or
salaries
disbursed by a third party for the benefit of the participants in
2. As a complement to ERDF interventions as referred to in
an operation may be eligible for a contribution from the ESF
Article 7 of Regulation (EU) No 1301/2013 of the European
provided that the contributions in kind are incurred in
Parliament and of the Council ( 1 ), the ESF may support
accordance with national rules, including accountancy rules,
sustainable urban development through strategies setting out
and do not exceed the cost borne by the third party.
integrated actions to tackle the economic, environmental and
social challenges affecting the urban areas identified by the
Member States on the basis of the principles laid down in
their respective Partnership Agreements.
Article 14
Simplified cost options
1. In addition to the options referred to in Article 67 of
CHAPTER III
Regulation (EU) No
1303/2013, the Commission may
SPECIFIC PROVISIONS FOR FINANCIAL MANAGEMENT
reimburse expenditure paid by Member States on the basis of
standard scales of unit costs and lump sums defined by the
Commission. The amounts calculated on this basis shall be
Article 13
regarded as public support paid to beneficiaries and as eligible
Eligibility of expenditure
expenditure for the purpose of applying Regulation (EU)
No 1303/2013.
1. The
ESF
shall
provide
support
for
eligible
expenditure
which, as referred to in Article 120(2)(b) of Regulation (EU)
No 1303/2013, may include any financial resources collectively
contributed by employers and workers.
For the purpose of the first subparagraph, the Commission shall
be empowered to adopt delegated acts in accordance with
Article 24 concerning the type of operations covered, the defi
( 1 ) Regulation (EU) No 1301/2013 of the European Parliament and of
nitions of the standard scales of unit costs and lump sums and
the Council of 17 December 2013 on the European Regional Devel
their maximum amounts, which may be adjusted according to
opment Fund and the Investment for growth and jobs goal and
repealing Regulation (EC) No 1080/2006 (See page 289 of this
the applicable commonly agreed methods, taking due account
Official Journal).
of experience gained during the previous programming period.
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Financial audit shall exclusively aim at verifying that the
target all young persons under the age of 25 not in
conditions for reimbursement by the Commission on the
employment, education or training, residing in eligible
basis of standard scales of unit costs and lump sums have
regions, who are inactive or unemployed including the long-
been fulfilled.
term unemployed, and whether or not registered as seeking
work. On a voluntary basis, Member States may decide to
extend the target group to include young persons under the
Where funding on the basis of standard scales of unit costs and
age of 30.
lump sums, in accordance with the first subparagraph, is used,
the Member State may apply its accounting practices to support
operations. For the purpose of this Regulation and Regulation
For the purpose of the YEI for 2014-2015, "eligible regions" are
(EU) No 1303/2013, such accounting practices and the resulting
those NUTS level 2 regions that have youth unemployment
amounts shall not be subject to audit by the audit authority or
rates for young persons aged 15 to 24 of more than 25 % in
by the Commission.
2012 and, for Member States where the youth unemployment
rate has increased by more than 30 % in 2012, NUTS level 2
regions that have youth unemployment rates of more than
20 % in 2012.
2. In
accordance
with
Article
67(1)(d)
and
(5)(d)
of
Regu
lation (EU) No 1303/2013, a flat rate of up to 40 % of the
eligible direct staff costs may be used in order to cover the
The resources for the YEI may be revised upwards for the years
remaining eligible costs of an operation without a requirement
2016 to 2020 in the framework of the budgetary procedure in
for the Member State to execute any calculation to determine
accordance with Article 14 of Regulation (EU) 1311/2013. For
the applicable rate.
the determination of the regions eligible for the YEI for the
period 2016-2020, the reference to 2012 data in the second
subparagraph shall be construed as a reference to the latest
3. In
addition
to
the
methods
stipulated
in
Article
67(5)
of available annual data. The breakdown by Member State of the
Regulation (EU) No 1303/2013, where the public support for
additional resources shall follow the same steps as the initial
grants and repayable assistance does not exceed EUR 100 000,
allocation in accordance with Annex VIII of Regulation (EU)
the amounts referred to in Article 67(1)(b), (c) and (d) of Regu
No 1303/2013.
lation (EU) No 1303/2013 may be established on a case-by-case
basis by reference to a draft budget agreed ex ante by the
managing authority.
In agreement with the Commission, Member States may decide
to allocate a limited amount not exceeding 10 % of the funds
under the YEI to young persons residing in sub-regions which
experience high youth unemployment levels and which are
4. Without
prejudice
to
Article
67
(4)
of
Regulation
(EU)
outside the eligible NUTS level 2 regions.
No (1303/2013), grants and repayable assistance for which
the public support does not exceed EUR 50 000 shall take the
form of standard scales of unit costs or lump sums in
Article 17
accordance with paragraph 1 of this Article or with Article 67
of Regulation (EU) No (1303/2013) or flat rates in accordance
Thematic concentration
with Article 67 of Regulation (EU) No (1303/2013), except
The specific allocation for YEI shall not be taken into account
for operations receiving support within the framework of a
for the purpose of calculating the thematic concentration
State aid scheme. Where flat-rate financing is used, the
referred to in Article 4.
categories of costs which are used to calculate the rate may
be reimbursed in accordance with Article 67(1)(a) of Regulation
(EU) No (1303/2013).
Article 18
Programming
Article 15
The YEI is integrated into the programming of the ESF under
Article 96 of Regulation (EU) No 1303/2013. Where appro
Financial instruments
priate, Member States shall set out the programming
Pursuant to Article 37 of Regulation (EU) No 1303/2013, the
arrangements for the YEI in their Partnership Agreements and
ESF may support actions and policies falling within its scope
in their operational programmes.
through financial instruments, including micro-credits and
guarantee funds.
The programming arrangements may take one or more of the
following forms:
CHAPTER IV
(a) a dedicated operational programme;
YOUTH EMPLOYMENT INITIATIVE
Article 16
(b) a dedicated priority axis within an operational programme;
Youth Employment Initiative
(c) a part of one or more priority axes.
The YEI shall support the fight against youth unemployment in
eligible regions of the Union through providing support to
actions under Article 3(1)(a)(ii) of this Regulation. It shall
Article 9 and 10 of this Regulation shall also apply to the YEI.
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Article 19
Article 20
Monitoring and evaluation
Information and communication measures
1. In addition to the functions of the monitoring committee
1. The beneficiaries shall ensure that those taking part in an
set out in Article 110 of Regulation (EU) No 1303/2013, at
operation are specifically informed of the YEI support provided
least once per year, the monitoring committee shall examine
through the ESF funding and the specific YEI allocation.
the implementation of the YEI in the context of the operational
programme and the progress made towards achieving its objec
tives.
2. Any document relating to the implementation of an
operation and issued for the public or for participants,
including an attendance or other certificate, shall include a
2. The
annual
implementation
reports
and
the
final
report
as statement to the effect that the operation was supported
referred to in Article 50(1) and (2) of Regulation (EU)
under the YEI.
No 1303/2013 shall include additional information on the
implementation of the YEI. The Commission shall transmit to
Article 21
the European Parliament a summary of those reports as referred
to in Article 53(1) of Regulation (EU) No 1303/2013.
Technical assistance
The specific allocation for YEI may be taken into account by the
Member States in the calculation of the limit on the total
The Commission shall attend the European Parliament's annual
amount of funds allocated to technical assistance for each
debate on those reports.
Member State.
3. As from April 2015 and for subsequent years, and at the
Article 22
same time as the annual implementation reports referred to in
Financial support
Article 50(1) and (2) of Regulation (EU) No 1303/2013, the
managing authority shall transmit electronically to the
1. The Commission decision adopting an operational
Commission structured data for each priority axis or any part
programme shall fix the maximum amount of support from
thereof supporting the YEI. Indicator data transmitted shall
the specific allocation for YEI and the corresponding ESF
relate to values for the indicators set out in Annexes I and II
support, as a global amount and also by category of regions,
to this Regulation and, where applicable, to programme specific
for each priority axis. The corresponding ESF support shall at
indicators. They shall relate to partially or fully implemented
least match the support from the specific allocation for YEI for
operations.
each priority axis.
4. The annual implementation reports referred to in
2. On
the
basis
of
the
amounts
referred
to
in
paragraph
1,
Article 50(4) of Regulation (EU) No 1303/2013 or, where appli
the Commission decision referred to in paragraph 1 shall also
cable, the progress report referred to in Article 111(4) of Regu
fix the ratio between the categories of regions for the ESF
lation (EU) No 1303/2013. and the annual implementation
support for each priority axis.
report submitted by 31 May 2016, shall present the main
findings of evaluations referred to in paragraph 6 of this
3. Where
the
YEI
is
implemented
by
a
specific
priority
axis
Article. The reports shall also set out and assess the quality of
covering eligible regions from more than one category, the
employment offers received by YEI participants, including
highest co-financing rate shall apply with regard to the ESF
disadvantaged persons, those from marginalised communities
allocation.
and those leaving education without qualifications. The
reports shall also set out and assess their progress in continuing
education, finding sustainable and decent jobs, or moving into
The specific allocation for YEI shall not be subject to the
apprenticeships or quality traineeships.
national co-financing requirement.
The overall co-financing rate of the priority axis fixed by the
5. The
progress
reports
referred
to
in
Article
52
of
Regu
Commission decision referred to in paragraph 1 shall be
lation (EU) No 1303/2013 shall include additional information
calculated taking into account the co-financing rate of the ESF
on, and assess the implementation of, the YEI. The Commission
allocation together with the special allocation for the YEI.
shall transmit to the European Parliament a summary of these
reports as referred to in Article 53(2) of that Regulation and
shall attend the European Parliament's debate on those reports.
Article 23
Financial management
6. At
least
twice
during
the
programming
period,
an
In addition to Article 130 of Regulation (EU) No 1303/2013,
evaluation shall assess the effectiveness, efficiency and impact
when the Commission reimburses interim payments and pays
of joint support from the ESF and the specific allocation for YEI
the final balance for the YEI by priority axis, it shall allocate the
including for the implementation of the Youth Guarantee.
reimbursement from the budget of the Union equally between
the ESF and the specific allocation for YEI. Once all resources
from the specific allocation for YEI have been reimbursed, the
The first evaluation shall be completed by 31 December 2015
Commission shall allocate the remaining reimbursements from
and the second evaluation by 31 December 2018.
the budget of the Union to the ESF.
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The Commission shall allocate the reimbursement from the ESF
4. The ESF Committee shall include one representative from
between categories of regions according to the ratio laid down
each of the organisations representing workers' organisations
in Article 22 (2).
and employers' organisations at Union level.
CHAPTER V
5. The
ESF
Committee
may
invite
non-voting
representatives
DELEGATIONS OF POWER AND FINAL PROVISIONS
of the European Investment Bank and the European Investment
Fund as well as non-voting representatives of the relevant civil
society organizations to its meetings, if the agenda of the
Article 24
meeting requires their participation.
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.
6. The ESF Committee shall:
2. The power to adopt delegated acts referred to in
(a) be consulted on draft Commission decisions relating to
Article 14(1) shall be conferred on the Commission
operational programmes and programming in the case of
from21 December 2013 until 31 December 2020.
support from the ESF;
3. The
delegation
of
power
referred
to
in
Article
14(1)
may (b) be consulted on the planned use of technical assistance in
be revoked at any time by the European Parliament or by the
the case of support from the ESF, as well as on other issues
Council. A decision to revoke shall put an end to the delegation
having an impact on the implementation of strategies at
of the power specified in that decision. It shall take effect the
Union level relevant to the ESF;
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
(c) endorse the list of common themes for transnational
already in force.
cooperation provided for in Article 10(3).
4. As
soon
as
it
adopts
a
delegated
act,
the
Commission
shall
notify it simultaneously to the European Parliament and to the
7. The ESF Committee may deliver opinions on:
Council.
(a) questions related to the ESF contribution to the implemen
5. A
delegated
act
adopted
pursuant
to
Article
14(1)
shall
tation of the Europe 2020 strategy;
enter into force only if no objection has been expressed either
by the European Parliament or by the Council within a period
of two months of notification of that act to the European
(b) issues concerning Regulation (EU) No 1303/2013 relevant
Parliament and the Council, or if, before the expiry of that
for the ESF;
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.
(c) questions related to the ESF referred to it by the
Commission other than those referred to in paragraph 6.
Article 25
8. The
opinions
of
the
ESF
Committee
shall
be
adopted
by
Committee under Article 163 TFEU
an absolute majority of the votes validly cast, and shall be
1. The
Commission
shall
be
assisted
by
a
Committee
(the
communicated to the European Parliament for information.
"ESF Committee") set up under Article 163 TFEU.
The Commission shall inform the ESF Committee of the
manner in which it has taken account of its opinions.
2. The
member
of
the
Commission
responsible
for
chairing
the ESF Committee may delegate that responsibility to a senior
Article 26
Commission official. The Secretariat of the ESF Committee shall
Transitional provisions
be provided by the Commission.
1. This
Regulation
shall
not
affect
either
the
continuation
or
modification, including the total or partial cancellation, of
3. Each
Member
State
shall
appoint
one
government
repre
assistance approved by the Commission on the basis of Regu
sentative, one representative of the workers' organisations, one
lation (EC) No 1081/2006 or any other legislation applying to
representative of the employers' organisations and one alternate
that assistance on 31 December 2013. That Regulation or such
for each member for a maximum period of seven years. In the
other applicable legislation shall consequently continue to apply
absence of a member, the alternate shall be automatically
after 31 December 2013 to that assistance or the operations
entitled to take part in the proceedings.
concerned until their closure.
L 347/482
EN
Official Journal of the European Union
20.12.2013
2. Applications
to
receive
assistance
made
or
approved
under
Article 28
Regulation (EC) No 1081/2006 before 1 January 2014 shall
remain valid.
Review
The European Parliament and the Council shall review this
Article 27
Regulation by 31 December 2020 in accordance with
Article 164 TFEU.
Repeal
Without prejudice to the provisions laid down in Article 26 of
this Regulation, Regulation (EC) No 1081/2006 is hereby
repealed with effect from 1 January 2014.
Article 29
Entry in force
References to the repealed Regulation shall be construed as
references to this Regulation and shall be read in accordance
This Regulation shall enter into force on the day following that
with the correlation table set out in Annex III.
of its publication in the Official Journal of the European Union.
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
R. ADIUS
EN
20.12.2013 Official
Journal
of
the
European
Union L
347/483
ANNEX I
Common output and result indicators for ESF investments
(1) Common output indicators for participants
"Participants" ( 1 ) refers to persons benefiting directly from an ESF intervention who can be identified and asked for
their characteristics, and for whom specific expenditure is earmarked. Other persons shall not be classified as
participants. All data shall be broken down by gender.
The common output indicators for participants are:
— unemployed, including long-term unemployed*,
— long-term unemployed*,
— inactive*,
— inactive, not in education or training*,
— employed, including self-employed*,
— below 25 years of age*,
— above 54 years of age*,
— above 54 years of age who are unemployed, including long-term unemployed, or inactive not in education or
training*,
— with primary (ISCED 1) or lower secondary education (ISCED 2)*,
— with upper secondary (ISCED 3) or post-secondary education (ISCED 4)*,
— with tertiary education (ISCED 5 to 8)*,
— participants who live in jobless households*,
— participants who live in jobless households with dependent children*,
— participants who live in a single adult household with dependent children*,
— migrants, participants with a foreign background, minorities (including marginalised communities such as the
Roma)**,
— participants with disabilities**,
— other disadvantaged**.
The total number of participants will be calculated automatically on the basis of the output indicators.
These data on participants entering an ESF supported operation shall be provided in the annual implementation
reports as specified in Article 50(1) and (2) and Article 111(1) of Regulation (EU) No 1303/2013.
— homeless or affected by housing exclusion*,
— from rural areas* ( 2 ).
( 1 ) Managing authorities shall establish a system that records and stores individual participant data in computerised form as set out in
Article 125 (2) (d) of Regulation (EU) No 1303/2013. The data processing arrangements put in place by the Member States shall be in
line with the provisions of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of
individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31), in
particular Articles 7 and 8 thereof.
Data reported under the indicators marked with * are personal data according to Article 7 of Directive 95/46/EC. Their processing is
necessary for compliance with the legal obligation to which the controller is subject (Article 7(c) of Directive 95/46/EC). For the
definition of controller, see Article 2 of Directive 95/46/EC.
Data reported under the indicators marked with ** are a special category of data according to Article 8 of Directive 95/46/EC. Subject
to the provision of suitable safeguards, Member States may, for reasons of substantial public interest, lay down exemptions in addition
to those laid down in Article 8(2) of Directive 95/46/EC, either by national law or by decision of the supervisory authority (Article 8(4)
of Directive 95/46/EC).
( 2 ) The data shall be collected at the level of smaller administrative units (local administrative units 2), in accordance with Regulation (EC)
No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of
territorial units for statistics (NUTS) (OJ L 154, 21.6.2003, p. 1).
L 347/484
EN
Official Journal of the European Union
20.12.2013
The data on participants under the two above indicators will be provided in the annual implementation reports as
specified in Article 50(4) of Regulation (EU) No 1303/2013. The data shall be collected based on a representative
sample of participants within each investment priority. Internal validity of the sample shall be ensured in such a way
that the data can be generalised at the level of investment priority.
(2) Common output indicators for entities are:
— number of projects fully or partially implemented by social partners or non-governmental organisations,
— number of projects dedicated at sustainable participation and progress of women in employment,
— number of projects targeting public administrations or public services at national, regional or local level,
— number of supported micro, small and medium-sized enterprises (including cooperative enterprises, enterprises of
the social economy).
These data shall be provided in the annual implementation reports as specified in Article 50(1) and (2) and
Article 111(1) of Regulation (EU) No 1303/2013.
(3) Common immediate result indicators for participants are:
— inactive participants engaged in job searching upon leaving*,
— participants in education/training upon leaving*,
— participants gaining a qualification upon leaving*,
— participants in employment, including self-employment, upon leaving*,
— disadvantaged participants engaged in job searching, education/ training, gaining a qualification, in employment,
including self-employment, upon leaving**.
These data shall be provided in the annual implementation reports as specified in Article 50(1) and (2) and
Article 111(1) of Regulation (EU) No 1303/2013. All data shall be broken down by gender.
(4) Common longer-term result indicators for participants are:
— participants in employment, including self-employment, six months after leaving*,
— participants with an improved labour market situation six months after leaving*,
— participants above 54 years of age in employment, including self-employment, six months after leaving*,
— disadvantaged participants in employment, including self-employment, six months after leaving**.
These data shall be provided in the annual implementation reports as specified in Article 50(5) of Regulation (EU)
No 1303/2013. They shall be collected based on a representative sample of participants within each investment
priority. Internal validity of the sample shall be ensured in such a way that the data can be generalised at the level of
investment priority. All data shall be broken down by gender.
EN
20.12.2013 Official
Journal
of
the
European
Union L
347/485
ANNEX II
Result indicators for the YEI
These data shall be provided in the annual implementation reports as specified in Article 50(1) and (2) of Regulation (EU)
No 1303/2013 and in the report to be submitted in April 2015 as specified in Article 19(3) of this Regulation. All data
shall be broken down by gender.
(1) Common immediate result indicators for participants
"Participants" ( 1 ) refers to persons benefiting directly from a YEI intervention who can be identified and asked for their
characteristics, and for whom specific expenditure is earmarked.
The immediate result indicators are:
— Unemployed participants who complete the YEI supported intervention*,
— Unemployed participants who receive an offer of employment, continued education, apprenticeship or traineeship
upon leaving*,
— Unemployed participants who are in education/training, gain a qualification, or are in employment, including self-
employment, upon leaving*,
— Long-term unemployed participants who complete the YEI supported intervention*,
— Long-term unemployed participants who receive an offer of employment, continued education, apprenticeship or
traineeship upon leaving*,
— Long-term unemployed participants who are in education/training, gain a qualification, or are in employment,
including self-employment, upon leaving*,
— Inactive participants not in education or training who complete the YEI supported intervention*,
— Inactive participants not in education or training who receive an offer of employment, continued education,
apprenticeship or traineeship upon leaving*,
— Inactive participants not in education or training who are in education/training, gain a qualification, or are in
employment, including self-employment, upon leaving*.
(2) Common longer-term result indicators for participants
The longer-term result indicators are:
— Participants in continued education, training programmes leading to a qualification, an apprenticeship or a
traineeship six months after leaving*,
— Participants in employment six months after leaving*,
— Participants in self-employment six months after leaving*.
The data for longer-term result indicators shall be collected based on a representative sample of participants within
each investment priority. Internal validity of the sample shall be ensured in such a way that the data can be
generalised at the level of investment priority.
( 1 ) Managing authorities shall establish a system that records and stores individual participant data in computerised form as set out in
Article 125 (2) (d) of Regulation (EU) No 1303/2013 The data processing arrangements put in place by the Member States must be in
line with the provisions of Directive 95/46/EC, in particular Articles 7 and 8 thereof.
Data reported under the indicators marked with * are personal data according to Article 7 of Directive 95/46/EC. Their processing is
necessary for compliance with the legal obligation to which the controller is subject (Article 7(c) of Directive 95/46/EC). For the
definition of controller, see Article 2 of Directive 95/46/EC.
Data reported under the indicators marked with ** are a special category of data according to Article 8 of Directive 95/46/EC. Subject
to the provision of suitable safeguards, Member States may, for reasons of substantial public interest, lay down exemptions in addition
to those laid down in Article 8(2) of Directive 95/46/EC, either by national law or by decision of the supervisory authority (Article 8(4)
of Directive 95/46/EC).
L 347/486
EN
Official Journal of the European Union
20.12.2013
ANNEX III
Correlation table
European Parliament and Council Regulation (EC) No 1081/2006 This
Regulation
Article 1 Article
1
Article 2 Article
2
Article 3 Article
3
Article 4 Article
4
Article 5
Article 5 Article
6
Article 6 Article
7
Article 8
Article 7 Article
9
Article 8 Article
10
Article 9
—
Article 10
—
Article 11
Article 12
Article 11 Article
13
Article 14
Article 15
Articles 16 to 23
Article 24
Article 25
Article 12 Article
26
Article 13 Article
27
Article 14 Article
28
Article 15 Article
29
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