28.5.2014 EN Official Journal of the European Union L 159/32 DECISION No 573/2014/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 May 2014 on enhanced cooperation between Public Employment Services (PES) (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 149 thereof, Having regard to the proposal from the European Commission, After transmission of the draft legislative act to the national parliaments, Having regard to the opinion of the European Economic and Social Committee (1), Having regard to the opinion of the Committee of the Regions, Acting in accordance with the ordinary legislative procedure (2), Whereas: (1) In its conclusions of 17 June 2010, the European Council adopted the Europe 2020 Strategy for jobs and smart, sustainable and inclusive growth (‘Europe 2020’). The European Council called for the mobilisation of all Union instruments and policies to support the achievement of the common objectives and invited the Member States to take enhanced coordinated action. Public Employment Services (PES) play a central role in contributing to the achievement of the Europe 2020 employment rate headline target of 75 % for women and men aged between 20 and 64 by 2020, in particular by decreasing youth unemployment. (2) Article 45 of the Treaty on the Functioning of the European Union (‘Treaty’) lays down the freedom of movement for workers within the Union, while Article 46 thereof sets out the measures to bring about this freedom, in particular by ensuring close cooperation between the public employment services. A network of PES established under this Decision (‘the Network’) should, in addition to the general aspects of geographical mobility, cover a wide range of objectives and initiatives by way of incentive measures designed to improve cooperation between Member States in the field of employment. (3) This Decision should aim to encourage cooperation between Member States within the areas of PES responsibility. It formalises and strengthens the informal cooperation between the PES via the current European Network of Heads of PES, in which all Member States have agreed to participate. The full potential value of the Network resides in the continued participation of all Member States. That participation should be notified to the Secretariat of the Network. (4) In accordance with Article 148(4) of the Treaty, by Decision 2010/707/EU (3) the Council adopted guidelines for the employment policies of the Member States, which have been maintained for the years 2011-13. Those integrated guidelines provide guidance to the Member States on defining their national reform programmes and on implementing reforms. The integrated guidelines form the basis for country-specific recommendations that the Council addresses to the Member States under that Article. In recent years, those recommendations have included specific recommendations on the functioning and capacity of PES and on the effectiveness of active labour market policies in Member States. (5) The country-specific recommendations would benefit from being further supported by an enhanced evidence-based feedback on the success of policy implementation and cooperation between the PES of Member States. To this end, the Network should carry out concrete initiatives such as common evidence-based benchmarking systems, corresponding mutual learning activities, mutual assistance between the Network members and the implementation of strategic actions for the modernisation of PES. The specific knowledge of the Network and its individual members should also be used to provide, at the request of the European Parliament, the Council, the Commission or the Employment Committee (EMCO), evidence for the development of employment policies. (6) Greater and more focused cooperation between the PES should lead to an improved sharing of best practices. The Network should link findings based on benchmarking and mutual learning activities in a way that allows the development of a systematic, dynamic and integrated benchlearning process. (7) The Network should work in close cooperation with EMCO, pursuant to Article 150 of the Treaty, and should contribute to EMCO's work by providing factual evidence and reports on policies implemented by the PES. Contributions from the Network to the European Parliament should be channelled through the Secretariat, and those to the Council should be channelled through EMCO, without any modification and, where appropriate, together with comments. In particular, the combined knowledge of the Network on the delivery aspects of employment policies and the comparative analyses of PES could assist policy decision-makers, at both Union and national level, in assessing and designing employment policies. (8) The Network, within the areas of PES responsibility, should contribute to the implementation of policy initiatives in the field of employment such as the Council Recommendation of 22 April 2013 on establishing a Youth Guarantee (4). The Network should also support initiatives aimed at better skills matching, decent and sustainable work, enhanced voluntary labour mobility and facilitating the transition from education and training to work, including through support for the provision of guidance and the enhanced transparency of skills and qualifications. The activities of the Network should address the evaluation and assessment of active labour market policies, including those targeting vulnerable social groups and social exclusion. (9) The Network should reinforce cooperation between its members, develop joint initiatives aimed at exchanges of information and best practices in all areas covered by PES, comparative analyses and advice, as well as the promotion of innovative approaches to the delivery of employment services. By establishing the Network, an inclusive, evidence-based and performance-oriented comparison of all PES will be possible, leading to the identification of best practices in the areas of PES services. Those results should contribute to a better design and delivery of employment services within their specific responsibilities. The initiatives of the Network should improve the effectiveness of PES and allow for more efficient public spending. The Network should also cooperate with other providers of employment services. (10) In its annual work programme, the Network should define the technical details of the PES benchmarking and the related mutual learning exercise, in particular the benchlearning methodology, on the basis of the benchmarking indicators as set out in the Annex to this Decision to assess the performance of PES, the context variables, the data delivery requirements, and the learning instruments of the integrated mutual learning programme. The benchmarking areas should be defined in this Decision. Member States remain competent to decide whether to engage on a voluntary basis in additional benchlearning exercises in other areas. (11) The power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of amending the Annex on benchmarking indicators. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, in particular with PES experts. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. (12) Due to the variety of PES models, tasks and forms of service delivery, it is up to Member States to nominate, from the senior management of the PES, one member and one alternate member for the Board of the Network (‘the Board’). Where applicable, the member or the alternate member should represent, on the Board, other PES from his or her Member State. Where it is not possible, for constitutional reasons, for a Member State to nominate only one PES, the relevant PES should be identified, keeping their number to a minimum and without changing the rule that one Member State equals one vote on the Board. The members of the Board should make every effort to ensure that the opinions and experiences of local and regional authorities are incorporated into the Network's activities, and that such authorities are kept informed of those activities. The members of the Board should have the authority to take decisions on behalf of their PES. In order to ensure the involvement of all PES in the Network, activities should be open to the participation of PES from all levels. (13) In order to ensure that the common tasks of PES are closely matched to the actual situation on the labour market, the Network should have the most up-to-date unemployment figures at NUTS 3 level. (14) The Network should build on the experience of and replace the existing informal advisory group of the European Network of Heads of PES that the Commission has supported since 1997, the views of which have been taken into account in this Decision. The key areas for action identified by that advisory group in its paper entitled ‘PES Strategy 2020’ should contribute to the modernisation and the strengthening of PES. (15) The Network should provide mutual assistance to the benefit of its members and should help its members to support each other in the modernisation of organisational structures and service delivery by enhancing cooperation, in particular the transfer of knowledge, study visits and staff exchanges. (16) The Network and its initiatives should be funded through the PROGRESS/employment section of the European Union Programme for Employment and Social Innovation' (‘EaSI’) established by Regulation (EU) No 1296/2013 of the European Parliament and of the Council (5), within the appropriations set by the European Parliament and the Council. (17) For projects developed by the Network or identified in the mutual learning activities and then implemented in the individual PES, Member States should have access to funding from the European Social Fund (ESF), the Regional Development Fund (ERDF) and ‘Horizon 2020’, the Union's Framework Programme for Research and Innovation (2014-20) established by Regulation (EU) No 1291/2013 of the European Parliament and of the Council (6). (18) The Network should ensure that it complements and does not replace nor duplicate actions undertaken as part of the European Employment Strategy within the meaning of Title IX of the Treaty, in particular those of EMCO and its tools such as the Joint Assessment Framework (JAF), as well as the Mutual Learning Programme. Furthermore, in order for synergies to be made, the Commission should ensure that the Secretariat of the Network cooperates closely with that of EMCO. (19) This Decision respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union (‘the Charter’). In particular, this Decision seeks to ensure full respect for the right of access to free placement services and to promote the application of Article 29 of the Charter, HAVE ADOPTED THIS DECISION: Article 1 Establishment of the Network A Union-wide network of Public Employment Services (PES) is hereby established for the period from 17 June 2014 to 31 December 2020 (‘the Network’). The Network shall carry out the initiatives laid down in Article 4. The Network shall be composed of: (a) the PES as nominated by the Member States; (b) the Commission. EMCO shall have an observer status. Member States with subnational autonomous PES shall ensure their adequate representation in the specific initiatives of the Network. Article 2 Definition of benchlearning For the purposes of this Decision and the activities of the Network, ‘benchlearning’ means the process of creating a systematic and integrated link between benchmarking and mutual learning activities, that consists of identifying good performances through indicator-based benchmarking systems, including data collection, data validation, data consolidation and assessments, with appropriate methodology, and of using findings for tangible and evidence-informed mutual learning activities, including good or best practice models. Article 3 Objectives The aim of this Decision is to encourage cooperation between Member States through the Network in the field of employment, within the areas of PES responsibility, in order to contribute to ‘Europe 2020’ and to the implementation of relevant Union policies, thereby supporting: (a) the most vulnerable social groups with high unemployment rates, especially older workers and young persons not in employment, education or training (‘NEETs’); (b) decent and sustainable work; (c) the better functioning of the labour markets in the EU; (d) the identification of skills shortages and the provision of information on their extent and location, as well as the better matching of the skills of job-seekers with the needs of employers; (e) the better integration of labour markets; (f) increased voluntary geographical and occupational mobility on a fair basis to meet specific labour market needs; (g) the integration of persons excluded from the labour market as part of the combat against social exclusion; (h) the evaluation and assessment of active labour market initiatives and their effective and efficient implementation. Article 4 Initiatives of the Network 1. Within the areas of PES responsibility, the Network shall, in particular, carry out the following initiatives: (a) the development and implementation of Union-wide, evidence-based benchlearning among PES to compare, with appropriate methodology, the performance of their activities in the following areas: (i) contribution to reducing unemployment for all age groups and for vulnerable groups; (ii) contribution to reducing the duration of unemployment and reducing inactivity, so as to address long-term and structural unemployment, as well as social exclusion; (iii) filling of vacancies (including through voluntary labour mobility); (iv) customer satisfaction with PES services; (b) the provision of mutual assistance, either in the form of peer-to-peer or group activities, through cooperation, exchanges of information, experiences and staff between the members of the Network, including support for the implementation of PES-related country-specific recommendations issued by the Council upon request by the Member State or the PES concerned; (c) contribute to modernising and strengthening PES in key areas, in line with the employment and social objectives of Europe 2020; (d) prepare reports at the request of the European Parliament, the Council or the Commission, or on its own initiative; (e) contribute to the implementation of relevant policy initiatives; (f) adopt and implement its annual work programme setting out its working methods, deliverables and the details related to the implementation of benchlearning; (g) promote and share best practices on the identification of NEETs and on the development of initiatives to ensure those young people gain the skills necessary to enter and remain in the labour market. As regards the initiative laid down in point (a) of the first subparagraph, the benchmarking shall use the indicators set out in the Annex. The Network shall also participate actively in the implementation of these activities by sharing data, knowledge and practices. Member States shall remain competent to decide whether to engage on a voluntary basis in additional benchlearning exercises in areas other than those listed in points (i) to (iv) of point (a). 2. The Network shall establish a reporting mechanism in relation to the initiatives listed in paragraph 1. In application of that mechanism, the members of the Network shall report annually to the Board. Article 5 Cooperation The Network shall initiate cooperation with relevant labour market stakeholders including other providers of employment services, and, where appropriate, social partners, organisations representing unemployed persons or vulnerable groups, NGOs working in the field of employment, regional and local authorities, the European Lifelong Guidance Policy Network and private employment services, by involving them in relevant activities and meetings of the Network and by exchanging information and data with them. Article 6 Functioning of the Network 1. The Network shall be governed by a Board. Member States shall nominate onto the Board one member and one alternate member, from the senior management of their respective PES. The Commission shall also appoint one member and one alternate member of the Board. Alternate members of the Board shall replace their members whenever necessary. EMCO shall nominate, from its members and in accordance with its Rules of Procedure, one representative who will have observer status on the Board, with the exception of the restricted sessions of the Board. The Board shall be able to meet in restricted sessions, with the participation of one member per Member State and one member from the Commission, except for agenda points concerning the annual work programme. The Rules of Procedure of the Board shall provide further detailed rules on the holding of restricted sessions. 2. The Board shall appoint a Chair and two Vice-Chairs from among its members nominated by a Member State. The Chair shall represent the Network. A Vice-Chair shall replace the Chair whenever necessary. 3. The Board shall adopt its Rules of Procedure by unanimous decision. Those Rules of Procedure shall contain, inter alia, the decision-making arrangements of the Board, and the provisions on the appointment and terms of office of the Chair and Vice-Chairs of the Board. 4. The Board shall adopt by majority decision: (a) the annual work programme of the Network, including the setting up of working groups and the language arrangements of the meetings of the Network; (b) the technical framework for the delivery of the benchmarking and mutual learning activities, as part of the annual work programme of the Network, including the benchlearning methodology on the basis of the benchmarking indicators as set out in the Annex to this Decision to compare PES performance, the context variables, the data delivery requirements, and the learning instruments of the integrated mutual learning programme; (c) the annual report of the Network. That report shall be sent to the European Parliament and to the Council, and shall be published. 5. The Board shall be assisted by a Secretariat provided by and based within the Commission. The Secretariat, in cooperation with the Chair and Vice-Chairs, shall prepare the Board meetings, the annual work programme and the annual report of the Network. The Secretariat shall closely cooperate with the EMCO Secretariat. Article 7 Financial support for this incentive measure The global resources for the implementation of this Decision shall be established within the PROGRESS/employment section of EaSI, the annual appropriations of which shall be authorised by the European Parliament and by the Council within the limits of the financial framework. Article 8 Amendment of the Annex on benchmarking indicators The Commission shall be empowered to adopt delegated acts in accordance with Article 9 to amend the Annex laying down the benchmarking indicators. Article 9 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. 2. The delegation of power referred to in Article 8 shall be conferred on the Commission from 17 June 2014 until 31 December 2020. 3. The delegation of power referred to in Article 8 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant to Article 8 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. Article 10 Review By 18 June 2017, the Commission shall submit a report on the application of this Decision to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. The report shall, in particular, assess to what extent the Network has contributed to the achievement of the objectives set out in Article 3 and whether it has fulfilled its tasks. It shall also assess how benchmarking in the areas referred to in points (a)(i) to (iv) of Article 4(1) has been developed and implemented by the Network. Article 11 Entry into force This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. Article 12 Addressees This Decision is addressed to the Member States. Done at Brussels, 15 May 2014. For the European Parliament The President M. SCHULZ For the Council The President D. KOURKOULAS (1) OJ C 67, 6.3.2014, p. 116. (2) Position of the European Parliament of 16 April 2014 (not yet published in the Official Journal) and decision of the Council of 8 May 2014. (3) Council Decision 2010/707/EU of 21 October 2010 on guidelines for the employment policies of the Member States (OJ L 308, 24.11.2010, p. 46). (4) OJ C 120, 26.4.2013, p. 1. (5) Regulation (EU) No 1296/2013 of the European Parliament and of the Council of 11 December 2013 on a European Union Programme for Employment and Social Innovation (‘EaSI’) and amending Decision No 283/2010/EU establishing a European Progress Microfinance Facility for employment and social inclusion (OJ L 347, 20.12.2013, p. 238). (6) Regulation (EU) No 1291/2013 of the European Parliament and of the Council of 11 December 2013 establishing Horizon 2020 — the Framework Programme for Research and Innovation (2014-20) and repealing Decision No 1982/2006/EC (OJ L 347, 20.12.2013, p. 104). ANNEX BENCHMARKING INDICATORS A. The quantitative indicators for the areas listed in points (a)(i) to (iv) of Article 4(1): 1. Contribution to reducing unemployment for all age groups and for vulnerable groups: (a) Transition from unemployment into employment per age group, gender and qualification level, as a share of the stock of registered unemployed persons; (b) Number of people leaving the PES unemployment records, as a share of registered unemployed persons. 2. Contribution to reducing the duration of unemployment and reducing inactivity, so as to address long-term and structural unemployment, as well as social exclusion: (a) Transition into employment within, for example, 6 and 12 months of unemployment per age group, gender and qualification level, as a share of all PES register transitions into employment; (b) Entries into a PES register of previously inactive persons, as a share of all entries into that PES register per age group and gender. 3. Filling of vacancies (including through voluntary labour mobility): (a) Job vacancies filled; (b) Answers to Eurostat's Labour Force Survey on the contribution of PES to the finding of the respondent's current job. 4. Customer satisfaction with PES services: (a) Overall satisfaction of jobseekers; (b) Overall satisfaction of employers. B. Areas of benchmarking through qualitative internal and external assessment of performance enablers for the areas listed in points (a)(i) to (iv) of Article 4(1): 1. Strategic performance management; 2. Design of operational processes such as effective channelling and profiling of jobseekers and tailored use of active labour market instruments; 3. Sustainable activation and management of transitions; 4. Relations to employers; 5. Evidence-based design and implementation of PES services; 6. Effective management of partnerships with stakeholders; 7. Allocation of PES resources.

Summary: Enhanced cooperation between public employment services Enhanced cooperation between public employment services SUMMARY OF: Decision No 573/2014/EU on enhanced cooperation between Public Employment Services (PES) WHAT IS THE AIM OF THE DECISION? Decision No 573/2014/EU sets up — using enhanced cooperation — an EU-wide network of public employment services (PES)* (‘the Network’), from 17 June 2014 to 31 December 2020. Decision (EU) 2020/1782 amends Decision No 573/2014/EU, extending the Network’s duration until 31 December 2027 and introducing some other changes outlined below. The Network encourages cooperation between EU countries in areas of employment within PESs’ responsibility, to help implement the EU’s employment policies. This will also help implement the principles of the European Pillar of Social Rights, contribute to the aims of the European Green Deal (see summary) and help achieve the United Nations Sustainable Development Goals. KEY POINTS Membership The Network’s members are: national public employment services; the European Commission. The Employment Committee (EMCO), which advises Employment and Social Affairs Ministers in the Employment, Social Policy, Health and Consumer Affairs Council on employment matters, acts as an observer. Remit Following the changes made by Amending Decision (EU) 2020/1782, the Network’s remit includes the following areas. Encouraging cooperation between EU countries and supporting: all vulnerable social groups with high unemployment rates, especially: older workers;young people not in employment, education or training (‘NEETS’);people with disabilities;people facing multiple types of discrimination; decent and sustainable work; better integration, functioning and inclusiveness of labour markets; gender equality; identifying skills shortages and providing information on their extent and location, better matching of job-seekers’ skills with employers’ needs, including by identifying vocational training needs, and the employability of job-seekers and preventing unemployment, for example through career counselling and training; increased voluntary geographical and job mobility; integrating people excluded from the labour market; evaluating and assessing active labour market initiatives and their effective and efficient implementation. Initiatives to: develop and implement EU-wide, evidence-based benchlearning* among PES to compare their performance in areas such as: reducing unemployment of all age, gender and vulnerable groups;reducing the duration of unemployment and inactivity;filling job vacancies;increasing user satisfaction with PES services; provide mutual assistance between Network members; contribute to modernising and strengthening PES in key areas, in view of: the EU’s employment and social policies, the European Pillar of Social Rights, the European Green Deal and the UN’s Sustainable Development Goals;the challenges related to digitalisation;the changing world of work and work patterns;demographic changes; prepare reports; contribute to implementing relevant policy initiatives; adopt and implement its annual work programme, including dissemination and cooperation strategies; promote and share best practices on: identifying NEETS and on developing initiatives to ensure they gain the skills necessary to enter and remain in the labour market;integrating the long-term unemployed and other vulnerable groups into the labour market. Cooperating with other labour market bodies, such as other providers of employment services and social services, the social partners, EU agencies in the areas of employment, social policy, gender equality and education and training, equality bodies, vocational training organisations, regional and local authorities, NGOs and private employment services. Where appropriate, the Network may exchange best practices with relevant public employment services from non-EU countries. Functioning of the Network A Board with representatives from national public employment services and a representative from the Commission governs the Network. A secretariat based within the Commission assists the Board and closely cooperates with the EMCO Secretariat. The Network reports annually to the Board on the initiatives carried out. The resources necessary to implement this decision will be made available in accordance with the multiannual financial framework 2021-2027. The Commission: has the power to adopt delegated acts until 31 December 2027; has to present an evaluation report on the implementation of this decision by 30 September 2026 to the European Parliament, the Council, the European Economic and Social Committee and the European Committee of the Regions. FROM WHEN DOES THE DECISION APPLY? It has applied since 17 June 2014. BACKGROUND The Network includes all EU countries, plus Norway, Iceland and the Commission. For more information, see: Public employment services (European Commission). KEY TERMS Public employment services: national agencies that connect job-seekers with employers. They help to match supply and demand on the labour market through information, placement and active support services at local, national and European levels. Benchlearning: linking benchmarking and mutual learning in order to identify good practice. MAIN DOCUMENT Decision No 573/2014/EU of the European Parliament and of the Council of 15 May 2014 on enhanced cooperation between Public Employment Services (PES) (OJ L 159, 28.5.2014, pp. 32-39) Successive amendments to Decision No 573/2014/EU have been incorporated into the original text. This consolidated version is of documentary value only. RELATED DOCUMENTS Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions — The European Green Deal (COM(2019) 640 final, 11.12.2019) Report from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions — Application of Decision 573/2014/EU on enhanced cooperation between Public Employment Services (PES) (COM(2017) 287 final, 6.6.2017) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions — Establishing a European Pillar of Social Rights (COM(2017) 250 final, 26.4.2017) last update 13.01.2021


14.3.2014 EN Official Journal of the European Union L 74/1 COMMISSION DELEGATED REGULATION (EU) No 240/2014 of 7 January 2014 on the European code of conduct on partnership in the framework of the European Structural and Investment Funds THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to 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 Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (1), and in particular Article 5(3) thereof, Whereas: (1) The aim of this Regulation is to provide for a European code of conduct in order to support and facilitate Member States in the organisation of partnerships for Partnership Agreements and programmes supported by the European Regional Development Fund (ERDF), the European Social Fund (ESF), the Cohesion Fund, the European Agricultural Fund for Rural Development (EAFRD) and the European Maritime and Fisheries Fund (EMFF). These funds now operate under a common framework and are referred to as the ‘European Structural and Investment Funds (hereinafter ‘the ESI Funds’). (2) Working in partnership is a long-established principle in the implementation of the ESI Funds. Partnership implies close cooperation between public authorities, economic and social partners and bodies representing civil society at national, regional and local levels throughout the whole programme cycle consisting of preparation, implementation, monitoring and evaluation. (3) The partners selected should be the most representative of the relevant stakeholders. Selection procedures should be transparent and take into account the different institutional and legal frameworks of the Member States and their national and regional competences. (4) The partners should include public authorities, economic and social partners and bodies representing civil society, including environmental partners, community-based and voluntary organisations, which can significantly influence or be significantly affected by implementation of the Partnership Agreement and programmes. Specific attention should be paid to including groups who may be affected by programmes but who find it difficult to influence them, in particular the most vulnerable and marginalised communities, which are at highest risk of discrimination or social exclusion, in particular persons with disabilities, migrants and Roma people. (5) For the selection of partners, it is necessary to take into account the differences between Partnership Agreements and programmes. Partnership Agreements cover all the ESI Funds providing support to each Member State, while programmes refer only to the ESI Funds contributing to them. The partners for Partnership Agreements should be those relevant in view of the planned use of all the ESI Funds, while for programmes it is sufficient that the partners are those relevant in view of the planned use of the ESI Funds contributing to the programme. (6) The partners should be involved in preparing and implementing Partnership Agreements and programmes. For this purpose, it is necessary to establish main principles and good practices concerning timely, meaningful and transparent consultation of the partners on the analysis of challenges and needs to be tackled, the selection of objectives and priorities to address them, and the coordination structures and multi-level governance agreements necessary for effective policy delivery. (7) The partners should be represented on the monitoring committees of programmes. The rules governing membership and committee procedures should promote continuity and ownership of programming and implementation, and working arrangements that are clear and transparent, as well as timeliness and non-discrimination. (8) Through their active participation in the monitoring committees, the partners should be involved in assessing performance on the different priorities, the relevant reports on the programmes and, where appropriate, calls for proposals. (9) Effective partnership should be facilitated by helping the relevant partners to strengthen their institutional capacity in view of the preparation and implementation of programmes. (10) The Commission should facilitate the exchange of good practice, strengthening institutional capacity and the dissemination of relevant outcomes among Member States, managing authorities and representatives of the partners by setting up a Community of Practice on Partnership covering all the ESI Funds. (11) The role of the partners in implementing the Partnership Agreements and the performance and effectiveness of the partnership in the programming period should be subject to assessment by the Member States. (12) In order to support and facilitate Member States in the organisation of the partnership, the Commission should make available examples of best practices existing in Member States, HAS ADOPTED THIS REGULATION: CHAPTER I GENERAL PROVISIONS Article 1 Subject matter and scope This Regulation establishes the European code of conduct on partnership for Partnership Agreements and programmes supported by the European Structural and Investment Funds. CHAPTER II MAIN PRINCIPLES CONCERNING TRANSPARENT PROCEDURES FOR IDENTIFICATION OF RELEVANT PARTNERS Article 2 Representativeness of partners Member States shall ensure that the partners referred to in Article 5(1) of Regulation (EU) No 1303/2013 are the most representative of the relevant stakeholders and are nominated as duly mandated representatives, taking into consideration their competence, capacity to participate actively and appropriate level of representation. Article 3 Identification of relevant partners for the Partnership Agreement 1. For the Partnership Agreement, Member States shall identify the relevant partners among at least the following: (a) competent regional, local, urban and other public authorities, including: (i) regional authorities, national representatives of local authorities and local authorities representing the largest cities and urban areas, whose competences are related to the planned use of the ESI Funds; (ii) national representatives of higher educational institutions, educational and training providers and research centres in view of the planned use of the ESI Funds; (iii) other national public authorities responsible for the application of horizontal principles referred to in Articles 4 to 8 of Regulation (EU) No 1303/2013, in view of the planned use of the ESI Funds; and in particular the bodies for the promotion of equal treatment established in accordance with Council Directive 2000/43/EC (2), Council Directive 2004/113/EC (3) and Directive 2006/54/EC of the European Parliament and of the Council (4); (b) economic and social partners, including: (i) nationally recognised social partners’ organisations, in particular general cross-industry organisations and sectoral organisations, whose sectors are related to the planned use of the ESI Funds; (ii) national chambers of commerce and business associations representing the general interest of industries and branches, in view of the planned use of the ESI Funds and with a view to ensuring balanced representation of large, medium-sized, small and microenterprises, together with representatives of the social economy; (c) bodies representing civil society, such as environmental partners, non-governmental organisations, and bodies responsible for promoting social inclusion, gender equality and non-discrimination, including: (i) bodies working in the areas related to the planned use of the ESI Funds and to the application of horizontal principles referred to in Articles 4 to 8 of Regulation (EU) No 1303/2013 based on their representativeness, and taking into account geographic and thematic coverage, management capacity, expertise and innovative approaches; (ii) other organisations or groups which are significantly affected or likely to be significantly affected by the implementation of the ESI Funds, in particular groups considered to be at risk of discrimination and social exclusion. 2. Where public authorities, economic and social partners, and bodies representing civil society have established an organisation regrouping their interests to facilitate their involvement in the partnership (umbrella organisation), they may nominate a single representative to present the views of the umbrella organisation in the partnership. Article 4 Identification of relevant partners for programmes 1. For each programme, Member States shall identify the relevant partners among at least the following: (a) competent regional, local, urban and other public authorities, including: (i) regional authorities, national representatives of local authorities and local authorities representing the largest cities and urban areas, whose competences are related to the planned use of the ESI Funds contributing to the programme; (ii) national or regional representatives of higher educational institutions, education, training and advisory services providers and research centres, in view of the planned use of the ESI Funds contributing to the programme; (iii) other public authorities responsible for the application of horizontal principles referred to in Articles 4 to 8 of Regulation (EU) No 1303/2013, in view of the planned use of the ESI Funds contributing to the programme, and in particular the bodies for the promotion of equal treatment established in accordance with Directive 2000/43/EC, Directive 2004/113/EC and Directive 2006/54/EC; (iv) other bodies organised at national, regional or local level and authorities representing the areas where integrated territorial investments and local development strategies funded by the programme are carried out; (b) economic and social partners, including: (i) nationally or regionally recognised social partners’ organisations, in particular general cross-industry organisations and sectoral organisations whose sectors are related to the planned use of the ESI Funds contributing to the programme; (ii) national or regional chambers of commerce and business associations representing the general interest of industries or branches, with a view to ensuring balanced representation of large, medium-sized, small and microenterprises, together with representatives of the social economy; (iii) other similar bodies organised at national or regional level; (c) bodies representing civil society, such as environmental partners, non-governmental organisations, and bodies responsible for promoting social inclusion, gender equality and non-discrimination, including: (i) bodies working in the areas related to the planned use of the ESI Funds contributing to the programme and to the application of horizontal principles, referred to in Articles 4 to 8 of Regulation (EU) No 1303/2013 based on their representativeness, and taking into account geographic and thematic coverage, management capacity, expertise and innovative approaches; (ii) bodies representing the local action groups referred to in Article 34(1) of Regulation (EU) No 1303/2013; (iii) other organisations or groups which are significantly affected or likely to be significantly affected by the implementation of the ESI Funds; in particular, groups considered to be at risk of discrimination and social exclusion. 2. As regards European territorial cooperation programmes, Member States may involve in the partnership: (i) European groupings of territorial cooperation operating in the respective cross-border or transnational programme area; (ii) authorities or bodies that are involved in the development or implementation of a macro-regional or sea-basin strategy in the programme area, including priority area coordinators for macro-regional strategies. 3. Where public authorities, economic and social partners, and bodies representing civil society have established an umbrella organisation, they may nominate a single representative to present the views of the umbrella organisation in the partnership. CHAPTER III MAIN PRINCIPLES AND GOOD PRACTICES CONCERNING THE INVOLVEMENT OF RELEVANT PARTNERS IN THE PREPARATION OF THE PARTNERSHIP AGREEMENT AND PROGRAMMES Article 5 Consultation of relevant partners in the preparation of the Partnership Agreement and programmes 1. In order to ensure transparent and effective involvement of relevant partners, Member States and managing authorities shall consult them on the process and timetable of the preparation of the Partnership Agreement and programmes. In doing so, they shall keep them fully informed of their content and any changes thereof. 2. As regards the consultation of relevant partners, Member States shall take account of the need for: (a) timely disclosure of and easy access to relevant information; (b) sufficient time for partners to analyse and comment on key preparatory documents and on the draft Partnership Agreement and draft programmes; (c) available channels through which partners may ask questions, may provide contributions and will be informed of the way in which their proposals have been taken into consideration; (d) the dissemination of the outcome of the consultation. 3. As regards the rural development programmes, Member States shall take account of the role that the national rural networks established in accordance with Article 54 of the Regulation (EU) No 1305/2013 of the European Parliament and of the Council (5) can play involving relevant partners. 4. Where formal agreements have been established between the different tiers of government below national level, the Member State shall take account of these multi-level governance agreements in accordance with its institutional and legal framework. Article 6 Preparation of the Partnership Agreement Member States shall involve relevant partners, in accordance with their institutional and legal framework, in the preparation of the Partnership Agreement, and in particular concerning: (a) the analysis of disparities, development needs and growth potential with reference to the thematic objectives, including those addressed by the relevant country-specific recommendations; (b) summaries of the ex ante conditionalities of the programmes and key findings of any ex ante evaluations of the Partnership Agreement undertaken at the Member State’s initiative; (c) the selection of the thematic objectives, the indicative allocations of the ESI Funds and their main expected results; (d) the list of programmes and the mechanisms at national and regional level to ensure coordination of the ESI Funds with one another and with other Union and national funding instruments and with the European Investment Bank; (e) the arrangements for ensuring an integrated approach to the use of ESI Funds for the territorial development of urban, rural, coastal and fisheries areas and areas with particular territorial features; (f) the arrangements for ensuring an integrated approach to addressing the specific needs of geographical areas most affected by poverty and of target groups at the highest risk of discrimination or exclusion, with special regard to marginalised communities; (g) the implementation of the horizontal principles referred to in Articles 5, 7 and 8 of Regulation (EU) No 1303/2013. Article 7 Information on the involvement of relevant partners in the Partnership Agreement Member States shall provide for the Partnership Agreement at least the following information: (a) the list of partners involved in the preparation of the Partnership Agreement; (b) the actions taken to ensure the active participation of the partners, including actions taken in terms of accessibility, in particular for persons with disabilities; (c) the role of the partners in the preparation of the Partnership Agreement; (d) the results of the consultation with partners and a description of its added value in the preparation of the Partnership Agreement. Article 8 Preparation of programmes Member States shall involve relevant partners, in accordance with their institutional and legal framework, in the preparation of programmes, and in particular concerning: (a) the analysis and identification of needs; (b) the definition or selection of priorities and related specific objectives; (c) the allocation of funding; (d) the definition of programmes’ specific indicators; (e) the implementation of the horizontal principles as defined in Articles 7 and 8 of Regulation (EU) No 1303/2013; (f) the composition of the monitoring committee. Article 9 Information on the involvement of relevant partners in programmes Member States shall provide for programmes at least the following information: (a) the actions taken to involve the relevant partners in the preparation of the programmes and their amendments; (b) the planned actions to ensure the participation of the partners in the implementation of the programmes. CHAPTER IV GOOD PRACTICES CONCERNING THE FORMULATION OF THE RULES OF MEMBERSHIP AND INTERNAL PROCEDURES OF MONITORING COMMITTEES Article 10 Rules of membership of the monitoring committee 1. When formulating the rules of membership of the monitoring committee, Member States shall take into account the involvement of partners that have been involved in the preparation of the programmes and shall aim to promote equality between men and women and non-discrimination. 2. As regards the monitoring committees of European territorial cooperation programmes, partners may be represented by umbrella organisations at Union or transnational level for interregional and transnational cooperation programmes. Member States may involve partners in the preparations of the monitoring committee, in particular through their participation in coordination committees at national level organised in the participating Member States. Article 11 Rules of procedure of the monitoring committee When formulating the rules of procedure, monitoring committees shall take into account the following elements: (a) the members’ voting rights; (b) the notice given of meetings and the transmission of documents, which, as a general rule, shall not be less than 10 working days; (c) the arrangements for publication and accessibility of the preparatory documents submitted to the monitoring committees; (d) the procedure for adoption, publication and accessibility of the minutes; (e) the arrangements for the establishment and activities of working groups under the monitoring committees; (f) the provisions on conflict of interest for partners involved in monitoring, evaluation and calls for proposals; (g) the conditions, principles and arrangements for reimbursement rules, capacity building opportunities and use of technical assistance. CHAPTER V MAIN PRINCIPLES AND GOOD PRACTICES CONCERNING THE INVOLVEMENT OF RELEVANT PARTNERS IN THE PREPARATION OF CALLS OF PROPOSALS, PROGRESS REPORTS AND IN RELATION TO MONITORING AND EVALUATION OF PROGRAMMES Article 12 Obligations relating to data protection, confidentiality and conflict of interest Member States shall ensure that partners involved in the preparation of calls of proposals, progress reports and in monitoring and evaluation of programmes are aware of their obligations related to data protection, confidentiality and conflict of interest. Article 13 Involvement of relevant partners in the preparation of calls for proposals Managing authorities shall take appropriate measures to avoid potential conflict of interest where involving relevant partners in the preparation of calls for proposals or in their assessment. Article 14 Involvement of relevant partners in the preparation of progress reports Member States shall involve relevant partners in the preparation of the progress reports on implementation of the Partnership Agreement referred to in Article 52 of Regulation (EU) No 1303/2013, in particular concerning the assessment of the role of partners in the implementation of the Partnership Agreement and the overview of the opinions given by the partners during the consultation, including, where appropriate, the description of the way in which the opinions of partners have been taken into account. Article 15 Involvement of relevant partners in the monitoring of programmes Managing authorities shall involve the partners, within the framework of the monitoring committee and their working groups, in assessing performance of the programme, including the conclusions of the performance review, and in the preparation of the annual implementation reports on the programmes. Article 16 Involvement of partners in the evaluation of programmes 1. Managing authorities shall involve the relevant partners in the evaluation of programmes within the framework of the monitoring committees and, where appropriate, specific working groups established by the monitoring committees for this purpose. 2. Managing authorities for the European Regional Development Fund (ERDF), the European Social Fund (ESF) and the Cohesion Fund programmes shall consult the partners on the reports summarising the findings of evaluations carried out during the programming period in accordance with Article 114(2) of Regulation (EU) No 1303/2013. CHAPTER VI INDICATIVE AREAS, THEMES AND GOOD PRACTICES CONCERNING THE USE OF THE ESI FUNDS TO STRENGTHEN THE INSTITUTIONAL CAPACITY OF RELEVANT PARTNERS AND THE ROLE OF THE COMMISSION IN DISSEMINATION OF GOOD PRACTICES Article 17 Strengthening the institutional capacity of relevant partners 1. The managing authority shall examine the need to make use of technical assistance in order to support the strengthening of the institutional capacity of partners, in particular as regards small local authorities, economic and social partners and non-governmental organisations, in order to help them so that they can effectively participate in the preparation, implementation, monitoring and evaluation of the programmes. 2. The support referred to in paragraph 1 may take the form of, inter alia, dedicated workshops, training sessions, coordination and networking structures or contributions to the cost of participating in meetings on the preparation, implementation, monitoring and evaluation of a programme. 3. For rural development programmes, the support referred to in paragraph 1 may be provided through the national rural network established in accordance with Article 54 of Regulation (EU) No 1305/2013. 4. For ESF programmes, managing authorities in less developed or transition regions or in Member States eligible for Cohesion Fund support shall ensure that, according to need, appropriate ESF resources are allocated to the capacity building activities of social partners and non-governmental organisations that are involved in the programmes. 5. For European territorial cooperation, support under paragraphs 1 and 2 may also cover support for partners to strengthen their institutional capacity for participating in international cooperation activities. Article 18 Role of the Commission in the dissemination of good practices 1. The Commission shall set up a cooperation mechanism called the European Community of Practice on Partnership, which shall be common to the ESI Funds and open to interested Member States, managing authorities and organisations representing the partners at Union level. The European Community of Practice on Partnership shall facilitate exchange of experience, capacity building, as well as dissemination of relevant outcomes. 2. The Commission shall make available examples of good practice in organising the partnership. 3. The exchange of experience on the identification, transfer and dissemination of good practice and innovative approaches in relation to the implementation of interregional cooperation programmes and actions under Article 2(3)(c) of Regulation (EU) No 1299/2013 of the European Parliament and of the Council (6) shall include experience of partnership in cooperation programmes. CHAPTER VII FINAL PROVISIONS Article 19 Entry into force This Regulation shall enter into force on the day following that 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, 7 January 2014. For the Commission The President José Manuel BARROSO (1) OJ L 347, 20.12.2013, p. 320. (2) Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (OJ L 180, 19.7.2000, p. 22). (3) Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services (OJ L 373, 21.12.2004, p. 37). (4) Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (OJ L 204, 26.7.2006, p. 23). (5) Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (OJ L 347, 20.12.2013, p. 487). (6) Regulation (EU) No 1299/2013 of the European Parliament and of the Council of 17 December 2013 on specific provisions for the support from the European Regional Development Fund to the European territorial cooperation goal (OJ L 347, 20.12.2013, p. 259).

Summary: European Structural and Investment Funds — working in partnerships European Structural and Investment Funds — working in partnerships SUMMARY OF: Regulation (EU) No 240/2014 — European code of conduct on partnership in the framework of the European Structural and Investment Funds WHAT IS THE AIM OF THE REGULATION? It introduces the European code of conduct on partnership (ECCP). The ECCP is designed to help European Union (EU) countries organise a meaningful partnership with relevant and representative stakeholders for the shared design and implementation of the European Structural Investment Funds (ESIFs) in the 2014-2020 period. KEY POINTS The ECCP lays down guidance on partnership in the implementation of ESIFs. The main points of the ECCP include: the selection of relevant and representative partners, representing the categories defined in Regulation (EU) No 1303/2013 (Common Provisions Regulation for ESIFs); transparent selection procedures that take into account the different sets of institutional and legal rules found in EU countries; minimum procedural requirements for the timely, meaningful and transparent consultation of relevant stakeholders* in the preparation of partnership agreements* and operational programmes*; selected partners being represented within the key programme committees (i.e. preparation, implementation, monitoring and evaluation); partnership should be ensured by strengthening the institutional capacity of relevant social partners and civil society organisations to engage; the exchange of experience and mutual learning be facilitated covering all the ESIFs; the role of the partners in the implementation of the partnership agreement, and the performance and effectiveness of the partnership be subject to assessment. FROM WHEN DOES THE REGULATION APPLY? It has applied since 15 March 2014. BACKGROUND For more information, see: ‘How to strengthen the partnership principle in European Funds?’ on the European Commission's website. * KEY TERMS Relevant stakeholders: competent regional, local, urban and other public authorities, economic and social partners (e.g. employers and employee organisations), chambers of commerce, civil society (e.g. environmental partners, non-governmental organisations, and bodies responsible for promoting social inclusion, gender equality and non-discrimination). Partnership Agreement (PAs): EU countries must draw up and implement strategic plans with investment priorities covering all funds and programmes in the period 2014-2020. PAs are negotiated between the European Commission and the EU country, following their consultation with local and regional representatives, representatives from interest groups, civil society, etc. Operational programmes (OPs): these present the priorities of the country and/or cover priorities for the country or regions of the area concerned in the 7-year programming period 2014-2020. Workers, employers and civil society bodies can all participate in the programming and management of the OPs. MAIN DOCUMENT Commission Delegated Regulation (EU) No 240/2014 of 7 January 2014 on the European code of conduct on partnership in the framework of the European Structural and Investment Funds (OJ L 74, 14.3.2014, pp. 1-7) RELATED DOCUMENTS 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 Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (OJ L 347, 20.12.2013, pp. 320-469) Successive amendments to Regulation (EU) No 1303/2013 have been incorporated in the original text. This consolidated version is of documentary value only. last update 25.10.2016