28.10.2008 EN Official Journal of the European Union L 283/36 DIRECTIVE 2008/94/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 22 October 2008 on the protection of employees in the event of the insolvency of their employer (Codified version) (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 137(2) thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Economic and Social Committee (1), After consultation of the Committee of the Regions, Acting in accordance with the procedure laid down in Article 251 of the Treaty (2), Whereas: (1) Council Directive 80/987/EEC of 20 October 1980 on the protection of employees in the event of the insolvency of their employer (3) has been substantially amended several times (4). In the interests of clarity and rationality the said Directive should be codified. (2) The Community Charter of Fundamental Social Rights for Workers adopted on 9 December 1989 states, in point 7, that the completion of the internal market must lead to an improvement in the living and working conditions of workers in the Community and that this improvement must cover, where necessary, the development of certain aspects of employment regulations such as procedures for collective redundancies and those regarding bankruptcies. (3) It is necessary to provide for the protection of employees in the event of the insolvency of their employer and to ensure a minimum degree of protection, in particular in order to guarantee payment of their outstanding claims, while taking account of the need for balanced economic and social development in the Community. To this end, the Member States should establish a body which guarantees payment of the outstanding claims of the employees concerned. (4) In order to ensure equitable protection for the employees concerned, the state of insolvency should be defined in the light of the legislative trends in the Member States and that concept should also include insolvency proceedings other than liquidation. In this context, Member States should, in order to determine the liability of the guarantee institution, be able to lay down that where an insolvency situation results in several insolvency proceedings, the situation is to be treated as a single insolvency procedure. (5) It should be ensured that the employees referred to in Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC (5), Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by the ETUC, UNICE and CEEP (6) and Council Directive 91/383/EEC of 25 June 1991 supplementing the measures to encourage improvements in the safety and health at work of workers with a fixed-duration employment relationship or a temporary employment relationship (7) are not excluded from the scope of this Directive. (6) In order to ensure legal certainty for employees in the event of insolvency of undertakings pursuing their activities in a number of Member States, and to strengthen employees’ rights in line with the established case-law of the Court of Justice of the European Communities, provisions should be laid down which expressly state which institution is responsible for meeting pay claims in these cases and establish as the aim of cooperation between the competent administrative authorities of the Member States the early settlement of employees’ outstanding claims. Furthermore it is necessary to ensure that the relevant arrangements are properly implemented by making provision for collaboration between the competent administrative authorities in the Member States. (7) Member States may set limitations on the responsibility of the guarantee institutions. Those limitations must be compatible with the social objective of the Directive and may take into account the different levels of claims. (8) In order to make it easier to identify insolvency proceedings, in particular in situations with a cross-border dimension, provision should be made for the Member States to notify the Commission and the other Member States about the types of insolvency proceedings which give rise to intervention by the guarantee institution. (9) Since the objective of the action to be taken cannot be sufficiently achieved by the Member States and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective. (10) The Commission should submit to the European Parliament and the Council a report on the implementation and application of this Directive in particular as regards the new forms of employment emerging in the Member States. (11) This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex I, Part C, HAVE ADOPTED THIS DIRECTIVE: CHAPTER I SCOPE AND DEFINITIONS Article 1 1. This Directive shall apply to employees’ claims arising from contracts of employment or employment relationships and existing against employers who are in a state of insolvency within the meaning of Article 2(1). 2. Member States may, by way of exception, exclude claims by certain categories of employee from the scope of this Directive, by virtue of the existence of other forms of guarantee if it is established that these offer the persons concerned a degree of protection equivalent to that resulting from this Directive. 3. Where such provision already applies in their national legislation, Member States may continue to exclude from the scope of this Directive: (a) domestic servants employed by a natural person; (b) share-fishermen. Article 2 1. For the purposes of this Directive, an employer shall be deemed to be in a state of insolvency where a request has been made for the opening of collective proceedings based on insolvency of the employer, as provided for under the laws, regulations and administrative provisions of a Member State, and involving the partial or total divestment of the employer’s assets and the appointment of a liquidator or a person performing a similar task, and the authority which is competent pursuant to the said provisions has: (a) either decided to open the proceedings; or (b) established that the employer’s undertaking or business has been definitively closed down and that the available assets are insufficient to warrant the opening of the proceedings. 2. This Directive is without prejudice to national law as regards the definition of the terms ‘employee’, ‘employer’, ‘pay’, ‘right conferring immediate entitlement’ and ‘right conferring prospective entitlement’. However, the Member States may not exclude from the scope of this Directive: (a) part-time employees within the meaning of Directive 97/81/EC; (b) employees with a fixed-term contract within the meaning of Directive 1999/70/EC; (c) employees with a temporary employment relationship within the meaning of Article 1(2) of Directive 91/383/EEC. 3. Member States may not set a minimum duration for the contract of employment or the employment relationship in order for employees to qualify for claims under this Directive. 4. This Directive does not prevent Member States from extending employee protection to other situations of insolvency, for example where payments have been de facto stopped on a permanent basis, established by proceedings different from those mentioned in paragraph 1 as provided for under national law. Such procedures shall not however create a guarantee obligation for the institutions of the other Member States in the cases referred to in Chapter IV. CHAPTER II PROVISIONS CONCERNING GUARANTEE INSTITUTIONS Article 3 Member States shall take the measures necessary to ensure that guarantee institutions guarantee, subject to Article 4, payment of employees’ outstanding claims resulting from contracts of employment or employment relationships, including, where provided for by national law, severance pay on termination of employment relationships. The claims taken over by the guarantee institution shall be the outstanding pay claims relating to a period prior to and/or, as applicable, after a given date determined by the Member States. Article 4 1. Member States shall have the option to limit the liability of the guarantee institutions referred to in Article 3. 2. If Member States exercise the option referred to in paragraph 1, they shall specify the length of the period for which outstanding claims are to be met by the guarantee institution. However, this may not be shorter than a period covering the remuneration of the last three months of the employment relationship prior to and/or after the date referred to in the second paragraph of Article 3. Member States may include this minimum period of three months in a reference period with a duration of not less than six months. Member States having a reference period of not less than 18 months may limit the period for which outstanding claims are met by the guarantee institution to eight weeks. In this case, those periods which are most favourable to the employee shall be used for the calculation of the minimum period. 3. Member States may set ceilings on the payments made by the guarantee institution. These ceilings must not fall below a level which is socially compatible with the social objective of this Directive. If Member States exercise this option, they shall inform the Commission of the methods used to set the ceiling. Article 5 Member States shall lay down detailed rules for the organisation, financing and operation of the guarantee institutions, complying with the following principles in particular: (a) the assets of the institutions must be independent of the employers’ operating capital and be inaccessible to proceedings for insolvency; (b) employers must contribute to financing, unless it is fully covered by the public authorities; (c) the institutions’ liabilities must not depend on whether or not obligations to contribute to financing have been fulfilled. CHAPTER III PROVISIONS CONCERNING SOCIAL SECURITY Article 6 Member States may stipulate that Articles 3, 4 and 5 shall not apply to contributions due under national statutory social security schemes or under supplementary occupational or inter-occupational pension schemes outside the national statutory social security schemes. Article 7 Member States shall take the measures necessary to ensure that non-payment of compulsory contributions due from the employer, before the onset of his insolvency, to their insurance institutions under national statutory social security schemes does not adversely affect employees’ benefit entitlement in respect of these insurance institutions in so far as the employees’ contributions have been deducted at source from the remuneration paid. Article 8 Member States shall ensure that the necessary measures are taken to protect the interests of employees and of persons having already left the employer’s undertaking or business at the date of the onset of the employer’s insolvency in respect of rights conferring on them immediate or prospective entitlement to old-age benefits, including survivors’ benefits, under supplementary occupational or inter-occupational pension schemes outside the national statutory social security schemes. CHAPTER IV PROVISIONS CONCERNING TRANSNATIONAL SITUATIONS Article 9 1. If an undertaking with activities in the territories of at least two Member States is in a state of insolvency within the meaning of Article 2(l), the institution responsible for meeting employees’ outstanding claims shall be that in the Member State in whose territory they work or habitually work. 2. The extent of employees’ rights shall be determined by the law governing the competent guarantee institution. 3. Member States shall take the measures necessary to ensure that, in the cases referred to in paragraph 1 of this Article, decisions taken in the context of insolvency proceedings referred to in Article 2(1), which have been requested in another Member State, are taken into account when determining the employer’s state of insolvency within the meaning of this Directive. Article 10 1. For the purposes of implementing Article 9, Member States shall make provision for the sharing of relevant information between their competent administrative authorities and/or the guarantee institutions mentioned in the first paragraph of Article 3, making it possible in particular to inform the guarantee institution responsible for meeting the employees’ outstanding claims. 2. Member States shall notify the Commission and the other Member States of the contact details of their competent administrative authorities and/or guarantee institutions. The Commission shall make that information publicly accessible. CHAPTER V GENERAL AND FINAL PROVISIONS Article 11 This Directive shall not affect the option of Member States to apply or introduce laws, regulations or administrative provisions which are more favourable to employees. Implementation of this Directive shall not under any circumstances be sufficient grounds for a regression in relation to the current situation in the Member States and in relation to the general level of protection of employees in the area covered by it. Article 12 This Directive shall not affect the option of Member States: (a) to take the measures necessary to avoid abuses; (b) to refuse or reduce the liability referred to in the first paragraph of Article 3 or the guarantee obligation referred to in Article 7 if it appears that fulfilment of the obligation is unjustifiable because of the existence of special links between the employee and the employer and of common interests resulting in collusion between them; (c) to refuse or reduce the liability referred to in the first paragraph of Article 3 or the guarantee obligation referred to in Article 7 in cases where the employee, on his or her own or together with his or her close relatives, was the owner of an essential part of the employer’s undertaking or business and had a considerable influence on its activities. Article 13 Member States shall notify the Commission and the other Member States of the types of national insolvency proceedings falling within the scope of this Directive, and of any amendments relating thereto. The Commission shall publish these communications in the Official Journal of the European Union. Article 14 Member States shall communicate to the Commission the text of the laws, regulations and administrative provisions which they adopt in the field covered by this Directive. Article 15 By 8 October 2010 at the latest, the Commission shall submit to the European Parliament and to the Council a report on the implementation and application in the Member States of Articles 1 to 4, 9 and 10, Article 11, second paragraph, Article 12, point (c), and Articles 13 and 14. Article 16 Directive 80/987/EEC, as amended by the acts listed in Annex I, is repealed, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex I, Part C. References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex II. Article 17 This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union. Article 18 This Directive is addressed to the Member States. Done at Strasbourg, 22 October 2008. For the European Parliament The President H.-G. PÖTTERING For the Council The President J.-P. JOUYET (1) OJ C 161, 13.7.2007, p. 75. (2) Opinion of the European Parliament of 19 June 2007 (OJ C 146 E, 12.6.2008, p. 71) and Council Decision of 25 September 2008. (3) OJ L 283, 28.10.1980, p. 23. (4) See Annex I, Parts A and B. (5) OJ L 14, 20.1.1998, p. 9. (6) OJ L 175, 10.7.1999, p. 43. (7) OJ L 206, 29.7.1991, p. 19. ANNEX I PART A Repealed Directive with its successive amendments (referred to in Article 16) Council Directive 80/987/EEC (OJ L 283, 28.10.1980, p. 23). Council Directive 87/164/EEC (OJ L 66, 11.3.1987, p. 11). Directive 2002/74/EC of the European Parliament and of the Council (OJ L 270, 8.10.2002, p. 10). PART B Non-repealed amending act (referred to in Article 16) 1994 Act of Accession PART C Time-limits for transposition into national law and application (referred to in Article 16) Directive Time-limit for transposition Date of application 80/987/EEC 23 October 1983 87/164/EEC 1 January 1986 2002/74/EC 7 October 2005 ANNEX II Correlation table Directive 80/987/EEC This Directive 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 7 Article 8 Article 8 Article 8a Article 9 Article 8b Article 10 Article 9 Article 11 Article 10 Article 12 Article 10a Article 13 Article 11(1) — Article 11(2) Article 14 Article 12 — — Article 15 — Article 16 — Article 17 Article 13 Article 18 — Annex I — Annex II

Summary: Employee protection in the event of an insolvent employer Employee protection in the event of an insolvent employer SUMMARY OF: Directive 2008/94/EC on the protection of employees in the event of the insolvency of their employer WHAT IS THE AIM OF THE DIRECTIVE? It sets out to guarantee payment of employees’ remuneration if their employer is in a state of insolvency. It requires EU countries to establish guarantee institutions and lays down procedures which apply when cross-border employers become insolvent. KEY POINTS This directive protects employees who have a claim for unpaid remuneration against an employer who is in a state of insolvency. The state of insolvency follows a request made under judicial proceedings involving the partial or total divestment of the employer’s assets and the appointment of a liquidator, where the competent judicial authority has: decided to open proceedings; or established that the employer’s undertaking or business has been definitively closed down and that the available assets are insufficient. EU countries may, by way of exception, exclude claims by certain categories of employee if other forms of guarantee offer them equivalent protection. EU countries may exclude domestic servants employed by a natural person. However, apart from these exceptions, all employees may benefit from this directive irrespective of the duration of the contract of employment or the employment relationship. It therefore applies to part-time employees, fixed-term contracts and temporary contracts. Guarantee institutions EU countries must establish guarantee institutions which guarantee payment of employees’ claims and, where appropriate, severance pay on termination of employment relationships. They may set ceilings on the payments made by the institution, which must be sufficiently high to contribute to the social objective of the directive. The minimum period of remuneration by the guarantee institution must be calculated on the basis of: a minimum reference period of 6 months, giving rise to the payment of claims for at least 3 months; a reference period of at least 18 months, giving rise to the payment of claims for at least eight weeks. In this case, those periods which are most favourable to the employee shall be used for the calculation. Employers must contribute to the financing of these institutions, unless it is fully covered by the public authorities. Social security EU countries may stipulate that the payment guarantee does not apply to: social security contributions; contributions under supplementary company or inter-company pension schemes outside the statutory social security schemes. Moreover, if the employer has not paid the compulsory social security contributions but they have been deducted from the remuneration paid, employees shall enjoy their full benefit entitlement in respect of the insurance institutions. The interests of employees are protected in respect of old-age benefits, including survivors’ benefits, under supplementary pension schemes. This protection also applies to employees who left the business before the insolvency occurred. Transnational situations If the insolvent employer operated in the territories of at least 2 EU countries, the authority responsible for meeting claims is the one in the country where the employee habitually worked. Similarly, the extent of employees’ rights with respect to guarantee institutions is determined by the national law applying to the guarantee institution. FROM WHEN DOES THE DIRECTIVE APPLY? It has applied since 17 November 2008. Directive 2008/94/EC codified and replaced Directive 80/987/EEC and its subsequent amendments. The original Directive 80/987/EEC had to become law in the EU countries by 1983. MAIN DOCUMENT Directive 2008/94/EC of the European Parliament and of the Council of 22 October 2008 on the protection of employees in the event of the insolvency of their employer (Codified version) (OJ L 283, 28.10.2008, pp. 36-42) Successive amendments to Directive 2008/94/EC have been incorporated in the original text. This consolidated version is of documentary value only. RELATED DOCUMENTS Report from the Commission to the European Parliament and the Council on the implementation and application of certain provisions of Directive 2008/94/EC on the protection of employees in the event of the insolvency of their employer (COM(2011) 84 final, 28.2.2011) last update 27.11.2020


15.3.2008 EN Official Journal of the European Union L 73/17 DECISION No 235/2008/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 March 2008 establishing the European Statistical Governance Advisory Board (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 285 thereof, Having regard to the proposal from the Commission, Acting in accordance with the procedure laid down in Article 251 of the Treaty (1), Whereas: (1) The need to establish Europe-wide standards on the independence, integrity and accountability of the national and Community statistical authorities led the Statistical Programme Committee established by Council Decision 89/382/EEC, Euratom (2), unanimously to endorse, at its meeting on 24 February 2005, the European Statistics Code of Practice (hereinafter referred to as the Code of Practice) as presented in the Recommendation of the Commission of 25 May 2005 on the independence, integrity and accountability of the national and Community statistical authorities. (2) The Code of Practice has the dual purpose of improving trust and confidence in statistical authorities by proposing certain institutional and organisational arrangements on the one hand and reinforcing the quality of the statistics they produce on the other. (3) In the Communication of 25 May 2005 to the European Parliament and to the Council on the independence, integrity and accountability of the national and Community statistical authorities, the Commission acknowledged the usefulness of an external advisory body that could play an active role in overseeing how the Code of Practice is implemented by the European Statistical System as a whole. In its Recommendation of 25 May 2005, the Commission stated its intention to consider proposing the establishment of such an external advisory body. (4) On 8 November 2005, the Council concluded that a new high-level advisory body would enhance the independence, integrity and accountability of the Commission (Eurostat) and, in the context of the peer review assessment of implementing the Code of Practice, of the European Statistical System. The Council recommended that the body should be a small group of independent persons appointed on the basis of their competence. (5) The members of that body should provide a complementary mix of skills and experience, drawing, for example, on people from academia and those with national and/or international professional experience in the field of statistics. (6) The body should establish an assessment for the Commission (Eurostat) on the implementation of the Code of Practice analogous to the peer review of National Statistical Offices. (7) A dialogue with the Statistical Programme Committee and the European Statistical Advisory Committee, established by Decision No 234/2008/EC of the European Parliament and of the Council (3), on the Code of Practice, and also with Member States’ stakeholder bodies, should be encouraged where appropriate. (8) An advisory board should therefore be established, and its tasks and structure defined, without prejudice to Article 5 of the Protocol on the Statute of the European System of Central Banks and of the European Central Bank, HAVE DECIDED AS FOLLOWS: Article 1 Advisory Board The European Statistical Governance Advisory Board (hereinafter referred to as the Board) is hereby established. The purpose of the Board shall be to provide an independent overview of the European Statistical System as regards the implementation of the European Statistics Code of Practice (hereinafter referred to as the Code of Practice). Article 2 Tasks 1. The Board’s tasks shall be to: (a) prepare an annual report for the European Parliament and the Council on the implementation of the Code of Practice insofar as it relates to the Commission (Eurostat) and to transmit that report to the Commission prior to submitting it to the European Parliament and to the Council; (b) include in that annual report an assessment of the implementation of the Code of Practice in the European Statistical System as a whole; (c) advise the Commission on appropriate measures to facilitate the implementation of the Code of Practice insofar as it relates to the Commission (Eurostat) and to the European Statistical System as a whole; (d) advise the Commission (Eurostat) on communicating the Code of Practice to users and data providers; (e) advise the Commission (Eurostat) and the Statistical Programme Committee as regards updating the Code of Practice. 2. The Board may advise the Commission and shall respond to the Commission as regards questions relating to user confidence in European statistics, in compliance with the tasks laid down under paragraph 1. Article 3 Membership of the Board 1. The Board shall comprise seven members, including its chairperson. The Board’s members shall act independently. The Commission (Eurostat) shall be represented as an observer. 2. The members of the Board shall be selected from among experts possessing outstanding competence in the field of statistics, shall perform their duties in their personal capacity, and shall be selected to provide a range of complementary skills and experience. 3. After consulting the Commission, the Council shall select, and the European Parliament shall approve, the nomination of the chairperson of the Board. The chairperson shall not be a current member of either a National Statistical Office or the Commission and shall have held no such post within the last two years. After consulting the Commission, the European Parliament and the Council shall each appoint three members of the Board. 4. The term of office for the chairperson and members of the Board shall be three years, renewable once. 5. If a member resigns before the expiry of his or her term of office, he or she shall be replaced by a new member, appointed in accordance with this Article, who shall serve a full term. Article 4 Proceedings 1. The Board shall adopt its own rules of procedure, which shall be made public. 2. The Board’s annual report, referred to in Article 2(1)(a), shall be made public after submission to the European Parliament and to the Council. In addition, the Board may decide to publish any conclusion, partial conclusion or working document, provided that it has been communicated in advance to the European Parliament, the Council and the Commission (Eurostat) and any other body involved, with an adequate opportunity for response. 3. Without prejudice to Article 287 of the Treaty, Board members shall be required not to disclose information to which they have gained access through the Board’s proceedings if the Commission informs them that such information is justifiably of a confidential nature or that responding to a request for an opinion or a question raised would lead to the disclosure of such confidential information. 4. The Board shall be assisted by a secretariat, which shall be provided by the Commission but which must act independently thereof. The Board’s secretary shall be appointed by the Commission after consulting the Board. The secretary shall act on the instructions of the Board. 5. The expenses of the Board shall be included in the budgetary estimates of the Commission. Article 5 A review of the role and effectiveness of the Board shall be conducted three years after its establishment. Article 6 This Decision shall enter into force on the day following its publication in the Official Journal of the European Union. Done at Strasbourg, 11 March 2008. For the European Parliament The President H.-G. PÖTTERING For the Council The President J. LENARČIČ (1) Opinion of the European Parliament of 24 October 2007 (not yet published in the Official Journal) and Council Decision of 14 February 2008. (2) OJ L 181, 28.6.1989, p. 47. (3) See page 13 of this Official Journal.

Summary: European Statistical Governance Advisory Board European Statistical Governance Advisory Board SUMMARY OF: Decision No 235/2008/EC establishing the European Statistical Governance Advisory Board WHAT IS THE AIM OF THE DECISION? It sets up the European Statistical Governance Advisory Board, whose purpose is to provide and independent overview of the European statistical system. KEY POINTS Mission The board carries out its mission: through an annual report for the European Parliament and Council on the implementation of the code of practice by the EU’s Statistical Office (Eurostat); through assessing how the code is implemented in the European statistical system as a whole, which is then recorded in the annual report; by advising on the implementation of the code by Eurostat and the European statistical system as a whole; by advising on communicating the code to users and data providers; by advising on the updating of the code. The advisory board may advise the European Commission to build user confidence in European statistics. Composition The board comprises 7 independent members who are experts in the field of statistics. The European Parliament and the Council each nominate 3 members after consulting the Commission; their term of office is 3 years, renewable once. After consulting the Commission, the chairperson is selected by the Council and approved by the Parliament. The term of office for the chairperson is also 3 years, renewable once. He or she cannot be a member of either a national statistical office or the Commission, nor have held such a post within the last 2 years. If a member resigns before the expiry of his or her term of office, his or her replacement is nominated to serve a full term. Eurostat is an observer member of the advisory board. Operation The board is assisted by an independent secretariat which is provided by the Commission. A secretary is appointed by the Commission after consulting the board. The public can have access to the annual report on the implementation of the code of practice. The board’s expenses are included in the budgetary estimates of the Commission. FROM WHEN DOES THE DECISION APPLY? It has applied since 16 March 2008. BACKGROUND The European statistics code of practice was drawn up in 2005 by the statistical programme committee (now the European statistical system committee). It is presented in the recommendation of the Commission of 25 May 2005. The code defines standards on the independence, integrity and accountability of the national and EU statistical authorities. It therefore contributes to the improvement of good governance, the quality of statistical data and user confidence in the authorities concerned. For more information, see: European statistical governance advisory board (Eurostat). MAIN DOCUMENT Decision No 235/2008/EC of the European Parliament and of the Council of 11 March 2008 establishing the European Statistical Governance Advisory Board (OJ L 73, 15.3.2008, pp. 17-19) RELATED DOCUMENTS Communication from the Commission to the European Parliament and to the Council on the independence, integrity and accountability of the national and Community statistical authorities (COM(2005) 217 final, 25.5.2005) last update 18.04.2018


18.11.2008 EN Official Journal of the European Union L 307/11 COMMISSION RECOMMENDATION of 3 October 2008 on the active inclusion of people excluded from the labour market (notified under document number C(2008) 5737) (2008/867/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular Article 211 thereof, Whereas: (1) Respect for human dignity is a founding principle of the European Union, among whose aims are the promotion of full employment and social progress, the combating of social exclusion and discrimination and the promotion of social justice and social protection. In accordance with Article 137(1)(h) of the Treaty, the Community has a role to play in supporting and complementing the activities of the Member States in the integration of persons excluded from the labour market. Article 34 of the Charter of Fundamental Rights of the European Union provides for the right to social and housing assistance so as to ensure a decent existence for all those who lack sufficient resources. (2) Council Recommendation 92/441/EEC of 24 June 1992 on common criteria concerning sufficient resources and social assistance in social protection systems (1) remains a reference instrument for Community policy in relation to poverty and social exclusion and has lost none of its relevance, although more needs to be done to implement it fully. (3) Since 1992 new policy instruments have emerged. One such instrument is the Open method of coordination on social protection and social inclusion (OMC), the objectives of which include the active social inclusion of all, to be ensured by promoting participation in the labour market and by fighting poverty and exclusion among the most marginalised people and groups (2). Another instrument is the European employment strategy, which aims, inter alia, to strengthen social inclusion, fight poverty, prevent exclusion from the labour market and support integration into employment of people at a disadvantage (3). (4) The persistence of poverty and joblessness and the growing complexities of multiple disadvantages call for comprehensive, integrated policies (4). With a view to modernising social protection systems, adequate income support needs to be combined with a link to the labour market and access to quality services in an integrated active inclusion strategy (5). This strategy is fully complementary to the flexicurity approach, while targeting those excluded from the labour market. It contributes to the Lisbon strategy by facilitating the activation and the mobility of the workforce, and represents a building block in the social dimension of the EU’s sustainable development strategy (6). (5) Consideration should be given to national priorities and the availability of financial resources when this Recommendation is gradually implemented. (6) This Recommendation and the implementation of the common principles set out herein are without prejudice to the application of Community law, including State aid rules and the General block exemption Regulation (7), and the Community rules on the award of public contracts. (7) In accordance with the principle of subsidiarity, the Member States are responsible for defining the level of income support and for establishing the appropriate policy mix in the light of the different situations and needs at local, regional and national level, HEREBY RECOMMENDS THAT THE MEMBER STATES SHOULD: 1. Design and implement an integrated comprehensive strategy for the active inclusion of people excluded from the labour market combining adequate income support, inclusive labour markets and access to quality services. Active inclusion policies should facilitate the integration into sustainable, quality employment of those who can work and provide resources which are sufficient to live in dignity, together with support for social participation, for those who cannot. 2. Ensure the effectiveness of integrated active inclusion policies through: (a) comprehensive policy design defining the right mix of the three strands of the active inclusion strategy, taking account of their joint impact on the social and economic integration of disadvantaged people and their possible interrelationships, including synergies and trade-offs; (b) integrated implementation across the three strands of the active inclusion strategy to effectively address the multifaceted causes of poverty and social exclusion and enhance coordination between public agencies and services which deliver active inclusion policies; (c) policy coordination among local, regional, national and EU authorities in the light of their particular roles, competences and priorities; (d) active participation of all other relevant actors, including those affected by poverty and social exclusion, the social partners, non-governmental organisations and service providers, in the development, implementation and evaluation of strategies. 3. Ensure that active inclusion policies: (a) support the implementation of fundamental rights; (b) promote gender equality and equal opportunities for all; (c) take careful consideration of the complexities of multiple disadvantages and the specific situations and needs of the various vulnerable groups; (d) take due account of local and regional circumstances and improve territorial cohesion; (e) be consistent with a lifecycle approach to social and employment policies so they can support intergenerational solidarity and break the intergenerational transmission of poverty. 4. Organise and implement integrated active inclusion policies in accordance with the following common principles and guidelines for each strand, while respecting the principle of subsidiarity and their different situations, needs and priorities without prejudice to the application of Community law, including State aid rules and the Community rules on the award of public contracts. (a) Adequate income support Recognise the individual’s basic right to resources and social assistance sufficient to lead a life that is compatible with human dignity as part of a comprehensive, consistent drive to combat social exclusion. (i) Review their social protection systems, as necessary, in the light of the common principles listed in paragraph B of Recommendation 92/441/EEC. In particular, under an active inclusion strategy, the right to sufficient resources should: — be combined with active availability for work or for vocational training with a view to obtaining work in the case of persons whose conditions permit such active availability, or be subject, where appropriate, to economic and social integration measures in the case of other persons, — be combined with policies deemed necessary, at national level, for the economic and social integration of those concerned. (ii) Ensure the implementation of that right in accordance with the practical guidelines in paragraphs C(1), C(2) and C(3) of Recommendation 92/441/EEC. In particular, when the resources necessary to lead a life of dignity are determined, living standards and price levels by type and size of household in the Member State concerned should be taken into account using the appropriate national indicators. Within an active inclusion framework, an incentive to seek employment for persons whose condition renders them fit for work should be safeguarded and the amounts adjusted or supplemented to meet specific needs. (b) Inclusive labour markets Adopt arrangements covering persons whose condition renders them fit for work to ensure they receive effective help to enter or re-enter and stay in employment that corresponds to their work capacity. (i) Promote the following common principles in the context of active inclusion strategies: — address the needs of people excluded from the labour market in order to facilitate their progressive reintegration into society and into the labour market and to enhance their employability, — take the necessary measures to promote inclusive labour markets in order to ensure access to employment is an opportunity open for all, — promote quality jobs, including pay and benefits, working conditions, health and safety, access to lifelong learning and career prospects, in particular with a view to preventing in-work poverty, — tackle labour market segmentation by promoting job retention and advancement. (ii) Implement these principles through the following practical guidelines: — expand and improve investment in human capital through inclusive education and training policies, including effective lifelong strategies; adapt education and training systems in response to new competence requirements, and the need for digital skills, — active and preventive labour market measures, including tailored, personalised, responsive services and support involving early identification of needs, job-search assistance, guidance and training, and motivation to seek a job actively, — continually review the incentives and disincentives resulting from tax and benefit systems, including the management and conditionality of benefits and a significant reduction in high marginal effective tax rates, in particular for those with low incomes, while ensuring adequate levels of social protection, — provide support for the social economy and sheltered employment as a vital source of entry jobs for disadvantaged people, promote financial inclusion and microloans, financial incentives for employers to recruit, the development of new sources of jobs in services, particularly at local level, and raise awareness of labour market inclusiveness, — promote adaptability and provide in-work support and a supportive environment, including attention to health and well-being, non-discrimination and the application of labour law in conjunction with social dialogue. (c) Access to quality services Take every measure to enable those concerned, in accordance with the relevant national provisions, to receive appropriate social support through access to quality services. In particular, measures should be taken to: provide services which are essential to supporting active social and economic inclusion policies, including social assistance services, employment and training services, housing support and social housing, childcare, long-term care services and health services in accordance with the following common principles, taking the role of local, regional and national authorities, applicable Community rules and the different situations, needs and preferences in the Member States into account: — territorial availability, physical accessibility, affordability, — solidarity, equal opportunities for service users and employees, and due account for diversity of users, — investment in human capital, working conditions, and adequate physical infrastructure, — comprehensive and coordinated services, conceived and delivered in an integrated manner, — users’ involvement and personalised approaches to meet the multiple needs of people as individuals, — monitoring and performance evaluation and sharing of best practice. 5. Guarantee the relevant resources and benefits under the social protection arrangements; use the provisions and resources of the Structural Funds, in particular the European Social Fund, to support active inclusion measures. Lay down detailed arrangements and finance costs and organise their administration and implementation in accordance with national legislation and/or practice. Take economic and budgetary constraints, the priorities set by national authorities and the state of public finances into account in order to strike the right balance between work incentives, poverty alleviation and sustainable budgetary costs. Take the necessary measures to ensure that all, including the least privileged, are informed of their rights and of the support available, with the aid, where appropriate, of information technologies. Simplify as far as possible the administrative procedures and arrangements for examining resources and situations. Where possible, organise in accordance with national provisions the machinery for appeals before the competent administrative authorities and, where necessary, independent third parties, such as tribunals, to which the persons concerned should have easy access. 6. Improve indicators and information systems in order to upgrade capacity to produce up-to-date, comparable information across all the active inclusion pillars. Monitor and evaluate active inclusion policies under the open method of coordination on the basis of close cooperation between the Social Protection Committee and the Employment Committee and with support from the Progress programme. Ensure consistency with the Lisbon strategy’s overall policy in relation to the social cohesion objectives. This Recommendation is addressed to the Member States. Done at Brussels, 3 October 2008. For the Commission Vladimír ŠPIDLA Member of the Commission (1) OJ L 245, 26.8.1992, p. 46. (2) Communication COM(2005) 706 — Working together, working better: a new framework for the open coordination of social protection and inclusion policies in the European Union. (3) Council Decision of 7 July 2008 on Guidelines for the employment policies of the Member States, Council Document 10614/2/082008 (not yet published in the Official Journal). (4) Communications COM(2007) 620 — Modernising social protection for greater social justice and economic cohesion: taking forward the active inclusion of people furthest from the labour market, and COM(2005) 33 on the social agenda. (5) Communication COM(2006) 44 — Concerning a consultation on action at EU level to promote the active inclusion of the people furthest from the labour market. (6) Communication COM(2007) 620 — Presidency conclusions of Brussels European Council of 14 December 2007 and SPC orientation note on active inclusion of 3 July 2008. In particular, see also Council Conclusions of 5 December 2007, Document 16139/07; opinion of the Committee of the Regions of 18 June 2008 on Active Inclusion (Doc. CdR 344/2007); opinion of the European Economic and Social Committee of 27 October 2007 on minimum social standards (Doc. CESE 892/2007). (7) Commission Regulation (EC) No 800/2008 of 6 August 2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General block exemption Regulation) (OJ L 214, 9.8.2008, p. 3).

Summary: Active inclusion of people excluded from the labour market Active inclusion of people excluded from the labour market The Commission is hereby recommending that Member States establish an integrated and comprehensive strategy for the active inclusion of people excluded from the labour market. The strategy is to be made up of three coordinated strands based on which active inclusion policies are to be implemented: sufficient income support, inclusive labour markets and access to quality services. ACT Commission Recommendation 2008/867/EC of 3 October 2008 on the active inclusion of people excluded from the labour market [Official Journal L 307 of 18.11.2008]. SUMMARY With this Recommendation, the Commission is encouraging Member States to take action for the active inclusion of people excluded from the labour market. To this end, the Commission recommends that the Member States draw up and implement an integrated comprehensive strategy. The strategy should be composed of the following three strands: sufficient income support; inclusive labour markets; access to quality services. The actions should support the employment of those who can work, providing the resources required for a dignified life, and promote the social participation of those who cannot work. The Member States are further recommended to ensure that the inclusion policies are effective. This should be done by: combining the above three strands of the strategy in an appropriate manner; implementing the strategy in an integrated manner across the three strands; coordinating the policies among authorities at local, regional, national and European Union (EU) level; including all relevant actors in the development, implementation and evaluation of the strategy. In particular, the inclusion policies should take account of fundamental rights, the promotion of equal opportunities for all, the specific needs of disadvantaged and vulnerable groups and the local and regional contexts. In addition, the inclusion policies should contribute to preventing the intergenerational transmission of poverty. Furthermore, the Commission recommends that the Member States organise and implement active inclusion policies with the detailed set of common principles and practical guidelines put forward in the document. With regard to: sufficient income support, Member States should recognise and implement the right of individuals to adequate resources and social assistance as part of consistent and comprehensive efforts to fight social exclusion; inclusive labour markets, Member States should provide assistance for those who can work to enter or re-enter and stay in employment that best relates to their capacity to work; access to quality services, Member States should ensure that proper social support is given to those that require it, in order to promote social and economic inclusion. The Member States are also recommended to ensure that the necessary resources and benefits are provided under the social protection instruments, taking into account the economic and budgetary constraints. Active inclusion measures may also be funded from the Structural Funds. Information about the rights and support measures available to all must be publicised widely, and if possible, through electronic means. In addition, Member States should simplify administrative procedures. At the same time, access for the public to the appeals systems should be made easier. Finally, the Commission is also recommending that the Member States take steps to enhance indicators and statistical data on active inclusion policies. The Open Method of Coordination (OMC) on social protection and inclusion should be employed for monitoring and evaluating these policies on the basis of close collaboration between the Social Protection and the Employment Committees and with the support of the activities funded by the Progress programme. The active inclusion measures should be aligned with the social cohesion objectives of the Lisbon Strategy. Background Poverty and social exclusion are addressed, in particular, in the Council Recommendation 92/441/EEC of 24 June 1992 on common criteria concerning sufficient resources and social assistance in social protection systems. While this Recommendation still applies, additional measures need to be taken to implement it fully. Subsequent instruments include, among others, the OMC on social protection and inclusion and the European employment strategy. Furthermore, the persisting problems, especially in terms of poverty and joblessness, require that social protection systems are modernised and that comprehensive and integrated policies are initiated. These are the objectives of the "active inclusion" approach that complements social assistance benefits with support to enter the labour market and with access to quality services. See also For further information, please visit the European Commission Directorate-General for Employment, Social Affairs and Equal Opportunities website on active inclusion. Last updated: 03.12.2008


30.7.2008 EN Official Journal of the European Union L 201/49 DECISION No 742/2008/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 9 July 2008 on the Community’s participation in a research and development programme undertaken by several Member States aimed at enhancing the quality of life of older people through the use of new information and communication technologies (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Articles 169 and 172, second paragraph, thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Economic and Social Committee, Acting in accordance with the procedure laid down in Article 251 of the Treaty (1), Whereas: (1) Decision No 1982/2006/EC of the European Parliament and of the Council of 18 December 2006 concerning the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013) (2) (hereinafter referred to as the Seventh Framework Programme) provides for Community participation in research and development programmes undertaken by several Member States, including participation in the structures created for the execution of those programmes, within the meaning of Article 169 of the Treaty. (2) The Seventh Framework Programme has defined a series of criteria for the identification of areas for such Article 169 initiatives: the relevance to Community objectives, the clear definition of the objective to be pursued and its relevance to the objectives of the Seventh Framework Programme, the presence of a pre-existing basis (existing or envisaged national research programmes), European added value, a critical mass with regard to the size and number of programmes involved and the similarity of activities they cover, and the efficiency of Article 169 as the most appropriate means for achieving the objectives. (3) Council Decision 2006/971/EC of 19 December 2006 concerning the Specific Programme ‘Cooperation’ implementing the Seventh Framework programme of the European Community for research, technological development and demonstration activities (2007 to 2013) (3) (hereinafter referred to as the Specific Programme ‘Cooperation’) identifies an Article 169 initiative in the field of ambient assisted living as one of the fields suitable for Community participation in national research programmes jointly implemented on the basis of Article 169 of the Treaty. (4) In its Communication of 1 June 2005 entitled ‘i2010 — A European information society for growth and employment’, the Commission proposed to launch a flagship initiative on caring for people in an ageing society. (5) In its Communication of 12 October 2006 entitled ‘The demographic future of Europe — from challenge to opportunity’, the Commission underlined the fact that demographic ageing is one of the main challenges facing all countries in the European Union and that increased use of new technologies could help to control costs, improve well-being and promote the active participation in society of elderly people, as well as improving the competitiveness of the European economy, in support of the revised Lisbon Strategy for growth and jobs. (6) In the field of information and communication technologies (ICT) in particular, the fact of an ageing population can be seen as an opportunity for an emerging market for new goods and services which respond to the needs of the elderly. However, the rapid development and use of new ICT should not lead to social exclusion or a widening of the digital divide; however, digital literacy is a precondition for inclusion and participation in the information society. (7) The present initiative in the field of ambient assisted living should take into account the reality of the ageing population in Europe, where the percentage of women is higher than that of men due to the longer average life expectancy of women. (8) Active ageing is a core element in the renewed employment guidelines. The EU approach to ageing aims at mobilising the full potential of people of all ages — the lifecycle approach — and stresses the need to shift from fragmented to comprehensive ageing strategies. (9) At present, a number of research and development programmes or activities undertaken by Member States individually at national level in the field of ICT for ageing well are not sufficiently coordinated at European level and do not allow a coherent approach at European level for research and development of innovative ICT-based products and services for ageing well. (10) Wishing to have a coherent approach at European level in the field of ICT for ageing well and to act effectively, several Member States have taken the initiative in setting up a joint research and development programme entitled ‘Ambient Assisted Living’ (hereinafter referred to as the AAL Joint Programme) in the field of ICT for ageing well in the information society, in order to obtain synergies in terms of management and financial resources by ensuring a single common evaluation mechanism with the assistance of independent experts, on the basis of established practice as set out in Regulation (EC) No 1906/2006 of the European Parliament and of the Council of 18 December 2006 laying down the rules for the participation of undertakings, research centres and universities in actions under the Seventh Framework Programme and for the dissemination of research results (2007-2013) (4), and the combination of additional expertise and resources available in various countries across Europe. (11) The AAL Joint Programme aims at addressing the challenge of demographic ageing by providing the necessary legal and organisational framework for large-scale European cooperation between Member States in applied research and innovation in the area of ICT for ageing well in an ageing society. Belgium, Denmark, Germany, Ireland, Greece, Spain, France, Italy, Cyprus, Luxembourg, Hungary, the Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Finland, Sweden and the United Kingdom (hereinafter referred to as the participating Member States) and Israel, Norway and Switzerland have agreed to coordinate and implement jointly activities aimed at contributing to the AAL Joint Programme. The overall value of their participation is estimated at a minimum of EUR 150 million for the duration of the Seventh Framework Programme. The participation of each of these countries in the AAL Joint Programme should be subject to a minimum financial contribution commensurate with the potential demand from its national research communities and should normally be at least EUR 0,2 million if the country is to participate in the annual work programme. (12) The AAL Joint Programme should also promote the involvement of small and medium-sized enterprises (SMEs) in its activities in accordance with the objectives of the Seventh Framework Programme. (13) In order to increase the impact of the AAL Joint Programme, the participating Member States, Israel, Norway and Switzerland have agreed to the Community’s participation in it. The Community should participate in the Programme by making a financial contribution of up to EUR 150 million. Given that the AAL Joint Programme meets the scientific objectives of the Seventh Framework Programme and that the research field of the AAL Joint Programme falls within the ICT theme of the Specific Programme ‘Cooperation’, the Community financial contribution should be taken from the budget appropriation allocated to that theme. Further financing options may be available, inter alia, from the European Investment Bank (EIB), in particular through the Risk-Sharing Finance Facility developed jointly by the EIB and the Commission pursuant to Annex III to Decision 2006/971/EC. (14) The Community financial support should be provided subject to the definition of a financing plan based on formal commitments from the competent national authorities to implement jointly the research and development programmes and activities undertaken at national level and to contribute to the financing of the joint execution of the AAL Joint Programme. (15) The joint implementation of the national research programmes requires the establishment or existence of a dedicated implementation structure, as provided for in the Specific Programme ‘Cooperation’. (16) The participating Member States have agreed on such a dedicated implementation structure to implement the AAL Joint Programme. (17) The dedicated implementation structure should be the recipient of the financial contribution from the Community and should ensure the efficient execution of the AAL Joint Programme. (18) In order to implement the AAL Joint Programme efficiently, the dedicated implementation structure should grant financial support to third parties participating in the AAL Joint Programme which are selected following calls for proposals. (19) The Community contribution should be subject to the commitment of resources by the participating Member States, Israel, Norway and Switzerland and the effective payment of their financial contributions. (20) The Community should have the right to reduce, withhold or terminate its financial contribution if the AAL Joint Programme is implemented inadequately, partially or late, on the terms set out in an agreement to be concluded between the Community and the dedicated implementation structure laying down the detailed arrangements for the Community contribution. (21) Any Member State should be able to join the AAL Joint Programme. (22) In accordance with the Seventh Framework Programme, the Community should have the right to agree conditions relating to its financial contribution to the AAL Joint Programme concerning the participation therein of any country associated with the Seventh Framework Programme or, where essential for implementing the AAL Joint Programme, of any other country, joining the Programme in the course of its implementation, in accordance with this Decision. (23) Appropriate measures should be taken to prevent irregularities and fraud and the necessary steps should be taken to recover funds lost, wrongly paid or incorrectly used in accordance with Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities’ financial interests (5), Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities (6), and Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (7). (24) In accordance with Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (8) (hereinafter referred to as the Financial Regulation) and Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (9) (hereinafter referred to as the Implementing Rules), the Community contribution should be managed in the framework of indirect centralised management in accordance with the provisions of Articles 54(2)(c) and 56 of the Financial Regulation, and Articles 35, 38(2) and 41 of the Implementing Rules. (25) It is essential that the research activities carried out under the AAL Joint Programme conform to basic ethical principles, including those reflected in Article 6 of the Treaty on European Union and in the Charter of Fundamental Rights of the European Union, and follow the principles of gender mainstreaming and gender equality. In the execution of the Programme account should also be taken of the promotion of the role of women in science and research. (26) The AAL Joint Programme should also aim at promoting equitable and simplified access to relevant ICT-based products and services across all Member States. (27) The Commission should conduct an interim evaluation by 2010, assessing the quality and efficiency of the implementation of the AAL Joint Programme and progress towards the objectives set. That evaluation should also assess the need for further interim evaluations to be conducted before the final evaluation at the end of 2013, HAVE ADOPTED THIS DECISION: Article 1 1. In implementing the Seventh Framework Programme, the Community shall make a financial contribution to the ambient assisted living joint research and development programme (the AAL Joint Programme) undertaken jointly by Belgium, Denmark, Germany, Ireland, Greece, Spain, France, Italy, Cyprus, Luxembourg, Hungary, the Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Finland, Sweden and the United Kingdom (the participating Member States) as well as Israel, Norway and Switzerland. 2. The Community shall pay a financial contribution amounting to a maximum of EUR 150 million for the duration of the Seventh Framework Programme for the implementation of the AAL Joint Programme, in accordance with the principles set out in Annex I, which forms an integral part of this Decision. 3. The Community financial contribution shall be paid from the appropriation in the general budget of the European Union allocated to the information and communication technologies (ICT) theme of the Specific Programme ‘Cooperation’. Article 2 The Community financial contribution shall be conditional upon: (a) demonstration by the participating Member States, Israel, Norway and Switzerland that the AAL Joint Programme as described in Annex I has been efficiently set up; (b) the formal establishment or designation by the participating Member States, Israel, Norway and Switzerland, or organisations designated by the participating Member States, Israel, Norway and Switzerland, of a dedicated implementation structure with legal personality which shall be responsible for implementing the AAL Joint Programme and for receiving, allocating and monitoring the Community financial contribution in the framework of indirect centralised management in accordance with Articles 54(2)(c) and 56 of the Financial Regulation and Articles 35, 38(2) and 41 of the Implementing Rules; (c) the establishment of an appropriate and efficient governance model for the AAL Joint Programme in conformity with the guidelines set out in Annex II, which forms an integral part of this Decision; (d) efficient carrying out of the activities under the AAL Joint Programme described in Annex I by the dedicated implementation structure, which entails the launch of calls for proposals for the award of grants; (e) commitments by the participating Member States, Israel, Norway and Switzerland to contribute to the financing of the AAL Joint Programme and the effective payment of their financial contribution, in particular the funding of participants in the projects selected following the calls for proposals launched under the AAL Joint Programme; (f) compliance with the State aid rules of the Community, and in particular the rules set out in the Community Framework for State Aid for Research and Development and Innovation (10); (g) ensuring a high level of scientific excellence and observance of ethical principles in accordance with the general principles of the Seventh Framework Programme, of gender mainstreaming and gender equality and of sustainable development; and (h) the formulation of provisions governing the intellectual property rights arising from the activities carried out under the AAL Joint Programme and the implementation and coordination of the research and development programmes and activities undertaken at national level by the participating Member States, Israel, Norway and Switzerland in such a way that they aim at promoting the creation of such knowledge and at supporting wide use and dissemination of the knowledge created. Article 3 In the implementation of the AAL Joint Programme, the granting of financial support by the dedicated implementation structure to third parties, and in particular financial support provided to participants in projects selected following calls for proposals for the award of grants, shall be subject to the principles of equal treatment and transparency, predictability for applicants and independent evaluation. The financial support to third parties shall be granted on the basis of scientific excellence, socioeconomic impact at European level and relevance to the overall objectives of the programme, in accordance with the principles and procedures set out in Annex I. Article 4 The arrangements for the Community financial contribution and the rules relating to financial liability and intellectual property rights, as well as the detailed rules for the provision of financial support by the dedicated implementation structure to third parties, shall be established by means of a general agreement to be concluded between the Commission, on behalf of the Community, and the dedicated implementation structure, and annual financing agreements. Article 5 If the AAL Joint Programme is not implemented or is implemented inadequately, partially or late, the Community may reduce, withhold or terminate its financial contribution in line with the actual implementation of the AAL Joint Programme. If the participating Member States, Israel, Norway and Switzerland do not contribute or contribute only partially or late to the financing of the AAL Joint Programme, the Community may reduce its financial contribution in line with the actual amount of public funding allocated by the participating Member States, Israel, Norway and Switzerland on the terms laid down in the agreement to be concluded between the Commission and the dedicated implementation structure. Article 6 In implementing the AAL Joint Programme, the participating Member States, Israel, Norway and Switzerland shall take all the legislative, regulatory, administrative or other measures necessary for protecting the Communities’ financial interests. In particular, the participating Member States, Israel, Norway and Switzerland shall take the necessary measures to ensure full recovery of any amounts due to the Community, in accordance with Article 54(2)(c) of the Financial Regulation and Article 38(2) of the Implementing Rules. Article 7 The Commission and the Court of Auditors may, through their officials or agents, carry out all the checks and inspections needed to ensure proper management of the Community funds and protect the financial interests of the Community against any fraud or irregularity. To this end, the participating Member States, Israel, Norway and Switzerland and the dedicated implementation structure shall, in due course, make all relevant documents available to the Commission and the Court of Auditors. Article 8 The Commission shall communicate all relevant information to the European Parliament, the Council and the Court of Auditors. The participating Member States, Israel, Norway and Switzerland are invited to submit to the Commission, through the dedicated implementation structure, any additional information required by the European Parliament, the Council or the Court of Auditors concerning the financial management of the dedicated implementation structure that is consistent with the overall reporting requirements set out in Article 12(1). Article 9 Any Member State may join the AAL Joint Programme, in accordance with the criteria set out in Article 2(e) to (h). Article 10 Any third country may join the AAL Joint Programme, in accordance with the criteria set out in Article 2(e) to (h) and, provided that such participation is covered by the relevant international agreement and provided that both the Commission and the participating Member States, Israel, Norway and Switzerland agree to it. Article 11 Conditions relating to the Community financial contribution concerning the participation in the AAL Joint Programme of any country associated with the Seventh Framework Programme or, where essential for implementing the AAL Joint Programme, of any other country, may be agreed by the Community on the basis of the rules set out in this Decision and of any implementing rules and arrangements. Article 12 1. The annual report on the Seventh Framework Programme presented to the European Parliament and the Council pursuant to Article 173 of the Treaty shall include a report on the activities of the AAL Joint Programme. 2. An interim evaluation of the AAL Joint Programme shall be carried out by the Commission two years after the start of the Programme, but in any case no later than 2010. If deemed necessary after the first interim evaluation, further interim evaluations may be carried out. The interim evaluation shall cover the progress towards the objectives of the AAL Joint Programme set out in Annex I, including recommendations on the most appropriate ways to further enhance integration, the quality and efficiency of the implementation, including scientific, management and financial integration, of the AAL Joint Programme and whether the level of the financial contributions of the participating Member States, Israel, Norway and Switzerland is appropriate, given the potential demand from their various national research communities. Experience from other joint programmes carried out under Article 169 of the Treaty shall also be taken into account. The Commission shall communicate the conclusions of the interim evaluation, accompanied by its observations and, where appropriate, proposals for the adaptation of this Decision, to the European Parliament and the Council. 3. At the end of 2013, the Commission shall conduct a final evaluation of the AAL Joint Programme. The results of the final evaluation shall be presented to the European Parliament and the Council. Article 13 This Decision shall enter into force on the third day following its publication in the Official Journal of the European Union. Article 14 This Decision is addressed to the Member States. Done at Strasbourg, 9 July 2008. For the European Parliament The President H.-G. PÖTTERING For the Council The President J.-P. JOUYET (1) Opinion of the European Parliament of 13 March 2008 (not yet published in the Official Journal) and Council Decision of 23 June 2008. (2) OJ L 412, 30.12.2006, p. 1. (3) OJ L 400, 30.12.2006, p. 86. (4) OJ L 391, 30.12.2006, p. 1. (5) OJ L 312, 23.12.1995, p. 1. Regulation as amended by Commission Regulation (EC) No 1233/2007 (OJ L 279, 23.10.2007, p. 10). (6) OJ L 292, 15.11.1996, p. 2. (7) OJ L 136, 31.5.1999, p. 1. (8) OJ L 248, 16.9.2002, p. 1. Regulation as last amended by Council Regulation (EC) No 1525/2007 (OJ L 343, 27.12.2007, p. 9). (9) OJ L 357, 31.12.2002, p. 1. Regulation as last amended by Commission Regulation (EC, Euratom) No 478/2007 (OJ L 111, 28.4.2007, p. 13). (10) OJ C 323, 30.12.2006, p. 1. ANNEX I DESCRIPTION OF THE OBJECTIVES, THE ACTIVITIES AND THE IMPLEMENTATION OF THE AAL JOINT PROGRAMME I. Specific aims The AAL Joint Programme has the following specific aims: — foster the emergence of innovative ICT-based products, services and systems for ageing well at home, in the community, and at work, thus improving the quality of life, autonomy, participation in social life, skills and employability of older people and reducing the costs of health and social care. This may be based, for example, on innovative utilisation of ICT, new methods of customer interaction or new types of value chains for independent living services. The results of the AAL Joint Programme could also be used by other groups of people, namely people with disabilities, — create a critical mass of research, development and innovation at EU level in the areas of technologies and services for ageing well in the information society, including the establishment of a favourable environment for the participation of small and medium-sized enterprises (SMEs) in the Programme, — improve conditions for the industrial exploitation of research results by providing a coherent European framework for developing common approaches, including common minimum standards and facilitating the localisation and adaptation of common solutions which are compatible with varying social preferences and regulatory aspects at national or regional level across Europe. By focusing on applied research, the AAL Joint Programme will complement related longer-term research activities envisaged under the Seventh Framework Programme, as well as the demonstration activities forming part of the Competitiveness and Innovation Framework Programme (2007 to 2013) established by Decision No 1639/2006/EC of the European Parliament and of the Council (1), which focuses on large-scale uptake of existing solutions. Through its activities, the AAL Joint Programme shall contribute to the achievement of the renewed Lisbon Strategy objectives and the knowledge-based society, while endeavouring to ensure that the use of new technologies does not lead to social exclusion. The Programme shall also promote the development of cost-effective solutions that can help to ensure equitable, simplified access to ICT products and services, including access to services through a choice of different channels that respect the privacy and dignity of the elderly in all regions of Europe, including rural and peripheral areas. Moreover, the AAL Joint Programme should promote innovation in and co-financing from the private sector, in particular SMEs, for market-related projects and the adaptation of technology and solutions developed under projects to the needs of the elderly, with a view to their increased social participation. Wherever possible, complementarity and synergies between the AAL Joint Programme and other Community, national and regional programmes shall be ensured. Due account shall be taken of possible ethical and privacy issues, in line with international guidelines. II. Activities The main activity in the AAL Joint Programme consists of research, development and innovation activities. These are to be implemented via shared-cost transnational projects involving partners from at least three different countries from among the participating Member States, Israel, Norway and Switzerland and other participating countries addressing research, technological development, demonstration and dissemination activities. These should be targeted at market-oriented research, should be of short to medium-term duration and should demonstrate the capability to exploit the project results within a realistic time frame. In addition, brokerage, programme promotion and networking activities may be implemented through dedicated events or in combination with existing events. These shall include the organisation of workshops and the establishment of contacts with other stakeholders in the value chain. The AAL Joint Programme shall entail consultation with relevant European stakeholders (such as decision-makers from ministries and public sector authorities, private-sector service and insurance providers as well as industry, SMEs and user representatives) concerning the research priorities to be addressed and the implementation of the programme. The AAL Joint Programme should also take into account demographic trends and demographic research in the various countries of Europe in order to provide solutions that reflect the social and economic situation across the Union. III. Programme implementation Annual work programme and calls for proposals The AAL Joint Programme shall be implemented on the basis of annual work programmes identifying topics for calls for proposals to be agreed with the Commission as a basis for the financial contribution from the Community. The AAL Joint Programme shall issue regular calls for proposals in line with the agreed annual work programme. Proposals are submitted centrally to the dedicated implementation structure by the applicants (single entry point). After the closure of a call for proposals, a central eligibility check shall be carried out by the dedicated implementation structure in cooperation with the national programme management agencies. The check shall be performed on the basis of the common eligibility criteria for the AAL Joint Programme which shall be published with the annual work programme and shall include at least the following: — timely, complete and electronic submission of the proposal, and — the fulfilment of obligations concerning the composition of consortia. In addition, the dedicated implementation structure shall, with the assistance of the national programme management agencies, check the fulfilment of national eligibility criteria published with the annual work programme and set out in the calls for proposals. The national eligibility criteria shall relate only to the legal and financial status of the individual applicants and not to the content of the proposal and shall cover: — applicant type, including legal status and purpose, — liability and viability, including financial soundness, fulfilment of fiscal and social obligations. Eligible project proposals shall be evaluated and selected centrally with the assistance of independent experts, on the basis of transparent and common evaluation criteria, as set out in the work programme. This selection, once adopted by the General Assembly, shall be binding on the participating Member States, Israel, Norway and Switzerland. The dedicated implementation structure shall be responsible for monitoring projects, and common operational procedures to manage the full project cycle shall be put in place. As administrative matters concerning national project partners within the selected projects shall be handled by their national Programme Management Agency, national eligibility criteria strictly relating to the legal and financial status of individual participants, as specified above, as well as the national administrative principles shall be applied. Where, at the contracting stage, a participant fails to meet one of the national eligibility criteria, the AAL Joint Programme shall safeguard scientific excellence. For this purpose, the Executive Board may decide that an additional central independent evaluation of the proposal concerned should be carried out with the assistance of independent experts, in order to evaluate the proposal without the participation of the participant in question or, if suggested by the project consortium, with a replacement participant. Each country shall finance its national participants whose proposals are successful through national agencies that shall additionally channel the central funding from the dedicated implementation structure, on the basis of an agreement to be concluded between the respective national agencies and their national participants for each project. Ensuring scientific, management and financial integration The AAL Joint Programme shall ensure scientific integration of the participating national programmes by drawing up common work programmes and call topics across all the national programmes. Management integration of the national programmes shall be ensured by the legal entity set up by the participating Member States and Israel, Norway and Switzerland. Management of the AAL Joint Programme shall include: — central organisation of the calls for proposals, — central, independent and transparent evaluation by experts at European level based on common rules and criteria for the evaluation and selection of the proposals on the basis of scientific excellence, — single submission address (electronic submission is envisaged). The AAL Joint Programme shall strengthen financial integration by: — ensuring overall national funding commitments for the duration of the initiative as well as annual commitments for each proposed work programme, — ensuring that the final ranking of proposals agreed on the basis of the evaluation will be binding on the participating Member States, Israel, Norway and Switzerland as described above, including at the contracting stage, — promoting flexibility in national budget allocation as far as possible to handle exceptions, e.g. by increasing national contributions or cross-financing. Every effort shall be made by the participating Member States to strengthen integration and remove existing national legal and administrative barriers for international cooperation as part of the initiative. IV. Funding principles The Community contribution shall represent a fixed percentage of the overall public funding from the participating national programmes, but shall in any case not exceed 50 % of the total public funding of a participant in a project selected following calls for proposals under the AAL Joint Programme. This fixed percentage shall be defined in the agreement between the dedicated implementation structure and the Commission and shall be based on the multiannual commitment of the participating Member States and Israel, Norway and Switzerland and the Community contribution. A maximum of 6 % of the Community financial contribution shall be used to contribute to the overall operational costs of the AAL Joint Programme. The participating Member States, Israel, Norway and Switzerland shall also contribute to ensure the effective operation of the AAL Joint Programme. Projects shall be co-financed by the project participants. V. Deliverables expected from the implementation of the AAL Joint Programme An annual report shall be provided by the dedicated implementation structure, which shall give a detailed overview of the implementation of the AAL Joint Programme (number of projects submitted and selected for funding, use of the Community funding, distribution of national funds, types of participant, country statistics, brokerage events and dissemination activities, etc.) and progress towards further integration. The deliverables expected shall be set out in greater detail in the agreement to be concluded between the Commission, on behalf of the Community, and the dedicated implementation structure. (1) OJ L 310, 9.11.2006, p. 15. ANNEX II GUIDELINES FOR THE GOVERNANCE OF THE AAL JOINT PROGRAMME The organisational structure for the AAL Joint Programme is as follows: The AAL Association, an international not-for-profit association established under Belgian law, constitutes the dedicated implementation structure created by the participating Member States and Israel, Norway and Switzerland. The AAL Association is responsible for all the activities of the AAL Joint Programme. The AAL Association’s tasks include contract and budget management, the development of the annual work programmes, organisation of the calls for proposals, handling of the evaluation and ranking of projects. In addition, it supervises project monitoring and transfers the associated payments of the Community contributions to nominated national programme agencies. It also organises dissemination activities. The AAL Association is governed by the General Assembly. The General Assembly, which is the decision-making body of the AAL Joint Programme, appoints the members of the Executive Board and supervises the implementation of the AAL Joint Programme, including approval of annual work programmes, allocation of national funding to projects and applications for new membership. It will work on the basis of a one-country one-vote principle. Decisions are taken by simple majority, except for decisions on the succession, admission or exclusion of members or the dissolution of the Association, for which specific voting requirements may be set out in the statutes of the Association. The Commission has observer status in the meetings of the General Assembly. The AAL Executive Board — consisting of at least a president, a vice-president and a treasurer — is elected by the General Assembly to undertake the specific management responsibilities such as budget planning, staffing and contracting. It legally represents the Association and reports to the General Assembly. National programme management agencies are authorised by the participating Member States and Israel, Norway and Switzerland to undertake work associated with project management and administrative and legal aspects for the national project partners as well as to provide support for the evaluation and negotiation of project proposals. They work under the supervision of the AAL Association. An Advisory Board with representatives from industry and other stakeholders, including representatives of people of different generations, will provide recommendations for priorities and topics to be addressed in the calls for proposals of the AAL Joint Programme.

Summary: Ageing well in the information society: The Ambient Assisted Living (AAL) Programme Ageing well in the information society: The Ambient Assisted Living (AAL) Programme European Union (EU) Member States are faced with an ageing population and its consequences on stability and economic competitiveness. The Ambient Assisted Living (AAL) Joint Programme supports the development of new technologies that contribute to the social inclusion of older people and allow them to stay active for longer. SUMMARY Decision N° 742/2008/EC of the European Parliament and of the Council of 9 July 2008 on the Community’s participation in a research and development programme undertaken by several Member States aimed at enhancing the quality of life of older people through the use of new information and communication technologies (Text with EEA relevance). The Ambient Assisted Living (AAL) Joint Programme was set up on the initiative of several Member States to encourage research and development concerning the ageing of the population and the use of information and communication technologies (ICTs). The programme is aimed at applied research for the development of products and services to enhance autonomy, employability and participation of older people in society. The European Community is participating in the AAL Joint Programme which has been undertaken by several Member States within the meaning of Article 169 of the Treaty. It is co-financing activities of research, development and innovation through the ICT initiative of the Specific Programme 'Cooperation' implementing the 7th Framework Programme for Research and Development (FP7). The European Union (EU) Member states participating in the programme are: Germany, Austria, Belgium, Cyprus, Denmark, Spain, France, Finland, Greece, Hungary, Ireland, Italy, Luxembourg, the Netherlands, Poland, Portugal, Romania, the United Kingdom, Slovenia and Sweden. In addition, some third countries, Israel, Norway and Switzerland, are participating in the programme by carrying out joint activities. The States undertake to contribute to funding the programme. They must respect the Community regulations concerning State aid and intellectual property. They are, moreover, subject to transversal principles of scientific excellence, ethics, gender equality and contribution to sustainable development. Implementation of the programme The AAL Association is the body responsible for executing the programme. It has been created as an international non-profit association according to Belgian law. Its General Assembly is the decision-making body for the programme. The Commission participates in its meetings as an observer member. In line with the general agreement and the financial agreements that it has concluded with the Commission, the AAL Association is responsible for: preparing annual work programmes, procedures for calls for proposals and the selection and monitoring of projects; the integration of national programmes in scientific, administrative and financial domains; managing the Community’s financial contribution and in particular its transfer to national agencies managing the programme. The national agencies will be responsible for receiving and allocating national financial contributions. Monitoring and evaluation of the programme The Commission and the European Court of Auditors will monitor the sound administration of the AAL Association. In addition, if the programme’s performance is not satisfactory or if national contributions are not paid, the Commission may withdraw its funding. The results of the programme will be presented annually by the AAL Association, and also as part of FP7. The Commission will present two reports evaluating the programme to the Council and to the European Parliament, at an intermediary stage and then at the end of the programming period. Context The EU must take advantage of the extended life expectancy of its citizens and transform this demographic challenge into an opportunity. The ageing of the population must be considered in relation to the objectives for growth and employment in the Renewed Lisbon Strategy. Act Entry into force Transposition in the Member States Official Journal Decision 742/2008/EC 2.8.2008 - OJ L 201 of 30.7.2008 See also For further information, please consult the Ambient Assisted Living Joint Programme website Last updated: 18.02.2009