Regulation (EU) 2016/589 of the European Parliament and of the Council of 13 April 2016 on a European network of employment services (EURES), workers' access to mobility services and the further integration of labour markets, and amending Regulations (EU) No 492/2011 and (EU) No 1296/2013 (Text with EEA relevance)

REGULATION (EU) 2016/589 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 13 April 2016

on a European network of employment services (EURES), workers' access to mobility services and the further integration of labour markets, and amending Regulations (EU) No 492/2011 and (EU) No 1296/2013

(Text with EEA relevance)

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter

This Regulation establishes a framework for cooperation to facilitate the exercise of the freedom of movement for workers within the Union in accordance with Article 45 TFEU, by laying down principles and rules on:

(a)the organisation of the EURES network between the Commission, the European Labour Authority and the Member States;

(b)cooperation between the Commission, the European Labour Authority and the Member States on sharing relevant available data on job vacancies, job applications and CVs;

(c)actions by and between Member States to achieve a balance between supply and demand in the labour market, with a view to achieving a high level of quality employment;

(d)the functioning of the EURES network, including cooperation with the social partners and involvement of other actors;

(e)mobility support services related to the functioning of the EURES network to be provided to workers and employers, thereby also promoting mobility on a fair basis;

(f)promotion of the EURES network at Union level through effective communication measures taken by the Commission, the European Labour Authority and the Member States.

Article 2

Scope

This Regulation shall apply to the Member States and citizens of the Union without prejudice to Articles 2 and 3 of Regulation (EU) No 492/2011.

Article 3

Definitions

For the purpose of this Regulation, the following definitions apply:

(1)‘public employment services’ or ‘PES’ means the organisations of the Member States, as part of relevant ministries, public bodies or corporations falling under public law, that are responsible for implementing active labour market policies and providing quality employment services in the public interest;

(2)‘employment services’ means a legal entity lawfully operating in a Member State which provides services for workers seeking employment and for employers wishing to recruit workers;

(3)‘job vacancy’ means an offer of employment which would allow the successful applicant to enter into an employment relationship that would qualify that applicant as a worker for the purposes of Article 45 TFEU;

(4)‘clearance’ means the exchange of information and processing of job vacancies, job applications and CVs;

(5)‘common IT platform’ means the IT infrastructure and related platforms set up at Union level for the purpose of transparency and clearance in accordance with this Regulation;

(6)‘frontier worker’ means a worker pursuing an activity as an employed person in a Member State and who resides in another Member State to which that worker returns as a rule daily or at least once a week;

(7)‘EURES cross-border partnership’ means a grouping of EURES Members or Partners and, where relevant, other stakeholders outside of the EURES network, with the intention of long-term cooperation in regional structures, set up in cross-border regions between: the employment services on regional, local and, where appropriate, national level; the social partners; and, where relevant, other stakeholders of at least two Member States or a Member State and another country participating in the Union instruments aiming to support the EURES network;

(8)‘European Labour Authority’ means the body established pursuant to Regulation (EU) 2019/1149 of the European Parliament and of the Council (¹).

Article 4

Accessibility

CHAPTER II

RE-ESTABLISHMENT OF THE EURES NETWORK

Article 5

Re-establishment of the EURES network

Article 6

Objectives of the EURES network

The EURES network shall, within the areas of its activities, contribute to the following objectives:

(a)facilitating the exercise of the rights conferred by Article 45 TFEU and by Regulation (EU) No 492/2011;

(b)implementing the coordinated strategy for employment and, in particular, for promoting a skilled, trained and adaptable workforce as referred to in Article 145 TFEU;

(c)improving the functioning, cohesion and integration of the labour markets in the Union, including at cross-border level;

(d)promoting voluntary geographical and occupational mobility in the Union, including in cross-border regions, on a fair basis and in compliance with Union and national law and practice;

(e)supporting transitions into the labour market, thereby promoting the social and employment objectives referred to in Article 3 TEU.

Article 7

Composition of the EURES network

(a)a European Coordination Office, which shall be established within the European Labour Authority and which shall be responsible for assisting the EURES network in carrying out its activities;

(b)national coordination offices (NCOs) responsible for the application of this Regulation in the respective Member State, which shall be designated by the Member States and which may be their PES;

(c)the EURES Members, namely:

(i)the PES appointed by the Member States in accordance with Article 10; and

(ii)organisations admitted in accordance with Article 11, or, for a transitional period in accordance with Article 40, to provide at national, regional or local level, including on a cross-border basis, support with clearance and support services to workers and employers;

(d)the EURES Partners, which are organisations admitted in accordance with Article 11, and in particular with paragraphs 2 and 4 thereof, or for a transitional period in accordance with Article 40, to provide at national, regional or local level, including on a cross-border basis, support with clearance or support services to workers and employers;

(e)the Commission.

Article 8

Responsibilities of the European Coordination Office

(a)the formulation of a coherent framework and the provision of horizontal support activities for the benefit of the EURES network, including:

(i)as the system owner for the EURES portal, and related IT services, the definition of user needs and business requirements to be transmitted to the Commission for the operation and development of the portal, including its systems and procedures for the exchange of job vacancies, job applications, CVs and supporting documents and other information, in cooperation with other relevant Union information and advisory services or networks, and initiatives;

(ii)information and communication activities regarding the EURES network;

(iii)a common training programme and continuing professional development for the staff of the EURES Members and Partners and of the NCOs, ensuring the necessary expertise;

(iv)a helpdesk function supporting the staff of the EURES Members and Partners and NCOs, in particular the staff in direct contact with workers and employers;

(v)the facilitation of networking, exchange of best practices and mutual learning within the EURES network;

(b)the analysis of geographic and occupational mobility, taking into account the different situations in the Member States;

(c)the development of an appropriate cooperation and clearance structure within the Union for apprenticeships and traineeships, in accordance with this Regulation.

Article 9

Responsibilities of the NCOs

(a)the organisation of work relating to the EURES network in the Member State, including ensuring a coordinated transfer to the EURES portal of information on job vacancies, job applications and CVs in accordance with Article 17 through a single coordinated channel;

(b)cooperation with the Commission, the European Labour Authority and the Member States on the clearance within the framework set in Chapter III;

(c)providing the European Coordination Office with any available information on discrepancies between the number of job vacancies notified and the total number of job vacancies at national level;

(d)the coordination of actions within the Member State concerned and together with other Member States in accordance with Chapter V.

(a)for the purpose of publication, in particular on the EURES portal, the collection and validation of up-to-date information on the EURES Members and Partners operating on the NCO's national territory, their activities and the scope of the support services that they provide to workers and employers;

(b)the provision of pre-training activities relating to EURES activity and the selection of staff for participation in the common training programme and in mutual learning activities;

(c)the collection and analysis of data relating to Articles 31 and 32.

(a)living and working conditions, including general information on social security and tax payments;

(b)the relevant administrative procedures regarding employment, and the rules applicable to workers upon taking up employment;

(c)its national regulatory framework for apprenticeships and traineeships and existing Union rules and instruments;

(d)without prejudice to point (b) of Article 17(2), access to vocational education and training;

(e)the situation of frontier workers in particular in cross-border regions;

(f)post-recruitment assistance in general and information about where to obtain such assistance within and, if such information is available, outside the EURES network.

Where appropriate, NCOs may make available and disseminate the information in cooperation with other information and advisory services and networks and appropriate bodies at national level, including those referred to in Article 4 of Directive 2014/54/EU.

Article 10

Appointment of PES as EURES Members

Article 11

Admission as EURES Members (other than PES) and as EURES Partners