Employment policy and social dialogue in the enlargement process Katja de Sadeleer DG Enlargement [email protected] http://ec.europa.eu/enlargement/index.htm 1 Candidate countries and potential candidate countries 2 Candidate countries In negotiation Croatia opening of accession negotiations October 3, 2005 Turkey opening of accession negotiations October 3, 2005 Candidate status The former Yugoslav Republic of Macedonia: (European Council, December 2005) 3 EU Accession process: Social dialogue, Employment policy Political criteria 1.1 Democracy and the rule of law 1.2 Human rights and the protection of minorities Observance of international human rights law Civil and political rights Economic and social rights, incl. labour and trade union rights Minority rights, cultural rights and protection of minorities Economic criteria, incl. trends on the labour market Negotiating chapter ”Social policy and employment” Social dialogue Employment policy, incl. undeclared work 4 Accession negotiations: Chapters 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. Free movement of goods Freedom of movement for workers Right of establishment and freedom to provide services Free movement of capital Public procurement Company law Intellectual property law Competition policy Financial services Information society and media Agriculture Food safety, veterinary and phytosanitary policy Fisheries Transport policy Energy Taxation Economic and monetary policy Statistics 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. Social policy and employment Enterprise and industrial policy Trans-European Networks Regional policy and coordination of structural instruments Judiciary and fundamental rights Justice, freedom and security Science and research Education and culture Environment Consumers and health protection Customs union External relations Foreign security and defense policy Financial control Financial and budgetary provisions Institutions Other issues 5 Negotiating chapter ”Social policy and employment” Social dialogue The Treaty requires that social dialogue be promoted and gives additional powers to social partners. The candidate countries are, therefore, invited to confirm that social dialogue is accorded the importance required and that the social partners are sufficiently developed in order to discharge their responsibilities at EU and national level, and to indicate whether they are consulted on legislative drafts relating to the taking over of the employment and social policy acquis. Social partners have a central role in drawing up and applying Community social policy. Therefore, the development not only of tripartite structures but also of autonomous, representative bipartite social dialogue is an important aspect for the future involvement of the candidates countries' social partners in the social dialogue activities developed at European and national level. 6 Administrative capacity In the area of social dialogue, it is entirely for each Member State to decide which structure it will use, provided that the effect of implementing the requirements of the acquis is achieved: representatives of the two sides of industry, including social partner organisations, in view in particular of their role in the elaboration and implementation of Community legislation. 7 Negotiating chapter ”Social policy and employment” Employment policy The objective of the Commission is to ensure that candidate countries define employment policies that will prepare them for membership of the Union and progressively adjust institutions and policies to the European employment strategy. To this end, the Commission has initiated a co-operation process on employment with these countries. The co-operation also aims at ensuring that both the EU financial support for accession and the preparations for the implementation of the European Social Fund (ESF) focus on supporting the identified employment policy priorities. 8 The candidate countries are invited to address the following issues: whether the functioning of the labour market is improving so as to ensure that labour supply can be effectively matched with demand for labour on the domestic market and what policy measures are being developed to support this process; whether policy reforms and labour market transformations are progressing sufficiently rapidly and deeply to permit a full participation in the Single Market; that policies and measures are being pursued to prepare the large share of the working age population which is unskilled or inappropriately skilled for a market economy; the degree of readiness of the employment policy structures and the employment policy delivery systems to implement the European employment strategy. 9 Joint Assessments of Employment Policy (JAPs) in the Candidate Countries - assessments of the labour markets in the candidate countries, mutually prepared and agreed by these countries and the Commission - to be signed by the Commissioner for Employment, Social Affairs and Equal Opportunities and the Ministers of Labour of the candidate countries - present analyses of the key challenges in labour market reform and for employment policies - focus on the need to promote and manage rapid structural change in order to establish flexible and adaptable labour markets, which are appropriate for a dynamic market economy as part of the Single Market - the need for the right incentives for taking up and creating jobs, for investing in human resources and for promoting activation and prevention is also underlined 10 Joint Assessments of Employment Policy (JAPs) in the Candidate Countries Follow-up: - both parties agree to jointly monitor the implementation of the JAP commitments - candidate countries will send progress reports - progress reports are reviewed by the Commission and representatives of the candidate countries in technical seminars 11 Undeclared work - Council resolution on transforming undeclared work into regular employment (OJ C 260, 29.10.2003, p. 1-3) - risks undermining the financing of social services, already under pressure, decreases individuals’ social protection status and labour market prospects and may affect competitive conditions - also runs counter to European ideals on solidarity and social justice - the notion of undeclared work is integrated in the European Employment Strategy - since 2001, the issue of undeclared work is taken up in the Employment guidelines in which Member States have committed themselves to combat undeclared work 12 Administrative capacity In the area of employment policy, it is entirely for each Member State to decide which structure it will use, provided that the effect of implementing the requirements of the acquis is achieved: labour market institutions involved in implementing the European employment strategy, notably – but not exclusively – through implementation of the European Social Fund This includes not only the relevant line Ministries and their agencies, but also structures for co-operation with other key players such as Finance Ministries and regional and local authorities. Other important institutions include vocational training institutes and public employment services. In particular, within the public employment service the network of local employment offices should be sufficiently equipped and widespread in order to implement, in due course, the European employment strategy. 13 Accession negotiations: The Process (1) Opinion (avis) of the Commission Member States’ decision to open accession negotiations Opening of chapters in the negotiations: Screening process, chapter by chapter, followed by a Commission recommendation on the opening of chapters. If negative: benchmarks – conditions such as: strategy for alignment, fulfilment of contractual obligations EU-27 unanimous decision (intergovernmental conference) For each chapter to be opened: Negotiating position by candidate country Draft Common Position by Commission to the Member States EU common position adopted by MS unanimously allowing opening of the chapter at the next accession conference. 14 Accession negotiations: The Process (2) Chapter provisionally closed following unanimous decision by the Member States. Chapters definitively closed only when all negotiations with the candidate country are concluded. 15 Monitoring of the accession process Annual Progress reports by the Commission http://ec.europa.eu/enlargement/press_corner/key-documents Framework of the Association agreements Stabilisation and Association Agreements (Western Balkans) Association Agreement (Ankara Agreement TK) Contain articles on social cooperation. Accession/European Partnerships: priorities for reforms and basis for programming pre-accession assistance Specific technical meetings Peer reviews/assessments 16 IPA – Objectives and Amounts All candidate and potential candidate countries are eligible to the financial instrument (IPA). IPA has 2 objectives: streamline all pre-accession assistance into a single framework unite under the same instrument both candidate and potential candidate countries facilitating transfer from one status to another 17 IPA – Components and eligibility The IPA consists of 5 components: I. Transition Assistance and Institution Building (IB) II. Regional and Cross-Border Cooperation III. Regional Development IV. Human Resources Development V. Rural Development Eligibility to IPA Candidate countries: access to all 5 components Potential candidates: • • • support to SAA process. eligibility to components I and II IB projects for other components eligible under I 18 Useful Internet Addresses Financial Pre-Accession Assistance: http://ec.europa.eu/enlargement/how-does-it-work/financial-assistance/index_en.htm 19 TAIEX Facility (Technical Assistance Information Exchange Office) For CCs and PCCs Who? European or national social partners, officials What for? Seminars, conferences, visits… What kind of support? Technical support Rental of rooms, equipment, interpretation facilities Travel arrangements How to proceed? http://ec.europa.eu/enlargement/taiex 20
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