CHAPTER VIGENERAL AND FINAL PROVISIONS

Article 34Privileges and immunities

Protocol No 7 on the privileges and immunities of the European Union shall apply to the Authority and its staff.

Article 35Language arrangements

1.

The provisions laid down in Council Regulation No 130 shall apply to the Authority.

2.

The translation services required for the Authority’s functioning shall be provided by the Translation Centre.

Article 36Transparency, protection of personal data and communication

1.

Regulation (EC) No 1049/2001 shall apply to documents held by the Authority. The Management Board shall, within six months of the date of its first meeting, adopt the detailed rules for applying Regulation (EC) No 1049/2001.

2.

The Management Board shall establish measures to comply with the obligations laid down in Regulation (EU) 2018/1725, in particular those concerning the appointment of a Data Protection Officer of the Authority and those relating to the lawfulness of the processing of data, the security of the processing activities, the provision of information and the rights of data subjects.

3.

The Authority may engage in communication activities on its own initiative within its field of competence. The allocation of resources to communication activities shall not be detrimental to the effective exercise of the tasks referred to in Article 4. Communication activities shall be carried out in accordance with the relevant communication and dissemination plans adopted by the Management Board.

Article 37Combating fraud

1.

In order to facilitate the fight against fraud, corruption and other illegal activities under Regulation (EU, Euratom) No 883/2013, the Authority shall, within six months from the day that it becomes operational, accede to the Interinstitutional Agreement of 25 May 1999 between the European Parliament, the Council of the European Union and the Commission of the European Communities concerning internal investigations by OLAF and shall adopt appropriate provisions applicable to all employees of the Authority using the template set out in the Annex to that Agreement.

2.

The Court of Auditors shall have the power of audit, on the basis of documents and on-the-spot checks, over all grant beneficiaries, contractors and subcontractors who have received Union funds from the Authority.

3.

OLAF may carry out investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union in connection with a grant or a contract funded by the Authority, in accordance with the provisions and procedures laid down in Regulation (EU, Euratom) No 883/2013 and in Council Regulation (Euratom, EC) No 2185/9631.

4.

Without prejudice to paragraphs 1, 2 and 3, cooperation agreements with third countries and international organisations, contracts, grant agreements and grant decisions of the Authority shall contain provisions expressly empowering the Court of Auditors and OLAF to conduct such audits and investigations, in accordance with their respective competences.

Article 38Security rules on the protection of classified and sensitive non-classified information

The Authority shall adopt its own security rules equivalent to the Commission’s security rules for protecting European Union Classified Information (EUCI) and sensitive non-classified information, set out in Commission Decisions (EU, Euratom) 2015/44332 and (EU, Euratom) 2015/44433. The Authority’s security rules shall cover, inter alia, provisions for the exchange, processing and storage of such information.

Article 39Liability

1.

The Authority’s contractual liability shall be governed by the law applicable to the contract in question.

2.

The Court of Justice shall have jurisdiction to give judgement pursuant to any arbitration clause contained in a contract concluded by the Authority.

3.

In the case of non-contractual liability, the Authority shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its departments or by its staff in the performance of their duties.

4.

The Court of Justice shall have jurisdiction in disputes relating to compensation for damages as referred to in paragraph 3.

5.

The personal liability of its staff towards the Authority shall be governed by the provisions laid down in the Staff Regulations and the Conditions of Employment applicable to them.

Article 40Evaluation and review

1.

By 1 August 2024, and every five years thereafter, the Commission shall assess the Authority’s performance in relation to its objectives, mandate and tasks. The evaluation shall, in particular, address the experiences gained from the mediation procedure pursuant to Article 13. It shall also assess whether there is a need to modify the mandate of the Authority and the scope of its activities, including the extension of the scope to cover sector specific needs, and the financial implications of any such modification, taking into account also the work carried out by Union agencies in those areas. The evaluation shall also explore further synergies and streamlining with agencies in the area of employment and social policy. On the basis of the evaluation, the Commission may, as appropriate, submit legislative proposals to review the scope of this Regulation.

2.

Where the Commission considers that the continuation of the Authority is no longer justified with regard to its objectives, mandate and tasks, it may propose that this Regulation be amended or repealed accordingly.

3.

The Commission shall report to the European Parliament, the Council and the Management Board on the findings of the evaluation. The findings of the evaluation shall be made public.

Article 41Administrative inquiries

The activities of the Authority shall be subject to the inquiries of the European Ombudsman in accordance with Article 228 TFEU.

Article 42Cooperation with third countries and international organisations

1.

In so far as is necessary in order to achieve the objectives set out in this Regulation, and without prejudice to the competence of the Member States and of the Union institutions, the Authority may cooperate with the competent authorities of third countries and with international organisations.

To that end, the Authority may, subject to the authorisation of the Management Board and after the approval of the Commission, establish working arrangements with the competent authorities of third countries and with international organisations. Those arrangements shall not create legal obligations on the Union or the Member States.

2.

The Authority shall be open to the participation of third countries that have entered into agreements with the Union to that effect.

Under the relevant provisions of the agreements referred to in the first subparagraph, arrangements shall be developed specifying, in particular, the nature, extent and manner in which the third countries concerned are to participate in the work of the Authority, including provisions relating to participation in the initiatives carried out by the Authority, financial contributions and staff. As regards staff matters, those arrangements shall, in any event, comply with the Staff Regulations and the Conditions of Employment.

3.

The Commission shall ensure that the Authority operates within its mandate and the existing institutional framework by concluding an appropriate working arrangement with the Authority’s Executive Director.

Article 43Headquarters agreement and operating conditions

1.

The necessary arrangements concerning the accommodation to be provided for the Authority in the host Member State, together with the specific rules applicable in the host Member State to the Executive Director, members of the Management Board, staff and members of their families, shall be laid down in a Headquarters agreement between the Authority and the Member State where the seat is located, to be concluded after obtaining the approval of the Management Board and no later than 1 August 2021.

2.

The Authority’s host Member State shall provide the best possible conditions to ensure the smooth and efficient functioning of the Authority, including multilingual, European-oriented schooling and appropriate transport connections.

Article 44Commencement of the Authority’s activities

1.

The Authority shall become operational with the capacity to implement its own budget by 1 August 2021.

2.

The Commission shall be responsible for the establishment and initial operation of the Authority until the Authority becomes operational. For that purpose:

(a)

until the Executive Director takes up his or her duties following his or her appointment by the Management Board in accordance with Article 31, the Commission may designate a Commission official to act as interim Executive Director and exercise the duties assigned to the Executive Director;

(b)

by derogation from point (k) of Article 18(1) and until the adoption of a decision as referred to in Article 18(2), the interim Executive Director shall exercise the appointing authority power;

(c)

the Commission may offer assistance to the Authority, in particular by seconding Commission officials to carry out the activities of the Authority under the responsibility of the interim Executive Director or the Executive Director;

(d)

the interim Executive Director may authorise all payments covered by appropriations entered in the Authority’s budget after approval by the Management Board and may conclude contracts, including staff contracts, following the adoption of the Authority’s establishment plan.

Article 45Amendments to Regulation (EC) No 883/2004

Regulation (EC) No 883/2004 is amended as follows:

  1. (1)

    in Article 1, the following point is inserted:

    1. ‘(na)
      “European Labour Authority” means the body established by Regulation (EU) 2019/1149 of the European Parliament and of the Council34 and referred to in Article 74a;’;
  2. (2)

    the following article is inserted:

    ‘Article 74aThe European Labour Authority

    1.

    Without prejudice to the tasks and activities of the Administrative Commission, the European Labour Authority shall support the application of this Regulation in accordance with its tasks set out in Regulation (EU) 2019/1149. The Administrative Commission shall cooperate with the European Labour Authority in order to coordinate the activities in mutual agreement and avoid any duplication. To that end, it shall conclude a cooperation agreement with the European Labour Authority.

    2.

    The Administrative Commission may request the European Labour Authority to refer an issue concerning social security under mediation in accordance with the third subparagraph of Article 13(11) of Regulation (EU) 2019/1149.’.

Article 46Amendments to Regulation (EU) No 492/2011

Regulation (EU) No 492/2011 is amended as follows:

  1. (1)

    in Article 26 the following paragraph is added:

    ‘The European Labour Authority established by Regulation (EU) 2019/1149 of the European Parliament and of the Council35 shall participate in the meetings of the Advisory Committee as an observer, providing technical input and expertise as relevant.’;
  2. (2)

    Articles 29 to 34 are deleted with effect on the date when the Authority becomes operational in accordance with Article 44(1) of this Regulation;

  3. (3)

    Article 35 is replaced by the following:

    ‘Article 35

    The rules of procedure of the Advisory Committee in force on 8 November 1968 shall continue to apply.’;

  4. (4)

    Article 39 is replaced by the following:

    ‘Article 39

    The administrative expenditure of the Advisory Committee shall be included in the general budget of the European Union in the section relating to the Commission.’.

Article 47Amendments to Regulation (EU) 2016/589

Regulation (EU) 2016/589 is amended as follows:

  1. (1)

    Article 1 is amended as follows:

    1. (a)

      point (a) is replaced by the following:

      1. ‘(a)

        the organisation of the EURES network between the Commission, the European Labour Authority and the Member States;’;

    2. (b)

      point (b) is replaced by the following:

      1. ‘(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;’;

    3. (c)

      point (f) is replaced by the following:

      1. ‘(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.’;

  2. (2)

    in Article 3, the following point is added:

    1. ‘(8)
      “European Labour Authority” means the body established pursuant to Regulation (EU) 2019/1149 of the European Parliament and of the Council36
  3. (3)

    in Article 4, paragraph 2 is replaced by the following:

    ‘2.

    Accessibility for persons with disabilities to the information provided on the EURES portal and to support services available at national level shall be ensured. The Commission, the European Coordination Office and EURES Members and Partners shall determine the means to ensure this with regard to their respective obligations.’;

  4. (4)

    Article 7(1) is amended as follows:

    1. (a)

      point (a) is replaced by the following:

      1. ‘(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;’;

    2. (b)

      the following point is added:

      1. ‘(e)

        the Commission.’;

  5. (5)

    Article 8 is amended as follows:

    1. (a)

      paragraph 1 is amended as follows:

      1. (i)

        the introductory wording is replaced by the following:

        ‘The European Coordination Office shall assist the EURES network in carrying out its activities, in particular by developing and conducting, in close cooperation with the NCOs and the Commission, the following activities:’;

      2. (ii)

        in point (a), point (i) is replaced by the following:

        1. ‘(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;’;

    2. (b)

      paragraph 2 is replaced by the following:

      ‘2.

      The European Coordination Office shall be managed by the European Labour Authority. The European Coordination Office shall establish a regular dialogue with the representatives of the social partners at Union level.’;

    3. (c)

      paragraph 3 is replaced by the following:

      ‘3.

      The European Coordination Office shall, after consulting the Coordination Group referred to in Article 14 and the Commission, draw up its multiannual work programmes.’;

  6. (6)

    in Article 9(2), point (b) is replaced by the following:

    1. ‘(b)

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

  7. (7)

    in Article 14, paragraph 1 is replaced by the following:

    ‘1.

    The Coordination Group shall be composed of representatives at the appropriate level of the Commission, the European Coordination Office and the NCOs.’;

  8. (8)

    in Article 16, paragraph 6 is replaced by the following:

    ‘6.

    Member States shall, together with the Commission and the European Coordination Office, examine every possibility of giving priority to citizens of the Union when filling job vacancies, in order to achieve a balance between labour supply and demand within the Union. Member States may adopt measures necessary for that purpose.’;

  9. (9)

    in Article 19, paragraph 1 is replaced by the following:

    ‘1.

    Member States shall cooperate with each other, with the Commission and with the European Coordination Office regarding interoperability between national systems and the European classification developed by the Commission. The Commission shall keep the Member States informed about the development of the European classification.’;

  10. (10)

    Article 29 is replaced by the following:

    ‘Article 29Exchange of information on flows and patterns

    The Commission and the Member States shall monitor and make public labour-mobility flows and patterns in the Union on the basis of reports by the European Labour Authority, using Eurostat statistics and available national data.’.

Article 48Repeal

Decision (EU) 2016/344 is repealed with effect on the date when the Authority becomes operational in accordance with Article 44(1) of this Regulation.

References to the repealed Decision shall be construed as references to this Regulation.

Article 49Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.