Article 8a · Regulation (EU) 2021/691

Contents

Article 8aApplications for EGF assistance for workers affected by imminent job displacement#

1.Enterprises undergoing restructuring may request the Member State concerned to submit an application for a financial contribution from the EGF if the intervention criteria set out in Article 4(2), point (d), are met, and if the enterprise wishes to offer EGF-co-financed assistance for workers affected by imminent job displacement, in accordance with Article 6, first paragraph, point (c), for the entire implementation period. Such a request may be submitted by the enterprise within 14 weeks from the date on which it forwarded to the competent public authority, in accordance with Article 2(3), second subparagraph, of Directive 98/59/EC, the first written communication to the workers’ representatives containing, inter alia, the number and categories of workers to be made redundant.

10.Where the Commission requests additional information pursuant to paragraph 9, the Member State shall reply within 15 working days of the date of the request. The Commission shall extend that deadline by 10 working days at the request of the applicant Member State. Any request for extension shall be duly substantiated.

11.On the basis of the information provided in the application, the Commission shall complete its assessment of the compliance of the application with the conditions for providing a financial contribution within 50 working days of the receipt of the complete application or, where applicable, of the translation of the application. The Commission shall evaluate the information provided in accordance with paragraph 12. In its evaluation, the Commission shall also assess the adequacy of the consultation process referred to in Article 7(4), as well as of the coordinated package.Where the Commission is not able to meet that deadline, it shall inform the applicant Member State before that deadline, explaining the reasons for the delay and setting a new date for the completion of its assessment. That new date shall be no later than 20 working days after the deadline laid down in the first subparagraph.

12.An application shall contain the following information:

(a)the identification of the requesting enterprise, including, where applicable, its affected direct suppliers and downstream producers;

(b)the number of workers affected by imminent job displacement in the requesting enterprise undergoing restructuring, in accordance with Article 5a;

(c)the number of eligible beneficiaries referred to in Article 6, first paragraph, point (c), and the number of targeted beneficiaries among them to benefit, in accordance with the intentions of the requesting enterprise, under measures from the coordinated package;

(d)where applicable, and as soon as it is available, any written agreement between the requesting enterprise and its direct suppliers or downstream producers;

(e)a brief description of the events that led to the restructuring;

(f)where the application includes workers affected by imminent job displacement in the direct suppliers or downstream producers of the requesting enterprise, a reasoned analysis provided by the requesting enterprise establishing a clear causal link between the projected collective redundancies in the direct suppliers or downstream producers and those in the requesting enterprise;

(g)a confirmation, based on information provided by the enterprise, that the enterprise has complied, and continues to comply, with its legal obligations, including those set out in Article 2 of Directive 98/59/EC, and any collective agreements governing these projected collective redundancies and that it is providing for its workers accordingly;

(h)a description of the procedures followed by the enterprise for the consultation of the targeted beneficiaries or their representatives, as applicable, on the design of the coordinated package, as well as the description of the procedures followed for the consultation on the measures included in the coordinated package of the local and regional authorities or other relevant stakeholders, as applicable;

(i)an explanation of the extent to which the recommendations set out in the EU Quality Framework for anticipation of change and restructuring have been taken into account and, where applicable, how the coordinated package complements actions funded by other Union or national funds;

(j)an estimated breakdown of the composition of the targeted beneficiaries by gender, age group and educational level, used in the design of the coordinated package;

(k)a detailed description of the coordinated package and related expenditure, including any measures in support of employment initiatives for disadvantaged, young and older beneficiaries;

(l)the estimated budget for each of the components of the coordinated package in support of the targeted beneficiaries;

(m)the dates on which the provision of the coordinated package to the targeted beneficiaries and the activities to implement the EGF, as set out in Article 7, were started or are due to be started;

(n)the estimated budget for any preparatory activities, including ex ante checks, as well as management, information and publicity, control and reporting activities by the applicant Member State in relation to the application;

(o)a statement outlining why the coordinated package does not replace measures that are the responsibility of employers by virtue of national law or collective agreements;

(p)the confirmation from the enterprise concerned that it will co-finance the measures of the coordinated package and that its co-financing is the only source for the national co-funding , except for any contributions from the direct suppliers or downstream producers of that enterprise;

(q)a confirmation from the applicant Member State that it has not provided any funding for the coordinated package.

Where the numbers referred to in points (c) and (l) of the first subparagraph change before the completion of the assessment by the Commission, those changes shall be communicated to the Commission.The information set out in points (a) to (f), (j) to (m), and (o) and (p) of the first subparagraph shall be provided to the applicant Member State by the requesting enterprise.

2.A requesting enterprise may agree to include in its request workers affected by imminent job displacement in its direct suppliers and downstream producers who are eligible in accordance with Article 6, first paragraph, point (c), provided that all collective redundancies covered by the request, regardless of whether in the requesting enterprise, or in its direct suppliers or downstream producers, take place within the same Member State.A requesting enterprise that agrees to include in its request workers affected by imminent job displacement in its direct suppliers or downstream producers in accordance with the first subparagraph shall remain fully responsible under this Regulation for the request. In particular, it shall continue to have full responsibility for:

(a)the submission of the request;

(b)the provision of all the necessary information to the Member States;

(c)the provision of the national co-financing; and

(d)the implementation of the coordinated package.

The requesting enterprise may arrange to receive financial contributions from its direct suppliers and downstream producers in proportion to the support received by their workers.

3.For the purposes of this Article, the Commission shall provide non-binding guidelines, checklists and templates for request forms in coordination with Member States. The Member States may decide to make such templates mandatory for the submission of requests.Member States shall publish online guidelines and templates to support the enterprises in preparing their requests.The information to be provided by the enterprise through the templates referred to in the first subparagraph of this paragraph shall cover all the information necessary for an application for a financial contribution from the EGF, in accordance with paragraph 12.

4.Member States shall submit their applications on the basis of the requests referred to in paragraph 1. Without prejudice to the Commission’s independent assessment of the application for a financial contribution from the EGF in accordance with paragraph 11, the applicant Member State may carry out ex ante checks to verify:

(a)the requesting enterprise’s financial and administrative capacity to implement the financial contribution from the EGF for the workers affected by imminent job displacement concerned;

(b)the information provided in accordance with paragraph 12, points (g), (k) and (o);

(c)whether the coordinated package is expected to be carried out in accordance with national law; and

(d)whether there are financial risks for the applicant Member State, including potentially fraudulent activity and the risk of double funding.

Where they carry out such ex ante checks, Member States shall communicate the results thereof, together with their assessment of the request submitted by the enterprise, when submitting the application to the Commission. The Commission shall take that information into account in its assessment of the application. If the Commission’s assessment differs from the results of the ex ante checks, the Commission shall include explanations in that regard in the summary of information referred to in Article 15(3), point (a).

5.Member States shall treat all requests equally and deal with them in the order that they receive them, without exercising any discretion with regard to their admissibility or eligibility and shall submit applications in respect of those requests to the Commission. Member States shall not introduce any additional requirements or alter the requirements set out in this Regulation.

6.The applicant Member State shall submit to the Commission the application for a financial contribution from the EGF within 15 working days of the date on which it received the complete request.

7.If requested to do so by the enterprise, the Member State concerned shall provide guidance throughout the procedure for a request as referred to in paragraph 1, taking into account the size and the administrative capacity of the enterprise.

8.If requested to do so by the applicant Member State, the Commission shall provide guidance throughout the application procedure.

9.Within 10 working days of the date of submission of the application, or, where applicable, within 10 working days of the date on which the Commission is in possession of a translation of the application, whichever is the later, the Commission shall acknowledge receipt of the application, and shall request from the applicant Member State any additional information that it requires in order to assess the application. If the requested additional information includes information that can be provided by the enterprise, the enterprise shall provide that information to the Member State.