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Reference
I06
last modified
21.02.2003
Title
Information, consultation and participation of representatives of undertakings
JO/budget line
(2003/C 41/04)/Budget heading B3-4003
Directorate
Contents

The budget authority has fixed the amount allocated to heading B3-4003 for 2003 at EUR 7 million.
This appropriation covers in particular funding of measures aimed at strengthening transnational cooperation between worker and employer representatives in respect of information, consultation and participation within undertakings operating in more than one Member State with priority assistance going to undertakings which are not subject to Directives 94/45/EC and 97/74/EC. It may also be used to fund training for representatives in transnational information, consultation and participation bodies, particularly with a view to increasing the presence of women, and for innovative measures concerning the prevention and resolution of conflicts in multinational undertakings particularly those relating to restructuring.
Measures involving the participation of social partners' representatives from the candidate countries are covered by the appropriation.
In connection with all measures funded under this heading, disabled persons must be afforded unrestricted access.

I. THE AIMS
The comment under the budget heading clearly states the purpose of the funded operations, which is to ensure, in a pragmatic manner, the conditions for fostering the development of information and consultation in undertakings, by promoting Directives 94/45/EC and 97/74/EC, Council Directive 2001/86/EC on employee involvement in a European company and Directive 2002/14/EC of the European Parliament and the Council establishing a general framework for informing and consulting employees in the European Community.
A number of priority objectives have been established for the 2003 financial year:
- exchange of information and experience with a view to preparing for information, consultation and participation of employees in the European Company and the European Cooperative Society,
- cooperation between worker and employer representatives to ensure correct information and consultation of employees at, and between, all levels (national and European) in an undertaking or group of undertakings,
- measures aimed at promoting equal opportunities and a better balance between men and women in the context of transnational representational forums,
- strengthening of transnational cooperation in the field of information and consultation between workers' representatives, between employers, and between worker and employer representatives in undertakings operating in more than one Member State and in the applicant countries,
- innovative measures relating to the management of information, consultation and participation (including financial participation), the anticipation of change and to the prevention and resolution of disputes within multinational companies in the context of the development and competitiveness strategies of the various sectors of activity and company restructuring, mergers, takeovers and relocation,
- aid for the establishing of information and consultation bodies and adoption of best practices in Community-scale undertakings and Community-scale groups of undertakings,
- production of reports on experience regarding the establishment of European Works Councils and the functioning and effectiveness of information and consultation within them.

II. ELIGIBILITY AND SELECTION CRITERIA
Eligible measures

The budget heading is intended to finance specific measures. Therefore grants are not intended to finance the normal operation or meetings of bodies representing management or labour (the social partners); they are intended only to cover additional expenditure linked directly to projects. Eligible types of action are:
1. practices, exchange of information and reports on experience in the field of information, consultation and participation within undertakings or groups of undertakings. The relationship between these information and consultation methods within the undertaking and the European sectoral dimension;
2. measures to prepare for employee involvement in the European company or European Cooperative Society;
3. innovative measures concerning the dissemination of information consultation and participation rights, the anticipation of change and the prevention and resolution of disputes particularly in connection with company restructuring, mergers, takeovers and relocation.

Priority will be given to innovative measures and/or measures concerning new subjects in relation to information, consultation and participation of undertakings' representatives.
Promoters wishing to submit several projects under the heading are asked to provide the Commission with an overview of all the measures for which they would like to obtain funding during the current financial year.
Eligible promoters
Promoters must in general be representatives of workers or employers. Thus
- for workers: promoters may be works councils or similar bodies ensuring the general representation of workers; regional, national, European, sectoral or multisectoral trade unions,
- for employers: applications may come from the management of the undertaking or group of undertakings concerned or from organisations representing employers at regional, national, European, multisectoral or sectoral level,
Applications from technical bodies such as non-profit training or advisory bodies will be considered only where such promoters are expressly mandated by one or more of the above parties. Joint worker/employer measures will be particularly encouraged.
Joint projects should be submitted by one of the parties who will fulfil the contractual commitments vis-ā-vis the Commission and the other party must indicate in writing its agreement to the joint implementation of the contract. Unless there are exceptional circumstances, projects involving only one information and consultation body must be submitted as joint projects.
A project promoter cannot be an individual. In the case of legal entities, the applicant must be properly constituted and registered. The applicant's legal status and VAT number should be stated. A copy of the applicant's articles of association or statutes and registration certificate, where applicable, must be submitted with the application.
Grants may be awarded to commercial undertakings only if the immediate objective of the project is non-commercial and certainly not to make a profit.
The applicant must be able to demonstrate the financial and operational capacity to complete the activity for which funding is requested. Thus the applicant must have access to solid and adequate funding to maintain activities for the period of the project and to help finance it as necessary and must have the operational resources (technical, management) needed to successfully complete the activity.
The applicant must enclose:
- the annual balance sheet for the most recent financial year, or auditor's report,
- the CV of the person responsible for the project and, where applicable, of the persons who will perform the tasks associated with the action for which funding is requested,
and must sign the declaration of honour provided with the application form certifying that:
- the applicant has the financial and operational capacity to complete the proposed action, and
- the applicant is not in one of the situations listed in Article 93 of the Financial Regulation concerning social security, taxes, bankruptcy, misconduct, fraud, corruption or any other illegal activity, and that he/she has not failed to comply with his/her contractual obligations to the Communities in other grant award or contract procedures.
Persons concerned
Those involved in projects should, in general, be representatives of workers or employers, thus: members or future members of information, consultation and participation fora; management of undertakings or groups or members of employers associations; officials of workers organisations/ trade union representatives; experts nominated by the abovementioned social partners.
Scope
Applicants must have their registered offices in a Member State of the European Union. Actions involving participation of social partner representatives from the candidate countries are encouraged. The actions must be fully carried out within the Member States or in one of the 13 candidate countries. Nationals of third countries may participate in actions under this budget heading but it is not possible to reimburse any expenses of such third country participants for travel, accommodation or subsistence.

III. PRACTICAL PROCEDURES
Only projects starting in 2003 will be considered. The normal maximum duration of an operation is 12 months. The final deadline for submission of applications is 12 September, 2003 but applications will be examined on three occasions as indicated at point 3 below.
1. Application form and explanatory notes
The mandatory application form together with explanatory notes for its completion and full details of all documents to be attached are available to promoters: on the website: http://forum.europa.eu.int/Public/irc/european_works_council/library,
by electronic mail: EMPL-B3-4003@cec.eu.int
by mail from the following address:
European Commission
DG EMPL/D.3 J37-4/20
Budget heading B3-4003
B-1049 Brussels

2. Submission of applications
The application form and attachments must provide as much detail as possible. They must be sent in duplicate, by mail, to the following address (the postmark will constitute proof of posting):
European Commission
DG EMPL/D.3 J37-4/20
Budget heading B3-4003
B-1049 Brussels
In addition applications must also be sent by electronic mail to the following address:
EMPL-B3-4003@cec.eu.int
Receipt of applications will be confirmed within two weeks. A reference number (AC: VP/2003/002/. . .) will be allocated to each application and must be quoted in any correspondence concerning it.
An application will be regarded as incomplete if:
- it is not signed and dated,
- it does not contain replies to all the questions in the form,
- it is not accompanied by a balanced budget (income and expenditure),
- it does not contain all the required attachments: adequate description, letters of support, articles of association, declaration of honour, etc. (see explanatory notes and check list).

3. Examination of applications and award criteria
Applications will be examined and selected — taking account of the comment in the budget, the stipulated selection and award criteria, the priorities set out above and the principle of balanced funding- by a selection committee. The selection committee will meet, within 25 working days after each deadline, to consider completed applications received by the following deadlines:
- 21 March 2003 for first selection committee,
- 23 May 2003 for second selection committee,
- 12 September 2003 for third selection committee.
Incomplete applications will not be considered by the selection committee.
In evaluating the quality of projects regard will be given to the following award criteria aimed at maximising the overall effectiveness of expenditure under the budget heading:
- extent to which the proposed action accords with the objectives and priorities of the budget heading,
- degree to which the expected results add value in terms of the aims and priorities of the budget heading,
- extent to which the project concerns innovative measures or measures concerning new subjects in relation to information, consultation and participation,
- the level of participation of representatives of both employers and workers,
- the degree of transnationality (where appropriate),
- the level of participation of social partner representatives from the candidate countries,
- the cost effectiveness of the operation,
- the arrangements to guarantee the visibility of the Community financing.
Unsuccessful applicants will be notified by letter. A project rejected by the selection committee may be resubmitted with amendments but will only be considered at a subsequent meeting if a new complete application file (including all supporting documents) is submitted by the deadline for such subsequent meeting.

4. Agreement governing the grant
Successful applicants will receive a letter together with two copies of an agreement for their acceptance and signature. The Commission will then return one of the signed copies to the applicant.
The project may not commence before the date of submission of the grant application. Any expenditure incurred before receipt of an agreement is at the promoter's risk.
A request for an extension of the implementation period specified in the agreement will be accepted only in exceptional circumstances and only if the request is received no later than two months before the end of the specified period.
The grant will not cover the full cost of the project. The Commission reserves the right to refuse and/or limit the funding of specific elements in the budget estimate. The project promoter is required to contribute at least 20 % of the total cost of the operation. Contributions in kind are acceptable only in duly justified exceptional cases. The payment arrangements will be set out in the agreement.

5. Evaluation and monitoring
A report and budgetary implementation details must be provided in accordance with the conditions laid down in the agreement. They must include expenditure and income presented in the same format as the budget estimate, reports on completed operations with the evaluation form duly completed and the products prepared, either for the project itself or as part of the follow-up, in the languages foreseen in the project proposal. Failure to supply any of these will result in non-payment of the grant. Supporting documents must be available for inspection on location.

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