Nařízení Evropského parlamentu a Rady (EU) 2026/1139 ze dne 20. května 2026, kterým se mění nařízení (EU) 2021/691, pokud jde o pracovníky bezprostředně ohrožené propouštěním v podnicích procházejících restrukturalizací

Identifier:
32026R1139
Status:
effective
Text language:
en

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Article 2 Article 2 Entry into force

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 175, third paragraph, thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social CommitteeOJ C, C/2025/4217, 20.8.2025, ELI: http://data.europa.eu/eli/C/2025/4217/oj. ,

Having regard to the opinion of the Committee of the RegionsOJ C, C/2025/4419, 29.8.2025, ELI: http://data.europa.eu/eli/C/2025/4419/oj. ,

Acting in accordance with the ordinary legislative procedurePosition of the European Parliament of 28 April 2026 (not yet published in the Official Journal) and decision of the Council of 11 May 2026 . ,

OJ C, C/2025/4217, 20.8.2025, ELI: http://data.europa.eu/eli/C/2025/4217/oj.

(1) Regulation (EC) No 1927/2006 of the European Parliament and of the CouncilRegulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 on establishing the European Globalisation Adjustment Fund (OJ L 406, 30.12.2006, p. 1 , ELI: http://data.europa.eu/eli/reg/2006/1927/oj). established the European Globalisation Adjustment Fund (EGF) for the multiannual financial framework 2007-2013. The EGF was established to enable the Union to show solidarity towards workers who had lost their jobs as a result of major structural changes in world trade patterns due to globalisation.

(2) The scope of the EGF was broadened in 2009 as part of the European Economic Recovery Plan, set out in the Commission communication of 26 November 2008 , to include support for workers made redundant as a direct consequence of the global financial and economic crisis.

(3) Regulation (EU) No 1309/2013 of the European Parliament and of the CouncilRegulation (EU) No 1309/2013 of the European Parliament and of the Council of 17 December 2013 on the European Globalisation Adjustment Fund (2014-2020) and repealing Regulation (EC) No 1927/2006 (OJ L 347, 20.12.2013, p. 855 , ELI: http://data.europa.eu/eli/reg/2013/1309/oj). established the EGF for the period of the multiannual financial framework 2014-2020. It also extended the scope of the EGF to cover redundancies resulting from any new global financial and economic crisis. That Regulation was amended by Regulation (EU) 2021/691 of the European Parliament and of the CouncilRegulation (EU) 2021/691 of the European Parliament and of the Council of 28 April 2021 on the European Globalisation Adjustment Fund for Displaced Workers (EGF) and repealing Regulation (EU) No 1309/2013 (OJ L 153, 3.5.2021, p. 48 , ELI: http://data.europa.eu/eli/reg/2021/691/oj). to allow the EGF to exceptionally cover collective applications involving small and medium-sized enterprises (SMEs) located in one region and operating in different economic sectors defined at NACE Revision 2 division level, established by Regulation (EC) No 1893/2006 of the European Parliament and of the CouncilRegulation (EC) No 1893/2006 of the European Parliament and of the Council of 20 December 2006 establishing the statistical classification of economic activities NACE Revision 2 and amending Council Regulation (EEC) No 3037/90 as well as certain EC Regulations on specific statistical domains (OJ L 393, 30.12.2006, p. 1 , ELI: http://data.europa.eu/eli/reg/2006/1893/oj). , where the applicant Member State demonstrates that SMEs are the main or the only type of business in that region.

(4) Regulation (EU) 2021/691 established the EGF for the period of the multiannual financial framework 2021-2027. In order to make the EGF more responsive to the rapidly changing economic challenges in a globalised economy, the scope of the EGF was broadened again to cover any type of large-scale restructuring event, regardless of its cause. A lower threshold for support than that provided for in Regulation (EU) No 1309/2013 was introduced to better reflect the realities in lesser populated regions. In the light of the twin digital and green transition, measures that prepare beneficiaries for that transition were considered mandatory elements of every coordinated package of personalised services (the coordinated package) offered to beneficiaries. Furthermore, the co-financing rates were aligned with the highest co-financing rate of the European Social Fund Plus (ESF+) established by Regulation (EU) 2021/1057 of the European Parliament and of the CouncilRegulation (EU) 2021/1057 of the European Parliament and of the Council of 24 June 2021 establishing the European Social Fund Plus (ESF+) and repealing Regulation (EU) No 1296/2013 (OJ L 231, 30.6.2021, p. 21 , ELI: http://data.europa.eu/eli/reg/2021/1057/oj). in the Member State concerned. Additionally, a mandatory beneficiary survey was introduced.

(5) The main Union instrument to assist workers who have been affected by economic adjustment and restructuring is the ESF+, which is designed to offer assistance in an anticipatory way. The EGF is designed to offer assistance in response to unexpected major restructuring events in a reactive manner. However, the design of assistance for workers who have been affected by restructuring does not properly reflect the fact that large-scale restructuring events generally take place over a long period. Member States can use the ESF+ to upskill and reskill workers, but the ESF+ does not provide support for the upskilling and reskilling of workers in emergency situations such as those in which the workers affected by imminent job displacement find themselves. The enterprises in which the workers concerned are employed are often in economic difficulty and therefore unable to offer such assistance on their own.

(6) The Union faces increasingly unequal competition from third countries which do not have the same level of labour rights or which do not comply with the same level of safety and environmental protection. It is necessary to support Union enterprises in the fight against unfair competition and to protect workers from its negative consequences.

(7) The EGF’s role continues to be important as a flexible instrument to support workers who lose their jobs in large-scale restructuring events and to help them to find other jobs as quickly as possible. It is important that the Union continue to provide specific, one-off support to facilitate the reintegration into decent and sustainable employment of displaced workers in areas, sectors, territories or labour markets suffering from a shock caused by serious economic disruption. It is vital that the Union ensure its sustainable prosperity, strategic autonomy and competitiveness while, at the same time, preserving its unique social market economy, supporting workers and enterprises to ensure a just twin digital and green transition, preserving jobs in the Union, and safeguarding its democracy, economic security and geopolitical standing. To safeguard the Union’s future as an economic powerhouse, and the progress made on its twin digital and green transition, it is vital to support workers affected by imminent job displacement in enterprises undergoing restructuring so that they can acquire the skills that would help them transfer either into a different role within their current enterprise or to a different enterprise.

(8) When an enterprise undergoes a major restructuring event, it often causes restructuring events in its direct suppliers, in downstream producers, or in both. In such cases, it should also be possible for the workers affected by imminent job displacement in such direct suppliers or downstream producers to be eligible for EGF support, provided that the requesting enterprise agrees to include them in the request for EGF support submitted to the Member State. Any projected collective redundancies in the direct suppliers or downstream producers of the requesting enterprise included in the request for EGF support should take place within the same Member State as the projected collective redundancies in the requesting enterprise, and a clear causal link between them should be established. The requesting enterprise should meet the intervention criteria in its own right, without reference to the direct suppliers or downstream producers included in its request. The requesting enterprise should take full and sole responsibility for the submission of the request, the provision of all the necessary information to the Member States, the provision of the national co-financing, and the implementation of the coordinated package.

(9) The EGF should support workers by developing transferable skills to avoid redundancies and to allow a smooth transition into new employment. Therefore, it is necessary to amend Regulation (EU) 2021/691 so that the EGF can also offer assistance to workers affected by imminent job displacement in enterprises undergoing restructuring, including, where applicable, in their direct suppliers and downstream producers. As those workers are still in active employment, their employer should be able to request assistance through the relevant Member States’ authorities. As the EGF is under shared management, it is the Member States’ authorities that should be able to apply for EGF co-funding upon receipt of a request for support by an enterprise, provided that the enterprise agrees to provide national co-funding. Should the financial contribution from the EGF be granted, the Member State concerned should make the funds requested available to the enterprise within ten working days of their receipt. The enterprise should make all information needed to prepare the final report on the implementation of the relevant financial contribution available to the Member State not later than six months after the end of the implementation of the assistance. The Commission should prepare a beneficiary survey and the requesting enterprise should share access to it with all the workers who participated in the EGF co-funded measures and, where applicable, with their representatives.

(10) In order to mitigate the financial risks and liabilities related to the implementation of the coordinated package, Member States could decide to carry out financial and administrative checks which are effective and proportionate before submitting the application to the Commission (ex ante checks).

(11) The Commission and the Member States should carry out their responsibilities in a manner which takes into account the administrative costs incurred by the enterprises in preparing the application and by the national authorities in dealing with it, and is proportionate to the estimated financial risks connected to the application.

(12) Restructuring processes should support, inter alia, an enterprise’s economic sustainability and long-term employment stability, thereby strengthening the Union’s competitiveness. Therefore, restructuring plans should anticipate and manage change as early as possible to prevent insolvency and job losses, involving, at an early stage, workers’ representatives and, where applicable, trade unions. The decision by the enterprise to submit a request for EGF support should be taken, and the coordinated package of personalised measures should be designed, in consultation with the targeted beneficiaries, their representatives and the social partners, as applicable, in order to ensure that workers’ rights to information and consultation are respected in line with Union and national legislation and to ensure the quality and relevance of the measures.

(13) It should be possible to treat applications for financial support involving enterprises that are undergoing restructuring and are located in small labour markets, or involving SMEs only, as admissible even if the eligibility criteria are not entirely met. In such cases, the reasons for not meeting all criteria should be duly substantiated in the application.

(14) The support provided to workers affected by imminent job displacement in enterprises undergoing restructuring should complement existing forms of support available under national measures or collective agreements. The reskilling and upskilling of workers should contribute, inter alia, to the creation of quality jobs, decent working conditions and the twin digital and green transition. Short-time work schemes should not be eligible for EGF support, as they do not relate to the displacement of jobs, but to their temporary suspension. If the national measures allow it, the requesting enterprise should be able to subcontract the delivery of the coordinated package of personalised measures, or parts thereof.

(15) The co-financing rate for measures that target workers affected by imminent job displacement in enterprises undergoing restructuring should be equal to the co-financing rate for EGF assistance for displaced workers. Enterprises that request EGF support should provide the national co-financing. Where the requesting enterprise agrees to include workers from its direct suppliers or downstream producers in the request for EGF support, it should be able to make that agreement conditional upon contributions from those direct suppliers or downstream producers in proportion to the support received by their workers.

(16) The co-financing rate for expenditure incurred by the Member State in relation to applications for EGF support and the processing of those applications, including administrative and staff costs linked to ex ante checks, and preparatory, management, information and publicity, and control and reporting activities, should be 100 %.

(17) As the workers affected by imminent job displacement are still in active employment, only those active labour market policy measures that help them reskill or upskill, or that provide guidance or mentoring, including measures aimed at workers who might start their own business one day, should be eligible. Therefore, neither allowances nor start-up grants should be eligible.

(18) Workers affected by imminent job displacement receiving EGF assistance should remain eligible as part of the workers affected by imminent job displacement even if their employment contract or relationship ends. They should also remain eligible for possible new applications by the respective Member States in support of displaced workers from the same enterprise.

(19) Given the Commission’s increasing tasks in implementing Regulation (EU) 2021/691, the Commission should be able to request technical assistance of up to 1,5 % of the total annual maximum amount of the EGF. That raised maximum rate is also justified because the EGF’s annual maximum amount was lowered in the context of mid-term revision of the multiannual financial framework 2021-2027.

(20) Given the uneven uptake of EGF support by Member States, the Commission should promote its use by raising awareness of the funding opportunities available. Moreover, the Commission should assist Member States through technical guidance and dissemination of good practices.

(21) Given the scale and frequency of restructuring in recent years, there are concerns that the existing EGF budget could be insufficient to meet all applications related to displaced workers and workers affected by imminent displacement. Therefore, in order to ensure a balanced use of the EGF, a minimum of 40 % of the annual maximum amount of the EGF should be reserved for applications concerning the cessation of activity of displaced workers or self-employed persons. In addition, any financial contribution to workers affected by imminent job displacement should be capped per enterprise, for a given Member State and for any financial year.

(22) In order to provide swift support to the workers affected by imminent job displacement, in view of the fact that Regulation (EU) 2021/691 will cease to apply at the end of 2027, this Regulation should enter into force as a matter of urgency on the day following that of its publication in the Official Journal of the European Union ,

The EGF shall support socioeconomic transformations that are the result of globalisation and of technological and environmental changes by helping displaced workers and self-employed persons whose activity has ceased to adapt to structural change. The EGF shall also support workers at risk of imminent job displacement. The EGF shall constitute an emergency fund that operates reactively. As such, the EGF shall contribute to the implementation of the principles set out in the European Pillar of Social Rights, promote sustainable employment and enhance social and economic cohesion among regions and Member States.

The objectives of the EGF are to demonstrate solidarity and promote decent and sustainable employment in the Union by offering assistance in the case of major restructuring events, in particular those caused by challenges related to globalisation, such as changes in world trade patterns, trade disputes, significant changes in the trade relations of the Union or the composition of the internal market and financial or economic crises, as well as the transition to a low-carbon economy as part of the twin green and just transition, or as a consequence of digitisation or automation. The EGF shall support beneficiaries in returning to decent and sustainable employment as soon as possible. Particular emphasis shall be placed on measures that help the most disadvantaged groups. The EGF shall also support workers affected by imminent job displacement in acquiring the skills needed to help them transfer either to a different role within their current enterprise or to a different enterprise.

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

OJ C, C/2025/4419, 29.8.2025, ELI: http://data.europa.eu/eli/C/2025/4419/oj.

Article 2 Article 2 Mission and objectives 1.The EGF shall support socioeconomic transformations that are the result of globalisation and of technological and environmental changes by helping displaced workers and self-employed persons whose activity has ceased to adapt to structural change. The EGF shall also support workers at risk of imminent job displacement. The EGF shall constitute an emergency fund that operates reactively. As such, the EGF shall contribute to the implementation of the principles set out in the European Pillar of Social Rights, promote sustainable employment and enhance social and economic cohesion among regions and Member States. 2.The objectives of the EGF are to demonstrate solidarity and promote decent and sustainable employment in the Union by offering assistance in the case of major restructuring events, in particular those caused by challenges related to globalisation, such as changes in world trade patterns, trade disputes, significant changes in the trade relations of the Union or the composition of the internal market and financial or economic crises, as well as the transition to a low-carbon economy as part of the twin green and just transition, or as a consequence of digitisation or automation. The EGF shall support beneficiaries in returning to decent and sustainable employment as soon as possible. Particular emphasis shall be placed on measures that help the most disadvantaged groups. The EGF shall also support workers affected by imminent job displacement in acquiring the skills needed to help them transfer either to a different role within their current enterprise or to a different enterprise.

Article 5a Article 5a Communication of the number of workers affected by imminent job displacement

Article 8a Article 8a Applications 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. 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. 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.

Article 16 Article 16 Insufficient funds

Position of the European Parliament of 28 April 2026 (not yet published in the Official Journal) and decision of the Council of 11 May 2026 .

Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 on establishing the European Globalisation Adjustment Fund (OJ L 406, 30.12.2006, p. 1 , ELI: http://data.europa.eu/eli/reg/2006/1927/oj).

For the purposes of Article 4 of this Regulation, the applicant Member State shall communicate to the Commission the number of workers affected by imminent job displacement who have been identified in one or more written communications from the employer to the workers’ representatives in accordance with Article 2(3), second subparagraph, of Directive 98/59/EC.

Regulation (EU) No 1309/2013 of the European Parliament and of the Council of 17 December 2013 on the European Globalisation Adjustment Fund (2014-2020) and repealing Regulation (EC) No 1927/2006 (OJ L 347, 20.12.2013, p. 855 , ELI: http://data.europa.eu/eli/reg/2013/1309/oj).

Regulation (EU) 2021/691 of the European Parliament and of the Council of 28 April 2021 on the European Globalisation Adjustment Fund for Displaced Workers (EGF) and repealing Regulation (EU) No 1309/2013 (OJ L 153, 3.5.2021, p. 48 , ELI: http://data.europa.eu/eli/reg/2021/691/oj).

Regulation (EC) No 1893/2006 of the European Parliament and of the Council of 20 December 2006 establishing the statistical classification of economic activities NACE Revision 2 and amending Council Regulation (EEC) No 3037/90 as well as certain EC Regulations on specific statistical domains (OJ L 393, 30.12.2006, p. 1 , ELI: http://data.europa.eu/eli/reg/2006/1893/oj).

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.

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.

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.

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).

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.

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.

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.

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

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.

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.

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.

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.

Regulation (EU) 2021/1057 of the European Parliament and of the Council of 24 June 2021 establishing the European Social Fund Plus (ESF+) and repealing Regulation (EU) No 1296/2013 (OJ L 231, 30.6.2021, p. 21 , ELI: http://data.europa.eu/eli/reg/2021/1057/oj).

By way of derogation from the deadlines set out in Articles 8, 8a and 15, provided that the remaining commitment appropriations available in the EGF are not sufficient to cover the amount of assistance that is necessary according to the Commission proposal, the Commission may, in exceptional cases, postpone the proposal to mobilise the EGF and the subsequent budgetary transfer request until commitment appropriations are available in the year following the application. The annual budgetary ceiling of the EGF shall be respected in all circumstances.

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