title: Council Recommendation of 8 November 2019 on access to social protection for workers and the self-employed2019/C 387/01

text:
               15.11.2019

               EN

               Official Journal of the European Union

               C 387/1

      COUNCIL RECOMMENDATION
      of 8 November 2019
      on access to social protection for workers and the self-employed
      (2019/C 387/01)
      THE COUNCIL OF THE EUROPEAN UNION,
      Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292 in conjunction with Articles 153 and 352 thereof,
      Having regard to the proposal from the European Commission,
      Whereas:

                  (1)

                  Pursuant to Article 3 of the Treaty on European Union, the aims of the Union are, inter alia, to promote the well-being of its peoples and to work for the sustainable development of Europe based on a highly competitive social market economy, aiming at full employment and social progress. The Union is to combat social exclusion and discrimination, promote social justice and protection, equality between women and men, solidarity between generations and protection of the rights of the child.

                  (2)

                  Pursuant to Article 9 of the Treaty on the Functioning of the European Union (TFEU), the Union, in defining and implementing its policies and activities, is to take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health.

                  (3)

                  Point (c) of Article 153(1) TFEU enables the Union to support and complement the activities of the Member States in the field of social security and social protection of workers. Union action can also be pursued to address challenges regarding access to social protection for people in self-employment on the basis of Article 352 TFEU, which contains a provision allowing the Council to adopt appropriate measures to attain objectives laid down by the Treaties where the Treaties have not provided the necessary powers.

                  (4)

                  On 17 November 2017 the European Parliament, the Council and the Commission solemnly proclaimed the European Pillar of Social Rights. Principle 12 of the European Pillar of Social Rights states that, regardless of the type and duration of their employment relationship, workers, and, under comparable conditions, the self-employed have the right to adequate social protection.

                  (5)

                  The social partners have committed to continue contributing to a Europe that delivers for its workers and enterprises.

                  (6)

                  In its resolution of 19 January 2017 on a European Pillar of Social Rights, the European Parliament underlined the need for adequate social protection and social investment throughout people’s lives, enabling everyone to participate fully in society and the economy and sustaining decent living standards.

                  (7)

                  In its opinion on the communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions launching a consultation on a European Pillar of Social Rights, the European Economic and Social Committee emphasised the need to ensure that all workers are covered by fundamental labour standards and adequate social protection.

                  (8)

                  Social protection systems in their different forms are the cornerstone of the European social model and of a well-functioning social-market economy. The key function of social protection is to protect people against the financial implications of social risks, such as illness, old age, accidents at work and job loss, to prevent and alleviate poverty and to uphold a decent standard of living. Well-designed social protection systems can also facilitate participation in the labour market by contributing to activation and supporting the return to work and labour-market transition for individuals who switch jobs, move in or out of work, start a company or close one down. They contribute to competitiveness and sustainable growth as they support investment in human capital and can help to reallocate human resources towards emerging and dynamic sectors of the economy. They also have a role to play as automatic stabilisers by smoothening consumption over the course of the business cycle.

                  (9)

                  Social protection can be provided through benefits in kind or in cash. It is generally provided through universal schemes that protect all individuals and financed through general taxation and/or through schemes that protect people in the labour market, which are often based on contributions related to their work income. Social protection includes several branches, covering a variety of social risks ranging from old age to illness or unemployment. This Recommendation applies to the branches of social protection which are often more closely related to participation in the labour market and mostly ensure protection from loss of work-related income upon the occurrence of a certain risk. This Recommendation does not apply to the provision of access to social assistance and minimum income schemes. It complements existing Union-level guidance on social services and assistance as well as on the active inclusion of people excluded from the labour market, such as the Commission Recommendation of 3 October 2008 on the active inclusion of people excluded from the labour market.

                  (10)

                  Globalisation, technological developments, changes in individual preferences, and demographic ageing have driven changes in the Union labour markets for the last two decades and will continue to do so in the future. Employment will increasingly be more diverse, and careers will be less and less linear.

                  (11)

                  A variety of employment relationships and forms of self-employment exist in Union labour markets alongside full-time open-ended employment contracts. Some of them have existed in the labour market for a long time (such as fixed, temporary, part-time, domestic work, or traineeships), whereas others, such as on-demand work, voucher-based work and platform work, have developed more recently and increased in importance since the 2000s.

                  (12)

                  The self-employed in particular form a heterogeneous group. Most individuals voluntarily choose to be self-employed, with or without employees, taking the risk to become entrepreneurs, while one out of five self-employed persons is self-employed because he or she cannot find a job as an employee.

                  (13)

                  As labour markets evolve, social protection systems in their different forms need to evolve too, so as to ensure that the European social model is future-proof and that it enables Union societies and economies to make the most of the future world of work. In most Member States, however, the rules governing contributions and entitlements for social protection schemes are still largely based on full-time open-ended contracts between a worker and a single employer, while other groups of workers and the self-employed are more marginally covered. Evidence shows that some non-standard workers and some self-employed persons have insufficient access to the branches of social protection which are more closely related to participation in the labour market. Only a few Member States have undertaken reforms to adapt social protection systems to the changing nature of work to protect affected workers and the self-employed better. Improvements have been uneven across Member States and across branches of social protection.

                  (14)

                  In the long run, the gaps in access to social protection could put at risk the welfare and health of individuals and contribute to increasing economic uncertainty, the risk of poverty and inequalities. They could also lead to suboptimal investment in human capital, reduce trust in institutions and limit inclusive economic growth. Such gaps could also reduce the revenues of social protection if a growing number of people do not contribute to the schemes.

                  (15)

                  Workers and self-employed persons can be identified as formally covered by a specific social protection branch if the existing legislation or collective agreement states that they are entitled to participate in a social protection scheme in that specific branch. Formal coverage can be provided via mandatory or voluntary schemes. The latter give the opportunity to individuals to join a scheme (opt-in clauses) or cover all individuals of the target group by default, giving them the opportunity to leave the scheme if they so wish (opt-out clauses). Evidence shows that voluntary schemes with opt-out clauses have higher membership rates and therefore provide better coverage than voluntary schemes with opt-in clauses.

                  (16)

                  Workers and self-employed persons can be identified as effectively covered in a specific social protection branch if they have the opportunity to accrue adequate benefits and the ability, in of the event that the corresponding risk materialises, to access a given level of benefits. A person may be granted formal access without de facto being able to build and take up entitlements to benefits.

                  (17)

                  Social protection is considered to be adequate when it allows individuals to uphold a decent standard of living, replace their income loss in a reasonable manner and live with dignity, and prevents them from falling into poverty while contributing, where appropriate, to activation and facilitating the return to work. When assessing the adequacy, the Member State’s social protection system as a whole needs to be taken into account, which means that all social protection benefits of a Member State need to be considered.

                  (18)

                  In some Member States, certain categories of worker, such as short part-time workers, seasonal workers, on-demand workers, platform workers and those on temporary agency contracts or traineeships are excluded from social protection schemes. Moreover, workers who do not have full-time, open-ended contracts can encounter difficulties in being effectively covered by social protection, because they may not fulfil entitlement criteria for receiving benefits from contribution-based social protection schemes. The self-employed are completely excluded from formal access to key social protection schemes in some Member States; in other Member States, they are able to join them on a voluntary basis. Voluntary coverage may be a suitable solution in the case of unemployment insurance, which is more closely associated with entrepreneurial risk; it is less justifiable for other risks, such as illness, which are largely unrelated to a person’s status in the labour market.

                  (19)

                  The rules governing entitlements could work to the disadvantage of non-standard workers and the self-employed. In particular, income and time thresholds (qualifying periods, waiting periods, minimum working periods, duration of benefits) may constitute an unduly high obstacle to accessing social protection for some groups of non-standard workers and for the self-employed. In general, two sets of issues have been identified: firstly, existing differences in rules between standard employees and people in non-standard employment or the self-employed could unnecessarily penalise one group; secondly, the same rules applied to all groups could lead to poorer outcomes for people outside standard employment and might not be adapted to the situation of the self-employed. In both cases, there is scope to tailor the rules more to the situation of the specific groups while maintaining a general principle of universality, so that no one in the labour market would be left uncovered upon the materialisation of a social risk. Specific measures may be needed to avoid people contributing to overlapping schemes, for example when carrying out ancillary activities while already fully covered in their main job.

                  (20)

                  Social protection rights are not always preserved, accumulated and/or transferred when individuals are transitioning between different labour market statuses, for instance going from employment to self-employment or unemployment, combining salaried employment and self-employment, and starting or closing down a business. However, the preservation, accumulation and/or transferability of rights across schemes are crucial in allowing people who combine or change jobs or pass from a worker status to a self-employed status or vice versa to access benefits in contribution-based social protection schemes effectively and to have adequate coverage, as well as to encourage their participation in the case of voluntary social protection schemes.

                  (21)

                  In some cases, benefits can be inadequate, i.e. insufficient or untimely. They might not allow individuals to maintain a decent standard of living or to live with dignity, and might not prevent them from falling into poverty. In such cases, there could be scope to improve adequacy, while also being attentive to the need to enable measures that facilitate the return to work. The rules governing contributions may skew the level playing field and work to the disadvantage of some categories of worker and the self-employed. For instance, social protection contributions for the self-employed may include contributions independent of income, or be set on the basis of past income or assumptions about future income. This can create cash-flow problems for the individual when their income drops below the estimates. If a Member State decides to determine an income threshold under which the worker or self-employed person concerned is not subject to the obligation to make insurance contribution payments, reductions and other measures of progressivity should apply, where appropriate, equally to workers and the self-employed, but should not induce to under-reporting of income. In general, reductions and other measures of progressivity may also be used to promote transitions to less precarious forms of employment and to tackle segmentation.

                  (22)

                  The current regulatory complexity and lack of transparency regarding social protection rules in many Member States may mean that people are insufficiently aware of their rights and obligations and of the ways in which they can exercise their rights and comply with their obligations. This could also contribute to a low take-up rate for or low participation in social protection schemes, especially in the case of a voluntary scheme. Transparency can be achieved in different ways, for example by sending updates on individual entitlements, setting up online simulation tools regarding benefit entitlements and creating online and offline one-stop information centres or personal accounts. Digitalisation can, in particular, contribute to improving transparency for individuals.

                  (23)

                  A lack of statistics on coverage by social protection, broken down by type of employment relationship, age, sex and citizenship, may limit the possibilities for improving the capacity of social protection systems to adapt and respond to the changing world of work.

                  (24)

                  The gaps in access to social protection may have detrimental effects, in terms of economic and fiscal impacts, which are felt across the Union. They are a matter of common interest for the Member States and potentially present obstacles to the achievement of key objectives of the Union.

                  (25)

                  Union legislation already ensures the principle of equal treatment between various types of employment relationship, prohibits any direct or indirect discrimination on the basis of sex in matters of employment, occupation, social protection and access to goods and services, ensures the portability and preservation of rights in the case of mobility between Member States and guarantees minimum requirements for the acquisition and preservation of supplementary pension rights across borders, as well as minimum requirements in terms of transparency for occupational schemes. This Recommendation is without prejudice to the provisions of existing Union law on social protection rights, in particular, Regulation (EC) No 883/2004 of the European Parliament and of the Council (1), Directives 2006/54/EC (2), 2008/94/EC (3), 2008/104/EC (4), 2010/41/EU (5), (EU) 2016/2341 (6), (EU) 2019/1152 (7) and (EU) 2019/1158 (8) of the European Parliament and of the Council, and Council Directives 79/7/EEC (9), 93/103/EC (10), 97/81/EC (11), 1999/70/EC (12), 2004/113/EC (13) and 2010/18/EU (14).

                  (26)

                  Council Recommendation 92/442/EEC (15) identified commonly held objectives in the area of social protection and invited Member States to examine the possibility of introducing and/or developing appropriate social protection for self-employed persons. Those commonly defined objectives have opened room for the Open Method of Coordination for Social Protection and Social Inclusion, an essential instrument to support the definition, implementation and evaluation of national social protection frameworks and to foster mutual cooperation among the Member States in this area.

                  (27)

                  In the framework of the European Semester, the Annual Growth Survey 2018 recalls that improving the adequacy and coverage of social protection is crucial to prevent social exclusion, while the guidelines for the employment policies set out in Council Decision (EU) 2018/1215 (16) call on the Member States to modernise social protection systems.

                  (28)

                  In its Social Protection Floors Recommendation of 2012 (No 202), the International Labour Organization recommends its members, in accordance with national circumstances, to establish as quickly as possible and maintain their social protection floors comprising basic social security guarantees.

                  (29)

                  The Commission has undertaken a two-stage consultation of the social partners under Article 154 TFEU on a possible action addressing the challenges of access to social protection for people in all forms of employment. The procedure set out in Article 154(2) TFEU as such is not applicable to Union action to address challenges related to the self-employed on the basis of Article 352 TFEU. The Commission invited the social partners to share their views as regards persons in self-employment on a voluntary basis.

                  (30)

                  The Commission also carried out a public consultation to seek the views of various stakeholders and citizens and gathered evidence to assess the socioeconomic impacts of this Recommendation.

                  (31)

                  The implementation of this Recommendation should not be carried out in a way that reduces rights set out in existing Union law in this field, nor should it constitute valid grounds for reducing the general level of protection afforded to workers in the field covered by this Recommendation.

                  (32)

                  This Recommendation should avoid imposing administrative, financial or legal constraints in a way which would hold back the creation or development of small and medium-sized enterprises (SMEs). Member States are therefore invited to assess the impact of their reforms on SMEs in order to make sure that SMEs are not disproportionately affected, with specific attention be paid to micro-enterprises and the administrative burden, and to publish the results of such assessments.

                  (33)

                  This Recommendation should not further aggravate the liquidity of undertakings – in particular SMEs – when their financial situation has been negatively affected by late payments from public authorities.

                  (34)

                  The Member States may involve stakeholders, including the social partners, in the design of reforms.

                  (35)

                  This Recommendation is without prejudice to the powers of the Member States to organise their social protection systems. The exclusive competence of the Member States with regard to the organisation of their social protection systems includes, inter alia, decisions on the setting-up, financing and management of such systems and related institutions as well as on the level, substance and delivery of benefits, the level of contributions and the conditions for access. Taking into account the differences between national systems, this Recommendation does not prevent Member States from maintaining or establishing more advanced provisions on social protection than those recommended herein.

                  (36)

                  This Recommendation respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union. In particular, this Recommendation seeks to promote the application of Article 34 of the Charter of Fundamental Rights of the European Union.

                  (37)

                  The financial sustainability of social protection schemes is essential for the resilience, efficiency and effectiveness of such schemes. The implementation of this Recommendation should not significantly affect the financial equilibrium of Member States’ social protection systems,

            HAS ADOPTED THIS RECOMMENDATION:

         Objective and scope

                  1.

                  Member States are recommended to:

                              1.1.

                              provide access to adequate social protection to all workers and self-employed persons in Member States, in line with this Recommendation and without prejudice to the powers of the Member States to organise their social protection systems;

                              1.2.

                              establish minimum standards in the field of social protection of workers and the self-employed, in line with this Recommendation. Social protection can be provided through a combination of schemes, whether publicly organised or organised through devolution to the social partners or other entities, in accordance with the fundamental principles of national social protection systems. Private insurance products are not within the scope of this Recommendation. In accordance with Article 153(4) TFEU, Member States have the right to define the level of contributions and decide which combination of schemes is appropriate.

                  2.

                  This Recommendation covers the right to participate in a scheme as well as the build-up and take-up of entitlements. In particular, Member States are recommended to ensure the following for all workers and the self-employed:

                              (a)

                              formal coverage;

                              (b)

                              effective coverage;

                              (c)

                              adequacy;

                              (d)

                              transparency.

                  3.

                  This Recommendation applies to:

                              3.1.

                              workers and the self-employed, including people transitioning from one status to the other or having both statuses, as well as people whose work is interrupted due to the occurrence of one of the risks covered by social protection;

                              3.2.

                              the following branches of social protection, insofar as they are provided in the Member States:

                                          (a)

                                          unemployment benefits;

                                          (b)

                                          sickness and healthcare benefits;

                                          (c)

                                          maternity and equivalent paternity benefits;

                                          (d)

                                          invalidity benefits;

                                          (e)

                                          old-age benefits and survivors’ benefits;

                                          (f)

                                          benefits in respect of accidents at work and occupational diseases.

                  4.

                  This Recommendation does not apply to the provision of access to social assistance and minimum income schemes.

                  5.

                  While it is acknowledged that different rules could be applicable to workers and the self-employed, the principles of formal coverage, effective coverage, adequacy and transparency defined in this Recommendation apply to all workers and to the self-employed.

                  6.

                  This Recommendation does not prevent Member States from maintaining or establishing more advanced provisions on social protection than those set out in this Recommendation. This Recommendation does not limit the autonomy of the social partners where they are responsible for setting up and managing social protection schemes.

         Definitions

                  7.

                  For the purposes of this Recommendation, the following definitions apply:

                              (a)

                              ‘type of employment relationship’ means one of the various types of relationship between a worker and an employer that can differ with regard to the duration of employment, the number of working hours or other terms of the employment relationship;

                              (b)

                              ‘labour market status’ means the status of a person as either working in the framework of an employment relationship (worker) or working on their own behalf (self-employed);

                              (c)

                              ‘social protection scheme’ means a distinct framework of rules to provide benefits to entitled beneficiaries which specifies the personal scope of the programme, entitlement conditions, the type of benefit, benefit amounts, benefit duration and other benefit characteristics, as well as the financing (contributions, general taxation, other sources), governance and administration of the programme;

                              (d)

                              ‘benefit’ means a transfer in cash or in kind made by a public or private entity to someone entitled to receive it as part of a social protection scheme;

                              (e)

                              ‘formal coverage’ of a group means a situation in a specific social protection branch (e.g. old age, unemployment protection, maternity or paternity protection) where the existing legislation or collective agreement states that the individuals in a group are entitled to participate in a social protection scheme covering a specific branch;

                              (f)

                              ‘effective coverage’ of a group means a situation in a specific social protection branch where the individuals in a group have an opportunity to accrue benefits and the ability, in the event that the corresponding risk materialises, to access a given level of benefits;

                              (g)

                              ‘preservation of rights’ means that rights already acquired in past work experiences are not lost, even if they were acquired through schemes with different rules or under different employment relationships;

                              (h)

                              ‘accumulation of rights’ refers to the possibility of totalising all entitlements and includes making qualifying periods in a previous labour market status (or in concomitant labour market statuses) count towards the qualifying periods in the new status;

                              (i)

                              ‘transferability’ means the possibility of transferring accumulated entitlements to another scheme;

                              (j)

                              ‘transparency’ means the provision of available, accessible, comprehensive and clearly understandable information to the general public, potential scheme members and scheme members and beneficiaries about the scheme’s rules and/or about the individual obligations and entitlements.

         Formal coverage

                  8.

                  Member States are recommended to ensure access to adequate social protection for all workers and self-employed persons in respect of all branches mentioned in point 3.2 of this Recommendation. In light of national circumstances, it is recommended to achieve this objective by improving the formal coverage and extending it to:

                              (a)

                              all workers, regardless of the type of employment relationship, on a mandatory basis;

                              (b)

                              the self-employed, at least on a voluntary basis and where appropriate on a mandatory basis.

         Effective coverage

                  9.

                  Member States are recommended to ensure effective coverage for all workers, regardless of the type of employment relationship, and for the self-employed, under the conditions set out in point 8, while also preserving the sustainability of the system and implementing safeguards to avoid abuse. To that end:

                              (a)

                              rules governing contributions (e.g. qualifying periods, minimum working periods) and entitlements (e.g. waiting periods, calculation rules and duration of benefits) should not prevent individuals from accruing or accessing benefits because of their type of employment relationship or labour market status;

                              (b)

                              differences in the rules governing the schemes between labour market statuses or types of employment relationship should be proportionate and reflect the specific situation of beneficiaries.

                  10.

                  According to national circumstances, Member States are recommended to ensure that entitlements – whether they are acquired through mandatory or voluntary schemes – are preserved, accumulated and/or transferable across all types of employment and self-employment statuses and across economic sectors, throughout the person’s career or during a certain reference period and between different schemes within a given social protection branch.

         Adequacy

                  11.

                  Where a risk insured by social protection schemes for workers and for the self-employed occurs, Member States are recommended to ensure that schemes provide an adequate level of protection to their members in timely manner and in line with national circumstances, maintaining a decent standard of living and providing appropriate income replacement, while always preventing those members from falling into poverty. When assessing adequacy, the Member State’s social protection system needs to be taken into account as a whole.

                  12.

                  Member States are recommended to ensure that the contributions to social protection are proportionate to the contributory capacity of workers and the self-employed.

                  13.

                  In light of national circumstances and where appropriate, Member States are recommended to ensure that any exemptions or reductions in social contributions provided for by national legislation, including those for low-income groups, apply to all types of employment relationship and labour market status.

                  14.

                  Member States are recommended to ensure that the calculation of the social protection contributions and entitlements of the self-employed are based on an objective and transparent assessment of their income base, taking account of their income fluctuations, and reflect their actual earnings.

         Transparency

                  15.

                  Member States are recommended to ensure that the conditions and rules for all social protection schemes are transparent and that individuals have access to updated, comprehensive, accessible, user-friendly and clearly understandable information about their individual entitlements and obligations free of charge.

                  16.

                  Member States are recommended to simplify, where necessary, the administrative requirements of social protection schemes for workers, the self-employed and employers, in particular micro-, small and medium-sized enterprises.

         Implementation, reporting and evaluation

                  17.

                  Member States and the Commission should jointly work on improving the scope and relevance of the collection of data at Union level on the labour force and access to social protection, with a view to informing policymaking on social protection in relation to new forms of work. In this context, Member States are recommended to collect and publish, where possible, reliable national statistics on access to the various forms of social protection, for example broken down by labour market status (self-employed/employee), type of employment relationship (temporary or permanent, part-time or full-time, new forms of work or standard employment), gender and age, by 15 November 2021.

                  18.

                  By 15 November 2020, the Commission should, jointly with the Social Protection Committee, establish a monitoring framework and develop agreed common quantitative and qualitative indicators to assess the implementation of this Recommendation, enabling its review.

                  19.

                  Member States are recommended to implement the principles set out in this Recommendation as soon as possible and submit a plan setting out the corresponding measures to be taken at national level by 15 May 2021. The progress made in the implementation of those plans should be discussed in the context of the multilateral surveillance tools in line with the European Semester and the Open Method of Coordination for Social Protection and Social Inclusion.

                  20.

                  The Commission should review the progress made in the implementation of this Recommendation, also taking into account the impact on SMEs, in cooperation with the Member States and after consulting the stakeholders concerned, and report to the Council by 15 November 2022. On the basis of the results of the review, the Commission may consider making further proposals.

                  21.

                  The Commission should ensure that the implementation of this Recommendation is supported through actions funded by the relevant Union programmes.

                  22.

                  The Commission should facilitate mutual learning and the exchange of best practices among the Member States and with stakeholders.

         Done at Brussels, 8 November 2019.

               For the Council

               The President

            L. ANDERSSON

         (1)  Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ L 166, 30.4.2004, p. 1).

         (2)  Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (OJ L 204, 26.7.2006, p. 23).

         (3)  Directive 2008/94/EC of the European Parliament and of the Council of 22 October 2008 on the protection of employees in the event of the insolvency of their employer (OJ L 283, 28.10.2008, p. 36).

         (4)  Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work (OJ L 327, 5.12.2008, p. 9).

         (5)  Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC (OJ L 180, 15.7.2010, p. 1).

         (6)  Directive (EU) 2016/2341 of the European Parliament and of the Council of 14 December 2016 on the activities and supervision of institutions for occupational retirement provision (IORPs) (OJ L 354, 23.12.2016, p. 37).

         (7)  Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union (OJ L 186, 11.7.2019, p. 105).

         (8)  Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU (OJ L 188, 12.7.2019, p. 79).

         (9)  Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security (OJ L 6, 10.1.1979, p. 24).

         (10)  Council Directive 93/103/EC of 23 November 1993 concerning the minimum safety and health requirements for work on board fishing vessels (thirteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ L 307, 13.12.1993, p. 1).

         (11)  Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC (OJ L 14, 20.1.1998, p. 9).

         (12)  Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ L 175, 10.7.1999, p. 43).

         (13)  Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services (OJ L 373, 21.12.2004, p. 37).

         (14)  Council Directive 2010/18/EU of 8 March 2010 implementing the revised Framework Agreement on parental leave concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC and repealing Directive 96/34/EC (OJ L 68, 18.3.2010, p. 13).

         (15)  Council Recommendation 92/442/EEC of 27 July 1992 on the convergence of social protection objectives and policies (OJ L 245, 26.8.1992, p. 49).

         (16)  Council Decision (EU) 2018/1215 of 16 July 2018 on guidelines for the employment policies of the Member States (OJ L 224, 5.9.2018, p. 4).


title: Council Recommendation of 7 December 2018 on strengthened cooperation against vaccine-preventable diseases

text:
               28.12.2018

               EN

               Official Journal of the European Union

               C 466/1

      COUNCIL RECOMMENDATION
      of 7 December 2018
      on strengthened cooperation against vaccine-preventable diseases
      (2018/C 466/01)
      THE COUNCIL OF THE EUROPEAN UNION,
      Having regard to the Treaty on the Functioning of the European Union, and in particular Article 168(6) thereof,
      Having regard to the proposal from the European Commission,
      Whereas:

                  (1)

                  Pursuant to Article 168 of the Treaty of Functioning of the European Union (TFEU), a high level of human health protection is to be ensured in the definition and implementation of all Union policies and activities. Union action, which is to complement national policies, is to be directed towards improving public health, preventing physical and mental illness and disease, and obviating sources of danger to physical and mental health.

                  (2)

                  In accordance with Article 168(6) TFEU, the Council, on a proposal from the Commission may adopt recommendations for the purposes set out in that Article to improve public health, in particular in relation to combating major health scourges, and monitoring, early warning of and combating serious cross-border threats to health. Vaccine-preventable diseases are considered major health scourges.

                  (3)

                  Vaccination is one of the most powerful and cost-effective public health measures developed in the 20th century and remains the main tool for primary prevention of communicable diseases.

                  (4)

                  While vaccination programmes are the responsibility of the Member States, the cross-border nature of vaccine-preventable diseases and the common challenges faced by national immunisation programmes would benefit from more coordinated EU action and approaches to preventing or limiting the spread of epidemics and diseases with a cross-border dimension.

                  (5)

                  The rapid spread of misinformation through social media and by vocal anti-vaccination activists has fuelled misconceptions that are shifting the public focus away from the individual and collective benefits of vaccination and the risks posed by communicable diseases and towards increased distrust and fears of unproven adverse events. Action is needed to strengthen dialogue with citizens, to understand their genuine concerns and doubts about vaccination and to adequately address these issues, on the basis of individual needs.

                  (6)

                  Healthcare workers play a key role in working towards the goal of improved vaccination coverage rates. To support their efforts, they should be offered opportunities for continuing education and training on vaccination in accordance with national recommendations.

                  (7)

                  Cases where vaccination coverage rates of healthcare workers are considered insufficient with respect to national recommendations should be addressed in order to protect those workers and their patients.

                  (8)

                  The variation in vaccination schedules between Member States with regard to recommendations, type of vaccines used, number of doses administered, and timing increases the risk that citizens, particularly children, miss a vaccination while moving from one Member State to another.

                  (9)

                  The need to bring immunisation services closer to citizens requires dedicated efforts to reach out to the most vulnerable in society, in particular through community-based providers. The European Structural Funds, in particular the European Social Fund (‘ESF’) and the European Regional Development Fund (‘ERDF’), offer significant opportunities for Member States to strengthen vaccine-related training of healthcare workers and to reinforce health infrastructure capacities in the area of vaccination.

                  (10)

                  Demographic changes, mobility of people, climate change and waning immunity are contributing to epidemiological shifts in the burden of vaccine-preventable diseases, which require vaccination programmes with a life-course approach beyond childhood years. This approach aims to ensure adequate lifelong protection and contributes to healthy living and healthy ageing as well as the sustainability of healthcare systems.

                  (11)

                  Vaccine shortages have direct consequences for the delivery and implementation of national vaccination programmes; Member States face various vaccine supply disruptions, production capacities in the EU remain limited and difficulties persist in sharing vaccines across borders, while the lack of coordinated forecast planning contributes to demand uncertainty. In this context, the European Union and its citizens remain vulnerable in the event of outbreaks of communicable diseases.

                  (12)

                  The need to rapidly advance research and development of new vaccines and improve or adapt existing ones requires innovative partnerships and platforms, high-level expertise and stronger links between disciplines and sectors, as well as investment in social and behavioural science research to improve understanding of context-specific determinants underpinning vaccine-hesitant attitudes.

                  (13)

                  The Council conclusions on vaccination as an effective tool in public health (1) already identify some of these key challenges and ways forward, and call on Member States and the Commission to develop joint actions to share best practices on vaccination policies.

                  (14)

                  The Council conclusions on childhood immunisation (2) specifically call for the refinement of immunisation registers and information systems to improve the monitoring of vaccination programmes and facilitate the exchange of information between vaccine service providers.

                  (15)

                  The Commission Communication on the implementation of the Digital Single Market Strategy (3) and the Communication on the eHealth Action Plan 2012-2020 (4) recall the importance of the digital health agenda and the need to prioritise the development of eHealth and big data solutions. These initiatives are reinforced by the Commission Communication on enabling the digital transformation of health and care in the Digital Single Market (5), to ensure modern and sustainable healthcare models as well as empowered citizens and healthcare workers.

                  (16)

                  Directive 2000/54/EC (6) on the protection of workers from risks related to exposure to biological agents at work lays down minimum requirements to ensure workers' protection, including the need to offer vaccines for those not previously immunised, and Council Directive 2010/32/EU (7) implementing the Framework Agreement on prevention from sharp injuries in the hospital and healthcare sector concluded by HOSPEEM and EPSU provides that if the risk assessment reveals that there is a risk to the safety and health of workers due to their exposure to biological agents for which effective vaccines exist, workers should be offered vaccination.

                  (17)

                  Decision 1082/2013/EU (8) on serious cross-border threats to health provides the basis for the establishment of a voluntary mechanism for the advance purchase of medical countermeasures for serious cross-border threats to health.

                  (18)

                  The Council conclusions on common values and principles in European Union health systems (9) endorse the principles and overarching values of universality, access to good quality care, equity and solidarity, which are of paramount importance to ensure equity of access to vaccination services regardless of age, social status, or geographical location, in accordance with national and regional immunisation programmes.

                  (19)

                  Regulation (EC) No 851/2004 (10) mandates the European Centre for Disease Prevention and Control (‘ECDC’) to support the prevention and control of communicable diseases and foster the exchange of best practices and experience with regard to vaccination programmes. In addition, the ECDC coordinates data collection, validation, analysis and dissemination at EU level, including on vaccination strategies.

                  (20)

                  Directive 2001/83/EC (11) and Regulation (EU) No 726/2004 (12) on the community code relating to medicinal products for human use and establishing a European Medicines Agency provide regulatory authorities with the mandate to promote and protect public health by authorising the use of safe and effective vaccines and by continuously assessing their benefit and risk profile following the granting of marketing authorisation.

                  (21)

                  The Commission One Health Action Plan (13) supports the EU Member States in their fight against antimicrobial resistance (AMR) and calls for streamlined pathways for the authorisation of new antibacterial agents and for research on and development of new vaccines for pathogens associated with antimicrobial resistance to be boosted.

                  (22)

                  The European Parliament resolution of 19 April 2018 on vaccine hesitancy and the drop in vaccination rates in Europe (14) calls on Member States to ensure sufficient vaccination of healthcare workers, take effective steps against misinformation, and implement measures for improving access to medicines. It also calls on the Commission to facilitate a more harmonised schedule for vaccination across the EU.

                  (23)

                  The Commission Action Plan on Fake News and Online Disinformation aims to contribute to the development of an EU-level strategy on tackling the spreading of disinformation, and the Commission Communication on tackling disinformation (15) addresses online platform challenges as regards the spreading of disinformation.

                  (24)

                  The Commission has supported improving access to modern and essential vaccines in the 77 poorest countries through Gavi, The Vaccine Alliance (‘Gavi’) since its inception in 2000. EUR 83 million had been contributed by 2015, which contributed to fully immunising 277 million children in the period 2011-2015, and another EUR 200 million have been pledged for the period 2016-2020, with plans to immunise another 300 million children between 2016 and 2020.

                  (25)

                  At the 2012 World Health Assembly, ministers for health endorsed the Global Vaccine Action Plan, to ensure that by 2020 no one misses out on vital immunisation. In 2014 the European Regional Committee of the World Health Organisation (‘WHO’) adopted the European Vaccine Action Plan 2015-2020.

                  (26)

                  Goal 3 of the 2030 Agenda for Sustainable Development (16) - ‘Ensure healthy lives and promote well-being for all at all ages’ - underlines the importance of vaccines in protecting people against diseases. Furthermore, through the European Consensus on Development ‘Our World, Our Dignity, Our Future’ (17), the EU and its Member States reaffirm their commitment to protecting the right of everyone to enjoy the highest attainable standard of physical and mental health, including by helping to secure access to affordable essential medicines and vaccines for all.

                  (27)

                  A Joint Action on Vaccination, co-funded by the third Programme for the Union's action in the field of health (18), starting in 2018, is to focus on sharing best practices on national vaccination policies and identifying technical requirements regarding electronic immunisation information systems, vaccine forecasting, prioritisation of vaccine research and development, and research to address vaccine hesitancy.

                  (28)

                  The actions put forward in this Recommendation aim to increase public health security, reduce inequalities between Member States, and increase the security of vaccine supply within the Internal Market. They complement and reinforce national policies and actions in all Member States while taking into account their different starting points as regards immunisation policies, institutional set-up, regional differences, and healthcare capacities.

                  (29)

                  This Recommendation is consistent with the principles of subsidiarity and proportionality.

            HEREBY RECOMMENDS THAT THE MEMBER STATES:

                  1.

                  Develop and implement vaccination plans, at national and/or regional level, as appropriate, aimed at increasing vaccination coverage with a view to reaching the goals and targets of the WHO's European Vaccine Action Plan by 2020. These plans could include, for example, provisions for sustainable funding and vaccine supply, a life-course approach to vaccination, capacity to respond to emergency situations, and communication and advocacy activities.

                  2.

                  Aim to achieve by 2020, for measles in particular, a 95 % vaccination coverage rate, with two doses of the vaccine for the targeted child population, and work towards closing the immunity gaps across all other age groups, with a view to eliminating measles in the EU.

                  3.

                  Introduce routine checks of vaccination status and regular opportunities to vaccinate across different stages of life, through routine visits to the primary healthcare system and through additional measures taken, for example when beginning (pre-) school, in the workplace or in care facilities, according to national capacities.

                  4.

                  Facilitate access to national and/or regional vaccination services, by:

                              (a)

                              simplifying and broadening opportunities to offer vaccination, leveraging community-based providers; and

                              (b)

                              ensuring targeted outreach to the most vulnerable groups, including socially excluded groups, so as to bridge inequalities and gaps in vaccination coverage.

                  5.

                  Encourage and cooperate with higher education institutions and relevant stakeholders to consider including and strengthening training on vaccine-preventable diseases, vaccinology, and immunisation in national medical curricula and any continuing medical education programmes for healthcare workers across all sectors whenever advisable, to strengthen their key role in aiming for higher vaccination coverage rates.
                  Make use of the opportunities offered by the ESF and the ERDF in order to support the training and skills development of healthcare workers on vaccine-preventable diseases, vaccinology and immunisation and to reinforce national and regional health infrastructure capacities, including electronic immunisation information systems, in the area of vaccination.

                  6.

                  Wherever necessary, increase communication activities and awareness-raising on the benefits of vaccination by:

                              (a)

                              presenting scientific evidence in a form understandable to laypersons, using different context-based strategies, to counter the spread of misinformation, including, for example, through digital tools and partnerships with civil society and other relevant stakeholders;

                              (b)

                              engaging with and offering training for relevant actors, such as healthcare workers, education stakeholders, social partners and the media as multipliers, to fight complacency and increase trust in immunisation.

                  7.

                  Explore the possibility of developing the capacity of health and healthcare institutions to have electronic information on the vaccination status of citizens, for example based on information systems providing reminder functionalities, capturing up-to-date vaccination coverage data across all age groups, and allowing data linkages and exchanges across the healthcare systems.

                  8.

                  Where appropriate, increase support for vaccine research and innovation so that sufficient resources are available for rapid advancement of new or improved vaccines, and facilitate uptake of vaccine research for better-informed national or regional vaccination programmes and policies.

            HEREBY WELCOMES THE COMMISSION'S INTENTION TO TAKE THE FOLLOWING ACTIONS, IN CLOSE COOPERATION WITH THE MEMBER STATES:

                  9.

                  Aim to establish a European Vaccination Information Sharing (EVIS) system, coordinated by the ECDC, in order to:

                              (a)

                              together with the national public health authorities,

                                          (i)

                                          examine the feasibility of establishing, by 2020, guidelines for a core EU vaccination schedule taking into account WHO recommendations for routine immunisation, aiming to improve the compatibility of national schedules and promote equity in Union citizens' health protection, as well as the feasibility of creating a common vaccination card;

                                          (ii)

                                          strengthen consistency, transparency, and methodologies in the assessment of national and regional vaccination plans, by sharing scientific evidence and tools with the support of National Immunisation Technical Advisory Groups (NITAGs);

                                          (iii)

                                          design EU methodologies and guidance on data requirements for better monitoring of vaccination coverage rates across all age groups, including healthcare workers, in cooperation with the WHO and collect such data and share them at EU level;

                              (b)

                              establish, by 2019, a European vaccination information portal, with the support of the European Medicines Agency, to provide objective, transparent and updated evidence online on vaccination and vaccines, their benefits and safety, and the pharmacovigilance process;

                              (c)

                              counter online vaccine misinformation and develop evidence-based information tools and guidance to support Member States in responding to vaccine hesitancy, in line with the Commission Communication on tackling online disinformation.

                  10.

                  With the support of the European Medicines Agency and in cooperation with the ECDC, continuously monitor the benefits and risks of vaccines and vaccinations, at EU level, including through post-marketing surveillance studies.

                  11.

                  Work towards developing methodologies and strengthen capacities to assess the relative effectiveness of vaccines and vaccination programmes.

                  12.

                  Strengthen the effective application of Union rules on the protection of workers from risks related to exposure to biological agents at work, as laid down in Directive 2000/54/EC and Council Directive 2010/32/EU, taking into account national competences, in particular by supporting continuing education of healthcare workers, monitoring their immunisation status and actively offering vaccination where necessary, to ensure adequate levels of patient and healthcare-workers safety.

                  13.

                  Provide evidence and data, including through the European Schoolnet, to support Member States' efforts to strengthen the aspects related to vaccinology and immunisation in their national medical curricula and postgraduate education.

                  14.

                  Work towards strengthening vaccine supply and mitigating risks of shortages by:

                              (a)

                              considering developing a virtual European data warehouse on vaccine needs and, if applicable, offerable stocks, to facilitate the voluntary exchange of information on available supplies, possible surpluses and global shortages of essential vaccines;

                              (b)

                              considering developing a concept for a mechanism for exchanging vaccine supplies from one Member State to another in the event of an outbreak, improving links between supply of and demand for vaccines;

                              (c)

                              exploring the feasibility of physical stockpiling and engaging in a dialogue with vaccine producing companies on a mechanism to facilitate the stockpiling and availability of vaccines in case of outbreaks, taking into account global shortages of essential vaccines;

                              (d)

                              considering, jointly with stakeholders, in particular with the vaccine-manufacturing industry, which has a key role in meeting these aims, possibilities for improving EU manufacturing capacity, ensuring continuity of supply and ensuring diversity of suppliers;

                              (e)

                              exploring the possibilities of joint procurement of vaccines or antitoxins to be used in pandemics, unexpected outbreaks and in cases of small vaccine demand (small number of cases or very specific populations to be covered);

                              (f)

                              supporting the EU Official Medicines Control Laboratories network and its work to ensure that vaccines placed on the EU market are of high quality;

                              (g)

                              monitoring compliance with the obligation of continuous supply of medicines placed on marketing authorisation holders (Article 81 of Directive 2001/83/EC) and exploring ways to enhance compliance with that obligation;

                              (h)

                              considering facilitating — together with the European Medicines Agency — early dialogue with developers, national policy-makers and regulators in order to support the authorisation of innovative vaccines, including for emerging health threats.

                  15.

                  Increase the effectiveness and efficiency of EU and national vaccine research and development funding by efforts to:

                              (a)

                              reinforce existing partnerships and research infrastructures and establish new ones, including for clinical trials;

                              (b)

                              seek consensus on unmet population needs and agreed priorities for vaccines that can be used to inform future vaccine research funding programmes at national and EU level, including leveraging the advantages of the Coalition for Epidemic Preparedness Innovations (‘CEPI’) and the Global Research Collaboration for Infectious Disease Preparedness (‘GloPID-R’);

                              (c)

                              consider investing in behavioural and social science research on the determinants of vaccine hesitancy across different subgroups of the population and healthcare workers.

            HEREBY WELCOMES THE COMMISSION'S INTENTION TO:

                  16.

                  Examine issues of insufficient vaccine coverage caused by cross-border movement of people within the EU and look into options for addressing them, including by examining the feasibility of developing a common vaccination card/passport for EU citizens (that takes into account potentially different national vaccination schedules and) that is compatible with electronic immunisation information systems and recognised for use across borders, without duplicating work at national level.

                  17.

                  Aim at producing on a regular basis, for example in the context of State of Health in the EU process, a report on the state of vaccine confidence in the EU, to monitor attitudes to vaccination. Based on that report and taking into account related work by WHO, present guidance that can support Member States in countering vaccine hesitancy.

                  18.

                  Convene a Coalition for Vaccination to bring together European associations of healthcare workers as well as relevant students' associations in the field, to commit to delivering accurate information to the public, combating myths and exchanging best practice.

                  19.

                  Strengthen the impact of the annual European Immunisation Week by hosting an EU public awareness initiative and supporting Member States' own activities.

                  20.

                  Identify barriers to access and support interventions to increase access to vaccination for disadvantaged and socially excluded groups, including by promoting health mediators and grassroots community networks, in line with national recommendations.

                  21.

                  Develop guidance to overcome the legal and technical barriers impeding the interoperability of national immunisation information systems, having due regard to rules on personal data protection, as set out in the Commission Communication on enabling the digital transformation of health and care in the Digital Single Market, empowering citizens and building a healthier society.

                  22.

                  Continue to support research and innovation through the EU framework programmes for research and innovation for the development of safe and effective new vaccines and the optimisation of existing vaccines.

                  23.

                  Strengthen existing partnerships and collaboration with international actors and initiatives, such as the WHO and its Strategic Advisory Group of Experts on Immunization (SAGE), the European Technical Advisory Group of Experts on Immunization (ETAGE), the Global Health Security Initiative and Agenda processes (Global Health Security Initiative, Global Health Security Agenda), Unicef and financing and research initiatives like Gavi, CEPI, GloPID-R and JPIAMR (the Joint Programming Initiative on Antimicrobial Resistance).

                  24.

                  Report on a regular basis on progress in implementing this Recommendation based on indicators agreed with Member States and on information from other relevant sources.

         Done at Brussels, 7 December 2018.

               For the Council

               The President

            B. HARTINGER-KLEIN

         (1)  Council conclusions on vaccination as an effective tool in public health (2014/C 438/04) (OJ C 438, 6.12.2014, p. 3).

         (2)  Council conclusions on childhood immunisation: successes and challenges of European childhood immunisation and the way forward (OJ C 202, 8.7.2011, p. 4).

         (3)  Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the Mid-Term Review on the implementation of the Digital Single Market Strategy A Connected Digital Single Market for All, COM/2017/0228.

         (4)  Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the eHealth Action Plan 2012-2020, COM/2012/736.

         (5)  Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on enabling the digital transformation of health and care in the Digital Single Market; empowering citizens and building a healthier society, COM(2018) 233.

         (6)  Directive 2000/54/EC of the European Parliament and of the Council of 18 September 2000 on the protection of workers from risks related to exposure to biological agents at work (OJ L 262, 17.10.2000, p. 21).

         (7)  Council Directive 2010/32/EU of 10 May 2010 implementing the Framework Agreement on prevention from sharp injuries in the hospital and healthcare sector concluded by HOSPEEM and EPSU (OJ L 134, 1.6.2010, p. 66).

         (8)  Decision 1082/2013/EU of the European Parliament and of the Council of 22 October 2013 on serious cross-border threats to health and repealing Decision No 2119/98/EC (OJ L 293, 5.11.2013, p. 1).

         (9)  Council conclusions on common values and principles in European Union health systems (OJ C 146, 22.6.2006, p. 1).

         (10)  Regulation (EC) No 851/2004 of the European Parliament and of the Council of 21 April 2004 establishing a European Centre for Disease Prevention and Control (OJ L 142, 30.4.2004, p. 1).

         (11)  Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67).

         (12)  Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency (OJ L 136, 30.4.2004, p. 1).

         (13)  Commission Communication on a One Health Action Plan to support Member States in the fight against antimicrobial resistance COM(2017) 339.

         (14)  European Parliament resolution on vaccine hesitancy and the drop in vaccination rates in Europe (not yet published in the Official Journal).

         (15)  Commission Communication on Tackling Online Disinformation: a European Approach, COM(2018) 236.

         (16)  Resolution 70/1 adopted by the General Assembly of United Nations on 25 September 2015: ‘Transforming our world: the 2030 Agenda for Sustainable Development’.

         (17)  Joint Statement by the Council and the representatives of the governments of the Member States meeting within the Council, the European Parliament and the Commission — The New European Consensus on Development ‘Our World, Our Dignity, Our Future’ (OJ C 210, 30.6.2017, p. 1).

         (18)  Regulation (EU) No 282/2014 of the European Parliament and of the Council of 11 March 2014 on the establishment of a third Programme for the Union's action in the field of health (2014-2020) and repealing Decision No 1350/2007/EC (OJ L 86, 21.3.2014, p. 1).