20.2.2016

Official Journal of the European Union

C 67/1

COUNCIL RECOMMENDATION

of 15 February 2016

on the integration of the long-term unemployed into the labour market

(2016/C 67/01)

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 Article 148(2) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)

The unemployment rate in the Union increased to a historically high level following the 2008-2009 financial and economic crisis. It is currently decreasing, but long-term unemployment remains very high. Long-term unemployment affects each Member State to a different extent, particularly as the impact of the crisis has been uneven and the macroeconomic situation, economic structure and functioning of the labour market vary from one Member State to another.

(2)

After years of subdued growth and low job-creation, in 2014 long-term unemployment, defined by Eurostat as the number of people who are out of work and have been actively seeking employment for at least a year, affected more than 12 million workers, or 5 % of the active Union population, 62 % of whom had been jobless for at least two consecutive years.

(3)

Long-term unemployment is affecting the persons concerned, lowering the potential growth of Union economies, increasing the risk of social exclusion, poverty and inequality, and adding to the costs of social services and public finances. Long-term unemployment leads to a loss of income, an erosion of skills, a higher incidence of health problems and increased household poverty.

(4)

Among the most vulnerable to long-term unemployment are people with low skills or qualifications, third-country nationals, persons with disabilities and disadvantaged minorities such as the Roma. A person's previous occupation also plays an important role, as in some countries sectoral and cyclical aspects are key in explaining the persistence of long-term unemployment.

(5)

Every year, close to a fifth of the long-term unemployed persons in the Union become discouraged and fall into inactivity as a result of unsuccessful job-search efforts. As the barriers to labour-market integration are diverse and often cumulate, labour-market integration requires a tailor-made, individualised approach and coordinated service provision.

(6)	The long-term unemployed make up half of the total number of unemployed persons in the Union but account for less than a fifth of participants in active labour market measures. Correspondingly, a low proportion of the long-term unemployed (on average 24 %) are covered by unemployment benefits.

(7)

Investment in human capital should be improved and made more efficient with the aim of equipping more people with good and relevant skills and competences, addressing skill shortages and laying the foundation for a smooth transition from learning to work and for continued employability. Improving the performance and relevance of education and training systems will help to reduce the number of newly unemployed persons. To this end, the modernisation of education and training systems should be pursued in line with the European Semester, the Council Conclusions of 12 May 2009 on a Strategic Framework for European Cooperation in Education and Training (ET 2020) (1) and Recommendation 2006/962/EC of the European Parliament and of the Council of 18 December 2006 on key competences for lifelong learning (2).

(8)

With a view to developing a coordinated strategy for employment, the 2015 Guidelines for the employment policies of the Member States (3) call for long-term and structural unemployment to be significantly reduced by means of comprehensive and mutually reinforcing strategies that include individualised active support for a return to the labour market.

(9)

While Member States remain competent to choose the labour-market measures best suited to their individual situation, the guidelines call on Member States to promote employability by investing in human capital through effective and efficient education and training systems that raise the skill level of the workforce. The guidelines also specifically call on Member States to encourage work-based learning systems such as dual learning and to upgrade professional training. The guidelines more generally request Member States to take into account flexicurity principles and to strengthen active labour market measures by increasing their effectiveness, targeting, outreach, coverage and interplay with income-support and social-service provision.

(10)	The actions proposed in this recommendation should be fully compatible with the country-specific recommendations issued in the context of the European Semester, and their implementation should take place in full compliance with the rules of the Stability and Growth Pact.

(11)

Commission Recommendation 2008/867/EC of 3 October 2008 on the active inclusion of people excluded from the labour market (4) sets out an integrated, comprehensive strategy for the active inclusion of those excluded from the labour market, combining adequate income support, inclusive labour markets and access to quality services. It aims to facilitate the integration into sustainable, quality employment of those able to work and to provide them with resources which are sufficient to live with dignity.

(12)

The European Social Fund is the Union's main financial instrument for tackling long-term unemployment. For the period 2014-2020, Member States have allocated substantial funding to support the integration of the long-term unemployed into the labour market. Other funds, such as the European Regional Development Fund and the European Agricultural Fund for Rural Development, may also complement the measures financed by the European Social Fund in accordance with the allocations for the relevant investment priorities for 2014-2020, namely by supporting job-creation, the modernisation of public employment services and vocational education, training for skills and lifelong learning. In this framework, future relevant discussions should consider how to further strengthen the integration in the labour market of the long-term unemployed.

(13)	The Council recommendation of 20 December 2012 on the validation of non-formal and informal learning (5) calls for action to offer individuals the opportunity to demonstrate what they have learned outside formal education and training.

(14)	The European Council Conclusions of 14-15 March 2013 emphasised that addressing unemployment is the most important social challenge and that reducing long-term unemployment and ensuring full participation of older workers is crucial.

(15)	Long-term unemployment has been identified by the European Parliament as a major impediment to growth.

(16)

Intensified labour-market integration efforts for those most severely affected by long-term unemployment should be developed taking into account national practices. This should go hand in hand with improved registration with employment services and other competent agencies in order to tackle the lack of coverage of support measures. Countries with large numbers of registered long-term unemployed persons may prioritise in their efforts those who are already registered.

(17)

A preventive approach would be favourable in terms of efficiency and effectiveness. Prevention and activation measures mainly focusing on the start of the unemployment period should be strengthened and, where necessary, complemented. Specific action for the registered long-term unemployed should be taken at the very latest when they reach 18 months of unemployment, as this is when support mechanisms and services for this particular group change in a large number of Member States.

(18)

Individualised approaches to support the long-term unemployed should address the barriers leading to persistent unemployment, updating and complementing the initial assessment made upon registration. This will guide long-term unemployed persons towards support services sufficiently tailored to individual needs, such as debt-counselling, rehabilitation, social support services, care services, migrant integration, housing and transport support, aimed at addressing barriers to work and empowering those persons to reach clear goals leading to employment.

(19)

Employer involvement in the integration of long-term unemployed persons is essential and should be supported through the provision of dedicated services by employment services, accompanied by well-targeted financial incentives and the involvement of social partners. Stronger employer engagement, complemented by measures to reinforce job-creation in the economy, may further increase the effectiveness of integration measures.

(20)

Recent policy initiatives such as the Council recommendation of 22 April 2013 on establishing a Youth Guarantee (6) call for working in partnership as a new method for the implementation of social and employment policy. Coordinated service provision is crucial, particularly in Member States where responsibilities for supporting the long-term unemployed are divided between the public employment services, social welfare agencies and local government.

(21)

Drafted to reflect the individual situation of a long-term unemployed person, a job-integration agreement should detail a package of individualised measures available at national level (such as those concerning the labour market, education, training and social support services) designed to support and empower a long-term unemployed person in overcoming specific obstacles to employment. Such agreements should define goals, timelines, the obligations of the long-term unemployed person and the service provider's or service providers' offer, and should indicate available integration measures.

(22)

The actions proposed in this recommendation should take into account the diversity of the Member States and their different starting points as regards the macroeconomic situation, the level of long-term unemployment as well as its fluctuation rate, the institutional set-up, regional differences and the capacity of the various labour-market players. Those actions should complement and reinforce the policy approach currently implemented by many Member States, in particular by introducing flexible components such as the individualised approach and coordinated service provision, and by involving employers.

(23)	This recommendation duly observes, reinforces and enhances fundamental rights, in particular as established by Article 29 and Article 34 of the Charter of Fundamental Rights of the European Union,

HEREBY RECOMMENDS THAT MEMBER STATES:

Support the registration of jobseekers and a closer labour-market orientation of integration measures, inter alia, through a closer link with employers.

Provide individual assessments to registered long-term unemployed persons.

Make a specific offer of a job-integration agreement at the very latest when a long-term unemployed person has reached 18 months of unemployment. For the purposes of this recommendation, a ‘job-integration agreement’ is understood to be a written agreement between a registered long-term unemployed person and a single point of contact, having the objective of facilitating that person's transition into employment on the labour market.

To that effect:

Registration

(1)

Encourage the registration of jobseekers with an employment service, in particular through improved provision of information on the support available.

Individual assessment and approach

Employment services, together with other partners supporting labour-market integration, provide personalised guidance to those concerned.

(2)

Ensure that registered long-term unemployed persons are offered in-depth individual assessments and guidance at the very latest when they reach 18 months of unemployment. The assessment should cover their employability prospects, barriers to employment and previous job-search efforts.

(3)

Inform registered long-term unemployed persons about job offers and available support in different sectors of the economy and, where appropriate, in different regions and other Member States, in particular through the European Employment Services (EURES).

Job-integration agreements

Registered long-term unemployed persons not covered by the Youth Guarantee are offered a job-integration agreement at the very latest when they have reached 18 months of unemployment. This should comprise, as a minimum, an individual service offer aimed at finding a job and the identification of a single point of contact.

(4)

Target the specific needs of registered long-term unemployed persons by means of a job-integration agreement which combines relevant services and measures provided by different organisations.

(a)

The job-integration agreement should detail explicit goals, timelines and the obligations which the registered long-term unemployed person must meet, such as taking active steps to find a job, accepting offers of suitable work and attending and participating in education or training, re-qualification or employment measures.

(b)

The job-integration agreement should also detail the service provider's or service providers' offer to the long-term unemployed person. Depending on the availability in the Member States and based on the individual circumstances of the registered long-term unemployed person, the job-integration agreement could include: job-search assistance and in-work assistance; the validation of non-formal and informal learning; rehabilitation, counselling and guidance; education; vocational education and training; work experience; social support; early childhood education and care; health and long-term care services; debt-counselling; and housing and transport support.

(c)	The job-integration agreement should be regularly monitored in the light of changes in individual situation of the registered long-term unemployed person and, if necessary, it should be adapted to improve that person's transition into employment.

(5)

Put in place the necessary arrangements to ensure continuity and identify a single point of contact responsible for supporting registered long-term unemployed persons through a coordinated service offer involving available employment and social support services. This point of contact could be based on a framework of inter-institutional coordination and/or be identified within existing structures.

Facilitate the smooth and secure transmission of relevant information concerning registered long-term unemployed persons' support history and individual assessments between relevant service providers, in compliance with data-protection legislation, thereby ensuring service continuity.

Enable a better dissemination of relevant information on job vacancies and training opportunities to the service providers involved and ensure that this information reaches long-term unemployed persons.

Closer links with employers

(6)

Encourage and develop partnerships between employers, social partners, employment services, government authorities, social services and education and training providers to provide services that better meet the needs of enterprises and registered long-term unemployed persons.

(7)

Develop services for employers such as the screening of job vacancies, placement support, workplace mentoring and training, and post-placement support to facilitate the professional reintegration of registered long-term unemployed persons.

(8)

Focus any financial incentives on schemes supporting integration into the labour market, such as recruitment subsidies and the reduction of social insurance contributions, in order to increase job opportunities for registered long-term unemployed persons.

HEREBY RECOMMENDS THAT MEMBER STATES AND THE COMMISSION:

Assessment and monitoring

(9)

Monitor within the Employment Committee, in close cooperation with the Social Protection Committee with regard to the social services and income provision, the implementation of this recommendation through the multilateral surveillance within the framework of the European Semester and through the Joint Assessment Framework of indicators. The monitoring should follow up on the extent to which registered long-term unemployed persons have regained employment, whether their integration into the labour market is sustainable and the use of job-integration agreements. The European Network of Public Employment Services should contribute to this monitoring.

(10)

Encourage the assessment of public employment services' performance in relation to the labour-market integration of registered long-term unemployed persons, the sharing of experience and the exchange of good practices under the bench learning process of the European Network of Public Employment Services, established under Decision No 573/2014/EU of the European Parliament and of the Council of 15 May 2014 on enhanced cooperation between public employment services (PES) (7).

(11)

Cooperate to make best use of the European structural and investment funds, in particular the European Social Fund, the European Regional Development Fund and the European Agricultural Fund for Rural Development, in accordance with the relevant investment priorities for the 2014-2020 programmes.

HEREBY RECOMMENDS THAT THE COMMISSION:

(12)

Support and coordinate voluntary initiatives and alliances of companies engaged in the sustainable integration of long-term unemployed persons into the labour market.

(13)

Support social innovation projects to integrate long-term unemployed persons into the labour market, in particular through the Progress section of the Union programme for employment and social innovation (EaSI).

(14)

Evaluate, in cooperation with the Member States and after consulting the stakeholders concerned, the action taken in response to this recommendation and report to the Council by 15 February 2019 on the results of that evaluation.

Done at Brussels, 15 February 2016.

For the Council

The President

M.H.P. VAN DAM

(1) OJ C 119, 28.5.2009, p. 2.

(2) OJ L 394, 30.12.2006, p. 10.

(3) Council Decision (EU) 2015/1848 of 5 October 2015 on guidelines for the employment policies of the Member States for 2015 (OJ L 268, 15.10.2015, p. 28).

(4) OJ L 307, 18.11.2008, p. 11.

(5) OJ C 398, 22.12.2012, p. 1.

(6) OJ C 120, 26.4.2013, p. 1.

(7) OJ L 159, 28.5.2014, p. 32.

20.2.2016

Official Journal of the European Union

C 67/8

Commission notice concerning the date of application of the Regional Convention on pan-Euro-Mediterranean preferential rules of origin or the protocols on rules of origin providing for diagonal cumulation between the Contracting Parties to this Convention

(2016/C 67/04)

For the purpose of the application of diagonal cumulation of origin among the Contracting Parties (1) to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin (2) (hereafter referred to as ‘the Convention’), the Parties concerned notify each other, through the European Commission, of the origin rules in force with the other Parties.

Based on these notifications, the tables attached specify the date from which diagonal cumulation becomes applicable.

The dates mentioned in Table 1 refer to:

—	The date of application of diagonal cumulation on the basis of Article 3 of Appendix I to the Convention, where the free trade agreement concerned refers to the Convention. In that case, the date is preceded by ‘(C)’;

—	The date of application of the protocols on rules of origin providing for diagonal cumulation attached to the free trade agreement concerned, in other cases.

It is recalled that diagonal cumulation can only be applied if the Parties of final manufacture and of final destination have concluded free trade agreements, containing identical rules of origin, with all the Parties participating in the acquisition of originating status, i.e. with all the Parties from which materials used originate. Materials originating in a Party which has not concluded an agreement with the Parties of final manufacture and of final destination shall be treated as non-originating. Specific examples are given in the Explanatory Notes concerning the pan-Euro-Mediterranean protocols on rules of origin (3).

The dates mentioned in Table 2 refer to the date of application of the protocols on rules of origin providing for diagonal cumulation attached to the free trade agreements between the EU, Turkey and the participants to the EU's Stabilisation and Association Process. Each time a reference to the Convention is made in a free trade agreement between Parties in this table, a date preceded by ‘(C)’ has been added in Table 1.

It is also recalled that materials originating in Turkey covered by the EU-Turkey customs union can be incorporated as originating materials for the purpose of diagonal cumulation between the European Union and the countries participating in the Stabilisation and Association Process with which an origin protocol is in force.

The codes for the Contracting Parties listed in the tables are given here below.

—

European Union

—

EFTA States:

—	Iceland	IS
—	Switzerland (including Liechtenstein) (4)	CH (+LI)
—	Norway	NO

—

The Faroe Islands

—

The participants in the Barcelona Process:

—	Algeria	DZ
—	Egypt	EG
—	Israel	IL
—	Jordan	JO
—	Lebanon	LB
—	Morocco	MA
—	West Bank and Gaza Strip	PS
—	Syria	SY
—	Tunisia	TN

—

Turkey

—

The participants in the EU’s Stabilisation and Association Process:

—	Albania	AL
—	Bosnia and Herzegovina	BA
—	The former Yugoslav Republic of Macedonia	MK (5)
—	Montenegro	ME
—	Serbia	RS
—	Kosovo (6)	KO

—

The Republic of Moldova

This notice replaces notice 2015/C 214/05 (OJ C 214, 30.6.2015, p. 5).

Table 1

Date of application of rules of origin providing for diagonal cumulation in the pan-Euro-Med zone

		EFTA states				Participants in the Barcelona Process										Participants in the EU's Stabilisation and Association Process
	EU	CH (+LI)	IS	NO	FO	DZ	EG	IL	JO	LB	MA	PS	SY	TN	TR	AL	BA	KO	ME	MK	RS	MD
EU		1.1.2006 (C) 1.2.2016	1.1.2006 (C) 1.5.2015	1.1.2006 (C) 1.5.2015	1.12.2005 (C) 12.5.2015	1.11.2007	1.3.2006 (C) 1.2.2016	1.1.2006	1.7.2006		1.12.2005	1.7.2009		1.8.2006	(7)	(C) 1.5.2015			(C) 1.2.2015	(C) 1.5.2015	(C) 1.2.2015
CH (+LI)	1.1.2006 (C) 1.2.2016		1.8.2005 (C) 1.7.2013	1.8.2005 (C) 1.7.2013	1.1.2006		1.8.2007	1.7.2005	17.7.2007	1.1.2007	1.3.2005			1.6.2005	1.9.2007	(C) 1.5.2015	(C) 1.1.2015		(C) 1.9.2012	1.2.2016	(C) 1.5.2015
IS	1.1.2006 (C) 1.5.2015	1.8.2005 (C) 1.7.2013		1.8.2005 (C) 1.7.2013	1.11.2005		1.8.2007	1.7.2005	17.7.2007	1.1.2007	1.3.2005			1.3.2006	1.9.2007	(C) 1.5.2015	(C) 1.1.2015		(C) 1.10.2012	1.5.2015	(C) 1.5.2015
NO	1.1.2006 (C) 1.5.2015	1.8.2005 (C) 1.7.2013	1.8.2005 (C) 1.7.2013		1.12.2005		1.8.2007	1.7.2005	17.7.2007	1.1.2007	1.3.2005			1.8.2005	1.9.2007	(C) 1.5.2015	(C) 1.1.2015		(C) 1.11.2012	1.5.2015	(C) 1.5.2015
FO	1.12.2005 (C) 12.5.2015	1.1.2006	1.11.2005	1.12.2005
DZ	1.11.2007
EG	1.3.2006 (C) 1.2.2016	1.8.2007	1.8.2007	1.8.2007					6.7.2006		6.7.2006			6.7.2006	1.3.2007
IL	1.1.2006	1.7.2005	1.7.2005	1.7.2005					9.2.2006						1.3.2006
JO	1.7.2006	17.7.2007	17.7.2007	17.7.2007			6.7.2006	9.2.2006			6.7.2006			6.7.2006	1.3.2011
LB		1.1.2007	1.1.2007	1.1.2007
MA	1.12.2005	1.3.2005	1.3.2005	1.3.2005			6.7.2006		6.7.2006					6.7.2006	1.1.2006
PS	1.7.2009
SY															1.1.2007
TN	1.8.2006	1.6.2005	1.3.2006	1.8.2005			6.7.2006		6.7.2006		6.7.2006				1.7.2005
TR	(7)	1.9.2007	1.9.2007	1.9.2007			1.3.2007	1.3.2006	1.3.2011		1.1.2006		1.1.2007	1.7.2005
AL	(C) 1.5.2015	(C) 1.5.2015	(C) 1.5.2015	(C) 1.5.2015													(C) 1.2.2015	(C) 1.4.2014	(C) 1.4.2014	(C) 1.4.2014	(C) 1.4.2014	(C) 1.4.2014
BA		(C) 1.1.2015	(C) 1.1.2015	(C) 1.1.2015												(C) 1.2.2015		(C) 1.4.2014	(C) 1.2.2015	(C) 1.2.2015	(C) 1.2.2015	(C) 1.4.2014
KO																(C) 1.4.2014	(C) 1.4.2014		(C) 1.4.2014	(C) 1.4.2014	(C) 1.4.2014	(C) 1.4.2014
ME	(C) 1.2.2015	(C) 1.9.2012	(C) 1.10.2012	(C) 1.11.2012												(C) 1.4.2014	(C) 1.2.2015	(C) 1.4.2014		(C) 1.4.2014	(C) 1.4.2014	(C) 1.4.2014
MK	(C) 1.5.2015	1.2.2016	1.5.2015	1.5.2015												(C) 1.4.2014	(C) 1.2.2015	(C) 1.4.2014	(C) 1.4.2014		(C) 1.4.2014	(C) 1.4.2014
RS	(C) 1.2.2015	(C) 1.5.2015	(C) 1.5.2015	(C) 1.5.2015												(C) 1.4.2014	(C) 1.2.2015	(C) 1.4.2014	(C) 1.4.2014	(C) 1.4.2014		(C) 1.4.2014
MD																(C) 1.4.2014	(C) 1.4.2014	(C) 1.4.2014	(C) 1.4.2014	(C) 1.4.2014	(C) 1.4.2014

Table 2

Date of application of the protocols on rules of origin providing for diagonal cumulation between the European Union, Albania, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, Montenegro, Serbia and Turkey

	EU	AL	BA	MK	ME	RS	TR
EU		1.1.2007	1.7.2008	1.1.2007	1.1.2008	8.12.2009	(8)
AL	1.1.2007		22.11.2007	26.7.2007	26.7.2007	24.10.2007	1.8.2011
BA	1.7.2008	22.11.2007		22.11.2007	22.11.2007	22.11.2007	14.12.2011
MK	1.1.2007	26.7.2007	22.11.2007		26.7.2007	24.10.2007	1.7.2009
ME	1.1.2008	26.7.2007	22.11.2007	26.7.2007		24.10.2007	1.3.2010
RS	8.12.2009	24.10.2007	22.11.2007	24.10.2007	24.10.2007		1.9.2010
TR	(8)	1.8.2011	14.12.2011	1.7.2009	1.3.2010	1.9.2010

(1) The Contracting Parties are the European Union, Albania, Algeria, Bosnia and Herzegovina, Egypt, Faeroe Islands, Iceland, Israel, Jordan, Kosovo (under Resolution 1244(1999) of the United Nations Security Council), Lebanon, the former Yugoslav Republic of Macedonia, Montenegro, Morocco, Norway, Serbia, Switzerland (including Liechtenstein), Syria, Tunisia, Turkey and West Bank and Gaza Strip.

(2) OJ L 54, 26.2.2013, p. 4.

(3) OJ C 83, 17.4.2007, p. 1.

(4) Switzerland and the Principality of Liechtenstein form a customs union.

(5) ISO code 3166. Provisional code which does not prejudge in any way the definitive nomenclature for this country, which will be agreed following the conclusions of negotiations currently taking place under the auspices of the United Nations.

(6) This designation is without prejudice to positions on status and is in line with UNSCR 1244 and the ICJ Opinion on the Kosovo Declaration of Independence.

(7) For goods covered by the EU-Turkey customs union, the date of application is 27 July 2006.

For agricultural products, the date of application is 1 January 2007.

For coal and steel products, the date of application is 1 March 2009.

(8) For goods covered by the EU-Turkey customs union, the date of application is 27 July 2006.

20.2.2016

Official Journal of the European Union

C 67/13

Executive Summary of the Opinion of the European Data Protection Supervisor on ‘Meeting the challenges of big data: a call for transparency, user control, data protection by design and accountability’

(The full text of this opinion can be found in English, French and German on the EDPS website www.edps.europa.eu)

(2016/C 67/05)

‘The right to be let alone is indeed the beginning of all freedom’ (1).

Big data, if done responsibly, can deliver significant benefits and efficiencies for society and individuals not only in health, scientific research, the environment and other specific areas. But there are serious concerns about the actual and potential impact of processing of huge amounts of data on the rights and freedoms of individuals, including their right to privacy. The challenges and risks of big data therefore call for more effective data protection.

Technology should not dictate our values and rights, but neither should promoting innovation and preserving fundamental rights be perceived as incompatible. New business models exploiting new capabilities for the massive collection, instantaneous transmission, combination and reuse of personal information for unforeseen purposes have placed the principles of data protection under new strains, which calls for thorough consideration on how they are applied.

European data protection law has been developed to protect our fundamental rights and values, including our right to privacy. The question is not whether to apply data protection law to big data, but rather how to apply it innovatively in new environments. Our current data protection principles, including transparency, proportionality and purpose limitation, provide the baseline we will need to protect more dynamically our fundamental rights in the world of big data. They must, however, be complemented by ‘new’ principles which have developed over the years such as accountability and privacy by design and by default. The EU data protection reform package is expected to strengthen and modernise the regulatory framework (2).

The EU intends to maximise growth and competitiveness by exploiting big data. But the digital single market cannot uncritically import the data-driven technologies and business models which have become economic mainstream in other areas of the world. Instead it needs to show leadership in developing accountable personal data processing. The internet has evolved in a way that surveillance — tracking people’s behaviour — is considered as the indispensable revenue model for some of the most successful companies. This development calls for critical assessment and search for other options.

In any event, and irrespective of the business models chosen, organisations that process large volumes of personal information must comply with applicable data protection law. The European Data Protection Supervisor (EDPS) believes that responsible and sustainable development of big data must rely on four essential elements:

—	organisations must be much more transparent about how they process personal data,

—	afford users a higher degree of control over how their data are used,

—	design user-friendly data protection into their products and services, and

—	become more accountable for what they do.

When it comes to transparency, individuals must be given clear information on what data are processed, including data observed or inferred about them; better informed on how and for what purposes their information is used, including the logic used in algorithms to determine assumptions and predictions about them.

User control will help ensure that individuals are more empowered to better detect unfair biases, to challenge mistakes. It will help prevent the secondary use of data for purposes that do not meet their legitimate expectations: With a new generation of user control, individuals will, where relevant, be given more genuine and better informed choice and enjoy greater possibilities themselves to use their personal data better.

Powerful rights of access and to data portability and effective opt-out mechanisms may serve as a precondition to allow users more control over their data, and may also help contribute to the development of new business models and more efficient and transparent use of personal data.

By building data protection into the design of their systems and processes, and adjusting data protection to allow more genuine transparency and user control, accountable controllers will also be able to benefit from the advantages of big data while at the same time ensuring that individuals’ dignity and freedoms are respected.

But data protection is only part of the answer. The EU needs to deploy in a more coherent way the modern tools available, including in the area of consumer protection, antitrust, research and development, to ensure safeguards and choice in the marketplace where privacy-friendly services can thrive.

In order to answer the challenges of big data we need to allow innovation and protect fundamental rights at the same time. It is now up to companies and other organisations that invest a lot of effort into finding innovative ways to make use of personal data to use the same innovative mindset when implementing data protection law.

Building on previous contributions by academia and many regulators and stakeholders, the EDPS wants to stimulate a new open and informed discussion in and outside the EU, by better involving civil society, designers, companies, academics, public authorities and regulators on how best to use industry’s creative potential to implement the law and safeguard our privacy and other fundamental rights the in best possible way.

6. Next steps: putting the principles into practice

In order to answer the challenges of big data we need to allow innovation and protect fundamental rights at the same time. To achieve this, the established principles of European data protection law should be preserved but applied in new ways.

6.1. Future-oriented Regulation

Negotiations on the proposed General Data Protection Regulation are in the final stages. We have urged the EU legislators to adopt a data protection reform package that strengthens and modernises the regulatory framework so that it remains effective in the era of big data by strengthening the individuals’ trust and confidence online and in the digital single market (3).

In Opinion 3/2015, accompanied by recommendations for a full text of the proposed Regulation, we made it clear that our current data protection principles, including necessity, proportionality, data minimisation, purpose limitation and transparency must remain key principles. They provide the baseline we need to protect our fundamental rights in a world of big data (4).

At the same time, these principles must be strengthened and applied more effectively, and in a more modern, flexible, creative, and innovative way. They must also be complemented by new principles such as accountability and data protection and privacy by design and by default.

Increased transparency, powerful rights of access and data portability, and effective opt-out mechanisms may serve as preconditions to allow users more control over their data, and may also help contribute to more efficient markets for personal data, to the benefit of consumers and businesses alike.

Finally, extending the scope of EU data protection law to organisations targeting individuals in the EU, and equipping data protection authorities with the powers to apply meaningful remedies, including effective fines, as the proposed Regulation would provide, will also be a key requirement to effectively enforce our laws in a global environment. The reform process plays a key role in this respect.

To ensure that the rules are effectively enforced, independent data protection authorities must be equipped not only with legal powers and strong instruments, but also with the resources required to match their capacity with the growth of data driven business.

6.2. How EDPS will advance this debate

Good regulation, while essential, is insufficient. Companies and other organisations that invest a lot of effort into finding innovative ways to make use of personal data should use the same innovative mindset when implementing data protection principles. Data protection authorities, in turn, should enforce and reward effective compliance, and avoid imposing unnecessary bureaucracy and paperwork.

The EDPS, as announced in the EDPS strategy 2015-2019, aims to contribute to fostering these efforts.

We intend to establish an external ethics advisory group composed of distinguished and independent personalities with a combined experience in multiple disciplines that can ‘explore the relationships between human rights, technology, markets and business models in the 21st century’, analyse the impact of big data in depth, assess the resulting changes of our societies and help indicate the issues that should be subject to a political process (5).

We will also develop a model for honest information policies for EU bodies offering online services which can contribute to best practice for all controllers.

Finally, we will also facilitate discussions, for example, with the view to identify, encourage and promote best practice to increase transparency and user control and explore opportunities or personal data stores and data portability. The EDPS intends to organise a ‘big data protection’ workshop for policymakers and persons handling large volumes of personal information in the EU institutions and external experts, and to identify where further specific guidance is needed, and to facilitate the work of the Internet Privacy Engineering Network (‘IPEN’) as an interdisciplinary knowledge hub for engineers and privacy experts.

Done at Brussels, 19 November 2015.

Giovanni BUTTARELLI

European Data Protection Supervisor

(1) Public Utilities Commission v Pollak, 343 U.S. 451, 467 (1952) (Justice William O. Douglas, dissenting).

(2) On 25 January 2012, the European Commission adopted a package for reforming the European data protection framework. The package includes: (i) a ‘Communication’ (COM(2012) 9 final); (ii) a proposal for a general ‘Data Protection Regulation’ (‘proposed Regulation’) (COM(2012) 11 final); and (iii) a proposal for a ‘Directive’ on data protection in the area of criminal law enforcement (COM(2012) 10 final).

(3) EDPS Opinion 3/2015.

(4) We must resist the temptation to water down the current level of protection in an attempt to accommodate a perceived need for a more lax regulatory approach when it comes to big data. Data protection must continue to apply to processing in its entirety, including not only use of the data but also its collection. There is also no justification for blanket exceptions for processing of pseudonymous data or for processing publicly available data. The definition of personal data must remain intact but could do with further clarifications in the text of the Regulation itself. Indeed, it must cover all data that relate to any individual who is identified, singled out, or may be identified or singled out — whether by the data controller or any other party.

(5) EDPS Opinion 4/2015.

20.2.2016

Official Journal of the European Union

C 67/17

Publication of an application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs

(2016/C 67/07)

This publication confers the right to oppose the application pursuant to Article 51 of Regulation (EU) No 1151/2012 of the European Parliament and of the Council (1).

SINGLE DOCUMENT

‘KRUPNIOKI ŚLĄSKIE’

EU No: PL-PGI-0005-01315 — 23.2.2015

PDO ( ) PGI ( X )

1. Name(s)

‘Krupnioki śląskie’

2. Member State or Third Country

Poland

3. Description of the agricultural product or foodstuff

3.1. Product type

Class 1.2. Meat products (cooked, salted, smoked, etc.)

3.2. Description of the product to which the name in (1) applies

‘Krupnioki śląskie’ are perishable, cooked, spiced pig’s offal sausages in a natural casing. The diameter of the sausages ranges from 30 to 40 mm and their length from 15 to 25 cm; each sausage weighs 200-300 g.

Physical and chemical characteristics

‘Krupnioki śląskie’ are a product in a natural casing. They are characterised by a clean, slightly moist surface. The casing fits tightly to the filling, which is ground to a fineness of no more than 5 mm. The raw materials on a cross-section must be evenly distributed, the consistency firm, slices of a thickness of 10 mm cannot fall apart, lumps of unmixed ingredients are not admissible.

The fat content may not exceed 35 % nor the salt content 2,5 %; the nitrate and nitrite content (expressed as NaNO2 mg/kg) may not exceed 50.

Organoleptic characteristics

Surface colour: grey to brown or dark brown.

Colour of cross-section: appropriate to the cooked pork, groats, fat and rind used, brown with a tinge of violet or bronze — typical for the ingredients used.

Consistency and texture: firm consistency, crumbly texture, small pieces of lean meat and groats blended in a single mass.

Taste and smell: that of meat and offal, barley or buckwheat groats, cooked fat and rind, slightly salty, clearly discernible spices. A taste or smell of ingredients that are not fresh or that are mouldy is not admissible, nor may there be a sour, bitter or foreign taste or smell.

3.3. Feed (for products of animal origin only) and raw materials (for processed products only)

The raw materials for ‘krupnioki śląskie’ should be uncured and unsalted. A producer may opt for salted raw material, but must take this fact into account when determining the quantity of salt added to the filling.

3.4. Specific steps in production that must take place in the defined geographical area

The following steps in production must take place in the defined geographical area:

washing and/or soaking,

heat treatment,

grinding,

mixing and seasoning,

filling and tying of intestines,

scalding,

chilling.

3.5. Specific rules concerning slicing, grating, packaging, etc. of the product the registered name refers to

—

3.6. Specific rules concerning labelling of the product the registered name refers to

—

4. Concise definition of the geographical area

The geographical area in which ‘krupnioki śląskie’ are produced encompasses Śląskie and Opolskie provinces and the municipality of Dziadowa Kłoda (Oleśnicki district, Dolnośląskie province).

5. Link with the geographical area

‘Krupnioki śląskie’ derive their specificity from the product’s specific qualities and reputation.

‘Krupnioki śląskie’ have been recorded on Silesian tables since ethnographic research on the region’s food began. They are first mentioned at the end of the 18th century in the countryside around Gliwice. There are numerous references in 19th century sources. ‘Krupnioki śląskie’ figured, inter alia, on wedding menus, becoming a staple on Silesian tables in the 1830s. This was undoubtedly linked to the rapid growth in the 19th century of the number of domestic animals, including pigs, in Silesia. It was at this time that using the head meat of slaughtered farm animals as one of the raw materials for producing krupnioki became widespread. The popularity of ‘krupnioki śląskie’ in the 19th century also grew with the development of mining in Silesia. This is attributable to the fact that people doing heavy work in coal mines needed a diet rich in calories and nutrients.

Making ‘krupnioki śląskie’ is intrinsically linked to pig-killing, which was a special and important ritual in Silesia. Since the 19th century many Silesians living in industrial centres lacked the opportunities of people living in the countryside and owning a field or orchard. People living in towns would have access to a small plot and shed, where they would keep a pig, rabbits and pigeons. All members of the family would be involved in the pig-killing, with the butcher acting as master of ceremonies on the day. After slaughter, the blood was used to produce head cheese and ‘krupnioki śląskie’, which were traditionally produced in large quantities for distribution among the family and neighbours who had provided leftovers and peelings to help the family fatten the pig. It was customary for farmers to share products from a pig-killing, including ‘krupnioki śląskie’, with relatives not present at the killing. The raw materials used to make the product enabled optimal use to be made of the pig’s offal after the pig-killing. This was also very important in economic terms for mining families, who, especially in the 19th century, did not have very much money. Nowadays, because it is technically possible to transport raw materials for the production of ‘krupnioki śląskie’ safely to the area specified at (4), it is permitted to use raw materials from outside that area.

‘Krupnioki śląskie’ derive their specific characteristics primarily from the production process in the geographical area indicated, based on the skills of producers both in selecting raw materials and in performing the production process under optimal technical parameters. The skills of those producing ‘krupnioki śląskie’, developed through the experience and knowledge transmitted from generation to generation, are reflected in the specific quality of the end product referred to in (3.2).

‘Krupnioki śląskie’ are distinguished from other products belonging to the same category by their high calorie content and by their distinctive taste and smell and their crumbly texture. This is attributable not just to differences in the proportion of raw materials compared with other offal products of this type but also to the skill and experience applied by producers to obtain a product with the characteristic organoleptic properties. The abovementioned features of ‘Krupnioki śląskie’ are attributable primarily to the harmonious blend of all raw materials and spices, in particular the groats selected, the liver, onions and pepper, which give the end product a specific taste and smell.

A fundamental difference in the composition of ‘krupnioki śląskie’ compared with similar products is that they contain only 15 % groats, whereas other products contain 20-25 %. At least 85 % of the raw materials in ‘krupnioki śląskie’ are of animal origin, which is the highest level among traditional products of this category (for which 75-80 % of the raw materials are of animal origin), as attested in Internal Regulations No 21 adopted by the Polish Meat Industry Central Office in 1964.

The reputation of ‘krupnioki śląskie’ has held up over the decades not just in Silesia but throughout Poland and beyond. This is borne out by the product’s numerous associations with Silesia, one being that ‘some people associate Silesia with coal and farming, others with krupnioki and roulade’, which only confirms the importance of ‘krupnioki śląskie’. Many producers of ‘krupnioki śląskie’ also take part in numerous culinary events, such as fairs and festivals (including Polagra in Poznań, the Nasze Kulinarne Dziedzictwo — Smaki Regionów competition, Meat Meeting in Sosnowiec, Święto krupnioka śląskiego in Nikiszowiec (Katowice), Świętomięs Polski and other regularly held regional, national and foreign fairs. Although the reputation of ‘krupnioki śląskie’ is established, new food festivals in Opole Silesia and Upper Silesia are entrenching its position as a foodstuff closely associated with the region.

Further proof of the reputation of ‘krupnioki śląskie’ is the fact that the name has entered the Silesian dialect as part of sayings and proverbs. The reputation of ‘krupnioki śląskie’ is also confirmed by numerous newspaper articles and tourist publications describing the regional cuisine of the areas in question. Examples include the guide to Śląskie and Opolskie provinces published in the Polska niezwykła series, which mentions ‘krupnioki śląskie’ and describes them briefly, and the latest edition of the Michelin guide to Poland’s restaurants, which cites ‘krupnioki śląskie’ among 15 Polish regional products.

In a work entitled O śląskich obyczajach, śląskich potrawach i niektórych śląskich słowach (Silesian customs, Silesian foods and certain Silesian words), the author makes the following statement: ‘However, the most brilliant career has been that of certain Silesian dishes and their names, which have entered standard Polish in a number of forms. The most popular throughout Poland has to be “krupnioki” (from “krupy” (groats)), which are, moreover, often referred to as “krupnioki śląskie”, i.e. Silesian “krupnioki”. The noun has spread with its adjective. Something very Silesian lies behind the word …’.

Reference to publication of the specification

(Article 6(1), second subparagraph, of this Regulation)

http://www.minrol.gov.pl/Jakosc-zywnosci/Produkty-regionalne-i-tradycyjne/Zlozone-wnioski-o-rejestracje-Produkty-regionalne-i-tradycyjne

(1) OJ L 343, 14.12.2012, p. 1.

		ISSN 1977-091X
Official Journal of the European Union		C 67

English edition	Information and Notices	Volume 59 20 February 2016

Notice No	Contents	page
	I Resolutions, recommendations and opinions
	RECOMMENDATIONS
	Council
2016/C 067/01	Council recommendation of 15 February 2016 on the integration of the long-term unemployed into the labour market	1

	IV Notices
	NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
	European Commission
2016/C 067/02	Euro exchange rates	6
2016/C 067/03	Commission notice on current State aid recovery interest rates and reference/discount rates for 28 Member States applicable as from 1 March 2016(Published in accordance with Article 10 of Commission Regulation (EC) No 794/2004 of 21 April 2004 ( OJ L 140, 30.4.2004, p. 1 ))	7
2016/C 067/04	Commission notice concerning the date of application of the Regional Convention on pan-Euro-Mediterranean preferential rules of origin or the protocols on rules of origin providing for diagonal cumulation between the Contracting Parties to this Convention	8
	European Data Protection Supervisor
2016/C 067/05	Executive Summary of the Opinion of the European Data Protection Supervisor on Meeting the challenges of big data: a call for transparency, user control, data protection by design and accountability	13
	NOTICES FROM MEMBER STATES
2016/C 067/06	Reorganisation measures — Decision on measures to reorganise INTERNATIONAL LIFE General Insurance S.A.	16

	Corrigenda
2016/C 067/08	Corrigendum to Notice of initiation of an anti-dumping proceeding concerning imports of certain stainless steel tube and pipe butt-welding fittings, whether or not finished, originating in the People’s Republic of China and Taiwan ( OJ C 357, 29.10.2015 )	20

	Currency	Exchange rate
USD	US dollar	1,1096
JPY	Japanese yen	125,40
DKK	Danish krone	7,4625
GBP	Pound sterling	0,77715
SEK	Swedish krona	9,3838
CHF	Swiss franc	1,1017
ISK	Iceland króna
NOK	Norwegian krone	9,5358
BGN	Bulgarian lev	1,9558
CZK	Czech koruna	27,023
HUF	Hungarian forint	309,11
PLN	Polish zloty	4,3777
RON	Romanian leu	4,4670
TRY	Turkish lira	3,2903
AUD	Australian dollar	1,5605
CAD	Canadian dollar	1,5274
HKD	Hong Kong dollar	8,6268
NZD	New Zealand dollar	1,6761
SGD	Singapore dollar	1,5617
KRW	South Korean won	1 368,69
ZAR	South African rand	17,1380
CNY	Chinese yuan renminbi	7,2378
HRK	Croatian kuna	7,6180
IDR	Indonesian rupiah	14 988,04
MYR	Malaysian ringgit	4,6836
PHP	Philippine peso	52,843
RUB	Russian rouble	85,1924
THB	Thai baht	39,668
BRL	Brazilian real	4,4854
MXN	Mexican peso	20,2927
INR	Indian rupee	75,9715

	V Announcements
	OTHER ACTS
	European Commission
2016/C 067/07	Publication of an application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs	17

From	To	AT	BE	BG	CY	CZ	DE	DK	EE	EL	ES	FI	FR	HR	HU	IE	IT	LT	LU	LV	MT	NL	PL	PT	RO	SE	SI	SK	UK
1.3.2016	…	0,06	0,06	1,63	0,06	0,46	0,06	0,30	0,06	0,06	0,06	0,06	0,06	1,92	1,37	0,06	0,06	0,06	0,06	0,06	0,06	0,06	1,83	0,06	1,65	– 0,22	0,06	0,06	1,04
1.2.2016	29.2.2016	0,09	0,09	1,63	0,09	0,46	0,09	0,36	0,09	0,09	0,09	0,09	0,09	1,92	1,37	0,09	0,09	0,09	0,09	0,09	0,09	0,09	1,83	0,09	1,65	– 0,22	0,09	0,09	1,04
1.1.2016	31.1.2016	0,12	0,12	1,63	0,12	0,46	0,12	0,36	0,12	0,12	0,12	0,12	0,12	1,92	1,37	0,12	0,12	0,12	0,12	0,12	0,12	0,12	1,83	0,12	1,65	– 0,22	0,12	0,12	1,04