COUNCIL DECISION
of 26 April 1999
establishing the second phase of the Community vocational training action programme "Leonardo da Vinci"
(1999/382/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community and in particular Article 127 thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the Economic and Social Committee(2),
Acting in accordance with the procedure laid down in Article 189c of the Treaty(3),
(1) Whereas the Treaty establishing the European Community stipulates that the latter's action shall, inter alia, contribute to the development of quality education and vocational training;
(2) Whereas, by Decision 94/819/EC(4), the Council established an action programme for the implementation of a European Community vocational training policy; whereas it is appropriate, on the basis of the acquired experience of that programme, to ensure its extension, taking into account the results obtained to date;
(3) Whereas the extraordinary European Council on Employment held in Luxembourg on 20 and 21 November 1997 recognised that life-long education and vocational training can make an important contribution to Member States' employment policies in order to enhance employability, adaptability and entrepreneurship and to promote equal opportunities;
(4) Whereas life-long learning should be provided for persons of all ages and all occupational categories, not only because of technological change but also as a result of the reduction in the number of persons in active employment in the age pyramid;
(5) Whereas in its communication "Towards a Europe of Knowledge" the Commission set out proposals for the creation of a European education area capable of achieving the objective of life-long education and vocational training, identifying the types of measures to be developed at Community level, all focusing on transnational cooperation and designed to bring added value to the action taken by the Member States, while fully respecting the principle of subsidiarity, and in a context of simplified procedures;
(6) Whereas in its White Paper "Teaching and learning - Towards the learning society" the Commission states that the emergence of the learning society entails encouraging the acquisition of new knowledge and to this end providing motivation to learn at every opportunity; whereas in its Green Paper "Education, vocational training, research: the obstacles to transnational mobility" the Commission highlighted the advantages of mobility for people and competitiveness in the European Union;
(7) Whereas measures under this programme should serve the purpose of developing quality, fostering innovation and promoting the European dimension in vocational training systems and practices with a view to encouraging life-long learning; whereas, in the implementation of this programme, attention should be paid to fighting exclusion in all its forms, including racism and xenophobia; whereas special attention should be focused on removing all forms of discrimination and inequality, inter alia for people with a disability, and on promoting equal opportunities for women and men;
(8) Whereas it is necessary, in order to reinforce the added value of Community action, to ensure, at all levels, a coherence and complementarity between the actions implemented in the framework of this Decision and other Community interventions;
(9) Whereas, in view of their role in the maintenance and creation of jobs and the development of training, small and medium-sized enterprises (SMEs) and the craft industry should be more closely involved in the implementation of this programme;
(10) Whereas the Commission, in cooperation with the Member States, is seeking to secure coherence and complementarity between the actions under this programme and other relevant Community policies, instruments and actions, in particular the European Social Fund, by facilitating the transfer and dissemination, on a wider scale, innovatory approaches and methods developed under this programme; whereas the Commission, in partnership with social partners, is endeavouring to develop cooperation between this programme and the activities of the Community social dialogue;
(11) Whereas the Agreement on the European Economic Area ("EEA Agreement") provides for greater cooperation in the field of education, vocational training and youth between the European Community and its Member States, on the one hand, and the countries of the European Free Trade Association (EFTA) participating in the European Economic Area, ("EFTA/EEA countries"), on the other;
(12) Whereas provision should be made to open up this programme to participation of: the associated central and eastern European countries (CEEC), in accordance with the conditions established in the Europe Agreements, in their additional protocols and in the decisions of the respective Association Councils; Cyprus under the same conditions as those applied to the EFTA/EEA countries, funded by additional appropriations in accordance with the procedures to be agreed with that country; and Malta and Turkey, funded by additional appropriations in accordance with the Treaty;
(13) Whereas this programme should be regularly monitored and evaluated in cooperation between the Commission and the Member States in order to allow for readjustments, particularly in the priorities for implementing the measures;
(14) Whereas a financial reference amount, within the meaning of point 2 of the Declaration by the European Parliament, the Council and the Commission of 6 March 1995(5), is included in this Decision for the entire duration of the programme, without thereby affecting the powers of the budgetary authority as they are defined by the Treaty;
(15) Whereas, in accordance with the principle of subsidiarity and the principle of proportionality as set out in Article 3b of the Treaty, since the objectives of the proposed action concerning the implementation of a vocational training policy at Community level cannot be sufficiently achieved by the Member States given the complexity of vocational training partnerships; they can therefore be better achieved by the Community owing to the transnational dimension of the Community actions and measures; whereas this Decision is limited to the minimum required to achieve these objectives and does not go beyond what is necessary to achieve these objectives,
HAS DECIDED AS FOLLOWS:
Article 1
Establishment of the programme
1. This Decision establishes the second phase of the action programme for the implementation of a Community vocational training policy "Leonardo da Vinci", hereinafter referred to as "this programme".
2. This programme shall be implemented over the period starting on 1 January 2000 and ending on 31 December 2006.
3. This programme shall contribute to the promotion of a Europe of knowledge by developing a European area of cooperation in the field of education and vocational training. It shall support Member States' policies on life-long learning and the building up of the knowledge and skills and competences likely to foster active citizenship and employability.
4. This programme shall support and supplement action taken by, and in, the Member States while fully respecting their responsibility for the content and organisation of vocational training, and of their cultural and linguistic diversity.
Article 2
Objectives of the programme
1. Within the framework of the objectives set out in Article 127 of the Treaty, this programme aims at developing the quality, innovation and European dimension in vocational training systems and practices, through transnational cooperation. The objectives of the programme shall be to:
(a) improve the skills and competences of people, especially young people, in initial vocational training at all levels; this may be achieved inter alia through work-linked vocational training and apprenticeship with a view to promoting employability and facilitating vocational integration and reintegration;
(b) improve the quality of, and access to, continuing vocational training and the life-long acquisition of skills and competences with a view to increasing and developing adaptability, particularly in order to consolidate technological and organisational change;
innovative counselling and guidance approaches are of particular importance for the fulfilment of the objectives set out in (a) and (b) and shall be given support;
(c) promote and reinforce the contribution of vocational training to the process of innovation, with a view to improving competitiveness and entrepreneurship, also in view of new employment possibilities; special attention shall be paid in this respect to fostering cooperation between vocational training institutions, including universities, and undertakings, particularly SMEs.
2. In implementing the objectives set out in paragraph 1, particular attention shall be paid to people at a disadvantage in the labour market, including disabled people, to practices facilitating their access to training, to the promotion of equality, to equal opportunities for women and men and to the fight against discrimination.
Article 3
Community measures
1. The objectives of this programme shall be pursued by means of the following measures, the operational content and application procedures thereof which are described in the Annexes and which may be combined:
(a) support for the transnational mobility of people undergoing vocational training, especially young people, and for those responsible for training ("Mobility");
(b) support for pilot projects based on transnational partnerships designed to develop innovation and quality in vocational training ("pilot projects");
(c) promotion of language competences, including for less widely used and taught languages, and understanding of different cultures in the context of vocational training ("language competences");
(d) support for the development of transnational cooperation networks facilitating the exchange of experience and good practice ("transnational networks");
(e) the development and updating of reference material through support for surveys and analyses, the establishement and updating of comparable data, the observation and dissemination of good practices and the comprehensive exchange of information ("reference material").
2. In carrying out the measures referred to in paragraph 1, specific support for transnational actions shall be available for the promotion and use of information and communication technologies (ICT) in vocational training.
Article 4
Access to the programme
Under the conditions and arrangements for implementation specified in the Annexes, access to this programme shall be open to all public and/or private bodies and institutions involved in vocational training and, in particular:
(a) vocational training establishments, centres and bodies at all levels, including universities;
(b) research centres and bodies;
(c) undertakings, particularly SMEs and the craft industry, or public or private sector establishments, including those involved in vocational training;
(d) trade organisations, including chambers of commerce, etc.;
(e) social partners;
(f) local and regional bodies and organisations;
(g) non profit making organisations, voluntary bodies and NGOs.
Article 5
Implementation of the programme and cooperation with the Member States
1. The Commission shall ensure the implementation of the Community actions covered by this programme.
2. Member States shall:
- take the necessary steps to secure, by means of appropriate structures, the coordination, an integrated management and the follow-up for the attainment of the objectives of this programme, involving all the parties concerned by vocational training, in accordance with national practice,
- ensure that relevant information and publicity is provided in respect of the actions of this programme,
- take the necessary steps to ensure the efficient running of this programme,
- endeavour, as far as possible, to adopt such measures as they deem necessary and desirable to remove obstacles to access to this programme.
3. In cooperation with Member States, the Commission shall:
- take the steps described in the Annexes to build upon the achievements of the first phase of this programme and the Community initiatives in the area of vocational training,
- ensure the smooth transition between those actions developed in the framework of the first phase of this programme and those to be implemented under the second phase.
Article 6
Joint actions
As part of the process of building up a Europe of knowledge, the measures contained in this programme may be implemented, in conformity with the procedure laid down in Article 7, as joint actions with related Community programmes and actions, particularly those in the fields of education and youth.
Article 7
Committee
1. The Commission shall be assisted by a committee composed of two representatives from each Member State and chaired by the representative of the Commission.
2. The Committee shall deliver opinions on the following points:
(a) the general guidelines for the implementation of this programme and the financial support to be supplied by the Community;
(b) the annual plan of work for the implementation of this programme's actions, including priorities, the themes for the thematic actions and the joint actions and the Commission proposals for project selection, including those under the joint actions;
(c) the annual budgets and distribution of funding between measures, as well as joint actions, accompanying measures and projects of European organisations;
(d) the criteria applicable for establishing the indicative breakdown of funds among the Member States for the purpose of the actions to be managed according to selection procedure A (Annex I, Section III);
(e) the arrangements for monitoring and evaluating the programme and for the dissemination and transfer of results.
3. As regards the points referred to in paragraph 2, the representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the Chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148(2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The Chairman shall not vote.
4. (a) The Commission shall adopt measures which apply immediately.
(b) However, if these measures are not in accordance with the opinion of the Committee, they shall be communicated by the Commission to the Council forthwith. In that event,
- the Commission shall defer application of the measures which it has decided for a period of up to two months from the date of the communication,
- the Council, acting by a qualified majority, may take a different decision within the time limit referred to in the preceding indent.
5. The representative of the Commission shall consult the Committee on other appropriate matters concerning implementation of this programme. In that event, the representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the Chairman may lay down according to the urgency of the matter, if necessary by taking a vote.
The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes.
The Commission shall take the utmost account of the opinion delivered by the Committee. It shall inform the Committee of the manner in which its opinion has been taken into account.
6. The Committee shall draw up its rules of procedure.
7. The Commission, in cooperation with the Committee, shall establish regular and structured cooperation with the Committees established for the implementation of the European Community educational and youth programmes.
8. To ensure the consistency of this programme with other measures referred to in Article 9, the Commission shall keep the Committee regularly informed about Community initiatives taken in the fields of education, vocational training and youth, including cooperation with third countries and international organisations.
Article 8
Social partners
Without prejudice to the procedures described in Article 7(3), (4) and (5), the Commission may consult the Committee on any matter concerning the application of this Decision.
Whenever such consultation takes place, a number, equal to that of the representatives of the Member States, of representatives of the social partners, appointed by the Commission on the basis of proposals from the social partners at Community level, shall participate in the work of the Committee as observers.
They shall have the right to request that their position be recorded in the minutes of Committee meetings.
Article 9
Consistency and complementarity
1. The Commission shall, in cooperation with the Member States, ensure the overall consistency and complementarity with other relevant Community policies, instruments and actions, in particular the European Social Fund, in particular those contributing to a Europe of knowledge, in particular in the fields of education, vocational training, youth, research and technological development, and innovation.
2. In implementing the measures of this programme, the Commission and the Member States shall have regard to the priorities set out in the employment guidelines adopted by the Council, as part of a coordinated employment strategy.
3. In partnership with Community social partners, the Commission shall endeavour to develop the coordination between this programme and the social dialogue at Community level, including at sectoral levels.
4. The Commission shall secure the assistance of the European Centre for the Development of Vocational Training (Cedefop) in implementing this programme, in accordance with the arrangements set out in Regulation (EEC) No 337/75(6) establishing the Cedefop. Subject to the same conditions and in the areas which lend themselves to it, coordination shall be established under the auspices of the Commission with the European Training Foundation as specified by Regulation (EEC) No 1360/90(7).
5. The Commission shall keep the Advisory Committee on Vocational Training regularly informed of the progress of this programme.
Article 10
Participation of the EFTA/EEA countries, the associated central and eastern European countries (CEEC), Cyprus, Malta and Turkey
This programme shall be open to the participation of:
- the EFTA/EEA countries in accordance with the conditions established in the EEA agreement,
- the associated central and eastern European countries (CEEC) in accordance with the conditions established in the Europe agreements, in their additional protocols and in the decisions of the respective Association Councils,
- Cyprus, under the same conditions as those applied to the EFTA/EEA countries, funded by additional appropriations in accordance with the procedures to be agreed with that country,
- Malta and Turkey, funded by additional appropriations, in accordance with the provisions of the Treaty.
Article 11
International cooperation
Under this programme, and in accordance with the procedure laid down in Article 7(2), (3) and (4), the Commission shall strengthen its cooperation with third countries and with the competent international organisations.
Article 12
Funding
1. The financial reference amount for the implementation of this programme for the period 2000 to 2006 shall be EUR 1150 million.
2. The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.
Article 13
Monitoring and evaluation
1. The Commission shall regularly monitor this programme in cooperation with the Member States.
This monitoring shall include the reports referred to in paragraph 4 and specific activities.
2. The Commission shall regularly evaluate the implementation of this programme in cooperation with the Member States, in accordance with the procedure laid down in Article 7(2), (3) and (4) and on the basis of criteria devised in cooperation with the Member States. The main objective shall be the evaluation of the effectiveness and the impact of actions implemented in comparison with the objectives aimed at in Article 2. The evaluation shall also look at the dissemination of the results of actions under this programme, of good practiced and the impact of this programme as a whole in terms of its objectives.
This evaluation shall also examine the complementarity between actions under this programme and those pursued under other relevant Community policies, instruments and actions.
In accordance with criteria established using the procedure described in Article 7(2), (3) and (4), there shall be regular independent external evaluations of the results of the Community actions.
3. The findings of the monitoring and evaluation should be taken into account when implementing this programme.
4. Member States shall submit to the Commission by 31 December 2003 and 30 June 2007 respectively reports on the implementation and effectiveness of this programme and its impact on the vocational training systems and arrangements which exist in the Member States. The reports shall also take into account the promotion of equality, and of equal opportunities, between women and men.
5. The Commission shall submit to the European Parliament, the Council and the Economic and Social Committee:
- a first interim report on the initial operational implementation of this programme by 30 June 2002,
- a second interim report on the implementation of this programme by 30 June 2004,
- a communication on the continuation of this programme by 31 December 2004; where appropriate, that communication shall contain a suitable proposal,
- a final report on the implementation of this programme by 31 December 2007.
Article 14
Entry into force
This Decision shall enter into force on the date of its publication in the Official Journal of the European Communities.
Done at Luxembourg, 26 April 1999.