DECISION No 819/95/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 14 March 1995 establishing the Community action programme 'Socrates`
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Articles 126 and 127 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the Economic and Social Committee (2),
Having regard to the opinion of the Committee of the Regions (3),
Acting in accordance with the procedure referred to in Article 189b of the Treaty (4),
Whereas Article 3p of the Treaty stipulates that Community action should include a contribution to education and training of quality; whereas the Treaty includes a Chapter 3, Title VIII, devoted specifically to education, vocational training and youth;
Whereas pursuant to Article 126 (1) of the Treaty, the Community is to contribute to the development of quality education by encouraging cooperation between Member States and, if necessary, by supporting and supplementing their action, while fully respecting the responsibility of the Member States for the content of teaching and the organization of education systems and their cultural and linguistic diversity;
Whereas in accordance with the principle of subsidiarity referred to in Article 3b of the Treaty, the Community is to take action only if and in so far as the objectives of the Socrates action programme cannot be sufficiently achieved by the Member States and can, therefore, by reason of the scale or effects of the said programme, be better achieved by the Community;
Whereas pursuant to Article 127 (1) of the Treaty, the Community is to implement a vocational training policy which supports and supplements the action of the Member States, while fully respecting the responsibility of the Member States for the content and organization of vocational training;
Whereas the Council, by its Decision 87/327/EEC (5), adopted the Erasmus programme to promote the mobility of university students and, by its Decision 89/489/EEC (6) adopted the Lingua programme to promote foreign language competence in the Community;
Whereas the Council, by its Decision 94/819/EC (7), adopted a Decision establishing an action programme for the implementation of a European Community vocational training policy (Leonardo da Vinci); whereas a programme should also be drawn up for education; whereas the two programmes are complementary;
Whereas a part of the measures provided for in this Decision concern vocational training and therefore go beyond general education (including higher education) as covered by Article 126; whereas reference should also therefore be made to Article 127 of the Treaty for the said measures, without thereby implying that the Socrates programme can be considered as one of the measures for implementing vocational training policy within the meaning of Article 127;
Whereas the reports evaluating the Erasmus and Lingua programmes, the conclusions of which are set out in the Commission report on the results and achievements of these programmes, point out that cooperation in the field of education significantly enhances the value of measures taken by Member States, and whereas Community action in this field is therefore of major importance;
Whereas the Commission memorandum on higher education and the summary report of discussions within the Member States, together with the European Parliament resolution on this subject (8), place particular emphasis on the need for a Community strategy to promote the European dimension in courses followed by all students, whether in their own country or abroad, and on the catalytic role of the Community in this connection; whereas the Commission's aim, in line with the European Parliament's wish, is that around 10 % of all students in the Community will be following a university course organized by universities in more than one Member State;
Whereas the Council and the Ministers for Education have agreed guidelines for the introduction of the European dimension into educational studies, particularly through the resolution on the European dimension in education (1); whereas, according to that resolution, the European dimension in education, based on the cultural heritage of the Member States, should contribute to strengthening in pupils and students a sense of European identity, preparing them to take part in the economic and social development of the Union, making them aware of the advantages and challenges which the Union represents, improving their knowledge of the Union and its Member States and bringing home to them the significance of the cooperation of the Member States with other countries of Europe and the world;
Whereas certain languages, without being official languages of the European Union, are recognized at national level and are used to a significant extent as teaching languages in universities; whereas teaching in these languages should offer possibilities for access to parts of the programme concerning higher education;
Whereas the Commission's Green Paper on the European Dimension of Education in Schools as well as the comments received from the Member States on the same subject, aim to introduce the European dimension in primary and secondary teaching;
Whereas the European Parliament has adopted a resolution on the European dimension in education at university level, with the emphasis on mobility of students and teaching staff (2), and a resolution on education and training policy in the run-up to 1993 (3);
Whereas the Commission memorandum on open and distance learning and the European Parliament's various resolutions on the subject pointed out that this form of education offers considerable new opportunities for enriching education and for economies of scale, with an increased impact especially on the promotion of a European dimension in studies at all levels; whereas the conclusions of the Council and Ministers for Education on the development of open and distance learning in the European Community (4) and on criteria for actions in open and distance learning (5) clarified the role of and criteria for Community action in this field;
Whereas the European Council, meeting in Brussels on 10 and 11 December 1993, adopted, in the light of the White Paper presented by the Commission, an action plan of growth, competitiveness and employment, inviting the Member States in particular to pay specific attention to the improvement of education and training systems;
Whereas it is necessary to reinforce those aspects which are most promising as regards cooperation on education; whereas it is appropriate, in this matter, to encourage transnational projects linking partners from different Member States who are involved in the transfer of innovation through exchanges, while fully respecting the diversity of the educational systems and the responsibility of the Member States;
Whereas, in order to increase the efficiency of Community action so that it may perform a multiplier function, it must also be ensured that the assisted structures are open to people other than those directly assisted, which means that they must be so arranged that non-assisted students may also derive maximum benefit from Community value added;
Whereas the success of mobility depends largely on the social facilities provided by the Member States and the reception host establishments;
Whereas it is necessary in the Socrates programme to ensure equal opportunities for boys and girls, men and women;
Whereas it its necessary to ensure that children and adolescents with disabilities are able to participate as fully as possible in the Socrates programme;
Whereas the Community and the Member States should promote access, particularly for the less-privileged, to the initiatives organized as part of the Socrates programme, thus actively combating social exclusion;
Whereas the European Parliament, adopted, from the standpoint of 1993, a resolution on cultural diversity and the problems of school education for children of immigrants in the European Community (6);
Whereas it is necessary to promote an intercultural dimension in education for pupils in the European Union so as to prepare them to live in a society which is increasingly characterized by cultural and linguistic plurality; whereas measures need to be taken to improve the quality of education for the children of migrant workers, gypsies, occupational travellers and travellers, and to combat racism and xenophobia;
Whereas the Eurydice network should be developed and diversified in order to be able to respond to the Community's qualitative and quantitative requirements as regards information in the field of education;
Whereas the European dimension of education extends beyond the frontiers of the European Union and whereas cooperation should be developed with the associated European countries, in particular the central and eastern European countries, Cyprus and Malta;
Whereas the Commission and the Member States should ensure cooperation with the Council of Europe and with other international organizations such as OECD and Unesco;
Whereas the Agreement on the European Economic Area (1) provides for broader cooperation in the field of education, training and youth between the European Community and its Member States on the one hand and the EFTA-EEA States on the other hand and whereas Article 4 of Protocol 31 states that the EFTA-EEA States are, as from 1 January 1995, to participate in all programmes of the Community in the field of education, training and youth then in force or adopted;
Whereas this Decision establishes a financial framework which constitutes the principal point of reference for the budget authority during the annual budgetary procedure within the meaning of the Joint Declaration of 6 March 1995;
Whereas an agreement on a 'modus vivendi` between the European Parliament, the Council and the Commission concerning the implementing measures for acts adopted in accordance with the procedure laid down in Article 189b of the EC Treaty was reached on 20 December 1994,
HAVE DECIDED AS FOLLOWS:
Article 1
Establishment of the Community action programme 'Socrates` 1. This Decision establishes the action programme 'Socrates`, hereinafter referred to as 'this programme`, for the period 1 January 1995 to 31 December 1999. It shall enter into force on 1 January 1995.
This programme is intended to contribute to the development of quality education and training and the creation of an open European area for cooperation in education.
2. This programme shall comprise the following three areas of action which are set out in the Annex:
Chapter I: Higher education (Erasmus) Chapter II: School education (Comenius) Chapter III: Horizontal activities in the areas of:
- language skills in the Community (Lingua),
- open and distance education,
- romotion of the exchange of information and experience (including Eurydice and Arion).
Article 2
Definitions 1. For the purposes of this programme,
- the term 'university` covers all types of higher education institutions which offer qualifications or diplomas at that level, whatever such establishments may be called in the Member States,
- the term 'school` covers all types of institutions whether providing general, vocational or technical education and exceptionally, non-school institutions providing apprenticeship training for the purpose of promoting measures in the framework of language training, particularly exchanges of pupils,
- the term 'teacher`/'teaching staff` covers persons who through their duties are involved directly in the educational process in the Member States, in accordance with the organization of their educational system,
- the term 'student` is used for persons registered in universities, whatever their field of study, in order to follow higher education studies leading to a degree or diploma (or equivalent), up to and including the level of doctorate,
- the term 'pupil` covers persons enrolled in that capacity at a school,
- the term 'open and distance education` is used to describe all forms of flexible education, whether or not involving the use of technologies and advanced facilities in information and communication.
2. Each Member State shall specify the types of universities, schools and other educational institutions covered by this programme.
Article 3
Objectives This programme shall encourage cooperation between Member States in the field of education; it shall support and supplement their action while fully respecting their responsibility for the content of teaching and the organization of educational systems, and their cultural and linguistic diversity.
In accordance with that aim, and to help to improve the quality of education, the specific objectives of the programme shall be:
(a) to develop the European dimension in education at all levels so as to strengthen the spirit of European citizenship, drawing on the cultural heritage of each Member State;
(b) to promote a quantitative and qualitative improvement of the knowledge of the languages of the European Union, and in particular those which are least widely used and least taught, leading to greater understanding and solidarity between the peoples of the European Union, and to promote the intercultural dimension of education;
(c) to promote wide-ranging and intensive cooperation between institutions in the Member States at all levels of education, enhancing their intellectual and teaching potential;
(d) to encourage the mobility of teachers, so as to promote a European dimension in studies and to contribute to the qualitative improvement of their skills;
(e) to encourage mobility for students, enabling them to complete part of their studies in another Member State, so as to contribute to the consolidation of the European dimension in education;
(f) to encourage contacts among pupils in the European Union, and to promote the European dimension in their education;
(g) to encourage the academic recognition of diplomas, periods of study and other qualifications, with the aim of facilitating the development of an open European area for cooperation in education;
(h) to encourage open and distance education in the context of the activities of this programme;
(i) to foster exchanges of information and experience so that the diversity and specificity of the educational systems in the Member States become a source of enrichment and of mutual stimulation.
Article 4
Committee 1. The Commission shall be assisted by a committee composed of two members designated by each Member State and chaired by the Commission representative, hereinafter referred to as 'the committee`. The members of the committee may be assisted by experts or advisers.
2. (a) The committee shall be assisted by two subcommittees in the areas of higher education and school education. They shall be composed of two representatives per Member State according to the subject under discussion.
The committee shall ensure coordination between the subcommittees. Specific questions may be referred to the subcommittees for final decision.
(b) The committee may also establish working groups for certain specific issues, and in particular for language learning.
3. The Commission representative shall submit to the committee a draft of the measures concerning:
(a) priorities and general guidelines for the Community measures described in the Annex and the relevant annual work programme, as well as the internal breakdown of the programme;
(b) the financial support to be provided by the Community (amounts, duration, distribution and beneficiaries);
(c) the procedures for monitoring, evaluation, dissemination and transfer of results;
(d) the criteria for selecting the various types of project described in the Annex, including partnership projects;
4. The committee shall deliver its opinion on the draft measures referred to in paragraph 3 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.
The Commission shall adopt measures which shall apply immediately. 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 upon for a period of two months from the date of such communication.
The Council, acting by a qualified majority, may take a different decision within the time limit referred to in the previous subparagraph.
5. In addition, the Commission may consult the committee on any other matter concerning the implementation of this programme, in particular those cases provided for in Article 5.
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 this 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 committee shall establish regular and structured cooperation with the committee established in the context of the action programme for the implementation of the European Community vocational training programme (Leonardo da Vinci).
8. To ensure the consistency of this programme with other measures referred to in Article 6, the Commission shall keep the committee regularly informed about Community initiatives taken in the field of education and vocational training.
Article 5
Implementation and selection procedure 1. The Commission shall ensure the implementation of the programme in accordance with the arrangements set out in the Annex. It shall consult the social partners and the competent associations in the field of education at European level and shall inform the committee of their opinions. It shall also ensure that the European parliament is fully informed on the operation of the programme.
2. It shall take measures to ensure appropriate transition between those actions already developed in the framework of the Erasmus and Lingua programmes and other current actions and those to be implemented under this programme.
3. The Member States shall take the necessary steps to coordinate and organize the implementation of this programme at national level, in particular, by providing for the appropriate structures and mechanisms at national level.
4. The methods for proposing and selecting the projects referred to in the Annex are as follows:
(a) Requests for financial assistance for projects under Chapter I, Action 1 of the Annex shall be sent to the Commission. The Commission shall inform the structures designated by the Member States of these requests. Before taking a final decision, the Commission shall submit the proposal based on the results of the selection to the committee referred to in Article 4 for its opinion.
The national agencies provided for in Chapter I, Action 2 shall award the mobility grants provided for in Action 2 to students participating in the projects accepted in the context of Action 1.
(b) Requests for financial assistance for projects mentioned in actions considered to be decentralized in Chapters II and III (Chapter II, Action I and Action 3.2; Chapter III, Action 1.2 (b), (c), (e) and Action 3.3) shall be submitted to the structures designated by the Member States. These structures shall select and give Community financial assistance to the selected projects in accordance with the general guidelines established in accordance with Article 4.
(c) Requests for financial assistance for projects in actions considered to be centralized in Chapter II (Action 2 and Action 3.1) shall be submitted by the project coordinators to the structures designated by the Member States. Those structures shall forward the approved requests to the Commission for a final decision, to be taken after receiving the opinion of the committee.
(d) Requests for financial assistance for projects in actions considered to be centralized in Chapter III, (Action 1.2 (a) and (d), Action 2 and Action 3 except point 3) shall be submitted by the project coordinators to the Commission and the structures designated by the Member States. Those structures shall inform the Commission of their opinion. Decisions on financial assistance for projects shall be taken by the Commission after consulting the Member States concerned and receiving the opinion of the committee.
Article 6
Consistency 1. The Commission, in partnership with the Member States, shall ensure overall consistency between this programme and other Community actions, and in particular the Leonardo da Vinci programme.
2. The Commission, in conjunction with the Member States, shall encourage the coordination of activities between this programme and the fourth research and development framework programme (1).
Article 7
Budget 1. The financial framework for implementation of this programme for the period referred to in Article 1 shall be ECU 850 million.
2. The annual appropriations necessary to cover the Community contribution to the measures provided for in this programme shall be established in the annual budgetary procedure in accordance with the current financial perspective.
3. The programme shall be open to the participation of associated countries of central and eastern Europe (CCEE) in accordance with the conditions agreed to in the Additional Protocols to the Association Agreements, to be concluded with those countries, concerning participation in Community programmes. This programme shall be open to the participation of Cyprus and Malta on the basis of additional appropriations in accordance with the same rules as apply to the EFTA countries following procedures to be agreed with the countries in question.
Article 8
Monitoring and evaluation 1. The Commission, in partnership with the Member States, shall ensure regular monitoring and evaluation of this programme with the objective, if necessary, of readjusting the programme in the light of needs arising during its implementation.
The results of Community measures shall be evaluated by external bodies at regular intervals on the basis of the objectives referred to in Article 3, and the findings of those evaluations shall be submitted to the committee, and also to the European Parliament and the Council.
2. The Commission shall submit to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions, before 30 September 1988, an interim report on the launch phase, and before 30 September 2000, a final report on the implementation of this programme.
Done at Strasbourg, 14 March 1995.