FIRST JOINT PROGRAMME to encourage the exchange of young workers within the Community (64/307/EEC)

THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN ECONOMIC COMMUNITY, MEETING IN COUNCIL,

After consulting the Commission,

HAVE DECIDED:

In order to encourage the exchange of young workers within the Community in accordance with Article 50 of the Treaty establishing the European Economic Community, to adopt the following first joint programme:

Title I : Beneficiaries under the programme

1. For the implementation of this programme "young workers" means trainees of either sex, mainly between 18 and 30 years of age, who are nationals of a Member State, have already received basic vocational training and who move to another State in order to improve both their vocational training and their knowledge of cultural, linguistic and human affairs by obtaining employment in that country, whatever the level of their remuneration.

Title II : Consultations between Member States with participation by the Commission

2. The Representatives of the Governments of the Member States shall meet periodically and at least once a year, together with Representatives of the Commission, either at their own or at the latter's initiative, in order to study possible common measures for encouraging and gradually extending the exchange of young workers from all sectors of the economy and all areas of employment.

3. The Representatives of the Governments of the Member States shall exchange information on their experience gained in exchanges of young workers and shall study together the results obtained, particularly the statistics, and also the problems raised, in order where appropriate to find common solutions and in particular to simplify administrative formalities and ensure that training schemes function smoothly.

4. The Commission shall take part in seeking such solutions.

Title III : Information supplied by the Commission

5. The Commission, working in close collaboration with the Governments of the Member States, shall take appropriate action to disseminate information in order to assist the development of exchanges of young workers within the Community. Information shall be supplied inter alia to. (a) all persons concerned, particularly employers and their organizations, in order to encourage them to take a greater part in fostering exchanges of young workers;

(b) youth movements, bodies giving assistance to trainees, employers and trade union organizations, trade associations and other institutions concerned, so as to ensure that they are fully informed of the aims of the Governments of the Member States and the Community Institutions regarding the exchange of young workers and of the ways and means of effecting such exchanges, and to encourage them to expand and coordinate their activities, both at national and at Community level.

Title IV : National advisory committees

6. In order to make best use of all the experience gained by those involved, to arouse greater interest among the business community and trade unions and to stimulate initiatives both at regional level and from the various sectors of the economy, the Governments shall, on matters connected with the exchange of young workers, regularly consult an appropriate body, either already existing or still to be set up, comprising representatives of the authorities concerned, representatives appointed by employers' and trade union organizations and, where appropriate representatives of the main private or public bodies with special experience in this field.

7. The "appropriate body" referred to in the preceding paragraph shall foster the activities of organizations specializing in assisting trainees and shall, where appropriate stimulate initiatives to set up or expand such organizations.

Title V : Exchanges

8. At the meetings referred to in paragraph 2, the Representatives of the Governments of the Member States shall supply information on the number of places which they estimate can be made available to trainees who are nationals of the other Member States and possibly also on the distribution of these places among the branches of the economy.

The Representatives of the Governments of the Member States shall at the same time provide as accurate information as possible on either the number of grants that may be allocated to trainees or the maximum amount which they intend to devote to the assistance of trainees in the host countries.

Taking into account the yearly number of exchanges estimated on the basis of the information referred to above, the Governments of the Member States shall endeavour to maintain a certain balance in exchanges between the various Member States.

9. Trainees wishing to take advantage of this programme shall submit their applications to the competent authority.

An applicant trainee submitting such an application need only supply the following documents: (a) A certificate of professional qualifications or, where appropriate, employers' references;

(b) A photograph of the applicant;

(c) In the case of minors, a letter of authorization from the parent or guardian.

These applications must be made on a special form, the model for which shall be jointly decided upon by the Representatives of the Governments of the Member States.

10. The competent authorities of each Member State shall select the successful applicants and forward to the competent authorities in the host country the files for the applicants they have selected. The files shall if necessary be accompanied by information on the granting of a scholarship or other kinds of assistance. The authorities in the host country shall decide whether to accept the applicants and grant them financial assistance.

11. The duration of training periods shall in general be between 6 and 18 months.

12. Trainees shall, as far as their removal from home, their stay and the formalities for obtaining residence and work permits are concerned, be subject to regulations that are at least as favourable as those for workers who are nationals of the Member States, in pursuance of Articles 48 and 49 of the Treaty.

13. Upon expiry of their period of training, trainees may remain in the host country for the purpose of working as an employee or in a self-employed capacity on condition that they meet certain requirements laid down in pursuance of other Articles of the Treaty establishing the European Economic Community or the provisions of the Treaties establishing the European Coal and Steel Community and the European Atomic Energy Community. Periods of training shall in no circumstances be taken into consideration when calculating periods of employment giving entitlement to the work and residence permits required of migrant workers.

14. Trainees shall enjoy the same rights as workers who are nationals of the country as regards conditions of work, security of employment and legal rights. Authorization for a traineeship shall be given only if the employer undertakes to grant trainees the same conditions of pay and employment as are enjoyed by nationals of the country who perform similar work.

15. The Governments of the Member States undertake to take all necessary steps as regards social security to ensure that trainees are given suitable protection, which shall be specified by those Governments where this is appropriate.

16. Trainees shall be subject to the tax laws of the host country.

17. The Governments of the Member States shall appoint the authority or authorities and, where appropriate, the coordinating department, responsible for the organization and running of the trainee schemes.

18. The provisions of the bilateral agreements in force between the Member States shall be applied in the spirit of the joint programme. Any provisions which are less favourable to the trainees than those of the joint programme shall not be applied by the Governments of the Member State.

Done at Brussels, 8 May 1964.