[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 7.6.2006

COM(2006) 274 final

2006/0096 (CNS)

Proposal for a

COUNCIL DECISION

on the signature of the Agreement between the European Community and the government of Canada establishing a framework for co-operation in the fields of higher education, training and youth

Proposal for a

COUNCIL DECISION

on the conclusion of the Agreement between the European Community and the government of Canada establishing a framework for co-operation in the fields of higher education, training and youth

(presented by the Commission)

1. EXPLANATORY MEMORANDUM

CONTEXT OF THE PROPOSAL

The present proposal is set against the dual background of the European Union higher education agenda and EU/Canada relations which call, respectively, for higher education to become a world reference for relevance and excellence and for broader education cooperation.

Education has become an essential component of the Lisbon strategy, which calls for European Union education to become a world reference by 2010. Such an objective can only be achieved by keeping European education tuned to world developments and in particular by collaborating and testing approaches and standards against those in the world’s most developed countries like Canada.

The relations with Canada are characterised by a steady expansion of which the most recent expression is the adoption in 2004 of a “Partnership Agenda” which mentions the upgrade of the existing Agreement by improving access for all higher education and training institutions, and by increasing exchanges in number and scope. A specific reference is made to the inclusion of activities in the youth area not linked to formal education structures.

The current agreement was concluded in 2000 and renewed the EC/Canada programme for another five years ending in 2005. An external evaluation was undertaken from October 2004 to March 2005. The independent evaluation concluded that the programme is a powerful tool for establishing long lasting partnerships and synergies in higher education and vocational training over the Atlantic and that this has contributed to improving mutual understanding and the quality of human resource development. On 27 June 2005 the Commission adopted a communication on the results of this evaluation.

In accordance with the negotiating directives in the Annex to the Council decision of 24 October 2005 authorising the Commission to open negotiations for a new agreement with Canada, the Commission has negotiated a new agreement with Canada.

The present proposal concerns the signature and conclusion of an agreement between the European Community and the government of Canada establishing a framework for co-operation in the fields of higher education, training and youth (hereafter ‘the agreement’) for the period 2006-2013.

OBJECTIVES OF THE PROPOSAL

Objectives

1. The general objectives of this Agreement shall be to:

a) Promote mutual understanding between the peoples of the European Union and Canada including broader knowledge of their languages, cultures and institutions;

b) Improve the quality of human resources in both the European Community and Canada, by facilitating the acquisition of skills required to meet the challenges of the global knowledge-based economy.

2. The specific objectives of the Agreement shall be to:

a) Reinforce a European Community and a Canadian value-added dimension to transatlantic cooperation in higher education, training and youth;

b) Contribute to transatlantic exchanges between citizens of both the European Union and Canada;

c) Contribute to the development of higher education and training institutions, as well as youth structures and organisations;

d) Promote and/or enhance partnerships among stakeholders active in the areas of higher education, training and youth in the European Community and Canada;

e) Contribute to the professional development of individuals while achieving the general objectives of the Agreement;

f) Develop opportunities for dialogue and exchanges on youth policy and youth work.

3. The operational objectives of the Agreement shall be to:

a) Support collaboration between higher education and training institutions with a view to promoting and developing joint study and/or training programmes and student mobility;

b) Improve the quality of transatlantic student mobility by promoting transparency, mutual recognition of qualifications and periods of study and training, and where appropriate portability of credits;

c) Support collaboration among public and private organisations active in the areas of higher education, training and youth with a view to encouraging discussion and exchange of experience on policy issues;

d) Support transatlantic mobility of professionals (including professionals-in-training) with a view to improving mutual understanding, and expertise, of issues relevant to European Union/Canada relations;

e) Support collaboration among youth structures and organisations as well as youth workers, young leaders and other youth actors with a view to promoting exchanges of good practices and developing networks.

CONSISTENCY WITH OTHER POLICIES

The EU/Canada agreement in higher education, training, and youth would be fully consistent with, and complementary to other EU instruments in these areas, giving the possibility of pursuing objectives of quality education through collaboration between the EU and Canada and bringing in a transatlantic people-to-people cooperation. The agreement would also complement the activities of the network of EU Centres of Excellence in Canadian universities in that it offers additional possibilities for exchanges and encourages structural cooperation between institutions and organisations from both sides of the Atlantic.

CONSULTATIONS WITH STAKEHOLDERS

- 2001 Study on modalities for cooperation in vocational education and training

The study contracted by the Commission confirmed the value of EC/Canada cooperation in vocational training. Vocational training institutions are not necessarily well prepared for transatlantic cooperation yet there is great potential for mutual enrichment through this type of collaboration, which offers new opportunities for transatlantic mobility to students, trainees and staff who otherwise would not have access to them. The study noted that for a vocational training strand to coexist with higher education, a significant budget increase would be necessary.

- Interim external evaluation

An external evaluation was concluded in early 2005. The evaluation confirmed the effectiveness and relevance of the programme and that the programme is beneficial for the institutions, faculties and students involved. The programme is, however, considered too small to have had an impact on the mutual understanding between the people of the European Union and Canada. The evaluators suggest in particular introducing a system of additional mobility grants for successful projects. On 27 June 2005 the Commission adopted a communication on the results of this evaluation.[1]

- Canada-EU Youth Seminar

A pilot seminar for youth organisations and youth workers from the European Union and from Canada was held in November 2004. The seminar confirmed the interest and the demand on both sides to share experiences in areas of concern for young people, such as citizenship and cultural diversity, volunteering, recognition and promotion of non-formal learning. The main recommendations of the seminar are to continue dialogue among policy makers and to facilitate the exchange of best practices and the sharing of resources among youth work practitioners.

Options examined

Approaches and instruments : Policy dialogue and co-ordination

Policy dialogue between the European Union and Canada can certainly contribute to a better understanding of education, training and youth strategies, generate exchanges of best practices and ultimately lead to measures that have a direct impact on citizens.

However, policy dialogue alone may not induce bottom-up, people-to-people innovative collaboration, or the enhancement of high quality mobility of young people and better access for young people and organisations to transatlantic exchange experiences. Specific actions are needed to encourage and support such activity.

Possible alternative designs for an expenditure programme

Integration into existing or proposed frameworks

The existing education and training programmes such as “ Socrates” and “ Leonardo da Vinci” are designed for and exclusively target the public of the Member States. The decision-making process, typology of actions and implementation mechanisms are not well suited for EU/Canada bilateral cooperation in the fields of higher education and training. The same applies to the future Lifelong learning programme.

“Erasmus Mundus” seeks to enhance the quality of higher education in the European Union and promote it world-wide through a scholarship scheme for third country students and scholars. Erasmus Mundus has not been designed for bilateral exchanges, international curriculum development and institutional cooperation. It does not concern vocational training or youth and it focuses on graduate level while the proposed framework for cooperation with Canada focuses primarily on activities at undergraduate level.

Other external programmes are also unsuitable for achieving the objectives of the EU/Canada bilateral cooperation proposed here.

Although the current Youth programme (and, if adopted, the future Youth in Action programme) does allow, in principle, for cooperation with third countries, this cooperation is limited in scope and mainly focussed on the neighbouring countries. It is also not designed for bilateral cooperation. The proposed bilateral EU/Canada agreement would therefore complement this programme.

Renewing the Agreement and expanding the scope of the present programme

The proposed agreement and the framework for cooperation it would set up does not represent a radical departure from the present cooperation. However it would respond to the objectives of the EU-Canada Partnership Agenda by enhancing possibilities for exchange, give better access to all potential beneficiaries and provide a new framework for cooperation in the youth field.

The actions in the agreement would take into account the lessons drawn from past experience by differentiating between higher education and vocational training, building on excellence and enhancing exchanges of students and young people.

The evaluation found that the small budget of the present programme has limited the programme’s potential impact on higher education and prevented the development of significant cooperation in the field of vocational training. The framework for cooperation to be created by the proposed agreement entails a budget increase from 0,8m€ to an average of 2m€ per annum.

Assessment of positive and negative impacts of the options considered

In achieving its objectives, the actions envisaged in the agreement would have a positive short term and long term impact on young people as well as on institutions and organisations dealing with higher education, training and youth issues.

Transatlantic mobility would give participants valuable experience that will help them to better integrate in today’s society and knowledge economy. Collaboration between institutions would help them to improve their curricula and teaching methods by learning from each other’s best practices and by jointly developing new approaches. In the long term, collaboration would help to maintain the very good level of people-to-people understanding that exists between the European Union and Canada.

There are no conflicts between impacts at social, economic or environmental level.

Reasons for choosing the present option

There is a widespread consensus that higher education should remain a central component of the agreement. At the same time, the actions envisaged in the agreement would also give access to transatlantic cooperation for vocational education and training organisations that would not otherwise engage in such co-operation. The agreement would also be widened in scope so as to cover youth actions, seeking to develop new cooperation in the field of non-formal education for young people between the European Union and Canada.

In the framework of lifelong training, and to reinforce the people-to-people dimension of the EU/Canada relations, the cooperation actions would be open also to young professionals, mainly outside academia and the public administration world, who want to follow studies, or undertake training, in areas of specific relevance to the EU/Canada relationship, which will be identified in consultation with the Canadian authorities.

The impact of the agreement would be enhanced with the introduction of policy-oriented projects with systemic impact and of youth actions. These projects would be aimed at increasing knowledge about, and exchanging best practices regarding lifelong learning that are of common interest for the European Union and partner countries and that can have an impact beyond those directly involved in their implementation .

LEGAL ELEMENTS OF THE PROPOSAL

Legal Basis

The proposal is based on articles 149, 150 and 300 of the Treaty.

Subsidiarity and proportionality

The agreement would complement bilateral cooperation schemes between Member States and Canada by proposing a multilateral framework for cooperation. It would fully respect Member States’ competence leaving the initiative to target institutions and organisations. The proposed agreement does not contemplate any regulatory approach which would conflict with Member States exclusive competence in this area.

The cooperation envisaged would be a low cost operation with potentially significant impacts. Proportionality is ensured.

DESCRIPTION OF THE INTERVENTION

The agreement would pursue its objectives through the following actions:

Higher education and training actions

The target public of this action would be higher education and vocational training institutions and organisations, and their staff, students and trainees. The action will respond to two specific objectives, namely, contributing to the development of higher education and vocational training institutions and organisations as well as increasing the mobility of staff, students and trainees.

This type of projects would largely consist of a continuation of the type of joint projects currently funded. Consortia projects would focus on priority fields which are key to EU/Canada cooperation, to be identified in consultation with the Canadian authorities.

Also under this action, projects that prove to be of outstanding quality could receive further financial support at the end of the initial 3 or 4-year period, granted exclusively to fund additional opportunities for student mobility. This measure would enhance the profile of this action, placing the emphasis on excellence. This would increase the motivation of funded projects to deliver and contribute to sustainability of good quality mobility projects.

Youth action

The target public for this measure would be youth structures, organisations and youth workers and the focus on activities aimed at:

a) facilitating a dialogue and an exchange of best practices as well as the sharing of tools on youth work methodology among policy makers, youth work practitioners, youth organisations, and other structures responsible for youth matters including youth mobility. These activities would include seminars, training courses, job shadowing and study visits on targeted themes, e.g. cultural diversity, volunteering and recognition of non-formal learning.

b) building sustainable new multilateral partnerships and networks with a view to further cooperation and youth mobility among the participating organisations, through meetings, internet platforms, sharing of information etc.

Complementary action

Under this action support may be granted to policy-oriented measures. The target public of these policy-oriented measures would be organisations dealing with higher education and vocational training. These measures would pursue the specific objective of enhancing collaboration between the EU and Canada as regards the development of higher education and vocational training, focusing on priority themes. In the longer term, these measures would have an impact on policy and system development. Activities under this category could include studies, conferences, seminars, working groups, benchmarking exercises.

Under this action support may be provided for the mobility of professionals, mainly from outside the academia and public administration (decision makers, social partner representatives, journalists, etc.) who want to undertake studies or training, in areas of specific relevance to the EU/Canada relationship, which would be identified in consultation with the Canadian authorities.

Financial support may be provided also to an Alumni Association involving students who have participated in exchanges implemented by the EC/Canada consortia in higher education and vocational training.

BUDGETARY IMPLICATION

The proposed actions would cost a maximum of 17.4m€ (of which 1m€ for youth actions) over an eight year period (2006-2013), provided that matching funds are made available by Canada.

The agreement contains a clause allowing a reorientation of activities and, therefore, the reassessment of the budget allocated to the agreement within the limits of the financial perspective.

The rationale for a budget increase

As indicated under 5.2, the small budget of the present programme has limited its potential impact on higher education and prevented the development of significant cooperation in the field of vocational training.

Costing - Reference amounts for calculation purposes

This section is based on current assumptions regarding the operation of the various actions envisaged in the agreement. However, the definitive costing will depend on annual funding effectively available and the precise implementation modalities of the actions, which are yet to be defined in detail by the Parties.

Higher education and training actions

Consortia: 138.000 € resulting from 120.000 € for mobility grants (1000 € per month + 1000 € for travel per student for average study periods of 4 months for a total of 24 students) and 18.000 € in lump sumps for consortia partners. Where projects do not involve mobility the average grant would be 100.000 €.

Excellence: 100.000 € for additional mobility opportunities (1000 € per month + 1000 € for travel per student for average study periods of 4 months for a total of 20 students).

Youth

Exchange of best practices, multilateral partnerships and networks: the calculation is based on an average cost of 20.000 € per project. The EU contribution will mainly cover travel costs for EU participants as well as costs related to the hosting of the activity in the EU (mainly accommodation and daily allowances).

Complementary action

Policy-Oriented Measures: 100.000 €

Individual mobility grants: 32.000 € (5.000 € per month + 2.000 € for travel per grantee for average grant duration of 6 months)

Support for the Alumni association could be estimated at 15.000 € per year.

Target outputs

The envisaged actions will support some 210 projects over an eight year period (see details under point 8 of the Financial Statement). 4.430 EU and Canadian people will participate in mobility activities over the duration of the agreement.

Proposal for a

COUNCIL DECISION

on the signature of the Agreement between the European Community and the government of Canada establishing a framework for co-operation in the fields of higher education, training and youth

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article Articles 149 and 150 in conjunction with the first sentence of the first subparagraph of Article 300 (2) thereof,

Having regard to the proposal from the Commission[2],

Whereas:

1. By its decision of 24 October 2005 the Council authorised the Commission to negotiate with the government of Canada an agreement renewing the cooperation programme in the fields of higher education, training and youth.

2. On behalf of the Community, the Commission negotiated an agreement with the government of Canada in accordance with the directives in the Annex to the Council decision authorising the Commission to negotiate with the government of Canada an agreement renewing the cooperation programme in the fields of higher education, training and youth.

3. The Community and the government of Canada expect to obtain mutual benefit from such co-operation, which must, on the Community's side, be complementary to the bilateral programmes between the Member States and the government of Canada and provide a European added value;

4. It is necessary to sign the Agreement negotiated by the Commission in view of its possible conclusion at a later date.

HAS DECIDED AS FOLLOWS:

Sole Article

5. Subject to its conclusion at a later date, the President of the Council is hereby authorised to designate the person or the persons empowered to sign on behalf of the Community the Agreement between the European Community and the government of Canada establishing a framework for cooperation in the fields of higher education, training and youth.

6. The text of the Agreement is annexed to this decision

Done at Brussels,

For the Council

The President

2006/0096 (CNS)

Proposal for a

COUNCIL DECISION

on the conclusion of the Agreement between the European Community and the government of Canada establishing a framework for co-operation in the fields of higher education, training and youth

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article Articles 149 and 150 in conjunction with the first sentence of the first subparagraph of Article 300 (2) and the first subparagraph of article 300 (3) thereof,

Having regard to the proposal from the Commission[3]

Having regard to the opinion of the European Parliament,

Whereas:

7. By its decision of 24 October 2005 the Council authorised the Commission to negotiate with the government of Canada an agreement renewing the cooperation programme in the fields of higher education, training and youth.

8. On behalf of the Community, the Commission has negotiated an agreement with the government of Canada in accordance with the directives in the Annex to the Council decision authorising the Commission to negotiate with the government of Canada an agreement renewing the cooperation programme in the fields of higher education, training and youth.

9. The Community and the government of Canada expect to obtain mutual benefit from such cooperation, which must, on the Community's side, be complementary to the bilateral programmes between the Member States and Canada and provide a European added value.

10. The Agreement was signed on behalf of the Community on ..........subject to its possible conclusion at a later date, in conformity with Decision …/…/EC of the Council on …….;

11. The Agreement should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

12. The Agreement between the European Community and the government of Canada establishing a framework for cooperation in the fields of higher education, training and youth is approved on behalf of the Community.

13. The text of the Agreement is annexed to this Decision.

Article 2

The delegation of the European Community to the Joint Committee referred to in Article 6 of the Agreement shall consist of a representative from the Commission assisted by a representative from each Member State.

Article 3

The President of the Council is authorised to designate the person empowered to make the notification provided in Article 12(1) of the Agreement.

Done at Brussels,

For the Council

The President

ANNEX

AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE GOVERNMENT OF CANADA ESTABLISHING A FRAMEWORK FOR COOPERATION IN HIGHER EDUCATION, TRAINING AND YOUTH

THE EUROPEAN COMMUNITY,

on the one part, and

THE GOVERNMENT OF CANADA,

on the other part,

hereinafter collectively referred to as "the Parties",

NOTING that the Declaration on European Community – Canada Relations adopted by the European Community and its Member States and the Government of Canada on 22 November 1990 makes specific reference to strengthening mutual cooperation in various fields which directly affect the present and future well-being of their citizens, such as exchanges and joint projects in education and culture, including academic and youth exchanges;

NOTING that the Canada-EU Joint Political Declaration and Action Plan adopted on 17 December 1996 states that in order to renew their ties based on shared cultures and values, the Parties will encourage contacts between their citizens at every level, especially among their youth; and that the Joint Action Plan attached to the Declaration encourages the Parties to further strengthen their cooperation through the Agreement between the European Community and the Government of Canada Establishing a Cooperation Programme in Higher Education and Training ratified in 1996;

NOTING that the EU-Canada Partnership Agenda adopted on 18 March 2004 at the EU-Canada Summit refers to the need to seek new ways to foster links between our respective peoples, notably by broadening the scope of Canadian and European Community exchange programmes for young people and by exploring avenues to reinforce and broaden the scope of EC-Canada cooperation when renewing the Agreement between the European Community and the Government of Canada Renewing a Cooperation Programme in Higher Education and Training ratified in March 2001;

NOTING that the Joint Declaration adopted at the EU-Canada Summit on 19 June 2005 further refers to the EU and Canadian leaders’ intention to renew, reinforce and broaden the scope of the Agreement Renewing a Cooperation Programme in Higher Education and Training, ratified in 2001, notably through the addition of cooperation on youth, to strengthen academic cooperation and transatlantic exchange between our citizens;

CONSIDERING the full respect for the responsibilities of the Member States of the European Community and for the legislative powers of the provinces and territories of Canada in the fields of education and training, and the autonomy of the higher education and training institutions;

CONSIDERING that the adoption and the implementation of the 1996 and 2001 Agreements on Higher Education and Training realise the commitments of the EU-Canada Declarations; and that the cooperation has been highly positive for both Parties;

ACKNOWLEDGING the crucial contribution of higher education and training to the development of human resources capable of participating in the global knowledge-based economy;

RECOGNISING that cooperation in higher education, training and youth should complement other relevant cooperation initiatives between the European Community and Canada;

ACKNOWLEDGING the importance of taking into account the work done in the field of higher education and training by international organisations active in these fields such as the OECD, UNESCO and the Council of Europe;

RECOGNISING that the Parties have a common interest in cooperation in higher education, training and youth, as part of the wider cooperation that exists between the European Community and Canada;

EXPECTING to obtain mutual benefit from cooperation in higher education, training and youth;

RECOGNISING the need to widen access to the activities supported under this Agreement, in particular those activities in the training and youth sectors;

DESIRING to renew the basis for the continuing conduct of cooperation in higher education and training;

HAVE AGREED AS FOLLOWS:

ARTICLE 1

Purpose

This Agreement establishes a framework for cooperation in higher education, training and youth between the European Community and Canada.

ARTICLE 2

Definitions

For the purpose of this Agreement:

1. "higher education institution" means any establishment according to either Party’s applicable laws or practices that offers qualifications or diplomas at higher education level, irrespective of the designation given to it;

2. "training institution" means any type of public, semi-public or private body, which, irrespective of the designation given to it, in accordance with either Party’s applicable laws and practices, designs or undertakes vocational education or training, further vocational training, refresher vocational training or retraining contributing to qualifications recognised by the competent authorities;

3. "students" means all those persons who follow learning or training courses or programmes which are run by higher education or training institutions as defined in this Article, and that are recognised or financially supported by the competent authorities;

4. “youth” means areas of activities linked to non-formal and informal learning involving youth organisations and other youth associations as well as youth workers, young leaders and other actors working for, or with, young people.

ARTICLE 3

Objectives

1. The general objectives of this Agreement shall be to:

a) Promote mutual understanding between the peoples of the European Union and Canada including broader knowledge of their languages, cultures and institutions;

b) Improve the quality of human resources in both the European Community and Canada, by facilitating the acquisition of skills required to meet the challenges of the global knowledge-based economy.

2. The specific objectives of the Agreement shall be to:

a) Reinforce a European Community and a Canadian value-added dimension to transatlantic cooperation in higher education, training and youth;

b) Contribute to transatlantic exchanges between citizens of both the European Union and Canada;

c) Contribute to the development of higher education and training institutions, as well as youth structures and organisations;

d) Promote and/or enhance partnerships among stakeholders active in the areas of higher education, training and youth in the European Community and Canada;

e) Contribute to the professional development of individuals while achieving the general objectives of the Agreement;

f) Develop opportunities for dialogue and exchanges on youth policy and youth work.

3. The operational objectives of the Agreement shall be to:

a) Support collaboration between higher education and training institutions with a view to promoting and developing joint study and/or training programmes and student mobility;

b) Improve the quality of transatlantic student mobility by promoting transparency, mutual recognition of qualifications and periods of study and training, and where appropriate portability of credits;

c) Support collaboration among public and private organisations active in the areas of higher education, training and youth with a view to encouraging discussion and exchange of experience on policy issues;

d) Support transatlantic mobility of professionals (including professionals-in-training) with a view to improving mutual understanding, and expertise, of issues relevant to European Union/Canada relations;

e) Support collaboration among youth structures and organisations as well as youth workers, young leaders and other youth actors with a view to promoting exchanges of good practices and developing networks.

ARTICLE 4

Principles

Cooperation under this Agreement shall be conducted on the basis of the following principles:

14. Full respect for the responsibilities of the Member States of the European Community and for the legislative powers of the Provinces and Territories of Canada in the fields of education and training, and the autonomy of the higher education and training institutions;

15. Overall balance of benefits from activities undertaken through this Agreement;

16. Broad participation across the different Member States of the European Community and the Provinces and Territories of Canada;

17. Recognition of the full cultural, social and economic diversity of the European Community and Canada;

18. Enhanced collaboration between the European Community and Canada and complementarity with bilateral programmes between the Member States of the European Community and Canada, as well as other European Community and Canada programmes and initiatives in higher education, training and youth.

ARTICLE 5

Cooperation

Cooperation shall be pursued by means of the actions described in the Annex, which forms an integral part of this Agreement.

ARTICLE 6

Joint Committee

1. A Joint Committee is hereby established. It shall comprise representatives of each Party.

2. The functions of the Joint Committee shall be to:

a) Review the cooperation envisaged under this Agreement;

b) Report to the Parties on the level, status and effectiveness of the cooperation in accordance with the objectives and principles of this Agreement;

c) Share information on recent developments, policies, new trends or innovative practices related to higher education, training and youth.

3. The Joint Committee shall endeavour to meet every second year, with such meetings being held alternately in the European Union and Canada. Other meetings may be held as mutually determined.

4. Decisions of the Joint Committee shall be reached by consensus. Minutes shall be agreed upon by those persons selected from each side to jointly chair the meeting, and shall, together with the report, be made available to the Joint Cooperation Committee established under the 1976 Framework Agreement on Commercial and Economic Cooperation between the European Community and Canada as well as appropriate Ministers of each Party.

ARTICLE 7

Monitoring and evaluation

Cooperation shall be monitored and evaluated as appropriate on a cooperative basis thus permitting, as necessary, the reorientation of the cooperative activities in the light of any needs or opportunities becoming apparent in the course of their implementation.

ARTICLE 8

Funding

1. Cooperation shall be subject to the availability of funds and to the applicable laws and regulations, policies and programmes of the European Community and Canada. Financing will be on the basis of an overall matching of funds between the Parties.

2. Each Party shall provide funds for the direct benefit of:

- for the European Community, citizens of one of the European Community Member States or persons recognised by a Member State as having official status as permanent residents;

- for Canada, its own citizens and permanent residents as defined by Canadian law.

3. Costs incurred by or on behalf of the Joint Committee shall be met by the Party to whom the respective member who has incurred the cost is responsible. Costs, other than those of travel and subsistence, that are directly associated with meetings of the Joint Committee, shall be met by the host Party.

ARTICLE 9

Entry of personnel

Each Party shall take all reasonable steps and use its best efforts to facilitate entry to and exit from its territory of personnel, students, material and equipment of the other Party engaged in or used in cooperation under this Agreement in accordance with their respective laws and regulations.

ARTICLE 10

Other agreements

1. This Agreement is without prejudice to cooperation which may be taken pursuant to other agreements between the Parties.

2. This Agreement is without prejudice to existing or future bilateral agreements between individual Member States of the European Community and Canada in the fields covered herein.

ARTICLE 11

Territorial application of this Agreement

This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the territory of Canada.

ARTICLE 12

Final clauses

1. Each Party shall notify the other in writing of its consent to be bound by this Agreement. This Agreement shall enter into force on the first day of the month following the date on which the last Party shall have so notified the other.

2. This Agreement shall remain in force for a period of eight years, following which it may be extended by written agreement of the Parties.

3. This Agreement may be amended by mutual written agreement of the Parties.

4. Amendments or extensions shall be in writing and shall enter into force on a date determined by the Parties.

5. This Agreement may be terminated at any time by either Party upon twelve months written notice. The expiration or termination of this Agreement shall not affect the validity or duration of any arrangements made under it or the obligations established pursuant to the Annex to this Agreement.

IN WITNESS WHEREOF the undersigned have signed this Agreement.

Done at (location) this (XX) day of (month) 2006, in two original texts in the English, French, Czech, Danish, Dutch, Estonian, Finnish, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish and Swedish languages, all texts being equally authentic.

FOR THE EUROPEAN COMMUNITY………FOR THE GOVERNMENT OF CANADA

ANNEX

ACTIONS

19. HIGHER EDUCATION AND TRAINING ACTION

20. The Parties shall provide support to higher education institutions and training institutions which form joint EC/Canada consortia for the purpose of undertaking joint projects in the area of higher education and training.

21. Each joint consortium must be formed by a multilateral partnership comprising institutions from at least two Member States of the European Community and at least two provinces or territories of Canada.

22. Joint consortia activities should normally involve transatlantic mobility of students in the framework of joint study programmes, mutual credit recognition, language and cultural preparation, with a goal of parity in the flows in each direction.

23. The priority and eligible subject areas for joint EC/Canada consortia cooperation shall be mutually agreed upon by each Party’s appropriate authorities.

24. The Parties may provide financial support for student mobility to joint consortia of higher education and/or vocational training institutions that have a proven track record of excellence in the implementation of joint projects funded by the Parties.

25. YOUTH ACTION

The Parties may provide financial support to activities involving youth structures, organisations, youth workers, young leaders and other youth actors. These activities may include seminars, training courses, job shadowing and study visits, on targeted themes, e.g. citizenship, cultural diversity, community work/volunteering, and recognition of non-formal and informal learning.

26. COMPLEMENTARY ACTION

27. The Parties may support a limited number of complementary activities in accordance with the objectives of the Agreement, including exchanges of experience and good practices, pooling resources and e-based material in the areas of higher education, training and youth.

28. The Parties may provide financial support to policy-oriented measures involving organisations active in higher education, training and youth; these measures may include studies, conferences, seminars, working groups, professional development workshops, benchmarking exercises and address horizontal higher education and vocational training issues, including recognition of qualifications and the transfer of credits under the European Credit Transfer System (ECTS).

29. The Parties may provide financial support for the mobility of professionals (including new graduates and professionals-in-training) who want to undertake short duration studies, or training programmes to develop their expertise, in areas of specific relevance to the EC/Canada relationship, which would be identified by the Parties.

30. The Parties may provide financial support to an Alumni Association involving students who have participated in exchanges implemented by the EC/Canada consortia in higher education and vocational training. This Alumni Association may be run by one or more organisations that the Parties shall jointly designate.

MANAGEMENT OF THE ACTIONS

1. Each Party may provide financial support for activities provided under the Agreement.

2. Administration of the Actions shall be implemented by the competent officials of each Party. These tasks may comprise:

- deciding the rules and procedures for the presentation of proposals including the preparation of common guidelines for applicants;

- establishing the timetable for publication of calls for proposals, submission and selection of proposals;

- providing information on activities under this agreement and their implementation;

- appointing academic advisors and experts, including for independent appraisal of proposals;

- recommending to the appropriate authorities of each Party which projects to finance;

- financial management;

- a collaborative approach to monitoring and evaluation.

3. As a rule, the European Community will provide support (including scholarships) for the use of the EC project partners; Canada will provide support for Canadian project partners.

TECHNICAL SUPPORT MEASURES

The Parties shall make funds available for purchasing of services to ensure optimal implementation of the Agreement; in particular the Parties may organise seminars, colloquia or other meetings of experts, conduct evaluations, produce publications or disseminate related information.

LEGISLATIVE FINANCIAL STATEMENT

NAME OF THE PROPOSAL:

Proposal for a Council decisions on the signature and the conclusion of the Agreement between the European Community and the government of Canada establishing a framework for co-operation in the fields of higher education, training and youth.

ABM / ABB FRAMEWORK

Policy area: EDUCATION AND CULTURE

Objective: "Mutually improve the quality of education through cooperation with third countries".

Activity: EDUCATION

BUDGET LINES

Budget lines (operational lines and related technical and administ rative assistance lines (ex- B.A lines) including headings :

15.02.03 Co-operation with non-member countries on education and vocational training

15.01.04.17 Co-operation with non-member countries on education and vocational training – Expenditure on administrative management

15.01.04.32 Executive agency for education, audiovisual and culture – subsidies for programmes under heading 4.

The above mentioned budget lines, in addition to covering the agreement with Canada, also cover the funding of similar agreements on higher education and vocational training that might be concluded with other industrialised countries, notably the United States of America.

Duration of the action and of the financial impact: 2006-2013

Budgetary characteristics ( add rows if necessary ) :

Budget line | Type of expenditure | New | EFTA contribution | Contributions from applicant countries | Heading in financial perspective |

15.02.03 | Non-comp | Diff | NO | NO | NO | No 4 |

15.01.04.17 | Non-comp | Diff | NO | NO | NO | No 4 |

15.01.04.32 | Non-comp | Diff | NO | NO | NO | No 4 |

SUMMARY OF RESOURCES

Financial Resources

Summary of commitment appropriations (CA) and payment appropriations (PA)

EUR million (to 3 decimal places)

Annual requirements | 2006 | 2007 | 2008 | 2009 | 2010 | 2011 and later |

Total number of human resources | 1,5 | 2,5 | 2,5 | 2,5 | 2,5 | 2,5 |

CHARACTERISTICS AND OBJECTIVES

NEED TO BE MET IN THE SHORT OR LONG TERM

The bilateral cooperation agreement in the field of higher education, training and youth will seek to enhance mutual understanding among the peoples of the EU and Canada, to better prepare citizens for the knowledge society and to mutually enhance the quality of higher education, training and non-formal education for young people in the EU and in Canada.

The bilateral cooperation agreement responds to a political desire by the parties at the highest level.

Value-added of Community involvement and coherence of the proposal with other financial instruments and possible synergy

The relations to Canada are among the oldest and closest of the European Union. They are characterised by a steady expansion whose most recent expression is the adoption of a “Partnership Agenda” in 2004. It stipulates the will to reinforce and broaden the scope of the education cooperation explicitly in relation to the renewal of the Agreement on Higher Education and Training. It mentions also the upgrade of the existing Agreement as a possibility to be explored by improving access for all higher education and training institutions, and by increasing the exchanges in number and scope. A specific reference is made towards the inclusion of activities in the youth area not linked to formal education structures.

The EU-Canada agreement would provide added value at a number of levels: building institutional Transatlantic bridges, provide individuals, academic and administrative staff and students with their own transatlantic networks, develop specific subjects and disciplines. Also the envisaged actions would preserve and develop the multilateral approach involving in each action institutions and people from different Member States. This multilateral approach has so far proved to be effective in increasing mutual understanding and improving the quality of education and training in the EU in Canada. It has also proved to bear certain economies of scope, scale and quality enhancement with respect to bilateral programmes.

The objectives of the EU/Canada agreement would be fully consistent with those of other EU instruments in these areas. The agreement would set up a framework that would complement other programmes giving the possibility of pursuing objectives of quality education though collaboration between the EU and Canada. In addition, the envisaged actions would bring in a transatlantic people-to-people cooperation which is absent in other EU education and training and youth programmes.

In particular, the actions under the agreement will complement Erasmus Mundus programme in that it will focus mainly on undergraduate mobility and include transatlantic exchanges in the field of vocational training and youth.

These actions would also complement the activities of EU Centers supported by the European Union in that they offer additional possibilities for exchanges and encourages structural cooperation between institutions and organisations from both sides of the Atlantic.

Objectives, expected results and related indicators of the proposal in the context of the ABM framework

Objective | Non exhaustive list of indicators |

General objectives |

Promote mutual understanding between the peoples of the European Union and Canada including broader knowledge of their languages, cultures and institutions; Improve the quality of human resources in both the European Community and Canada, by facilitating the acquisition of skills required to meet the challenges of the global knowledge-based economy. | Quantitative data on perception among users and stakeholders obtained through surveys carried out during interim and ex-post evaluation |

Specific objectives |

Reinforce a European Community and a Canadian value-added dimension to transatlantic cooperation in higher education, training and youth; Contribute to transatlantic exchanges between citizens of both the European Union and Canada; Contribute to the development of higher education and training institutions, as well as youth structures and organisations; Promote and/or enhance partnerships among stakeholders active in the areas of higher education, training and youth in the European Community and Canada; Contribute to the professional development of individuals while achieving the general objectives of the Agreement; Develop opportunities for dialogue and exchanges on youth policy and youth work. | Quantitative data on perception of officials and administrators obtained through direct interviews; Quantitative data on perception of individuals responsible for institutions and organisations involved in the proposed actions obtained through surveys; Quantitative data on perception among individuals responsible for youth policy and youth work obtained through surveys; Quantitative data on individual participants’ perceptions obtained through surveys. |

Results can be defined as an advantage or disadvantage which direct addressees obtain at the end of their participation in a public intervention. They should therefore be identified in relation with the operational objectives of the intervention.

Operational objectives | Results obtained by participants |

Support collaboration between higher education and training institutions with a view to promoting and developing joint study and/or training programmes and student mobility; | Institutions: improved curricula and teaching methodologies; greater transparency and understanding of respective credit system; improved preparedness for transatlantic cooperation; |

Improve the quality of transatlantic student mobility by promoting transparency, mutual recognition of qualifications and periods of study and training, and where appropriate portability of credits; | Students: enriching transatlantic experience; better education and cultural understanding |

Support collaboration among public and private organisations active in the areas of higher education, training and youth with a view to encouraging discussion and exchange of experience on policy issues; | Organisations, institutions: better understating of policy issues; |

Support transatlantic mobility of professionals (including professionals-in-training) with a view to improving mutual understanding, and expertise, of issues relevant to European Union/Canada relations; | Individuals: better understanding of key issues in EU/Canada relations. |

Support collaboration among youth structures and organisations as well as youth workers, young leaders and other youth actors with a view to promoting exchanges of good practices and developing networks. | Policy makers, youth work practitioners, youth organisations: mutually enriched through exchanges of good practices. Organisations: new multilateral partnerships and networks. |

Method of Implementation (indicative)

Show below the method(s)[5] chosen for the implementation of the action.

X Centralised Management

X Directly by the Commission

X Indirectly by delegation to:

X Executive Agency

ٱ Bodies set up by the Communities as referred to in art. 185 of the Financial Regulation

ٱ National public-sector bodies/bodies with public-service mission

ٱ Shared or decentralised management

ٱ With Member states

ٱ With Third countries

ٱ Joint management with international organisations (please specify)

The proposed framework for cooperation is based on the principle of joint funding from the European Union and from Canada. Call for proposals are administered by the European Commission on the basis of joint guidelines agreed beforehand with Canadian authorities.

The Commission may have recourse to an Executive Agency. The financial envelope allocated to the EU/Canada agreement may not in itself justify the recourse to an Executive Agency. However, it is likely that a very similar agreement be concluded with the United States of America increasing economies of scale and providing a rationale for implementation of some actions through an Executive Agency.

MONITORING AND EVALUATION

Monitoring system

Monitoring of the joint EU/Canada projects will be implemented through a combination of desk monitoring (based on regular reporting from grant holders), and on site monitoring carried out by the Commission and by the appropriate structure designated by the Government of Canada.

Evaluation

Ex-ante evaluation

The ex-ante evaluation is based on experience acquired implementing the current programme, direct feedback from beneficiaries, a study on the vocational training strand within the programme, expert consultations and an interim evaluation of the current phase of the programme.

The explanatory memorandum covers the main aspects of ex-ante evaluation and impact assessment.

The main findings of the ex-ante evaluation as regards higher education and vocational training are the following:

- the programme is beneficial for the institutions, faculties and students involved. In particular the programme is effective in improving students and staff cross-cultural understanding.

- the programme also contributed to curriculum development and especially to consolidating transatlantic networks of universities and vocational training institutions.

- the programme is, however, considered too small to have had an impact on the mutual understanding between the people of the European Union and Canada.

- sustainability of mobility projects was put into question due to lack of follow-up funding.

- for a vocational training strand to coexist with higher education, a significant budget increase is necessary;

- a specific approach was necessary for vocational education and training adapting certain implementation criteria to the specific reality of this field;

- the interim evaluation suggest some operational changes: a) increase the duration of consortia projects; b) put emphasis on identification and exchange of best practices; c) introduce a system of additional mobility grants for successful projects;

- as far as youth is concerned, the main recommendations emerging from the EU/Canada seminar on cooperation on this field are to continue dialogue among policy makers and to facilitate the exchange of best practices and the sharing of resources among youth work practitioners.

Measures taken following an intermediate/ex-post evaluation (lessons learned from similar experiences in the past)

The proposed framework for cooperation will be designed taking into account the conclusions from the ex-ante evaluation, namely, it would

- maintain the well tested and proven components of the current programme;

- develop a specific approach for vocational training;

- build on projects of proven excellence;

- reinforce mobility;

- introduce a new youth component;

- increase the current financial envelope.

Terms and frequency of future evaluation

In principle, an interim evaluation will be undertaken after the first three years of implementation and an ex-post final evaluation will be launched at the end of the intervention.

Anti-fraud measures

Funding decisions and contracts between the Commission and the beneficiaries provide for in situ checks to be carried out on the premises of beneficiaries of a European Community grant by the Commission and the Court of Auditors, and bestow the power to require evidence of any expenditure made under such contracts, agreements and legal undertakings within five years following the end of the contractual period.

Beneficiaries are subject to reporting and financial accounting obligations, and these are analysed from the point of view of content and eligibility of expenditure, bearing in mind the purpose of the European Community funding, and taking account of contractual obligations and of the principles of economy and sound financial management.

Appended to the financial agreements is information of an administrative and financial nature, designed to specify the kind of expenditure which is eligible under such agreements. Where appropriate, European Community coverage of certain cost elements will be limited to items which are real, identifiable and verifiable in the beneficiary's book-keeping arrangements, so as to facilitate checking and auditing (and evaluation for selection purposes) of projects in receipt of funding.

DETAILS OF RESOURCES

Objectives of the proposal in terms of their financial cost

Commitment appropriations in EUR million (to 3 decimal places)

Headings of operational objective | Type of output | Av. cost | 2006 | 2007 | 2008 | 2009 | 2010 | 2011-2013 | TOTAL |

2006 | 2007 | 2008 | 2009 | 2010 | 2011-2013 on annual basis |

Officials or temporary staff[6] (XX 01 01) | A*/AD | 1 | 1 | 1 | 1 | 1 | 1 |

B*, C*/AST | 1 / 4 1 / 4 | 1 / 4 1 / 4 | 1 / 4 1 / 4 | 1 / 4 1 / 4 | 1 / 4 1 / 4 | 1 / 4 1 / 4 |

Staff financed[7] by art. XX 01 02 | 0 | 0 | 0 | 0 | 0 |

Other staff[8] financed by art. XX 01 04/05 | 0 | 1 | 1 | 1 | 1 | 1 |

TOTAL | 1,5 | 2,5 | 2,5 | 2,5 | 2,5 | 2,5 |

Description of tasks deriving from the action

1 A*/AD: Policy development and programme manager

1,25 B*/AST Financial assistant

1 / 4 C*/AST Secretarial and financial support

Sources of human resources (statutory)

(When more than one source is stated, please indicate the number of posts originating from each of the sources)

1,5 Posts currently allocated to the management of the programme to be replaced or extended.

( Posts pre-allocated within the APS/PDB exercise for year n

( Posts to be requested in the next APS/PDB procedure

( Posts to be redeployed using existing resources within the managing service (internal redeployment)

( Posts required for year n although not foreseen in the APS/PDB exercise of the year in question

Other Administrative expenditure included in reference amount (XX 01 04/05 – Expenditure on administrative management)

EUR million (to 3 decimal places)

Budget line (number and heading) | 2006 | 2007 | 2008 | 2009 | 2010 | 2011-2013 | TOTAL |

1 Technical and administrative assistance (including related staff costs) |

Executive agencies[9] 15.01.04.32 | 0,128 | 0,128 | 0,128 | 0,128 | 0,128 | 0,896 |

Other technical and administrative assistance 15.01.04.17 |

- intra muros | 0,160 | 0,200 | 0,200 | 0,200 | 0,600 | 1,360 |

- extra muros |

Total Technical and administrative assistance | 0,288 | 0,328 | 0,328 | 0,328 | 0,984 | 2.256 |

The budget 2006 does not include specific budget line for administrative assistance. Expenditure such as that generated by experts for the assessment of proposals is funded under the DG’s global envelope. As from 2007, a budget line for administrative support will be created. This is justified by the potentially higher budget allocated to not only to the EU/Canada agreement but also to the future EU/US agreement (both agreements combined would total 8 M€ per annum, up from 3M€ per annum at present). The budget line for administrative assistance is justified also by the possibility of implementing the envisaged actions under the agreement through the existing Education, Audiovisual and Culture Executive Agency. If a similar agreement is concluded with the United States of America there would be economies of scale and a strong rationale for implementing some actions under these agreements through the existing Education, Audiovisual and Culture Executive Agency. For this reason, the table above includes the amount equivalent to 1 contractual agent for the Executive Agency.

Financial cost of human resources and associated costs not included in the reference amount

EUR million (to 3 decimal places)

Type of human resources | 2006 | 2007 | 2008 | 2009 | 2010 | 2011-2013 |

Officials and temporary staff (XX 01 01) | 0,162 | 0,162 | 0,162 | 0,162 | 0,162 | 0,486 |

Staff financed by Art XX 01 02 (auxiliary, END, contract staff, etc.) (specify budget line) |

Total cost of Human Resources and associated costs (NOT in reference amount) | 0,162 | 0,162 | 0,162 | 0,162 | 0,162 | 0,486 |

Calculation– Officials and Temporary agents

1,5 staff x 108.000 EUR x 8 years = EUR 1.296.000

This calculation is based on the assumption that the Education, Audiovisual and Culture Executive Agency will be involved in the implementation of the agreement. If this is not the case, 1 additional Commission staff would be required.

Calculation– Staff financed under art. XX 01 02

N.A.

Other administrative expenditure not included in reference amount

EUR million (to 3 decimal places)

2006 | 2007 | 2008 | 2009 | 2010 | 2011- 2013 | TOTAL |

XX 01 02 11 01 – Missions | 0,004 | 0,004 | 0,004 | 0,004 | 0,004 | 0,012 | 0,032 |

XX 01 02 11 02 – Meetings & Conferences |

XX 01 02 11 03 – Committees[10] Joint EU/Canada committee set up by the agreement | 0,018 | 0,018 | 0,035 | 0,070 |

XX 01 02 11 04 – Studies & consultations |

XX 01 02 11 05 - Information systems |

2 Total Other Management Expenditure (XX 01 02 11) |

3 Other expenditure of an administrative nature (specify including reference to budget line) |

Total Administrative expenditure, other than human resources and associated costs (NOT included in reference amount) | 0,004 | 0,022 | 0,004 | 0,022 | 0,004 | 0,047 | 0,102 |

Calculation - Other administrative expenditure not included in reference amount

Missions: 1 x 3000 (to Canada) + 2 x 700 (to Member States) = EUR 4.400

Joint Committee meeting with Member States every other year: 25 x 700 x 4 = EUR 70.000

[1] COM(2005) 274

[2] OJ C , , p. .

[3] OJ C , , p. .

[4] See points 19 and 24 of the Interinstitutional agreement.

[5] If more than one method is indicated please provide additional details in the "Relevant comments" section of this point

[6] Cost of which is NOT covered by the reference amount

[7] Cost of which is NOT covered by the reference amount

[8] Cost of which is included within the reference amount

[9] The possibility of having recourse to the existing Executive Agency Education, Audiovisual and Culture will be examined in the context of the evaluation of the Agency. The evaluation will be carried out in 2006 in view of the implementation of the new education programmes 2007-2013.

[10] Specify the type of committee and the group to which it belongs.