Proposal for a Council Decision concerning the conclusion of an Agreement between the European Community and Canada establishing a cooperation programme in higher education and training (95/C 305/03) COM(95) 77 final - 95/0108(CNS)

(Submitted by the Commission on 31 July 1995)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 126, 127, 228 (2) first sentence and 228 (3) first line thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas by its Decision of 21 November 1994, the Council authorized the Commission to negotiate agreements for cooperation in higher education and vocational training between the European Community, Canada and the United States of America;

Whereas the Community and Canada expect to obtain mutual benefit from such cooperation;

Whereas the Agreement on higher education and vocational training cooperation between the European Community and Canada should be approved,

HAS ADOPTED THIS DECISION:

Article 1

The Agreement for cooperation in higher education and vocational training between the European Community and Canada is hereby approved on behalf of the Community. The text of the Agreement is attached to this Decision.

Article 2

The President of the Council shall carry out the notifications provided for in Article 11.

AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND CANADA ESTABLISHING A COOPERATION PROGRAMME IN HIGHER EDUCATION AND TRAINING

The European

Community, of the one part, and the Government of Canada, of the other part, hereinafter collectively referred to as 'the Parties`,

NOTING that the Transatlantic Declaration 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 wellbeing of their citizens, such as exchanges and joint projects in education and culture, including academic and youth exchanges;

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

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

EXPECTING to obtain mutual benefit from cooperative activities in higher education and training;

DESIRING, to establish a formal basis for the conduct of cooperative activities in higher education and training,

HAVE AGREED AS FOLLOWS:

Article 1

Purpose

This Agreement establishes a cooperation programme in higher education and training between the European Community and Canada.

Article 2

Objectives

The objectives of the cooperation programme shall include:

1. promoting closer understanding between the peoples of the European Community and Canada including broader knowledge of their languages, cultures and institutions;

2. improving the quality of human resource development in both the European Community and Canada;

3. stimulating an innovative range of student-centred higher education and training cooperative activities between the different regions in the European Community and in Canada;

4. improving the quality of transatlantic student mobility including promoting transparency, mutual recognition and thus portability of academic credits;

5. encouraging exchange of expertise in new developments in higher education and training, including the use of new technologies and distance education, for the mutual enrichment of practice in the European Community and Canada;

6. forming or enhancing partnerships among higher education and training institutions, professional associations, public authorities, business and other associations as appropriate in both the European Community and Canada;

7. introducing a European and a Canadian added value dimension to transatlantic cooperation in higher education and training;

8. complementing bilateral programmes between the Member States of the European Community and Canada as well as other programmes and initiatives in higher education and training;

9. seeking, as appropriate, complementarity with activities undertaken between the European Community and Canada in the area of scientific and technical cooperation.

Article 3

Principles

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

1. full respect for the responsibilities of the Member States of the European Community and the Provinces of Canada and the autonomy of the higher education institutions;

2. an overall balance of benefits;

3. effective use of cooperation programme funds;

4. emphasis on a diverse range of innovative projects, building new structures and links, sustainable over the longer term and without on-going cooperation programme support;

5. broad participation across the different Member States of the European Community and the Provinces and Territories of Canada;

6. recognition of the full cultural, social and economic diversity of the European Community and Canada;

7. selection of projects on a competitive and transparent basis, taking account of the foregoing principles.

Article 4

Scope

1. The cooperation programme may include the following:

(a) joint projects carried out by multilateral EC/Canada consortia, including, where appropriate, preparatory actions. These groups may be composed of higher education institutions, training establishments and other organizations providing links with the workplace. Each consortium will be encouraged to include other relevant actors as affiliated members;

(b) exchanges of experience in the area of higher education and training to enhance the dialogue between the European Community and Canada;

(c) complementary measures including technical support.

2. Specific activities which may be undertaken are detailed in the Annex which is an integral part of this Agreement.

Article 5

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 provide a report annually to the Parties on the level, status and effectiveness of cooperative activities undertaken under this Agreement.

3. The Committee shall endeavour to meet once per year, with such annual meetings being held alternately in the European Community and Canada. Other meetings may be held as mutually determined.

4. Minutes shall be agreed by those persons selected from each side to jointly chair the meeting and shall, together with the annual report, be made available to the joint Cooperation Committee established under the 1976 Framework Agreement for Commercial and Economic Cooperation between the European Communities and Canada and appropriate Ministers of each Party.

Article 6

Monitoring and evaluation

The cooperation programme shall be monitored and evaluated as appropriate. This shall permit, as necessary, the reorientation of the cooperation programme in the light of any needs or opportunities becoming apparent in the course of its operation

Article 7

Funding

1. Cooperative activities 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 Canada: its own permanent residents as defined in the Immigration Act; for the European Community: citizens of one of the European Community Member States or persons recognized by a Member State as having official status as permanent residents.

3. Costs incurred by or on behalf of the Joint Committee shall be met by the Party to whom the members are responsible. Costs, other than those of travel and subsistence, which are directly associated with meetings of the Joint Committee and its sub-group, shall be met by the host Party.

Article 8

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 cooperative activities under this Agreement.

Article 9

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 10

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 11

Entry into force and termination

1. This Agreement shall enter into force on the first day of the month following the date on which the Parties shall have notified each other in writing that their legal requirements for the entry into force of this Agreement have been fulfilled.

2. This Agreement shall be in force for an initial period of five years.

3. This Agreement may be amended or extended by agreement of the Parties. Amendments or extensions shall enter into force on the first day of the month following the date on which the Parties shall have notified each other in writing that their legal requirements for the entry into force of the agreement providing for the amendment or extension in question have been fulfilled.

4. This Agreement may be terminated at any time by either Party upon 12 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.

Article 12

Authentic texts

This Agreement is drawn up in duplicate in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish and Swedish languages, each of these texts being equally authentic.

IN WITNESS WHEREOF the undersigned have signed this Agreement.

DONE AT . . ., this day of . . ., One thousand nine hundred and ninety-five.

ANNEX

Action 1 Joint EC/Canada consortia projects

1. The Parties will provide support to higher education institutions and training establishments which form joint EC/Canada consortia for the purpose of undertaking joint projects in the area of higher education and training. The European Community will provide support for the use of the European Community consortia partners, Canada will provide support for Canadian consortia partners.

2. Each joint consortium must involve at least six active partners with an absolute minimum requirement of two partner higher education or training institutions on each side which are in different Member States of the European Community and in different Provinces of Canada.

3. Joint consortia project grants may be awarded for innovative activities with objectives which can be accomplished within a time-scale of up to a maximum of three years.

4. The eligible subject areas for joint EC/Canada consortia cooperation shall be agreed by the Joint Committee as established by Article 5.

5. Activities eligible for support may include:

- development of organizational frameworks for student mobility, including work placements, which provide adequate language preparation and full academic recognition,

- joint development of innovative curricula including the development of teaching materials, methods and modules,

- short intensive programmes of a minimum of three weeks,

- teaching assignments forming an integral part of the curriculum in a partner institution,

- other innovative projects, including the use of new technologies and distance learning, which aim to improve the quality of transatlantic cooperation in higher education and training and meet one or more of the objectives specified in Article 2 of this Agreement.

6. Financial support for joint consortia activities may be provided from the cooperation programme for up to a maximum of three years. The main purpose of support is to strengthen European Community-Canada cooperation in higher education and training by providing seed-funding for specific cooperative projects to be jointly carried out.

7. Each Party may provide grants to students, academic or administrative staff of higher education and training establishments in its territory for the purpose of transatlantic cooperation.

8. Administration of the joint projects shall be implemented by the competent officials of each Party. These tasks shall comprise:

- deciding the procedures for the presentation of proposals including the preparation of a common set of guidelines for applicants,

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

- providing information on the cooperative programme and its implementation,

- appointing academic advisors and experts,

- recommending projects to finance to the appropriate authorities of each Party,

- financial management,

- programme monitoring.

Action 2 Complementary activities

The Parties may undertake the following complementary measures:

1. conferences on issues of interest to the European Community and Canada in higher education and/or training;

2. measures to facilitate the dissemination of information on the cooperation programme, including making the results and achievements of joint consortia projects available for the use of a wider audience;

3. provision of technical support to underpin activities.