Proposal for a COUNCIL DECISION concerning the signature of the Agreement between the European Community and the Government of Canada renewing a co-operation programme in higher education and training

(presented by the Commission)

EXPLANATORY MEMORANDUM

I. Introduction

1. The Treaty establishing the European Community calls for the Community and the Member States to foster cooperation with third countries in the field of education and the sphere of vocational training. Such cooperation is to take place against the backdrop of the Community's general development of quality education and its implementation of a vocational training policy, whilst fully respecting the responsibility of the Member States for the content and organisation.

2. Existing and past European Community education and vocational training programmes have had, and continue to have, a highly positive impact on the development of Member States' education and vocational training policies and systems. They have contributed to the emergence of a European space for education and vocational training through, in particular, the encouragement of mobility and increasing recognition of study and training periods, as well as the creation of transnational structural co-operation networks.

3. In its 1995 White Paper "Teaching and learning - Towards the learning society", the Commission stated that the emergence of the learning society entailed encouraging the acquisition of new knowledge and, to this end, providing motivation to learn at every opportunity.

4. The conclusions of the 23-24 March 2000 Lisbon European Council emphasised the fact that the European Union has been confronted with a quantum shift resulting from globalisation and the challenges of a new knowledge-driven economy. If Europe is to meet the challenge and seize the opportunities - in terms of economic growth, as well as enhanced employment and social welfare - that this rapidly changing environment presents, then Member States' education and vocational training systems need to adapt to the demands of the knowledge society.

5. In this new era of globalisation and interdependence, the Community's search for new strategies in education and vocational training cannot be confined only to the geographical limits of the European Community or the wider Europe. Rather, it should also be conducted in co-operation with countries and regions outside the European Community, and in particular with those whose education and vocational training systems have achieved a high degree of development.

6. Increasingly, the presence of foreign students, trainees and staff in a given country is taken as an indication of the perceived value of that country's education and vocational training systems. At the same time, for the country concerned the presence of foreign students, trainees and academic staff is increasingly valued as a source of new ideas and a potential enrichment of its education and training systems. Third country education and vocational training co-operation schemes may contribute to a better understanding of the standards that determine world academic and vocational training mobility and project a more dynamic and attractive image of the European learning space to third country students, teachers and administrators. They may also lead directly to employment opportunities, both in the Community and elsewhere.

7. Co-operation with third countries, as provided for in Articles 149.3 and 150.3 of the EC Treaty, is therefore no longer an option but rather a necessary dimension of the Community's overall strategy for education and vocational training.

8. In addition, co-operation in areas such as education and vocational training contributes to the strengthening of relations with third countries. The consolidation of the European Community on the international scene must be accompanied by concrete, positive co-operation actions.

9. The proposal to renew the Agreement between the European Community and Canada establishing a co-operation programme in higher education and training should be seen against this general background. More particularly, Canada is among the leading economies in the world and is a 'natural' EU partner on many issues, including the questions like how to deal with the emerging knowledge-based economy and the globalisation process. Cooperation in these fields is of mutual benefit.

10. The changes in the world scene that have taken place over the last decade prompted a revision of the traditional partnership between the European Community and Canada. As a result, both the European Community and Canada committed themselves, inter alia, actively to encourage closer links between their peoples on both sides of the Atlantic.

11. The existing Agreement has proved to be a highly positive component of Transatlantic relations and has been acknowledged by both sides as having been amongst the most concrete contributions to building bridges of friendship and understanding between the peoples and institutions of the European Community and Canada. It has thus embodied the new partnership. The cooperation that was set up under the agreement has been very successful in creating innovative and structural institutional links that have a clear added value to existing bilateral cooperation schemes. The proposed renewal of the Agreement would build on and consolidate these results.

II. Background

1. Following the signature of the 1990 Transatlantic Declarations with the US and Canada, an exploratory phase of co-operation involving higher education institutions from the European Community and the United States of America was launched in 1993. The European Parliament played a supportive part in encouraging the establishment of cooperation with third countries in general and, as a twin-arm of the budgetary authority, in the development of the pilot project in particular.

2. Drawing from the positive experience of this pilot phase, it was decided to establish cooperation programmes with both the US and Canada. An Agreement between the European Community and Canada establishing a co-operation programme in higher education and vocational training was concluded in 1995, for a duration of five years (1996-2000). A Joint Political Declaration on Canada-EU Relations and the Joint EU/Canada Action Plan were adopted in December 1996, and it should be noted that the EU/Canada Action Plan indicated under section IV -Fostering Links- the parties' intention to further strengthen their cooperation under the Agreement.

3. As set out in the Agreement, the first two objectives of the 1995 cooperation programme were: the promotion of mutual understanding between the peoples of the European Community and Canada, and the improvement of the quality of human resource development in both the European Community and Canada. The programme pursued its objectives primarily by means of student-centred structural co-operation carried out by joint consortia. The joint consortia were composed of a minimum of three active partners on each side, including at least two partner higher education or training institutions in different Member States of the Community and different Canadian Provinces or Territories.

4. Internal monitoring of progress, sustained by an independent evaluation carried out in 1999, revealed the high added value of EC/Canada co-operation in that:

- it contributes to reinforcing intra-Community links;

- it complements and diversifies traditional bilateral co-operation arrangements;

- it provides a testing ground for Community co-operation methods, such as the recourse to multilateral networks or the use of the European Credit Transfer Scheme;

- it provides a wider framework for the development of new education and training strategies and methodologies;

- it provides a framework for sustained multilateral co-operation involving the EC, its Member States and Canada.

5. The internal monitoring and the results of the external evaluation led the Commission to conclude that:

- the multilateral network project approach (joint consortia) as well as the focus on students contributed successfully to the achievement of the programme's objectives;

- greater emphasis, however, needed to be placed on the recognition of periods of study and training within projects;

- co-operation on vocational training had not been significantly developed and a more proactive, tailor-made approach would be required to this end;

- in order to achieve all of the above, the programme would need to be endowed with higher financial resources.

6. Exploratory talks revealed the firm desire of Canada to continue and widen the existing co-operation.

7. In view of all of the above, the Commission tabled Recommendations for a Council decision authorising the negotiation of the renewal of the existing 1995 Agreement (SEC(99)2075 final). The Council adopted the decision on 22 May 2000.

8. Negotiations duly took place in Ottawa on 6-7 July 2000 and resulted in the attached draft agreement.

III. Description of the programme

1. The programme is consistent with the negotiation directives issued by the Council and also reflects the views of Canada as to the objectives and the means to achieve them. It therefore:

- encompasses both higher education and vocational training;

- maintains and reinforces the multilateral network approach (joint consortia) as a model for co-operation: joint consortia will be formed by a minimum of three partners from three European Community Member States and three partners from at least two Provinces or Territories in Canada; they will be funded for a period of up to three years;

- provides - through preparatory and project development activities - a mechanism for the development of innovative co-operation, both in terms of partners and themes, designed in particular to encourage greater involvement of the vocational training sector;

- provides a framework for wider co-operation in the fields of education and training through complementary measures.

IV. Complementarity and subsidiarity

1. The programme will continue to build on intra-Community links, thus reinforcing the European dimension of education and, at the same time, will contribute to the diversification of existing bilateral co-operation between the Canada and Member States.

2. The joint consortia model of co-operation will help higher education and vocational training institutions which already have experience in certain areas of transatlantic co-operation to enter new ones. It will also allow institutions with no experience of transatlantic co-operation to become involved and thus gain valuable experience.

3. The support provided though the programme will, in particular, benefit vocational training institutions. While there is a well-established intra-Community co-operation in the field of vocational training, it is a fact that vocational training institutions are less equipped for transatlantic co-operation than higher education institutions. The vocational training sector and those involved in it must be given real opportunities to benefit from all the gains that transatlantic cooperation may produce.

4. Through multilateral co-operation, which involves cultural and linguistic preparation, the programme will contribute to an increasing understanding of the cultural and linguistic diversity of the European Community.

5. The programme's Joint Committee will provide a forum for multilateral discussion that will benefit the relevant authorities of the parties involved.

V. Conclusion

1. The programme renewed by the draft agreement attached to the present draft Council decision will complement existing Community co-operation in the fields of education and vocational training and fully respect Member States' bilateral activities. The programme will provide a framework for the search for innovative solutions to the challenges posed by the emerging knowledge-based economy, through student-based structural co-operation and other co-operative activities with a durable impact.

2. The draft agreement furthers the co-operation strategy as set out in the 1996 Joint Political Declaration on Canada-EU relations and the Joint EU-Canada Action Plan. The draft agreement will contribute further to strengthening links between the peoples from both sides of the Atlantic.

3. The Commission considers that the draft agreement is acceptable to the Community. Accordingly it proposes that the Council:

a) approves the results of the negotiation;

b) decides to sign the agreement and

c) initiates the procedure for its conclusion.

4. Hence, the Commission proposes that the Council adopt the attached proposal for a decision.

Indicative timetable leading to the conclusion of the Agreement

Mid-October // Commission submits proposals to Council

Early December at the latest // Council decides on signature

19 December // Signature at the Canada-EU Summit

January/February // European Parliament gives opinion

Council decides on conclusion of agreement and carries out notification according to article 12 of the agreement

Proposal for a COUNCIL DECISION concerning the signature of the Agreement between the European Community and the Government of Canada renewing a co-operation programme in higher education and training

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission,

Whereas:

(1) by its Decision of 22 may 2000 the Council authorised the Commission to negotiate agreements for cooperation in higher education and vocational training between the European Community, Canada and the United States of America;

(2) the Community and 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 Canada and provide a European added value;

(3) it is necessary to sign the Agreement between the European Community and the Government of Canada renewing a co-operation programme in higher education and training,

HAS DECIDED AS FOLLOWS:

Article 1

The signature, subject to conclusion of the Agreement between the European Community and the Government of Canada renewing a co-operation programme in higher education and training 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 is hereby authorised to designate the person or persons empowered to sign the Agreement on behalf of the Community.

Done at Brussels,

For the Council

The President

ANNEX

AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE GOVERNMENT OF CANADA RENEWING 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 well-being of their citizens, such as exchanges and joint projects in education and culture, including academic and youth exchanges;

NOTING that the Joint Declaration on EU-Canada Relations adopted on 17 December 1996 remarks 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 on Higher Education and Training;

CONSIDERING that the adoption and the implementation of the 1995 Agreement on Higher Education and Training materialises the commitment of the Transatlantic Declaration and that the experience of its implementation has been highly positive to 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;

RECOGNIZING that cooperation in higher education and training 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;

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

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

RECOGNIZING the need to widen access to the activities supported under this Agreement, in particular those activities in the training sector;

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

HAVE AGREED AS FOLLOWS:

Article 1

Purpose

This Agreement renews the Cooperation Programme in Higher Education and Training between the European Community and Canada, established in 1995.

Article 2

Definitions

For the purpose of this Agreement:

1. 'higher education institution' means any establishment according to the applicable laws or practices which offers qualifications or diplomas at higher education level, whatever such establishment may be called;

2. 'training institution' means any type of public, semi-public or private body, which, irrespective of the designation given to it, in accordance with the 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 following learning or training courses or programmes which are run by higher education or training institutions as defined in this Article, and which are recognised or financially supported by the competent authorities.

Article 3

Objectives

The objectives of the Cooperation Programme shall be to:

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

2. Improve the quality of human resource development in both the European Community and Canada, including the acquisition of skills required to meet the challenges of the global knowledge-based economy.

3. Encourage an innovative and sustainable range of student-centred higher education and training cooperative activities between the different regions in the European Community and in Canada that have a durable impact.

4. 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.

5. Encourage the exchange of expertise in e-learning and open and distance education and their effective use by project consortia to broaden Programme impact.

6. Form or enhance partnerships among higher education and training institutions, professional associations, public authorities, private sector and other associations as appropriate in both the European Community and Canada.

7. Reinforce a European Community and a Canadian value-added dimension to Transatlantic cooperation in higher education and training.

8. Complement bilateral programmes between the Member States of the European Community and Canada as well as other European Community and Canadian programmes and initiatives.

Article 4

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 and Territories of Canada and the autonomy of the higher education and training institutions.

2. Overall balance of benefits from activities undertaken through this Agreement.

3. Effective provision of seed-funding for a diverse range of innovative projects, that build new structures and links, that have a multiplying effect through consistent and effective dissemination of results, that are sustainable over the longer term without on-going Cooperation Programme support, and where student mobility is involved, provide mutual recognition of periods of study and training and, where appropriate, portability of credits.

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

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

6. Selection of projects on a competitive and transparent basis, taking account of the foregoing principles.

Article 5

Programme Actions

The Cooperation Programme 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 co-operative activities envisaged under this agreement;

b) Provide a report at least biennially to the Parties on the level, status and effectiveness of co-operative activities undertaken under this Agreement.

3. The Joint Committee shall meet at least every second year, with such 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 biennial report, be made available to the joint Cooperation Committee established under the 1976 Framework Agreement for Commercial and Economic Cooperation between the European Community and Canada and appropriate Ministers of each Party.

Article 7

Monitoring and Evaluation

The Cooperation Programme shall be monitored and evaluated as appropriate on a cooperative basis. 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 8

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 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; for Canada; its own citizens and permanent residents as defined in the Immigration Act.

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, 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 cooperative activities under this Agreement in accordance with laws and regulations of each Party.

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. 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. The Agreement shall enter into force on the first day of the month following the later notification.

2. This Agreement shall be in force for a period of five years, following which it may be renewed by agreement of the Parties.

3. This Agreement may be amended or extended by agreement of the Parties. Amendments or extensions shall be in writing and 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 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.

Article 13

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 Ottawa, on this day of 2000.

FOR THE EUROPEAN COMMUNITY

FOR THE GOVERNMENT OF CANADA

ANNEX

Action 1

Joint EC/Canada Consortia projects

1. The Parties will 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. 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 three active partners on each side from at least three different Member States of the European Community and from at least two different Provinces or Territories of Canada.

3. Each joint consortium should as a rule involve transatlantic mobility of students, with a goal of parity in the flows in each direction, and foresee adequate language and cultural preparation.

4. Financial support may be awarded to joint consortia projects for innovative activities with objectives which can be accomplished within a time-scale of up to a maximum of three years. Preparatory or project development activities may be supported for a period of up to one year.

5. The eligible subject areas for joint EC/Canada consortia cooperation shall be agreed by the Joint Committee as established by Article 6.

6. Activities eligible for support may include:

- preparatory or project development activities;

- development of organizational frameworks for student mobility, including work placements, which provide adequate language preparation and full recognition by the partner institutions;

- structured exchanges of students, teachers, trainers, administrators, human resource managers, vocational training programme planners and managers, trainers and occupational guidance specialists in either higher education institutions or vocational training organisations;

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

- joint development of new methodologies in higher education and training including the use of information and communication technologies, e-learning, open and distance learning;

- 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, 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 3 of this Agreement.

Action 2

Complementary Activities

The Parties may support a limited number of complementary activities in accordance with the objectives of the Agreement, including exchanges of experience or other forms of joint action in the fields of education and training.

PROGRAMME ADMINISTRATION

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

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

- deciding the rules and 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 programme and its 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 co-operative approach to programme monitoring and evaluation.

TECHNICAL SUPPORT MEASURES

Under the Cooperation Programme, funds will be made available for purchasing of services to ensure optimal programme implementation; in particular the Parties may organize seminars, colloquia or other meetings of experts, conduct evaluations, produce publications or disseminate programme-related information.