Proposal for a COUNCIL DECISION modifying Decision 1999/311/EC of 29 April 1999 adopting the third phase of the trans-European cooperation scheme for higher education (TEMPUS III) (2000-2006)

(presented by the Commission)

EXPLANATORY MEMORANDUM

I. BACKGROUND

Article 2 of the Council Decision of 29 April 1999 adopting the third phase of the trans-European cooperation scheme for higher education (TEMPUS III) (2000-2006) defines the eligible countries.

This Article states that "TEMPUS III shall concern the non-associated countries of central and eastern Europe eligible for economic aid by virtue of Regulation (EEC) No 3906/89 (PHARE programme)...".

A footnote was added to this Article stating that "at present" the participating non-associated countries of central and eastern Europe were "Albania, Bosnia-Herzegovina and the former Yugoslav Republic of Macedonia".

Decisions relating to TEMPUS have always been seen as flexible legislative frameworks that can adapt to political developments in the beneficiary regions. The aim of this Article was not to make the Decision more restrictive than previous ones but rather to precisely define the geographical scope of the programme at the exact time of its adoption.

Now it appears that the legal interpretation of this footnote does not allow the programme to be extended geographically to non-associated countries of central and eastern Europe other than those specifically named.

II. AIM OF THE PROPOSED COUNCIL DECISION

As the Council of Ministers "General Affairs" has requested that the TEMPUS programme be opened to Croatia, it would be appropriate to propose to the Council that the Decision adopting TEMPUS III be amended and the footnote to Article 2 removed.

III. DESCRIPTION OF THE PROGRAMME

The aim of the TEMPUS programme is the restructuring of university education with the aid of initiatives relating to fundamental reform issues, such as the development of curricula, the organisation of staff mobility schemes (in particular, retraining and continuing education periods) and student mobility schemes, and the purchase of essential teaching and communication equipment.

This has been achieved by the Joint European Projects (JEPs), the main instrument for inter-university cooperation under the TEMPUS programme. A JEP requires the participation of at least one university in a beneficiary country and of partner institutions in at least two Member States of the European Union (one of which must be a university).

In parallel to these European Projects, mobility grants are awarded to teachers, trainers or administrative staff in higher education institutions, to senior ministry officials and education managers. The visits conducted by these people must contribute to the development of higher education in the partner countries and, more specifically, the development of the participating institution of the country concerned.

In addition, grants are awarded for a number of activities which complement the TEMPUS/Phare programme as a whole. These activities are designed to support the overall objective of the programme, which is to contribute to the development and restructuring of partner countries' higher education systems, by improving the capacities of higher education establishments to carry out strategic planning and institutional development, by supporting the dissemination of the results of TEMPUS and by promoting the establishment of a national strategy in the partner countries for the development of a specific aspect of higher education.

The priority sectors to be supported by the TEMPUS programme are defined on the basis of the annual consultations between the Commission and the authorities of each partner country. These priorities must be in line with the economic and democratic reform policies of these states and with the specific priorities of the Phare and Tacis programmes. The Commission must also ensure that TEMPUS-based action dovetails with the other activities pursued within the general framework of these programmes.

2000/0074 (CNS)

Proposal for a COUNCIL DECISION modifying Decision 1999/311/EC of 29 April 1999 adopting the third phase of the trans-European cooperation scheme for higher education (TEMPUS III) (2000-2006)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof,

Having regard to the proposal of the Commission [1],

[1] OJ C ....

Having regard to the opinion of the European Parliament [2],

[2] OJ C ...

Having regard to the opinion of the Economic and Social Committee [3],

[3] OJ C ...

Having regard to the opinion of the Committee of the Regions [4],

[4] OJ C ...

Whereas:

(1) By Decision 1999/311/CE of 29 April 1999, the Council adopted the third phase of the trans-European cooperation scheme for higher education (TEMPUS III) (2000-2006)

(2) This programme is intended for the non-associated countries of central and eastern Europe eligible for economic aid by virtue of Regulation (EEC) No 3906/89 (PHARE programme) or the programme intended to replace it and the New Independent States of the former Soviet Union and Mongolia as laid down in Council Regulation (EC, Euratom) No 99/2000 of 29 December 1999 concerning the provision of assistance to the partner States in Eastern Europe and Central Asia [5] (which replaces the old Tacis programme)

[5] OJ L 12, 18.1.2000, p. 1.

(3) The footnote inserted in Article 2 states that "at present" the programme relates to Albania, Bosnia-Herzegovina and the former Yugoslav Republic of Macedonia

(4) It is important to be able to extend the TEMPUS III programme to other countries in the region in future, in particular Croatia.

HAS DECIDED AS FOLLOWS:

Sole Article

Decision 1999/311/CE is hereby amended as follows:

The first paragraph of Article 2 "Eligible countries" is replaced by the following text:

"TEMPUS III concerns the non-associated countries of central and eastern Europe designated as eligible for economic aid by virtue of Regulation (EEC) No 3906/89 (Phare programme) or the programme intended to replace it, and the new independent states of the former Soviet Union and Mongolia mentioned in Regulation (EC, Euratom) No 99/2000 (which replaces the old Tacis programme). These countries are hereinafter referred to as "eligible countries"".

Done at Brussels,

For the Council

Le Président

FINANCIAL STATEMENT

1. TITLE OF THE OPERATION

Proposal for the amendment of Council Decision 1999/311/EC of 29 April 1999 adopting the third phase of the trans-European cooperation scheme for higher education (TEMPUS III) (2000-2006) with a view to removing the footnote relating to Article 2 "Eligible countries".

2. BUDGET HEADINGS INVOLVED

The budget headings involved are:

a) with regard to the non-associated countries of central and eastern Europe: Article B7-54 "Cooperation with Balkan countries".

b) with regard to the New Independent States and Mongolia: Article B7-52 "Cooperation with the New Independent States and Mongolia".

3. LEGAL BASIS OF THE TEMPUS PROGRAMME

A. Article 308 of the Treaty

- Council Regulation (EEC) No 3906/89 of 18 December 1989 on economic aid for the Republic of Hungary and the Popular Republic of Poland;

- Council Regulation (EEC) No 2698/90 of 17 September 1990 amending Regulation (EEC) No 3906/89 in order to extend economic aid to other countries of Central and Eastern Europe (Bulgaria, the German Democratic Republic, Romania, Czechoslovakia, Yugoslavia);

- Council Regulation (EEC) No 3800/91 amending Regulation (EEC) No 3906/89 in order to extend economic aid to include other countries in central and eastern Europe (Albania, Estonia, Latvia and Lithuania);

- Council Regulation (EEC) No 2334/92 amending Regulation (EEC) No 3906/89 in order to extend economic aid to Slovenia;

- Council Regulation (EEC) No 1764/93 amending Regulation (EEC) No 3906/89 on economic aid for certain countries of central and eastern Europe (Slovak and Czech Republics);

- Council Regulation (EC) No 1366/95 of 12 June 1995 amending Regulation (EEC) No 3906/89 in order to extend economic aid to Croatia;

- Council Regulation (EC) No 463/96 of 11 March 1996 amending Regulation (EEC) No 3906/89 in order to extend economic aid to the Former Yugoslav Republic of Macedonia;

- Council Regulation (EC) No 753/96 of 22 April 1996 amending Regulation (EEC) No 3906/89 in order to extend economic aid to Bosnia-Herzegovina;

- Council Regulation (EEC, Euratom) No 2053/93 of 19 July 1993 concerning the provision of technical assistance to economic reform and recovery in the independent states of the former Soviet Union and Mongolia;

- Council Regulation (EC, Euratom) No 1279/96 of 25 June 1996 concerning the provision of technical assistance to economic reform and recovery in the new independent states and Mongolia;

- Council Regulation (EC, Euratom) No 99/2000 of 29 December 1999 concerning the provision of assistance to the partner States in Eastern Europe and Central Asia;

- Council Decision of 7 May 1990 (90/233/EEC) establishing a trans-European mobility scheme for university studies (TEMPUS);

- Council Decision of 28 April 1992 (92/240/EEC) amending the Decision of 7 May 1990;

- Council Decision of 29 April 1993 (93/246/EEC) adopting the second phase of the trans-European cooperation scheme for higher education (TEMPUS II) (1994-1998);

- Council Decision of 21 November 1996 (96/663/EC) amending Council Decision 93/246/EEC of 29 April 1993 adopting the second phase of the trans-European cooperation scheme for higher education (TEMPUS II)(1994-1998) so as to extend it by two years (1998-2000);

- Council Decision of 29 April 1999 (1999/311/EC) adopting the third phase of the trans-European cooperation scheme for higher education (TEMPUS III) (2000-2006).

4. DESCRIPTION OF THE OPERATION

4.1 General objectives

The objectives of TEMPUS III are to promote, as part of the overall objectives and guidelines of the Phare and Tacis programmes for economic and social reform, the development of the higher education systems of the non-associated central and eastern European countries and in the new independent states and Mongolia through a cooperation which is as balanced as possible with partners from all the Member States of the European Community. Associated countries of central and eastern Europe [6], as well as the G-24 states, Malta and Cyprus, may be involved in these actions. Specifically, TEMPUS III seeks to help the higher education systems of partner countries to address:

[6] These countries may participate in the programme on the basis of their own financial contribution.

a) issues concerning the development and overhaul of teaching programmes in the priority areas;

b) the reform of higher education structures and establishments and their management;

c) the development of training opening on to a qualification in order to make good the shortage of higher skills needed for the period of economic reform, particularly by improving and increasing links with industry.

The Commission agrees with the competent authorities in each country detailed objectives and priorities for the role of TEMPUS III in the national economic and social reform strategy, on the basis of the programme's objectives and the provisions of the Annex, and in accordance with, in particular:

a) the overall objectives of the Phare and Tacis programmes, with particular reference to the sectoral aspects;

b) each partner country's economic, social and education reform policy;

c) the need for an appropriate balance to be struck between the selected priority areas and the resources allocated to TEMPUS III.

4.2 Period covered

Academic years: 1 July 2000 to 30 June 2006.

4.3 Target group

Teachers, instructors, university administrators and students in the higher education sector (estimate: 10 million individuals), national and local administrations.

5. CLASSIFICATION OF EXPENDITURE OR REVENUE

- Non-compulsory expenditure

- Differentiated appropriations

6. TYPE OF EXPENDITURE

100% subsidy: in line with the particular nature of the programme (economic assistance to central and eastern European partner countries, to the new independent states and Mongolia).

7. FINANCIAL IMPACT

7.1 Method of calculating total cost of the operation

Since TEMPUS is funded out of the total budget allocated by the European Community to the partner countries concerned, it is these countries that will decide how this total amount is to be distributed between the various measures.

For most of the beneficiary countries, the proportion allocated to restructuring higher education under the TEMPUS programme generally represents between 10% and 15% of the total assistance provided.

It is anticipated that 1.5 million EUR will be spent on implementing TEMPUS in Croatia in 2000.

7.2 Itemised breakdown of costs

Financial aid available in the framework of TEMPUS may be broken down into three major categories:

- The Joint European Projects (JEPs):

Financial aid is granted for the development of Joint European Projects (JEPs) linking universities and/or undertakings in the central and eastern European countries, the new independent states or Mongolia with partners in the European Community. The JEPs must include at least one university in a beneficiary country and partners in at least two Member States of the European Community, one of which must be a university.

Funding may be granted for a large range of activities, inter alia:

i) cooperative education and training actions, notably the creation of new curricula, curricular development and overhaul, the development of universities' capacities to provide continuing education and retraining, the provision of short, intensive courses and the development of open and distance learning capability;

ii) measures for reform and development of higher education, and its capacities, notably via the restructuring of the management of higher education institutions and systems, the upgrading of facilities by acquiring the equipment necessary to implement a joint European project, and, where appropriate, the provision of technical and financial assistance to the responsible authorities;

iii) the promotion of cooperation between universities and the socio-economic players, including industry, in the form of cooperative actions;

iv) the development of student mobility and mobility of administrative/teaching staff in the framework of joint European projects;

v) activities to ensure the success of a JEP involving two or more partner countries.

The financial aid is granted in the form of an institutional grant to the consortium of organisations. Average aid granted is 450 000 EUR per project over a three-year period.

- Structural and/or complementary measures

Financial support may be granted to a certain number of measures with structural and/or complementary objectives (notably technical assistance, seminars and studies). These measures are designed to support the programme's overall objective, which is to help develop and restructure the higher education systems in the partner countries.

- Individual grants

The European Community will also provide support outside joint European projects for individual grants to teachers, trainers, university administrators, senior ministry officials, education planners and other training experts from partner countries or the Community for visits designed to promote the quality, development and restructuring of higher education in the partner countries.

- Technical assistance

Pursuant to the provisions of the Annex to the Council Decision, technical assistance will be provided to the Commission on a contractual basis for the operational aspects of implementing the programme.

7.3 Indicative breakdown of costs by action subcategory

The costs of the joint European projects (which represent approximately 92% of the total budget allocated to the TEMPUS actions) are broken down into two categories:

a) Costs of the structural measures represent on average 47% of the total cost. This includes:

- staff costs for project administration and development (the ceiling is fixed at 50% of the total amount of the action, to the amount of EUR 50 000 per year);

- equipment for the beneficiary countries;

- miscellaneous costs: missions, translations, publications, intensive courses, etc.;

- overheads: a ceiling of 10% of the total.

b) Mobility grants for teachers and students

On average, these grants represent 53% of the total cost. An estimated 85% of this amount is allocated to the beneficiaries of eligible countries for study or training periods in the Member States of the European Community.

7.4 Indicative plan of commitment/payment appropriations

>TABLE POSITION>

8. FRAUD PREVENTION MEASURES

Financial control: by the Commission's departments, in order to check that expenditure has been incurred in accordance with the rules and that the budget has been implemented.

Scientific and technical control: by the Commission's departments, acting on the opinion of the TEMPUS Programme Management Committee established by the Council Decision.

9. ELEMENTS OF COST-EFFECTIVENESS ANALYSIS

9.1 Specific objectives

The financial assistance provided under the programme can be broken down into three main categories (see also point 7.2):

Joint European projects:

- Joint teaching and training programmes, support for staff and student mobility and development of universities' capacities to mount cooperative actions linking the universities and/or undertakings of the beneficiary countries to equivalent partners in the countries of the European Community.

Structural measures

- Seminars, studies, technical assistance and grants in order to improve the ability to establish and achieve:

- strategic planning

- institutional development of higher education institutions at university or faculty level.

Individual grants

- Support for individual mobility of teachers, trainers, university administrators and other training experts. These visits may cover the following areas:

- the development of courses and teaching material;

- human resources development, notably in the form of periods of retraining and practical training in industry;

- teaching assignments;

- activities to support the development of higher education.

- Assistance to European associations for publications and other information activities, as well as surveys, analyses and monitoring.

9.2 Grounds for the operation

The programme is based on the concept of the provision of external assistance to the universities of the beneficiary countries by means of cooperation with suitable partner institutions in the European Union and beyond (G-24, Malta, Cyprus and the associated countries of central and eastern Europe). An intrinsic feature of this approach is that it establishes a parallel financial commitment on the part of the participating universities of the European Union, which would not be the case if the TEMPUS funds were directly invested in the beneficiary countries. In addition, the universities of the European Union provide all the contacts, experience and equipment needed to develop the teaching capacities of the universities in the beneficiary countries in accordance with their own respective academic plans.

Following a long period of separation from university life in the West, this cooperation programme designed to transform higher education is greatly prized by the beneficiary countries. They would be unable to afford such transformation measures themselves during the period covered by the programme.

9.2.1. Costs of the operation

a) National projects

The amount of funding allocated to TEMPUS, from Phare for the non-associated central and eastern European countries, and from Tacis for the new independent states and Mongolia, will be established every year by the beneficiary countries themselves in the overall framework of their budgetary resources.

b) Technical assistance for the Commission

The amount granted to the Commission for technical assistance will cover all operations involved in putting in place the TEMPUS III programme (publications, organisation of meetings, seminars, conferences, follow-up visits, monitoring, etc.).

9.2.2. Spin-off effects

The TEMPUS programme is essentially a measure to support the development of university education. However, the programme produces considerable spin-offs in other areas of university activity. Not only does research derive considerable benefit from TEMPUS, but there is also an impact on the development of new education structures and new systems of academic qualifications and recognition of qualifications.

The evaluation of the programme has also shown that it has considerable benefits for the institutions concerned in the Member States, in particular for the modernisation of their own curricula.

The great improvement in mutual understanding between the partner countries and the European Union constitutes a sound basis for new contacts and opportunities for cooperation, in particular in economic terms.

9.2.3. Multiplier effects

The TEMPUS budget can cover 100% of the cost of the projects involved. However, several factors have already helped to provide other sources of funding for the joint European projects, in particular:

- the fact that universities in the European Union do not, in many cases, apply for reimbursement of infrastructure costs or, in some cases, for reimbursement of all their staff costs;

- the high level of rejection caused by the lack of adequate funding has prompted universities to propose joint funding, which shows a high level of commitment on the part of the institutions involved;

- by definition, the participation of the G-24 countries outside the European Community generates new sources of funding, since these countries meet 100% of the costs resulting from their participation.

9.3 Monitoring and evaluating the operation

9.3.1. Selected performance indicators

The performance indicators used for evaluation purposes are the parameters used to define each joint European project (JEP). In addition, specific indicators are added in order to take account of the wide variety of conditions in which the JEPs are implemented in each partner country.

9.3.2 Details and frequency of planned evaluation

TEMPUS has been the subject of several evaluations:

- the interim report on TEMPUS I (based on an external evaluation) was distributed to the Community institutions in February 1993 (COM(93) 29 final);

- the final report on TEMPUS I, also based on an external evaluation, was distributed in September 1996 (COM(96) 428 final);

- the interim report on TEMPUS II, based for Phare on an external evaluation and for Tacis on research conducted by the Commission, was distributed in May 1996 (COM(96) 197 final).

- the interim report on TEMPUS II, distributed in July 1998 (COM(1998) 379 final).

Moreover, the monitoring of the programme is a wide-ranging, ongoing process comprising contractual reporting by contractors, on-site visits, and a number of talks and seminars dealing with particular aspects of the implementation of the TEMPUS programme.

Moreover, the monitoring of the programme is a wide-ranging, ongoing process comprising contractual reporting by contractors, on-site visits, and a number of talks and seminars dealing with particular aspects of the implementation of the TEMPUS programme.

10. ADMINISTRATIVE EXPENDITURE

This proposal does not affect the number of jobs already allocated to implementing the programme. The appropriations will be found from the existing EAC Directorate-General budget.