Proposal for a Council Decision concerning the conclusion of an Agreement for cooperation in higher education and vocational education and training between the European Community and the United States of America (95/C 231/04) COM(95) 120 final - 95/0094(CNS)

(Submitted by the Commission on 1 June 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 subparagraph,

Having regard to the proposal of 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 the United States of America expect to obtain mutual benefit from such cooperation;

Whereas the Agreement on higher education and vocational education and training cooperation between the European Community and the United States of America should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement for cooperation in higher education and vocational training between the European Community and the United States of America is hereby approved on behalf of the Community. The texts 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 the United States of America establishing a cooperation programme in higher education and vocational education and training

THE EUROPEAN COMMUNITY,

of the one part and

THE UNITED STATES OF AMERICA

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 the United States of America in 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 vocational education and training, as part of the wider cooperation that exists between them;

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

CONSIDERING the positive experience which has been gained on both sides during the exploratory phase of cooperation in higher education and vocational education and training;

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

HAVE AGREED AS FOLLOWS:

Article 1

Purpose

This Agreement establishes a cooperation programme in higher education and vocational education and training (hereinafter referred to as 'the Programme`) between the European Community and the United States of America.

Article 2

Objectives

The objectives of the Programme shall be to:

1. promote mutual understanding between the peoples of the European Community and the United States of America including broader knowledge of their languages, cultures and institutions;

2. improve the quality of human resource development in both the European Community and the United States of America;

3. stimulate student-centred cooperation in higher and vocational education and training between the different regions in the European Community and in the United States of America;

4. improve the quality of transatlantic student mobility including the promotion of mutual understanding, recognition and thus portability of academic credits;

5. encourage the exchange of expertise in new developments in higher education and vocational education and training;

6. promote partnerships among higher education and vocational education and training institutions, professional associations, public authorities, business and other associations as appropriate in both the European Community and the United States of America;

7. introduce a European Community and a United States dimension to transatlantic cooperation in higher education and vocational education and training;

8. complement bilateral programmes between the Member States of the European Community and the United States of America as well as other European Community and United States programmes and initiatives in higher education and vocational education and training.

Article 3

Principles

Cooperation under this Agreement shall be guided by the following principles:

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

2. mutual benefit from activities undertaken through the Agreement;

3. effective provision of seed-funding for a diverse range of innovative projects which build new structures and links and are sustainable over the longer term with minimal or no on-going support from the Parties;

4. representation of the full geographic, cultural and social diversity of the European Community and the United States of America;

5. selection of projects on a competitive basis, taking account of the foregoing principles.

Article 4

Scope

Activities under this Agreement, which are detailed in the Annex, an integral part of this Agreement, may include the following.

1. joint projects carried out by consortia of institutions in the European Community together with consortia of insitutions in the United States of America. These consortia may consist of higher education and vocational education and training institutions and other appropriate organizations. These consortia will be responsive to the need for structural cooperation between staff and teachers as well as a broadening and enhancement of student exchanges between the Parties;

2. exchanges of information and expertise in the area of vocational education and training and higher education to enhance the dialogue between the European Community and the United States of America;

3. provision of scholarships under the Fulbright Programme to European Community and United States citizens for the study of, and research and lecturing on European Community Affairs and EC/US relations;

4. complementary measures including technical support.

Article 5

Joint Committee

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

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

(a) review the cooperative activities envisaged under this Agreement;

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

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

4. Decisions of the Joint Committee shall be reached by consensus. Minutes, comprising a record of the decisions and principal points discussed, shall be taken at each meeting. These 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 appropriate Minister-level officials of each Party.

Article 6

Monitoring and evaluation

Activities under the Programme shall be monitored and evaluated as appropriate. This shall permit, as necessary, the reorientation of activities 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 the United States of America. Financing will be to the extent possible on the basis of an overall matching of funds between the Parties. The Parties shall attempt to offer Programme activities of comparable benefit and scope.

2. 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 ot the Joint Committee, shall be met by the host Party.

Article 8

Entry of personnel

Each Party shall 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

This Agreement shall not replace or otherwise affect other activities undertaken in the fields covered between any Member State of the European Community and the United States of America.

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 the United States of America.

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. The Agreement shall remain in force for five years and may be extended by mutual agreement. Amendments or extension 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 requirements for the entry into force of the agreement providing for the amendment or extension in question have been fulfilled.

3. This Agreement may be terminated at any time by either Party by 12 months' written notice. The expiration or termination of this Agreement shall not affect the validity or duration of any arrangements made under it.

Article 12

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, being duly authorized, have signed the present Agreement.

ANNEX

Action 1 JOINT EC/US CONSORTIA PROJECTS

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

2. Each joint consortium must have an absolute minimum of three active partners on each side; these must include at least two partner higher education or training institutions on each side in different Member States of the European Community and different States of the United States of America. The third and subsequent partners may be other education and training institutions or other relevant organizations (e.g., businesses, NGOs, chambers of commerce, research institutes) in the same or other Member States or States of the United States of America. In exceptional circumstances, in the case of the United States of America, two of the institutional partners may be autonomous campuses of a large state university with a third institutional partner from another State of the United States of America. Each joint consortium must involve, with only rare exceptions, transatlantic student mobility, with a goal of parity in the flows in each direction. The Parties agree to help support the costs of this study abroad with modest mobility stipends.

3. The structural cooperative activities of a consortium will be supported by seed funding for a period not normally to exceed three years.

4. Appropriate authorities on each side will mutually agree upon the eligible subject areas for joint EC/US consortia.

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,

- structured exchanges of students, teachers, trainers and administrators in higher education institutions and vocational education and training establishments,

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

- short intensive programmes of at least three weeks duration,

- 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 vocational education and training and meet at least one of the objectives specified in Article 2 of this Agreement.

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

7. Administration of the joint projects 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,

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

- financial management,

- Programme monitoring.

Action 2 COMPLEMENTARY ACTIVITIES

The Parties may undertake the following complementary activities:

1. exchanges of information about vocational education and training and higher education including, where appropriate, conferences on issues of common interest;

2. provision of Fulbright scholarships for the study of, and research and lecturing on, European Community affairs and EC/US relations;

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

4. provision of technical assistance to support the Programme.