COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to the second subparagraph of Article 251 (2) of the EC Treaty concerning the COMMON POSITION OF THE COUNCIL RELATING TO THE PROPOSAL FOR A RECOMMENDATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL ON MOBILITY WITHIN THE COMMUNITY FOR STUDENTS, PERSONS UNDERGOING TRAINING, YOUNG VOLUNTEERS, TEACHERS AND TRAINERS

1. BACKGROUND

-Forwarding of the initial proposal: 21 January 2000 [1]

[1] COM (1999) 708 final, 21 January 2000.

-Opinion of the Economic and Social Committee: 27 April 2000 [2]

[2] CES 475/2000.

-Opinion of the Committee of the Regions: 15 June 2000 [3]

[3] CdR 20/2000 Rev.2 AM.

-Opinion of the European Parliament at first reading: 13 September 2000 [4]

[4] PE A-50255/2000 (COD), 5 October 2000.

-Forwarding of the amended proposal: 9 November 2000 [5]

[5] COM (2000) 723 final, 9 November 2000.

-Adoption of a political agreement with a view to a common position: 9 November 2000

-Date of adoption of the common position: 19.1.2001.

2. SUBJECT OF THE RECOMMENDATION

The proposal for a recommendation concerns the mobility of people undertaking a course of study, a period of training, voluntary work or work as a teacher or trainer in another Member State, whether under a Community programme or not. On the basis of Articles 149 and 150, it calls on the Member States to abolish the considerable obstacles which still exist, despite the acquis communautaire, in terms of freedom of movement.

3. COMMISSION'S COMMENTS ON THE COMMON POSITION

3.1 General

The Commission notes with satisfaction that the common position of the Council is broadly in line with its proposal and that the Council supports the central objective of the proposal, which is to ask the Member States to establish the necessary conditions for the development of mobility in the European Community for the purposes of education and training. The text constitutes an improvement over the Commission's initial proposal on several points, including access to mobility for everyone, better structured and more appropriate financial assistance arrangements for mobility, better recognition of the skills or knowledge acquired during periods of mobility, and broader and better targeted information on mobility opportunities. The Commission notes with satisfaction that the Council respects the general structure of the legal provision as a whole.

3.2 Consideration of the amendments put forward by Parliament at first reading

The Council's common position is based on the amended proposal adopted by the Commission following the opinion expressed by Parliament at first reading. The Commission notes with satisfaction that the common position largely takes into account the amendments put forward by Parliament and accepted by the Commission. The common position accepts -- either in part, in full or in spirit -- 34 of the amendments put forward by Parliament and accepted by the Commission, particularly with regard to:

-the nature of voluntary work;

-administrative, language and cultural, and financial obstacles;

-information and training with a view to mobility;

-the principle of non-discrimination in mobility;

-the use of more transparent models for vocational training certificates;

-organisational measures designed to facilitate teacher mobility.

The common position also partly accepts three Parliament amendments not accepted by the Commission relating to the follow-up to the recommendation, cooperation with the European Forum on the transparency of vocational qualifications, and the exchange of information (amendments 49, 50 and 51).

The Commission notes the constructive amendments introduced by the Council with a view to improving clarity or accuracy, particularly with regard to the situation of third-country nationals.

However, on a number of specific points, especially social security matters, which are central to the problem of obstacles to mobility, the Commission regrets that the Council's text is too abstruse. A more explicit wording would have been preferable. The purpose of Mrs Reding's statement was to emphasise the Commission's dissatisfaction on these specific points.

The Commission would have preferred the Council to accept the amendments put forward by Parliament and accepted by the Commission concerning the maintaining of social security and social protection rights (amendments 29, 30 and 31; 35, 36, 37 and 38).

Mrs Reding stated in the Council minutes that she would take note of the requests to the Commission regarding the follow-up to the recommendation, but on behalf of the Commission she reserved the right to act upon these requests in a manner consistent with the Commission's priorities and the available resources. Mrs Reding made the following statement: "The Commission notes the requests addressed to it with regard to the follow-up to this recommendation. It reserves the right to act with due regard to its priorities and available resources".

Finally, in conjunction with the Council, the Commission has drawn up a statement designed to meet the Council's concerns regarding social security and taxation measures, recognising the fact that these fields remain the responsibility of the Member States.

4. CONCLUSION

On the basis of this common position, the legislation procedure can now move ahead constructively with the second reading at the European Parliament. The Commission fully supports the Council's position, subject to reservations on the aspects referred to above. The Commission considers that there is a solid enough basis for a final decision to be taken.