Keywords

Summary



Keywords

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1. EEC Treaty - Article 235 - Scope

2. Social policy - Common vocational training policy - Adoption by the Council of legal measures providing for Community action and imposing obligations of cooperation on the Member States - Legal basis - Article 128 of the Treaty

(EEC Treaty, Art. 128)

3. Measures adopted by the Community institutions - Drafting procedure - Legislative measures and budgetary measures - Subject to different procedural requirements

4. Social policy - Common vocational training policy - Adoption by the Council of the second phase of the programme on cooperation between universities and industry regarding training in the field of technology (Comett II) - Account taken by the programme of the requirements of consistency and complementarity with Community measures in the area of scientific research - No bearing on the reference to Article 128 of the Treaty as the sole legal basis

(EEC Treaty, Art. 128; Council Decision 89/27)

5. Social policy - Common vocational training policy - Vocational training - Concept - Continuing training - Included

(EEC Treaty, Art. 128)

Summary

1. It follows from the very wording of Article 235 of the Treaty that its use as the legal basis for a measure is justified only where no other provision of the Treaty gives the Community institutions the necessary power to adopt the measure in question.

2. Article 128 of the Treaty must be interpreted as conferring on the Council the power to adopt legal measures which provide for Community action in the sphere of vocational training and impose corresponding obligations of cooperation on the Member States.

3. Under the scheme of the Treaty, the conditions under which legislative powers and budgetary powers are exercised are not the same. Consequently, the requirements of the budgetary procedure laid down for making available the appropriations needed for the implementation of a legislative measure cannot have any implications regarding the procedural requirements for the adoption of the measure in question.

4. The programme on cooperation between universities and industry regarding training in the field of technology ("Comett II" - second phase) seeks to ensure intra-Community cooperation between universities and industry regarding initial and continuing training in technology, in particular advanced technology, the development of highly skilled human resources and hence the competitiveness of European industry. From this it follows that the programme at issue is directed at vocational training and is founded, so far as its legal basis is concerned, on Article 128 of the Treaty alone. This conclusion is not undermined by the fact that such vocational training is envisaged as a means of facilitating both the exploitation of the results of scientific research and technological development within the Community, even though it has had the result of imposing an obligation on the Commission to ensure that the programme is consistent with other Community research and development projects. Nor is it undermined by the fact that the activities covered by the grants allocated to promote transnational exchanges, which are expressly singled out as training activities, may have a connection, even a close one, with scientific research and technological development.

5. According to its wording, Article 128 is directed at a common vocational training policy and does not draw any distinction between initial training and continuing training. Consequently, the latter type of training cannot be excluded from the concept of vocational training without restricting that concept in an arbitrary manner.