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
Date: 1995-04-12
Institutions: European Commission
Subjects: United States, cooperation agreement (EU), higher education, ratification of an agreement, vocational education, vocational training

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

Brussels,  12.04  1995 
COM(95)  120  final 

95/0094  (CNS) 

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 

(presented  by  the  Commission) 

EXPLANATORY  MEMORANDUM 

I. 

1. 

INTRODUCTION 

Over  the  last  few  years,  developments  within  the  European  Community  and  on  the 
international  stage  have  fundamentally  altered  transatlantic  relations  and  perceptions 
of  these  relationships.  The  Transatlantic  Declarations,  agreed  in  1990,  gave  a  first 
expression  to  a new  sense  of  partnership  between  the  European  Community  on  the  one 
hand  and  respectively,  Canada  and  the  United  States  of  America  on  the  other  in  in 
confronting  issues of  common  interest  and  concern.  Since then,  a number  of  high-level 
bilateral  consultations  have  taken  place  with  Canada  and  the  United  States,  whilst  the 
negotiations  between  the  European  Community  and  the  United  States  as  well  as 
Canada  played  a major  role  in  the  successful  conclusion  of  the  GATT  Uruguay  round. 

The  United  States  of  America  recognises  the  importance  and  the  considerable 
advantages  it  derives  from  trading  with  the  European  Community,  the  world's  largest 
trade  block.  The  European  Community  is  the  partner  with  which  the  United  States 
records  its  highest  trade  surplus.  Both  partners  are  major  sources  of  direct  investment, 
both  industrial  and  financial,  undertaken  in  each  other.  Both  share  many  common 
cultural  traditions  and  the  commitment  to  open  democratic  government. 

The  European  Community  has  a  clear  interest  in  promoting  a  deeper  knowledge  and 
understanding  within  the  United  States of the new  realities  of  European  Union  and  vice 
versa.  At  the  bilateral  level,  those  Member  States  which  have  developed  a  tradition 
of  transatlantic  academic  cooperation  acknowledge  that  it  provides  a  powerful  means 
of  increasing  mutual  knowledge  and  understanding. 

In  addition,  the  achievements  of  the  European  Community  programmes  concerning 
higher  education  and  training  have  been  widely  acknowledged  These  Community 
initiatives  are  instrumental  in  the  development  of  intensified  learning  which  includes 
academic,  cultural  and  practical  experience,  of  using  the  diversity  of  systems  for  better 
qualified  and  flexible  manpower,  of  facilitating  curriculum  development,  transfer  of 
teaching  experience  and  the  creation  of  international  education  and  training  networks. 

Stemming  from  the  successes  of  these  European  Community  programmes,  there  has 
been  a  rapidly  growing  interest  on  both  sides  of  the  Atlantic  in  developing  cooperative 
activities  along  the  lines  of  the  intra-European  networks.  Bilateral  arrangements 
continue  to  play  an  important  role  in  promoting  transatlantic  teacher  and  student 
mobility  in  particular  However,  the  unique  features  of  network  cooperation  are  seen 
to  offer  particular  strengths  in  facilitating  innovative  types  of  academic  cooperation 
which  are  not  provided  within  bilateral  programmes.  Structured  cooperation  projects 
involving  consortia  groupings  on  the  two  sides  of  the  Atlantic  can  provide  valuable 
inputs  to  intra-European  activities  whilst,  at  the  same  time,  providing  an  genuinely 
European  dimension  for  the  United  States  partners. 
Innovative  E C US  consortia 
arrangements  can  bring  mutual  gains  to  the  quality  and  breadth  of  the  study 
programmes  offered  by  partner  institutions  and  can  develop  models  of  good  practice 
or  wider  use. 

6. 

The  present  recommendation  for  a Council  Decision  gives  concrete  expression  to  the 
intentions  set  out  in  the  Transatlantic  Declaration  regarding  the  strengthening  of 
cooperative  activities  in  education  and  training  with  the  United  States  of  America. 
Moreover,  it  strictly  adheres  to  the  guidelines  prescribed  for  such  cooperation  by  the 
Council.  Finally,  it responds to the wishes expressed  by the European  Parliament  that 
the  Community  should  develop  educational  cooperation  with  third  countries.  This 
background  is  set  out  in  more  detail  in  the  following  section. 

II.  BACKGROUND 

1. 

In  November  1990,  a  Transatlantic  Declaration  was  adopted  by  the  European 
Community  and  its  Member  States  and  the  United  States  of  America.  A  section 
devoted  to  education,  scientific  and  cultural  cooperation  stated: 

"The partnership  beween  the European  Community  and  its Member  States  on  the one 
hand,  and  the  United  States  on  the  other,  will  be  based  on  continuous  efforts  to 
strengthen  mutual  cooperation  in  various  (...)  fields  which  directly  affect  the  present 
and future  well-being  of their  citizens, such  as exchanges  and joint projects  in  science 
and  technology,  including,  inter  alia,  research  in  medicine,  environment  protection, 
pollution  prevention,  energy, space, high-energy  physics, and the safety  of nuclear  and 
other  installations,  as well  as  in  education  and  culture,  including  academic  and  youth 
exchanges." 

2. 

3. 

4 

In May  1992, the Commission  presented  a Communication  (SEC  92  1023 final)  to the 
Council  of  Ministers 
the  development  of 
EC/US  cooperation  in the  fields  of  educaion  and  training.  In  response,  at the  meeting 
in  November  1992, the  Council  and  the  Ministers  expressed  their  readiness  to  assist 
the Commision in the consideration  of future  action and indicated  certain criteria which 
such  action  should  fulfill 

regarding  possible  avenues 

for 

Suitable  cooperative  activities  should: 

take  into  account  existing  bilateral  programmes; 

be  closely  tied  to  Community  policies  and  programmes; 

bring  balanced  benefits  to  both  EC  and  US  sides; 

make  the  most  effective  use  of  resources; 

provide  a specific  European  added  value 

The Council  invited the Commission  as soon as possible to enter into this  consideration 
with  a view  to  preparing  a draft  agreement  with  the  United  States 

The  European  Parliament  has  also  played  an  active  and  encouraging  role  in  this  area. 
In  1993, it  produced  a report  and  passed  a  resolution  calling  for  the  establishment  of 
cooperation  with  Third  countries  in  education  and  culture.  In  addition,  its  decisions 
as  a  budgetary  authority  have  enabled  the  Commission  to  explore  possibilities  for 
development  of  cooperative  activities  with  third  countries. 

5. 

6. 

7. 

8. 

In  1993, the  Commission  initiated  an  exploratory  phase  of  cooperation  within  which 
higher  education  institutions  on  both  sides  of  the  Atlantic  were  invited  to  submit 
proposals  for joint  EC/US  consortia  activities  to  be  undertaken  over  a two-year  period. 
The  aim  of  this  exercise  was  to  examine  the  range  of  proposed  activities  in  order  to 
identify  particular  types  of  EC/US  cooperation  groupings  and  activities  which  could 
meet  the  criteria  set  out  by  the  Council. 

Drawing  on  the  positive  experience  of  this  exploratory  phase,  in  November  1994,  the 
Commission  was  authorized  by  Council  to  negotiate  cooperation  agreements  with  both 
Canada  and  the  United  States  of  America  establishing  programmes  of  cooperation  in 
higher  education  and  vocational  training  (Council  Decision  of  21.11.94). 

The  United  States  negotiations  resulted  in  the  attached  draft  Agreement  which  adheres 
to  the  negotiating  directives  given  by  the  Council. 

The  agreements  legal  bases  are  Articles  126,  127  and  228  of  the  Treaty  of  European 
Union. 

III.  DESCRIPTION  OF  THE  COOPERATION  PROGRAMME 

1. 

The  Programme  is  specifically  designed  to  encompass  both  higher  education  and 
vocational  training  and  to  encourage,  where  appropriate,  interaction  between  the  two. 
training 
Interactions  are  also  encouraged  between  higher  education 
organisations  and  the  workplace. 

institutions, 

2. 

The  following  categories  of  activities  are  provided  for: 

(1 )  Joint  projects  carried  out  by  EC/US  consortia.  These  can  be  composed  of  higher 
education  institutions,  vocational  training  establishments  or  a  mixture  of  the  two. 
The  consortia  are  encouraged 
to  include  other  relevant  actors  as  affiliated 
members.  In  order  to  maximize  the  advantages  of  multi-lateral  arrangements,  a 
minimum  number  of  three  partners  is  required  on  each  side,  two  of  which  must 
be  in  different  Community  Member  States  and  States  of  the  United  States 
of  America. 

(2)  Complementary  measures  including,  notably,  exchanges  of  experience  in  the  area 
of  higher  education  and  training  to  enhance  the  dialogue  between  the  European 
Community  and  the  United  States  of  America. 

IV.  COMPLEMENTARITY  AND  SUBSIDIARITY 

I 

With  the  growth  of  Community  programmes,  universities  have  begun  to  appreciate  the 
advantages  of  networks.  These  form  a  flexible  and  responsive  framework  for  the 
development  of  cooperative  activities, enabling  expertise  and  facilities  to be pooled  and 
constituting  a forum  for  the  exchange  of  experience,  information  and  the  resolution  of 
problems  The  main  objective  of  the  joint  consortia  projects  is  to  build  bridges  for 
Transatlantic  cooperation  activities  which  can  subsequently  be  implemented  without 
the  need  for  continuing  Community  financial  support. 

The  joint  consortia  build  on  and  enhance 
intra-Community  policies  and 
programmes.  In  many  subject  areas, the activities  of  existing  Community  networks  can 
be  enhanced  by  the  input  of  US  experience  which  enriches  the  study  programmes  of 
all  the  students  concerned. 

the 

Partner  institutions  in  European  networks  without  transatlantic  contacts,  particularly 
smaller  insitutions  in  peripheral  regions  of  the  Community  can  gain  entrée  and  be 
introduced  through  their  more  experienced  partners'  transatlantic  links.  The  spirit  of 
cohesion  and  solidarity  promoted  within  the  European  networks  is  further  enhanced 
through  their  acting  together  in  transatlantic  cooperation.  The  promotion  of  linguistic 
diversity  is  pursued  through  the  active  encouragement  of  linguistic  preparation  for 
American  teachers  and  students  which  enables  them  to  be  fully  integrated  into  the 
study  programmes  of  their  European  host  institutions. 

The  European  institutions  acting  together  as  a  group  in  joint  consortia  activities  is  in 
itself  a  concrete  expression  of  the  European  dimension'.  Through  this  European 
network  arrangement,  the  American  students  and  staff,  will  work  and  study  with  a 
mixed  group  of  Europeans,  bringing  together  varied  national  perspectives  into  a 
European  context. 
In  addition,  the  European  dimension  will  be  promoted  by  the 
academics  specialising  in  European  Community  issues  who  will  be  sponsored  within 
the  framework  of  the  Fulbright  Programme. 

The  joint  consortia  are  a  cost-effective  means  of  developing  transatlantic  cooperation. 
Especially  for  smaller  European  higher  education  institutions,  which  could  not  afford 
to  set  up  transatlantic  activities  on  a  bilateral  basis,  cooperating  within  a  network 
provides  economies  of  scale.  Good  relations  have  already  been  formed  in  the  intra-
European  partnerships  set  up  with  Community  financial  support  and  these  provide  an 
economical  springboard  for  transatlantic  activities. 
For  example,  the  trust  and 
confidence  built  up by  Community  networks,  means that partner  institutions  are  willing 
to  act  on  each-others  behalf  at  meetings  or  for  student  monitoring  purposes. 
Furthermore,  the  joint  consortia  projects  are  aimed  not  only  at  establishing  links 
between  the  partners  directly  involved  but  in  producing  results  and  products  which  can 
be  more  widely  used.  There  is  good  potential  for  multiplier  effects,  for  example,  in 
addressing  such  problems  as  transatlantic  academic  recognition  or  provision  of 
adequate  language  training  in  the  less-used  Community  languages.  The joint  consortia 
are  encouraged  to  involve  other  establishments  and  organisations  in  their  activities  as 
associate,  non-funded  partners. 

The  Agreement  provides  for  an  annual  report  to  be  made  available  to  the  bilateral 
Ministerial  meetings  between  the  European  Community  and  the  United  States  of 
America  and  appropriate  Ministers  of  each  Party.  In  the  case  of  the  Community,  the 
latter  would  be  the  Education  Council. 

V. 

CONCLUSIONS 

1. 

2. 

This  Explanatory  Memorandum  accompanies  the  Commission  proposal  for  a  Council 
Decision  concerning  the  conclusion  of  a Cooperation  Agreement  for  higher  education 
and  vocational  training  cooperation  with  the  United  States  of  America  in  the 
framework  of  the  Transatlantic  Declaration  and  on  the  legal  bases  provided  by  the 
provisions  of  the  Treaty  of  European  Union  and  following  the  Mandate  given  by  the 
Council  Decision  of  21  November  1994. 

The Commission  believes that these  small-scale  activities fulfill  the  criteria  set out by 
the  Council  of  Ministers  and  respond  to  the  resolution  of  the  European  Parliament. 
The  activities  fully  respect  the  bilateral  activities  of  the  Member  States,  whilst 
providing  a  flexible  and  dynamic  means  of  enhancing  transatlatlantic  cooperation 
between  the  European  Community  and  the  United  States  in  the  area  of  higher 
education  and  training. 

3. 

In  the  light  of  the  above  mentioned  considerations  the  Commission  proposes  that  the 
Council  adopt  the  attached  proposal  for  a  Decision. 

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 

THK  COUNCIL  OF  THK  EUROPEAN  UNION, 

Having 
Articles  126,  127,  228(2)  first  sentence  and  228(3)  first  subparagraph, 

regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 

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

HAS  DECIDED  AS  FOLLOWS 

A r t i c l e! 

The  Agi cement  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. 

Th?  President  of  the  Council  shall  carry  out  the  notifications  provided  for  in  Article  1  I 

Article.! 

Done  at  Brussels, 

For  the  Council 
The  President 

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 

Attic le  2 
Objectives 

The  objectives  of  the  Programme  shall  be  to: 

I 

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. 

3. 

4. 

5. 

6. 

7. 

8. 

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

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; 

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

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

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; 

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

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. 

2. 

3. 

4. 

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; 

mutual  benefit  from  activities  undertaken  through  the  Agreement; 

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; 

representation  of 
European  Community  and  the  United  States  of  America, 

the  full  geographic,  cultural  and  social  diversity  of 

the 

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. 

2. 

3. 

joint  projects  carried  out  by  consortia  of  institutions  in  the  European  Community 
together  with consortia of institutions in the United  States of America. These  consortia 
may  consist  of higher  education  and vocational  education  and training  institutions  and 
other  appropriate  organisations.  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; 

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; 

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. 
representatives  of  each  Party. 

It  shall  comprise  an  equal  number  of 

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 

4. 

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. 

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. 

2. 

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. 

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 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. 

3. 

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. 

This  Agreement  may  be  terminated  at  any  time  by  either  Party  by  twelve  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. 

Done  at  Brussels, 

FOR  THE  EUROPEAN  COMMUNITY 

FOR  THE  GOVERNMENT  OF  THE 
UNITED  STATES  OF  AMERICA 

12 

ANNEX 

Action  1 

Joint  EC/US  Consortia  projects 

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. 

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  organisations  (eg;  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. 

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

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

Activities  eligible  for  support  may  include: 

development  of  organisational  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, 

13 

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. 

7. 

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. 

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 

Tin11'  Parties  mav  undertake  the  following  complementary  activities: 

! 

2 

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

Provision  of  Fulbnght  scholarships  for  the  study  of,  and  research  and  lecturing  on. 
European  Community  affairs  and  EC/US  relations; 

I  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; 

! 

Provision  of  technical  assistance  to  support  the  Programme. 

14 

COOPERATION  WITH THE UNITED  STATES 
TRANSATLANTIC EDUCATION  COOPERATION" 

FINANCIAL  STATEMENT 

TITLE 

Conclusion  of  an  Agreement  for  Cooperation,  between  the  European  Community  and 
the  United  States,  in  higher  education  and  vocational  training. 

2, 

BUDGETARY  HEADING 

B3-1007  -  Cooperation  with  Third  Countries. 

-*> 

LEGAL  BASIS 

Articles  126,  127  and  228  of  the  Treaty  of  European  Union 

Transatlantic  Declaration  issued  in the context of  European  Political  Cooperation,  agreed 
by  the  Community  (Italian)  Presidency  and  Foreign  Ministers  and  the  US  Secretary  of 
Slate  in  November  i0t>(),  following  endorsement  at  the  European  Council  in  June  1990 
in  Dublin. 

Mandate to negotiate  Cooperation  Agreements  with  both  Canada  and  the  US  establishing 
Programmes  of  Cooperation  in  higher  education  and  vocational  training. 
Co-.ind!  Decision  of  21  I 1 94 

L 

INSCRIPTION  OF  THE  ACTION 

-i  :  General  objective  of  the  action 

"1 he  objective  is  to  promote  innovative  actions  in  the  area  of  education  and  training 
which  promote  qualitative  improvements  by  building  on  the  different  relative  strengths 
of  all  participants  to  their  mutual  benefit. 

The  activities  are  carried  out  in the  context  of the  political,  economic,  social  and  cultural 
relations  between  the  EU  and  the  US,  now  one  of  the  two  largest  trading  blocks  in  the 
world  given  the  US  and  Canada  cooperation  within  the  NAFTA.  EU  and  US  are  each 
others'  major  trading  partners  with  trade  roughly  in  balance  and  where  each  side  have 
levels  of  direct  investment  many  times higher  than  that  from  all  other  countries  together 
The  EU  and  the  US  were  major  contributors  to  the  successful  conclusion  of  the  GATT 
agreement  of  1994. 

\5 

Following  the  principles  of  trade  liberalisation  to  which  both  parties  subscribe,  the 
globalisation  of  production  patterns  and  the  accelerating  pace  of  technology  diffusion, 
all  partners  and  young  people  in  particular,  can  benefit  in  terms  of  career  prospects, 
from  qualitative  improvements  in  curricula,  especially  in  interdisciplinary  studies, 
participating  in  the  same  classes  and  learning  in  the  same  language  as  the  students  of 
the  host  country,  exchanges  of  teaching  staff  and  of  policy-makers  in  the  area  of 
vocational  training. 

Actually  living  in  another  country, in the case of  student mobility,  especially  when  this 
involves another  language  and culture, is an ideal  means of  spreading  understanding  of 
other cultures and building up experience of dealing with  the people of the host country 
which  could prove  of  considerable value in securing  employment  and  enhancing  career 
prospects in the home country  later. There is a recognised need for greater  understanding 
of  the  European  Union  by  American  youth  and  opinion  formers,  particularly  of  non 
English-speaking  and  non  French-speaking  Member  States  and  including  those  with 
lesser-spoken  languages. 

By  structuring  actions  on  a  consortium  basis,  building  on  the  experience  of  existing 
Community  Programmes, education  and training  institutions  in the regions which have, 
in the past, found  such  transatlantic  cooperation  too costly  in terms of money  and time, 
have  a  chance  to  participate. 

Different  relative strengths in the various stages of successfully  transferring  of  scientific 
laboratory  to  the  market  place  provides  an  opportunity  for  the 
advances  from 
participants  to  regain  some  of  their  lost  international  competitiveness  in  the  area  of 
world  trade  in  high  technology. 

Exchanges  of  information  and  experiences,  particularly  in  the  area  of  skills  and 
qualifications,  can  help  to  ease  the  transition  from  school  and  university  to  the  world 
of  gainful  employment  among  all  partners. 

4.2.  Duration  of  the  action 

The Declaration  does not specify  an expiry  date. Five year  action programme (1995-99). 
Individual  consortia  projects  subject  to  3 year  limit. 

5.  CLASSIFICATION  OF  EXPENDITURE OR REVENUE 

5.1.  Non-compulsory  expenditure. 
5.2.  Differentiated  appropriations. 

16 

6-  NATURE OF THE EXPENDITURE 

6.1.  100 %  in  the  case of  studies  and  publications. 
6.2.  Topping  up  grants  to  students  and  academic  staff  to  cover  part  of  transport  and 
accommodation  costs. Co-financing  with the US Department  of Education  cost of joint 
consortia.  Co-financing  with  USIA  (funding  agency  for  Fulbright  Commission  in  the 
US)  of  European  dimension  of  Fulbright  programme. 

6.3.  Daily  allowance  for  experts  and  members  of  independent  academic  assessment  board 

attending  relevant  meetings. 

7. 

FINANCIAL IMPACT 

7.1.  Method  of  calculating  total  of  action  set out  in  the annex  to the proposal  for  a Council 

Decision. 

7.2.  Indicative  itemised  breakdown  of  cost  of  action. 

Breakdown  of  costs  of  actions 

ECU  ooo  current 

UNITED 
STATES 

1995 

1996 

1997 

199 H 

1999 

TOTAL 

A etion  I 

1  000 

1  000 

1  100 

1  200 

1  250 

5  550 

A ction  2 

100 

200 

200 

200 

250 

950 

TOTAL 

1  too 

1  200 

1  300 

1  400 

1  500 

6  500 

Action  1 : joint  projects carried out by EC/US consortia 
Action  2 : complementary measures 

17 

7.3. 

Indicative  schedule  of  appropriations 

7.3.1. 

Echéancier des  appropriations  - ECU  '000  current 

1995 

1996 

1997 

1998 

1999 
+ 

TOTAL 

1 100 

1 200 

1 300 

1 400 

1 500 

6 500 

Crédits 
d'enga 
gement 

Crédits  de 

paiement 

1995 

880 

1996 

220 

960 

880 

1 180 

1 280 

1997 

199H 

1999 f 

240 

1 040 

260 

l 120 

1 380 

280 

1 500 

1 780 

TOTAL 

1 100 

1 200 

1 300 

1 400 

l 500 

6 500 

8. 

PREVENTION  OF  FRAUD 

All  contracts,  agreements  and  legal  undertakings  by  the  Commission  make  provision  for 
the  possibility  of  spot  checks  by  the  Commission  and  by  the  Court  of  Auditors.  Among 
other  things  beneficiaries  of  actions  are  obliged  to  provide  reports  and  financial 
statements  on  the  content  and  the  eligibility  of  expenditure,  in  accord  with  the  aim  of 
Community  financing 

9.  ELEMENTS  OF COST-  EFFECTIVENESS  ANALYSIS 

9.1.  Specific  and  quantifiable  objectives  : target  population. 

The  aim  of  the  proposed  programme  is  to  add  an  extra  dimension  to  existing 
programmes  by  generating  value  added  and  contributing  to  the  enhanced  quality  of 
education  and  training  through  contact  with  external  structures  which  have  a  different 
range  of  strength  than  those  in  Europe. 

The programme is designed to create the maximum  degree of synergy between  systems, 
such  as joint  cooperation  on both  sides using the ECTS  as a model, building on  relative 
strengths  of  consortium  members  in  multidisciplinary  curriculum  development,  and 
providing  a vehicle for  transatlantic  cooperation  for  regional  institutions  in Europe  who 
could  not  hitherto  afford  such  activities. 

Since financial  support in the case of the consortia should  be for  a maximum  of  3 years 
duration  the  multiplier  effects  should  be  substantial  as the  EU will  restrict  itself  to  the 
provision  of  seed  money.  Their  projects  will  be  selected  with  a view  to  their  viability 
with  alternative  funding  subsequent  years.  Thus  the  main  rôle  of  EU  is  to  act  as  a 
catalyst  rather  than  a long-term  source  of  on-going  finance. 

The  Programme  involves  2 actions : 

1.  Joint  projects  carried  out  by  EC/US  consortia.  These  can  be  composed  of  higher 
education  institutions,  vocational  training  establishments  or  a  mixture  of  the  two. 
The  consortia  are encouraged  to include other  relevant  actors  as affiliated  members. 
In  order  to  maximize  the  advantages  of  multi-lateral  arrangements,  a  minimum 
number  of  three  participants  is  required  on  each  side,  two  of  which  must  be  in 
different  Community  Member  States  or  US  States. 

2.  Complementary  measures  including, notably,  exchanges of  experience  in the  area of 
higher  education  and  training  to  enhance  the  dialogue  between  the  European 
Community  and  the  US. 

Targei audience 

This  will  include  (I)  policy-makers  m  the  area  of  education  and  training,  including 
public  officials,  representatives  of  the  social  partners;  (n)  higher  education  institutions 
including  staff  and,  with 
training 
establishments,  including  ongoing  lifelong  learning  establishments,  staff  and  indirectly 
through  projects,  students; (iv)  industry  and  R+D establishments  where these  are  linked 
to  projects  led  by  an  education  or  training  partner. 

the  framework  of  projects,  students;  (iii) 

9.2. 

Justification  for  the  action 

The  Union's  role  in  education  and  training  is  to  act  as  a  catalyst,  exploiting  the 
Community  dimension,  in  order  to  promote  innovation  and  improve  quality.  The 
decision  to  cooperate  in  education  with  the  US  derives,  in  the  first  place, from  the 
decision  of  the  European  Community  and  its  Member  States  in  1990  and  the 
proposed  action  has been  designed  based  mainly  on the  experience  gained  from  the 
exploratory  phase  undertaken  in  1993  following  the  guidelines  of  the  Council  of 
December  1992. It is therefore  designed  as a positive  sum  strategy  between  partners 
of a roughly  equal level of development, but with complementary  strengths, to ensure 
a net  benefit  for  all. 

The European  Parliament has also played  an active and encouraging  role in this area. 
In  1993, it produced  a report  and passed  a resolution  calling for  the establishment  of 
cooperation  with  Third  Countries  in  education  and  culture. In  addition,  its  decisions 
as  a  budgetary  authority  have  enabled  the  Commission  to  explore  possibilities  for 
development  of  cooperative  activities  with  Third  Countries. 

The Commission was authorized by the Council to negotiate Cooperation  Agreements 
with  both  Canada  and  the  United  States  of  America  establishing  Programmes  of 
Cooperation  in  higher  education  and  vocational  training  (Council  Decision  of 
21.11.94). 

The  actions  have  been  designed  to  respect  subsidiarity,  e.g.,  the  consortia  group 
partners  in  a number  of  member  States  and  do  not  duplicate  the  bilateral  exchange 
programmes.  There  are  considerable  economies  of  scale  to  be  reaped  using  this 
formula  based  as  they  are  on  the  synergies  of  established  and  newly-created 
networks. 

The  actions  should  build  on  existing  actions,  without  diminishing  them  in  any  way, 
while  adding  an  extra  dimension  to these  programmes. 

No  other  similar  actions  are  undertaken  at  Community  level.  By  providing  seed 
money  for  2  to  3  years  projects  only  the  programme  will  build  bridges  and 
infrastructure  that  will,  in  most  cases,  continue  to  be  active  thereafter  but  financed 
from  alternative  sources.  Long term  dependency  will  not be encouraged  while  long-
term  independent  sustainability  will be a criterion  of selection.  In the case of opening 
up  the  European  Credit  Transfer  System  to  a grouping  which  includes  a  European 
nucleus  active  in  the  system,  for  example,  other  outer  ring universities  and  faculties 
can  later  join  in  the  system  established  by  the  central  nucleus. 

20 

9  3. 

Monitoring  and  evaluation  of  the  action 

9.3.1. 

Performance  indicators  selected 

The  main  indicators  of  successful  performance  of  such  diverse  and  individually 
innovative  activities  is  based  on  the  personal  judgement  and  the  experience  of  the 
responsible  project  officers  with  collaborative  projects.  But  these  mainly  subjective 
criteria,  are  supplemented  by  such  objective,  quantitative  indicators  as  : 

*  number  of  faculty  and  students  involved,  numbers  of  participants; 

*  range  of  achievements  offered  by  institutions  (academic  recognition,  curriculum 
intensive  programmes,  ECTS,  training  materials,  new  training 

development, 
technologies  developed,  language  preparation); 

* 

the  number  of  faculties  in  regional  institutions  who  become  involved  in  such 
cooperation  for  the  first  time;  the  number  of  links  established  with  industry 

In  regards  to  the  relationship  between  impact  and  stated  objectives  these  have  to  be 
considered  at  both  the  diplomatic  as  well  as  the  pedagogic  level  indicated  above. 

It  is logical  to  believe  that  the  introduction  of  a formal  programme  which  uses  a  low 
level  of  funding  to  maximum  effect,  including  publication  of  results,  would  greatly 
enhance  relations  and  demonstrate  the  willingness  of  the  EU 
the 
commitment  given  in  the  Transatlantic  Declaration. 

to  respect 

The  Programme  actions  should  be  subject  to  continual  review  and  supervision  by  the 
project  officials  responsible.  An  annual  progress  report  should  be  sent  to the  Council. 

9 4 

Cp^herejic.e_wjjh_finjançia),  pjogramming 

-  DG  yes,  included  in  actions  "Education  and  training" 

-  More  general  objective  of  the  DG 

:  Education  and  training 

10. 

ADMINISTRATIVE  EXPENSES  : 

N.A. 

21 

ISSN 0254-1475 

COM(95) 120 final 

ïN 

04  11  16 

Catalogue number  :  CB-CO-95-167-EN-C 

ISBN 92-77-87994-7 

Office  for Official  Publications  of the European  Communities 

L-2985  Luxembourg