Opinion of the Economic and Social Committee on 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'
Date: 2000-04-27
Institutions: European Economic and Social Committee
Subjects: EU Member State, free movement of persons, labour mobility, student mobility, teacher

16.6.2000

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Official Journal of the European Communities

C 168/25

3.10. Article 18

Amend to read as follows:

implementation by the Member States are meeting the objec-
tives of the European Refugee Fund.’

‘3.
The Commission shall submit to the European Parlia-
ment and the Council the annual reports of the Member States
and, by 31 December 2002 at the latest, a mid-term report
and, by 1 June 2005 at the latest, a final report.

The Commission shall also submit an appraisal to the European
Parliament and the Council, by 31 March 2001, indicating the
extent to which the new operating procedures and their

3.11. Article 19

Add the following at the end of this article:

‘Non-governmental organisations, refugee organisations and
the social partners shall be involved in the work of this
committee, as observers. Insofar as the ESC cannot be rep-
resented on the committee for reasons of comitology, it shall
be consulted by this committee.’

Brussels, 27 April 2000.

The President

of the Economic and Social Committee

Beatrice RANGONI MACHIAVELLI

Opinion of the Economic and Social Committee on 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’

(2000/C 168/08)

On 29 February 2000, the Council decided to consult the Economic and Social Committee, under Articles
149 and 150 of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for Social, Family, Educational and Cultural Affairs, which was responsible for preparing the
Committee’s work on the subject, adopted its opinion on 11 April. The rapporteur was Mrs Hornung-
Draus.

At its 372nd plenary session (meeting of 27 April 2000) the Economic and Social Committee adopted
the following opinion with 111 votes in favour and five abstentions.

1.

Introduction

1.1.
European citizenship means that under Article 18 of
the EC Treaty, every national of a Member State has the right
to move and reside freely in all the Member States. Nonetheless,
this fundamental right of the individual is restricted by a series
of disadvantages and difficulties which hamper the mobility of
people seeking access to training and education beyond the
borders of their home countries.

1.2.
Freedom of movement applies to employees and self-
employed workers and therefore also to teachers and trainers.
this freedom must also apply to those people
However,
wishing to start or continue studies or training, or undertake
voluntary work — not necessarily for professional purposes

— outside their own country and within the EU. If they decide
to go to another EU country, whether this is in the context of
a Community programme or not, the Community as a whole
should make an effort to remove all administrative obstacles
which might lie in their way.

The ESC therefore wholeheartedly welcomes the objectives of
this recommendation. It sends out the right signals to the
people of Europe at a time when enlargement of the European
Union is about to take place and when the EU — as decided at
the special summit meeting in Lisbon (1) — is preparing itself
for the transition to the information and knowledge society so
as to be able to cope with the demands of the globalisation of
the economy.

(1) OJ C 117 of 26.4.2000.

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1.3.
The promotion of transnational mobility plays a key
role in steps to create a European knowledge society. Virtually
unimpeded mobility is a prerequisite for achieving European
integration — a Citizens’ Europe — and for strengthening
international competitiveness. Moreover, the teaching of ‘Euro-
pean skills’ increasingly constitutes a key criterion for the
quality and attractiveness of vocational and general education.
‘European’ qualifications — such as language skills, knowledge
about the various political, legal, social and economic systems
in Europe and an understanding of the way of life of European
neighbours — must be encouraged more by those responsible
for education in the EU. National education systems must gear
themselves to European developments and requirements; they
need to be ‘Europe-minded’, that is open and transparent in
the interests of all citizens.

Another key element

1.4.
for achieving mobility is a
comprehensive information policy pursued in an active, even
proactive fashion, by the European Commission and the
Member States: people who are prepared to be mobile often
experience difficulties in finding out what opportunities exist
for making a stay abroad part of
their vocational and
continuing training. Without widely available, focused and
comprehensible information for schools, technical colleges,
job centres, universities and other educational institutions as
well as firms, mobility will remain the privilege of those
individuals whose teachers or trainers are especially commit-
ted. In this connection, the ESC proposes that some thought
be given in the medium term to the extent to which it would
be viable to re-introduce targeted, individual grants for people
willing to be mobile, such as already exists in research.
Here the experiences of previous generations of European
educational programmes are valuable, such as the Petra and
the Lingua programmes, where such individual grants were
available and widely taken up.

1.5.
Knowledge of foreign languages is also of considerable
importance for the employability of workers and the competi-
tiveness of firms, as well as for the European economy as a
whole. More mobility in Europe would also extend the
opportunities for the people of Europe to learn more foreign
languages. At the same time however, it is precisely a lack of
knowledge of foreign languages which constitutes a major
obstacle to mobility. For this reason, the ESC welcomes the
Commission initiative in declaring the year 2001 the European
Year of Languages. One of the stated aims is to give as many
people as possible an understanding of the advantages of
knowing foreign languages. In addition to the personal devel-
opment and understanding of other cultures that this would
bring, the importance of languages for an individual’s employa-
bility will be highlighted; this can be boosted by a period of
training or further training abroad.

2. The recommendation

The recommendation is subdivided into general rec-
2.1.
ommendations for all categories of people and specific rec-
ommendations for students, persons undergoing training,
young volunteers, teachers and trainers.

2.2.
Experience in the Community’s Petra, Comett, Leonar-
do Da Vinci and Socrates training programmes and in the
ESF Community initiatives on human resources,
led the
Commission as early as 1996 to submit its Green Paper
the obstacles to
on Education — Training — Research:
transnational mobility. In this Green Paper the Commission
emphasizes that the different circumstances of students, per-
sons undergoing training, young volunteers, teachers and
trainers in the various Member States, particularly as regards
industrial law, social security law and tax law, does hamper
their mobility. This document provides the basis for the
recommendation now being put forward by the Commission,
which, in contrast to the Green Paper, has left out the whole
issue of the research sector and focuses on general and
vocational education and training.

3. Comments

3.1. General comments

3.1.1.
The recommendation proposes that Member States
show themselves ready to eliminate those obstacles to mobility
which persist despite the acquis communautaire stipulating
freedom of movement
for students, persons undergoing
training, young volunteers, teachers and trainers.

In addition, measures should be adopted ensuring
3.1.2.
that third country nationals who are legally and permanently
resident in the Community benefit from the provisions of the
acquis communautaire relating to freedom of movement
and equality of treatment and from the provisions of the
recommendation. Member States should agree to treat perma-
nently resident third country nationals in the same way as
Community nationals when they are undertaking studies, a
period of training, voluntary work or providing teaching or
training within the framework of a Community programme.

The Economic and Social Committee very much welcomes the
fact that the recommendation is strongly geared to tackling
third country problems. Especially in the run-up to enlarge-
ment and against the background of the current intergovern-
mental conference, this sends out a positive signal to candidate
countries. In order to build up a smoothly operating, expanded
Union, the citizens of the candidate countries must also have
the opportunity to experience the European Union. This can
be achieved right now as part of the pre-accession strategy for
the candidate countries on the basis of the Europe agreements
which have been concluded with them. In particular, more use
should be made of the Cedefop study visit programme as part
of the Leonardo programme, in order to build up and promote
contact and cooperation with candidates for EU membership.

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3.1.3.
In addition, Member States should do their utmost
to integrate and promote transnational mobility in their
national policies for the benefit of those people covered by the
recommendation. In doing so, it is particularly important for
experience gained to date in transnational cooperation in the
EU programmes to be turned to good use: there is no sense in
continually reinventing the wheel and continually coming up
against the same problems.

3.1.4.
The ESC feels, however, that the Commission pro-
posal does not adequately reflect the scope of this recommen-
dation. At issue is not only the recognition of experience
abroad during education and training, but also quite basic
matters concerning, for example, right of residence, social
security schemes, labour law, social security law, and tax law.
The many problems of detail, the varying circumstances and
the fact that the EU does not have overall responsibility, in tax
policy for example, means that
there can be no short-
term piecemeal solutions for removing existing obstacles to
mobility. Only recently did the ESC look at precisely this issue
of modernising social protection; it set out its stance in an
opinion on this subject.

The present draft recommendation addresses a broad
3.1.5.
range of people, which is essentially to be welcomed. However,
it should be borne in mind that within the individual categories
of people referred to, there are considerable differences which
really need to be approached in different ways. It is therefore a
pity that no tailor-made proposals have been made for each
target group, going into these issues in greater depth. This
mishmash of different specific problems means that
the
proposed recommendation is very abstract. In this respect, the
ESC fears that the recommendation can scarcely have any
effect in the short-term, since the obstacles to mobility it aims
to deal with have too many different causes. The fact that the
research sector has not been covered at all is deplored by the
ESC. It calls on the Commission to present a similar proposal
in the near future for research in Europe, particularly since
mobility in this sector is already much further advanced and
benefit should be gained from experience in this area.

3.1.6.
The ESC would be pleased if the recommendation, in
the medium term, led to a situation where the subject of
student mobility was gradually taken up in all the relevant
European policy areas (mobility mainstreaming); this would be
a major step towards a European education area.

teaching or training in another Member State, regardless of
whether this is in the context of the Community programme
or not.

3.2.1.2.
The obstacles which these people come up against
are not always financial in nature. In addition to administrative
obstacles, there are often language and cultural barriers which
prevent people from travelling beyond the borders of their
own country. The ESC therefore advocates stepping up the
promotion of foreign language teaching. This must be extended
both at school — and here it would be sensible to include
primary schools and kindergartens — and in vocational
training. The European Year of Languages planned for the year
2001 provides an excellent opportunity for promoting pilot
projects in this area. The promotion of intercultural skills is
also a key factor in promoting mobility: the more people learn
about other cultures, the greater their interest in getting to
know them. Specific support should be given to mobility in
innovative sectors; this could lead to healthy competition
between systems and in the long term, could open up a whole
range of European educational and training opportunities for
the individual.

it

in the course of a person’s career,

3.2.1.3.
The ease with which knowledge and qualifications
obtained abroad can be used in one’s home country is a key
factor. In order to ensure that genuine additional qualifications
can be obtained in the course of a stay abroad which will pay
is important
off
to promote transparency between the different educational
systems in the EU. To this end, the High Level Panel on free
movement of persons (chaired by Mrs Veil) proposed the
setting up of a forum or observatory to learn from national
expertise with a view to monitoring changes in qualifications
and diplomas facilitating the dissemination of information
and preparing standards promoting transparency and mutual
recognition. For higher education, considerable progress has
for vocational training, a major step
already been made;
forward has been achieved with the introduction of
the
‘Europass-Training’ scheme. The ESC calls for implementation
of the findings and proposals currently being developed by the
Commission, Cedefop and national education experts in
the European Forum on the transparency of professional
qualifications. For future progress, transparency and cohesion
are needed, together with respect for national and professional
diversities. Indeed the scale of progress towards transparency
of the different education and training systems will dictate the
speed of progress, where it is possible, towards recognition of
diplomas and other qualifications. Achievement of this final
stage would remove a significant obstacle to the free movement
of EU citizens.

3.2. Specific comments

3.2.1. G e n e r a l r e c o m m e n d a t i o n s

3.2.1.1.
The ESC particularly supports the recommendation
that Member States take all appropriate measures to encourage
the mobility of people who wish to undertake a course of
studies, a period of training, a voluntary activity or provide

3.2.1.4.
The call on Member States to take appropriate
measures so that persons targeted by this recommendation
can benefit from all the advantages given to nationals of the
host country undertaking the same activity is fundamentally
justified. However, this needs to be worded more clearly. On
no account should it be interpreted to imply a general
commitment on the part of the Member States to provide
special social benefits. This concerns in particular such assist-
ance as housing benefit which in most Member States is

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awarded only to a small number of applicants after an in-depth
examination of their financial situation. The recommendation
probably refers to reductions given to students and trainees in
view of their particular status; proof thereof is usually provided
by a student or pupil ID card. The ESC proposes that a
uniform, pan-European EU school or student ID card be
introduced to this end, which any student or trainee working
abroad in Europe can apply for. This would be an effective,
transparent
involving any bureaucratic
expense.

instrument not

Steps to encourage the involvement of third coun-
3.2.1.5.
try nationals with permanent residence in the EU in exchanges
under European Community programmes is a key element in
securing equal opportunities to citizens in the EU. Citizens of
third countries who are legally resident in an EU country are
usually subject to additional difficulties which add to existing
obstacles to mobility. Consequently the ESC supports measures
these citizens, particularly
to promote the integration of
against
the fight against racism and
xenophobia in the EU.

the background of

3.2.1.6.
It is a moot point as to how realistic it is at the
moment to adopt more far reaching measures in the Member
States to enable third country nationals to obtain full equality
of treatment with regard to the acquis communautaire on
freedom of movement. In many cases this will clash with
existing national rules on citizens from third counties.

3.2.2. M e a s u r e s w h i c h s p e c i f i c a l l y c o n c e r n

s t u d e n t s

3.2.2.1.
The ESC welcomes the fact that the recommen-
dation makes reference to the existing European Credit Trans-
fer System (ECTS) and advocates its widespread use. This is
indeed a system which operates extremely well and which is
suited to securing the transparency of curricula. Recognition
of academic experience is guaranteed by means of a contract
drawn up in advance between the student and the home and
host establishments.

3.2.2.2.
In any case the ESC believes that it should be made
clear that the enforceability called for here can only be confined
to compliance with a contract concluded between a student
and his/her educational establishment. It should not be possible
to interpret it in such a way that the participation of an
educational establishment in the ECTS is axiomatic and can be
enforced in law,
for that would endanger the continued
existence of this smoothly functioning, voluntary system.

3.2.2.3.
The ESC feels that two aspects should be taken into
account as regards the transfer and payment of grants: on the
one hand banks must guarantee that grants are transferred and
paid out on time. Particularly in the Erasmus Programme,
national coordination bodies constantly reported cases of
students having to take out overdrafts because of accounting
problems. Such obstacles to mobility are quite simply to be
avoided, and the ESC calls on the institutions responsible to
solve such difficulties in a non-bureaucratic manner and in the
interests of the students. In this connection the ESC would

draw attention to another requirement: students ought to have
the option of using the grants which have been allocated in
their home country for studies abroad (as long as this grant has
not been awarded for studying at a specific college/university or
for any other specific purpose). If there are better education
options for studying a specific subject in another Member
State rather than at home, then students on a grant should
have the same opportunities in their search for the best possible
course as students who finance their studies themselves.

3.2.3. M e a s u r e s w h i c h s p e c i f i c a l l y c o n c e r n

p e r s o n s u n d e r g o i n g t r a i n i n g

3.2.3.1.
The ESC is strongly in favour of widespread use of
the Europass training document to promote European path-
ways in work-linked training, including apprenticeship. This
Europass applies not only to completed training but also
covers further education measures and individual training
pathways undertaken abroad. The ESC welcomes the fact that,
with Europass, vocational training now also has an instrument
with which persons undergoing training can prove their
transnational qualifications. Member States are called upon to
ensure that
is also used widely. Students
undergoing practical training related to their studies in another
European country should also be able to use the Europass.

this document

3.2.3.2.
In this connection the ESC welcomes the current
Commission initiative to draw up — jointly with vocational
training bodies and within the framework of a ‘European
forum on the transparency of professional qualifications’ —
proposals for improving mutual understanding of the diverse
qualification systems in Europe. The ESC particularly calls on
Member States to take these proposals into account as far as
possible at national level.

3.2.3.3.
The ESC supports the proposal that unemployed
people attending training in another Member State should
continue to receive the unemployment benefit which they
were receiving in their home country, with account being
taken of the rules applying in each individual Member State.
The employment services in the Member States should more
actively support unemployed people who are able and willing
to take part in training or further education courses abroad for
a fixed period of time. If the employment authorities are to
positively assess cross border training schemes, such schemes
must be subject to the same conditions, including the mainten-
ance of unemployment benefits, as national training schemes;
this is necessary in order to preserve their quality and to avoid
abuse. An option of this kind for training abroad should be
seen as a factor for promoting integration into the labour
market and it could indeed open up new prospects for this
group of people, which they might not have had in their home
country. This might also enable them to learn a foreign
language, which would be an important additional qualifi-
cation.

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3.2.3.4.
The ESC particularly welcomes the call for people
who go abroad in Europe for training purposes to be given the
same residence status as students. This will enhance the status
of vocational training and ensure that it receives due respect
throughout Europe. If it is the intention to work towards
equality of treatment with students, then steps should be taken
to ensure that, just as students have to be registered at a
university, people undergoing training have to be linked to an
institution. Even if only to prevent abuse of such a rule, the
ESC deems it absolutely necessary to clarify this point.

3.2.4. M e a s u r e s w h i c h s p e c i f i c a l l y c o n c e r n

y o u n g v o l u n t e e r s

3.2.4.1.
The ESC supports the Commission’s programme
for young volunteers. It can make a major contribution to
intercultural understanding. Young people who are still in
their formative years are thus offered the opportunity to
acquire ‘European skills’ as part of a non-profitmaking activity
in another European country — skills which may be of benefit
to them in their future career. Apart from learning a foreign
language, these include key skills, such as how to cope with a
foreign culture, the strengthening of trainee’s social skills and
the widening of their personal horizons. Experiences with the
Commission programme to date indicate that almost all
found their overseas experiences extremely
participants
enriching for their further training and careers.

3.2.4.2.
In order to open this programme up to a wider
range of participants, volunteers must however, in addition to
an appropriate allowance which at least covers living costs,
also be provided with adequate social welfare and sickness
insurance cover, not only during their stay abroad, but also
when they return to their country of origin.

3.2.5. M e a s u r e s w h i c h s p e c i f i c a l l y c o n c e r n

t e a c h e r s a n d t r a i n e r s

The ESC welcomes the fact

teachers and
3.2.5.1.
trainers have been explicitly included in the recommendation.
Periods spent abroad in further education or teaching not only
have a positive impact on a person’s qualifications, but are

that

Brussels, 27 April 2000.

beneficial for teaching itself. The recommendations to Member
States as to how to structure academic calendars and the call
to introduce European sabbatical periods are essentially worthy
of consideration.

3.2.5.2.
The ESC, however, strongly underlines that the
European Commission can here provide food for thought, but
in the end it must always be left up to the individual educational
institutions as to how they handle these suggestions and
how they work out their academic calendars in line with their
needs. The proposal on European sabbatical periods should be
implemented in a flexible way, taking into account the needs
of individuals and of educational establishments.

3.2.5.3. Moreover, the call to reward mobile teachers by
means of career promotion is over simplified and one-sided. It
is indeed the case that in many cases periods spent teaching
abroad can even have a negative effect on a person’s career;
steps should of course be taken to counteract this. However,
mobility is not an end in itself, nor a factor to be considered in
isolation; it can be one positive criterion in career development.
Here the ESC would advocate taking more appropriate account
of a person’s willingness to be more mobile in their job.

3.2.6. R e p o r t i n g o b l i g a t i o n

3.2.6.1.
In this process a strong commitment of European,
national, regional and local institutions will be required. An
involvement of the social partners will improve the possibilities
of making real progress. The group of experts should include
representatives of the social partners at the European level.
Steps to eliminate obstacles to mobility constitute a long-term
process and their success will not necessarily be measurable by
a rapid succession of reports from Member States and the
Commission. The ESC therefore proposes that consideration
be given to mandatory reports only every three years. The
Commission’s report should be based on the contributions
from the Member States and evaluate the achievements in the
area of freedom of movement. This evaluation should, as
appropriate, serve as a point of departure for new proposals
from the Commission in order to encourage Member States to
continue their efforts towards the elimination of all obstacles
to mobility.

The President

of the Economic and Social Committee

Beatrice RANGONI MACHIAVELLI