Proposal for a Council Decision concerning the conclusion of the Agreement between the European Community and the Government of Canada renewing a co-operation programme in higher education and training
Date: 2000-10-18
Institutions: European Commission
Subjects: Canada, accession to an agreement, cooperation agreement, higher education, vocational training

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Proposal for a Council Decision concerning the conclusion of the Agreement between the
European Community and the Government of Canada renewing a co-operation programme in
higher education and training

(2001/C 240 E/08)

COM(2000) 655 final (cid:151) 2000/0264(CNS)

(Submitted by the Commission on 18 October 2000)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 149 and 150
in conjunction with Article 300(3) first subparagraph thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas:

(1) By its Decision of 22 May 2000 the Council authorised the Commission to negotiate agreements for
cooperation in higher education and vocational training between the European Community, Canada
and the United States of America.

(2) The Community and Canada expect to obtain mutual benefit from such co-operation, which must, on
the Community’s side, be complementary to the bilateral programmes between the Member States and
Canada and provide a European added value.

(3) The Agreement between the European Community and the Government of Canada renewing a

co-operation programme in higher education and training should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement between the European Community and the Government of Canada renewing a
co-operation programme in higher education and training is hereby approved on behalf of the Community.

The text of the Agreement is attached to this Decision.

Article 2

The delegation of the European Community to the Joint Committee referred to in Article 6 of the
Agreement shall consist of a representative from the Commission assisted by a representative from each
Member State.

The President of the Council shall carry out the notifications provided for in Article 12 of the Agreement.

Article 3

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between the European Community and the Government of Canada renewing a cooperation
programme in higher education and training

AGREEMENT

THE EUROPEAN COMMUNITY,

of the one part, and

THE GOVERNMENT OF CANADA,

of the other part,

hereinafter collectively referred to as (cid:145)the Parties(cid:146),

NOTING that the Transatlantic Declaration adopted by the European Community and its Member States and
the Government of Canada on 22 November 1990 makes specific reference to strengthening mutual
cooperation in various fields which directly affect the present and future well-being of their citizens,
such as exchanges and joint projects in education and culture, including academic and youth exchanges;

NOTING that the Joint Declaration on EU-Canada Relations adopted on 17 December 1996 remarks that in
order to renew their ties based on shared cultures and values, the Parties will encourage contacts between
their citizens at every level, especially among their youth; and that the Joint Action Plan attached to the
Declaration encourages the Parties to further strengthen their cooperation through the Agreement on
Higher Education and Training;

CONSIDERING that the adoption and the implementation of the 1995 Agreement on Higher Education and
Training materialises the commitment of the Transatlantic Declaration and that the experience of its
implementation has been highly positive to both Parties;

ACKNOWLEDGING the crucial contribution of higher education and training to the development of human
resources capable of participating in the global knowledge-based economy;

RECOGNISING that cooperation in higher education and training should complement other relevant coop-
eration initiatives between the European Community and Canada;

ACKNOWLEDGING the importance of taking into account the work done in the field of higher education
and training by international organisations active in these fields such as the OECD, UNESCO and the
Council of Europe;

RECOGNISING that the Parties have a common interest in cooperation in higher education and training, as
part of the wider cooperation that exists between the European Community and Canada;

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

RECOGNISING the need to widen access to the activities supported under this Agreement, in particular
those activities in the training sector;

DESIRING to renew the basis for the continuing conduct of cooperative activities in higher education and
training,

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HAVE AGREED AS FOLLOWS:

Article 1

Purpose

This Agreement renews the Cooperation Programme in Higher
Education and Training between the European Community and
Canada, established in 1995.

Article 2

Definitions

For the purpose of this Agreement:

1.

2.

(cid:145)higher education institution(cid:146) means any establishment
according to the applicable laws or practices which offers
education level,
qualifications or diplomas
whatever such establishment may be called;

at higher

(cid:145)training institution(cid:146) means any type of public, semi-public
or private body, which, irrespective of the designation given
to it, in accordance with the applicable laws and practices,
designs or undertakes vocational education or
training,
further vocational training, refresher vocational training or
retraining contributing to qualifications recognised by the
competent authorities;

3.

(cid:145)students(cid:146) means all
those persons following learning or
training courses or programmes which are run by higher
education or training institutions as defined in this Article,
and which are recognised or financially supported by the
competent authorities.

Article 3

Objectives

The objectives of the Cooperation Programme shall be to:

1. Promote closer understanding between the peoples of the
including broader

European Community and Canada,
knowledge of their languages, cultures and institutions.

2. Improve the quality of human resource development

in
both the European Community and Canada, including the
acquisition of skills required to meet the challenges of the
global knowledge-based economy.

4. Improve the quality of Transatlantic student mobility by
promoting transparency, mutual
recognition of qualifi-
cations and periods of study and training, and where appro-
priate, portability of credits.

5. Encourage the exchange of expertise in e-learning and open
and distance education and their effective use by project
consortia to broaden Programme impact.

6. Form or enhance partnerships among higher education and
training institutions, professional associations, public auth-
orities, private sector and other associations as appropriate
in both the European Community and Canada.

a

7. Reinforce

European Community

a Canadian
value-added dimension to Transatlantic cooperation in
higher education and training.

and

8. Complement bilateral programmes between the Member
States of the European Community and Canada as well as
other European Community and Canadian programmes and
initiatives.

Article 4

Principles

Cooperation under this Agreement shall be conducted on the
basis of the following principles:

1. Full respect for the responsibilities of the Member States of
the European Community and the Provinces and Territories
of Canada and the autonomy of the higher education and
training institutions.

2. Overall balance of benefits
through this Agreement.

from activities undertaken

3. Effective provision of seed-funding for a diverse range of
that build new structures and links,
innovative projects,
that have a multiplying effect
through consistent and
effective dissemination of results, that are sustainable over
the longer term without on-going Cooperation Programme
support, and where student mobility is involved, provide
mutual recognition of periods of study and training and,
where appropriate, portability of credits.

3. Encourage an innovative and sustainable range of student-
centred higher education and training cooperative activities
between the different regions in the European Community
and in Canada that have a durable impact.

4. Broad participation across the different Member States of
the European Community and the Provinces and Territories
of Canada.

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5. Recognition of

the full cultural,
diversity of the European Community and Canada.

social and economic

6. Selection of projects on a competitive and transparent basis,

taking account of the foregoing principles.

Article 5

Programme actions

The Cooperation Programme shall be pursued by means of the
actions described in the Annex, which forms an integral part of
this Agreement.

Article 6

Joint Committee

A Joint Committee is hereby established. It shall comprise

1.
representatives of each Party.

2.

The functions of the Joint Committee shall be to:

(a) Review the co-operative activities envisaged under

this

agreement;

(b) Provide a report at least biennially to the Parties on the
status and effectiveness of co-operative activities

level,
undertaken under this Agreement.

Article 8

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 Canada.
Financing will be on the basis of an overall matching of
funds between the Parties.

2.
Each Party shall provide funds for the direct benefit of:
for the European Community; citizens of one of the European
Community Member States or persons recognised by a Member
State as having official status as permanent residents;
for
Canada; its own citizens and permanent residents as defined
in the Immigration Act.

3.
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 9

Entry of personnel

Each Party shall take all reasonable steps and 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
in
accordance with laws and regulations of each Party.

3.
The Joint Committee shall meet at least every second
year, with such meetings being held alternately in the
European Community and Canada. Other meetings may be
held as mutually determined.

Article 10

Other agreements

4. Minutes shall be agreed by those persons selected from
each side to jointly chair the meeting, and shall, together with
the biennial report, be made available to the joint Cooperation
Committee established under the 1976 Framework Agreement
for Commercial and Economic Cooperation between the
European Community and Canada and appropriate Ministers
of each Party.

This Agreement

1.
is without prejudice to cooperation
which may be taken pursuant to other agreements between
the Parties.

2.
This Agreement is without prejudice to existing or future
bilateral agreements between individual Member States of the
European Community and Canada in the fields covered herein.

Article 7

Monitoring and evaluation

The Cooperation Programme shall be monitored and evaluated
as appropriate on a cooperative basis. This shall permit, as
necessary, the reorientation of the Cooperation Programme in
the light of any needs or opportunities becoming apparent in
the course of its operation.

Article 11

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 Canada.

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Article 12

Final clauses

for the entry into force of the Agreement providing for the
amendment or extension in question have been fulfilled.

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. The
Agreement shall enter into force on the first day of the month
following the later notification.

This Agreement may be terminated at any time by either
4.
Party upon twelve months written notice. The expiration or
termination of this Agreement shall not affect the validity or
duration of any arrangements made under it or the obligations
established pursuant to the Annex to this Agreement.

2.
This Agreement shall be in force for a period of five
years, following which it may be renewed by agreement of
the Parties.

Article 13

Authentic texts

3.
This Agreement may be amended or extended by
agreement of the Parties. Amendments or extensions 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 legal requirements

This Agreement is drawn up in duplicate in the Danish, Dutch,
Italian, Portuguese,
English, Finnish, French, German, Greek,
Spanish and Swedish languages, each of
these texts being
equally authentic.

In witness whereof
Agreement.

the undersigned have

signed this

ANNEX

ACTION 1

Joint EC/Canada consortia projects

1. The Parties will provide support

to higher education institutions and training institutions which form joint
EC/Canada consortia for the purpose of undertaking joint projects in the area of higher education and training.
The European Community will provide support for the use of the European Community consortia partners, Canada
will provide support for Canadian consortia partners.

2. Each joint consortium must involve at least three active partners on each side from at least three different Member

States of the European Community and from at least two different provinces or Territories of Canada.

3. Each joint consortium should as a rule involve transatlantic mobility of students, with a goal of parity in the flows in

each direction, and foresee adequate language and cultural preparation.

4. Financial support may be awarded to joint consortia projects for innovative activities with objectives which can be
accomplished within a time-scale of up to a maximum of three years. Preparatory or project development activities
may be supported for a period of up to one year.

5. The eligible subject areas for joint EC/Canada consortia cooperation shall be agreed by the Joint Committee as

established by Article 6.

6. Activities eligible for support may include:

(cid:151) preparatory or project development activities;

(cid:151) development of organisational frameworks for student mobility,

including work placements, which provide

adequate language preparation and full recognition by the partner institutions;

(cid:151) structured exchanges of students, teachers, trainers, administrators, human resource managers, vocational training
programme planners and managers, trainers and occupational guidance specialists in either higher education
institutions or vocational training organisations;

(cid:151) joint development of

innovative curricula including the development of

teaching materials, methods and

modules;

(cid:151) joint development of new methodologies in higher education and training including the use of information and

communication technologies, e-learning, open and distance learning;

(cid:151) short intensive programmes of a minimum of three weeks;

(cid:151) teaching assignments forming an integral part of the curriculum in a partner institution;

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(cid:151) other innovative projects, which aim to improve the quality of transatlantic cooperation in higher education and

training and meet one or more of the objectives specified in Article 3 of this Agreement.

ACTION 2

Complementary activities

The Parties may support a limited number of complementary activities in accordance with the objectives of the
Agreement, including exchanges of experience or other forms of joint action in the fields of education and training.

PROGRAMME ADMINISTRATION

1. Each Party may provide financial support for the activities provided for under this Programme.

2. Administration of the Actions shall be implemented by the competent officials of each Party. These tasks will

comprise:

(cid:151) deciding the rules and procedures for the presentation of proposals including the preparation of a common set of

guidelines for applicants;

(cid:151) establishing the timetable for publication of calls for proposals, submission and selection of proposals;

(cid:151) providing information on the programme and its implementation;

(cid:151) appointing academic advisers and experts, including for independent appraisal of proposals;

(cid:151) recommending to the appropriate authorities of each Party which projects to finance;

(cid:151) financial management;

(cid:151) a co-operative approach to programme monitoring and evaluation.

TECHNICAL SUPPORT MEASURES

Under the Cooperation Programme,
funds will be made available for purchasing of services to ensure optimal
programme implementation; in particular the Parties may organise seminars, colloquia or other meetings of experts,
conduct evaluations, produce publications or disseminate programme-related information.