Amended 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 (presented by the Commission pursuant to Article 250(2) of the EC Treaty)
Date: 2000-11-09
Institutions: European Commission
Subjects: equal treatment, free movement of persons, student mobility, vocational training

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 09.11.2000
COM(2000) 723 final

2000/0021 (COD)

Amended 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

(presented by the Commission pursuant
to Article 250 (2) of the EC Treaty)

EXPLANATORY MEMORANDUM

1.

a)

b)

c)

d)

e)

f)

g)

h)

BACKGROUND DETAILS

On 21 January 2000, the Commission forwarded to the European Parliament and to
the Council
its proposal for a decision (COM (1999) 708 – C5-0052/2000 –
2000/0021 (COD)).

On 27 April 2000 the Economic and Social Committee delivered a favourable
opinion.

On 15 June 2000 the Committee of the Regions delivered a favourable opinion.

On 31 June Mr R. EVANS, the rapporteur, submitted his first draft report.

On 24 May, the Committee on Employment and Social Affairs delivered its opinion.

On 11 July, the Committee on Petitions delivered its opinion.

On 13 September, the draft report was voted in the Committee on Culture.

On 5 October, the European Parliament adopted at its first reading a favourable
resolution comprising 56 amendments to the Commission proposal.

2.

AIM OF THE PROPOSAL

In the context of completing the internal market and therefore an area without frontiers,
mobility for these categories of people becomes an increasingly important dimension of the
assertion of the European citizenship, as well as an instrument of intercultural and social
integration. Since the adoption of Community programmes such as Socrates, Leonardo and
Youth for Europe, other programmes have been added,
including European Voluntary
Service, and these programmes have enabled thousands of Europeans to live in another
country of the Community to pursue training, do teaching work or do a spell of voluntary
service.

On the basis of Articles 149 and 150 of the Treaty,
recommendation are:

the aims of this proposal for a

–

–

to get the Member States to abolish the considerable obstacles which still exist,
despite the acquis communautaire, in terms of freedom of movement for students,
persons undergoing training, young volunteers, teachers and trainers;

to call on the Member States to introduce strategies to incorporate the aspect of
transnational mobility into their national policies which apply to the categories of
people concerned by this Recommendation, in order to promote transitional mobility.

2

3.

COMMISSION OPINION ON THE AMENDMENTS PROPOSED BY THE
EUROPEAN PARLIAMENT

3.1.

1
AMENDMENTS ACCEPTED B THE COMMISSION

A number of amendments have been adopted without change by the Commission. These are
amendments 4 (addition of the first proposals from the European Forum for the transparency
of qualifications), 5 (clarification of the nature of the transnational voluntary activities), 11
(reference to the conclusions of the Lisbon European Council), 12 (correction of the reference
to the Tampere conclusions and reference to the Commission initiative on the right of entry
and stay of third country nationals for the purposes of study and vocational training), 16 to 18
(specification of the measures designed to reduce the language and cultural obstacles, to
facilitate the funding of mobility and the promotion of a European qualifications area), 25 to
28 (details concerning students and people in training under mobility arrangements: making it
easier to prove health care cover, integrating the student undertaking mobility, recognition of
training, more transparent formats for vocational training certificates), 30 (unemployment
benefits maintained during the training period), 31 (waiting period for unemployment
benefits), 33 to 38 (details on measures targeting volunteers), 40 (tax and social security
system for teachers), 41 (facilitating the mobility of teachers), 44 (recognition of the value of
mobility), 53 (definition of short
term mobility), 54 (definition of volunteer) and 55
(definition of trainers) designed to clarify the terms of the proposed Recommendation or to
strengthen the Commission's proposal. These amendments are in line with the Commission's
own approach in the matters concerned.

Other amendments have been accepted subject to reformulation. These are amendments 7 and
9 (recognition that obstacles exist and that there is a need for Community action to promote
mobility), 13 (addition of a reference to raising awareness in the applicant countries), 20
(principle of non-discrimination), 22 (abolition of fees for issuing or renewing residence
permits), 23 (intercultural preparation for mobility), 29 (maintenance of health care), 32
(proof of sufficient resources), 43 (European dimension of the educational environment), 52
(raising awareness in the applicant countries).

Lastly, the Commission has accepted in part the following amendments: 6 (acceptance of the
reference to the right of residence as an obstacle to mobility; rejection of the reference to
research workers), 10 (acceptance of the explicit reference to the most disadvantaged and the
most vulnerable groups; rejection of the reference to the disabled), 15 (acceptance of the
reference to legal and administrative obstacles; rejection of the reference to research workers),
19 (acceptance of the information measures proposed; rejection of the reference to research
workers), 21 (acceptance of an approach to third countries targeting the nationals of non-EU
countries taking part in a Community programme; rejection of the reference to research
workers), 24 (acceptance of the replacement of the word "ensure" by the word "facilitate";
rejection of the rest).

1

In view of the high number and the wide range of content covered by the amendments, it is not possible
to group them into categories. It was therefore decided to respect the order in which the amendments
were presented in the GAP (Parliamentary Affairs Group) fiche.

3

3.2.

AMENDMENTS NOT ACCEPTED BY THE COMMISSION

The amendments referring to research workers cannot be accepted on account of the legal
basis. The needs of this specific group will be the subject of a specific document as part of the
follow-up to the Communication on the "European research area". The amendments
concerned are: 1, 2, 3, 6 (in part), 13 (in part), 14, 15 (in part), 19 (in part), 21 (in part), 39, 42
(in part), 45, 52 (in part), 56.

As for amendment 8, it is pointed out that the Heads of State and Government acknowledged
in the conclusions of the special Lisbon European Council the importance of mobility in
education and training, and that the Member States were urged therein to take the necessary
steps to encourage mobility.

Amendments 46 to 51 - which call on the Commission and the Member States to ensure that
the recommendation is followed up – have not been accepted following a decision by the
Commission on 4 October on the resources needed to implement new responsibilities. The
concerns expressed in these amendments will be taken into account as part of the new open
method of coordination advocated by the Lisbon European Council.

4

2000/0021 (COD)

Amended 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

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles
149(4) and 150(4) thereof;

Having regard to the proposal from the Commission1,

Having regard to the opinion of the Economic and Social Committee2,

Having regard to the opinion of the Committee of the Regions3,

Acting in accordance with the procedure referred to in Article 251 of the Treaty;

Whereas:

(1)

(2)

(3)

1

2

3

4

5

The transnational mobility of people contributes to enriching different national
cultures and enables those concerned to enhance their own cultural knowledge and
European society as a whole to benefit from these effects. Such experience is proving
to be increasingly necessary with the current limited employment prospects and with
an employment market which requires more flexibility and an ability to adapt to
change.

Mobility for students, persons undergoing training, young volunteers, teachers and
trainers – whether in the context of a Community programme or not – is an integral
part of freedom of movement for people. This is one of the fundamental freedoms
to move and reside freely is moreover
protected by the EC Treaty. The right
recognised for any citizen of the Union by Article 18 of the EC Treaty4.

Council Directive 68/360/EEC of 15 October 1968 on the abolition of restrictions on
movement and residence within the Community for workers of Member States and
their families5, as last amended by the Act of Accession of Austria, Finland and
Sweden, recognises the right of residence for workers and their families. Council

OJ C 708 of 21.1.2000
OJ C 168 of 16.6.2000, p.25.
OJ L 17 of COR 20/2000.
See document entitled "Community law applicable to mobility within the Community for students,
persons undergoing training, young volunteers, teachers and trainers".
OJ L 257 of 19.10.1968, p. 13.

5

Directive 93/96/EEC of 29 October 1993 on the right of residence for students6,
obliges Member States to recognise the right of residence for any student who is a
national of another Member State and who has been accepted on a vocational training
course, and for the student's spouse and their dependent children who do not enjoy this
right under other provisions of Community law. Furthermore, Council Directive
90/364/EEC of 28 June 1990 on the right of residence7 recognises the right of
residence more generally, in certain conditions, for European citizens.

Mobility for students, persons undergoing training, young volunteers, teachers and
trainers is also an integral part of the principle of non-discrimination on the grounds of
nationality as provided for in Article 12 of the EC Treaty. That principle applies to the
areas covered by the Treaty, as the Court of Justice has ruled on several occasions. It
therefore applies to the fields of education, training and youth referred to in Articles
149 and 150 of the EC Treaty;

Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social
security schemes to employed persons, to self-employed persons and to members of
their families moving within the Community8, as last amended by Regulation (EC)
No 1399/19999 has in part become applicable to students.

Council Regulation (EEC) No 1612/68 of 15 October 1968 on freedom of movement
for workers within the Community10, as last amended by Regulation (EEC)
No 2434/9211, provides for equality of treatment as regards to access to education and
vocational training for workers and their families who have exercised their right to
freedom of movement.

The recognition of professional qualifications for entering and exercising regulated
professions, such as teaching, is governed in the Community by the general system
established by Council Directives 89/48/EEC12 and 92/51/EEC13, as last amended by
Commission Directive 97/38/EC14.

The Council Resolution of 3 December 1992 on the transparency of professional
qualifications15, and the Council Resolution of 15 July 1996 on the transparency of
vocational training certificates16, called on the Commission and the Member States to
take steps to "improve mutual understanding of the diverse qualifications systems of
Member States and of the qualifications themselves", by making them clearer and
more readable, and therefore more transparent. A European Forum on the transparency
of vocational qualifications has been created to make concrete proposals for
implementing those resolutions. The first proposals were submitted in February
2000.

OJ L 317 of 18.12.1993, p. 59.
OJ L 180 of 13.7.1990, p. 26.
OJ L 149 of 5.7.1971, p. 2. Updated version giving in the annex to Regulation (EC) No 118/97, OJ L 28
of 30.1.1997, p. 4.
OJ L 164 of 30.6.1999, p. 1.
OJ L 257 of 19.10.1968, p. 2.
OJ L 245 of 26.8.1992, p.1.
OJ L 19 of 24.1.1989, p.16.
OJ L 209 of 24.7.1992, p.25.
OJ L 184 of 12.7.1997, p.31.
OJ C 49 of 19.2.1993, p.1.
OJ C 224 of 1.8.1996, p.7.

6

(4)

(5)

(6)

(7)

(8)

6

7

8

9

10

11

12

13

14

15

16

(9)

Involvement in transnational voluntary activities helps to shape people's future
careers, develop their social skills and smooth their integration into society,
thereby fostering the development of an active citizenship.

(10)(9) Furthermore, the Member States have invited the Commission to study the feasibility
of introducing, on a voluntary basis, a European administrative annex to the diploma
in order to establish synergies between academic recognition and professional
recognition and qualifications17. The work undertaken along those lines by the
Commission together with the Council of Europe and UNESCO has finished and will
soon be followed up with a public awareness campaign.

(11)(10)Despite the provisions quoted above, the Green Paper "Education, training, research:
the obstacles to transnational mobility", adopted by the Commission in October 1996,
noted the existence of obstacles to mobility. The diversity of the status in the Member
States of students, persons undergoing training, teachers and trainers, particularly with
law, social security and
regard to provisions on right of residence, employment
taxation, is an obstacle to mobility. Similarly, not recognising the specific nature of
voluntary work is a hindrance to the mobility of young volunteers.

(12)

Persons wishing to undertake mobility in the areas of education, training and
youth, particularly students, persons in training, volunteers and teachers and
trainers, are often put off by the many obstacles they encounter, as is testified by
the petitions they address to the European Parliament. In this context, the
European Union's action must cater for the aspirations of its citizens when it
comes to mobility in education and training.

(13)(11)The Green Paper proposed a series of lines of action to eliminate those obstacles.
They have been largely approved in the context of the debates which have been
organised on this subject in all Member States. Special attention should be paid to
the needs of the most disadvantaged and the most vulnerable groups.

(14) The European Council of Lisbon of 23 and 24 March 2000 declared its support
for mobility as an essential feature of the new knowledge society and in
promoting lifelong education. It called on the Member States, the Council and the
Commission to:

–

–

take the necessary steps to foster the mobility of students, teachers and
training staff,
through greater
in particular by removing obstacles,
transparency in the recognition of qualifications and periods of study and
training, and through specific measures for removing obstacles to the
mobility of teachers by 2002;

develop a common European format curriculum vitae to encourage
mobility by helping the assessment, by education and training
establishments and employers, of knowledge acquired.

The European Council also called on the Council and the Commission to create a
European data base on jobs and learning opportunities to facilitate mobility, while
making it easier to find jobs and overcome the skills shortage.

17

OJ C 195 of 6.7.1996, p.6.

7

(15) Mobility favours the discovery of new cultural and social environments; there is
therefore a need to facilitate the cultural preparation and initiation of the persons
concerned into living, learning and working practices in different European
countries, as well as their social reintegration back into the home community,
namely by training relevant contact persons of the target groups (university
teachers and administrators, vocational teachers and trainers, teachers and head
teachers, staff of sending and hosting organisations, etc.) interculturally, and to
encourage educational institutions to appoint staff to coordinate and facilitate
their intercultural training.

(16)(12)This Recommendation conforms with the principle of subsidiarity insofar as, as
emphasised above, a Community action, complemented by action in the Member
States, is necessary for the obstacles to mobility to be removed. It is important in this
context to emphasise, with regard to the provisions of Article paragraph 5 of the
Protocol on the application of the principles of subsidiarity and proportionality, that
mobility requires Community intervention because by its nature it entails transnational
aspects. This Recommendation also conforms to the principle of proportionality
because it does not impose any constraints on the Member States, but on the contrary
allows the maximum flexibility as to how they achieve those objectives.

(17)(13)This Recommendation is mainly aimed at Community nationals who would like to
experience living in a Member State other than their country of origin. It must also be
noted that the European Council confirmed at its special meeting in Tampere on 15
and 16 October 1999 that the European Union must ensure "equal treatment for third
country nationals who are legally resident in a Member State", and that a more
energetic Community policy on integration should aim to offer them rights and
obligations comparable to those of Community EU citizens18. Third country nationals
who are legally and permanently resident in the Community should also benefit from
the provisions of the acquis communautaire relating to freedom of movement and
equality of treatment and from the provisions of this Recommendation. Similarly, third
country nationals who take part in a Community programme such asIn this respect,
legally resident
in a Community
third country nationals who take part
programme such as Socrates, Leonardo da Vinci or the European Voluntary Service
Youth, should be allowed to benefit from the acquis communautaire in respect of
in its scoreboard,
freedom of movement and equality of treatment. Moreover,
submitted on 27 March 2000, the Commission undertook to submit an initiative
on the entry and residence of third country nationals for the purpose of study and
professional training.

(18)

Participation in Community education, training and youth programmes is open
to the countries of the European Free Trade Association (EFTA) and the
associated countries of Central and Eastern Europe (CEEC), in accordance with
the conditions set out in the Europe agreements, in their additional protocols and
the decisions of the relevant association councils, and to Cyprus, Malta and
Turkey. This Recommendation should accordingly be brought to the attention of
these countries and mobility should be facilitated for any nationals from those
countries who pursue studies or training, take part in voluntary activities, or
provide teaching or training within the European Union under a Community
programme.

18

COM(96) 462 final.

8

(19)(14)The Community programmes, including those mentioned above, have enabled the
development at Community level of good practice and of important tools which aim to
facilitate mobility for students, persons undergoing training, young volunteers,
teachers and trainers. The widest possible introduction of these good practices and
tools should be envisaged.

I.

1.

RECOMMEND THAT MEMBER STATES:

Measures which concern all categories of people covered by this Recommendation:

a)

take measures
they judge to be appropriate to remove legal and
administrative barriers to the mobility – which should never be hindered – of
people who would like to undertake a course of studies, a period of training, a
voluntary activity, or provide teaching or training in another Member State,
regardless of whether this is in the context of a Community programme
(Socrates, Leonardo da Vinci and European Voluntary Service Youth) or
not, these measures should complement those implemented by the Community
programmes; these measures should respond in particular to the financial
problems of mobility by providing for financial assistance for mobility; they
should also promote language learning as a lack of knowledge of languages is a
major obstacle to mobility; these measures should enable Member States to
direct
the mobility of those concerned towards activities which are not
available in their own country or towards activities which are innovative and
offer good prospects; and promote, in conjunction with the Commission,
exchanges of experience and good practice relating to the transnational
mobility of
this
Recommendation;

those concerned and to the various aspects of

b)

take measures they judge to be appropriate to reduce language and
cultural barriers, and in particular to:

–

–

promote the learning of at least two Community languages and to
make young people in particular more aware of European
citizenship and the need to show respect for cultural and social
differences;

encourage linguistic and cultural preparation prior to any mobility
scheme;

c)

take measures they judge to be appropriate to respond adequately to the
financial problems of mobility, and in particular to:

–

–

promote wider use of various means of
(allowances, grants, subsidies, loans, etc);

financial assistance

ensure that national grants and other forms of assistance are
portable;

db)

take the necessary measures they judge to be appropriate to promote the
European qualifications area, that is to say to enable those concerned to
report on qualifications obtained and experience acquired in the host
country to the relevant authorities, particularly the academic and professional
authorities in their home country; this could be achieved by carrying out the

9

objectives of the Council Resolutions of 3 December 1992 and 15 July 1996
on the transparency of qualifications and vocational training certificates,
encouraging the use of the "Europass-Training" document described in
Council Decision 1999/51/EC of 21 December 1998 on the promotion of
European work-linked training pathways, including apprenticeship19, and
of the European diploma supplement, and acting upon the conclusions of
the Lisbon European Council, with particular reference to a common
European format for curricula vitae; these objectives are, on the one hand,
their
to enable those concerned to present potential employers with all
qualifications and experience and, on the other hand, to enable these employers
to assess these qualifications and experience in terms of the requirements of the
job, particularly when their have been acquired in another Member State;

ec)

fd)

take appropriate measures so that persons covered by this Recommendation
can benefit from all the advantages given to nationals of the host country
undertaking this same activity; these advantages include reductions for public
transport, financial assistance with accommodation and meals, access to
libraries and museums, etc.;

take appropriate measures so ensure that people interested in going to another
country can have easy access
information concerning
opportunities for studying, training, volunteering, or providing teaching or
training in the other Member States, extending the work of the National
Academic Recognition Information Centres, the European Network of
Information Centres and Europe Direct, and in particular;

to any useful

–

–

–

–

the
to disseminate on a broader basis
opportunities for transnational mobility and the conditions for
achieving it
financial
assistance available);

(with particular regard to the forms of

information about

to ensure that their citizens are aware of their entitlements under
existing reciprocal arrangements concerning social security and
health cover while they are temporarily resident in another Member
State;

to encourage the provision on a regular basis of training and
information on the acquis communautaire relating to mobility to the
relevant administrative staff at all levels;

to take part in the establishment of a Europe-wide data base on jobs
and learning opportunities;

g)

ensure that all the categories of person covered by this Recommendation
are not placed at a disadvantage in their country of origin with respect to
the same categories of person undertaking the same type of activity
without going to another Member State in order to do so;

he)

take the measures they judge to be appropriate so that third country nationals
who are legally and permanently resident in the Community can also benefit

19

OJ C49 of 19.2.1993, p.1 L 17 of 22.1.1999, p.45.

10

from the provisions of the acquis communautaire relating to freedom of
the
movement and equality of
Recommendation; to also treat third country nationals in this way to remove
the obstacles to the mobility of third country nationals when they are
studying, training, doing voluntary work, or providing teaching or training, in
the context of a Community programme;

treatment and from the provisions of

i)

abolish any fees that they currently charge to the categories of person
covered by this Recommendation for the processing of applications for, or
the issuing or renewal of, residence permits to nationals of another
Member State or nationals of
third countries participating in the
Community programme;

2.

Measures which specifically concern students:

a)

b)

c)

d)

e)

f)

ensure facilitate the recognition, for academic purposes, in the home Member
State of the period of study undertaken in the host Member State; the use of the
ECTS (European Credit Transfer System) should be encouraged for this
purpose which, based on the transparency of curricula, guarantees the
recognition of academic experience thanks to a contract drawn up in advance
between the student and home and host establishments;
in this context
appropriate measures should be taken so that the decisions of the authorities
responsible for academic recognition are adopted within reasonable timescales,
are justified and can be subject to administrative and/or legal appeal;

encourage educational establishments to issue a European supplement as an
administrative annex to the diploma, the aim of which is to describe the studies
undertaken in order to facilitate their recognition;

take appropriate measures so that students who have private insurance,
particularly health insurance, can transfer the advantages of this insurance to
the host country in so far as they are not covered by Regulation (EEC)
No 1408/71, as amended by Regulation (EC) No 307/1999 to make it easier
for students to prove that they have health care cover, with a view to
obtaining a residence permit;

facilitate the integration (academic guidance, educational psychology, etc. of
students into the education system of the host country, as well as their
reintegration back into the education system of the home country, following the
example of the Socrates programme; to this end, the co-ordination of academic
calendars should be considered, in particular by introducing terms or semesters
in the structure of higher education;

take appropriate measures so that the procedures for transferring and paying
grants and other financial assistance abroad are facilitated and simplified;

take the necessary measures so that the risk of double taxation on grants and
other financial assistance is eliminated;

3.

Measures which specifically concern persons undergoing training:

a)

ensure the validation recognition in the home Member State of the training
undertaken in the host Member State; to this end, the use of the "Europass-

11

training" document, amongst others, should be encouraged, which was
provided for in Council Decision 1999/51/EC of 21 December 1998 on the
promotion of European pathways
including
apprenticeship20;
the adoption of more transparent models for vocational
training certificates should also be encouraged, as provided for in the Council
Resolution of 15 July 1996 on the transparency of vocational
training
certificates; finally, the concrete proposals presented by the European Forum
on the transparency of professional qualifications should be implemented;

in work-linked training,

b)

encourage the adoption of more transparent models for the vocational
training certificates provided for in the Council Resolution of 15 July 1996
on the transparency of vocational training certificates21 and in the
proposals put forward by the European Forum on the transparency of
professional qualifications, aimed in particular at:

c)b)

c)d)

–

–

issuing with each official national certificate a translation of and a
European supplement to that certificate;

designating national contact points responsible for providing
information on national professional qualifications;

take appropriate measures they judge to be appropriate so that persons
undergoing who move to another Member State in order to undertake
training can benefit from are able to preserve for the duration of such
training their social security cover in the host country, particularly in terms of
health care;

to ensure that unemployed people who attend training in another Member State
continue to receive the unemployment benefit which they were receiving in
their home country; not to discriminate between unemployed people who
undertake training in their home Member State with a view to improving
their job prospects and those who undertake training in another Member
State for the same purpose, inter alia by ensuring that throughout their
period of training in the host Member State they continue to receive the
unemployment and other benefits to which they are entitled under the law
of their home country;

d)e)

take the period of training spent in another Member State into account when
calculating the waiting period before the trainee receives unemployment
benefit, and not to impose a further waiting period on the trainee as a result of a
period in another Member State; ensure that the provisions governing the
qualifying period for the receipt of unemployment benefit do not act as a
barrier to mobility where training is undertaken in another Member State
with a view to improving job prospects;

e)f)

treat those people who, although attending training in another Member State,
are not covered by Directive 93/96/EC, at
in accordance with the
provisions of that Directive, with the exception of the requirement to register in
an approved establishment; take measures they judge to be appropriate to

least

20

21

OJ L 17 of 22.1.1999, p.45.
OJ C 224 of 1.8.1996, p.7.

12

make it easier to prove that a person undertaking training in another
in accordance with Directive
Member State has adequate resources,
90/364/EEC;

4.

Measures which specifically concern young volunteers:

a)

b)

c)

d)

create a specific framework suited to the situation of young volunteers, when
this does not exist; recognise that voluntary work is an activity in its own
right and, as such, cannot be treated in the same way as other categories of
activity; in particular, recognise that voluntary service is an activity
distinct from waged labour; take measures they judge to be appropriate to
ensure that national legislative and administrative provisions take account
of that specificity;

ensure the validation encourage the recognition in the home Member State of
the voluntary activity undertaken in the host Member State as an informal
educational project, by means of a to this end, the use of documents such as
the attestation document provided for in Article 8 of Decision No 1686/98/EC
of the European Parliament and of the Council of 20 July 1998 establishing the
Community action programme “European Voluntary Service for Young
People", amongst others, should be encouraged; document attesting to
participation in voluntary projects, the purpose of which is to facilitate
recognition of the knowledge acquired, in keeping with the objective of
developing a common European format for curricula vitae that was laid
down by the Lisbon European Council;

allow young volunteers to take the health care cover which they benefited from
in the home country to the host country by means of the take measures they
judge to be appropriate to ensure that the social security authorities in the
home country issue an E111 form valid for the duration of the voluntary
activity;

enable the young volunteer, or the parents of the young volunteer, to continue
to receive family benefits or other benefits throughout
the period of the
voluntary activity, despite the fact that the person has gone to another Member
State, providing that their official domicile remains in the country where the
benefits are paid; take measures they judge to be appropriate to ensure that
volunteers and their families are not penalised for moving to another
Member State by being deprived of disability, family and other social
security benefits or assistance;

e)

take the measures necessary to count the period of voluntary work for the
young volunteer who is unemployed or who has applied for unemployment
benefit; this means in particular that:

–

–

the period of voluntary work is taken into account when calculating the
weighting period for benefits;

that the young unemployed person does not have to wait for a further
period when they return, and that they are exempt from having to be
available for work during the period of voluntary work; on the other
hand, this does not mean that the unemployment benefit continues to be

13

paid during the period of voluntary work, but that it is suspended during
this period during the period of voluntary work payment of
unemployment benefit is suspended, without affecting any of the
other rights of the beneficiary, subject to the expiry period;

–

during the period of voluntary work unemployed persons in receipt
of benefit are exempt from the obligation to make themselves
available for the labour market;

f)

take measures they judge appropriate to prevent voluntary activities from
being treated as paid employment or self-employment, and in particular to
ensure that:

–

–

as the voluntary work is unpaid, to avoid the young volunteer and the
organisation where they are carrying out their voluntary work from being
subject to social security or tax deductions; to also avoid the possibility
of double taxation on such activity the volunteer's allowance, board
and lodgings are not subject to tax deductions;

the approved national organisations responsible for volunteers on
transnational mobility schemes are not treated as employers and
thereby obliged to pay social security contributions and make tax
deductions on those voluntary activities;

5.

Measures which specifically concern teachers and trainers:

a)

b)

take all necessary measures they judge to be appropriate to ensure that a
person, who comes under the tax system of one Member State but is covered
by the social security system of another Member State, is treated as favourably
as if they came under only one Member State for both tax and social security
purposes teacher or trainer moving to another Member State for a limited
period, who comes under the tax system of one Member State but is
covered by the social security system of another Member State, is treated
as favourably in respect of social security contributions and tax deductions
as if they came under the tax and social security system of only one
Member State;

take organisational measures, particularly in terms of academic calendars, to
enable teachers to move to another country, normally on a short-term basis,
without disrupting the academic year in their home establishment;they judge
to be appropriate to make it easier for teachers and trainers to move to
another Member State, and in particular to:

–

–

make arrangements for the replacement of teachers and trainers
moving to another Member State;

ensure that arrangements are made to facilitate their integration in
the host establishment;

c)

introduce consider the possibility of introducing European sabbatical periods
which would raise awareness of opportunities for mobility in addition to
those already available under Community programmes and enable
teachers and trainers to move to another country more easily;

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d)

encourage the introduction of a European dimension in the training
programmes of teachers and trainers educational and research environments,
on the basis of experience gained in the context of the Socrates and Leonardo
programmes, by converging training programmes, and organising exchanges
and training periods in another Member State; and in particular:

–

–

in the content of the training programmes of teachers and trainers;

by fostering contacts between training centres for teachers and
trainers
the European
Community, including by means of exchanges and training periods
in another Member State;

located in other Member States of

e)

reward those who undertake professional experience in another Member State,
in particular by means of promotion encourage due recognition of the value
of experience gained by teachers and trainers in another Member State as
one of the elements to be taken into account for promotion purposes.

II.

INVITE THE MEMBER STATES:

to produce a report once every two years on the implementation of the different aspects
covered by this Recommendation and to submit this report to the Commission;

III.

INVITE THE COMMISSION:

a)

b)

to set up a group of experts which represents all Member States and includes people
who know the different client groups covered by the Recommendation, in order to
enable the exchange of information and experience on the different aspects of this
Recommendation;

to submit a report once every two years to the European Parliament, the Council, the
Economic and Social Committee and the Committee of the Regions, based on
contributions from the Member States on the implementation of the different aspects
covered by this Recommendation;

Done at Brussels, on

For the European Parliament
The President

For the Council
The President

15

ANNEX

CATEGORIES OF PEOPLE COVERED BY THE RECOMMENDATION

abovementioned people mentioned below are only covered by this
Note: The
Recommendation if they move from one Member State (the home country) of the Community
to another (the host country) for a limited period of time and return to the home country at the
end of their stay. It does not cover them if they stay in only one Member State, or go to live in
another Member State indefinitely or on a long-term basis. They retain their legal residence,
as defined by the law of each Member State, in their home Member State.

I.

STUDENTS

People who study in educational establishments such as those covered by Article 149(2)(3) of
the EC Treaty;

II.

PERSONS UNDERGOING TRAINING

People who, regardless of their age, attend vocational training at any level including higher
education;

III.

YOUNG VOLUNTEERS

People, aged mainly between 18 and 25 who, in the context of the "European Voluntary
Service" section of the "Youth" Community programme or of transnational voluntary
projects similar to the “«European Voluntary Service»” which have been approved by the
national authorities, undertake an activity of solidarity which is non-profit making and
unpaid, which helps them acquire social and personal skills, and in exchange for which they
receive the support of a mentor.

IV.

TEACHERS

People who teach in educational establishments such as those covered by Article 149(2)(3) of
the EC Treaty;

V.

TRAINERS

People who provide training both in educational or training establishments such as those
covered by Article 149(2)(3) 150(2)(4) of the EC Treaty and in learning centres or companies.

Note: the abovementioned people are only covered by this Recommendation if they move
from one Member State (the home country) of the Community to another (the host country)
for a limited period of time and return to the home country at the end of their stay. It does not
cover them if they stay in only one Member State, or go to live in another Member State
indefinitely or on a long-term basis.

16