Common Position (EC) Νo 7/2001 of 19 January 2001 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a recommendation of the European Parliament and of the Council on mobility within the Community for students, persons undergoing training, volunteers, teachers and trainers
Date: 2001-01-19
Institutions: Council of the European Union
Subjects: EU Member State, EU programme, free movement of persons, student, teacher, vocational training

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I

(Information)

COUNCIL

COMMON POSITION (EC) No 7/2001

adopted by the Council on 19 January 2001

with a view to adopting a recommendation of the European Parliament and of the Council of (cid:133)
on mobility within the Community for students, persons undergoing training, volunteers, teachers
and trainers

(2001/C 70/01)

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 Commission (1),

(2) Mobility for

students, persons undergoing training,
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
freedoms protected by the Treaty. The
fundamental
right to move and reside freely is moreover recognised
for any citizen of
the conditions
the Union under
provided for by Article 18 of the Treaty.

Having regard to the opinion of
Committee (2),

the Economic and Social

(3)

Having regard to the opinion of
Regions (3),

the Committee of

the

Acting in accordance with the procedure laid down in Article
251 of the Treaty (4),

Whereas:

(1)

to

their

enhance

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

cultural

own

(1) OJ C (cid:133)
(2) OJ C 168, 16.6.2000, p. 25.
(3) OJ C 317, 6.11.2000, p. 53.
(4) Opinion of the European Parliament of 5 October 2000 (not yet
published in the Official Journal), Council Common Position of 19
January 2001 and Decision of the European Parliament of (cid:133) (not
yet published in the Official Journal).

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 families (5) recognises the right of residence for
workers and their families. Council Directive 93/96/EEC
of 29 October 1993 on the right of residence for
students (6) 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 residence (7) recognises the right of
residence more generally,
for
citizens of the Union.

in certain conditions,

(4) Mobility for

students, persons undergoing training,
volunteers, teachers and trainers is also an integral part
of the principle of non-discrimination on grounds of
nationality as provided for in Article 12 of the Treaty.

(5) OJ L 257, 19.10.1968, p. 13. Directive as last amended by the

1994 Act of Accession.
(6) OJ L 317, 18.12.1993, p. 59.
(7) OJ L 180, 13.7.1990, p. 26.

(5)

(6)

(7)

(8)

(9)

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That principle applies to the areas covered by the
Treaty, as has been held in the case-law of the Court of
Justice. It therefore applies to the fields of education,
training and youth.

(10)

social

Council Regulation (EEC) No 1408/71 of 14 June 1971
on the application of
to
to self-employed persons and to
employed persons,
the
their
members
Community (1) has
to
students
No
307/1999. (2)

families moving within

applicable
(EC)

in part become

security schemes

Regulation

Council

under

of

non-profit-making and unpaid, it should not be treated,
under national legislation, as employment.

Furthermore, the Council has invited the Commission to
study the feasibility of introducing, on a voluntary basis,
a European administrative Annex to the diploma in
academic
synergies
order
to
establish
and
recognition
of
professional
(8). The work undertaken along those
qualifications
lines by the Commission together with the Council of
Europe and Unesco has been completed and will soon
be followed up with a public awareness campaign.

recognition

between

Council Regulation (EEC) No 1612/68 of 15 October
1968 on freedom of movement for workers within the
Community (3) provides for equality of
treatment as
regards access to education and vocational training for
workers and their families who have exercised their
right to freedom of movement.

The
for
recognition of professional qualifications
entering and exercising regulated professions, such as
teaching, is governed in the Community by the general
system established by Council Directives 89/48/EEC (4)
and 92/51/EEC (5).

Council
resolution of 3 December 1992 on the
transparency of qualifications (6), and Council resolution
of 15 July 1996 on the transparency of vocational
training certificates (7), called on the Commission and
the Member States to take steps to improve mutual
the qualifications
understanding of
the
various Member
the qualifications
States
themselves, by making them clearer and more readable,
and therefore more transparent. A European Forum in
the field of transparency of vocational qualifications has
been
for
implementing those resolutions. The first proposals
were submitted in February 2000.

systems of

to make

proposals

concrete

and of

created

Involvement in transnational voluntary activities helps
to shape young people’s future careers, develop their
social skills and smooth their integration into society,
thereby
an active
development of
In addition, since voluntary work is an
citizenship.
is
activity which

specifically

solidarity,

fostering

involves

the

(1) OJ L 149, 5.7.1971, p. 2. Regulation as

last amended by

Regulation (EC) No 1399/1999 (OJ L 164, 30.6.1999, p. 1).

(2) OJ L 38, 12.2.1999, p. 1.
(3) OJ L 257, 19.10.1968, p. 2. Regulation as last amended by

Regulation (EEC) No 2434/92 (OJ L 245, 26.8.1992, p. 1).

(4) OJ L 19, 24.1.1989, p. 16.
(5) OJ L 209, 24.7.1992, p. 25. Directive as last amended by Directive

2000/5/EC (OJ L 54, 26.2.2000, p. 42).

(6) OJ C 49, 19.2.1993, p. 1.
(7) OJ C 224, 1.8.1996, p. 7.

training,

research:

the obstacles

(11) Despite the provisions quoted above, the Green Paper
on (cid:145)Education,
to
transnational mobility(cid:146), adopted by the Commission in
to
October 1996, noted the existence of obstacles
mobility. The diversity of
the status in the Member
States of students, persons undergoing training, teachers
and trainers, particularly with regard to provisions on
the right of residence, employment law, social security
and taxation, is an obstacle to mobility. Similarly, not
recognising the specific nature of voluntary work is a
hindrance to the mobility of volunteers.

(12)

(13)

(14)

Persons wishing to undertake mobility in the areas of
education,
training and youth, particularly students,
persons in training, volunteers and teachers and trainers,
they
are often discouraged by the many obstacles
encounter, as evidenced by the petitions they address to
the
the
Community’s action should cater for the aspirations of
its citizens
in terms of mobility in education and
training.

Parliament.

European

context,

this

In

In the context of Article 293 of
the Treaty which
provides in particular for the Member States, so far as is
necessary, to enter into negotiations with each other
with a view to securing for the benefit of their nationals
the abolition of double taxation within the Community,
it
this network of bilateral
agreements is still not complete, with the result that
obstacles to mobility still remain.

should be noted that

to
The Green Paper proposed a series of actions
eliminate
those obstacles. They have been largely
approved in the context of the debates which have been
It is
organised on this subject in all Member States.
therefore necessary to remove
to
mobility. Special attention should be paid to the needs
of the most disadvantaged and most vulnerable groups,
such as the disabled.

those obstacles

(15)

The European Council in Lisbon on 23 and 24 March
2000 declared its support for mobility as an essential

(8) OJ C 195, 6.7.1996, p. 6.

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feature of the new knowledge society and in promoting
lifelong education. It called on the Member States, the
Council and the Commission to:

legislation in particular as regards the implementation of
the invitations which it contains.

the mobility of

(cid:151) take the necessary steps within their areas of
competence to foster
students,
teachers and training staff, 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,

through greater

(cid:151) develop a common European format for curricula
vitae to encourage mobility by helping to improve
training
education
assessment,
knowledge
employers,
establishments
acquired.

and
of

and

by

The European Council also called on the Council and
the Commission to create a European database on jobs
and learning opportunities to facilitate mobility, while
improving
skills
shortage.

employability

reducing

and

the

(16) Mobility fosters 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 return
under
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) interculturally, and to encourage
educational and training establishments to appoint staff
to coordinate and facilitate their intercultural training.

conditions, namely by

appropriate

(19)

(20)

(21)

recommendation is

aimed at Member State
This
nationals who would like to experience living in a
Member State other than their home Member State.
Nevertheless, it should also be noted that the European
Council stated at Tampere on 15 and 16 October 1999
that the European Union must ensure (cid:145)equal treatment
for third country nationals who are legally resident in a
Member State(cid:146) and that a more vigorous integration
policy should aim at granting them rights and imposing
on them obligations comparable to those citizens of the
Union. Third country nationals who are legally resident
in a Member State should be granted a number of rights
in that Member State which come as close as possible to
those enjoyed by the citizens of the Union.

in the Europe Agreements,

Community education, training and youth programmes
are open to the countries of the European Free Trade
Association participating in the European Economic
Area and the associated countries of central and eastern
in accordance with the conditions set
Europe (CCEE),
in their Additional
out
Protocols
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
in voluntary
pursue studies or
activities, or provide teaching or training within the
European Union under a Community programme.

decisions of

take part

training,

in the

and

the

including

Community

The
those
programmes,
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, volunteers,
teachers and
trainers. The widest possible application of those good
practices and tools should be envisaged,

(17)

recommendation conforms

This
to the principle of
subsidiarity referred to in Article 5 of the Treaty in so
far as Community action, complementing action by the
Member States, is necessary for the obstacles to mobility
to be removed. It is important to that end to emphasise
that mobility requires Community intervention because
transnational aspects. This
by its nature it entails
recommendation also conforms
to the principle of
proportionality referred to in that Article because it
does not go beyond what is necessary to achieve the
objectives pursued.

I. HEREBY RECOMMEND Member States:

1. Measures which concern all categories of people covered by this

recommendation

(18)

This recommendation seeks to encourage cooperation
between Member States on the subject of mobility by
supporting their activities and fully respecting their
responsibilities within the framework of their national

(a)

to take the measures they consider appropriate to remove
the legal and administrative obstacles to the mobility of
persons undertaking a course of studies, a period of
training or a voluntary activity, or providing teaching or
training in another Member State, particularly in the

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context of Community programmes (including Socrates,
Leonardo da Vinci and Youth) but also outside them; to
cooperate with the Commission in the promotion of the
exchange of experience and good practice relating to the
transnational mobility of the persons concerned and the
various aspects of this recommendation;

transport,
financial assistance with accommodation and
meals, as well as access to libraries and museums, with the
exception of benefits available under social security. In this
context discussions on introducing a (cid:145)mobility card(cid:146) should
be initiated;

(b) to take the measures they consider appropriate to reduce

linguistic and cultural obstacles, for example:

(f)

(cid:151) to encourage the learning of at least two Community
in
languages, and to make young people aware,
particular, of Union citizenship and respect for cultural
and social differences,

(cid:151) to encourage linguistic and cultural preparation before

any mobility measure;

(c)

to promote the development of various arrangements for
financial
scholarships,
subsidies, loans, etc.) and in particular:

for mobility

support

(grants,

to
for

any
studying,

to help to enable people interested in mobility to have
information concerning
easy
useful
access
training, volunteering, or
opportunities
providing teaching or training in the other Member States,
by
academic
recognition information centres, of the European network
of information centres and of (cid:145)Europe direct(cid:146), in particular
by:

the work of

the national

extending

(cid:151) improving the dissemination of information regarding
the
concerning

conditions

(especially

financial

support)

possibilities

the
arrangements
transnational mobility,

and

for

(cid:151) ensuring that

their

their
citizens
entitlements under Regulation (EEC) No 1408/71 and
concerning
under
social
temporarily
resident in another Member State,

existing reciprocal arrangements
they are
security cover while

aware of

are

(cid:151) to facilitate the portability of scholarships and national

aids,

(cid:151) to take the measures they consider appropriate so that
the procedures for transferring and paying grants and
other assistance abroad are facilitated and simplified;

i.e.

to enable

(d) to take the measures they consider appropriate to promote
a European qualification area,
those
concerned to report on the qualifications obtained and the
experience acquired in the host State to the relevant
authorities, particularly the academic and professional
authorities in their home State, that might be carried out
by promoting the objectives of
the 1992 and 1996
resolutions on the transparency of qualifications and
training certificates, by encouraging the use of
the
Europass-training document as provided for in Council
Decision 1999/51/EC of 21 December 1998 on the
promotion of European pathways in work-linked training,
including apprenticeship (1) and of the European diploma
supplement, and by implementing the conclusions of the
Lisbon European Council of 23 and 24 March 2000, in
particular by establishing a European framework of basic
skills and a common European format for curricula vitae;

(cid:151) encouraging the training of, and regular provision of
levels

information to,
those at
regarding the Community acquis on mobility,

all administrative

(cid:151) taking part in the work on the creation of a database
on jobs and learning opportunities, in the context of
decentralised procedures and taking full advantage of
existing structures
the
and mechanisms
European employment services (EURES);

such as

(g) to take the measures they consider appropriate so that the
categories of persons concerned by this recommendation
are not subjected to discrimination in their home Member
State in relation to the same categories of persons who do
not undertake a transnational mobility experience;

(h) to take measures they consider appropriate to remove
obstacles to the mobility of third country nationals who,
when participating in Community programmes, including
Socrates, Leonardo da Vinci and Youth, pursue study or
training, do voluntary work or provide teaching or
training.

(e)

to consider to what extent the persons covered by this
recommendation can benefit from the arrangements for
support available to the same categories of persons in the
host State, such as for example reductions for public

2. Measures which specifically concern students

(1) OJ L 17, 22.1.1999, p. 45.

(a)

to facilitate the recognition, for academic purposes, in the
home Member State of the period of study undertaken in

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the host Member State; for this purpose the use of the
the
transfer system (ECTS)
European credit
Community should be encouraged which, based on the
transparency of curricula, guarantees the recognition of
academic experience as a result of a contract drawn up in
advance between the student and the home and host
establishments;

throughout

(c)

(b) to take,

the authorities

furthermore, appropriate measures so that

the
decisions of
responsible for academic
recognition are adopted within reasonable timescales, are
justified and can be subject to administrative and/or legal
appeal;

(cid:151) designating national reference points responsible for
vocational

information

national

on

providing
qualifications;

appropriate,

the measures

they consider

to take
in
accordance with Community law and in the framework of
their national
law, so that persons travelling to another
Member State for the purpose of undergoing recognised
training there are not subject, because of their mobility, to
discrimination with respect to relevant social protection,
including the administrative formalities for this protection,
such as in the area of health care and other relevant areas;

(c)

educational

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

establishments

to issue

(d) to take the measures they consider appropriate from the
administrative point of view to make it easier to obtain
that a person undergoing training in another
proof
Member State has sufficient resources, as provided for in
Council Directive 90/364/EEC.

(d) to encourage students and pupils to complete a part of
their studies in another Member State and to facilitate the
recognition of periods of study completed in this context
in another Member State;

4. Measures which specifically concern volunteers

(e)

to take or to encourage appropriate measures to enable
students more easily to prove that they have health cover
or insurance in order to obtain their residence permits;

(a)

to ensure that the specific nature of voluntary activity is
taken into account
legal and administrative
measures;

in national

(f)

to facilitate the integration (academic guidance, educational
psychology, etc.), of students undergoing mobility into the
education system of the host Member State, as well as their
the home
reintegration into the education system of
Member State,
the Socrates
programme.

following the example of

(b) to promote the consideration, in the home Member State,
of voluntary activity undertaken in the host Member State
by means of a certificate that persons have taken part in
voluntary activity projects, describing the
experience
gained, within the framework of the objective of bringing
about a common European format for curricula vitae;

3. Measures which specifically concern persons undergoing training

(c)

(a)

to promote the consideration in the home Member State of
attested training undertaken in the host Member State; to
the (cid:145)Europass-training(cid:146) document,
this end,
amongst others, should be encouraged;

the use of

(b) to encourage the use of more transparent models for
vocational training certificates, as provided for in the 1996
resolution on the transparency of vocational
training
certificates and in the proposals submitted by the European
Forum on the transparency of vocational qualifications.
These proposals aim in particular at:

the measures

they consider

to take
in
accordance with Community law and in the framework of
their national law, so that volunteers and their families are
not discriminated against because of their mobility with
respect to relevant social protection, such as health care
and social welfare policies;

appropriate,

(d) to take the measures they consider appropriate, under
to ensure that recognised voluntary

national
activities are not treated as employment.

legislation,

5. Measures which specifically concern teachers and trainers

(cid:151) issuing, with official national certificates, a translation
such certificates and/or a European certificate

of
supplement,

(a)

to take into account as far as possible the problems facing
teachers and trainers on short-term mobility covered by

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the legislation of several Member States and encourage
cooperation in this respect;

III. HEREBY INVITE the Commission:

(b) to take the measures they consider appropriate to facilitate
teachers’ and trainers’ mobility to other Member States, for
example:

(a)

to set up a group of experts who represent all Member
States and include people who know the different groups
covered by this recommendation,
in order to enable the
exchange of information and experience on the different
aspects of this recommendation;

(cid:151) by making

replacement of
mobility,

arrangements

temporary
teachers and trainers on European

the

for

(cid:151) by ensuring that arrangements are made to facilitate

their integration in the host establishment,

(cid:151) by considering the introduction,

procedures established at national
training periods to make mobility easier;

in accordance with
level, of European

(c)

to encourage the introduction of a European dimension
into the professional environments of teachers and trainers,
in particular:

(cid:151) in the content of the programmes for the training of

teachers and trainers,

(cid:151) by encouraging contacts between establishments for
teachers and trainers
in different
including exchanges and courses in

the training of
Member States,
other Member States;

(d) to promote consideration of European mobility experience
as a component of the careers of teachers and trainers.

(b) to continue to cooperate with the Member States and the
social partners, within, inter alia, the European Forum on
the transparency of professional qualifications, so that
and
useful
the
information
implementation of
advocated in this
the measures
recommendation may be exchanged;

concerning

experience

(c)

the Council,

to submit a report once every two years to the European
Parliament,
Social
Committee and the Committee of the Regions based on
contributions
the
implementation of the different aspects covered by this
recommendation;

from the Members

Economic

States

and

the

on

(d) to study the procedures

for

introducing a pass

schoolchildren/students/trainees/volunteers
entitlement
Community
concessions during their period of mobility;

holders

giving

for
the
different

within
to

(e)

(f)

to draw up proposals
improved cooperation in
for
promoting the transparency of qualifications, in particular
for making the Europass available to third countries
participating in Community programmes, and with regard
to certificates of completion of vocational training;

to study appropriate procedures
the adoption of
measures, in cooperation with the Member States, for the
exchange of information on opportunities for education,
training or voluntary work, or providing teaching or
training in the other Member States.

for

II. HEREBY INVITE Member States:

Done at (cid:133)

a

to produce
implementation of
recommendation and to forward it to the Commission.

two years on the
the different aspects covered by this

report once

every

For the European Parliament

The President

For the Council

The President

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ANNEX

CATEGORIES OF PEOPLE COVERED BY THIS RECOMMENDATION

The people mentioned below are covered by this recommendation only if they move from one State (the home State)
to another (the host State) for a temporary stay not exceeding, in principle, one year and return to the home State at
the end of their stay. Such persons keep their legal residence, as defined by the law of each Member State, in the home
State.

I.

Students

People who study in educational establishments such as those covered by the third indent of Article 149(2) of the
Treaty.

II. Persons undergoing training

People who, regardless of their age and professional conditions, attend vocational training at any level including
higher education.

III. Volunteers

People, especially young people, who, in the context of the (cid:145)European voluntary service(cid:146) section of the Community
(cid:145)Youth(cid:146) programme or of transnational voluntary projects similar to the (cid:145)European voluntary service(cid:146), undertake an
activity which specifically involves solidarity,
is non-profit making and unpaid for a duration of one year in
principle, and helps them acquire social and personal skills.

IV. Teachers

People who provide teaching in educational establishments such as those covered by the third indent of Article
149(2) of the Treaty.

V. Trainers

People who provide training in educational or vocational training centres such as those referred to in the fourth
indent of Article 150(2) of the Treaty and/or in training centres or undertakings.

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STATEMENT OF THE COUNCIL’S REASONS

I.

INTRODUCTION

1. On 21 January 2000, the Commission submitted to the European Parliament and to the Council a
proposal for a recommendation, based on Articles 149 and 150 of the Treaty establishing the
European Communities, on mobility within the Community for students, persons undergoing
training, volunteers, teachers and trainers.

2. The Economic and Social Committee adopted its opinion on 27 April 2000.

3. The Committee of Regions adopted its opinion on 15 June 2000.

4. The European Parliament delivered its opinion on 5 October 2000.

5.

In the light of
proposal for a Decision on 9 November 2000.

the European Parliament’s opinion,

the Commission submitted an amended

6. On 19 January 2001 the Council adopted its Common Position in accordance with Article 251 of

the Treaty.

II. AIM OF THE PROPOSAL

that Member States

recommends
to foster

their
The proposal
the various categories of persons covered by the
responsibilities
recommendation. These recommendations take the form of common measures concerning all
categories, and measures that are specific to students, persons undergoing training, volunteers and
teachers and trainers. The Commission is
for
cooperation in this field, as well as technical assistance and follow-up.

invited to provide appropriate encouragement

the mobility of

take measures

in the full

respect of

1. GENERAL COMMENTS

In its Common Position the Council has approved the essence of the Commission proposal while
introducing amendments which it thought necessary, having regard in particular to the legal basis.

2.

SPECIFIC COMMENTS

2.1. Amendments made by the Council to the Commission proposal

2.1.1. Measures within the area of education and training policy

(cid:151) C o n c l u s i o n s o f

t h e

E u r o p e a n C o u n c i l

i n L i s b o n ( r e c i t a l 1 5 ,

s e c t i o n s I . 1 ( d ) , I . 4 ( b ) )

The Council has fully taken into account the abovementioned conclusions with regard
to mobility as set out in recital 15 and has also referred to specific proposals under the
common measures and those dealing with volunteers.

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(cid:151) M e a s u r e s c o n c e r n i n g a l l c a t e g o r i e s ( s e c t i o n I . 1 )

This section has been restructured to bring out the need for linguistic and cultural
initiation and preparation (which is also referred to in recital 16). Greater clarity and
to bear on questions concerning qualifications,
emphasis has also been brought
information, and the range of benefits (other than social security), that might be
available to persons in mobility, as well as the arrangement of financial support for
mobility.

(cid:151) M e a s u r e s c o n c e r n i n g s t u d e n t s ( s e c t i o n I . 2 )

The principal modifications that the Council has seen fit to introduce, concern certain
arrangements for academic recognition and the acknowledgement of the role that
mobility can play at pre-university level.

(cid:151) M e a s u r e s c o n c e r n i n g 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 ( s e c t i o n I . 3 )

The Council considered that the text should distinguish more clearly between the use
the
of,
European Forum on the transparency of professional qualifications

the (cid:145)Europass-training(cid:146) document, and the recent proposals of

inter alia,

(cid:151) M e a s u r e s c o n c e r n i n g v o l u n t e e r s ( s e c t i o n I . 4 )

The Council was of the view that while the European Community Youth programme is
aimed in principle at persons aged between 15 and 25 years, the reference to (cid:145)young(cid:146)
volunteers throughout the text was too restrictive; recital 9 has been introduced to
stress, inter alia, the specific value of transnational voluntary activity

(cid:151) M e a s u r e s c o n c e r n i n g t e a c h e r s a n d t r a i n e r s ( s e c t i o n I . 5 )

The Council has sought to clarify those measures considered appropriate with regard to
the organisational consequences of teachers’ and trainers’ mobility for the host and
sending countries. The Council considers that, while acknowledging European mobility
experience as a career
interpreted as
(5(b)),
discrimination against colleagues who do not take part in mobility experience.

should not be

component

this

(cid:151) I n v i t a t i o n s t o t h e C o m m i s s i o n ( s e c t i o n I I I )

The Council was of the opinion that the invitations to the Commission should include:

(cid:151) enhanced cooperation in the exchange of information and experience,

(cid:151) studying the possibilities of introducing a (cid:145)mobility pass(cid:146),

(cid:151) proposals

for
qualifications.

improved cooperation in the promotion of

transparency of

(cid:151) D e f i n i t i o n s ( A n n e x )

(cid:151) It was considered desirable to make clear that the period of mobility of persons
covered by the recommendation should not exceed one year in principle and that
they maintain their legal residence in the State of origin.

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(cid:151) As far as the definition of volunteers is concerned the commentary relating to

section 4 above applies.

(cid:151) The reference to the Treaty Article under (cid:145)trainers(cid:146) has been rectified.

2.1.2. Measures falling outside the area of education and training policy

The Council
is of the view that those provisions in the recommendation concerning
residence permits, third country nationals, fiscality and social protection aim to encourage
Member States to give a broader interpretation to existing Community law, and to apply
national
law in such a way that persons moving to another Member State are not
penalised, and may constitute (cid:145)incentive measures(cid:146) in the sense of Articles 149 and 150 of
the Treaty. In this connection, as well as in the context of the recommendation as a whole,
the Council has introduced a new recital 18 stressing Member States’ responsibilities. The
Council has therefore addressed the specific areas as follows.

(cid:151) R e s i d e n c e p e r m i t s ( s e c t i o n s I . 2 ( c ) a n d I . 3 ( d ) )

Certain details concerning the obtaining of residence permits for students (section 2)
and for persons undergoing training (section 3) have been clarified.

(cid:151) T h i r d c o u n t r y n a t i o n a l s ( r e c i t a l s 1 9 a n d 2 0 a n d s e c t i o n I . 1 ( h ) )

In recital 19 the conclusions of the European Council of Tampere on this question are
cited. Recital 20 is factual in nature and relates to the provisions for third country
nationals participating in Community mobility programmes and section 1(h) stresses
that
third country
nationals.

the measures proposed specifically concern this category of

(cid:151) F i s c a l i t y ( r e c i t a l s 9 a n d 1 3 , a n d s e c t i o n s I . 4 ( d ) a n d I . 5 ( a ) )

Recital 9 and section I.4(d) concern the recognition of the specificity of voluntary
activity and that as such it should not treated as employment. Section I.5(a) proposes
appropriate measures to address the problems, including that of taxation, of teachers
and trainers in short-term mobility subject to the legislation of more than one Member
State. Recital 13 has been introduced to clarify the situation with regard to the network
of double taxation agreements.

(cid:151) S o c i a l p r o t e c t i o n ( s e c t i o n s I . 1 ( f ) , I . 2 ( c ) , I . 3 ( c ) a n d I . 4 ( c )

Section I.1(f) stresses that persons covered by the recommendation are aware of
relevant social security cover including in the context of Regulation (EEC) No 1408/71.
Section I.2(e) draws attention to students being able to prove their health cover and
insurance in connection with obtaining residence permits (see 2.1.1). Sections I.3(c) and
I.4(c) clarify, in the case respectively of persons undergoing training and volunteers, the
measures that may be taken with respect to social protection.

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2.3.

European Parliament amendments

2.3.1. Parliament amendments adopted by the Commission

The Commission adopted in full, in part or in essence 42 of the 56 amendments tabled.

2.3.2. Parliament amendments adopted by the Council

The Council adopted in full, in part or in essence 37 of those of the 56 amendments tabled
by the Parliament which were also adopted by the Commission. In addition the Council
adopted in full,
in part or in essence, with the required unanimity, three of the 14
amendments proposed by the Parliament but rejected by the Commission.

2.3.3. Parliament amendments not adopted by the Council

referring to research workers on account of

The Council shared the Commission’s opinion that it was inappropriate to include those
the legal base. Certain
amendments
amendments (46 to 48) concerning the follow-up of
the recommendation were not
adopted. Other amendments were not considered to constitute incentive measures in the
sense of Articles 149 and 150 of the Treaty. In conclusion, in the light of the undertakings
on mobility in the conclusions of the Lisbon European Council amendment 8 was not
considered appropriate.

III. CONCLUSIONS

The Council considers that its Common Position constitutes a balanced text, which will serve as a
major impetus for Member States to eliminate existing obstacles to mobility in the field of education
and training, as well as fostering appropriate cooperation and initiatives at European level.