Common Position (EC) No 15/2004 of 22 December 2003 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 decision of the European Parliament and of the Council establishing a Community action programme to promote bodies active at European level and support specific activities in the field of education and training
Date: 2003-12-22
Institutions: Council of the European Union
Subjects: EU action, EU aid, action programme, education, education policy, financial aid, vocational training

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COMMON POSITION (EC) No 15/2004

adopted by the Council on 22 December 2003

with a view to adopting Decision No . . ./2004/EC of the European Parliament and of the Council
of . . . establishing a Community action programme to promote bodies active at European level and
support specific activities in the field of education and training

(2004/C 72 E/03)

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,

Having regard to the Opinion of the European Economic and
Social Committee (1),

Having consulted the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty (2),

Whereas:

(1) The Treaty provides that the Community is to contribute
to the development of quality education by supporting
and supplementing the action of Member States,
to
implement a vocational training policy which supports
and supplements the action of the Member States, and
to foster cooperation with third countries.

(2) The Laeken Declaration annexed to the conclusions of the
European Council of 14 and 15 December 2001 asserts
that one of the basic challenges to be resolved by the
European Union is how to bring citizens closer to the
European design and the European institutions.

(3) The detailed work programme on the follow-up of the
objectives of education and training systems in Europe (3),

(1) OJ C . . .
(2) Opinion of the European Parliament of 6 November 2003 (not yet
published in the Official
Journal), Council Common Position of
22 December 2003 and Position of the European Parliament of
. . . (not yet published in the Official Journal).

(3) OJ C 142, 14.6.2002, p. 1.

adopted by the Council on 14 June 2002, sets out a
programme
at
Community level.

requires

support

activity

that

of

(4) The Declaration of the European Union on the occasion of
the 50th anniversary of
the Universal Declaration on
Human Rights, Vienna, 10 December 1998, states that
the Union should further develop cooperation in the
field of human rights, such as education and training
relevant organi-
activities,
sations, and ensure the continuation of
the European
Masters Programme in human rights and democratisation,
organised by fifteen European universities.

in coordination with other

(5) The Conclusions of the Cologne European Council of 4
in order to enhance the sustain-
June 1999 stated that,
ability and continuity of the European Masters programme
in human rights and democratisation,
‘further attention
should be given to the issue of budget security’.

(6) Headings A-3010, A-3011, A-3012, A-3013, A-3014,
A-3017, A-3022, A-3027, A-3044, B3-1000 and
B3-304 of the general budget of the European Union for
the financial year 2003 and previous financial years have
proved their worth in the field of education and training.

Trier,

Law in

field of European integration,

(7) The College of Europe, providing postgraduate courses in
law, economics, politics, social sciences and humanities
with a European dimension,
the European University
Institute, contributing to the development of European
cultural and scientific heritage by means of higher
education and research, the European Institute of Public
training national and European civil
Administration,
the
in the
servants
European
Academy
providing
of
training of European law professionals
university-level
for
and users,
Human Rights
a
European Masters degree and Advanced Internships and
in
other
and research services
the
promotion of human rights and democratisation,
European Agency for Development
in Special Needs
Education, working to improve the quality of education
for pupils with special needs and to foster sustainable
European cooperation in this field, and the International
Centre for European Training, providing teaching, training
and research on issues of Europeanisation, globalisation,
federalism, regionalism and the transformation of contem-
porary social structures, constitute bodies pursuing aims of
general European interest.

the European Inter-University Centre
providing

and Democratisation,

education,

training

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(8) There is an increased need to train national judges in the
application of Community law and for such training to be
supported by the Community, notably following adoption
of Council Regulation (EC) No 1/2003 of 16 December
2002 on the implementation of the rules on competition
laid down in Articles 81 and 82 of the Treaty (1), which
increases the power of national courts to apply these
Treaty provisions.

(9) Council Regulation (EC, Euratom) No 1605/2002 of 25
June 2002 on the Financial Regulation applicable to the
the European Communities (2), here-
general budget of
inafter ‘The Financial Regulation’, requires a basic act to
be provided to cover these existing support actions.

(10) The

and

European

Parliament,

the Council

the
Commission undertook, at the time of the adoption of
the Financial Regulation,
to achieve the objective of
ensuring that this basic act enters into force as from the
financial year 2004; the Commission undertook to take
into account the remarks entered in the budget in the
context of implementation.

(11) It is necessary to ensure that the institutions to which the
Community has allocated funding support over previous
years
stability and
continuity of funding subject to the Financial Regulation
and its rules for implementation.

enjoy an adequate measure of

HAVE DECIDED AS FOLLOWS:

Article 1

Programme objective and activities

a

establishes

Community

This Decision

1.
action
programme in the field of education and training (hereinafter
referred to as ‘the programme’), to support bodies and their
activities which seek to extend and deepen knowledge of the
building of Europe, or to contribute to the achievement of the
common policy objectives
in the field of education and
training, both inside and outside the Community.

The general objective of the programme is to support the

2.
activities of bodies in the field of education and training.

The following activities are covered by the programme:

(a) the ongoing work programme of a body operating at
European or world level which pursues an aim of general
European interest in the field of education and training or
an objective forming part of the European Union's policy
in this area;

(b) a specific action promoting the European Union's action in
this area, providing information on European integration
and the objectives pursued by the Union in its international
relations or supporting Community action and relaying it
at national level.

(12) Provision should be made for the geographic coverage of
the programme to extend to the acceding Member States,
and possibly, in the case of some actions, to the EFTA/EEA
countries and the candidate countries.

In particular, these activities must contribute, or be capable of
contributing,
to the development and implementation of
Community cooperation policy and actions in the field of
education and training.

(13) Any non-Community financing from State

resources

should comply with Articles 87 and 88 of the Treaty.

The programme shall start on 1 January 2004 and shall

3.
end on 31 December 2006.

a

financial

framework constituting

(14) This Decision lays down, for the entire duration of the
programme,
the
prime reference, within the meaning of point 33 of the
Interinstitutional Agreement of 6 May 1999 between the
European Parliament,
the Council and Commission on
budgetary discipline and improvement of the budgetary
procedure (3),
the budgetary authority during the
annual budgetary procedure.

for

Article 2

Access to the programme

To be eligible for a grant, a body must satisfy the requirements
of the Annex and have the following characteristics:

(a)

it must be an independent and non-profit-making legal
person primarily active in the field of education and
training, with an objective aimed at the public good;

(15) Any support granted under this Decision should comply
strictly with the principles of subsidiarity and propor-
tionality,

(b) it must have been legally established for more than two
years and have had its annual statement of accounts for the
two preceding years certified by a registered auditor;

(1) OJ L 1, 4.1.2003, p. 1.
(2) OJ L 248, 16.9.2002, p. 1.
(3) OJ C 172, 18.6.1999, p. 1. Agreement as last amended by Decision
2003/429/EC of the European Parliament and of the Council (OJ L
147, 14.6.2003, p. 25).

(c)

its activities must be in accordance with the principles
underlying Community action in the field of education
and training and take account of the priorities set out in
the Annex.

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In exceptional circumstances, the Commission may grant a
derogation from the requirement under point (b) of the first
paragraph, provided that
this would not compromise the
protection of Community financial interests.

Article 3

Participation of third countries

Participation in actions under the programme may be opened
to bodies established in:

(a) acceding States which signed the Treaty of Accession on 16

April 2003;

(b) the EFTA/EEA countries, in accordance with the conditions

laid down in the EEA Agreement;

(c) Romania and Bulgaria, the conditions for participation to
be laid down in accordance with the European Agreements,
the
their
respective Association Councils;

and the decisions of

additional protocols

(d) Turkey, the conditions for participation to be laid down in
accordance with the Framework Agreement between the
European Community and the Republic of Turkey of 26
February 2002 on the general principles for the partici-
pation of
in Community
programmes (1).

the Republic of Turkey

Article 4

Selection of beneficiaries

The programme covers two groups of beneficiaries:

(a) group 1: operating grants directly awarded in accordance
with the beneficiaries listed by name in point 2 of the
Annex;

(b) group 2: support for European associations active in the
field of education or training, support for activities in the
field of higher education concerning European integration,
including Jean Monnet
activities
chairs,
contributing to the achievement of the future objectives
of education and training systems in Europe and support
for training of national judges in the field of European law
and for organisations for judicial cooperation. Beneficiaries
are selected by means of a call for proposals in accordance
with the overall criteria laid down in the Annex.

support

for

Article 6

Financial provisions

1.
The financial framework for the implementation of the
programme for the period specified in Article 1(3) is hereby set
at EUR 77 million.

The annual appropriations shall be authorised by the
financial

authority within the

limits of

the

2.
budgetary
perspective.

Article 7

Implementation

The Commission shall be responsible for implementing this
programme in accordance with the provisions set out in the
Annex.

Article 8

Monitoring and evaluation

1.
Not later than 31 December 2007, the Commission shall
submit a report to the European Parliament and the Council on
the achievement of the programme's objectives.

This report shall be based, inter alia, on an external evaluation
report which must be available no later than the end of 2006
and which shall appraise at least the overall pertinence and
its
effectiveness of
coherence of
the
execution (preparation,
implementation of
actions) and the overall and individual effectiveness of
the
various actions in terms of achievement of the objectives as
set out in Article 1 and in the Annex.

the programme,

selection,

the

The Commission shall moreover
to the European
Parliament and to the Council on an annual basis on the
implementation of the programme.

report

The European Parliament and the Council

2.
in
accordance with the Treaty, decide on the continuation of
the programme as from 1 January 2007.

shall,

Article 9

Entry into force

This Decision shall enter into force on the day following that
of its publication in the Official Journal of the European Union.

Article 5

Award of the grant

Done at . . .

Grants under the different actions of the programme shall be
awarded in compliance with the provisions set out in the
relevant part of the Annex.

For the European Parliament

For the Council

The President

The President

(1) OJ L 61, 2.3.2002, p. 29.

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1.

INTRODUCTION

ANNEX

The objectives laid down in Article 1 are to be implemented by means of the actions set out in this Annex.

This Annex contains two main types of actions:

— the first type, Actions 1 and 2, is aimed at supporting particular institutions or selected associations active at

European level in the fields of education and training,

— the second type, Action 3,

is aimed at supporting particular activities or projects focusing on European
integration (Action 3A), or supporting European Union policies in the fields of education and training
outside the Community programmes in these fields (Action 3B), or promoting training in European law,
notably for national judges (Action 3C).

2.

IMPLEMENTATION OF THE ACTIVITIES SUPPORTED

The activities carried out by the bodies eligible for Community funding under the programme fall within one of the
following areas:

Action 1: Support for specified institutions active in the fields of education and training

Grants may be awarded under this action of the programme to support certain operational and administrative costs
of the following institutions pursuing an aim of general European interest, acting in the following fields:

— the College of Europe (Bruges and Natolin campuses) in post-graduate studies in the European dimension of

law, economics, political and social sciences and the humanities,

— the European University Institute, Florence, in its contribution to the development of Europe's cultural and

scientific heritage by higher education and research,

— the European Institute of Public Administration, Maastricht, in the training of national and European officials to

enable them to discharge their responsibilities in the field of European integration,

— the Academy of European Law in Trier, in university-level continuing education for European law practitioners

and users,

— the European Inter-University Centre for Human Rights and Democratisation for the continuation of the
European Masters Degree in Human Rights and Democratisation, the Advanced Internship Programme and
other education, training and research activities in promotion of human rights and democratisation,

— the European Agency for Development in Special Needs Education in the improvement of the quality of special

needs education and the institution of extensive and long-term European cooperation in this field,

— the International Centre for European Training in study, education, training and research on issues of European
and world unification, federalism, regionalism and the changing structures of contemporary society, from a
world federalist viewpoint.

The Commission may award grants to the institutions listed above upon receipt of an appropriate workplan and
budget. Grants may be awarded on an annual basis or on a renewable basis within a framework partnership
agreement with the Commission.

Grants awarded under this action shall not be subject to the principle of gradual reduction set out in Article 113(2)
of the Financial Regulation.

The activities of the institutions supported under this action may take place within or beyond the European Union.

The resources to be committed under Action 1 will be not more than 65 per cent and not less than 58 per cent of
the total budget available for this programme.

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Action 2: Support for European associations active in the field of education or training

Grants may be awarded under this action of the programme to support certain operational and administrative costs
of European associations active in the field of education and training, which fulfil the following minimum criteria:

— exist as a body pursuing an aim of general European interest as defined in Article 162 of the implementing
rules of the Financial Regulation laid down by Commission Regulation (EC, Euratom) No 2342/2002 (1),

— operate in the field of education and training at European level and pursue clear and well-defined objectives

laid down in their official articles of association,

— have members in at least twelve Member States of the European Union,

— be composed of national, regional or local associations,

— be located and have legal status in one of the Member States of the European Union,

— undertake the majority of its activity in the Member States of the European Union, in countries belonging to

the European Economic Area and/or in the candidate countries.

Grants will be awarded under this action following the selection of proposals submitted in response to one or more
published calls for proposals. The Community grant will not cover more than 75 per cent of the eligible costs set
out in an approved workplan for the association. Grants may be awarded on an annual basis or on a renewable
basis within a framework partnership agreement with the Commission.

Grants awarded under this action shall not be subject to the principle of gradual reduction set out in Article 113(2)
of the Financial Regulation.

The resources to be committed under Action 2 will not be more than 4 per cent of the total budget available for
this programme.

Action 3A: Support for activities in the field of higher education concerning European integration, including Jean Monnet
chairs

This action relates to activities promoting the European Union's action in the field of higher education, raising
awareness in higher education circles of European integration and the objectives pursued by the Union in its
international relations or supporting Community action and relaying it at national level.

Activities supported under this action may take place in countries within or outside the European Union.

In accordance with Article 2 of the Decision, this particularly relates to:

— implementation of European integration studies in universities,

— creation and support of national associations of teachers specialised in European integration,

— promotion of reflection and discussion on the process of European integration,

— promotion of academic research on EU priority subjects, such as the future of Europe or dialogue between

peoples and cultures, including research by young academics.

Grants will be awarded under this action following the selection of proposals submitted in response to one or more
published calls for proposals. The Community grant will not cover more than 75 per cent of the eligible costs of
activities selected for funding under this action.

The resources to be committed under Action 3A will be not more than 24 per cent and not less than 20 per cent
of the total budget available for this programme.

(1) OJ L 357, 31.12.2002, p. 1.

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Action 3B: Support for activities contributing to the achievement of the future objectives of education and training systems in
Europe

Action 3B relates to support, implementation, awareness-raising and promotion activities concerning the follow-up
of the three objectives of education and training systems in Europe agreed by the European Council for 2010 (1):

— improving the quality and effectiveness of education and training systems in the European Union,

— facilitating the access of all to education and training systems,

— opening up education and training systems to the wider world,

and the 13 sub-objectives associated with them. These activities may include forward-looking approaches covering
the period up to 2010 and may cover both intra-European aspects and aspects concerning Europe's place in the
world.

The types of activity to be supported under this action consist of the implementation of the open method of
coordination in the field of education and training, notably through peer review, exchange of good practice,
exchange of information and setting of indicators and benchmarks.

These activities are, in particular:

— support for studies, inquiries and research linked to the achievement of the concrete future objectives,

— meetings of experts, seminars, conferences and study visits supporting the implementation of the detailed work

programme on the objectives,

— preparation and execution of information activities and publications seeking to raise awareness in education
and training circles, including those intended to promote the European Union's action in these fields and to
improve the quality, universal accessibility and openness to the wider world of European education and
training systems,

— various activities supporting Community action by involving players in civil society operating at national or

European level in the fields of education and training.

This action will be implemented by means of grants awarded following the selection of proposals submitted in
response to one or more calls for proposals.

Grants may be awarded to institutions based in one of the Member States of the European Union, in countries
belonging to the European Economic Area, or in candidate countries. For activities relating to the third objective
(opening up of education and training systems to the wider world), grants may exceptionally be awarded to
institutions based in other third countries.

The Community grant will not normally cover more than 75 per cent of the eligible costs of selected proposals.

The resources to be committed under Action 3B will be not more than 11 per cent and not less than 7 per cent of
the total budget available for this programme.

Action 3C: Support for training of national judges in the field of European law

Grants may be awarded under this action to support actions undertaken by organisations for judicial cooperation
and other actions designed to promote training in European law, notably for national judges.

Activities supported under this action may take place in Member States, in countries of the European Economic
Area, or in candidate countries.

Grants will be awarded under this action following the selection of proposals submitted in response to one or more
published calls for proposals. The Community grant will not normally cover more than 75 per cent of the eligible
costs of the activity set out in an approved workplan.

The resources to be committed under Action 3C will not be more than 4 per cent of the total budget available for
this programme.

(1) Detailed work programme on the follow-up of the objectives of Education and training systems in Europe (OJ C 142, 14.6.2002, p. 1).

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3.

TRANSPARENCY

The beneficiary of a grant awarded under any part of the programme shall indicate in a prominent place, such as a
website homepage or an annual report, that it has received funding from the budget of the European Union.

4.

CRITERIA FOR THE ASSESSMENT OF FUNDING APPLICATIONS

Requests for grant funding submitted in response to a call for proposals will be assessed in respect of the following
criteria:

— relevance to the objectives of the programme and of the specific action concerned,

— relevance to any priorities or other criteria set out in the call for proposals,

— the quality of the proposal,

— the likely impact of the proposal on education and/or training at European level.

5.

ELIGIBLE EXPENDITURE

In determining the amount of a grant awarded under any action of the programme, the Commission may have
recourse to flat-rate financing based on published scales of unit costs.

6. MANAGEMENT OF THE PROGRAMME

In the light of a cost/benefit analysis, the Commission may decide to entrust all or part of the tasks of managing
the programme to an executive agency, in conformity with Article 55 of the Financial Regulation. It may also have
recourse to experts and incur any other expenditure on technical and administrative assistance, not involving the
exercise of public authority, outsourced under ad hoc service contracts. It may also finance studies and organise
meetings of experts likely to facilitate the implementation of the programme, and undertake information, publi-
cation and dissemination actions directly linked to the achievement of the programme's objective.

7.

CHECKS AND AUDITS

7.1. The beneficiary of an operating grant shall keep available for the Commission all the supporting documents,
including the audited financial statement, regarding expenditure incurred during the grant year, for a period of
five years following the last payment. The beneficiary of a grant shall ensure that, where applicable, supporting
documents in the possession of partners or members be made available to the Commission.

7.2. The Commission may have an audit of the use made of the grant carried out either directly by its own staff or by
any other qualified outside body of its choice. Such audits may be carried out throughout the lifetime of the
agreement and for a period of five years from the date of payment of the balance. Where appropriate, the audit
findings may lead to recovery decisions by the Commission.

7.3. Commission staff and outside personnel authorised by the Commission shall have appropriate right of access, in
particular to the beneficiary's offices and to all the information, including information in electronic format, needed
in order to conduct such audits.

7.4. The Court of Auditors and the European Anti-Fraud Office (OLAF) shall enjoy the same rights, especially of access,

as the Commission.

7.5. In order to protect the European Communities' financial

the
Commission may carry out on-the-spot checks and inspections under this programme in accordance with
Council Regulation (Euratom, EC) No 2185/96 (1). Where necessary,
investigations shall be conducted by the
European Anti-Fraud Office (OLAF) and these shall be governed by Regulation (EC) No 1073/1999 of the
European Parliament and of the Council (2).

interests against fraud and other irregularities,

(1) OJ L 292, 15.11.1996, p. 2.
(2) OJ L 136, 31.5.1999, p. 1.

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STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

1. On 4 June 2003 the Commission submitted to the European Parliament and the Council a proposal
for a decision, based on article 149(4) and 150(4) of the EC Treaty, establishing a Community action
programme to promote bodies active at European level and support specific activities in the field of
education and training.

2. The European Economic and Social Committee delivered its opinion on 13 October 2003.

3. The Committee of the Regions decided not to deliver an opinion.

4. The European Parliament delivered its opinion on 6 November 2003.

5. In the light of the European Parliament's opinion the Commission will submit an amended proposal

for decision.

6. On 22 December 2003, the Council adopted its common position in accordance with Article 251(2)

of the EC Treaty.

II. AIM OF THE PROPOSAL

The proposal aims to support bodies and their activities which seek to extend and deepen knowledge of
the building of Europe, or to contribute to the achievement of common policy objectives in the field of
education and training, both inside and outside the Community.

1. GENERAL COMMENTS

In its common position the Council has approved the Commission's proposal in principle, while
making certain amendments which it thought desirable.

2. SPECIFIC COMMENTS

2.1. Amendments made by the Council to the Commission's proposal

2.1.1. Duration (article 1 para 3)

The Council has set the duration of the programme at three years to coincide with the
current financial perspectives.

2.1.2. Budget (article 6)

The budget has been set at EUR 77 million by the budgetary authority, also taking into
account the three-year duration of the programme.

2.1.3. Implementation (article 7)

A standard article has been introduced to clarify the Commission's role in the implemen-
In this connection a reference to annual reporting by the
tation of
Commission to the Council and the Parliament has been added to article 8.

the programme.

2.1.4. Monitoring and evaluation (article 8)

This article has been modified in the interests of simplification and coherence, and also in the
light of the shorter duration of the programme.

2.1.5. Other questions

The Council has introduced other modifications or clarifications, as appropriate:

— Reference to the Financial Regulation and its rules for implementation (recital 11)

— Participation of countries outside the Union (article 3)

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— Support for actions in relation to training of national judges (annex, action 3C).

2.2.

European Parliament amendments

2.2.1. Parliament amendments adopted by the Commission

The Commission adopted in full, in part or in essence 9 of the 13 amendments adopted by
the Parliament.

2.2.2. Parliament amendments adopted by the Council

The Council adopted in full, in part or in essence 3 of the amendments adopted by the
Parliament and adopted by the Commission. Those amendments are 1, 3 and 12.

2.2.3. Parliament amendments not adopted by the Council

In addition to the amendments not adopted by the Commission, and which were not
accepted by the Council, the Council did not accept the following amendments for the
reasons stated: 4, 6, 8, 9, 10, 11.

— Amendment 4

Financial provisions (article 6)

Since the Council has decided to set the duration of the programme at three years, and
since,
in the case of this decision, the final decision on the financial framework falls
within the competence of the budgetary authority, this amendment was not accepted.

— Amendments 6, 8, 9, 10 and 11

Percentage of resources allocated to actions (annex: action 1, action 2, action 3A, action
3B, action 3C).

these amendments, which concerned changes in the
The Council did not accept
percentages allocated to the various actions, since they are linked to the overall budget
of the programme.

III. CONCLUSIONS

The Council considers that its common position constitutes a balanced text, which will provide the
necessary support for the activities of bodies in the field of education and training over the period
concerned, and thereby facilitate reflection on future Community action in this area.