Proposal for a Council Regulation concerning the implementation of the Agreements concluded by the EC following negotiations in the framework of Article XXIV.6 of GATT 1994, amending Annex I to Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff
Date: 2005-10-05
Institutions: European Commission
Subjects: Combined Nomenclature, Japan, New Zealand, World Trade Organisation, agreement (EU), customs duties, tariff quota

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 23.9.2005 
COM(2005) 450 final 

2005/0179 (COD) 

. 

Proposal for a 

RECOMMENDATION OF THE EUROPEAN PARLIAMENT AND OF THE 
COUNCIL  

on transnational mobility within the Community for education and training purposes: 
European Quality Charter for Mobility 

. 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1)  CONTEXT OF THE PROPOSAL 

110 

•  Grounds for and objectives of the proposal 

Mobility is one of the main objectives of the European Union's education and training 
policy,  provided  for  in  Articles  149  and  150  of  the  Treaty.  Not  only  does  it  help  to 
develop European citizenship and European awareness, by increasing understanding of 
cultural  and  linguistic  diversity,  it  also  supports  the  creation  of  a  European  area  of 
education  and  training,  in  accordance  with  the  strategic  objective  of  the  European 
Council of Lisbon of March 2000. 

The  Union's  education  and  training  programmes  have,  since  their  early  days, 
contributed  substantially  to  this  objective.  Indeed  the  Erasmus  programme,  within 
which over 1,000,000 young people have studied in another Member  State as part of 
their university studies, is a good example of an iconic action, one of few EU actions to 
have an identity recognisable to a very large number of its citizens. These programmes, 
which  cover  schools,  universities,  vocational  education  and  training  and  adult 
education1, have contributed to the development of a sense of "European citizenship" 
both  among  participants  and  among  all  those  around  them  -  parents,  family,  friends, 
work colleagues. 

The objectives of this proposal are, in essence: 

to  lay  down  a  common  statement  of  principles  whose  use  will  lead  to  greater 

(cid:31) 
efficiency and effectiveness in all types of organised mobility for learning purposes; 

(cid:31) 
more  specifically,  to  provide  a  reference  point  for  all  stakeholders  within  the 
integrated  lifelong  learning  programme  proposed  by  the  Commission  for  the  period 
2007 to 2013. 

Several positive outcomes are expected from the adoption of this proposal: 

Further  encouragement  of  mobility  for  learning  purposes.  This  is  valuable  for 
o 
personal  development,  but  it  also  enables  citizens  of  the  Union  to  exercise  their 
fundamental right to move and reside freely within the territory of the Member States. 

Mobility enriches the learning experience and encourages knowledge transfer, 
o 
thereby raising the overall quality levels of European education and training systems. 
This  will  help  Europe  in  its  efforts  to  become  the  most  innovative  and  most 
competitive knowledge based economy in the world.  

o 
Positive influences are also expected on the job market, on research capacity at 
European level and (as stated above) on the new generation of education and training 
programmes proposed by the Commission in 2004. 

This proposal does not set out to create a binding European legal framework. Even if 

1 

The Socrates programme covers schools (Comenius), higher education (Erasmus) and adult education 
(Grundtvig); the Leonardo da Vinci programme covers vocational education and training. 

EN 

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the  Treaty  permitted  this  -  which  it  does  not  -  it  would  be  wholly  inappropriate. 
Nevertheless,  Member  States  may  be  inspired  to  act  on  the  Recommendation  as 
appropriate.  The  Recommendation,  by  nature,  is  intended  as  a  reference  point,  to 
encourage transparency and coordination of mobility practices, and to help generate a 
climate of reciprocal understanding. 

120 

•  General context 

The EU institutions have adopted a number of instruments related to mobility over the 
last five years. The most significant of these are as follows. 

Following an informal meeting of Education Ministers in Paris in September 2000, the 
Nice  European  Council  in  December  2000  endorsed  a  Mobility  Action  Plan.  This 
includes a "toolbox" of mobility-related measures: its promotion, its funding, types of 
mobility,  and  finally,  how  to  make  the  most  of  periods  of  mobility  and  ensure 
recognition of the experience acquired.  

This was followed, in July 2001, by the adoption of Recommendation 2001/613/EC of 
the  European  Parliament  and  of  the  Council  on  Mobility  within  the  Community  for 
students,  persons  undergoing  training,  volunteers,  teachers  and  trainers2.  The 
Recommendation created a framework for promoting political cooperation to increase 
mobility in education and training. It set out to eliminate obstacles to mobility, ensure 
better  preparation  and  more  effective  reception  on  arrival;  and  it,  too,  addressed  the 
issue of recognising the experience gained abroad. 

The Recommendation also invited the Commission to set up a group of Member States' 
experts to coordinate the implementation of the Recommendation. It is on the work of 
that group, last reported on in its 2004 biennial report, that this draft Recommendation 
is based. 

In  February  2002,  the  Commission  adopted  an  Action  Plan  for  skills  and  mobility3, 
which  aims  at  advancing  the  principle  of  freedom  of  movement  of  workers,  at 
highlighting  the  importance  of  mobility  for  the  EU’s  employment  strategy,  and  at 
opening up European labour markets so that they are accessible to all from 2005.  

Further  to  this,  the  Commission  will  organise  in  2006  a  European  Year  of  Worker’s 
Mobility,  to  raise  awareness  of  a  number  of  legislative  issues  in  this  field,  such  as 
portability  of  pension  rights;  of  the  benefits  of  mobility  for  workers’  career 
development; and of existing European instruments supporting mobility. 

In addition, the Commission in its 2001 Communication “A Mobility Strategy for the 
European Research Area”4, supported by Council5, identified concrete actions both at 
Community  and  at  national  level,  to  exploit  mobility  as  a  key  instrument  for  career 
development  and  for  bringing  about  the  European  Research  Area,  as  well  as  a 
prerequisite to increase European capacities and performances in research. 

2 
3 
4 
5 

OJ L 215, 9.8.2001, p. 30. 
COM(2002) 72 final. 
COM(2001) 331 final of 20.6.2001. 
Council Resolution of 10.12.2001, OJ C 367, 21.12.2001. 

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Mobility  issues  have  subsequently  been  incorporated  within  the  general  “Education 
and Training 2010” work programme which is the education and training strand of the 
Lisbon Strategy. Under this programme, Member States and the Commission cooperate 
on  policy  issues  related  to  education  and  training.  Mobility  issues  are  specifically 
mentioned  as  one  of  the  13  objectives  of  this  programme  agreed  by  the  Barcelona 
European  Council  in  March  2002.  And  in  February  2004,  the  Council  and  the 
Commission submitted to the European Council their first Joint Interim Report6 on that 
process. The report underlines the need to increase the level and the quality of mobility 
in education and training. 

As  part  of  the  follow-up  work  under  the  “Education  and  Training  2010”  work 
programme,  the  expert  group  set  up  under  the  first  Recommendation  drew  up  a 
proposal for a “Quality Charter for Mobility in Education and Training”, the substance 
of  which  was  presented  to  the  Ministers  for  Education  at  an  informal  meeting  on  12 
July  2004  in  Rotterdam.  The  Dutch  Presidency  concluded  from  the  debate  that  there 
was  consensus  on  the  principles,  and  that  they  could  inform  qualitative  aspects  of 
mobility in the new generation of education programmes7. 

The  proposed  Recommendation,  which  builds  heavily  on  the  work  cited  above, 
presents in a single, readable form the principles set out above, enriched with material 
from  other  areas  concerned  with  mobility  (such  as  the  youth  world).  The  word 
"Charter" is used to underline the fundamental character of the principles proposed.  

It  will  be  noted  that  the  Recommendation  complements  existing  texts  in  its  field,  in 
particular the European Charter of Researchers8. 

130 

141 

•  Existing provisions in the area of the proposal 

The  proposed  Recommendation  complements  Recommendation  2001/613/EC  of  the 
European  Parliament  and  of  the  Council  of  10  July  2001  on  mobility  within  the 
Community for students, persons undergoing training, volunteers, teachers and trainers.

•  Consistency with other policies and objectives of the Union 

The  proposal  is  perfectly  consistent  with  the  declared  policies  and  objectives  of  the 
European Union. 

2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

211 

Consultation methods, main sectors targeted and general profile of respondents 

Section 1 has outlined the way in which the text was prepared, and has set out the role 
of 
the  2001 
Recommendation. The members of that group, who represent the Member States, have 

the  working  group  of  Member  States  experts  set  up  under 

6 
7 
8 

COM(2003) 685 final, Council 6905/04 EDUC 43. 
http://eu2004.minocw.nl/docs/nl/presidency_conclusions_rotterdam.pdf 
OJ L 75, 22.3.2005. 

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significant expertise, and recourse to further external expertise has not been considered 
necessary. 

212 

Summary of responses and how they have been taken into account 

See the first report on the follow-up to the Recommendation 2001/613/EC. 

•  Collection and use of expertise 

There was no need for external expertise. 

•  Impact assessment 

229 

230 

The need for the proposal, its scope, and its possible economic and social impact have 
already been discussed and endorsed by the working group with Member States and by 
the informal meeting of education ministers at Rotterdam, 11-13 July 2004. No further 
impact analysis is deemed necessary. 

3)  LEGAL ELEMENTS OF THE PROPOSAL 

305 

•  Summary of the proposed action 

The Recommendation consists of ten guidelines, addressed mainly to the sending and 
receiving organisations responsible for mobility. These may be summarised as follows: 

A. 

Before departure: 

Ensure that participants have access to reliable sources of guidance and information on 
opportunities and conditions for mobility; draw up a learning plan, which will provide 
a  framework  for  mobility;  ensure  prior  preparation  of  the  participant,  in  particular 
linguistic preparation, and ensure that the mobility experience contributes to personal 
and professional development. 

B. 

During the stay in the host country: 

Provide linguistic and logistical support for participants, including information and/or 
assistance on travel, insurance, residence requirements, social security, social services, 
tax  issues,  lodging,  etc;  appoint  a  mentor  to  provide  support  and  advice  to  help  the 
participant integrate properly. 

C. 

After the period of mobility: 

Ensure 
the  recognition  or  certification  of  diplomas  obtained  or  periods  of 
studies/training  carried  out;  assist  participants  back  into  their  social,  educational  or 
professional environments, in particular after long-term mobility; assess the outcome of 
the  mobility  and  advise  participants,  on  return,  how  best  to  use  the  competences 
acquired abroad.  

D. 

Generally: 

EN 

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Be  clear  about  who  is  responsible  for  acting  upon  the  various  parts  of  the 
Recommendation. 

The Charter should be regarded as "universal" in the sense that it covers all the possible 
types of educational mobility: formal and non-formal learning; short and long periods; 
school,  university  and  on-the-job  learning;  young  and  adult  learners,  etc.  This  means 
that its text is inevitably generic; it is not possible, within such a short text, to cover all 
possible  cases.  Its  principles  will  thus  have  to  be  adapted  to  circumstances,  and  in 
specific  cases,  some  of  its  points  will  be  more  or  less  appropriate.  The  principles 
contained in the Charter provide a European reference to be tailored to particular cases. 

310 

•  Legal basis 

The legal basis of the proposal is Articles 149(4) and 150(4) of the Treaty. The former 
deals with education, the latter with vocational training. Both enable the Council and 
the  European  Parliament,  acting  in  co-decision,  to  adopt  recommendations  for  the 
achievement of their objectives,  one  of  which  is,  indeed,  to support mobility  (Article 
149(2) second indent, Article 150(2) third indent). 

320 

•  Subsidiarity principle 

The  subsidiarity  principle  applies  insofar  as  the  proposal  does  not  fall  under  the 
exclusive competence of the Community. 

The  objectives  of  the  proposal  cannot  be sufficiently  achieved  by  the  Member  States 
for the following reason. 

The transnational nature of mobility means that it is difficult to cover it within any one 
Member State. 

Community action will better achieve the objectives of the proposal for the following 
reason(s). 

The  objectives  of  the  proposal  cannot  be  as  effectively  carried  out  by  the  Member 
States as by the Union. The trans-national nature of mobility means that it is difficult to 
capture within any one Member State. 

The  use  of  a  non-constraining  Community  instrument  provides  an  efficient  means  to 
adopt a recognised European point of reference to support organisations in all Member 
States. 

The text itself is limited to those elements which can usefully be adopted at European 
level;  for  example,  issues  of  the  make-up  and  provenance  of  funding,  and  practical 
organisational  issues,  are  left  to  those  competent  within  Member  States  or  mobility 
organisations. 

321 

324 

325 

327 

The proposal therefore complies with the subsidiarity principle. 

•  Proportionality principle 

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331 

332 

341 

342 

409 

560 

The proposal complies with the proportionality principle for the following reason(s). 

It does not go beyond what is necessary to achieve the objectives.  

It imposes no financial or administrative burdens or expenses. 

It will be noted that Member States, through their representatives on the expert group 
established  under  the  2001  Recommendation,  have  shared  this  work  and  support  the 
proposal. 

•  Choice of instruments 

Proposed instruments: recommendation. 

Other means would not be adequate for the following reason(s). 

This proposal is a follow-up to the first Recommendation (2001/613/EC) in this matter 
and the Community chose that form of instrument at that time. See also Article 149(4). 

4)  BUDGETARY IMPLICATION 

The proposal has no implication for the Community budget. 

5)  ADDITIONAL INFORMATION 

•  European Economic Area 

The proposed act concerns an EEA matter and should therefore extend to the European 
Economic Area. 

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2005/0179 (COD) 

Proposal for a 

RECOMMENDATION OF THE EUROPEAN PARLIAMENT AND OF THE 
COUNCIL  

on transnational mobility within the Community for education and training purposes: 
European Quality Charter for Mobility 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission (9), 

Having regard to the opinion of the European Economic and Social Committee (10), 

Having regard to the opinion of the Committee of the Regions (11), 

Acting in accordance with the procedure laid down in Article 251 of the Treaty (12), 

Whereas: 

(1)  Mobility in education and training is an integral part of the freedom of movement of 
persons  –  a  fundamental  freedom  protected  by  the  Treaty  –  and  one  of  the  main 
objectives  of  the  European  Union’s  action  in  the  field  of  education  and  vocational 
training; indeed, it is an essential tool for creating a European area of education and 
training and for developing European awareness. 

(2) 

Intensifying European mobility and exchanges for education and training purposes is 
an  objective  of  the  work  programme  to  make  Europe  the  most  innovative  and  most 
competitive knowledge based economy13 between now and 2010. The organisation in 
2006 of a European Year of Workers’ Mobility will also contribute to it. 

9 
10 
11 
12 
13 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
Lisbon strategy, Presidency conclusions http://www.kbn.gov.pl/is2000/pdf/word5.PDF. 

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(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

A first Recommendation of the European Parliament and of the Council14 was adopted 
in 2001 with the aim of facilitating Community action to encourage mobility. 

The work of the group of experts set up by the Commission in accordance with point 
III.a) of the above Recommendation, and the first follow-up report, while showing the 
progress made both at national and at European level as regards mobility for education 
and training purposes, demonstrate the need to focus not only on increasing mobility 
but above all on improving its quality. 

This  objective  can  be  achieved  by  adopting,  in  the  form  of  a  Recommendation,  a 
Quality  Charter  for  mobility,  laying  down  a  set  of  principles  in  this  field,  to  be 
implemented on a voluntary basis. 

Because the Charter incorporates the underlying principles of educational mobility, it 
constitutes  a  reference  framework  which  will  help  increase  exchanges,  develop 
recognition of study periods and help to establish mutual trust between the authorities, 
the organisations and all the stakeholders in mobility. 

The advantages of mobility strongly depend on the quality of the practical provisions: 
preparation,  support  and  recognition.  The  people  and  organisations  involved  can 
considerably improve its value by careful planning and suitable evaluation. 

It is desirable that the principles in question cover not only the period of mobility itself 
but also the period preceding and following it. 

A learning plan should be drawn up in advance. General preparation of the participants 
is also necessary. 

(10)  For  the  period  spent  abroad,  the  quality  of  mobility  can  be  enhanced  by  the 
designation  of  a  mentor  for  the  participant.  A  detailed  and  clear  description  of  the 
courses  and/or  training  which  have  been  followed  in  the  host  country  and  their 
duration, help to ensure that they are recognised on return. 

(11)  All  questions  related  to  finance,  in  particular  what  financial  support  is  available  and 

who bears the costs, should be solved before departure. 

(12)  Transparency  and  good  administration  call  for a  clear  definition  of  the  organisations 

and people responsible for each stage and action of the mobility programme. 

(13) 

In order to ensure the overall quality of mobility, it is desirable to apply the principles 
and  recommendations  above  mentioned  to  all  types  of  mobility  for  learning  or 
professional  development  purposes:  education  or  training;  formal  and  non-formal 
learning  including  youth  volunteering;  short  and  long  mobility  periods;  for  school, 
university or job-based learning; for young and adult learners, etc. 

14 

Recommendation  2001/613/EC  of  the  European  Parliament  and  of  the  Council  of  10  July  2001  on 
mobility  within  the  Community  for  students,  persons  undergoing  training,  volunteers,  teachers  and 
trainers, OJ L 215, 9.8.2001, p. 30. 

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(14)  Member  States  may  adjust  the  implementation  of  the  Charter  according  to 
circumstances, i.e. to adapt it to specific situations and programmes; to make some of 
the points compulsory and to consider others as optional. 

(15)  As the objectives of the present Recommendation, extending to all Member States, can 
be  better  achieved  at  Community  level,  the  Community  can  take  measures,  in 
accordance with the principle of subsidiarity provided for in Article 5 of the Treaty. To 
also  respect  the  principle  of  proportionality,  such  as  stated  in  the  same  Article,  the 
present Recommendation does not exceed what is necessary to achieve these goals. 

HEREBY RECOMMEND: that Member States adopt the attached European Quality Charter 
for mobility as a means to enhance personal and professional development. 

HEREBY  INVITE  Member  States  to  include  general  information  and  assessment  on  the 
actions  taken  in  response  to  the  recommendations  set  out  above  in  their  reporting  for  the 
Education  and  Training  2010  work  programme,  as  from  the  second  year  following  the 
adoption of this Recommendation. 

HEREBY INVITE the Commission: 

– 

– 

to  continue  to  cooperate  with  the  Member  States  and  the  social  partners,  so  that 
useful  information  and  experience  concerning  the  implementation  of  the  measures 
advocated in this Recommendation may be exchanged; 

the  present  Recommendation  as  forming  a  whole  with 

to  consider 
the 
Recommendation  2001/613/EC  of  the  European  Parliament  and  of  the  Council  and 
therefore  to  include  its  requested  biennial  reports  in  the  general  reports  of  the 
Education and Training 2010 work programme. 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

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ANNEX  

1. 

EUROPEAN MOBILITY QUALITY CHARTER 

Strengthened by the Mobility Action Plan of 200015 and the Recommendation of the European 
Parliament  and  the  Council  of  10  July  200116,  mobility  has  always  been  of  considerable 
interest to stakeholders. That Recommendation was broad in scope, addressed a whole range 
of important questions associated with mobility and was targeted at anyone who might benefit 
from  a  period  of  learning  abroad  (formal  and  non-formal);  including  students,  teachers, 
trainers, volunteers and people undergoing training. The second Recommendation, of which 
this  Charter  constitutes  an  integral  part,  has  the  same  scope  but  focuses  on  the  quality 
aspects  of  mobility,  as  proposed  by  an  expert  group  established  following  the  first 
Recommendation17.  It  will  help  ensure  that  participants  have  a  positive  experience,  both  in 
the host country and in the country of origin once they return.  

This  Charter  outlines  a  set  of  guidelines  applicable  to  mobility  undertaken  by  individual 
young  people  or  adults,  for  the  purposes  of  formal  and  non-formal  learning  and  for  their 
personal and professional development. It has been designed as a basic reference document; 
its content may be adapted to suit the duration of the mobility and the particularities of the 
various  educational,  training  and  youth  activities  as  well  as  the  needs  of  the  participants. 
Although  primarily  addressing  mobility  for  learning  purposes,  it  is  felt  that  these  quality 
guidelines will also be useful for other types of mobility, such as mobility for work. 

1. 

Guidance and information 

Potential  candidates  for  mobility  should  have  access  to  reliable  sources  of  guidance  and 
information on opportunities for mobility and the conditions in which it can be taken up.  

2. 

Learning plan 

Before  undertaking  any  kind  of  mobility  for  education  or  training  purposes,  a  learning  plan 
should  be  drawn  up  and  agreed  by  everyone  involved,  including  the  sending  and  hosting 
organisations  and  the  participants.  The  plan  should  outline  the  objectives  and  expected 
outcomes, as well as how these would be achieved. 

3. 

Personalisation  

Mobility undertaken for education or training purposes should fit in as much as possible with 
the personal learning pathways, skills and motivation of the participants, and be designed to 
develop or supplement them. 

15 

16 
17 

the  Council,  of  14  December  2000,  concerning  an  action  plan 

Resolution of the Council and the Representatives of the Governments of the Member States, meeting 
within 
for  mobility, 
OJ C 371, 23.12.2000. 
OJ L 215, 8.8.2001, p. 30. 
COM(2004) 21. 

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4. 

General preparation 

Prior preparation of the participants is essential, and should be tailored to their specific needs. 
It should include linguistic, pedagogical, practical, administrative, legal, personal, cultural and 
financial aspects, as necessary. 

5. 

Linguistic aspects  

Language  skills  are  essential  for  effective  learning.  Participants,  and  their  sending  and  host 
institutions,  should  pay  special  attention  to  linguistic  preparation.  Mobility  arrangements 
should include: 

•  before  departure,  language  assessment  and  the  opportunity  to  follow  courses  in  the 

language of the host country and in the language of instruction, if different; 

•  in the host country, linguistic support and advice. 

6. 

Logistical support 

Adequate  logistical  support  should  be  provided  to  the  participants.  This  could  include 
information  and  assistance  with  travel  arrangements,  insurance,  residence  or  work  permits, 
social  security,  accommodation,  and  any  other  practical  aspects,  including  safety  issues 
relevant to their stay. 

7. 

Mentoring 

The  hosting  organisation  (educational  establishment,  youth  organisation,  company,  etc.) 
should  provide  a  mentor  who  will  be  responsible  for  helping  the  participants  with  their 
effective integration into the host environment and will act as a contact person for obtaining 
further assistance. 

8. 

Recognition  

If  a  study  or  placement  period  abroad  is  an  integral  part  of  a  formal  study  or  training 
programme, this fact should be stated in the learning plan, and participants should be provided 
with  assistance  to  ensure  its  adequate  recognition  and  certification.  The  way  in  which  the 
recognition will work should be set out in the learning plan. For other types of mobility, and 
particularly those in the context of non-formal education and training, a certificate should be 
issued so that the participant is able to demonstrate his or her active participation and learning 
outcomes in a satisfactory and credible way. 

9. 

Reintegration and evaluation 

On return to their home country, participants should be given guidance on how to make use of 
competences and skills acquired during the stay. Appropriate help with reintegration into the 
social,  educational  or  professional  environment  of  the  home  country  should  be  available  to 
people  returning  after  long-term  mobility.  The  experience  gained  should  be  properly 
evaluated  by  participants,  together  with  the  organisations  responsible,  to  assess  whether  the 
aims of the learning plan have been met.  

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10. 

Commitments and responsibilities 

The  responsibilities  arising  from  these  quality  criteria  should  be  clearly  defined  and 
communicated  to  everyone  involved,  including  participants.  They  should  be  confirmed  in 
writing, so that responsibilities are clear to all concerned.  

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