Proposal for a COUNCIL DECISION on the conclusion of an Agreement between the European Union and the Swiss Confederation establishing the terms and conditions for the participation of the Swiss Confederation in the ‘Youth in Action’ programme and in the action programme in the field of lifelong learning (2007-2013)
Date: 2010-08-09
Institutions: European Commission
Subjects: EU financing, EU programme, Switzerland, continuing education, cooperation agreement (EU), education, education policy, vocational training, young person, youth policy

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EUROPEAN COMMISSION 

Brussels, 9.8.2010 
COM(2010) 426 final 

2010/0231 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of an Agreement between the European Union and the Swiss 
Confederation establishing the terms and conditions for 
the participation of the Swiss Confederation in the ‘Youth in Action’ programme and in 
the action programme in the field of lifelong learning (2007-2013) 

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EXPLANATORY MEMORANDUM 

Following the results of the 1992 referendum, rejecting Switzerland's participation in the EEA 
Agreement,  Switzerland showed continued interest in closer cooperation with the EU in the 
education, training and youth sector. In a joint declaration on future negotiations attached to 
the seven agreements signed on 21 June 1999 by the European Community and Switzerland, 
the two parties stated that preparatory work for negotiations on Swiss participation in training 
and youth programmes should proceed rapidly after conclusion of the seven agreements. 

This area of cooperation was indeed broached during the next cycle of bilateral negotiations. 
Since the legal basis for the education, training and youth programmes which were in force in 
the  2000-2006  period  (Socrates,  Leonardo  da  Vinci  and  Youth)  did  not  provide  for  the 
participation  of  Switzerland,  it  was  agreed  to  postpone  the  negotiation  of  a  participation 
agreement until after the adoption of the programmes succeeding them. 

The  Decisions  of  the  European  Parliament  and  of  the  Council  of  15  November  2006 
establishing  the  ‘Youth  in  Action’1  programme  and  the  action  programme  in  the  field  of 
lifelong  learning2  for  the  period  2007  to  2013  provided  for  the  possible  participation  of 
Switzerland. 

In February 2008 the Council authorised the opening of negotiations with Switzerland with a 
view to concluding an agreement laying down the terms and conditions for its participation in 
the two programmes. Negotiations were completed in August 2009, and on 25 January 2010 
the  Council  adopted  a  Decision  approving  the  signing  of  the  Agreement  and  its  provisional 
application from 2011. 

The main issues addressed in the Agreement, signed on 15 February 2010, are the following: 

•  Projects  and  initiatives  submitted  by  participants  from  Switzerland  will  be  subject  to  the 
same  conditions,  rules  and  procedures  pertaining  to  these  programmes  as  are  applied  to 
Member  States,  regarding  in  particular  the  submission,  assessment  and  selection  of 
the 
applications  and  projects, 
implementation  of  the  programmes,  and  the  activities  related  to  the  monitoring  of  their 
participation in the programmes. 

the  national  structures 

the  responsibilities  of 

in 

•  Switzerland will make an annual financial contribution to each programme, as established 

in Annex II to the Agreement. 

•  As  regards  financial  control  and  audit  matters,  Switzerland  will  conform  to  European 
Union provisions, including controls by European Union bodies and controls carried out by 
the Swiss authorities, as established in Annex III.  

•  The Agreement will apply until the programmes come to an end, or until one of the parties 
notifies  the  other  party  of  its  wish  to  terminate  the  Agreement.  The  Agreement  may  be 
extended automatically if the programmes are extended without change. 

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Decision  No  1719/2006/EC  of  the  European  Parliament  and  of  the  Council  of  15  November  2006 
establishing the ‘Youth in Action’ programme for the period 2007 to 2013 (OJ L 327, 24.11.2006, p. 
30). 
Decision  No  1720/2006/EC  of  the  European  Parliament  and  of  the  Council  of  15  November  2006 
establishing  an  action  programme  in  the  field  of  lifelong  learning  for  the  period  2007  to  2013  (OJ  L 
327, 24.11.2006, p. 45). 

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•  The  Agreement  reflects  a  political  link  with  the  Agreement  on  the  free  movement  of 
persons signed on 21 June 1999 by ruling out an extension in the event of the termination 
of the Agreement on the free movement of persons. 

In  accordance  with  the  arrangements  made  for  agreements  previously  concluded  on 
Switzerland's  participation  in  other  European  Union  programmes,  a  Council  Declaration 
covers questions concerning the attendance of Swiss representatives at programme committee 
meetings, as observers, for the points which concern Switzerland. 

The  Commission  therefore  hereby  submits  to  the  Council  a  proposal  for  a  Decision  on  the 
conclusion  of  the  Agreement  between  the  European  Union  and  the  Swiss  Confederation 
establishing the terms and conditions for the participation of the Swiss Confederation in the 
‘Youth  in  Action’  programme  and  in  the  action  programme  in  the  field  of  education  and 
lifelong learning (2007-2013). 

The Council is invited to adopt the following proposal for a Decision. 

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2010/0231 (NLE) 

Proposal for a 

COUNCIL DECISION 

concerning the conclusion of an Agreement between the European Union and the Swiss 
Confederation establishing the terms and conditions for 
the participation of the Swiss Confederation in the ‘Youth in Action’ programme and in 
the action programme in the field of lifelong learning (2007-2013) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 165(4) and Article 166 (4), in conjunction with Article 218(6)(a) thereof,  

Having regard to the proposal from the European Commission, 

Having regard to the consent of the European Parliament3, 

Whereas: 

(1) 

(2) 

The  Commission  has  negotiated,  on  behalf  of  the  European  Union,  an  Agreement 
allowing the Swiss Confederation to participate in the "Youth in Action" programme 
and in the action programme in the field of lifelong learning (2007-2013), established 
respectively  by  Decision  No  1719/2006/EC4  and  Decision  No  1720/2006/EC5  of  the 
European Parliament and of the Council of 15 November 2006. 

The Agreement was signed, on behalf of the European Union, on 15 February 2010, 
subject  to  its  possible  conclusion  at  a  later  date,  in  accordance  with  the  Council 
Decision of .../.... 20106

. 

(3) 

The Agreement should be concluded, 

HAS ADOPTED THIS DECISION: 

Article 1 

The Agreement between the European Union and the Swiss Confederation adopting the terms 
and  conditions  for  the  participation  of  the  Swiss  Confederation  in  the  ‘Youth  in  Action’ 
programme and the action programme in the field of lifelong learning (2007-2013) is hereby 

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OJ C …,…, p.… 
OJ L 327, 24.11.2006, p. 30. 
OJ L 327, 24.11.2006, p. 45. 
OJ L … of …, p…. 

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approved  on  behalf  of  the  European  Union,  as  is  the  Declaration  of  the  Council  on  Swiss 
participation in committees. 

The texts referred to in the first paragraph are attached to this Decision. 

The  President  of  the  Council  shall,  on  behalf  of  the  European  Union,  give  the  notifications 
provided for in Article 3 and Article 5 of the Agreement. 

Article 2 

Article 3 

This Agreement is linked to the Agreement of 21 June 1999 between the European Union and 
its  Member  States,  of  the  one  part,  and  the  Swiss  Confederation,  of  the  other,  on  the  Free 
Movement of Persons, concluded by Council Decision of 4 April 2002. 

This  Agreement  shall  not  be  renewed  in  accordance  with  its  Article  3  in  the  event  of 
termination or denunciation of the Agreement referred to in the first paragraph. 

Article 4  

In the event of denunciation of this Agreement, the Commission shall be authorised to settle 
with Switzerland the consequences of such denunciation in accordance with Article 3 of the 
Agreement. 

Article 5  

The Union's position regarding the decisions of the Joint Committee of the Agreement on the 
Free Movement of Persons referred to in Article 4 of this Agreement shall be decided by the 
Commission  when  amendments  are  to  be  made  to  the  Annexes  to  adapt  them  to  the 
amendments of the acts of the Union referred to in the Agreement. For all other decisions of 
the Joint Committee referred to in Article 4 of this Agreement, the Union's position shall be 
decided  by  the  Commission  after  consulting  the  committees  of  the  Youth  in  Action 
programme and the action programme in the field of lifelong learning, in accordance with the 
procedure  referred  to  in  Article  9(2)  of  the  Decision  of  the  European  Parliament  and  of  the 
Council establishing the ‘Youth in Action’ programme and Article 10(2) of the  Decision of 
the European Parliament and of the Council establishing an action programme in the field of 
lifelong learning. 

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Article 6 

This Decision shall be published in the Official Journal of the European Union. 

Done at Brussels, 

For the Council 
The President 

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