Source: EURLEX
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COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 02.10.1996
COM(96) 462 final

## Education - Training - Research The obstacles to transnational mobility

##### Green Paper

(presented by the Commission)

TABLE OF CONTENTS

SUMI\1.ARY

PART A: TRANSNATIONAL MOBILITY AND WHAT IT MEANS

1 . MOBILITY AND EUROPEAN CITIZENSHIP

2 THE ADV ANT AGES OF MOBILITY IN TERMS OF EDUCATION, TRAINING

AND RESEARCH

3 MOBILITY IN THE CONTEXT OF COMMISSION INITIATIVES

4 THE STATE OF PLAY

5 THE OBJECTIVES OF THE GREEN PAPER

6 THE TARGET PUBLIC

PART B: THE OBSTACLES TO MOBILITY

1 PROBLEMS CONCERNING THE RIGHT OF RESIDENCE

2 NATIONAL DIFFERENCES IN THE SITUATION OF RESEARCH TRAINEES

3 COMPULSORY CONTRIBUTIONS

4 SOCIAL PROTECTION

5 RECOGNITION, CERTIFICATION, VALIDATION

6 THE TERRITORIALLY RESTRICTED NATURE OF NATIONAL GRANTS

7 SOCIOECONOMIC OBSTACLES

8 ADMINISTRATIVE OBSTACLES ASSOCIATED WITH THE ORGANISATION

OF SCHOOLS AND UNIVERSITIES

9 LINGUISTIC AND CULTURAL OBSTACLES

10 PRACTICAL OBSTACLES

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**PART** C: LINES OF ACTION

LINE OF ACTION 1: According specific status to trainees on placements and to
voluntary workers in the European Community

LINE OF ACTION 2: Equal treatment for all Community grant-aided research
trainees

LINE OF ACTION 3: Ensuring social protection for everyone benefiting from
transnational mobility as part of their training

LINE OF ACTION 4: Creating of a European area of qualifications

LINE OF ACTION 5: Removing territorial restrictions on grants and nationai
financing

LINE OF ACTION 6: Improving the situation of nationals of third countries
legally resident in the European Commission with regard
to training

LINE OF ACTION 7: Reducing the socioecionomic obstacles

LINE OF ACTION 8: Reducing linguistic and cultural obstacles

LINE OF ACTION 9: Improving the information available and administrative
practices

ANNEXES

Annex 1:

Annex 2:

Annex 3:

Annex 4:

Annex 5:

Annex 6:

Annex 7:

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Definition of the target categories

a) Transnational mobility in the context of Community programmes
b) Achievements and description of Community programmes in the
field of education and training

The context of and Community programmes relating to training and
mobility grants for researchers (Marie Curie grants).

Reference documents

Joint opinions of the social partners

Obstacles encountered in the European Community and countries of the
European Economic Area by beneficiaries of Community grants coming
fl om Central and Eastern European countries

Glossary

SUMMARY

The abolition of obstacles to the free movement of people is one of the basic objectives
of a united Europe, included since the Treaty of Rome. Indeed, the freedom to come and
go is one of the fundamental conditions for the existence of a true "citizens' Europe".
Without it, it is not possible to speak of a European social area. Equally, mobility is one
of the responses to current economic change - caused by the establishment of the single
market and the globalisation of trade - and its social consequences, notably in relation to
employment creation. It is a requirement of European research, which is disadvantaged
by its compartmentalisation and the dispersal of effort, and will thus return to the
Community the capacity for innovation that it sometimes lacks, notably in hightechnology sectors.

Why a Green Paper?

All of this de.eply affects an ever growing number of European citizens. The demand for
mobility wiH grow, as proven by the success of Community programmes promoting
transnational exchanges and placements of researchers, students, teachers, workers or the
unemployed undergoing training and trainers. In 1987/8 3,000 students and 745 teachers
benefitted from such mobility under the ERASMUS programme; by 1995/6 these figures
had grown to 170,000 and 14,000.

However it has to be acknowledged that even today there are still too many obstacles to
mobility and that capital, goods and services move more freely within the Union than
people, which can do no good to the attitude of its citizens towards the construction of
the European Community (EC). Such hindrances are encountered every day in the
implementation of Community programmes for education, training and research, and act
as a brake to the further development effectiveness of such programmes. This is
supported by anecdotal evidence, detailing where possibilities of training were not taken
up, as well as lost opportunities for exchanges, communication and cooperation between
students, teachers and researchers at European level. The obstacles to mobility
particularly affect young people from more deprived backgrounds and the unemployed.

According to the Treaty on the European Community, Community action should
encourage mobility in the areas of education, training and research. It is with-this in
mind that the Commission has drawn up a Green Paper on transnational mobility. This
document identifies obstacles to mobility and proposes for consideration some possible
lines of action to remove such obstacles. It answers an important need, expressed by the
Council of 21 July 1991 establishing the PETRA II programme, which related to the
obstacles to the mobility of young people undergoing initial vocational training.

29.09.96

What obstacles, what solutions?

After consideration of these obstacles - which are the object of concrete case studies - the
Green Paper proposes several Lines of Action. These should be considered, in the light
of their individual competences, by all those involved (the European Community, its
Member States, other responsible organisations and structures).

Five major obstacles have been identified :

1. An obstacle to transnational trajnin~ f'or the unemployed.

Case Study : Somebody looking for work and wanting to undergo training in
another Member State loses his rights to unemployment benefit and social
security if this training lasts longer than three months. In certain Member
States, on his return he must undergo further training in order to regain his
rights to benefits. In certain states, he automatically loses his rights on
leaving the state for more than three months.

Line of action : Extend to the unemployed in training Community law that
allows job searching in another Member State for six months without a loss
of rights and ensure the continued right to unemployment benefits for the
unemployed undertaking training in another Member State.

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II

2. Statutozy problems for trainees and young people doing voluntary work.

Case study:

a) A student wishing to take up a traineeship in a company in another
Member State is confronted in certain Member States with difficulties

in finding a host company, as legislation in certain Member States
would consider him as an employee, and the company would
therefore have to pay him at least a nominal wage and would be
responsible for associated social payments.

b) A young graduate undergoing an unpaid traineeship (unpaid either in
cash or in kind) in another Member State is not covered by
Community level coordination or rules relating to social security,
insofar as he is neither worker, or a member of a worker's family, nor
student. This lack of specific legal category means that he has no
rights in terms of social security, and can also lead to problems with
rights of residence if the training takes more than three months.

c) Volunteers find themselves in a similar situation when doing
voluntary work for a period of more than 3 months, as their position
is not recognised. In certain Member States, they are even required
to pay tax on their allowances and expenses for maintenance.

Line of action : Give a legal framework to the situation of trainees and
volunteers within the European Community .

. 3. - Territorial restrictiqn of student grants.

Case study : In most Member States, students entitled to grants or other
forms of assistance lose them if they pursue their studies in another Member
State : these grants are only paid for studies in the Member State paying
them. This situation has a most detrimental effect on young people from
less well-off backgrounds whose parents cannot take on the costs of their

                                                  children going overseas.

Line of action : Remove the "territoriality" of grants and other assistance.

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III

4. The fiscal arrangements for research flrants.

Case study : Community research grants are implemented differently-across
the Community depending on the status given to the researchers by the host
country, i.e. that of student, employee or self-employed. This leads to
divergent fiscal arrangements, and thus has a direct effect on the possibilities
of mobility for researchers. Certain Member States deduct up to 50% of the
value of the grant (in taxes and social security contributions).

This situation impacts on Community research policy. The Commission has
decided, within the Fourth Framework Programme, to compensate
researchers for such losses in income, by adapting the value of their grant.
This means that some of the budget intended to finance European research is
used to pay this compensation rather than being used for actual research and
becomes tax receipts in the Member State. There is also a reduction in the
number of researchers receiving a Community grant.

Line of action : Apply the same rules to Community funded researchers
in all Member States of the European Union, either by the exemption of
grants, or coordination of the rules applied in all the Member States.

5. Problems of mutual recognition of academic and vocational qualifications.

Case study : Employees wanting to undergo training in a country other than
their own can face problems due to the lack of mutual recognition of
qualifications, training courses and placements. This lack of recognition has
a very strong discouraging effect. The development of permanent
transnational training is greatly hindered and thus, as a consequence,
professional mobility with the European Union.

Line of action : Move towards mutual recognition of placements and
vocational training courses, extend the European credit transfer system
(ECTS) already established in higher education through Community action,
to the vocational training sector.

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IV

There are other obstacles to mobility in the area of education, training and research.
Some are of a general nature - weakness in foreign language skills or the -financial
position of the less well-off can have an effect on access to transnational training. Other
problems are more specific, such as the access of those resident in third-countries (pupils,
students and workers) to education and training activities in Member States other than
their host country.

The Green Paper emphasises the necessity of a concerted information campaign on the
issue of mobility : information for citizens, so that they are aware of the possibilities on
offer; but also information for the different public authorities and their agencies on
Community law, the lack of knowledge of the law and the rules applying to transnational
mobility, which do in themselves create an obstacle.

These obstacles are the object of suggestions for reflection, discussion and action among
all those concerned.

###### 29.09.96 v

PART A: TRANSNATIONAL MOBILITY AND WHAT IT MEANS

1 MOBILITY AND EUROPEAN CITIZENSHIP

Europe has now become an open area where, in principle, it is possible for all citizens
of the European Community to move from one country to another, as an integral part of
a unified whole. It is therefore essential that freedom of movement should be guaranteed
for all without hindrance.

Virtual mobility generated by the access to new information technologies, such as
teleworking complements mobility. However, it is important to observe that the tools of
the information society cannot replace actual physical mobility.

With this increasing freedom of movement should come a growing European
consciousness instilled through greater awareness of others as a result of exposure to new
cultures and societies. Mobility within the Community ought to contribute to the
development of solidarity between all Europeans at all levels and in all areas, helping to
raise standards throughout Europe and providing opportunities for all both at present and
in the future.

2 THE ADVANTAGES OF MOBILilY IN TERMS OF EDUCATION, TRAINING AND

RESEARCH

Personal mobility is a vital element of the European Community's investment in human
resources, which is seen as one of the keys to successfully meeting the economic, social
and cultural challenges of the 21st century. This mobility is encouraged by the
Commission through a variety of programmes for the transnational mobility of persons
who are keen to undergo training, broaden their horizons or contribute to training
activities in another Member State of the Community.

Transnational mobility also looks to foster improvement of the understanding of other
European societies and cultures; it also enhances the social skills of individuals, who
learn how to communicate and live within those societies and to respect diversity;
furthermore, it encourages the acquisition of linguistic skills and contributes to the
development of "European citizenship" complementing existing citizenship, of the country
of origin.

Transnational mobility also encourages cooperation between education and research
institutions and the world of work, thereby helping to improve the quality of education,
training and research. It affords greater scope for education, training and research, and
opens the door to the transfer of professional skills and knowledge, particularly in
innovative areas such as new technologies, new management methods and organisation
of work. A heightened sense of creativity, initiative and entrepreneurial spirit is thus
engendered. Transnational mobility offers a brighter future for all those who avail
themselves of the opportunity, helping them to adapt to the changing needs of the labour
market within the Community.

In the occupational sphere, mobility paves the way for the creation of an employment and
work area ori. a Community-wide scale. It gives each individual the opportunity to acquire

29.09.96

theoretical, practical and behavioural knowledge and, more broadly, skills and
qualifications suited to the Single Market.

In economic terms, mobility is an essential aspect of competitiveness in that it encourages
the sharing of the most significant innovative experiences as regards technology,
organisation and production.

_Parliament believes that increased student mobility is vital_ _in_ _order_ _to_ _provide_
_better qualified people who have experience_ _of_ _studying, living and working in_
_other Member States. It has_ _also,_ _on several occasions, stressed the importance_ _of_
_language learning in the interest_ _of_ _mobility, and_ _calledjor_ _the creation_ _of_ _a_
_European voluntary service._

_The Counci/_ _[2 ]_ _has,_ _in tum, advocated:_

  - _cooperation with the emphasis on fostering the mobility_ _of_ _studen/_L and_
_teachers,_      - _chiefly through the elimination_ _of_ _administrative and social_
_obstacles, focusing also on improving the teaching_ _of_ _foreign languages;_

  - _the promotion_ _of_ _measures_ _to_ _boost contacts between pupils and teachers_
_fro'!"_ _different countries._

_The social var(ners at European level_ _have,_ _for_ _their_ _part,_ _stressed the importance_ _of_
_promoting geographic and occupational mobility through_ _the_ _acquisition_ _of_
_sufficiently broad-based qualifications which_ _are_ _known and transferable at_
_European level. These qualifications should meet the needs_ _of_ _the labour market and_
_the ongoing process_ _of_ _technological and structural change_ _as_ _well_ _as_ _the aspirations_
_of_ _individual workers_ _[3]_ _._

Resolution on the Commission memorandum on higher education in the European Community, 15 July 1993, OJ C

255/161.

Resolution concerning language teaching in the Community, OJ C 68/105 of 14.3.1983 and Resolution on the use of
languages in the Community, OJ C 127/139of14.5.1984.
European Parliament Resolution of 22 September 1995 on the establishment of European civilian service, OJ C 2691232

of 16.10.1995.

Resolution of the Ministers for Education of 16 November 1971 on cooperation in the field of education (published in
"European educational policy s~tements", Council of the European Communities, Secretariat-General, 3rd edition, June
1987, Luxembourg, Office for Official Publications of the European Communities, 1988).
Resolution of the Ministers for Education meeting within the Council of 6 June 1974 on cooperation in the field of
education, OJ C 98 of 20. 8. 1974.
Conclusions of the Council and the Ministers for Education meeting within the Council of 27 November 1992 on measures
for developing the European dimension in higher education, OJ C 336of19.12.1992.
Conclusions of the Council and the Ministers for Education meeting within the Council of 6 October 1989, on cooperation
and Community policy in respect of education (situation in 1993), OJ C 277 of 31. l 0. 1989.
Resolution of the Council and the Ministers for Education meeting within the Council of 24 May 1988, on the European
dimension in education, OJ C 177 of 6. 7 .1988.

Joint opinion on "the future role and actions of the Community in the field of education and training, including the role
of the social partners". SEC (94) 1758, 24.10.1994.

29.09.96

2

3 MOBILITY IN THE CONTEXT OF COMMISSION INITIATIVES

The proposals contained in the White Paper "Growth, competitiveness and emp!!Jyment:
the challenges and ways forward into the 21st century (1993)" emphasise the importance
of mobility. They are based on two premises : human capital, the European Community's
greatest resource, gives it a competitive edge over third countries, and the diversity of
cultures, traditions, languages, research and training enhances the potential for adaptation
and the opportunities for development.

The White Paper on European social policy points out that the challenge to the European
Community is to create a genuine European mobility area in which freedom of movement
becomes not only a legal entitlement but also a daily reality [4] 

More specifically, the White Paper on education and training "Teaching and learning:
511
towards the learning society, which was approved by the Commission on 29 November
1995, points out that broad access to education and training calls for mobility between
educational establishments and that such mobility, which is now being actively
encouraged among the Member States, has to be reinforced. It considers that mobility
ought to enable individuals to exercise responsibility in building up their skills.
A further point made in the White Paper is that mobility has increased markedly
throughout Europe and the Community has made a significant contribution to this
process, particularly through action programmes in the field of education, training and
research, yet mobility levels remain unsatisfactory.

In the _White Paper on Innovation_ _[6]_ _,_ the Commission's proposed areas of action include
measures to encourage the mobility of students, engineers and researchers in the context
of the 'Leonardo da Vinci' programme and the programme for Training and Mobility of
Researchers.

In its working document "Towards a European Voluntary Service for Young People" [7],
the Commission draws attention to the need to clarify the status of young voluntary
workers in Europe. Lack of such clarification is a further hindrance to the free movement
of these young people and poses various tax and social security-related problems.

The 'Citizens First' initiative, which will be launched by the Commission at the end of
1996 aims, through guides and national publications, to inform European citizens about
their rights and possibilities for, among other things, study, work, travel and residence in
the European Community.

Also of note are the activities of the high-level group of experts chaired by Ms Simone
Veil, which was set up by the Commission [8 ] to examine the persisting obstacles to the free
movement of workers and individuals. Once the report, due for February 1997, has been

COM(94) 333 of 27 July 1994

Published by the Office for Official Publications of the European Communities (ISBN+92+827+5699+8)

Green Paper on Innovation, COM(95) 688 final of 20 December 1995

Commission working document, XXIl/24/96

Communication to the Commission of 24.1.1996 - High-level group of experts on the free movement of persons.

29.09.96 3

completed, the Commission will publish a White Paper proposing ways of removing the
obstacles thus identified, be they of a legislative, administrative or practical nature.

Finally, the communication approved by the Commission on 5 June 1996 pro-poses a
"European Confidence Pact for Employment", the broad outlines of which were taken up
by the European Council in Florence on 20-21 June 1996. It sets out a certain number
of measures to combat unemployment and exclusion more effectively, with increased
focus on future growth areas with more potential for job creation. The general strategy,
which is designed both to increase company competitiveness and to promote employment,
must also take into account qualifications and sectoral and geographical mobility.

4 THE STATE OF PLAY

The Community programmes on education, training and research have contributed to
developing mobility in the Community by enabling a growing number of young people,
students, workers and researchers to undergo training in another Member State (see
annexes 2 and 3).

Freedom of movement for persons is one of the fundamental principles of the Treaty of
Rome [Article 3(c)] (hereinafter referred to as the EC Treaty). Several provisions of the
Treaty deal with mobility. For instance, Article 8a confers on every citizen of the Union
the right to move and reside freely within the territory of the Member States, subject to
the limitations and conditions laid down by the Treaty and by secondary legislation.
Depending on the categories of persons and matters covered, the right to intra-Community
mobility is governed by the provisions on freedom of movement for workers, freedom
of establishment, provision of services and many other instruments of secondary
9
legislation 

The added value of transnational mobility has been officially recognised by inclusion in
the EC Treaty where, for the first time, it is stated in Articles 126, 127 and 130g(d) that
transnational mobility should be encouraged and should form an integral part of
Community policy in the fields of education, training and research.

With regard to the development of quality education in the Community, Article 126(2)
specifies that "Community action shall be aimed at encouraging mobility of students and
teachers, inter alia by encouraging the academic recognition of diplomas and periods of
study".

Article 127, under which the Community is to implement a vocational training policy,
also stipulates that "Community action shall aim to encourage mobility of instructors and
trainees and particularly young people".

Persons targeted by this Green Paper may, for example, fall within the scope of one or other of the following instruments:
Directive 68/360 of 15 October 1968 on the abolition of restrictions on movement and residence within the Community

for workers of the Member States and their families: OJ L 257, 19.10.1968;

Regulation No 1612168 of 15 October 1968 on freedom of movement for workers within the Community: OJ L 257,

19.10.1968;
Directive 73/148 of 21 May 1973 on the abolition of restrictions on movement and residence within the Community for
nationals of the Member States with regard to establishment and the provision of services: OJ L 172, 28.6.1973;
Directive 90/364of28 June 1990 on the right of residence: OJ L 180, 13.7.1990;
Directive 93/96of29 October 1993 on the right of residence for students: OJ L 317, 18.12.1993.

29.-09.96

4

In the interest of strengthening the scientific and technological bases of the Community's
industry, encouraging it to become more competitive at international level and promoting
research activities, Article 130g( d) states that "the Community shall carry out the
following activities, complementing the activities carried out in the Member States:
stimulation of the training and mobility of researchers in the Community".

5 THE OBJECTIVES OF THE GREEN PAPER

In spite of an unquestioned resolve to promote mobility and the numerous legal
provisions adopted in connection with the Single Market, there are still obstacles to
genuine freedom of movement for persons undergoing training, including training through
research, and those working in training.

Transnational mobility, as considered in this Green Paper, will not therefore be limited
solely to the initiatives taken under Community action programmes. Account will be
taken also of all transnational mobility-oriented measures designated as "spontaneous".

Mobility-oriented activities may be bilateral or multilateral, developed at different levels
(regional, local, etc.) and may derive from initiatives in the public sector (regional
councils, local authorities), the semi-public or the private sector (Chambers of Commerce,
foundations, the social partners, etc.), or may be purely personal. Participants include
education establishments, education and training structures, research centres/institutes, the
social partners, young people's organisations and voluntary associations.

It should be stressed that the obstacles to mobility are necessarily more difficult to
overcome for those who "spontaneously" seek to undertake training in another Member
State.

This Green Paper does not seek merely to describe the difficulties faced nowadays by
persons moving from one country to another for training purposes. It highlights certain
problems within the competence of the Community and the Member States, in line with
the principle of subsidiarity, in the fields of education, training and research. It proposes
lines of action intended to stimulate debate both at Community level and within the
Member States, putting forward points for consideration with a view to finding solutions
to the obstacles which are still encountered by those concerned.

The Commission intends to follow-up the consultation launched by the Green Paper with
concrete initiatives, appropriate within its field of competence.

29.09.96 5

6 THE TARGET PUBLIC

This Green Paper takes into consideration nationals of a Member State of the EC or the
European Economic Area (EEA [10] ), as well as non-nationals who are legally resident in
the European Community on a permanent basis.

At a later date, particular attention should be given to nationals of Central and Eastern
European countries, Malta, Cyprus, who came to live in a Member State of the
Community in the context of their participation in Community programmes from 1997.

It also targets students and young people, including those holding university degrees, as
well as language assistants, researchers, teachers and trainers, and voluntary workers.

A number of those falling within the above categories may be regarded as wotke~ within
the meaning of Article 48 of the EC Treaty, thereby enjoying the attendant rights (being
entitled in particular to equal access to employment and to equal treatment in respect of
living and working conditions and the right of residence) [11] 

To qualify as an employed person under Community law, the worker concerned must be
a Community national and: be engaged in actual activities, be working under an
employment contract, and be receiving pay.

In the case of children of migrant workers, who have often been settled in the host
country for a long time, intra-Community mobility does not mean living and studying in
the country to which the parents moved for their job, but moving to another Member
State, which may in some cases be the family's country of origin [12] 

                    
               - *

to

II

12

29.09.96

Island, Lichtenstein, Norway

The concept of "worker" takes on a Community dimension, as clarified by the Court of Justice of the European
Communities, and is distinct from the designation of the person concerned under the national law of the host country as
an employee, self-employed person or even student

On this point cf. the judgment of 13.11.1990, Case C-308/89, di Leo.

6

**Part B:** TlIE OBSTACLES **TO MOBUJTY**

Persons moving from one country to another, whether within the framework of
Community programmes or in another context, are normally protected by the principles
which underpin Community law.

Community workers and members of their family benefit from the Community rules when
they exercise their right to freedom of movement both on an individual basis and in
conjunction with a Community programme.

Nationals of the Member States of the European Community are entitled to study and
undergo training anywhere within the Community, whether they move to another Member
State for that purpose or whether they themselves or their parents are already resident in
a Member State as an employed or self-employed person. European citizens therefore
have the right to engage in education, although the scope of such entitlement is not the
same in all cases.

As the Court of Justice of the European Communities has confirmed on several occasions,
access to courses of vocational training and education falls within the scope of the EC
Treaty [13] - The concept of "non-discrimination on grounds of nationality", a fundamental
principle of Community law, has thus been given a broad interpretation through
development of the concept of "indirect discrimination" to mean any measure which,
while not in itself constituting discrimination between nationals and non-nationals, would
in practice result in a specific handicap for the latter category.

However such obstacles still exist. A distinction can be made between those which

actually prevent mobility and those which make it difficult. They may be of a purely
legislative nature or may just as easily be caused by such factors as overly stringent .or
lax application of legislation, erroneous or unduly restrictive interpretation of Community
law in the Member States, or even administrative "difficulties". There are, however, other
barriers of an economic, linguistic, practical or basically psychological nature which
somehow hinder transnational mobility.

The diversity of national circumstances, together with insufficient coordination and
information in the Member States can equally create obstacles to mobility.

1 PROBLEMS CONCERNING THE RIGHT OF RESIDENCE

Citizens of the European 'Union engaged in training or research training or working
professionally in training in another Member State are unable to benefit from the
provisions of Community law.

13

29.09.96

This field is now covered by Articles 126 and 127 of the EC Treaty. It should be borne in mind that there is a substantial
body of Court of Justice case law (including the Forcheri and Gravier judgments on the direct applicability of Article 7,
which has now become Article 6 of the Treaty).

7

Students in vocational training are covered by Directive 93/96 on the right of residence
for students [14] - They must meet the conditions laid down by this Directive, which are: to
be enrolled in a recognised educational establishment for the principal purpose of
following a vocational training course, to have sickness insurance cover, and toprovide
the competent authority, by means of a declaration or by such alternative means as the
student may choose that are at least equivalent, with evidence of sufficient resources to
avoid becoming a burden on the host Member State.

Students who meet these conditions have right of residence for the duration of their
training course. This right is evidenced by a residence permit, obtained by presentive their
identity card or passport and providing the required proof of sufficient resources, sickness
insurance and enrolment in a recognised establishment. Where the training course lasts

~ore than one year, the residence permit may be restricted to one year, renewable
annually.

Nevertheless, there may well be a number of people engaged in training who are unable
to claim any entitlement under Directive 93/96 because their course is not at a
"recognised establishment" within the meaning of the Directive.

For the other citizens of the European Union moving within the Community for the
purposes of obtaining or providing training, it is worth considering whether they could
be regarded as workers within the meaning of Article 48 EC. Definition as a "worker"
is, however, not a straightforward matter in certain circumstances, and it is up to the
national courts to decide, case by case, whether the circumstances present the essential
characteristics of an employment relationship, where appropriate basing their decision on
a preliminary ruling by the Court of Justice.

Persons on short-term placements and researchers can also be classified as workers under
Article 48 if they provide services for a certain time for and under the management of
a third party, for which they receive remuneration [15] 

It is also possible for an individual engaged in training to claim the right of residence in
connection with the provision of services as covered by Directive 731148 of 21 May
1973. The persons concerned may be providers of services (e.g. persons providing paid
tuition in a training establishment for a limited period) or service recipients (e.g. persons
following training courses on a paying basis).

The right of residence of the provider or receiver of services lasts for the duration of the
training course. If this extends beyond three months, the right of residence is evidenced
by a residence permit for which the person concerned must present his or her identity
card or passport along with evidence of the service he or she intends to supply or receive.

Finally, persons not falling within any of the above-mentioned categories can claim the
right of residence under the terms of Directive 90/364 on the right of residence. Such

14

IS

29.09.96

Directive 93/96of29 October 1993 related to the right of residence of students, OJ L 137of18.12.1993.
Children of migrant workers remain covered, where their right of residence in the parents' host country is concerned, by
the provisions on the right of residence of employed and self-employed workers, up to the age of 21 or as long as they
are dependent on their parents. They are also covered by the provisions entitling them to equal treatment with nationals
of the country concerned.

The right of residence of workers is evidenced by a residence permit obtainable upon presentation of a passport or identity
card and evidence of employment.

8

persons may, on the basis of this Directive, have the right of residence on condition that
they have sufficient resources and sickness insurance cover in respect of all risks in the
host Member State. These two requirements of resources and sickness insurance have
been incorporated into the national legislation of those countries which have transposed
the Directive. They may, in many cases, comprise an obstacle, particularly for people
in a vulnerable social situation.

In a certain, if limited, number of cases, the person concerned is not covered by any of
the situations provided for in secondary legislation. One example is the case of persons
who cannot provide evidence of sufficient resources to benefit from Directi~e 90/364.

For stays of over three months - and many training periods are longer than three months students must apply to the authorities in the host Member State for a residence permit,
for which they must present a certificate of enrolment in an educational or training
establishment and a declarati~n of adequate resources and sickness insurance cover.

a) Trainees on placements and voluntuy workers

Because of their lack of specific legal status, people on industrial placements in another
Member State, i.e. young people who are neither students nor workers/officially
unemployed (i.e. with no entitlement to unemployment benefit), encounter serious
difficulties and in some cases are actually unable to move to another country.

Under Community law, it is up to the national courts to establish, case by case, whether
the circumstances of a placement present the essential characteristics of an employment
relationship, i.e. actual performance of activities, employer/employee relationship and
remuneration. All citizens of the Union have ;:1 three-month right of residence in another
Member State as tourists (in the category of receivers of services under Directive 73/148),
for which they require only an identity card or passport. If, however, young people wish
to prolong their stay abroad beyond three months, which is encouraged in the European
Community's action programmes [16], they must apply to the authorities in the host Member
State for a residence permit, for which they must present, as appropriate, a certificate of
paid employment or of enrolment in an educational or training establishment, as well as
evidence of adequate resources and sickness insurance cover, which may be difficult if
they have ceased to be students and are on an unpaid placement.

Such problems can also apply to language assistants participating m the
SOCRATES/LINGUA programme.

The problems affecting trainees on placements also apply to voluntary workers, as they
have no specific status.

For trainees and voluntaiy workers, the Green Paper proposes Line of Action
1, page 25

_J(,_

Industrial placements can last up to 12 months, as is the case under the Community's LEONARDO da VINCI programme.

29.09.96 9

b) Nationals of thinl countries legally resident in a Member State of the European
Community

                                                    The situation of third country nationals wishing to enter a Member State in order to study
is currently governed by national law in the Member States. The latter have, however,
been urged to base their approach on the principles set out in the Council Resolution of
30 November 1994 on the admission of third country nationals to the territory of the
Member States of the European Union for study purposes.

Generally speaking, the right of residence in one Member State does not confer any
particular entitlement to apply for the right of residence in another. As a rule, however,
residents of a Member State can enter another Member State for a maximum of three

months (with or without a visa depending on their nationality), without losing their right
of residence in the initial country. They may not engage in any paid activity during the
three-month period, but are usually authorised to pursue certain training activities
(summer courses, language courses, etc.).

The Schengen Agreement [17 ] puts a residence permit on an equal footing with a visa.
According to this principle, a national of a third country with a residence permit issued
by a Schengen country can enter other Schengen countries without first obtaining a visa.
Such persons must be in possession of an identity document and residence permit when
entering another Schengen country.

This principle of equivalence means that, irrespective of the purpose of the trip to the

- other Member State, nationals of third countries who are in possession of a residence
permit no longer need a visa for short stays. This also applies to short-term training visits.
However, the Schengen Agreement is principally concerned with short visits, and does
not cover long stays (i.e. over three months), access to employment or engagement in
self-employed activities.

The principle of equivalence between residence permit and visa is also contained in the
proposal for a Council Directive on the right of third-country nationals to travel in the
Community (COM (95) 346 final), for stays of less than three months. This Commission
proposal is currently being examined by the Parliament and the Council.

If the proposal is adopted, nationals of third countries in possession of a residence permit
who wish to visit another Member State for a period of less than three months, including
-those visiting the country for study purposes, will have their residence permit recognised
as the equivalent of a visa.

For nationals of thinl countries, the Green Paper proposes Line of Action 6,
page 28

17

For the moment. the Schengen Agreement applies in seven Member States: B, D, FR. ES, L, NL and P.

29.09.96 10

2 DIFFERENCES AMONG MEMBER STATES IN THE TREATMENT OF RESEARCHERS

Research trainees in receipt of the Community "Marie Curie" mobility grants who move
within the Community do not have the same status in all Member States. Each Member
State applies its own rules to researchers in respect of social security contributions and
direct taxation. While in the majority of cases they are considered as employed workers,
they sometimes have the status of students or self-employed workers. These differences
in the rules applied to researchers and the grants they receive have an impact on two
levels.

Firstly, they affect the amount of Community funds actually directed into research. When
the Community allocates a grant, either through an intermediary institution in the host
country or directly to the recipient, application of the rules in force in the host country,
with the corresponding compulsory contributions, has a direct influence on the final
amount of the Community grant going into the research once the recipient has paid the
compulsory contributions under the system in the host country. 

The second major consequence is that the differences in the national compulsory
contribution systems can affect the relative attractiveness of the Community grants
available under joint research projects financed by the Community in the different
Member States. This then biases the choice of host institution, which is overly influenced
by financial considerations when it should be based essentially on scientific criteria. If
these differences persist, they may eventually discourage potential candidates from
applying for Community grants for the purposes of undertaking research in another
Member State and provoke a "brain drain" to third countries offering better conditions.

For implementation of the programme on Training and Mobility of Researchers, the
Commission set up, on the basis of the conclusions of the 15.12.94 Research Council,
a temporary scheme ensuring that the legal, financial and social conditions applying to
grant-aided research trainees are comparable to those applying to researchers of an
equivalent level who are nationals of the host country, while allowing the differences in
status between Member States to remain. 

The conclusions stated that a "single system should be implemented to standardise
conditions for research trainees in receipt of grants in the different Member States,
making them comparable with those offered to researchers of the same level in the host
country".

Such a system has been proposed on the basis of Article 130 I (adoption of the
framework programme) and in accordance with the European Parliament's opinion on the
Commission proposal concerning the programme on training and mobility of
researchers [18] - The Commission presented an amended version of this proposal [19], which
envisaged setting up a single system of research training grants, with exemption from
national income tax for such grants paid directly by the Commission to the researchers
concerned. The Council Decision [20 ] adopting the programme on the training and mobility

JR COM (94) 68 final of 30.4.94

19 COM (94) 243 final of 3.6.94

94/916/EC of 15.12.94

29.09.96 11

of researchers did not include either the principle of a single system or that of exemption
from national taxation.

~
It is therefore important to find ways of improving the situation of Community grantaided researchers, which will probably mean making changes in certain areas such as
labour law and taxation systems which, as Community law stands at the moment, are
mainly the preserve of national policy.

For Community-funded researchers, the Green Paper proposes Line of
Action 2, page 25

3 COMPULSORY CONTRIBUTIONS

These include both tax and social security contributions. The tax systems applied in the
Member States cannot in themselves be considered an obstacle to mobility, except where
they fail to respect the fundamental principles of Community law. However, the-risk of
discrimination should not be underestimated, in circunstances where an individual is
subject to the fiscal regime of one country and the social regime of another. The
coherence wich exists in one country between fiscal and social arrangements cannot be
guaranteed when these two different sets of legislation are applied in different countries.

3.1 Direct taxation

Policy on direct taxation is, in principle, the competence of the Member States. The latter
must, however, respect the fundamental rules laid down by Community law, particularly
in respect of the free movement of persons, such as non-discrimination on grounds of
nationality and the principle of equal treatment. Differences can exist in the way grants
are treated for tax purposes in different Member States because of the way they are

classified.

In many countries, grants and other awards received by persons engaged in training are
regarded as income and as such are subject to personal income tax. In others, they are
classed as reimbursement of expenses and not as taxable income. There is also a risk of
double taxation for employed persons exercising their right to move from one country to

another.

In international fiscal law, taxability is based on the criterion of tax domicile. Persons
resident in one country, i.e. their domicile for tax purposes, are generally obliged to
declare all their income to the authorities of that country, irrespective of whether that
income is from internal or external sources. Non-residents, on the other hand, are
generally taxed only on income received in that country. These competing demands in
21
the law can lead to double taxation 

It is therefore possible for persons engaged in training to be taxed on their grants by both
the country of origin and the host country.

21

29.09.96

International double taxation exists where a person is subject to tax on the same income by more than one country;
economic double taxation exists where two different persons are subject to tax on the same income.

12

On the whole, of course, double taxation is avoided by application of the rules on
precedence in taxation rights set out in the international agreements, most of which follow
the model convention drawn up by the OECD [22] - These do not, however, cov~r all the
instances of double taxation which could arise in the event, for example, of conflicting
interpretation of certain provisions by the countries concerned. Furthermore, such
agreements do not always exist. The existing agreements within the Community do not
cover all the 105 possible combinations. Ten or so bilateral agreements are lacking or are
not yet in force.

a) Students

Students are, without exception, exempt from taxation in the host country on sums
received from abroad which are intended to cover their costs. Article 20 of the OECD

Model, on which other agreements are generally based, contains the principle that sums
received by students or business apprentices should be tax-exempt. Such sums must be
intended to cover maintenance and study/training costs and be received from sources
outside the territory of residence. The exemption applies only to persons who are or were
immediately before visiting a contracting State resident in another contracting State and
whose visit is solely for the purpose of pursuing their studies or training.

This exemption does not apply to sums received from within the territory in which the
person concerned is resident. This is the case where the grant is paid by the host country
or by an institution or company established there. In these circumstances, the grant is
taxable in the host country under its own national law2 [3] 

b) Voluntaiy worlcers

Some Member States regard as taxable income allowances, board and lodging and
subsistence costs paid to voluntary workers. Volunteers can be subject to deductions at
source, and even if they are subsequently able to claim a rebate if their total income is
below the minimum tax threshold, this can cause them difficulties in the short term.
There is also a possibility of double taxation, depending on the length of time the
voluntary worker is resident in the host country and the double taxation agreements in
force between the host country and the country of origin. Volunteers may be taxable in
the host country on income from sources unconnected with their voluntary service, if they
are considered resident for the purposes of national tax law. They may have to deal with
a lot of administrative red tape in the host country, such as the formalities for applying
for a tax rebate, or providing evidence of domicile in the country in which they are
normally resident.

22

29.09.96

In 1963 the OECD Fiscal Committee drew up a draft convention on double taxation of income and of capital. Commonly
known as the "OECD Model", this has been regularly updated and is intended to harmonise fiscal agreements between Member States and give standard principles, definitions, rules and interpretations. In a recommendation, the OECD Council
requested the governments of the Member States to follow this model when concluding or revising fiscal agreements. All
the Member States of the European Community are members of the OECD.

On this point, the 1992 judgment of the Danish fiscal court of 12 June 1991 (650-8896-00014), ruling that the Ministry
of Economic Affairs' attempts to add the ERASMUS grant to students' "salary" (in Denmark, students are normally paid
a "salary") were illegal, is quite illuminating. Those concerned would thus have moved into a higher tax bracket. Following
the ruling, Denmark made mobility grants, including the ERASMUS grants, tax-exempt, thereby recognising that the grant
is not a salary but intended to cover subsistence and travel costs.

13

The treatment of the host organisations as employers would mean social security
contributions having to be paid in respect of voluntary workers and would also involve
complex administrative procedures, such as the obligation to complete annual t~returns.

For voluntaiy woke~, the Green Paper proposes Line of Action 1, page 25

c) Teache~

Teachers encounter certain tax obstacles if moving from one country to another for a long
period. Studies by the Liaison Committee of Rectors Conferences in 1993 demonstrated
the difficulties created by the substantial differences in net income caused by differences
in national legislation [24] 

d) Researche~ in receipt of Community grants

Researchers can also encounter obstacles as a result of the taxation system to which they
are subject (see point 3.2). The provisional arrangements put into place by the
Commission still present the problem of taking funds from the Community research
budget.

For Community-funded researche~, the Green Paper proposes Line of
Action 2, page 25

3.2 Social security contributions

The Community rules enabling the legislation applicable to social security, including
contributions, to be determined, were laid down by Council Regulation 1408171 of 14
June 1971 on the application of social security schemes to employed persons and their
families moving within the Community [25] - Since 1 January 1994, these rules have also
been applicable to nationals and to the social security systems of the 18 Member States
of the European Economic Area (EEA).

The objective of this Community Regulation is purely one of coordination, and it does
not affect in any way the freedom of Member States to determine their own social
security systems. Its aim is to make workers moving within the Community subjec.t to the
social security system of a single Member State in order to avoid the complications which
can ensue when the legislation of more than one country is involved. It also means that
no Member State other than that to whose legislation the worker concerned is subject is
entitled to require contributions from that worker.

The rules set out in this Regulation are binding, which means that the persons concerned
cannot be free to choose the legislative system to which they would prefer to be subject,

Rectors Conference, Liaison Committee of Rectors Conferences, Brussels, 1993.

_25_ Consolidated version published in OJ C 325 of 10.12.1992

29.09.96 14

and the Member States have no power to determine the extent of their own jurisdiction
or that of another Member State.

Only the legislation of one country can be applicable at any one time. The persons
concerned cannot be subject during the same period to different insurance schemes under
the legislation of two or more Member Stat~s.

The point of departure of Regulation 1408/71 is the principle of _"lex loci laboris",_ i.e. a
person employed in the territory of one Member State is subject to the legislation of that
Member State even if resident in another Member State or if the registered office or place
of business of the undertaking or individual employing him or her is situated in the
territory of another Member State.

There are exceptions to this principle which are expressly provided for in the Regulation.
One such exception is the case of persons employed in the territory of a Member State
by an undertaking to which they are normally attached who are posted Jzy that
undertaking to the territory of another Member State to perform work there for that
undertaking. Such persons continue to be subject to the legislation of the first Member
State, provided that the anticipated duration of that work does not exceed 12 months.
Provision is also made for two or more Member States, or the competent bodies
designated by them, to provide for other exceptions by common agreement in the interest
of certain categories of persons or of certain persons.

The social security legislation applicable under these rules does not always correspond
to tax legislation (see point 3 .1 ).

Furthermore, the rules are applicable only to Community nationals insured as employed
or self-employed workers and their families as· they are within the scope of Regulation
1408/71, which excludes some of the categories targeted by this Green Paper, notably all
workers who are nationals of third countries, even those who are legally resident in a
Member State.

As the Regulation stands at the moment, students are covered if they are insured under
the social security scheme of one of the Member States as workers (e.g. in Germany) or
as members of the family of an insured worker. The Commission has presented a
proposal to extend the scope of the Regulation to all insured persons, including those
insured under special schemes for students [26] 
_I_

Sometimes, voluntaiy workers or trainees on placements are not insured at all under the
social security scheme of a Member State. Adoption of the above-mentioned Commission
proposal of 13 December 1991 would do nothing to change this situation.

Teachers and researchers, if they are civil service employees or treated as such, are
covered by the legislation applicable to the public authority employing them (and
therefore pay the corresponding contributions). If this is not the case, they are classed as
employed or self-employed workers and are therefore, in principle, subject to the social
security legislation of the Member State in which they are working.

Proposal of 13 December 1991, OJ C 46 of 20.2.1992

29.09.96 15

Such persons will generally have to switch social security schemes if they move to
another country to work. In order to avoid excessive red tape where the situation does not
justify complex procedures (e.g. where the move is only for a short time), recourse may
be made to the above-mentioned exception clauses, which provide for the necessary
flexibility.

The Green Paper proposes Line of Action 1 and 3.b, pages 25 & 26

4 SOCIAL PROTECTION

The deduction of social contributions is the quid pro quo of the right to social protection.
For people involved in mobility, this protection may sometimes prove inadequate.

4.1 Loss of benefit entitlement for unemployed pe~ons moving between clJlllltries
while engaged in training

In some Member States, unemployed persons taking up a transnational training or
industrial placement lose the unemployed status which entitles them to social security
cover and unemployment benefit.

In all Member States, unemployed status is restricted to persons residing in the country
concerned and registered as job seekers there in accordance with national legislation and
practice. However, there is Community legislation on social security [27 ] enabling Europe.an
Community nationals to continue to draw unemployment benefit for a maximum of three
months if they extend their job search to another Member State and register as job
seekers there.

Persons moving to another country for training purposes are not considered as meeting
this criterion, since they are not looking for a job in the host country. During this period
they are therefore not able to keep their unemployed status or the associated social
security benefits. Some Member States have, however, made an exception for participants
in Community programmes, by putting a flexible interpretation on their own legislation.

In some Member States, a further difficulty can arise for such persons when, upon
returning to the country of origin, they are subject to a further qualifying period before
they officially regain entitlement to their rights.

Loss of benefit rights is a major obstacle to participation by unemployed persons in
transnational training or industrial placements. They are therefore denied the opportunity
to gain experienc~, skills and qualifications which such measures can provide.

For unemployed pe~on undergoing transnational training, the Green Paper
proposes Line of Action 3.a, page 26

27

29.09.96

Article 69 of Council Regulation (EEC) 1408/71 of 14 June 1971. A consolidated version was published in OJ C 325 of

l 0 December 1992.

16

4.2 Lack of social security cover in the host counny

Regulation 1408/71 on the application of social security schemes (cf. 4.2) does not apply
to special schemes for civil servants and persons treated as such. Teache~ and researche~
with civil servant status are therefore covered as insured persons, but can only benefit
from the coordination of social security schemes if they are or have been members of a
general social security scheme in their country of origin, which is not always the case,
indeed far from it. As a result, teachers and researchers who are members of a special
scheme for civil servants are entitled to benefits in the country of the scheme to which
they belong, but not in the host country.

As previously stated, students, in their capacity as such, are excluded from the scope of
this Regulation. A very recent amendment to Regulation 1408/71 entitles any national of
a Member State (and any members of their family residing with them), insured under the
legislation of a Member State, to cover for immediate health care requirements, to be
covered by a corresponding institution in the place of stay or residence (by means of form
"E 111 ") [28] - This also applies to trainees on placements and to volunta:1y wotke~. The
Commission has just presented a proposal that the condition of immediate necessity for
students and those in vocational training no lonher be a requirement so that such people
are covered by the field of application of the regulation [29] 

Thinl country nationals who are legally resident in a Member State of the European
Community or European Economic Area encounter a further practical obstacle when
trying to move from one country to another. Current Community legislation on social
security [30 ] applies only to Community nationals.

In practice, this means that persons in this sitr:ation are not covered by the social security
arrangements, including those for immediate essential health care (form "E 111 ") during
their exchange visit or transnational training or industrial placement [31] .

The Green Paper proposes Line of Action 3.b and 6, pages 26 & 28

5 RECOGNffiON, CERTIFICATION, VALIDATION

The lack of recognition and of transparency of training diplomas and certificates, and the
lack of certification or validation of placement periods in another Member State can be
a handicap to people participating in mobility arrangements [32] 

Regulation (EC) 3095/95 introduced a new Article 22a into Regulation (EEC) 1408171 (cf. OJ L 335 of 30 December

1995).

29

))

. 12

29.09.96

COM(96) 452 final

Article 2 of Regulation 1408/71/EEC.

In the sole case of immediately essential health care during a stay in the territory ot a Member State other than the
competent State, following the European Parliament opinion on the 1994 proposal for various amendments (which became
Regulation (EEC) 3095/95), the Commission presented an amended proposal for a regulation containing a provision
intended to extend Article 22 (l) (a) and (c) to cover workers from third countries. The proposal was not adopted by the

Council in December 1995 .

In the Debates of the European Parliament, (OJ 4-470/14 of 13.11.95) several types of recognition were identified:

- recognition of periods of study;

- recognition of academic qualifications for further study abroad;

17

The non-recognition of training periods spent abroad acts as a disincentive because it can
mean that the periods concerned have to be repeated, or even a loss of credit on the
curriculum. It can also be a barrier to finding work in the host country or t~ finding
another job when returning home.

**a)** **Students/young people**

Under the Community SOCRATES/ERASMUS programme, academic recognition
is an essential prerequisite for mobility, and· is therefore generally obtained as a
matter of course.

The European Credit Transfer System (ECTS) is of interest in that it is entirely
based on cooperation by the universities, who work together of their own free will
and on their own responsibility to facilitate the academic recognition of periods
of study in establishments in other Member States. However, outside the abovementioned. programme, academic recognition, which falls within the competence
of the Member States, is far from universal. However some action on information
is undertaken through the Network of National Academic Recognition Information
Centres (NARIC) [33]    

The situation is even more difficult in the field of vocational training [34]     

While recognition of training and placement periods in another Member State is
still problematic, the European Community has taken several initiatives to promote
transparency and transnational recognition of vocational qualifications.

In the case of the non-regulated professions, there is no legal obstacle to mobility,
but insufficient familiarity with the qualifications of other countries is a
considerable barrier. In view of this, the European Community has, since 1985,
with the support of CEDEFOP, initiated a series of measures to improve the
comparability, transparency and recognition of skills and qualifications [35]     - These
objectives are still being pursued under the Leonardo da Vinci programme.

      - recognition of foreign academic qualifications for the purposes of obtaining a national qualification;

      - recognition of academic qualifications for employment in a given profession.

Created on the initiative of the Commission of the European Communities in 1984, the aim of the NARIC network is to
improve the recognition of academic qualifications and study periods in the Member States of the European Community
and of the European Free Trade Association. The network forms part of the Community's SOCRATES/ERASMUS

programme.

34

JS

29.09.96

A report drawn up in 1994 at the request of the PETRA Advisory Committee, on the recognition of training periods and
industrial placements in other Member States was based on national studies in twelve Member States on the recognition
of placements in a training structure or company in another Member State undertaken under the PETRA programme by
young people in initial vocational training.

The report concluded that the systems in the various Member States were not yet prepared to integrate and recognise such
periods spent abroad in their courses. It did, however, acknowledge that requests to the national authorities from individuals
wishing to include such mobility in their training could prompt recognition of the need to accord specific status to
transnational placements and progressively encourage integration and recognition by the respective systems.

The project to provide a basis for comparison of qualifications has already led to publication in the ECOJ, between 1989
and 1993, of comparative tables covering 209 occupations in the skilled worker category, divided into 19 different sectors.
In addition, an individual skills portfolio project to improve the transnational transparency of skills and qualifications has
been drawn up and tested at European level (cf. "Individual portfolio project: final report", NCVQ 1995).
In 1994, a call for proposals as part of a move to promote initiatives in the field of mutual recognition of qualifications
enabled 35 transnational projects promoting comparison, transparency or recognition of qualifications to be supported.

18

A Commission Communication has also been published [36 ] which identifies the
areas for cooperation and coordination needed in the field of recognition of
diplomas [37]    

**b)** **Teachers and trainers**

The teaching profession, particularly in public educational establishments, is
regulated in most of the European Community countries [38]    - Since the entry into
force of Directive 89/48/EEC on the mutual recognition of diplomas and the end
of 1994, at least 11 000 people, including 5 000 teachers (in primary, secondary
and higher education) have had their diplomas recognised in another Member
State. Application of the Directive has, however, highlighted certain obstacles. For
example, there is a problem with the countries which have not yet transposed it
into national legislation, which is the case with Belgium and Greece. In these two
countries, applications from teachers from other Member States for recognition of
their qualifications have been "blocked" pending adoption of the national
implementing measures.. In Germany, there are still three Lander (BadenWlirttemberg, Brandenburg and Sachsen-Anhalt) which have not yet adopted
implementing measures for Directive 89/48/EEC in respect of teachers.

Another obstacle encountered has been the non-recognition in Germany of
teaching diplomas obtained in higher education institutions other than universities.
For the purposes of recognition, the Directive puts diplomas obtained in
universities, higher education establishments and other training establishments of
the same level on an equal footing. Despite this, however, holders of teaching
diplomas obtained in Austrian teacher training academies, certain British colleges
and other similar institutions in the Netherlands and Denmark have been refused

recognition of their diplomas in Germany. Non-application of the Directive to
teachers has also been registered in France.

Some Member States require secondary-level teachers to have a qualification
allowing them to teach two subjects (e.g. mathematics and physics; history and
geography).

COM(94) 596 final of 13.12.1994. The scope of the Communication is restricted to university-level qualifications, but the
subject is dealt with in the broader context of recognition of qualifications in the European Community.

~7

~K

29.09.96

"The Council of Education Ministers, in its conclusions of 6 May 1996, invites the Member States and the Commission
to encourage improved coordination between the national structures concerned with disseminating information in the two
areas of recognition (academic and professional), such as the Naric, the Euro-Info-centres etc., and to reinforce databases
such as Ortelius, so as to promote greater transparency of higher-education systems; invites the Commission, in cooperation
with the Member States, to encourage representatives of the economic and professional world, the social partners and
students to participate in all appropriate 'thematic networks' set up under Socrates, to evaluate the possibilities for the
introduction on a voluntary basis of a European administrative annex to the diploma. This annex would consist of a
description of the studies pursued by the holder of the diploma, the aim being to facilitate transparency and recognition
of the studies in States other than that in which they were dispensed; it would take into account the experience that other
organisations such as the Council of Europe and Unesco, have had in this area, to examine the desirability of identifying
and giving wider publicity to procedures at national or Community level which might facilitate amicable settlement of
disputes concerning recognition of qualifications, in response to individual request sent directly or preferably through the
Naric network or through the network of coordinators of the various Directives."

Considerable progress has been made in the field of the "regulated" professions on the basis of Articles 57, 49 and 66 of
the EC Treaty, by virtue of which the European Community is able to adopt "directives for the mutual recognition of
diplomas, certificates and other evidence of formal qualifications". Directives 89/48/EEC and 92/51/EEC, for example, have
set up a general system for recognition of diplomas, enabling persons wishing to move within Europe to have their
qualifications recognised in Member States other than that in which they were acquired.

19

There have also been certain instances of indirect discrimination. Even where the

teacher's duties are such as to justify knowledge of the language of the host
country, some national legislation, particularly in Germany and Greece, jmposes
language requirements which are completely disproportionate, and in practice
constitute indirect discrimination. This is particularly obvious in the case of
migrants wishing to teach their mother tongue as a foreign language in schools in
the host country.

The Green Paper proposes Lines of Action 4 and~' pages 27 & 30

6 THE TERRITORIALLY RESTRICTED NATURE OF NATIONAL GRANTS

The territorially restricted nature of national grants may constitute a serious obstacle to
"spontaneous" mobility. The fact is that, with the exception ef the
SOCRATES/ERASMUS programme, which makes full provision for eliminating the
territorial aspect, it is difficult for students travelling abroad to transfer their grants. In
most Member States, it is impossible to transfer the grant in order to undertake a full
course of study abroad. Such transfer is subject to more or less restrictive conditions;
greater openness by Member States towards geographically close regions can be
observed. This difficulty considerably reduces the possibility of mobility, especially for
underprivileged persons who in particular experience socio-economic and practical
disadvantages.

The Green Paper proposes Line of Action 5, page 28

7 SOCIOECONOMIC OBSTACLES

7.1 Job stability

A worker who wants to unde1take a period of training/further training in another Member

State does not always have a gt:ura.ntee that he will be able to resume his former

emplo~rment on his return. Where this guarantee does exist, it is not always applicable
to trainees on placement coming back from another Member State.

29.09.96 20

7.2 Inadequate financial support

The remarkable development of mobility under ERASMUS demonstrates 1hat the
enthusiasm for such exchanges has not diminished. The generally limited amounts of
grants have so far resulted in some students selected to take part in an exchange being
unable to benefit from mobility because of a lack of resources.

The above also applies to a large extent to teachers, who all too often receive inadequate
financial support. Given that most of them continue to reside in their country of origin,
the cost of their mobility is often very high. Outside Community programmes the
teacher's situation depends of course on national legislation and on any agreements which
might have been concluded which, for example, make provision for the payment of salary
during mobility.

The situation is particularly precarious for the unemployed who lose their rights to
unemployment benefit in their Member State. The situation of young graduate~ of all
levels entering the labour market for the first time is even more difficult.

The Green Paper proposes Line of Action 7, page 29

8 ADMINISTRATIVE OBSTACLES ASSOCIATED WITH THE ORGANISATION OF SCHOOIS

AND UNIVERSITIES

8.1 Structure of the school/academic year

The structure of the academic year depends to some extent on measures adopted at
national level and to some extent on the structure of the education system itself. This
structure may pose problems if it is not the same in the Member State of origin and the
host Member State [39] 

The Council of Ministers has already stated in one of its conclusions [40 ] that "a further step
should be to harmonise the start of the academic year for higher education establishments,
which might also facilitate the synchronisation of examinations during the academic
year."

8.2 Examinations

Students benefiting from mobility are sometimes no longer in the host country when the
examinations are held or cannot, due to their absence, take examinations in their home
institution. This can have repercussions for the awarding of their qualification. Also,
examinations taken in the host country may not always be recognised in the home
country. In some Member States the possibility to sit examinations in an institution is

39

40

29.09.96

A student in northern Europe, for example, usually begins the new university academic year in August. A student in
western or southern Europe, however, usually does not start university until October.
Rectors Conference on the organisation of the academic year, Liaison Committee of Rectors Conferences, Brussels, May

1993.

OJ C 321of12.12.1991

21

dependent on the number of hours of classes taken in that institution within the academic
year. Moreover, in some Member States students are not allowed to be absent prior to and
during examinations, which reduces the possibilities of mobility, particularly _for long
periods.

8.3 Periods of training not incorporated in the course cuniculum

Some Member States do not recognise the work placements of students undergoing
vocational training as an integral part of the course curriculum; periods of mobility must
be combined with holidays or, at the end of the year, the year's study and the final
diploma may not be officially accredited.

8.4 Non-replacement of absent teachers

In most cases teachers/instructors are not replaced during their absence. This means that
they must ''catch up" with the subject matter on their return. This places an additional
burden on themselves and on the persons being taught.

The Green Paper proposes Line of Action 9, page 31

9 Linguistic and cultural obstacles

The lack of knowledge of a foreign language remains one of the main obstacles to
mobility. This is equally true for certain cultural aspects which need to be acknowledged
in order to be able to encourage mobility and gain the maximum advantage from periods
spent abroad. Most mobility is concentrated in the Germany/France/United Kingdom
triangle. Learning of less widely used languages is the key to a diversification of the
flows of students and hence to a greater variety of exchanges [41] 

The Green Paper proposes Line of Action 8, page 30

10 PRACTICAL OBSTACLES

These obstacles often prevent the achievement of high quality mobility, and sometimes
present such barriers that the discouraged participants do not leave to take part in the
project or return to their country of origin without having benefited from the opportunities
of mobility which were offered to them. Students face difficulties before, during and after
their stay:

a)

41

42

29.09.96

For example, they may have problems due to a lack of information prior to going
abroad (lack of knowledge of training opportunities, administrative requirements,
living conditions in the host country). This is a particularly sensitive aspect in the
case of disabled students, especially with regard to welcaring facilities and
accommodation [42] 

A series of pilot projects in intensive preparatory language training for SOCRATES/ERASMUS students heading for
Portugal, Greece, Italy, Denmark and Finland has been launched with this in mind for the 1996/97 academic year.

It should be noted that establishments which have set up an ERASMUS office often find it easier to manage the programme
and to provide full infonnation to those interested. The grouping of several educational establishments and local and
regional bodies into a "European centre" may lead to considerable economies of scale.

22

b) The lack of host companies remains a crucial problem for those undergoing
training and/or on a placement. Companies are not yet accustomed, or are still
unable for operational reasons or because of the working language, to accept
trainees who have to be supervised.

Community research grant-holders undergoing a period of training in industry are
confronted with a restricted choice of RTD projects offered by companies and
also experience difficulties in publishing results, which are often confidential.

c) Lack of suitable or affordable accommodation (level of rents, deposit) is a
problem in some cases. There is often only limited accommodation available in
university halls of residence or education centres. Some students or teachers who
leave for short/medium-term periods often cannot give up their accommodation
in their country of origin for fear of not finding anything when they return, or at
least nothing at a reasonable price.

d) In numerous cases, students benefiting from mobility must take out additional
insurance (repatriation in the event of illness/accident, third-party insurance, etc.).

e) Family commitment can also have a negative effect on m(·bility: the need to find
creches, nurseries or schools, or different employments for the spouse, ...

f) Bank and exchange charges can consume up to 20% of an individual grant, not
to mention the-cost associated with procedural delays.

All these practical obstacles are rendered more acute for the economically disadvantaged
and to those with severe disabilities.

The Green Paper proposes Line of Action 9, page 31

29.09.96 23

**PART** **C:** **LINES OF** ACTION

Initiatives can be taken at various levels. An attempt should be made to "fill in the grey
areas" of Community legislation; i;e., verify the extent to which Community legislation
has been transposed by the Member States and examine the measures to be taken to
encourage Member States to do this.

It is, moreover, vital, in accordance with the principle of subsidiarity, for the Member
States, the Commission, other Community bodies, and all the parties involved in
education, training and research, to consider other measures which might be taken at the
appropriate level to encourage and facilitate the transnational mobility of the greatest
possible number of people in their education, training and research activities.

The Commission would like to receive opinions from people and organisations concerned
(public authorities, social partnei:s, others organisations, educational, training, and research
institutions. The impact of a wide distribution of this Green Paper will be reinforced by
a series of events (seminars, conferences, meetings) organised at all levels.

You are invited to send your views, observations and suggestions to:

European Commission
Directorate-General XXII

Education, Training and Youth
Green Paper "Education-Training-Research: The obstacles to transnational mobility"
200 rue de la Loi

1049 Bruxelles

E-Mail: Alice.Copette@dg22.cec.be
Fax: +32/2-295.78.30

The nine lines of action proposed are not exhaustive, but should help to open a debate
which will no doubt bring other problems and obstacles to light, illustrated by concrete
exemples.

Following the six-month consultation period, the Commission will draw up a suinmary
report with recommendations.

29.09.96 24

LINE OF ACTION 1: ACCORDING SPECIF1C STATUS TO TRAINEES ON PLACEMENTS

AND TO VOLUNTARY WORKERS IN TIIE EUROPEAN COMMUNITY

_(See analysis_ _of_ _the situation in points_ _B.l.a_ _and_ _b,_ _3.1.b_ _et_ _3.2,_ _pages_ _9,10,_ _14_ _&_
_15)_

  - Similar legal recognition in their home and host countries would guarantee
to trainees on placement and voluntary workers, conditions of mobility equal
to those of other European citizens .

 - In taking a number of steps in respect of rights of residence, social security
and tax arrangements, Member States would enable a greater number of
trainees and volunteers to participate more easily in such activities on a
transnational basis for periods of over three months. Such measures would
assist the implementation of, for exemple, the pilot action of a European
voluntary service, presented by the Commission in 1996.

 - Information on their rights and obligations should be given to trainees and
voluntary workers and this, at all levels.

 - To allow the full development of a combined work/training courses at
European level, a "European apprentice/trainee" status should be envisaged.

 - To promote employment for young people, a mobility programme for
apprentices which aims to develop links between schools and companies, i.e.
an "Erasmus for apprentices", would be of great benefit.

LINE OF ACTION 2 - EQUAL TREATMENT FOR ALL COMMUNITY GRANT-AIDED

RESEARCH TRAINEES

_(See the analysis_ _of_ _the situation under B.2 and 3.1, page_ _J_ _1_ _&_ _12)_

To eliminate discriminatory treatment among Member States which harms
Community grants, a solution must be found:

 - by exemption of grants under the legal system providing for their financing,

 - by coordination of the systems applied to employed researchers in the
various member states in respect of both direct taxation and social security
contributions.

29.09.96 25

LINE OF ACTION 3: ENSURING SOCIAL PROTECTION FOR EVERYONE BENEFITING

FROM MOBILOY AS PART OF THEIR TRAINING

_(See the analysis_ _of_ _obstacles under points B.4.1 and_ _4.2,_ _page_ _16)_

a)

b)

Ensuring benefit entitlement for unemployed pe~ons undergoing training in
another Member State

In order to maintain the right to unemployment benefits for unemployed
people in training, the Commission's proposal [43 ] should be adopted without
delay. This proposal allows benefits to be continued after an initial period of
three months, without the total duration of the benefit period or the amount
of the benefits exceeding the period or amount provided for by the
legislation of the Member State in which the unemployed person is lo..oking
for work or the period or amount provided for by the legislation of the
Member State which pays the benefits.

Guaranteeing social protection in the host counny

To guarantee social protection in the host country, current regimes relating
to trainees, especially students should be brought into line with those of
salaried and non-salaried workers and their families. The Commission

proposal to the Council seeking to extend the scope of the Regulation to all
persons insured under the legislation of a Member State should be adopted [44]  

The Commission has also proposed to the Council [45 ] that the condition of
'immediate necessity' for health care for persons referred to in this Green
Paper who currently fall within the scope of the Regulation (1408/71) and
who, on account of their studies, are residing in a Member State other than
. the competent Member State be removed.

COM (95) 734 final, of 10 January 1996.

OJ No C 46, 20.02.1992.

COM (96) 452 of 20 September 1996.

43

44

_45_

29.09.96 26

46

47

4R

49

LINE OF ACTION 4: CREA. TING A EUROPEAN AREA OF QUALIFICATIONS

_(See the analysis_ _of_ _obstacles under point_ _B._ _5,_ _pages 17_ _to_ _19)_

- Mutual academic recognition should be developed through general use of the
system of transfer of educational "credits" [46]    

- Similar arrangements should be applied to vocational training, with the
objective of the mutual recognition of training courses. This approach could
give preference to agreements among education and training establishments
and among different professional sectors [47]    

- It is important to establish a system of mutual recognition of placements in
the Member States, as well as their incorporation in the curricula.

- The recognition and validation of skills acquisition, as well as lifelong
access at European level should be encouraged.

- It is important that those concerned continue to consider the most effective
methods to increase the transparency of competences and qualifications, in
order to give everyone the possibility to exercise his chosen profession
anywhere in the European Union.

- Specific action should be taken to facilitate the recognition of qualifications
among the various Metnber States, to encourage workers to take part in
training programmes outside their own national system.

- Consideration should also be given to the possibility of incorporating into
the Directive on the regulated professions (Directive 89/48/EEC) the
obligation for the host Member State to take into consideration experience
acquired after obtaining a diploma.

- As suggested by the Council of Education Ministers [48], the Commission and
the Member States should jointly assess· the value of identifying procedures
at national and Comm.unity levels with the aim of facilitating· the search of
amicable solutions to disputes concerning the recognition of qualifications, in
response to individual requests.

- One of the proposals of the Green Paper on Innovation [49 ] should be
promoted: namely, to apply the designation "European Researcher" to
researchers who have participated to a significant extent in Community

programmes.

Along the lines of the ECTS - European Credit Transfer System.
White Paper of the Commission "Teaching and Leaming: towards the learning society", page 55, Office for official
publications of the European Communities

Taken from the conclusions of the Council of Education Ministers, Brussels, 6 May 1996.

Green Paper on Innovation - Communication adopted by the Commission on 20 December 1995, COM (95) 688 final.

29.09.96 27

Line of action 5: REMOVING TERRITORIAL RESTRICTIONS ON GRANTS AND NA'FIONAL

FINANCING

_(See the analysis_ _of_ _obstacles under point_ _B._ _6,_ _page 20)_

 - As in the Community programmes, where entitlement to grants is maintained
in the event of study periods spent abroad, there is still room for greater
transferability of grants awarded by national authorities or other bodies.

LINE OF ACTION 6: IMPROVING THE SITUATION OF NATIONALS OF THIRD COUNTRIES

LEGALLY RESIDENT IN THE EUROPEAN UNION WITII REGARD TO TRAINING

_(See the analysis_ _of_ _obstacles under points B.J.b and_ _4.2,_ _pages 10_ _&_ _17)_

 - the need to improve the situation of nationals of third countries legally
settled in a Member State was emphasised by the Commission iri the
Communication of February 1994 on immigration and asylum. The
Commission indicated the importance of having a common set of rules
concerning the admission of third-country nationals, including after studies
and vocational training, and bearing in mind the rights of long-term
residents. The rules should be grouped into a single binding legal
instrument.

29.09.96 28

LINE OF ACTION 7: REDUCING THE SOCIOEOONOMIC OBSTACLES

_(See the analysis_ _of_ _the obstacles under point_ _B._ _7,_ _page 20)_

 - To promote mobility, various measures offering financial aid and support
(allowances, grants, subsidies, loans etc.) should be encouraged, at all levels
(national, regional, local, private etc.), talcing account of budgetary
constraints.

 - It is essential to have a proper national policy for the distribution of

SOCRATES/ERASMUS grants, above all in order to take into account
specific problems at national level. By linking up internal aid systems for
students with the SOCRATES/ERASMUS grant, the optimum adjustment of
the total amount received by the student during his/her mobility will be
ensured and a dissipated effort, detrimental to mobility, will be avoided.

 - With regard to young people receiving assistance under the Community
programmes for vocational training, co-financing from the educational
establishment, host companies, associations, trade unions, regional authorities
or banks should be encouraged.

 - Tax incentives granted to companies by the competent authorities could
encourage them to welcome trainees or persons receiving training.

 - Organisations involved in exchanges should have specific resources enabling
them to set up the necessary structures for reception, monitoring and
evaluation to ensure that mobility projects have the best possible chances of
success, particular for young people.

2~0~96 29

LINE OF ACTION 8: REDUCING LINGUISTIC AND CULTURAL OBSTACLES

_(See the analysis_ _of_ _the obstacles under point B.9, page_ _22)_

  - Leaming at least two Community languages has become a precondition if
citizens of the European Union are to benefit from occupational and personal
opportunities open to them in the Single Market.

  - All mobility actions should be preceded by a period of linguistic preparation.

  - Any training should be accompanied by cultural preparation and an initiation
to living and working practices in the host country.

  - Pilot actions should be developed in Member States to make young people
_ in particular aware of 'European citizenship' and to increase their respect for
cultural and social differences.

  - The national bodies in charge of activities under Community programmes
should provide still more help for people wishing to undertake transnational
training in a Member State who's language is "less widely used and taught".

29.09.96 30

LINE OF ACTION 9: IMPROVING THE INFORMATION AVAILABLE AND

ADMINISTRATIVE PRACTICES

_(See analysis_ _of_ _the obstacles under point B.10, page 22)_

- The quality and amount of information available within the Community on
education, training and research requires better coordination of the national
structuq:!s responsible.

- Information on the possibilities and conditions for achieving transnational
mobility should be more widely disseminated and should take more account
of differences in the potential audience.

- All useful information for people in mobility should be available over the

  - INTERNET as well as through European databases such as EURES [50],

ORTELIUS, EURODESC, CORDIS, NARIC, EURYDICE.

- There should be a wider use of tools provided by the Information Society.

- National guides and information leaflets explaining citizens' rights and

obligations under the "Citizens First" initiative should be widely distributed.

- A sound training in Community law and its implementation for decisionmakers and administrators within each Member State, applying experience of
relevant Community programmes, should be encouraged.

Educational institutions should be encouraged to improve knowledge at
European level of the quality and nature of the education they provide.

Students undertaking mobility in another Member State should have the
possibility to take some exams by correspondance, if necessary, subject to
the necessary controls.

51
University-Enterprise partnerships should be stimulated  

Use of tools such as the EURES database, which can be consulted by the Euroadvisers, can also help promote mobility
by supplying useful information on job possibilities in the various Member States.

In_this context, the recommendation of the IRDAC report: Quality and relevance" 25.03.1994 should be noted.
Industrial Research and Development Advisory Committee (IRDAC) - set up by the Commission in 1984.

_so_

SI

29.09.96 31

Part D: ANNEXES

Annex 1: Definition of the target categories

The exact definitions for the different categories of person outlined below are difficult
to establish and there is sometimes overlap, as they are subject to certain legal
instruments which are not mutually exclusive. The definitions proposed here are as set
out in the Council Decision establishing the various Community programmes.

A.Pupils: All persons enrolled in that capacity at a school [52] 

Students:

In the European Parliament and Council Decision establishing the SOCRATES
programme [53], the term "students" covers "persons registered in universities, whatever their
field of study, in order to follow higher education studies leading to a degree or diploma
(or equivalent), up to and including the level of doctorate".

It should, however, be borne in mind that there is a wider definition in the context of
social security for migrant workers, where the term "students [54] " refers to any person,
other than an employed or self-employed worker or member of the latter's family, who
is officially enrolled on a course of study or vocational training in an establishment
recognised or approved by the national authorities of a Member State, and who is insured
under a special social security scheme for students.

52

53

_54_

29.09.96

This definition is found in the European Parliament and Council Decision establishing the 'Socrates' Community action
programme (Article 2), as is the definition of ~: All types of institutions whether providing general, vocational or
technical education and, exceptionally, non-school institutions providing apprenticeship training for the purpose of
promoting measures in the framework of language training, particularly exchanges of pupils.
-OJ L 87, 20.4.1995.

Article 1 of Directive 93/96 on the right of residence for students provides as follows: "In order to lay down conditions
to facilitate the exercise of the right of residence and with a view to guaranteeing access to vocational training in a
non-discriminatory manner for a national of a Member State who has been accepted to attend a vocational training course
in another Member State, the Member States shall recognize the right of residence for any student who is a national of a
Member State and who does not enjoy that right under other provisions of Community law, and for the student's spouse
and their dependent children, where the student assures the relevant national authority, by means of a declaration or by such
alternative means as the student may choos~ that are at least equivalent, that he has sufficient resources to avoid becoming
a burden on the social assistance system of the host Member State during their period of residence, provided that the
student is enrolled in a recognized educational establishment for the principal purpose of following a vocational training
course there and that he is covered by sickness insurance in respect of all risks in the host Member State." OJ L 317,

18.12.1993.

Socrates' Decision 819/95/EC of the European Parliament and the Council of 14 March 1995: OJ L 87, 20.4.1995.
"University": all types of higher education institutions which, in accordance with national laws and/or practices, offer
qualifications or diplomas at that level, whatever such establishments may be called in the Member States.

This definition was agreed by the Administrative Commission on Social Security for Migrant Workers (CA.SS.TM.) in

1~8.

32

B. Young people:

The YOUTH FOR EUROPE programme is aimed at all young people between the ages
of 15 and 25 who are permanently resident in the European Union or Iceland,
Liechtenstein or Norway. This age group is traditionally used by the Commission to refer
to "young people" and "youth" (EUROSTAT statistics).
However, in the LEONARDO da VINCI programme [55], "young people" is taken to mean
any person undergoing training, in employment or looking for work under the age of 28.
The programme· targets both young people undergoing initial vocational training and
young workers.

In the context of support for placement programmes within companies, it may also refer
to "people undergoing university training and graduates prior to obtaining their first job".
Such programmes are incorporated in cooperation agreements between universities and
companies.

The student, pupil or young person may be a member of the family of a citizen of the
Union who exercises his or her right to freedom of movement, thereby being entitled to
treatment on the same basis as nationals of the host country (in particular as regards the
award of grants and other social benefits).

C. Voluntmy workers

Voluntary or unpaid service is a "sui generis" activity which must be distinguished from
paid work and conventional systems of vocational training. It affords opportunities for
gaining formative experience through voluntary participation in activities of benefit to the
community or to individuals.

While voluntary work attracts participants of all ages, it is voluntary service for young
people which has been recognised in several Member States. For the most part, such
schemes are of limited duration and do not lead on to multilateral activities. There has,
however, been some expansion of transnational voluntary service activities in recent
years [56] 

D. Language assistants:

SOCRATES/LINGUA assistants are future language teachers (students or young
graduates) who teach in the host establishment of another Member State for a period of
between three and eight months, thereby acquiring training and professional experience
which will help them become better language teachers [57] 

_SS_

_S1_

29.09.96

Leonardo da Vinci' Council Decision 94/819/EC of 6 December 1994: OJ L 340, 29.12.1994; age limit specified in the
Promoters' Guide, 1995 edition.

At Community level, the YOUTH FOR EUROPE programme has allowed some experimentation in this field since 1992.
On the basis of this experience, the Commission has, in 1996, launched a European Voluntary Service scheme for young
people, which is designed to enable some 2 500 young people living in a European Union Member State to carry out a
community service activity with a local project in another Member State for a period of between six months and one year.
The Commission is planning to extend this scheme and set up a multi-annual European Voluntary Service programme for
young people.

Cf the Parliament and Council Decision establishing the SOCRATES Community action programme.

33

E Researehers

This Green Paper takes account only of researchers who are undergoing training.and who
wish to move abroad for that purpose. In particular, under the Community's RTD
programmes, these researchers, known as "Marie Curie fellows", are classified in one of
the following categories in accordance with the Council Decision concerning the
programme for the Training and Mobility of Researchers [58] :

post-graduate level: young researcher holding a degree obtained from a university
or equivalent higher education establishment, which qualifies the holder directly
to embark on a doctorate or equivalent degree;

post-doctoral level: young researcher with a doctoral degree or equivalent level
of education or, alternatively, having at least four years' full-time research
experience at post-graduate level;

experienced researcher: researcher with at least eight years' full-time research
experience at post-graduate level.

In addition to the grant-award mechanism, organised and structured within the framework
of the programme for Training and Mobility of Researchers, a large number of
researchers, especially young people, take part in Community-level training and mobility
schemes involving consortia or networks of specific RTD programmes.

F. Teachers and traine~

The term teacheriteaching staf:f5 9 covers persons who, through their duties, are involved
directly in the educational process of a Member State, in accordance with th~ organisation
of its educational system.

The term traineriinstructof [0 ] refers both to those providing vocational and technical
training or secondary and other forms of higher education, and to instructors at
apprenticeship centres or within companies.

5K

59

(~I

29.09.96

Programme in the field of training and mobility of researchers - Council Decision 94/916/EC of 15 December 1994: OJ

L 361, 3l.l2.1994.

'Socrates' programme - European Parliament and Council Decision 819/95/EC of 14 March 1995: OJ L 87, 20.4. I 995.

'Leonardo da Vinci' programme-Council Decision 94/819/EC of 6 December 1994: OJ L 340, 29.12.1994.

34

Annex 2a: Transnational mobility within the framework of Community programmes

The sample figures below speak for themselves. They show the growing number of
beneficiaries of transnational mobility under Community programmes.

 - ERASMUS

Council Decision: 1987

Numbers involved: 1987-88

1988-89

1995-96

1995-96

- 'LINGUA (teachers/students)

Council Decision: 1989

3 000

745

170 000

14 000

grant-aided students.
teachers

students

teachers

Continuing training of teachers: 1990-1991 (pilot phase) 516

1994-1995

Young people participating in joint educational projects
(CEC)

Teachers participating in joint educational projects:

29.09.96 35

7 450

1990/1991

1994/1995

1990/1991

1994/1995

4 018

32 109

317

3 580

 - SOCRATES

In 1996-97, 150 482 applications for student mobility and 1-2 775
applications for teaching staff mobility were approved.
From 1997-98 onwards, these activities will take on another dimension in
that they will be guided by the policy of each university, with cooperation
being governed by an "institutional contract" between the higher education
establishment and the European Commission.
A new measure to promote language teaching and learning has been
introduced into the SOCRATES programme. This system of assistantships
enables future language teachers to work as language assistants in host
establishments abroad for a fixed period as part of their training.
During the pilot year, 1996/1996, over 200 language assistants took part in
this scheme. In the 1996/1997 academic year, this number is expected to
increase to 600.

In 1995/1996, as part of the partnership scheme involving educational
establishments under the SOCRA TES/COMENIUS programme, 689 teacher
exchanges took place, and 215 teachers undertook industrial placements.
From summer 1996, teachers from the EC and the three EEA countries will
be able to participate in continuing training courses in other EC and EEA
countries given by teams of European training staff.

 - YOUTH FOR EUROPE III (European Parliament and Council Decision, 1995)

Exchanges 1995 50 000 participants*

Young people's initiatives 1995 930 participants

Voluntary service 1995 75 participants

Exchanges with third countries 1995 2 805 participants.

(* provisional figure)

 - EUROPEAN VOLUNTARY SERVICE FOR YOUNG PEOPLE (Pilot project)

Young voluntary workers 1996/1997 approx. 2 500 participants

29.09.96 36

- COMETT II: (university/industry cooperation and student traineeships)

Council Decision: 1988

Numbers involved: 1990 4 400 students in transnational

traineeships
1994 8 700 students in transnational

traineeships

In all, 75% of companies participating in Cornett projects were SMEs.

- PETRA II (youni people undergoing initial vocational training and young

workers)

Council Decision:

Numbers involved:

- LEONARDO DA VINCI

1991

1992-94 23 566 young people undergoing
initial vocational training
13 053 young workers

Established by the Council Decision of 6 December 1994, the LEONARDO DA
VINCI programme provides for three types of action, which include the
transnational placement and exchange programmes. The call for proposals issued
in 1995 showed young people to be the group taking most advantage of the
mobility projects.
Numbers involved: 1995 11 564

Numbers involved: 1996

(Forecast)

29.09.96 37

4 826

5 175

2 300

11 564

4 826

5 175

2 369

young people in initial
vocational training young
workers

young people in higher
education (students and
graduates)
trainers

young people in initial ·
.vocational training
young workers
young people in higher
education (students and
graduates)
trainers

- TRAINING AND MOBILITY OF RESEARCHERS

 

 

 

29.09.96

Other specific RID programmes:
4th framework programme 1994-98
Marie Curie grants:
Programme for training and
mobility of researchers:
Other specific RID programmes:

38

2nd framework programme 1987-91:

3rd framework programme 1990-94:

2 3 00 grants in connection with
specific RID programmes

Human Capital and Mobility Programme: 1 800

760 individual grants
and institutional grants
(corresponding to

some 2 000 research

trainees)
700 grants

1 300 grants already awarded
200 grants already awarded

Annex 2b: Description of Community programmes in the field of educf!tion and
training

A. Education

After the "joint study programmes" of 1976, which paved the way for Community
cooperation, the Commission moved on to the ERASMUS and LINGUA programmes,
based on the physical mobility of students and teaching staff. Mobility has since become
an integral part of the European dimension of education and is therefore a prominent
feature of the Community's current SOCRATES programme.

I. ERASMUS (1987-1994)

Council Decision of 15 June 1987, OJ L 166, 25.6.1987;
Council Decision of 14 December 1989, OJ L 395, 30.12.1989;
Council Decision of 28 October 1991, OJ L 322, 3.12.1991.

ERASMUS, the Community action programme for the mobility of university students and
teaching staff, made it possible to promote cooperation between universities and thereby
improve mutual recognition of qualifications and encourage gr~ater mobility of students [61 ]

and teaching staff within the European Community. In 1992, the programme was
extended to cover the European Free Trade Association (EFTA) countries.

The programme was structured as follows:

Action 1: Creation of a European network of university cooperation through the cofinancing of inter-university cooperation programmes (ICPs) covering student mobility
(three to 12 months) and the organisation of mobility schemes for teaching staff (from
one week to one year).

Action 2: Direct financial support for students by means of ERASMUS grants intended
to cover the cost of mobility (language courses, travel costs, differences in the cost of
living).

Action 3: The ECTS pilot project (European Community course credit transfer system)
was set up to facilitate recognition for academic purposes of periods of study completed
abroad.

Phase 1: Phase 2:

Budget 1987-1989: MECU 93.7 Budget 1990-1994: MECU 426.1

_<>I_

29.09.96

For disabled students, ERASMUS has paid particular attention to guidance, reception, physical accessibility, pedagogical
and technical support services, and financing of the associated extra costs. Cf. ERASMUS guide to good practice. These
aspects have also been included in the SOCRATES programme to ensure that disabled students are genuinely in a position
to take advantage of the European mobility arrangements.

39

II. **LINGUA**

Council Decision of 28 July 1989, OJ L 239, 16.8.1989.

LINGUA, the Community action programme to promote foreign-language competence
in the European Community, included the following actions:

Action 1: Assistance with in-service training courses for teachers of foreign languages and
their trainers.

Action 2: Assistance with foreign-language learning in universities, in particular, in
connection with initial training of foreign-language teachers.

Action 3: The promotion of foreign languages used at work and in economic life.

Action 4: Assistance with the preparation of exchanges between young people who are
undergoing specialised, vocational or technical education. These exchanges are organised
through projects involving several establishments.

Budget 1990-1994: MECU 153.893

III. SOCRATES (1995-1999)

Decision of the European Parliament and of the Council of 14 March 1995, OJ L 87,
20.4.1995.

The SOCRATES action programme encourages cooperation between the Member States
in school education (COMENIUS/school partnerships), higher education
(ERASMUS/promoting student mobility), the promotion oflanguage skills (LINGUA) and
upgrading of teaching skills. The programme is intended for pupils, students, teaching
staff, administrative staff of universities, trainers and the children of migrant workers,
travellers and gypsies.

Budget 1995-1999: ECU 850 million

IV. **YOUTH** **FOR** **EUROPE** (1988-1999)

Council Decision of 16 June 1988, OJ L 158, 26.6.1988;
Council Decision of 29 July 1991, OJ L 217, 6.8.1991;
Decision of the European Parliament and of the Council of 14 March 1995, OJ L 87,
20.4.1995.

The main objective of the YOUTH FOR EUROPE programme is, through increased
cooperation between Member States, to contribute to young people's development by
promoting exchanges and complementary activities outside formal education . and
vocational training structures. It therefore provides for exchanges for young people
permanently resident in the European Community (or Iceland, Liechtenstein or Norway)
and those from eligible third countries (activities may take place in Member States or
third countries, including those of Central and Eastern Europe, the Commonwealth of
Independent States, the Mediterranean, Central and Latin America and the ACP), young
people's initiatives, voluntary service activities (which will now concentrate on the short
term to avoid confusion with European Voluntary Service) and training for youth leaders.

29.09.96 40

Special attention is being paid to improving access to the programme for disadvantaged
young people, i.e. those who have most difficulty in participating in Community 1'.national,
regional or local progr~es for cultural, socioeconomic, physical or geographical

reasons.

The programme is intended for youth leaders, people running youth organisations and
trainers and researchers in the youth field.

Budget 1994: MECU 11
Budget 1995: MECU 24.4
Budget 1995-1999: MECU 126

V. TEMPUS (1990-1995)

The main objective of TEMPUS is to generate and promote international cooperation in
higher education between the European Union and the countries of Central and Eastern
Europe (CEEC), the newly independent states of the former Soviet Union and Mongolia.

TEMPUS participates in the restructuring of higher education systems and the
establishment of national and institutional policy in the CEEC and newly independent
states. It is a flexible programme adapting, on the one hand, to new needs such as
ensuring the quality, training and management of university staff and project management,
and, on the other, to the recent inclusion of countries such as Bosnia-Herzegovina,
Macedonia and Turkmenistan.

Since 1990, around 12 000 projects and 500 institutions and university departments have
received aid under TEMPUS. TEMPUS has also enabled around 15 000 courses and

almost 6 000 teaching documents to be created or adapted.

TEMPUS PHARE budget (1990-1996): MECU 601.8
TEMPUS TACIS budget (1995-1995): MECU 52.

29.09.96 41

B. Vocational training

I. PETRA (1988-1994)

Council Decision of 1 December 1987, OJ L 346, 10.12.1987;
Council Decision of 21 july 1991, OJ L 214, 2.8.1991.

PETRA, the Community action programme for the vocational training of young people
and their preparation for adult and working life, was intended to supplement and support
the policies of the Member States aimed at raising the standard and quality of initial
vocational training.
The programme was structured as follows:

Action 1 a: Placements for young people in initial vocational training.
For young people in initial vocational training, placements were intended to provide a
European dimension to their training, enabling them to come into contact with new
training methods, equipment and content and differing forms of training.

Action lb Placements for workers, young job seekers and young people in vocational
training in an enterprise or training institute in another Member State.
These placements were intended to provide a new vocational or training experience in
order to acquire a clearer idea of the world of work.

Action 2: Financial and technical assistance for transnational projects developed by
training services, enterprises and the social partners in order to establish a European
network of partnerships, making it possible to set up joint training modules for young
people and for instructors.

Action 3: Establishment of working links between national systems for vocational
guidance and for the training of vocational guidance counsellors.

II. CO:METI (1987-1994)

Council Decision of 24 July 1986, OJ L 222, 8.8.1996;
Council Decision of 16 December 1988, OJ L 13, 17.1.1989.

COMETT, the cooperation programme between universities and enterprises for education
and training for technology, was intended to improve training in advanced technology,
develop highly qualified human resources and thereby enhance the competitiveness of
European industry through joint university-enterprise training initiatives.

Action I : European network
The establishment of university-enterprise consortia was on a regional or sectoral basis.
The structures were, above all, to establish a training consortium, a partnership between
universities and industry.

Action 2: Transnational exchanges and placements
Introduction of a programme of student placements in enterprises, placements in advanced
training for young graduates and exchanges of university staff and company employees.

29.09.96 42

Action 3: Joint transnational continuing vocational training programmes
The development of joint transnational training programmes, which could take_Jhe fonn
of short training seminars or training materials, made use of various existing media and
technologies.

Budget 1987-1992: MECU 206.6
Budget 1990-1994:. MECU 230

III. **EUROTECNET** (1990-1994)

Council Decision of 18 December 1989, OJ L 393 of 30.12.1989.

'fhe objective of the EUROTECNET programme was to promote innovation in the fields
of initial and continuing training to take account of current and future technological
change and its impact on employment, work and the qualifications and skills needed. The
programme comprised two types of (complementary) measures:

a) Launching and implementation by the Member States of a series of innovative
projects intended to develop and improve vocational training policies and systems.
b) European Commission suppC>rt for these projects in the form of a European
network linking them to promote exchange, knowledge transfer and coordination
between projects.

IV. **FORCE** (1991-1994)

Council Decision of 29 May 1990, OJ L 156, 21.6.1990.

FORCE, the action programme for the development of continuing vocational tq1ining in
the European Community, was intended to improve the availability and quality of
continuing vocational training for workers in undertakings through innovation and the
exchange of experience. 

T~e programme comprised two complementary parts:

a) a common framework of guidelines designed to support and complement the
policies and measures adopted by the Member States with a view to pr..omoting
the coherent development of vocational training between the Member States.
b) A number of transnational measures implemented at Community level and
designed to support and complement activities developed by and in the Member

States.

Budget: MECU 83.4

29.09.96 43

V. **LEONARDO** **DA** VINO (1995-1999)

Council Decision of 6 December 1994, OJ L 340, 29.12.1994.

LEONARDO DA VINCI, the Community action programme for vocational training, is
intended to improve vocational training systems and arrangements in the European
Community and improve vocational training measures by means such as cooperation
between universities and undertakings. The programme also supports the development of
linguistic skills, knowledge and the dissemination of innovation in the field of vocational
training. The programme is aimed at any person, whether employed or not, and those
responsible for initial and continuing vocational training.

Strand 1 : Support for the improvement of vocational training systems and arrangements
in the Member States

Transnational pilot projects cover cooperation for the improvement of initial and
continuing vocational training.· They also support vocational information and guidance,
the promotion of equal opportunities for men and women and improvement of the quality
of vocational training facilities for persons at a disadvantage on the labour market.
Community support is granted for transnational placement programmes for young people
in initial vocational training and for young workers as well as for transnational exchange
programmes for instructors.

Strand 2: Support for the improvement of vocational trammg measures including
university/industry cooperation, concerning undertakings and workers

Transnational pilot projects cover innovation in vocational training, with a view to taking
into account technological change and its impact on work and the necessary qualifications
and skills. LEONARDO DA VINCI also supports transnational cooperation in investment
in continuing vocational training for workers, the transfer of technological innovation in
the context of cooperation between undertakings and universities, and the promotion of
equal opportunities in vocational training for men and women.

Community support is granted for transnational placement and exchange programmes
between undertakings and universities and/or training bodies and for transnational
exchanges of people in charge of training.

Strand 3: Support for the development of language skills, knowledge and the
dissemination of innovation in the field of vocational training

This strand supports cooperation with a view to improving language skills through the
design and implementation of transnational pilot projects and exchange programmes, the
development of knowledge by means of surveys and analyses and through the exchange
of comparable data in the field of vocational training. This strand also intends to
disseminate innovation in the field of vocational training by means of multiplier-effect
projects and .transnational exchange programmes. The latter exchange programmes are
implemented under the study visit programme administered by CEDEFOP.

29.09.96 44

Strand 4: Support measures

This strand concerns the coordination and monitoring of the programme through the
establishment of a cooperation network between the participating countries and the
implementation of information, monitoring and evaluation measures.

Budget 1995-1999: MECU 620.

29.09.96 45

**Annex 3:** **The context** **of** **and Community programmes relating** **to** **Community**
**training and mobility grants for researehers (Marie** **·Curie** **grants!-**

**A.** **Community measures for training through researeh and the mobility** **of** **researehers**

1. Summary of the development of measures

The European Community has a long tradition of training and mobility for researchers
which goes back to its origins, particularly within the context of EURA TOM. Activities
relating to the training and mobility of researchers have developed in three phases, which
are characterised by different political and administrative guidelines and by increasingly
significant budget allocations.

The first phase covers the period from the launching of EURATOM RTD
activities up until 1985. During this period, approximately 50 grants a year were
awarded, funded under a specific budget heading. Research projects covered the
thematic fields of Community RTD programmes.

The second phase gave effect to the decision by the budgetary authority to
"sectoralise" training through research, and led to the implementation in 1986 of
a single system applicable to all RTD programmes. This phase basically covers
the period of the Second Framework Programme (1987-1991) which enabled the
funding of approximately 2 300 grantholders, corresponding to a commitment of
approximately MECU 100, allocated to different programmes. During this phase,
the number of grants awarded reached approximately 460 per year.

The third phase began with the implementation of the Third Framework
Programme in 1992. A specific programme, Human Capital and Mobility (HCM)
was adopted for the training and mobility of researchers. This programme enabled
the funding of:

    - approximately 1 800 individual grants;

    - approximately 760 institutional grants (corresponding to financial support
for approximately 2 000 researchers).

In addition to this programme, other specific RTD programmes, including the JRC, may
allocate a percentage of their budget to training and mobility measures for researchers.
Since 1992, these programmes have funded approximately 700 grants.
In all, the Third Framework Programme has made it possible to fund nearly 1 500
researchers per year for an average period of nearly two years.

During the last five years, Community activities relating to training and mobility for
researchers have undergone rapid growth in terms of budget and of grants awarded. It is

estimat~d that Community efforts in this field represent a significant proportion
(approximately 10%) of the financial resources devoted to this end by the Member States.

2. Trainin2 and mobility activities for researchers under the Fourth Framework
Programme (1994-1998)

All specific RTD programmes under the Fourth Framework Programme provide for the
funding of training through research and the mobility of researchers,

29.09.96 46

- either as an accompanying meast .re for programmes under the first, second and third
activities,

- or as the main measure for the programme under the fourth activity (Training and
Mobility of Researchers - TMR).

This latter programme, which is the reference programme in this field, defines the
operational procedures for the single system applicable to other RTD programmes,
particularly under the first activity [62] 

3. The specific programme "Training and Mobility for Researchers" (TMR) {l 994122fil63

Budget: ECU 792 million

Objectives:

To develop human resources in Europe in terms of quality and quantity;
To provide the Community with highly-qualified scientific staff;
To encourage participation by young researchers (aged under 3 5) in the
various activities under the programme.

The main activities are as follows:

NETWORKS FOR TRAINING THROUGH RESEARCH

Objectives:

To enable European research bodies to exchange or recruit young postdoctoral researchers on high-level projects;

To encourage cooperation between European laboratories.

Number of projects:

Previous programme (Human Capital and Mobility): 700 networks funded,
representing 6 000 researchers.
Current programme (Training and Mobility for Researchers): the objective is 200 ·
networks representing 1 200 researchers.

RESEARCH GRANTS (Marie Curie grants)

Main objective: To enable young researchers (under 35 years of age), preferably
at post-doctoral level, to undertake a research project in another Member State).

62

63

29.09.96

European Parliament and Council decision concerning the fourth framework programme of the European Community
activities in the field of research, technological development and demonstration (1994-1998), OJ L 126/32of18.5.1994.

Council Decision concerning the adoption of the programme on training and mobility of researchers for the period 19941998, OJ L 361, 31.12.1994.

47

4. The interim system for the TMR pro~ramme

                                          The interim system in force lays down the net and gross amounts of the grants
received, so that grant holders benefit from terms and conditions comparable to
those of national researchers at an equivalent level. These amounts were
determined by the national delegations on the TMR programme committee. They
differ significantly from one Member State to another according to the legal status
of grant holders (particularly concerning the gross . amount) and national policy
relating to researchers' salaries (particularly concerning the net amount).
Depending on the national legislation of the host country and the level of the
researchers, Community grant holders may be treated as one of the following:

students;
employees;
self-employed.

The total Community grant paid to the host institution under a training through research
contract includes:

a) an amount allocated to the grant bolder including:

a gross sum to cover subsistence expenses, including compulsory taxation and
social security contributions;
a mobility allowance (ECU 400/month for post-doctoral researchers and
EC 300/month for doctoral candidates);
a single flat-rate allowance: for travel expenses;

b) a flat-rate contribution of ECU 830/month to the host institution to cover research
and administrative costs.

In some countries, mobility and travel allowances may be treated as income and subject
to statutory contributions.

29.09.96 48

**Schedule in ECU/month**

COUNTRY CAT.20 STATUS CAT.30 STATUS

(pre-doctoral grant) (post-doctoral grant)

GROSS NET GROSS NET

(indicative) (indicative)

Austria 2547 1450 E 3057 1700 E

Belgium 3797 1400 E 4947 1700 E

Denmark 3439 1500 E 4251 1700 E

Finland 2748 1200 E 3765 1550 E

France 2397 1200 E 3390 1600 E

Germany 2194 1050 E 4388 2100 E

Greece 1622 950 E 2206 1300 E

Iceland 2158 1200 E 3150 1800 E

Ireland 1523 900 E 2944 1500 E

Italy 1505 1050 s 2468 1800 s

Luxembourg 2781 1800 E 3951 2300 E

Netherlands 2584 1500 E 3336 1800 E

Norway 2540 1450 E 3245 1750 E

Portugal 2258 1150 E 3377 1700 E

Spain 1301 1100 G 3 I I 1 1600 E

Sweden 1236 1200 G 1905 1900 G

Switzerland 2956 1900 E 4714 2900 E

United Kingdom 1071 1050 G 2546 1400 E

E = Employee; G = Grant holder; S = Self-employed

This system, adopted by the Commission on 31 October 1992, applies to all measures for
training researchers through research and mobility as set out in the Fourth Framework
Programme.

In the context of this system, the following definitions are used:

**Grant** **for** **training** **through research (MARIE** **CURIE** **grants):** a flat-rate allocation raised
from the Community research and technological development (RTD) programme budgets,
paid to an institution under the terms of a contract setting out arrangements for the
reception and training through research and mobility of a researcher (the grant holder).

**Grant** **holder:** the researcher accepted by the institution to carry out a project under the
terms of an agreement concluded between participants, and for whose benefit a part of
the grant is allocated.

**Contract:** the contract between the Commission and the institution covering the funding
and execution of the project.

**Associated** ~ountry: a non-member country with a financial stake in a specific RTD
programme under the terms of an agreement with the Community.

**Host institution:** **an** entity with legal personality with the particular objectivy of carrying
out research, especially a university, research centre or undertaking, acting as host to the
grant holder and meeting eligibility criteria.

29.09.96 49

**Host laboratoiy: a** research unit legally dependent on the institution, situated either within
the establishment or within its State of establishment, another Member State or an
associated country. The research unit will off er the necessary conditions for c~ing out
the project.

**Participants:** the grant holder and the institution taking part in the execution of the
project.

**Host** **country:** the Member State or associated country in which the project is to be carried

out.

**Project:** the RTD project for training the grant holder through research.

**B.** **Report by the** **Group** **of** **Experts on Community research** **training** **and** **mobility**
**grants**

1. In October 1994 the European Commission set up a Group of Experts nominated
by the Member States (CREST delegates, chaired by Dr. H. Pfeiffert and
comprising representatives of the Ministries of Research and Finance of the
Member States) in order to define a single scheme in accordance with the
declarations made in the minutes of the Research Council of 1 December 1994.

The report and recommendations of the Group of Experts were approved by the
experts on 4 May 1995. Its conclusions are listed below.

2. Summary

This report to the Commission was prepared by a "Group of Experts" (GE)
composed of representatives of the Ministries of Finance and Science and
Technology of the 15 Member States (Norway) (MS/AS). The GE was set up to
examine possibilities for a new fellowship scheme for use in the third activity
"Training through Research" of the TMR programme.

The GE noted that the final scheme to implement this activity should be based on
the following principle as defined by the Council, namely:

_"a_ _new single scheme or equivalent measures_ _shaU_ _be_ _adopted_ _for_ _implementation_
_with a view to providing overaU conditions_ _for_ _the fellow which_ _are_ _comparable_
_as between themselves and with those_ _for_ _researchers at the same level in the host_
_country"._

The GE met in plenary session four times. Information on national fiscal and
social regimes was provided by the MS/ AS representatives. Several possible
schemes were discussed, which broadly divided into those which took account of
existing national legislation and those requiring Community legislative initiative.

The GE concluded that :

In general, differences in tax treatment between MS/ AS were barriers to
mobility, and posed problems necessitating Community action;
The "interim scheme", based on national legislation, is, after possible
improvements, the most viable scheme for TMR at the moment.

29.09.96

50

29.09.96

However, it was acknowledged by most of the members of the GE that
Community action could bring benefits both by providing a common
regime guaranteeing comparability between EC fellows and by si_!!lplifying
the administration of the fellowships activity. Such a scheme should be
considered for the Fifth Framework Programme.

The GE recommended the following:

The final scheme for the TMR programme should take account of national
fiscal and social security systems and be based on the 1995 "interim
scheme".

This "interim scheme" should be reviewed in 1996, providing an
opportunity to revise the 1995 financial provisions and. to reexamine the
management mechanism.

The Commission should urgently make every attempt to propose a
common solution to the problem of Community status for EC fellows
which would be applicable from the start of the Fifth Framework
Programme.
Strong opposition against a Community legislative initiative for equivalent
legal EC status for EC fellows was expressed by Germany, Denmark and
France.

Measures to improve the visibility and identity of the EC fellowship
programme should be undertaken.

51

**Annex** **4:** **Reference documents**

RESIDENCE

Council Directive 68/360 of 15 October 1968 on the abolition of restrictions on

movement and residence within the Community for workers of Member States and their
families, OJ L 257 of 19.10.1968 (FR version).
ENGLISH SPECIAL EDITION ... : SERIES-I 68(11) P. 485.

Regulation (EEC) No 1612/68of15 October 1968 on freedom ·of movement for workers
within the Community, OJ L 257 of 19.10.1968 (FR version).
ENGLISH SPECIAL EDITION ... : SERIES-I 68(II) P. 475.

Council Directive 73/148 of 21 May 1973 on the abolition of restrictions on movement
and residence within the Community for nationals of Member States with regard to
establishment and the provision of services, OJ L 172 of 28.6.1973.

Council Directive 90/364 of 28 June 1990 on the right of residence, OJ L 180 of

13.7.1990.

Council Directive 93/96 of 29 October 1993 on the right of residence for students, OJ L
317of18.12.1993.

SOCIAL SECURITY FOR MIGRANT WORKERS

Regulations

29.09.96

Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of
social security schemes to employed persons and their families moving within the
Community, amended and updated by Regulation (EEC) No 2001/83 of 2 June
1983 (OJ L 230, 22.8.1983) and subsequently amended from 1985 to 1992 by
eleven Council Regulations

Council Regulation (EEC) No 574/72 of 21 March 1972 fixing the procedure for
the application of social security schemes to employed persons and their families
moving within the Community

52

Annex 5: Joint opinions of the social partners

"Joint opinion on the creation of a European occupational and geographical
mobility area and improving the operation of the labour market in Europe", 13
February 1990:

_"The social partners emphasise that the establishment_ _of_ _a Community mobility area_
_constitutes a factor_ _of_ _dynamism in the European economy from the point_ _of_ _view_ _of_ _both_
_its occupational and geographical dimensions, each_ _of_ _which has its own mechanisms and_
_determining factors_ ... _In a European territory with no internal frontiers, a genuine_
_European mobility_ _area_ _within which every worker_ _has_ _the right freely to choose his place_
_of_ _activity, many obstacles limiting the_ _range_ _of_ _choices nonetheless remain. These_
_obstacles_ _are_ _of_ _the following types:_

_a)_ _regulatory: disparities relating to free movement and social protection systems (non-_
_transferability_ _of_ _supplementary pensions, and certain other social benefits); absence_ _of_
_comparability and reciprocal recognition_ _of_ _quaUfications; limitations_ _as_ _regards access_
_to_ _the public sector; disparity_ _of_ _tax systems_ _..._ _;_

_b)_ _economic and cultural: costs connected with_ _removal._ _and resettlement; language_
_difficulties_ ...

_As_ _regards the measures to be promoted concerning aids_ _to_ _geographical and occupational_
_mobility, the non-transferability_ _of_ _supplementary pensions, the non-comparability_ _of_
_occupational qualifications, the teaching_ _of_ _languages_ _..._ _, the two sides_ _of_ _industry declare_
_their readiness_ _to_ _contribute_ _to_ _the search_ _for_ _solutions_ _in_ _their respective fields_ _of_
_competence. They consider that_ _al.I_ _persons wishing_ _to_ _move must have at their disposal_
_al.I_ _practical information concerning mobility and living and working conditions in the_
_host country._ "

"Joint opinion on education.and trainingtr of 19 June 1990:

_"Increased efforts should be made to encourage teachers and instructors to take part in_
_exchange schemes and practical training,_ _to_ _familiarise teachers with the latest_
_developments_ _put_ _into effect in fi1ms, new technologies_ ... "

"Joint opinion on ways of facilitating the broadest possible effective access to
training opportunities" of 20 December 1991:

_"The success_ _of_ _the intemal market will depend to a_ _large_ _extent on the skills_ _of_ _workers_
_and the competitiveness_ _of_ _the firms which employ them. This means that it is essential_
_for_ _the Community workforce to have the broadest possible access to training_
_opportunities in order_ _to_ _upgrade existing skills and acquire new ones._ "

29.09.96 53

Annex 6: Obstacles encountered in the European Community and countries of the
European Economic Area by recipients of community grants comjng from

                                                  Central and Eastern European countries

Ten Central and Eastern European countries (Poland, Hungary, Czech Republic, Slovak
Republic, Bulgaria, Romania, Latvia, Lithuania, Estonia and Slovenia) have signed, or are
about to sign association agreements with the European Union. In the context of this preaccession strategy, these states are going to be confronted with problems of the
transposition of measures relating to the Single Market.

Between 1990 and 1996 about 23000 students and 30000 teachers from these countries

have undertaken periods of mobility in European Union countries. This number is
significant enough to justify the inclusion of obstacles to this mobility in this Green
Paper. these issues are equally relelvant to those countries which are progressively
becoming involved in the Socrates and Leonardo da Vinci programmes.

I - Visas

There are a large number of instances that can be cited under this heading. Nationals of
certain Central European countries are issued with visas allowing them to enter those
countries, though they often encounter significant delays, thus jeopardising the mobility
action in question. The lack of an embassy in Community countries, to assist in the
reception of mobility candidates, will sometimes lead them to go to a third country.

II - Social Security

In the absence of bilateral agreements between some of the participating countries and
Member States, it has been necessary, within a particular programme to resort to
individual health insurance for the duration of the stay.

National Contact Points and relevant services in universities are generally able to give
advice about the best value options in this area.

III - Problems with students' grants

The value of grants for students is generally considered to be adequate, but can be
stretched to the limit in countries with a high cost of living (D, NL, UK).

29.09.96 54

IV - Recognition of periods of study

Too often, students coming from Central European countries do not receive complete
recognition of periods of study and are often obliged to prolong their studies in their
home country in order to be able to obtain their qualification. this is a regrettable
situation. It is true that the problem is solved when mobility takes place in the 5th year
(given over to the writing of a dissertation or thesis), though this solution is not
satisfactory, as mobility should be applicable to all levels of study.
In the first place, institutions sending students should be more flexibile in the organisation
of their courses. After that, the systematic introduction of the ECTS should give students
a more concrete guarantee of recognition.

V - Language skills

Linguistic problems do not appear to have caused major problems in the organisation of
mobility actions from Central Eu~eopan Countries to the European Community, as foreign
languages are widely spoken among the student population of these countries and
constitute one of the criteria for awarding grants to students and teachers. however two
problems should be highlighted:

the low number of Central European students that speak foreign languages other
than English, French or German makes mobility towards other Member States
difficult;

on the other side of the coin, development of the hitherto limited character of
TEMPUS within the Socrates programme is hindered by linguistic barriers for
students travelling from the European Community to Central European countries.

29.09.96

55

Annex 7: Glossaiy

CEDEFOP: European Centre for the Development of Vocational Training

EC: European Community

ECfS: European Credit Transfer System

EEA: European Economic Area

EU: European Union

EURFS: - European Employment Services

IRDAC: Industrial Research Development Advisory Committee

NARIC: Network of National Academic Recognition Infonnation Centres

OECD: Organisation for Economic Co-operation and Development

RTD: Research and Technological Development

TMR: 'Training and Mobility for Researche~" programme

29~~96 56

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