CELEX: 51999PC0052
Language: en
Date: 1999-02-02
Title: Amended proposal for a Council Decision adopting the third phase of the trans-European cooperation scheme for higher education (Tempus III) (2000-2006)

C 87/102              EN              Official Journal of the European Communities                          29.3.1999
               Amended proposal for a Council Decision adopting the third phase of the trans-European
                                 scheme for higher education Tempus III (2000Ð2006) (1)
                                                      (1999/C 87/04)
                                                  (Text with EEA relevance)
                                          COM(1999) 52 final Ð 98/0246 (CNS)
              (Presented by the Commission pursuant to Article 189 a (2) of the EC-Treaty on 3 February
                                                            1999)
              (1) OJ L 270, 29.8.1998, p. 9.
                      ORIGINAL PROPOSAL                                                AMENDED PROPOSAL
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European
Community, and in particular Article 235 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European
Parliament,
Having regard to the opinion of the Economic and
Social Committee,
Having regard to the opinion of the Committee of the
Regions,
                                                                  New recital preceding recital 1
                                                                  Whereas the European Council meeting in Strasbourg
                                                                  on 8 and 9 December 1989 called on the Council to
                                                                  adopt, on the basis of a proposal from the
                                                                  Commission, measures aimed at enabling the Central
                                                                  and Eastern European countries to take part in
                                                                  programmes in the areas of education and/or training
                                                                  similar to the existing Community programmes;
  (1) Whereas the Council on 18 December 1989
       adopted Regulation (EEC) No 3906/89 on
       economic aid to the Republic of Hungary and
       the Polish People's Republic (2), which provides
       for aid to support the process of economic and
       social reform in Central and Eastern European
       countries in areas including training, and on
       25 June 1996 adopted Regulation (EC, Euratom)
       No 1279/96 concerning the provision of
       assistance to economic reform and recovery in
       the new independent states of the former Soviet
       Union and Mongolia (3),
  (2) Whereas on 29 April 1993 the Council adopted
       the second phase of the trans-European
(2) OJ L 375, 23.12.1989, p. 11. Regulation amended most
    recently by Regulation (EEC) No 753/96 (OJ L 103,
    26.4.1996, p. 5).
(3) OJ L 165, 4.7.1996, p. 1.
 ---pagebreak--- 29.3.1999           EN               Official Journal of the European Communities                                 C 87/103
                     ORIGINAL PROPOSAL                                               AMENDED PROPOSAL
      cooperation scheme for higher education
      (Tempus II) for a period of four years from 1 July
      1994 (1) and thereafter amended its decision on
      21 November 1996 to extend to six years the
      duration of this programme (1994-2000)
      (96/663/EC) (2);
  (3) Whereas the countries of Central and Eastern
      Europe, the new independent states of the former
      Soviet Union and Mongolia, which are
      beneficiaries of the PHARE and TACIS
      programmes, consider training and, in particular,
      higher education to be one of the key areas for
      the process of economic and social reform;
                                                                Recital 3 a (new)
                                                                Whereas cooperation on higher education strengthens
                                                                and deepens the whole fabric of relations existing
                                                                between the peoples of Europe, brings out common
                                                                cultural values, allows fruitful exchanges of views to
                                                                take place and facilitates multinational activities
                                                                in the scientific, cultural, artistic, socio-economic and
                                                                commercial spheres;
  (4) Whereas the recent establishment of Tempus in
      the non-associated countries of Central and
      Eastern Europe, in the new independent states of
      the former Soviet Union and in Mongolia, whose
      needs are greater and whose areas are more
      extensive, fully warrants the continuation of the
      measures undertaken;
                                                                Recital 5
  (5) Whereas Tempus can make an effective                       (5) Whereas Tempus can make an effective
      contribution to the reform of higher education                  contribution to the structural development of
      systems required to improve occupational skills                 higher     education     required      to   improve
      adapted to the necessary economic reforms and                   occupational skills adapted to economic reform
      whereas there is no other instrument for                        and whereas there is no other instrument for
      achieving this objective;                                       achieving this objective;
                                                                Recital 5 a (new)
                                                                Whereas Tempus can also make an effective
                                                                contribution, via universities and university staff,
(1) OJ L 112, 6.5.1993, p. 34.
(2) OJ L 306, 28.11.1996, p. 36.
 ---pagebreak--- C 87/104           EN               Official Journal of the European Communities                             29.3.1999
                    ORIGINAL PROPOSAL                                              AMENDED PROPOSAL
                                                               to the development of public administration and
                                                               education structures in the Central and Eastern
                                                               European countries, the new independent states and
                                                               Mongolia;
 (6) Whereas Tempus can contribute to the
     restoration of cooperation, interrupted by recent
     events, between neighbouring regions of the
     Community and whereas this cooperation is a
     factor of peace and stability in Europe;
                                                               Recital 7
 (7) Whereas the associated countries in the                    (7) Whereas the associated countries in the
     pre-accession phase which have taken part in                   pre-accession phase which have taken part in
     Tempus I and Tempus II could now make a                        Tempus I and Tempus II could now, thanks to
     useful contribution alongside the Member States                the experience they have acquired, make a useful
     in assisting the partner countries who came into               contribution alongside the Member States in
     the programme at a much later stage to                         assisting the partner countries who came into the
     restructure their higher education systems;                    programme at a much later stage to restructure
                                                                    their higher education systems;
 (8) Whereas Article 11 introduced by Council
     Decision (96/663/EC) stipulates that the
     Commission must carry out an evaluation of the
     implementation of the Tempus programme and
     submit no later than 30 April 1998 a proposal
     for the extension or the adjustment of the
     programme for the period commencing on 1 July
     2000;
                                                               Recital 9
 (9) Whereas the competent authorities in the                   (9) Whereas the competent authorities in the
     countries of Central and Eastern Europe, the                   countries of Central and Eastern Europe, the
     new independent states of the former Soviet                    new independent states of the former Soviet
     Union and Mongolia, the users of the                           Union and Mongolia, the users of the
     programme, the structures responsible for                      programme, the structures responsible for
     organising it in the eligible countries and in the             organising it in the eligible countries and in the
     European Community, and the experts and                        European Community, and the experts and
     qualified representatives reflecting the views of              qualified representatives reflecting the views of
     the university world in Europe, share the                      the university world in Europe, share the
     findings of the evaluation report attesting to the             findings of the evaluation report attesting to the
     capacity of Tempus to make an effective                        capacity of Tempus to make an effective
     contribution in the eligible countries to the                  contribution in the eligible countries to the
     diversification of educational opportunities and               diversification of educational opportunities and
     to cooperation between universities, thereby                   to cooperation between universities, thereby
     paving the way for the development of scientific,              paving the way for the development of scientific,
     cultural and cooperation;                                      cultural and economic and social cooperation;
 ---pagebreak--- 29.3.1999           EN               Official Journal of the European Communities                             C 87/105
                    ORIGINAL PROPOSAL                                                AMENDED PROPOSAL
                                                                Recital 9 a (new)
                                                                Whereas the possibility should be provided of carrying
                                                                out joint activities between the Tempus III programme
                                                                and other Community programmes or actions with an
                                                                educational and/or training-related dimension, thus
                                                                stimulating synergies and increasing the added value
                                                                of each of the Community actions;
(10) Whereas the Treaty does not provide, for the
      action concerned, powers other than those of
      Article 235, and the conditions for the use of
      that Article have been satisfied;
HAS DECIDED AS FOLLOWS:
                         Article 1
                 Duration of Tempus III
The third phase of the trans-European cooperation
scheme for university studies (hereinafter referred to as
Tempus III') is hereby adopted for a period of six
years as form 1 July 2000.
                         Article 2
                    Eligible countries
Tempus III concerns the non-associated countries of
Central and Eastern Europe eligible for economic aid
by virtue of Regulation (EEC) No 3906/89 (PHARE
programme) (1), and the new independent states of the
former Soviet Union and Mongolia mentioned in
Regulation (EC, Euratom) No 1279/96 (TACIS
programme), subject to these assistance programmes
being prolonged for the period referred to. These
countries are hereinafter referred to as eligible
countries'.
On the basis of an evaluation of the specific situation
of each country the Commission, in accordance with
the procedures set out in the abovementioned
regulations, shall determine in agreement with the
eligible countries concerned whether they should
participate in Tempus III, and the nature and the
conditions of their participation in the national
planning of Community assistance for social and
economic reform.
(1) At present Albania, Bosnia-Herzegovina and the former
    Yugoslav Republic of Macedonia.
 ---pagebreak--- C 87/106            EN              Official Journal of the European Communities                           29.3.1999
                    ORIGINAL PROPOSAL                                             AMENDED PROPOSAL
                        Article 3
                       Definitions
For the purposes of Tempus III:
(a) university' means any type of post-secondary
     teaching and training establishment which, in
     higher education and training, award higher level
     qualifications or diplomas, offers higher level
     qualifications or diplomas, whatever such
     establishments may be called in the Member
     States;
(b) industry' and company' cover all types of
     economic activity, irrespective of legal status,
     local authorities and public law bodies,
     autonomous business organisations, chambers of
     commerce and industry and/or their equivalents,
     professional associations, employers' and workers'
     organisations, and the training bodies of the
     institutions and organisations mentioned above.
Each Member State or eligible country may determine
what types of establishment referred to in point (a)
can participate in Tempus III.
                        Article 4
                          Aims
The aims of Tempus III are to promote, in line with
the guidelines and general objectives of the PHARE
and TACIS programmes for economic and social
reform, the developement of the higher education
systems in the eligible countries through the most
balanced cooperation possible with the partners of all
the Member States of the Community.
These actions are open to the associated countries of
Central and Eastern Europe so that what has been
achieved through Tempus can be shared with the
neighbouring countries and in order to develop
regional cross-border cooperation.
                                                               Article 4(3)
More specifically, Tempus III is intended to help the          More specifically, Tempus III is intended to facilitate
higher education systems in the eligible countries to          the adaption of higher education to the new
address:                                                       socio-economic and cultural needs of the eligible
                                                               countries by addressing:
 ---pagebreak--- 29.3.1999            EN              Official Journal of the European Communities                          C 87/107
                     ORIGINAL PROPOSAL                                             AMENDED PROPOSAL
(a) issues relating to the development and reshaping
     of teaching syllabuses in the priority areas;
(b) reform of higher education structures             and
     establishments and their management;
(c) the development of training opening on to
     qualifications, with a view to making good the
     shortage of high level skills needed for the period
     of economic reform, particularly by improving
     and increasing links with industry.
The Commission will, when pursuing the objectives of            The Commission will, when pursuing the objectives of
Tempus III, endeavour to adhere to the Community's              Tempus III, endeavour to adhere to the Community's
general policy on equal opportunities for men and               general policy on equal opportunities for men and
women. The same will apply for disadvantaged groups             women. The Commission will also endeavour to
such as those suffering from handicaps.                         ensure that no group of citizens is excluded or
                                                                disadvantaged for any reason whatsoever.
                         Article 5
           Dialogue with the eligible countries
In agreement with the competent authorities in each
country, the Commission will define the detailed
priorities and objectives for the role of Tempus III in
the national strategy for economic and social reform,
on the basis of the programme's objectives and the
provisions set out in the Annex, and in conformity in
particular with:
(a) (i) the general       objectives   of   the   PHARE
          programme;
     (ii) the general objectives of the TACIS
          programme, with particular reference to its
          sectoral aspects;
(b) the policy of each eligible country on economic,
     social and educational reforms;
(c) the need to strike an appropriate balance between
     the priority areas selected and the resources
     allocated to Tempus III.
 ---pagebreak--- C 87/108             EN              Official Journal of the European Communities                29.3.1999
                     ORIGINAL PROPOSAL                                          AMENDED PROPOSAL
                         Article 6
                        Committee
(1)    The Commission shall implement the Tempus III
programme in accordance with the provision set out in
the Annex, with the detailed guidelines to be adopted
every year as a function of the objectives and priorities
defined in Agreement with the competent authorities
in each eligible country, as described in Article 5.
(2)    The Commission shall be assisted in the
implementation of this task by an advisory committee
comprising a representative of each Member State and
chaired by the representative of the Commission.
(3)    The Commission representative shall submit to
the Committee drafts for measures relating to:
(a) the general guidelines governing Tempus III;
(b) the selection procedures and the general
     guidelines for the Community's financial
     contribution       (amounts,      duration       and
     beneficiaries);
(c) matters concerning the general balance of
     Tempus III, including the breakdown across the
     various actions;
(d) the detailed priorities and objectives to be defined
     with the competent authorities in each eligible
     county;
(e) the arrangements for monitoring and evaluating
     Tempus.
(4)    The Committee shall deliver its opinion on these
draft measures within a time limit which the
Chairman may lay down according to the urgency of
the matter, if necessary by taking a vote.
The opinion shall be recorded in the minutes; in
addition, each Member State shall have the right to
ask to have its position recorded in the minutes.
 ---pagebreak--- 29.3.1999            EN               Official Journal of the European Communities                             C 87/109
                      ORIGINAL PROPOSAL                                               AMENDED PROPOSAL
(5)    The Commission shall take the utmost account
of the opinion delivered by the Committee. It shall
inform the Committee of the manner in which its
opinion has been taken into account.
                          Article 7
      Cooperation with the competent institutions
(1)    The Commission shall cooperate with the
institutions of each of the eligible countries designated
and set up to coordinate the relations and structures
needed to implement Tempus III, including the
allocation of funds earmarked by the eligible countries
themselves.
(2)    In addition, for the implementation of
Tempus III, the Commission shall cooperate closely
with the competent national institutions designated by
the Member States. It shall take due account whenever
possible of bilateral measures taken in this context by
the Member States.
                          Article 8
          Links with other Community actions                     Article 8
In line with the procedure set out in Article 6(3) of            In line with the procedure set out in Article 6(3) of
this Decision and, if applicable, the procedure defined          this Decision and, if applicable, the procedure defined
in Article 9 of Regulation (EEC) No 3906/89 and in               in Article 9 of Regulation (EEC) No 3906/89 and in
Article 8 of Regulation No 1279/96, the Commission               Article 8 of Regulation No 1279/96, within the limits
shall ensure consistency and, complementarity between            established by the annual budgetary decisions, the
Tempus III and other Community actions undertaken                Commission shall ensure consistency and, if necessary,
both in the Community and as part of assistance                  complementarity between Tempus III and other
provided to eligible countries, particularly with regard         Community actions undertaken both in the
to the activities of the European Training Foundation.           Community and as part of assistance provided to
                                                                 eligible countries, particularly with regard to the
                                                                 activities of the European Training Foundation.
                          Article 9
  Coordination with action taken in non-Community
                          countries
(1)    The Commission shall organise appropriate
coordination with actions undertaken by countries not
 ---pagebreak--- C 87/110              EN               Official Journal of the European Communities                29.3.1999
                       ORIGINAL PROPOSAL                                          AMENDED PROPOSAL
members of the Community (1) or by universities and
the business sector in this country in the same field as
Tempus III, including, where applicable, participation
in Tempus III projects.
(2)     This participation may take a variety of forms,
including one or more of the following:
Ð     participation in Tempus III projects on an
      co-financing basis;
Ð     using the opportunities available under Tempus III
      to redirect exchange actions receiving bilateral
      funding;
Ð     coordination between Tempus III and national
      initiatives which have the same aims but which
      are funded and managed separately;
Ð     mutual exchange of information on all relevant
      initiatives in this field.
                           Article 10
                        Annual report
An annual report on the operation of Tempus III shall
be forwarded by the Commission to the European
Parliament, the Council, the Economic and Social
Committee and the Committee of the Regions. This
report shall be forwarded to the eligible countries for
information.
                           Article 11
           Monitoring and evaluation Ð reports
In accordance with the procedure described in
Article 6(3), the Commission shall see to the
arrangements for regular monitoring and external
(1) These countries are the members of the Group of 24,
    other than the Member States of the Community, the
    Republic of Cyprus and Malta, and the associated
    countries of Central and Eastern Europe, and
    participation relates to projects with the non-associated
    countries of Central and Eastern Europe eligible under
    the PHARE programme.
 ---pagebreak--- 29.3.1999              EN                 Official Journal of the European Communities                C 87/111
                       ORIGINAL PROPOSAL                                             AMENDED PROPOSAL
evaluation of experience gained with Tempus III,
taking due account of the specific objectives in
Article 4 and the national objectives defined in
accordance with Article 5.
It shall submit by 30 April 2004 an interim report on
the findings of the evaluation, together with any
proposals for extending or adjusting Tempus for the
period commencing on 1 July 2006.
The Commission shall submit a final report no later
than 30 June 2009.
                            ANNEX
                     Joint European projects
(1)  The European Community will provide support for
     Joint European Projects.
     The JEPs will associate at least one university in an
     eligible country, one university from a Member State
     and a partner establishment (university or company) in
     another Member State.
(2)  Support for JEPs can be provided for activities
     according to the specific needs of the establishments
     concerned and in line with the priorities established,
     including:
     (i)    joint teaching and training actions, particularly
            with a view to creating new courses, developing
            and restructuring existing teaching programmes,
            boosting university capacity to provide continuing
            and refreshing training, setting up short intensive
            courses, and developing distance teaching systems;
     (ii)   measures for the reform and development of
            higher education and its capacity, particularly by
            restructuring the management of higher education
            establishments and systems, by modernising
            existing infrastructures, by acquiring the
            equipment needed to implement a JEP and, where
            applicable, by providing technical and financial
            assistance to the authorities responsible;
 ---pagebreak--- C 87/112              EN                 Official Journal of the European Communities                                29.3.1999
                      ORIGINAL PROPOSAL                                               AMENDED PROPOSAL
    (iii) the promotion of cooperation between the
          university and the socio-economic players,
          including industry, through joint actions;
    (iv)  the development of mobility for teachers,
          administrative staff at universities and students
          under JEPs:
          (a)   grants       will     be      provided       for            (a) grants       will     be      provided       for
                teaching/administrative staff at universities or                teaching/administrative staff at universities or
                to trainers in companies in the Member                          to trainers in companies in the Member
                States to carry out teaching/training                           States to carry out teaching/training
                assignments for periods lasting from one                        assignments for periods lasting up to one
                week to one year in eligible countries and                      year in eligible countries and vice versa;
                vice versa;
          (b)   grants       will     be       awarded        to
                teaching/administrative staff of universities in
                the eligible countries to undertake periods of
                retraining and updating in the European
                Community;
          (c)   grants will be available for students up to
                and including post graduate level, targeting
                both students in the eligible countries
                undertaking a period of study in the
                European      Community       and     European
                Community students undertaking a period of
                study in the eligible countries. These grants
                will normally be granted for a period of three
                months to one year;
          (d)   for students taking part in JEPs with the
                specific aim of promoting mobility, priority
                will go to students taking part in projects for
                which their university of origin will give full
                academic recognition to the period of study
                spent abroad;
          (e)   support will be provided for practical or
                in-company training periods of one month to
                one year for teachers, trainers, students and
                graduates of the eligible countries between
                the end of their studies and their first job, so
                that they can undertake a period of practical
                training in companies in the Community and
                vice versa;
    (v)   activities to ensure the success of a JEP involving
          two or more eligible countries.
 ---pagebreak--- 29.3.1999              EN                 Official Journal of the European Communities                C 87/113
                        ORIGINAL PROPOSAL                                            AMENDED PROPOSAL
           Structural and/or complementary measures
Financial support will be provided for certain structural
and/or complementary measures (particularly technical
assistance, seminars, studies, publications, information
activities) to support the objectives of the programme,
particularly the development and restructuring of higher
education systems in the eligible countries.
Under the structural measures, financial aid will be granted
inter alia in order to:
Ð     develop and strengthen the capacity for strategic
      planning and institutional development of higher
      education establishments at university or faculty level;
Ð     establish a plan to develop universities under structural
      contracts to help them build up international relations;
Ð     support the spread of durable cooperation actions
      targeting the Tempus objectives;
Ð     prepare a national strategy in a given eligible country to
      develop a specific aspect of higher education.
                         Individual grants
In addition to the JEPs and the structural and/or
complementary measures, the European Community will also
support the provision of individual grants to teachers,
trainers, university administrators, senior ministerial officials,
education planners and other experts in training from eligible
countries or from the Community, for visits to promote the
quality, development and restructuring of higher education
and training in the eligible countries.
These visits could inter alia cover the following areas:
Ð     the development of courses and teaching material;
Ð     the development of staff, particularly through periods of
      refresher training and in-company placements;
Ð     teaching assignments;
Ð     activities to    support   the   development    of  higher
      education.
 ---pagebreak--- C 87/114            EN               Official Journal of the European Communities                29.3.1999
                    ORIGINAL PROPOSAL                                           AMENDED PROPOSAL
                     Support actions
(1) The Commission will receive the technical assistance
    needed to underpin the action taken pursuant to this
    decision and to monitor programme implementation.
(2) Support will be provided for appropriate external
    evaluation of Tempus III.