CELEX: 51989PC0613
Language: en
Date: 1989-12-07
Title: PROPOSAL FOR COUNCIL DECISIONS CONCERNING THE CONCLUSION OF AGREEMENTS BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE EFTA COUNTRIES ESTABLISHING COOPERATION IN THE FIELD OF TRAINING IN THE CONTEXT OF THE IMPLEMENTATION OF COMETT II ( 1990-1994 )

5. 3. 90                                 Official Journal of the European Communities                               No C 53/67
              Proposal for Council Decisions concerning the conclusion of Agreements between the European
              Economic Community and the EFTA countries establishing cooperation in the field of training in
                                the context of the implementation of Comett II (1990 to 1994).
                                                       COM(89) 613 final
                                     (Submitted by the Commission on 12 December 1989)
                                                          (90/C 53/06)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            of Norway, the Kingdom of Sweden and the Swiss
Having regard to the Treaty establishing the European               Confederation, respectively, by its nature enriches the
Economic Community, and in particular Article 235                   impact of Comett II actions so as to strengthen the skill
                                                                    level of human resources in Europe.
thereof,
Having regard to the proposal from the Commission,                  HAS DECIDED AS FOLLOWS:
Having regard to the opinion of the European Parliament,
                                                                                              Article 1
Whereas, by Decision 89/27/EEC (x), the Council adopted
the second phase of the programme on cooperation                    The Agreement between the European Economic Com-
between universities and industry regarding training in the         munity and the Republic of Austria, the Republic of
field of technology (Comett II) (1990 to 1994);                     Finland, the Republic of Iceland, the Kingdom of Norway,
Whereas, by the Decision of 22 May 1989, the Council                the Kingdom of Sweden and the Swiss Confederation,
adopted the opening of the Comett II programme to the               respectively, establishing cooperation in the field of
EFTA countries; whereas Article 1 of that Decision                  training in the context of the implementation of Comett II
authorizes the Commission to negotiate — with those                 (1990 to 1994) is hereby approved on behalf of the
EFTA countries which so wish — agreements having as                 Community.
their objective cooperation in the field of training in             The text of the Agreement is attached to this Decision.
technology in the context of the implementation of Comett
II;
                                                                                              Article 2
Whereas a cooperation Agreement between the European
Economic Community and the Republic of Austria, the                 The President of the Council shall carry out the notification
Republic of Finland, the Republic of Iceland, the Kingdom           as provided for in Article 15 of the Agreement.
(!) OJ No L 13, 17. 1. 1989, p. 28.
 ---pagebreak--- No C 53/68                              Official Journal of the European Communities                                    5. 3. 90
                                                        AGREEMENT
               between the European Economic Community and the Republic of Austria, the Republic of Finland,
               the Republic of Iceland, the Kingdom of Norway, the Kingdom of Sweden and the Swiss
               Confederation, respectively, establishing cooperation in the field of training in the context of the
                                         implementation of Comett II (1990 to 1994)
THE EUROPEAN ECONOMIC COMMUNITY,                                                              Article 3
hereinafter referred to as 'the Community',
                                                                   For the purposes of the Agreement, the term 'university' is
                                                                   used in its general sense to indicate all types of post-
and the Republic of Austria, the Republic of Finland, the
                                                                   secondary education and training establishments which
Republic of Iceland, the Kingdom of Norway, the Kingdom
                                                                   offer, within the framework of initial and/or continuing
of Sweden and the Swiss Confederation, hereinafter
                                                                   training, qualifications or diplomas of that level, whatever
referred to as 'Austria', 'Finland', 'Iceland', 'Norway',
                                                                   such establishments may be called in the Contracting
'Sweden' and 'Switzerland', respectively,
                                                                   Parties; the term 'industry' is used to indicate all types of
                                                                   economic activity, including not only large but also small
hereinafter both referred to as 'Contracting Parties',
                                                                   and medium-sized businesses whatever their legal status
                                                                   and manner of applying new technologies. The term also
Whereas, by its Decision of 16 December 1988, the Council          covers independent economic organizations, in particular
of the European Communities, hereinafter referred to as            chambers of commerce and industry and/or their equi-
'the Council', adopted the second phase of the programme           valents, professional associations and organizations
on cooperation between universities and industry in the            representing employers or employees.
Community regarding training in the field of technology,
hereinafter referred to as 'Comett II';
                                                                                              Article 4
Whereas the Contracting Parties have a common interest in
cooperation in this field, as part of the wider cooperation
between the Community and the EFTA countries in the                As far as the different strands of Comett II are concerned,
field of education and training;                                   the participation of universities and industry from ... in
                                                                   Comett II activities and projects shall be subject to the
Whereas in particular cooperation between the Com-                 following conditions and rules:
munity and ... with a view to pursuing the objectives fixed
for Comett II, by its nature enriches the impact of Comett                                 1. STRAND A
actions so as to strengthen the skill levels of human
resources in the Community and ...;                                Development of university-industry training partnerships
                                                                                               (UITP)
Whereas the Contracting Parties consequently expect to
obtain mutual benefit from the participation of... in              The content and the objectives of this strand shall be those
Comett II,                                                         indicated in Annex I, point 4, Section A (A — European
                                                                   network).
HAVE AGREED AS FOLLOWS:                                            The Community and organization from ... may benefit
                                                                   from the different measures referred to above on the same
                                                                   basis as Community Member States and bodies and under
                          Article 1                                the same conditions.
                                                                   With regard to UITPs of a sectoral nature, however, the
A cooperation between the Community and ... shall be
                                                                   following conditions shall apply:
established in the field of training in technology in the
context of the implementation of Comett II. The summary
                                                                   (i) As project promoters, universities and industry from ...
of the Comett II programme and its objectives are set out in
                                                                       may only submit applications for financial support for
Annex I.                                                               the creation of a sectoral UITP in which organizations
                                                                       from at least two Community Member States are
                                                                       participating. Such projects may additionally include
                          Article 2                                    partner organizations from other EFTA countries
                                                                       having a cooperation Agreement concerning Comett II.
The Community shall take part in a range of measures to
promote cooperation between universities and industry              (ii)As project participants, universities and industry
in ..., on the one hand, and Community universities and                from ... may be members of a sectoral UITP promoted
industry, on the other hand, regarding initial and                     by universities and/or industry of a Community
continuing training in the field of, in particular, advanced           Member State, provided that the project concerned
technology, within the framework of Comett II.                         already meets — without the participation of the EFTA
 ---pagebreak--- 5. 3. 90                                Official Journal of the European Communities                               No C 53/69
    partner — the conditions of eligibility prescribed for         Universities and industry from ... may also participate in
    such projects. Universities and industry from ... may          projects promoted by a university or industry from another
    also participate in projects promoted by universities          EFTA country having a cooperation Agreement concerning
    and/or industry from other EFTA countries having a             Comett II, provided that those projects meet the require-
    cooperation Agreement concerning Comett II, provided           ment that organizations from at least two Community
    that those projects meet the requirement that organiza-        Member States are participating in the project.
    tions from at least two Community Member States are
    participating in the project.                                                          4. STRAND D
                                                                      Information arrangements, complementary promotion
                        2. STRAND B                                                    and back-up measures
                   Transnational exchanges                         The content and the objectives of this strand shall be those
                                                                   indicated in Annex I, point 4, Section D (D — Information
                                                                   arrangements, complementary promotion and back-up
The content and the objectives of this strand shall be those       measures).
indicated in Annex I, point 4, Section B (B — Transnational
exchanges).                                                        ... shall participate in the information arrangements for
                                                                   Comett II, notably by cooperating in the establishment of
Under this Agreement, Comett may only support ex-                  one national information centre for Comett in that
changes in either direction between ... and a Community            country.
Member State.
                                                                   The Community and organizations from ... may benefit
                                                                   from the different measures referred to above on the same
Universities and/or industry from ... may submit appli-            basis as Community Member States and bodies and under
cations for financial support for sending and/or receiving         the same conditions.
students and/or personnel only to/from industry and/or
universities in Community Member States.
                                                                                              Article 5
Universities and/or industry from a Community Member
                                                                   The financial contribution of ..., covering its participation
State may submit applications for financial support for
                                                                   in the Comett II programme, shall be established in
sending and/or receiving students and/or personnel only
                                                                  proportion to the amount entered each year in the general
to/from industry and/or universities in ... .
                                                                   budget of the European Communities for appropriations
                                                                   covering commitments in respect of the Comett II
Exchanges between two different EFTA countries will not           programme.
be supported under Comett II.
                                                                  The proportionality factor governing the contribution
                                                                   by ... shall be determined by the ratio between its gross
                        3. STRAND C                               domestic product, at market prices, and the sum of gross
                                                                  domestic product, at market prices, of the Member States
  Joint projects for continuing training, in particular, in       of the Community and .... This ratio will be calculated
    advanced technology and for multimedia distance               year by year on the basis of the latest available OECD
                           training                                statistical data.
                                                                  The financial provision relating to the funds estimated as
The content and the objectives of this Strand shall be those      necessary for the execution of the Comett II programme
indicated in Annex I, point 4, Section C (C — Joint projects       within the Community — net of any contribution by the
for continuing training, in particular, in advanced               EFTA countries — is set out in Annex II.
technology and for multimedia distance training).
                                                                  The rules governing the contribution by ... to the
                                                                   development of the Comett II programme are set out in
As project promoters, universities and industry from ...
                                                                   Annex III.
may only submit applications for financial support for joint
projects in which organizations from at least two
Community Member States are participating. Such projects                                      Article 6
may additionally include partner organizations from other
EFTA countries having a cooperation Agreement concern-             Subject to the special requirements referred to in Article 4
ing Comett II.                                                     regarding participation by universities and industry
                                                                   from ..., the terms and conditions for the submission and
As project participants, universities and industry from ...        evaluation of proposal/projects and the terms and
may participate in a joint project promoted by a university        conditions for the granting and conclusion of contracts
or industry from a Community Member State, provided                under the Comett II programme shall be the same as those
that the project concerned already meets — without the             applicable to universities and industry in the Community.
participation of the EFTA partner — the conditions of              The contracts drawn up by the Commission shall show the
eligibility prescribed for such projects.                          rights and obligations of universities and industry from ...
 ---pagebreak--- No C 53/70                               Official Journal of the European Communities                                    5. 3. 90
and in particular the methods of disseminating, protecting          it to give any advice required in regard to the participation
and exploiting the results of the training projects.                of universities and industry from ....
                           Article 7                                                          Article 10
1.   A joint committee is hereby established.                       The Contracting Parties shall undertake efforts to facilitate
                                                                    the free movement and residence of students and personnel
2. The committee shall deliver opinions on the following            participating in ... and in the Community in activities
points:                                                             covered by the Agreement.
(a) in so far as they are relevant to the participation of
    universities and industry from ...: the general guidelines                                Article 11
    governing the Comett II programme; the general
    guidelines for the financial assistance to be provided in
    the Comett II programme; questions concerning the               ... shall submit to the Commission, to assist the latter in
    general balance of the Comett II programme, including           drafting its annual report on Comett II as well as the
    a breakdown of the various types of action;                     interim and final evaluation reports, a contribution
                                                                    describing the national measures taken by ... in this regard.
(b) the various types of projects described in Annex I.             A copy of the annual reports as well as of its interim
                                                                    evaluation and final evaluation reports shall be transmitted
3. As far as the points referred to in paragraph 2 (a) and          to ... .
(b) are concerned, the Community representative shall
bring the matter before the committee.
                                                                                              Article 12
4. The representative of the Community shall take the
appropriate steps to ensure coordination between the                In regard to the application process, contracts, reports to be
implementation of this Agreement and the decisions taken            submitted and other administrative arrangements for the
by the Community in respect of the implementation of                Comett II programme, the languages used will be restricted
Comett II.                                                          to the official languages of the Community.
5. The committee shall be responsible for all the other
matters concerning the administration of the Agreement                                        Article 13
and shall ensure its proper implementation. For this
purpose, it shall make recommendations.
                                                                    This Agreement shall apply, on the one hand, to the
6. For the purpose of the proper implementation of the              territories in which the Treaty establishing the European
Agreement, the Contracting Parties shall exchange inform-           Economic Community is applied and under the conditions
                                                                    laid down in that Treaty and, on the other hand, to the
ation and, at the request of either Party, shall hold
                                                                    territory of... .
consultations within the committee.
7.   The committee shall adopt its own rules of procedure.
                                                                                              Article 14
8. The committee shall consist of representatives of the
Community, on the one hand, and of representatives of ...,          1. This Agreement is concluded for the duration of the
on the other.                                                       Comett II programme.
9.   The committee shall act by mutual agreement.                   2. Should the Community revise the Comett II pro-
                                                                    gramme, the Agreement may be re-negotiated or ter-
10. The committee shall meet, at the request of either              minated. ... shall be notified of the exact content of the
Contracting Party, in accordance with the conditions to be          revised programme within one week after its adoption by
laid down in its rules of procedure.                                the Community. The Contracting Parties shall notify each
                                                                    other within three months after the Community decision
                                                                    has been adopted if a re-negotiation or termination of the
                           Article 8                                Agreement is envisaged. In the event of termination, the
                                                                    practical arrangements for dealing with outstanding
All the decisions concerning the selection of the various           commitments shall be the subject of negotiations between
types of projects described in Annex I shall be taken by the        the Contracting Parties.
Commission of the European Communities.
                                                                    3. Either Contracting Party may at any time request a
                                                                    revision of the Agreement. To this end, it shall submit a
                           Article 9                                reasoned request to the other Contracting Party. The
                                                                    Contracting Parties may instruct the joint committee to
The Commission shall ensure that the composition of the             examine this request and, where appropriate, to make
expert group which advises the Commission in the                    recommendations to them, particularly with a view to
execution of the Comett II programme is such as to enable           opening negotiations.
 ---pagebreak--- 5. 3. 90                                      Official Journal of the European Communities                                         No C 53/71
                             Article 15                                       However, if such notification has not taken place by 31
                                                                              March of any year, the provisions of the Agreement shall
This Agreement shall be approved by the Contracting                           not enter into force before 1 January of the following year.
Parties in accordance with their existing procedures.
Subject to the Contracting Parties' having notified each                                                 Article 16
other of the completion of the procedures necessary for this
purpose, it shall enter into force on 1 January 1990.                         This Agreement shall be drawn up in duplicate in the
                                                                              Danish, Dutch, English, French, German, Greek, Italian,
After this date, the Agreement shall enter into force on the                  Portuguese, and Spanish languages, each of these texts
first day of the month following such notification.                           being equally authentic.
                                                                     ANNEX 1
              1. The Comett II programme comprises a range of transnational projects to strengthen and encourage
                  cooperation between universities and industry within the European framework in regard to initial and
                  continuing training in, in particular, advanced technology in response to technological change and social
                  changes in the context of completion of the internal market and the strengthening of its economic and social
                  cohesion.
                  These measures are directed at trainees, including those who have completed their initial training, and at
                  persons in active employment, including employers' and workers' representatives and the training officers
                  concerned.
              2. Within the framework of the Comett programme the projects which are to receive Community assistance
                  will be chosen on the basis of, in particular, their stimulative and exemplary character, and their
                  contribution to the achievement of the objectives set out in Article 3 of the Decision.
                  The selection of projects in the various strands will take account of the development of the framework
                  programme for technology R8cD, to promote the training schemes resulting from Community research,
                  while avoiding duplication. It will also take account of the skills needed by industry and its highly qualified
                  personnel, in particular for small and medium-sized businesses, and of regions where university-industry
                  cooperation is still not very highly developed.
                  Priority will be given to training geared towards new skills, both in the growth technology industries and in
                  sectors where such technologies are traditionally applied and as regards technology transfer and
                  administration.
              3. The projects which are to receive Community assistance will be chosen from projects which:
                  (i)    propose to cover ground, whether in terms of content, mechanisms or links, which is new not only for
                         the universities and the industry concerned, but for the Member States concerned and for the
                         Community as a whole;
                  (ii) are designed to be disseminated widely and effectively not only in the Member States involved but more
                         widely in the Community;
                  (iii) are designed explicitly to stimulate similar developments elsewhere in the Community, and to stimulate
                         further development in the universities and the industry concerned.
              4. The following measures will be implemented in the course of Comett II:
                                                                A. European network
                  (a) The development and reinforcement of university-industry training partnerships (UITPs) and the
                       extension of the European network, both regional and sectoral, in order to further transnational
                       cooperation particularly in the following fields:
                       (i)   in contributing to the identification of training needs in technology and to resolving them in liaison
                             with relevant bodies in this field;
                        (ii) in assisting and facilitating the development and exploitation of projects within the other strands of
                             the Comett II programme;
 ---pagebreak--- No C 53/72                               Official Journal of the European Communities                                       5. 3. 90
                 (iii) in strengthening cooperation and inter-regional transfer between Member States in the
                        development of initial and continuing training for the needs of technologies, their application and
                        transfer;
                 (iv) in developing links in the form of transnational sectoral networks bringing together projects from
                        various strands of the programme in the same area of training.
            (b) The Community will grant financial support for activities with a European dimension as well as for the
                 functioning of the UITPs. This flat-rate contribution will not exceed 50 % of the expenditure eligible.
                 The support will be reduced progressively, with a ceiling per UITP of ECU 70 000, ECU 60 000 and ECU
                 50 000 respectively for the first three years. In certain exceptional and duly justified cases, the
                 Community contribution may exceed the three-year limit.
                 However, additional expenditure by universities incurred in the preparation and implementation of
                joint training projects may, if necessary, be financed by the Community up to 100 %.
           (c) The activities to be undertaken under strand A will not exceed 12 % of the overall annual budget
                allocated to the Comett II programme subject — with regard to this strand and to the other strands — to
                any changes which might arise as the implementation of the programme proceeds.
                                                      B. Transnational exchanges
           (a) Specific financial assistance to promote, for the benefit of all Member States, transnational exchange
                through the allocation of grants for:
                 (i)   students undergoing periods of from three to 12 months' training in industry in another Member
                       State. One of the important assessment criteria in the selection of projects submitted will be the
                       commitment of the sending university (within the meaning of Article 2), to the possibility of this
                       training period in industry being recognized as an integral part of the student's course, taking
                       account of the specific nature of national education systems and possibilities for such recognition
                       under them;
                (ii) persons who have completed their initial training, either enrolled at a university or after graduation
                       and as a transition between study and a first employment, taking up placements of six months to
                       two years in a business undertaking in another Member State for the purpose of taking part in an
                       industrial development project within that undertaking;
                (iii) personnel seconded from universities and industry to industry or a university respectively in another
                       Member State to bring their skills to the industry or university in question for the improvement of
                       the training activities and the professional practices of the host organization.
           (b) The Community's financial contribution will be limited to direct and indirect mobility costs of
                recipients of grants, costs of organizing and monitoring the activities implemented and, where
                necessary, the costs of foreign language preparation for recipients. This contribution will not exceed a
                ceiling of ECU 6 000 for 12 months per beneficiary under subparagraph (i), ECU 25 000 for 24 months
                under subparagraph (ii), and ECU 15 000 for three months under subparagraph (iii) above.
           (c) The activities to be undertaken under strand B, will not exceed 40 % of the overall budget allocated to
                the Comett II programme.
                           C. Joint projects for continuing training in, in particular, advanced technology
                                                and for multimedium distance training
           (a) Support for crash training courses with a European dimension in, in particular, advanced technology
                designed for the rapid dissemination — by and in universities and by and in industry — of the results of
                research and development in the field of new technologies and their application, as well as for the
                promotion, particularly for small and medium-sized businesses of the transfer of technological
                innovation to sectors in which it was not previously applied.
           (b) Support for work on devising, developing and testing at European level joint training projects in, in
                particular, advanced technology, initiated jointly by different industries in association with the
                universities concerned in at least two different Member States of the Communities in fields relating to
                the new technologies and their applications.
 ---pagebreak--- 5. 3. 90                             Official Journal of the European Communities                                         No C 53/73
         (c) Support for multilateral arrangements for training in, in particular, advanced technology initiated
             jointly by different industries in association with the universities concerned aimed at establishing
             systems for distance learning utilizing new training technologies and/or resulting in transferable training
             products.
         (d) Support for the operations referred to in the foregoing subparagraphs initiated by employers' and
             workers' organizations.
         (e) In the selection of projects under points (a) to (d) above, the Community will pay special attention to
             projects :
             (i)    concerning technologies and their applications liable to have a significant impact on industrial
                    development throughout the Community;
             (ii) facilitating the participation of small and medium-sized businesses and meeting their needs;
             (iii) directed towards the training of staff responsible for innovation development in industry, including
                    training officers;
             (iv) associating in their execution university and industry partners from the less-developed regions of
                    the Community;
             (v) demonstrating active involvement of and financial support from industry in the project;
             (vi) proposing effective means for ensuring the utilization and dissemination of the results throughout
                    the Community.
         (f) The Community's financial contribution will be 50 % of the total expenditure on the initiatives
             described in points (a) to (d) above. As a general rule, the Community contribution will not exceed ECU
             30 000 per course under (a) and ECU 500 000 per project for the total duration of the project for
             measures under (b) and (c).
             However, additional expenses incurred by universities in the preparation and implementing of joint
             projects for continuous training in advanced technology and multi-media distance learning may, where
             appropriate, be covered by the Community by up to 100 %.
         (g) Activities to be under strand C will not exceed 40 % of the overall budget allocated to the Comett II
             programme.
                                     D. Complementary promotion and back-up measures
         (a) These measures have as their aim:
              (i)        support for preparatory activities particularly for the less-developed regions, notably in the
                         form of visits or meetings, having as their potential objective the formulation of transnational
                         projects or the extension of existing projects to other partners;
              (ii)       a structured exchange of information and experience, notably through financial support for
                         the Comett information centres created in each Member State with a view to promoting
                         Community exchange activities and dissemination and promotion activities within the
                         programme;
              (ii) (a)   the setting-up of a data bank on Comett projects and similar initiatives in the Member States,
              (ii) (b)   the establishment of electronic mail facilities between projects and the partners in the
                         programme,
              (ii) (c)   a programme of events (conferences, seminars, exhibitions, etc.) relating to Comett II;
              (iii)       analysis and monitoring of the skills needed by industry at Community level, and its
                          consequent training needs in view of the new technologies and their applications, especially in
                          exploiting within Comett II the results of work conducted elsewhere;
              (iv)        better mutual comprehension of the obstacles hindering the development of transnational
                          cooperation between universities and higher education establishments and industry in training
                          with a view to strengthening this cooperation;
              (v)         continuing evaluation of Comett II as it is implemented as well as technical and logistical
                          support for the execution of the programme.
 ---pagebreak--- No C 53/74                                Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s                    5. 3 . 90
                (b) The Community's financial contribution for these back-up measures may be up to 100 % of the actual
                    expenditure committed for these initiatives.
                (c) The activities to be undertaken under strand D will not exceed 8 % of the overall budget allocated to the
                     Comett II programme.
                                                                   ANNEX 11
                                                            FINANCIAL ANNEX
                                                                    Article  1
           The funds estimated as necessary — net of any contribution by the EFTA countries — for the implementation of
           the Comett II programme in the Community and fixed in the Comett Decision of 16 December 1988 amount to
           ECU 200 million, for the period from 1 January 1990 to 31 December 1994.
                                                                    Article  2
           The resources allocated to the Comett II programme shall be in conformity with the Community financial
           perspectives and their developments. Appropriations actually available each year shall be decided during the
           Community budgetary procedure.
                                                                   Article   3
           Before the beginning of each year, the Commission shall inform... of the amount of the appropriations available
           for that year in respect of the Comett II programme. Amendments of this amount occurring during the year shall
           be communicated to ... by the Commission.
                                                                  ANNEX III
                                                            FINANCING RULES
                                                                   Article   1
           The financial regulation in force applicable to the general budget of the European Communities shall apply,
           notably to the management of the appropriations.
                                                                   Article   2
           At the beginning of each year, or whenever the Comett II programme is revised so as to involve an increase in the
           amount estimated as necessary for its implementation, the Commission shall send to ... a call for funds
           corresponding to its contribution to the costs under the Agreement.
           This contribution shall be expressed in ecus and paid into an ecu Bank account of the Commission.
           ... shall pay its contribution to the annual costs under the Agreement according to the call for funds and at the
           latest three months after the call for funds is sent. Any delay in the payment of the contribution shall give rise to
           the payment of interest by... on the outstanding amount from the due date. The interest rate corresponds to the
           rate applied by the European Monetary Cooperation Fund, for the month of the due date, for its operations in
           ecus (*), increased by 1,5 percentage points.
           (*) Rate published monthly in the ' C series of the Official Journal of the European       Communities.