Article 1 Establishment of the programme
1. This Decision establishes the Erasmus Mundus programme (hereinafter ‘the programme’) for the promotion of quality in European higher education and intercultural understanding through cooperation with third countries on the one hand and for the development of third countries in the field of higher education on the other. The programme should be implemented in line with objectives of academic excellence while taking into account a geographical representation of beneficiaries that is as balanced as possible. 2. The programme shall be implemented over a period starting on 1 January 2009 and ending on 31 December 2013. However, preparatory measures, including decisions by the Commission in accordance with Article 7, may be implemented as from the entry into force of this Decision. 3. The programme shall support and supplement action taken by and in the Member States while fully respecting their responsibility for the content of education and the organisation of education and training systems, and their cultural and linguistic diversity.
Article 2 Definitions
For the purpose of this Decision: 1. ‘higher education’ means all types of courses of study, or sets of courses of study, training or training for research at the post-secondary level which are recognised by the relevant national authority as belonging to the higher education system; 2. ‘higher education institution’ means any institution providing higher education and recognised by the relevant national authority as belonging to the higher education system; 3. ‘student in first cycle’ means a person enrolled in a first cycle programme of higher education who will obtain after completion of the programme a first higher education degree; 4. ‘masters student’ (student in second cycle) means a person enrolled in a second cycle programme of higher education who has already obtained a first higher education degree or has an equivalent level of learning recognised in accordance with national law and practices; 5. ‘doctoral candidate’ (candidate in third cycle) means an early-stage researcher at the beginning of his/her research career, starting at the date of obtaining the degree which would formally entitle him/her to embark on a doctorate; 6. ‘post-doctoral researcher’ means an experienced researcher who is in possession of a doctorate or who has at least three years of full-time equivalent research experience, including the period of research training at a research centre established in accordance with national law and practice, after obtaining the degree which formally entitled him/her to embark on a doctorate offered by a higher education institution; 7. ‘academic’ means a person with outstanding academic and/or professional experience who lectures or conducts research in a higher education institution or a research centre established in accordance with national law and practice; 8. ‘higher education staff’ means persons who, through their duties, are involved directly in the educational process related to higher education; 9. ‘European country’ means a country which is a Member State or which participates in the programme according to Article 9. ‘European’ referring to an individual means a person who is a national or a resident of any European country. ‘European’ referring to an institution means an institution which is located in any European country; 10. ‘third country’ means a country which is not a European country. ‘Third-country’ referring to an individual means a person who is neither a national nor a resident of any European country. ‘Third-country’ referring to an institution means an institution which is not located in any European country. The countries participating in the action programme in the field of lifelong learning established by Decision No 1720/2006/EC of the European Parliament and of the Council ( 17 ) are not considered to be third countries for the purpose of implementing Action 2; 11. ‘masters programme’ (second cycle) means a second cycle programme of higher education that follows a first degree or an equivalent level of learning leading to masters level offered by a higher education institution; 12. ‘doctoral programme’ (third cycle) means a research-related programme of higher education study that follows a higher education degree and leads to a doctoral degree offered by a higher education institution or, in those Member States where this is in accordance with national law and practice, by a research centre; 13. ‘mobility’ means moving physically to another country, in order to undertake study, work experience, research, other learning or teaching or research activity or related administrative activity, supported wherever possible by preparatory training in the host language; 14. ‘double or multiple degree’ means two or more national diplomas issued by two or more higher education institutions and recognised officially in the countries where the degree-awarding institutions are located; 15. ‘joint degree’ means a single diploma issued by at least two of the higher education institutions offering an integrated programme and recognised officially in the countries where the degree-awarding institutions are located; 16. ‘enterprise’ means any undertaking engaged in economic activity in the public and private sector, whatever its size, legal status or the economic sector in which it operate, including the social economy.
Article 3 Aims and specific objectives of the programme
1. The aims of the programme are to promote European higher education, to help improve and enhance the career prospects of students and to promote intercultural understanding through cooperation with third countries, in accordance with EU external policy objectives in order to contribute to the sustainable development of third countries in the field of higher education. 2. The specific objectives of the programme are: (a) to promote structured cooperation between higher education institutions and to promote an offer of high quality in higher education with a distinct European added value, attractive both within the European Union and beyond its borders, with a view to creating centres of excellence; (b) to contribute to the mutual enrichment of societies by developing the qualifications of men and women so that they possess appropriate skills, particularly as regards the labour market, and are open-minded and internationally experienced, through promoting mobility both for the most talented students and academics from third countries to obtain qualifications and/or experience in the European Union and for the most talented European students and academics towards third countries; (c) to contribute towards the development of human resources and the international cooperation capacity of higher education institutions in third countries through increased mobility streams between the European Union and third countries; (d) to improve accessibility and enhance the profile and visibility of European higher education in the world as well as its attractiveness for third-country and European nationals. 3. The Commission shall ensure that no group of third-country or European nationals is excluded or disadvantaged.
Article 4 Programme actions
1. The aims and specific objectives of the programme as set out in Article 3 shall be pursued by means of the following actions: (a) Action 1: Erasmus Mundus joint programmes (masters and doctoral programmes) of outstanding academic quality, including a scholarship scheme; (b) Action 2: Erasmus Mundus partnerships between European and third-country higher education institutions as a basis for structured cooperation, exchange and mobility at all levels of higher education, including a scholarship scheme; (c) Action 3: promotion of European higher education through measures enhancing the attractiveness of Europe as an educational destination and a centre of excellence at world level. Further details of these actions are set out in the Annex. 2. As regards Action 2, the provisions of this Decision apply only in so far as they are in conformity with the provisions of the legislative act under which funding is provided in accordance with Article 12(2). 3. The following types of approaches may be used, combined where appropriate: (a) support for the development of high-quality joint educational programmes and cooperation networks facilitating the exchange of experience and good practice; (b) enhanced support for mobility of people in the field of higher education selected on the basis of academic excellence, particularly from third countries to European countries, taking into account the principles of equality between men and women and the wish to have a geographic representation that is as balanced as possible, while facilitating access to the programme in accordance with the principles of equal opportunities and non-discrimination; (c) promotion of language skills to the greatest extent possible, providing students with the possibility of learning at least two of the languages spoken in the countries in which the higher education institutions are situated, and promotion of the understanding of different cultures; (d) support for pilot projects based on partnerships with an external dimension designed to develop innovation and quality in higher education, in particular for the possibility of encouraging partnerships between academic and economic actors; (e) support for the analysis and follow-up of trends in, and the evolution of, higher education in an international perspective. 4. The programme provides for technical support measures including studies, meetings of experts as well as information and publications directly linked to the achievement of the objectives of the programme. 5. The Commission shall ensure the widest possible dissemination of information on activities and developments in the programme, mainly through the Erasmus Mundus website. 6. Support for the actions referred to in this Article may be granted by the Commission after examining the replies received to calls for proposals and/or tenders. With respect to the measures taken under paragraph 4, the Commission may, if necessary, implement these measures directly in accordance with Regulation (EC, Euratom) No 1605/2002. It shall systematically inform the European Parliament and the Committee referred to in Article 8(1) of this Decision.
Article 5 Access to the programme
Under the conditions and arrangements for implementation specified in the Annex and bearing in mind the definitions in Article 2, the programme is aimed at: (a) higher education institutions; (b) students in higher education, at all levels, including doctoral candidates; (c) post-doctoral researchers; (d) academics; (e) higher education staff; (f) other public or private bodies active in the field of higher education under national law and practice; (g) enterprises; (h) research centres.
Article 6 Tasks of the Commission and of the Member States
1. The Commission shall: (a) ensure the effective and transparent implementation of the Community actions provided for by the programme in conformity with the Annex and, as regards Action 2, with the legal instruments referred to in Article 7(1) and in compliance with the programme's objectives of academic excellence in selecting the beneficiaries of the programme; (b) take account of bilateral cooperation with third countries undertaken by Member States; (c) seek synergies and, where appropriate, develop joint actions with other Community programmes and actions in the field of higher education and research; (d) ensure, when determining the flat-rate amounts for the scholarships, to take into consideration the level of tuition fees and the estimated expenditure for the studies; (e) consult the relevant European associations and organisations in the field of higher education about issues raised during the implementation of the programme and inform the Committee referred to in Article 8(1) of the results of such consultation; (f) keep its delegations in the third countries concerned regularly informed of all useful public information on the programme. 2. The Member States shall: (a) take the necessary steps to ensure the efficient running of the programme at Member State level involving all the parties concerned in higher education in accordance with national practice, and endeavour to adopt such measures as may be deemed appropriate to remove any legal and administrative barrier linked specifically to exchange programmes between European countries and third countries. Member States should ensure that they provide accurate and clear information to students and institutions to facilitate their participation in the programme; (b) designate appropriate structures to cooperate closely with the Commission; (c) encourage potential synergies with other Community programmes and possible similar national initiatives taken at Member State level. 3. The Commission, in cooperation with the Member States, shall ensure: (a) appropriate information, publicity and follow-up with regard to actions supported by the programme; (b) the dissemination of the results of the actions undertaken within the framework of the programme; (c) an intensification of the communication strategy aimed at potentially interested parties in European countries, and encouragement of partnerships between universities, the social partners and non-governmental organisations, with a view to developing the programme.
Article 7 Implementing measures
1. All measures necessary for the implementation of Action 2 shall be governed by the procedures set out in Regulation (EC) No 1085/2006, Regulation (EC) No 1638/2006, Regulation (EC) No 1905/2006, Regulation (EC) No 1934/2006, the ACP-EC Partnership Agreement and the Internal ACP-EC Agreement. The Commission shall on a regular basis inform the Committee referred to in Article 8(1) of the measures taken. 2. The following measures necessary for the implementation of the programme and of the other actions of this Decision shall be adopted in accordance with the management procedure referred to in Article 8(2) in accordance with the principles, general guidelines and selection criteria laid down in the Annex: (a) the annual plan of work, including priorities; (b) the annual budget, the breakdown of funds among the different actions of the programme, and indicative grant amounts; (c) the application of the general guidelines for implementing the programme, including the selection criteria as laid down in the Annex; (d) the selection procedures, including the composition and the internal rules of procedure of the selection board; (e) the arrangements for monitoring and evaluating the programme and for the dissemination and transfer of results. 3. The selection decisions shall be taken by the Commission, which shall inform the European Parliament and the Committee referred to in Article 8(1) thereof within two working days.
Article 8 Committee procedure
1. The Commission shall be assisted by a Committee. 2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at two months.
Article 9 Participation of other countries in the programme on the same footing as Member States
The programme shall be open to the participation of: (a) EFTA countries which are members of the EEA, in accordance with the conditions laid down in the EEA Agreement; (b) the candidate countries which have a pre-accession strategy, in accordance with the general principles and general terms and conditions laid down in the framework agreements concluded with these countries for their participation in Community programmes; (c) the countries of the Western Balkans, in accordance with the general principles and general terms and conditions laid down in the framework agreements concluded with these countries for their participation in Community programmes; (d) The Swiss Confederation, provided that a bilateral agreement foreseeing its participation is concluded with that country.
Article 10 Horizontal issues
In implementing the programme, due regard shall be paid to ensuring that it contributes fully to furthering the horizontal policies of the Community, in particular by: (a) enhancing the European knowledge-based economy and society and contributing to creating more jobs in line with the objectives of the Lisbon Strategy and strengthening the global competitiveness of the European Union, its sustainable economic growth and its greater social cohesion; (b) fostering culture, knowledge and skills for peaceful and sustainable development in a Europe of diversity; (c) promoting an awareness of the importance of cultural and linguistic diversity within Europe, as well as of the need to combat racism and xenophobia and promoting intercultural education; (d) making provision for students with special needs, and in particular by helping to promote their integration into mainstream higher education, and promoting equal opportunities for all; (e) promoting equality between men and women and contributing to combating all forms of discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation; (f) promoting the development of third countries.
Article 11 Consistency and complementarity with other policies
1. The Commission shall, in cooperation with the Member States, ensure overall consistency and complementarity with other relevant Community policies, instruments and actions, in particular with the Lifelong Learning Programme, the Seventh Framework Programme for Research, development policy, external cooperation programmes, the ACP Association Agreements and the European Fund for the Integration of third-country nationals. 2. The Commission shall keep the European Parliament and the Committee referred to in Article 8(1) regularly informed about Community initiatives taken in relevant fields and ensure efficient linkage and, where appropriate, joint actions between the programme and the programmes and actions in the area of higher education undertaken within the framework of the Community's cooperation with third countries, including bilateral agreements, and the competent international organisations.
Article 12 Funding
1. The financial envelope for the implementation of Actions 1 and 3 and related technical support measures referred to in Article 4(4) for the 2009-2013 period is hereby set at EUR 493 690 000. 2. The financial envelope for the implementation of Action 2 and related technical support measures referred to in Article 4(4) for the period specified in Article 1(2) is set in accordance with the rules, procedures and objectives laid down in Regulation (EC) No 1085/2006, Regulation (EC) No 1638/2006, Regulation (EC) No 1905/2006, Regulation (EC) No 1934/2006, the ACP-EC Partnership Agreement and the Internal ACP-EC Agreement. 3. The annual appropriations shall be authorised in accordance with the annual budgetary procedure by the budgetary authority within the limits of the financial framework.
Article 13 Monitoring and evaluation
1. The Commission shall regularly monitor the programme in cooperation with the Member States. The results of the process of monitoring and evaluation of the programme and of the previous programme shall be utilised when implementing the programme. Such monitoring shall include an analysis of the geographic distribution of programme beneficiaries by action and by country, the reports and communication referred to in paragraph 3 and specific activities. 2. The programme shall be evaluated regularly by the Commission having regard to the objectives laid down in Article 3, the impact of the programme as a whole and the complementarity between actions under the programme and those pursued under other relevant Community policies, instruments and actions. 3. The Commission shall submit to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: (a) an interim evaluation report on the results achieved and on the qualitative and quantitative aspects of the implementation of the programme by 31 March of the second year following the actual start of the new courses set up under the programme; (b) a communication on the continuation of the programme by 30 January 2012; (c) an ex post evaluation report by 31 December 2015.
Article 14 Transitional provisions
1. Actions which are initiated on or before 31 December 2008 on the basis of Decision No 2317/2003/EC shall be administered in conformity with the provisions of that Decision, with the exception that the Committee established by that Decision shall be replaced by the Committee referred to in Article 8(1) of this Decision. 2. Actions which are initiated on or before 31 December 2008 on the basis of the procedures laid down in the legal instruments mentioned in Article 7(1) shall be administered in conformity with the provisions of those instruments.
Article 15 Entry into force
This Decision shall enter into force on the day following its publication in the Official Journal of the European Union .