EUROPEAN COMMISSION

Brussels, 2.3.2026

COM(2026) 106 final

2026/0067(NLE)

Proposal for a

COUNCIL DECISION

on the position to be taken on behalf of the European Union in the Specialised Committee on Participation in Union Programmes

EXPLANATORY MEMORANDUM

1.Subject matter of the proposal

This proposal concerns the decision establishing the position to be taken on the Union's behalf in the Specialised Committee on Participation in Union Programmes (hereafter, the ‘Specialised Committee’) in connection with the envisaged amendment of Protocol I “Programmes and activities in which the United Kingdom participates” (hereafter, ‘Protocol I’) to the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (hereafter, ‘the TCA’).

The purpose of the envisaged amendment is to allow the participation of, and financial contribution by, the United Kingdom, as of 1 January 2027, to the Union programme established by Regulation (EU) 2021/817 of the European Parliament and of the Council of 20 May 2021 establishing Erasmus+: the Union Programme for education and training, youth and sport, and repealing Regulation (EU) No 1288/2013 1 (hereafter, the ‘Erasmus+ programme’).

2.Context of the proposal

2.1.The Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part

The TCA entered into force on 1 May 2021 2 . It sets out in Part Five “PARTICIPATION IN UNION PROGRAMMES, SOUND FINANCIAL MANAGEMENT AND FINANCIAL PROVISIONS” the rules for the participation of the United Kingdom in Union programmes, activities and services.

Article 710(1) of the TCA establishes that the United Kingdom shall participate in and contribute to the Union programmes, activities, or in exceptional cases, the part of Union programmes or activities, which are open to its participation, and which are listed in Protocol I.

Pursuant to Article 710(2), Article 714(11) and Article 731(3) of the TCA, the Specialised Committee established by Article 8(1)(s) of the TCA adopted on 4 December 2023, a decision establishing Protocol I “Programmes and activities in which the United Kingdom participates” (‘Protocol I’) and Protocol II “on access of the United Kingdom to services established under certain Union programmes and activities in which the United Kingdom does not participate” (‘Protocol II’) of the TCA.

In accordance with Article 1 (1) of Protocol I, the United Kingdom currently participates in, and contributes as of 1 January 2024 to, the following Union programmes and activities, or parts thereof, established by the following basic acts:

·Regulation (EU) 2021/696 of the European Parliament and of the Council of 28 April 2021 establishing the Union Space Programme and the European Union Agency for the Space Programme and repealing Regulations (EU) No 912/2010, (EU) No 1285/2013 and (EU) No 377/2014 and Decision No 541/2014/EU, insofar as it concerns the rules applicable to the component referred to in point (c) of Article 3, paragraph 1 of that Regulation (“Copernicus”);

·Regulation (EU) 2021/695 of the European Parliament and of the Council of 28 April 2021 establishing Horizon Europe – the Framework Programme for Research and Innovation, laying down its rules for participation and dissemination, and repealing Regulations (EU) No 1290/2013 and (EU) No 1291/2013, insofar as it concerns the rules applicable to the components referred to in paragraph 2(a) and (b) of Article 1 of that Regulation;

·Council Decision (EU) 2021/764 of 10 May 2021 establishing the Specific Programme implementing Horizon Europe – the Framework Programme for Research and Innovation, and repealing Decision 2013/743/EU.

Following the EU-UK Summit of 19 May 2025, the European Commission and the United Kingdom reached a Common Understanding to work towards the association of the United Kingdom to the Erasmus+ programme. The specific conditions of that association, including its financial terms, were to be determined during the negotiation process and by ensuring a fair balance between the contributions of, and benefits to, the United Kingdom, in accordance with the Union’s Multiannual Financial Framework and the TCA.

As a result of those discussions, Protocol I is to be amended to allow for the participation of the United Kingdom as an associated country in the Erasmus+ programme.

2.2.The Specialised Committee on Participation in Union Programmes

The Specialised Committee is established by Article 8(1)(s) of the TCA.

The TCA provides inter alia in Article 710(2) that the Specialised Committee may amend Protocol I.

2.3.The envisaged act of the Specialised Committee on Participation in Union Programmes

The Specialised Committee is to amend Protocol I of the TCA (‘the envisaged amendment’).

The purpose of the envisaged amendment is to allow participation of the United Kingdom and United Kingdom entities in the Erasmus+ programme and access to the related programme activities and services.

To that end, the envisaged amendment adds the Erasmus+ programme established by Regulation (EU) 2021/817 to the list of Union programmes covered by Protocol I and provides that the United Kingdom shall participate in the Erasmus + programme from 1 January 2027.

As participation of the United Kingdom to the Erasmus+ programme will apply from the seventh year of the Union’s Multiannual Financial Framework 2021–2027, the United Kingdom will not participate in the programme for the period 2021–2026. The envisaged amendment therefore reflects the temporal scope of participation and lays down the specific financial conditions applicable to the United Kingdom’s participation in 2027, which entails a reduction of 30% to the United Kingdom operational contribution to the programme.

The envisaged amendment also establishes the specific conditions for participation in 2027, including the notification of the United Kingdom’s national authority, the designation of a national agency, and of an independent audit body, and introduces a review clause and statistical cooperation clause for the purposes of participation in the Erasmus+ programme.

The envisaged amendment will become binding on the parties as part of the TCA in accordance with Article 778(1) of the TCA, which provides that the “Protocols, Annexes, Appendices and footnotes to this Agreement shall form an integral part of this Agreement”. In accordance with Rule 9 in conjunction with Rule 13 (1) of Annex 1 of the TCA, decisions adopted by the Specialised Committee shall specify the date at which they take effect.

3.Position to be taken on the Union's behalf

It is proposed to agree to the amendment of Protocol I as regards extending participation of the United Kingdom and United Kingdom entities to the Erasmus + programme.

4.Legal basis

4.1.Procedural legal basis

4.1.1.Principles

Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by an agreement, when that body is called upon to adopt acts having legal effects, with the exception of acts supplementing or amending the institutional framework of the agreement.’

The concept of ‘acts having legal effects’ includes acts that have legal effects by virtue of the rules of international law governing the body in question. It also includes instruments that do not have a binding effect under international law, but that are ‘capable of decisively influencing the content of the legislation adopted by the EU legislature’ 3 .

4.1.2.Application to the present case

The Specialised Committee is a body set up by an agreement, namely the TCA.

The act which the Specialised Committee is called upon to adopt constitutes an act having legal effects. The envisaged amendment will be binding under international law in accordance with Article 778(1) of the TCA.

The envisaged amendment does not supplement or amend the institutional framework of the TCA.

Therefore, the procedural legal basis for the proposed decision is Article 218(9) TFEU.

4.2.Substantive legal basis

4.2.1.Principles

The substantive legal basis for a decision under Article 218(9) TFEU depends primarily on the objective and content of the envisaged act in respect of which a position is taken on the Union's behalf. If the envisaged act pursues two aims or has two components and if one of those aims or components is identifiable as the main one, whereas the other is merely incidental, the decision under Article 218(9) TFEU must be founded on a single substantive legal basis, namely that required by the main or predominant aim or component.

With regard to an envisaged act that simultaneously pursues a number of objectives, or that has several components, which are inseparably linked without one being incidental to the other, the substantive legal basis of a decision under Article 218(9) TFEU will have to include, exceptionally, the various corresponding legal bases.

4.2.2.Application to the present case

The envisaged amendment pursues objectives and has components in the area of education, vocational training, youth and sport. These elements of the envisaged act are inseparably linked without one being incidental to the other.

Therefore, the substantive legal basis of the proposed decision comprises the following provisions: the Treaty on the Functioning of the European Union, and in particular Articles 165(4) and 166(4) TFEU thereof.

4.3.Conclusion

The legal basis of the proposed decision should be Articles 165(4) and 166(4) TFEU, in conjunction with Article 218(9) TFEU.

5.Publication of the envisaged act

As the decision of the Specialised Committee on Participation in Union Programmes amending Protocol I has legal effects, it is appropriate to publish it in the Official Journal of the European Union after its adoption.

2026/0067 (NLE)

Proposal for a

COUNCIL DECISION

on the position to be taken on behalf of the European Union in the Specialised Committee on Participation in Union Programmes

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 165(4) and 166(4) TFEU, in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)The Union programme for education, training, youth and sport is established by Regulation (EU) 2021/817 of the European Parliament and of the Council of 20 May 2021 4 (the ‘Erasmus+ Regulation’).

(2)Pursuant to Article 19 of the Erasmus+ Regulation, which provides for the association of third countries to the programme, the specific terms and conditions of such association are to be determined by an international agreement between the Union and the third country concerned.

(3)The Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (‘the TCA’) was concluded by Council Decision (EU) 2021/689 5 and entered into force on 1 May 2021.

(4)Pursuant to Article 710(2) of the TCA, the Specialised Committee on Participation in Union Programmes established by Article 8(1)(s) of the TCA (the ‘Specialised Committee’) may amend Protocol I “Programmes and activities in which the United Kingdom participates” (‘Protocol I’), including to add new Programmes or activities to which the United Kingdom shall participate in and contribute to.

(5)Protocol I and its amendments form an integral part of the TCA.

(6)It is appropriate to establish the position to be taken on the Union's behalf in the Specialised Committee, as regards the amendment of Protocol I of the TCA.

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken on the Union's behalf in the framework of the Specialised Committee on Participation in Union Programmes shall be based on the draft act of the Specialised Committee attached to this Decision.

Article 2

Minor technical changes to the draft Decision may be agreed to by the representatives of the Union in the Specialised Committee, without further decision of the Council.

Article 3

This Decision shall enter into force on the day of its adoption.

Done at Brussels,

(1)    Regulation (EU) 2021/817 of the European Parliament and of the Council of 20 May 2021 establishing Erasmus+: the Union Programme for education and training, youth and sport and repealing Regulation (EU) No 1288/2013 (OJ L 189, 28.5.2021, p. 1).

(2)    Council Decision (EU) 2021/689 of 29 April 2021 on the conclusion, on behalf of the Union, of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, and of the Agreement between the European Union and the United Kingdom of Great Britain and Northern Ireland concerning security procedures for exchanging and protecting classified information (OJ L 149, 30.4.2021, p. 2–9)

(3)    Judgment of the Court of Justice of 7 October 2014, Germany v Council, C-399/12, ECLI:EU:C:2014:2258, paragraphs 61 to 64.

(4)    Regulation (EU) 2021/817 of the European Parliament and of the Council of 20 May 2021 establishing Erasmus+: the Union Programme for education and training, youth and sport and repealing Regulation (EU) No 1288/2013 (OJ L 189, 28.5.2021, p. 1).

(5)    Council Decision (EU) 2021/689 of 29 April 2021 on the conclusion, on behalf of the Union, of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, and of the Agreement between the European Union and the United Kingdom of Great Britain and Northern Ireland concerning security procedures for exchanging and protecting classified information (OJ L 149, 30.4.2021, p. 2–9)

EUROPEAN COMMISSION

Brussels, 2.3.2026

COM(2026) 106 final

ANNEX

to the

Proposal for a Council Decision

on the position to be taken on behalf of the European Union in the Specialised Committee on Participation in Union Programmes

ANNEX

DECISION No 1/2026 OF THE SPECIALISED COMMITTEE ON PARTICIPATION IN UNION PROGRAMMES ESTABLISHED BY ARTICLE 8(1), POINT (S), OF THE TRADE AND COOPERATION AGREEMENT BETWEEN THE EUROPEAN UNION AND THE EUROPEAN ATOMIC ENERGY COMMUNITY, OF THE ONE PART, AND THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, OF THE OTHER PART,

of [date]

amending Protocol I to the Trade and Cooperation Agreement

THE SPECIALISED COMMITTEE ON PARTICIPATION IN UNION PROGRAMMES,

Having regard to the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part 1 (the ‘Trade and Cooperation Agreement’), and in particular Article 710(2) thereof,

Whereas:

CONSIDERING the common goals, values and strong links of the Parties in the field of education, training, youth and sport, and that the participation of the United Kingdom in the Erasmus+ Union programme will benefit both Parties in this regard,

REAFFIRMING the understanding of the Parties that the specific terms of this participation, including mutually agreed financial terms, should ensure a fair balance as regards the contributions of and benefits to the United Kingdom,

ACKNOWLEDGING that, in line with this understanding, the Parties have considered it appropriate to adjust the contribution key for Erasmus+ in the multiannual financial framework 2021-2027 under the Trade and Cooperation Agreement,

RECOGNISING that the participation of the United Kingdom in any relevant programme succeeding Erasmus+ under the next multiannual financial framework should be on mutually agreed terms to reflect a fair balance and be informed by the experience of the participation in 2027,

HAS ADOPTED THIS DECISION:

Article 1

Protocol I is amended as set out in the Annex to this Decision.

Article 2

This Decision shall enter into force on the date of its adoption.

It shall apply from 1 January 2027.

Done at [location], [dd mm] 2026.

For the Specialised Committee on Participation in Union Programmes

The Co-chairs

ANNEX

Protocol I to the Trade and Cooperation Agreement is amended as follows:

a) In Article 1 a new paragraph 2 is inserted:

(2) The United Kingdom shall participate in and contribute as of 1 January 2027 to the Union programme established by the following basic act:

a) Regulation (EU) 2021/817 of the European Parliament and of the Council of 20 May 2021 establishing Erasmus+: the Union Programme for education and training, youth and sport and repealing Regulation (EU) No 1288/2013 2 .

b) Paragraph 2 in Article 1 becomes paragraph 3 and is replaced by the following:

(3) With regard to the programmes referred to in paragraph 1 of this Article, this Protocol shall not apply to award procedures which implement budgetary commitments for 2021, 2022 and 2023.

c) In Article 1 a new paragraph 4 is inserted:

(4) With regard to the programme referred to in paragraph 2 of this Article, this Protocol shall not apply to award procedures which implement budgetary commitments for 2021, 2022, 2023, 2024, 2025 and 2026.

d) Paragraph 1 in Article 2 is replaced by the following:

(1) The United Kingdom shall participate in the Union programmes and activities, or parts thereof, referred to in Article 1(1) of this Protocol from 1 January 2024 for their remaining duration or until the end of the multiannual financial framework 2021-2027, whichever is shorter.

e) In Article 2 a new paragraph 2 is inserted:

(2) The United Kingdom shall participate in the Union programme referred to in Article 1(2) of this Protocol from 1 January 2027 for its remaining duration or until the end of the multiannual financial framework 2021-2027, whichever is shorter.

f) In Article 2 paragraph 2 becomes paragraph 3 and is replaced by the following:

(3) The United Kingdom or United Kingdom entities shall be eligible under the conditions laid down in Article 711 of the Trade and Cooperation Agreement, with regard to Union award procedures, which implement the budgetary commitments of the programmes and activities or parts thereof, referred to in Article 1 of this Protocol, within the time limits set out in paragraphs 1 and 2 of this Article.

For the Union programmes and activities, or parts thereof, referred to in Article 1(1) of this Protocol, the United Kingdom or United Kingdom entities shall not be eligible for Union funding under Union award procedures which implement budgetary commitments for 2021, 2022 and 2023, without prejudice to the applicable eligibility rules for entities of non-associated countries laid down in the basic act or other rules pertaining to the implementation of the Union programme or activity.

For the Union programme referred to in Article 1(2) of this Protocol, the United Kingdom or United Kingdom entities shall not be eligible for Union funding under Union award procedures which implement budgetary commitments for 2021, 2022, 2023, 2024, 2025 and 2026, without prejudice to the applicable eligibility rules for entities of non-associated countries laid down in the basic act or other rules pertaining to the implementation of the Union programme or activity.

g) A new Article 7 is inserted:

Article 7

Specific terms and conditions of participation in the Erasmus+ Programme

The participation of the United Kingdom in the Erasmus+ Programme shall be conditional on the notification of a national authority, the designation of a national agency, and the designation of an independent audit body, in conformity with Articles 26, 27, 28 and 29 of Regulation (EU) 2021/817.

The participation of the United Kingdom in the Erasmus+ Programme shall be subject to the European Commission accepting or conditionally accepting the ex-ante compliance assessment of the national agency, pursuant to Article 28(2) of Regulation (EU) 2021/817.

h) A new Article 8 is inserted:

Article 8

Financial conditions for the participation in the Erasmus+ Programme

(1) By derogation from Article 714(7) of the Trade and Cooperation Agreement, the contribution key to be applied in year 2027 for the calculation of the operational contribution for the participation in the Erasmus+ Programme, referred to in Article 1(2) of this Protocol, shall be 70% of the contribution key defined in Article 714(6) of the Trade and Cooperation Agreement.

(2) In relation to the Erasmus+ Programme, referred to in Article 1(2) of this Protocol, the references to the “contribution key of year N” in Article 714(8) of the Trade and Cooperation Agreement shall be understood as “70% of the contribution key of year N”.

i) A new Article 9 is inserted:

Article 9

Review of the United Kingdom’s participation in the Erasmus+ Programme

(1) Ten months after the start of the United Kingdom’s participation in the programme referred to in Article 1(2) of this Protocol, the Specialised Committee on Participation in Union Programmes shall review the implementation thereof on the basis of the available data concerning the participation of United Kingdom entities in actions under indirect and direct management under this programme, including the extent to which funds have been successfully allocated.

(2) Following a request by either Party, the Specialised Committee on Participation in Union Programmes shall discuss changes or proposed changes affecting the terms of the United Kingdom’s participation in this programme, and if necessary, may propose appropriate measures within the scope of the Trade and Cooperation Agreement.

(3) Each Party shall collect, retain and provide to the other Party information or data that is reasonable to perform this review.

j) A new Article 10 is inserted:

Article 10

Statistical cooperation

Any statistical data on the United Kingdom for the purposes of the United Kingdom’s participation in Erasmus+, in particular data on population of the United Kingdom, shall be provided by the Statistical Office of the European Union (EUROSTAT), as soon as the relevant exchanges of statistical data and related information are included in the scope of the Arrangement on Statistical Cooperation between the United Kingdom Statistics Authority and Eurostat referred to in Article 730 of the Trade and Cooperation Agreement. Before the updated terms apply, any statistical data on the United Kingdom for the purposes of the United Kingdom’s participation in Erasmus+ shall be established on the basis of data provided by the Organisation for Economic Cooperation and Development (OECD).

k) Article 7 becomes Article 11 and is replaced by the following:

Article 11

Reciprocity

For the purpose of this article ‘Union entity’ means any type of entity, whether a natural person, legal person or another type of entity, who resides or which is established in the Union.

Eligible Union entities may participate in programmes of the United Kingdom equivalent to those referred in points (b) and (c) of Article 1(1) of this Protocol in accordance with United Kingdom law and rules.

l) Article 8 becomes Article 12.

(1)    OJ L 149, 30.4.2021, p. 10.

(2)    Regulation (EU) 2021/817 of the European Parliament and of the Council of 20 May 2021 establishing Erasmus+: the Union Programme for education and training, youth and sport and repealing Regulation (EU) No 1288/2013 (OJ L 189, 28.5.2021, p. 1).