24.11.2006   

EN

Official Journal of the European Union

L 327/1

(1)

The Community is a major provider of economic, financial, technical, humanitarian and macroeconomic assistance to third countries. The promotion of stable conditions for human and economic development and the promotion of human rights, democracy and fundamental freedoms remains one of the prime objectives of European Union (hereinafter referred to as ‘the EU’) external action to which Community instruments for external assistance contribute. The Council and the Representatives of the Governments of the Member States meeting within the Council, in their November 2004 Conclusions on the effectiveness of EU External Action, concluded that ‘peace, security and stability as well as human rights, democracy and good governance, are essential elements for sustainable economic growth and poverty eradication’.

(2)

The EU Programme for the Prevention of Violent Conflicts, endorsed by the European Council, underlines the EU's ‘political commitment to pursue conflict prevention as one of the main objectives of the EU's external relations’ and states that Community development cooperation instruments can contribute to this goal and to the development of the EU as a global player.

(3)

Measures taken under this Regulation in pursuit of the objectives of Articles 177 and 181a of the Treaty establishing the European Community (hereinafter referred to as ‘the EC Treaty’) may be complementary to and should be consistent with measures adopted by the EU in pursuit of Common Foreign and Security Policy objectives within the framework of Title V and measures adopted within the framework of Title VI of the Treaty on European Union (hereinafter referred to as ‘the EU Treaty’). The Council and the Commission should cooperate to ensure such consistency, each in accordance with their respective powers.

(4)

The European Consensus on Development, adopted by the Council and the Representatives of the Governments of the Member States meeting within the Council, the European Parliament and the Commission on 22 November 2005 and welcomed by the European Council on 15 and 16 December 2005, states that the Community, within the respective competences of its institutions, will develop a comprehensive prevention approach to State fragility, conflict, natural disasters and other types of crises, to which goal this Regulation should contribute.

(5)

The European Council approved the European Security Strategy on 12 December 2003.

(6)

The European Council Declaration on Combating Terrorism of 25 March 2004 called for counter-terrorist objectives to be integrated into external assistance programmes. Moreover, the EU Millennium Strategy on the prevention and control of organised crime, adopted by the Council on 27 March 2000, calls for closer cooperation with third countries.

(7)

Post-crisis stabilisation requires a sustained and flexible engagement from the international community, in particular in the first years after a crisis, on the basis of integrated transition strategies.

(8)

Implementation of programmes of assistance in times of crisis and political instability requires specific measures to ensure flexibility in decision-making and budget allocation, as well as enhanced measures to ensure coherence with bilateral aid and mechanisms for the pooling of donor funds, including the delegation of public authority tasks through indirect centralised management.

(9)

The Resolutions of the European Parliament and the Conclusions of the Council following the Commission Communications on the Linking of Relief, Rehabilitation and Development emphasise the need to ensure effective bridging between operations financed from different Community financing instruments in the context of crisis.

(10)

In order to address the above issues in an effective and timely manner specific financial resources and financing instruments are required that can work in a manner complementary to humanitarian aid and long-term cooperation instruments. Humanitarian aid should continue to be delivered under Council Regulation (EC) No 1257/96 of 20 June 1996 concerning humanitarian aid (2).

(11)

In addition to the measures agreed with partner countries in the context of the policy framework for cooperation established under the related Community instruments for external assistance, the Community must be able to provide assistance which addresses major global and transnational issues having a potentially destabilising effect.

(12)

The 2001 ‘Guidelines for strengthening operational coordination between the Community, represented by the Commission, and the Member States in the field of external assistance’ emphasise the need for enhanced coordination of EU external assistance.

(13)

This Regulation establishes for the period 2007 to 2013 a financial envelope which constitutes the prime reference amount for the budgetary authority according to point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (3).

(14)

The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (4).

(15)

This Regulation aims at covering the scope of and replacing a number of existing Regulations concerning Community external assistance; those Regulations should therefore be repealed.

(16)

Since the objectives of this Regulation cannot be sufficiently achieved by the Member States, because of the need for concerted multilateral response in the areas defined in this Regulation, and can therefore be better achieved at Community level, taking account of the scale and global effects of the measures provided for herein, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the EC Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve these objectives,

2.

2.

3.

(1)

threats to law and order, to the security and safety of individuals, to critical infrastructure and to public health;

assistance shall cover:

(2)

risk mitigation and preparedness relating to chemical, biological, radiological and nuclear materials or agents;

assistance shall cover:

as regards the measures covered by points (b) and (d), particular emphasis shall be placed on assistance to those regions or countries where stockpiles of materials or agents referred to in points (b) and (d) still exist and where there is a risk of proliferation of such materials or agents.

(3)

Pre- and post-crisis capacity building

Support for long-term measures aimed at building and strengthening the capacity of international, regional and sub-regional organisations, state and non-state actors in relation to their efforts in:

Measures under this point shall include know-how transfer, the exchange of information, risk/threat assessment, research and analysis, early warning systems and training. Measures may also include, where appropriate, financial and technical assistance for the implementation of those Recommendations made by the UN Peacebuilding Commission falling within the objectives of Community cooperation policy.

(a)

Exceptional Assistance Measures and Interim Response Programmes;

(b)

Multi-country Strategy papers, Thematic Strategy Papers and Multi-annual Indicative Programmes;

(c)

Annual Action Programmes;

(d)

Special Measures.

1.

1.

(a)

Member States, and in particular their public and para-statal agencies;

(b)

other donor countries and in particular their public and para-statal agencies;

(c)

international and regional organisations, and in particular international and regional financial institutions;

(d)

companies, firms, other private organisations and businesses, and other non-state actors referred to in Article 10(2);

(e)

partner countries and regions in receipt of funding, and other bodies eligible for funding as referred to in Article 10.

—

financing agreements,

—

grant agreements,

—

procurement contracts,

—

employment contracts.

2.

(a)

no more than 7 percentage points of the financial envelope shall be allocated to measures falling under Article 4(1);

(b)

no more than 15 percentage points of the financial envelope shall be allocated to measures falling under Article 4(2);

(c)

no more than 5 percentage points of the financial envelope shall be allocated to measures falling under Article 4(3).

—

Regulation (EC) No 2130/2001 of the European Parliament and of the Council of 29 October 2001 on operations to aid uprooted people in Asian and Latin American developing countries (10),

—

Council Regulation (EC) No 1725/2001 of 23 July 2001 concerning action against anti-personnel landmines in third countries other than developing countries (11),

—

Regulation (EC) No 1724/2001 of the European Parliament and of the Council of 23 July 2001 concerning action against anti-personnel landmines in developing countries (12),

—

Council Regulation (EC) No 381/2001 of 26 February 2001 creating a rapid-reaction mechanism (13),

—

Council Regulation (EC) No 1080/2000 of 22 May 2000 on support for the United Nations Interim Mission in Kosovo (UNMIK) and the Office of the High Representative in Bosnia and Herzegovina (OHR) (14), with the exception of Article 1a of that Regulation,

—

Council Regulation (EC) No 2046/97 of 13 October 1997 on north-south cooperation in the campaign against drugs and drug addiction (15),

—

Council Regulation (EC) No 2258/96 of 22 November 1996 on rehabilitation and reconstruction operations in developing countries (16).

24.11.2006   

EN

Official Journal of the European Union

L 327/12

(1)

The European audiovisual sector has a key role to play in the emergence of European citizenship because it is one of the principal vectors for conveying the Union's common and shared fundamental social and cultural values to Europeans and especially young people. Community support is designed to enable the European audiovisual sector to promote intercultural dialogue, increase mutual awareness amongst Europe's cultures and develop its political, cultural, social and economic potential, which constitutes genuine added value in the task of making European citizenship a reality. Such support is intended to enhance competitiveness and, in particular, to increase the market share in Europe of non-national European works.

(2)

It is also necessary to promote active citizenship and to do more to ensure respect for the principle of human dignity, promote equality between men and women and combat all forms of discrimination and exclusion, including racism and xenophobia.

(3)

All actions adopted pursuant to this programme should be compatible with the Charter of Fundamental Rights of the European Union and, in particular, Article 11 thereof on freedom of expression and media pluralism.

(4)

Article 22 of the said Charter states that the Union is to respect cultural and linguistic diversity. It is, therefore, necessary to pay attention to the specific needs of the smaller Member States and those with more than one linguistic area.

(5)

Community support for the audiovisual sector takes into account Article 151 of the Treaty.

(6)

Community support for the audiovisual sector is also in keeping with the new strategic aim defined for the Union by the Lisbon European Council of 23 and 24 March 2000, namely to boost training, employment, economic reform and social cohesion in a knowledge-based economy. In its conclusions, the European Council stated that ‘content industries create added value by exploiting and networking European cultural diversity’. This approach was confirmed in the conclusions of the Brussels European Council of 20 and 21 March 2003.

(7)

Community support for the audiovisual sector is based on the considerable experience acquired in the MEDIA I, MEDIA II, MEDIA Plus and MEDIA — Training programmes (4), which have helped the European audiovisual industry to develop since 1991, as has emerged clearly in the evaluation of these programmes.

(8)

The results obtained showed that Community action should concentrate mainly:

(9)

The MEDIA programme should encourage authors (scriptwriters and directors) in the creative process and encourage them to develop and adopt new creative techniques which will strengthen the innovative capacity of the European audiovisual sector.

(10)

There is more than one platform of digitisation in the projections of films, depending on different uses, users and needs. Pilot projects of the MEDIA programme are a test ground for future developments in the audiovisual sector.

(11)

The preparatory action ‘Growth and Audiovisual: i2i Audiovisual’, which supplements the MEDIA Plus and MEDIA — Training programmes, marked a further stage in implementing the policy of Community support for the audiovisual sector. It was intended specifically to provide a remedy for the problems of access to funding of small and medium-sized enterprises (SMEs) in this sector. The evaluation of ‘Growth and Audiovisual: i2i Audiovisual’ confirmed that it met the sector's needs and confirmed the need to pursue Community action along these lines but that it should be more closely geared towards the specific needs of the sector.

(12)

The European audiovisual sector is characterised by its considerable potential for growth, innovation and dynamism, by the fragmentation of the market as a function of cultural and linguistic diversity and, consequently, by a large number of SMEs and very small enterprises with chronic undercapitalisation. For the purposes of implementing Community support, the specific nature of the audiovisual sector should be taken into account and it should be ensured that administrative and financial procedures in relation to the amount of support are simplified as far as possible and adapted to the aims pursued and the sector's practices and requirements.

(13)

Throughout the EU one major obstacle to competition is an almost complete lack of companies specialising in providing loan financing in the audiovisual sector.

(14)

The Commission and Member States should review their support for the audiovisual sector, in particular the results of the preparatory action ‘Growth and Audiovisual: i2i Audiovisual’, to establish to what extent future support can simplify the development of specialist offers for SMEs in terms of loan financing.

(15)

Loan finance systems that have been developed in the Member States to promote national audiovisual projects and to mobilise private capital should be examined to see whether such capital could be made available for non-national European projects.

(16)

Increased transparency and dissemination of information concerning the European audiovisual market can make operators in the sector, and especially SMEs, more competitive. This could encourage private investors’ confidence by improving understanding of the industry’s potential. This also makes it easier for Community action to be evaluated and followed up. Participation by the European Union in the European Audiovisual Observatory should help it to achieve these aims.

(17)

In a Community of 25 Member States, cooperation is increasingly becoming a strategic response to strengthen the competitiveness of the European film industry. There is therefore a need for greater support for projects for EU-wide networks at all MEDIA programme levels — training, development, distribution and promotion. This applies in particular to cooperation with players from the Member States which joined the European Union after 30 April 2004. It should be emphasised that any strategy for cooperation between players in the audiovisual sector should comply with the Community's competition law.

(18)

Public support for cinema at European, national, regional or local level is essential to overcome the sector's structural difficulties and allow the European audiovisual industry to meet the challenge of globalisation.

(19)

European Union accession countries and those EFTA countries which are parties to the EEA Agreement are recognised as potential participants in Community programmes in accordance with the agreements concluded with these countries.

(20)

Cooperation between MEDIA and Eurimages needs to be strengthened, but without this leading to integration in financial and administrative matters.

(21)

The European Council in Thessaloniki of 19 and 20 June 2003 adopted ‘The agenda for the Western Balkans: Moving towards European integration’, providing that Community programmes should be open to countries in the process of stabilisation and association on the basis of framework agreements to be signed between the Community and these countries.

(22)

The other European countries which are parties to the Council of Europe Convention on Transfrontier Television are an integral part of the European audiovisual area and should therefore be enabled, if they wish and taking into account budgetary considerations or priorities of their audiovisual industries, to participate in this programme or benefit under a more limited cooperation formula on the basis of supplementary appropriations and specific arrangements in accordance with conditions to be laid down in the agreements between the parties concerned.

(23)

Cooperation with non-European third countries developed on the basis of mutual and balanced interests may create added value for the European audiovisual industry in terms of promotion, market access, distribution, dissemination and exhibition of European works in those countries. Such cooperation should be developed on the basis of supplementary appropriations and specific arrangements to be agreed upon with the parties concerned.

(24)

Suitable measures should be implemented to prevent irregularities and fraud and to recover funds which have been lost or transferred or used improperly.

(25)

This Decision lays down, for the entire duration of the programme, a financial envelope constituting the prime reference, within the meaning of point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (5), for the budgetary authority during the annual budgetary procedure.

(26)

The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (6).

(27)

The arrangements for monitoring and evaluating actions should include detailed annual reports as well as specific, measurable, achievable, relevant and time-bound objectives and indicators.

(28)

Provision needs to be made for measures governing the transition from the MEDIA Plus and MEDIA — Training programmes to the programme established by this Decision.

(29)

Since the objectives of this Decision cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives,

(a)

preserve and enhance European cultural and linguistic diversity and its cinematographic and audiovisual heritage, guarantee its accessibility to the public and promote intercultural dialogue;

(b)

increase the circulation and viewership of European audiovisual works inside and outside the European Union, including through greater cooperation between players;

(c)

strengthen the competitiveness of the European audiovisual sector in the framework of an open and competitive European market favourable to employment, including by promoting links between audiovisual professionals.

3.

4.

1.

2.

3.

enable, through special scholarships, professionals from the Member States which acceded to the European Union after 30 April 2004 to take part in the training activities set out in point 1.

1.

(a)

strengthen European distribution by encouraging distributors to invest in the co-production, acquisition and promotion of non-national European films and to set up coordinated marketing strategies;

(b)

improve the circulation of non-national European films on the European and international markets by incentive measures for export, distribution on any medium and cinema exhibition;

(c)

promote the transnational dissemination of European audiovisual works produced by independent production companies by encouraging cooperation between broadcasters on the one hand and independent producers and distributors on the other;

(d)

encourage the digitisation of European audiovisual works and the development of a competitive digital market place;

(e)

encourage cinemas to exploit the possibilities offered by digital distribution.

(a)

improve the circulation of European audiovisual works by ensuring that the European audiovisual sector has access to European and international professional markets;

(b)

improve the European and international public's access to European audiovisual works;

(c)

encourage common actions between national film and audiovisual programme promotion organisations;

(d)

encourage the promotion of Europe's cinematographic and audiovisual heritage and the improvement of the public's access to it at both European and international level.

1.

2.

3.

(a)

an interim evaluation report on the results and the qualitative and quantitative aspects of implementing the programme no later than three years after the start of the programme;

(b)

a communication on the continuation of the programme no later than four years after the start of the programme;

(c)

a detailed expost evaluation report by 31 December 2015 covering the implementation and results of the programme, on completion of its implementation.

(a)

by encouraging transparency in the market through an improved comparability of data collected in the different countries and ensuring that operators have access to financial and legal statistics and information, especially on the Member States which have acceded to the European Union after 30 April 2004, thereby enhancing the European audiovisual sector's ability to compete and develop;

(b)

by enabling the programme to be monitored more effectively and making it easier to evaluate.

—

Council Decision 90/685/EEC of 21 December 1990 concerning the implementation of an action programme to promote the development of the European audiovisual industry (MEDIA) (1991 to 1995) (OJ L 380, 31.12.1990, p. 37) (MEDIA I),

—

Council Decision 95/563/EC of 10 July 1995 on the implementation of a programme encouraging the development and distribution of European audiovisual works (MEDIA II — Development and distribution) (1996 to 2000) (OJ L 321, 30.12.1995, p. 25) and Council Decision 95/564/EC of 22 December 1995 on the implementation of a training programme for professionals in the European audiovisual programme industry (MEDIA II — Training) (OJ L 321, 30.12.1995, p. 33) (MEDIA II),

—

Council Decision 2000/821/EC of 20 December 2000 on the implementation of a programme to encourage the development, distribution and promotion of European audiovisual works (MEDIA Plus — Development, Distribution and Promotion) (2001 to 2005) (OJ L 336, 30.12.2000, p. 82). Decision as last amended by Regulation (EC) No 885/2004 (OJ L 168, 1.5.2004, p. 1) (MEDIA Plus), and

—

Decision No 163/2001/EC of the European Parliament and of the Council of 19 January 2001 on the implementation of a training programme for professionals in the European audiovisual programme industry (MEDIA — Training) (2001 to 2005) (OJ L 26, 27.1.2001, p. 1). Decision as last amended by Regulation (EC) No 885/2004 (MEDIA — Training) respectively.

24.11.2006   

EN

Official Journal of the European Union

L 327/30

(1)

The Treaty establishing the European Community, hereinafter referred to as the ‘Treaty’, establishes citizenship of the Union and provides that Community action in the field of education, vocational training and youth is to be aimed, primarily, at encouraging the development of youth exchanges, exchanges of socio-educational instructors and quality education.

(2)

The Treaty on European Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, equality between men and women and non-discrimination. The promotion of young people's active citizenship should contribute to the development of these values.

(3)

Decision No 1031/2000/EC of the European Parliament and of the Council of 13 April 2000 established the ‘Youth’ Community action programme (4). It is appropriate to pursue and strengthen cooperation and Community action in that field on the basis of the experience acquired from that programme.

(4)

Decision No 790/2004/EC of the European Parliament and of the Council of 21 April 2004 established a programme of Community action to promote bodies active at European level in the field of youth (5).

(5)

The extraordinary European Council held in Lisbon on 23 and 24 March 2000 established a strategic objective for the EU including an active employment policy giving greater priority to lifelong learning, complemented by the sustainable development strategy of the Gothenburg European Council of 15 and 16 June 2001.

(6)

The Laeken Declaration annexed to the Presidency conclusions of the European Council of 14 and 15 December 2001 asserts that one of the basic challenges to be resolved by the EU is how to bring citizens, and primarily young people, closer to the European design and the European institutions.

(7)

The Commission adopted a White Paper on ‘A new impetus for European youth’ on 21 November 2001, which proposes a cooperation framework in the field of youth to focus on participation, information, voluntary activities and a greater understanding of young people. The European Parliament adopted these proposals in its resolution of 14 May 2002 (6).

(8)

The Resolution of the Council and of the representatives of the Governments of the Member States meeting within the Council of 27 June 2002 (7) establishes, in particular, an open method of coordination covering the priorities of participation, information, voluntary activities among young people and greater understanding of youth. This should be taken into account in the implementation of the Youth in Action Programme, hereinafter referred to as ‘the Programme’.

(9)

In its conclusions of 6 May 2003 (8), the Council stresses the need to maintain and develop the existing Community instruments specifically addressed to young people, as they are essential for the development of Member States' cooperation in the field of youth, and, moreover, that the priorities and objectives of those instruments should be aligned with the Framework of European Cooperation in the field of Youth.

(10)

The Spring European Council on 22 and 23 March 2005 adopted the European Pact for Youth as one of the instruments contributing to the achievement of the Lisbon objectives of growth and jobs. The Pact focuses on three areas: employment, integration and social advancement; education, training and mobility; reconciliation of working life and family life.

(11)

The Community's action includes a contribution to high quality education and training and must seek to eliminate inequalities and promote equality between men and women, pursuant to Article 3(2) of the Treaty.

(12)

The special needs of people with disabilities should be addressed.

(13)

There is a need to promote active citizenship and, when implementing the action lines, step up the fight against exclusion and discrimination in all their forms, including those based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation, in accordance with Article 13(1) of the Treaty.

(14)

The candidate countries and those EFTA countries which are parties to the EEA Agreement are recognised as potential participants in Community programmes, in accordance with the agreements concluded with them.

(15)

The Thessaloniki European Council of 19 and 20 June 2003 adopted the ‘Thessaloniki Agenda for the Western Balkans: moving towards European integration’, which provides that Community programmes should be open to countries forming part of the Stabilisation and Association process, on the basis of framework agreements to be signed between the Community and these countries.

(16)

Steps should be taken with a view to opening up the Programme to Switzerland.

(17)

The Barcelona Declaration adopted at the Euro-Mediterranean conference in 1995 states that youth exchanges should be the means to prepare future generations for closer cooperation between the Euro-Mediterranean partners, while respecting the principles of human rights and fundamental freedoms.

(18)

In its conclusions of 16 June 2003, the Council on the basis of the Commission communication entitled ‘Wider Europe — Neighbourhood: A New Framework for Relations with our Eastern and Southern Neighbours’ sets out as action lines for the Community the stepping up of cultural cooperation, mutual understanding and cooperation in the area of education and training with the neighbouring countries.

(19)

The interim evaluation reports of the existing Youth Programme and the public consultation on the future of Community's activity in education, training and youth reveal a strong and in some respects growing need for continuing cooperation and mobility in the youth field at European level, and press for a simpler, more user-friendly and more flexible approach to implement such action.

(20)

Following the principle of sound financial management, the implementation of the Programme may be simplified by recourse to lump sum funding, in respect either of support awarded to programme participants or of Community support for the structures established at national level for the administration of the Programme.

(21)

The Programme should be regularly monitored and evaluated in cooperation between the Commission and the Member States in order to allow for readjustments, particularly in the priorities for implementing the measures. This monitoring and evaluation should include measurable and relevant objectives and indicators.

(22)

It is necessary to provide sufficient flexibility in the formulation of the legal base for the Programme to allow for appropriate adjustments in the actions to respond to changing needs during the period 2007 to 2013, and to avoid the excessively detailed provisions of previous programmes, so this Decision is deliberately limited to generic definitions of actions and their essential accompanying administrative and financial provisions.

(23)

It is appropriate to ensure a correct closure of the Programme, in particular regarding the continuation of multi-annual arrangements for its management, such as the financing of technical and administrative assistance. As of 1 January 2014, the technical and administrative assistance will ensure, if necessary, the management of actions not yet finalised by the end of 2013.

(24)

It is necessary to provide for specific arrangements for the application of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (9) and its implementing measures, as well as for the derogations from these texts necessitated by the features of the beneficiaries and the nature of the actions.

(25)

Appropriate measures should be implemented to prevent irregularities and fraud and to recover funds lost or incorrectly paid or used.

(26)

This Decision lays down for the entire duration of the Programme, a financial envelope constituting the prime reference, within the meaning of point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (10), for the budgetary authority during the annual budgetary procedure.

(27)

Since the objectives of this Decision cannot be sufficiently achieved by the Member States as multilateral partnerships, transnational mobility measures and an exchange of information at European level are required and can therefore, by reason of the transnational and multilateral scale of the proposed actions and measures, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives.

(28)

The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (11).

(29)

Provisional measures to monitor actions started before 31 December 2006 should be adopted pursuant to Decision No 1031/2000/EC and Decision No 790/2004/EC,

1.

1.

In the context of the general objective to promote young people's active citizenship in general and their European citizenship in particular:

2.

In the context of the general objective of developing solidarity and promoting tolerance among young people, in particular in order to reinforce social cohesion in the EU:

3.

In the context of the general objective to foster mutual understanding between young people in different countries:

4.

In the context of the general objective to contribute to developing the quality of support systems for youth activities and the capabilities of civil society organisations in the youth field:

5.

In the context of the general objective to promote European cooperation in the youth field, taking due account of local and regional aspects:

1.

Youth for Europe

The aim of this action is to:

2.

European Voluntary Service

The aim of this action is to support young people's participation in various forms of voluntary activities, both within and outside the EU.

3.

Youth in the World

The aim of this action is to:

4.

Youth support systems

The aim of this action is to support bodies active at European level in the field of youth, in particular the operation of youth NGOs, their networking, advice for people developing projects, ensuring quality by means of the exchange, training and networking of those active in youth work and youth organisations, encouraging innovation and quality, providing young people with information, developing the structures and activities needed for the Programme to meet these goals and encouraging partnerships with local and regional authorities.

5.

Support for European cooperation in the youth field

The aim of this action is to:

(a)

the Member States;

(b)

the EFTA States that are party to the EEA Agreement, in accordance with the provisions of that Agreement;

(c)

the candidate countries benefiting from a pre-accession strategy, pursuant to the general principles and the general conditions and arrangements laid down in the framework agreements concluded with these countries for their participation in Community programmes;

(d)

the countries of the western Balkans, in accordance with the arrangements to be established with these countries following the framework agreements providing for their participation in Community programmes;

(e)

Switzerland, subject to the conclusion of a bilateral agreement with that country.

6.

1.

4.

24.11.2006   

EN

Official Journal of the European Union

L 327/45

(1)

Council Decision 1999/382/EC (4) established the second phase of the Community vocational training action programme ‘Leonardo da Vinci’.

(2)

Decision No 253/2000/EC of the European Parliament and of the Council (5) established the second phase of the Community action programme in the field of education ‘Socrates’.

(3)

Decision No 2318/2003/EC of the European Parliament and of the Council (6) established a multi-annual programme for the effective integration of information and communication technologies (ICT) in education and training systems in Europe (eLearning programme).

(4)

Decision No 791/2004/EC of the European Parliament and of the Council (7) established a Community action programme to promote bodies active at European level in the field of education and training and to support specific activities in this field.

(5)

Decision No 2241/2004/EC of the European Parliament and of the Council (8) established a single framework for the transparency of qualifications and competences (Europass).

(6)

Decision No 2317/2003/EC of the European Parliament and of the Council (9) established a programme for the enhancement of quality in higher education and the promotion of intercultural understanding through cooperation with third countries (Erasmus Mundus) (2004 to 2008).

(7)

The Bologna Declaration, signed by the Ministers for Education of 29 European countries on 19 June 1999, established an intergovernmental process aimed at creating a ‘European Area of Higher Education’ by 2010, which requires support at Community level.

(8)

The Lisbon European Council of 23 and 24 March 2000 set a strategic goal for the European Union to become the most competitive and dynamic knowledge-based economy in the world, capable of sustainable economic growth with more and better jobs and greater social cohesion, and invited the Education Council to undertake a general reflection on the concrete future objectives of education systems, focusing on common concerns and priorities while respecting national diversity.

(9)

An advanced knowledge society is the key to higher growth and employment rates. Education and training are essential priorities for the European Union in order to achieve the Lisbon goals.

(10)

On 12 February 2001 the Council adopted a report on the concrete future objectives of education and training systems. On 14 June 2002 it subsequently adopted a detailed work programme on the follow-up of these objectives, requiring support at Community level.

(11)

The Göteborg European Council of 15 and 16 June 2001 agreed a strategy for sustainable development and added an environmental dimension to the Lisbon process for employment, economic reform and social cohesion.

(12)

The Barcelona European Council of 15 and 16 March 2002 set the objective of making European Union education and training systems a world quality reference by 2010, and called for action to improve the mastery of basic skills, in particular by teaching at least two foreign languages from a very early age.

(13)

The Commission Communication and the Council Resolution of 27 June 2002 (10) on lifelong learning affirm that lifelong learning should be enhanced by actions and policies developed within the framework of Community programmes in this field.

(14)

The Council Resolution of 19 December 2002 (11) established a process of enhanced European cooperation in vocational education and training, requiring support at Community level. The Copenhagen Declaration, agreed by the Ministers for Education of 31 European countries on 30 November 2002, associated the social partners and the candidate countries with this process.

(15)

The Commission Communication on the Action Plan for skills and mobility noted the continuing need for action at European level to improve the recognition of education and training qualifications.

(16)

The Commission Communication on the Action Plan promoting language learning and linguistic diversity set out actions to be taken at European level during the period from 2004 to 2006 and requires follow-up action.

(17)

Promoting the teaching and learning of languages and linguistic diversity should be a priority of Community action in the field of education and training. The teaching and learning of languages is of special relevance among neighbouring Member States.

(18)

The interim evaluation reports of the existing Socrates and Leonardo da Vinci programmes and the public consultation on the future of Community activity in education and training revealed a strong and in some respects growing need for continuing cooperation and mobility in these fields at European level. The reports emphasised the importance of creating closer links between Community programmes and policy developments in education and training, expressed the wish that Community action should be structured so as to respond better to the lifelong learning paradigm, and pressed for a simpler, more user-friendly and more flexible approach to implementing such action.

(19)

Following the principle of sound financial management, the implementation of the programme may be simplified by recourse to lump sum funding, in respect either of support awarded to programme participants or of Community support for the structures established at national level for the administration of the programme.

(20)

Significant advantages would accrue from integrating Community support for transnational cooperation and mobility in the fields of education and training into a single programme, which would permit greater synergies between the different fields of action and offer more capacity to support developments in lifelong learning and more coherent, streamlined and efficient modes of administration. A single programme would also encourage better cooperation between the various levels of education and training.

(21)

A Lifelong Learning Programme should therefore be established to contribute through lifelong learning to the development of the European Union as an advanced knowledge society, with sustainable economic development, more and better jobs and greater social cohesion.

(22)

Given the specificities of the schools, higher education, vocational training and adult education sectors, and the consequent need for Community action to be based on objectives, forms of action and organisational structures tailored to them, it is appropriate to retain individual programmes within the framework of the Lifelong Learning Programme targeted at each of these four sectors, while maximising the coherence and common ground between them.

(23)

In its Communication ‘Building our common Future: Policy challenges and Budgetary means of the Enlarged Union 2007-2013’, the Commission set out a sequence of quantified targets to be achieved by the new generation of Community education and training programmes, which require a significant increase in mobility and partnership actions.

(24)

Given the demonstrated beneficial impacts of transnational mobility on individuals and on education and training systems, the high volume of unfulfilled demand for mobility in all sectors, and its importance in the context of the Lisbon target, it is necessary to increase substantially the volume of support for transnational mobility in the four sectoral sub-programmes.

(25)

In order to cover more adequately the real additional costs borne by students studying abroad, the standard student mobility grant should be maintained at an average of EUR 200 per month in real terms for the duration of the programme.

(26)

More provision should be made for the mobility needs of individual school pupils at secondary level and of individual adult learners, hitherto not covered by Community programmes, by introducing a new type of mobility action into the Comenius and Grundtvig programmes. The opportunities offered by individual teacher mobility for the development of long-term cooperation between schools in neighbouring regions should also be exploited more fully.

(27)

Small and medium-sized enterprises play an important role in the European economy. Hitherto, however, participation by such enterprises in the Leonardo da Vinci programme has been limited. Steps should be taken to improve the attractiveness of Community action to such enterprises, in particular by ensuring that more mobility opportunities are available for apprentices. Suitable arrangements, similar to those that exist under the Erasmus programme, should be made for the recognition of the outcomes of such mobility.

(28)

Given the particular educational challenges facing the children of occupational travellers and mobile workers in Europe, full use should be made of the opportunities available under the Comenius programme to support transnational activities targeted at their needs.

(29)

Increased mobility throughout Europe should be accompanied by constantly higher standards.

(30)

In order to respond to the increased need to support activities at European level designed to achieve these policy objectives, to provide a means of supporting trans-sectoral activity in the fields of languages and ICT, and to strengthen the dissemination and exploitation of results of the programme, it is appropriate to complement the four sectoral sub-programmes with a transversal programme.

(31)

In order to respond to the increasing need for knowledge and dialogue on the European integration process and its development, it is important to stimulate excellence in teaching, research and reflection in this field by supporting higher education institutions specialising in the study of the European integration process, European associations in the fields of education and training and the Jean Monnet Action.

(32)

It is necessary to provide sufficient flexibility in the formulation of this Decision to allow for appropriate adjustments in the actions of the Lifelong Learning Programme to respond to changing needs during the period from 2007 to 2013, and to avoid the inappropriately detailed provisions of previous phases of Socrates and Leonardo da Vinci programmes.

(33)

In all its activities, the Community is to aim to eliminate inequalities and promote equality between men and women, as provided for in Article 3(2) of the Treaty.

(34)

Further to Article 151 of the Treaty, the Community is to take cultural aspects into account in its action under other provisions of the Treaty, in particular in order to respect and to promote the diversity of its cultures. Particular attention should be paid to the synergy between culture, education and training. Intercultural dialogue should also be encouraged.

(35)

There is a need to promote active citizenship and respect for human rights and democracy, and to step up the fight against exclusion in all its forms, including racism and xenophobia.

(36)

There is a need to widen access for those from disadvantaged groups and to address actively the special learning needs of those with disabilities, in the implementation of all parts of the programme, including through the use of higher grants to reflect the additional costs of disabled participants, and the provision of support for the learning and use of sign languages and Braille.

(37)

Note should be taken of the achievements of the European Year of Education through Sport (2004) and of the potential educational benefits of cooperation between educational institutions and sports organisations that the Year highlighted.

(38)

The candidate countries for accession to the European Union and the EFTA countries which are members of the EEA may participate in Community programmes in accordance with agreements to be signed between the Community and these countries.

(39)

The Thessaloniki European Council of 19 and 20 June 2003 approved the Council conclusions of 16 June 2003 on the Western Balkans, including the Annex thereto entitled ‘The Thessaloniki Agenda for the Western Balkans: moving towards European integration’, which provides that Community programmes should be opened to the Stabilisation and Association Process countries on the basis of framework agreements to be signed between the Community and those countries.

(40)

The Community and the Swiss Confederation have declared their intention of undertaking negotiations to conclude agreements in areas of common interest such as Community education, training and youth programmes.

(41)

The Lifelong Learning Programme should be regularly monitored and evaluated in cooperation between the Commission and the Member States in order to allow for readjustments, particularly with respect to the priorities for implementing the measures. The evaluation should include an external evaluation to be conducted by independent, impartial bodies.

(42)

In its Resolution of 28 February 2002 on the implementation of the Socrates programme (12) the European Parliament drew attention to the disproportionately onerous administrative procedures for grant applicants under the second phase of the programme.

(43)

Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (13) and Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 (14), which safeguard the Community's financial interests, have to be applied taking into account the principles of simplicity and consistency in the choice of budgetary instruments, a limitation on the number of cases where the Commission retains direct responsibility for their implementation and management, and the required proportionality between the amount of resources and the administrative burden related to their use.

(44)

Radical administrative simplification of application procedures is essential for successful implementation of the programme. Administrative and accounting requirements should be proportional to the size of the grant.

(45)

Appropriate measures should also be taken to prevent irregularities and fraud and the necessary steps should be taken to recover funds lost, wrongly paid or incorrectly used.

(46)

It is appropriate to ensure a correct closure of the Lifelong Learning Programme, in particular regarding the continuation of multi-annual arrangements for its management, such as the financing of technical and administrative assistance. As from 1 January 2014, the technical and administrative assistance should ensure, if necessary, the management of actions not finalised by the end of 2013, including monitoring and audit actions.

(47)

Since the objective of this Decision, namely the contribution of European cooperation to quality education and training, cannot be sufficiently achieved by the Member States because of the need for multilateral partnerships, transnational mobility and Community-wide exchanges of information, and can therefore, by reason of the nature of the actions and measures necessary, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve that objective.

(48)

This Decision lays down for the entire duration of the programme, a financial envelope constituting the prime reference within the meaning of point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (15), for the budgetary authority during the annual budgetary procedure.

(49)

The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (16),

3.

1.

‘pre-school’ means organised educational activity undertaken before the start of obligatory primary schooling;

2.

‘pupil’ means a person enrolled in a learning capacity at a school;

3.

‘school’ means all types of institutions providing general (pre-school, primary or secondary), vocational and technical education and, exceptionally, in the case of measures to promote language learning, non-school institutions providing apprenticeship training;

4.

‘teachers/educational staff’ means persons who, through their duties, are involved directly in the education process in the Member States;

5.

‘trainers’ mean persons who, through their duties, are involved directly in the vocational education and training process in the Member States;

6.

‘student’ means a person registered in a higher education institution, whatever their field of study, in order to follow higher education studies leading to a recognised degree or other recognised tertiary level qualification, up to and including the level of doctorate;

7.

‘trainee’ means a person undergoing vocational training, either within a training institution or training organisation or at the workplace;

8.

‘adult learner’ means a learner participating in adult education;

9.

‘people in the labour market’ means workers, the self-employed or people available for employment;

10.

11.

12.

‘vocational training’ means any form of initial vocational education or training, including technical and vocational teaching and apprenticeships, which contributes to the achievement of a vocational qualification recognised by the competent authorities in the Member State in which it is obtained, as well as any continuing vocational education or training undertaken by a person during his or her working life;

13.

‘adult education’ means all forms of non-vocational adult learning, whether of a formal, non-formal or informal nature;

14.

‘study visit’ means a short-term visit, made to study a particular aspect of lifelong learning in another Member State;

15.

‘mobility’ means spending a period of time in another Member State, in order to undertake study, work experience, other learning or teaching activity or related administrative activity, supported as appropriate by preparatory or refresher courses in the host language or working language;

16.

‘placement’ means spending a period of time in an enterprise or organisation in another Member State, supported as appropriate by preparatory or refresher courses in the host language or working language, with a view to helping individuals to adapt to the requirements of the Community-wide labour market, to acquiring a specific skill and to improving understanding of the economic and social culture of the country concerned in the context of acquiring work experience;

17.

‘unilateral’ means involving a single institution;

18.

‘bilateral’ means involving partners from two Member States;

19.

‘multilateral’ means involving partners from at least three Member States. The Commission may regard associations or other bodies with membership from three Member States or more as multilateral;

20.

‘partnership’ means a bilateral or multilateral agreement between a group of institutions or organisations in different Member States to carry out joint European activities in lifelong learning;

21.

‘network’means a formal or informal grouping of bodies active in a particular field, discipline or sector of lifelong learning;

22.

‘project’ means a cooperation activity with a defined outcome developed jointly by a formal or informal grouping of organisations or institutions;

23.

‘project coordinator’ means the organisation or institution in charge of the implementation of the project by the multilateral grouping;

24.

‘project partners’ means the organisations or institutions other than the coordinator, which form the multilateral grouping;

25.

‘enterprise’ means all undertakings engaged in economic activity in the public or private sector whatever their size, legal status or the economic sector in which they operate, including the social economy;

26.

‘social partners’ means, at national level, employers' and workers' organisations in conformity with national laws and/or practices and, at Community level, employers' and workers' organisations taking part in the social dialogue at Community level;

27.

‘guidance and counselling’ means a range of activities such as information, assessment, orientation and advice to assist learners, trainers and other staff to make choices relating to education and training programmes or employment opportunities;

28.

‘dissemination and exploitation of results’ means activities designed to ensure that the results of the Lifelong Learning Programme and its predecessors are appropriately recognised, demonstrated and implemented on a wide scale;

29.

‘lifelong learning’ means all general education, vocational education and training, non-formal education and informal learning undertaken throughout life, resulting in an improvement in knowledge, skills and competences within a personal, civic, social and/or employment-related perspective. It includes the provision of counselling and guidance services.

1.

2.

3.

(a)

pupils, students, trainees and adult learners;

(b)

teachers, trainers and other staff involved in any aspect of lifelong learning;

(c)

people in the labour market;

(d)

institutions or organisations providing learning opportunities within the context of the Lifelong Learning Programme, or within the limits of its sub-programmes;

(e)

the persons and bodies responsible for systems and policies concerning any aspect of lifelong learning at local, regional and national level;

(f)

enterprises, social partners and their organisations at all levels, including trade organisations and chambers of commerce and industry;

(g)

bodies providing guidance, counselling and information services relating to any aspect of lifelong learning;

(h)

associations working in the field of lifelong learning, including students', trainees', pupils', teachers', parents' and adult learners' associations;

(i)

research centres and bodies concerned with lifelong learning issues;

(j)

non-profit organisations, voluntary bodies, non-governmental organisations (NGOs).

1.

2.

3.

1.

1.

(a)

promoting an awareness of the importance of cultural and linguistic diversity within Europe, as well as of the need to combat racism, prejudice and xenophobia;

(b)

making provision for learners with special needs, and in particular by helping to promote their integration into mainstream education and training;

(c)

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.

5.

(a)

pupils in school education up to the end of upper secondary education;

(b)

schools, as specified by Member States;

(c)

teachers and other staff within those schools;

(d)

associations, non-profit organisations, NGOs and representatives of those involved in school education;

(e)

persons and bodies responsible for the organisation and delivery of education at local, regional and national levels;

(f)

research centres and bodies concerned with lifelong learning issues;

(g)

higher education institutions;

(h)

bodies providing guidance, counselling and information services relating to any aspect of lifelong learning.

1.

2.

1.

(a)

students and trainees learning in all forms of tertiary level education and training;

(b)

higher education institutions, as specified by Member States;

(c)

teachers, trainers and other staff within those institutions;

(d)

associations and representatives of those involved in higher education, including relevant student, university, and teacher/trainer associations;

(e)

enterprises, social partners and other representatives of working life;

(f)

public and private bodies, including non-profit organisations and NGOs, responsible for the organisation and delivery of education and training at local, regional and national levels;

(g)

research centres and bodies concerned with lifelong learning issues;

(h)

bodies providing guidance, counselling and information services relating to any aspect of lifelong learning.

1.

2.

1.

(a)

students in higher education institutions who, enrolled at least in the second year, spend a study period in another Member State within the framework of the mobility action of the Erasmus programme, regardless whether they have been awarded financial support under that programme. Such periods shall be fully recognised under the interinstitutional agreements between the sending and host institutions. The host institutions shall not charge tuition fees to such students;

(b)

students enrolled on Joint Masters programmes and engaged in mobility;

(c)

students in higher education institutions taking part in placements.

(a)

people learning in all forms of vocational education and training except at tertiary level;

(b)

people in the labour market;

(c)

institutions or organisations providing learning opportunities in the fields covered by the Leonardo da Vinci programme;

(d)

teachers, trainers and other staff within those institutions or organisations;

(e)

associations and representatives of those involved in vocational education and training, including trainees', parents' and teachers' associations;

(f)

enterprises, social partners and other representatives of working life, including chambers of commerce and other trade organisations;

(g)

bodies providing guidance, counselling and information services relating to any aspect of lifelong learning;

(h)

persons and bodies responsible for systems and policies concerning any aspect of vocational education and training at local, regional and national level;

(i)

research centres and bodies concerned with lifelong learning issues;

(j)

higher education institutions;

(k)

non-profit organisations, voluntary bodies, NGOs.

1.

2.

1.

(a)

learners in adult education;

(b)

institutions or organisations providing learning opportunities in adult education;

(c)

teachers and other staff within those institutions or organisations;

(d)

establishments involved in the initial or further training of adult education staff;

(e)

associations and representatives of those involved in adult education, including learners' and teachers' associations;

(f)

bodies providing guidance, counselling and information services relating to any aspect of lifelong learning;

(g)

persons and bodies responsible for systems and policies concerning any aspect of adult education at local, regional and national level;

(h)

research centres and bodies concerned with lifelong learning issues;

(i)

enterprises;

(j)

non-profit organisations, voluntary bodies, NGOs;

(k)

higher education institutions.

1.

2.

1.