(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2004)0474)(1),

–   having regard to Article 251(2) and Articles 149(4) and 150(4) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0095/2004),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the opinion of the Committee of the Regions(2),

–   having regard to the report of the Committee on Culture and Education and the opinions of the Committee on Foreign Affairs, the Committee on Budgets, the Committee on Employment and Social Affairs, the Committee on Industry, Research and Energy, the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Women's Rights and Gender Equality (A6-0267/2005),

1.  Approves the Commission proposal as amended;

2.  Points out that the appropriations indicated in the Commission proposal beyond the year 2006 are subject to the decisions to be taken on the next multiannual financial framework;

3.  Calls on the Commission, once the next multiannual financial framework is adopted, to present, if appropriate, a proposal to adjust the financial reference amount of the programme;

4.  Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

5.  Instructs its President to forward its position to the Council and Commission.

(1) Not yet published in OJ. (2) Not yet published in OJ.

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 149(4) and 150(4) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee(1),

Having regard to the opinion of the Committee of the Regions(2),

Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),

Whereas:

(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 (2004 to 2006) 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) (2004-2008).

(7)  The great disparity in the performance of educational systems in the European Union, as illustrated in the PISA 2003 report, is a matter of concern.

(8)  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, requiring support at Community level.

(9)  The special meeting of the European Council in Lisbon on 23-24 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.

(10)  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.

(11)  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.

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

(13)  The meeting of the European Council in Barcelona on 15-16 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.

(14)  The Commission Communication "Making a European Area of Lifelong Learning a Reality" and the Council Resolution of 27 June 2002 on lifelong learning(10) affirm that lifelong learning should be enhanced by actions and policies developed within the framework of Community programmes in this field.

(15)  In its resolution on the above-mentioned Commission Communication(11), Parliament welcomed the European Investment Bank (EIB) i2i initiative, which extended its mandate to the granting of study loans to improve educational opportunities, and called on the Commission and Member States to facilitate EIB lending for lifelong learning.

(16)  The Council Resolution of 19 December 2002 on the promotion of enhanced European cooperation in vocational education and training(12) 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.

(17)  The Communication from the Commission 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.

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

(19)  Promoting the teaching and learning of languages and linguistic diversity, including the official languages of the Community and its regional and minority languages, should be a priority of Community action in the field of education and training. Such action is particularly important in border regions of the Member States in relation to the languages used in neighbouring regions of other Member States.

(20)  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. They 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.

(21)  Significant advantages would accrue from integrating Community support for trans-national 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.

(22)  An Integrated 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, greater social cohesion and a culture of respect for human rights and democracy.

(23)  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 Integrated Programme targeted at each of these four sectors, while maximising the coherence and commonality between them.

(24)  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.

(25)  Given the demonstrated beneficial impacts of trans-national 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 trans-national mobility in the four sectoral programmes.

(26)  The standard Erasmus student mobility grant has remained at an average of about EUR 150 per month since 1993.  In real terms, this represents a 25% cut in its value, and acts as an ever greater obstacle to participation of less privileged students in the programme. In order to cover more adequately the real additional costs borne by students studying abroad, the standard student mobility grant should be increased incrementally over the lifetime of the programme, from EUR 210 per month in 2007 to EUR 300 per month in 2013. 

(27)  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 new types of mobility action into the Comenius and Grundtvig sub-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. Over the lifetime of the Integrated Programme, the Comenius sub-programme should aim to involve approximately 10 000 secondary pupils in individual mobility, and the participation of approximately 10 000 teachers in individual mobility between schools, especially in adjacent regions.

(28)  Small- and medium-sized enterprises play an important role in the European economy.  Hitherto, however, participation by such enterprises in the Leonardo 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, analogous to those that exist under Erasmus, should be made for the recognition of the outcomes of such mobility.

(29)  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.

(30)  Increased mobility throughout Europe, far from undermining quality, must on the contrary consistently be accompanied by constantly higher standards.

(31)  If the Erasmus Mundus programme is to be incorporated as an element of the integrated programme, the total budget must be increased accordingly.

(32)  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 programmes with a transversal programme.

(33)  In order to respond to the increasing need for knowledge and dialogue about 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.

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

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

(36)  Further to Article 151 of the Treaty, the Community must 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 and other fields such as education. Intercultural dialogue should also be encouraged.

(37)  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.

(38)  Special attention should be given to groups which are under represented in education and training systems in the European Union.

(39)  The special learning needs of people with disabilities should be actively addressed 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.

(40)  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.

(41)  The candidate countries for membership of 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 those countries.

(42)  The European Council in Thessaloniki on 19 and 20 June 2003 endorsed the Council conclusions of 16 June on the Western Balkans, including its annex "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.

(43)  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.

(44)  The Integrated 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.

(45)  The European Parliament Resolution of 28 February 2002 on the implementation of the Socrates Programme(13) drew attention to the disproportionately onerous administrative procedures for grant applicants under the second phase of the programme.

(46)  Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities(14) and Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002(15) laying down detailed rules for the implementation of Regulation (EC, Euratom) No 1605/2002, 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.

(47)  Radical administrative simplification of application procedures is essential for the successful implementation of the programme. In the absence of an appropriate legal framework, administrative and accounting requirements should be proportionate to the size of the grant.

(48)  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.

(49)  Since the objectives of the proposed action concerning 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, trans-national 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 those objectives.

(50)  This Decision lays down, for the entire duration of the programme, a financial framework constituting the prime reference, within the meaning of point 33 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure(16), for the budgetary authority during the annual budgetary procedure.

(51)  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(17)

HAVE DECIDED AS FOLLOWS:

TITLE I

GENERAL PROVISIONS

Chapter I

The Integrated Programme

Article 1

Establishment of the Integrated Programme

1.  This Decision establishes an integrated programme for Community action in the field of lifelong learning, hereinafter referred to as "the Integrated Programme".

2.  The general objective of the Integrated Programme is to contribute through lifelong learning to the development of the Community as an advanced knowledge society, with sustainable economic development, more and better jobs and greater social cohesion, while ensuring good protection of the environment for future generations. In particular, it aims to foster interchange, cooperation and mobility between education and training systems within the Community so that they become a world quality reference.

3.  The Integrated Programme shall have the following specific objectives:

4.  In accordance with the administrative provisions set out in the Annex, the Integrated Programme shall support and supplement action taken by the Member States.

5.  As set out in Article 2, the objectives of the Integrated Programme shall be pursued through the implementation of four sectoral programmes, one transversal programme, and the Jean Monnet programme, hereinafter collectively referred to as "the Specific Programmes".

6.  This Decision shall be implemented over the period from 1 January 2007 until 31 December 2013. However, preparatory measures, including decisions by the Commission in accordance with Article 9, may be implemented as from the entry into force of this Decision.

7.  The provisions of this Decision relating to the Integrated Programme shall also govern the Specific Programmes, to which specific provisions shall also apply.

Article 2

Specific Programmes

1.  The sectoral programmes shall be the following:

2.  The transversal programme shall comprise the following four key activities:

3.  The Jean Monnet programme shall support institutions and activities in the field of European integration. It shall comprise the following three key activities:

4.  In addition to the objectives set out in Article 1, the Specific Programmes shall have the following specific objectives:

Article 3

Definitions

Article 4

Access to the Integrated Programme

Article 5

Community actions

1.  The Integrated Programme shall comprise support for the following actions:

2.  Community support may be awarded for preparatory and refresher visits in respect of any of the actions set out in this Article.

3.  The Commission may organise such seminars, colloquia or meetings as are likely to facilitate the implementation of the Integrated Programme, and undertake appropriate information, publication and dissemination actions and actions to increase acceptance of the Programme, as well as programme monitoring and evaluation.

4.  The actions referred to in this Article may be implemented by means of calls for proposals, calls for tenders, or directly by the Commission.

Article 6

Tasks of the Commission and the Member States

1.  The Commission shall ensure the implementation of the Community actions provided for by the Integrated Programme.

2.  The Member States shall

3.  The Commission, in cooperation with the Member States, shall ensure

Article 7

Participation of third countries

1.  The Integrated Programme shall be open to the participation of:

2.  Key activity 1 of the Jean Monnet programme referred to in Article 2(3)(a) shall also be open to higher education institutions in any other third country.

3.  Third countries participating in the Integrated Programme shall be subject to all the obligations and will fulfil all the tasks set out in this Decision in relation to Member States.

Article 8

International cooperation

Under the Integrated Programme, and in accordance with Article 9, the Commission may cooperate with third countries and with the competent international organisations, in particular the Council of Europe, the Organisation for Economic Co-operation and Development (OECD) and the United Nations Educational, Scientific and Cultural Organization (UNESCO).

Chapter II

Implementation of the Integrated Programme

Article 9

Implementing measures

1.  The measures necessary for the implementation of the Integrated Programme relating to the following matters shall be adopted by the Commission, in accordance with the management procedure referred to in Article 10(2):

2.  The measures necessary for the implementation of all matters within Title I other than those specified in paragraph 1 of this Article shall be adopted in accordance with the advisory procedure referred to in Article 10(3).

Article 10

Committee

1.  The Commission shall be assisted by a Committee, hereinafter referred to as "the 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.

3.  Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

4.  The Committee shall adopt its rules of procedure.

5.  Member States may not be represented by persons employed in, or having operational responsibility for, national agencies referred to in Article 6(2)(b).

Article 11

Social partners

1.  Whenever the Committee is consulted on any matter concerning the application of this Decision in relation to vocational education and training, representatives of the social partners, appointed by the Commission on the basis of proposals from the European social partners, may participate in the work of the Committee as observers. The number of such observers shall be equal to the number of representatives of the Member States.

2.  Such observers shall have the right to request that their position be recorded in the minutes of the proceedings of the Committee.

Article 12

Horizontal issues

Article 13

Joint Actions

As part of the process of building up a Europe of knowledge, the actions supported under the Integrated Programme may be implemented in accordance with the procedures referred to in Article 10(2) jointly with related Community programmes and actions, particularly those in the field of culture, the media, youth, research and development, employment, enterprise, environment and information and communication technologies.

Article 14

Consistency and complementarity

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 European Social Fund, with the human resource and mobility actions of the Community's Framework Programme in research and development, and with the Community's statistical programme. The Commission shall ensure an efficient link-up between the Integrated Programme and the programmes and actions in the area of education and training undertaken within the framework of the Community's pre-accession instruments, other cooperation with third countries and the competent international organisations.

2.  The Commission shall keep the Committee regularly informed about other relevant Community initiatives taken in the field of lifelong learning, including cooperation with third countries and international organisations.

3.  In implementing actions under the Integrated Programme, the Commission and the Member States shall have regard to the priorities set out in the employment guidelines adopted by the Council, as part of a coordinated employment strategy.

4.  In partnership with the European social partners, the Commission shall endeavour to develop an appropriate coordination between the Integrated Programme and the social dialogue at Community level, including at sectoral levels.

5.  In implementing the Integrated Programme, the Commission shall secure the assistance as appropriate of the European Centre for the Development of Vocational Training (CEDEFOP) in areas related to its competence and in accordance with the arrangements set out in Regulation (EEC) No 337/75 of the Council(18). Where appropriate, the Commission may also secure the support of the European Training Foundation within the scope of its mandate and in accordance with the arrangements set out in Council Regulation (EEC) No 1360/90, of 7 May 1990(19).

6.  The Commission shall keep the Advisory Committee on Vocational Training regularly informed of relevant progress under the Leonardo da Vinci programme.

Chapter III

Financial provisions - Evaluation

Article 15

Funding

1.  The indicative financial framework for the implementation of this Decision for the period of 7 years as from 1 January 2007 is set at EUR 14 377 million. Within this framework, the allocations to be committed to the Comenius, Erasmus, Leonardo da Vinci and Grundtvig programmes shall not be less than as set out in point B.9 of the Annex. Those allocations may be amended by the Commission in accordance with the procedures referred to in Article 10(2).

2.  Up to 1% of the budget of the Integrated Programme may be used to support the participation in partnership, project and network actions organised under the Integrated Programme of partners from third countries which do not participate in the Integrated Programme under the provisions of Article 7.

3.  The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.

Article 16

Monitoring and evaluation

1.  The Commission shall regularly monitor the Integrated Programme in cooperation with the Member States. This monitoring shall include the reports referred to in paragraph 4 and specific activities.

2.  The Commission shall arrange for regular independent external evaluations of the Integrated Programme.

3.  Member States shall submit to the Commission by 30 June 2010 and 30 June 2015, respectively, reports on the implementation and the impact of the Integrated Programme.

4.  The Commission shall submit to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions:

TITLE II

THE SPECIFIC PROGRAMMES

Chapter I

The Comenius programme

Article 17

Access to the Comenius programme

Article 18

Operational objectives

Article 19

Actions

1.  The following actions may be supported by the Comenius programme:

2.  The operational details of the actions referred to in paragraph 1 shall be decided in accordance with the procedure referred to in Article 10(2).

Article 20

Budget

Not less than 85% of the budget available for the Comenius programme shall be devoted to support for mobility as referred to in Article 19(1)(a) and for Comenius partnerships as set out in Article 19(1)(b).

Article 21

Implementing measures

1.  The measures necessary for the implementation of the Comenius programme relating to the following matters shall be adopted by the Commission in accordance with the management procedure referred to in Article 10(2):

2.  The measures necessary for the implementation of the Comenius programme relating to all matters other than those specified in paragraph 1 shall be adopted in accordance with the advisory procedure referred to in Article 10(3).

Chapter II

The Erasmus programme

Article 22

Access to the Erasmus programme

Article 23

Operational objectives

Article 24

Actions

1.  The following actions may be supported by the Erasmus programme:

2.  Individuals participating in mobility under paragraph 1(a)(i) ("Erasmus students") shall be:

3.  The operational details of the actions set out in paragraph 1 shall be decided following the procedure referred to in Article 10(2).

Article 25

Budget

Not less than 85% of the budget available for the Erasmus programme shall be devoted to support for mobility as referred to in Article 24(1)(a).

Article 26

Implementing measures

1.  The measures necessary for the implementation of the Erasmus programme relating to the following matters shall be adopted by the Commission in accordance with the management procedure referred to in Article 10(2):

2.  The measures necessary for the implementation of the Erasmus programme relating to all matters other than those specified in paragraph 1 of this Article shall be adopted in accordance with the advisory procedure referred to in Article 10(3).

Chapter III

The Leonardo da Vinci programme

Article 27

Access to the Leonardo da Vinci programme

Article 28

Operational objectives

Article 29

Actions

1.  The following actions may be supported by the Leonardo da Vinci programme:

2.  The operational details of such actions shall be decided following the procedure referred to in Article 10(2).

Article 30

Budget

Not less than 75% of the budget available for the Leonardo da Vinci programme shall be devoted to support for mobility and partnerships as referred to in Article 29(1)(a) and (b).

Article 31

Implementing measures

1.  The measures necessary for the implementation of the Leonardo da Vinci programme relating to the following matters shall be adopted by the Commission in accordance with the management procedure referred to in Article 10(2).

2.  The measures necessary for the implementation of the Leonardo da Vinci programme relating to all matters other than those specified in paragraph 1 of this Article shall be adopted in accordance with the advisory procedure referred to in Article 10(3).

Chapter IV

The Grundtvig programme

Article 32

Access to the Grundtvig programme

Article 33

Operational objectives

Article 34

Actions

1.  The following actions may be supported by the Grundtvig programme:

2.  The operational details of such actions shall be decided following the procedure referred to in Article 10(2).

Article 35

Budget

Not less than 60% of the budget available for the Grundtvig programme shall be devoted to support for mobility and partnerships as referred to in Article 34(1)(a) and (b).

Article 36

Implementing measures

1.  The measures necessary for the implementation of the Grundtvig programme relating to the following matters shall be adopted by the Commission in accordance with the management procedure referred to in Article 10(2).

2.  The measures necessary for the implementation of the Grundtvig programme relating to all matters other than those specified in paragraph 1 shall be adopted in accordance with the advisory procedure referred to in Article 10(3).

Chapter V

The Transversal programme

Article 37

Operational objectives

Article 38

Actions

1.  The following actions may be supported under the key activity referred to in Article 2(2)(a):

2.  The following strategic actions, designed to address teaching and learning needs at more than one life-stage, may be supported under the key activity referred to in Article 2(2)(b):

3.  The following actions may be supported under the key activity referred to in Article 2(2)(c):

4.  The following actions may be supported under the key activity referred to in Article 2(2)(d):

Article 39

Implementing measures

1.  The measures necessary for the implementation of the transversal programme relating to the following matters shall be adopted by the Commission in accordance with the management procedure referred to in Article 10(2):

2.  The measures necessary for the implementation of the transversal programme relating to all matters other than those specified in paragraph 1 shall be adopted in accordance with the advisory procedure referred to in Article 10(3).

Chapter VI

The Jean Monnet programme

Article 40

Access to the Jean Monnet programme

Article 41

Operational objectives

Article 42

Actions

1.  The following actions may be supported under the key activity referred to in Article 2(3)(a):

2.  Operating grants as referred to in Article 5(1)(g) to support certain operational and administrative costs of the following institutions pursuing an aim of European interest may be awarded under the key activity referred to in Article 2(3)(b):

3.  Under the key activity referred to in Article 2(3)(c), operating grants as referred to in Article 5(1)(g) may be awarded to support certain operational and administrative costs of European institutions or associations active in the fields of education and training. Institutions eligible for such operating grants shall be selected on the basis of an invitation to submit proposals.

4.  Grants may be awarded on an annual basis or on a renewable basis within a framework partnership agreement with the Commission.

Article 43

Budget

Not less than 25% of the budget available for the Jean Monnet programme shall be devoted to support for the key activity referred to in Article 2(3)(a), not less than 48% to the key activity referred to in Article 2(3)(b), and not less than 17% to the key activity referred to in Article 2(3)(c).

Article 44

Implementing measures

1.  The measures necessary for the implementation of the Jean Monnet programme relating to the following matters shall be adopted by the Commission in accordance with the management procedure referred to in Article 10(2):

2.  The measures necessary for the implementation of the Jean Monnet programme relating to all matters other than those specified in paragraph 1 shall be adopted in accordance with the advisory procedure referred to in Article 10(3).

TITLE III

TRANSITIONAL AND FINAL PROVISIONS

Article 45

Transitional provision

Actions which are initiated on or before 31 December 2006 on the basis of Decision 1999/382/EC, of Decision No 253/2000/EC, of Decision No 2318/2003/EC, of Decision No 791/2004/EC or of Decision No 2241/2004/EC, shall be administered in conformity with those Decisions, except that the committees established by those Decisions shall be replaced by the committee established by Article 10 of this Decision.

Article 46

Entry into force

This Decision shall enter into force on the twentieth day following the date of its publication in the Official Journal of the European Union.

Done at

For the European Parliament For the Council

The President The President

ANNEX

Administrative and Financial provisions

A.  Administrative Provisions

Procedures for the proposal and selection of the activities contained in the Integrated Programme are as follows:

1.  National agency procedure

1.1  Procedure 1

Requests for financial assistance under these actions shall be submitted to the appropriate national agencies designated by the Member States in accordance with Article 6(2)(b). The national agencies shall carry out the selection and allocate financial assistance to the applicants selected in accordance with the general guidelines to be established under Articles 9, 21, 26, 31, 36 and 39. The national agencies shall distribute grants to beneficiaries located in their respective Member States. Each partner in a bilateral or multilateral partnership shall receive funding directly from its respective national agency.

1.2  Procedure 2

Requests for financial assistance under this action shall be submitted to the national agency designated by the Member State of the coordinator of the project in accordance with Article 6(2)(b). The national agency of the Member State of the coordinator of the project shall carry out the evaluation of applications and submit to the Commission a shortlist of applications which it proposes to accept. The Commission shall decide upon the shortlist proposed, following which the National Agency shall allocate the appropriate financial assistance to the applicants selected in accordance with the general guidelines to be established under Article 31. Before submitting the shortlist to the Commission, the national agency of the country in which the project is coordinated shall liaise with those in the countries of all the other project partners. The national agencies shall distribute grants to selected project coordinators located in their respective Member States, which shall be responsible for distributing the funds to the partners involved in the projects.

2.  Commission procedure

Requests for financial assistance under these actions shall be submitted to the Commission, which shall carry out the selection and allocate financial assistance to the applicants selected in accordance with the general guidelines to be established under Articles 9, 21, 26, 31, 36, 39 and 44.

B.  Financial Provisions

The Commission shall ensure that the financial and administrative requirements placed on beneficiaries of grants awarded under the Integrated Programme are proportionate to the level of the grant. In particular, the Commission shall ensure that the financial rules and the application and reporting requirements for individual mobility and for partnerships remain user-friendly and sufficiently simple not to restrict access for less advantaged individuals and the institutions or organisations that work with them.

They shall also enable national agencies to allow co-financing provided by beneficiaries to take the form of contributions in kind. These shall be verifiable as to fact, but need not be subject to financial evaluation.

1.  Actions managed through the National agency procedure

1.1  The Community funds intended to provide financial support under the actions to be managed through the National agency procedure in accordance with Section A Point 1 of this Annex are to be allocated among the Member States in accordance with formulae determined by the Commission in accordance with Article 10(2), which may include elements such as the following:

1.2  The Community funds thus distributed shall be administered by the national agencies provided for in Article 6(2)(b).

1.3  The Commission, acting in cooperation with the Member States, shall take the necessary measures to encourage balanced participation at Community, national and, where appropriate, regional level and, where appropriate, across the various fields of study. The proportion allocated to these measures shall not exceed 5% of the annual budget for financing each of the actions in question.

2.  Designation of beneficiaries

The institutions listed in Article 42(2) of this Decision are hereby designated beneficiaries of grants under the Integrated Programme, in accordance with Article 168 of Regulation (EC, Euratom) No 2342/2002.

The constituent national units of the NARIC network, the Eurydice network, the Euroguidance network, the National Reference Points for Vocational Qualifications and the Europass National Centres act as instruments to implement the programme at national level, in conformity with the provisions of Article 54(2)(c) of Regulation (EC, Euratom) No 1605/2002 and of Article 38 of Regulation (EC, Euratom) No 2342/2002.

3.  Types of beneficiary

In accordance with Article 114(1) of Regulation (EC, Euratom) No 1605/2002, grants may be awarded to natural persons. These may take the form of scholarships.

4.  Flat-rate grants, scales of unit costs and prizes

Flat-rate grants and/or scales of unit costs, as provided for in Article 181(1) of Regulation (EC, Euratom) No 2342/2002 may be used in the case of the actions referred to in Article 5.

Flat rate grants may be used up to a maximum of EUR 25 000 per grant. They may be combined up to a maximum of EUR 100 000 or used in conjunction with scales of unit costs.

The Commission may provide for the award of prizes in relation to activities undertaken in the framework of the Integrated Programme.

5.  Public learning providers

All schools and higher education institutions specified by Member States, and all learning providers who have received more than 50% of their annual revenues from public sources over the previous two years, or who are controlled by public bodies or their representatives, shall be treated by the Commission as having the necessary financial, professional and administrative capacity, together with the necessary financial stability, to carry out projects under this programme; they shall not be required to produce further documentation to demonstrate this.

6.  Bodies pursuing an objective of general European interest

Where operating grants are awarded under this programme to bodies pursuing an objective of general European interest as defined in Article 162 of Regulation (EC, Euratom) No 2342/2002, these shall, in accordance with Article 113(2) of Regulation (EC, Euratom) No 1605/2002, not be subject on renewal to the principle of gradual decrease.

7.  Applicants" professional competencies and qualifications

The Commission may decide in accordance with Article 176(2) of Regulation (EC, Euratom) No 2342/2002 that specified categories of beneficiaries have the professional competencies and qualifications required to complete the proposed action or work plan.

8.  Participation of partners from third countries

Partners from third countries may participate in multilateral projects, networks or partnerships under the terms of Article 15(2) at the discretion of the Commission or the national agency concerned. The decision whether to support such partners shall be based on the degree of added value at European level likely to result from their participation in the project, network or partnership in question.

9.  Minimum allocations

Subject to Article 15, the minimum allocations to sectoral programmes shall be, in relation to the financial framework set out in that Article:

Comenius 12%

Erasmus 41%

Leonardo da Vinci 23%

Grundtvig 3%

10.  National Agencies

Community financial assistance shall be provided to support the activities of the national agencies established or designated by the Member States in accordance with Article 6(2)(b). Such assistance may be provided in the form of operating grants and shall not exceed 50% of the total eligible costs of the approved work programme of the national agency.

In accordance with Article 38(1) of Regulation (EC, Euratom) No 2342/2002, the function of National Agency may, in third countries participating in the Integrated Programme by virtue of Article 7(1) , be discharged by public-sector bodies or private-law bodies with a public-service mission governed by the law of the country concerned.

In accordance with the principle of proportionality, certification and reporting requirements will be kept to the appropriate minimum necessary level.

11.  Technical assistance

The budgetary envelope of the Integrated Programme may also cover expenditure related to preparatory actions, monitoring, control, audit and evaluation directly necessary for the implementation of the programme and for the achievement of its objectives. These may in particular include studies, meetings, information activities, publications, expenditure on computer networks for the exchange of information and any other expenditure on technical and administrative assistance to which the Commission may need to have recourse for the implementation of the programme.

12.  Anti-fraud provisions

Commission decisions taken under Articles 9, 21, 26, 31, 36, 39 and 44, the contracts and agreements resulting from them, as well as agreements with participating third countries, shall provide in particular for supervision and financial control by the Commission (or any representative authorized by it), including by the European Anti-Fraud Office (OLAF), and for audits by the Court of Auditors, if necessary on-the-spot. Such controls may be carried out with national agencies, as well, where necessary, as with recipients of grants.

The beneficiary of an operating grant shall keep available for the Commission all the supporting documents, including the audited financial statement, regarding expenditure incurred during the grant year, for a period of five years following the last payment. The beneficiary of a grant shall ensure that, where applicable, supporting documents in the possession of partners or members be made available to the Commission.

The Commission may have an audit of the use made of the grant carried out either directly by its own staff or by any other qualified outside body of its choice. Such audits may be carried out throughout the lifetime of the agreement and for a period of five years from the date of payment of the balance. Where appropriate, the audit findings may lead to recovery decisions by the Commission.

Commission staff and outside personnel authorised by the Commission shall have appropriate right of access, in particular to the beneficiary's offices and to all the information, including information in electronic format, needed in order to conduct such audits.

The Court of Auditors and OLAF shall enjoy the same rights, especially of access, as the Commission.

In addition, the Commission may carry out on-the-spot checks and inspections under this programme in accordance with Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities(20).

For the Community actions financed under this decision, the notion of irregularity referred to in Article 1(2) of Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests(21) shall mean any infringement of a provision of Community law or any breach of a contractual obligation resulting from an act or omission by a legal entity, which has, or would have, the effect of prejudicing the general budget of the Communities or budgets managed by them, by an unjustified item of expenditure.

(1) OJ C 221, 8.9.2005, p. 134. (2) OJ C 164, 5.7.2005, p. 59. (3) Position of the European Parliament of 25 October 2005. (4) OJ L 146, 11.6.1999, p. 33. Decision as last amended by Regulation (EC) No. 885/2004 (OJ L 168, 1.5.2004, p. 1). (5) OJ L 28, 3.2.2000, p. 1. Decision as last amended by Regulation (EC) No. 885/2004. (6) OJ L 345, 31.12.2003, p. 9. (7) OJ L 138, 30.4.2004, p. 31. (8) OJ L 390, 31.12.2004, p. 6. (9) OJ L 345, 31.12.2003, p. 1. (10) OJ C 163, 9.7.2002, p. 1. (11) OJ C 272 E, 13.11.2003, p. 449. (12) OJ C 13, 18.1.2003, p. 2. (13) OJ C 293 E, 28.11.2002, p. 103. (14) OJ L 248, 16.9.2002, p. 1. (15) OJ L 357, 31.12.2002, p. 1. Regulation as last amended by Regulation (EC, Euratom) No 1261/2005 (OJ L 201, 2.8.2005, p. 3). (16) OJ C 172, 18.6.1999, p. 1. (17) OJ L 184, 17.7.1999, p. 23. (18) OJ L 39, 13.2.1975, p. 1. Regulation as last amended by Regulation (EC) No 2051/2004 (OJ L 355, 1.12.2004, p. 1). (19) OJ L 131, 23.5.1990, p. 1. Regulation as last amended by Regulation (EC) No 1648/2003 (OJ L 245, 29.9.2003, p. 22). (20) OJ L 292, 15.11.1996, p. 2. (21) OJ L 312, 23.12.1995, p. 1.