Council Decision of 26 April 1999 establishing the second phase of the Community vocational training action programme ‘Leonardo da Vinci’ (1999/382/EC)

Article 1 U.K. Establishment of the programme

1. This Decision establishes the second phase of the action programme for the implementation of a Community vocational training policy ‘Leonardo da Vinci’, hereinafter referred to as ‘this programme’.

2. This programme shall be implemented over the period starting on 1 January 2000 and ending on 31 December 2006.

3. This programme shall contribute to the promotion of a Europe of knowledge by developing a European area of cooperation in the field of education and vocational training. It shall support Member States' policies on life-long learning and the building up of the knowledge and skills and competences likely to foster active citizenship and employability.

4. This programme shall support and supplement action taken by, and in, the Member States while fully respecting their responsibility for the content and organisation of vocational training, and of their cultural and linguistic diversity.

Article 2 U.K. Objectives of the programme

1. Within the framework of the objectives set out in Article 127 of the Treaty, this programme aims at developing the quality, innovation and European dimension in vocational training systems and practices, through transnational cooperation. The objectives of the programme shall be to:

(a) improve the skills and competences of people, especially young people, in initial vocational training at all levels; this may be achieved inter alia through work-linked vocational training and apprenticeship with a view to promoting employability and facilitating vocational integration and reintegration;

(b) improve the quality of, and access to, continuing vocational training and the life-long acquisition of skills and competences with a view to increasing and developing adaptability, particularly in order to consolidate technological and organisational change;

innovative counselling and guidance approaches are of particular importance for the fulfilment of the objectives set out in (a) and (b) and shall be given support;

(c) promote and reinforce the contribution of vocational training to the process of innovation, with a view to improving competitiveness and entrepreneurship, also in view of new employment possibilities; special attention shall be paid in this respect to fostering cooperation between vocational training institutions, including universities, and undertakings, particularly SMEs.

2. In implementing the objectives set out in paragraph 1, particular attention shall be paid to people at a disadvantage in the labour market, including disabled people, to practices facilitating their access to training, to the promotion of equality, to equal opportunities for women and men and to the fight against discrimination.

Article 3 U.K. Community measures

1. The objectives of this programme shall be pursued by means of the following measures, the operational content and application procedures thereof which are described in the Annexes and which may be combined:

(a) support for the transnational mobility of people undergoing vocational training, especially young people, and for those responsible for training (‘Mobility’);

(b) support for pilot projects based on transnational partnerships designed to develop innovation and quality in vocational training (‘pilot projects’);

(c) promotion of language competences, including for less widely used and taught languages, and understanding of different cultures in the context of vocational training (‘language competences’);

(d) support for the development of transnational cooperation networks facilitating the exchange of experience and good practice (‘transnational networks’);

(e) the development and updating of reference material through support for surveys and analyses, the establishement and updating of comparable data, the observation and dissemination of good practices and the comprehensive exchange of information (‘reference material’).

2. In carrying out the measures referred to in paragraph 1, specific support for transnational actions shall be available for the promotion and use of information and communication technologies (ICT) in vocational training.

Article 4 U.K. Access to the programme

Under the conditions and arrangements for implementation specified in the Annexes, access to this programme shall be open to all public and/or private bodies and institutions involved in vocational training and, in particular:

(a)

vocational training establishments, centres and bodies at all levels, including universities;

(b)

research centres and bodies;

(c)

undertakings, particularly SMEs and the craft industry, or public or private sector establishments, including those involved in vocational training;

(d)

trade organisations, including chambers of commerce, etc.;

(e)

social partners;

(f)

local and regional bodies and organisations;

(g)

non profit making organisations, voluntary bodies and NGOs.

Article 5 U.K. Implementation of the programme and cooperation with the Member States

1. The Commission shall ensure the implementation of the Community actions covered by this programme.

2. Member States shall:

• take the necessary steps to secure, by means of appropriate structures, the coordination, an integrated management and the follow-up for the attainment of the objectives of this programme, involving all the parties concerned by vocational training, in accordance with national practice,

• ensure that relevant information and publicity is provided in respect of the actions of this programme,

• take the necessary steps to ensure the efficient running of this programme,

• endeavour, as far as possible, to adopt such measures as they deem necessary and desirable to remove obstacles to access to this programme.

3. In cooperation with Member States, the Commission shall:

• take the steps described in the Annexes to build upon the achievements of the first phase of this programme and the Community initiatives in the area of vocational training,

• ensure the smooth transition between those actions developed in the framework of the first phase of this programme and those to be implemented under the second phase.

Article 6 U.K. Joint actions

As part of the process of building up a Europe of knowledge, the measures contained in this programme may be implemented, in conformity with the procedure laid down in Article 7, as joint actions with related Community programmes and actions, particularly those in the fields of education and youth.

Article 7 U.K. Committee

[F1 1. The Commission shall be assisted by a committee.]

2. The Committee shall deliver opinions on the following points:

(a) the general guidelines for the implementation of this programme and the financial support to be supplied by the Community;

(b) the annual plan of work for the implementation of this programme's actions, including priorities, the themes for the thematic actions and the joint actions and the Commission proposals for project selection, including those under the joint actions;

(c) the annual budgets and distribution of funding between measures, as well as joint actions, accompanying measures and projects of European organisations;

(d) the criteria applicable for establishing the indicative breakdown of funds among the Member States for the purpose of the actions to be managed according to selection procedure A (Annex I, Section III);

(e) the arrangements for monitoring and evaluating the programme and for the dissemination and transfer of results.

[F1 3. As regards the points referred to in paragraph 2, 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.]

4. (a) The Commission shall adopt measures which apply immediately.

(b) However, if these measures are not in accordance with the opinion of the Committee, they shall be communicated by the Commission to the Council forthwith. In that event,

• (b) the Commission shall defer application of the measures which it has decided for a period of up to two months from the date of the communication,

• the Council, acting by a qualified majority, may take a different decision within the time limit referred to in the preceding indent.

[F1 5. The representative of the Commission shall consult the Committee on all other appropriate matters concerning implementation of this programme. In such a case, Articles 3 and 7 of Decision 1999/468/EC (1) shall apply, having regard to the provisions of Article 8 thereof.

6. The Committee shall adopt its rules of procedure.]

7. The Commission, in cooperation with the Committee, shall establish regular and structured cooperation with the Committees established for the implementation of the European Community educational and youth programmes.

8. To ensure the consistency of this programme with other measures referred to in Article 9, the Commission shall keep the Committee regularly informed about Community initiatives taken in the fields of education, vocational training and youth, including cooperation with third countries and international organisations.

Textual Amendments

F1 Substituted by Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29 September 2003 adapting to Council Decision 1999/468/EC the provisions relating to committees which assist the Commission in the exercise of its implementing powers laid down in instruments subject to the procedure referred to in Article 251 of the EC Treaty.

Article 8 U.K. Social partners

Without prejudice to the procedures described in Article 7(3), (4) and (5), the Commission may consult the Committee on any matter concerning the application of this Decision.

Whenever such consultation takes place, a number, equal to that of the representatives of the Member States, of representatives of the social partners, appointed by the Commission on the basis of proposals from the social partners at Community level, shall participate in the work of the Committee as observers.

They shall have the right to request that their position be recorded in the minutes of Committee meetings.

Article 9 U.K. Consistency and complementarity

1. The Commission shall, in cooperation with the Member States, ensure the overall consistency and complementarity with other relevant Community policies, instruments and actions, in particular the European Social Fund, in particular those contributing to a Europe of knowledge, in particular in the fields of education, vocational training, youth, research and technological development, and innovation.

2. In implementing the measures of this 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.

3. In partnership with Community social partners, the Commission shall endeavour to develop the coordination between this programme and the social dialogue at Community level, including at sectoral levels.

4. The Commission shall secure the assistance of the European Centre for the Development of Vocational Training (Cedefop) in implementing this programme, in accordance with the arrangements set out in Regulation (EEC) No 337/75(2) establishing the Cedefop. Subject to the same conditions and in the areas which lend themselves to it, coordination shall be established under the auspices of the Commission with the European Training Foundation as specified by Regulation (EEC) No 1360/90(3).

5. The Commission shall keep the Advisory Committee on Vocational Training regularly informed of the progress of this programme.

Article 10 U.K. [F2 Participation of the EFTA/EEA countries, the associated central and eastern European countries (CEEC) and Turkey]

This programme shall be open to the participation of:

• the EFTA/EEA countries in accordance with the conditions established in the EEA agreement,

• the associated central and eastern European countries (CEEC) in accordance with the conditions established in the Europe agreements, in their additional protocols and in the decisions of the respective Association Councils,

• [F3 . . . . .]

• [F2 Turkey, funded by additional appropriations, in accordance with the provisions of the Treaty.]

Textual Amendments

F2 Substituted by Council Regulation (EC) No 885/2004 of 26 April 2004 adapting Regulation (EC) No 2003/2003 of the European Parliament and of the Council, Council Regulations (EC) No 1334/2000, (EC) No 2157/2001, (EC) No 152/2002, (EC) No 1499/2002, (EC) No 1500/2003 and (EC) No 1798/2003, Decisions No 1719/1999/EC, No 1720/1999/EC, No 253/2000/EC, No 508/2000/EC, No 1031/2000/EC, No 163/2001/EC, No 2235/2002/EC and No 291/2003/EC of the European Parliament and of the Council, and Council Decisions 1999/382/EC, 2000/821/EC, 2003/17/EC and 2003/893/EC in the fields of free movement of goods, company law, agriculture, taxation, education and training, culture and audiovisual policy and external relations, by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia.

F3 Deleted by Council Regulation (EC) No 885/2004 of 26 April 2004 adapting Regulation (EC) No 2003/2003 of the European Parliament and of the Council, Council Regulations (EC) No 1334/2000, (EC) No 2157/2001, (EC) No 152/2002, (EC) No 1499/2002, (EC) No 1500/2003 and (EC) No 1798/2003, Decisions No 1719/1999/EC, No 1720/1999/EC, No 253/2000/EC, No 508/2000/EC, No 1031/2000/EC, No 163/2001/EC, No 2235/2002/EC and No 291/2003/EC of the European Parliament and of the Council, and Council Decisions 1999/382/EC, 2000/821/EC, 2003/17/EC and 2003/893/EC in the fields of free movement of goods, company law, agriculture, taxation, education and training, culture and audiovisual policy and external relations, by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia.

Article 11 U.K. International cooperation

Under this programme, and in accordance with the procedure laid down in Article 7(2), (3) and (4), the Commission shall strengthen its cooperation with third countries and with the competent international organisations.

Article 12 U.K. Funding

1. The financial reference amount for the implementation of this programme for the period 2000 to 2006 shall be EUR 1 150 million.

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

Article 13 U.K. Monitoring and evaluation

1. The Commission shall regularly monitor this 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 regularly evaluate the implementation of this programme in cooperation with the Member States, in accordance with the procedure laid down in Article 7(2), (3) and (4) and on the basis of criteria devised in cooperation with the Member States. The main objective shall be the evaluation of the effectiveness and the impact of actions implemented in comparison with the objectives aimed at in Article 2. The evaluation shall also look at the dissemination of the results of actions under this programme, of good practiced and the impact of this programme as a whole in terms of its objectives.

This evaluation shall also examine the complementarity between actions under this programme and those pursued under other relevant Community policies, instruments and actions.

In accordance with criteria established using the procedure described in Article 7(2), (3) and (4), there shall be regular independent external evaluations of the results of the Community actions.

3. The findings of the monitoring and evaluation should be taken into account when implementing this programme.

4. Member States shall submit to the Commission by 31 December 2003 and 30 June 2007 respectively reports on the implementation and effectiveness of this programme and its impact on the vocational training systems and arrangements which exist in the Member States. The reports shall also take into account the promotion of equality, and of equal opportunities, between women and men.

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

• a first interim report on the initial operational implementation of this programme by 30 June 2002,

• a second interim report on the implementation of this programme by 30 June 2004,

• a communication on the continuation of this programme by 31 December 2004; where appropriate, that communication shall contain a suitable proposal,

• a final report on the implementation of this programme by 31 December 2007.

Article 14 U.K. Entry into force

This Decision shall enter into force on the date of its publication in the Official Journal of the European Communities.