Explanatory Memorandum to COM(2010)478 - Proposal for a COUNCIL RECOMMENDATION Youth on the move - promoting the learning mobility of young people

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1. CONTEXT OF THE PROPOSAL

The proposed Recommendation is part of Youth on the Move, which is a flagship EU initiative to support the Europe 2020 Strategy. Youth on the Move aims to " enhance the performance and international attractiveness of Europe's higher education institutions and raise the overall quality of all levels of education and training in the EU, combining both excellence and equity, by promoting student mobility and trainees' mobility, and improve the employment situation of young people" i .

One of the key action lines in the Youth on the Move initiative is to support the development of transnational learning mobility for young people. Learning mobility is an important way in which young people can strengthen their future employability and acquire new professional competences, while enhancing their development as active citizens. It helps them to access new knowledge and develop new linguistic and intercultural competences. Europeans who are mobile as young learners are more likely to be mobile as workers later in life. Employers recognise and value these benefits. Learning mobility has also played an important role in making education and training systems and institutions more open, more European and international, more accessible and more efficient i.

The EU has a long and successful track record of supporting learning mobility through various programmes and initiatives, of which the best known is the Erasmus Programme i. The Structural Funds also support learning mobility. Youth on the Move will support the aspiration that, by 2020, all young people in Europe should have the possibility to spend a part of their educational pathway abroad, including workplace-based training i.

The Commission’s Green paper on Learning Mobility (July 2009) i launched a public consultation on how best to tackle obstacles to mobility and open up more opportunities for learning abroad. This led to over 3,000 responses, including from national and regional Governments and other stakeholders i. These show a widespread wish to boost learning mobility in all parts of the education system (higher education, schools, vocational education and training (VET)), but also in non-formal and informal learning settings, such as volunteering. At the same time, the responses confirm that many obstacles to mobility remain. This is why, in conjunction with the adoption of the Youth on the Move Communication i, the Commission is proposing a Council Recommendation on Learning Mobility as a basis for a new concerted campaign among Member States to finally remove obstacles to mobility. Monitoring of progress will be reflected in a Mobility Scoreboard , which will provide a comparative picture of how Member States are progressing in dismantling these barriers.

The present Recommendation is a follow-up to the Recommendation of the European Parliament and of the Council No 2001/613/EC of 10 July 2001 on mobility within the Community for students, persons undergoing training, volunteers, teachers and trainers i. The Recommendation invited Member States to take appropriate steps to remove obstacles to the mobility of these groups. As a result, various instruments have been developed and political initiatives have been taken since 2001:

- In December 2004, the European Parliament and the Council adopted a decision on a single Community framework for the transparency of qualifications and competences i - the Europass. It can be used by individuals on a voluntary basis to better communicate and present their qualifications and competences throughout Europe.

- Learning mobility can also contribute to the smooth functioning of the Internal Market by providing young Europeans with better foreign language and intercultural skills for their professional life. This in turn could facilitate the recognition of professional qualifications between the Member States under Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 i.

- A European Quality Charter for Mobility was proposed in the Recommendation of the European Parliament and of the Council No 2006/961/EC of 18 December 2006 on transnational mobility within the Community for education and training purposes i.

- The European Qualifications Framework for lifelong learning i, introduced by a Recommendation of the European Parliament and of the Council on 23 April 2008, is beginning to act as a translation device to make national qualifications more readable across Europe.

- The Commission's Green Paper on Migration and mobility: challenges and opportunities for EU education systems of July 2008 i dealt with the question of how education policies may better address the challenges posed by immigration and internal EU mobility flows.

- The Council Resolution of 21 November 2008 on better integrating lifelong guidance into lifelong learning strategies i took note of the potential for mobility in education and training, as well as in the labour market, and invited Member States, inter alia , to ensure access to guidance services for all citizens.

- The Council Recommendation on the mobility of young volunteers across the EU of November 2008 i recognised that cross-border mobility in Europe can be an important tool to promote education, employment and regional and social cohesion, and to help improve mutual understanding and active participation in society. It recommended that more young people be given the opportunity to volunteer in another country of the EU.

- The Bordeaux Communiqué on enhanced European Cooperation in Vocational Training (Copenhagen Process) of December 2008 i, as well as the related Council Conclusions i, underlined that workers', learners’ and teachers’ mobility, from one training system to another and from one country to another should be promoted in VET systems.

- The Communiqué of the Conference of European Ministers responsible for higher education within the European Higher Education Area (Bologna Process) of April 2009 i set the target that, by 2020, at least 20 percent of those graduating in the European Higher Education Area should have had a study or training period abroad.

- The Council Conclusions on the strategic framework for European cooperation in education and training ("ET 2020") of 12 May 2009 i, set out a strategic objective that learning abroad should become 'the rule rather than the exception'. It invited the Commission to conduct work on proposals for possible benchmarks, including in the area of mobility, focusing initially on the field of higher education, as well as studying the possibility of establishing benchmarks in vocational education and teacher mobility.

- Promoting mobility was also among the key priorities put forward by the Commission Communication on employment of June 2009 EU Shared Commitment for Employment i.

- The Council Conclusions of November 2009 on the professional development of teachers and school leaders i, invited Member States to promote actively the opportunities offered by exchange and mobility schemes at both national and international level.

- The importance of recognising voluntary activities was also stressed by Council Decision 2010/37/EC of 27 November 2009 on the European Year of Voluntary Activities Promoting Active Citizenship (2011) i.

- Young researchers' mobility must also be encouraged in order to ensure the EU does not lag behind its competitors in research and innovation. The Commission Communication of 23 May 2008 on 'Better careers and more mobility: a European partnership for researchers' i proposed a set of actions to ensure that researchers across the EU benefit from the right training, attractive careers and removal of barriers to their mobility, while the Council Conclusions of 2 March 2010 on "European Researchers' mobility and careers" i identified concrete considerations on how to improve researcher mobility and identified several areas for action.

As a result of these activities, much has been achieved but much more needs to be done. The Youth on the Move strategy announces key new actions related to mobility for young people in all learning contexts at EU and national levels, while reinforcing existing activities, ensuring the implementation of others and respecting the subsidiarity principle . It is, however, clear that EU programmes cannot on their own meet the high ambitions which lie behind the initiative. For that reason, EU programme support should be complemented by a mobilisation of the efforts of Member States and other actors in support of learning mobility. An important element will involve work in identifying and eliminating barriers to mobility .

This Council Recommendation provides specific guidance with regard to administrative, institutional and legal obstacles to the learning mobility of young people. It complements the wider Europe 2020 Integrated Guidelines, in particular the Employment Guidelines.

1.

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS



The European Union has a long and highly-regarded record in promoting and supporting learning mobility - a domain of direct and tangible benefit to the European citizen. Initiatives such as the Erasmus programme have made it possible for more than two million people to study in another country and to have those studies formally recognised. Practical tools, including the European Credit Transfer and Accumulation System (ECTS), have been put in place to facilitate this.

However, for too many of Europe's young people, learning mobility is still not a realistic opportunity. Still relatively few young people reap the benefits of a learning experience abroad and some groups, such as young people from disadvantaged backgrounds are particularly under-represented. Linguistic, cultural, financial, legal and administrative obstacles persist, in particular outside the structured EU mobility programmes. Whilst additional resources at both national and European levels (via existing programmes) can boost mobility, more money will not be sufficient alone to realise the vision of mobility as a realistic opportunity for all. Member States must do more to remove obstacles which persist at national and regional levels.

A 2001 Council Recommendation on mobility within the Community for students, persons undergoing training, volunteers, teachers and trainers exists, but has fallen into disuse and is now out of date. There is a pressing need to update, refocus and revitalise this Recommendation to promote learning mobility as an opportunity for all young people in Europe.

As a first step, the European Commission published in July 2009 a Green Paper on Promoting the learning mobility of young people i . The aim of the Green Paper was to launch a broad public consultation to identify the most important obstacles to mobility and ways to overcome them. A clear consensus in Europe has emerged at the political level on the objective of expanding mobility opportunities to young people. The purpose of the Green Paper was to open up the debate to stakeholders and the wider public on how to achieve these ambitions.

The Green Paper highlighted the benefits of mobility in supporting acquisition of new knowledge and skills. It also underlined its contribution to opening up education and training institutions to a wider world and different audiences of learners and, consequently, contributing to enhancing the quality of education and training. Other benefits noted were those of combating isolation, protectionism and xenophobia.

The public consultation closed on 15 December 2009 and met with a high response. In total 2798 on-line responses, mainly from young people, and 258 written responses, were received from a wide range of stakeholders, including Member States authorities, the Committee of the Regions, the European Economic and Social Committee, regional and local authorities, European and national associations, social partners, academics and individuals.

In addition to the above-mentioned consultation, an impact assessment has been carried out which considered three options. The need to expand and promote learning mobility by removing obstacles is common to all three options (for example, through revision of national legislation to allow for portability of grants and loans, improved recognition and validation processes for studies undertaken outside the home country, better guidance services for students and volunteers considering a period abroad), but the framework for how this should be taken forward varies:

Option 1: No EU Action/Status Quo;

Option 2: A Council Recommendation: Youth on the Move: Promoting the learning mobility for young people;

Option 3: A new Open Method of Co-ordination for the learning mobility of young people.

The impact assessment reached the conclusion that Option 2 (A Council Recommendation: Youth on the Move: Promoting the learning mobility for young people) represents the best combination of expected impact, balanced with cost and administrative burden.

2.

LEGAL ELEMENTS OF THE PROPOSAL



The proposal fully respects the principles of subsidiarity and contains no binding legal elements, but recommendations to Member States on how to remove obstacles to mobility and increase opportunities for learning mobility for all young people. It is left to Member States to decide how best to achieve this.

3.

BUDGETARY IMPLICATION



Costs associated with the implementation of the Recommendation by Member States will include, for example, adaptation of legislation to make grants and loans more portable and the provision of more information on mobility opportunities via careers and study guidance/counselling offices. The administrative burden of the monitoring progress is expected to be broadly neutral, as it will be carried out in the framework of the wider Europe 2020 Strategy and the National Reform Programmes, the existing arrangements for the Strategic Framework for European cooperation in Education and Training (ET2020) and the EU Youth Strategy.

4.

Proposal for a


COUNCIL RECOMMENDATION

Youth on the move – promoting the learning mobility of young people

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 165 and 166 thereof,

Whereas:

The Commission Communication of 3 March 2010 for Europe 2020 – A European strategy for smart, sustainable and inclusive growth i sets out as one of its priorities to develop an economy based on knowledge and innovation ("smart growth") and highlights a flagship initiative ("Youth on the Move") to enhance the performance and international attractiveness of Europe's higher education institutions and raise the overall quality of all levels of education and training in the EU, combining both excellence and equity, by promoting the mobility of young people and improve their employment situation. This Recommendation forms part of the 'Youth on the Move' initiative.

Learning mobility, i.e. transnational mobility for the purpose of acquiring new skills, is one of the fundamental ways in which young people can strengthen their future employability, as well as their personal development and active citizenship. Europeans who are mobile as young learners are more likely to be mobile as workers later in life. Learning mobility can make education and training systems and institutions more open, more European and international, more accessible and more efficient. It can also strengthen Europe's competitiveness by helping to build a knowledge-intensive society i.

The benefits of mobility were underlined by the Recommendation of the European Parliament and of the Council No 2001/613/EC of 10 July 2001 on mobility within the Community for students, persons undergoing training, volunteers, teachers and trainers i. The Recommendation invited Member States to take appropriate steps to remove obstacles to the mobility of these groups.

The legal provisions related to free movement of workers within the European Union were highlighted in the Commission Communication adopted on 13 July 2010 on 'Reaffirming the free movement of workers: rights and major developments' i.

Much has been achieved in the area of youth mobility since the 2001 Recommendation. However, not all instruments and tools are used to the full extent and many obstacles remain. Moreover, the whole context of learning mobility has changed considerably in the last decade, inter alia, due to globalisation, technological progress, including Information and Communication Technologies (ICTs) and stronger emphasis on employability and on the social dimension.

In November 2008, the Council invited Member States to adopt the objective of gradually making periods of learning abroad the rule rather than the exception for all young Europeans. The Council invited the Commission to establish a work plan to include cross-border mobility measures in all European programmes and support Member States in their efforts to promote mobility i.

The Commission published the Green Paper on 'promoting the learning mobility of young people' in July 2009 i which launched a public consultation on a number of questions, such as: how best to boost mobility opportunities for young Europeans, what obstacles to mobility still need to be overcome and how all players involved can join forces in a new partnership for learning mobility. The feedback to this consultation has provided important input to this Recommendation, as have opinions received from the European Economic and Social Committee and the Committee of the Regions.

Young researchers' mobility must also be encouraged in order to ensure the EU does not lag behind its competitors in research and innovation. The Commission Communication of 23 May 2008 on 'Better careers and more mobility: a European partnership for researchers' i proposed a set of actions to ensure that researchers across the EU benefit from the right training, attractive careers and removal of barriers to their mobility, while the Council Conclusions of 2 March 2010 on "European Researchers' mobility and careers" i identified concrete considerations on how to improve researcher mobility and identified several areas for action.

This Recommendation refers to young people in all learning and training contexts, i.e. at school, in vocational training (school-based or apprenticeships) and within university studies (at bachelor, master and doctoral levels), as well as in youth exchanges, voluntary activities or internships, inside or outside the European Union. The main age cohort envisaged would be 16-35 year olds. Learning mobility is seen as relevant to all disciplines and areas, such as culture, science, technology, arts and sports, and also for young entrepreneurs and researchers. Within the meaning of this Recommendation, learning covers formal, informal and non-formal learning.

This Recommendation seeks to encourage Member States to promote the learning mobility of young people and remove obstacles which are impeding progress in this area. At the same time, it fully respects their responsibilities within the framework of their national legislation.

It also encourages them to use the full potential of existing instruments to facilitate mobility, in particular the Quality Charter for Mobility, Europass, Diploma Supplement, Youthpass, European Qualifications Framework, European Credit Transfer and Accumulation System, European Credit System for Vocational Education and Training.

EU programmes, in addition to providing substantial support to mobility, have enabled the development at EU level of good practice and tools, which aim to facilitate the mobility of young people in all learning and training contexts.

This Council Recommendation provides specific guidance with regard to administrative, institutional and legal obstacles to the learning mobility of young people. It complements the wider Europe 2020 Integrated Guidelines, in particular the Employment Guidelines.

HEREBY RECOMMENDS THAT MEMBER STATES:

Information and guidance on mobility opportunities

a) Improve the quality of information and guidance on national and regional mobility opportunities and grant availability, targeting it to specific groups of learners, both within and outside the EU. Member States should make use of new, creative and interactive ways to disseminate information, communicate and exchange with young people, including using ICTs and social networks.

b) Make information easily accessible to all young people interested in learning mobility, for example through centralised web portals, support centres (such as 'European offices') and counselling services at institutional level. The use of internet-based services can also be helpful. It is recommended to use the Euroguidance network i in this context.

c) Cooperate with the Commission to further develop the PLOTEUS portal on learning opportunities, namely by increasing the number of national information resources that citizens can directly access through the multilingual PLOTEUS interface.

d) Encourage national and regional agencies to ensure that their work is integrated with that of stakeholders in learning mobility to ensure a clear, coherent and simple flow of information.

Motivation to participate in transnational mobility activities

a) Highlight the added value of learning mobility in terms of the development of professional and intercultural skills and future employability, in particular in the context of an increasingly global labour market.

b) Encourage networking between agencies, regional and local authorities, public employment services, institutions, youth organisations, researchers, teachers, trainers and youth workers, policy makers, employers and young people to ensure a coordinated approach to motivating young people.

c) Encourage 'peer exchange' between mobile and not yet mobile learners to improve motivation. Open days at institutions where mobility is promoted can provide a forum for such peer exchanges.

d) Promote the value of learning mobility to learners, their families and employers by integrating mobility into the curriculum or training programme, wherever appropriate. Providing opportunities for short mobility periods may also help to persuade more young people to be mobile.

Preparation of mobility opportunities, particularly regarding foreign language skills

a) Acknowledge the importance of language learning at early stages of education. Linguistic and cultural preparation for mobility should become a core part of curricula, both in general and vocational education.

b) Use more creative methods for the delivery of language learning, including ICTs. Particular attention should be given to disadvantaged learners and their specific needs.

c) Foster the acquisition of basic e-skills (digital competences) by young people to ensure that they can prepare their mobility in optimal conditions.

d) Encourage the development of partnerships and exchanges between education institutions to better prepare periods of mobility.

Legal and institutional obstacles relating to the learning period abroad

a) Address legal issues that create difficulties in obtaining visas and residency permits for non-EU residents who wish to pursue a learning opportunity in a Member State.

b) Address issues resulting from different legal rules across the European Union with regard to minors taking part in mobility schemes.

c) Define clear systems for apprentices to engage in mobility periods. To foster the mobility of apprentices and also of young researchers and to remove uncertainties, Member States should ensure appropriate levels of protection in terms of insurance, labour standards, health and safety requirements and tax, social security and pension arrangements.

d) Actively encourage jointly developed and delivered education and training programmes with institutions in other countries. Member States should ensure that national laws do not impede joint programmes and degrees in education and training, such as those specifying that the programmes have to be delivered and assessed in the national language.

e) Reduce administrative and legal burdens in order to promote learning mobility to and from the European Union. Greater cooperation and partnerships with third countries, agreements between the relevant authorities across Member States and bilateral agreements between institutions would facilitate learning mobility between the EU and other parts of the world.

Portability of grants and loans

a) Ensure the portability of grants, loans and access to benefits to promote the learning mobility of young people.

Quality of mobility

a) Use existing quality charters, such as the European Quality Charter for Mobility, to ensure mobility is of high quality, and consider the introduction of quality assurance procedures for each aspect of mobility.

b) Encourage continuous dialogue and clear arrangements between the sending and the hosting institutions, for example by using learning agreements. Encourage transparent selection procedures, peer exchange and structured learner support.

c) Organise regular reporting, stocktaking and feedback mechanisms to ensure the high quality of the mobility experience.

d) Encourage mentoring and peer learning schemes to ensure the integration of mobile learners in the host country/institution.

e) Encourage the provision of convenient and affordable facilities for mobile learners.

f) Provide guidance to mobile learners after their return on how to make use of the competences acquired during their stay abroad. Provide help with reintegration after a long stay abroad.

Recognition of learning outcomes

a) Ensure the implementation and use of existing EU instruments which facilitate the transfer and validation of the learning outcomes of mobility experiences between Member States (such as Europass Mobility, Youthpass, ECTS, ECVET and the EQF as well as the future European Skills Passport). These instruments should also be better promoted, especially among employers.

b) Improve procedures and guidelines for the validation and recognition of both informal and non-formal learning in order to facilitate more mobility (for example in volunteering and youth work).

c) Address the issue of validation and recognition of knowledge, skills and competences acquired during mobility periods abroad (such as foreign language skills).

d) Establish visible contact points where individuals can have their qualifications recognised and certified after their return from abroad.

Disadvantaged learners

a) Provide disadvantaged learners with targeted information on programmes and support tailored to their specific needs.

b) Develop a 'mobility culture', i.e., mainstreaming mobility opportunities into all learning contexts, involving teachers, trainers and youth workers etc. This will benefit all learners and in particular disadvantaged groups who may feel excluded from mobility opportunities.

Partnerships and funding

a) Encourage mobility partnerships with both public and private actors operating at local level. Chambers of commerce, business associations and NGOs can be valuable partners in this context. In addition, networks of schools and universities exchanging information, news and experience should be fostered.

b) Encourage regional authorities to play an increasing role in promoting mobility through building on existing networks and creating new partnerships.

c) Stimulate active cooperation and communication (including awareness-raising and advocacy about the value of mobility) between the education and the business sector, as the involvement of businesses is an important factor in strengthening youth mobility, for example by providing work placements. Provide incentives, such as special grants to businesses, in conformity with EU law, to encourage their engagement in providing places for traineeships, internships and apprenticeships.

d) Ensure the coherence and complementarity of national and European programmes, to create synergies and improve the efficiency of mobility programmes.

10) Role of multipliers

a) Encourage the use of ‘multipliers’ such as teachers, trainers, youth workers and young people who previously participated in a mobility experience to inspire and motivate young people to become mobile. Encourage employers in the field of education to recognise and reward teachers', trainers’ and youth workers' commitment to learning mobility. Promote and support the mobility of teachers, trainers and youth workers as an opportunity for professional advancement.

b) Promote mobility as a component of the training of teachers, trainers and youth workers.

Monitoring progress – Mobility Scoreboard

a) Report to the Commission on progress in removing obstacles to mobility in the wider framework of the Europe 2020 Strategy and the National Reform Programmes, the existing arrangements for the Strategic Framework for European cooperation in Education and Training (ET2020) and the EU Youth Strategy. This will serve as a basis for a biennial assessment of progress across Member States in the format of a Mobility Scoreboard .

b) Improve the availability and quality of the national statistical sources on the transnational mobility of young people.

HEREBY TAKE NOTE OF THE COMMISSION'S INTENTION TO:

Harness and strengthen the EU's education, training and youth programmes, such as, Erasmus, Erasmus Mundus, Leonardo, Comenius, Grundtvig, Youth in Action, Tempus and Marie Curie, as well as the Structural Funds and in particular the European Social Fund, in order to extend and broaden learning opportunities to young people as a whole. Stimulate active involvement of young people in society and improve their employment situation.

Contribute to Member States' efforts to support learning mobility by undertaking a coordinated review of existing programmes with a view to developing an integrated approach under the next Financial Framework (2014-2020) to underpin the Youth on the Move strategy.

Provide guidance to public authorities and stakeholders in the Member States on the case law established by the European Court of Justice on issues such as access to educational institutions, recognition of diplomas, the portability of grants and loans and other rights of mobile learners in the host country or in the country of origin.

Improve the statistical framework to measure and monitor progress in removing mobility obstacles.

Evaluate progress in removing mobility obstacles after the first four years of implementation of the Recommendation (by end 2014).

Done at Brussels,

5.

For the Council


The President
22–142.