Explanatory Memorandum to COM(2012)485 - Validation of non-formal and informal learning

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dossier COM(2012)485 - Validation of non-formal and informal learning.
source COM(2012)485 EN
date 05-09-2012
1. CONTEXT OF THE PROPOSAL

3.

The importance of creating new learning opportunities


Today's learning opportunities are limitless, borderless and instantaneous. Individuals learn and acquire new skills and competences not only in the traditional setting of the classroom (formal learning) but more and more outside it. Important learning takes place at work, through participation in civil society organisations or in the virtual space provided by the internet and mobile devices, individually or with peers. Increasingly often, companies offer their workers training opportunities to upgrade their skills through organised, but non-formal, learning. Informal learning is also becoming increasingly important in a global and interconnected world where technology allows individuals to learn in a plethora of different ways through for example open educational resources and at a distance.

Engaging and empowering all learners with learning experiences is essential in order to cope with rapid economic and technological changes, more frequent job transitions throughout an individuals' lifetime and pushing individuals to acquire higher and more relevant skills to increase employability, productivity and economic growth.

In today's situation of rising unemployment - particularly acute among young people - and lack of economic growth, making use of new learning opportunities outside the formal system and of the skills acquired through these is urgent: Europe needs to develop the right mix of skills and achieve a better match between skills and jobs to help boost competitiveness and prosperity.

In such context, education and qualification systems need to give an opportunity to all citizens i to make visible what they have learnt outside school and to use it for their career or further learning. This can be achieved by a process of validation of learning outcomes acquired through non-formal and informal learning; in this process an authorised body confirms that an individual has acquired learning outcomes (knowledge, skills and competences) measured against a relevant standard.

4.

Non-formal and informal learning in the Europe 2020 Strategy


Validation of non-formal and informal learning experiences in the EU Member States makes an essential contribution to EU's ambition to achieving smart, sustainable and inclusive growth set by the Europe 2020 Strategy. Its impact can be significant in the labour market functioning: validation mechanisms allow for more transparency on the skills available in the workforce and facilitate a better match between skills and labour demand, promote better transferability of skills between companies and sectors and facilitate mobility on the European labour market. By easing occupational and geographical mobility and allowing for a better skills match, validation can have an important impact in addressing skills shortages in growing sectors and support economic recovery,

In times of an ageing population and shrinking workforce, validation of informal and non-formal learning experiences can also help Europe bring those furthest away from the labour market closer to new learning and work opportunities and tap into all human capital to combat unemployment, boost productivity and competitiveness. In particular, validation can support young unemployed looking for their first job or with very little professional experience to demonstrate and create a market value for their skills and competences acquired in different contexts.

From an individual perspective, validation brings prospects of enhanced employability, increased wages and career moves, easier transferability of skills across countries, second chances for those who have dropped out from school prematurely, improved access to formal education and training, greater motivation to learn and increased self-confidence.

Altogether the validation of non-formal and informal learning experiences also contribute towards the achievement of the Europe 2020 headline targets for early school leaving, the proportion of 30-34 year olds having completed tertiary or equivalent education, the overall employment rate and poverty and social exclusion, a process that is followed up during the European Semester.

5.

Building on Europe's policy agenda


Validation of non-formal and informal learning has been part of the European policy agenda since 2001 when the Commission defined lifelong learning as all learning activity undertaken throughout life, with the aim of improving knowledge, skills and competences within a personal, civic, social and/or employment-related perspective. Since the Copenhagen Declaration on enhanced European cooperation in vocational education and training a series of initiatives have been taken to develop European tools and instruments in the area of lifelong learning:

– In 2004 Common European principles on validation were adopted in the form of Council Conclusions.

– In 2004 the Europass framework was established, including the Europass CV and a portfolio of documents which citizens can use to better communicate and present their qualifications and competences throughout Europe. Other tools for documenting learning outcomes concern the Youthpass for the Youth in Action Programme and sectoral skills and qualification passports developed under the European sectoral social dialogue.

– A major landmark towards the validation of non-formal and informal learning was the adoption in 2008 by the European Parliament and the Council of the Recommendation on the European Qualifications Framework (EQF) for lifelong learning. The EQF is a reference framework of qualification levels defined through learning outcomes. It has resulted in an ongoing process under which all Member States are setting up their National Qualification Framework and reference their qualifications to the European qualification levels. Through this process qualifications will become more comparable and easier to understand for employers, educational establishments, workers and learners.

– In 2009 the Commission and Cedefop published European guidelines for validating non-formal and informal learning which provides policy-makers and practitioners with technical advice on validation. These focus on different validation perspectives (e.g. individual, organisational, national, European). The guidelines form a practical tool to be applied on a voluntary basis.

– Alongside the other tools credit systems based on learning outcomes facilitate the validation of non-formal and informal learning. For higher education this concerns the European Credit Transfer and Accumulation System (ECTS), which was developed under the Bologna process to facilitate mobility between higher education institutions. For vocational education and training this concerns the European Credit System for Vocational Education and Training (ECVET).

In addition the Lifelong Learning Programme has, since 2007, financed a number of pilot projects which have enabled the development of validation processes and tools in specific sectors or contexts, particularly in vocational education and training and adult education. The European Social Fund has been used in some countries to develop validation systems.

Despite the existence of these European policies, progress in validation has been uneven, irregular and slow throughout Europe.

According to the latest update of the European Inventory of 2010 on the validation of non-formal and informal learning only four EU Member States have a highly developed validation system while a further seven have either a national system in its initial phase or a well-established, but partial, system of validation in one or more sectors.

6.

The need for action now


This means that the majority of EU Member States do not have a comprehensive validation system. The countries with a well-developed system have a mainstreamed approach to validation within their lifelong-learning system (e.g. legally anchored), an infrastructure supportive of validation, strong involvement of stakeholders (in particular social partners) and validation that is affordable for applicants. Some countries have recently taken initiatives on validation as part of the development of a National Qualification Framework. In other countries, limited developments have taken place, reflecting a lack of national strategies, a lack of knowledge on how to carry out validation in practice and - in some cases – a lack of trust in validation on the part of individuals and employers as well as cultural and attitudinal barriers.

The uneven availability of national validation policies and practices, as well as existing disparities between Member States, reduces the comparability and transparency of validation systems. They make it difficult for citizens to combine learning outcomes acquired in different settings, on different levels and in different countries. They create obstacles for the transnational mobility of learners and workers just when such mobility is needed to create more economic growth.

Given the urgent need to increase mobility of labour reducing shortages of skilled workforce, as well as for a better valuing of skills and competences acquired outside formal systems, the Commission has, in the Europe 2020 flagships 'An agenda for New skills and Jobs'[2] and 'Youth on the Move' i and its recent initiatives on the Single Market Act i and the Employment Package[5], announced this proposal for a Council Recommendation on the validation of non-formal and informal learning as a contribution at EU level to accelerate the reform agenda.

EU action on validation, aiming at cooperation and coordination across Member States, can facilitate mobility of workers and learners through a better mutual recognition of non-formally and informally acquired skills. By introducing more cooperation and stronger coordination between Member States, the transparency of validation systems will increase and the mutual trust of Member States in each other's validation systems will be enhanced. Especially Member States with low trust levels and weak traditions in validating non-formal and informal learning can benefit from this. Mutual trust cannot be achieved as effectively by Member States alone without action at EU level.

Specific monitoring for the implementation of the Council Recommendation is part of the legal aspects of this proposal. The Commission will also follow the overall progress on validation of informal and non-formal learning across Member States within the framework of overall structural reforms for education and training monitored through the European Semester and the 'Education and Training 2020' open method of coordination.

1.

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS



7.

Consultation


Consultation has taken the following forms:

– An open consultation, through an online survey conducted between December 2010 and February 2011. Invitations to participate in the online survey and to submit a position paper were sent to members of the most relevant groups and other stakeholders in the areas of education and training, employment, youth and sport[6].

– Discussion at meetings of policy bodies, in particular the European Qualifications Framework Advisory Group;

– Specialist meetings and peer-learning activities organised by the Learning Outcomes Group operating under the EQF Advisory Group;

– Peer-learning activities in the fields of higher education, vocational education and training and adult learning.

The social partners, both employers and trade-union representatives, have been consulted as members of the EQF Advisory Group and through their participation in several peer-learning activities.

The above online survey resulted in 469 responses to the closed and open questions, complemented by 24 position papers. Responses were fairly evenly balanced between individuals (53%) and organisations (47%).

The results showed a lack of overall coherence in the approaches towards validation within and between Member States, as well as a large number of constraints on the effective implementation of validation in practice. Responses showed overwhelming consensus on the importance of making the skills gained through life and work experience visible. They showed broad support for a European initiative in order to enhance validation policy and practice in the EU Member States.

The consultation of the EQF Advisory Group and the various peer-learning activities also generated positive support for a European initiative on the validation.

8.

Impact Assessment


The impact assessment compared three options for European action in the field of validation of non-formal and informal learning, namely i the baseline scenario consisting of the current situation and its expected evolution without further EU action, (2) a Council Recommendation on the implementation of validation of non-formal and informal learning and i setting up a new process based on a new open method of coordination devoted to validation so as to develop of a European quality charter on validation.

The social, economic and other impacts of the three options considered were examined in qualitative terms based on likely impacts, as there are no hard data available.

Option 2, a Council Recommendation focusing on the implementation of validation, proved to be the most effective and efficient option, generating the largest positive economic and social impacts. It is the option most consistent with EU policy objectives. Under a Council Recommendation, Member States make a formal commitment to action. It is the most powerful available instrument within the area of soft law. Past experience, in particular with the EQF, has shown that it has the ability to generate peer pressure for action by Member States.

Concerning Option 1 (baseline scenario) the impact assessment revealed that the current situation of validation is expected to change only slowly in the absence of further action, implying that the limited availability and use of validation of non-formal and informal learning experiences, as well as the lack of a harmonised approach on validation across Europe, would persist.

Option 3 (a new OMC) would be expected to lead to improvements compared to the baseline scenario regarding impact effectiveness, efficiency and coherence with wider EU policy objectives. However, setting up a new OMC would create additional structures and additional reporting mechanisms, increasing the administrative burden and costs for the Member States. Moreover it would not provide sufficient guarantees of the adoption of validation measures within a reasonable timeframe, since its success would rely exclusively on the OMC method.

The impact assessment also revealed the following advantages of a Council Recommendation focusing on implementation, when compared to the other two options:

– It will fill the validation gap which currently exists within the available European tools and instruments, such as the EQF, Europass and credit systems. It will in particular remedy a shortcoming of the European Qualifications Framework, which provides for the promotion of validation of non-formal and informal learning, but gives no further guidance on its implementation;

– It proposes concrete practical measures for the implementation of validation in the Member States;

– A Council Recommendation, as a legal instrument, signals the commitment of Member States to the measures set out, most of which will require implementation at national level and adaptation to the national context;

– It explicitly involves relevant stakeholders (labour-market stakeholders, youth/voluntary organisations, education and training institutions) in the development of validation systems;

– Member States will continue to cooperate within existing OMC structures, in particular the EQF Advisory Group, representing a simpler implementation structure than foreseen under Option 3;

– It will form a new and stronger political basis for cooperation in the field of validation of non-formal and informal learning.

2.

LEGAL ELEMENTS OF THE PROPOSAL



9.

Summary of the proposed actions


The proposed actions include practical recommendations to Member States to provide by 2015 every citizen with the opportunity to have his/her skills acquired outside formal education and training systems validated and to use this validation for working and learning purposes throughout Europe. On a more concrete level, these actions entail the following recommendations to Member States:

– To ensure that by 2015 national systems for the validation of non-formal and informal learning have been established providing the opportunity to all citizens to have their knowledge, skills and competences validated, irrespective of the contexts where the learning took place. This validation provides the basis on which the award of a full or partial qualification takes place, with no prejudice to other applicable Union law, in particular Directive 2005/36/EC on the recognition of professional qualifications;

– National systems of validation of non-formal and informal learning should focus on the following four aspects of validation: the identification of learning outcomes, their documentation, their assessment against agreed standards and finally their certification;

– In the form appropriate to each national context, to ensure that information on validation opportunities is widely available (in particular to disadvantaged groups), that access to validation is affordable for citizens who wish to undertake a validation procedure, that appropriate guidance and counselling is available and affordable for citizens who wish to undertake a validation procedure and that transparent quality-assurance mechanisms are established and applied to the validation system in relation to both the assessment (methodologies and tools, qualified assessors) and its results (agreed standards);

– Provide individuals with the opportunity to undergo an audit of their skills and competences within three months of an identified need such as the perspective of unemployment or insecure forms of employment. For this purpose the use of the current and future Europass tools to facilitate the identification and documentation of learning outcomes should be promoted. The links between validation arrangements and credit systems such as ECTS and ECVET should be strengthened;

– Involve social partners and other relevant stakeholders, namely employer organisations, trade unions, chambers of commerce, industry and skilled crafts, national entities involved in the process of recognition of professional qualifications, employment services, youth organisations, youth workers, education and training providers as well as civil society organisations in the development of the validation mechanisms and in documenting the learning outcomes acquired through non-formal and informal learning;

– promote partnerships and other initiatives to facilitate the documentation of learning outcomes developed within SMEs and other small organisations;

– Provide incentives to employers, youth organisations and civil society organisations to promote and facilitate the identification and documentation of learning outcomes acquired at work or in voluntary activities;

– Provide incentives to education and training providers to facilitate access to formal education and training and to grant exemptions on the basis of learning outcomes acquired in non-formal and informal settings and ensure co-ordination between education, training, employment and youth implementation services as well as between relevant policies.

The EQF Advisory Group will be the main body overseeing the actions proposed under this recommendation. The proposed measures also foresee reporting on the follow-up of the actions in the Joint Commission and Council Report published under the Education and Training 2020 Strategy. Finally, the annual Cedefop report on the development of National Qualification Frameworks in Europe will assess progress in establishing national systems for the validation of non-formal and informal learning.

The proposed actions call on the Commission to: 1) regularly update the European Guidelines for validating non-formal and informal learning; 2) facilitate effective peer-learning and exchange of experience and good practice allowing the least developed countries in validation to benefit from the experiences in the most developed countries; 3) in cooperation with the Member States, ensure that the European programmes for education, training, and youth and the European Structural Funds support the follow-up of this Recommendation and 4) assess and evaluate, in cooperation with the Member States and after consulting stakeholders, the follow-up of the proposed actions.

10.

Legal basis


Articles 165 and 166 of the Treaty on the functioning of the European Union foresee the Union to contribute to the development of quality education and to implement a vocational training policy by encouraging co-operation between Member States, where necessary supporting and supplementing their action, while fully respecting the responsibility of the Member States for the content of teaching and the organisation of education systems and vocational training.

The current initiative recommends common lines of action to be implemented at the level of the Member States with some European support. It will propose actions that will need implementation at EU and Member State level. The EU level will provide coordination including in particular coordination with the relevant European instruments and support, for instance by organising peer-learning activities. Member States will remain entirely responsible for the design, development and implementation of their arrangements (laws, regulations, collective agreements) for the validation of non-formally and informally acquired learning outcomes. Action at the two levels is complementary and the prerogatives of Member States are safeguarded.