2006/964/EC: Council Decision of 18 December 2006 on the conclusion of the Agreement between the European Community and the Government of Canada establishing a framework for cooperation in higher education, training and youth

1 The Agreement between the European Community and the government of Canada establishing a framework for cooperation in higher education, training and youth is hereby approved on behalf of the Community.

2 The text of the Agreement is attached to this Decision.

The delegation of the European Community to the Joint Committee referred to in Article 6 of the Agreement shall consist of a representative from the Commission assisted by a representative from each Member State.

The President of the Council is authorised to designate the person empowered to make the notification provided for in Article 12(1) of the Agreement.

This Agreement establishes a framework for cooperation in higher education, training and youth between the European Community and Canada.

For the purpose of this Agreement: 1) ‘higher education institution’ means any establishment according to either Party's applicable laws or practices that offers qualifications or diplomas at higher education level, irrespective of the designation given to it; 2) ‘training institution’ means any type of public, semi-public or private body, which, irrespective of the designation given to it, in accordance with either Party's applicable laws and practices, designs or undertakes vocational education or training, further vocational training, refresher vocational training or retraining contributing to qualifications recognised by the competent authorities; 3) ‘students’ means all those persons who follow learning or training courses or programmes which are run by higher education or training institutions as defined in this Article, and that are recognised or financially supported by the competent authorities; 4) ‘youth’ means areas of activities linked to non-formal and informal learning involving youth organisations and other youth associations as well as youth workers, young leaders and other actors working for, or with, young people.

1 The general objectives of this Agreement shall be to: (a) promote mutual understanding between the peoples of the European Union and Canada including broader knowledge of their languages, cultures and institutions; (b) improve the quality of human resources in both the European Community and Canada, by facilitating the acquisition of skills required to meet the challenges of the global knowledge-based economy.

2 The specific objectives of this Agreement shall be to: (a) reinforce a European Community and a Canadian value-added dimension to transatlantic cooperation in higher education, training and youth; (b) contribute to transatlantic exchanges between citizens of both the European Union and Canada; (c) contribute to the development of higher education and training institutions, as well as youth structures and organisations; (d) promote and/or enhance partnerships among stakeholders active in the areas of higher education, training and youth in the European Community and Canada; (e) contribute to the professional development of individuals while achieving the general objectives of the Agreement; (f) develop opportunities for dialogue and exchanges on youth policy and youth work.

3 The operational objectives of this Agreement shall be to: (a) support collaboration between higher education and training institutions with a view to promoting and developing joint study and/or training programmes and student mobility; (b) improve the quality of transatlantic student mobility by promoting transparency, mutual recognition of qualifications and periods of study and training, and where appropriate portability of credits; (c) support collaboration among public and private organisations active in the areas of higher education, training and youth with a view to encouraging discussion and exchange of experience on policy issues; (d) support transatlantic mobility of professionals (including professionals-in-training) with a view to improving mutual understanding, and expertise, of issues relevant to European Union/Canada relations; (e) support collaboration among youth structures and organisations as well as youth workers, young leaders and other youth actors with a view to promoting exchanges of good practices and developing networks.

Cooperation under this Agreement shall be conducted on the basis of the following principles: 1) full respect for the responsibilities of the Member States of the European Community and for the legislative powers of the Provinces and Territories of Canada in the fields of education and training, and the autonomy of the higher education and training institutions; 2) overall balance of benefits from activities undertaken through this Agreement; 3) broad participation across the different Member States of the European Community and the Provinces and Territories of Canada; 4) recognition of the full cultural, social and economic diversity of the European Community and Canada; 5) enhanced collaboration between the European Community and Canada and complementarity with bilateral programmes between the Member States of the European Community and Canada, as well as other European Community and Canada programmes and initiatives in higher education, training and youth.

Cooperation shall be pursued by means of the actions described in the Annex, which forms an integral part of this Agreement.

1 A Joint Committee is hereby established. It shall comprise representatives of each Party.

2 The functions of the Joint Committee shall be to: (a) review the cooperation envisaged under this Agreement; (b) report to the Parties on the level, status and effectiveness of the cooperation in accordance with the objectives and principles of this Agreement; (c) share information on recent developments, policies, new trends or innovative practices related to higher education, training and youth.

3 The Joint Committee shall endeavour to meet every second year, with such meetings being held alternately in the European Union and Canada. Other meetings may be held as mutually determined.

4 Decisions of the Joint Committee shall be reached by consensus. Minutes shall be agreed upon by those persons selected from each side to chair the meeting jointly, and shall, together with the report, be made available to the Joint Cooperation Committee established under the 1976 Framework Agreement on Commercial and Economic Cooperation between the European Community and Canada as well as appropriate Ministers of each Party.

Cooperation shall be monitored and evaluated as appropriate on a cooperative basis thus permitting, as necessary, the reorientation of the cooperative activities in the light of any needs or opportunities becoming apparent in the course of their implementation.

1 Cooperation shall be subject to the availability of funds and to the applicable laws and regulations, policies and programmes of the European Community and Canada. Financing will be on the basis of an overall matching of funds between the Parties.

2 Each Party shall provide funds for the direct benefit of: for the European Community, citizens of one of the European Community Member States or persons recognised by a Member State as having official status as permanent residents, for Canada, its own citizens and permanent residents as defined by Canadian law.

3 Costs incurred by or on behalf of the Joint Committee shall be met by the Party to whom the respective member who has incurred the cost is responsible. Costs, other than those of travel and subsistence, that are directly associated with meetings of the Joint Committee, shall be met by the host Party.

Each Party shall take all reasonable steps and use its best efforts to facilitate entry to and exit from its territory of personnel, students, material and equipment of the other Party engaged in or used in cooperation under this Agreement in accordance with their respective laws and regulations.

1 This Agreement is without prejudice to cooperation which may be taken pursuant to other agreements between the Parties.

2 This Agreement is without prejudice to existing or future bilateral agreements between individual Member States of the European Community and Canada in the fields covered herein.

This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the territory of Canada.

1 Each Party shall notify the other in writing of its consent to be bound by this Agreement. This Agreement shall enter into force on the first day of the month following the date on which the last Party shall have so notified the other.

2 This Agreement shall remain in force for a period of eight years, following which it may be extended by written agreement of the Parties.

3 This Agreement may be amended by mutual written agreement of the Parties.

4 Amendments or extensions shall be in writing and shall enter into force on a date determined by the Parties.

5 This Agreement may be terminated at any time by either Party upon twelve months written notice. The expiration or termination of this Agreement shall not affect the validity or duration of any arrangements made under it or the obligations established pursuant to the Annex to this Agreement.