(1)

Decision No 2317/2003/EC of the European Parliament and of the Council (3) 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).

(2)

Council Regulation (EC) No 1085/2006 (4) established an Instrument for Pre-Accession Assistance (IPA), Regulation (EC) No 1638/2006 of the European Parliament and of the Council (5) established a European Neighbourhood and Partnership Instrument, Regulation (EC) No 1905/2006 of the European Parliament and of the Council (6) established a financing instrument for development cooperation, Council Regulation (EC) No 1934/2006 (7) established a financing instrument for cooperation with industrialised and other high-income countries and territories and the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States and the European Community and its Member States, signed in Cotonou on 23 June 2000 (8) (the ACP-EC Partnership Agreement) and the Internal Agreement establishing the financing of Community aid under the multiannual financial framework for the period 2008 to 2013 in accordance with the ACP-EC Partnership Agreement and the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the EC Treaty applies (9) (Internal ACP-EC Agreement), govern the European Development Fund.

(3)

The new Erasmus Mundus programme is consistent with the objectives of excellence set out in the programme for 2004 to 2008. It helps attract the best students from third countries due to the quality of the studies on offer, the quality of the reception arrangements and a scholarship scheme that can compete with any in the world.

(4)

During the course of negotiating the external assistance instruments and the Interinstitutional Agreement on budgetary discipline and sound financial management (10), the European Parliament, the Council and the Commission reached a number of understandings on democratic scrutiny and coherence of external action, which are set out in Declaration 4 to the Interinstitutional Agreement.

(5)

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 Higher Education Area’ by 2010, a process which is actively supported at Community level. At their meeting in London on 17 and 18 May 2007, the 45 Ministers of Higher Education of the countries participating in the Bologna process adopted the strategy ‘The European Higher Education Area in a Global Setting’ and, in this context, identified as priorities for 2009 improved information about the European Higher Education Area and improved recognition of higher education qualifications with other parts of the world.

(6)

The extraordinary European Council meeting in Lisbon on 23 and 24 March 2000 set a strategic goal for the European Union to become the most competitive and dynamic knowledge-based economy in the world and invited the Education, Youth and Culture Council to undertake a general reflection on the concrete future objectives of education systems, focusing on common concerns and priorities while respecting national diversity. 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 those objectives, requiring support at Community level. The European Council meeting in Barcelona on 15 and 16 March 2002 set the objective of making the European Union's education and training systems a world quality reference by 2010.

(7)

The Commission Communications of 20 April 2005 and 10 May 2006 entitled ‘Mobilising the Brainpower of Europe: enabling universities to make their full contribution to the Lisbon Strategy’ and ‘Delivering on the Modernisation Agenda for Universities: education, research and innovation’, the Council Resolution of 23 November 2007 on modernising universities for Europe's competitiveness in a global knowledge economy and Regulation (EC) No 294/2008 of the European Parliament and of the Council of 11 March 2008 establishing the European Institute of Innovation and Technology (11) underline the need for European higher education institutions to overcome their fragmentation and join forces in a quest for increased quality in teaching and research as well as for a better response to the changing needs of the labour market. The European Council meeting in Brussels on 15 and 16 June 2006 endorsed the need to modernise European higher education.

(8)

The interim evaluation report of the existing Erasmus Mundus programme and the open public consultation on the future of the programme underlined the relevance of the objectives and actions of the current programme and expressed a wish for continuity, with certain adaptations such as extending the programme to the doctoral level, integrating higher education institutions located in third countries and the needs of those countries more strongly and providing more funds to European participants.

(9)

Enhancing the quality of European higher education, promoting understanding between peoples as well as contributing to the sustainable development of higher education in third countries whilst avoiding the brain-drain and favouring vulnerable groups are the objectives of a higher education cooperation programme aimed at third countries. The most effective means of achieving those aims in a programme of excellence are highly integrated study programmes at postgraduate level and, as regards Erasmus Mundus Partnerships (Action 2), partnerships with third countries at all levels of study, scholarships for the most talented students and projects to enhance the worldwide attractiveness of European higher education. More precisely, the objectives of excellence should be pursued through Erasmus Mundus Joint Programmes (Action 1) and Action 2, while the development objectives should be covered exclusively by Action 2. In its evaluation of the programme, the Commission should pay particular attention to its potential brain-drain effects.

(10)

In order to ensure that the beneficiaries of the programme enjoy a high quality welcome and stay, the Member States should endeavour to make their visa processes as straightforward as possible. The Commission should ensure that all the relevant websites of, and contact details in, the Member States are listed on the Erasmus Mundus website.

(11)

There is a need to step up the fight against exclusion in all its forms, including racism, xenophobia and all forms of discrimination, and to step up Community efforts to promote dialogue and understanding between cultures world-wide. Given the social dimension of higher education as well as the ideals of democracy and respect for human rights, including questions of equality between men and women, that it encourages, mobility in this area allows individuals to experience new cultural and social environments and facilitates their understanding of other cultures. The pursuit of those objectives respects the rights and observes the principles reflected in the Charter of Fundamental Rights of the European Union (12), in particular Article 21(1) thereof.

(12)

Promoting the teaching and learning of languages and linguistic diversity should be a priority of Community action in the field of higher education. The teaching and learning of languages are of special relevance in relation to third countries and to the European students who go to those countries.

(13)

In the period 2004 to 2008, country-specific scholarships funded through the Commission's external cooperation instruments complemented the Erasmus Mundus scholarships in order to extend the number of beneficiary students coming from specific third countries, such as China, India, the Western Balkan countries or the ACP countries, to study in Europe. Similar opportunities could be envisaged for the period 2009 to 2013 in accordance with the political priorities, rules and procedures of the relevant external cooperation instruments and in line with the programme's objectives of academic excellence established by this Decision and taking into account a geographical representation of beneficiaries that is as balanced as possible.

(14)

In all its activities, the Community must aim to eliminate inequalities, and promote equality, between men and women, as provided for in Article 3(2) of the Treaty.

(15)

There is a need to widen access for those from disadvantaged groups and to address actively the special learning needs of people with disabilities in the implementation of all parts of the programme, including through the use of higher grants to reflect the additional costs of disabled participants.

(16)

In accordance with Article 149 of the Treaty, this Decision does not prejudice the national legal frameworks and procedures relating, in particular, to the setting up and recognition of higher education institutions.

(17)

In order to give the programme more publicity within the European Union and beyond its borders, to achieve its objectives to a greater extent and disseminate the results of the programme, there is a need for an integrated public information policy to provide citizens with timely and complete information on each of the actions and opportunities offered by the programme, as well as clarification of the procedures to be followed. The information policy, which should primarily be conveyed through the participating higher education institutions, is of particular importance, principally in countries with low levels of participation in the programme.

(18)

Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (13) and Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 (14) which safeguard the Community's financial interests, should be applied taking into account the principles of simplicity and consistency in the choice of budgetary instruments in line with the programme's objectives of academic excellence and the required proportionality between the amount of resources and the administrative burden related to their use.

(19)

This Decision lays down, for the entire duration of the programme, a financial envelope constituting the prime reference, within the meaning of point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (15), for the budgetary authority during the annual budgetary procedure.

(20)

In line with the programme's objectives of academic excellence, the measures necessary for the implementation of Action 1 and the promotion of European higher education (Action 3) 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 (16). The measures necessary for the implementation of Action 2 should be adopted in accordance with Regulation (EC) No 1085/2006, Regulation (EC) No 1638/2006, Regulation (EC) No 1905/2006, Regulation (EC) No 1934/2006, the ACP-EC Partnership Agreement and the Internal ACP-EC Agreement.

(21)

Since the objectives of this Decision cannot be sufficiently achieved by the Member States because of the need for multilateral partnerships, multilateral mobility and exchanges of information between the Community and third countries, 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,

1.

‘higher education’ means all types of courses of study, or sets of courses of study, training or training for research at the post-secondary level which are recognised by the relevant national authority as belonging to the higher education system;

2.

‘higher education institution’ means any institution providing higher education and recognised by the relevant national authority as belonging to the higher education system;

3.

‘student in first cycle’ means a person enrolled in a first cycle programme of higher education who will obtain after completion of the programme a first higher education degree;

4.

‘masters student’ (student in second cycle) means a person enrolled in a second cycle programme of higher education who has already obtained a first higher education degree or has an equivalent level of learning recognised in accordance with national law and practices;

5.

‘doctoral candidate’ (candidate in third cycle) means an early-stage researcher at the beginning of his/her research career, starting at the date of obtaining the degree which would formally entitle him/her to embark on a doctorate;

6.

‘post-doctoral researcher’ means an experienced researcher who is in possession of a doctorate or who has at least three years of full-time equivalent research experience, including the period of research training at a research centre established in accordance with national law and practice, after obtaining the degree which formally entitled him/her to embark on a doctorate offered by a higher education institution;

7.

‘academic’ means a person with outstanding academic and/or professional experience who lectures or conducts research in a higher education institution or a research centre established in accordance with national law and practice;

8.

‘higher education staff’ means persons who, through their duties, are involved directly in the educational process related to higher education;

9.

‘European country’ means a country which is a Member State or which participates in the programme according to Article 9. ‘European’ referring to an individual means a person who is a national or a resident of any European country. ‘European’ referring to an institution means an institution which is located in any European country;

10.

‘third country’ means a country which is not a European country. ‘Third-country’ referring to an individual means a person who is neither a national nor a resident of any European country. ‘Third-country’ referring to an institution means an institution which is not located in any European country. The countries participating in the action programme in the field of lifelong learning established by Decision No 1720/2006/EC of the European Parliament and of the Council (17) are not considered to be third countries for the purpose of implementing Action 2;

11.

‘masters programme’ (second cycle) means a second cycle programme of higher education that follows a first degree or an equivalent level of learning leading to masters level offered by a higher education institution;

12.

‘doctoral programme’ (third cycle) means a research-related programme of higher education study that follows a higher education degree and leads to a doctoral degree offered by a higher education institution or, in those Member States where this is in accordance with national law and practice, by a research centre;

13.

‘mobility’ means moving physically to another country, in order to undertake study, work experience, research, other learning or teaching or research activity or related administrative activity, supported wherever possible by preparatory training in the host language;

14.

‘double or multiple degree’ means two or more national diplomas issued by two or more higher education institutions and recognised officially in the countries where the degree-awarding institutions are located;

15.

‘joint degree’ means a single diploma issued by at least two of the higher education institutions offering an integrated programme and recognised officially in the countries where the degree-awarding institutions are located;

16.

‘enterprise’ means any undertaking engaged in economic activity in the public and private sector, whatever its size, legal status or the economic sector in which it operate, including the social economy.

(a)

higher education institutions;

(b)

students in higher education, at all levels, including doctoral candidates;

(c)

post-doctoral researchers;

(d)

academics;

(e)

higher education staff;

(f)

other public or private bodies active in the field of higher education under national law and practice;

(g)

enterprises;

(h)

research centres.

(a)

EFTA countries which are members of the EEA, in accordance with the conditions laid down in the EEA Agreement;

(b)

the candidate countries which have a pre-accession strategy, in accordance with the general principles and general terms and conditions laid down in the framework agreements concluded with these countries for their participation in Community programmes;

(c)

the countries of the Western Balkans, in accordance with the general principles and general terms and conditions laid down in the framework agreements concluded with these countries for their participation in Community programmes;

(d)

The Swiss Confederation, provided that a bilateral agreement foreseeing its participation is concluded with that country.

(a)

enhancing the European knowledge-based economy and society and contributing to creating more jobs in line with the objectives of the Lisbon Strategy and strengthening the global competitiveness of the European Union, its sustainable economic growth and its greater social cohesion;

(b)

fostering culture, knowledge and skills for peaceful and sustainable development in a Europe of diversity;

(c)

promoting an awareness of the importance of cultural and linguistic diversity within Europe, as well as of the need to combat racism and xenophobia and promoting intercultural education;

(d)

making provision for students with special needs, and in particular by helping to promote their integration into mainstream higher education, and promoting equal opportunities for all;

(e)

promoting equality between men and women and contributing to combating all forms of discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation;

(f)

promoting the development of third countries.