Legal provisions of COM(2018)367 - 'Erasmus': the Union programme for education, training, youth and sport

Please note

This page contains a limited version of this dossier in the EU Monitor.

dossier COM(2018)367 - 'Erasmus': the Union programme for education, training, youth and sport.
document COM(2018)367 EN
date May 20, 2021

Contents

CHAPTER I - GENERAL PROVISIONS


Article 1

Subject matter

This Regulation establishes Erasmus+, the programme for Union action in the fields of education and training, youth and sport (the ‘Programme’) for the period of the 2021-2027 MFF.

It lays down the objectives of the Programme, the budget for the period from 2021 to 2027, the forms of Union funding and the rules for providing such funding.

Article 2

Definitions

For the purposes of this Regulation, the following definitions apply:

(1)‘lifelong learning’ means learning in all its forms, whether formal, non-formal or informal, taking place at all stages in life and resulting in an improvement or update in knowledge, skills, competences and attitudes or participation in society from a personal, civic, cultural, social or employment-related perspective, including the provision of counselling and guidance services; it includes early childhood education and care, general education, vocational education and training, higher education, adult education, youth work and other learning settings outside formal education and training and it typically promotes cross-sectoral cooperation and flexible learning pathways;

(2)‘learning mobility’ means moving physically to a country other than the country of residence, in order to undertake study, training or non-formal or informal learning;

(3)‘virtual learning’ means the acquisition of knowledge, skills and competences through the use of information and communication technology tools that allow participants to have a meaningful transnational or international learning experience;

(4)‘non-formal learning’ means learning which takes place outside formal education and training through planned activities in terms of learning objectives and learning time and where some form of learning support is present;

(5)‘informal learning’ means learning resulting from daily activities and experiences which is not organised or structured in terms of objectives, time or learning support; it may be unintentional from the learner’s perspective;

(6)‘young people’ means individuals aged between 13 and 30;

(7)‘grassroots sport’ means physical leisure activities practised regularly at non-professional level by people of all ages for health, educational or social purposes;

(8)‘higher education student’ means a person enrolled at a higher education institution, including at short-cycle, bachelor’s, master’s or doctoral level or equivalent, or a person who has recently graduated from such an institution;

(9)‘staff’ means a person who, on either a professional or a voluntary basis, is involved in education, training or non-formal learning at all levels, and includes professors, teachers including pre-school teachers, trainers, school leaders, youth workers, sport staff, early childhood education and care staff, non-educational staff and other practitioners involved on a regular basis in promoting learning;

(10)‘sport staff’ means a person involved in the instruction, training and management of a sports team or individual sports people, either on a paid basis or on a voluntary basis;

(11)‘vocational education and training learner’ means a person enrolled in an initial or continuous vocational education and training programme at any level from secondary to post-secondary level or a person who has recently graduated or obtained a qualification from such a programme;

(12)‘school pupil’ means a person enrolled in a learning capacity at an institution providing general education at any level from early childhood education and care to upper secondary education or a person schooled outside an institutional setting considered by the competent authorities as eligible to participate in the Programme in their respective territories;

(13)‘adult education’ means any form of non-vocational education for adults after initial education, whether of a formal, non-formal or informal nature;

(14)‘third country’ means a country that is not a Member State;

(15)‘partnership’ means an agreement between a group of institutions or organisations to carry out joint activities and projects;

(16)‘Erasmus Mundus Joint Master’s Degree’ means an integrated study programme offered by at least two higher education institutions resulting in a single degree certificate or multiple degree certificates issued and signed by all the participating institutions jointly and recognised officially in the countries where the participating institutions are located;

(17)‘international’ relates to any action involving at least one third country not associated to the Programme;

(18)‘virtual cooperation’ means any form of cooperation using information and communication technology tools to facilitate and support any relevant Programme actions;

(19)‘higher education institution’ means an institution which, in accordance with national law or practice, offers recognised degrees or other recognised tertiary level qualifications, regardless of what such an establishment is called, or a comparable institution at tertiary level which is considered by the national authorities as eligible to participate in the Programme in their respective territories;

(20)‘transnational’ relates to any action involving at least two countries which are either Member States or third countries associated to the Programme;

(21)‘youth participation activity’ means an activity outside formal education and training carried out by informal groups of young people or youth organisations, and characterised by a non-formal or informal learning approach;

(22)‘youth worker’ means a person who, on either a professional or a voluntary basis, is involved in non-formal learning and supports young people in their personal socio-educational and professional development and the development of their competences; it includes persons who plan, steer, coordinate and implement activities in the field of youth;

(23)‘EU Youth Dialogue’ means the dialogue between young people and youth organisations and policy and decision-makers, as well as experts, researchers and other civil society actors, as appropriate; it serves as a forum for continuous joint reflection and consultation on the priorities of, and all fields of relevance to, young people;

(24)‘legal entity’ means a natural person or a legal person created and recognised as such under national law, Union law or international law which has legal personality and which may, acting in its own name, exercise rights and be subject to obligations, or an entity which does not have legal personality as referred to in point (c) of Article 197(2) of the Financial Regulation;

(25)‘people with fewer opportunities’ means people who, for economic, social, cultural, geographical or health reasons, due to their migrant background, or for reasons such as disability or educational difficulties or for any other reason, including a reason that could give rise to discrimination under Article 21 of the Charter of Fundamental Rights of the European Union, face obstacles that prevent them from having effective access to opportunities under the Programme;

(26)‘national authority’ means one or more authorities in charge, at national level, of monitoring and supervising the management of the Programme in a Member State or in a third country associated to the Programme;

(27)‘national agency’ means one or more bodies in charge of managing the implementation of the Programme at national level in a Member State or in a third country associated to the Programme;

(28)‘newcomer organisation’ means an organisation or institution that has not previously received support in a given type of action supported by the Programme or by the 2014-2020 Programme either as a coordinator or as a partner.

Article 3

Programme objectives

1. The general objective of the Programme is to support, through lifelong learning, the educational, professional and personal development of people in the fields of education and training, youth and sport, in Europe and beyond, thereby contributing to sustainable growth, quality jobs and social cohesion, to driving innovation and to strengthening European identity and active citizenship. The Programme shall be a key instrument for building a European Education Area, supporting the implementation of European strategic cooperation in the field of education and training, including its underlying sectoral agendas, advancing youth policy cooperation under the 2019-2027 European Union Youth Strategy and developing the European dimension in sport.

2. The Programme has the specific objectives to promote:

(a)the learning mobility of individuals and groups, and cooperation, quality, inclusion and equity, excellence, creativity and innovation at the level of organisations and policies in the field of education and training;

(b)non-formal and informal learning mobility and active participation among young people, and cooperation, quality, inclusion, creativity and innovation at the level of organisations and policies in the field of youth;

(c)the learning mobility of sport staff, and cooperation, quality, inclusion, creativity and innovation at the level of sport organisations and sport policies.

3. The Programme objectives shall be pursued through the following three key actions which mainly have either a transnational or an international character:

(a)learning mobility (‘key action 1’);

(b)cooperation among organisations and institutions (‘key action 2’); and

(c)support to policy development and cooperation (‘key action 3’).

The Programme objectives shall also be pursued through Jean Monnet actions as set out in Article 8.

The actions supported under the Programme are set out in Chapters II (education and training), III (youth) and IV (sport). The description of those actions is set out in Annex I. The Commission is empowered to adopt delegated acts in accordance with Article 33 to amend that Annex by adding to the description of the actions, where necessary, in order to adapt to developments in the relevant fields.

Article 4

European added value

1. The Programme shall support only those actions and activities which present a potential European added value and which contribute to the achievement of the Programme objectives laid down in Article 3.

2. The European added value of the actions and activities of the Programme shall be ensured, for example, through their:

(a)transnational character, particularly with regard to learning mobility and cooperation aimed at achieving a sustainable systemic impact;

(b)complementarity and synergies with other programmes and policies at national, Union and international level;

(c)contribution to the effective use of Union transparency and recognition tools.

CHAPTER II - EDUCATION AND TRAINING


Article 5

Key action 1 Learning mobility

1. In the field of education and training, the Programme shall support the following actions under key action 1:

(a)the learning mobility of higher education students and staff;

(b)the learning mobility of vocational education and training learners and staff;

(c)the learning mobility of school pupils and staff;

(d)the learning mobility of adult education learners and staff.

2. Learning mobility under this Article may be accompanied by virtual learning and measures such as language support, preparatory visits, training and virtual cooperation. Learning mobility may be replaced by virtual learning for those persons who are unable to participate in learning mobility.

Article 6

Key action 2 Cooperation among organisations and institutions

In the field of education and training, the Programme shall support the following actions under key action 2:

(a)partnerships for cooperation and exchange of practices, including small-scale partnerships to foster wider and more inclusive access to the Programme;

(b)partnerships for excellence, in particular European Universities, platforms of centres of vocational excellence and Erasmus Mundus Joint Master’s Degrees;

(c)partnerships for innovation to strengthen Europe’s innovation capacity;

(d)user-friendly online platforms and tools for virtual cooperation, including support services for eTwinning and for the Electronic Platform for Adult Learning in Europe, and tools to facilitate learning mobility, including the European Student Card initiative.

Article 7

Key action 3 Support to policy development and cooperation

In the field of education and training, the Programme shall support the following actions under key action 3:

(a)the preparation and implementation of the Union general and sectoral policy agendas in the field of education and training, including with the support of the Eurydice network or activities of other relevant organisations, and the support to the Bologna Process;

(b)Union tools and measures that foster the quality, transparency and recognition of competences, skills and qualifications (30);

(c)policy dialogue and cooperation with relevant stakeholders, including Union-wide networks, European organisations and international organisations in the field of education and training;

(d)measures that contribute to the high-quality and inclusive implementation of the Programme;

(e)cooperation with other Union instruments and support to other Union policies;

(f)dissemination and awareness-raising activities about European policy outcomes and priorities and about the Programme.

Article 8

Jean Monnet actions

The Programme shall support teaching, learning, research and debates on European integration matters, including on the Union’s future challenges and opportunities, through the following actions:

(a)the Jean Monnet action in the field of higher education;

(b)the Jean Monnet action in other fields of education and training;

(c)support to the following institutions pursuing an aim of European interest: the European University Institute, Florence, including its School of Transnational Governance; the College of Europe (Bruges and Natolin campuses); the European Institute of Public Administration, Maastricht; the Academy of European Law, Trier; the European Agency for Special Needs and Inclusive Education, Odense; and the International Centre for European Training, Nice.

CHAPTER III - YOUTH


Article 9

Key action 1 Learning mobility

1. In the field of youth, the Programme shall support the following actions under key action 1:

(a)the learning mobility of young people;

(b)youth participation activities;

(c)DiscoverEU activities;

(d)the learning mobility of youth workers.

2. The actions under paragraph 1 may be accompanied by virtual learning and measures such as language support, preparatory visits, training and virtual cooperation. Learning mobility may be replaced by virtual learning for those persons who are unable to participate in learning mobility.

Article 10

Key action 2 Cooperation among organisations and institutions

In the field of youth, the Programme shall support the following actions under key action 2:

(a)partnerships for cooperation and exchange of practices, including small-scale partnerships to foster wider and more inclusive access to the Programme;

(b)partnerships for innovation to strengthen Europe’s innovation capacity;

(c)user-friendly online platforms and tools for virtual cooperation.

Article 11

Key action 3 Support to policy development and cooperation

In the field of youth, the Programme shall support the following actions under key action 3:

(a)the preparation and implementation of the Union policy agenda on youth, with the support, as relevant, of the Youth Wiki network;

(b)Union tools and measures that foster the quality, transparency and recognition of competences and skills, in particular through Youthpass;

(c)policy dialogue and cooperation with relevant stakeholders, including Union-wide networks, European organisations and international organisations in the field of youth, the EU Youth Dialogue, and support to the European Youth Forum;

(d)measures that contribute to the high-quality and inclusive implementation of the Programme, including support for the Eurodesk Network;

(e)cooperation with other Union instruments and support to other Union policies;

(f)dissemination and awareness-raising activities about European policy outcomes and priorities and about the Programme.

CHAPTER IV - SPORT


Article 12

Key action 1 Learning mobility

1. In the field of sport, the Programme shall support the learning mobility of sport staff under key action 1.

2. Learning mobility under this Article may be accompanied by virtual learning and measures such as language support, preparatory visits, training and virtual cooperation. Learning mobility may be replaced by virtual learning for those persons who are unable to participate in learning mobility.

Article 13

Key action 2 Cooperation among organisations and institutions

In the field of sport, the Programme shall support the following actions under key action 2:

(a)partnerships for cooperation and exchange of practices, including small-scale partnerships to foster wider and more inclusive access to the Programme;

(b)not-for-profit sport events aimed at further developing the European dimension of sport and promoting issues of relevance to grassroots sport.

Article 14

Key action 3 Support to policy development and cooperation

In the field of sport, the Programme shall support the following actions under key action 3:

(a)the preparation and implementation of the Union policy agenda on sport and physical activity;

(b)policy dialogue and cooperation with relevant stakeholders, including European organisations and international organisations in the field of sport;

(c)measures that contribute to the high-quality and inclusive implementation of the Programme;

(d)cooperation with other Union instruments and support to other Union policies;

(e)dissemination and awareness-raising activities about European policy outcomes and priorities and about the Programme.

CHAPTER V - INCLUSION


Article 15

Inclusion strategy

The Commission shall, by 29 November 2021, develop a framework of inclusion measures to increase participation rates among people with fewer opportunities, as well as guidance for the implementation of such measures. That guidance shall be updated as necessary over the duration of the Programme. Based on the framework of inclusion measures, and with particular attention to the specific Programme access challenges within the national contexts, inclusion action plans shall be developed and shall form an integral part of the national agencies’ work programmes. The Commission shall monitor the implementation of those inclusion action plans on a regular basis.

Article 16

Financial support measures for inclusion

1. The Commission shall, where relevant, ensure that financial support measures, including pre-financing, are put in place to facilitate the participation of people with fewer opportunities, in particular of those whose participation is impeded for financial reasons. The level of support shall be based on objective criteria.

2. In order to improve access for people with fewer opportunities and ensure the smooth implementation of the Programme, the Commission shall, where necessary, adjust or authorise the national agencies to adjust the grants to support learning mobility under the Programme.

3. The costs of measures to facilitate or support inclusion shall not justify the rejection of an application under the Programme.

CHAPTER VI - FINANCIAL PROVISIONS


Article 17

Budget

1. The financial envelope for the implementation of the Programme for the period from 2021 to 2027 shall be EUR 24 574 000 000 in current prices.

2. As a result of the Programme-specific adjustment provided for in Article 5 of Regulation (EU, Euratom) 2020/2093, the amount set out in paragraph 1 of this Article shall be increased by an additional allocation of EUR 1 700 000 000 in constant 2018 prices as specified in Annex II to that Regulation.

3. The indicative distribution of the amount set out in paragraph 1 shall be:

(a)EUR 20 396 420 000, representing 83 % of the amount set out in paragraph 1 of this Article, to actions in the field of education and training as referred to in Articles 5 to 8, allocated as follows:

(i)at least EUR 7 057 161 320, representing 34,6 % of the total amount set out in point (a) of this paragraph, to actions as referred to in point (a) of Article 5(1) and to actions as referred to in point (a) of Article 6 carried out in the field of higher education;

(ii)at least EUR 4 385 230 300, representing 21,5 % of the total amount set out in point (a) of this paragraph, to actions as referred to in point (b) of Article 5(1) and to actions as referred to in point (a) of Article 6 carried out in the field of vocational education and training;

(iii)at least EUR 3 100 255 840, representing 15,2 % of the total amount set out in point (a) of this paragraph, to actions as referred to in point (c) of Article 5(1) and to actions as referred to in point (a) of Article 6 carried out in the field of school education;

(iv)at least EUR 1 182 992 360, representing 5,8 % of the total amount set out in point (a) of this paragraph, to actions as referred to in point (d) of Article 5(1) and to actions as referred to in point (a) of Article 6 carried out in the field of adult education;

(v)at least EUR 367 135 560, representing 1,8 % of the total amount set out in point (a) of this paragraph, to Jean Monnet actions as referred to in Article 8;

(vi)at least EUR 3 467 391 400, representing 17 % of the total amount set out in point (a) of this paragraph, to actions that are primarily directly managed and to horizontal activities as referred to in Article 5(2), points (b), (c) and (d) of Article 6 and in Article 7;

(vii)EUR 836 253 220, representing 4,1 % of the total amount set out in point (a) of this paragraph, for a margin of flexibility that can be used to support any of the actions referred to in Chapter II;

(b)EUR 2 531 122 000, representing 10,3 % of the amount set out in paragraph 1 of this Article, to actions in the field of youth as referred to in Articles 9, 10 and 11;

(c)EUR 466 906 000, representing 1,9 % of the amount set out in paragraph 1 of this Article, to actions in the field of sport as referred to in Articles 12, 13 and 14;

(d)at least EUR 810 942 000, representing 3,3 % of the amount set out in paragraph 1 of this Article, as a contribution to the operational costs of the national agencies; and

(e)EUR 368 610 000, representing 1,5 % of the amount set out in paragraph 1 of this Article, for Programme support.

4. The additional allocation in paragraph 2 shall be implemented in accordance with the indicative distribution set out in paragraph 3, on a pro-rata basis.

5. In addition to the amounts set out in paragraphs 1 and 2 of this Article, and in order to promote the international dimension of the Programme, an additional financial contribution shall be made available from a Regulation of the European Parliament and of the Council establishing the Neighbourhood, Development and International Cooperation Instrument – Global Europe, amending and repealing Decision No 466/2014/EU of the European Parliament and of the Council and repealing Regulation (EU) 2017/1601 of the European Parliament and of the Council and Council Regulation (EC, Euratom) No 480/2009 and from a Regulation of the European Parliament and of the Council establishing the Instrument for Pre-accession Assistance (IPA III) to support actions implemented and managed in accordance with this Regulation. That contribution shall be financed in accordance with the Regulations establishing those instruments.

6. The funds that are to be managed by national agencies shall be allocated on the basis of the population of and cost of living in the Member State concerned, the distance between capitals of Member States and performance. The Commission shall further specify those criteria and their underlying formulae in the work programmes referred to in Article 22. Those formulae shall, as far as possible, avoid substantial reductions in the annual budget allocated to Member States from one year to the next and shall minimise excessive imbalances in the level of funds allocated. Funds shall be allocated based on performance in order to promote an efficient and effective use of resources. The criteria used to measure performance shall be based on the most recent data available.

7. The amounts set out in paragraphs 1 and 2 may be used for technical and administrative assistance for the implementation of the Programme, such as preparatory, monitoring, control, audit and evaluation activities, including corporate information technology systems.

8. Resources allocated to Member States under shared management may, at the request of the Member State concerned, be transferred to the Programme subject to the conditions set out in Article 26 of a Regulation of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (the ‘Common Provisions Regulation for 2021-2027’). The Commission shall implement those resources directly in accordance with point (a) of the first subparagraph of Article 62(1) of the Financial Regulation or indirectly in accordance with point (c) of that subparagraph. Those resources shall be used for the benefit of the Member State concerned.

Article 18

Forms of Union funding and methods of implementation

1. The Programme shall be implemented, in a consistent manner, under direct management in accordance with point (a) of the first subparagraph of Article 62(1) of the Financial Regulation or under indirect management with bodies as referred to in point (c) of the first subparagraph of Article 62(1) of that Regulation.

2. The Programme may provide funding in any of the forms laid down in the Financial Regulation, in particular grants, prizes and procurement.

3. Contributions to a mutual insurance mechanism may cover the risk associated with the recovery of funds due by recipients and shall be considered a sufficient guarantee under the Financial Regulation. Article 37(7) of Regulation (EU) 2021/695 shall apply.

CHAPTER VII - PARTICIPATION IN THE PROGRAMME


Article 19

Third countries associated to the Programme

1. The Programme shall be open to the participation of the following third countries:

(a)members of the European Free Trade Association which are members of the European Economic Area, in accordance with the conditions laid down in the Agreement on the European Economic Area;

(b)acceding countries, candidate countries and potential candidates, in accordance with the general principles and general terms and conditions for the participation of those countries in Union programmes established in the respective framework agreements and Association Council decisions or in similar agreements, and in accordance with the specific conditions laid down in agreements between the Union and those countries;

(c)European Neighbourhood Policy countries, in accordance with the general principles and general terms and conditions for the participation of those countries in Union programmes established in the respective framework agreements and Association Council decisions or in similar agreements, and in accordance with the specific conditions laid down in agreements between the Union and those countries;

(d)other third countries, in accordance with the conditions laid down in a specific agreement covering the participation of the third country in any Union programme, provided that the agreement:

(i)ensures a fair balance as regards the contributions and benefits of the third country participating in the Union programmes;

(ii)lays down the conditions of participation in the programmes, including the calculation of financial contributions to individual programmes, and their administrative costs;

(iii)does not confer on the third country any decision-making power in respect of the Union programme;

(iv)guarantees the rights of the Union to ensure sound financial management and to protect its financial interests.

The contributions referred to in point (d)(ii) of the first subparagraph shall constitute assigned revenues in accordance with Article 21(5) of the Financial Regulation.

2. Countries listed in paragraph 1 may only participate in the Programme in its entirety and provided that they fulfil all the obligations which this Regulation imposes on Member States.

Article 20

Third countries not associated to the Programme

In duly justified cases in the Union’s interest, the Programme actions referred to in Articles 5 to 7, points (a) and (b) of Article 8 and Articles 9 to 14 may also be open to the participation of legal entities from third countries not associated to the Programme.

Article 21

Rules applicable to direct and indirect management

1. The Programme shall be open to the participation of public and private legal entities active in the fields of education and training, youth and sport.

2. For selections under both direct and indirect management, members of the evaluation committee may be external experts, as provided for in the third subparagraph of Article 150(3) of the Financial Regulation.

3. Public legal entities, and institutions and organisations in the fields of education and training, youth and sport that have received over 50 % of their annual revenue from public sources over the last two years, shall be considered as having the necessary financial, professional and administrative capacity to carry out activities under the Programme. They shall not be required to present further documentation to demonstrate that capacity.

4. The Commission may launch joint calls with third countries not associated to the Programme or with their organisations and agencies to finance projects on the basis of matching funds. Projects may be evaluated and selected through joint evaluation and selection procedures to be agreed upon by the funding organisations or agencies involved, in compliance with the principles set out in the Financial Regulation.

CHAPTER VIII - PROGRAMMING, MONITORING AND EVALUATION


Article 22

Work programme

The Programme shall be implemented by means of work programmes as referred to in Article 110 of the Financial Regulation. Work programmes shall give an indication of the amount allocated to each action and of the distribution of funds between the Member States and third countries associated to the Programme for the actions to be managed by the national agency. The Commission shall adopt work programmes by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34.

Article 23

Monitoring and reporting

1. Indicators to report on the progress of the Programme towards the achievement of the general and specific objectives laid down in Article 3 are set out in Annex II.

2. To ensure the effective assessment of the Programme’s progress towards the achievement of its objectives, the Commission is empowered to adopt delegated acts in accordance with Article 33 to amend, where necessary, Annex II with regard to the indicators in line with the objectives of the Programme as well as to supplement this Regulation with provisions on the establishment of a monitoring and evaluation framework.

3. The performance reporting system shall ensure that data for monitoring Programme implementation and for evaluation are collected efficiently, effectively, in a timely manner and at the appropriate level of detail.

To that end, proportionate reporting requirements shall be imposed on beneficiaries of Union funds and, where appropriate, on Member States.

Article 24

Evaluation

1. Evaluations shall be carried out in a timely manner to feed into the decision-making process.

2. Once sufficient information about the implementation of the Programme is available, but no later than 31 December 2024, the Commission shall perform an interim evaluation of the Programme. That interim evaluation shall be accompanied by a final evaluation of the 2014-2020 Programme, which shall feed into the interim evaluation. The interim evaluation of the Programme shall assess the overall effectiveness and performance of the Programme, including as regards new initiatives and the delivery of inclusion and simplification measures.

3. Without prejudice to the requirements set out in Chapter X and the obligations of national agencies set out in Article 27, Member States shall submit to the Commission, by 31 May 2024, a report on the implementation and the impact of the Programme in their respective territories.

4. Where appropriate, and on the basis of the interim evaluation, the Commission shall put forward a legislative proposal to amend this Regulation.

5. At the end of the implementation period, but no later than 31 December 2031, the Commission shall carry out a final evaluation of the results and impact of the Programme.

6. The Commission shall transmit any evaluations carried out under this Article, including the interim evaluation, accompanied by its observations, to the European Parliament, to the Council, to the European Economic and Social Committee and to the Committee of the Regions.

CHAPTER IX - INFORMATION, COMMUNICATION AND DISSEMINATION


Article 25

Information, communication and dissemination

1. In cooperation with the Commission, the national agencies shall develop a consistent strategy with regard to effective outreach and to the dissemination and exploitation of the results of activities supported under the actions they manage within the Programme. The national agencies shall assist the Commission in its general task of disseminating information concerning the Programme, including information in respect of actions and activities managed at national and Union level, and its results. National agencies shall inform relevant target groups about the actions and activities undertaken in their respective countries.

2. The recipients of Union funding shall acknowledge the origin of those funds and ensure the visibility of the Union funding, in particular when promoting the actions and their results, by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public.

3. The legal entities within the sectors covered by the Programme shall use the brand name ‘Erasmus+’ for the purposes of communicating and disseminating information relating to the Programme.

4. The Commission shall implement information and communication actions relating to the Programme, to actions taken pursuant to the Programme and to the results obtained. The Commission shall ensure that, where relevant, Programme results are made publicly available and are widely disseminated in order to promote exchange of best practices among stakeholders and Programme beneficiaries.

5. Financial resources allocated to the Programme shall also contribute to the corporate communication of the political priorities of the Union, insofar as those priorities are related to the objectives laid down in Article 3.

CHAPTER X - MANAGEMENT AND AUDIT SYSTEM


Article 26

National authority

1. By 29 June 2021, the Member States shall notify the Commission, by way of a formal notification transmitted by their Permanent Representation, of the person or persons legally authorised to act on their behalf as the national authority for the purposes of this Regulation. Where a national authority is replaced over the course of the Programme, the Member State concerned shall notify the Commission thereof immediately in accordance with the same procedure.

2. The Member States shall take all necessary and appropriate measures to remove any legal and administrative obstacles to the proper functioning of the Programme, including, where possible, measures aimed at resolving issues that give rise to difficulties in obtaining visas or residence permits.

3. By 29 August 2021, the national authority shall designate a national agency for the duration of the Programme. A national authority shall not designate a ministry as a national agency. National authorities may designate more than one national agency. In cases where there is more than one national agency, Member States shall establish an appropriate mechanism to coordinate the management of the implementation of the Programme at national level, particularly with a view to ensuring coherent and cost-efficient implementation of the Programme and effective contact with the Commission in that respect, and to facilitating the possible transfer of funds between national agencies, thereby allowing for flexibility and better use of funds allocated to Member States. Each Member State shall determine how it organises the relationship between its national authority and the national agency, including tasks such as the establishment of the national agency’s work programme. The national authority shall provide the Commission with an appropriate ex ante compliance assessment that the national agency complies with point (c)(v) or (vi) of the first subparagraph of Article 62(1) and with Article 154(1) to (5) of the Financial Regulation and with the Union requirements for internal control standards for national agencies and rules for the management of programme funds for grant support.

4. The national authority shall designate an independent audit body as referred to in Article 29.

5. The national authority shall base its ex ante compliance assessment on its own controls and audits or on controls and audits undertaken by the independent audit body referred to in Article 29. Where the national agency designated for the Programme is the same as the national agency designated for the 2014-2020 Programme, the scope of the ex ante compliance assessment shall be limited to the requirements that are new and specific to the Programme, unless otherwise justified.

6. In the event that the Commission rejects the designation of the national agency based on its evaluation of the ex ante compliance assessment, or if the national agency does not comply with the minimum requirements set by the Commission, the national authority shall ensure that the necessary remedial steps are taken to ensure that the national agency complies with the minimum requirements, or shall designate another body as national agency.

7. The national authority shall monitor and supervise the management of the Programme at national level. It shall inform and consult the Commission in due time prior to taking any decision that may have a significant impact on the management of the Programme, in particular regarding its national agency.

8. The national authority shall provide adequate co-financing for the operations of its national agency to ensure that the Programme is managed in compliance with the applicable Union rules.

9. Based on the national agency’s yearly management declaration, the independent audit opinion thereon and the Commission’s analysis of the national agency’s compliance and performance, the national authority shall, each year, provide the Commission with information concerning its monitoring and supervision activities in relation to the Programme.

10. The national authority shall take responsibility for the proper management of the Union funds transferred by the Commission to the national agency in the framework of the Programme.

11. In the event of any irregularity, negligence or fraud attributable to the national agency, or any serious shortcomings or underperformance on the part of the national agency, where this gives rise to claims by the Commission against the national agency, the national authority shall reimburse the Commission for the funds not recovered.

12. In the circumstances referred to in paragraph 11, the national authority may, on its own initiative or upon request from the Commission, revoke the mandate of the national agency. Where the national authority wishes to revoke that mandate for any other justified reason, it shall notify the Commission of the revocation at least six months before the envisaged date of termination of the mandate of the national agency. In such cases, the national authority and the Commission shall formally agree on specific and timed transition measures.

13. In the event of revocation as referred to in paragraph 12, the national authority shall carry out the necessary controls regarding the Union funds entrusted to the national agency whose mandate has been revoked and shall ensure that those funds and all documents and management tools required for the management of the Programme are transferred to the new national agency in an unimpeded manner. The national authority shall provide the national agency whose mandate has been revoked with the necessary financial support to continue to meet its contractual obligations vis-à-vis the beneficiaries of the Programme and the Commission pending the transfer of those obligations to a new national agency.

14. Upon request from the Commission, the national authority shall designate the institutions or organisations, or the types of such institutions and organisations, to be considered eligible to participate in specific Programme actions in its territory.

Article 27

National agency

1. The national agency shall:

(a)have legal personality or be part of a legal entity which has legal personality, and be governed by the law of the Member State concerned;

(b)have the adequate management capacity, staff and infrastructure to fulfil its tasks satisfactorily, ensuring efficient and effective management of the Programme and sound financial management of Union funds;

(c)have the operational and legal means to apply the administrative, contractual and financial management rules laid down at Union level;

(d)offer adequate financial guarantees, issued preferably by a public authority, corresponding to the level of Union funds it is called upon to manage.

2. The national agency shall be responsible for managing all stages of the project lifecycle of the actions it manages as set out in work programmes as referred to in Article 22 of this Regulation, in accordance with point (c) of the first subparagraph of Article 62(1) of the Financial Regulation.

3. The national agency shall have the requisite expertise to cover all sectors of the Programme. Where a Member State or third country associated to the Programme has more than one national agency, those national agencies shall collectively have the requisite expertise to cover all sectors of the Programme.

4. The national agency shall issue grant support to beneficiaries within the meaning of point (5) of Article 2 of the Financial Regulation by way of a grant agreement as specified by the Commission for the Programme action concerned.

5. The national agency shall report each year to its national authority and the Commission in accordance with Article 155 of the Financial Regulation. The national agency shall be in charge of implementing the observations issued by the Commission following its analysis of the yearly management declaration and of the independent audit opinion thereon.

6. The national agency shall not, without prior written authorisation from the national authority and the Commission, delegate to a third party any task related to the Programme or budget implementation conferred on it. The national agency shall retain sole responsibility for any tasks delegated to a third party.

7. Where the mandate of a national agency is revoked, that national agency shall remain legally responsible for meeting its contractual obligations vis-à-vis the beneficiaries of the Programme and the Commission pending the transfer of those obligations to a new national agency.

8. The national agency shall be in charge of managing and winding up the financial agreements relating to the 2014-2020 Programme that are still open at the beginning of the Programme.

Article 28

European Commission

1. On the basis of the compliance requirements for national agencies referred to in Article 26(3), the Commission shall review the national management and control systems, in particular on the basis of the ex ante compliance assessment provided to it by the national authority, the national agency’s yearly management declaration and the opinion of the independent audit body thereon, taking due account of the yearly information provided by the national authority on its monitoring and supervision activities with regard to the Programme.

2. Within two months of receipt from the national authority of the ex ante compliance assessment referred to in Article 26(3), the Commission shall accept, conditionally accept or reject the designation of the national agency. The Commission shall not enter into a contractual relationship with the national agency until it has accepted the ex ante compliance assessment. In the event of conditional acceptance, the Commission may apply proportionate precautionary measures to its contractual relationship with the national agency.

3. Each year, the Commission shall make the following Programme funds available to the national agency:

(a)funds for grant support in the Member State concerned for the Programme actions the management of which is entrusted to the national agency;

(b)a financial contribution in support of the national agency’s Programme management tasks, which shall be established on the basis of the amount of Union funds for grant support entrusted to the national agency;

(c)if relevant, additional funds for measures under point (d) of Article 7, point (d) of Article 11 and point (c) of Article 14.

4. The Commission shall set the requirements for the national agency’s work programme. The Commission shall not make Programme funds available to the national agency until the Commission has formally approved the national agency’s work programme.

5. After assessing the yearly management declaration and the opinion of the independent audit body thereon, the Commission shall address its opinion and observations thereon to the national agency and the national authority.

6. In the event that the Commission cannot accept the yearly management declaration or the independent audit opinion thereon, or in the event of unsatisfactory implementation by the national agency of the Commission’s observations, the Commission may implement any precautionary and corrective measures necessary to safeguard the Union’s financial interests in accordance with Article 131 of the Financial Regulation.

7. The Commission, in cooperation with the national agencies, shall ensure that procedures put in place to implement the Programme are consistent and simple and that information is of high quality. In that regard, regular meetings shall be organised with the network of national agencies in order to ensure consistent implementation of the Programme across all Member States and all third countries associated to the Programme.

8. The Commission shall ensure that the information technology systems necessary to implement the Programme objectives laid down in Article 3, in particular under indirect management, are developed in an appropriate and timely manner and in such a way as to provide easy access and to be user-friendly. The Programme shall support the development, operation and maintenance of such information technology systems.

Article 29

Independent audit body

1. The independent audit body shall issue an audit opinion on the yearly management declaration as referred to in Article 155(1) of the Financial Regulation. It shall form the basis of the overall assurance pursuant to Article 127 of the Financial Regulation.

2. The independent audit body shall:

(a)have the necessary professional competence to carry out public sector audits;

(b)ensure that its audits take account of internationally accepted audit standards;

(c)not be in a position of conflict of interest with regard to the legal entity of which the national agency forms part; in particular, the independent audit body shall be independent, in terms of its functions, of the legal entity of which the national agency forms part.

3. The independent audit body shall give the Commission and its representatives and the Court of Auditors full access to all documents and reports in support of the audit opinion that it issues on the national agency’s yearly management declaration.

Article 30

Principles of the control system

1. The Commission shall take appropriate measures to ensure that, when actions financed under this Regulation are implemented, the financial interests of the Union are protected by the application of preventive measures against fraud, corruption and any other illegal activities, by effective controls and, if irregularities are detected, by the recovery of the amounts wrongly paid and, where appropriate, by effective, proportionate and dissuasive administrative and financial penalties.

2. The Commission shall be responsible for the supervisory controls with regard to the Programme actions and activities managed by the national agencies. It shall set the minimum requirements for the controls by the national agency and the independent audit body.

3. The national agency shall be responsible for the primary controls of grant beneficiaries for the actions it manages as set out in work programmes as referred to in Article 22. Those controls shall give reasonable assurance that the grants awarded are used as intended and in compliance with the applicable Union rules.

4. With regard to the Programme funds transferred to the national agencies, the Commission shall ensure proper coordination of its controls with the national authorities and the national agencies, on the basis of the single audit principle and following a risk-based analysis. This paragraph shall not apply to investigations carried out by OLAF.

Article 31

Protection of the financial interests of the Union

Where a third country participates in the Programme by means of a decision adopted pursuant to an international agreement or on the basis of any other legal instrument, the third country shall grant the necessary rights and access required for the authorising officer responsible, OLAF and the Court of Auditors to comprehensively exercise their respective competences. In the case of OLAF, such rights shall include the right to carry out investigations, including on-the-spot checks and inspections, as provided for in Regulation (EU, Euratom) No 883/2013.

CHAPTER XI - COMPLEMENTARITY


Article 32

Cumulative and alternative financing

1. The Programme shall be implemented so as to ensure its overall consistency and complementarity with other relevant Union policies, programmes and funds, in particular those relating to education and training, culture and the media, youth and solidarity, employment and social inclusion, research and innovation, industry and enterprise, digital policy, agriculture and rural development, environment and climate, cohesion, regional policy, migration, security and international cooperation and development.

2. An action that has received a contribution under the Programme may also receive a contribution from another Union programme, provided that the contributions do not cover the same costs. The rules of the relevant Union programme shall apply to the corresponding contribution to the action. The cumulative financing shall not exceed the total eligible costs of the action. The support from the different Union programmes may be calculated on a pro-rata basis in accordance with the documents setting out the conditions for support.

3. Project proposals may receive support from the European Regional Development Fund or the European Social Fund Plus, in accordance with Article 73(4) of the Common Provisions Regulation for 2021-2027, where they have been awarded a Seal of Excellence label under this Programme by virtue of complying with the following cumulative conditions:

(a)they have been assessed in a call for proposals under the Programme;

(b)they comply with the minimum quality requirements of that call for proposals; and

(c)they cannot be financed under that call for proposals due to budgetary constraints.

CHAPTER XII - TRANSITIONAL AND FINAL PROVISIONS


Article 33

Exercise of the delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2. The power to adopt delegated acts referred to in Articles 3 and 23 shall be conferred on the Commission for the duration of the Programme.

3. The delegation of power referred to in Articles 3 and 23 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6. A delegated act adopted pursuant to Articles 3 and 23 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Article 34

Committee procedure

1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2. The committee may meet in specific configurations to deal with sectoral issues. Where appropriate, in accordance with its rules of procedure and on an ad hoc basis, external experts, including representatives of the social partners, may be invited to participate in its meetings as observers.

3. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Article 35

Repeal

Regulation (EU) No 1288/2013 is repealed with effect from 1 January 2021.

Article 36

Transitional provisions

1. This Regulation shall not affect the continuation of or modification of actions initiated pursuant to Regulation (EU) No 1288/2013, which shall continue to apply to those actions until their closure.

2. The financial envelope for the Programme may also cover the technical and administrative assistance expenses necessary to ensure the transition between the Programme and the measures adopted pursuant to Regulation (EU) No 1288/2013.

3. In accordance with point (a) of the second subparagraph of Article 193(2) of the Financial Regulation, and by way of derogation from Article 193(4) of that Regulation, in duly justified cases specified in the financing decision, activities supported under this Regulation and the underlying costs incurred in 2021 may be considered eligible as of 1 January 2021, even if those activities were implemented and those costs incurred before the grant application was submitted. The grant agreements for the operating grants of the 2021 financial year may exceptionally be signed within six months of the start of the beneficiary’s financial year.

4. If necessary, appropriations may be entered in the Union budget beyond 2027 to cover the expenses provided for in Article 17(7) in order to enable the management of actions and activities not completed by 31 December 2027.

5. Member States shall ensure, at national level, the unimpeded transition between the actions implemented under the 2014-2020 Programme and those to be implemented under the Programme.

Article 37

Entry into force

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2021.

This Regulation shall be binding in its entirety and directly applicable in all Member States.