Explanatory Memorandum to COM(2019)65 - Provisions for the continuation of ongoing learning mobility activities under Erasmus+ in the context of the withdrawal of the United Kingdom from the EU - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2019)65 - Provisions for the continuation of ongoing learning mobility activities under Erasmus+ in the context of the withdrawal of ... |
|---|---|
| source | COM(2019)65  |
| date | 30-01-2019 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
The United Kingdom of Great Britain and Northern Ireland ("United Kingdom") submitted on 29 March 2017 the notification of its intention to withdraw from the Union pursuant to Article 50 of the Treaty on European Union. This means that, if the Withdrawal Agreement is not ratified, the Unions’ primary and secondary law will cease to apply to the United Kingdom from 30 March 2019 (‘the withdrawal date’). The United Kingdom will then become a third country.
The European Council (Article 50) reiterated its call, on 13 December 2018, for work on preparedness at all levels on the consequences of the United Kingdom's withdrawal to be intensified, taking into account all possible outcomes. This act is part of a package of measures that the Commission is adopting in response to this call.
The Erasmus+ programme is an EU flagship initiative, probably one of the most successful programmes of the European Union. It has given more than 9 million young Europeans an opportunity for a learning mobility experience abroad since its start more than 30 years ago. It has created a whole generation of people who identify themselves with Europe. A generation of open-minded, confident and empowered people, who share Europe's common values and are contributing to building the knowledge base and resilience of Europe's economy and society.
Erasmus+ is supporting actions in the fields of education and training, youth and sport. It helps European countries to modernise and improve their education and training systems as well as their youth and sport policies, reinforcing their role as drivers for growth, employment, competitiveness, innovation and social cohesion. The programme provides almost 800 000 people per year with an opportunity to benefit from learning or training abroad. Mobility activities can have a duration of up to 12 months.
The programme is a key instrument for working towards a European Education Area by 2025, where young people receive the best education and training, where learning, studying and doing research would not be hampered by borders and where spending time in another Member state – to study, to learn, or to work – has become the standard. In the European Education Area people have a strong sense of their identity as Europeans, of Europe's cultural heritage and its diversity.
At the moment of withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union, there will be almost 14,000 EU-27 learners (students and trainees in higher education and vocational education and training, youth learners, educational staff) in the United Kingdom, and around 7,000 United Kingdom learners in EU-27.
If the Withdrawal Agreement is not ratified, it would mean that the current EU-27 and UK Erasmus+ participants would have to interrupt their learning mobility activities. Many students would lose their academic credits and could be obliged to repeat their academic semester or year. This would be a very disruptive impact for students themselves as well as for their sending and hosting institutions.
This proposal aims to put in place contingency measures to avoid the disruption of Erasmus+ learning mobility activities involving the United Kingdom at the time of its withdrawal from the European Union. These measures will be applied to Erasmus+ ongoing learning mobility activities starting before the date on which the Treaties cease to apply to and in the United Kingdom.
• Consistency with existing policy provisions in the policy area
This proposal aims at the continuation of existing programmes.
• Consistency with other Union policies
This proposal is fully consistent with the Council mandate for the negotiations with the United Kingdom on its withdrawal from the Union.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
Article 165 and 166 TFEU
• Subsidiarity (for non-exclusive competence)
The proposed act aims at ensuring the partial continuation of the Erasmus+ programme, which is governed by Regulation (EU) No 1288/2013 as amended by Regulation (EU) 2018/1475. The compliance with the subsidiarity principle of this programme has already been examined at the time of the adoption of the latter.
• Proportionality
The proposal is considered proportionate as it provides for the necessary legal change and at the same time does not go beyond what is necessary to achieve the orderly continuation of the ongoing mobility actions already granted under the framework of the Erasmus+ programme.
• Choice of the instrument
Given that the act builds on Regulation (EU) No 1288/2013, proposing a regulation is the only adequate form.
Due to the fact that this Regulation - which shall enter into force on the day following that of its publication in the Official Journal of the European Union - will only apply if a withdrawal agreement concluded with the United Kingdom in accordance with Article 50 i of the Treaty on European Union has not entered into force by the date the Treaties cease to apply to and in the United Kingdom, the proposed ad hoc act is more appropriate than a Regulation in the form of an amending act.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• Stakeholder consultations
Due to the urgency of preparing the proposal, so that the co-legislators can adopt it on time, a stakeholder consultation could not be carried out.
• Impact assessment
Due to the nature of the proposed measure, no impact assessment was carried out, in line with the Better Regulation Guidelines. There are no other materially different policy options available. The envisaged measure represents the only viable policy option to ensure the orderly continuation of ongoing learning mobility activities involving the United Kingdom in the framework of the Erasmus+ programme, after the United Kingdom’s withdrawal from the Union.
4. BUDGETARY IMPLICATIONS
This proposal aims to ensure, if the Withdrawal Agreement is not ratified, the continuation of ongoing Erasmus+ learning mobility activities involving the United Kingdom, without modifying the amounts allocated to them and their financing.