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THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on the Functioning of the European Union, and in particular Article 165(4) and Article 166(4), in conjunction with Article 218(9) thereof,Having regard to the proposal from the European Commission,Whereas:
(1)The Union Programme for education and training, youth and sport (the ‘Erasmus+ Programme’) was established by Regulation (EU) 2021/817 of the European Parliament and of the Councilnote.
(2)Article 19 of Regulation (EU) 2021/817 sets out the conditions under which third countries can participate in the Erasmus+ Programme. In accordance with Article 19(1), point (d), of Regulation (EU) 2021/817, the specific conditions of such participation by the United Kingdom are to be laid down in an international agreement between the Union and the United Kingdom.
(3)The Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other partnote, (the ‘Trade and Cooperation Agreement’) was concluded by means of Council Decision (EU) 2021/689note and entered into force on 1 May 2021.
(4)Pursuant to Article 710(2) of the Trade and Cooperation Agreement, the Specialised Committee on Participation in Union Programmes established by Article 8(1), point (s), of the Trade and Cooperation Agreement (the ‘Specialised Committee’), is able to amend Protocol I to that Agreement, on Programmes and activities in which the United Kingdom participates (‘Protocol I’), including by adding new programmes or activities in which the United Kingdom is to participate and to which the United Kingdom is to contribute.
(5)Protocol I and its amendments form an integral part of the Trade and Cooperation Agreement.
(6)It is appropriate to establish the position to be taken on the Union’s behalf within the Specialised Committee with regard to the amendments to Protocol I,
HAS ADOPTED THIS DECISION:
Article 1#
The position to be taken on the Union’s behalf within the Specialised Committee on Participation in Union Programmes, established by Article 8(1), point (s), of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (the ‘Specialised Committee’), is set out in the draft Decision of the Specialised Committee attached to this Decision.
(1)Article 1 is amended as follows:
(a)the following paragraph is inserted:‘(1a)The United Kingdom shall participate in and contribute as of 1 January 2027 to the Union programme established by the following basic act:
(a)Regulation (EU) 2021/817 of the European Parliament and of the Councilnote (hereinafter referred to as the “Erasmus+ Programme”)
(b)paragraph 2 is replaced by the following:‘(2)With regard to the programmes referred to in paragraph 1, this Protocol shall not apply to award procedures which implement budgetary commitments for 2021, 2022 and 2023.’;
(c)the following paragraph is added:‘(3)With regard to the Erasmus+ Programme referred to in paragraph 1a, this Protocol shall not apply to award procedures which implement budgetary commitments for 2021, 2022, 2023, 2024, 2025 and 2026.’;
(2)Article 2 is amended as follows:
(a)paragraph 1 is replaced by the following:‘(1)The United Kingdom shall participate in the Union programmes and activities, or parts thereof, referred to in Article 1(1) of this Protocol from 1 January 2024 for their remaining duration or until the end of the multiannual financial framework 2021-2027, whichever is shorter.’;
(b)the following paragraph is inserted:‘(1a)The United Kingdom shall participate in the Erasmus+ Programme referred to in Article 1(1a) of this Protocol from 1 January 2027 for its remaining duration or until the end of the multiannual financial framework 2021-2027, whichever is shorter.’;
(c)paragraph 2 is replaced by the following:‘(2)The United Kingdom or United Kingdom entities shall be eligible under the conditions laid down in Article 711 of the Trade and Cooperation Agreement, with regard to Union award procedures, which implement the budgetary commitments of the programmes and activities or parts thereof, referred to in Article 1 of this Protocol, within the time limits set out in paragraph 1 and paragraph 1a of this Article.For the Union programmes and activities, or parts thereof, referred to in Article 1(1) of this Protocol, the United Kingdom or United Kingdom entities shall not be eligible for Union funding under Union award procedures which implement budgetary commitments for 2021, 2022 and 2023, without prejudice to the applicable eligibility rules for entities of non-associated countries laid down in the basic act or other rules pertaining to the implementation of the Union programme or activity.For the Erasmus+ Programme referred to in Article 1(1a) of this Protocol, the United Kingdom or United Kingdom entities shall not be eligible for Union funding under Union award procedures which implement budgetary commitments for 2021, 2022, 2023, 2024, 2025 and 2026, without prejudice to the applicable eligibility rules for entities of non-associated countries laid down in the basic act or other rules pertaining to the implementation of that Union programme.’;
(3)the following Articles are inserted:‘Article 6aSpecific terms and conditions of the United Kingdom’s participation in the Erasmus+ ProgrammeThe participation of the United Kingdom in the Erasmus+ Programme shall be conditional on the notification of a national authority, the designation of a national agency, and the designation of an independent audit body, in conformity with Articles 26, 27, 28 and 29 of Regulation (EU) 2021/817.The participation of the United Kingdom in the Erasmus+ Programme shall be subject to the European Commission accepting or conditionally accepting the ex-ante compliance assessment of the national agency, pursuant to Article 28(2) of Regulation (EU) 2021/817.Article 6bFinancial conditions for the United Kingdom’s participation in the Erasmus+ Programme(1)By derogation from Article 714(7) of the Trade and Cooperation Agreement, the contribution key to be applied in year 2027 for the calculation of the operational contribution for the participation in the Erasmus+ Programme, referred to in Article 1(1a) of this Protocol, shall be 70 % of the contribution key defined in Article 714(6) of the Trade and Cooperation Agreement.(2)In relation to the Erasmus+ Programme, referred to in Article 1(1a) of this Protocol, the references to the “contribution key of year N” in Article 714(8) of the Trade and Cooperation Agreement shall be understood as “70 % of the contribution key of year N”.Article 6cReview of the United Kingdom’s participation in the Erasmus+ Programme(1)Ten months after the start of the United Kingdom’s participation in the Erasmus+ Programme, referred to in Article 1(1a) of this Protocol, the Specialised Committee on Participation in Union Programmes shall review the implementation thereof on the basis of the available data concerning the participation of United Kingdom entities in actions under indirect and direct management under the Erasmus+ Programme, including the extent to which funds have been successfully allocated.(2)Following a request by either Party, the Specialised Committee on Participation in Union Programmes shall discuss changes or proposed changes affecting the terms of the United Kingdom’s participation in the Erasmus+ Programme, and if necessary, may propose appropriate measures within the scope of the Trade and Cooperation Agreement.(3)Each Party shall collect, retain and provide to the other Party information or data that is reasonable to perform this review.Article 6dStatistical cooperationAny statistical data on the United Kingdom for the purposes of the United Kingdom’s participation in the Erasmus+ Programme, in particular data on population of the United Kingdom, shall be provided by the Statistical Office of the European Union (Eurostat), as soon as the relevant exchanges of statistical data and related information are included in the scope of the Arrangement on Statistical Cooperation between the United Kingdom Statistics Authority and Eurostat referred to in Article 730 of the Trade and Cooperation Agreement. Before the updated terms apply, any statistical data on the United Kingdom for the purposes of the United Kingdom’s participation in the Erasmus+ Programme shall be established on the basis of data provided by the Organisation for Economic Cooperation and Development (OECD).’;
(4)Article 7 is replaced by the following:‘Article 7ReciprocityFor the purpose of this Article “Union entity” means any type of entity, whether a natural person, legal person or another type of entity, who resides or which is established in the Union.Eligible Union entities may participate in programmes of the United Kingdom equivalent to those referred in points (b) and (c) of Article 1(1) of this Protocol in accordance with United Kingdom law and rules.’.
Protocol I to the Trade and Cooperation Agreement is amended as follows:
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