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Article 2: Termination of the agreement

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Annex II

GENERAL CONDITIONS

Article 1: Liability

Each party of this agreement shall exonerate the other from any civil liability for damages suffered by him or his staff as a result of performance of this agreement, provided such damages are not the result of serious and deliberate misconduct on the part of the other party or his staff.

The National Agency of Portugal, the European Commission or their staff shall not be held liable in the event of a claim under the agreement relating to any damage caused during the execution of the mobility period. Consequently, the National Agency of Portugal or the European Commission shall not entertain any request for indemnity of reimbursement accompanying such claim.

Article 2: Termination of the agreement

In the event of failure by the participant to perform any of the obligations arising from the agreement, and regardless of the consequences provided for under the applicable law, the institution is legally entitled to terminate or cancel the agreement without any further legal formality where no action is taken by the participant within one month of receiving notification by registered letter.

If the participant terminates the agreement before its agreement ends or if he/she fails to follow the agreement in accordance with the rules, he/she shall have to refund the amount of the grant already paid, except if agreed differently with the institution.

In case of termination by the participant due to "force majeure", i.e. an unforeseeable exceptional situation or event beyond the participant's control and not attributable to error or negligence on his/her part, the participant shall be entitled to receive the amount of the grant corresponding to the actual duration of the mobility period as defined in article 2.2. Any remaining funds shall have to be refunded, except if agreed differently with the sending organisation.

Article 3: Data Protection

All personal data contained in the agreement shall be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by the EU institutions and bodies and on the free movement of such data. Such data shall be processed solely in connection with the implementation and follow-up of the agreement by the sending institution, the National Agency and the European Commission, without prejudice to the possibility of passing the data to the bodies responsible for inspection and audit in accordance with EU legislation (Court of Auditors or European Antifraud Office (OLAF)).

The participant may, on written request, gain access to his personal data and correct any information that is inaccurate or incomplete. He/she should address any questions regarding the processing of his/her personal data to the sending institution and/or the National Agency. The participant may lodge a complaint against the processing of his personal data with the [national supervising body for data protection] with regard to the use of these data by the sending institution, the National Agency, or to the European Data Protection Supervisor with regard to the use of the data by the European Commission.

Article 4: Checks and Audits

The parties of the agreement undertake to provide any detailed information requested by the European Commission, the National Agency of Portugal or by any other outside body authorised by the European Commission or the National Agency of Portugal to check that the mobility period and the provisions of the agreement are being properly implemented.

Student

Last name(s)

Learning Agreement Student Mobility for Studies

First name(s)

Date of birth

Nationality [i]

Sex [M/F]

Study cycle [ii]

Field of education [iii]

Sending Institution

Name

Faculty/Department

Erasmus code [iv] (if applicable)

Address

Country

Contact person name [v]; email; phone

Receiving Institution

Name

Faculty/ Department

Address

Country

Before the mobility

Study Programme at the Receiving Institution

Planned period of the mobility: from [month/year] ……………. to [month/year] ……………

Table A Before the mobility

Component^{^[vi]} code (if any)

Component title at the Receiving Institution
(as indicated in the course catalogue[vii])

Semester
[e.g. autumn/spring; term]

Number of ECTS credits (or equivalent) [viii] to be awarded by the Receiving Institution upon successful completion

Total: …

Web link to the course catalogue at the Receiving Institution describing the learning outcomes: [ web link to the relevant information ]

The level of language competence[ix] in ________ [ indicate here the main language of instruction ] that the student already has or agrees to acquire by the start of the study period is: A1 ☐ A2 ☐ B1 ☐ B2 ☐ C1 ☐ C2 ☐ Native speaker ☐

[i] Nationality: country to which the person belongs administratively and that issues the ID card and/or passport.

[ii] Study cycle: Short cycle (EQF level 5) / Bachelor or equivalent first cycle (EQF level 6) / Master or equivalent second cycle (EQF level 7) / Doctorate or equivalent third cycle (EQF level 8).

[iii] Field of education: The ISCED-F 2013 search tool available at http://ec.europa.eu/education/tools/isced-f_en.htm should be used to find the ISCED 2013 detailed field of education and training that is closest to the subject of the degree to be awarded to the student by the Sending Institution.

[iv] Erasmus code: a unique identifier that every higher education institution that has been awarded with the Erasmus Charter for Higher Education (ECHE) receives. It is only applicable to higher education institutions located in Programme Countries.

[v] Contact person: person who provides a link for administrative information and who, depending on the structure of the higher education institution, may be the departmental coordinator or works at the international relations office or equivalent body within the institution.

[vi] An " educational component " is a self-contained and formal structured learning experience that features learning outcomes, credits and forms of assessment. Examples of educational components are: a course, module, seminar, laboratory work, practical work, preparation/research for a thesis, mobility window or free electives.

[vii] Course catalogue: detailed, user-friendly and up-to-date information on the institution’s learning environment that should be available to students before the mobility period and throughout their studies to enable them to make the right choices and use their time most efficiently. The information concerns, for example, the qualifications offered, the learning, teaching and assessment procedures, the level of programmes, the individual educational components and the learning resources. The Course Catalogue should include the names of people to contact, with information about how, when and where to contact them.

[viii] ECTS credits (or equivalent): in countries where the "ECTS" system is not in place, in particular for institutions located in Partner Countries not participating in the Bologna process, "ECTS" needs to be replaced in the relevant tables by the name of the equivalent system that is used, and a web link to an explanation to the system should be added.

[ix] Level of language competence: a description of the European Language Levels (CEFR) is available at: https://europass.cedefop.europa.eu/en/resources/european-language-levels-cefr

BEFORE THE MOBILITY

Administrative data

Before the mobility, it is necessary to fill in page 1 with information on the student, the Sending and the Receiving Institutions. The three parties have to agree on this section to be completed before the mobility.

In case some administrative data is already available to the three parties, there is no need to repeat it in this template.

On page 1, most of the information related to the student, Sending and Receiving Institutions will have to be encoded in the Mobility Tool+ (for Capacity Building projects, in the EACEA Mobility Tool).

Educational components (Tables A and B)

The study programme includes the indicative start and end months of the agreed study programme that the student will carry out abroad.

The Learning Agreement must include all the educational components to be carried out by the student at the Receiving Institution (in Table A) and it must contain as well the group of educational components that will be replaced in his/her degree by the Sending Institution (in Table B) upon successful completion of the study programme abroad. It is necessary to fill in Tables A and B thoroughly before the mobility. Additional rows and columns can be added as needed. However, the two Tables A and B must be kept separated. The objective is to make clear that there is no need to have one-to-one correspondence between the components followed abroad and the ones replaced at the Sending Institution. The aim is rather that a group of learning outcomes achieved abroad replaces a group of learning outcomes at the Sending Institution.

In countries belonging to the European Higher Education Area (EHEA) an academic year of full-time study is normally made up of educational components totalling 60 ECTS credits. It is recommended that for mobility periods shorter than a full academic year, the educational components selected should equate to a roughly proportionate number of credits (or equivalent units in countries outside the EHEA). In case the student follows additional educational components beyond those required for his/her degree programme, these additional credits (or equivalent) must also be listed in the study programme outlined in Table A.

The Sending Institution should indicate in Table B the group of educational components counting towards the student’s degree that would normally be completed at the Sending Institution and which will be replaced by the Study Programme at the Receiving Institution. The total number of ECTS credits (or equivalent) in Table B should correspond to the total number of ECTS credits (or equivalent) contained in Table A. Any exception to this rule should be clearly stated in an annex of the Learning Agreement and agreed by all parties. Example of justification for a discrepancy in the total number of ECTS credits (or equivalent) between Table A and Table B: the student has already accumulated the number of credits required for his/her degree and does not need some of the credits gained abroad.

The group of components can be included in Table B as follows:

DURING THE MOBILITY

Name

Email Position New Responsible person at the Sending Institution

New Responsible person at the Receiving Institution

Confirming the Changes

All parties must approve the changes to the Learning Agreement. The European Commission would like to limit the use of paper for exchanging documents and it is therefore accepted to exchange information electronically, e.g. via email, scanned or digital signatures, etc. without the need of a paper signature. However, if national legislations or institutional regulations require paper signatures, a signature box should be added where needed.

AFTER THE MOBILITY

Transcript of Records at the Receiving Institution (Table C)

After the mobility, the Receiving Institution should send a Transcript of Records (Table C) to the student and to the Sending Institution within a period stipulated in the Inter-Institutional Agreement (normally within five weeks after publication/proclamation of the student’s results at the Receiving Institution). It can be provided electronically or through any other means accessible to the student and the Sending Institution.

The Transcript of Records from the Receiving Institution (Table C) should refer to the educational components agreed in Table A and, where applicable, in Table A2. Grade distribution information should be included (web link or annex).

The actual start and end dates of the study period should be included according to the following definitions:

The start date of the study period is the first day the student has been present at the Receiving Institution. For example, this could be the start date of the first course, a welcoming event organised by the Receiving Institution, an information

session for students with special needs, a language and intercultural course organised either by the Receiving Institution or other organisations (if the Sending Institution considers it relevant for the mobility).

The end date of the study period is the last day the student had to be present at the Receiving Institution, not his actual date of departure. This is, for example, the end of exams period, courses or mandatory sitting period.

Transcript of Records and Recognition [ix] at the Sending Institution (Table D)

Following the receipt of the Transcript of Records from the Receiving Institution, the Sending Institution should recognise the student’s academic outcomes successfully completed at the Receiving Institution. The Sending Institution should fully recognise the total number of ECTS credits (or equivalent) contained in Table B (and, if applicable, B2) and count them towards the student’s degree, without the need for the student to take any further courses or exams.

Where applicable, the Sending Institution will convert the grades received by the student abroad, taking into account the grade distribution information from the Receiving Institution (for higher education institutions from Programme Countries, see the methodology described in the ECTS Users' Guide[ix]). The European Commission encourages institutions to use the EGRACONS[ix] tool for this purpose.

The Sending Institution will provide a Transcript of Records (Table D) to the student or record the results in a database or any other means accessible to the student, normally within five weeks after having received the transcript of the Receiving Institution.

The student will be able to report on the recognition by the Sending Institution via the on-line EU survey or a complementary online survey.

Diploma Supplement: The information contained in the Transcript of Records from the Receiving Institution should also be included in the Diploma Supplement produced by the Sending Institution (at least for Sending Institutions located in Programme Countries), with the exact titles of the components that the student has followed abroad.

Annex II

GENERAL CONDITIONS

Article 1: Liability

Article 2: Termination of the agreement

Article 3: Data Protection