rijk/verdrag/verdrag-betreffende-de-automatische-erkenning-van-diplomas-in-het-hoger-onderwij/BWBV0006932

titel	bwb_id	type	status	datum_inwerkingtreding	bron	citeertitel
Verdrag betreffende de automatische erkenning van diploma’s in het hoger onderwijs	BWBV0006932	verdrag	geldend	2024-05-01	https://wetten.overheid.nl/BWBV0006932	Verdrag betreffende de automatische erkenning van diploma’s in het hoger onderwijs

Verdrag betreffende de automatische erkenning van diploma’s in het hoger onderwijs

Artikel 1

1. This Treaty aims to ensure that a higher education qualification issued in accordance with the legislation of one of the Parties, belonging to its higher education system and referenced to the European Qualifications Framework for lifelong learning (hereinafter referred to as “the EQF”), is automatically recognised at the same level of the corresponding higher education qualifications issued by all the other Parties.

2. This Treaty shall apply to the higher education qualifications that are issued in accordance with the legislation of the Parties and belong to their higher education systems, that are covered by Annex I to this Treaty and that comply with all the other conditions set out in this Treaty.

3.

This Treaty shall not apply to:

a) a) the recognition of the specific programmes of higher education qualifications in a particular field of study, b) b) the recognition of periods of study, c) c) the recognition of qualifications that do not belong to the higher education systems of the Parties, or d) d) the recognition of professional qualifications in accordance with Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, or in accordance with other relevant provisions adopted within the framework of the European Union.

With regard to such elements, this Treaty shall remain without prejudice to the relevant provisions and principles of the Lisbon Recognition Convention and its subsidiary texts, the relevant provisions adopted within the framework of the European Union and the relevant provisions of the legislation of the Parties.

Artikel 2

1.

For the purposes of this Treaty, the following terms shall have the following meaning:

a) a) “automatic recognition”: the automatic recognition, without any procedure, of a higher education qualification issued in accordance with the legislation of one of the Parties and belonging to its higher education system, at the same level of the corresponding higher education qualifications issued in accordance with the legislation of the other Parties; b) b) “corresponding higher education qualifications”: the higher education qualifications as listed in Annex I to this Treaty; c) c) As regards the level of higher education qualifications:

        (i)
        “Associate degree”: a short cycle higher education qualification issued in accordance with the legislation of one of the Parties and belonging to its higher education system, that relates to level 5 of the EQF;
      
      
        (ii)
        “Bachelor’s degree”: a first cycle higher education qualification issued in accordance with the legislation of one of the Parties and belonging to its higher education system, that relates to level 6 of the EQF;
      
      
        (iii)
        “Master’s degree”: a second cycle higher education qualification issued in accordance with the legislation of one of the Parties and belonging to its higher education system, that relates to level 7 of the EQF;
      
      
        (iv)
        “Doctoral degree”: a third cycle higher education qualification issued in accordance with the legislation of one of the Parties and belonging to its higher education system, that relates to level 8 of the EQF.

(i) (i) “Associate degree”: a short cycle higher education qualification issued in accordance with the legislation of one of the Parties and belonging to its higher education system, that relates to level 5 of the EQF; (ii) (ii) “Bachelor’s degree”: a first cycle higher education qualification issued in accordance with the legislation of one of the Parties and belonging to its higher education system, that relates to level 6 of the EQF; (iii) (iii) “Master’s degree”: a second cycle higher education qualification issued in accordance with the legislation of one of the Parties and belonging to its higher education system, that relates to level 7 of the EQF; (iv) (iv) “Doctoral degree”: a third cycle higher education qualification issued in accordance with the legislation of one of the Parties and belonging to its higher education system, that relates to level 8 of the EQF.

2. The terms used in this Treaty shall have the same definition as in the Lisbon Recognition Convention, unless incompatible with the provisions of this Treaty or the Annexes thereto.

Artikel 3

1. Within all Parties, automatic recognition shall apply to each higher education qualification issued in accordance with the legislation of one of the Parties, belonging to its higher education system and listed in Annex I, provided that the conditions laid down in Article 4 of this Treaty are met.

2. The automatic recognition pursuant to paragraph 1 of this Article shall occur without any further procedure.

Artikel 4

1.

Associate degrees shall benefit from automatic recognition pursuant to Article 3 of this Treaty, provided that all of the following conditions are met:

a) a) The minimum quality of the programmes that led to the Associate degree has been assured through its licencing by the competent authority of the Party where the degree was issued; b) b) The Associate degree has been awarded by a recognised institution and pertains to a recognised programme in higher education, in accordance with the legislation of the Party where the degree was issued, insofar as that institution and programme are covered by Annex II to this Treaty; c) c) The automatic recognition of Associate degrees shall only apply between Parties whose legislation provides for Associate degrees belonging to higher education, as from the moment that these Parties have declared that they automatically recognise such degrees. Such declarations shall be notified to the Depositary, who shall inform the other Parties thereof.

The absence of such a declaration on behalf of a Party shall remain without prejudice to any obligations for that Party towards another Party pursuant to other arrangements pertaining to the recognition of Associate degrees.

2.

Bachelor’s and Master’s degrees shall benefit from automatic recognition pursuant to Article 3 of this Treaty, provided that all of the following conditions are met:

a) a) The minimum quality of the programmes leading to the Bachelor’s or Master’s degree has been assured through its licensing by the competent authority of the Party where the degree was issued; b) b) The Bachelor’s or Master’s degree has been awarded by a recognised higher education institution and pertains to a recognised programme, in accordance with the legislation of the Party where the degree was issued, insofar as that institution and programme are covered by Annex III to this Treaty.

3. Doctoral degrees shall benefit from automatic recognition pursuant to Article 3 of this Treaty, provided that the Doctoral degree has been awarded by a higher education institution or another body authorised for this purpose in accordance with the legislation of the Party where the Doctoral degree was issued, insofar as that institution or body is covered by Annex IV to this Treaty.

Artikel 5

1. Where, in exceptional circumstances, automatic recognition pursuant to Article 3 of this Treaty causes, or threatens to cause, substantial difficulties for the higher education system of a Party, that Party may take safeguard measures with regard to the qualification or qualifications concerned, provided that such measures are strictly necessary and that they remain without prejudice to the relevant provisions and principles of the Lisbon Recognition Convention and its subsidiary texts, the relevant provisions of other applicable arrangements and the relevant provisions of the legislation of the Party concerned.

2. As soon as a Party takes safeguard measures pursuant to paragraph 1 of this Article, it shall liaise with the Party or Parties where the qualification or qualifications concerned have been issued, in order to resolve the situation. It shall also notify these measures to the Depositary, who shall inform all other Parties thereof.

3. All Parties shall at all times remain vigilant to avoid any misuse of the present Treaty, in particular to prevent that recognition decisions taken prior to the entry into force of this Treaty would be overridden. In the event of known abuse, the Party concerned shall take all necessary measures in order to exclude the related cases from the application of the present Treaty. That Party shall also notify these cases to the Depositary, who shall inform all other Parties thereof.

Artikel 6

1. The Parties shall make information about this Treaty and its effects widely available to the general public. Information about this Treaty, including its text, shall be available on the websites of the competent authorities of each of the Parties and of their centres belonging to the European Network of National Information Centres on academic mobility and recognition (hereinafter referred to as “the ENIC Network”).

2. The competent authorities of each of the Parties and their centres belonging to the ENIC Network shall mutually exchange information on the higher education systems of the Parties and on the application of this Treaty within the Parties.

Artikel 7

Without prejudice to existing or future arrangements between two or more Parties as regards qualifications giving access to higher education, the Parties are invited to exchange information on the general requirements for access to higher education that they apply in accordance with their legislation and on the qualifications giving access to higher education.

Artikel 8

Annexes I to IV shall constitute an integral part of this Treaty.

Artikel 9

Without prejudice to the provisions of Article 5 of this Treaty, any dispute that may arise in connection with the interpretation or application of this Treaty shall be settled by the Parties through negotiations in good faith.

Artikel 10

1. This Treaty shall apply within the territory of the Kingdom of Belgium, the territory of the Republic of Estonia, the territory of the Republic of Latvia, the territory of the Republic of Lithuania and the territory of the Grand-Duchy of Luxembourg.

2. As regards the territory of the Kingdom of the Netherlands, this Treaty shall apply to the European and Caribbean part (the islands Bonaire, Saba and Sint Eustatius) of the Netherlands. It may also be extended to Aruba, Curaçao and Sint Maarten through a notification via diplomatic channels to the Depositary, which shall inform the other Parties thereof.

3. Following accession pursuant to Article 13, this Treaty shall also apply within the territory of the acceding State or the part thereof that is covered by the accession.

Artikel 11

The Secretariat-General of the Benelux Union shall be the Depositary of this Treaty. The Depositary shall transmit certified copies of this Treaty to all Parties.

Artikel 12

1. This Treaty shall be subject to ratification, acceptance or approval by each Party in accordance with its constitutional procedures.

2. Instruments of ratification, acceptance or approval shall be deposited with the Depositary, who shall inform all Parties thereof.

3. This Treaty shall enter into force on the first day of the third month following the receipt by the Depositary of the last instrument of ratification, acceptance or approval. The Depositary shall inform all Parties of the date of entry into force of this Treaty.

4. This Treaty and its Annexes may be amended through mutual written agreement between the Parties. The amendments shall be documented in separate protocols, which shall constitute an integral part of this Treaty and shall enter into force in accordance with the procedure laid down in paragraphs 1 to 3 of this Article.

5. In the event that the information in Annexes I, II, III or IV that pertains to a given Party is impacted by changes in the legislation or internal organisation of that Party, the Party concerned shall notify such changes to the Depositary, who shall inform the other Parties thereof. All Parties shall take such changes into consideration when applying this Treaty.

6. This Treaty is concluded for an indefinite period of time. Each of the Parties can denounce this Treaty in writing by notifying such denunciation to the Depositary, who shall inform the other Parties thereof. This Treaty shall cease to be in force for the Party concerned six months after the date of the receipt by the Depositary of such notification, while it shall remain in force for the other Parties.

Artikel 13

1.

Any State that has ratified the Lisbon Recognition Convention and belongs to the European Higher Education Area may apply to accede to this Treaty, on the condition that:

– – it applies trustworthy quality assurance systems for its higher education programmes, which can demonstrate proven compliance with the ESG, – – its higher education system is a three-cycle system in compliance with the Qualifications Framework of the European Higher Education Area, and – – it has referenced its national higher education qualifications framework to the EQF.

2. In accordance with its constitutional procedures, the applicant State shall notify such application to the Depositary, who shall inform all Parties thereof. This application shall include information referenced under Annexes I, II, III and IV of this Treaty in accordance with the procedure referred to in paragraph 5 of Article 12 of this Treaty. The applicant State may only accede after the receipt by the Depositary of the last written notification by all Parties that they accept the application of the applicant State.

3. The accession of the applicant State to this Treaty shall be effected by the deposit of an instrument of accession with the Depositary, and shall take effect on the first day of the third month following the receipt by the Depositary of this instrument of accession. The Depositary shall inform all Parties of the date of accession to this Treaty.

4. The Parties to this Treaty are invited to consult each other and to cooperate in order to streamline, prepare and facilitate the application of this Article.