WRITTEN QUESTION E-1257/97 by Cristiana Muscardini (NI) to the Commission (11 April 1997)

Subject: Service Regulations for teaching staff of the European Schools

New Service Regulations for teaching staff of the European Schools entered into force on 1 September 1996, replacing the previous Regulations.

Unlike the previous Regulations, the new Regulations do not specify the composition of the Complaints Board, although that body is explicitly mentioned in Article 80.

The omission is due to the fact that the composition of the Complaints Board is now laid down in the Convention defining the Statute of the European Schools (Title VI, Article 27(3)).

The new Convention, however, has not yet been ratified by all the national parliaments of the EU.

In the circumstances, the permanent representative on the Board of Governors of the European Schools has decided that the Complaints Board as constituted under the previous Statute should remain in existence.

1. Does the Commission consider that the permanent representative was right to take the above decision?

2. Does it not take the view, on the contrary, that the Complaints Board should be set up in accordance with the detailed rules laid down in the new Convention?

3. Which countries have signed the Convention to date?

4. What steps has the Commission taken to speed up ratification of the Convention by the national parliaments?

5. Who is responsible in Parliament for dealing with matters pertaining to the European Schools?

6. Can the Commission exert appropriate pressure on the Council to ensure that the Convention is ratified immediately and Parliament informed promptly thereof?

Answer given by Mr Liikanen on behalf of the Commission (30 April 1997)

On 10 and 11 December 1981, the Board of Governors of the European Schools, empowered by the Convention of 12 April 1957, set up the Complaints Board to settle disputes between any member of the teaching staff and the Administrative Board of their school. The provisions governing this body were partially amended by the new Service Regulations for staff seconded to the European School approved by the Board of Governors. The new Service Regulations came into force on 1 September 1996. Since these amendments do not question the very existence of the Complaints Board, it is incorrect to state that the representative of the Board of Governors decided that it should remain in existence.

The question whether the Commission considers that a decision by the representative of the Board of Governors to maintain the Complaints Board is well founded is thus without substance.

Since the new Convention on the Statute of the European Schools, signed on 21 June 1994, has not yet come into force, its provisions relating to the Complaints Board cannot be applied in advance.

According to the statements made by the national delegations at the last meeting of the Board of Governors on 28 and 29 January 1997, the Convention has been ratified by Denmark, Italy, the Netherlands, Portugal and the United Kingdom, in addition to the Community.

From time to time the representative of the Board of Governors reminds national delegations at meetings that the new Convention must be ratified as a prerequisite for its entry into force.

The Commission, through the Member responsible for Personnel and Administration, is the institution which represents the Community vis-à-vis the European Schools.

The Commission may put recommendations before the Council on the ratification of the new Convention, while bearing in mind that this procedure falls within the sovereignty of the Member States. The Commission also provides Parliament with all the information which it requests.