WRITTEN QUESTION P-1449/03

by Bárbara Dührkop Dührkop (PSE) to the Commission

(16 April 2003)

Subject: Charging of fees to children of MEPs' assistants attending the European Schools

At a meeting held in Copenhagen on 28/29 April 1998, the Board of Governors of the European Schools decided, despite not having the support of the Commission, to classify the children of MEPs' assistants in Category III, thus obliging their parents to pay the full fees (for 2003-2004, EUR 1 886 for the pre-school level, EUR 2 622 for the primary level and EUR 3 578 for the secondary level).

The children of MEPs' assistants had previously been classified in Category I and were therefore exempted from the fees.

Despite the fact that this decision was taken by the Board of Governors of the European Schools, can the Commission, given that it has a representative on the Board, explain the latter's reasons for changing the long-established practice of classifying the children of MEPs' assistants in Category I?

As the Commission is aware, MEPs' assistants have their salaries paid directly from the EU budget: Section I (Parliament), Chapter 39 (Expenditure relating to parliamentary assistants), item 3 910 contains the appropriations for expenditure arising from the appointment and use of the services of one or more assistant(s). In addition, under Article 14 of the Rules governing the payment of expenses and allowances to Members, an assistant's contract of employment is agreed between either the MEP and the assistant or a paying agent and the assistant.

Given that Category I includes children of other employees who have no public or private contractual relationship with the European institutions, whose salaries are not paid from the EU budget and who, unlike MEPs' accredited assistants, do not work regularly on the premises of one of the institutions, does the Commission not consider that, in view of the above, there are more than sufficient objective reasons for classifying MEPs' assistants' children in Category I?

Answer given by Mr Kinnock on behalf of the Commission

(4 June 2003)

The question of the appropriate category for children of MEPs' assistants' was raised by Brussels European School I when the children of two assistants were enrolled for the 1997-1998 school year. The headteacher of the School was unsure of whether the admission of MEP's assistants' children in category I was well-founded.

The question was put to the Board of Governors at the meeting on 28/29 April 1998. As the Hon. Member accurately states, the Commission favoured classification in category I, arguing: While is it true that, formally speaking the direct link is between assistant and MEP and not between assistant and Parliament it is nonetheless true in reality that MEPs in engaging their assistants act not as private individuals or persons external to the Institution but, by virtue of their being MEPs, as an integral part of it.

Except for Italy, which was the only national delegation which shared the Commission's view, all delegations thought that these children should, in the absence of a direct employment link between assistants and Parliament, be ranked as category III pupils pending modification of the status of assistants.

The relevant extract of minutes of the meeting says: The Commission representative and the Italian delegation maintained that these children should be considered to fall into category I but a number of delegations objected. The Dutch delegation pointed to the illegal nature of the decisions that appeared to have been taken as the document shows in admitting some of these children in category I. The Board decided that children already admitted could remain in the schools in the category in which they had been admitted. For future admissions it decided, although the Commission was not in agreement, to approve the Administration and Finance Committee's proposal that these children be classed in category III, in which they should have priority.

As appropriate opportunities arise, the Commission will nonetheless continue to argue for inclusion of MEP's assistants' children in category I, particularly if the status of assistants alters in line with the changes proposed by Parliament in the context of the reform of the Staff Regulations for officials and other servants of the Communities.

As the Honourable Member may know, according to the Convention of 21 June 1994, the European Schools are establishments which were created primarily to educate children of the staff of the European Communities. Other children may attend them within the limits set by the Board of Governors.

The Board of Governors, the non-Community intergovernmental organisation responsible for the Schools, is charged with implementation of the Convention and holds the decision-making powers in educational, budgetary and administrative matters necessary for that purpose. In exercising those powers, the Board has adopted a rule which puts pupils into three categories for the purposes of admission and payment of school fees.

Category I relates to children of staff in the service of the Community Institutions and bodies considered by the Board to be comparable, who are employed directly and continuously for a minimum period of one year. These children have to be admitted to the European Schools and are exempt from school fees.

Category II is comprised of pupils who are covered by individual agreements or decisions entailing specific rights and obligations in regard to them.

Category III is comprised of pupils who are not covered by I or II. They are admitted if places are available. An order of priority applies for admission and school fees are payable.

Responsibility for applying the Board ruling when pupils are enrolled rests with the headteachers of the Schools.