WRITTEN QUESTION E-1550/97 by Dietrich Elchlepp (PSE) to the Commission (6 May 1997)

Subject: Bureaucratic obstacles facing foreign students from other EU Member States

There has recently been an increasing number of serious complaints about unreasonable bureaucracy involved in applying to study in another EU Member State, and about dubious treatment of foreign students in the form of delays and refusals relating to the issue of residence permits for students from other EU Member States in some university locations within the EU, all of which runs diametrically counter to freedom of movement and the ban on discrimination within the EU, as well as to the meaning and purpose of the Erasmus programme. A glaring example of refusals and delays relating to residence permits recently emerged at the University of Amiens, where 30 students from other EU countries were refused residence permits for a considerable period, with serious social consequences, and where only foreign students have been required to make special payments in halls of residence. Such incidents make all statements about wanting to promote educational and vocational mobility as part of European policy implausible for both young people and their parents.

1. What evidence is there about difficulties with the issue of residence permits to students from other EU States, and in which Member States have difficulties repeatedly occurred?

2. What steps could be taken to reduce the sometimes intolerable bureaucratic obstacles - requirements to provide evidence of insurance cover and parental income, certified and translated birth certificates, and so on - to pursuing studies abroad?

3. What steps does the Commission intend to take to prevent future cases of blatant discrimination against foreign students by local authorities?

Answer given by Mrs Cresson on behalf of the Commission (7 July 1997)

The difficulties referred to by the Honourable Member reflect the reasons for which the Commission produced its Green Paper on the obstacles to mobility in education, training and research. The Green Paper's in-depth analysis of these obstacles has been welcomed by Mrs Todini in her excellent report unanimously adopted by Parliament on 14 May 1997.

The Commission would like to reply to the specific questions raised by the Honourable Member as follows.

1. The Commission is not aware of Erasmus students encountering problems in the form of being refused a residence permit. However, the evidence does suggest that it often takes a very long time for a residence permit to be issued. This situation is not acceptable and must be rectified through better cooperation between the institutions, the establishments concerned and the national authorities.

2. The Commission's attention has already been drawn to the administrative formalities which have to be complied with by EU citizens studying in a Member State other than that of which they are a national and to certain difficulties associated with these formalities. However, the Commission is not aware of the specific case referred to by the Honourable Member.

Concerning students' resources, Article 1 of Directive 93/96 ((OJ L 317, 18.12.1993. )) on the right of residence for students (which has been transposed by all Member States except Germany) requires Member States to recognise the right of residence for any student who, by means of a declaration or by such alternative means as the student may choose that is at least equivalent, assures the relevant national authority that he or she has sufficient resources to avoid becoming a burden on the social assistance system of the host Member State. It ensues from transposition of this provision into the national law of certain Member States that students are required to present formal evidence of resources (e.g. documents from a bank or a certificate that costs will be met by the student's parents or a third party). As the Commission feels that requiring such evidence is inconsistent with the above-mentioned Article 1, it has instituted infringement proceedings against those Member States. Reasoned opinions have been sent to Spain, France and Italy, whereas the proceedings initiated against Ireland, Luxembourg and the Netherlands have been closed following the amending of their legislation. Regarding evidence of insurance cover, Article 1 of Directive 93/96 states that the right of residence is subject to sickness insurance cover in respect of all risks in the host Member State. This means that it is not contrary to Community law for the national authority responsible for issuing residence permits to require evidence of sickness insurance cover.

As for producing certified and translated birth certificates, the Commission feels that it ensues from the provisions of Community law on freedom of movement for persons that any requirement for such documents should be limited to cases where a family relationship must be proved (if, for example, the person with the right of residence is accompanied by children). The Commission has decided to send a reasoned opinion to France concerning the préfectures' practice of requiring birth certificates.

Finally, concerning the delays in issuing residence permits, the Commission is of the opinion that where the student has produced a declaration of resources, evidence of sickness insurance cover, and evidence of enrolment in a recognised establishment, there are no grounds for a delay in issuing a residence permit (unless reasons of public order necessitate specific checks).

All this shows that the Commission is using the powers conferred upon it as guardian of the Treaty to ensure full compliance with Community law, particularly Directive 93/96. It should be noted that the Commission is in the process of preparing a report on the application of this Directive, which will be sent to the Council and Parliament. Special attention will be devoted in the report to the formalities for the issue of residence permits.

3. The Commission is making use of all the available means in order to avoid discriminatory treatment, particularly in the context of its mobility programmes for persons in education or training.

In its Green Paper, the Commission announced its intention of following up the consultation exercise launched, with concrete initiatives within its field of competence. It is counting on the support of Parliament to ensure that rapid progress is made on these difficult matters.