WRITTEN QUESTION No. 3218/98 by John McCARTIN to the Commission. Treatment of Irish third-level students
Date: 1998-10-26
Institutions: European Parliament, MCCARTIN
Subjects: EU national, Ireland, discrimination on the basis of nationality, education grant, equal treatment, free movement of persons, higher education, residence, student

14.5.1999

EN

Official Journal of the European Communities

C 135/179

With a view to enhancing the reliability of the data supplied by the Member States, can the Commission
confirm that a uniform method is used to record the data concerning the number, extent and duration of the
fires and the time-lapse between initial alarm and intervention etc.

Do the Member States notify the Commission’s departments of any change in the manner of recording
events?

Answer given by Mr Fischler on behalf of the Commission

(26 November 1998)

The Commission thanks the Honourable Member for his interest in the report on the Community system of
information on forest fires 1985-1987 (1).

The reliability of the data supplied by the Member States is guaranteed by Commission Regulation (EC)
804/94 of 11 April 1994 laying down certain detailed rules for the application of Council Regulation
(EEC) 2158/92 as regards forest-fire information systems (2), which details the set of information that
Member States must transmit to the Commission each year under the Community forest-fire information
system.

Any changes made by the Member States to their national data collection systems must comply with the
conditions laid down in this Regulation.

(1) Not yet published.
(2) OJ L 93, 12.4.1994.

(1999/C 135/225)

WRITTEN QUESTION E-3218/98

by John McCartin (PPE) to the Commission

(26 October 1998)

Subject: Treatment of Irish third-level students

Is the Commission aware that returning Irish emigrant families (net immigration to Ireland last year was
some 30 000) are being discriminated against when they try to put their Irish-born children through third-
level education systems, since even though the students were born in Ireland, hold EU passports, are
registered voters and their families have no address other than in Ireland, they are deemed to be ‘overseas
students’ or non-EU citizens under an EU regulation because they fail to meet the three-year residency
requirement before applying to university with the result that they are being made to pay full tuition fees,
etc? Is there any provision in EU law to ensure equal treatment for such people?

Answer given by Mrs Cresson on behalf of the Commission

(14 December 1998)

The level of tuition fees paid by students in order to follow higher education courses and the criteria for
grants or other financial assistance applied in the Member States, are for the Member States themselves to
determine.

Community law, as interpreted by the Court of justice, imposes on Member States a duty to apply the same
criteria and levels of fees to Community nationals as they do to their own nationals, on the basis of the
principle of non discrimination on nationality grounds.

The principle of non discrimination on nationality grounds also covers possible differentiated treatment
between nationals who did not use their right to free movement within the Community and those nationals
who did use this right (e.g. Irish nationals who returned to Ireland after emigration to another Member
State). However, this principle does not cover the case of Irish nationals who return to Ireland after
emigration to third countries.