WRITTEN QUESTION P-2159/00 by Richard Howitt (PSE) to the Commission. Application for student loans.
Date: 2000-06-22
Institutions: European Parliament, Provisional data
Subjects: Spain, United Kingdom, competence of the Member States, discrimination on the basis of nationality, education grant, legal basis

6.3.2001

EN

Official Journal of the European Communities

C 72 E/183

Answer given by Mr Prodi on behalf of the Commission

(28 July 2000)

The Commission is aware of the Opinion No 64 of the French ethical committee (comitØ consultatif
national d(cid:146)Øthique) of June 8th 2000, concerning Directive 98/44/EC of the Parliament and of the Council
of 6 July 1998, on the protection of biotechnological inventions (1).

Agreement on this Directive was achieved after discussions within the Parliament and the Council where
inventions. The
much consideration was given to the ethical aspects surrounding biotechnological
Directive seeks both to address these ethical considerations and to provide the necessary incentives to
encourage research and development in the area of biotechnology.

Under Article 15(1) of the Directive, Member States are required to comply with the Directive not later
than 30 July 2000. Any Member State challenge of the validity of the Directive before the Court of justice
would not release it from its obligation to transpose the Directive into national
law by the specified
deadline. The Commission, in its role as the guardian of the treaties, is required to ensure that Community
legislation is applied correctly by the Member States.

The European group on ethics (EGE) in science and new technologies was set up by the Commission in
1992 in order to advise the European institutions on ethical issues. The EGE has an explicit mandate under
the Article 7 of the Directive to evaluate the ethical aspects of biotechnology.

(1) OJ L 213, 30.7.1998.

(2001/C 72 E/236)

WRITTEN QUESTION P-2159/00

by Richard Howitt (PSE) to the Commission

(22 June 2000)

Subject: Application for student loans

This question is tabled in response to an enquiry from my constituents, Mr and Mrs Grief, formerly
of Kings Lynn, Norfolk, who now reside in Spain, regarding their two sons Anthony and Jonathan
(aged 19 years).

Anthony and Jonathan resided in Norfolk from 3 November 1981 to 13 August 1990 and were then
taken to Spain by their parents until 3 September 1998, when they returned to live with other family
members in Kings Lynn. They have lived at that address ever since. They have therefore spent eight years
in Spain with their parents. Is there any element of EU law of which the European Commission is aware
that could determine whether or not these students should or should not be able to qualify for a UK
student loan to undertake higher education?

Answer given by Mrs Reding on behalf of the Commission

(27 July 2000)

At this stage of development of Community law, Member States are competent to establish the modalities
of student support (grants, student loans or any other form of financial help). They must however respect
the principle of equality of treatment which means that the university or college where a citizen of the
Union wishes to study must accept them under the same conditions as nationals. Therefore, if a grant is
paid to nationals of the Member State where a citizen of another Member State wishes to study to cover
course fees (tuition fees), he or she must be able to receive it. However, the principle of equality of
treatment as interpreted by the case-law of the Court of justice does not apply to support for maintenance
and in the case of the United Kingdom to grants, student loans and supplementary grants, intended to help
students pay their daily living expenses, unless the student is, at the same time, a migrant worker or a

C 72 E/184

Official Journal of the European Communities

EN

6.3.2001

family member of a migrant worker. It should be recalled that, as Community law now stands, migrant
workers and their family members have wider rights in the host Member State, notably as regards social
advantages, than other Union students.

However, the Honourable Member has not provided enough information for the Commission to establish
whether Mr and Mrs Grief or their children have rights under Community law as migrant workers.

(2001/C 72 E/237)

WRITTEN QUESTION E-2175/00

by Jorge HernÆndez Mollar (PPE-DE) to the Commission

Subject: European social statute for housewives

(7 July 2000)

The diversity of regulations relating to housewives in the various Member States fuels the argument that, in
one way or another, the role of housewives will have to be regulated if the legitimate aspirations of what
constitutes an important grouping within the Community are to be satisfied.

In France there exists a social statute for housewives; in Italy the government has set up a domestic-
accident insurance scheme; in Spain, preferential treatment for savings intended to increase the future
pensions of housewives is under discussion and in a non-Community country (Switzerland), housewives
receive childcare payments and a retirement pension.

Does the Commission not think that, with a view to uniformly regulating the current situation of
housewives in the various Member States, a European social statute for housewives should be proposed,
incorporating all the aspects which should be regulated in order to consolidate the social dimension of
housewives within the European economic environment?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(13 September 2000)

The Honourable Member refers, in his question, to the present position of housewives in the Member
States. He asks whether a European social statute for housewives should be proposed with a view to
uniformally regulating the current situation, which varies considerably from one Member State to another.

While the Commission recognises the important contribution housewives make to their families and
society in general, the powers of the European Union are very limited in the field of family law.

Where the status of housewives is concerned, I would point out that, in 1987, the Commission submitted
a proposal for a Directive (1) (cid:145)completing the implementation of the principle of equal treatment for men
and women in statutory social security schemes(cid:146). It provided for individual entitlement to social security, as
an alternative to derived rights, and also covered housewives.

This proposal was not adopted by the Council
Parliament and the Economic and Social Committee.

in the end, despite the favourable opinions of the

The Commission intends to look into this question, in connection with the new strategy for modernising
and improving social security in Europe.

(1) OJ C 309, 19.11.1987.