WRITTEN QUESTION E-3868/02 by Ria Oomen-Ruijten (PPE-DE)and Bartho Pronk (PPE-DE)to the Commission. Netherlands Student Grants Act.
Date: 2003-01-10
Institutions: European Parliament, Provisional data
Subjects: Netherlands, application of EU law, education grant, equal treatment, free movement of persons, student mobility, vocational education

3.4.2004

EN

Official Journal of the European Union

C 84 E/709

Is the Commission prepared to give its total support to the interests of the victims’ relatives vis-à-vis
7.
the Senegalese Government which has been claiming for the last two and a half months that salvage of the
wreck is a priority but has done nothing except make promises?

Can the Commission indicate what the EU discussed, at the request of the relatives of European
8.
victims, with the Senegalese authorities and the African Union with regard to the possible salvage of the
‘Le Joola’ at the EU-Africa Summit which was held from 27 to 30 November 2002?

Answer given by Mr Nielson on behalf of the Commission

(27 February 2003)

The President of Senegal has not submitted a request to the Commission concerning the salvage of

1.
the ‘Le Joola’ ferry.

The Commission has already expressed its condolences to the victims’ families. The technical aspects

2.
of the salvage are difficult to assess.

3.
The Commission can confirm that Senegal’s family code contains provisions relating to burial and to
death certificates for missing persons. The Commission cannot assess the legal obligations incumbent on
the Senegal government in this case.

4.
The Commission is not in a position to take the kind of initiative proposed by the Honourable
Member. It is up to the Member States concerned to take political initiatives with the Senegal government
in the manner proposed by the Honourable Member.

The Commission is prepared within its legal means and obligations to support Member States in

5.
their contacts with the Senegal government.

6.
The Commission delegation has not been inactive. Through its office in Banjul it provided immediate
help, after the ferry sank, with the identification of bodies and, from Dakar, in investigating with the
government and with Member States and other donors present in Senegal the alternatives for restoring the
Dakar-Ziginchor maritime link in safer conditions.

The Commission considers that defending the interests of

7.
the families vis-à-vis the Senegal
government is primarily a matter for civil society bodies in Senegal, which have already taken effective
measures, and for the Member States concerned by the tragedy through their consulates.

The ministerial meeting of the EU-Africa Dialogue held in Ouagadougou on 28 November 2002 did

8.
not deal with that matter as it is a bilateral issue.

(2004/C 84 E/0796)

WRITTEN QUESTION E-3868/02

by Ria Oomen-Ruijten (PPE-DE)
and Bartho Pronk (PPE-DE)
to the Commission

(10 January 2003)

Subject: Netherlands Student Grants Act

In the Netherlands, grants are awarded to students aged over 18. That applies to all forms of education.
Child benefit is not paid in respect of students aged over 18.

If the students concerned pursue their studies in Belgium or Germany, student grants are awarded in
respect of higher education and university courses but not in respect of secondary, basic or intermediate
vocational training courses.

C 84 E/710

Official Journal of the European Union

EN

3.4.2004

The Netherlands authorities recognise periods of study in Belgium and Germany in connection with the
Compulsory Education Act, and degrees taken in Germany and Belgium are recognised as full degrees.

1.
Does the Commission feel that the Netherlands’ decision not to award grants to students over the age
of 18 following secondary (vocational) training courses in Belgium and Germany is in breach of the
principle of ‘free movement of services’ (following a recognised training course abroad) and/or the ‘free
movement of persons’?

2.
Does the Commission feel that the Netherlands’ decision not to award grants to students over the age
training courses in Belgium and Germany is in breach of
of 18 following secondary (vocational)
Articles 149 and/or 150 of the EC Treaty in that the action of the Netherlands Government restricts
student mobility?

(2004/C 84 E/0797)

WRITTEN QUESTION E-0797/04

by Ria Oomen-Ruijten (PPE-DE) to the Commission

Subject: Student grants and free movement of persons

(11 March 2004)

From the age of 18, Netherlands students still attending an institution of pre-university or senior secondary
vocational education in the Netherlands are no longer eligible for a child allowance and in its place receive
a grant under the Student Grants Act. If such 18 year olds receive their education across the border, they
get no funding. Is the Commission prepared, bearing in mind that this question is now being posed for the
third time, to give a clear answer concerning the key issue. Does the Commission agree that this poses
obstacles which impede the free movement of students?

Supplementary joint answer
to Written Questions E-3868/02 and E-0797/04
given by Mrs Reding on behalf of the Commission

(26 April 2004)

The Honourable Member raises the question of the territorial aspect of national grants and other financial
aids awarded to students, an issue that was also the subject of written questions E-3868/02 and
E-3584/03 (1).

Member States can provide in their legislation for financial assistance for students, in accordance with
criteria that vary from one Member State to another. Under certain countries’ legislation, a grant can be
transferred if a student decides to study in another Member State, allowing students to continue to enjoy
the financial assistance awarded by their country of origin while they study in another Member State.
However, Dutch law does not allow this.

The Commission shares the Honourable Member’s view that limiting financial assistance to those students
studying within the territory of the Member State concerned may constitute an obstacle to the free
movement of students. Furthermore, the Commission Green Paper ‘Education, training, research: the
obstacles to transnational mobility’ (2) mentions that the territorial nature of national grants may constitute
a significant obstacle to mobility.

However, according to the information brought to the Commission’s attention, the provisions in force in
the Netherlands are not incompatible with the principles of free movement, and no breach of Community
law has been identified. Students from the Netherlands have the right to go to other European countries to
study, and exercise this right, and foreign students from other Member States are entitled to study in the
Netherlands.

(1) The answer to question 3584/03 also applies as a supplementary answer to question 3868/02.
(2) COM(96) 462 final.