WRITTEN QUESTION E-2681/03 by Robert Goebbels (PSE) to the Commission. Approval of Luxembourg secondary school leaving certificates in Belgium.
Date: 2003-09-10
Institutions: European Parliament, Provisional data
Subjects: Belgium, Luxembourg, administrative formalities, application of EU law, educational administration, recognition of diplomas, student mobility, university

C 84 E/496

Official Journal of the European Union

EN

3.4.2004

Answer given by Mr Patten on behalf of the Commission

(15 September 2003)

The Commission would refer the Honourable Member to its answer to his Written Question E-2257/03 (1).

(1) See page 483.

(2004/C 84 E/0574)

WRITTEN QUESTION E-2681/03

by Robert Goebbels (PSE) to the Commission

(10 September 2003)

Subject: Approval of Luxembourg secondary school leaving certificates in Belgium

The Luxembourg Government’s website states that, following an intervention by the Commission, the
French Community of Belgium is reintroducing, as of 2003-2004, the obligation for holders of a
Luxembourg secondary or technical secondary school
leaving certificate or a Luxembourg technical
diploma to have them approved by the Belgian authorities before being allowed to enrol at universities and
other higher education institutions in Belgium.

the fact

In spite of
that Luxembourg students have never previously been confronted with this
administrative burden, it turns out that those wishing to enrol for the first time at a Belgian university
for the academic year 2003-2004, who have already sent off their documents, have not yet received an
approval of their secondary school leaving certificate from the French Community. This means there is a
chance that they may not be able to enrol in Belgium for the coming academic year, even though some of
the students have already paid out money in anticipation of beginning their studies (accommodation,
deposits, etc.).

Can the Commission provide information as to the exact situation?

Does it intend to contact the Belgian authorities so that the Luxembourg students concerned may register
at the right time?

Why are Luxembourg students now required to have their certificates approved when in the past they
were treated in the same way as Belgian students?

Answer given by Ms Reding on behalf of the Commission

(27 October 2003)

In 1999, in response to complaints from nationals of other Member States, and from Belgian nationals
the Commission drew the Belgian government’s attention to the
holding a French Baccalaureate,
compatibility with the EC Treaty,
in particular Articles 12, 149 and 150, of the French Community’s
legislation and administrative practice in respect of access to higher education for holders of secondary
school leaving qualifications acquired in other Member States.

Infringement proceedings were brought on the grounds that admission of nationals of other Member
States to certain areas of higher education (medicine, pharmacy, etc.) in Belgium was subject to an aptitude
examination referred to as ‘examen de maturité’, which was not required of students who obtained their
secondary school leaving certificate in Belgium.

The Commission considered this condition to be in breach of Article 12, in conjunction with Articles 149
and 150, of the EC Treaty. The right to equal treatment for nationals of other Member States in respect of
access to education and vocational training was established by the Court judgment of 13 February 1985
(Gravier 293/83). In its judgment the Court confirmed that, in order to have any meaningful effect, this
right necessarily implies that, once a diploma has been judged equivalent in that it certifies a level of
educational attainment at least equal to that of equivalent studies in Belgium, the student concerned should
not be subject, for the purposes of access to higher education, to conditions which are not imposed on
students who obtained their diploma in Belgium, such as passing a supplementary aptitude examination.

3.4.2004

EN

Official Journal of the European Union

C 84 E/497

Since the Belgian authorities took no appropriate action to put an end to this situation, the Commission
brought proceedings against Belgium under Article 226 of the EC Treaty.

In its defence, Belgium indicated that two changes had been made to the French Community’s legislation
in order to end the infringement: an amendment to Article 1 of the Royal Decree of 20 July 1971, and
repeal of the automatic equivalence system which had applied to Luxembourg diplomas since 1999.

The Commission considers that the amendment to the Royal Decree of 1971 was sufficient to put and end
to the infringement.

Nonetheless, the Commission considers that it would have been more logical for Belgium to look into
whether it might be possible to introduce an automatic equivalence system for the secondary school
diplomas of other Member States similar to that applied to Luxembourg. Abolishing the automatic
equivalence so far granted to Luxembourg nationals would appear to amount in practice to reintroducing
an administrative condition which had not in the past been considered necessary.

The Commission has not received any complaints from students from other Member States concerning
recognition of their secondary education certificates by the French Community for the purposes of
enrolling at a Belgian university for the 2003/2004 academic year. The Commission would be grateful for
any information the Honourable Member can provide in this respect.

If, on the basis of specific complaints, it transpires that students from Luxembourg (or other Member
States) are subject to an administrative procedure which bears no reasonable relation to the needs
otherwise served by the equivalence procedure and which could constitute an obstacle to student mobility,
the Commission may consider instituting new infringement proceedings against Belgium under Article 226
of the EC Treaty.

(2004/C 84 E/0575)

WRITTEN QUESTION P-2817/03

by Konstantinos Hatzidakis (PPE-DE) to the Commission

(18 September 2003)

Subject: Revamped Olympic Airlines

On 29 August the Greek Transport Minister, Mr Christos Verelis, tabled an amendment in Parliament
announcing the creation of the revamped Olympic Airlines, to be called Olympic Airlines. This new
company will be exclusively concerned with flight operations inherited from the merger of the relevant
branches of Olympic Airways, Olympic Aviation and Macedonian Airlines. The minister also said that
Olympic Airlines would employ 1 850 people and have capital of EUR 140 million. He stated that
Macedonian Airlines provided the legal framework for the creation of the new company, while the
procedure for spinning off operations was entirely in line with Community and national legislation.

1. Was the Commission regularly briefed during the procedure for the creation of the revamped
Olympic Airlines, as the Greek Government has declared?

To what extent does the Commission consider the specific solution compatible with Community law,

2.
and how safe are the jobs of employees in this new company?

3.

How and when does the Commission intend to intervene in this specific case?

Answer given by Ms de Palacio on behalf of the Commission

(20 October 2003)

The Commission had regular contacts with the Greek authorities regarding the proposed privatisation of
Olympic Airways. However, the information received was relatively incomplete. In order to speed up the
the
transmission of

the privatisation law on 5 September 2003,

following passage of

information,