WRITTEN QUESTION E-0797/04 by Ria Oomen-Ruijten (PPE-DE) to the Commission. Student grants and free movement of persons.
Date: 2004-03-11
Institutions: European Parliament, Provisional data
Subjects: Netherlands, application of EU law, education grant, equal treatment, free movement of persons, student mobility, vocational education

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.