92001E2818

WRITTEN QUESTION E-2818/01

by Jean Lambert (Verts/ALE) to the Commission

(10 October 2001)

Subject: Student loans for British students resident abroad

It has recently been brought to our attention that British citizens resident abroad who go to study at higher education institutions in Britain are currently not eligible for the Student Loan scheme available to British citizens resident in Britain. This can have the effect of denying access to British educational institutions for these potential students due to financial problems. It seems an anomaly that loans are not available to British students who happen not to have been resident in Britain for some years, and appears to constitute unnecessary discrimination against these students.

We would like to know:

- Is the Commission satisfied that this constitutes equality of treatment for people in such a position?

- What steps is the Commission taking to ensure equality of treatment for such people?

- Does the Commission find any evidence of discrimination against citizens of other EU countries regarding access to British higher educational institutions and funding?

Answer given by Mrs Reding on behalf of the Commission

(14 November 2001)

According to Article 149 (ex Article 126) of the EC Treaty, each Member State is responsible for the content and the organisation of its educational system. However, as far as conditions of access to education are concerned, the Member States are obliged to respect the principle of equality of treatment.

According to the jurisprudence of the Court, at the present stage of development of Community law, the principle of equality applies to assistance given by a Member State to its nationals for the purposes of university studies, only in so far as assistance is intended to cover registration or other fees, in particular tuition fees charged for access to education.

The case raised by the Honourable Member concerns British citizens resident abroad who go to study in higher education institutions in the United Kingdom. The condition of access to student loans is an internal matter not covered by Community law.

The alleged British student loan system covers living costs accommodation, food, clothes, travel etc. and falls there with outside Community rules.

To the extent that the British system provides assistance to cover tuition fees (which falls within the scope of the EC Treaty, as mentioned before), the conditions that are imposed conform with Community law: the student must be a national of an Member State or a child of such a national and he must have lived in the European Economic Area (EEA: Member States and Iceland, Liechtenstein, Norway) throughout the three years before the start of the first academic year of the course for which he is seeking help with fees.