92000E3675

WRITTEN QUESTION E-3675/00

by Ursula Schleicher (PPE-DE) to the Commission

(27 November 2000)

Subject: Special scheme for access to Portuguese universities for the families of EU officials

In its answer to my Written Question, No E-2898/98(1), the Commission stated on 30 November 1998 that pursuant to an amendment to the law (1998) there is no longer any special preferential scheme for access to Portuguese universities for the families of EU officials.

Is it true that this legal situation has been changed once more to the detriment of school-leavers from the European School who do not have a parent employed by the European Union? If so, in the light of the principle of equal opportunities laid down in European law, what is the Commission's opinion with regard to this situation as it affects both the Portuguese citizens who are the victims of this discrimination and school-leavers from the European School who are nationals of other EU Member States?

(1) OJ C 135, 14.5.1999, p. 135.

Answer given by Mrs Reding on behalf of the Commission

(6 February 2001)

With regard to Portuguese universities' treatment of school-leavers from the European Schools, the Commission would like to refer to the declaration by the Schools' Board of Governors of 15 October 1997, pertaining to Mr Machado's petition No 263/96. According to this declaration, the European Baccalaureate awarded by the European Schools is the same qualification for all pupils, with no breakdown into categories.

Article 5-2 of the Convention of 12 April 1957 states that holders of this qualification enjoy all the benefits associated with the possession of a secondary school leaving certificate or diploma in their own country and may apply for admission to any university on the territory of the contracting parties with the same entitlements as nationals of that country with equivalent qualifications.

In general, it should be remembered that the organisation of education systems, including the recognition of qualifications and university admission criteria, is a matter for the Member States. As a consequence, and in strict compliance with Article 12 of the EC Treaty, which prohibits any direct or indirect discrimination on the grounds of nationality, the competent authorities are entitled, in principle, to make admission to universities dependent on obtaining academic recognition for qualifications acquired in another Member State.

Member States are allowed to conclude bilateral agreements with other Member States if they consider that the latter's qualifications fulfil the national requirements. This is the case with the Convention of 12 April 1957.

It is also incumbent upon Member States to decide whether to compel interested parties with an equivalent qualification European Baccalaureate or other to undergo the same selection procedures as holders of national qualifications with a view to admitting them to particular study areas or educational establishments.

With regard to the rules applicable to persons holding a Portuguese secondary school leaving certificate, the Commission must point out that this is a purely internal matter that does not come under Community law.

It would also like to point out that, under the Statute of the European Schools, the Board of Governors is responsible for applying the Convention that created the European Schools and for representing them legally. However, so that this matter can be dealt with more quickly, the Commission will be contacting the Board of Governors with regard to the amendment to the law mentioned in the Honourable Member's question, so that the Board can seek information from the Portuguese authorities. The Commission was not informed about this amendment.