WRITTEN QUESTION No. 70/99 by Roberta ANGELILLI Discrimination between Union citizens engaging in research in the United Kingdom
29. 11. 1999 EN Official Journal of the European Communities C 341/45 conflict with the legislation. Article 6 of the Directive stipulates that the average working time for each seven- day period, including overtime should not exceed 48 hours. Article 3 sets a minimum daily rest period of 11 hours. It is, therefore, possible within the Directive to work more than 10 hours per day, provided the average weekly working time remains 48 hours in total. Article 4 of the Directive states that every worker is entitled to a rest break where the working day is longer than six hours. There is additional flexibility in Article 17 (2)(1)(c)(iii) which allows derogations from these minimum standards for the ambulance, fire and civil protection services by means of national legislation, collective agreements,or agreements between both sides of the industry provided that the workers concerned are afforded periods of equivalent compensatory rest. There is consequently, flexibility within the Directive, but on the basis of an established framework of social protection. (1) OJ L 307, 13. 12. 1993. (1999/C 341/064) WRITTEN QUESTION E-0070/99 by Roberta Angelilli (NI) to the Commission (27 January 1999) Subject: Discrimination between Union citizens engaging in research in the United Kingdom The British government body responsible for awarding grants for scientific research at university level (EPSRC) has rejected an application submitted in due form by an Italian citizen on the grounds that he is not a British citizen. As an Italian citizen, apparently, he would have been entitled to the admission fees for the post- graduate course, but not to a maintenance grant (roughly £6400). Does the Commission agree that this could be regarded as discrimination between European Union citizens, not least in view of the fact that British citizens have full access to the corresponding funds for research in Italy? Answer given by Mrs Cresson on behalf of the Commission (6 April 1999) To answer the question raised by the Honourable Member, it should be noted that the Community rules as interpreted by the Court of Justice guarantee on the one hand the equal treatment of Community students and national students as regards access to education and training (Article 6, 126 and 127 of the EC Treaty) and, on the other hand, the equal treatment of Community workers and their children. The latter right is more comprehensive and is notably enshrined in Council Regulation (EEC) 1612/68 of 15 October 1968 on freedom of movement for workers within the Community (1), and also includes the right, under certain conditions, to draw social benefits reserved for nationals in this area. Students who are not workers (or members of a worker’s family) are entitled to be treated on a par with students of the host Member State, pursuant to the EC Treaty, as regards any aid to cover enrolment and tuition fees. Hence, as regards access to education, the principle of equal treatment means in practice that all educational establishments must accept students from other Member States under the same conditions as national students. Therefore no additional charges may be required on the basis of nationality. However, students who are nationals of another Member State and who are not workers (or members of a worker’s family) are not entitled to aid to cover subsistence costs or so-called maintenance grants intended to help students to live in the locality. The Commission considers that the question raised is a matter for the national authorities. (1) OJ L 257, 19. 10. 1968