EXPLANATORY MEMORANDUM

1. Article 3 of Annex VII to the Staff Regulations provides for payment of "an education allowance equal to the actual education costs incurred up to a [monthly] maximum", but gives no further details about the nature of the costs or how they are to be reimbursed. General implementing provisions were laid down to establish these criteria. In order to simplify the administration of applications for education allowance, the implementing provisions specify that compulsory educational expenses and other expenses connected with following the curriculum will be reimbursed to the applicant in the form of a monthly flat-rate payment, for which no supporting documents have to be provided.
   
   However, the legislation refers separately to certain categories of costs which cannot be regarded as general expenditure, because they occur only occasionally (e.g. registration or examination fees), because the level may depend on other factors (e.g. transport costs), or because of the special nature of the service or activity giving rise to the expense (e.g. cost of courses at winter sports, coastal or countryside resorts). To cover such expenses, the general implementing rules provide for a variable amount over and above the flat-rate portion of the allowance, to be paid only on production of supporting documents.
   
   
2. The aim of this proposal to amend Article 3 of the general implementing provisions is to extend the scope of the current text of subparagraph (d) to include other activities equivalent to courses at winter sports, coastal or countryside resorts, while still allowing for the special characteristics of these activities, which distinguish them from external educational group activities such as excursions, visits and other trips, and which prompted the institutions to write subparagraph (d) into Article 3 of the general implementing provisions in 1975.
   
   These are occasional activities in the sense that pupils do not take part in such courses (which include some class work, though less than the normal timetable) every year of primary and secondary school, and the cost can be significant.
   
   
3. At the moment, all external activities other than those expressly referred to in subparagraph (d) of Article 3 are deemed to be covered by subparagraph (c). Such activities consequently do not give rise to a variable allowance, unless the cost exceeds the flat-rate allowance (Article 4(3)).
   
   However, school curricula have changed a great deal since 1975. Schools are organising more and more external activities of different kinds. Some of these are comparable to courses at winter sports, coastal or countryside resorts; others, even if referred to as such, are not.
   
   Given the current situation, there is a need to extend the present legal base to provide a more detailed definition for determining exactly what activities qualify for a variable amount over and above the flat-rate allowance. This should avoid both inconsistencies in the way cases are treated and the additional reimbursement of costs already covered by the flat-rate portion of the allowance. Indeed, in most cases the flat-rate portion will be more than sufficient to cover all the general costs incurred by applicants, including excursions, visits to museums and school trips in general.
   
   

GENERAL IMPLEMENTING PROVISIONS AMENDING THE GENERAL IMPLEMENTING PROVISIONS FOR GRANTING THE EDUCATION ALLOWANCE

1. registration and examination fees at educational establishments;
   
   
2. transport costs incurred as a result of the use of public or private transport serving the school;
   
   
3. compulsory expenditure incurred for the purchase of books, school equipment, sports equipment, school insurance and medical expenses cover and other expenses connected with following the curriculum of the educational establishment attended;
   
   
4. costs incurred as a result of the child's participating in courses at winter sports, coastal or countryside resorts and similar activities, provided that they meet the following criteria:
   
   
   1. courses at winter sports, coastal or countryside resorts:
      
      • the courses are organised as part of the curriculum by the educational establishment attended;
        
      • they take place outside school holidays;
        
      • the child is accommodated away from home while attending such courses;
      
      
   2. similar activities:
      
      • the courses are organised as part of the curriculum by the educational establishment attended;
        
      • they take place outside school holidays;
        
      • the child is accommodated away from home while attending such courses;
        
      • the continuity of the curriculum is ensured by attending classes organised by teachers from the same educational establishment and by taking part in external activities which supplement the theoretical concepts taught in the classroom;