Brussels, 7.4.2004
C(2004) 1313

COMMISSION DECISION

on general implementing provisions for the grant of the education allowance
(article 3 of annex vii to the staff regulations)

1. It is necessary, following the amendment of Article 3 of Annex VII to the Staff Regulations of officials of the European Communities by Regulation N° 723/2004, to replace the present general implementing provisions for granting the education allowance,
    
2. Officials assigned to a third country shall qualify for special provisions as regards the education allowance under Annex X to the Staff Regulations.

HAS ADOPTED THE FOLLOWING PROVISIONS:

• Article 1
• Article 2
• Article 3
• Article 4 (Primary and secondary schools)
• Article 5 (Establishment of higher education)
• Article 6
• Article 7
• Article 8
• Article 9 (Transitional provisions)
• Article 10
• Article 11
  
  
   

Article 1

1. An official shall receive a flat-rate education allowance, hereinafter called education allowance A, for each dependent child, within the meaning of Article 2(2) of Annex VII to the Staff Regulations, who is less than five years old or is not yet in regular full-time attendance at a primary school.
    
2. Upon application an official shall receive an education allowance, hereinafter called education allowance B, for each dependent child, within the meaning of Article 2(2) of Annex VII to the Staff Regulations, who is at least five years old and in regular full-time attendance at a primary or secondary school that charges fees (registration and attendance fees) or at an establishment of higher education. However, the requirement of attendance at a school that charges fees shall not apply to the reimbursement of the cost of transport to and from school.
   
   Temporary attendance at educational or training courses shall not be considered to be regular full-time attendance at an educational establishment within the meaning of these provisions.

Article 2

1. Entitlement to education allowance A shall commence on the first day of the month in which the child is considered for the purposes of the Staff Regulations to be dependent on the official and shall cease at the end of the month preceding the month in which the child satisfies the following two conditions:
    
   • is at least five years old
     
     and
      
   • is in regular full-time attendance at a primary school.

   Entitlement to education allowance A shall cease in any case not later than the end of the month in which the child reaches the age of eight.
    

2. Entitlement to education allowance B shall commence on the first day of the month in which the child satisfies the conditions referred to in Article 1(2) and shall cease at the end of the month in which the conditions giving such entitlement are no longer met and not later than the end of the month in which the child reaches the age of 26.
    
3. An official who is not entitled to remuneration in respect of a whole month shall receive, for the relevant part of the month, an education allowance A or B divided into thirtieths in accordance with the method of calculation laid down in Article 16(2) of Annex VII to the Staff Regulations of officials.
    
4. Where the factual circumstances by virtue of which education allowance B is granted change, the amount of that allowance shall be fixed anew with effect from the first day of the month in which that change occurs.

Article 3

Subject to the maximum amounts prescribed in the first and third subparagraphs of Article 3(1) of Annex VII to the Staff Regulations, without prejudice to the special provisions applicable to staff covered by Annex X to the Staff Regulations, education allowance B shall cover:

1. registration and attendance fees at educational establishments
    
2. transport costs
   
   excluding all other costs, and in particular:
    
   • compulsory expenditure such as for the purchase of books, school equipment, sports equipment, school insurance and medical expenses cover, examination fees, costs of joint extra-curricular activities (school excursions, visits and trips, sports courses, etc.), and other expenses connected with following the curriculum of the educational establishment attended;
      
   • costs incurred as a result of the child’s participation in organised trips to winter, seaside and countryside resorts and similar activities.

Article 4 (Primary and secondary schools)

1.  
   1. The costs specified in Article 3 shall be reimbursed on presentation of supporting documents.
      These costs shall be reimbursed by the payment of monthly sums each corresponding to one-twelfth of the total of the costs incurred.
       
   2. Where the dependent child does not use public transport or a special school service, reimbursement shall be on the basis of the cost of:
       
      • a season ticket for the public means of transport, or
         
      • the special transport serving the school

      taking into account that which is the less expensive of the two and which follows the shortest route between home and school.
       

2. Where a special school transport service is organised for a European School by its parents’ association, the cost per pupil of transport to be reimbursed pursuant to Article 3(b) shall be deemed to be the sum of the actual cost charged to the association by transport undertakings, the cost of any staff employed by the association and the association’s administrative expenses, in connection with the provision of the transport service, and an allowance, where the association considers this necessary, of up to 2% for contingencies, divided by the number of persons using the service.
    
3. The costs specified in Article 3 shall be reimbursed by payment of a flat-rate monthly allowance corresponding to the amount referred to in the first subparagraph of Article 3(1) of Annex VII to the Staff Regulations, for each child attending a primary or secondary school or equivalent educational establishment at a place away from the family home and paying for accommodation at that place.
    
4. On presentation of supporting documents, the official shall be entitled to receive up to twice the amount set out in the first subparagraph of Article 3(1) of Annex VII of the Staff Regulations by way of reimbursement of the costs specified in Article 3, provided his/her place of employment is at least 50 km either from a European School or from a school teaching in his/her mother tongue and the child must attend such a school for imperative educational reasons, adequate proof of which must be provided.

Article 5 (Establishment of higher education)

1. The costs specified in Article 3 shall be reimbursed by payment of a flat-rate monthly allowance equal to that specified in the first subparagraph of Article 3(1) of Annex VII of the Staff Regulations for each child attending an establishment of higher education.
    
2. An official whose place of employment is at least 50 km from an establishment of higher education in the country of which he/she is a national and working in his/her language shall be entitled to reimbursement of the costs specified in Article 3 by payment of up to twice the amount specified in the first subparagraph of Article 3(1) of Annex VII to the Staff Regulations for every child actually attending an establishment of higher education at least 50 km from the place of employment, provided the official is entitled to expatriation allowance; the latter condition shall not apply if there is no such establishment in the country of which the official is a national or if the child attends a higher education establishment in a country other than that of the official’s place of employment.

Article 6

The flat-rate allowance provided for in Articles 4 and 5 above shall also be granted during the school holidays. Where a child does not continue his/her studies after the end of a given academic year, the flat-rate allowance shall be paid up to the end of the month following that in which the child completes his/her studies.

Article 7

The official shall declare any similar allowances received from another source and shall notify any change of circumstance which could give rise to the cessation or reduction of education allowance A or B.

Article 8

These provisions shall apply by analogy to temporary and contract staff.

Article 9 (Transitional provisions)

1. During the period from 1 May 2004 to 31 August 2008, education allowance A shall be granted only as provided for in Article 15 of Annex XIII to the Staff Regulations.
    
2. In accordance with Article 16 of Annex XIII to the Staff Regulations, an official in receipt before 1 May 2004 of a flat rate education allowance equal to 36% or 50% of the maximum amounts provided for in the first and third subparagraphs of Article 3(1) of Annex VII to the Staff Regulations shall continue to receive it as long as the conditions under which it was granted are fulfilled and at the latest until 31 August 2008. However, the amounts of the flat rate payments shall be reduced to 80% of their value at 30 April 2004 on 1 September 2004, to 60% on 1 September 2005, to 40% on 1 September 2006 and to 20% on 1 September 2007.
   
   If the official in receipt of the flat rate allowance referred to in the first subparagraph of this paragraph is entitled also, for the same child, to education allowance B, the amount paid to the official may not exceed, depending on the circumstances, the single or double maximum amount applicable in accordance with the first and third subparagraphs of Article 3(1) of Annex VII to the Staff Regulations.

Article 10

The general implementing provisions for granting the education allowance adopted on 10 February 1977 (IA No 153 of 2.5.1977), as amended by the general implementing provisions adopted on 10 July 1998 (IA special of 26.10.1998), are hereby repealed.

Article 11

These provisions shall take effect on 1 May 2004.

Done at Brussels, 7.4.2004.

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Footnotes
⁽¹⁾ OJ L 56, 4.3.1968, p. 1. Regulation as last amended by Regulation (EC, Euratom) No 723/2004 (OJ L 124, 27.4.2004, p. 1).