# CE2004084EN.01027001.xml

| 3.4.2004 | EN | Official Journal of the European Union | CE 84/270 |
| --- | --- | --- | --- |

3.4.2004

EN

Official Journal of the European Union

CE 84/270

---

(2004/C 84 E/0317)

WRITTEN QUESTION E-3941/03

by Ilda Figueiredo (GUE/NGL) to the Commission

(19 December 2003)

Subject:   Discrimination over issue of housing permit in Rotterdam

Subject:

According to recent press reports (see the Portuguese newspaper ‘Expresso’, 6 December 2003), the city council of Rotterdam (Netherlands) has decided that in future housing licences in the city will be issued only to persons who earn at least 120 % of the minimum wage and, if they are immigrants, have taken an ‘integration course’ and passed the relevant examination.

These proposals are unacceptable and contrary to the principles of the European Union, notably those of solidarity, non-discrimination, action for social inclusion and the free movement of persons.

| 1. | Is the Commission aware of this decision by the Rotterdam city council, aimed at securing the expulsion of the less-favoured from the city? |
| --- | --- |

1.

Is the Commission aware of this decision by the Rotterdam city council, aimed at securing the expulsion of the less-favoured from the city?

| 2. | What measures will the Commission take to stop this decision being implemented, given that it amounts to an attack on human rights? |
| --- | --- |

2.

What measures will the Commission take to stop this decision being implemented, given that it amounts to an attack on human rights?

Answer given by Mr Vitorino on behalf of the Commission

(18 February 2004)

(18 February 2004)

The Tampere European Council (1999) set the guidelines for a common EU asylum and immigration policy. This policy includes the fair treatment of third country nationals residing legally on the territory of Member States. The European Council conclusions state that the legal status of legally resident third country nationals should be approximated to that of Member States' nationals. Third country nationals should be granted a set of uniform rights, which are as near as possible to those enjoyed by EU citizens.

This is concretised by Council Directive 2003/109/EC of 25 November 2003 concerning the status of third country nationals who are long-term residents. Article 11(f) of the Directive provides that third country nationals entitled to long-term resident status should enjoy equality of treatment with nationals as far as access to goods and services are concerned. This includes in particular access to procedures for obtaining housing. The Member States must transpose this Directive by 23 January 2006 at the latest.

For other migrants, who are not long-term residents, there is no legal provision at EU level for the moment which guarantees the equal treatment in terms of access to housing.

For migrant workers who are nationals of Member States, it should be underlined that, according to Article 9 of Regulation 1612/68/EEC, they shall enjoy all the rights and benefits accorded to national workers in matters of housing including ownership of the housing they need.

In the case of the measures taken in Rotterdam, the situation described seems, however, to demonstrate that no discrimination is being made between nationals and third country nationals as far as the attribution of housing permits is concerned, because the level of 120 % of minimum wages is applied to both.

As far as the general conditions for granting housing permits are concerned, this falls clearly within the exclusive competence of the Member States. The Commission is, therefore, not competent to assess such measures.

---