# CE2004065EN.01020701.xml

| 13.3.2004 | EN | Official Journal of the European Union | CE 65/207 |
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13.3.2004

EN

Official Journal of the European Union

CE 65/207

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(2004/C 65 E/224)

WRITTEN QUESTION E-2752/03

by Kathalijne Buitenweg (Verts/ALE) and Joost Lagendijk (Verts/ALE) to the Commission

(15 September 2003)

Subject:   EU-Turkey Association Agreement: increase in fees for residence permits

Subject:

| | Age 12 and over | Under 12 |
| --- | --- | --- |
| Old rules | 1 May 02 | 1 Jan 03 | Old rules | 1 May 02 | 1 Jan 03 |
| Residence permit (fixed period) | 56,72 | 258 | 430 | 22,69 | 169 | 285 |
| Residence permit (indeterminate period) | 226,89 | 539 | 890 | N/A | N/A | N/A |
| Amendment of residence permit | 0 | 258 | 430 | 0 | 169 | 285 |
| Extension of residence permit | 0 | 169 | 285 | 0 | 169 | 285 |
| Application for assessment of compatibility with EU law | 15,88 | 26 | 28 | 15,88 | 26 | 28 |

Age 12 and over

Under 12

Old rules

1 May 02

1 Jan 03

Old rules

1 May 02

1 Jan 03

Residence permit (fixed period)

56,72

258

430

22,69

169

285

Residence permit (indeterminate period)

226,89

539

890

N/A

N/A

N/A

Amendment of residence permit

0

258

430

0

169

285

Extension of residence permit

0

169

285

0

169

285

Application for assessment of compatibility with EU law

15,88

26

28

15,88

26

28

It is clear from the above table that, during the course of the past year, the Dutch fees for granting, extending and amending a residence permit for non-EU nationals have been substantially increased, in some cases doubled. This increase affects, among others, migrants with Turkish nationality. The increase in the fees has made it harder for Turkish citizens wishing to work in the Netherlands as employees, self-employed persons or service providers. Article 41(1) of the additional protocol to the EEC/Turkey Association Agreement, and Article 13 of Decision 1/80 of the EEC/Turkey Association Council, prohibit the introduction of ‘new restrictions on the freedom of establishment and the freedom to provide services’, and of ‘new restrictions on the conditions of access to employment applicable to workers and members of their families legally resident and employed in their respective territories.’

| 1. | Does the Commission rule out the possibility that fee increases on the scale introduced in the last two revisions constitute a ‘new restriction’ prohibited within the meaning of Article 41(1) of the Additional Protocol to the EEC-Turkey Association Agreement and Article 13 of Decision 1/80 of the EEC-Turkey Association Council? |
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1.

Does the Commission rule out the possibility that fee increases on the scale introduced in the last two revisions constitute a ‘new restriction’ prohibited within the meaning of Article 41(1) of the Additional Protocol to the EEC-Turkey Association Agreement and Article 13 of Decision 1/80 of the EEC-Turkey Association Council?

| 2. | If not, does the Commission propose to take measures, for example by initiating an investigation seeking to clarify the compatibility of fee increases with the provisions referred to in question 1? |
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2.

If not, does the Commission propose to take measures, for example by initiating an investigation seeking to clarify the compatibility of fee increases with the provisions referred to in question 1?

| 3. | Has the Commission had any comments from the Turkish side, or held consultations with the Turkish authorities, concerning the Dutch fee increases in relation to the Association Agreement? |
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3.

Has the Commission had any comments from the Turkish side, or held consultations with the Turkish authorities, concerning the Dutch fee increases in relation to the Association Agreement?

Answer given by Mr Vitorino on behalf of the Commission

(30 October 2003)

(30 October 2003)

The Commission is aware of the increases in fees charged by the Netherlands concerning residence permits referred to by the Honourable Member. In order to ascertain whether they may constitute a new restriction within the meaning of the Community-Turkey Association Agreement, the Commission is in the course of writing to the Netherlands to seek further details.

The Commission has not received representations from Turkey on this issue.

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