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(2004/C 65 E/151)

WRITTEN QUESTION E-2369/03

by Jorge Hernández Mollar (PPE-DE) to the Commission

(17 July 2003)

Subject:   Local registration of EU citizens resident in Member States of which they are not nationals

Freedom of movement and establishment are enabling millions of EU citizens to settle in Member States of which they are not nationals, thus remaking their lives and concretising one of the Union's great successes.

However, in most cases, when EU citizens settle in a locality of a Member State of which they are not nationals, they do not register with the local authorities. This is prejudicial to the locality concerned, which has no record of its new resident and therefore does not receive its due payment from national tax revenues.

What steps does the Commission believe it can take to tackle the failure of EU citizens to register in their chosen locality in a Member State of which they are not nationals, in the interests of the host local authorities, given that otherwise the latter will have to support their new residents without receiving the corresponding funds from central and regional government?

Answer given by Mr Vitorino on behalf of the Commission

(16 September 2003)

Community law on free movement and residence requires Member States to recognise the right of residence on their territory of persons who meet certain conditions: in particular, they must pursue an economic activity either as employed or self-employed persons or possess resources. This right is acknowledged by the issuing of a residence card. With regard to periods of residence of under three months or in the case of frontier or seasonal workers, the host Member State is not required to issue a residence permit to a Union citizen, but may ask the person in question to report his/her presence within its territory.

On their own initiative, some Member States have already removed or are planning to remove from their national legislation implementing the Community law referred to, the obligation on Union citizens, with the exception of persons not engaged in an economic activity, to obtain a residence card.

The amended proposal for a Parliament and Council Directive on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (1) goes further and proposes to abolish the residence card for all categories of Union citizen and to replace it by the option for host Member States to require Union citizens to register with the competent authorities. It provides that the host Member State may require the person in question to report his/her presence within its territory. Failure to fulfil the obligations to register and report can be liable to non-discriminatory and proportionate penalties.

Where a Member State imposes the obligation on a Union citizen to obtain a residence card or to report his/her presence within its territory, it must establish a system of effective and dissuasive penalties to be applied in the event of failure to fulfil this obligation, but these penalties must be proportionate and nondiscriminatory in relation to those applied to nationals for comparable offences.

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(1)  COM(2003) 199 final.

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