EN Official Journal of the European Union CE 78/514

(2004/C 78 E/0535)

WRITTEN QUESTION E-3296/03

by Ria Oomen-Ruijten (PPE-DE) to the Commission

(7 November 2003)

Subject: Fees for residence permits

It is a regular occurrence for nationals of EU Member States who apply for a residence permit in the Netherlands to be charged large administrative fees. One such case concerns a German woman who has officially been cohabiting with a Netherlands national since 1 July 2002. Until 31 May 2003, when she was made redundant, she used to commute to Germany to work. She is now receiving Dutch unemployment benefit pursuant to Article 71 of Regulation No 1408/71 (1). She has been compelled to pay a fee of EUR 430 for renewal of her residence permit.

The woman has two children, who live with her ex-husband (their father) in Germany. She is a German national and has never worked in the Netherlands. Her cohabiting partner has always lived in the Netherlands, and until March 2001 was self-employed there. Since April 2001 he has been employed by a business in Germany (as a frontier worker).

1. Is it permissible for the Netherlands to charge a fee of EUR 430 per annum for extending a residence permit? Is it permissible to charge this amount for an extension such as that granted on 6 June 2003, which was limited to six months (until 6 December 2003)?

2. Is it permissible for the Netherlands to charge a fee of EUR 285 per child for their residence permits if the German mother wishes to bring her children up in the Netherlands together with her Dutch partner?

3. Does the case described here entail a violation of Community law (EEC Treaty, Articles 13, 17, 18 and 39, and, inter alia, EEC Directive 68/360) (2)?

NB: the charge for a Dutch identity card is EUR 28,73 for the Netherlands' own residents and Netherlands nationals.

Answer given by Mr Vitorino on behalf of the Commission

(15 January 2004)

The Dutch legislation transposing Community law on the right of residence provides that Union citizens who reside in the Netherlands on the basis of Community law may obtain a temporary residence card of up to five years. The validity of the card depends on the capacity in which the Union citizen applies for it (job seeker, worker, inactive person, student).

On the basis of the information provided in the written question, the German national has never worked in the Netherlands and therefore she cannot have applied for a residence card on the basis of directive 68/360/CEE (3). However, it does not derive from the information provided in the parliamentary question in which capacity she applied for a residence card in the Netherlands when she still had a job in Germany and later for an extension when she became unemployed. She could have exercised her right to free movement under directive 90/364/EEC of 28 June 1990 on the right of residence (4) or there is also the possibility that she applied for a residence permit on the grounds of national law on family reunification with her Dutch partner.

Irrespective of the capacity in which a Union citizen applies for a residence card, Community law on free movement provides that residence cards must be issued and renewed free of charge or on payment of an amount not exceeding the dues and taxes charged for the issue of identity cards to nationals. According to the Commission's information, the cost of temporary residence cards issued to Union citizens in the Netherlands has increased to EUR 28. Since national identity cards for nationals cost EUR 28,77 this increase is non-discriminatory with respect to the cost of national identity cards and is, therefore, in conformity with Community law.

The Dutch legislation also provides for the possibility of obtaining a permanent residence card. The cost of this document is EUR 226,89 according to the Commission's information. However, Union citizens are not obliged to apply for this more expensive type of document.

If the German national in question was charged EUR 430 for an extension of her residence card and EUR 285 for each of her children the amounts charged would seem to exceed what is foreseen under the above-mentioned Dutch legislation. However, in order to evaluate the case fully and eventually to take contact with the Dutch authorities, the Commission would require more detailed information about the case.

Finally, the Commission would like to note that Article 13 of the EC Treaty is not applicable in this case as it only provides a legal basis for actions to combat discrimination based on sex, race or ethnic origin, religion or belief, disability, age or sexual orientation.

(1) OJ L 149, 5.7.1971, p. 2.

(2) OJ L 257, 19.10.1968, p. 13.

(3) Council Directive 68/360/EEC of 15 October 1968 on the abolition of restrictions on movement and residence within the Community for workers of Member States and their families, OJ L 257, 19.10.1968.

(4) OJ L 180, 13.7.1990.