WRITTEN QUESTION E-1574/98

by Sérgio Ribeiro (GUE/NGL) to the Commission

(20 May 1998)

Subject: Issue of permanent residence permits in the Netherlands

On 7 February 1996 and 7 April 1997 the Commission replied to my previous questions E-3661/95(1) and E-0973/97(2) on Dutch regulations concerning the cost of residence permits issued to citizens of Member States. It stated in its most recent answer that "as the Commission is not satisfied with the Dutch authorities" reply to its letter, it will deliver a reasoned opinion to the Netherlands'.

Even though more than a year has passed since that answer was given, the situation has not yet been resolved.

Can the Commission say what approaches have been made and what action taken to find a satisfactory solution to this problem?

Answer given by Mr Flynn on behalf of the Commission

(3 August 1998)

The Dutch authorities issue different kinds of residence documents: Union residence permits and a residence document based entirely on national law and called vergunning tot vestiging. The Union residence permit is issued for a fee of 35 hfl, and renewed free of charge. A fee of 500 hfl is charged in order to obtain the vergunning tot vestiging. This latter document provides more rights and guarantees to its holder than required under Community law. It is not limited in time and it can be issued to all foreigners.

A Union citizen working in the Netherlands therefore has two options. There is either the Union residence permit, obtained for a fee of 35 hfl and renewed free of charge for another five-year period, or, if the requirements for issue under Dutch law are met and the citizen so desires, the vergunning to vestiging may be requested for which a fee of 500 hfl is payable, but which grants further advantages. In the Commission's view, this situation respects in principle the conditions laid down under Community law as the Union citizen always has the option to obtain the necessary residence document in accordance with Community law.

Problems did however arise since the Dutch authorities issue the vergunning to vestiging by marking the Union residence permit accordingly. In the Commission's view, this constitutes an extension to an Union residence permit. As a consequence Community law has to be obeyed and the maximum fee may therefore not exceed the fee requested for the issuing of national identity documents (35 hfl). This view was again expressed in a reasoned opinion notified to the Netherlands on 6 November 1997. In their reply of late April 1998 the Dutch authorities maintained their dissenting view but indicated a certain readiness to consider issuing in future different documents, reflecting the different status of the respective residence documents. In addition the Dutch authorities pointed out that the fees for processing applications for residence are currently the subject of discussions being held at the request of the national parliament. Consideration would also be given to a possible reduction in the fee for permanent residence permits.

The Commission is currently seeking further clarifications from the Dutch authorities. The aim is that in future all Union citizens should be clearly informed about their choice in terms of residence documents and the consequences this choice has in terms of fees. In addition the document by which the vergunning to vestiging is issued should clearly reflect that it is not based on Community law.

(1) OJ C 122, 25.4.1996, p. 26.

(2) OJ C 319, 18.10.1997, p. 209.