EN Official Journal of the European Union CE 78/853

(2004/C 78 E/0905)

WRITTEN QUESTION E-3734/03

by Johanna Boogerd-Quaak (ELDR) to the Commission

(10 December 2003)

Subject: High fees for residence cards

Citizens of EU Member States are regularly confronted with high fees when applying for a residence card in the Netherlands.

1. Is the Netherlands allowed to charge a fee of EUR 285 rather than EUR 28 to extend the validity of a residence card of a Belgian woman because her Dutch husband has never lived or worked outside the Netherlands?

2. Is the Netherlands allowed to charge a fee of EUR 980 in the above case for a permanent residence permit, on the basis of the Netherlands' Aliens Act (Article 21)?

3. Is it true that the European Commission launched an inquiry in October 1998 into the manner in which the Netherlands applies Community law on the free movement of persons? Is this inquiry complete, and what conclusions has it drawn?

Answer given by Mr Vitorino on behalf of the Commission

(9 February 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 duration of validity of the card depends on the capacity in which the Union citizen applies for it (job seeker, worker, inactive person, student).

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 duties 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.

Dutch legislation also provides for the possibility to obtain 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.

According to the information provided by the Honourable Member, it would appear that a Belgian woman has been charged EUR 980 for a permanent residence card in the Netherlands and EUR 285 to renew it. The amounts charged exceed what is foreseen in the above-mentioned legislation and would seem to be contrary to these rules.

The Commission started an infringement procedure against the Netherlands in 1995 on the application to Union nationals of regulations governing permits to take up permanent residence (‘vergunning tot vestiging’) and in particular, on the costs of such permits. At that time, the note ‘vestigingsvergunning’ was placed on the Union residence card, therefore one single document was issued. Following a reasoned opinion sent in November 1997, the Dutch authorities guaranteed that two different documents would be issued from that time onwards: the Union residence card (E document) and the permanent residence permit (A document), the application for the latter being completely voluntary. Union nationals could opt between applying for a permanent residence permit or applying for the extension of the period of validity of the E document and they would be informed of that choice. The higher costs of the fees were not related to the Union residence permit but only to the permanent residence permit and therefore the case was closed in 1999.

In view of the increasing number of complaints received on the cost of permanent resident cards by Union nationals, the Commission will contact the Dutch authorities in order to verify what are the current costs of permanent residence cards and ask them whether, and in what way, Union nationals are informed about their right to obtain only a temporary residence permit at the same price as that charged to nationals for identity cards.