WRITTEN QUESTION P-2824/98

by Hedy d'Ancona (PSE) to the Commission

(11 September 1998)

Subject: EU citizens' obligation to register with the authorities

On 1 July 1998 a new Act came into force in the Netherlands, the effect of which is that aliens who are not lawfully resident in the Netherlands are denied access to administrative bodies.

The underlying principle is that the nature of an alien's residence in the Netherlands determines his entitlement to benefits, allowances, exemptions and authorisations. Every administrative body needs to know whether a person is lawfully resident in the Netherlands. To this end they can consult the GBA (Gemeentelijke Basis Administratie - local authorities' database) which in turn obtains its data from the VAS (Vreemdelingen Administratie Systeem - aliens database)

In accordance with Article 10(1) of the Dutch Aliens Act, EU citizens derive their right of residence directly from Community law. In principle EU citizens can only be entered in the GBA without being registered in the VAS. However, on 28 April 1998 the head of the IND (Immigratie en Naturalisatiedienst - Dutch Immigration and Naturalisation Service) wrote to his heads of department saying:

"To qualify for benefits or allowances Community citizens, too, must be in possession of a certificate showing evidence of lawful residence. Following introduction of the new Act this will also apply to registration in the GBA."

Failure to be in possession of a certificate will have far-reaching consequences. It will create an additional obstacle for persons from the EU in search of work. They will need to spell out the purpose of their residence, and will thereby need to perform a separate administrative act.

Does the Commission regard the registration obligation introduced by the new Act as discriminatory compared with national subjects who are merely obliged to be able to produce some form of identification? Does the Commission feel that EU citizens will, as a result, miss out on social security benefits which will remain reserved for nationals (Regulation (EEC) 1612/68)(1)? Will not these measures result in an obstacle to the free movement of workers within the European Union?

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

Joint answer

to Written Questions E-2744/98 and P-2824/98 given by Mr Flynn on behalf of the Commission

(20 October 1998)

The Commission would like to emphasise the fact that, in accordance with Community law as interpreted by the Court of Justice, the rights conferred on Community workers for the purposes of pursuing an economic activity or seeking employment in the territory of another Member State are derived directly from the Community legal order(1). The right to equal treatment for Community workers, including for the purposes of obtaining social advantages or gaining access to public services, is derived directly from Community law.

Consequently, such a right cannot, as far as Community workers are concerned, depend on the issuing of a residence permit or entry in municipal registers of foreigners. For bureaucratic obligations imposed on Community workers by Member States in conformity with Community law do not provide entitlement to equal treatment.

On the basis of the above considerations and the information provided by the Honourable Members, the Commission will contact the Netherlands authorities in order to obtain information on the scope of the Act (koppelingswet) and Circular in question.

(1) See judgment of 8 April 1976, case C-48/75 (Royer), ECR 497.