WRITTEN QUESTION E-0652/03

by Erik Meijer (GUE/NGL) to the Commission

(5 March 2003)

Subject: Conflict between the large increase in the price of residence permits in the Netherlands and promotion of freedom of establishment in the EU

1. Is the Commission aware that the Immigration and Naturalisation Service in the Netherlands raised the price of applying for a residence permit by several hundred euro both in August 2000 and at the beginning of 2003, with the result that migrants from other Member States and from third countries living in the Netherlands now have to pay EUR 890 for an open-ended residence permit, instead of, initially, EUR 227 and, later, EUR 539, while the price of temporary permits has risen from EUR 56 to 430 for students, workers and new arrivals from third countries, while those for EU nationals cost EUR 28?

2. Is the Commission also aware that this increase is made particularly swingeing by the fact that an extension of a permit that expires as of 1 March 2003 is no longer free of charge, but will cost EUR 285, people who do not pay the new high prices are expelled from the country and there are no arrangements to help people with low incomes and large families -, and migrants whose application for a residence permit is rejected do not have their money refunded?

3. How do the amounts referred to in point 1 compare with those that people in comparable situations have to pay for similar permits in other EU Member States? Which countries issue such permits free of charge?

4. What impact does the Commission expect these measures to have on the possibility for foreigners to work and study in the Netherlands?

5. Are these prices compatible with the European Union's policy of promoting freedom of establishment for nationals of one Member State in another and of taking increasing account of the situation of third-country nationals who have been resident here for a long time? Does the Commission see any way of doing away with or lowering these prices?

Answer given by Mr Vitorino on behalf of the Commission

(9 April 2003)

The Honourable Member's question relates to the increase in the price of residence permits in the Netherlands.

The Commission was aware that the costs of issuing and renewing residence permits for third-country nationals had increased.

According to the information available to the Commission, the price of issuing and renewing residence permits of third-country nationals is not so high in the other Member States, regardless of the reasons for which they are residing.

With regard to Union citizens, the Commission confirms, following discussion with the Dutch authorities, that the Dutch circular on the 2000 foreigners act has been altered and that the cost of temporary residence permits (under one year or under five years) for Union citizens has increased from EUR 15,88 to EUR 28. A Union citizen may request a residence permit for an indefinite duration.

Community legislation regarding the right of Community nationals to move and reside freely stipulates that residence permits shall be issued free of charge or against payment of a sum not exceeding any charges nationals are required to pay to be issued with an identity card. The Commission has checked that the increase in the price of residence permits for Community nationals and members of their family was almost identical to that of identity cards for nationals which cost EUR 28,77. The increase is therefore non-discriminatory in relation to residence permits for nationals and is in accordance with Community law.

As far as the common immigration policy is concerned, the proposal for the right to family reunification on which the Council recently reached political agreement subject to Parliament's opinion, does not stipulate what the cost of a residence permit should be for family members who are third-country nationals. However, this proposal lists briefly the grounds on which the residence permits of these family members may be withdrawn or not renewed. Within this context, the fact that a person is unable to pay the cost of his or her residence permit is not considered sufficient reason to withdraw his or her residence permit.

Specific provisions have been introduced regarding the cost of residence permits in other Commission proposals for directives concerning the entry and residence of third-country nationals for the purposes of paid employment or self-employed economic activities(1), studies, vocational training or voluntary service(2) and in the proposal concerning the status of long-term residents(3). It is proposed that these be issued free of charge or against payment of a sum not exceeding any charges nationals are required to pay to be issued with an identity card, or that the level of charges should not exceed the administrative costs incurred. These proposals are nevertheless still being negotiated in the Council and are not yet positive law.

(1) OJ C 332 E, 27.11.2001.

(2) OJ C 45 E, 25.2.2003.

(3) OJ C 240 E, 28.8.2001.