EN Official Journal of the European Union CE 84/130

(2004/C 84 E/0167)

WRITTEN QUESTION E-4006/03

by Glyn Ford (PSE) to the Commission

(8 January 2004)

Subject: Residence permits and the difficulty of obtaining them

Is the Commission aware that European Union citizens living in a member state other than their own must register with the authorities and apply for a residence permit and that, moreover, the procedure involved in securing a residence permit is never straightforward?

For example, a British woman living in Melilla, Spain does not have a residence permit. In order for her to secure one, she has to provide details of employment, address and even fingerprints as part of a procedure that has, to date, taken six months.

We are supposed to be encouraging free movement of people within the EU. It seems ridiculous that an EU citizen must, in essence, apply to live in another EU Member State, which makes a mockery of the free movement provisions in the treaties.

Would the Commission raise the issue with the relevant Spanish authorities?

Answer given by Mr Vitorino on behalf of the Commission

(11 February 2004)

Community law on free movement and residence provides that Member States shall grant the right of residence in their territory to EU citizens who intend to reside therein for a period of more than three months, subject to certain conditions. These conditions are, basically, to provide proof that they are employed or self-employed, or else that they are covered by sickness insurance in respect of all risks and that they dispose of sufficient resources to avoid becoming a burden for the social assistance system of the host Member State during their period of residence. It is, therefore, legitimate for Member States to require EU citizens to obtain a residence card upon proof that they comply with these conditions.

Community law also provides that the decision to grant residence permits must be taken as soon as possible and no later than six months after application. In the past, the Commission has taken contact with the Spanish authorities on the question of delays to issue or renew residence cards, following individual complaints.

Moreover, the Commission draws the attention of the Honourable Member to the fact that, in accordance with the proposal for a Directive of the Parliament and the Council on the right of citizens of the Union and their family members to move and reside within the territory of the Member States (1) on which the Council adopted a common position on 5 December 2003, which has been transmitted to the Parliament, residence cards shall be suppressed for EU nationals. Under this proposal, host Member States may still require the registration of EU nationals but the formalities would be greatly simplified and a registration certificate would have to be issued on the spot. Furthermore, after five years of legal residence in a Member State, EU nationals would acquire a permanent right of residence and apply for a permanent residence certificate.

The Spanish legislation which transposes current Community law on the right of residence of EU nationals (2) has suppressed the obligation to obtain a residence card for EU nationals who are workers, self-employed persons, students or beneficiaries of the right to remain. According to additional information submitted by the Honourable Member, the British complainant he refers to in his written question is an employee of the Spanish Ministry of Education. As such, she is exempted from the obligation of obtaining a residence card but if she, nevertheless, so desires it she may obtain one.

The Commission has been informed by the complainant that she received a five year residence card on 8 January 2004 but they intend to take contact with the Spanish authorities concerning the extended delay incurred for the renewal of her residence card.

(1) COM(2003) 199 final.

(2) Royal Decree 178/2003 of 14 February on entry and permanence in Spain of nationals of the Member States of the European Union and of other states parties to the agreement on the European Economic Area, (Article 6) Β.Ο.Ε. number 46 of 22 February 2003.