WRITTEN QUESTION No. 3116/97 by Leonie van BLADEL to the Council. Ban on asylum seekers driving motor vehicles
Date: 1997-10-09
Institutions: European Parliament, VAN BLADEL
Subjects: Netherlands, driving licence, legal domicile, national law, political refugee, residence

25. 5. 98

EN

Official Journal of the European Communities

C 158/35

In the light of the substantial difficulties involved in taxing passenger transport within the Community, it was
decided in 1995, as follow-up to the 1992 proposed on passenger transport (2), to carry out a study on the VAT
arrangements  and  the  competitive  situation  in  the  passenger  transport  sector.  The  study  should  be  finalised
before the end of 1997. On the basis of its findings and in the light of the problems currently being encountered,
the Commission plans to present a consultation document on the subject in 1998.

(1)  OJ L 145, 13.6.1977.
(2)  OJ C 307, 25.11.1992.

(98/C 158/44)

WRITTEN QUESTION E-3116/97

by Leonie van Bladel (UPE) to the Council

(9 October 1997)

Subject: Ban on asylum seekers driving motor vehicles

1.
Is  the  Council  aware  of  the  article  in  the  (cid:145)Nederlandse  Landelijke  Allochtonenkrant(cid:146)  of  Wednesday,
17  September  which  states  that  after  six  month(cid:146)s  residence  in  the  Netherlands  asylum  seekers  are  banned
completely from driving motor vehicles?

Does the Council take the view that Article 111(3) of the Netherlands Road Traffic Act, which states that
2.
driving licences are issued only to persons permanently resident in the Netherlands, unnecessarily violates the
fundamental right of freedom of movement for asylum seekers?

3. Will the Council instruct the Commission to submit directives ensuring that asylum seekers in the countries
of the European Union who are in possession of a valid certificate of driving proficiency and/or a valid driving
licence from their country of origin are at all times during the period of their application for asylum able to drive
a motor vehicle in their host country?

Answer

(16 February 1998)

1.

The Council is not aware of the article in the (cid:145)Nederlandse Landelijke Allochtonenkrant(cid:146).

2.
Community law does not provide any guarantees concerning the free movement of asylum-seekers. Under
Article 7(1)(b) of Directive 91/439/EEC of 29 July 1991 on driving licences (1), driving licences can only be
issued  to  persons  who  have  their  normal  residence  in  the  territory  of  the  Member  State  issuing  the  driving
licence. An asylum-seeker who is authorized to remain in the territory of a Member State is therefore covered by
this provision.

(1)  OJ L 237, 24.8.1991, p. 1.

(98/C 158/45)

WRITTEN QUESTION E-3118/97

by Leonie van Bladel (UPE) to the Council

(9 October 1997)

Subject: Directives on pension schemes

1.
Does  the  Council  share  the  suspicions  of  a  number  of  senior  citizens(cid:146)  associations  who  feel  that  the
introduction of the euro will cause an alarming drop in the value of very many pensions within the European
Union?

Is  the  Council  aware  of  statements  by  Mr  van  Amelsvoort,  former  Dutch  State  Secretary  for  Financial
2.
Affairs and currently president of the KBO (Catholic senior citizens(cid:146) association), that inflation of the European
currency can be caused by wage demands in France and Italy because pensions in those countries are directly
funded from tax revenue and those countries will not be able to pay the pensions of senior citizens without an
increase in taxation?