WRITTEN QUESTION E-2849/99 by Bartho Pronk (PPE-DE) to the Commission. Access to Social Insurance (Additional Categories of Persons) Decree.
Date: 2000-01-18
Institutions: European Parliament, Provisional data
Subjects: Netherlands, free movement of workers, infringement of EU law, pension scheme, residence

3.10.2000

EN

Official Journal of the European Communities

C 280 E/147

Page 12 of the brochure indicates what identity documents are permitted. The only non-Dutch document
which is permitted is a non-Dutch passport. No distinction is made between EU citizens and non-EU
citizens.

Does the Commission consider the brochure(cid:146)s interpretation of Dutch legislation to be contrary to
1.
the relevant EU legislation, particularly that concerning free movement of persons and non-discrimination?

Dutch driving licences are recognised as identity documents, but not the driving licences of other

2.
Member States. Does this constitute discrimination?

3.
Identity cards of EU Member States are not recognised but only passports, although the same identity
cards are recognised as travel documents and the Netherlands recognises its own identity card. Does this
constitute discrimination?

In a number of cases, a foreign passport alone is not sufficient: the passport must contain an

4.
indication that a residence permit has been issued. Does not this constitute discrimination?

5. What will the Commission do to change this situation?

6.
If Dutch legislation accords with the Treaty on European Union but the brochure does not, can the
Commission take steps to ensure that the brochure is altered, since in practice it is regarded as containing
binding instructions?

Answer given by Mr Vitorino on behalf of the Commission

(7 February 2000)

The Commission will contact the Dutch authorities to obtain full details of the circumstances to which the
the Commission will certainly institute proceedings under
Honourable Member refers.
Article 226 (formerly Article 169) of the EC Treaty.

If necessary,

(2000/C 280 E/166)

WRITTEN QUESTION E-2849/99

by Bartho Pronk (PPE-DE) to the Commission

(18 January 2000)

Subject: Access to Social Insurance (Additional Categories of Persons) Decree

In the Netherlands, an amendment to the Access to Social Insurance (Additional Categories of Persons)
Decree entered into force on 1 January (new Royal Decree 746). According to the decree, retired people
who are in receipt of long-term benefit and reside in another EU Member State are no longer regarded as
enjoying insurance cover. Many commentators consider that the decree may violate Regulation 1408/71 (1)
and European case law.

1.
The Netherlands Government does not agree, as witness the reply by State Secretary Hoogervorst to
questions tabled by Mrs Verburg, Member of the Lower House of the Netherlands Parliament. The State
Secretary invokes the judgment given by the Court of Justice of the European Communities on 11 June
1998 in case C-275/96, A. Kuusij(cid:228)rvi v. Riksf(cid:246)rs(cid:228)kringsverket, and the text of the Regulation as amended
in 1991. Does the Commission agree with this reasoning? What might case C-275/96 have to do with the
issue, as the undersigned feels that the link between case C-275/96 and the amendment in question is far
from obvious?

If the Commission considers that the contentious amendment of the contentious decree seems to

2.
violate European measures, what will it do about this?

(1) OJ L 149, 5.7.1971, p. 2.

C 280 E/148

Official Journal of the European Communities

EN

3.10.2000

Answer given by Mrs Diamantopoulou on behalf of the Commission

(25 February 2000)

According to the information in the Commission(cid:146)s possession, it is true that as from 1 January 2000
recipients of long-term social security benefits from the Netherlands (WAO, AOW) granted on the basis of
previous occupational activity in that country are no longer regarded as being covered by statutory
insurance there if they reside in another Member State. This change in the legislation means that
compulsory contributions will no longer be levied and the persons concerned will no longer be entitled,
for instance, to family benefits (AKW), survivor(cid:146)s and orphan(cid:146)s pensions (ANW), or to coverage of special
medical costs (AWBZ). However, persons aged 65 or over will still have the right to take out voluntary
ANW insurance in order to provide social security cover for their survivors.

to self-employed persons and to members of

The question is whether the change is compatible with Community law, in particular certain provisions of
Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to
employed persons,
their families moving within the
Community (1), as interpreted by the Court of Justice, for example in judgment C-275/96 (2) delivered on
11 June 1998 (Kuusijarvi case). The substance of this judgment is that Regulation (EEC) No 1408/71 does
not preclude the legislation of a Member State from making the right of a person who has ceased all
occupational activity in its territory to remain subject to its legislation dependent on continued residence
there. The Court also held that if such a person has transferred his residence to another Member State,
where he lives with the members of his family, he loses the right to continue to receive family benefits
paid under that legislation.

The Commission has received a large number of complaints from persons affected by this change in the
Netherlands and has therefore requested further information from the Netherlands authorities so that it can
form an opinion on this complex issue. The Commission is carefully examining the detailed reply that it
has received from the Netherlands authorities.

(1) OJ L 28, 30.1.1997 (amending).
(2)

[ECR 1998 (cid:129) I-3419].

(2000/C 280 E/167)

WRITTEN QUESTION E-2851/99

by Bartho Pronk (PPE-DE) to the Commission

(18 January 2000)

Subject: Discrimination against EU citizens in implementation of the Netherlands Benefit Entitlement

(Residence Status) Act

On 20 October 1998, the Commission replied to my question No E-2744/98 (1) about discrimination
against EU citizens in implementation of the Netherlands Benefit Entitlement (Residence Status) Act. It said
that it would seek information from the Dutch authorities about the scope of the Act and the relevant
circular.

What was the outcome of the Commission(cid:146)s inquiries? Does the Commission believe that the question of
this legislation and its application to EU citizens has now been resolved in a non-discriminatory manner?

(1) OJ C 118, 29.4.1999, p. 132.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(22 February 2000)

The Commission has contacted the Netherlands authorities. They confirm that Community nationals who
are entitled to reside in the Netherlands in accordance with Community law as interpreted by the Court of
Justice are treated on a par with Netherlands nationals. Notably, this means that there is no discrimination
as regards the award of social security benefits or social advantages.