WRITTEN QUESTION E-2278/01 by Herman Schmid (GUE/NGL) to the Commission. Rules governing EU passports.
Date: 2001-07-31
Institutions: European Parliament, Provisional data
Subjects: European passport

14.2.2002

EN

Official Journal of the European Communities

C 40 E/231

Answer given by Mrs Diamantopoulou on behalf of the Commission

(4 September 2001)

The Commission(cid:146)s attention has recently been drawn to complaints concerning the failure by the Belgian
authorities to apply the case law of the Court of Justice laid down in the judgment in the Engelbrecht case,
C-262/97 (1), to which the Honourable Member refers.

On 18 July 2001, the Commission therefore contacted the Belgian authorities to ask what measures had
been taken to comply with the case law in cases similar to that of Mr Engelbrecht. The Commission
pointed out that the nature of their reply or failure to reply within two months might induce the
Commission to initiate, where appropriate,
the infringement procedure referred to in Article 226
(ex Article 169) of the EC Treaty.

The Commission would point out to the Honourable Member that the procedure referred to in Article 228
(ex Article 171) of the EC Treaty implies that the Court has already previously condemned a Member State
for infringement under the procedure referred to in Article 226 of the EC Treaty, after having established
that the latter had failed to meet its obligations. That procedure therefore cannot be initiated for failure to
implement a judgment issued following a request for a preliminary ruling, as in the case in question.

Finally, any obligation to pay compensation/interest implies that a flagrant violation of Community law
has been established (2), the amount being determined by national courts under the national appeals
procedure.

(1) OJ C 295, 27.9.1997.
(2) See the Court(cid:146)s judgment of 28 June 2001, Gervais Larsy v. Institut national d(cid:146)assurances sociales pour travailleurs

indØpendants (INASTI), Case C-118/00.

(2002/C 40 E/250)

WRITTEN QUESTION E-2278/01

by Herman Schmid (GUE/NGL) to the Commission

(31 July 2001)

Subject: Rules governing EU passports

On inquiry the National Police Board in Sweden has told me that I am not allowed to have the fact that I
am a Member of
Is this a correct
the European Parliament entered in my Swedish EU passport.
interpretation of the rules in force?

Answer given by Mr Vitorino on behalf of the Commission

(14 September 2001)

By Resolutions of 23 June 1981 (1), 30 June 1982 (2), 14 July 1986 (3) and 10 July 1995 (4),
the
Representatives of the Governments of the Member States meeting in the Council established a uniform
model passport and decided on the adaptations needed following the entry into force of the Treaty on
European Union.

In the uniform passport
nationality, date of birth, sex, place of birth, date issued, date of expiry, authority, bearer(cid:146)s signature.

information are to be entered: name,

the following items of

forenames,

There is basically no requirement for the bearer(cid:146)s occupation or status to be entered.

But the Resolutions leave the Member States with considerable scope for discretion. For example, it is for
the Member States to determine whether they will issue this kind of passport to persons other than their
own nationals. And in certain situations they may issue passports of a different kind, such as diplomatic or
service passports.

(1) OJ C 241, 19.9.1981.
(2) OJ C 179, 16.7.1982.
(3) OJ C 185, 24.7.1986.
(4) OJ C 200, 4.8.1995.