WRITTEN QUESTION E-2301/02 by Guido Bodrato (PPE-DE) to the Commission. Free movement and residence permit.
Date: 2002-07-25
Institutions: European Parliament, Provisional data
Subjects: EU national, child of migrant, citizens' Europe, identity document, nationality, residence permit, rights of aliens, simplification of formalities

C 110 E/40

Official Journal of the European Union

EN

8.5.2003

(2003/C 110 E/040)

WRITTEN QUESTION E-2300/02

by Guido Bodrato (PPE-DE) to the Commission

Subject: Free movement and identity documents

(25 July 2002)

In reply to the questions by Mr Speroni and Mr Gobbo of 22 October 2001 (P-2996/01 and P-3010/01 (1))
the Commission confirms that valid identity cards or passports are the only documents recognised by all
Member States when Union citizens leave their own country for a Member State other than the one of
which they are a national. This is perfectly acceptable. The problem, however, according to European
citizens themselves, concerns more specifically the situation of European citizens who settle in a Member
State of which they are not a national and obtain from that State an identity document (residence permit)
under the terms of Directive 68/360/EEC (2) of 15 October 1968. Why should this document not be
considered valid, when the person in question goes to, or passes through, another Member State, to prove
that he or she is a citizen of the European Union and hence enjoys the right to freedom of movement?

The Court of Justice’s ruling of 21 September 1999 in Case C-378/97 (Wijsenbeek) shows that the
Member States retain the right to carry out identity checks to ascertain whether the person being checked
is a citizen of a Member State and therefore has the right to move freely within the territory of the
Member States.

Given that Community law overrides national
law, why should an official document issued under a
Community act not be sufficient to prove a person’s identity when that person (cid:1) a holder of an identity
document issued by the country in which he or she has settled (cid:1) is temporarily in another Member State
on holiday or for family reasons? Is there not a contradiction between the right to freedom of movement
and the refusal to recognise the validity of a document issued by virtue of an act which confirms that right
to freedom of movement?

(1) OJ C 115 E, 16.5.2002, p. 211.
(2) OJ L 257, 19.10.1968, p. 13.

Answer given by Mr Vitorino on behalf of the Commission

(23 September 2002)

All citizens with the nationality of one of the Member States are entitled to move and settle freely within
the territory of the EU Member States. The identity card or passport required to exercise this right serves
primarily to confirm the citizen’s status as a citizen of the Union.

Each Member State determines the conditions under which nationality is granted and issues its own
citizens with an identity document indicating their nationality: this may be a valid identity card or
passport.

The purpose of the residence permit,
issued to Union citizens residing in another Member State in
accordance with the provisions of Community law, is not to confirm the holder’s nationality, but to certify
that he or she has the right of residence in the host Member State. The residence permit is issued on the
basis of an identity card or passport, these being the only documents which confirm the holder’s
nationality and thereby the fact that he or she enjoys the rights conferred by the provisions of the EC
Treaty and the rules of secondary legislation.

(2003/C 110 E/041)

WRITTEN QUESTION E-2301/02

by Guido Bodrato (PPE-DE) to the Commission

(25 July 2002)

Subject: Free movement and residence permit

Under Directive 68/360/EEC (1) of 15 October 1968, European citizens living in a Member State of which
they are not a national receive an identity or identification document known as a ‘Residence Permit for a
National of a Member State of the EEC’.

8.5.2003

EN

Official Journal of the European Union

C 110 E/41

More than thirty years have elapsed since 1968 and many European citizens born since then in a Member
State of which they are not a national still possess a ‘residence permit’. Is it not paradoxical and somewhat
absurd that people can be considered temporary residents in a country in which they were born and in
which they have lived on an ongoing basis for 20-30 years?

As it is highly unlikely that a true European identity card (cid:1) which is what European citizens are
demanding (cid:1) can be introduced at present, why does the Commission not, in the meantime, amend
Directive 68/360/EEC and change the ‘residence permit’ into a ‘domicile permit’?

(1) OJ L 257, 19.10.1968, p. 13.

Answer given by Mr Vitorino on behalf of the Commission

(23 September 2002)

On 23 May 2001 the Commission adopted a proposal for a Directive concerning the right of Union
citizens and their family members to travel and reside within the territory of the Member States (1). Once it
has been adopted by Parliament and the Council, the new Directive will replace Council Directive of
15 October 1968 on the abolition of restrictions on movement and residence within the Community for
workers of Member States and their families (2), referred to by the Honourable Member, and all the other
legal instruments in force governing the free movement of a range of groups of people: self-employed
workers, service providers and recipients, retired people, people who are not economically active, and
students.

With a view to simplifying the formalities relating to residence, the proposal provides for the abolition of
the residence permit for Union citizens for an initial period of residence of four years. It also provides that
after four years of uninterrupted residence in the host Member State, Union citizens acquire permanent
right of residence, which implies that they must be accorded equal treatment with national citizens and
cannot be expelled from the country concerned. At this stage, Union citizens can obtain a ‘permanent
residence card’ enshrining this right.

(1) OJ C 270, 29.9.2001.
(2) OJ L 257, 19.10.1968.

(2003/C 110 E/042)

WRITTEN QUESTION E-2334/02

by Bob van den Bos (ELDR)
and Nelly Maes (Verts/ALE) to the Commission

(26 July 2002)

Subject: Landmines

According to Landmine Monitor 2001 at least 30 armed groups are reported to have used landmines in
2000 and 2001. In September 2001, the European Parliament voted unanimously a resolution calling on
the international community to support efforts made by specialised NGOs (1), such as Geneva Call, to
obtain commitments to an anti-personnel mine ban from non-State actors.

In the budget 2002 the commitments under the special budget line for Community participation in
1.
action concerning anti-personnel mines consisted of EUR 11,5 million. Can the Commission specify how
much of this amount has been spent on supporting efforts to commit non-State actors in 2002?

2. What type of projects has the Commission financed under this budget line so far?

3. Will the Commission consider intensifying its activities to support the efforts of non-State actors in
banning anti-personnel mines? If so, what type of activities does it envisage?

(1) OJ C 72 E, 21.3.2002, p. 352.