WRITTEN QUESTION E-2752/03 by Kathalijne Buitenweg (Verts/ALE)and Joost Lagendijk (Verts/ALE) to the Commission. EU-Turkey Association Agreement: increase in fees for residence permits.
Date: 2003-09-15
Institutions: European Parliament, Provisional data
Subjects: EU visa policy, Netherlands, Türkiye, association agreement (EU), free movement of workers, residence permit, worker (EU)

13.3.2004

EN

Official Journal of the European Union

C 65 E/207

Does the Commission intend to change the rules on intermodality and the carriage of cycles on trains in
the TEN network

The Commission is currently working with passenger rail transport providers on a charter of passengers’
rights. Does this measure also include the carriage of cycles?

Answer given by Mrs de Palacio on behalf of the Commission

(21 October 2003)

The Commission has no plans to include conditions in its decisions or its proposal for the Trans-European
Networks (TEN) guidelines requiring train operators to allow transport of bikes on international train
services, since these financing decisions refer to rail infrastructure investments and do not deal with the
services to be operated on the TEN network.

The Community of European Railways has developed a Charter on Passenger services, which it has
discussed with the representative organisations of consumers and passengers. This Charter, however, only
addresses the issue of the availability of information on the accessibility of trains for bikes, as well as
information on other modes of transport. According to its Workprogramme 2003, the Commission
prepares a Regulation dealing with passengers’ rights and obligations on international rail services, which
address several
issues, amongst which the obligation for railway undertakings to provide pre-trip
information, such as the accessibility of trains for bicycles.

(2004/C 65 E/224)

WRITTEN QUESTION E-2752/03

by Kathalijne Buitenweg (Verts/ALE)
and Joost Lagendijk (Verts/ALE) to the Commission

(15 September 2003)

Subject: EU-Turkey Association Agreement: increase in fees for residence permits

Age 12 and over

Under 12

Old rules

1 May 02

1 Jan 03

Old rules

1 May 02

1 Jan 03

Residence permit (fixed period)

56,72

258

430

22,69

169

Residence permit (indeterminate
period)

Amendment of residence permit

Extension of residence permit

Application for assessment of com-
patibility with EU law

226,89

0

0

539

258

169

890

430

285

N/A

0

0

N/A

169

169

15,88

26

28

15,88

26

285

N/A

285

285

28

It is clear from the above table that, during the course of the past year, the Dutch fees for granting,
extending and amending a residence permit for non-EU nationals have been substantially increased, in
some cases doubled. This increase affects, among others, migrants with Turkish nationality. The increase in
the fees has made it harder for Turkish citizens wishing to work in the Netherlands as employees, self-
employed persons or service providers. Article 41(1) of
to the EEC/Turkey
Association Agreement, and Article 13 of Decision 1/80 of the EEC/Turkey Association Council, prohibit
the introduction of ‘new restrictions on the freedom of establishment and the freedom to provide services’,
and of ‘new restrictions on the conditions of access to employment applicable to workers and members of
their families legally resident and employed in their respective territories.’

the additional protocol

C 65 E/208

Official Journal of the European Union

EN

13.3.2004

Does the Commission rule out the possibility that fee increases on the scale introduced in the last
1.
two revisions constitute a ‘new restriction’ prohibited within the meaning of Article 41(1) of the Additional
Protocol to the EEC-Turkey Association Agreement and Article 13 of Decision 1/80 of the EEC-Turkey
Association Council?

If not, does the Commission propose to take measures, for example by initiating an investigation

2.
seeking to clarify the compatibility of fee increases with the provisions referred to in question 1?

Has the Commission had any comments from the Turkish side, or held consultations with the

3.
Turkish authorities, concerning the Dutch fee increases in relation to the Association Agreement?

Answer given by Mr Vitorino on behalf of the Commission

(30 October 2003)

The Commission is aware of the increases in fees charged by the Netherlands concerning residence permits
referred to by the Honourable Member. In order to ascertain whether they may constitute a new restriction
within the meaning of the Community-Turkey Association Agreement, the Commission is in the course of
writing to the Netherlands to seek further details.

The Commission has not received representations from Turkey on this issue.

(2004/C 65 E/225)

WRITTEN QUESTION E-2756/03

by Marjo Matikainen-Kallström (PPE-DE) to the Commission

(15 September 2003)

Subject: Forwarding of information about passengers flying between the EU and the USA

The EU has decided to provide such detailed information about passengers flying from the EU to the USA
that it even includes credit card numbers.

Does the EU apply reciprocal requirements to those travelling from the United States to the European
Union? If not, why does the EU not require the same information from the USA as the USA does from the
EU? Will the EU introduce a requirement for information about passengers to be provided in the same
detail as the USA requires?

Answer given by Mr Bolkestein on behalf of the Commission

(18 November 2003)

The Commission has not decided that information about passengers should flow to the United States.
In fact, the US authorities have unilaterally imposed on airlines flying to, from and through the United
States the obligation to provide access to Passenger Name Record (PNR) information, which is likely to
contain personal details regarding the passengers, as well as information about the reservation and the
flight.

The Commission considers that this requirement may conflict with EC data protection rules and is holding
discussions with the relevant US authorities to find a solution that fully respects both US and EC law and
makes the US authorities’ legitimate objective of fighting terrorism (cid:1) which the Union fully shares (cid:1)
compatible with the need to protect citizens’ fundamental rights, including the protection of their personal
data.

In the discussions with the US authorities the Commission has made clear that it considers certain aspects
of the US request for access to passenger data in its current terms as disproportionate. This has also been
highlighted by the Parliament and by some national data protection authorities in Member States.