WRITTEN QUESTION E-3734/03 by Johanna Boogerd-Quaak (ELDR) to the Commission. High fees for residence cards.
Date: 2003-12-10
Institutions: European Parliament, Provisional data
Subjects: Netherlands, application of EU law, citizen-authority relations, discrimination on the basis of nationality, free movement of persons, residence permit

27.3.2004

EN

Official Journal of the European Union

C 78 E/853

(2004/C 78 E/0905)

WRITTEN QUESTION E-3734/03

by Johanna Boogerd-Quaak (ELDR) to the Commission

(10 December 2003)

Subject: High fees for residence cards

Citizens of EU Member States are regularly confronted with high fees when applying for a residence card
in the Netherlands.

1.
Is the Netherlands allowed to charge a fee of EUR 285 rather than EUR 28 to extend the validity of a
residence card of a Belgian woman because her Dutch husband has never lived or worked outside the
Netherlands?

Is the Netherlands allowed to charge a fee of EUR 980 in the above case for a permanent residence

2.
permit, on the basis of the Netherlands’ Aliens Act (Article 21)?

3.
Is it true that the European Commission launched an inquiry in October 1998 into the manner in
which the Netherlands applies Community law on the free movement of persons? Is this inquiry complete,
and what conclusions has it drawn?

Answer given by Mr Vitorino on behalf of the Commission

(9 February 2004)

The Dutch legislation transposing Community law on the right of residence provides that Union citizens
who reside in the Netherlands on the basis of Community law may obtain a temporary residence card of
up to five years. The duration of validity of the card depends on the capacity in which the Union citizen
applies for it (job seeker, worker, inactive person, student).

Irrespective of the capacity in which a Union citizen applies for a residence card, Community law on free
movement provides that residence cards must be issued and renewed free of charge or on payment of an
amount not exceeding the duties and taxes charged for the issue of identity cards to nationals. According
to the Commission’s information, the cost of temporary residence cards issued to Union citizens in the
Netherlands has increased to EUR 28. Since national identity cards, for nationals, cost EUR 28,77, this
in
increase is non-discriminatory with respect to the cost of national
conformity with Community law.

identity cards and is, therefore,

Dutch legislation also provides for the possibility to obtain a permanent residence card. The cost of this
document is EUR 226,89 according to the Commission’s information. However, Union citizens are not
obliged to apply for this more expensive type of document.

According to the information provided by the Honourable Member, it would appear that a Belgian woman
has been charged EUR 980 for a permanent residence card in the Netherlands and EUR 285 to renew it.
The amounts charged exceed what is foreseen in the above-mentioned legislation and would seem to be
contrary to these rules.

The Commission started an infringement procedure against the Netherlands in 1995 on the application to
Union nationals of regulations governing permits to take up permanent residence (‘vergunning tot
vestiging’) and in particular, on the costs of such permits. At that time, the note ‘vestigingsvergunning’ was
placed on the Union residence card, therefore one single document was issued. Following a reasoned
opinion sent in November 1997, the Dutch authorities guaranteed that two different documents would be
issued from that time onwards: the Union residence card (E document) and the permanent residence
permit (A document), the application for the latter being completely voluntary. Union nationals could opt
between applying for a permanent residence permit or applying for the extension of the period of validity
of the E document and they would be informed of that choice. The higher costs of the fees were not
related to the Union residence permit but only to the permanent residence permit and therefore the case
was closed in 1999.

C 78 E/854

Official Journal of the European Union

EN

27.3.2004

In view of the increasing number of complaints received on the cost of permanent resident cards by Union
nationals, the Commission will contact the Dutch authorities in order to verify what are the current costs
of permanent residence cards and ask them whether, and in what way, Union nationals are informed about
their right to obtain only a temporary residence permit at the same price as that charged to nationals for
identity cards.

(2004/C 78 E/0906)

WRITTEN QUESTION E-3749/03

by Roberta Angelilli (UEN) to the Commission

(10 December 2003)

Subject: Update on use of funding from the LIFE III programme by the municipality of Massa

In its answer to question E-1052/03 (1), which asked whether the municipality of Massa had submitted
projects and secured funding under the LIFE III programme, the Commission stated that a number of
proposals had been submitted but they had not been funded.

Can the Commission say why the projects submitted were not considered suitable?

(1) OJ C 280 E, 21.11.2003, p. 104.

Answer given by Mrs Wallström on behalf of the Commission

(16 January 2004)

The Commission informs the Honourable Member that the proposal submitted by the municipality of
Massa under the LIFE III Programme for 2000 was not co-financed. The Commission informed the
applicant of the reasons in its letter of 10 September 2001. The municipality of Massa did not submit any
proposals in 2002 or 2003.

(2004/C 78 E/0907)

WRITTEN QUESTION E-3750/03

by Roberta Angelilli (UEN) to the Commission

(10 December 2003)

Subject: Update on use of funding from the LIFE III programme by the municipality of Florence

In its answer to question E-1049/03 (1), which asked whether the municipality of Florence had submitted
projects and secured funding under the LIFE III programme, the Commission stated that a number of
proposals had been submitted but they had not been funded.

Can the Commission say why the projects submitted were not considered suitable?

(1) OJ C 280 E, 21.11.2003, p. 104.

Answer given by Mrs Wallström on behalf of the Commission

(20 January 2004)

The Commission informs the Honourable Member that the two proposals submitted by the municipality of
Firenze under the LIFE III Programme for 2002 were not co-financed.

Proposal LIFE02 ENV/IT/000074 failed criterion 3 ‘Coherence and quality’. The beneficiary was informed
in the Commission’s letter of 2 September 2002.