WRITTEN QUESTION E-3941/03 by Ilda Figueiredo (GUE/NGL) to the Commission. Discrimination over issue of housing permit in Rotterdam.
Date: 2003-12-19
Institutions: European Parliament, Provisional data
Subjects: Netherlands, discrimination on the basis of nationality, foreign national, housing allocation, housing need, local government, marginalisation

C 84 E/270

Official Journal of the European Union

EN

3.4.2004

organisation. All three entail a reduction in prices. We are confident that the discussions in progress with
the Member States and Parliament will lead to a solution ensuring sustainable development for the sugar
sector to the satisfaction of both users and consumers.

(1) COM(2003) 554 final.

(2004/C 84 E/0317)

WRITTEN QUESTION E-3941/03

by Ilda Figueiredo (GUE/NGL) to the Commission

(19 December 2003)

Subject: Discrimination over issue of housing permit in Rotterdam

According to recent press reports (see the Portuguese newspaper ‘Expresso’, 6 December 2003), the city
council of Rotterdam (Netherlands) has decided that in future housing licences in the city will be issued
only to persons who earn at least 120 % of the minimum wage and, if they are immigrants, have taken an
‘integration course’ and passed the relevant examination.

These proposals are unacceptable and contrary to the principles of the European Union, notably those of
solidarity, non-discrimination, action for social inclusion and the free movement of persons.

Is the Commission aware of this decision by the Rotterdam city council, aimed at securing the

1.
expulsion of the less-favoured from the city?

2. What measures will the Commission take to stop this decision being implemented, given that it
amounts to an attack on human rights?

Answer given by Mr Vitorino on behalf of the Commission

(18 February 2004)

The Tampere European Council (1999) set the guidelines for a common EU asylum and immigration
policy. This policy includes the fair treatment of third country nationals residing legally on the territory of
Member States. The European Council conclusions state that the legal status of legally resident third
country nationals should be approximated to that of Member States’ nationals. Third country nationals
should be granted a set of uniform rights, which are as near as possible to those enjoyed by EU citizens.

This is concretised by Council Directive 2003/109/EC of 25 November 2003 concerning the status of
third country nationals who are long-term residents. Article 11(f) of the Directive provides that third
country nationals entitled to long-term resident status should enjoy equality of treatment with nationals as
far as access to goods and services are concerned. This includes in particular access to procedures for
obtaining housing. The Member States must transpose this Directive by 23 January 2006 at the latest.

For other migrants, who are not long-term residents, there is no legal provision at EU level for the
moment which guarantees the equal treatment in terms of access to housing.

For migrant workers who are nationals of Member States,
it should be underlined that, according to
Article 9 of Regulation 1612/68/EEC, they shall enjoy all the rights and benefits accorded to national
workers in matters of housing including ownership of the housing they need.

In the case of the measures taken in Rotterdam, the situation described seems, however, to demonstrate
that no discrimination is being made between nationals and third country nationals as far as the
attribution of housing permits is concerned, because the level of 120 % of minimum wages is applied to
both.

As far as the general conditions for granting housing permits are concerned, this falls clearly within the
exclusive competence of the Member States. The Commission is, therefore, not competent to assess such
measures.