WRITTEN QUESTION E-4006/03 by Glyn Ford (PSE) to the Commission. Residence permits and the difficulty of obtaining them.
Date: 2004-01-08
Institutions: European Parliament, Provisional data
Subjects: EU national, Spain, administrative formalities, free movement of persons, residence, residence permit

C 84 E/130

Official Journal of the European Union

EN

3.4.2004

Although the Commission in principle promotes the use of new, innovative technology such as RFID, any
application based on such technology should respect the principles applicable to the processing of
personal data of Union citizens transferred from the Union to a third country.

The RFID system seemed to be partly functioning on the basis of the processing of personal data of
participants who had registered online, prior to the Summit, from their resident country.

The Commission will seek further information on whether and how RFID-based applications were used in
relation to personal data transferred from the Union, in order to assess the legality of the processing under
Community law.

(2004/C 84 E/0167)

WRITTEN QUESTION E-4006/03

by Glyn Ford (PSE) to the Commission

(8 January 2004)

Subject: Residence permits and the difficulty of obtaining them

Is the Commission aware that European Union citizens living in a member state other than their own must
register with the authorities and apply for a residence permit and that, moreover, the procedure involved
in securing a residence permit is never straightforward?

For example, a British woman living in Melilla, Spain does not have a residence permit. In order for her to
secure one, she has to provide details of employment, address and even fingerprints as part of a procedure
that has, to date, taken six months.

We are supposed to be encouraging free movement of people within the EU. It seems ridiculous that an
EU citizen must, in essence, apply to live in another EU Member State, which makes a mockery of the free
movement provisions in the treaties.

Would the Commission raise the issue with the relevant Spanish authorities?

Answer given by Mr Vitorino on behalf of the Commission

(11 February 2004)

Community law on free movement and residence provides that Member States shall grant the right of
residence in their territory to EU citizens who intend to reside therein for a period of more than three
months, subject to certain conditions. These conditions are, basically, to provide proof that they are
employed or self-employed, or else that they are covered by sickness insurance in respect of all risks and
that they dispose of sufficient resources to avoid becoming a burden for the social assistance system of the
host Member State during their period of residence. It is, therefore, legitimate for Member States to require
EU citizens to obtain a residence card upon proof that they comply with these conditions.

Community law also provides that the decision to grant residence permits must be taken as soon as
possible and no later than six months after application. In the past, the Commission has taken contact
with the Spanish authorities on the question of delays to issue or renew residence cards, following
individual complaints.

Moreover, the Commission draws the attention of the Honourable Member to the fact that, in accordance
with the proposal for a Directive of the Parliament and the Council on the right of citizens of the Union
and their family members to move and reside within the territory of the Member States (1) on which the
Council adopted a common position on 5 December 2003, which has been transmitted to the Parliament,
residence cards shall be suppressed for EU nationals. Under this proposal, host Member States may still

3.4.2004

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Official Journal of the European Union

C 84 E/131

require the registration of EU nationals but the formalities would be greatly simplified and a registration
certificate would have to be issued on the spot. Furthermore, after five years of legal residence in a
Member State, EU nationals would acquire a permanent right of residence and apply for a permanent
residence certificate.

The Spanish legislation which transposes current Community law on the right of
residence of
EU nationals (2) has suppressed the obligation to obtain a residence card for EU nationals who are
workers, self-employed persons, students or beneficiaries of the right to remain. According to additional
information submitted by the Honourable Member, the British complainant he refers to in his written
question is an employee of the Spanish Ministry of Education. As such, she is exempted from the
obligation of obtaining a residence card but if she, nevertheless, so desires it she may obtain one.

The Commission has been informed by the complainant that she received a five year residence card on
8 January 2004 but they intend to take contact with the Spanish authorities concerning the extended delay
incurred for the renewal of her residence card.

(1) COM(2003) 199 final.
(2) Royal Decree 178/2003 of 14 February on entry and permanence in Spain of nationals of the Member States of the
European Union and of other states parties to the agreement on the European Economic Area, (Article 6) B.O.E.
number 46 of 22 February 2003.

(2004/C 84 E/0168)

WRITTEN QUESTION E-4015/03

by Christopher Huhne (ELDR) to the Commission

(9 January 2004)

Subject: Toxic sites

Can the Commission indicate whether any current European legislation places restrictions on the
remediation of toxic sites?

Can the Commission indicate whether any future European legislation will result in a ban (or place
restrictions) on the clearing of, and rebuilding on, toxic sites?

If so, will the Commission indicate why it believes that such a ban (or restriction) is necessary?

Answer given by Mrs Wallström on behalf of the Commission

(6 February 2004)

At the moment, there is no Community legislation which addresses specifically the remediation of
contaminated sites. Nevertheless, some provisions pertaining to the recovery and disposal of contaminated
soils can be found in waste legislation and in particular in the Waste Framework Directive 75/442/EEC as
amended (1). Furthermore, the Commission is currently developing a Thematic Strategy on the Sustainable
Use and the Protection of Soil which will address, ‘inter alia’, the contamination of soils. This strategy will
include proposals for action in the domain of prevention and remediation of contaminated sites.

In general, measures affecting land use and planning are predominantly a Member State competence and
the subsidiarity principle applies. It is unlikely that a comprehensive, standardised, EU-wide approach will
be developed, as each land and site is unique and the solutions needed to achieve a sustainable land use
have to be customised. However, it is clear that some approaches are unsustainable and these should be
discouraged. Through its funding programme the EU is seeking to promote sustainable approaches to
dealing with contaminated sites. For example, the Structural Funds Regulations and Guidelines for the
period 2000-2006 (2) set out the need for sustainable approaches to the use of urban land, including
priority to be given ‘to the rehabilitation of derelict industrial sites (brownfields) over the development of
greenfield sites’. The URBAN II initiative supports ‘mixed-use and environmentally-friendly brown-field