WRITTEN QUESTION E-0597/04 by Christopher Huhne (ELDR) to the Commission. Freedom of movement.
Date: 2004-02-26
Institutions: European Parliament, Provisional data
Subjects: EU Member State, equal treatment, free movement of workers, identity document, police checks, social-security benefit, worker (EU)

3.4.2004

EN

Official Journal of the European Union

C 84 E/433

equidae for breeding and production are accompanied during their movement by the identification
document as referred to above. This Decision is addressed to the Member States.

Decision 2000/68/EC does not oblige Member States to notify the legal provisions they have implemented
to comply with the provisions of this Decision. So far, the Commission has not received any complaint
relating to the failure of a Member State to implement the above Decision.

Community animal welfare legislation does not contain specific restrictions of the use of these methods.
With regard to mutilations in general, Council Directive 98/58/EC of 20 July 1998 concerning the
protection of animals kept for farming purposes (1) stipulates that relevant national provisions shall apply
in accordance with the general rules of the EC Treaty.

The Commission is aware that
in certain Member States electronic transponders are used for the
identification of equidae. Furthermore, freeze marking and hot branding are used to mark equidae. Freeze
branding was required by Community legislation for equidae vaccinated against African horse sickness
when this disease occurred on the Iberian Peninsula in 1989.

The legislation in force allows additional active marking in excess of the identification by passport. In such
cases, details about the applied marks have to be specified in the identification document.

(1) OJ L 221, 8.8.1998.

(2004/C 84 E/0504)

WRITTEN QUESTION E-0597/04

by Christopher Huhne (ELDR) to the Commission

(26 February 2004)

Subject: Freedom of movement

1. Will the Commission tabulate for each Member State the provisions that exist whereby nationals of
other Member States may avail themselves of their rights to free movement of labour? For example, which
Member States insist on registration with the police or on carrying a special identity card?

At what point is the national of another Member State entitled in each case to claim benefit, and

2.
what is the level of that benefit and what are the qualifications for it?

3. Will the Commission list in the case of each Member State any other provisions that might be
regarded as treating nationals of another Member State differently to nationals of the home Member State?

Answer given by Mr Dimas on behalf of the Commission

(1 April 2004)

Free movement of persons is one of the fundamental freedoms guaranteed by Community law and
1.
includes the right to live and work in another Member State. Insofar as workers are concerned, Article 39
(2) of the EC Treaty prohibits ‘any discrimination based on nationality between workers of the Member
States’. Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for
workers within the Community (1) implements Article 39(2) of the EC Treaty whereas Council Directive
68/360/EEC 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) abolishes restrictions on movement and
residents within the Community for workers and their families. Thus, migrant workers in the EU can
exercise their right to free movement simply on production of a valid identity card or passport (3).
According to the European Court of Justice, the Member State is entitled to check the passports or identity
cards (4) and require that the nationals of the other Member States report their presence to the competent

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Official Journal of the European Union

EN

3.4.2004

national authorities of the host State. However, such legal formalities must not be designed in such a way
that they restrict the freedom of movement required by the EC Treaty or limit the right conferred on
nationals of the Member States to enter and reside in the territory of any other Member State for the
purposes intended by Community law. (5) Host Member States may also require migrant workers to obtain
a residence card. The same rules apply to other EU nationals who make use of their right of free
movement and residence.

According to the Commission’s information, Spain has suppressed the obligation to obtain a residence
card for EU citizens who are workers, self-employed persons, students or beneficiaries of the right of
permanent residence. France has also recently adopted legislation suppressing this obligation for all
EU citizens, but this shall not apply to workers from acceding States who will still need to obtain a
residence card for as long as the transitional measures last. The rest of the Member States’ legislations still
lay down the obligation for EU citizens to obtain a residence card.

According to Article 7(2) of Regulation (EEC) No 1612/68, EU migrant workers ‘shall enjoy the same
2.
social and tax advantages as national workers’ in the host Member State. Community law does not regulate
the level at which these social and tax advantages are set by the individual Member States, but guarantees
that regardless of the level at which they are set by a particular Member State, migrant workers from other
Member States will need to be given the same treatment.

3.
The Commission can ensure the Honourable Member that it doesn’t hesitate to act in accordance
with its duty as a guardian of the treaties, when a Member State is in breach of Community law provisions
which prohibit discrimination on the ground of nationality.

(1) OJ L 257, 19.10.1968, Articles 1-12 as amended by Council Regulation (EEC) No 312/76, OJ L 39, 14.2.1976.
(2) OJ L 257, 19.10.1968.
(3) Dir. 68/360, Article 2(1); Article 3(1); Case C- 68/89; Commission v. Netherlands [1991] ECR I-2637, [1993]
2 CMLR 389. The requirement to hold and produce a valid identity card or passport will not disappear until there
has been complete harmonization of national laws concerning immigration into the Community, the grant of visas,
asylum and so forth: see Case C-378/97: Wijsenbeck [199] ECR I-6207, paras. 39-45.

(4) Case 321/87: Commission v. Belgium [1989] ECR 997.
(5) Case C-265/88: Re Messner [1989] ECR 4209.

(2004/C 84 E/0505)

WRITTEN QUESTION E-0601/04

by Avril Doyle (PPE-DE) to the Commission

(27 February 2004)

Subject: Firearms licensing

Can the Commission advise as to whether there are any initiatives to harmonise firearms licensing laws
across the enlarged European Union?

Answer given by Mr Bolkestein on behalf of the Commission

(1 April 2004)

The provisions governing the movement of weapons (other than weapons of war) within the EU are
contained in Council Directive 91/477/EEC of 18 June 1991 on control of the acquisition and possession
of weapons (1).

This directive forms part of the Community acquis and therefore has to be transposed on the day of the
new Members’ accession. The Commission will make efforts to ensure that this transposition is correct.

The directive in question being a minimum directive, it does not make provision for harmonising firearms
licensing laws, focussing mainly on defining the particulars by which firearms may be identified and the
procedures for their movement.

The rules which apply to the current Member States will apply in the same way as of 1 May 2004 to all
countries which are part of the EU.

(1) OJ L 256, 13.9.1991.