WRITTEN QUESTION E-2849/99 by Bartho Pronk (PPE-DE) to the Commission. Access to Social Insurance (Additional Categories of Persons) Decree.
3. 10. 2000 EN Official Journal of the European Communities C 280 E/147 Page 12 of the brochure indicates what identity documents are permitted. The only non-Dutch document which is permitted is a non-Dutch passport. No distinction is made between EU citizens and non-EU citizens. Does the Commission consider the brochureís interpretation of Dutch legislation to be contrary to 1. the relevant EU legislation, particularly that concerning free movement of persons and non-discrimination? Dutch driving licences are recognised as identity documents, but not the driving licences of other 2. Member States. Does this constitute discrimination? 3. Identity cards of EU Member States are not recognised but only passports, although the same identity cards are recognised as travel documents and the Netherlands recognises its own identity card. Does this constitute discrimination? In a number of cases, a foreign passport alone is not sufficient: the passport must contain an 4. indication that a residence permit has been issued. Does not this constitute discrimination? 5. What will the Commission do to change this situation? 6. If Dutch legislation accords with the Treaty on European Union but the brochure does not, can the Commission take steps to ensure that the brochure is altered, since in practice it is regarded as containing binding instructions? Answer given by Mr Vitorino on behalf of the Commission (7 February 2000) The Commission will contact the Dutch authorities to obtain full details of the circumstances to which the the Commission will certainly institute proceedings under Honourable Member refers. Article 226 (formerly Article 169) of the EC Treaty. If necessary, (2000/C 280 E/166) WRITTEN QUESTION E-2849/99 by Bartho Pronk (PPE-DE) to the Commission (18 January 2000) Subject: Access to Social Insurance (Additional Categories of Persons) Decree In the Netherlands, an amendment to the Access to Social Insurance (Additional Categories of Persons) Decree entered into force on 1 January (new Royal Decree 746). According to the decree, retired people who are in receipt of long-term benefit and reside in another EU Member State are no longer regarded as enjoying insurance cover. Many commentators consider that the decree may violate Regulation 1408/71 (1) and European case law. 1. The Netherlands Government does not agree, as witness the reply by State Secretary Hoogervorst to questions tabled by Mrs Verburg, Member of the Lower House of the Netherlands Parliament. The State Secretary invokes the judgment given by the Court of Justice of the European Communities on 11 June 1998 in case C-275/96, A. Kuusijärvi v. Riksförsäkringsverket, and the text of the Regulation as amended in 1991. Does the Commission agree with this reasoning? What might case C-275/96 have to do with the issue, as the undersigned feels that the link between case C-275/96 and the amendment in question is far from obvious? If the Commission considers that the contentious amendment of the contentious decree seems to 2. violate European measures, what will it do about this? (1) OJ L 149, 5. 7. 1971, p. 2. C 280 E/148 Official Journal of the European Communities EN 3. 10. 2000 Answer given by Mrs Diamantopoulou on behalf of the Commission (25 February 2000) According to the information in the Commissionís possession, it is true that as from 1 January 2000 recipients of long-term social security benefits from the Netherlands (WAO, AOW) granted on the basis of previous occupational activity in that country are no longer regarded as being covered by statutory insurance there if they reside in another Member State. This change in the legislation means that compulsory contributions will no longer be levied and the persons concerned will no longer be entitled, for instance, to family benefits (AKW), survivorís and orphanís pensions (ANW), or to coverage of special medical costs (AWBZ). However, persons aged 65 or over will still have the right to take out voluntary ANW insurance in order to provide social security cover for their survivors. to self-employed persons and to members of The question is whether the change is compatible with Community law, in particular certain provisions of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, their families moving within the Community (1), as interpreted by the Court of Justice, for example in judgment C-275/96 (2) delivered on 11 June 1998 (Kuusijarvi case). The substance of this judgment is that Regulation (EEC) No 1408/71 does not preclude the legislation of a Member State from making the right of a person who has ceased all occupational activity in its territory to remain subject to its legislation dependent on continued residence there. The Court also held that if such a person has transferred his residence to another Member State, where he lives with the members of his family, he loses the right to continue to receive family benefits paid under that legislation. The Commission has received a large number of complaints from persons affected by this change in the Netherlands and has therefore requested further information from the Netherlands authorities so that it can form an opinion on this complex issue. The Commission is carefully examining the detailed reply that it has received from the Netherlands authorities. (1) OJ L 28, 30. 1. 1997 (amending). (2) [ECR 1998 ü I-3419]. (2000/C 280 E/167) WRITTEN QUESTION E-2851/99 by Bartho Pronk (PPE-DE) to the Commission (18 January 2000) Subject: Discrimination against EU citizens in implementation of the Netherlands Benefit Entitlement (Residence Status) Act On 20 October 1998, the Commission replied to my question No E-2744/98 (1) about discrimination against EU citizens in implementation of the Netherlands Benefit Entitlement (Residence Status) Act. It said that it would seek information from the Dutch authorities about the scope of the Act and the relevant circular. What was the outcome of the Commissionís inquiries? Does the Commission believe that the question of this legislation and its application to EU citizens has now been resolved in a non-discriminatory manner? (1) OJ C 118, 29. 4. 1999, p. 132. Answer given by Mrs Diamantopoulou on behalf of the Commission (22 February 2000) The Commission has contacted the Netherlands authorities. They confirm that Community nationals who are entitled to reside in the Netherlands in accordance with Community law as interpreted by the Court of Justice are treated on a par with Netherlands nationals. Notably, this means that there is no discrimination as regards the award of social security benefits or social advantages