Answer given by Mr Breton on behalf of the European Commission

The Commission has to date received around 80 complaints of self-employed with business in, but residence outside the Netherlands concerning the Tozo scheme. The Commission services are carrying out an assessment as to the compliance of the Tozo scheme with EC law and notably the freedom of establishment and have entered into an informal dialogue with the Dutch authorities. This assessment is still ongoing. Therefore, the Commission has not yet taken a formal decision on the Tozo scheme.

Following the Commission’s reply of 17 August 2020 to Parliamentary Question P-004040/2020, the Commission services have received additional information from the Dutch authorities on which basis the Commission services have noted that (i) the Tozo benefit is allocated following a means test in order to determine whether the self-employed person’s income falls below the social minimum and (ii) the Tozo benefit is paid as a supplement to the social minimum. As a result, based on a preliminary assessment, the Commission services are of the opinion that the grant of the Tozo benefit is not linked to the risks mentioned in Article 3(1) of Regulation (EC) No 883/2004[1].

The Commission is fully aware of the importance of the matter as it concerns a significant number of self-employed in the Dutch border region seeking access to the Tozo scheme to cover hardship stemming from the COVID-19 pandemic.

• [1] https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A02004R0883-20140101