3. 2. 90 Official Journal of the European Communities No C 26/15 
II 
(Preparatory Acts) 
COMMISSION 
Amended proposal for a Council Directive on the right of residence for students (') 
COM(89) 675 final — SYN 199 
(Submitted by the Commission pursuant to Article 149(3) of the EEC Treaty on 21 December 
1989) 
(90/C 26/17) 
(') OJ No C 191, 28. 7. 1989, p. 2. (COM(89) 275 final — SYN 199). 
ORIGINAL PROPOSAL 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, in particular the second 
paragraph of Article 7 thereof, 
Having regard to the proposal from the Commission, 
In cooperation with the European Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas Article 3c of the Treaty lays down that the acti­
vities of the Community shall include the abolition, as 
between Member States, of obstacles to freedom of 
movement for persons; 
Whereas Article 8a lays down that the internal market 
must be established by 31 December 1992; whereas the 
internal market is to comprise an area without internal 
frontiers in which the freedom of movement for persons 
is ensured; 
Whereas, as the Court of Justice has ruled, Articles 128 
and 7 of the EEC Treaty prohibit any discrimination 
between nationals of the Member States as regards 
access to vocational and professional training in the 
Community; AMENDED PROPOSAL 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, in particular the second 
paragraph of Article 7 thereof, 
Having regard to the proposal from the Commission, 
In cooperation with the European Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas Article 3c of the Treaty lays down that the acti­
vities of the Community shall include the abolition, as 
between Member States, of obstacles to freedom of 
movement for persons; 
Whereas Article 8a lays down that the internal market 
must be established by 31 December 1992; whereas the 
internal market is to comprise an area without internal 
frontiers in which the freedom of movement for persons 
is ensured; 
Whereas, as the Court of Justice has ruled, Articles 128 
and 7 of the EEC Treaty prohibit any discrimination 
between nationals of the Member States as regards 
access to vocational and professional training in the 
Community; 
No C 26/16 Official Journal of the European Communities 3. 2. 90 
ORIGINAL PROPOSAL 
Whereas equal access to vocational and professional 
training presupposes being present on the territory of the 
Member State where the training is given and conse­
quently implies the need to lay down rules ensuring 
equal treatment; 
Whereas students are only rarely beneficiaires of social 
assistance; whereas, however, the costs of social 
assistance granted in the host Member State to a student 
who has no legal connection with that Member State 
other than the mere fact that he or she has gone there to 
undergo vocational or professional training, should not 
be borne by that State but by the Member State from 
which he or she comes; 
Whereas it is necessary for the Member States to adopt 
the administrative measures to facilitate residence 
without discrimination; 
Whereas the exercise of the right of residence becomes a 
genuine possibility only if it is granted to the spouse and 
dependent children; 
Whereas the beneficiaries of this Directive should be 
covered by the same administrative arrangements as 
those laid down in particular in Regulation (EEC) No 
1612/68 of the Council (»), Directive 68/360/EEC of the 
Council (2), and Directive 64/221/EEC of the 
Council (J); 
Whereas this Directive does not apply to students who 
enjoy the right of residence by virtue of the fact that 
they are or have been effectively engaged in economic 
activities or are members of the family of a migrant 
worker, 
(') OJ No L 257, 19. 10. 1968, p. 2. 
(2) OJ No L 257, 19. 10. 1968, p. 13. 
(') OJ No 56, 4. 4. 1964, p. 850/64. AMENDED PROPOSAL 
Whereas equal access to vocational and professional 
training presupposes being present on the territory of the 
Member State where the training is given and conse­
quently implies the need to lay down rules ensuring 
equal treatment; 
Whereas the right of residence for students forms part of 
a set of related decisions designed to promote vocational 
training and to bring about the freedom of estab­
lishment; 
Whereas disparities between the Member States as to 
student-related measures can be lessened by action in 
connection with the social dimension of the internal 
market, though, pending this, such disparities must not 
act as an impediment to freedom of movement or to 
right of residence for Community citizens; 
Whereas students are only rarely beneficiaires of social, 
assistance; whereas, however, the costs of social 
assistance granted in the host Member State to a student 
who has no legal connection with that Member State 
other than the mere fact that he or she has gone there to 
undergo vocational or professional training, should not 
be borne by that State but by the Member State from 
which he or she comes; 
Whereas it is necessary for the Member States to adopt 
the administrative measures to facilitate residence 
without discrimination; 
Whereas the exercise of the right of residence becomes a 
genuine possibility only if it is granted to the spouse and 
dependent children; 
Whereas the beneficiaries of this Directive should be 
covered by the same administrative arrangements as 
those laid down in particular in Regulation (EEC) No 
1612/68 of the Council (l), Directive 68/360/EEC of the 
Council (2), and Directive 64/221/EEC of the 
Council (3); 
Whereas this Directive does not apply to students who 
enjoy the right of residence by virtue of the fact that 
they are or have been effectively engaged in economic 
activities or are members of the family of a migrant 
worker, 
O OJ No L 257, 19. 10. 1968, p. 2. 
O OJ No L 257, 19. 10. 1968, p. 13. 
O OJ No 56, 4. 4. 1964, p. 850/64. 
3. 2. 90 Official Journal of the European Communities No C 26/17 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
HAS ADOPTED THIS DIRECTIVE: HAS ADOPTED THIS DIRECTIVE: 
Article 1 Article 1 
1. Member States shall adopt the necessary measures 
to facilitate exercise of the right of residence to ensure 
access to vocational training without discrimination. 
Accordingly, they shall recognize the right of residence 
of any student who is a national of a Member State and 
who does not enjoy this right under another Community 
measure, and of the student's spouse and dependent 
children, provided the student is enrolled in an educa­
tional establishment for the purpose of following voca­
tional or professional training courses there and that they 
are covered by a sickness insurance scheme. 
2. Nationals of Member States who plan to follow 
vocational training courses and members of their family 
shall be entitled to become members of the sickness 
insurance scheme of the host country under the same 
conditions as nationals. 
3. Where the social security system of the host 
Member State has to intervene on behalf of a student 
referred to in paragraph 1, the benefit shall be granted in 
accordance with the rules of that State. At the request of 
the host Member State, the Member State of origin shall 
reimburse the amount of benefit granted. For the 
purpose of this Directive, 'Member State of origin' shall 
mean that State in which the student had his or her 
principal residence before seeking the right of residence 
in a Member State on the basis of this Directive. 
Article 2 
1. Right of residence shall be established by means of 
the issue of a document known as a 'European 
Communities residence permit' whose validity may be 
limited to the duration of the course of studies in 
question. The residence permit shall be renewed 
annually, subject to the third subparagraph. Where a 
member of the family does not hold the nationality of a 
Member State, he or she shall be issued with a residence 
permit with the same validity as that issued to the 
national on whom he or she depends. 
For the purpose of issuing the residence permit, the 
Member State may require only that the applicant 
present an identity document and provide proof that he 
or she meets the conditions laid down in Article 1 (1). 1. Member States shall adopt the necessary measures 
to facilitate exercise of the right of residence to ensure 
access to vocational training without discrimination. 
Accordingly, they shall recognize the right of residence 
of any student who is a national of a Member State and 
who does not enjoy this right under another Community 
measure, and of the student's spouse and dependent 
children, provided the student is enrolled in an educa­
tional establishment for the purpose of following voca­
tional or professional training courses there and that they 
are covered by a sickness insurance scheme. 
2. Nationals of Member States who plan to follow 
vocational training courses and members of their family 
shall be entitled to become members of the sickness 
insurance scheme of the host country under the same 
conditions as nationals. 
3. Where the social security system of the host 
Member State has to intervene on behalf of a student 
referred to in paragraph 1, the benefit shall be granted in 
accordance with the rules of that State. At the request of 
the host Member State, the Member State of origin shall 
reimburse the amount of benefit granted. For the 
purposes of this Directive, 'Member State of origin' shall 
mean that State in which the student had his or her 
principal residence before seeking the right of residence 
in a Member State on the basis of this Directive. 
Article 2 
1. Right of residence shall be established by means of 
the issue of a document known as a 'European 
Communities residence permit' whose validity may be 
limited to the actual duration of the course of studies in 
question. The residence permit shall be renewed 
annually, subject to the third subparagraph. Where a 
member of the family does not hold the nationality of a 
Member State, he or she shall be issued with a residence 
permit with the same validity as that issued to the 
national on whom he or she depends. 
For the purpose of issuing the residence permit, the 
Member State may require only that the applicant 
present an identity document and provide proof that he 
or she meets the conditions laid down in Article 1 (1). 
No C 26/18 Official Journal of the European Communities 3. 2. 90 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
Where a Member State has sought reimbursement of 
social assistance costs under Article 1 (3), the residence 
permit may be renewed only with the prior agreement of 
the Member State of origin. Where a Member State has sought reimbursement of 
social assistance costs under Article 1 (3), the residence 
permit may be renewed only with the prior agreement of 
the Member State of origin. 
2. Articles 2, 3, 9 and 10 of Directive 68/360/EEC, 
Article 11 of Regulation (EEC) No 1612/68 and Articles 
2 to 9 of Directive 64/221/EEC shall apply to benefi-
ciaires of this Directive. 2. Articles 2, 3, 9 and 10 of Directive 68/360/EEC, 
Article 11 of Regulation (EEC) No 1612/68 and Articles 
2 to 9 of Directive 64/221/EEC shall apply to benefi­
ciaries of this Directive. 
The beneficiaries of this Directive shall enjoy all the 
rights deriving from Regulation (EEC) No 1612/68, 
Directives 68/360/EEC and 64/221/EEC and the legal 
provisions amending them. 
Article 3 
Before the end of the second year following the entry 
into force of this Directive, and every three years 
thereafter, the Commission shall draw up a report on the 
implementation of this Directive which it shall submit to 
the Council and the European Parliament. 
Article 3 
Member States shall bring into force the laws, regu­
lations and administrative provisions necessary to comply 
with this Directive by 31 December 1990. They shall 
immediately communicate the measures taken to the 
Commission. Article 4 
Member States shall bring into force the laws, regu­
lations and administrative provisions necessary to comply 
with this Directive by 31 December 1990. They shall 
immediately communicate the measures taken to the 
Commission 
The provisions adopted pursuant to the first paragraph 
shall make express reference to this Directive. The provisions adopted pursuant to the first paragraph 
shall make express reference to this Directive. 
Article 4 
This Directive is addressed to the Member States. Article 5 
This Directive is addressed to the Member States.