No C 207/14 Official  Journal  of the  European  Communities 17. 8. 79 
Proposal  for a Council  Directive  on a right  of residence  for nationals  of Member  States 
in the territory  of another  Member  State 
(Submitted  by the Commission  to the Council  on 31 July  1979) 
THE  COUNCIL  OF THE  EUROPEAN 
COMMUNITIES, 
Having  regard  to  the  Treaty  establishing  the 
European  Economic  Community,  and  in particular 
Articles  56 (2) and  235  thereof, 
Having  regard  to the proposal  from  the Commission, 
Having  regard  to the  opinion  of the  European  Par-
liament, 
Having  regard  to the  opinion  of the  Economic  and 
Social  Committee, 
Whereas  the  Member  States,  in signing  the  Treaty 
establishing  the  European  Economic  Community, 
have  declared  themselves  'determined  to lay the foun-
dations  of an ever  closer  union  among  the peoples  of 
Europe';  whereas  to this  end  they  have  provided  for 
the removal  in the Member  States  of obstacles  to the 
free movement  of persons; 
Whereas,  to achieve  this  objective,  the  Treaty  has 
provided  for powers  to take  action  to ensure  freedom 
of movement  for workers  and  self-employed  persons; 
whereas,  however,  no provision  has  been  made  for 
powers  to take  action  with  regard  to freedom  of 
movement  for persons  independently  of the pursuit  of 
an occupational  activity; 
Whereas,  however,  freedom  of movement  of persons 
is, by virtue  of Article  3 (c) of the Treaty,  one  of the 
foundations  of the  Community  and  can  be fully 
attained  only  if a right  of permanent  residence  is 
granted  to those  Community  nationals  in whom  such 
right  does  not already  vest  under  the Community  law 
in force,  and  to the members  of their  family; 
Whereas  the  exercise  of this  right  may,  however,  be 
made  subject  to economic  conditions; 
Whereas  Directive  64/221  /EEC  (') coordinated 
special  measures  concerning  the  movement  and 
residence  of foreign  nationals  which  are  justified  on 
grounds  of public  policy,  public  security  or public 
health; 
(') OJ No 56, 4. 4. 1964,  p. 850/64. Whereas  Directive  64/221/EEC  should  also  apply  to 
nationals  of Member  States  moving  within  the 
Community  independently  of the  pursuit  of an 
economic  activity; 
HAS  ADOPTED  THIS  DIRECTIVE: 
Article  1 
1. Member  States  shall,  under  the  conditions  laid 
down  in  this  Directive,  abolish  restrictions  on 
movement  and  residence  in respect  of nationals  of 
another  Member  State  who  reside  or wish  to reside  in 
their  territory  and  who  are  not  covered  by  the 
provisions  of Directive  68/360/EEC  (2), Regulation 
(EEC)  No  1251/70  O, Directive  73/148/EEC  (4) or 
Directive  75/34/EEC  (5). 
2. They  shall  abolish  these  restrictions  in respect  of 
members  of those  nationals'  families  who  do  not 
personally  come  within  the  conditions  laid  down  in 
Article  4 (2) and  who  reside  with  those  nationals  on 
the territory  of the host  Member  State. 
'Members  of the  family'  of nationals  of a Member 
State  means: 
(a) the  spouse  and  relatives  in the  descending  line 
who are  either  dependent  or under  18 and  their 
spouses; 
(b) the  dependent  relatives  in the ascending  line  and 
those  of  their  spouse,  irrespective  of  their 
nationality. 
3. Member  States  shall  favour  the admission  of any 
other  member  of the family  of a national  referred  to 
in paragraph  1 or of the  spouse  of that  national, 
when  that  member  is dependent  on them  or was 
living  under  the same  roof  in the country  of origin. 
(2) OJ No L 257,  19. 10. 1968. 
(3) OJ No L 142,  30. 6. 1970. 
(4) OJ No L 172,  28. 6. 1973. 
(') OJ  No L 14, 20. 1. 1975. 
17. 8. 79 Official  Journal  of the  European  Communities No C 207/15 
Article  2 
1. Member  States  shall  grant  the persons  referred 
to in Article  1 the right  to leave  their  territory.  Such 
right  shall  be exercised  simply  on production  of a 
valid  identity  card  or passport.  Members  of the family 
shall  enjoy  the same  right  as the national  on whom 
they are dependent. 
2. Member  States  shall,  acting  in accordance  with 
their  laws,  issue  to their  nationals,  or renew,  an 
identity  card  or  passport,  which  shall  state  in 
particular  the holder's  nationality. 
3. The  passport  shall  be valid  at least  for  all 
Member  States  and  for countries  through  which  the 
holder  must  pass  when  travelling  between  Member 
States.  Where  a passport  is the  only  document  on 
which  the holder  may  lawfully  leave  the country,  its 
period  of validity  shall  be not less  than  five  years. 
4. Member  States  may  not  demand  from  the 
persons  referred  to in Article  1 any  exit  visa  or 
equivalent  requirement. 
Article  3 
1. Member  States  shall  grant  to the  persons 
referred  to in Article  1 the  right  to enter  their 
territory  merely  on production  of a valid  identity  card 
or passport. 
2. No  entry  visa  or equivalent  requirement  may  be 
demanded  save  in respect  of members  of the family 
who do not  have  the nationality  of a Member  State. 
Member  States  shall  afford  to such  persons  every 
facility  for obtaining  any  necessary  visas. or wish  to study  in the  host  Member  State  may 
provide  such  proof  by showing  that  their  means  of 
subsistence  derive  from  a relative  in the ascending  line 
who does  not live  with  them  in the host  country. 
Member  States  may  not require  such  resources  to be 
greater  than  the  minimum  subsistence  level  defined 
under  their  law. 
3. The  Member  States  recognize  a permanent  right 
of residence  for members  of the family  referred  to in 
Article  1 (2) of any  one  who  possesses  such  right  by 
virtue  of the  preceding  paragraph.  This  provision 
applies  even  after  the decease  of the interested  party. 
Article  5 
1. The  right  of residence  shall  be evidenced  by 
issue  of a document  entitled  'Residence  Permit  for a 
National  of a Member  State  of the  European 
Community'.  This  document  shall  be valid  for not less 
than five  years  from  the date  on which  it is issued. 
The residence  permit  shall  be automatically  renewable 
except  at the end  of the  first  period  for which  it is 
valid  if it is proved  that  the condition  referred  to in 
Article  4 (2) is no longer  satisfied.  Nevertheless,  this 
exception  shall  not  apply  to members  of the  family 
referred  to in Article  1 in the event  of the death  of 
the national  on whom  they  are dependent. 
2. Breaks  in  residence  not  exceeding  12 
consecutive  months  and  absence  on military  service  or 
civil service  done  instead  of military  service  or 
absence  on medical  grounds  shall  not  affect  the 
validity  of the residence  permit. 
3. A  member  of the family  who  is not a national  of 
a Member  State  shall  be issued  with  a residence 
document  which  shall  have  the same  validity  as that 
issued  to the national  on whom  he is dependent. 
Article  4 
1. Member  States  shall  grant  the  right  of 
permanent  residence  to citizens  of another  Member 
State  referred  to in Article  1(1)  who  reside  or wish  to 
reside  in their  territory. 
2. Nevertheless,  the  Member  States  may  require 
those  citizens  to provide  proof  of sufficient  resources 
to provide  for  their  own  needs  and  the  dependent 
members  of their  family  referred  to in Article  1(a)  (2). 
Citizens  of at least  18 years  of age  who  are studying Article  6 
For the issue  of the residence  permit,  Member  States 
may require  only  the  production  of the  following 
documents: 
— by the applicant: 
(a) the  document  under  cover  of which  he 
entered  their  territory, 
(b) documents  proving  that  he has at his disposal 
the resources  referred  to in Article  4 (2); 
No C 207/16 Official  Journal  of the  European  Communities 17. 8. 79 
— by the members  of the family: 
(c) the  document  under  cover  of which  they 
entered  the territory, 
(d) a document  issued  by the competent  authority 
of the State  of origin  or the State  whence  they 
came  proving  their  family  relationship, 
(e) in the  cases  referred  to in Article  1 (2) and 
(3), a document  issued  by  the  competent 
authority  of the  State  of origin  or the  State 
whence  they  came,  certifying  that  they  are 
dependent  on the  relative  or live  with  him  in 
this country. 
Article  7 
The right  of residence  shall  be effective  throughout 
the territory  of the Member  State  concerned. 
Article  8 
1. The  residence  documents  granted  to nationals  of 
a Member  State  shall  be issued  and  renewed  free  of 
charge  or on payment  of an amount  not  exceeding 
the dues  and  taxes  charged  for  the issue  of identity 
cards  to nationals.  These  provisions  shall  also  apply  to 
documents  and  certificates  required  for the issue  and 
renewal  of such  residence  documents. 
2. The  visas  referred  to in Article  3 (2) shall  be 
free of charge. 3. Member  States  shall  take  the necessary  steps  to 
simplify  as much  as possible  the formalities  and  pro-
cedures  for  obtaining  the  documents  mentioned  in 
paragraph  1. 
Article  9 
1. Member  States  shall  not  derogate  from  the 
provisions  of this  Directive  save  on grounds  of public 
policy,  public  security  or public  health. 
2. Directive  64/221/EEC  shall  apply  to  the 
persons  covered  by this  Directive. 
Article  10 
1. Member  States  shall,  within  12  months  of 
notification  of this  Directive,  bring  into  force  the 
measures  necessary  to comply  with  its provisions  and 
shall  forthwith  inform  the Commission  thereof. 
2. After  notification  of this  Directive,  Member 
States  shall  moreover  inform  the  Commission, 
allowing  sufficient  time  for  it to submit  its obser-
vations,  of any  subsequent  draft  laws,  regulations  or 
administrative  provisions  which  they  propose  to adopt 
in the field  covered  by this  Directive. 
Article  11 
This  Directive  is addressed  to the Member  States.