Opinion of the Economic and Social Committee on the 'Proposal for a European Parliament and Council Directive amending Directive 68/360/EEC on the abolition of restrictions on movement and residence within the Community for workers of Member States and their families and Directive 73/148/EEC on the abolition of restrictions on movement and residence within the Community for nationals of Member States with regard to establishment and the provision of services` ()

(96/C 174/13)

On 23 February 1996 the Council decided to consult the Economic and Social Committee, under Article 198 of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for Social, Family, Educational and Cultural Affairs, which was responsible for preparing the Committee's work on the subject, adopted its Opinion on 14 March 1996. The Rapporteur was Mr Vinay.

At its 334th Plenary Session (meeting of 27 March 1996), the Economic and Social Committee adopted the following Opinion by 96 votes to three, with one abstention.

1. Foreword

1.1. Under Directives 68/360/EEC (movement and residence of workers of Member States) and 73/148/EEC (movement and residence with regard to establishment and the provision of services), the crossing of frontiers is subject to production of a valid identity document.

1.2. In order to bring the abovementioned Directives into line with the objectives of Articles 7a and 8a of the EC Treaty, it is necessary to delete the provisions which place this requirement on persons crossing the EU's internal borders.

1.3. The present proposal is designed to do this.

2. Comments

2.1. The present proposal supplements the proposal for a Directive on the elimination of controls on persons crossing internal frontiers (COM(95) 347 final) on which the Committee has issued a favourable Opinion.

2.1.1. The Committee realizes that the practical elimination of internal border checks is contingent on the adoption of both proposals.

2.2. The Committee notes that the obligation to present a valid identity document is only being lifted for the crossing of the EU's internal borders.

2.3. The Committee therefore endorses the provision requiring persons crossing external borders to produce a valid identity card or passport.

2.4. The Committee endorses the last recital of the proposal, which states that the objective of Article 7a does not imply that citizens of the Union and members of their families are entitled to travel without being in possession of the requisite travel documents.

2.4.1. The Committee therefore approves the provision allowing Member States to require the persons covered by the two Directives to be in possession of a valid identity card or passport, if necessary bearing a visa (in the case of a family member who is a national of a third-country for whom a visa is required).

2.4.1.1. The Committee would here emphasize the need to align national legislation in this area.

2.4.2. The Committee () also points out that since the Draft Directive amends two earlier Directives, its legal basis is obviously the same as theirs.

2.5. The Committee therefore approves the proposed Directive.

Done at Brussels, 27 March 1996.

The President

of the Economic and Social Committee

Carlos FERRER

() OJ No C 307, 18. 11. 1995, p. 18.

() OJ No L 257, 19. 10. 1968, p. 13; OJ No L 172, 28. 6. 1973, p. 14.