No C 26/22 Official Journal of the European Communities 3. 2. 90 
Amended proposal for a Council Directive on the right of residence (') 
COM(89) 675 final 
(Submitted by the Commission, pursuant to Article 149 (3) of the EEC Treaty on 21 December 
1989) 
(90/C 26/19) 
O OJ No C 191, 28. 7. 1989, p. 5. (COM(89) 275 final). 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 100 
thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of 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 comprises an area without internal 
frontiers in which freedom of movement for persons is 
ensured; 
Whereas national provisions on the right of residence for 
European citizens in Member States other than the one 
of which they are nationals should be harmonized to 
ensure such freedom of movement; 
Whereas, as the ad hoc Committee on a People's Europe 
indicated in its report to the European Council in 
Brussels on 29 and 30 March 1985, it is vital to avoid 
migration flows resulting solely from financial consider­
ations based on the fact that the social security and 
social assistance systems have not been harmonized; 
whereas a European citizen wishing to reside in a 
country other than his own should not constitute an 
unreasonable burden on the public finances of the host 
country; whereas, therefore, at the present stage in the 
development of the Community, conditions should be 
laid down for the exercise of the right of residence; THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 100 
thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of 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 comprises an area without internal 
frontiers in which freedom of movement for persons is 
ensured; 
Whereas national provisions on the right of residence for 
European citizens in Member States other than the one 
of which they are nationals should be harmonized to 
ensure such freedom of movement; 
Whereas, as the ad hoc Committee on a People's Europe 
indicated in its report to the European Council in 
Brussels on 29 and 30 March 1985, it is vital to avoid 
migration flows resulting solely from financial consider­
ations based on the fact that the social security and 
social assistance systems have not been harmonized; 
whereas a European citizen wishing to reside in a 
country other than his own should not constitute an 
unreasonable burden on the public finances of the host 
country; whereas, therefore, at the present stage in the 
development of the Community, conditions should be 
laid down for the exercise of the right of residence; 
3. 2. 90 Official Journal of the European Communities No C 26/23 
ORIGINAL PROPOSAL 
Whereas the exercise of this right becomes a genuine 
possibility only if it is also granted to members of the 
family; 
Whereas the beneficiaries of this Directive should be 
convered 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 (5), 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
Member States shall grant the right of residence to 
nationals of Member States who do not enjoy this right 
under other provisions of Community law, and to 
members of their families as defined in Article 10 (1) of 
Regulation (EEC) No 1612/68, provided that they and 
the members of their family are covered by sickness 
insurance and have sufficient resources to avoid 
becoming a burden on the social security system of the 
host Member State during their period of residence. 
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 five years and is renewable. 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. 
(') OJ No L 257, 19. 10. 1968, p. 2. 
(2) OJ No L 257, 19. 10. 1968, p. 13. 
O O] No 56, 4. 4. 1964, p. 850/64. AMENDED PROPOSAL 
Whereas the strengthening of the social dimension of the 
internal market will help to reduce the existing disparities 
between the social security systems in the Member States 
but these disparities must not stand in the way of 
freedom of movement and the right of residence of 
Community nationals; 
Whereas this Directive is a first step towards a 
guaranteed right of residence throughout the 
Community for all citizens of the Member States; 
Whereas the exercise of this right becomes a genuine 
possibility only if it is also granted to members of the 
family; 
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), 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
Member States shall grant the right of residence to 
nationals of Member States who do not enjoy this right 
under other provisions of Community law, and to 
members of their families as defined in Article 10 (1) of 
Regulation (EEC) No 1612/68, provided that they and 
the members of their family are covered by sickness 
insurance and have sufficient resources to avoid 
becoming a burden on the social security system of the 
host Member State during their period of residence. 
Article 2 
1. Right of residence shall be established by means of 
the issue of a document known as a 'European 
Communities residence card', whose validity may be 
limited to five years and is renewable. Where a member 
of the family does not hold the nationality of a Member 
State, he or she shall be issued with a residence card with 
the same validity as that issued to the national on whom 
he or she depends. 
O OJ No L 257, 19. 10. 1968, p. 2. 
(2) OJ No L 257, 19. 10. 1968, p. 13. 
f) OJ No 56, 4. 4. 1964, p. 850/64. 
No C 26/24 Official Journal of the European Communities 3. 2. 90 
ORIGINAL PROPOSAL 
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 referred to in Article 1. 
2. Articles 2, 3, 6 (1) (a) and (2), 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 beneficiaries of this 
Directive. 
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 measure taken to the 
Commission. 
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. AMENDED PROPOSAL 
The amount of means of support that the applicant shall 
be required to show shall not exceed the amount of the 
subsistence minimum in the host country, and the 
Member State issuing the residence permit shall fix no 
other requirement than that the income be stable and 
regular. 
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 referred to in Article 1. 
2. Articles 2, 3, 6 (1) (a) and (2), 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 beneficiaries 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 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. 
Article 5 
This Directive is addressed to the Member States.