28. 7. 89 Official Journal of the European Communities No C 191/5 
Proposal for a Council Directive on the right of residence 
COM(89) 275 final 
(Submitted by the Commission on 26 June 1989) 
(89/C 191/04) 
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; 
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 (»), 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 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. 
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. 
(') OJ No L 257, 19. 10. 1968, p. 2. 
(2) OJ No L 257, 19. 10. 1968, p. 13. 
(J) OJ No 56, 4. 4. 1964, p. 850/64. 
No C 191/6 Official Journal of the European Communities 28. 7. 89 
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. 
Amendment to the proposal for a Council Directive amending for the eighth time Directive 
76/769/EEC on the approximation of the laws, regulations and administrative provisions of the 
Member States relating to restrictions on the marketing and use of certain dangerous substances 
and preparations 
COM(89) 316 final - SYN 119 
(Submitted by the Commission pursuant to the third paragraph of Article 149 of the EEC Treaty on 
26 June 1989) 
(89/C 191/05) 
In the light of the opinion delivered in the first reading under the cooperation procedure by the 
European Parliament on the proposal sent by the Commission to the Council for a Council 
Directive amending for the eighth time Directive 76/769/EEC (*), the Commission has decided 
to amend the abovementioned proposal as follows: 
1. the following is added to the fourth recital: 
'whereas ILO (International Labour Organization) Convention 136 and ILO Recommen­
dation 144 lay down provisions on protection against hazards arising from benzene;' 
2. the following is added to the fifth recital: 
'whereas present Community legislation concerning the possible adoption by the Member 
States of more stringent restrictions on the use of the substances and preparations in 
question at the workplace is unaffected by this Directive;' 
3. the following is added to the sixth recital: 
'whereas ILO Convention 13 regulates the use of white lead in paints;' 
4. Article 1 (3) (b) is replaced by the following: 
'(b) substances and preparations for use in industrial processes in which, under existing 
legislation, benzene may not be emitted;' 
5. the following is added to point 19 of Article 1 (4): 
'(b) as a wood preservative;' 
6. point 20 of Article 1 (4) is amended and extended to read as follows: 
'(c) or for use as a wood preservative. 
This ban does not apply to solutions of inorganic salts of the CCA (copper-chromium-
arsenic) type employed in industrial installations using vacuum or pressure to 
impregnate wood. 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. 
(l) OJ No C 43, 16. 2. 1988, p. 9.