28. 7. 89 Official Journal of the European Communities No C 191/3 
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 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). 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, in particular Articles 49 and 54 
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; 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. 
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. 
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. 
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 Articles 48 and 52 of the EEC Treaty provide 
for freedom of movement for workers and self-employed 
persons, which implies the right of residence in the 
Member State in which they pursue their occupational 
activity; whereas this right of residence should be 
granted not only during the active part of their working 
life, but also during the non-active part, even if they 
have not exercised their right to freedom of movement 
during the first part of their working life; Proposal for a Council Directive on the right of residence for employees and self-employed 
persons who have ceased their occupational activity 
COM(89) 275 final — SYN 200 
(Submitted by the Commission on 26 June 1989) 
(89/C 191/03) 
No C 191/4 Official Journal of the European Communities 28. 7. 89 
Whereas pursuant to Article 10 of Regulation (EEC) No 
1408/71 of the Council ('), as amended by Regulation 
(EEC) No 1390/81 (2), recipients of invalidity, or old 
age cash benefits or pensions for accidents at work or 
occupational diseases are entitled to continue to receive 
these benefits and pensions even if they reside in the 
territory of a Member State other than that in which the 
institution responsible for payment is situated; 
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 by Regulation (EEC) 
No 1612/68 of the Council (J), Directive 68/360/EEC 
of the Council (4) 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 have pursued an activity 
in the Community as an employee or self-employed 
person, and to members of their family as defined in 
Article 10 (1) of Regulation (EEC) No' 1612/68, 
provided that they are recipients of an invalidity pension, 
or old age benefits, or of a pension in respect of an 
industrial accident or disease, and are covered by a 
sickness insurance scheme. 
(') OJ No L 149, 5. 7. 1971, p. 2. 
(2) OJ No L 143, 29. 5. 1981, p. 1. 
(J) OJ No L 257, 19. 10. 1968, p. 2. 
(4) OJ No L 257, 19. 10. 1968, p. 13. 
O OJ No 56, 4. 4. 1964, p. 850/64. 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 of 
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. 
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 the 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 measures taken to the 
Commission and the other Member States. 
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.