No C 100/6 Official Journal of the European Communities 21. 4. 89 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Regulation (EEC) amending Regulation (EEC) No 1612/68 on freedom 
of movement for workers within the Community 
COM(88) 815 final — SYN 185 
(Submitted by the Commission to the Council of 11 January 1989) 
(89/C 100/06) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 49 
thereof, 
In cooperation with the European Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas, under the terms of Article 8a of the Treaty, the 
Community is to adopt measures with the aim of 
progressively establishing the internal market over a 
period expiring on 31 December 1992 and the internal 
market is to comprise an area without internal frontiers 
in which the free movement of persons is ensured in 
accordance with the provisions of the Treaty; 
Whereas it is important to prevent the situation of 
workers of the Member States who move for reasons of 
employment and that of members of their families from 
deteriorating, more especially in view of the fact that the 
provisions currently in force no longer fully meet the 
requirements of a society undergoing important changes; 
Whereas there is an imperative need to adapt the 
provisions of Council Regulation (EEC) No 1612/68 ('), 
as amended by Regulation (EEC) No 312/76 (2), to the 
new socio-economic context and to consolidate the 
accumulated rulings of the Court of Justice of the 
European Communities by incorporation the principles 
enunciated by the Court into the legislation of the 
Community; 
Whereas, in view of the prospective completion of the 
internal market and in order to ensure that the effective 
exercise of the fundamental right of free movement is as 
complete as possible, it is important that any obstacles to the mobility of workers which still exist on the level of 
individual rights, in particular those taking the form of 
limitations placed by the condition of territorialy on the 
application of equal treatment and the restritions 
imposed by the provisions currently in force on the right 
of family reunification, should be removed; 
Whereas in its Resolution of 16 July 1985 (3) on 
guidelines for a Community migration policy, the 
Council recognized that in the field of the Community 
rules relating to the free movement of workers, priority 
must be assigned to improving the application of the 
rules, in particular by making such amendments or 
additions to them as may be deemed necessary; 
Whereas control by the Member States over the 
application of the principle of equal treatment should be 
strengthened, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Regulation (EEC) No 1612/68 is hereby amended as 
follows: 
1. The following paragraph is added to Article 5: 
'He shall also receive the aid to promote mobility 
and recruitment available to nationals travelling 
either within the country or to other Member or 
non-Member States to take up an activity as an 
employed person.' 
2. In Article 7(3), the second part of the sentence after 
'national workers' is replaced by the following: 
'have access to vocational training, readaptation and 
retraining'. 
(*) OJ No L 257, 19. 10. 1968, p. 2. 
O OJ No L 39, 14. 2. 1976, p. 2. O OJ No C 186, 26. 7. 1985, p. 3. 
21. 4. 89 Official Journal of the European Communities No C 100/7 
3. The following paragraph is added to Article 7: 
'5. A Member State whose laws, regulations or 
administrative provisions attribute legal effect or 
make social or tax advantages subject to the 
occurrence of certain facts or events shall, where 
necessary, take into account the said facts or events 
which occurred in any other Member State as if they 
had occurred on the national territory.' 
4. In the first paragraph of Article 8, the following is 
added after the words 'holding an office governed 
by public law': 
'in so far as the activities in question are connected 
with the exercise of official authority'. 
5. The following is added to Article 9 (1): 'and loans 
and grants'. 
6. A new Article 9a is inserted: 
'Article 9a: 
— The provisions of Title II shall apply to any 
national of a Member State who is sent by his 
employer, exercising an activity in the territory of a 
Member State, to perform his contractual duties 
either in another Member State or outside the 
territory of the Community.' 
7. Article 10(1) is replaced by the following: 
'Article 10 
The following shall, even if they are not nationals of 
a Member State, have the right to install themselves 
with the national of a Member State who is 
employed in the territory of a Member State: 
(a) the spouse and their descendants; 
(b) relatives in the ascending line of the worker or 
the spouse; 
(c) any other member of the family dependent on or 
living under the roof of the worker or the spouse 
in the country whence they come.' 
8. Article 11 is replaced by the following: 
Article 11 
The members of the family of a worker referred to 
in Article 10 pursuing an activity as an employed or 
self-employed person in the territory of a Member 
State who do not have the nationality of a Member 
State shall have the right to take up any activity as 
an employed person throughout the territory of that 
same State, and to perform that activity in 
accordance with the provisions laid down by law, 
regulation or administrative action governing the 
employment of nationals of that State. The death of the worker on whom the members of 
the family are dependent or the dissolution of the 
marriage shall not affect that right.' 
9. Article 12 is replaced by the following: 
Article 12 
The members of the family of a worker referred to 
in Article 10 who are resident in the territory of the 
Member State in which the worker is or has been 
employed shall enjoy the same social advantages as 
the nationals of that State; they shall also be 
admitted to general educational, apprenticeship and 
vocational training courses of university or 
non-university level on the same terms as the 
nationals of that State. 
Member States shall encourage all efforts to enable 
such persons to attend these courses under the best 
possible conditions and shall take action to simplify 
the formalities so that the costs of opening a 
personal file are similar to those for nationals of the 
State.' 
10. A new Article 12a is inserted: 
Article 12a 
The provisions of Title III shall also apply to the 
members of the family of a national worker who is 
seconded as described in Article 9a.' 
11. Article 43 is replaced by the following: 
Article 43 
1. Member States shall take such measures as are 
necessary to ensure the application by all natural and 
legal persons of the principle of equal treatment in 
the fields covered by this Regulation and to curb any 
infringement of that principle. 
2. Member States shall, for information purposes, 
communicate to the Commission the texts of 
agreements, conventions or arrangements concluded 
between them in the manpower field between the 
date of their being signed and that of their entry into 
force.' 
12. In Article 47, reference to Articles 5 and 9a is 
inserted between the references to Articles 3 and 10. 
Article 2 
This Regulation shall enter into force on .... 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States.