No C 100/8 Official Journal of the European Communities 21. 4. 89 
Proposal for a Council Regulation (EEC) 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 
COM(88) 815 final — SYN 185 
(Submitted by the Commission to Council on 11 January 1989) 
(89/C 100/07) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community and in particular Article 49 
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 Council Directive 68/360/EEC (') of 15 
October 1968 on the abolition of restrictions on 
movement and residence within the Community for 
workers of Member States and their families as last 
amended by the Act of Accession of Spain and Portugal, 
lays down the circumstances in which these restrictions 
are abolished or alleviated for persons covered by 
Council Regulation (EEC) No 1612/68 (2), as last 
amended by Regulation (EEC) No .../...; 
Whereas Council Regulation (EEC) No .../... 
amended Regulation (EEC) No 1612/68 to extend the 
personal scope of the latter, whereas the need has conse­
quently emerged to adapt the provisions of Directive 
68/360/EEC in line with those amendments, both as 
regards workers and members of their families who are 
nationals of a Member State and as regards members of 
their families who are not nationals of a Member State; 
Whereas the procedures linked to the issue of residence 
cards and related documents have in many cases proved 
too long and the costs very high and these difficulties 
constitute an objective obstacle to the organization of 
the daily lives of those concerned and a constraint on 
their integration into the host country; 
Whereas, from the point of view of stability of residence, 
account should be taken of the new conditions obtaining 
on the employment market, particularly as regards the 
increase in precarious and intermittent employment; 
Whereas in the context of the People's Europe, the 
feeling of belonging to a European people should be 
promoted by entitling the residence card 'European 
Communities Residence Card', 
0) OJ No L 257, 19. 10. 1968, p. 13. 
O OJ No L 257, 19. 10. 1968, p. 2. HAS ADOPTED THIS DIRECTIVE: 
Article 1 
Directive 68/360/EEC is hereby amended as follows: 
1. In Article 4 (2), the first sentence is replaced by the 
following: 
'As proof of the right of residence, a document 
entitled "European Communities Residence Card" 
shall be issued.' 
2. In Article 4 (3), the beginning of the sentence is 
replaced by the following: 
'For the issue of a European Communities Residence 
Card ...'. 
3. The following is added to Article 4 (3), first indent, 
point(b): 
'in the cases referred to in Article 6 (4), a certificate 
proving the worker's entitlement to unemployment 
benefit issued in the host State;'. 
4. Article 4 (3), second indent, point (e) is replaced by 
the following: 
'(e) For the members of the family as referred to in 
Article 10 (1) (c) of Regulation (EEC) No 
1612/68 a document issued by the competent 
authority of the State whence they came or of 
the State of origin certifying that they are 
dependent on the worker or the spouse or that 
they live under his roof or that of the spouse in 
that country.' 
5. Article 4 (4) is deleted. 
6. The following paragraph is added to Article 5: 
'These formalities shall be completed as quickly as 
possible.' 
7. Article 6 (1) (b) is replaced by the following: 
'(b) must be valid for at least five years from the 
date of issue; it shall be automatically renewable 
for periods of 10 years.' 
21. 4. 89 Official Journal of the European Communities No C 100/9 
8. In Article 6 (2), the following words are inserted 
after 'military service': 
'or for medical reasons, maternity or study, or in the 
event of secondment as described in Article 9 a of 
Regulation (EEC) No 1612/68,'. 
9. In Article 6 (3), the following subparagraph is 
inserted after the first: 
'However, when the worker has held several 
successive temporary jobs for a total period of not 
less than twelve months, within an uninterrupted 
residence period of eighteen months, the host 
Member State shall issue to him the residence card 
referred to in paragraph 1 on presentation of a 
confirmation of engagement or a certificate of 
employment even for a period of less than one year.' 
10. In Article 6, the following is added: 
'4. Where the worker has been employed for a 
period exceeding three months but not exceeding 
one year in the host State and has acquired an entit­
lement to unemployment benefit under the legis­
lation of the said State, the residence card issued to 
him under the first subparagraph of paragraph 3 
shall be automatically renewable until his entitlement 
to unemployment benefit has expired. 
Where the worker has been employed for a period 
of less than three months in the host State and has 
acquired an entitlement to unemployment benefit 
under the legislation of the said State, the latter shall 
issue to him a residence card valid for three months 
which is automatically renewable until his entit­
lement to benefit has expired.' 
11. In Article 7 (1), the words 'as a result of illness or 
accident' are replaced by the words 'as a result of 
illness, accident or maternity'. 
12. In Article 7 (1), the following subparagraph is 
added: 
'When the residence card expires during a period of 
incapacity for work, it shall be automatically 
renewed in accordance with Article 6.' 13. Article 7 (2) is deleted. 
14. Article 9 (1) is replaced by the following: 
'1. The residence documents and supporting 
documents granted to persons enjoying the rights 
conferred by this Directive shall be issued and 
renewed free of charge or on payment of an amount 
not exceeding the dues and taxes charged for the 
issue of identity cards to nationals.' 
15. The following paragraph is added to Article 9: 
'4. Presentation of the residence card may not be 
demanded on crossing frontiers.' 
16. The wording of the statement contained in the 
Annex to the Directive and provided for in Article 4 
(2) is replaced by the following: 
'This card is issued pursuant to Council Regulation 
(EEC) No 1612/68 of 15 October 1968 and to the 
measures taken in implementation of Council 
Directive 68/360/EEC of 15 October 1968. 
In accordance with the abovementioned Regulation, 
the holder of this card has the right to take up and 
pursue an activity as an employed person on . . . (') 
territory under the same conditions as ... (') 
nationals. 
(') Nationality of State issuing the card.' 
Article 2 
Member States shall take the measures necessary to 
comply with this Directive within six months of its notifi­
cation and shall forthwith inform the Commission 
thereof. 
The provisions adopted pursuant to the first paragraph 
shall make express reference to this Directive. 
Article 3 
This Directive is addressed to the Member States.