3. 2. 90 Official Journal of the European Communities No C 26/19 
Amended proposal for a Council Directive on the right of residence for employees and self-
employed persons who have ceased their occupational activity (') 
COM(89) 675 final — SYN 200 
(Submitted by the Commission, pursuant to Article 149 (3) of the EEC Treaty on 21 December 
1989) 
(90/C 26/18) 
(') OJ No C 191, 28. 7. 1989, p. 3. 
ORIGINAL PROPOSAL 
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; 
Whereas Article 8 a 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; AMENDED PROPOSAL 
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; 
Whereas Article 8 a 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; 
No C 26/20 Official Journal of the European Communities 3. 2. 90 
ORIGINAL PROPOSAL 
Whereas pursuant to Article 10 of Regulation (EEC) No 
1408/71 of the Council ('), as amended by Regulation 
(EEC) No 1390/81 ('), 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 (3), 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. 
O OJ No L 149, 5. 7. 1971, p. 2. 
(2) OJ No L 143, 29. 5. 1981, p. 1. 
(3) OJ No L 257, 19. 10. 1968, p. 2. 
O OJ No L 257, 19. 10. 1968, p. 13. 
O OJ No 56, 4. 4. 1964, p. 850/64. AMENDED PROPOSAL 
Whereas pursuant to Article 10 of Regulation (ECC) 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 action on the social dimension of the Internal 
Market will serve to reduce the disparities existing 
between Member States in levels of pensions and benefits 
but in the interim such disparities cannot be allowed to 
pose a barrier to the free movement and right of 
residence of retired Community citizens; 
Whereas this Directive is the first step towards securing 
the right of residence anywhere in the Community for all 
retired Member States' nationals; 
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 (3), 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, or are entitled to survivor's 
benefits and are covered by a sickness insurance scheme, 
or have other adequate resources on which to live. 
Pensions or other measures shall be deemed to be 
adequate if they ensure that those entitled to residence 
do not become a burden to the social security scheme of 
the host country during their residence there. 
(') OJ No L 149, 5. 7. 1971, p. 2. 
O OJ No L 143, 29. 5. 1981, p. 1. 
O OJ No L 257, 19. 10. 1968, p. 2. 
(4) OJ No L 257, 19. 10. 1968, p. 13. 
(5) OJ No 56, 4. 4. 1964, p. 850/64. 
3. 2. 90 Official Journal of the European Communities No C 26/21 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
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. 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. 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. 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. 
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 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 and the other Member States. 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 and the other Member States. 
The provisions adopted pursuant to the first paragraph 
shall make express reference to this Directive. 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. Article 5 
This Directive is addressed to the Member States.