COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(90) 108 final - SYN - 185 
Brussels, 9 ApriI 1990 
Modified Proposal for a 
COUNCIL REGULATION (EEC) 
amending Regulation (EEC) No 1612/68 on freedom of movement 
for workers within the Community 
Modified Proposal for a 
COUNCIL REGULATION (EEC) 
amending Directive 68/360/EEC on the abolition of restrictions 
on movement and residence of workers of Member States 
and their families within the Community 
(presented by the Commission pursuant to Article 149(3) 
of the EEC Treaty) 

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Bxi?1iftfY\tory Memorandum 
1. Pursuant to Article 49 of the EBC Treaty, the European Parliament was 
consulted by the Council on the Commission proposals to the Council In 
respect of the amendments to Regulation 1612/68 and Directive 
68/360/EBC. 
At the meeting on 14 February 1990, the European Parliament, subject to 
the reservation regarding the amendments it had introduced, approved the 
Commission proposals and requested it to amend its proposal accordingly. 
After a thorough examination of the amendments proposed by the 
European Parliament, pursuant to Article 149(3) of the EBC Treaty, the 
Commission decided to present the amended proposals to the Council. 
2. The amendments to the initial proposals mainly seek to: 
clarify the scope of the rule on equal treatment for nationals and 
other Caminunity nationals (Article 7(1) and (3) of 
Regulation (EBC) No 1612/68; 
extend the category of direct beneficiaries of Camraunity law in the 
context of family reunion to inoliide any person treated on the same 
footing as the spouse of the worker in the system of the host 
country (Article 10 of Regulation (EBC) No 1612/68; Article 4(3) 
Of Directive 68/360/EBC); 
delete provisions that have become superfluous (Articles 38, 39, 40 
and 41 of Regulation (EBC) No 1612/68); 
draw up a report on the implementation of the freedom of movement 
of workers in the Community (Article 44 of 
Regulation (EBC) No 1612/68; Article 12 of Directive 68/360/EBC); 
facilitate the issue of a residence permit valid for five years 
(Article 6(3) and Article 9(1) of Directive 68/360/EBC); 
provide for a transitional provision to ensure the continuous 
validity of residence permits issued pursuant to the Directive 
prior to its amendment. 

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Modified Proposal for a 
COUNCIL REGULATION (EEC) 
amending Regulation (EEC) No 1612/68 on freedom of movement 
for worlcers within the Community 
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, under the terms of Article 8a of the Treaty, the Community must 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; 
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Whereas there Is an Imperative need to adapt the provisions of Council 
Regulation (EEC) No 1612/681, as amended by Regulation (EEC) No 312/762, to 
the new socio-economic context and to consolidate the accumulated rulings of the 
Court of Justice of the European Communities by Incorporating 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 stemming from the condition of 
territoriality on the application of equal treatment and the restrictions 
imposed by the provisions currently in force on the right of family 
reunification, should be removed; 
Whereas In Its Resolution of 10 July 19853, 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 State over the application of the principle of 
equal treatment should be strengthened, 
HAS ADOPTED THIS REGULATION: 
1. 0J No L 257, 19.10.1968, p. 2. 
2. OJ No L 39, 14.2.1976, p. 2. 
3. OJ No C 186, 26.7.1985, p. 2. 
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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 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 activity as an employed 
person." 
2. Article 7(1) is replaced by the following: 
"1. A worker who Is a national of a Member State may not, in the 
territory of another Member State, be treated differently from 
national workers by reason of his nationality In respect of any 
conditions of employment and work, especially with respect to 
health, safety and hygiene, and with respect to remuneration, 
dismissal, social security, occupational re-integration or 
re-employment if he has become unemployed or if he is the victim 
of total or partial incapacity for work." 
3. Article 7(3) is replaced by the following: 
"3. He shall also, by virtue of the same right and under the same 
conditions as national workers, have access to all levels of 
education and training, readaptlon and retraining, vocational 
training and retraining." 
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4. The following paragraph is added to Article 7: 
"5. A Member State whose laws, regulations or administrative 
provisions attribute legal effects 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." 
5. 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". 
6. The following is added to Article 9(1): 
"and to means of financing and subsidies"; 
7. 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." 
8. Article 10 is replaced by the following: 
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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 another Member 
State: 
(a) the spouse or any person with similar status under the system of 
the host country and their descendents; 
(b) relatives in the ascending line of the worker or the spouse or 
any person with similar status under the system of the host 
country; 
(c) any other member of the family in the country of origin who is 
dependent on or living under the roof of the worker or the 
spouse or person with similar status under the system of the 
host country." 
Article 11 Is replaced by the following: 
-Article 11 
The members of the family referred to in Article 10 of a worker 
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. 
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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." 
10. 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 
education, apprenticeship and vocational training courses of 
university or non-unlverslty level on the same terms as the nationals 
of that State. 
Member States shall adopt measures to enable such persons to have 
access to all levels of education and 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." 
11. 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." 
12. Articles 38, 39, 40 and 41 are deleted. 
13. Article 43 is replaced by the following: 
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"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." 
14. Article 44 is replaced by the following 
'Article 44 
1. The Commission shall adopt the necessary Implementing rules for the 
application of this regulation. To this end, it will act In close 
cooperation with the authorities of the Member States and the two 
sides of industry. 
2. The Commission shall forward to the Council and the European 
Parliament every three years, starting on 1 January 1992, a 
communication on the implementation of freedom of movement for 
workers In the Community. 
3. The Commission shall communicate, as soon as possible, the 
Instructions needed for providing adequate information concerning 
this regulation to the national, regional and local authorities and 
to the users; the Commission shall publish within six months of the 
entry Into force of this regulation a practical guide on the freedom 
of movement for workers". 
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15. In Article 47, the reference to Articles 2, 3, 10 and 11 Is replaced by 
reference to Articles 2, 3, 5, 9a, 10 and 11. 
Article 2 
This Regulation shall enter Into force on 1 January 1991. 
This Regulation shall be binding in Its entirety and directly applicable in a 
Member States. 
Done at Brussels For the Council 
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Modified Proposal for a 
COUNCIL REGULATION (EEC) 
amending Directive 68/360/EEC on the abolition of restrictions 
on movement and residence of worlcers of Member States 
and their families within the Community 
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/EEC1, as last amended by the Act of Accession 
of Spain and Portugal, lays down the circumstances In which certain restrictions 
on movement and residence are abolished or alleviated for persons covered by 
Council Regulation (EEC) No 1612/682, as last amended by Regulation (EEC) No 
...;3. 
Whereas Council Regulation (EEC) No .../... amended Regulation (EEC) No 1612/68 
to extend the personal scope of the latter, whereas the need has consequently 
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-
1. OJ No L 257, 19.10.1968, p. 13. 
2. OJ No L 257, 19.10.1968, p. 2. 
3. OJ NO L 
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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 dally 
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 insecure and intermittent employment; 
Whereas in the context of a People's Europe, the feeling of belonging to a 
European people should be promoted by entitling the residence card, "European 
Communities Residence Card", 
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 Art le le 4(3), the beginning of the sentence is replaced by the 
fol lowing: 
"For the Issue of a European Communities Residence Card ..." 
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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(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 person with similar status under the system of the 
host country or that they live under the roof of the latter." 
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 ten years." 
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 9a of Regulation (EEC) 
No 1612/68.". 
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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, with 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 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 entitlement to unemployment benefit under the 
legislation 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 residence card issued to him under the first subparagraph of 
paragraph 3 shall be automatically renewable until his 
entitlement to unemployment 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. 
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14. Article 9(1) Is replaced by the following: 
"1. The residence documents and supporting documents issued to 
persons enjoying the rights conferred by this Directive shall be 
Issued and renewed free of charge;" 
15. The following paragraph is added to Article 9: 
"4. Presentation of the residence card may not be demanded on 
crossing frontiers." 
16. The following paragraphs 3 and 4 are added to Article 12: 
"3. Member States shall report to the Commission every two years on 
the application of this Directive and the national provisions 
adopted in compliance with it; the Commission shall notify the 
European Parliament thereof. 
4. The Commission shall draw up a report on the implementation of 
this Directive before the end of the second year following the 
application of the amended Directive, and every three years 
thereafter. 
The Commission shall present this report to the Council, the 
European Parliament and the Economic and Social Committee". 
17. Article 13 is replaced by the following: 
"Article 13 
The residence permits Issued pursuant to the Directive prior to its 
amendment by Directive .../.../EEC and which are valid at the time of 
entry Into force of these amendments shall remain valid until their 
expiry date." 
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18. 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 European Communities residence 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. 
The holder of this card has the right to take up and pursue an activity 
as an employed person on 1 territory under the same conditions as 
1 nat ionals. 
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 notification and shall forthwith inform the Commission 
thereof. 
The provision adopted pursuant to the first paragraph shall make express 
reference to this Directive. 
Article 3 
This Directive is addressed to the Member States. 
Done at Brussels For the Council 

ISSN 0254-1475 
COM (90) 108 final 
DOCUMENTS 
EN 05 
Catalogue number : CB-CO-90-151-EN-C 
ISBN 92-77-59360-1 
Office for Official Publications of the European Communities 
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