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
Date: 1990-04-09
Institutions: European Commission
Subjects: domestic market, free movement of workers, migrant worker, residence permit

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) 

- 2 -

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 
of 
Caminunity 
Regulation (EBC) No 1612/68; 

(Article 7(1) 

nationals 

and 

(3) 

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 
of 
Regulation (EBC) No 1612/68;  Article 12 of Directive 68/360/EBC); 

(Article 44 

Community 

workers 

the 

in 

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. 

- 3 -

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; 

4  -

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. 

- 5 -

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." 

- 6 -

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: 

- 7 -

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. 

- 8 -

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: 

- 9 -

"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". 

-  10 -

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 

-  11 -

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 

-12 

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  ..." 

-  13  -

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. 

6. 

Article  4(4)  is  deleted. 

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.". 

- 14 -

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. 

- 15 -

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." 

-  16 -

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 

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