Opinion of the Economic and Social Committee on the ' Proposal for a European Parliament and Council Directive 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 and Directive 73/148/EEC on the abolition of restrictions on movement and residence within the Community for nationals of Member States with regard to establishment and the provision of services'
Date: 1996-03-27
Institutions: European Economic and Social Committee
Subjects: free movement of persons, frontier, identity document, police checks, residence permit













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51996AC0418

Opinion of the Economic and Social Committee on the ' Proposal for a European Parliament and Council Directive 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 and Directive 73/148/EEC on the abolition of restrictions on movement and residence within the Community for nationals of Member States with regard to establishment and the provision of services'  


Official Journal C 174 , 17/06/1996 P. 0040 





Opinion of the Economic and Social Committee on the 'Proposal for a  European Parliament and Council Directive 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 and Directive 73/148/EEC on the abolition of restrictions on movement and residence within  the Community for nationals of Member States with regard to establishment and the provision of  services` ()(96/C 174/13)On 23  February 1996 the Council decided to consult the Economic  and Social Committee, under Article 198 of the Treaty establishing the European Community, on the  above-mentioned proposal. The Section for Social, Family, Educational and Cultural Affairs, which was responsible for  preparing the Committee's work on the subject, adopted its Opinion on 14  March 1996. The  Rapporteur was Mr Vinay. At its 334th Plenary Session (meeting of 27  March 1996), the Economic and Social Committee adopted  the following Opinion by 96 votes to three, with one abstention. 1. Foreword1.1. Under Directives 68/360/EEC (movement and residence of workers of Member  States) and 73/148/EEC (movement and residence with regard to establishment and the provision of  services), the crossing of frontiers is subject to production of a valid identity document. 1.2. In order to bring the abovementioned Directives into line with the objectives of Articles 7a  and 8a of the EC Treaty, it is necessary to delete the provisions which place this requirement on  persons crossing the EU's internal borders. 1.3. The present proposal is designed to do this. 2. Comments2.1. The present proposal supplements the proposal for a Directive on the elimination  of controls on persons crossing internal frontiers (COM(95) 347 final) on which the Committee has  issued a favourable Opinion. 2.1.1. The Committee realizes that the practical elimination of internal border checks is  contingent on the adoption of both proposals. 2.2. The Committee notes that the obligation to present a valid identity document is only being  lifted for the crossing of the EU's internal borders. 2.3. The Committee therefore endorses the provision requiring persons crossing external borders to  produce a valid identity card or passport. 2.4. The Committee endorses the last recital of the proposal, which states that the objective of  Article  7a does not imply that citizens of the Union and members of their families are entitled to  travel without being in possession of the requisite travel documents. 2.4.1. The Committee therefore approves the provision allowing Member States to require the persons  covered by the two Directives to be in possession of a valid identity card or passport, if  necessary bearing a visa (in the case of a family member who is a national of a third-country for  whom a visa is required). 2.4.1.1. The Committee would here emphasize the need to align national legislation in this area. 2.4.2. The Committee () also points out that since the Draft Directive amends two earlier  Directives, its legal basis is obviously the same as theirs. 2.5. The Committee therefore approves the proposed Directive. Done at Brussels, 27  March 1996. The Presidentof the Economic and Social CommitteeCarlos FERRER() OJ No C  307, 18. 11. 1995, p. 18.  () OJ No L 257, 19. 10. 1968, p. 13; OJ No L 172, 28. 6. 1973, p. 14.