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
Date: 1998-07-22
Institutions: European Commission
Subjects: application of EU law, free movement of persons, free movement of workers, migrant worker, social security

C  344/12

EN

Official  Journal  of  the  European  Communities

12.11.98

The  procedure  for  issuing  a  residence  permit  to  such
members  of  the  family  following  dissolution  of  the
marriage  shall  be  as  laid  down  in  Article  4a  of
Council  Directive  68/360/EEC(cid:216)(*).

Article  11

Where  a  national  of  a  Member  State  is  pursuing  an
activity  as  an  employed  or  self(cid:220)employed  person  in
the  territory  of  a  Member  State,  members  of  his
family  covered  by  Article  10  shall  have  the  right  to
take  up  any  activity  as  an  employed  or  self(cid:220)employed
person  throughout  the  territory  of  that  same  State
and  to  pursue  it  in  accordance  with  the  laws,  regu(cid:220)
lations  and  administrative  provisions  governing  the
employment  of  workers  who  are  nationals  of  that
State.  They  retain  this  right 
is
dissolved,  on  condition  that  they  have  lived  in  the
territory  under  the  terms  of  Article  10(1)  for  a
period  of  at  least  five  consecutive  years.

if  the  marriage 

(*)(cid:217)OJ  L  257,  19.10.1968,  p.  13’.

10.(cid:217)The  first  indent  of  Article  12  is  replaced  by  the

following:

"The  members  of  the  family  of  a  national  of  a
Member  State  who  is  or  has  been  employed  in  the
territory  of  another  Member  State  who  are  covered
by  Article  10  shall  be  admitted  to  that  State’s  general
educational, 
or
non(cid:220)university  vocational  training  courses  under  the
same  conditions  as  nationals  of  that  State,  if  they  are
residing  in  that  territory’.

apprenticeship 

university 

and 

Article  2

This  Regulation  shall  enter  into  force  on  the  20th  day
following  its  publication  in  the  Official  Journal  of  the
European  Communities.

This  Regulation  shall  be  binding 
directly  applicable  in  all  Member  States.

in 

its  entirety  and

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

(98/C  344/08)

(Text  with  EEA  relevance)

COM(1998)  394  final  -  98/0230(COD)

(Submitted  by  the  Commission  on  14  October  1998)

THE  EUROPEAN  PARLIAMENT  AND  THE  COUNCIL
OF  THE  EUROPEAN  UNION,

Having  regard  to  the  Treaty  establishing  the  European
Community,  and  in  particular  Article  49  thereof,

Having  regard  to  the  proposal  from  the  Commission,

Having  regard  to  the  opinion  of  the  Economic  and
Social  Committee,

Acting  in  accordance  with  the  procedure  laid  down  in
Article  189b  of  the  Treaty,

(1)(cid:217)Whereas  Council  Directive  68/360/EEC(cid:216)(˛),  as  last
the  Act  of  Accession  of  Austria,

amended  by 

Finland  and  Sweden,  lays  down  conditions  for  the
abolition  of  certain  restrictions  on  movement  and
residence  for  persons  covered  by  Council  Regulation
(EEC)  No  1612/68  of  15  October  1968  on  freedom
of  movement  for  workers  within  the  Community(cid:216)(ˇ),
as 
last  amended  by  European  Parliament  and
Council  Regulation  (EC)  No(cid:216).(cid:216).(cid:216)./.(cid:216).(cid:216).;

(2)(cid:217)Whereas  Regulation  (EEC)  No  1612/68  has  been
amended  to  cover  a  wider  range  of  persons;  whereas
this  makes 
line  with
it  necessary  to  adjust, 
the  provisions  of  Directive
these  amendments, 
family
68/360/EEC 

regards  workers 

and 

as 

in 

(˛)(cid:217)OJ  L  257,  19.10.1968,  p.  13.

(ˇ)(cid:217)OJ  L  257,  19.10.1968,  S.  2.

12.11.98

EN

Official  Journal  of  the  European  Communities

C  344/13

members  who  are  citizens  of  the  European  Union,
and  also  family  members  who  are  not  citizens  of  the
European  Union;

HAVED  ADOPTED  THIS  DIRECTIVE:

(3)(cid:217)Whereas,  as  the  Court  of  Justice  of  the  European
Communities  has  pointed  out  on  several  occasions,
the  administrative  position  of  job(cid:220)seekers  has  not
always  been  clear,  even  though  they  are  effectively
covered  by  Article  48  of  the  Treaty  and  by  Regu(cid:220)
lation  (EEC)  No  1612/68;  whereas  their  right  of
residence  for  the  purpose  of  looking  for  work,  for
the  length  of  time  this  takes,  without  the  need  to
hold  a  residence  permit,  should  be  clearly  laid  down;

(4)(cid:217)Whereas  it  is  desirable  to  allow  the  aggregation  of
periods  of  residence  so  as  to  enable  a  worker  who
has  been  in  employment  for  over  12  months  during  a
continuous  residence  period  of  over  18  months  to
obtain  a  five(cid:220)year  permit;  whereas  this  amendment  is
important  in  order  to  cater  for  temporary  relocations
and  to  respond  to  the  reality  of  the  Community’s
labour  market  where  it  is  not  always  possible  for
workers 
employment
immediately  on  taking  up  their  first  contract;

permanent 

obtain 

to 

(5)(cid:217)Whereas  a  worker  who  has  resided  for  a  period  of
five  years  in  the  territory  of  a  Member  State  should
be  entitled  to  automatic  renewal  of  his  residence
permit 
the
procedure 
issuing  residence  permits
should  be  simplified  and,  if  possible,  brought  into
line  with 
issue  national
identity  papers;

for  periods  of  10  years;  whereas 

the  procedure  used 

involved 

to 

in 

(6)(cid:217)Whereas  the  expulsion  of  Community  workers  or
members  of  their  family  on  grounds  of  public  policy
or  public  security 
is  a  radical  step  which  may
seriously  harm  persons  who,  availing  themselves  of
the  rights  and  freedoms  laid  down  in  the  Treaty,
have 
the  host
Member  State;  whereas  the  scope  of  these  measures
should  be  restricted,  regard  being  had  to  the  degree
of  integration  and  the  financial  and  family  ties  of  the
person  affected;

themselves 

integrated 

truly 

into 

Article  1

Directive  68/360/EEC  is  amended  as  follows:

1.(cid:217)The  first  sentence  of  Article  2(1)  is  replaced  by  the

following:

"Member  States  shall  grant  the  nationals  referred  to  in
Article  1  the  right  to  leave  their  territory  in  order  to
seek  employment,  to  join  vocational  training  courses
or  to  take  up  activities  as  employed  persons  and  to
pursue  such  activities 
in  the  territory  of  another
Member  State’.

2.(cid:217)The  following  subparagraph  is  added  to  Article  3(2):

"However,  Member  States  shall  allow  family  members
who  are  nationals  of  a  non(cid:220)member  country  and  who
normally  reside  in  a  Member  State  to  obtain  the
necessary  visas  or  equivalent  documents 
the
Member  State  in  which  they  were  residing  or  in  the
Member  State  in  which  these  persons  are  to  take  up
residence  with  the  worker  under  the  terms  of  Article
10  of  Regulation  (EEC)  No  1612/68’.

in 

3.(cid:217)Article  4  is  amended  as  follows:

(a)(cid:217)In  paragraph  2,  the  term  "Residence  permit  for  a
is
national  of  a  Member  State  of  the  EEC’ 
replaced  by  "Residence  permit  for  a  citizen  of  the
European  Union’.

(b) Paragraph  3  is  amended  as  follows:

(i) in  the  opening  phrase  the  term  "Residence
permit  for  a  national  of  a  Member  State  of
the  EEC’  is  replaced  by  "Residence  permit
for  a  citizen  of  the  European  Union’;

(ii) point  (b)  is  replaced  by  the  following:

(7)(cid:217)Whereas 

the  grant  of  an  autonomous  right  of
residence  to  members  of  the  family  who  have  lived  in
the  country  for  a  period  of  three  consecutive  years
has  been  incorporated  into  Regulation  (EEC)  No
1612/68;  whereas  this  should  therefore  be  included
in  Directive  68/360/EEC  so  that  the  procedures  for
conferring  this  right  can  be  established;

(8)(cid:217)Whereas  Directive  68/360/EEC  should  therefore  be

amended  accordingly,

"(b)(cid:217)a  confirmation  of  engagement  by  the
employer 
or
an 
vocational  training  course  certificate’;

employment 

or 

(iii)(cid:217)point  (e)  is  replaced  by  the  following:

"(e) in  the  cases  referred  to  in  point  (c)  of
in  Article  10(2)  of
a
the  competent

Article  10(1)  and 
Regulation 
document 

(EEC)  No  1612/68, 

issued  by 

C  344/14

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12.11.98

authority  of  the  State  of  origin  or  the
State  whence  they  came,  testifying  that
they  are  dependent  on  the  worker  or
that  they  live  under  his  roof  in  such
country’.

4.(cid:217)Article  4(a)  is  inserted:

"Article  4a

1.(cid:218)(cid:217)In  the  event  of  dissolution  of  the  marriage,
Member  States  shall  recognise  the  right  of  residence
on  their  territory  of  members  of  the  familiy  of  a
Community  worker  who  are  not  nationals  of  a
Member  State  but  who  have  lived  for  a  period  of
three  consecutive  years  in  a  Member  State  under
Article  10  of  Regulation  (EEC)  No  1612/68 
in
accordance  with  paragraphs  2  and  3  of  this  Article.

they  can  provide  evidence 

2.(cid:218)(cid:217)Where  the  family  members  are  not  economically
active,  the  right  of  residence  is  recognised  provided
they  have
that 
sufficient  financial  resources  for  themselves  and  their
dependants  and 
insurance
covering  all  risks  in  the  Member  State  in  which  they
are  living.

they  have  health 

that 

that 

The  provisions  of  Council  Directive  90/364/EEC(*)
relating  to  the  assessment  of  sufficient  resources,  the
duration  of  residence  permits  and  their  renewal  shall
apply  mutatis  mutandis  to  the  application  of  the  first
subparagraph.

3.(cid:218)(cid:217)The  right  of  residence  of 
family  members
pursuing  economic  activities  under  Article  11  of
Regulation  (EEC)  No  1612/68  shall  be  recognised  on
presentation  of  a  contract  of  employment,  a  certificate
of  employment  or  a  declaration  of  self(cid:220)employment.
Articles  6  and  9  of  this  Directive  shall  apply  mutatis
mutandis  to  the  duration  of  the  residence  permit  and
conditions  for  renewal.

5.(cid:217)Article  6  is  amended  as  follows:

(a)(cid:217)Point  (b)  of  paragraph  1 

is  replaced  by  the

following:

"(b)(cid:217)must  be  valid  for  at  least  five  years  from  the
issue  and  must  be  automatically

date  of 
renewable  for  a  period  of  10  years’.

(b) Paragraph  2  is  replaced  by  the  following:

in 

residence  not  exceeding 

"2.(cid:218)(cid:217)Breaks 
six
consecutive  months  and  absence  on  military
service  or  due  to  reasons  of  health,  maternity,
study  or  posting  for  employment  shall  not  affect
the  validity  of  a  residence  permit’.

(c) The  following  subparagraph  is  inserted  after  the

first  subparagraph  of  paragraph  3:

"Nevertheless,  where  a  worker  has  had  several
successive  temporary  jobs  over  a  total  period  of
more  than  12  months  during  a  residence  period  of
18  months,  the  host  Member  State  shall  issue  him
with  the  residence  permit  mentioned  in  the  first
subparagraph  on  presentation  of  a  declaration  of
employment  or  a  certificate  of  employment,  even
if  the  job  is  of  a  duration  of  under  one  year’.

(d) The  following  paragraph  4  is  added:

"4.(cid:218)(cid:217)Subject  to  the  provisions  of  point  (d)  of
Article  8(1),  a  worker  who  is  unemployed  after  a
period  working  in  a  Member  State  and  has  a
residence  permit  under  the  first  subparagraph  of
paragraph  3  has  the  right  to  automatic  renewal  of
that  residence  permit  for  periods  of  at  least  six
months  as  long  as  he  is  seeking  work.

Without  prejudice  to  the  first  subparagraph,  if  the
person 
in  question  has  acquired  the  right  to
unemployment  benefit,  the  residence  permit  shall
be  renewed  automatically  until  his  entitlement  to
unemployment  benefit  ceases’.

4.(cid:218)(cid:217)Absences  not  exceeding  six  consecutive  months
and  absences  in  connection  with  the  completion  of
military  service  or  for  reasons  of  health,  for  maternity
or  study  shall  not  constitute  an  interruption  of  the
period  of  residence  for  the  purpose  of  calculating  the
three(cid:220)year  period  referred  to  in  paragraph  1.

6.(cid:217)Article  7  is  replaced  by  the  following:

"Article  7

(*)(cid:217)OJ  L  180,  13.7.1990,  p.  26’.

A  valid  residence  permit  may  not  be  withdrawn  from
a  worker  solely  on  the  grounds  that  he  is  no  longer  in
employment, 
temporarily
incapable  of  work  as  a  result  of  illness,  accident,  or
maternity,  or  because  he  is  involuntarily  unemployed,

either  because  he 

is 

12.11.98

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C  344/15

this  being  duly 
employment  services.

confirmed  by 

the 

competent

If  it  expires  during  the  time  he  is  incapable  of  work,  it
shall  be  renewed  automatically  in  accordance  with
Article  6’.

7.(cid:217)The  following  point  (d)  is  added  to  Article  8(1):

in 

its  territory.  If  the  person 

"(d)(cid:217)a  national  of  a  Member  State  who  is  seeking
employment 
is
seeking  employment  for  longer  than  six  months,
the  Member  State  may  ask  the  job(cid:220)seeker  to
prove  that  he  is  actively  looking  for  work  and
that  he  has  a  reasonable  chance  of  being  offered
employment’.

8.(cid:217)Article  9  is  amended  as  follows:

(a)(cid:217)Paragraph  1  is  replaced  by  the  following:

"1.(cid:218)(cid:217)The 
to
residence  documents 
persons  covered  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’.

granted 

(b) Paragraph  3  is  replaced  by  the  following:

take 

"3.(cid:218)(cid:217)Member  States  shall 
the  necessary
measures  to  bring  the  procedures  in  this  Directive
for  issuing  residence  documents  into  line  with
issuing  of  national
existing  procedures  for  the 
identity  cards  or  other  equivalent  national  papers’.

9.(cid:217)Article  10  is  replaced  by  the  following:

"Article  10

Nevertheless,  in  applying  the  derogations  referred  to
in  the  first  paragraph,  Member  States  shall  take  into
account  the  degree  to  which  the  person  affected  by
such  measures  has  been  integrated  into  their  territory,
with  a  view  to  possibly  restricting  the  extent  of  such
derogation.

into 

To  determine  the  extent  which  a  person  has  been
integrated 
the  Member  State  of  residence,
Member  States  shall  take  into  account  circumstances
such  as  the  fact  that  the  person  in  question  was  born
in  that  State,  has  undertaken  most  of  his  studies  or
training  in  that  State  or  has  major  cultural,  social,
professional  or  family  links  with  that  State’.

Article  2

1.(cid:218)(cid:217)Member  States  shall  bring 
laws,
regulations  and  administrative  provisions  necessary  to
comply  with  this  Directive  by  31  December  2000  at  the
latest.  They  shall  forthwith 
inform  the  Commission
thereof.

into  force  the 

When  Member  States  adopt  those  provisions,  they  shall
contain  a  reference  to  this  Directive  or  shall  be  accom(cid:220)
panied  by  such  a  reference  on  the  occasion  of  their
official  publication.  Member  States  shall  determine  how
such  reference  is  to  be  made.

2.(cid:218)(cid:217)Member 
the
shall 
Commission  the  text  of  domestic  law  which  they  adopt
in  the  field  governed  by  this  Directive.

communicate 

States 

to 

Article  3

This  Directive  shall  enter  into  force  on  the  20th  day
following  its  publication  in  the  Official  Journal  of  the
European  Communities.

Member  States  shall  not  derogate  from  the  provisions
of  this  Directive  save  on  grounds  of  public  policy,
public  security  or  public  health.

Article  4

This  Directive  is  addressed  to  the  Member  States.