Proposal for a European Parliament and Council Directive on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States
Date: 2001-05-23
Institutions: European Commission
Subjects: European citizenship, administrative formalities, free movement of persons, residence permit

C 270 E/150

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Official Journal of the European Communities

25.9.2001

Proposal for a European Parliament and Council Directive on the right of citizens of the Union
and their family members to move and reside freely within the territory of the Member States

(2001/C 270 E/23)

(Text with EEA relevance)

COM(2001) 257 final (cid:151) 2001/0111(COD)

(Submitted by the Commission on 29 June 2001)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Articles 12, 18, 40, 44 and 52
thereof,

Having regard to the proposal from the Commission,

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

Having regard to the Opinion of
Regions,

the Committee of

the

Acting in accordance with the procedures laid down in Article
251 of the Treaty,

Whereas:

(1) The common provisions contained in Title I of the Treaty
on European Union state that one of the objectives of the
Union is to (cid:145)strengthen the protection of the rights and
interests of the nationals of its Member States through the
introduction of a citizenship of the Union(cid:146).

(2) The free movement of persons constitutes one of

the
the internal market which is,
fundamental
under Article 14(2) of the EC Treaty, an area without
internal borders, within which freedom is assured in
accordance with the provisions of the Treaty.

rights of

(3) The introduction of citizenship of

the Union under
Articles 17 and 18 of the Treaty confers on each citizen
of the Union a primary,
individual right to move and
reside freely within the territory of the Member States.

(4) The development of the mobility of students, researchers,
teachers and
the

those undertaking training, volunteers,
trainers
European Union.

recognised as a political priority of

is

(5) In this context, the sector-by-sector, piecemeal approach
to the right of free movement and residence, as provided
for by Council Regulation (EEC) No 1612/68 of 15 October
1968 on freedom of movement for workers within the
Community (1),
of
Council Directive

68/360/EEC

(1) OJ L 257, 19.10.1968, p. 2; Regulation as last amended by Regu-

lation (EEC) No 2434/92 (OJ L 245, 26.8.1992, p. 1).

15 October 1968 on the abolition of restrictions on
movement and residence within the Community for
workers of Member States and their families (2), Council
Directive 73/148/EEC of 21 May 1973 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 (3), Council
Directive 90/364/EEC of 28 June 1990 on the right of
residence (4), Council Directive 90/365/EEC of 28 June
1990 on the right of residence for employees and self-
employed persons who have ceased their occupational
activity (5)
of
Council Directive
29 October 1993 on the right of residence for students (6),
needs to be reviewed in order to facilitate the exercise of
this right, in accordance with Article 18(2) of the Treaty.

93/96/EEC

and

(6) The right of each citizen of the Union to move and reside
freely within the territory of the Member States must, if it
is to be exercised under objective conditions of freedom
and dignity, be granted to their family members,
irres-
pective of nationality. The definition of family member
must be widened and standardised for all persons
entitled to the right of residence.

(7) There is a need for the formalities connected with the free
movement of Union citizens within the territory of the
Member States to be clearly defined. There is also a need
to facilitate the free movement of family members who
are not nationals of a Member State and would be subject
to visa requirements within the meaning of Council Regu-
lation (EC) No 539/2001 of 15 March 2001 listing the
third countries whose nationals must be in possession of
visas when crossing the external borders and those whose
nationals are exempt from that requirement (7), namely by
treating residence documents as equivalent to short-stay
visas.

(8) In keeping with new developments in mobility, working
arrangements and lifestyles less tied to a single place, stays
not exceeding six months by Union citizens should not be
subject to any formalities other than the requirement to
hold a valid identity card or passport.

(2) OJ L 257, 19.10.1968, p. 13; Directive as last amended by the Act of

Accession of Austria, Finland and Sweden.

(3) OJ L 172, 28.6.1973, p. 14.
(4) OJ L 180, 13.7.1990, p. 26.
(5) OJ L 180, 13.7.1990, p. 28.
(6) OJ L 317, 18.12.1993, p. 59.
(7) OJ L 81, 21.3.2001, p. 1.

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(9) Persons exercising the right to free movement should not,
however, become an unreasonable burden on the public
finances of the host Member State during an initial period
of residence; it is therefore planned to retain the system
whereby the exercise of the right of residence for Union
citizens for periods in excess of six months remains
subject to the requirement that such citizens be engaged
in a gainful activity or, in the case of those not engaged in
gainful activity, that they have sufficient resources and
comprehensive sickness insurance in the host Member
State for themselves and their family members, or that
they be students undergoing vocational training in the
host Member State, or be family members of a Union
citizen who does satisfy one of these requirements.

(10) The fundamental and personal right of Union citizens to
reside in another Member State is not dependent upon
their having been issued a residence card; the residence
card requirement should therefore be restricted to cases
where it is genuinely justified, in particular for members
of the Union citizen’s family who are not nationals of a
Member State and for stays of longer than six months.

(11) For stays of longer than six months, registration by Union
citizens with the competent authorities in the place of
residence, attested by a certificate to that effect, in combi-
nation with the possession of a valid identity card from
the Member State of origin, or a passport, is sufficient and
proportionate and adequate for the host Member State’s
purpose of keeping a record of the movement of people
on its territory.

(12) The supporting documents required by the administrative
authorities for the issuance of a certificate of residence or
a residence card must be comprehensively specified in
order to avoid divergent administrative practices or inter-
pretations constituting an undue obstacle to the exercise
of
the right of residence by Union citizens and their
family members.

(13) Family members should be legally safeguarded in the
event of the death of the Union citizen or of marriage
dissolution; with due regard to family life and human
dignity and on certain conditions
to guard against
should be taken to
abuses of
ensure that persons in such circumstances retain their
right of residence.

the system, measures

(14) Guaranteed permanent residence for Union citizens who
have chosen to settle long-term in another Member State
strengthens the feeling of holding a common citizenship
and is a key element in promoting social cohesion, which
is one of the fundamental objectives of the Community; a
right of permanent residence should, therefore, be laid
down for all Union citizens after four years of uninter-
rupted residence.

remain in the territory of a Member State after having
been employed in that State (1) and Council Directive
75/34/EEC of 17 December 1974 concerning the right
of nationals of a Member State to remain in the
territory of another Member State after having pursued
therein an activity in a self-employed capacity (2).

(16) Where Union citizens exercise their right of permanent
it should also be extended to their family
residence,
members. Where an employed or self-employed Union
citizen dies during his working life, but before having
acquired the right of permanent residence,
the family
members should also be able to acquire the right of
to special
permanent residence and should be subject
conditions.

(17) In order to be a genuine vehicle for integration into the
society of the host Member State where the Union citizen
resides, the right of permanent residence should not be
subject to conditions, but should confer complete equality
of
as maximum
protection against expulsion.

treatment with nationals,

as well

(18) Consequently, the acquisition of the right of permanent
family
residence provides Union citizens
members with additional rights and increased protection;
this right should, therefore, be evidenced by the issuance
of a residence card having unlimited duration.

and their

(19) In accordance with the principle of non-discrimination, all
Union citizens and their family members should enjoy
equal treatment with nationals in areas covered by the
Treaty. However, prior to acquisition of
the right of
permanent residence, it is a matter for the host Member
State to decide whether it will extend social assistance
provision or sickness insurance coverage to persons not
engaged in gainful activity, or maintenance grants to
Union citizens coming to study on its territory.

(20) Articles 39(3), 46(1) and 55 of the Treaty allow limits to
be placed on the right of free movement on grounds of
public policy, public security and public health. Council
Directive 64/221/EEC (3) provided for the coordination of
special measures concerning the movement and residence
of
foreign nationals which are justified on grounds of
public policy, public security or public health.

(21) In view of the case-law of the Court of Justice of the
European Communities and the fundamental right of
freedom of movement, there is a need for a tighter defi-
the circumstances and procedural guarantees
nition of
subject
family
members may be denied leave to enter, or may be
expelled.

to which Union citizens

and their

(15) Certain advantages specific to Union citizens who are in
paid employment or who are self-employed should,
however, be maintained, as
these constitute acquired
rights, conferred by Regulation (EEC) No 1251/70 of the
Commission of 29 June 1970 on the right of workers to

(1) OJ L 142, 30.6.1970, p. 24.
(2) OJ L 14, 20.1.1975, p. 10.
(3) OJ 56, 4.4.1964, p. 850. Directive as last amended by Directive

75/35/EEC (OJ L 14, 20.1.1975, p. 14).

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(22) Expulsion of Union citizens and members of their families
on grounds of public policy or public security is a drastic
measure that can seriously harm persons who, having
availed themselves of the rights and freedoms conferred
on them by the Treaty, have become genuinely integrated
into the host Member State. The scope for such measures
should therefore be limited to take account of the degree
of integration of the person concerned and to prohibit
expulsion of Union citizens or members of their families
who have a permanent right of residence or of family
members who are minors.

(23) The administrative rules of procedure should also be
in order to ensure a high level of
specified in detail
protection of
the rights of Union citizens and their
family members in the event of their being refused leave
to enter or reside in another Member State, as well as to
uphold the principle that any action taken by the auth-
orities must be properly justified.

(b) the right of permanent residence in the Member States for

Union citizens and their family members;

(c)

the limits placed on these rights on grounds of public
policy, public security and public health.

Article 2

Definitions

For the purposes of this Directive:

1.

(cid:145)Union citizen(cid:146) means any person having the nationality of a
Member State;

2.

(cid:145)Family member(cid:146) means:

(a) the spouse;

redress procedures

judicial
to Union citizens

should be
(24) In all events,
their
available
families who have been refused leave to enter or reside
in another Member State, and on the same terms as those
available to nationals as regards both the conditions for
lodging an appeal and the conduct of the proceedings.

and members of

(25) In line with the case-law of the Court of Justice, the right
of Union citizens or members of their families who have
been expelled to submit a fresh application after a
reasonable period and no later
two years
should be confirmed.

than after

(26) Owing to the new conditions laid down by this Directive
for the exercise of the right of free movement, provisions
of existing legislation that are contrary to this Directive
should be deleted or amended, while allowing national
provisions that are more favourable to be applied.

(27) This Directive

respects

and
the
observes the principles recognised in particular by the
Charter of Fundamental Rights of the European Union
as general principles of Community law,

fundamental

rights

HAVE ADOPTED THIS DIRECTIVE:

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject

This Directive lays down:

(a) the conditions governing the exercise of the right to move
and reside freely within the Member States by Union
citizens and their family members;

(b) the unmarried partner,

the host
Member State treats unmarried couples as equivalent
to married couples
and in accordance with the
conditions laid down in any such legislation;

the legislation of

if

(c)

the direct descendants and those of
unmarried partner as defined in point (b);

the spouse or

(d) the direct relatives in the ascending line and those of the
spouse or unmarried partner as defined in point (b);

3.

(cid:145)Host Member State(cid:146) means the Member State to which a
Union citizen goes in order to exercise his right of free
movement and residence.

Article 3

Persons entitled

1.
This Directive shall apply to all Union citizens who move
to and reside in a Member State of the Union other than that
of which they are a national and to their family members as
defined in point 2 of Article 2 who accompany or join them.

2. Member States shall facilitate entry and residence for any
other family members not within the definition in point 2 of
Article 2 who, in the country from which they have come, are
dependants or members of the household of the Union citizen
having the primary right of residence, notwithstanding any
right to free movement and residence the persons concerned
may have in their own right.

Article 4

Non-discrimination clause

to the provisions of

this
Member States shall give effect
Directive without discrimination on grounds of sex, race,
colour,
characteristics,
language,
religion or beliefs, political or other opinion,
membership of an ethnic minority, property, birth, disability,
age or sexual orientation.

social origin,

ethnic or

genetic

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CHAPTER II

RIGHT TO MOVE AND TO RESIDE FOR UP TO SIX MONTHS

Article 5

Right of exit

All Union citizens shall have the right

to leave their
to another Member State with a valid

1.
territory to travel
identity card or passport.

For family members who are not nationals of a Member State,
this right shall be the same as for the Union citizen whom they
accompany or join.

No exit visa or equivalent formality may be imposed on

2.
the persons to whom paragraph 1 applies.

3. Member States shall
renew, an identity card or passport stating their nationality.

issue to their own nationals, and

4.
The passport shall be valid at least for all Member States
and for countries through which the holder must pass when
travelling between Member States. Where the legislation of a
Member State does not provide for identity cards to be issued,
the period of validity of any passport on being issued or
renewed shall be not less than five years.

Article 6

Right of entry and residence for up to six months

1. Member States shall grant Union citizens and their family
members,
their
territory with a valid identity card or passport.

irrespective of nationality,

leave to enter

No entry visa or equivalent formality may be imposed on
Union citizens.

2.
Family members who are not nationals of a Member State
or who hold a residence card issued by a Member State may
only be required to have a short-stay visa in accordance with
Council Regulation (EC) No 539/2001. A current residence
document issued by a Member State shall be equivalent to a
visa.

4. Where a Union citizen or family member does not have
the necessary travel documents or, if required, the necessary
visas, the Member State concerned shall, before turning them
back, give such persons every opportunity to obtain the
necessary documents or have them brought to them or to
corroborate or prove by other means that they are covered
by the right to freedom of movement.

The right of Union citizens to enter the territory of a
5.
Member State shall
to reside there for a
include the right
period of no more than six months with a valid identity card
or passport. The Member State may only require the person
concerned to report their presence on its territory within a
time limit, which may not be less than fifteen days. Failure
to comply with this requirement may make the person liable
to penalties, which shall be proportionate and non-discrimi-
natory.

6.
The provisions of paragraph 5 shall also apply to family
members who are third-country nationals accompanying or
if such family members
joining the Union citizen. However,
are required to have a visa, they must apply for a residence
card in accordance with Article 9 before their visa expires.

CHAPTER III

RIGHT OF RESIDENCE FOR MORE THAN SIX MONTHS

Article 7

Conditions governing right of residence

1.
All Union citizens shall have the right to reside on the
territory of another Member State for a period of longer than
six months if they:

(a) are engaged in gainful activity in an employed or self-

employed capacity; or

(b) have sufficient resources for themselves and for their family
to avoid becoming a burden on the social
members
assistance system of the host Member State during their
stay and that
they have sickness insurance covering all
risks in the host Member State; or

(c) are students admitted to a course of vocational training; or

Member States shall accord such persons every facility to
obtain the necessary visas; such visas shall be free of charge.

(d) are a family member of a Union citizen who satisfies

conditions (a), (b) or (c).

The host Member State shall not place an entry or exit
3.
stamp in the passport of
family members who are not
nationals of a Member State provided they are in possession
of a residence card.

2.
The right of residence shall extend to family members
who are not nationals of a Member State, where they
accompany or join the Union citizen in the host Member
State, provided that such Union citizen satisfies the conditions
referred to in paragraph 1(a) or (b) or (c).

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Article 8

Administrative formalities for Union citizens

1.
For stays of longer than six months, the host Member
State may require Union citizens to register with the relevant
authorities.

(e)

in cases falling under Article 3(2), a document issued by
the relevant authority in the country of origin or country
from which they are arriving, certifying that
they are
dependants of the Union citizen or members of his/her
household.

The deadline for registration may not be less than six
2.
months from the date of arrival. The right of residence shall
be evidenced by a certificate of registration, issued on the spot,
stating the name and address of the person registering and the
date of the registration. Failure to comply with the registration
requirement may make the person liable to proportionate and
non-discriminatory penalties.

3.
For the certificate of registration to be issued, Member
States may require only that Union citizens to whom Article
7(1)(a) or (b) applies present a valid identity card or passport
and assure the relevant authority, by means of a declaration or
by such alternative means as they may choose, that they satisfy
the conditions laid down therein.

7.
The certificate of registration may not be refused to a
worker who is no longer engaged in an employed or self-
employed activity, in the following circumstances:

(a) he/she is temporarily unable to work as the result of an

illness or accident;

(b) he/she is in duly recorded involuntary unemployment and
has registered as a jobseeker with the relevant employment
office;

For the certificate of registration to be issued, Member
4.
States may require only that Union citizens to whom Article
7(1)(c) applies present a valid identity card or passport and
evidence of enrolment at an accredited establishment
to
follow a course of vocational training and assure the relevant
authority, by means of a declaration or by such alternative
means
sufficient
resources for themselves and for their family members to
avoid becoming a burden on the social assistance system of
the host Member State during their stay and that they have
sickness insurance covering all risks in the host Member State.

they may choose,

they have

that

as

5. Member States may not lay down an amount which they
regard as sufficient resources.

For the certificate of registration to be issued to family
6.
members of Union citizens, Member States may require the
following documents to be presented:

(a) a valid identity card or passport;

(b) a document proving the family relationship;

(c) where relevant,

the registration certificate of

the Union

citizen whom they accompany or join;

registered

(c) he/she is in involuntary unemployment after completing a
less than a year and
fixed-term employment contract of
relevant
as
have
employment office.
retain
worker status for a period which may not be less than
six months; where the person concerned has acquired
entitlement to unemployment benefits, worker status shall
be retained for as long as such entitlement runs;

jobseeker with the
In such cases, he/she shall

a

(d) he/she embarks on vocational training. Unless the person
concerned is involuntarily unemployed, retaining worker
status shall require the training to be related to their
previous occupation.

Article 9

Administrative formalities for family members who are
not nationals of a Member State

1. Member States shall
issue a residence card to family
members of a Union citizen who are not nationals of a
Member State, where the planned stay is for more than six
months.

The deadline for submitting the residence card application
2.
may not be less than six months from the date of arrival.
However, family members required to have a visa must apply
before their visa expires.

(d) in cases

falling under Article 2(2)(b), proof

that

the

conditions laid down therein are met;

3.
Failure to comply with the requirement to apply for a
residence card may make the person liable to proportionate
and non-discriminatory penalties.

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Article 10

Issuing of residence cards

constituted in the host Member State, of an applicant satisfying
these conditions.

1.
The right of residence of family members of a Union
citizen who are not nationals of a Member State shall be
evidenced by the issue of a document bearing the words
(cid:145)residence card of a family member of an EU citizen(cid:146) no later
than three months from the date on which they submit the
application. A certificate of proof of application shall be issued
on the spot. This document shall also record that the person
concerned is a family member of a Union citizen.

Those resources shall be deemed sufficient where they are at,
or above, the threshold below which the host Member State
may grant social assistance to its nationals. Where this criterion
is not applicable, the applicant’s resources shall be deemed
sufficient where they are no less than the amount of
the
minimum social security pension paid by the host Member
State.

For the residence card to be issued, Member States shall
2.
require presentation of the same documents as those referred
to in Article 8(6).

Article 11

Validity of the residence card

The residence card provided for by Article 10(1) shall be

1.
valid for at least five years from the date of issue.

2.
The validity of the residence card shall not be affected by
breaks in residence not exceeding six months at a time or by
absences of a longer duration for important reasons such as
compulsory military service, serious illness, pregnancy and
childbirth, study or vocational training, or a work assignment
in another Member State or third country.

Article 12

Retention of the right of residence by family members in
the event of death

1. Without prejudice to the second subparagraph, the Union
citizen’s death or departure from the host Member State shall
not affect the right of residence of the family members of a
Union citizen who are nationals of a Member State.

Before acquiring the right of permanent residence, the persons
concerned must themselves meet the requirements laid down
in Article 7(1)(a), (b), (c) or (d).

2. Without prejudice to the second subparagraph, the Union
citizen’s death or departure from the host Member State shall
not entail loss of the right of residence of the family members
of a Union citizen who are not nationals of a Member State.

3.
The Union citizen’s departure from the host Member
the right of residence of
State shall not entail the loss of
his/her children who are not nationals of a Member State if
they reside in the host Member State and are enrolled at an
educational establishment, at a secondary or post-secondary
level, for the purpose of studying there, until the completion
of their studies.

Article 13

Retention of the right of residence of family members in
the event of divorce or annulment of marriage

1. Without prejudice to the second subparagraph, divorce or
annulment of marriage shall not affect the right of residence of
an EU citizen’s family members who are nationals of a Member
State.

Before acquiring the right of permanent residence, the persons
concerned must meet the conditions provided for in Article
7(1)(a), (b), (c) or (d).

2. Without prejudice to the second subparagraph, divorce or
annulment of marriage shall not entail the loss of the right of
residence of an EU citizen’s family members who are not
nationals of a Member State where:

(a) prior

to the initiation of

the divorce or annulment
proceedings, the marriage has lasted at least five years,
including one year in the host Member State; or

(b) by agreement between the spouses or by court order, the
spouse, not being an EU national, has custody of the EU
citizen’s children; or

(c)

this is warranted by particularly difficult circumstances.

Before acquiring the right of permanent residence, the family
members’ right of residence shall, nonetheless, be subject to the
condition that they engage in gainful activity in an employed
or self-employed capacity or that they have sufficient resources
themselves and their family members to avoid
to support
becoming a burden on the social assistance system of
the
host Member State for the duration of their stay and that
they have sickness insurance covering all risks in the host
the family, already
Member State, or be a member of

Before acquiring the right of permanent residence, the right of
residence of the non-EU national shall, nonetheless, be subject
to the condition that they engage in gainful activity in an
employed or self-employed capacity or that they have sufficient
resources to support themselves and their family members to
avoid becoming a burden on the social assistance system of the
host Member State for the duration of their stay and covering
all risks in the host Member State, or be a member of the
family, already constituted in the host Member State, of an
applicant satisfying these conditions.

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(cid:145)sufficient

second
The
subparagraph shall be as defined in the third subparagraph
of Article 12(2).

resources(cid:146)

referred

the

to

in

CHAPTER IV

RIGHT OF PERMANENT RESIDENCE

S e c t i o n I

Eligibility

Article 14

General rule for EU citizens and their family members

1.
A Union citizen who has resided legally and continuously
for four years in the host Member State shall have the right of
permanent residence there. Thereafter the right shall not be
subject to the conditions provided for in Chapter III.

Paragraph 1 shall apply also to family members who are
2.
not nationals of a Member State and who have resided with the
Union citizen in the host Member State for four years.

3.
Once acquired, the right of permanent residence shall be
lost only through absence from the host Member State for a
period exceeding four consecutive years.

Article 15

Exemptions for persons no longer working in the host
Member State and their family members

By way of derogation from Article 14,

1.
permanent residence on the territory of
State shall be enjoyed before completion of
continuous residence, by:

the right of
the host Member
four years of

(a) employed or self-employed workers who, at the time of
their activity, have reached the age laid
termination of
down by the law of that Member State for entitlement to
an old-age pension or who cease paid employment to take
early retirement, provided they have been working in that
State for at least the preceding twelve months and have
resided there continuously for at least three years.

If the legislation of the Member State does not accord the
right to an old-age pension to certain categories of self-
employed persons, the age condition shall be deemed to
have been met, where the person has reached the age of
60;

If such incapacity is the result of an accident at work or an
occupational disease entitling the person to a pension for
which an institution in that Member State is entirely or
partially responsible, no condition shall be imposed as to
length of residence;

(c) employed or self-employed workers who, after three years
of continuous employment and residence in the Member
State, work in an employed or self-employed capacity in
another Member State, while retaining their place of
residence in the first Member State, to which they return,
as a rule, each day or at least once a week.

the other Member State shall,

Periods of employment completed in this way in the territory
of
the purposes of
entitlement to the rights referred to in subparagraphs (a) and
(b), be considered as having been completed in the territory of
the Member State of residence.

for

Periods of involuntary unemployment duly recorded by the
relevant employment office, periods not worked for reasons
not of the person’s own making and absences from work or
cessation of work due to illness or accident shall be regarded as
periods of employment.

2.
The conditions as to length of residence and employment
laid down in paragraph 1(a) and the condition as to length of
residence laid down in paragraph 1(b) shall not apply if the
worker’s spouse is a national of the Member State concerned or
has lost
that State by marriage to that
worker.

the nationality of

3.
The family members of an employed or self-employed
worker who has acquired the right of permanent residence
their
on the basis of paragraph 1 shall,
nationality, have the right of permanent residence in the host
Member State.

irrespective of

The family members of employed or

self-employed
4.
workers who die during their working life but before
acquiring permanent
status on the basis of
paragraph 1 in the host Member State in question shall have
the right of permanent residence there, on condition that:

residence

(a) the employed or self-employed worker had, at the time of
his/her decease, resided continuously within the territory of
that Member State for one year; or

(b) the death resulted from an accident at work or an occupa-

tional disease; or

(b) employed or

self-employed workers who have resided
continuously within the territory of the Member State for
more than two years and who cease to work there as a
result of permanent incapacity to work.

(c)

the surviving spouse lost
following marriage to the worker.

the nationality of

that State

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Article 16

CHAPTER V

Acquisition of the right of permanent residence by certain
family members who are not nationals of a Member State

PROVISIONS COMMON TO THE RIGHT OF RESIDENCE AND
THE RIGHT OF PERMANENT RESIDENCE

the family members of a
Without prejudice to Article 15,
Union citizen to whom Articles 12(2) and 13(2) apply and
who satisfy the conditions laid down by those provisions
shall acquire the right of permanent
four
years of continuous residence calculated from their arrival in
the host Member State.

residence after

Article 19

Territorial scope

The right of residence and the right of permanent residence
shall cover the whole territory of the Member State. Member
States may impose territorial
restrictions on the right of
residence and right of permanent residence only where the
same restrictions apply to their own nationals.

S e c t i o n I I

Administrative formalities

Article 17

Permanent residence card

Article 20

Related rights

1. Member States shall issue persons entitled to permanent
residence with a permanent residence card within three months
of the submission of the application. The permanent residence
card shall be valid indefinitely.
It shall be renewable auto-
matically every ten years.

Irrespective of nationality, family members of an EU citizen
who have the right of residence or the right of permanent
residence in a Member State shall be entitled to engage in
gainful activity there, in either an employed or a self-employed
capacity.

2.
The time limit within which the person entitled must
apply for the permanent residence card may not be shorter
than two years running from the date on which they became
entitled. However, family members who are not EU nationals
must submit the application before their existing residence card
expires.

Article 21

Equal treatment

All EU citizens residing on the territory of

the host
1.
Member State shall enjoy equal treatment with the nationals
of that country within the scope of the Treaty.

Failure to comply with the duty to apply for a residence card
shall render the person concerned liable to proportionate and
non-discriminatory penalties.

The benefit of this right shall be extended to family members
who are not nationals of a Member State who enjoy the right
of residence or permanent residence.

Breaks in residence not exceeding four years shall not

3.
affect the validity of the permanent residence card.

Article 18

Continuity of residence

1.
Continuity of residence may be attested by any means of
proof in use in the Member State of residence. It shall not be
affected by temporary absences not exceeding a total of six
months per year or by longer absences for important reasons
such as compulsory military service, serious illness, pregnancy
and childbirth,
training, or a work
study or vocational
assignment in another Member State or third country.

Continuity of

2.
decision duly taken against
where enforcement of the decision is deferred.

residence is broken by any expulsion
the person concerned, except

2.
By way of derogation from paragraph 1, until they have
acquired the right of permanent residence, the host Member
State shall not be obliged to confer entitlement
to social
assistance on persons other than those engaged in gainful
activity in an employed or self-employed capacity or
the
members of their families, nor shall
it be obliged to award
maintenance grants to persons having the right of residence
who have come to the country to study.

Article 22

General provisions concerning residence documents

Possession of a registration certificate, of a certificate
1.
attesting submission of an application for a residence card, of
a family member residence card or of a permanent residence
card may under no circumstances be made a precondition for
the pursuit of a gainful activity or for the granting of a service
or benefit or for any other administrative formality.

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All documents mentioned in paragraph 1 shall be issued
2.
free of charge or for a charge not exceeding that imposed on
nationals for the issuing of similar documents.

Personal conduct shall not be considered a sufficiently serious
threat unless
serious
enforcement measures against the same conduct on the part
of its own nationals.

the Member State concerned takes

Article 23

Checks by the authorities

Member States may carry out checks on compliance with any
obligation laid down in their national
legislation requiring
non-nationals always to carry their registration certificate or
residence card, provided that the same requirement applies to
the country’s own nationals as regards their identity cards.

For failure to comply with this requirement, Member States
may impose the same penalties as those they impose on
their own nationals for failure to carry their identity card.

Article 24

Procedural safeguards

3.
Expiry of the identity card or passport on the basis of
which the person concerned entered the host Member State
and was issued with a registration certificate or residence
card shall not constitute a ground for expulsion from the
territory.

registration certificate or

4. When issuing the
initial
residence card, the host country may, in cases where this is
considered essential, request the Member State of origin of the
applicant and,
if need be, other Member States to provide
information concerning any previous police record the EU
citizen or family member may have. Such enquiries shall not
be made as a matter of routine. The Member State consulted
shall give its reply within two months.

1. Without prejudice to Chapter VI, the procedures provided
for by Articles 28 and 29 shall apply by analogy to all
expulsion decisions taken by the host Member State against
Union citizens and their family members on grounds other
than public policy, public security or public health.

5.
The Member State which issued the identity card or
passport shall allow the holder of the document to re-enter
its territory without any formality even if the document is
no longer valid or the nationality of the holder is in dispute.

The host Member State may not impose a ban on entry
2.
in the context of an expulsion decision to which paragraph 1
applies.

Article 26

Protection against expulsion

CHAPTER VI

RESTRICTIONS ON THE RIGHT OF ENTRY AND RIGHT OF
RESIDENCE ON GROUNDS OF PUBLIC POLICY, PUBLIC
SECURITY OR PUBLIC HEALTH

Article 25

General principles

This Chapter shall apply to decisions whereby Union
1.
citizens and their family members, irrespective of nationality,
are refused entry or expelled on grounds of public policy,
public security or public health. These grounds shall not be
invoked to serve economic ends.

2. Measures taken on grounds of public policy or public
security shall be based exclusively on the personal conduct of
the individual concerned. Previous criminal convictions shall
not in themselves constitute grounds for the taking of such
measures.

The personal conduct of
the individual concerned must
represent a present and sufficiently serious threat, affecting
one of the fundamental interests of society. Justifications that
are removed from the particulars of the case or that rely on
considerations of general prevention shall not be accepted.

1.
Before taking an expulsion decision on grounds of public
policy or public security, the host Member State shall take
account of considerations such as how long the individual
concerned has resided on its territory, his/her age, state of
health, family and economic situation, social and cultural inte-
gration into the host country and the extent of his/her links
with the country of origin.

2.
A host Member State may not take an expulsion decision
on grounds of public policy or public security against EU
citizens or their family members,
irrespective of nationality,
who have the right of permanent residence on its territory
or against family members who are minors.

Article 27

Public health

The only diseases or disabilities justifying refusal of leave
1.
to enter or leave to reside on the territory of a Member State
shall be the diseases subject to quarantine listed in International
Health Regulation No 2 of the World Health Organisation of
25 May 1951 and other infectious diseases or contagious
parasitic diseases if they are the subject of protection provisions
applying to nationals of the host country. Member States shall
not introduce new provisions or practices which are more
restrictive than those in force at the date of notification of
this Directive.

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Disease or disabilities occurring after registration with the
2.
authorities in the place of residence or after a first residence
card has been issued shall not be grounds for refusal to issue
the permanent residence card or for expulsion.

3. Where there are serious indications that it is necessary,
Member States may require persons entitled to the right of
residence to undergo, free of charge, a medical examination
to certify that they are not suffering from any of the conditions
referred to in paragraph 1. Such medical examinations may not
be required as a matter of routine.

Article 28

Notification of decisions

1.
The persons concerned shall be notified of any decision
to refuse them leave to enter or to expel them, in such a way
that they are able to comprehend the content of the decision
and what it entails for them.

2.
The persons concerned shall be informed, precisely and
in full, of the public policy, public security, or public health
grounds on which the decision taken in their case is based,
unless this is contrary to the security interests of the State
involved.

3.
The notification shall specify the court with which the
person concerned may lodge an appeal, the time limit within
which any action must be taken and the time allowed for the
person to leave the country’s territory. Save in duly substan-
tiated cases of urgency, the time allowed shall be not less than
fifteen days if the person concerned has not yet registered with
the authorities in the place of residence or been granted a
residence card, and not less than one month in other cases.

Article 29

Procedural safeguards

1.
The persons concerned shall have access to administrative
and judicial redress procedures in the host Member State to
appeal against any decision taken against them on the grounds
of public order, public safety or public health, or refusing them
leave to enter, ordering their expulsion or refusing to issue
them with the registration certificate,
residence card or
permanent residence card.

2. Where there is provision for administrative appeal, the
decision shall not, save in cases of urgency, be taken by the
administrative authority until the matter has been referred to a
competent authority in the host country other
than the
authority qualified to take the decisions listed in paragraph 1,
before which the person concerned shall be allowed to put
their case in person, unless this is contrary to considerations

of State security, or to be assisted or represented in the
proceedings in the manner provided for in national legislation.

3. Where judicial redress procedures do not have suspensory
effect, the court dealing with the case shall have the option of
issuing an interim order
the
contested decision, pending the final ruling.

suspending enforcement of

4.
The court dealing with the case shall review not only the
legality of the decision, but also the facts and circumstances on
which the proposed measure is based. The court shall also
the decision is not disproportionate as to the
check that
requirements laid down in Article 26.

5. Member States may exclude the individual concerned
they may not
from their
prevent the individual from appearing in person at the trial.

territory pending the trial, but

Article 30

Duration of exclusion orders

1. Member States may not issue orders excluding persons
covered by this Directive from their territory for life.

2.
After a reasonable period, depending on the circum-
stances, and in any event once two years have elapsed since
the decision ordering their expulsion was validly adopted in
accordance with Community law, persons expelled on grounds
of public policy, public security or public health, may submit a
new application for
leave to enter by putting forward
arguments to establish that there has been a material change
in the circumstances which justified the first decision ordering
their expulsion.

The Member State concerned shall reach a decision on the new
application within three months of its submission.

The persons referred to in paragraph 2 shall have no
the Member State
territory of

3.
right of
concerned while their new application is being considered.

to the

access

Article 31

Expulsion as a penalty or legal consequence

1.
Expulsion orders may not be issued by the host Member
State as a penalty or legal consequence of a custodial penalty,
unless they conform to the requirements of Articles 25, 26, 27
and 30(1).

Before enforcing an expulsion order, the Member State
2.
shall check that
the individual concerned is currently and
genuinely a threat to public policy and public security and
shall assess whether there has been any change in the circum-
stances since the expulsion decision was taken.

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CHAPTER VII

FINAL PROVISIONS

Article 32

Publicity

Member States shall disseminate information concerning the
rights and obligations of Union citizens and members of
their families, on the subjects covered in this Directive.

Article 33

Penalties

Member States shall
lay down the penalties applicable to
breaches of national rules adopted for the implementation of
this Directive and shall take the measures required for their
application. The penalties
effective,
proportionate and dissuasive and comparable to those that
Member States apply to their own nationals
for minor
offences. Member States shall notify the Commission of these
provisions not later than the date specified in Article 37 and as
promptly as possible in the case of any subsequent changes.

laid down shall be

Article 34

More favourable national provisions

The provisions of this Directive shall not affect any laws, regu-
lations or administrative provisions laid down by a Member
State which would be more favourable to the persons
covered by this Directive.

Article 35

Repeals

Articles 10 and 11 of Regulation (EEC) No 1612/68 are

1.
deleted with effect from 1 July 2003.

Directives

2.
72/194/EEC,
73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC
and 93/96/EEC are repealed with effect from 1 July 2003.

68/360/EEC,

64/221/EEC,

Article 36

Reports

No later than 1 July 2006, the Commission shall submit a
report on the application of this Directive to the European
together with any necessary
Parliament and the Council,
recommendations. The Member States
the
Commission with the information needed to produce the
report.

shall provide

Article 37

Transposal

1. Member States shall adopt and publish the provisions
necessary to comply with this Directive by 1 July 2003 at
the latest. They shall promptly inform the Commission thereof.

They shall apply such provisions from 1 July 2003.

When Member States adopt those provisions, they shall contain
a reference to this Directive or be accompanied by such a
reference on the occasion of
their official publication.
Member States shall determine how such reference is to be
made.

2. Member States shall communicate to the Commission the
text of the provisions of domestic law which they adopt in the
field governed by this Directive.

Article 38

Entry into force

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

Article 39

Addressees

This Directive is addressed to the Member States.