Amended proposal for a Directive of the European Parliament and of the Council on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (presented by the Commission pursuant to Article 250 (2) of the EC-Treaty)
Date: 2003-04-15
Institutions: European Commission
Subjects: European citizenship, administrative formalities, free movement of persons, proposal (EU)

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 15.4.2003
COM(2003) 199 final

2001/0111 (COD)

Amended proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the right of citizens of the Union and their family members to move and reside freely
within the territory of the Member States

(presented by the Commission pursuant to Article 250 (2)
of the EC-Treaty)

1. 

1.

EXPLANATORY MEMORANDUM

INTRODUCTION

On 23 May 2001 the Commission adopted a proposal for a European Parliament and
Council Directive on the right of citizens of the Union and their family members to
move 
the  Member States
(COM(2001) 257 final).

freely  within 

territory  of 

reside 

and 

the 

This  proposal  was  designed  to  replace  and  supplement  the  various  legislative
instruments in force on freedom of movement for Union citizens. It was drawn up in
the context of the new legal and political environment resulting from the introduction
of the concept of Union citizenship and set out detailed arrangements for the exercise
of the basic right to free movement and residence, a right which is conferred directly
by the Treaty on every Union citizen and which has been incorporated as such in the
Charter of Fundamental Rights of the Union.

In this respect the proposal represented a significant step forward in defining the key
importance of Union citizenship as demonstrated by the basic concept underlying the
proposal whereby Union citizens should, mutatis mutandis, be able to move between
and  reside  in  Member States  in  similar  conditions  to  nationals  of  a  Member State
moving around or changing their place of residence in their own country.

The  main  purpose  of  the  proposal  was  to  facilitate  the  exercise  of  the  right  to  free
movement  and  residence  by  reducing  administrative  formalities  to  an  absolute
minimum,  by  providing  as  clear  a  definition  as  possible  of  the  status  of  family
members,  by  creating  a  permanent  right  of  residence  acquired  after  a  continuous
period  of  four  years  of  legal  residence  in  a  Member State  and  by  restricting  the
possibility for Member States to refuse or terminate right of residence on the grounds
of public policy.

2.

The proposal was sent to Parliament, the Council, the European Economic and Social
Committee and the Committee of the Regions on 29 June 2001.  The Committee of
the  Regions  gave  its  opinion  on  13  March  20021  and  the  European  Economic  and
Social Committee on 24 April 2002.2

Parliament referred the proposal to its Committee on Citizens' Freedoms and Rights,
Justice and Home Affairs for examination. The Committee on Legal Affairs and the
Internal Market, the Committee on Culture, the Commission on Women's Rights and
Equal Opportunities, and the Committee on Petitions were also consulted.

After examining the opinions of the other Committees consulted, the Committee on
Citizens'  Freedoms  and  Rights,  Justice  and  Home  Affairs  adopted  its  report  on
23 January 2003.

1

2

OJ C 192, 12.8.2002, p.17.
OJ C 149, 21.6.2002, p. 46.

2

                                                
At  its  sitting  on  11 February 2003  Parliament  adopted  a  legislative  resolution
endorsing the Commission proposal subject to a number of amendments and called
on the Commission to amend its proposal accordingly pursuant to Article 250(2) of
the EC Treaty.

2. 

LEGAL BASIS AND PROCEDURE

3. 

1.

This amended proposal for a Directive is based on Articles 12, 18(2), 40, 44 and 52
of the EC Treaty. Entry into force of the Treaty of Nice on 1 February 2003 does not
require a change in the legal basis.

But the procedure for adopting the proposal has now changed and the Council must
act by qualified majority in accordance with the new wording of Article 18(2).

AMENDED PROPOSAL

Parliament  endorses  the  general  approach  and  the  main  principles  underlying  the
Commission proposal, notably in respect of the major items, such as abolition of the
residence  card  and  its  replacement  by  optional  registration,  introduction  of  a
statement  instead  of  a  requirement  to  prove  compliance  with  the  conditions  for
residence,  establishment  of  the  right  of  unconditional  permanent  residence  and
absolute protection against expulsion for minors and persons having acquired a right
of permanent residence.

It adopted 82 amendments. The Commission is able to accept all or part of most of
these  amendments  as  they  comply  fully  with  its  approach  and  constitute  valuable
additions, expanding on and clarifying the Commission text.

However, it is not possible to incorporate some of the amendments in the amended
proposal.

These  include  firstly  the  amendments  to  Article  2  on  the  definition  of  family
members, in particular the concept of spouse and partner. Parliament's amendments
would recognise as family members the spouse of the same sex in the same way as
the spouse of a different sex, the registered partner in accordance with the legislation
of  the  Member State  of  origin,  and  non-married  partners  in  accordance  with  the
legislation or practice of the host or home Member State.

On this point the Commission feels that harmonisation of the conditions of residence
for Union citizens in Member States of which they are not nationals must not result
in the imposition on certain Member States of amendments to family law legislation,
an area which does not fall within the Community's legislative jurisdiction.

The Commission feels that the amended proposal represents an equitable solution to
these issues: firstly, it complies with the principle of non-discrimination in as much
as it requires Member States to treat couples from other Member States in the same
way  as  its  own  nationals;  and,  secondly,  it  allows  for  a  possible  change  in
interpretation in the light of developments in family law in the Member States.

2.

The second category of amendment which cannot be accepted comprises those which
are designed to alter substantially the structure of the Directive or which undermine the
approach proposed by the Commission, which Parliament has nonetheless endorsed.

3

3.

3.1. 

And  finally,  the  Commission  has  not  incorporated  the  amendments  the  content  of
which was not coherent with the text of the proposal.

Amendments  accepted  in  whole  or  in  part  or  introduced  in  the  interests  of
consistency

The  amendments  to  the  initial  proposal  for  a  Directive  appear  in  bold.  To  make
comparison  with  the  original  text  easier,  the  original  numbering  of  articles  and
recitals has been retained.

3.1.1.  Recitals

Recital  4  (amendment  2):  the  recital  has  been  amended  to  reflect  the  fact  that  the
mobility  of  employed  and  self-employed  workers  is  also  one  of  the  Union's  policy
priorities.

Recital 5 (amendment 3): the amendment to this recital is slightly different from the
text  proposed  by  Parliament;  this  is  to  make  it  clear  that  the  sector-by-sector
approach to the right of free movement needs to be remedied, by presenting a single
legislative  text  replacing  the  existing  legislative  instruments,  and  at  the  same  time
re-examining their provisions.

Recital  7  (amendment  5):  this  amendment  is  designed  to  make  it  clear  that  the
provisions  of  the  Directive  on  entry  and  residence  formalities  do  not  affect  the
existing provisions  on border controls. This is important in view  of  the  fact  that  in
this  area  procedures  applicable  to  border  controls  can  vary  depending  on  the
legislation applicable.

Recital  7a  (amendment  6):  the  text  of  the  recital  has  been  clarified  and  is  now
consistent with the new text of Article 6(2).

Recital  8  (amendment  7):  the  amendment  makes  it  quite  clear  that  stays  not
exceeding six months are not subject to any conditions.

Recital 9 (amendment 8): the amendment is designed to make it clear that vocational
training is included in the general concept of study. A reference to sickness insurance
has been added to the recital to make it consistent with the amendment to point (c) of
Article 7(1).

Recital 10 (amendment 9): the change here makes it clear that the right to freedom of
movement for Union citizens stems directly from the Treaty.

Recital 17 (amendment 10): the amendment makes it clear that there must be equal
treatment  in  the  areas  covered  by  the  Treaty;  this  is  in  line  with  the  wording  of
Article 12 of the Treaty.

Recital 19 (amendment 11): this amendment, which was not proposed by Parliament,
is nonetheless necessary to ensure consistency between the recital and the new text of
Article 21(2).

Recital 22 (amendment 12): this amendment makes the text more explicit by listing a
number  of  points  to  be  taken  into  account  before  the  removal  decision.  The

4

Commission has amended Parliament's text slightly, though remaining faithful to the
underlying idea, to make the recital consistent with Article 26.

Recital  27  (amendment  13):  this  amendment  adds  a  reference  to  the  fundamental
freedoms.

3.1.2.  The articles

Article  3(2)  (amendment  20):  this  amendment  is  designed  to  facilitate  entry  and
residence for family members not covered by Article 2 where there are serious health
or humanitarian grounds for doing so. In the Commission's view this is justifiable for
family members who, for compelling reasons, need to be near the Union citizen.

Article 4 (amendment 21): this amendment makes the prohibition on discrimination
more specific by adding gender identity to the definition.

Article  6(2)  (amendment  24):  the  first  amendment,  which  adds  a  reference  to
national  legislation,  is  relevant  because  it  covers  the  situation  of  Member States
which do not apply Regulation No 539/2001. The second amendment is designed to
make  the  text  more  accurate  from  a  legal  point  of  view;  its  purpose  is  to  exempt
family  members  who  are  not  nationals  of  a  Member State  and  are  already  in
possession  of  a  residence  permit  from  the  requirement  to  obtain  a  visa,  not  to
acknowledge equivalence between residence permit and entry visa. The amendment
to  the  second  subparagraph  spells  out  the  deadline  for  issuing  the  visa:  Parliament
proposed  one  week  which,  in  the  Commission's  view,  corresponds  to  five  working
days. This should be more than long enough for the Member States as the applicants
are family members of a Union citizen for whom the issuing of a visa does not need
to be preceded by prior consultations.

Article  6(4)  (amendment  25):  the  amendment  makes  it  clear  that  the  time  within
which  the  person  concerned  must  provide  the  relevant  documents  has  to  be
reasonable;  the  period  allowed  is  not  specified  but  must  be  geared  to  individual
circumstances.

Article  6(5)  (amendment  8):  the  aim  here  is  to  make  it  clear  that  a  period  of
residence of up to six months is not subject to any condition or formality other than
possession of identity papers. This amendment was not proposed by Parliament but it
is necessary to bring the Article into line with recital (9).

Article 7(1), point (a) (amendment 27): the amended text includes a direct reference
to  recipients  of  services,  thereby  avoiding  confusion  and  a  gap  in  the  Directive,  as
the  original  text  did  not  make  it  clear  which  provision  covered  this  category  of
person.

Article 7(1), point (c) (amendment 28): the new wording is clearer and in line with
the text of Directive 93/96 on the right of residence for students; it avoids the concept
of  student,  which  can  be  restrictive,  and  introduces  enrolment  at  an  accredited
establishment  and  sickness  insurance  cover  as  requirements  for  residence  for
students.  This  amendment  is  also  in  line  with  the  request  from  the  European
Economic and Social Committee.

5

Article 7(2a) (amendment 30): this does not involve any amendment to the text but
simply a relocation of Article 8(7); it is in fact a provision on worker status and not
an administrative formality and it is therefore preferable to include it in Article 7.

Article  8(1)  (amendment  32):  the  Commission  has  not  taken  over  the  first  part  of
Parliament's proposed amendment as  it does  not think  it is possible  to compare  the
administrative formalities provided for by a Member State for its own nationals with
those  for  nationals  from  other  Member States;  it  therefore  prefers  to  give
Member States the option to require citizens to register even if this requirement does
not  apply  to  its  own  nationals.  But  the  Commission  does  think  that  Union  citizens
should  be able to  apply to  register if they so wish, even in States where this is not
compulsory.

Article  8(2)  (amendment  33):  the  change  here  makes  it  clear  that  the  certificate  of
registration  does  not  establish  right  of  residence  but  is  simply  an  administrative
formality; this is in line with Court of Justice case-law. It is also made clear that the
penalties  are  administrative  (this  precision  has  been  added  to  all  the  articles  on
penalties).

Article  8(4)  (amendment  34):  this  amendment  is  designed  to  make  it  clear  that
vocational training is included in the more general concept of study.

Article 8(6), point (b) (amendment 35): as the people concerned are family members
who  are  themselves  citizens  of  the  Union,  replacing  the  document  by  a  simple
statement  attesting  to  the  existence  of  a  family  relationship  is  in  line  with  the
philosophy underlying the proposal and the wording of the preceding paragraphs.

Article  8(6),  point (e)  (amendment  20):  this  amendment  was  not  requested  by
Parliament but is a logical consequence of the new wording of Article 3.

Article 9(2a) (amendment 38): this amendment reflects the points made by the Court
of  Justice  in  its  ruling  of  25 July 2002  in  (Case C-459/99)  MRAX.  Parliament  had
asked  that  family  members  should  not  be  refused  a  residence  card  solely  on  the
grounds that their visa had expired but the Commission has added the absence of a
visa,  thereby  bringing  the  amendment  completely  into  line  with  the  above  court
ruling.

Article  10(1)  (amendment  39):  the  deadline  of  six  months  seems  more  realistic  if
Member States  are  to  be  able  to  carry  out  the  necessary  checks  and  issue  the
residence card. The qualification in the certificate of proof that the application for the
residence card has been made by a family member is also added as it is not possible
to establish this status without a prior check of the documents in question.

Article  10(2):  (amendment  40):  this  amendment  lists  the  documents  which  can  be
required  from  family  members  who  are  not  nationals  of  a  Member State.  This  is
necessary  because  the  amendment  to  Article 8(6)  means  that  a  simple  statement
attesting  to  the  existence  of  a  family  relationship  by  family  members  who  are  not
nationals of a Member State is not acceptable.

Article 11(1a) (amendment 41): this amendment makes the text clearer and  fair by
imposing a time limit on absences.

6

Article 12(3) (amendment 99): this amendment brings the text of this paragraph into
line  with  the  Court  of  Justice  ruling  of  17 September 2002  in  C-413/99  Baumbast
and R, which entitles the parent who has custody of the children to right of residence
in the host Member State. This amendment is also in line with the request from the
European Economic and Social Committee.

Article  13(1)  and  (2),  points (a)  and  (b)  (amendments  47,  49,  50  and  51):  these
amendments,  which  add  a  reference  to  the  termination  of  partnerships  covered  by
point (b)  of  Article 2(2)  are  a  logical  reflection  of  the  situation.  Moreover,  in
point (a)  the  prior  duration  of  the  marriage  or  partnership  has  been  shortened  to
two years.

Article  13(2),  point (c)  (amendment  52):  the  purpose  here  is  to  give  details  of  a
number of difficult situations which would justify continued entitlement to the right
of residence after divorce, annulment of marriage or termination of partnership. This
will  have  a  positive  impact  on  the  situation  of  women  who  are  not  nationals  of  a
Member State  and  might  be  exposed  to  threats  of  violence  through  fear  of  losing
their  right  of  residence  if  they  were  to  apply  for  divorce  or  separation.  This
amendment is also in line with the request from the European Economic and Social
Committee.

Article  13a  (amendment  54):  this  new  Article  takes  over  the  text  of  the  former
Article 24  (which  has  been  deleted);  it  is  more  logical  to  locate  it  at  the  end  of
Chapter III  as  removal  is  not  possible  once  the  person  concerned  has  acquired
permanent right of residence. A first paragraph has also been added to make it clear
that  the  right  of  residence  is  retained  as  long  as  the  conditions  for  residence  are
complied with.

Article 14 (amendment 55): the new paragraph 1a takes over and expands on the text
of  the  second  sentence  of  Article 18,  which  has  been  deleted.  It  is  more  logical  to
locate this text in the Article on the rules for acquiring permanent right of residence.

Article 15(2) (amendment 59): in what is a logical consequence of Article 2(2)(b) a
reference to partner has been added.

Article 16 (amendment 61): the text of this Article has been aligned on the wording
of Article 14.

Article  17(1)  (amendment  62):  the  fact  that  the  residence  card  was  to  be  valid
indefinitely  and  also  renewable  every  ten  years  seemed  contradictory.  The
amendment consequently deletes the final sentence of the paragraph on renewal.

Article 17(3) (amendment 64): this new text makes it clear that breaks in residence
must last more than four years at a time if they are to affect the duration of the card.

Article 18(1) (amendment 55): the second sentence has been deleted and moved to
Article 14.

Article 21(2) (amendment 108): the aim here is to eliminate exclusion from welfare
assistance for persons not engaged in gainful activity before they acquire permanent
right of residence. This restriction is not contained in the Directives concerning right
of residence for those not in gainful activity. It could be interpreted as retrogressive

7

in relation to the current acquis, notably in the light of the case-law of the Court of
Justice.  In  its  ruling  of  20 September 2001  in  Case C-184/99  Grzelczyk3  the  Court
reaffirmed that Union citizens can rely on the principle of non-discrimination set out
in  Article 12  of  the  EC Treaty  in  all  situations  which  fall  within  the  scope  ratione
materiae  of  Community  law,  including  those  involving  the  exercise  of  the  right  to
move  and  reside  freely  in  another  Member State.  It  affirmed  that  economically
inactive Union citizens who are legally resident in another Member State are entitled,
by virtue of their status as Union citizens, to equal treatment with nationals.

Article 22 (amendment 68): this amendment makes the text clearer and specifies that
the  person  concerned  may  prove  entitlement  to  the  rights  stemming  from  the
Directive by any other means.

Article 25(1) (amendment  71):  this  amendment  makes  a  more  general  reference  to
all types of decision restricting freedom of movement. The new wording is preferable
as it covers all types of measure - removal, refusal of leave to enter the territory and
refusal to leave.

Article 25(2) (amendment 72): the first amendment includes a specific  reference to
the  principle  of  proportionality,  a  general  principle  of  Community  law  which  must
always  be  complied  with  when  measures  restricting  freedom  of  movement  are
adopted.  The  second  amendment  adds  a  reference  to  the  genuine  threat  to  the
requirements of public policy, which is in line with the ruling given by the Court of
Justice on 27 October 1977 in Case 30/77 Bouchereau4.

Article 25(4) (amendment 74): the addition of a reference to a period of six months
is to cover the situation of Member States who do not introduce  the requirement to
register.

Article  25(5a)  (amendment  76):  this  new  paragraph  imposes  a  requirement  on
Member States to notify the Commission of an decisions to remove Union citizens or
their  family  members.  As  all  such  decisions  are  exceptional,  this  is  a  reasonable
requirement.

Article  27(1)  (amendment  77):  a  number  of  amendments  have  been  made  to  this
paragraph.  Removal  of  the  reference  to  disabilities  is  logical  as  only  diseases  may
justify a measure restricting freedom  of  movement. The standstill  clause  in  the  last
sentence has been deleted as it was not relevant. And the last amendment is a logical
consequence of the new wording of Article 25(1).

Article 27(2) (amendment 78): reference to a six-month period instead of to the date
of registration or the date of issue of the residence card is more in keeping with the
structure of the Directive and will also encompass the situation of the Member States
who  do  not  introduce  the  registration  requirement.  Reference  to  refusal  of  the
permanent  residence  card  has  been  removed  as  it  cannot  be  refused  for  reasons  of
public health.

3

4

[2001] ECR I-6193.
[1977] ECR 1999, paragraph 35.

8

                                                
Article 27(3) (amendment 79): reference to a six-month period is designed to restrict
the  period  during  which  Member States  may  require  persons  to  undergo  a  medical
examination; this is consistent with the text of the previous paragraph.

Article  28(1)  and  (2)  (amendment  80):  the  phrase  "in  writing"  has  been  removed
from paragraph 2 and inserted in paragraph 1 to make it clear that notification must
always be in writing and that it is the precise grounds for the decision which do not
have to be notified to the person concerned if state security were likely to be put at
risk as a result.

Article  28(3)  (amendment  82):  there  is  now  a  single  time  limit  for  leaving  the
territory - thirty days from the date of notification.

Article 29(1) (amendment 83): the amendment is designed to make it clear that there
must always be judicial redress and that administrative redress is also possible if it is
provided for by the host Member State (for example before judicial redress).

Article  29(2)  (amendment  84):  deletion  of  the  first  phrase  is  to  ensure  that  all
decisions  are  subject  to  prior  checks  by  an  independent  authority,  not  only  where
there is provision for administrative appeal.

judicial 

Article  29(3)  (amendment  113):  the  Commission  has  incorporated  part  of  the
amendment  proposed  by  Parliament  making 
redress  procedures
automatically suspensory; this is in line with the general principle of Community law
relating  to  effective  remedy  as  provided  for  in  Article 47  of  the  Charter  of
Fundamental  Rights  of  the  European  Union.  However,  the  Commission  has
expanded  on  the  amendment  by  making  provision  for  automatic  suspension  of
enforcement  until  such  time  as  the  judge  has  pronounced.  This  amendment  has  a
number of advantages. It requires Member States to empower their courts to accede
to requests for suspension of the removal order: an application for interim measures
must  therefore  be  possible.  Member States  will  have  to  organise  such  a  procedure
efficiently and rapidly as, pending the court decision on the request for suspension,
enforcement of the order to leave the territory is suspended. However, this  formula
does  not  force  Member States  to  guarantee  the  suspensive  effect  of  the  redress
procedure until such time as a decision is taken on the legality of the removal order.
It does not therefore impose disproportionate obligations on the Member States, and
thus  conforms  fully  to  the  requirements  imposed  by  Article 13  of  the  European
Convention on Human Rights in respect of removal.

Article  29(4)  (amendment  85):  this  minor  amendment  serves  to  stress  that  the
elements  listed  in  Article 26  simply  constitute  a  reference  for  checking  that  the
decision is not disproportionate.

Article  30(2) (amendment  86): the amendments  to  the  first  subparagraph  make  the
text clearer. The six-month deadline which replaces the three-month deadline in the
second subparagraph is more realistic.

Article  31a  (amendment  88):  this  new  Article  takes  over  the  content  of  the  old
Article 31(2). It is in fact more logical for this text to constitute a separate article.

Article 32  (amendment  89): the  amendment  spells  out  how  the  information  should
be disseminated.

9

Article  33  (amendment  90):  this  amendment  makes  the  principles  of  effectiveness
and proportionality the only reference points for the penalties; this would seem fair.

Articles 35, 36 and 37 (amendments 91, 92 and 93): the amendments here are to the
date of entry into force of the Directive. Parliament proposed July 2004 but in view
of the status of the negotiations this does not seem  realistic.  The  Commission  is of
the opinion that the new Directive will be adopted during the first half of 2004 and is
therefore proposing transposal by July 2005.

3.2. 

Amendments which cannot be accepted

Amendment 4

For  the  reasons  spelled  out  below  in  respect  of  amendments  14,  15  and  16,  the
Commission is unable to accept the proposed amendment to recital (6). This relates
to the amendments proposed to Article 2 and involves the mutual recognition of and
respect  for  the  diversity  of  family  relations,  whether  they  involve  marriage,
registered  partnership  or  partnership  outside  marriage,  on  the  basis  of  equality  and
the fundamental right to family life.

Amendment 11

The  Commission  cannot  accept  the  amendment  proposed  to  recital (19).  In
combination  with  Article 21(2)  it  aims  to  exclude  the  economically  inactive  from
entitlement to welfare assistance during the first six months of residence. This is not
consistent with the amendment proposed by Parliament to Article 21(2) and accepted
by the Commission.

Amendments 14, 15 and 16

These  proposed  amendments  are  designed  to  recognise  as  family  members  the
spouse and registered partner, irrespective of sex, on the basis of the relevant national
legislation,  and  the  unmarried  partner,  irrespective  of  sex,  with  whom  the  Union
citizen has a durable relationship, if the legislation or practice of the host and/home
Member States  treats  unmarried  couples  and  married  couples  in  a  corresponding
manner  and  in  accordance  with  the  conditions  laid  down  in  any  such  legislation.
These amendments cannot be accepted.

With  regard  to  marriage,  the  Commission  is  reluctant  to  opt  for  a  definition  of  the
term  spouse  which  makes  a  specific  reference  to  spouse  of  the  same  sex.  For  the
moment  only  two  Member States  make  legislative  provision  for  marriage  between
partners of the same sex. Moreover, in its case-law5 the Court of Justice has made it
clear that, according to the definition generally  accepted by  the  Member States,  the
term marriage means a union between two persons of the opposite sex. The Court has
also  ruled  that  an  interpretation  of  legal  terms  on  the  basis  of  social  developments
that has effects in all the Member States must take into account the situation in the

5

Ruling of 31 May 2001 in Joint Cases C-122/99 and C-125/99  D  and  Kingdom  of  Sweden  v  Conseil,
[2001] I-4319, paragraph 34.

10

                                                
whole Community.6 The Commission therefore prefers to restrict the proposal to the
concept of spouse as meaning in principle spouse of a different sex, unless there are
subsequent developments.

With  regard  to  partners,  whether  they  be  registered  partners  or  unmarried  partners,
the  Commission  is  also  of  the  opinion  that  recognition  of  such  situations  must  be
based  exclusively  on  the  legislation  of  the  host  Member State.  Recognition  for
purposes  of  residence  of  non-married  couples  in  accordance  with  the  legislation  of
other Member States could pose problems for the host Member State if its family law
does not recognise this possibility. To confer rights which are not recognised in the
case of its own nationals on couples from other Member States could in fact create
reverse discrimination, which the Commission would prefer to avoid.

However, the Commission  has  gone  along  with  Parliament's  wish  to  make  specific
references to registered partners in its amended point (b) of Article 2(2).

Amendments 17 and 18

These  proposed  amendments,  which  would  insert  a  specific  reference  in  points (c)
and (d) of Article 2(2) to relatives in the ascending and descending lines of registered
partners  in  line  with  amendment 15,  which  proposes  a  separate  reference  to  the
registered  partner  in  a  new  point (a)  of  Article 2(2),  cannot  be  accepted.  However,
the  Commission  has  modified  the  new  wording  of  point (b)  of  Article 2(2)  to
introduce  a  specific  reference  to  the  registered  partner  and  the  concept  of  durable
relationship.

Amendment 19

This proposed amendment would incorporate in Article 2(3) a definition of the home
Member State and the criteria to be used for determining what constitutes a durable
relationship.  This  reference  to  the  legislation  of  the  home  Member State  is  not
acceptable for the purpose of defining spouse or partner. Moreover, the definition of
durable relationship is not necessary as it is the legislation of the host Member State
that determines the factors that have to be taken into account.

Amendments 26, 32 (in part), 42, 43 and 44

These amendments cannot be accepted as they would substantially alter the structure
of the Directive or undermine the approach proposed by the Commission.

Amendments 22, 23, 31, 45, 53, 56, 57, 58, 60, 63, 66 and 69

These  amendments  cannot  be  accepted  as  they  are  not  consistent  with  the
Commission proposal.

6

Ruling of 17 April 1986 in Case C-59/85 Reed, [1986] 1283, paragraph 13.

11

                                                
2001/0111 (COD)

Amended 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

(Text with EEA relevance)

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 Commission7,

Having regard to the Opinion of the European Economic and Social Committee8,

Having regard to the Opinion of the Committee of the Regions9,

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

Whereas:

(1) 

(2) 

(3) 

(4) 

The  common  provisions  contained  in  Title  I  of  the  Treaty  on  European  Union  state
that one of the objectives of the Union is to “strengthen the protection of the rights and
interests of the nationals of its Member States through the introduction of a citizenship
of the Union”.

The  free  movement  of  persons  constitutes  one  of  the  fundamental  freedoms  of  the
internal market, which under Article 14(2) of the EC Treaty comprises an area without
internal frontiers in which freedom is ensured in accordance with the provisions of the
Treaty.

Articles 17 and 18 of the EC Treaty establish citizenship of the Union and confer on
every  citizen  of  the  Union  a  primary  and  individual  right  to  move  and  reside  freely
within the territory of the Member States.

the  mobility  of  employed  or  self-employed  workers,  students,
Promoting 
researchers, those undertaking training, volunteers, teachers and trainers is recognised
as a policy priority of the European Union.

7

8

9

OJ C 270, 25.9.2001, p. 150.
OJ C 149, 21.6.2002, p. 46.
OJ C 192, 12.8.2002, p. 17.

12

                                                
(5) 

(6) 

(7) 

(7a)

In this context, with a view to remedying the sector-by-sector, piecemeal approach to
the right of free movement and residence and facilitating the exercise of this right in
accordance with Article 18(2) of the Treaty, there needs to be a single legislative
act  to  replace  and  complement  the  following  legislative  texts:  as  provided  for  by
Council Regulation (EEC) No 1612/68 of 15 October 1968 on freedom of movement
for  workers  within  the  Community10,  Council  Directive  68/360/EEC  of  15  October
1968  on  the  abolition  of  restrictions  on  movement  and  residence  within  the
Community  for  workers  of  Member States  and  their  families11,  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  services12,  Council Directive  90/364/EEC  of  28
June 1990 on the right of residence13, 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 activity14 and Council Directive 93/96/EEC of 29 October 1993 on
the  right  of  residence  for  students15,  needs  to  be  reviewed  in  order  to  facilitate  the
exercise of this right, in accordance with Article 18(2) of the Treaty.

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,  irrespective  of  nationality.  The
definition of family member must be widened and standardised for all persons entitled
to the right of residence.

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 without prejudice to
the provisions applicable to border controls.

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 Regulation (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  requirementWith  a  view  to
facilitating  the  free  movement  of  family  members  who  are  not  nationals  of  a
Member State, those who have already obtained a residence document should be
exempted  from  the  requirement  to  obtain  an  entry  visa  within  the  meaning  of
Council Regulation (EC) No 539/200116 or, where appropriate, of the applicable
national legislation.

10

11

12

13

14

15

16

OJ L 257, 19.10.1968, p. 2. Regulation as last amended by Regulation (EEC) No 2434/92 (OJ L 245,
26.8.1992, p. 1).
OJ  L  257,  19.10.1968,  p.  13.  Directive  as  last  amended  by  the  Act  of  Accession  of  Austria,  Finland
and Sweden.
OJ L 172, 28.6.1973, p. 14.
OJ L 180, 13.7.1990, p. 26.
OJ L 180, 13.7.1990, p. 28.
OJ L 317, 18.12.1993, p. 59.
Council  Regulation  (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, OJ L 81, 21.3.2001, p. 1.

13

                                                
(8) 

(9) 

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

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 exercise of the
right  of  residence  for  Union  citizens  for  periods  in  excess  of  six  months  remains
subject to the requirement that such citizens are engaged in gainful activity or, in the
case  of  those  not  engaged  in  gainful  activity,  that  they  have  sufficient  resources  or
that they are enrolled at an accredited establishment for the purpose of following
a course of study, including vocational training, and have comprehensive sickness
insurance cover 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 that
they are family members of a Union citizen who satisfies one of these requirements.

(10)  The  fundamental  and  personal  right  of  Union  citizens  to  reside  in  another
Member State  is  conferred  directly  on  Union  citizens  by  the  Treaty  and  is  not
dependent  upon  their  having  been  issued  a  residence  permit.  The  residence  permit
requirement should therefore be restricted to cases where it is genuinely warranted, in
particular  for  family  members  of  Union  citizens  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
combination  with  the  possession  of  a  valid  identity  card  from  the  Member State  of
origin  or  a  valid  passport,  is  sufficient  and  proportionate  and  adequate  for  the  host
Member State’s  purpose  of  keeping  a  record  of  the  movement  of  people  within  its
territory.

(12)  The supporting documents required by the administrative authorities for the issuing of
a registration certificate or residence card must be comprehensively specified in order
to  avoid  divergent  administrative  practices  or  interpretations  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  marriage  dissolution or termination of partnership. With due  regard  for
family  life  and  human  dignity  and  in  certain  conditions  to  guard  against  abuse,
measures  should therefore be taken  to  ensure  that  in  such  circumstances  the  right  of
residence is retained.

(14)  Guaranteed  permanent  residence  for  Union  citizens  who  have  chosen  to  settle  long
term in another Member State strengthens the feeling of 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 a continuous period of four years of residence.

14

(15)  Certain  advantages  specific  to  Union  citizens  who  are  in  paid  employment  or  are
self-employed  should,  however,  be  maintained,  as  these  constitute  acquired  rights
conferred  by  Commission  Regulation  (EEC)  No  1251/70  of  29  June  197017  and
Council  Directive  75/34/EEC  of  17  December  197418,  which  concern  the  right  to
reside within the territory of a Member State after having worked there in an employed
or self-employed capacity.

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

(17) 

In  order  to  be  a  genuine  vehicle  for  integration  into  the  society  of  the  host
Member State  in  which  the  Union  citizen  resides,  the  right  of  permanent  residence
should not  be  subject  to  conditions but should confer complete equality of treatment
with  nationals  in  areas  covered  by  the  Treaty,  as  well  as  maximum  protection
against removal.

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

(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 security provision or
sickness  insurance  coverage  to  persons  not  engaged  in  gainful  activity,  or  award
maintenance grants to Union citizens coming to study within its territory.

(20)  Articles  39(3),  46(1)  and  55  of  the  EC Treaty  allow  restrictions  to  be  placed  on  the
right of free movement on grounds of public policy, public security or public health.
Council Directive  64/221/EEC19  provides  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  and  the  basic  right  of  freedom  of
movement, there is a need for a tighter definition of the circumstances and procedural
guarantees subject to which Union citizens and their family members may be denied
leave to enter or be removed.

(22)  Removal of Union citizens and their family members 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

17

18

19

OJ L 142, 30.6.1970, p. 24.
OJ L 14, 20.1.1975, p. 10.
OJ 56, 4.4.1964, p. 850. Directive as last amended by Directive 75/35/EEC (OJ L 14, 20.1.1975, p. 14).

15

                                                
should therefore be limited in accordance with the proportionality principle to take
account of the degree of integration of the persons concerned, the length of their stay
in  the  host  Member State,  their  age,  state  of  health,  and  family  and  economic
situation,  and  the  links  with  their  country  of  origin  and  to  prohibit  removal  of
Union citizens or their family members who have permanent right of residence or of
family members who are minors.

(23)  The  administrative  rules  of  procedure  should  also  be  specified  in  detail  in  order  to
ensure  a  high  level  of  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
authorities must be properly justified.

(24) 

(25) 

(26) 

In  all  events,  judicial  redress  procedures  should  be  available  to  Union  citizens  and
their  family  members  who  have  been  refused  leave  to  enter  or  reside  in  another
Member State,  on  the  same  terms  as  those  available  to  nationals  as  regards  the
conditions for the lodging of an appeal and the conduct of the proceedings.

In line with the  case-law  of  the  Court  of  Justice,  the  right  of  Union  citizens  or  their
family  members  who  have  been  removed  excluded  from  the  territory  of  a
Member State  to  submit  a  fresh  application  after  a  reasonable  period  and  in  any
event  no later  than after  a two-year  period  from  notification  of  the  final  exclusion
order should be confirmed.

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

(27)  This  Directive  respects  the  fundamental  rights  and  freedoms  and  observes  the
principles  recognised  in  particular  by  the  Charter  of  Fundamental  Rights  of  the
European Union,

HAVE ADOPTED THIS DIRECTIVE:

Chapter I
General provisions

Article 1
Subject

This Directive lays down:

(a)

(b)

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

the right  of permanent  residence  in  the  Member States  for  Union  citizens  and  their
family members;

16

(c)

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

Article 2
Definitions

For the purposes of this Directive:

1.

2.

3.

1.

2.

“Union citizen” means any person having the nationality of a Member State.

“Family member” means:

(a)

the spouse;

(b)

(c)

(d)

the partner  to  whom  the  Union  citizen  is  linked  by  registered  partnership
or  with  whom  he/she  has  a  duly  attested  durable  relationship,  if  the
legislation  of  the  host  Member State  recognises  the  situation  of  unmarried
couples,  as  equivalent  to  married  couples  in  accordance  with  the  conditions
laid down in any such legislation;

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

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

“Host  Member State”  means  the  Member State  to  which  a  Union  citizen  goes  in
order to exercise his/her right of free movement and residence.

Article 3
Persons entitled

This  Directive  shall  apply  to  all  Union  citizens  who  move  to  or  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.

Notwithstanding  any  right  to  free  movement  and  residence  the  persons
concerned  may  have  in  their  own  right,  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
residence,
household  of 
notwithstanding  any  right  to  free  movement  and  residence  the  persons  concerned
may  have  in  their  own  right  or  where  there  are  serious  health  or  humanitarian
grounds for doing so.

the  Union  citizen  having 

the  primary  right  of 

17

Article 4
Non-discrimination

Member States  shall  give  effect  to  the  provisions  of  this  Directive  without  discrimination
between those entitled thereunder on grounds of sex, sexual identity, race, colour,  ethnic
or  social  origin,  genetic  characteristics,  language,  religion  or  beliefs,  political  or  other
opinions,  membership  of  an  ethnic  minority,  property,  birth,  disability,  age  or  sexual
orientation.

Chapter II
Right of movement and right of residence for up to six months

1.

2.

3.

4.

1.

2.

Article 5
Right of exit

Union citizens shall have the right to leave the territory of a Member State to travel
to another Member State with a valid 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 are accompanying or joining.

No  exit  visa  or  equivalent  formality  may  be  imposed  on  the  persons  to  whom
paragraph 1 applies.

Member States  shall  issue  to  their  own  nationals,  and  renew,  an  identity  card  or
passport stating their nationality.

through  which 

The  passport  shall  be  valid  at  least  for  all  the  Member States  of  the  Union  and  for
travelling  between
countries 
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.

the  holder  must  pass  when 

Article 6
Right of entry and residence for up to six months

Member States shall grant Union citizens and their family  members,  irrespective of
nationality, leave to enter their territory with a valid identity card or passport.

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

Family members who are not nationals of a Member State may  only be  required to
have  an  entry  visa  in  accordance  with  Council  Regulation  (EC)  No  539/2001  or,
where appropriate, with national legislation. For the purposes of this Directive,
possession of a valid residence permit issued by a Member State shall be equivalent
to exempt the holder from the requirement to obtain a visa.

Member States shall accord such persons every facility to obtain the necessary visas.
Such  visas  shall  be  issued  no  later  than  one  week  after  submission  of  the
application and shall be free of charge.

18

3.

4.

5.

6.

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

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 within a reasonable period of
time 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 Member State shall include the
right to reside there for a period of up to six months without any conditions or any
formalities  other  than  the  requirement  to  hold  with  a  valid  identity  card  or
passport. The Member State may only require the person concerned to report his/her
presence within its territory within a  time limit,  which may not be  less  than fifteen
days. Failure to comply with this requirement may make the person concerned liable
to administrative penalties, which shall be proportionate and non-discriminatory.

The  provisions  of  paragraph  5  shall  also  apply  to  family  members  who  are
third-country nationals accompanying or joining the Union citizen. However, if such
family members 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  within  the  territory  of  another
Member State for a period of longer than six months if they:

(a)

(b)

(c)

are  engaged  in  gainful  activity  in  an  employed  or  self-employed  capacity  or
are recipients of services; or

have  sufficient  resources  for  themselves  and  their  family  members  not  to
become a burden on welfare assistance in the  host  Member State  during their
stay  and  have  comprehensive  sickness 
the  host
Member State; or

insurance  cover 

in 

are students admitted to a course of enrolled at an accredited establishment
for  the  principal  purpose  of  following  a  course  of  study,  including
vocational  training,  and  have  comprehensive  sickness  insurance  cover  in
the host Member State; or

(d)

are family members of a Union citizen who satisfies conditions (a), (b) or (c).

19

2.

(2a)

1.

2.

3.

4.

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  set  out  in
point (a) or (b) or (c) of paragraph 1.

For the purposes of point (a) of paragraph 1, Union citizens who are no longer
engaged in gainful activity in an employed or self-employed capacity shall retain
their employed or self-employed status in the following circumstances:

(a)     they are temporarily unable to work as the result of an illness or accident;

(b)     they are in duly recorded involuntary unemployment and have registered

as a jobseeker with the relevant employment office;

(c)      they  are  in  involuntary  unemployment  after  completing  a  fixed-term
employment contract of less than a year and have registered as a jobseeker
with  the  relevant  employment  office.  In  such  cases,  they  shall  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;

(d)     they  embark  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 8
Administrative formalities for Union citizens

For  stays  of  longer  than  six  months,  the  host  Member State  may  require  Union
citizens to register with the relevant authorities. In all cases the Member State shall
allow any Union citizens applying to do so to register.

The deadline for registration may not be less than six months from the date of arrival.
The  right  of  residence  shall  be  evidenced  by  a  A  registration  certificate  shall  be
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 administrative penalties.

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

For  the  registration  certificate  to  be  issued,  Member States  may  require  only  that
Union citizens to whom point (c) of Article 7(1) applies present a valid identity card
or  passport  and  evidence  of  enrolment  at  an  accredited  establishment  for  the
principal purpose of following a course of study, including vocational training, and
assure the relevant authority, by means of a declaration or by such equivalent means
as  they  may  choose,  that  they  have  sufficient  resources  for  themselves  and  their
family  members  not  to  become  a  burden  on  welfare  assistance  in  the  host

20

Member State during their stay and that they have comprehensive sickness insurance
cover in the host Member State.

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

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

5.

6.

(a)

a valid identity card or passport;

(b)

a  document  proving  the  statement  attesting  to  the  existence  of  a  family
relationship;

(c) where relevant, the registration certificate of the Union citizen whom they are

accompanying or joining;

(d)

(e)

in cases falling under point (b) of Article 2(2), proof that the requirements laid
down therein are met;

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  their  household,  or
proof of the existence of serious health or humanitarian grounds.

7.            The registration certificate 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 ;

(c)      he/she  is  in  involuntary  unemployment  after  completing  a  fixed-term
employment contract of less than a year and have registered as a jobseeker with
the relevant employment office. In such cases, he/she shall 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;

(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.

21

Article 9
Administrative formalities for family members
who are not nationals of a Member State

1.

2.

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 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.

(2a)

Family members may not be refused a residence card solely on the grounds that
they  have  no  visa  or  that  their  visa  has  expired  prior  to  submission  of  the
application for a residence card.

3.

1.

2.

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

Article 10
Issuing of residence cards

The right of residence of family members of a Union citizen who are not nationals of
a Member State shall be evidenced by the issuing of a document bearing the words
“residence  card  of  a  family  member  of  a  Union  citizen”  no  later  than  three  six
months from the date on which they submit the application. A certificate of proof of
application for  a residence  card  of  a family member of a Union citizen  shall  be
issued  on  the  spot.  This  document  shall  also  record  that  the  person  concerned  is  a
family member of a Union citizen.

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

(a)     a valid identity card or passport;

(b)     a document proving the family relationship;

(c)      the  registration  certificate  of  the  Union  citizen  whom  they  are

accompanying or joining;

(d)     in cases falling under point (b) of Article 2(2), proof that the requirements

laid down therein are met;

(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
their  household,  or  proof  of  the  existence  of  serious  health  or
humanitarian grounds.

22

Article 11
Validity of the residence card

1.

(1a)

The residence card provided for by Article 10(1) shall be valid for at least five years
from the date of issue.

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

Article 12
Retention of the right of residence by family members in the event of death or departure of the
Union citizen

1.

2.

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 his/her family
members 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  points (a),  (b),  (c)  or  (d)  of
Article 7(1).

Without  prejudice  to  the  second  subparagraph,  the  Union  citizen’s  death  shall  not
entail loss of the right of residence of family members dependent on him/her who are
not nationals of a Member State.

Before  acquiring  the  right  of  permanent  residence,  the  right  of  residence  of  the
persons  concerned shall remain  subject to  the  requirement that they  are engaged  in
gainful activity in an employed or self-employed capacity or that they have sufficient
resources  for  themselves  and  their  family  members  not  to  become  dependent  on
welfare assistance  in  the  host Member State  for  the  duration  of  their  stay  and  have
comprehensive  sickness  insurance  cover  in  the  host  Member State,  or  that  they  are
members of the family, already constituted in the host Member State, of an applicant
satisfying these requirements.

Those  resources  shall  be  deemed  sufficient  where  they  are  at  least  at  the  threshold
below  which  nationals  of  the  host  Member State  become  eligible  for  welfare
assistance.  Where  this  criterion  is  not  applicable,  the  applicant’s  resources  shall  be
deemed sufficient where they are at least equivalent to the minimum social security
pension paid by the host Member State.

3.

The Union citizen’s departure from the host Member State shall not entail loss of the
right  of residence  of  his/her  children  or  of  the  parent  who  has  actual  custody  of
the children, irrespective of nationality, who are not nationals of a Member State if
they the children reside in the host Member State and are enrolled at an educational

23

establishment,  at  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 or termination of partnership

1.

2.

Without prejudice to the second subparagraph, divorce, or annulment of marriage, or
termination  of  the  partnership  or  relationship  referred  to  in  point 2(b)  of
Article 2 shall not affect the right of residence of a Union citizen’s family members
who are nationals of a Member State.

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

Without prejudice to the second subparagraph, divorce, or annulment of marriage, or
termination  of  the  duly  attested  partnership  or  relationship  referred  to  in
point 2(b)  of  Article 2  shall  not  entail  loss  of  the  right  of  residence  of  a  Union
citizen’s family members who are not nationals of a Member State where:

(a)

(b)

prior to initiation of the divorce or annulment proceedings or  termination of
the  duly  attested  partnership  or  relationship  referred  to  in  point 2(b)  of
Article 2, the marriage, partnership or the  relationship has lasted at  least  five
two years, including one year in the host Member State; or

by  agreement  between  the  spouses  or  partners  referred  to  in  point 2(b)  of
Article 2  or  by  court  order,  the  spouse  or  partner,  not  being  a  national  of  a
Member State, has custody of the citizen’s children; or

(c)

this  is  warranted  by  particularly  difficult  circumstances,  such  as  physical  or
mental abuse within the family, or on humanitarian grounds.

Before  acquiring  the  right  of  permanent  residence,  the  right  of  residence  of  the
persons  concerned shall remain subject to the  requirement  that  they  are  engaged  in
gainful activity in an employed or self-employed capacity or that they have sufficient
resources  for  themselves  and  their  family  members  not  to  become  a  burden  on  the
host  Member State  for  the  duration  of  their  stay  and  have  comprehensive  sickness
insurance  cover  in  the  host  Member State,  or  that  they  are  members  of  the  family,
already  constituted  in  the  host  Member State,  of  an  applicant  satisfying  these
requirements.

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

Article 13a
Procedural safeguards in the event of removal for administrative reasons

1.

The right of residence shall be retained for such time as the persons concerned
satisfy the requirements laid down in Articles 7, 12 and 13.

24

2.

3.

1.

1a.

2.

3.

1.

The procedures provided for by Articles 28 and 29 shall apply by analogy to all
removal  decisions  taken  by  the  host  Member State  against  Union  citizens  or
their  family  members  on  grounds  other  than  public  policy,  public  security  or
public health.

The host Member State may not combine an exclusion order with the removal
decision referred to in paragraph 2.

Chapter IV
Right of permanent residence

Section I

Eligibility

Article 14
General rule for Union citizens and their family members

Union citizens who have resided legally for a continuous period of four years in the
host Member State shall have the right of permanent residence there. This right shall
not be subject to the conditions provided for in Chapter III.

Continuity  of  residence  shall  not  be  affected  by  temporary  absences  not
exceeding  a  total  of  six  months  a  year  or  by  longer  absences  not  exceeding
twelve  months  at  a  time  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 a third country.

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

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

Article 15
Exemptions for persons no longer working in the host Member State and their
family members

By way of derogation from Article 14, the right of permanent residence in the host
Member State  shall  be  enjoyed  before  completion  of  a  continuous  period  of  four
years of residence by:

(a)

employed or self-employed persons who,  at the time they  stop working,  have
reached the age laid 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  that  they  have  been  working  in  that  State  for  at  least  the  preceding
twelve months and have resided there continuously for more than three years.

25

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 once the person concerned has reached the age of
60;

(b)

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

If such incapacity is the result of an accident at work or an occupational disease
entitling  the  person  concerned  to  a  benefit  payable  in  full  or  in  part  by  an
institution in that Member State, no condition shall be imposed as to length of
residence;

(c)

employed  or  self-employed  persons  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.

For the purposes of entitlement to the rights referred to in points (a) and (b), periods
of employment spent in the other Member State shall be treated as having been spent
in the host Member State.

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.

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

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

The  family  members  of  employed  or  self-employed  persons  who  die  while  still
working but before acquiring permanent resident status in the host Member State on
the  basis  of  paragraph  1  shall  have  the  right  of  permanent  residence  there,  on
condition that :

(a)

the  employed  or  self-employed  person  had,  at  the  time  of  death,  resided
continuously on the territory of that Member State for one year; or

(b)

the death resulted from an accident at work or occupational disease; or

(c)

the  surviving  spouse  lost  the  nationality  of  that  State  following  marriage  to
the worker.

26

2.

3.

4.

Article 16
Acquisition of the right of permanent residence by certain family members who are not
nationals of a Member State

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

Section II

Administrative formalities

Article 17
Permanent residence card

1.

2.

3.

1.

2.

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
automatically every ten years.

The  time  limit  within  which  the  person  entitled  must  apply  for  the  permanent
residence card may not be shorter than two years from the date on which entitlement
commenced.  However,  family  members  who  are  not  nationals  of  a  Member State
must submit the application before their first residence card expires.

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

Breaks in residence not exceeding four years at a time shall not affect the validity of
the permanent residence card.

Article 18
Continuity of residence

Continuity  of  residence  may  be  attested  by  any  means  of  proof  in  use  in  the  host
Member State. 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,  study  or  vocational
training, or a work assignment in another Member State or third country.

Continuity  of  residence  is  broken  by  any  removal  decision  duly  taken  against  the
person concerned, except where enforcement of the decision is deferred.

27

Chapter V

Provisions common to the right of residence
and the right of permanent residence

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  the  right  of  permanent  residence  only  where  the  same  restrictions  apply  to  their
own nationals.

Article 20
Related rights

Irrespective  of  nationality,  the  family  members  of  a  Union  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 an employed or self-employed capacity.

Article 21
Equal treatment

1.

2.

1.

Union  citizens  residing  within  the  territory  of  the  host  Member State  shall  enjoy
equal treatment with the nationals of that State in areas covered by the Treaty.

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

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 there to study.

Article 22
General provisions concerning residence documents

Possession  of  a  registration  certificate,  of  a  certificate  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  the
performance  of  for  any  other  administrative  formality  may  not  be  denied  to  the
person  concerned  on  the  grounds  of  not  possessing  a  registration  certificate,  a

28

certificate attesting submission of an application for a residence card, a family
is
member  residence  card  or  a  permanent  residence  card,  whichever 
appropriate, if it can be proved by any other means that he/she is entitled to the
rights deriving from this Directive.

2.

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

Article 23
Checks by the authorities

Member States may carry out checks on compliance with any requirement deriving from their
national legislation for non-nationals always to carry their registration certificate or residence
card,  provided  that  the  same  requirement  applies  to  their  own  nationals  as  regards  their
identity card.

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

Article 24
Procedural safeguards

1.            Without prejudice to Chapter VI, the procedures provided for by Articles 28 and 29
shall  apply  by  analogy  to  all  removal  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.

2.            The host Member State may not impose a ban on entry in the context of a removal

decision to which paragraph 1 applies.

CHAPTER VI

Restrictions on the right of entry and the right of residence on
grounds of public policy, public security or public health

Article 25
General principles

1.

2.

This Chapter shall apply to decisions whereby any decision restricting the freedom
of movement of Union 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 may not be invoked to serve economic ends.

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

29

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

Personal  conduct  may  not  be  considered  a  sufficiently  serious  threat  unless  the
Member State  concerned  takes  serious  enforcement  measures  against  the  same
conduct on the part of its own nationals.

Expiry  of  the  passport  or  identity  card  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 grounds for removal from the territory.

When  issuing  the  registration  certificate  or  residence  card  and  not  later  than  six
months from the date of arrival of the person concerned on its territory, the host
Member State  may,  should  it  consider  this  essential,  request  the  Member State  of
origin  and,  if  need  be,  other  Member States  to  provide  information  concerning  any
previous police record the Union 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.

The Member State which issued the passport or identity card 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.

Member States  shall  notify  the  Commission  of  any  decision  to  remove  Union
citizens or their family members.

Article 26
Protection against removal

Before taking a removal decision on grounds of public policy or public security, the
host  Member State  shall  take  account  of  considerations  such  as  how  long  the
individuals  concerned  have  resided  within  its  territory,  their  age,  state  of  health,
family  and  economic  situation,  and  social  and  cultural  integration  into  the  host
Member State, and the extent of the links with their country of origin.

The host Member State may not take a removal decision on grounds of public policy
or  public  security  against  Union  citizens  or  family  members,  irrespective  of
nationality, who have the right of permanent residence within its territory or against
family members who are minors.

Article 27
Public health

The only diseases or disabilities justifying refusal of leave to enter or leave to reside
measures restricting freedom of movement within 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  Member State.  Member States  shall  not  introduce

30

3.

4.

5.

5a.

1.

2.

1.

2.

3.

1.

2.

3.

1.

2.

new provisions or practices which are more restrictive than those in force at the date
of notification of this Directive.

Diseases or disabilities occurring after registration with the authorities in the place of
residence or after a first residence card has been issued a six-month period from the
date  of  arrival  shall  not  constitute  grounds  for  refusal  to  issue  the  permanent
residence card or for removal removal from the territory.

Where there are serious indications that it is necessary, Member States may, within
six months of the date of arrival, 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

The persons concerned shall be notified of any decision to refuse them leave to enter
or  to  expel  themin  writing  of  any  decision  taken  under  Article 25(1),  such  that
they are able to comprehend the its content and the implications for them.

The  persons  concerned  shall  be  informed,  precisely  and  in  full,  in  writing  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 interests of state security.

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,  where
applicable, the time allowed for the person to leave the territory of the Member State.
Save in duly substantiated 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 thirty days from the date of notification.

Article 29
Procedural safeguards

The persons concerned shall have access to administrative and judicial and, where
appropriate, administrative 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 removal or refusing to
issue  them  with  the  registration  certificate,  residence  card  or  permanent  residence
card.

Where there is provision for administrative appeal, the This 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 Member State  other  than  the  authority
qualified  to  take  the  decisions  listed  decision  referred  to  in  paragraph  1,  before
which the person concerned shall be allowed, should he/she so request, 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  by  national
legislation.

31

3.

4.

5.

1.

2.

Where  judicial  redress  procedures  do  not  have  suspensory  effect,  the  court  dealing
with  the  case  shall  have  the  option  of  issuing  an  interim  order  suspending
enforcement  of  the  contested  decision,  pending  the  final  rulingWhere  the  appeal
against  the  removal  decision  is  accompanied  by  an  application  to  suspend
enforcement,  actual  removal  may  not  take  place  until  such  time  as  a  decision
has been taken on the appeal.

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.  It  shall
also  check  that  the  decision  is  not  disproportionate,  in  particular  as  to  the
requirements laid down in Article 26.

Member States may exclude the individual concerned from their territory pending the
trial, but they may not prevent the individual from appearing in person at the trial.

Article 30
Duration of exclusion orders

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

Persons  expelled  excluded  on  grounds  of  public  policy,  public  security  or  public
health,  may  submit  an  new  application  for  lifting  of  the  exclusion  order  after  a
reasonable period, depending on the circumstances, and in any event after two years
have  elapsed  since  the  decision  ordering  their  removal  was  validly  adopted  in
accordance  with  Community  law,  from  notification  of  the  final  exclusion  order,
validly  adopted  in  accordance  with  Community  law,  to  enter  by  putting  forward
arguments  to  establish  that  there  has  been  a  material  change  in  the  circumstances
which justified the decision ordering their removalexclusion.

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

3.

The persons referred to in paragraph 2 shall have no right of access to the territory of
the Member State concerned while their new application is being considered.

Article 31
Removal as a penalty or legal consequence

Removal  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).

2.            Before enforcing a removal order, the Member State 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  circumstances  since  the
removal decision was taken

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Article 31a
Check prior to expulsion

Before enforcing a removal order, the Member State shall check whether the individual
concerned  is  currently  and  genuinely  a  threat  to  public  policy  or  public  security  and
shall assess whether there has been any change in the circumstances since the removal
decision was taken.

Chapter VII
Final provisions

Article 32
Publicity

Member States shall disseminate information concerning the rights and obligations of Union
citizens and their family members, on the subjects covered by this Directive, particularly
by means of awareness-raising campaigns conducted through national and local media
and means of communication.

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 laid down shall be effective and 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.

Article 34
More favourable national provisions

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

Article 35
Repeals

1.

2.

Articles  10  and  11  of  Regulation  (EEC)  No  1612/68  are  deleted  with  effect  from
1 July 20032005.

Directives  64/221/EEC,  68/360/EEC,  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 20032005.

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Article 36
Report

No  later  than  1  July  20062008,  the  Commission  shall  submit  a  report  on  the  application  of
this  Directive  to  the  European  Parliament  and  the  Council,  together  with  any  necessary
proposals. The Member States shall provide the Commission with the information needed to
produce the report.

Article 37
Transposal

1.

2.

Member States shall adopt and publish the provisions necessary to comply with this
Directive by 1 July 20032005. They shall forthwith inform the Commission thereof.

They shall apply those provisions from 1 July 20032005.

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

Member States  shall  communicate  to  the  Commission  the  text  of  the  provisions  of
national law which they adopt in the field covered 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 Union.

Article 39
Addressees

This Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament
The President

For the Council
The President

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