CELEX: 51989PC0275(01)
Language: en
Date: 1989-06-26
Title: PROPOSAL FOR A COUNCIL DIRECTIVE ON THE RIGHT OF RESIDENCE FOR STUDENTS COM ( 89 ) 275 FINAL - SYN 199

No C 191/2                           Official Journal of the European Communities                                   28. 7. 89
                                                             II
                                                      (Preparatory Acts)
                                                COMMISSION
                         Proposal for a Council Directive on the right of residence for students
                                              COM(89) 275 final — SYN 199
                                     (Submitted by the Commission on 26 June 1989)
                                                       (89/C 191/02)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          Whereas the exercise of the right of residence becomes a
                                                                  genuine possibility only if it is granted to the spouse and
 Having regard to the Treaty establishing the European            dependent children;
 Economic Community, in particular the second
 paragraph of Article 7 thereof,
                                                                  Whereas the beneficiaries of this Directive should        be
 Having regard to the proposal from the Commission,               covered by the same administrative arrangements           as
                                                                  those laid down in particular in Regulation (EEC)        No
 In cooperation with the European Parliament,                      1612/68 of the Council ('), Directive 68/360/EEC of     the
                                                                  Council (2), and Directive 64/221/EEC               of   the
 Having regard to the opinion of the Economic and                 Council ( 3 );
 Social Committee,
Whereas Article 3c of the Treaty lays down that the acti-         Whereas this Directive does not apply to students who
vities of the Community shall include the abolition, as           enjoy the right of residence by virtue of the fact that
between Member States, of obstacles to freedom of                 they are or have been effectively engaged in economic
movement for persons;                                             activities or are members of the family of a migrant
                                                                  worker,
Whereas Article 8a lays down that the internal market
must be established by 31 December 1992; whereas the
internal market is to comprise an area without internal           HAS ADOPTED THIS DIRECTIVE:
frontiers in which the freedom of movement for persons
is ensured;
                                                                                            Article 1
Whereas, as the Court of Justice has ruled, Articles 128          1.    Member States shall adopt the necessary measures
and 7 of the EEC Treaty prohibit any discrimination               to facilitate exercise of the right of residence to ensure
between nationals of the Member States as regards                 access to vocational training without discrimination.
access to vocational and professional training in the             Accordingly, they shall recognize the right of residence
Community;                                                        of any student who is a national of a Member State and
                                                                  who does not enjoy this right under another Community
Whereas equal access to      vocational and professional          measure, and of the student's spouse and dependent
training presupposes being  present on the territory of the       children, provided the student is enrolled in an educa-
Member State where the      training is given and conse-          tional establishment for the purpose of following voca-
quently implies the need    to lay down rules ensuring            tional or professional training courses there and that they
equal treatment;                                                  are covered by a sickness insurance scheme.
Whereas students are only rarely beneficiaires of social
assistance; whereas, however, the costs of social                 2.    Nationals of Member States who plan to follow
assistance granted in the host Member State to a student          vocational training courses and members of their family
who has no legal connection with that Member State                shall be entitled to become members of the sickness
other than the mere fact that he or she has gone there to         insurance scheme of the host country under the same
undergo vocational or professional training, should not           conditions as nationals.
be borne by that State but by the Member State from
which he or she comes;
Whereas it is necessary for the Member States to adopt            (') OJ No L 257, 19. 10. 1968, p. 2.
the administrative measures to facilitate residence               O OJ No L 257, 19. 10. 1968, p. 13.
without discrimination;                                           C) OJ No 56, 4. 4. 1964, p. 850/64.
 ---pagebreak--- 28. 7. 89                             Official Journal of the European Communities                             No C 191/3
3.     Where the social security system of the host             Where a Member State has sought reimbursement of
Member State has to intervene on behalf of a student             social assistance costs under Article 1 (3), the residence
referred to in paragraph 1, the benefit shall be granted in      permit may be renewed only with the prior agreement of
accordance with the rules of that State. At the request of       the Member State of origin.
the host Member State, the Member State of origin shall
reimburse the amount of benefit granted. For the
purposes of this Directive, 'Member State of origin' shall       2.     Articles 2, 3, 9 and 10 of Directive 68/360/EEC,
mean that State in which the student had his or her              Article 11 of Regulation (EEC) No 1612/68 and Articles
principal residence before seeking the right of residence        2 to 9 of Directive 64/221/EEC shall apply to benefi-
in a Member State on the basis of this Directive.                ciaires of this Directive.
                          Article 2
                                                                                            Article 3
1.     Right of residence shall be established by means of
the issue of a document known as a 'European                     Member States shall bring into force the laws, regu-
Communities residence permit' whose validity may be              lations and administrative provisions necessary to comply
limited to the duration of the course of studies in              with this Directive by 31 December 1990. They shall
question. The residence permit shall be renewed                  immediately communicate the measures taken to the
annually, subject to the third subparagraph. Where a             Commission.
member of the family does not hold the nationality of a
Member State, he or she shall be issued with a residence
permit with the same validity as that issued to the              The provisions adopted pursuant to the first paragraph
national on whom he or she depends.                              shall make express reference to this Directive.
For the purpose of issuing the residence permit, the
Member State may require only that the applicant                                            Article 4
present an identity document and provide proof that he
or she meets the conditions laid down in Article 1 (1).          This Directive is addressed to the Member States.
              Proposal for a Council Directive on the right of residence for employees and self-employed
                                    persons who have ceased their occupational activity
                                               COM(89) 275 final — SYN 200
                                       (Submitted by the Commission on 26 June 1989)
                                                        (89/C 191/03)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          Whereas    Article 8a lays down that the internal market
                                                                  must be   established by 31 December 1992; whereas the
 Having regard to the Treaty establishing the European            internal   market comprises an area without internal
 Economic Community, in particular Articles 49 and 54             frontiers  in which freedom of movement for persons is
 thereof,                                                         ensured;
 Having regard to the proposal from the Commission,
 In cooperation with the European Parliament,                     Whereas Articles 48 and 52 of the EEC Treaty provide
                                                                  for freedom of movement for workers and self-employed
 Having regard to the opinion of the Economic and                 persons, which implies the right of residence in the
 Social Committee,                                                Member State in which they pursue their occupational
                                                                  activity; whereas this right of residence should be
 Whereas Article 3c of the Treaty lays down that the acti-        granted not only during the active part of their working
 vities of the Community shall include the abolition, as          life, but also during the non-active part, even if they
 between Member States, of obstacles to freedom of                have not exercised their right to freedom of movement
 movement for persons;                                            during the first part of their working life;