CELEX: 51979PC0215
Language: en
Date: 1979-07-25
Title: PROPOSAL FOR A COUNCIL DIRECTIVE ON A RIGHT OF RESIDENCE FOR NATIONALS OF MEMBER STATES IN THE TERRITORY OF ANOTHER MEMBER STATE

N o C 207/14                           Official Journal of the European Communities                                   17. 8. 79
              Proposal for a Council Directive on a right of residence for nationals of Member States
                                        in the territory of another Member State
                              (Submitted by the Commission to the Council on 31 July 1979)
THE COUNCIL OF THE EUROPEAN                                      Whereas Directive 6 4 / 2 2 1 / E E C should also apply to
COMMUNITIES,                                                     nationals of Member States moving within the
                                                                 Community independently of the pursuit of an
                                                                 economic activity;
Having regard to the Treaty establishing the
European Economic Community, and in particular
Articles 56 (2) and 235 thereof,
Having regard to the proposal from the Commission,               HAS ADOPTED THIS DIRECTIVE:
Having regard to the opinion of the European Par-
liament,                                                                                      Article 1
Having regard to the opinion of the Economic and                 1.     Member States shall, under the conditions laid
Social Committee,                                                down in this Directive, abolish restrictions on
                                                                 movement and residence in respect of nationals of
                                                                 another Member State who reside or wish to reside in
Whereas the Member States, in signing the Treaty
                                                                 their territory and who are not covered by the
establishing the European Economic Community,
                                                                 provisions of Directive 6 8 / 3 6 0 / E E C ( 2 ), Regulation
have declared themselves 'determined to lay the foun-
                                                                 (EEC) N o 1251/70 O , Directive 7 3 / 1 4 8 / E E C (4) or
dations of an ever closer union among the peoples of             Directive 7 5 / 3 4 / E E C (5).
Europe'; whereas to this end they have provided for
the removal in the Member States of obstacles to the
free movement of persons;                                        2.     They shall abolish these restrictions in respect of
                                                                 members of those nationals' families who do not
Whereas, to achieve this objective, the Treaty has               personally come within the conditions laid down in
provided for powers to take action to ensure freedom             Article 4 (2) and who reside with those nationals on
of movement for workers and self-employed persons;               the territory of the host Member State.
whereas, however, no provision has been made for
powers to take action with regard to freedom of                  'Members of the family' of nationals of a Member
movement for persons independently of the pursuit of             State means:
an occupational activity;
                                                                 (a) the spouse and relatives in the descending line
                                                                      who are either dependent or under 18 and their
Whereas, however, freedom of movement of persons                      spouses;
is, by virtue of Article 3 (c) of the Treaty, one of the
foundations of the Community and can be fully                    (b) the dependent relatives in the ascending line and
attained only if a right of permanent residence is                    those of their spouse, irrespective of their
granted to those Community nationals in whom such                     nationality.
right does not already vest under the Community law
in force, and to the members of their family;
                                                                 3.     Member States shall favour the admission of any
                                                                 other member of the family of a national referred to
Whereas the exercise of this right may, however, be              in paragraph 1 or of the spouse of that national,
made subject to economic conditions;                             when that member is dependent on them or was
                                                                 living under the same roof in the country of origin.
Whereas Directive 64/221 / E E C (') coordinated
special measures concerning the movement and
residence of foreign nationals which are justified on
grounds of public policy, public security or public              (2) OJ  No L 257, 19. 10. 1968.
health;                                                          (3) OJ  No L 142, 30. 6. 1970.
                                                                 (4) OJ  No L 172, 28. 6. 1973.
(') OJ No 56, 4. 4. 1964, p. 850/64.                             (') OJ  No L 14, 20. 1. 1975.
 ---pagebreak--- 17. 8. 79                         Official Journal of the European Communities                            No C 207/15
                         Article 2                            or wish to study in the host Member State may
                                                              provide such proof by showing that their means of
1.    Member States shall grant the persons referred          subsistence derive from a relative in the ascending line
to in Article 1 the right to leave their territory. Such      who does not live with them in the host country.
right shall be exercised simply on production of a
valid identity card or passport. Members of the family         Member States may not require such resources to be
shall enjoy the same right as the national on whom            greater than the minimum subsistence level defined
they are dependent.                                           under their law.
                                                               3.    The Member States recognize a permanent right
2.    Member States shall, acting in accordance with          of residence for members of the family referred to in
their laws, issue to their nationals, or renew, an            Article 1 (2) of any one who possesses such right by
identity card or passport, which shall state in               virtue of the preceding paragraph. This provision
particular the holder's nationality.                          applies even after the decease of the interested party.
3.    The passport shall be valid at least for all
Member States and for countries through which the
                                                                                        Article 5
holder must pass when travelling between Member
States. Where a passport is the only document on
which the holder may lawfully leave the country, its           1.     The right of residence shall be evidenced by
period of validity shall be not less than five years.          issue of a document entitled 'Residence Permit for a
                                                               National of a Member State of the European
                                                               Community'. This document shall be valid for not less
4.    Member States may not demand from the                    than five years from the date on which it is issued.
persons referred to in Article 1 any exit visa or
equivalent requirement.                                        The residence permit shall be automatically renewable
                                                               except at the end of the first period for which it is
                                                               valid if it is proved that the condition referred to in
                                                               Article 4 (2) is no longer satisfied. Nevertheless, this
                                                               exception shall not apply to members of the family
                          Article 3                            referred to in Article 1 in the event of the death of
                                                               the national on whom they are dependent.
1.    Member States shall grant to the persons
referred to in Article 1 the right to enter their              2.     Breaks in residence not           exceeding    12
territory merely on production of a valid identity card        consecutive months and absence on military service or
or passport.                                                   civil service done instead of military service or
                                                               absence on medical grounds shall not affect the
                                                              validity of the residence permit.
2.     No entry visa or equivalent requirement may be
demanded save in respect of members of the family
                                                               3.     A member of the family who is not a national of
who do not have the nationality of a Member State.
                                                               a Member State shall be issued with a residence
Member States shall afford to such persons every
                                                               document which shall have the same validity as that
facility for obtaining any necessary visas.
                                                               issued to the national on whom he is dependent.
                                                                                        Article 6
                         Article 4
                                                               For the issue of the residence permit, Member States
1.    Member States shall grant the right of                   may require only the production of the following
permanent residence to citizens of another Member              documents:
State referred to in Article 1(1) who reside or wish to
reside in their territory.
                                                               — by the applicant:
2.     Nevertheless, the Member States may require                  (a) the document under cover of which            he
those citizens to provide proof of sufficient resources                 entered their territory,
to provide for their own needs and the dependent
 members of their family referred to in Article 1(a) (2).           (b) documents proving that he has at his disposal
 Citizens of at least 18 years of age who are studying                  the resources referred to in Article 4 (2);
 ---pagebreak--- N o C 207/16                         Official Journal of the European Communities                            17. 8. 79
— by the members of the family:                              3.    Member States shall take the necessary steps to
                                                             simplify as much as possible the formalities and pro-
    (c) the document under cover of which they
                                                             cedures for obtaining the documents mentioned in
        entered the territory,
                                                             paragraph 1.
    (d) a document issued by the competent authority
        of the State of origin or the State whence they
        came proving their family relationship,                                        Article 9
    (e) in the cases referred to in Article 1 (2) and         1.   Member States shall not derogate from the
         (3), a document issued by the competent             provisions of this Directive save on grounds of public
        authority of the State of origin or the State        policy, public security or public health.
        whence they came, certifying that they are
        dependent on the relative or live with him in
                                                             2.    Directive 6 4 / 2 2 1 / E E C shall apply  to   the
        this country.
                                                             persons covered by this Directive.
                        Article 7
                                                                                      Article 10
The right of residence shall be effective throughout
                                                             1.    Member States shall, within 12 months of
the territory of the Member State concerned.
                                                             notification of this Directive, bring into force the
                                                             measures necessary to comply with its provisions and
                                                             shall forthwith inform the Commission thereof.
                        Article 8
                                                             2.    After notification of this Directive, Member
1.    The residence documents granted to nationals of        States shall moreover inform the Commission,
a Member State shall be issued and renewed free of           allowing sufficient time for it to submit its obser-
charge or on payment of an amount not exceeding              vations, of any subsequent draft laws, regulations or
the dues and taxes charged for the issue of identity         administrative provisions which they propose to adopt
cards to nationals. These provisions shall also apply to     in the field covered by this Directive.
documents and certificates required for the issue and
renewal of such residence documents.
                                                                                      Article 11
2.    The visas referred to in Article 3 (2) shall be
free of charge.                                              This Directive is addressed to the Member States.