CELEX: 51989PC0675(01)
Language: en
Date: 1989-12-22
Title: AMENDED PROPOSAL FOR A COUNCIL DIRECTIVE ON THE RIGHT OF RESIDENCE FOR STUDENTS

3. 2. 90                             Official Journal of the European Communities                            No C 26/15
                                                            II
                                                     (Preparatory Acts)
                                                COMMISSION
                  Amended proposal for a Council Directive on the right of residence for students (')
                                              COM(89) 675 final — SYN 199
             (Submitted by the Commission pursuant to Article 149(3) of the EEC Treaty on 21 December
                                                           1989)
                                                       (90/C 26/17)
             (') OJ No C 191, 28. 7. 1989, p. 2. (COM(89) 275 final — SYN 199).
                    ORIGINAL PROPOSAL                                                 AMENDED PROPOSAL
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                         THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European             Having regard to the Treaty establishing the European
Economic Community, in particular the second                      Economic Community, in particular the second
paragraph of Article 7 thereof,                                  paragraph of Article 7 thereof,
Having regard to the proposal from the Commission,                Having regard to the proposal from the Commission,
In cooperation with the European Parliament,                      In cooperation with the European Parliament,
Having regard to the opinion of the Economic and                  Having regard to the opinion of the Economic and
Social Committee,                                                 Social Committee,
Whereas Article 3c of the Treaty lays down that the acti-        Whereas Article 3c of the Treaty lays down that the acti-
vities of the Community shall include the abolition, as          vities of the Community shall include the abolition, as
between Member States, of obstacles to freedom of                between Member States, of obstacles to freedom of
movement for persons;                                             movement for persons;
Whereas Article 8a lays down that the internal market            Whereas Article 8a lays down that the internal market
must be established by 31 December 1992; whereas the              must be established by 31 December 1992; whereas the
internal market is to comprise an area without internal           internal market is to comprise an area without internal
frontiers in which the freedom of movement for persons            frontiers in which the freedom of movement for persons
is ensured;                                                       is ensured;
Whereas, as the Court of Justice has ruled, Articles 128         Whereas, as the Court of Justice has ruled, Articles 128
and 7 of the EEC Treaty prohibit any discrimination               and 7 of the EEC Treaty prohibit any discrimination
between nationals of the Member States as regards                 between nationals of the Member States as regards
access to vocational and professional training in the             access to vocational and professional training in the
Community;                                                        Community;
 ---pagebreak---  No C 26/16                             Official Journal of the European Communities                                   3. 2. 90
                     ORIGINAL PROPOSAL                                                 AMENDED PROPOSAL
Whereas equal access to        vocational and professional        Whereas equal access to vocational and professional
training presupposes being   present on the territory of the      training presupposes being present on the territory of the
Member State where the        training is given and conse-        Member State where the training is given and conse-
quently implies the need      to lay down rules ensuring          quently implies the need to lay down rules ensuring
equal treatment;                                                  equal treatment;
                                                                  Whereas the right of residence for students forms part of
                                                                  a set of related decisions designed to promote vocational
                                                                  training and to bring about the freedom of estab-
                                                                  lishment;
                                                                  Whereas disparities between the Member States as to
                                                                  student-related measures can be lessened by action in
                                                                  connection with the social dimension of the internal
                                                                  market, though, pending this, such disparities must not
                                                                  act as an impediment to freedom of movement or to
                                                                  right of residence for Community citizens;
Whereas students are only rarely beneficiaires of social          Whereas students are only rarely beneficiaires of social,
assistance; whereas, however, the costs of social                 assistance; whereas, however, the costs of social
assistance granted in the host Member State to a student          assistance granted in the host Member State to a student
who has no legal connection with that Member State                who has no legal connection with that Member State
other than the mere fact that he or she has gone there to         other than the mere fact that he or she has gone there to
undergo vocational or professional training, should not           undergo vocational or professional training, should not
be borne by that State but by the Member State from               be borne by that State but by the Member State from
which he or she comes;                                            which he or she comes;
Whereas it is necessary for the Member States to adopt            Whereas it is necessary for the Member States to adopt
the administrative measures to facilitate residence               the administrative measures to facilitate residence
without discrimination;                                           without discrimination;
Whereas the exercise of the right of residence becomes a          Whereas the exercise of the right of residence becomes a
genuine possibility only if it is granted to the spouse and       genuine possibility only if it is granted to the spouse and
dependent children;                                               dependent children;
Whereas the beneficiaries of this Directive should         be     Whereas the beneficiaries of this Directive should         be
covered by the same administrative arrangements            as     covered by the same administrative arrangements            as
those laid down in particular in Regulation (EEC)        No       those laid down in particular in Regulation (EEC)         No
1612/68 of the Council (»), Directive 68/360/EEC of       the     1612/68 of the Council ( l ), Directive 68/360/EEC of     the
Council (2), and Directive 64/221/EEC of                 the      Council (2), and Directive 64/221/EEC               of    the
Council ( J );                                                    Council ( 3 );
Whereas this Directive does not apply to students who             Whereas this Directive does not apply to students who
enjoy the right of residence by virtue of the fact that           enjoy the right of residence by virtue of the fact that
they are or have been effectively engaged in economic             they are or have been effectively engaged in economic
activities or are members of the family of a migrant              activities or are members of the family of a migrant
worker,                                                           worker,
(') OJ No L 257, 19. 10. 1968, p. 2.                              O OJ No L 257, 19. 10. 1968, p. 2.
(2) OJ No L 257, 19. 10. 1968, p. 13.                             O OJ No L 257, 19. 10. 1968, p. 13.
(') OJ No 56, 4. 4. 1964, p. 850/64.                              O OJ No 56, 4. 4. 1964, p. 850/64.
 ---pagebreak--- 3. 2. 90                              Official Journal of the European Communities                             No C 26/17
                      ORIGINAL PROPOSAL                                               AMENDED PROPOSAL
HAS ADOPTED THIS DIRECTIVE:                                     HAS ADOPTED THIS DIRECTIVE:
                           Article 1                                                      Article 1
 1.   Member States shall adopt the necessary measures           1.   Member States shall adopt the necessary measures
to facilitate exercise of the right of residence to ensure      to facilitate exercise of the right of residence to ensure
access to vocational training without discrimination.           access to vocational training without discrimination.
Accordingly, they shall recognize the right of residence        Accordingly, they shall recognize the right of residence
of any student who is a national of a Member State and          of any student who is a national of a Member State and
who does not enjoy this right under another Community           who does not enjoy this right under another Community
measure, and of the student's spouse and dependent              measure, and of the student's spouse and dependent
children, provided the student is enrolled in an educa-         children, provided the student is enrolled in an educa-
tional establishment for the purpose of following voca-         tional establishment for the purpose of following voca-
tional or professional training courses there and that they     tional or professional training courses there and that they
are covered by a sickness insurance scheme.                     are covered by a sickness insurance scheme.
2.    Nationals of Member States who plan to follow             2.    Nationals of Member States who plan to follow
vocational training courses and members of their family         vocational training courses and members of their family
shall be entitled to become members of the sickness             shall be entitled to become members of the sickness
insurance scheme of the host country under the same             insurance scheme of the host country under the same
conditions as nationals.                                        conditions as nationals.
3.    Where the social security system of the host              3.    Where the social security system of the host
Member State has to intervene on behalf of a student            Member State has to intervene on behalf of a student
referred to in paragraph 1, the benefit shall be granted in     referred to in paragraph 1, the benefit shall be granted in
accordance with the rules of that State. At the request of      accordance with the rules of that State. At the request of
the host Member State, the Member State of origin shall         the host Member State, the Member State of origin shall
reimburse the amount of benefit granted. For the                reimburse the amount of benefit granted. For the
purpose of this Directive, 'Member State of origin' shall       purposes of this Directive, 'Member State of origin' shall
mean that State in which the student had his or her             mean that State in which the student had his or her
principal residence before seeking the right of residence       principal residence before seeking the right of residence
in a Member State on the basis of this Directive.               in a Member State on the basis of this Directive.
                           Article 2                                                      Article 2
1.    Right of residence shall be established by means of        1.   Right of residence shall be established by means of
the issue of a document known as a 'European                    the issue of a document known as a 'European
Communities residence permit' whose validity may be             Communities residence permit' whose validity may be
limited to the duration of the course of studies in             limited to the actual duration of the course of studies in
question. The residence permit shall be renewed                 question. The residence permit shall be renewed
annually, subject to the third subparagraph. Where a            annually, subject to the third subparagraph. Where a
member of the family does not hold the nationality of a         member of the family does not hold the nationality of a
Member State, he or she shall be issued with a residence        Member State, he or she shall be issued with a residence
permit with the same validity as that issued to the             permit with the same validity as that issued to the
national on whom he or she depends.                             national on whom he or she depends.
For the purpose of issuing the residence permit, the            For the purpose of issuing the residence permit, the
Member State may require only that the applicant                Member State may require only that the applicant
present an identity document and provide proof that he          present an identity document and provide proof that he
or she meets the conditions laid down in Article 1 (1).         or she meets the conditions laid down in Article 1 (1).
 ---pagebreak---  No C 26/18                           Official Journal of the European Communities                                  3. 2. 90
                      ORIGINAL PROPOSAL                                               AMENDED PROPOSAL
 Where a Member State has sought reimbursement of                Where a Member State has sought reimbursement of
 social assistance costs under Article 1 (3), the residence      social assistance costs under Article 1 (3), the residence
 permit may be renewed only with the prior agreement of          permit may be renewed only with the prior agreement of
 the Member State of origin.                                     the Member State of origin.
 2. Articles 2, 3, 9 and 10 of Directive 68/360/EEC,             2. Articles 2, 3, 9 and 10 of Directive 68/360/EEC,
Article 11 of Regulation (EEC) No 1612/68 and Articles          Article 11 of Regulation (EEC) No 1612/68 and Articles
 2 to 9 of Directive 64/221/EEC shall apply to benefi-           2 to 9 of Directive 64/221/EEC shall apply to benefi-
 ciaires of this Directive.                                      ciaries of this Directive.
                                                                The beneficiaries of this Directive shall enjoy all the
                                                                rights deriving from Regulation (EEC) No 1612/68,
                                                                Directives 68/360/EEC and 64/221/EEC and the legal
                                                                provisions amending them.
                                                                                           Article 3
                                                                Before the end of the second year following the entry
                                                                into force of this Directive, and every three years
                                                                thereafter, the Commission shall draw up a report on the
                                                                implementation of this Directive which it shall submit to
                                                                the Council and the European Parliament.
                           Article 3                                                       Article 4
Member States shall bring into force the laws, regu-            Member States shall bring into force the laws, regu-
lations and administrative provisions necessary to comply       lations and administrative provisions necessary to comply
with this Directive by 31 December 1990. They shall             with this Directive by 31 December 1990. They shall
immediately communicate the measures taken to the               immediately communicate the measures taken to the
Commission.                                                     Commission
The provisions adopted pursuant to the first paragraph          The provisions adopted pursuant to the first paragraph
shall make express reference to this Directive.                 shall make express reference to this Directive.
                          Article 4                                                       Article 5
This Directive is addressed to the Member States.               This Directive is addressed to the Member States.