CELEX: 51988PC0815(02)
Language: en
Date: 1989-03-29
Title: PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING DIRECTIVE 68/360/EEC ON THE ABOLITION OF RESTRICTIONS ON MOVEMENT AND RESIDENCE WITHIN THE COMMUNITY FOR WORKERS OF MEMBER STATES AND THEIR FAMILIES

N o C 100/8                            Official Journal of the European Communities                                    21. 4. 89
              Proposal for a Council Regulation (EEC) amending Directive 68/360/EEC on the abolition of
              restrictions on movement and residence within the Community for workers of Member States
                                                      and their families
                                               COM(88) 815 final — SYN 185
                               (Submitted by the Commission to Council on 11 January 1989)
                                                        (89/C 100/07)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          HAS ADOPTED THIS DIRECTIVE:
Having regard to the Treaty establishing the European
                                                                                              Article 1
Economic Community and in particular Article 49
thereof,                                                          Directive 68/360/EEC is hereby amended as follows:
Having regard to the proposal from the Commission,                 1. In Article 4 (2), the first sentence is replaced by the
                                                                      following:
In cooperation with the European Parliament,
                                                                      'As proof of the right of residence, a document
Having regard to the opinion of the Economic and                      entitled "European Communities Residence Card"
Social Committee,                                                     shall be issued.'
Whereas Council Directive 68/360/EEC (') of 15                     2. In Article 4 (3), the beginning of the sentence is
October 1968 on the abolition of restrictions on                      replaced by the following:
movement and residence within the Community for
workers of Member States and their families as last                   'For the issue of a European Communities Residence
amended by the Act of Accession of Spain and Portugal,                 Card . . . ' .
lays down the circumstances in which these restrictions
are abolished or alleviated for persons covered by
Council Regulation (EEC) No 1612/68 (2), as last                   3. The following is added to Article 4 (3), first indent,
amended by Regulation (EEC) No . . . / . . . ;                        point(b):
Whereas Council Regulation (EEC) No                  .../...           'in the cases referred to in Article 6 (4), a certificate
amended Regulation (EEC) No 1612/68 to extend the                     proving the worker's entitlement to unemployment
personal scope of the latter, whereas the need has conse-             benefit issued in the host State;'.
quently emerged to adapt the provisions of Directive
68/360/EEC in line with those amendments, both as                  4. Article 4 (3), second indent, point (e) is replaced by
regards workers and members of their families who are                  the following:
nationals of a Member State and as regards members of
their families who are not nationals of a Member State;                '(e) For the members of the family as referred to in
                                                                             Article 10 (1) (c) of Regulation (EEC) No
Whereas the procedures linked to the issue of residence                      1612/68 a document issued by the competent
cards and related documents have in many cases proved                        authority of the State whence they came or of
too long and the costs very high and these difficulties                      the State of origin certifying that they are
constitute an objective obstacle to the organization of                      dependent on the worker or the spouse or that
the daily lives of those concerned and a constraint on                       they live under his roof or that of the spouse in
their integration into the host country;                                     that country.'
Whereas, from the point of view of stability of residence,         5. Article 4 (4) is deleted.
 account should be taken of the new conditions obtaining
on the employment market, particularly as regards the
 increase in precarious and intermittent employment;               6. The following paragraph is added to Article 5:
                                                                        'These formalities shall be completed as quickly as
Whereas in the context of the People's Europe, the
                                                                       possible.'
 feeling of belonging to a European people should be
 promoted by entitling the residence card 'European
 Communities Residence Card',                                      7. Article 6 (1) (b) is replaced by the following:
                                                                        '(b) must be valid for at least five years from the
 0) OJ No L 257, 19. 10. 1968, p. 13.                                        date of issue; it shall be automatically renewable
 O OJ No L 257, 19. 10. 1968, p. 2.                                          for periods of 10 years.'
 ---pagebreak--- 21. 4. 89                             Official Journal of the European Communities                               No C 100/9
 8. In Article 6 (2), the following words are inserted           13. Article 7 (2) is deleted.
    after 'military service':
                                                                 14. Article 9 (1) is replaced by the following:
    'or for medical reasons, maternity or study, or in the
    event of secondment as described in Article 9 a of               '1.    The residence documents and supporting
    Regulation (EEC) No 1612/68,'.                                   documents granted to persons enjoying the rights
                                                                     conferred by this Directive shall be issued and
 9. In Article 6 (3), the following subparagraph is                  renewed free of charge or on payment of an amount
    inserted after the first:                                        not exceeding the dues and taxes charged for the
    'However, when the worker has held several                       issue of identity cards to nationals.'
    successive temporary jobs for a total period of not
    less than twelve months, within an uninterrupted             15. The following paragraph is added to Article 9:
    residence period of eighteen months, the host
                                                                     '4.    Presentation of the residence card may not be
    Member State shall issue to him the residence card
                                                                     demanded on crossing frontiers.'
    referred to in paragraph 1 on presentation of a
    confirmation of engagement or a certificate of
    employment even for a period of less than one year.'         16. The wording of the statement contained in the
                                                                     Annex to the Directive and provided for in Article 4
10. In Article 6, the following is added:                            (2) is replaced by the following:
    '4.    Where the worker has been employed for a                  'This card is issued pursuant to Council Regulation
    period exceeding three months but not exceeding                  (EEC) No 1612/68 of 15 October 1968 and to the
    one year in the host State and has acquired an entit-            measures taken in implementation of Council
    lement to unemployment benefit under the legis-                  Directive 68/360/EEC of 15 October 1968.
    lation of the said State, the residence card issued to
    him under the first subparagraph of paragraph 3                  In accordance with the abovementioned Regulation,
    shall be automatically renewable until his entitlement           the holder of this card has the right to take up and
                                                                     pursue an activity as an employed person on . . . (')
    to unemployment benefit has expired.
                                                                     territory under the same conditions as . . . (')
    Where the worker has been employed for a period                  nationals.
    of less than three months in the host State and has
    acquired an entitlement to unemployment benefit                  (') Nationality of State issuing the card.'
    under the legislation of the said State, the latter shall
    issue to him a residence card valid for three months
    which is automatically renewable until his entit-                                        Article 2
    lement to benefit has expired.'
                                                                Member States shall take the measures necessary to
11. In Article 7 (1), the words 'as a result of illness or      comply with this Directive within six months of its notifi-
    accident' are replaced by the words 'as a result of         cation and shall forthwith inform the Commission
    illness, accident or maternity'.                            thereof.
12. In Article 7 (1), the following subparagraph is             The provisions adopted pursuant to the first paragraph
    added:                                                      shall make express reference to this Directive.
    'When the residence card expires during a period of                                     Article 3
    incapacity for work, it shall be automatically
    renewed in accordance with Article 6.'                      This Directive is addressed to the Member States.