CELEX: 51988PC0815(01)
Language: en
Date: 1989-03-29
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING REGULATION ( EEC ) NO 1612/68 ON FREEDOM OF MOVEMENT FOR WORKERS WITHIN THE COMMUNITY

No C 100/6                            Official Journal of the European Communities                                 21. 4. 89
                                                              II
                                                      (Preparatory Acts)
                                                 COMMISSION
              Proposal for a Council Regulation (EEC) amending Regulation (EEC) No 1612/68 on freedom
                                      of movement for workers within the Community
                                               COM(88) 815 final — SYN 185
                             (Submitted by the Commission to the Council of 11 January 1989)
                                                        (89/C 100/06)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          the mobility of workers which still exist on the level of
                                                                  individual rights, in particular those taking the form of
Having regard to the Treaty establishing the European             limitations placed by the condition of territorialy on the
Economic Community, and in particular Article 49                  application of equal treatment and the restritions
thereof,                                                          imposed by the provisions currently in force on the right
                                                                  of family reunification, should be removed;
In cooperation with the European Parliament,
                                                                  Whereas in its Resolution of 16 July 1985 (3) on
                                                                  guidelines for a Community migration policy, the
Having regard to the opinion of the Economic and                  Council recognized that in the field of the Community
Social Committee,                                                 rules relating to the free movement of workers, priority
                                                                  must be assigned to improving the application of the
                                                                  rules, in particular by making such amendments or
Whereas, under the terms of Article 8a of the Treaty, the         additions to them as may be deemed necessary;
Community is to adopt measures with the aim of
progressively establishing the internal market over a
period expiring on 31 December 1992 and the internal              Whereas control by the Member States over the
market is to comprise an area without internal frontiers          application of the principle of equal treatment should be
in which the free movement of persons is ensured in               strengthened,
accordance with the provisions of the Treaty;
                                                                  HAS ADOPTED THIS REGULATION:
Whereas it is important to prevent the situation of
workers of the Member States who move for reasons of
employment and that of members of their families from                                       Article 1
deteriorating, more especially in view of the fact that the
provisions currently in force no longer fully meet the            Regulation (EEC) No 1612/68 is hereby amended as
requirements of a society undergoing important changes;           follows:
                                                                    1. The following paragraph is added to Article 5:
Whereas there is an imperative need to adapt the
provisions of Council Regulation (EEC) No 1612/68 ('),
as amended by Regulation (EEC) No 312/76 (2), to the                   'He shall also receive the aid to promote mobility
new socio-economic context and to consolidate the                      and recruitment available to nationals travelling
accumulated rulings of the Court of Justice of the                     either within the country or to other Member or
European Communities by incorporation the principles                   non-Member States to take up an activity as an
enunciated by the Court into the legislation of the                    employed person.'
Community;
                                                                    2. In Article 7(3), the second part of the sentence after
Whereas, in view of the prospective completion of the                  'national workers' is replaced by the following:
internal market and in order to ensure that the effective
exercise of the fundamental right of free movement is as               'have access to vocational training, readaptation and
complete as possible, it is important that any obstacles to            retraining'.
(*) OJ No L 257, 19. 10. 1968, p. 2.
O OJ No L 39, 14. 2. 1976, p. 2.                                  O OJ No C 186, 26. 7. 1985, p. 3.
 ---pagebreak--- 21. 4. 89                              Official Journal of the European Communities                             No C 100/7
 3. The following paragraph is added to Article 7:                    The death of the worker on whom the members of
                                                                      the family are dependent or the dissolution of the
    '5.      A Member State whose laws, regulations or
                                                                      marriage shall not affect that right.'
    administrative provisions attribute legal effect or
    make social or tax advantages subject to the
                                                                   9. Article 12 is replaced by the following:
    occurrence of certain facts or events shall, where
    necessary, take into account the said facts or events              Article 12
    which occurred in any other Member State as if they
    had occurred on the national territory.'                          The members of the family of a worker referred to
                                                                      in Article 10 who are resident in the territory of the
 4. In the first paragraph of Article 8, the following is             Member State in which the worker is or has been
    added after the words 'holding an office governed                 employed shall enjoy the same social advantages as
    by public law':                                                   the nationals of that State; they shall also be
                                                                      admitted to general educational, apprenticeship and
    'in so far as the activities in question are connected
                                                                      vocational training courses of university or
    with the exercise of official authority'.
                                                                      non-university level on the same terms as the
 5. The following is added to Article 9 (1): 'and loans               nationals of that State.
    and grants'.
                                                                      Member States shall encourage all efforts to enable
 6. A new Article 9a is inserted:                                     such persons to attend these courses under the best
                                                                      possible conditions and shall take action to simplify
     'Article 9a:                                                     the formalities so that the costs of opening a
    — The provisions of Title II shall apply to any                   personal file are similar to those for nationals of the
    national of a Member State who is sent by his                     State.'
    employer, exercising an activity in the territory of a
    Member State, to perform his contractual duties               10. A new Article 12a is inserted:
    either in another Member State or outside the                      Article 12a
    territory of the Community.'
                                                                      The provisions of Title III shall also apply to the
 7. Article 10(1) is replaced by the following:                       members of the family of a national worker who is
     'Article 10                                                      seconded as described in Article 9a.'
    The following shall, even if they are not nationals of        11. Article 43 is replaced by the following:
    a Member State, have the right to install themselves
    with the national of a Member State who is                         Article 43
    employed in the territory of a Member State:
                                                                      1.     Member States shall take such measures as are
    (a) the spouse and their descendants;                             necessary to ensure the application by all natural and
    (b) relatives in the ascending line of the worker or              legal persons of the principle of equal treatment in
                                                                      the fields covered by this Regulation and to curb any
          the spouse;
                                                                      infringement of that principle.
    (c) any other member of the family dependent on or
          living under the roof of the worker or the spouse           2.     Member States shall, for information purposes,
          in the country whence they come.'                           communicate to the Commission the texts of
                                                                      agreements, conventions or arrangements concluded
 8. Article 11 is replaced by the following:                          between them in the manpower field between the
                                                                      date of their being signed and that of their entry into
     Article 11
                                                                      force.'
    The members of the family of a worker referred to
    in Article 10 pursuing an activity as an employed or          12. In Article 47, reference to Articles 5 and 9a is
    self-employed person in the territory of a Member                 inserted between the references to Articles 3 and 10.
    State who do not have the nationality of a Member
    State shall have the right to take up any activity as                                   Article 2
    an employed person throughout the territory of that
    same State, and to perform that activity in                  This Regulation shall enter into force on . . . .
    accordance with the provisions laid down by law,
    regulation or administrative action governing the            This Regulation shall be binding in its entirety and
    employment of nationals of that State.                       directly applicable in all Member States.