CELEX: 51980PC0358
Language: en
Date: 1980-06-27
Title: Amended proposal for a Council Directive on a right of residence for nationals of Member States in the territory of another Member State

25.7.80                            Official Journal of the European Communities                                  N o C 188/7
                                                             II
                                                     (Preparatory Acts)
                                               COMMISSION
               Amended 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 1 July 1980 pursuant to the second
                                        paragraph of Article 149 of the EEC Treaty)
                      ORIGINAL VERSION                                                 N E W P R O P O S A L (»)
T H E C O U N C I L OF T H E EUROPEAN                            unchanged
COMMUNITIES,
Having regard to the Treaty establishing the                     Having regard to the Treaty establishing the
European Economic Community, and in particular                   European Economic Community, and in particular
Articles 56 (2) and 235 thereof,                                 Articles 235 and 56 (2) thereof,
Having regard to the proposal from the Commission,               unchanged
Having regard to the opinion of the European Par-
 liament,
Having regard to the opinion of the Economic and
Social Committee,
Whereas the Member States, in signing the Treaty                 unchanged
establishing the European Economic Community,
have declared themselves 'determined to lay the foun-
dations of an ever closer union among the peoples of
Europe'; whereas, to this end, they have provided for
the removal in the Member States of obstacles to the
free movement of persons;
(') OJ N o C 207, 17. 8. 1979, p. 14.                             (*) The modifications of the original version are underlined.
 ---pagebreak--- N o C 188/8                            Official Journal of the European Communities                             25. 7. 80
                     ORIGINAL TEXT                                                 AMENDED TEXT
Whereas, to achieve this objective, the Treaty has              unchanged
provided for powers to take action to ensure freedom
of movement for workers and self-employed persons;
whereas, however, no provision has been made for
powers to take action with regard to freedom of
movement for persons independently of the pursuit of
an occupation activity;
Whereas, however, freedom of movement of persons                unchanged
is by virtue of Article 30 of the Treaty one of the
foundations of the Community and can be fully
attained only if a right of permanent residence is
granted to those Community nationals in whom such
right does not already vest under the Community law
in force, and to the members of their family;
Whereas the exercise of this right may, however, be             unchanged
made subject to economic conditions;
Whereas Directive 64/221/EEC (') coordinated                    Whereas Directive 64/221 / E E C ('), which is based on
special measures concerning the movement and                    Article 56 (2) of the EEC Treaty, coordinated special
residence of foreign nationals which are justified on           measures concerning the movement and residence of
grounds of public policy, public security or public             foreign nationals which are justified on grounds of
health;                                                         public policy, public security or public health;
Whereas Directive 64/221/EEC should also apply to               unchanged
nationals of Member States moving within the
Community independently of the pursuit of an
economic activity,
                                                                Whereas, therefore, for the sole purpose of extending the
                                                                application of those provisions, this Directive should
                                                                also be based on Article 56 (2) of the EEC Treaty;
HAS ADOPTED THIS DIRECTIVE:
                          Article 1                                                      Article 1
 1.   Member States shall, under the conditions laid            unchanged
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
their territory and who are not covered by the
provisions of Directive 68/360/EEC (2), Regulation
(EEC) No 1251/70 ('), Directive 73/148/EEC (4) or
Directive 75/34/EEC (5).
 {') OJ No 56 of 4. 4. 1964, p. 850/64
 O   OJ No L 257, 19. 10. 1968.
 O   OJ No L 142, 30. 6. 1970.
 (J) OJ No L 172, 28. 6. 1973.
 C)  OJ No L 14, 20. 1. 1975.
 ---pagebreak--- 25. 7. 80                         Official Journal of the European Communities                            No C 188/9
                      ORIGINAL TEXT                                               AMENDED TEXT
2.     They shall abolish these restrictions in respect of    2.    They shall abolish these restrictions in respect of
 members of those nationals' families who do not              members of those nationals' families who do not
personally come within the conditions laid down in            personally come within the conditions laid down in
Article 4 (2) and who reside with those nationals on          Article 4 (2) and who also reside on the territory of
 the territory of the host Member State.                      the host Member State.
'Members of the family' of nationals of a Member              'Members of the family' of nationals of a Member
State means:                                                  State means:
                                                              (a) unchanged
(a) the spouse and relatives in the descending line
      who are either dependent or under 18 and their
      spouses,
 (b) the dependent relatives in the ascending line and        (b) unchanged
      those of their spouse,
 irrespective of their nationality.
 3.     Member States shall favour the admission of any       unchanged
 other member of the family of a national referred to
 in paragraph 1 or of the spouse of that national,
when that member is dependent on them or was
 living under the same roof in the country of origin.
                          Article 2                                                    Article 2
 1.     Member States shall grant the persons referred         1.   Member States shall grant the persons referred
 to in Article 1 the right to leave their territory. Such     to in  Article 1 the right to leave their territory. Such
 right shall be exercised simply on production of a           right  shall be exercised simply on production of a
 valid identity card or passport. Members of the family       valid identity card or passort.
 shall enjoy the same right as the national on whom
                                                              [17 words deleted]
 they are dependent.
 2.     Member States shall, acting in accordance with        2.    Member States shall, acting in accordance with
 their laws, issue to their nationals, or renew, an           their laws and administrative regulations, issue to their
 identity card or passport, which shall state in               nationals, or renew, an identity card or passport,
 particular the holder's nationality.                         which shall state in particular the holder's nationality.
 3.     The passport shall be valid at least for all           unchanged
 Member States and for countries through which the
 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
  period of validity shall be not less than five years.
  4.    Member States may not demand from the                  unchanged
  persons referred to in Article 1 any exit visa or
  equivalent requirement.
 ---pagebreak--- N o C 188/10                         Official Journal of the European Communities                             25. 7. 80
                     ORIGINAL TEXT                                                AMENDED TEXT
                         Article 3                                                    Article 3
 1.    Member States shall grant to the persons              unchanged
referred to in Article 1 the right to enter their
territory merely on production of a valid identity card
or passport.
2.     N o entry visa or equivalent requirement may be       unchanged
demanded save in respect of members of the family
who do not have the nationality of a Member State.
Member States shall afford to such persons every
facility for obtaining any necessary visas.
                          Article 4                                                   Article 4
 1.    Member States shall grant the right of                 unchanged
permanent residence to citizens of another Member
State referred to in Article 1(1) who reside or wish to
reside in their territory.
2.     Nevertheless, the Member States may require            2.    Nevertheless, the Member States may require
those citizens to provide proof of sufficient resources       those citizens to provide proof of sufficient resources
to provide for their own needs and the dependent             to provide for their own needs and the dependent
members of their family referred to in Article 1 (a)          members of their family referred to in Article 1 (a)
(2). Citizens of at least 18 years of age who are             (2). [49 words deleted]. This provision shall not apply
studying or wish to study in the host Member State            to citizens who are 18 years olds or more and are
may provide such proof by showing that their means            studying in the host country.
of subsistence derive from a relative in the ascending
line who does not live with them in the host country.
 Member States may not require such resources to be           Member States may not require such resources to be
greater than the minimum subsistence level defined            greater than the minimum subsistence level applicable
 under their law.                                             under their law in respect of their own nationals.
 3.    The Member States recognize a permanent right          unchanged
of residence for members of the family referred to in
Article 1 (2) of any one who possesses such right by
virtue of the preceding paragraph. This provision
 applies even after the decease of the interested party.
                           Article 5                                                   Article 5
  1.    The right of residence shall be evidenced by           1.    The right of residence shall be evidenced by
  issue of a document entitled 'Residence Permit for a         issue of a document entitled 'Residence Permit for a
  National of a Member State of the European                   National of a Member State of the European
 Community'. This document shall be valid for not less         Community'. This document shall be valid for not less
 than five years from the date on which it is issued.          than five years from the date on which it is issued.
 ---pagebreak--- 25. 7. 8.0                         Official Journal of the European Communities                           N o C 188/11
                      ORIGINAL TEXT                                                 AMENDED TEXT
The residence permit shall be automatically renewable           T h e residence permit shall be automatically renewable
except at the end of the first period for which it is           except at the end of the first period for which it is
valid if it is proved that the condition referred to in         valid if it appears that the condition referred to in
Article 4 (2) is no longer satisfied. Nevertheless, this        Article 4 (2) is no longer satisfied. Nevertheless, this
exception shall not apply to members of the family              exception shall not apply to members of the family
referred to in Article 1 in the event of the death of           referred to in Article 1 in the event of the death of
the national on whom they are dependent.                        the national on whom they are dependent.
2.     Breaks      in   residence    not    exceeding    12     unchanged
consecutive months and absence on military service or
civil service done instead of military service or
absence on medical grounds shall not affect the
validity of the residence permit.
3.     A member of the family who is not a national of          unchanged
a Member State shall be issued with a residence
document which shall have the same validity as that
issued to the national on whom he is dependent.
                           Article 6                                                    Article 6
 For the issue of the residence permit, Member States           unchanged
 may require only the production of the following
documents:
— by the applicant:
     (a) the document under          cover   of  which   he
          entered their territory,
     (b) documents proving that he has at his disposal
          the resources referred to in Article 4 (2);
— by the members of the family:
     (c) the document under cover of which they
          entered the territory,
     (d) a document issued by the competent authority
          of the State of origin or the State whence they
          came proving their family relationship,
     (e) in the cases referred to in Article 1 (2) and
           (3), a document issued by the competent
           authority of the State of origin or the State
          whence they came, certifying that they are
          dependent on the relative or live with him in
          this country.
 ---pagebreak--- N o C 188/12                         Official Journal of the European Communities                               25. 7. 80
                    ORIGINAL TEXT                                                  AMENDED TEXT
                         Article 7                                                      Article 7
The right of residence shall be effective throughout         unchanged
the territory of the Member State concerned.
                         Article 8                                                      Article 8
 1.   The residence documents granted to nationals of         1.    The residence documents granted to nationals of
a Member State shall be issued and renewed free of           a Member State shall be issued and renewed free of
charge or on payment of an amount not exceeding              charge or on payment of an amount not exceeding
the dues and taxes charged for the issue of identity          the dues and taxes charged for the issue of identity
cards to nationals. These provisions shall also apply to     cards or passports to nationals. These provisions shall
documents and certificates required for the issue and         also apply to documents and certificates required for
renewal of such residence documents.                          the issue and renewal of such residence documents.
2.    The visas referred to in Article 3 (2) shall be        unchanged
free of charge.
3.     Member States shall take the necessary steps to        unchanged
simplify as much as possible the formalities and pro-
cedures for obtaining the documents mentioned in
paragraph I.
                         Article 9                                                      Article 9
 1.    Member States shall not derogate from the              unchanged
provisions of this directive save on grounds of public
 policy, public security or public health.
2.     Directive 64/221/EEC shall          apply to  the      unchanged
persons covered by this directive.
                                                                                    Article 10 (new)
                                                               Within six years of the notifications of this Directive
                                                               the Commission shall submit to the Council a report on
                                                               the application of the condition to dispose of sufficient
                                                               resources as provided for in Article 4 § 2. If appropriate,
                                                               the Commission shall submit to the Council proposals to
                                                               terminate the application of that condition.
                         Article 10                                                 Article 11 (new)
 1.    Member States shall, within twelve months of            unchanged
 notification of this Directive, bring into force the
 measures necessary to comply with its provisions and
 shall forthwith inform the Commission thereof.
 ---pagebreak--- 25. 7. 80                       Official Journal of the European Communities                  N o C 188/13
                    ORIGINAL TEXT                                            AMENDED TEXT
2.     After notifications of this directive, Member         unchanged
States shall moreover inform the Commission,
allowing sufficient time for it to submit its obser-
vations, of any subsequent draft laws, "regulations or
administrative provisions which they propose to adopt
in the field covered by this directive.
                        Article 11                                           Article 12 (new)
This Directive is addressed to the Member States.            unchanged