CELEX: 51990PC0108(01)
Language: en
Date: 1990-04-09
Title: MODIFIED PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING REGULATION ( EEC ) NO 1612/68 ON FREEDOM OF MOVEMENT FOR WORKERS WITHIN THE COMMUNITY

COMMISSION OF THE EUROPEAN COMMUNITIES
                                         C0M(90) 108 final - SYN - 185
                                         Brussels, 9  ApriI 1990
                       Modified Proposal for a
                       COUNCIL REGULATION (EEC)
    amending Regulation (EEC) No 1612/68 on freedom of movement
                   for workers within the Community
                       Modified Proposal for a
                       COUNCIL REGULATION (EEC)
   amending Directive 68/360/EEC on the abolition of restrictions
        on movement and residence of workers of Member States
               and their families within the Community
       (presented by the Commission pursuant to Article 149(3)
                          of the EEC Treaty)
 ---pagebreak---  ---pagebreak---                                  - 2 -
                            Bxi?1iftfY\tory Memorandum
1. Pursuant to Article 49 of the EBC Treaty, the European Parliament was
   consulted by the Council on the Commission proposals to the Council In
   respect of the amendments to Regulation 1612/68 and Directive
   68/360/EBC.
   At the meeting on 14 February 1990, the European Parliament, subject to
   the reservation regarding the amendments it had introduced, approved the
   Commission proposals and requested it to amend its proposal accordingly.
   After a thorough examination of the amendments proposed by the
   European Parliament, pursuant to Article 149(3) of the EBC Treaty, the
   Commission decided to present the amended proposals to the Council.
2. The amendments to the initial proposals mainly seek to:
        clarify the scope of the rule on equal treatment for nationals and
        other    Caminunity     nationals       (Article 7(1)   and    (3) of
        Regulation (EBC) No 1612/68;
        extend the category of direct beneficiaries of Camraunity law in the
        context of family reunion to inoliide any person treated on the same
        footing as the spouse of the worker in the system of the host
        country (Article 10 of Regulation (EBC) No 1612/68; Article 4(3)
        Of Directive 68/360/EBC);
        delete provisions that have become superfluous (Articles 38, 39, 40
        and 41 of Regulation (EBC) No 1612/68);
        draw up a report on the implementation of the freedom of movement
        of     workers       in        the      Community     (Article 44  of
        Regulation (EBC) No 1612/68; Article 12 of Directive 68/360/EBC);
        facilitate the issue of a residence permit valid for five years
        (Article 6(3) and Article 9(1) of Directive 68/360/EBC);
        provide for a transitional provision to ensure the continuous
        validity of residence permits issued pursuant to the Directive
        prior to its amendment.
 ---pagebreak---  ---pagebreak---                                        - 3 -
                              Modified Proposal for a
                             COUNCIL REGULATION (EEC)
           amending Regulation (EEC) No 1612/68 on freedom of movement
                         for worlcers within the Community
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in
particular Article 49 thereof,
Having regard to the proposal from the Commission,
In cooperation with the European Parliament,
Having regard to the opinion of the Economic and Social Committee,
Whereas, under the terms of Article 8a of the Treaty, the Community must adopt
measures with the aim of progressively establishing the internal market over a
period expiring on 31 December 1992, and the internal market is to comprise an
area without internal frontiers in which the free movement of persons Is ensured
in accordance with the provisions of the Treaty;
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
deteriorating, more especially in view of the fact that the provisions currently
 in force no longer fully meet the requirements of a society undergoing important
changes;
 ---pagebreak---                                          4 -
Whereas there Is an Imperative need to adapt the provisions of Council
Regulation (EEC) No 1612/68 1 , as amended by Regulation (EEC) No 312/76 2 , to
the new socio-economic context and to consolidate the accumulated rulings of the
Court of Justice of the European Communities by Incorporating the principles
enunciated by the Court into the legislation of the Community;
Whereas, in view of the prospective completion of the internal market and in
order to ensure that the effective exercise of the fundamental right of free
movement  is as complete as possible, it Is important that any obstacles to the
mobility of workers which still exist on the level of Individual rights, in
particular those taking the form of limitations stemming from the condition of
territoriality on the application of equal treatment and the restrictions
imposed by the provisions currently in force on the right of family
reunification, should be removed;
Whereas In Its Resolution of 10 July 1985 3 , on guidelines for a Community
migration policy, the Council recognized that in the field of the Community
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 additions to them as may be deemed necessary;
Whereas control by the Member State over the application of the principle of
equal treatment should be strengthened,
HAS ADOPTED THIS REGULATION:
1. 0J No L 257, 19.10.1968, p. 2.
2. OJ No L 39, 14.2.1976, p. 2.
3. OJ No C 186, 26.7.1985, p. 2.
 ---pagebreak---                                       - 5 -
                                    Article 1
Regulation (EEC) No 1612/68 Is hereby amended as follows:
1.         The following paragraph Is added to Article 5:
           "He shall also receive aid to promote mobility and recruitment
           available to nationals travelling either within the country or to
           other Member or non-Member States to take up activity as an employed
           person."
2.         Article 7(1) is replaced by the following:
           "1.  A worker who Is a national of a Member State may not, in the
                territory of another Member State, be treated differently from
                national workers by reason of his nationality In respect of any
                conditions of employment and work, especially with respect to
                health, safety and hygiene, and with respect to remuneration,
                dismissal, social security, occupational re-integration or
                re-employment if he has become unemployed or if he is the victim
                of total or partial incapacity for work."
3.         Article 7(3) is replaced by the following:
           "3.  He shall also, by virtue of the same right and under the same
                conditions as national workers, have access to all levels of
                education and training, readaptlon and retraining, vocational
                training and retraining."
 ---pagebreak---                               - 6-
4. The following paragraph is added to Article 7:
   "5.  A Member State whose laws, regulations or administrative
        provisions attribute legal effects or make social or tax
        advantages subject to the occurrence of certain facts or events
        shall, where necessary, take Into account the said facts or
        events which occurred in any other Member State as if they had
        occurred on the national territory."
5. In the first paragraph of Article 8, the following Is added after the
   words "holding an office governed by public law":
   "in so far as the activities In question are connected with the
   exercise of official authority".
6. The following is added to Article 9(1):
   "and to means of financing and subsidies";
7. A new Article 9a is inserted:
                          "Article 9a:
   The provisions of Title II shall apply to any national of a Member
   State who is sent by his employer, exercising an activity In the
   territory of a Member State, to perform his contractual duties either
   in another Member State or outside the territory of the Community."
8. Article 10 is replaced by the following:
 ---pagebreak---                             - 7 -
                         Article 10
The following shall, even if they are not nationals of a Member
State, have the right to install themselves with the national of a
Member State who Is employed in the territory of another Member
State:
(a)   the spouse or any person with similar status under the system of
      the host country and their descendents;
(b)   relatives in the ascending line of the worker or the spouse or
      any person with similar status under the system of the host
      country;
(c)   any other member of the family in the country of origin who is
      dependent on or living under the roof of the worker or the
      spouse or person with similar status under the system of the
      host country."
Article 11 Is replaced by the following:
                         -Article 11
The members of the family referred to in Article 10 of a worker
pursuing an activity as an employed or self-employed person in the
territory of a Member State who do not have the nationality of a
Member State shall have the right to take up any activity as an
employed person throughout the territory of that same State, and to
perform that activity in accordance with the provisions laid down by
 law, regulation or administrative action governing the employment of
nationals of that State.
 ---pagebreak---                                 - 8 -
    The death of the worker on whom the members of the family are
    dependent or the dissolution of the marriage shall not affect that
    right."
10. Article 12 is replaced by the following
                             'Article 12
    The members of the family of a worker referred to In Article 10 who
    are resident In the territory of the Member State in which the worker
    is or has been employed shall enjoy the same social advantages as the
    nationals of that State; they shall also be admitted to general
    education, apprenticeship and vocational training courses of
    university or non-unlverslty level on the same terms as the nationals
    of that State.
    Member States shall adopt measures to enable such persons to have
    access to all levels of education and these courses under the best
    possible conditions and shall take action to simplify the formalities
    so that the costs of opening a personal file are similar to those for
    nationals of the State."
11. A new Article 12a Is Inserted:
                           "Article 12a
    The provisions of Title III shall also apply to the members of the
    family of a national worker who is seconded as described in
    Article 9a."
12. Articles 38, 39, 40 and 41 are deleted.
13. Article 43 is replaced by the following:
 ---pagebreak---                                    - 9 -
                               "Article 43
    1. Member States shall take such measures as are necessary to ensure the
       application by all natural and legal persons of the principle of
       equal treatment in the fields covered by this Regulation and to curb
       any infringement of that principle.
    2. Member States shall, for information purposes, communicate to the
       Commission the texts of agreements, conventions or arrangements
       concluded between them in the manpower field between the date of
       their being signed and that of their entry into force."
14. Article 44 is replaced by the following
                                'Article 44
    1. The Commission shall adopt the necessary Implementing rules for the
       application of this regulation.   To this end, it will act In close
       cooperation with the authorities of the Member States and the two
       sides of industry.
    2. The Commission shall forward to the Council and the European
       Parliament every three years, starting on 1 January 1992, a
       communication on the implementation of freedom of movement for
       workers In the Community.
    3. The Commission shall communicate, as soon as possible, the
        Instructions needed for providing adequate information concerning
       this regulation to the national, regional and local authorities and
        to the users; the Commission shall publish within six months of the
       entry Into force of this regulation a practical guide on the freedom
       of   movement for workers".
 ---pagebreak---                                       - 10 -
15.     In Article 47, the reference to Articles 2, 3, 10 and 11 Is replaced by
        reference to Articles 2, 3, 5, 9a, 10 and 11.
                                    Article 2
This Regulation shall enter Into force on 1 January 1991.
This Regulation shall be binding in Its entirety and directly applicable in a
Member States.
Done at Brussels                      For the Council
 ---pagebreak---                                        - 11 -
                              Modified Proposal for a
                              COUNCIL REGULATION (EEC)
          amending Directive 68/360/EEC on the abolition of restrictions
               on movement and residence of worlcers of Member States
                      and their families within the Community
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community and in
particular Article 49 thereof,
Having regard to the proposal from the Commission,
In cooperation with the European Parliament,
Having regard to the opinion of the Economic and Social Committee,
Whereas Council Directive 68/360/EEC1,    as last amended by the Act of Accession
of Spain and Portugal, lays down the circumstances In which certain restrictions
on movement and residence are abolished or alleviated for persons covered by
Council Regulation (EEC) No 1612/682,    as last amended by Regulation (EEC) No
...;3.
Whereas Council Regulation (EEC) No .../... amended Regulation (EEC) No 1612/68
to extend the personal scope of the latter, whereas the need has consequently
emerged to adapt the provisions of Directive 68/360/EEC in line with those
amendments, both as regards workers and members of their families who are
nationals of a Member State and as regards members of their families who are not
nationals of a Member State-
 1. OJ No L 257, 19.10.1968, p. 13.
 2. OJ No L 257, 19.10.1968, p. 2.
3. OJ NO L
 ---pagebreak---                                          -12
Whereas the procedures linked to the issue of residence cards and related
documents have in many cases proved too long and the costs very high, and these
difficulties constitute an objective obstacle to the organization of the dally
 lives of those concerned and a constraint on their Integration Into the host
country;
Whereas, from the point of view of stability of residence, account should be
taken of the new conditions obtaining on the employment market, particularly as
regards the Increase in insecure and intermittent employment;
Whereas in the context of a People's Europe, the feeling of belonging to a
European people should be promoted by entitling the residence card, "European
Communities Residence Card",
HAS ADOPTED THIS DIRECTIVE:
                                      Article 1
Directive 68/360/EEC Is hereby amended as follows:
1.          In Article 4(2), the first sentence is replaced by the following:
            "As proof of the right of residence, a document entitled "European
            Communities Residence Card" shall be issued".
2.          In Art le le 4(3), the beginning of the sentence is replaced by the
            fol lowing:
            "For the Issue of a European Communities Residence Card ..."
 ---pagebreak---                                   - 13 -
3. The following is added to Article 4(3), first indent, point (b):
   "in the cases referred to in Article 6 ( 4 ) , a certificate proving the
   worker's entitlement to unemployment benefit issued In the host
   State-,".
4. Article 4(3), second Indent, point (e) is replaced by the following:
   "(e) For the members of the family as referred to In Article 10(c) of
         Regulation (EEC) No 1612/68 a document issued by the competent
         authority of the State whence they came or of the State of
         origin certifying that they are dependent on the worker or the
         spouse or person with similar status under the system of the
         host country or that they live under the roof of the latter."
5. Article 4(4) is deleted.
6. The following paragraph is added to Article 5:
   "These formalities shall be completed as quickly as possible."
7. Article 6(1)(b) is replaced by the following:
    "(b) must be valid for at least five years from the date of Issue-, it
         shall be automatically renewable for periods of ten years."
8.  In Article 6 ( 2 ) , the following words are Inserted after "military
   service":
    "or for medical reasons, maternity or study, or in the event of
   secondment as described in Article 9a of Regulation (EEC)
   No 1612/68.".
 ---pagebreak---                                      - 14 -
9.      In Article 6(3), the following subparagraph is Inserted after the
        first:
        "However, when the worker has held several successive temporary jobs
        for a total period of not less than twelve months, with an
        uninterrupted residence period of eighteen months, the host
        Member State shall Issue to him the residence card referred to in
        paragraph 1 on presentation of confirmation of engagement or a
        certificate of employment even for a period of less than one year."
10. In Article 6, the following is added:
    "4.      Where the worker has been employed for a period exceeding three
             months but not exceeding one year In the host State and has
             acquired an entitlement to unemployment benefit under the
              legislation of the said State, the residence card issued to him
             under the first subparagraph of paragraph 3 shall be
             automatically renewable until his entitlement to unemployment
             benefit has expired.
             Where the worker has been employed for a period of less than
             three months in the host State and has acquired an entitlement
             to unemployment benefit under the legislation of the said State,
             the residence card issued to him under the first subparagraph of
             paragraph 3 shall be automatically renewable until his
             entitlement to unemployment benefit has expired".
11. In Article 7 ( 1 ) , the words "as a result of illness or accident" are
    replaced by the words "as a result of illness, accident or maternity".
12. In Article 7(1), the following subparagraph is added:
    "When the residence card expires during a period of Incapacity for work,
    it shall be automatically renewed in accordance with Article 6."
13. Article 7(2) is deleted.
 ---pagebreak---                                   - 15 -
14. Article 9(1) Is replaced by the following:
    "1.      The residence documents and supporting documents issued to
             persons enjoying the rights conferred by this Directive shall be
             Issued and renewed free of charge;"
15. The following paragraph is added to Article 9:
    "4.      Presentation of the residence card may not be demanded on
             crossing frontiers."
16. The following paragraphs 3 and 4 are added to Article 12:
    "3.      Member States shall report to the Commission every two years on
             the application of this Directive and the national provisions
             adopted in compliance with it; the Commission shall notify the
             European Parliament thereof.
    4.       The Commission shall draw up a report on the implementation of
             this Directive before the end of the second year following the
             application of the amended Directive, and every three years
             thereafter.
             The Commission shall present this report to the Council, the
             European Parliament and the Economic and Social Committee".
17. Article 13 is replaced by the following:
                                "Article 13
     The residence permits Issued pursuant to the Directive prior to its
     amendment by Directive .../.../EEC and which are valid at the time of
     entry Into force of these amendments shall remain valid until their
     expiry date."
 ---pagebreak---                                        - 16 -
18.      The wording of the statement contained In the Annex to the Directive and
         provided for In Article 4(2) Is replaced by the following:
         "This European Communities residence card Is Issued pursuant to Council
         Regulation (EEC) No 1612/68 of 15 October 1968 and to the measures taken
         In implementation of Council Directive 68/360/EEC of 15 October 1968.
         The holder of this card has the right to take up and pursue an activity
                                        1
         as an employed person on         territory under the same conditions as
              1
                nat ionals.
         Nationality of State Issuing the card."
                                     Article 2
Member States shall take the measures necessary to comply with this Directive
within six months of its notification and shall forthwith inform the Commission
thereof.
The provision adopted pursuant to the first paragraph shall make express
reference to this Directive.
                                     Article 3
This Directive is addressed to the Member States.
Done at Brussels                    For the Council
 ---pagebreak---  ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM (90) 108 final
                                                      DOCUMENTS
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