CELEX: 51989PC0275(03)
Language: en
Date: 1989-06-26
Title: PROPOSAL FOR A COUNCIL DIRECTIVE ON THE RIGHT OF RESIDENCE

28. 7. 89                              Official Journal of the European Communities                             No C 191/5
                                 Proposal for a Council Directive on the right of residence
                                                     COM(89) 275 final
                                       (Submitted by the Commission on 26 June 1989)
                                                        (89/C 191/04)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          Whereas the beneficiaries of this Directive should      be
                                                                  covered by the same administrative arrangements         as
                                                                  those laid down in particular in Regulation (EEC)      No
Having regard to the Treaty establishing the European             1612/68 of the Council (»), Directive 68/360/EEC of    the
Economic Community, and in particular Article 100                 Council (2), and Directive 64/221/EEC             of   the
thereof,                                                          Council (3),
Having regard to the proposal from the Commission,
                                                                  HAS ADOPTED THIS DIRECTIVE:
Having regard        to  the   opinion   of   the  European
Parliament,
                                                                                             Article 1
                                                                  Member States shall grant the right of residence to
Having regard to the opinion of the Economic and                  nationals of Member States who do not enjoy this right
Social Committee,                                                 under other provisions of Community law, and to
                                                                  members of their families as defined in Article 10 (1) of
                                                                  Regulation (EEC) No 1612/68, provided that they and
Whereas Article 3c of the Treaty lays down that the acti-         the members of their family are covered by sickness
vities of the Community shall include the abolition, as           insurance and have sufficient resources to avoid
between Member States, of obstacles to freedom of                 becoming a burden on the social security system of the
movement for persons;                                              host Member State during their period of residence.
Whereas     Article 8a lays down that, the internal market
                                                                                             Article 2
 must be   established by 31 December 1992; whereas the
 internal   market comprises an area without internal              1.    Right of residence shall be established by means of
 frontiers  in which freedom of movement for persons is            the issue of a document known as a 'European
 ensured;                                                          Communities residence permit', whose validity may be
                                                                   limited to five years and is renewable. Where a member
                                                                   of the family does not hold the nationality of a Member
Whereas national provisions on the right of residence for          State, he or she shall be issued with a residence permit
 European citizens in Member States other than the one             with the same validity as that issued to the national on
 of which they are nationals should be harmonized to               whom he or she depends.
 ensure such freedom of movement;
                                                                   For the purpose of issuing the residence permit, the
Whereas, as the ad hoc Committee on a People's Europe              Member State may require only that the applicant
 indicated in its report to the European Council in                present an identity document and provide proof that he
 Brussels on 29 and 30 March 1985, it is vital to avoid            or she meets the conditions referred to in Article 1.
 migration flows resulting solely from financial consider-
 ations based on the fact that the social security and
 social assistance systems have not been harmonized;
 whereas a European citizen wishing to reside in a                 2.    Articles 2, 3, 6 (1) (a) and (2), 9 and 10 of
 country other than his own should not constitute an               Directive 68/360/EEC; Article 11 of Regulation (EEC)
 unreasonable burden on the public finances of the host            No 1612/68 and Articles 2 to 9 of Directive
 country; whereas, therefore, at the present stage in the          64/221/EEC shall apply to beneficiaries of this
 development of the Community, conditions should be                Directive.
 laid down for the exercise of the right of residence;
 Whereas the exercise of this right becomes a genuine               (') OJ No L 257, 19. 10. 1968, p. 2.
 possibility only if it is also granted to members of the           (2) OJ No L 257, 19. 10. 1968, p. 13.
 family;                                                            (J) OJ No 56, 4. 4. 1964, p. 850/64.
 ---pagebreak--- No C 191/6                             Official Journal of the European Communities                                28. 7. 89
                          Article 3                                The provisions adopted pursuant to the first paragraph
                                                                   shall make express reference to this Directive.
Member States shall bring into force the laws, regu-
lations and administrative provisions necessary to comply
with this Directive by 31 December 1990. They shall                                        Article 4
immediately communicate the measures taken to the
Commission.                                                        This Directive is addressed to the Member States.
             Amendment to the proposal for a Council Directive amending for the eighth time Directive
             76/769/EEC on the approximation of the laws, regulations and administrative provisions of the
             Member States relating to restrictions on the marketing and use of certain dangerous substances
                                                       and preparations
                                               COM(89) 316 final - SYN 119
             (Submitted by the Commission pursuant to the third paragraph of Article 149 of the EEC Treaty on
                                                         26 June 1989)
                                                        (89/C 191/05)
             In the light of the opinion delivered in the first reading under the cooperation procedure by the
             European Parliament on the proposal sent by the Commission to the Council for a Council
             Directive amending for the eighth time Directive 76/769/EEC (*), the Commission has decided
             to amend the abovementioned proposal as follows:
             1. the following is added to the fourth recital:
                 'whereas ILO (International Labour Organization) Convention 136 and ILO Recommen-
                 dation 144 lay down provisions on protection against hazards arising from benzene;'
             2. the following is added to the fifth recital:
                 'whereas present Community legislation concerning the possible adoption by the Member
                 States of more stringent restrictions on the use of the substances and preparations in
                 question at the workplace is unaffected by this Directive;'
             3. the following is added to the sixth recital:
                 'whereas ILO Convention 13 regulates the use of white lead in paints;'
             4. Article 1 (3) (b) is replaced by the following:
                 '(b) substances and preparations for use in industrial processes in which, under existing
                      legislation, benzene may not be emitted;'
             5. the following is added to point 19 of Article 1 (4):
                 '(b) as a wood preservative;'
             6. point 20 of Article 1 (4) is amended and extended to read as follows:
                 '(c) or for use as a wood preservative.
                      This ban does not apply to solutions of inorganic salts of the CCA (copper-chromium-
                      arsenic) type employed in industrial installations using vacuum or pressure to
                      impregnate wood.
             (l) OJ No C 43, 16. 2. 1988, p. 9.