CELEX: 31964L0220
Language: en
Date: 1964-02-25 00:00:00
Title: Council Directive 64/220/EEC of 25 February 1964 on the abolition of restrictions on movement and residence within the Community for nationals of Member States with regard to establishment and the provision of services

Official Journal of the European Communities                                       115
4.4.64                       OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES                                         845/64
                                               COUNCIL DIRECTIVE
                                                  of 25 February 1964
              on the abolition of restrictions on movement and residence within the Community for
              nationals of Member States with regard to establishment and the provision of services
                                                      (64/220/EEC)
THE COUNCIL OF THE            EUROPEAN       ECONOMIC          public health; whereas, in pursuance of Article 56 (2)
COMMUNITY,                                                     of the Treaty, co-ordination of such measures is to be
                                                               dealt with in a separate Directive;
Having regard to the Treaty establishing the Euro­
pean Economic Community, and in particular                     HAS ADOPTED THIS DIRECTIVE :
Articles 54 and 63 thereof;
Having regard to the General Programmes1 for the                                          Article 1
abolition of restrictions on freedom of establishment
and on freedom to provide services, and in particular          1 . Member States shall, acting as provided in this
Title II of each programme;                                    Directive, abolish restrictions on the movement and
                                                               residence of :
Having regard to the proposal from the commission ;
                                                               (a) nationals of a Member State who are established
Having regard to the Opinion of the European Par­                    or who wish to establish themselves in another
liament2;                                                            Member State in order to pursue activities as self­
                                                                     employed persons, or who wish to provide ser­
Having regard to the Opinion of the Economic and                     vices in that State;
Social Committee3;
                                                                (b ) nationals of Member States wishing to go to
Whereas freedom of movement of persons as provided                   another Member State as recipients of services;
for in the Treaty and in Title II of each of the General        (c) the spouse and the children under twenty-one
Programmes for the Abolition of restrictions on                      years of age of such nationals, irrespective of
freedom of establishment and on freedom to provide                   their nationality;
services entails the abolition of restrictions on move­
ment and residence within the Community for                    (d) the relatives in the ascending and descending
nationals of Member States wishing to establish                      lines of such nationals and of their spouse who
themselves or to provide services within the territory               are dependent on them, irrespective of ' the
of another Member State;                                             nationality of such relatives.
Whereas freedom of establishment can be fully at­              2.      Member States shall give sympathetic consider­
tained only if a right of permanent residence is               ation to the case of any other member of the family
granted to the persons who are to enjoy freedom of             of any person referred to in paragraph 1 ( a) or (b)
establishment; whereas freedom to provide services             who is dependent on that person and living under the
entails that persons providing and receiving services          same roof.
should have the right of residence for the time during
which the services are being provided;                                                    Article 2
Whereas this Directive does not affect measures justi­         1 . Member States shall grant to the persons re­
fied on grounds of public policy, public security or           ferred to in Article 1 the right to enter their territory
                                                               merely on production of a valid identity card or pass­
                                                               port.
1 OJ No 2, 15.1.1962, pp. 32/62 and 36/62.
2 OJ No 33, 4.3.1963, p. 479/63.                               2. No entry visa or equivalent document shall be
3 OJ No 56, 4.4.1964, p. 849/64.                               required, save in respect of persons covered by sub­
 ---pagebreak---   116                               Official Journal of the European Communities
 paragraphs (c) and (d) of Article 1 ( 1 ) who do not
 have the nationality of a Member State. Member                 ( a) the identity card or passport with which he or she
 States shall endeavour to afford to such persons every              entered the territory;
 facility for obtaining any necessary visas .                  (b) proof that he or she comes within one of the
                                                                     classes of person referred to in Article 3 .
                         Article 3
                                                                                         Article 6
 1.     Each Member State shall grant the right of per­
 manent residence to nationals of other Member                1 . Member States shall, acting in accordance with
 States who establish themselves within its territory in      their laws, issue to their nationals referred to in
 order to pursue activities as self-employed persons,         Article 1 , and renew, an identity card or passport,
 when the restrictions on these activities have been          which shall state in particular its holder's nationality
 abolished pursuant to the Treaty.                             and shall entitle him or her to leave and re-enter the
                                                              country freely.
 As proof of this right a document (hereinafter called a
 'residence permit') shall be issued. This document
 shall be valid for not less than five years and shall be     2. The passport must be valid at least for all Mem­
 automatically renewable.                                     ber States and for countries through which the holder
                                                              must pass when travelling between Member States.
 Any national of a Member State who does not come             Where a passport is the only document with which
 within the provisions of the preceding subparagraphs         the holder may lawfully leave the country, its period
 but who is authorised under the laws of another              of validity shall be not less than five years.
 Member State to pursue an activity within its ter­
 ritory shall be granted a residence permit valid for a
 period not less than that of the authorisation granted                                 Article 7
 for the pursuit of the activity in question.                 Residence permits, passports and identity cards
                                                              granted in pursuance of this Directive shall be issued
2.     The right of residence for persons providing and       and renewed free, of charge or on payment of a sum
receiving services shall be of equal duration with the        not exceeding their administrative costs. This pro­
period during which the services are provided.                vision shall apply also to documents and certificates
                                                              required for the issue or renewal of such permits,
Where such period exceeds three months, the Mem­              passports and identity cards.
ber State in the territory of which the services are
performed shall issue a residence permit as proof of
that right.                                                                             Article 8
Where the period does not exceed three months, the            Member States shall not derogate from the provisions
identity card or passport with which the person con­          of this Directive save on grounds of public policy,
cerned entered the territory shall be sufficient to           public security or public health.
cover his stay. The Member State may, however,
require the person concerned to report his presence
in the territory.                                                                       Article 9
                                                              Member States shall within six months of notification
3.     The right of residence of members of a family          of this Directive put into force the measures necessary
shall be the same as that of the national on whom             to comply with its provisions and shall forthwith in­
they are dependent.                                           form the Commission thereof.
                         Article 4
                                                                                        Article 10
Subject to any measures taken in particular cases on
grounds of public policy or public security, the right        This Directive is addressed to the Member States.
of residence shall be effective throughout the territory
of the Member State concerned.
                                                              Done at Brussels, 25 February 1964.
                         Article 5
                                                                                                        For the Council
An applicant for a residence permit shall not be re­
quired by a Member State to produce anything other                                                       The President
than the following, namely:                                                                                 H. FAYAT