CELEX: 51989PC0275(02)
Language: en
Date: 1989-06-26
Title: PROPOSAL FOR A COUNCIL DIRECTIVE ON THE RIGHT OF RESIDENCE FOR EMPLOYEES AND SELF-EMPLOYED PERSONS WHO HAVE CEASED THEIR OCCUPATIONAL ACTIVITY COM ( 89 ) 275 FINAL - SYN 200

28. 7. 89                             Official Journal of the European Communities                             No C 191/3
3.     Where the social security system of the host             Where a Member State has sought reimbursement of
Member State has to intervene on behalf of a student             social assistance costs under Article 1 (3), the residence
referred to in paragraph 1, the benefit shall be granted in      permit may be renewed only with the prior agreement of
accordance with the rules of that State. At the request of       the Member State of origin.
the host Member State, the Member State of origin shall
reimburse the amount of benefit granted. For the
purposes of this Directive, 'Member State of origin' shall       2.     Articles 2, 3, 9 and 10 of Directive 68/360/EEC,
mean that State in which the student had his or her              Article 11 of Regulation (EEC) No 1612/68 and Articles
principal residence before seeking the right of residence        2 to 9 of Directive 64/221/EEC shall apply to benefi-
in a Member State on the basis of this Directive.                ciaires of this Directive.
                          Article 2
                                                                                            Article 3
1.     Right of residence shall be established by means of
the issue of a document known as a 'European                     Member States shall bring into force the laws, regu-
Communities residence permit' whose validity may be              lations and administrative provisions necessary to comply
limited to the duration of the course of studies in              with this Directive by 31 December 1990. They shall
question. The residence permit shall be renewed                  immediately communicate the measures taken to the
annually, subject to the third subparagraph. Where a             Commission.
member of the family does not hold the nationality of a
Member State, he or she shall be issued with a residence
permit with the same validity as that issued to the              The provisions adopted pursuant to the first paragraph
national on whom he or she depends.                              shall make express reference to this Directive.
For the purpose of issuing the residence permit, the
Member State may require only that the applicant                                            Article 4
present an identity document and provide proof that he
or she meets the conditions laid down in Article 1 (1).          This Directive is addressed to the Member States.
              Proposal for a Council Directive on the right of residence for employees and self-employed
                                    persons who have ceased their occupational activity
                                               COM(89) 275 final — SYN 200
                                       (Submitted by the Commission on 26 June 1989)
                                                        (89/C 191/03)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          Whereas    Article 8a lays down that the internal market
                                                                  must be   established by 31 December 1992; whereas the
 Having regard to the Treaty establishing the European            internal   market comprises an area without internal
 Economic Community, in particular Articles 49 and 54             frontiers  in which freedom of movement for persons is
 thereof,                                                         ensured;
 Having regard to the proposal from the Commission,
 In cooperation with the European Parliament,                     Whereas Articles 48 and 52 of the EEC Treaty provide
                                                                  for freedom of movement for workers and self-employed
 Having regard to the opinion of the Economic and                 persons, which implies the right of residence in the
 Social Committee,                                                Member State in which they pursue their occupational
                                                                  activity; whereas this right of residence should be
 Whereas Article 3c of the Treaty lays down that the acti-        granted not only during the active part of their working
 vities of the Community shall include the abolition, as          life, but also during the non-active part, even if they
 between Member States, of obstacles to freedom of                have not exercised their right to freedom of movement
 movement for persons;                                            during the first part of their working life;
 ---pagebreak--- N o C 191/4                             Official Journal of the European Communities                                28. 7. 89
Whereas pursuant to Article 10 of Regulation (EEC) No                                       Article 2
1408/71 of the Council ('), as amended by Regulation
(EEC) No 1390/81 (2), recipients of invalidity, or old             1.   Right of residence shall be established by means of
age cash benefits or pensions for accidents at work or            the issue of a document known as a 'European
occupational diseases are entitled to continue to receive         Communities residence permit' whose validity may be
these benefits and pensions even if they reside in the            limited to five years and is renewable. Where a member
territory of a Member State other than that in which the          of the family does not hold the nationality of a Member
institution responsible for payment is situated;                  State, he or she shall be issued with a residence permit of
Whereas the exercise of this right becomes a genuine              the same validity as that issued to the national on whom
possibility only if it is also granted to members of the          he or she depends.
family;
                                                                  For the purpose of issuing the residence permit, the
Whereas the beneficiaries of this Directive should be             Member State may require only that the applicant
covered by the same administrative arrangements as                present an identity document and provide proof that he
those laid down in particular by Regulation (EEC)                 or she meets the conditions laid down in Article 1.
N o 1612/68 of the Council ( J ), Directive 68/360/EEC
of the Council (4) and Directive 64/221/EEC of the
Council (5),                                                      2.    Articles 2, 3, 6 (1) (a) and (2), 9 and 10 of
                                                                  Directive 68/360/EEC, Article 11 of Regulation (EEC)
HAS ADOPTED THIS DIRECTIVE:                                       No 1612/68 and Articles 2 to 9 of Directive
                                                                  64/221/EEC shall apply to the beneficiaries of this
                            Article 1                             Directive.
Member States shall grant the right of residence to
nationals of Member States who have pursued an activity                                     Article 3
in the Community as an employee or self-employed
person, and to members of their family as defined in              Member States shall bring into force the laws, regu-
Article 10 (1) of Regulation (EEC) No' 1612/68,                   lations and administrative provisions necessary to comply
provided that they are recipients of an invalidity pension,       with this Directive by 31 December 1990. They shall
or old age benefits, or of a pension in respect of an             immediately communicate the measures taken to the
industrial accident or disease, and are covered by a              Commission and the other Member States.
sickness insurance scheme.
                                                                  The provisions adopted pursuant to the first paragraph
                                                                  shall make express reference to this Directive.
(') OJ  No  L 149, 5. 7. 1971, p. 2.
(2) OJ  No  L 143, 29. 5. 1981, p. 1.
(J) OJ  No  L 257, 19. 10. 1968, p. 2.                                                      Article 4
(4) OJ  No  L 257, 19. 10. 1968, p. 13.
O   OJ  No  56, 4. 4. 1964, p. 850/64.                            This Directive is addressed to the Member States.