CELEX: 51989PC0675(02)
Language: en
Date: 1989-12-22
Title: AMENDED PROPOSAL FOR A COUNCIL DIRECTIVE ON THE RIGHT OF RESIDENCE FOR EMPLOYEES AND SELF-EMPLOYED PERSONS WHO HAVE CEASED THEIR OCCUPATIONAL ACTIVITY

3. 2. 90                              Official Journal of the European Communities                             No C 26/19
              Amended proposal for a Council Directive on the right of residence for employees and self-
                              employed persons who have ceased their occupational activity (')
                                               COM(89) 675 final — SYN 200
              (Submitted by the Commission, pursuant to Article 149 (3) of the EEC Treaty on 21 December
                                                            1989)
                                                       (90/C 26/18)
              (') OJ No C 191, 28. 7. 1989, p. 3.
                      ORIGINAL PROPOSAL                                               AMENDED PROPOSAL
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European             Having regard to the Treaty establishing the European
Economic Community, in particular Articles 49 and 54              Economic Community, in particular Articles 49 and 54
thereof,                                                          thereof,
Having regard to the proposal from the Commission,                Having regard to the proposal from the Commission,
In cooperation with the European Parliament,                      In cooperation with the European Parliament,
Having regard to the opinion of the Economic and                  Having regard to the opinion of the Economic and
Social Committee,                                                 Social Committee,
Whereas Article 3c of the Treaty lays down that the acti-         Whereas Article 3c of the Treaty lays down that the acti-
vities of the Community shall include the abolition, as           vities of the Community shall include the abolition, as
between Member States, of obstacles to freedom of                 between Member States, of obstacles to freedom of
movement for persons;                                             movement for persons;
Whereas    Article 8 a lays down that the internal market         Whereas Article 8 a lays down that the internal market
must be   established by 31 December 1992; whereas the            must be established by 31 December 1992; whereas the
internal  market comprises an area without internal               internal market comprises an area without internal
frontiers in which freedom of movement for persons is             frontiers in which freedom of movement for persons is
ensured.                                                          ensured;
Whereas Articles 48 and 52 of the EEC Treaty provide              Whereas Articles 48 and 52 of the EEC Treaty provide
for freedom of movement for workers and self-employed             for freedom of movement for workers and self-employed
persons, which implies the right of residence in the              persons, which implies the right of residence in the
Member State in which they pursue their occupational              Member State in which they pursue their occupational
activity; whereas this right of residence should be               activity; whereas this right of residence should be
granted not only during the active part of their working          granted not only during the active part of their working
life, but also during the non-active part, even if they           life, but also during the non-active part, even if they
have not exercised their right to freedom of movement             have not exercised their right to freedom of movement
during the first part of their working life;                      during the first part of their working life;
 ---pagebreak---  No C 26/20                             Official Journal of the European Communities                                   3. 2. 90
                       ORIGINAL PROPOSAL                                                AMENDED PROPOSAL
Whereas pursuant to Article 10 of Regulation (EEC) No             Whereas pursuant to Article 10 of Regulation (ECC) No
 1408/71 of the Council ('), as amended by Regulation              1408/71 of the Council ('), as amended by Regulation
 (EEC) No 1390/81 ('), recipients of invalidity, or old            (EEC) No 1390/81 (2), recipients of invalidity, or old
 age cash benefits or pensions for accidents at work or            age cash benefits or pensions for accidents at work or
 occupational diseases are entitled to continue to receive        occupational diseases are entitled to continue to receive
 these benefits and pensions even if they reside in the           these benefits and pensions even if they reside in the
 territory of a Member State other than that in which the          territory of a Member State other than that in which the
 institution responsible for payment is situated.                  institution responsible for payment is situated;
                                                                  Whereas action on the social dimension of the Internal
                                                                   Market will serve to reduce the disparities existing
                                                                  between Member States in levels of pensions and benefits
                                                                  but in the interim such disparities cannot be allowed to
                                                                  pose a barrier to the free movement and right of
                                                                  residence of retired Community citizens;
                                                                  Whereas this Directive is the first step towards securing
                                                                  the right of residence anywhere in the Community for all
                                                                  retired Member States' nationals;
Whereas the exercise of this right becomes a genuine              Whereas the exercise of this right becomes a genuine
possibility only if it is also granted to members of the          possibility only if it is also granted to members of the
family;                                                           family;
Whereas the beneficiaries of this Directive should         be     Whereas the beneficiaries of this Directive should         be
covered by the same administrative arrangements            as     covered by the same administrative arrangements            as
those laid down in particular by Regulation (EEC)         No      those laid down in particular by Regulation (EEC)         No
 1612/68 of the Council (3), Directive 68/360/EEC of      the      1612/68 of the Council (3), Directive 68/360/EEC of      the
Council (4) and         Directive 64/221/EEC        of    the     Council (4) and        Directive 64/221 /EEC        of    the
Council (5),                                                      Council (5),
HAS ADOPTED THIS DIRECTIVE:                                       HAS ADOPTED THIS DIRECTIVE:
                            Article 1                                                       Article 1
Member States shall grant the right of residence to               Member States shall grant the right of residence to
nationals of Member States who have pursued an activity           nationals of Member States who have pursued an activity
in the Community as an employee or self-employed                  in the Community as an employee or self-employed
person, and to members of their family as defined in              person, and to members of their family as defined in
Article 10 (1) of Regulation (EEC) No 1612/68,                    Article 10 (1) of Regulation (EEC) No 1612/68,
provided that they are recipients of an invalidity pension,       provided that they are recipients of an invalidity pension,
or old age benefits, or of a pension in respect of an             or old age benefits, or of a pension in respect of an
industrial accident or disease, and are covered by a              industrial accident or disease, or are entitled to survivor's
sickness insurance scheme.                                        benefits and are covered by a sickness insurance scheme,
                                                                  or have other adequate resources on which to live.
                                                                  Pensions or other measures shall be deemed to be
                                                                  adequate if they ensure that those entitled to residence
                                                                  do not become a burden to the social security scheme of
                                                                  the host country during their residence there.
O OJ No L 149, 5. 7. 1971, p. 2.                                  (') OJ No L 149, 5. 7. 1971, p. 2.
(2) OJ   No L 143, 29. 5. 1981, p. 1.                             O OJ No L 143, 29. 5. 1981, p. 1.
(3) OJ   No L 257, 19. 10. 1968, p. 2.                            O OJ No L 257, 19. 10. 1968, p. 2.
O   OJ  No  L 257, 19. 10. 1968, p. 13.                           (4) OJ No L 257, 19. 10. 1968, p. 13.
O   OJ  No  56, 4. 4. 1964, p. 850/64.                            (5) OJ No 56, 4. 4. 1964, p. 850/64.
 ---pagebreak--- 3. 2. 90                              Official Journal of the European Communities                             No C 26/21
                     ORIGINAL PROPOSAL                                               AMENDED PROPOSAL
                          Article 2                                                       Article 2
 1.   Right of residence shall be established by means of        1.   Right of residence shall be established by means of
the issue of a document known as a 'European                    the issue of a document known as a 'European
Communities residence permit' whose validity may be             Communities residence permit' whose validity may be
limited to five years and is renewable. Where a member          limited to five years and is renewable. Where a member
of the family does not hold the nationality of a Member         of the family does not hold the nationality of a Member
State, he or she shall be issued with a residence permit of     State, he or she shall be issued with a residence permit of
the same validity as that issued to the national on whom        the same validity as that issued to the national on whom
he or she depends.                                              he or she depends.
For the purpose of issuing the residence permit, the            For the purpose of issuing the residence permit, the
Member State may require only that the applicant                Member State may require only that the applicant
present an identity document and provide proof that he          present an identity document and provide proof that he
or she meets the conditions laid down in Article 1.             or she meets the conditions laid down in Article 1.
2.    Articles 2, 3, 6 (1) (a) and (2), 9 and 10 of             2.    Articles 2, 3, 6 (1) (a) and (2), 9 and 10 of
Directive 68/360/EEC, Article 11 of Regulation (EEC)            Directive 68/360/EEC, Article 11 of Regulation (EEC)
No 1612/68 and Articles 2 to 9 of Directive                     No 1612/68 and Articles 2 to 9 of Directive
64/221/EEC shall apply to the beneficiaries of this             64/221/EEC shall apply to the beneficiaries of this
Directive.                                                      Directive.
                                                                The beneficiaries of this Directive shall enjoy all the
                                                                rights deriving from Regulation (EEC) No 1612/68,
                                                                Directives 68/360/EEC and 64/221/EEC and the legal
                                                                provisions amending them.
                                                                                          Article 3
                                                                Before the end of the second year following the entry
                                                                into force of this Directive, and every three years
                                                                thereafter, the Commission shall draw up a report on the
                                                                implementation of this Directive which it shall submit to
                                                                the Council and the European Parliament.
                          Article 3                                                       Article 4
Member States shall bring into force the laws, regu-            Member States shall bring into force the laws, regu-
lations and administrative provisions necessary to comply       lations and administrative provisions necessary to comply
with this Directive by 31 December 1990. They shall             with this Directive by 31 December 1990. They shall
immediately communicate the measure taken to the                immediately communicate the measures taken to the
Commission and the other Member States.                         Commission and the other Member States.
The provisions adopted pursuant to the first paragraph          The provisions adopted pursuant to the first paragraph
shall make express reference to this Directive.                 shall make express reference to this Directive.
                         Article 4                                                        Article 5
This Directive is addressed to the Member States.               This Directive is addressed to the Member States.