CELEX: 51989PC0675(03)
Language: en
Date: 1989-12-22
Title: AMENDED PROPOSAL FOR A COUNCIL DIRECTIVE ON THE RIGHT OF RESIDENCE

No C 26/22                            Official Journal of the European Communities                                  3. 2. 90
                           Amended proposal for a Council Directive on the right of residence (')
                                                     COM(89) 675 final
              (Submitted by the Commission, pursuant to Article 149 (3) of the EEC Treaty on 21 December
                                                             1989)
                                                        (90/C 26/19)
              O OJ No C 191, 28. 7. 1989, p. 5. (COM(89) 275 final).
                      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, and in particular Article 100                 Economic Community, and in particular Article 100
 thereof,                                                          thereof,
 Having regard to the proposal from the Commission,                Having regard to the proposal from the Commission,
 Having regard      to   the  opinion   of   the  European         Having regard       to  the  opinion   of the   European
 Parliament,                                                       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 8a lays down that the internal market           Whereas    Article 8a 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 national provisions on the right of residence for          Whereas national provisions on the right of residence for
European citizens in Member States other than the one              European citizens in Member States other than the one
of which they are nationals should be harmonized to                of which they are nationals should be harmonized to
ensure such freedom of movement;                                   ensure such freedom of movement;
Whereas, as the ad hoc Committee on a People's Europe              Whereas, as the ad hoc Committee on a People's Europe
indicated in its report to the European Council in                 indicated in its report to the European Council in
Brussels on 29 and 30 March 1985, it is vital to avoid             Brussels on 29 and 30 March 1985, it is vital to avoid
migration flows resulting solely from financial consider-          migration flows resulting solely from financial consider-
ations based on the fact that the social security and              ations based on the fact that the social security and
social assistance systems have not been harmonized;                social assistance systems have not been harmonized;
whereas a European citizen wishing to reside in a                  whereas a European citizen wishing to reside in a
country other than his own should not constitute an                country other than his own should not constitute an
unreasonable burden on the public finances of the host             unreasonable burden on the public finances of the host
country; whereas, therefore, at the present stage in the           country; whereas, therefore, at the present stage in the
development of the Community, conditions should be                 development of the Community, conditions should be
laid down for the exercise of the right of residence;              laid down for the exercise of the right of residence;
 ---pagebreak--- 3. 2. 90                              Official Journal of the European Communities                             No C 26/23
                     ORIGINAL PROPOSAL                                               AMENDED PROPOSAL
                                                                Whereas the strengthening of the social dimension of the
                                                                internal market will help to reduce the existing disparities
                                                                between the social security systems in the Member States
                                                                but these disparities must not stand in the way of
                                                                freedom of movement and the right of residence of
                                                                Community nationals;
                                                                Whereas this Directive is a first step towards a
                                                                guaranteed     right    of    residence   throughout    the
                                                                Community for all citizens of the Member States;
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
convered by the same administrative arrangements         as     covered by the same administrative arrangements           as
those laid down in particular in Regulation (EEC)       No      those laid down in particular in Regulation (EEC)       No
1612/68 of the Council ('), Directive 68/360/EEC of     the      1612/68 of the Council (l), Directive 68/360/EEC of     the
Council (2), and Directive 64/221/EEC              of   the     Council (2), and Directive 64/221/EEC              of    the
Council (5),                                                    Council (3),
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 do not enjoy this right          nationals of Member States who do not enjoy this right
under other provisions of Community law, and to                 under other provisions of Community law, and to
members of their families as defined in Article 10 (1) of       members of their families as defined in Article 10 (1) of
Regulation (EEC) No 1612/68, provided that they and             Regulation (EEC) No 1612/68, provided that they and
the members of their family are covered by sickness             the members of their family are covered by sickness
insurance and have sufficient resources to avoid                insurance and have sufficient resources to avoid
becoming a burden on the social security system of the          becoming a burden on the social security system of the
host Member State during their period of residence.             host Member State during their period of residence.
                          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 card', 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        State, he or she shall be issued with a residence card with
with the same validity as that issued to the national on        the same validity as that issued to the national on whom
whom he or she depends.                                         he or she depends.
(') OJ No L 257, 19. 10. 1968, p. 2.                            O OJ No L 257, 19. 10. 1968, p. 2.
(2) OJ No L 257, 19. 10. 1968, p. 13.                           (2) OJ No L 257, 19. 10. 1968, p. 13.
O O] No 56, 4. 4. 1964, p. 850/64.                              f) OJ No 56, 4. 4. 1964, p. 850/64.
 ---pagebreak--- No C 26/24                            Official Journal of the European Communities                                 3. 2. 90
                    ORIGINAL PROPOSAL                                               AMENDED PROPOSAL
                                                                The amount of means of support that the applicant shall
                                                                be required to show shall not exceed the amount of the
                                                                subsistence minimum in the host country, and the
                                                                Member State issuing the residence permit shall fix no
                                                                other requirement than that the income be stable and
                                                                regular.
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 referred to in Article 1.           or she meets the conditions referred to 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 beneficiaries of this                64/221/EEC shall apply to 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.                                                     Commission.
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.