Regulation (EEC) No 1251/70 of the Commission of 29 June 1970 on the right of workers to remain in the territory of a Member State after having been employed in that State

REGULATION (EEC) No 1251/70 OF THE COMMISSION  of 29 June 1970  on the right of workers to remain in the territory of a Member State after having been employed in that State
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 48 (3) (d) thereof, and Article 2 of the Protocol on the Grand Duchy of Luxembourg;
Having regard to the Opinion of the European Parliament (1);
Whereas Council Regulation (EEC) No 1612/68 (2) of 15 October 1968 and Council Directive No 68/360/EEC of 15 October 1968 (3) enabled freedom of movement for workers to be secured at the end of a series of measures to be achieved progressively ; whereas the right of residence acquired by workers in active employment has as a corollary the right, granted by the Treaty to such workers, to remain in the territory of a Member State after having been employed in that State ; whereas it is important to lay down the conditions for the exercise of such right;
Whereas the said Council Regulation and Council Directive contain the appropriate provisions concerning the right of workers to reside in the territory of a Member State for the purposes of employment ; whereas the right to remain, referred to in Article 48 (3) (d) of the Treaty ; is interpreted therefore as the right of the worker to maintain his residence in the territory of a Member State when he ceases to be employed there;
Whereas the mobility of labour in the Community requires that workers may be employed successively in several Member States without thereby being placed at a disadvantage;
Whereas it is important, in the first place, to guarantee to the worker residing in the territory of a Member State the right to remain in that territory when he ceases to be employed in that State because he has reached retirement age or by reason of permanent incapacity to work ; whereas, however, it is equally important to ensure that right for the worker who, after a period of employment and residence in the territory of a Member State, works as an employed person in the territory of another Member State, while still retaining his residence in the territory of the first State;
Whereas, to determine the conditions under which the right to remain arises, account should be taken of the reasons which have led to the termination of employment in the territory of the Member State concerned and, in particular, of the difference between retirement, the normal and foreseeable end of working life, and incapacity to work which leads to a premature and unforeseeable termination of activity ; whereas special conditions must be laid down where termination of activity is the result of an accident at work or occupational disease, or where the worker's spouse is or was a national of the Member State concerned;
Whereas the worker who has reached the end of his working life should have sufficient time in which to decide where he wishes to establish his final residence;
Whereas the exercise by the worker of the right to remain entails that such right shall be extended to members of his family ; whereas in the case of the death of the worker during his working life, maintenance of the right of residence of the members of his family must also be recognised and be the subject of special conditions;
Whereas persons to whom the right to remain applies must enjoy equality of treatment with national workers who have ceased their working lives;  (1)OJ No C 65, 5.6.1970, p. 16. (2)OJ No L 257, 19.10.1968, p. 2. (3)OJ No L 257, 19.10.1968, p. 13.