Proposal for a European Parliament and Council Directive amending Directive 68/360/EEC on the abolition of restrictions on movement and residence within the Community for workers of Member States and their families
C 344/12 EN Official Journal of the European Communities 12. 11. 98 The procedure for issuing a residence permit to such members of the family following dissolution of the marriage shall be as laid down in Article 4a of Council Directive 68/360/EECØ(*). Article 11 Where a national of a Member State is pursuing an activity as an employed or self employed person in the territory of a Member State, members of his family covered by Article 10 shall have the right to take up any activity as an employed or self employed person throughout the territory of that same State and to pursue it in accordance with the laws, reguÜ lations and administrative provisions governing the employment of workers who are nationals of that State. They retain this right is dissolved, on condition that they have lived in the territory under the terms of Article 10(1) for a period of at least five consecutive years. if the marriage (*) OJ L 257, 19. 10. 1968, p. 13’. 10. The first indent of Article 12 is replaced by the following: "The members of the family of a national of a Member State who is or has been employed in the territory of another Member State who are covered by Article 10 shall be admitted to that State’s general educational, or non university vocational training courses under the same conditions as nationals of that State, if they are residing in that territory’. apprenticeship university and Article 2 This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Communities. This Regulation shall be binding directly applicable in all Member States. in its entirety and Proposal for a European Parliament and Council Directive amending Directive 68/360/EEC on the abolition of restrictions on movement and residence within the Community for workers of Member States and their families (98/C 344/08) (Text with EEA relevance) COM(1998) 394 final - 98/0230(COD) (Submitted by the Commission on 14 October 1998) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 49 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the Economic and Social Committee, Acting in accordance with the procedure laid down in Article 189b of the Treaty, (1) Whereas Council Directive 68/360/EECØ(˛), as last the Act of Accession of Austria, amended by Finland and Sweden, lays down conditions for the abolition of certain restrictions on movement and residence for persons covered by Council Regulation (EEC) No 1612/68 of 15 October 1968 on freedom of movement for workers within the CommunityØ(ˇ), as last amended by European Parliament and Council Regulation (EC) NoØ. Ø. Ø. /. Ø. Ø. ; (2) Whereas Regulation (EEC) No 1612/68 has been amended to cover a wider range of persons; whereas this makes line with it necessary to adjust, the provisions of Directive these amendments, family 68/360/EEC regards workers and as in (˛) OJ L 257, 19. 10. 1968, p. 13. (ˇ) OJ L 257, 19. 10. 1968, S. 2. 12. 11. 98 EN Official Journal of the European Communities C 344/13 members who are citizens of the European Union, and also family members who are not citizens of the European Union; HAVED ADOPTED THIS DIRECTIVE: (3) Whereas, as the Court of Justice of the European Communities has pointed out on several occasions, the administrative position of job seekers has not always been clear, even though they are effectively covered by Article 48 of the Treaty and by ReguÜ lation (EEC) No 1612/68; whereas their right of residence for the purpose of looking for work, for the length of time this takes, without the need to hold a residence permit, should be clearly laid down; (4) Whereas it is desirable to allow the aggregation of periods of residence so as to enable a worker who has been in employment for over 12 months during a continuous residence period of over 18 months to obtain a five year permit; whereas this amendment is important in order to cater for temporary relocations and to respond to the reality of the Community’s labour market where it is not always possible for workers employment immediately on taking up their first contract; permanent obtain to (5) Whereas a worker who has resided for a period of five years in the territory of a Member State should be entitled to automatic renewal of his residence permit the procedure issuing residence permits should be simplified and, if possible, brought into line with issue national identity papers; for periods of 10 years; whereas the procedure used involved to in (6) Whereas the expulsion of Community workers or members of their family on grounds of public policy or public security is a radical step which may seriously harm persons who, availing themselves of the rights and freedoms laid down in the Treaty, have the host Member State; whereas the scope of these measures should be restricted, regard being had to the degree of integration and the financial and family ties of the person affected; themselves integrated truly into Article 1 Directive 68/360/EEC is amended as follows: 1. The first sentence of Article 2(1) is replaced by the following: "Member States shall grant the nationals referred to in Article 1 the right to leave their territory in order to seek employment, to join vocational training courses or to take up activities as employed persons and to pursue such activities in the territory of another Member State’. 2. The following subparagraph is added to Article 3(2): "However, Member States shall allow family members who are nationals of a non member country and who normally reside in a Member State to obtain the necessary visas or equivalent documents the Member State in which they were residing or in the Member State in which these persons are to take up residence with the worker under the terms of Article 10 of Regulation (EEC) No 1612/68’. in 3. Article 4 is amended as follows: (a) In paragraph 2, the term "Residence permit for a is national of a Member State of the EEC’ replaced by "Residence permit for a citizen of the European Union’. (b) Paragraph 3 is amended as follows: (i) in the opening phrase the term "Residence permit for a national of a Member State of the EEC’ is replaced by "Residence permit for a citizen of the European Union’; (ii) point (b) is replaced by the following: (7) Whereas the grant of an autonomous right of residence to members of the family who have lived in the country for a period of three consecutive years has been incorporated into Regulation (EEC) No 1612/68; whereas this should therefore be included in Directive 68/360/EEC so that the procedures for conferring this right can be established; (8) Whereas Directive 68/360/EEC should therefore be amended accordingly, "(b) a confirmation of engagement by the employer or an vocational training course certificate’; employment or (iii) point (e) is replaced by the following: "(e) in the cases referred to in point (c) of in Article 10(2) of a the competent Article 10(1) and Regulation document (EEC) No 1612/68, issued by C 344/14 EN Official Journal of the European Communities 12. 11. 98 authority of the State of origin or the State whence they came, testifying that they are dependent on the worker or that they live under his roof in such country’. 4. Article 4(a) is inserted: "Article 4a 1. Ú In the event of dissolution of the marriage, Member States shall recognise the right of residence on their territory of members of the familiy of a Community worker who are not nationals of a Member State but who have lived for a period of three consecutive years in a Member State under Article 10 of Regulation (EEC) No 1612/68 in accordance with paragraphs 2 and 3 of this Article. they can provide evidence 2. Ú Where the family members are not economically active, the right of residence is recognised provided they have that sufficient financial resources for themselves and their dependants and insurance covering all risks in the Member State in which they are living. they have health that that The provisions of Council Directive 90/364/EEC(*) relating to the assessment of sufficient resources, the duration of residence permits and their renewal shall apply mutatis mutandis to the application of the first subparagraph. 3. Ú The right of residence of family members pursuing economic activities under Article 11 of Regulation (EEC) No 1612/68 shall be recognised on presentation of a contract of employment, a certificate of employment or a declaration of self employment. Articles 6 and 9 of this Directive shall apply mutatis mutandis to the duration of the residence permit and conditions for renewal. 5. Article 6 is amended as follows: (a) Point (b) of paragraph 1 is replaced by the following: "(b) must be valid for at least five years from the issue and must be automatically date of renewable for a period of 10 years’. (b) Paragraph 2 is replaced by the following: in residence not exceeding "2. Ú Breaks six consecutive months and absence on military service or due to reasons of health, maternity, study or posting for employment shall not affect the validity of a residence permit’. (c) The following subparagraph is inserted after the first subparagraph of paragraph 3: "Nevertheless, where a worker has had several successive temporary jobs over a total period of more than 12 months during a residence period of 18 months, the host Member State shall issue him with the residence permit mentioned in the first subparagraph on presentation of a declaration of employment or a certificate of employment, even if the job is of a duration of under one year’. (d) The following paragraph 4 is added: "4. Ú Subject to the provisions of point (d) of Article 8(1), a worker who is unemployed after a period working in a Member State and has a residence permit under the first subparagraph of paragraph 3 has the right to automatic renewal of that residence permit for periods of at least six months as long as he is seeking work. Without prejudice to the first subparagraph, if the person in question has acquired the right to unemployment benefit, the residence permit shall be renewed automatically until his entitlement to unemployment benefit ceases’. 4. Ú Absences not exceeding six consecutive months and absences in connection with the completion of military service or for reasons of health, for maternity or study shall not constitute an interruption of the period of residence for the purpose of calculating the three year period referred to in paragraph 1. 6. Article 7 is replaced by the following: "Article 7 (*) OJ L 180, 13. 7. 1990, p. 26’. A valid residence permit may not be withdrawn from a worker solely on the grounds that he is no longer in employment, temporarily incapable of work as a result of illness, accident, or maternity, or because he is involuntarily unemployed, either because he is 12. 11. 98 EN Official Journal of the European Communities C 344/15 this being duly employment services. confirmed by the competent If it expires during the time he is incapable of work, it shall be renewed automatically in accordance with Article 6’. 7. The following point (d) is added to Article 8(1): in its territory. If the person "(d) a national of a Member State who is seeking employment is seeking employment for longer than six months, the Member State may ask the job seeker to prove that he is actively looking for work and that he has a reasonable chance of being offered employment’. 8. Article 9 is amended as follows: (a) Paragraph 1 is replaced by the following: "1. Ú The to residence documents persons covered by this Directive shall be issued and renewed free of charge or on payment of an amount not exceeding the dues and taxes charged for the issue of identity cards to nationals’. granted (b) Paragraph 3 is replaced by the following: take "3. Ú Member States shall the necessary measures to bring the procedures in this Directive for issuing residence documents into line with issuing of national existing procedures for the identity cards or other equivalent national papers’. 9. Article 10 is replaced by the following: "Article 10 Nevertheless, in applying the derogations referred to in the first paragraph, Member States shall take into account the degree to which the person affected by such measures has been integrated into their territory, with a view to possibly restricting the extent of such derogation. into To determine the extent which a person has been integrated the Member State of residence, Member States shall take into account circumstances such as the fact that the person in question was born in that State, has undertaken most of his studies or training in that State or has major cultural, social, professional or family links with that State’. Article 2 1. Ú Member States shall bring laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2000 at the latest. They shall forthwith inform the Commission thereof. into force the When Member States adopt those provisions, they shall contain a reference to this Directive or shall be accomÜ panied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made. 2. Ú Member the shall Commission the text of domestic law which they adopt in the field governed by this Directive. communicate States to Article 3 This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities. Member States shall not derogate from the provisions of this Directive save on grounds of public policy, public security or public health. Article 4 This Directive is addressed to the Member States