ext/celex/31964L0220

Official Journal of the European Communities 115

4.4.64 OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES 845/64

COUNCIL DIRECTIVE

of 25 February 1964

on the abolition of restrictions on movement and residence within the Community for nationals of Member States with regard to establishment and the provision of services

(64/220/EEC)

THE COUNCIL OF THE EUROPEAN ECONOMIC public health; whereas, in pursuance of Article 56 (2) COMMUNITY, of the Treaty, co-ordination of such measures is to be dealt with in a separate Directive; Having regard to the Treaty establishing the Euro ­ pean Economic Community, and in particular HAS ADOPTED THIS DIRECTIVE : Articles 54 and 63 thereof;

Having regard to the General Programmes1 for the Article 1 abolition of restrictions on freedom of establishment and on freedom to provide services, and in particular 1 . Member States shall, acting as provided in this Directive, abolish restrictions on the movement and Title II of each programme; residence of : Having regard to the proposal from the commission ; (a) nationals of a Member State who are established Having regard to the Opinion of the European Par ­ or who wish to establish themselves in another Member State in order to pursue activities as self ­ liament2 ; employed persons, or who wish to provide ser ­ Having regard to the Opinion of the Economic and vices in that State ; Social Committee3 ; (b ) nationals of Member States wishing to go to Whereas freedom of movement of persons as provided another Member State as recipients of services; for in the Treaty and in Title II of each of the General (c) the spouse and the children under twenty-one Programmes for the Abolition of restrictions on years of age of such nationals, irrespective of freedom of establishment and on freedom to provide their nationality; services entails the abolition of restrictions on move ­ ment and residence within the Community for (d) the relatives in the ascending and descending nationals of Member States wishing to establish lines of such nationals and of their spouse who themselves or to provide services within the territory are dependent on them, irrespective of ' the of another Member State; nationality of such relatives .

Whereas freedom of establishment can be fully at ­ 2. Member States shall give sympathetic consider ­ tained only if a right of permanent residence is ation to the case of any other member of the family granted to the persons who are to enjoy freedom of of any person referred to in paragraph 1 ( a) or (b) establishment; whereas freedom to provide services who is dependent on that person and living under the entails that persons providing and receiving services same roof. should have the right of residence for the time during which the services are being provided; Article 2 Whereas this Directive does not affect measures justi ­ 1 . Member States shall grant to the persons re ­ fied on grounds of public policy, public security or ferred to in Article 1 the right to enter their territory merely on production of a valid identity card or pass ­ port. 1 OJ No 2, 15.1.1962, pp. 32/62 and 36/62 . 2 OJ No 33 , 4.3.1963, p . 479/63 . 2. No entry visa or equivalent document shall be required, save in respect of persons covered by sub ­ 3 OJ No 56, 4.4.1964, p. 849/64.

116 Official Journal of the European Communities

paragraphs (c) and (d) of Article 1 ( 1 ) who do not ( a) the identity card or passport with which he or she have the nationality of a Member State. Member entered the territory; States shall endeavour to afford to such persons every facility for obtaining any necessary visas . (b) proof that he or she comes within one of the classes of person referred to in Article 3 .

Article 3 Article 6 1 . Each Member State shall grant the right of per ­ manent residence to nationals of other Member 1 . Member States shall, acting in accordance with States who establish themselves within its territory in their laws, issue to their nationals referred to in order to pursue activities as self-employed persons, Article 1 , and renew, an identity card or passport, when the restrictions on these activities have been which shall state in particular its holder's nationality abolished pursuant to the Treaty. and shall entitle him or her to leave and re-enter the country freely. As proof of this right a document (hereinafter called a 'residence permit') shall be issued. This document 2. The passport must be valid at least for all Mem ­ shall be valid for not less than five years and shall be ber States and for countries through which the holder automatically renewable. must pass when travelling between Member States. Any national of a Member State who does not come Where a passport is the only document with which within the provisions of the preceding subparagraphs the holder may lawfully leave the country, its period but who is authorised under the laws of another of validity shall be not less than five years. Member State to pursue an activity within its ter ­ ritory shall be granted a residence permit valid for a period not less than that of the authorisation granted Article 7 for the pursuit of the activity in question. Residence permits, passports and identity cards granted in pursuance of this Directive shall be issued 2. The right of residence for persons providing and and renewed free, of charge or on payment of a sum receiving services shall be of equal duration with the not exceeding their administrative costs. This pro ­ period during which the services are provided. vision shall apply also to documents and certificates required for the issue or renewal of such permits, Where such period exceeds three months, the Mem ­ passports and identity cards. ber State in the territory of which the services are performed shall issue a residence permit as proof of that right. Article 8 Where the period does not exceed three months, the Member States shall not derogate from the provisions identity card or passport with which the person con ­ of this Directive save on grounds of public policy, cerned entered the territory shall be sufficient to public security or public health. cover his stay. The Member State may, however, require the person concerned to report his presence in the territory. Article 9

Member States shall within six months of notification 3 . The right of residence of members of a family of this Directive put into force the measures necessary shall be the same as that of the national on whom to comply with its provisions and shall forthwith in ­ they are dependent. form the Commission thereof.

Article 4 Article 10 Subject to any measures taken in particular cases on This Directive is addressed to the Member States . grounds of public policy or public security, the right of residence shall be effective throughout the territory of the Member State concerned. Done at Brussels, 25 February 1964.

Article 5 For the Council An applicant for a residence permit shall not be re ­ The President quired by a Member State to produce anything other than the following, namely: H. FAYAT