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PRACTICE NOTES
This Practice Note examines the extended right of residence by EU citizens beyond the initial three months of residence, where the EU citizens are not active, either as workers or self-employed persons. Note that throughout this Practice Note the term 'EU citizens' refers to nationals of the EU Member States. Nationals of the European Economic Area (Norway, Iceland and Liechtenstein) also benefit from EU free movement law, under Directive 2004/38/EC, the Citizens’ Directive. Accordingly, where EU citizens are referred to in this Practice Note, they also include EEA nationals. Students EU national students will gain a right of residence beyond three months under the Citizens' Directive if they: • are enrolled at a private or public establishment, which is accredited or financed from public funds on the basis of its legislation or administrative practice, for the principal purpose of following a course of study, including vocational training • have comprehensive sickness insurance cover in the host Member State, and • provide a declaration, or demonstrate by such equivalent means as they may
PRACTICE NOTES
This Practice Note examines the conditions under which the rights of residence and admission in the host Member State by EU citizens and their family members can be restricted. Non-exercise of treaty rights EU citizens and their family members can be excluded or expelled on the grounds other than public policy or security, but this is subject to important restrictions as listed below in the following sub-section, concerning restriction measures taken on the grounds of public policy, security and health. When seeking to restrict the rights of residence/entry of EU citizens and their family members on grounds not related to public policy, security or health, the Court of Justice has ruled that Article 15 of Directive 2004/38/EC (the Citizens’ Directive) entitled ‘Procedural guarantees’, provides, in paragraph 1, that the procedures provided for by Articles 30 and 31 of the Directive are to apply by analogy to all decisions restricting free movement of EU citizens and their family members on grounds other than public policy, public security or public health. Furthermore, Article
PRACTICE NOTES
This Practice Note summarises the rights of entry and residence of European Union citizens (EU) citizens under EU free movement law. Note that throughout the term 'EU citizens' refers to nationals of EU Member States. Nationals of the European Economic Area (Norway, Iceland and Lichtenstein) also benefit from EU free movement law, under Directive 2004/38/EC, the Citizens’ Directive. Accordingly, where EU citizens are referred to in this Practice Note, they also include EEA nationals. It is important to be aware that entry and residence on this basis is by right (under the Treaty on the Functioning of the European Union (TFEU)), and EU citizens (and non-EU nationals) who meet the conditions for an EU right of residence, under secondary legislation, the Citizens’ Directive, are not required to obtain leave to enter or remain in the host Member State. Rights of entry Under the Citizens' Directive, EU citizens are able to enter the host Member State on production of a valid passport or national identity card, unless one of the grounds of exclusion permitted
PRACTICE NOTES
Key information EU CLP Regulation Title Regulation (EC) 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures (EU CLP Regulation). Entry into force 20 January 2009.Applicable to substances placed on the market since 1 December 2010 and to mixtures placed on the market since 1 June 2015. Deadline for transposition N/A: Regulations are directly applicable, so no transposition into national legislation is required. Repeals From 1 June 2015, the EU CLP Regulation fully replaced the previous classification system under the Dangerous Substances Directive 67/548/EEC (DSD) and the Dangerous Preparations Directive 1999/45/EC (DPD), both of which are no longer in force.For more information, see Practice Note: Classification, packaging and labelling of dangerous substances prior to implementation of the CLP Regulation (EC) No 1272/2008—snapshot [Archived]. Amending Regulation (EC) 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals
PRACTICE NOTES
Context Under the European Green Deal, the EU has set itself ambitious targets to reduce its greenhouse gas emissions progressively up to and beyond 2030 with the ultimate aim of reaching net-zero emissions by 2050. Regulation (EU) 2021/1119 of 30 June 2021 (the EU Climate Regulation) places a legally binding obligation on the EU to achieve a 55% reduction in carbon emissions compared to 1990 levels by 2030 and to reach full carbon neutrality by 2050. The Commission calculates that the production and use of energy accounts for more than 75% of the EU’s greenhouse gas (GHG) emissions. Rapid decarbonisation of the energy system will be critical step in meeting the emissions objectives for 2030 and 2050. To achieve this, the EU is developing and implementing a legal and policy framework for a climate neutral, ‘clean’, energy system, centred around renewable energy and renewable hydrogen, coupled with improved energy efficiency. The transition to a low-carbon energy system has been on the EU’s policy agenda for some time. The European Green Deal targets build upon,
PRACTICE NOTES
Context Under the European Green Deal, the EU has set ambitious targets to reduce its greenhouse gas emissions progressively up to and beyond 2030 with the ultimate aim of reaching net zero emissions by 2050. Regulation (EU) 2021/1119 of 30 June 2021 (the EU Climate Regulation) places a legally binding obligation on the EU to achieve a 55% reduction in carbon emissions compared to 1990 levels by 2030 and to reach full carbon neutrality by 2050. The Commission calculates that the production and use of energy accounts for more than 75% of the EU’s greenhouse gas (GHG) emissions. Rapid decarbonisation of the energy system will be critical step in meeting the emissions objectives for 2030 and 2050. To achieve this, the EU is developing and implementing a legal and policy framework for a climate neutral, ‘clean’, energy system, centred around renewable energy and renewable hydrogen, coupled with improved energy efficiency. The transition to a low-carbon energy system has been on the EU’s policy agenda for some time. The European Green Deal targets build upon, and increase
PRACTICE NOTES
Context Under the European Green Deal, the EU has set ambitious targets to reduce its greenhouse gas emissions progressively up to and beyond 2030 with the ultimate aim of reaching net zero emissions by 2050. Regulation (EU) 2021/1119 of 30 June 2021 (the EU Climate Regulation) places a legally binding obligation on the EU to achieve a 55% reduction in carbon emissions compared to 1990 levels by 2030 and to reach full carbon neutrality by 2050. The Commission calculates that the production and use of energy accounts for more than 75% of the EU’s greenhouse gas emissions. Rapid decarbonisation of the energy system will be a critical step in meeting the emissions objectives for 2030 and 2050. To achieve this, the EU is currently developing and implementing a legal and policy framework for a climate neutral, ‘clean’, energy system, centred around renewable energy and renewable hydrogen, coupled with improved energy efficiency. The transition to a low-carbon energy system has been on the EU’s policy agenda for some time. The European Green Deal targets build
PRACTICE NOTES
Context Under the European Green Deal, the EU has set ambitious targets to reduce its greenhouse gas emissions progressively up to and beyond 2030 with the ultimate aim of reaching net zero emissions by 2050. Regulation (EU) 2021/1119 of 30 June 2021 (the EU Climate Regulation) places a legally binding obligation on the EU to achieve a 55% reduction in carbon emissions compared to 1990 levels by 2030 and to reach full carbon neutrality by 2050. The European Commission calculates that the production and use of energy accounts for more than 75% of the EU’s greenhouse gas emissions. Rapid decarbonisation of the energy system will be a critical step in meeting the emissions objectives for 2030 and 2050. To achieve this, the EU is in the process of developing and implementing a legal and policy framework for a climate neutral, ‘clean’, energy system, centred around renewable energy and renewable hydrogen coupled with improved energy efficiency. The transition to a low-carbon energy system has been on the EU’s policy agenda for some time. The European Green Deal
PRACTICE NOTES
Context Under the European Green Deal, the EU has set ambitious targets to reduce its greenhouse gas emissions progressively up to and beyond 2030 with the ultimate aim of reaching net zero emissions by 2050. Regulation (EU) 2021/1119 of 30 June 2021 (the EU Climate Regulation) places a legally binding obligation on the EU to achieve a 55% reduction in carbon emissions compared to 1990 levels by 2030 and to reach full carbon neutrality by 2050. The Commission calculates that the production and use of energy accounts for more than 75% of the EU’s greenhouse gas emissions. Rapid decarbonisation of the energy system will be a critical step in meeting the emissions objectives for 2030 and 2050. To achieve this, the EU is currently developing and implementing a legal and policy framework for a climate neutral, ‘clean’, energy system, centred around renewable energy and renewable hydrogen, coupled with improved energy efficiency. The transition to a low-carbon energy system has been on the EU’s policy agenda for some time. The European Green Deal targets build upon,
PRACTICE NOTES
Context—what’s next for the European Green Deal? In December 2019, the Commission published its ‘European Green Deal’, described as ‘a roadmap for making the EU’s economy sustainable by turning climate and environmental challenges into opportunities across all policy areas and making the transition just and inclusive for all’. The Green Deal outlined an ambitious set of ‘deeply transformative’ legislative and policy measures to be taken in the following areas: • climate action—notably, the Green Deal formed the basis of legally binding targets for a 55% reduction in carbon emissions by 2030 and achieving net-zero by 2050 (see Practice Note: EU Climate Regulation—snapshot) • biodiversity restoration • water, air and soil pollution • energy • industry • built environment • transport, and • agriculture For more information on progress against the Green Deal’s objectives, see Practice Note: The European Green Deal—tracker. Major progress was made between 2019 and 2024 in terms of new legislation and policy under the banner of the European Green Deal, but a palpable political shift began to be felt as the 2024 European
PRACTICE NOTES
Key information Critical Raw Materials Act Title Regulation (EU) 2024/1252 of the European Parliament and of the Council of 11 April 2024 establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulation (EU) 168/2013, Regulation (EU) 2018/858, Regulation (EU) 2018/1724 and Regulation (EU) 2019/1020Note that corrections have been made to the Act on 3 June 2024 and 1 October 2024, as reflected in the consolidated version Publication in the OJEU 3 May 2024 Entry into force 23 May 2024, subject to the following exceptions:—Articles 40 and 41 (amending Regulation (EU) 168/2013 and Regulation (EU) 2018/858, both on vehicle market surveillance, respectively) will apply from 24 May 2028 Subject matter Critical raw materials; Net-zero technologies; Net-zero industry; Industrial decarbonisation Introduction and context Critical raw materials are of high economic importance for Europe while being also highly vulnerable to supply disruptions. A number of critical raw materials are closely linked to clean technologies and therefore critical to the green transition. For example,
PRACTICE NOTES
Key information Net Zero Industry Act Title Regulation (EU) 2024/1735 of the European Parliament and of the Council of 13 June 2024 on establishing a framework of measures for strengthening Europe’s net-zero technology manufacturing ecosystem and amending Regulation (EU) 2018/1724Note that Article 23(11) was corrected on 5 February 2025, as reflected in the consolidated version Publication in the Official Journal 28 June 2024 Entry into force 29 June 2024, subject to the following exceptions:—Article 25(1) applies only to contracts concluded by central purchasing bodies (as defined in Article 2(1)(16) of Directive 2014/24/EU and Article 2(1)(12) of Directive 2014/25/EU) for contracts of a value equal to higher than €25m until 30 June 2026—Articles 26 and 28 apply from 30 December 2025 Subject matter Net-zero technologies; Net-zero industry; Industrial decarbonisation Introduction and context Regulation (EU) 2024/1735 (the Net-Zero Industry Act (NZIA)) entered into force on 29 June 2024. Its sister legislation, Regulation (EU) 2024/1252 (the Critical Raw Materials Act (CRMA)) entered into force on 23 May 2024.