No L 180/28 Official Journal of the European Communities 13..7. 90 COUNCIL DIRECTIVE of 28 June 1990 on the right of residence for employees and self-employed persons who have ceased their occupational activity (90/365/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the-European Economic Community, and in particular Article 235 thereof, Having regard to the proposal from the Commission (*), Having regard -to the opinion of the European Parlia- ment (%), ‘Having regard to the opinion of the Economic and Social Committee (%), ' Whereas Article 3 (c) of the Treaty provides that the act- ivities of the Community shall include, as provided in the Treaty, the abolition, as between Member States, of obstacles to freedom of movement for persons; Whereas Article 8a of the Treaty provides that the internal market must be established by 31 December 1992 ; whereas the internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured, in accor- dance with the provisions of the Treaty; Whereas Articles 48 and 52 of the Treaty provide for freedom of movement for workers and self-employed persons, which entails the right of residence in the Member States in which™ they pursue their occupational activity ; whereas it is desirable that this right of-residence also be granted to persons who. have ceased their occupa- | tional activity even if they have not exercised their- right to freedom of movement during their working life ; Whereas beneficiaries of the right of residence must not become an unreasonable burden on the public finances of the host Member State ; Whereas under Article 10 of Regulation- (EEC) No 1408/71 (*), as amended by Regulation - (EEC) No 1390/81 (%), recipients. of invalidity or old age cash bene- fits. or pensions for accidents.at work or occupational diseases are entitled to continue to receive these benefits and. pensions even if they reside in the territory of a Member State-other than that in which the institution responsible for payment is situated; . ' (") OJ No C 191, 28. 7. 1989, p. 3; and OJ No C 26, 3. 2. 1990, p. 19. (» Opinion delivered on 13 June 1990 (not yet published in the Official Journal). () OJ No T 329, 30. 12. 1989, p. 25. () OJ No L 149, 5. 7. 1971, p. 2. () OJ No L 143, 29. 5. 1981, p. 1. Whereas this right can only be genuinely exercised if it is also granted to members of the family; Whereas the beneficiaries of this Directive should be covered by administrative arrangements similar to those laid down in particular by Directive 68/630/EEC (¥) and - Directive 64/221/EEC (') ; Whereas the Treaty does not provide, for the action concerned, powers other than those of Article 235, HAS ADOPTED THIS DIRECTIVE : Article 1 1.  Member States shall grant the right of residence to nationals of Member-States who have pursued an activity as'an employee or self-employed person and to members of their families as defined in- paragraph 2, provided that they are recipients of an invalidity or early retirement pension, or old age benefits, or of a pension in respect of an industrial accident or disease of an amount sufficient to avoid becoming a burden on the social security system of the host Member State during their period of residence and provided they are covered by sickness insurance in respect .of all risks in -the host-Member State. The resources of the applicant shall be deemed sufficient where-they are higher than the level of resources below which the host Member State may grant social assistance to its nationals, taking into account the personal circum- stances of persons admitted pursuant to paragraph 2. Where the second subparagraph cannot be applied in a Member State, the resources of the applicant shall be ~ deemed sufficient if they are higher than the level of the minimum social security pension paid by the host Member State. 2. The following shall; irrespective: of their nationality, have the right to install themselves in another Member . State with the holder of “the right .of residence : (@) his or her spouse and their descendants who are dependants ; (b) dependent relatives in the ascending line of the holder of the right of residence and his or her spouse. () OJ No L 257, 19. 10. 1968, p. 13. () OJ No 56, 4. 4. 1964, p. 850/64.