Directive 2004/38/EC of the European Parliament and of the CouncilShow full title

CHAPTER VII Final provisions

Article 34 Publicity

Member States shall disseminate information concerning the rights and obligations of Union citizens and their family members on the subjects covered by this Directive, particularly by means of awareness-raising campaigns conducted through national and local media and other means of communication.

Article 35 Abuse of rights

Member States may adopt the necessary measures to refuse, terminate or withdraw any right conferred by this Directive in the case of abuse of rights or fraud, such as marriages of convenience. Any such measure shall be proportionate and subject to the procedural safeguards provided for in Articles 30 and 31.

Article 36 Sanctions

Member States shall lay down provisions on the sanctions applicable to breaches of national rules adopted for the implementation of this Directive and shall take the measures required for their application. The sanctions laid down shall be effective and proportionate. Member States shall notify the Commission of these provisions not later than(1) and as promptly as possible in the case of any subsequent changes.

Article 37 More favourable national provisions

The provisions of this Directive shall not affect any laws, regulations or administrative provisions laid down by a Member State which would be more favourable to the persons covered by this Directive.

Article 38 Repeals

1. Articles 10 and 11 of Regulation (EEC) No 1612/68 shall be repealed with effect from ...(1).

2. Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC shall be repealed with effect from(1).

3. References made to the repealed provisions and Directives shall be construed as being made to this Directive.

Article 39 Report

No later than(2) the Commission shall submit a report on the application of this Directive to the European Parliament and the Council, together with any necessary proposals, notably on the opportunity to extend the period of time during which Union citizens and their family members may reside in the territory of the host Member State without any conditions. The Member States shall provide the Commission with the information needed to produce the report.

Article 40 Transposition

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by(3).

When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.

2. Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field covered by this Directive together with a table showing how the provisions of this Directive correspond to the national provisions adopted.

Article 41 Entry into force

This Directive shall enter into force on the day of its publication in the Official Journal of the European Union.

Article 42 Addressees

This Directive is addressed to the Member States.

(1)

Two years from the date of entry into force of this Directive.

(2)

Four years from the date of entry into force of this Directive.

(3)

Two years from the date of entry into force of this Directive.