DIRECTIVE 2004/38/EC urgent help. please

[boloney]

hi
my friend is about to apply for child British passport, her husband has lived in UK for more than 5 years, never applied for PR card.
So they will apply on basis that he is PR automatically, but I can not find it in DIRECTIVE 2004/38/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2004.
All what I have found is:
chapter IV
section I
article 16 (1)
Union citizens who have resided legally for a continuous period of five years in the host
Member State shall have the right of permanent residence there. This right shall not be subject to
the conditions provided for in Chapter III.
article 16 (3)
Continuity of residence shall not be affected by temporary absences not exceeding a total of six
months a year, or by absences of a longer duration for compulsory military service, or by one
absence of a maximum of twelve consecutive months for important reasons such as pregnancy and
childbirth, serious illness, study or vocational training, or a posting in another Member State or a
third country.

Does`t say shall have the right of PR automatically.
did I miss something?
Urgent help needed.
Thanks in advance

[86ti]

Article 25.

[boloney]

Article 25.

thanks