Procedure : 2013/0081(COD)
Document stages in plenary
Document selected : A7-0377/2013

Texts tabled :

A7-0377/2013

Debates :

PV 24/02/2014 - 21
CRE 24/02/2014 - 21

Votes :

PV 25/02/2014 - 5.13

Texts adopted :

P7_TA(2014)0122

REPORT     ***I
PDF 524kWORD 617k
12 November 2013
PE 514.798v02-00 A7-0377/2013

on the proposal for a directive of the European Parliament and of the Council on the conditions of entry and residence of third-country nationals for the purposes of research, studies, pupil exchange, remunerated and unremunerated training, voluntary service and au pairing (recast)

(COM(2013)0151 – C7-0080/2013 – 2013/0081(COD))

Committee on Civil Liberties, Justice and Home Affairs

Rapporteur: Cecilia Wikström

(Recast – Rule 87 of the Rules of Procedure)

AMENDMENTS
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 ANNEX: LETTER FROM THE COMMITTEE ON LEGAL AFFAIRS
 ANNEX: OPINION OF THE CONSULTATIVE WORKING PARTY OF THE LEGAL SERVICES OF THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE COMMISSION
 OPINION of the Committee on Employment and Social Affairs
 OPINION of the Committee on Legal Affairs
 PROCEDURE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a directive of the European Parliament and of the Council on the conditions of entry and residence of third-country nationals for the purposes of research, studies, pupil exchange, remunerated and unremunerated training, voluntary service and au pairing (recast)

(COM(2013)0151 – C7-0080/2013 – 2013/0081(COD))

(Ordinary legislative procedure – recast)

The European Parliament,

–   having regard to the Commission proposal to Parliament and the Council (COM(2013)0151),

–   having regard to Article 294(2) and Article 79(2)(a) and (b) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0080/2013),

–   having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–   having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Greek Parliament, asserting that the draft legislative act does not comply with the principle of subsidiarity,

–   having regard to the opinion of the European Economic and Social Committee of 18 September 2013(1),

–   after consulting the Committee of the Regions,

–   having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts(2),

–   having regard to the letter of 20 September 2013 from the Committee on Legal Affairs to the Committee on Civil Liberties, Justice and Home Affairs in accordance with Rule 87(3) of its Rules of Procedure,

–   having regard to Rules 87 and 55 of its Rules of Procedure,

–   having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinions of the Committee on Employment and Social Affairs and the Committee on Legal Affairs (A7-0377/2013),

A. whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance;

1.  Adopts its position at first reading hereinafter set out, taking into account the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment  1

Proposal for a directive

Recital 2

Text proposed by the Commission

Amendment

(2) This Directive should respond to the need identified in the implentation reports of the two Directives to remedy the identified weaknesses, and to offer a coherent legal framework for different groups coming to the Union from third countries. It should therefore simplify and streamline the existing provisions for the different groups in a single instrument. Despite differences between the groups covered by this Directive, they also share a number of characteristics which makes it possible to address them through a common legal framework at Union level.

(2) This Directive should respond to the need identified in the implementation reports of the two Directives to remedy the identified weaknesses, to ensure transparency and legal certainty and to offer a coherent legal framework for different groups coming to the Union from third countries. It should therefore simplify and streamline the existing provisions for the different groups in a single instrument. Despite differences between the groups covered by this Directive, they also share a number of characteristics which makes it possible to address them through a common legal framework at Union level.

Amendment  2

Proposal for a directive

Recital 6

Text proposed by the Commission

Amendment

(6) This Directive should also aim at fostering people-to-people contacts and mobility, as important elements of the Union's external policy, notably vis-à-vis the countries of the European Neighbourhood Policy or the Union's strategic partners. It should allow for a better contribution to the Global Approach to Migration and Mobility and its Mobility Partnerships which offer a concrete framework for dialogue and cooperation between the Member States and third countries, including in facilitating and organizing legal migration.

(6) This Directive should also aim at fostering people-to-people contacts and mobility, as important elements of the Union's external policy, notably vis-à-vis the countries of the European Neighbourhood Policy or the Union's strategic partners. It should allow for a better contribution to the Global Approach to Migration and Mobility and its Mobility Partnerships which offer a concrete framework for dialogue and cooperation between the Member States and third countries, including in facilitating and organizing regular migration.

Amendment  3

Proposal for a directive

Recital 7

Text proposed by the Commission

Amendment

(7) Migration for the purposes set out in this Directive should promote the generation and acquisition of knowledge and skills. It constitutes a form of mutual enrichment for the migrants concerned, their country of origin and the host Member State and helps to promote better familiarity among cultures.

(7) Migration for the purposes set out in this Directive should promote the generation and acquisition of knowledge and skills. It constitutes a form of mutual enrichment for the migrants concerned, their country of origin and the host Member State, while strengthening cultural links and enriching cultural diversity.

Amendment  4

Proposal for a directive

Recital 8

Text proposed by the Commission

Amendment

(8) This Directive should promote the Union as an attractive location for research and innovation and advance the Union in the global competition for talent. Opening the Union up to third-country nationals who may be admitted for the purposes of research is also part of the Innovation Union flagship initiative. Creating an open labour market for Union researchers and for researchers from third countries was also affirmed as a key aim of the European Research Area (ERA), a unified area, in which researchers, scientific knowldedge and technology circulate freely.

(8) This Directive should promote the Union as an attractive location for research and innovation and advance the Union in the global competition for talent and, in so doing, lead to an increase in the Union's overall competitiveness and growth rates while creating jobs that make a greater contribution to GDP growth. Opening the Union up to third-country nationals who may be admitted for the purposes of research is also part of the Innovation Union flagship initiative. Creating an open labour market for Union researchers and for researchers from third countries was also affirmed as a key aim of the European Research Area (ERA), a unified area, in which researchers, scientific knowledge and technology circulate freely.

Amendment  5

Proposal for a directive

Recital 11

Text proposed by the Commission

Amendment

(11) In order to make the Union more attractive for third-country national researchers, family members of researchers, as defined in Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification, should be admitted with them. They should benefit from intra- Union mobility provisions and they should also have access to the labour market.

(11) In order to make the Union more attractive for third-country national researchers and students, family members of researchers and students, as defined in Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification, should be admitted with them. They should benefit from intra- Union mobility provisions and they should also have access to the labour market.

Amendment  6

Proposal for a directive

Recital 14

Text proposed by the Commission

Amendment

(14) In order to promote Europe as a whole as a world centre of excellence for studies and training, the conditions for entry and residence of those who wish to come to the Union for these purposes should be improved. This is in line with the objectives of the Agenda for the modernisation of Europe's higher education systems, in particular within the context of the internationalisation of European higher education. The approximation of the Member States' relevant national legislation is part of this endeavour.

(14) In order to promote Europe as a whole as a world centre of excellence for studies and training, the conditions for entry and residence of those who wish to come to the Union for these purposes should be improved, simplified and facilitated. This is in line with the objectives of the Agenda for the modernisation of Europe's higher education systems, in particular within the context of the internationalisation of European higher education. The approximation of the Member States' relevant national legislation towards more favourable rules for third-country nationals is part of this endeavour.

Amendment  7

Proposal for a directive

Recital 15

Text proposed by the Commission

Amendment

(15) The extension and deepening of the Bologna process launched through the Bologna Declaration has led to the progressive convergence of higher education systems in participating countries but also beyond them. This is because national authorities have supported the mobility of students and academic staff, and higher education establishments have integrated it in their curricula. This needs to be reflected through improved intra-Union mobility provisions for students. Making European higher education attractive and competitive is one of the objectives of the Bologna declaration. The Bologna process led to the establishment of the European Higher Education Area. Streamlining the European higher education sector has made it more attractive for students who are third-country nationals to study in Europe.

(15) The extension and deepening of the Bologna process launched through the Bologna Declaration has led to the progressive convergence of higher education systems in participating countries but also beyond them. This is because national authorities have supported the mobility of students and academic staff, and higher education establishments have integrated it in their curricula. This needs to be reflected through improved intra-Union mobility provisions for students. Making European higher education attractive and competitive is one of the objectives of the Bologna declaration. The Bologna process led to the establishment of the European Higher Education Area. Streamlining the European higher education sector has made it more attractive for students who are third-country nationals to study in Europe. The involvement of numerous third countries in the Bologna process and Union student mobility programmes makes the introduction of harmonised and simplified mobility rules for nationals of the countries concerned essential.

Amendment  8

Proposal for a directive

Recital 22

Text proposed by the Commission

Amendment

(22) Once all the general and specific conditions for admission are fulfilled, Member States should issue an authorisation, i.e. a long stay visa and/or residence permit, within specified time limits. If a Member State issues a residence permit on its territory only and all the conditions of this Directive relating to admission are fulfilled, the Member State should grant the third-country national concerned the requisite visas.

(22) Once all the general and specific conditions for admission are fulfilled, Member States should issue an authorisation, i.e. a long stay visa and/or residence permit, within specified time limits, which should not be hampered or invalidated by additional requirements. If a Member State issues a residence permit on its territory only and all the conditions of this Directive relating to admission are fulfilled, the Member State should grant the third-country national concerned the requisite visas.

Amendment  9

Proposal for a directive

Recital 25

Text proposed by the Commission

Amendment

(25) Member States may charge applicants for processing applications for authorisations. The fees should be proportionate to the purpose of the stay.

(25) Member States should consider waiving fees for entry and residence of third-country nationals for the purposes of this Directive. Should Member States require third-country nationals to pay fees, those should be proportionate to the purpose of the stay and should not constitute an obstacle to the objectives of the Directive.

Amendment  10

Proposal for a directive

Recital 28

Text proposed by the Commission

Amendment

(28) Admission may be refused on duly justified grounds. In particular, admission could be refused if a Member State considers, based on an assessment of the facts, in an individual case, that the third-country national concerned is a potential threat to public policy, public security or public health.

(28) Admission may be refused on duly justified grounds. In particular, admission could be refused if a Member State considers, based on an assessment of the facts, in an individual case, that the third-country national concerned is a potential threat to public policy or public security.

Amendment  11

Proposal for a directive

Recital 30

Text proposed by the Commission

Amendment

(30) National authorities should inform third-country nationals who apply for admission to the Member States under this Directive of a decision on the application. They should do so in writing as soon as possible and, at the latest within 60 days, or, as soon as possible and at the latest within 30 days in the case of researchers and students covered by Union programmes including mobility measures, starting from the date of the application.

(30) National authorities should inform third-country nationals who apply for admission to the Member States under this Directive of a decision on the application. They should do so in writing as soon as possible and at the latest within 30 days, starting from the date of the application. Member States should inform the applicant as soon as possible of any further information they need for processing the application. In the event that national law provides for an administrative appeal against a negative decision, national authorities should inform the applicant of their decision within 30 days starting from the date when the appeal was lodged.

Amendment  12

Proposal for a directive

Recital 32

Text proposed by the Commission

Amendment

(32) Union immigration rules and Union programmes including mobility measures should complement each other more. Third-country national researchers and students covered by such Union programmes should be entitled to move to the Member States foreseen on the basis of the authorisation granted by the first Member State, as long as the full list of those Member States is known before entry into the Union. Such an authorisation should allow them to exercise mobility without the need to provide any additional information or to complete any other application procedures. Member States are encouraged to facilitate the intra-Union mobility of third-country national volunteers where volunteering programmes cover more than one Member State.

(32) Union immigration rules and Union programmes including mobility measures should complement each other more. Third-country national researchers, students, volunteers, trainees should be entitled to move to different Member States on the basis of the authorisation granted by the first Member State. Such an authorisation should allow them to exercise mobility without the need to provide any additional information or to complete any other application procedures.

Amendment  13

Proposal for a directive

Recital 33

Text proposed by the Commission

Amendment

(33) In order to allow third-country national students to better cover part of the cost of their studies, they should be given increased access to the labour market under the conditions set out in this Directive, meaning a minimum of 20 hours per week. The principle of access for students to the labour market should be a general rule. However, in exceptional circumstances Member States should be able to take into account the situation of their national labour markets, although this must not risk entirely negating the right to work.

(33) In order to allow third-country national students to better cover part of the cost of their studies, they should be given full access to the labour market under the conditions set out in this Directive. The principle of access for students to the labour market should apply as a general rule.

Amendment  14

Proposal for a directive

Recital 34

Text proposed by the Commission

Amendment

(34) As part of the drive to ensure a well-qualified workforce for the future, Member States should allow students who graduate in the Union to remain on their territory with the intention to identify work opportunities or to set up a business for 12 months after expiry of the initial authorisation. They should also allow researchers to do so upon completion of their research project as defined in the hosting agreement. This should not amount to an automatic right of access to the labour market or to set up a business. They may be requested to provide evidence in accordance with Article 24.

(34) As part of the drive to ensure a well-qualified workforce for the future and to respect and value the work and overall contribution of students who graduate in the Union, Member States should allow those students to remain on their territory with the intention to identify work opportunities or to set up a business for 12 months after expiry of the initial authorisation. They should also allow researchers to do so upon completion of their research project as defined in the hosting agreement. This should not amount to an automatic right of access to the labour market or to set up a business. They may be requested to provide evidence in accordance with Article 24.

Amendment  15

Proposal for a directive

Recital 36

Text proposed by the Commission

Amendment

(36) To make the Union more attractive for third-country national researchers, students, pupils, trainees, volunteers and au pairs, it is important to ensure their fair treatment in accordance with Article 79 of the Treaty. These groups are entitled to equal treatment with nationals of the host Member State under Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State. More favourable rights to equal treatment with nationals of the host Member State as regards branches of social security as defined in Regulation No 883/2004 on the coordination of social security schemes should be maintained for third-country national researchers, in addition to the rights granted under Directive 2011/98/EU. Currently the latter foresees a possibility for Member States to limit equal treatment with regard to branches of social security, including family benefits, and this possibility of limitation could affect researchers. In addition, independently on whether Union or national law of the host Member State gives third-country national school pupils, volunteers, unremunerated trainees and au-pairs access to the labour market, they should enjoy equal treatment rights with nationals of the host Member State as regards access to goods and services and the supply of goods and services made available to the public.

(36) To make the Union more attractive for third-country national researchers, students, pupils, trainees, volunteers and au pairs, it is important to ensure their fair treatment in accordance with Article 79 of the Treaty. These groups are entitled to equal treatment with nationals of the host Member State under Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State. More favourable rights to equal treatment with nationals of the host Member State as regards branches of social security as defined in Regulation (EC) No 883/2004 on the coordination of social security schemes should be maintained for third-country national researchers, in addition to the rights granted under Directive 2011/98/EU. Currently the latter foresees a possibility for Member States to limit equal treatment with regard to branches of social security, including family benefits, and this possibility of limitation could affect researchers. In addition, independently on whether Union or national law of the host Member State gives third-country national students, school pupils, volunteers, unremunerated trainees and au-pairs access to the labour market, they should enjoy equal treatment rights with nationals of the host Member State as regards access to goods and services and the supply of goods and services made available to the public.

Amendment  16

Proposal for a directive

Recital 42 a (new)

Text proposed by the Commission

Amendment

 

(42a) Each Member State has a duty to inform third-country nationals of the rules applicable to their particular case so as to ensure transparency and legal certainty and thus encourage them to come to the Union. All the information that is relevant to the procedure, including general documentation about studies, exchange or research programmes but also specific information about applicants' rights and obligations, should therefore be provided in a manner that is easily accessible and understandable by third-country nationals.

Amendment  17

Proposal for a directive

Article 3 – point g a (new)

Text proposed by the Commission

Amendment

 

(ga) 'volunteering provider' means an organisation responsible for the voluntary service scheme to which the third-country national is assigned. Such organisations and groups are independent and self-governing as other non-profit entities, such as public authorities. They are active in the public arena and their activity is aimed, at least in part, at contributing to the public good1.

 

__________________

 

1 Communication from the Commission on Promoting the Role of Voluntary Organisations and Foundations in Europe, COM(1997)0241.

Amendment  18

Proposal for a directive

Article 3 – point h

Text proposed by the Commission

Amendment

(h) ‘voluntary service scheme’ means a programme of activities of practical solidarity, based on a scheme recognised by the Member State or the Union , pursuing objectives of general interest;

(h) ‘voluntary service scheme’ means a programme of activities of practical solidarity, based on a scheme recognised by the Member State or the Union, pursuing objectives of general interest for a non-profit cause;

Amendment  19

Proposal for a directive

Article 3 – point i

Text proposed by the Commission

Amendment

(i) ‘au pair’ means a third-country national who is temporarily received by a family in the territory of a Member State in exchange for light housework and taking care of children in order to improve his/her linguistic skills and his/her knowledge of the host country;

(i) ‘au pair’ means a third-country national who is temporarily received by a family in the territory of a Member State in order to improve his/her linguistic skills and his/her knowledge of the host country in exchange for light housework and taking care of children;

Justification

In the definition of au-pair, the purpose of improving language skills and knowledge of the host country should be stressed as the primary element.

Amendment  20

Proposal for a directive

Article 3 – point l a (new)

Text proposed by the Commission

Amendment

 

(la) 'host entity' means the educational establishment, research organisation, enterprise or vocational training establishment, organisation operating pupil exchanges or organisation responsible for the voluntary service scheme to which the third-country national is assigned, regardless of its legal form, established in accordance with national law in the territory of a Member State;

Amendment  21

Proposal for a directive

Article 3 – point l b (new)

Text proposed by the Commission

Amendment

 

(lb) 'host family' means the family temporarily receiving the au-pair and letting him/her share its daily family life in the territory of a Member State on the basis of an agreement concluded between the host family and the au-pair;

Justification

A definition of host family is missing in the proposal.

Amendment  22

Proposal for a directive

Article 3 – point n

Text proposed by the Commission

Amendment

(n) employment means the exercise of activities covering whatever form of labour or work regulated under national law or established practice for and under the direction and supervision of an employer;

(n) 'employment' means the exercise of activities covering a form of labour or work regulated under national law or applicable collective agreement or established practice for and under the direction and supervision of an employer;

Amendment  23

Proposal for a directive

Article 3 – point n a (new)

Text proposed by the Commission

Amendment

 

(na) 'employer' means any natural person or any legal entity, for or under the direction and/or supervision of whom or which the employment is undertaken;

Amendment  24

Proposal for a directive

Article 3 – point n b (new)

Text proposed by the Commission

Amendment

 

(nb) 'family members' means third-country nationals as defined in Article 4 of Directive 2003/86/EC;

Amendment  25

Proposal for a directive

Article 4 – paragraph 2

Text proposed by the Commission

Amendment

2. This Directive shall be without prejudice to the right of Member States to adopt or maintain provisions that are more favourable to the persons to whom it applies with respect to Articles 21, 22, 23, 24, 25 and 29, especially in the context of Mobility Partnerships.

2. This Directive shall be without prejudice to the right of Member States to adopt or maintain provisions that are more favourable to the persons to whom it applies with respect to Articles 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33 and 34, especially in the context of Mobility Partnerships.

Justification

Member States should be allowed to adopt or to maintain more favourable provisions for all articles included in the Directive, except for those relating to the general and specific conditions, so as to avoid non harmonised conditions throughout the EU.

Amendment  26

Proposal for a directive

Article 6 – point d

Text proposed by the Commission

Amendment

(d) not be regarded as a threat to public policy, public security or public health;

(d) not be a threat to public policy, public security or public health;

Amendment  27

Proposal for a directive

Article 6 – point f

Text proposed by the Commission

Amendment

(f) provide the evidence requested by the Member State that during his/her stay he/she will have sufficient resources to cover his/her subsistence, training and return travel costs, without prejudice to an individual examination of each case.

(f) provide the evidence requested by the Member State that during his/her stay he/she will have sufficient resources to cover his/her subsistence, training and return travel costs, without prejudice to an individual examination of each case. The provision of such evidence shall not be necessary if the third-country national concerned can prove that he/she is in receipt of a grant or scholarship, that he/she has received an undertaking of sponsorship from a host family or a firm offer of work or that an organisation operating pupil exchanges or the voluntary service scheme declares itself responsible for the subsistence of the pupil or the volunteer throughout the period of his/her stay in the Member State in question.

Amendment  28

Proposal for a directive

Article 7 – paragraph 5

Text proposed by the Commission

Amendment

5. Member States may accept, in accordance with their national legislation, an application submitted when the third-country national concerned is already in their territory.

5. Member States shall examine, in accordance with their national legislation, an application submitted when the third-country national concerned is already in their territory.

Amendment  29

Proposal for a directive

Article 11 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States may confine the admission of school pupils participating in an exchange scheme to nationals of third countries which offer the same possibility for their own nationals.

deleted

Amendment  30

Proposal for a directive

Article 12 – title

Text proposed by the Commission

Amendment

Specific conditions for trainees

Specific conditions for unremunerated and remunerated trainees

Amendment  31

Proposal for a directive

Article 12 – paragraph 1 – subparagraph 1 – point a

Text proposed by the Commission

Amendment

(a) have signed a training agreement, approved if need be by the relevant authority in the Member State concerned in accordance with its national legislation or administrative practice, for a placement with a public- or private-sector enterprise or vocational training establishment recognised by the Member State in accordance with its national legislation or administrative practice.

(a) provide evidence of a signed training agreement or employment contract, approved if need be by the relevant authority in the Member State concerned in accordance with its national legislation or administrative practice, for a placement with a public- or private-sector enterprise or vocational training establishment recognized by the Member State in accordance with its national legislation or administrative practice.

Amendment  32

Proposal for a directive

Article 12 – paragraph 1 – subparagraph 1 – point b

Text proposed by the Commission

Amendment

(b) prove, if the Member State so requires, that they have previous relevant education or qualifications or professional experience to benefit from the work experience.

deleted

Justification

It seems excessive to require trainees to prove that they have such qualification since it is the very aim of a traineeship to acquire the necessary professional experience, and not a prerequisite for the traineeship.

Amendment  33

Proposal for a directive

Article 13 – point a

Text proposed by the Commission

Amendment

(a) produce an agreement with the organisation responsible in the Member State concerned for the voluntary service scheme in which he/she is participating, giving a description of tasks, the conditions in which he/she is supervised in the performance of those tasks, his/her working hours, the resources available to cover his/her travel, subsistence, accommodation costs and pocket money throughout his/her stay and, if appropriate, the training he/she will receive to help him/her perform his/her service;

(a) produce an agreement with the organisation responsible in the Member State concerned for the voluntary service scheme/project in which he/she is participating which specifies the name, purpose and start and end date of the voluntary service project, the volunteer’s tasks, the conditions in which he/she is supervised in the performance of those tasks, his/her working hours, the resources available to cover his travel, subsistence, accommodation costs and pocket money throughout his/her stay and, if appropriate, the training he will receive to help him/her perform his/her service;

Amendment  34

Proposal for a directive

Article 14 – point b

Text proposed by the Commission

Amendment

(b) provide evidence that the host family accepts responsibility for him/her throughout his/her period of presence in the territory of the Member State concerned, in particular with regard to subsistence, accommodation, healthcare, maternity or accident risks;

(b) provide evidence that the host family accepts responsibility for him/her throughout his/her period of presence in the territory of the Member State concerned, in particular with regard to subsistence, accommodation, healthcare or accident risks;

Justification

Requiring an au-pair to provide extra separate evidence that the host family will cover costs related to maternity seems excessive.

Amendment  35

Proposal for a directive

Article 14 – point c

Text proposed by the Commission

Amendment

(c) produce an agreement between the au-pair and the host family defining his/her rights and obligations, including specifications about the pocket money to be received and adequate arrangements allowing him/her to attend courses, and participation in day-to-day family duties.

(c) produce an agreement between the au-pair and the host family defining his/her rights and obligations, including specifications about the pocket money to be received, adequate arrangements on the hours dedicated to participation in day-to-day family duties, indicating the maximum hours per day which may be dedicated to participation in such duties, including the grant of at least one full free day per week and allowing him/her to attend courses.

Amendment  36

Proposal for a directive

Article 15 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

After successful authorisation and grant of a visa, the host entity shall be registered with an accreditation system, in order to facilitate future application procedures.

Amendment  37

Proposal for a directive

Article 16 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall issue an authorisation for students for a period of at least one year and shall renew it if the conditions laid down in Articles 6 and 10 are still met. If the period of studies is scheduled to last less than one year, the authorisation shall be issued for the duration of the studies.

2. Member States shall issue an authorisation for students which shall be for a period of at least one year or, when the duration of their studies is longer than one year, for the whole duration of their studies and where appropriate shall renew it if the conditions laid down in Articles 6 and 10 are still met.

Amendment  38

Proposal for a directive

Article 16 – paragraph 3

Text proposed by the Commission

Amendment

3. For school pupils and au pairs, Member States shall issue an authorisation for a maximum period of one year.

3. For school pupils and au pairs, Member States shall issue an authorisation covering the whole duration of the pupil exchange scheme or of the agreement between the host family and the au pair for a maximum period of one year.

Amendment  39

Proposal for a directive

Article 17

Text proposed by the Commission

Amendment

Member States may indicate additional information related to the stay of the third-country national, such as the full list of Member States that the researcher or student intends to go to, in paper format, or store such data in electronic format as referred to in Article 4 of Regulation (EC) No 1030/2002 and in point (a) 16 of the Annex thereto.

Member States may indicate additional information related to the stay of the third-country national, such as the full list of Member States that the researcher or student has declared that he/she intends to go to in accordance with Article 27(1)(a), in paper format, or store such data in electronic format as referred to in Article 4 of Regulation (EC) No 1030/2002 and in point (a) 16 of the Annex thereto.

Justification

The indication of the list of Member States that the third-country national intends to go to is linked to the grant of an authorisation covering the whole duration of the stay for third-country nationals researchers or students covered by Union programmes including mobility measures, as provided for in Article 27(1)(a).

Amendment  40

Proposal for a directive

Article 18

Text proposed by the Commission

Amendment

Grounds for rejection of an application

Grounds for refusal of an authorisation

1. Member States shall reject an application in the following cases:

1. Member States shall refuse an authorisation in the following cases:

(a) where the general conditions laid down in Article 6 and the relevant specific conditions laid down in Articles 7 and 10 to 16 are not met;

(a) where the general conditions laid down in Article 6 or the relevant specific conditions laid down in Articles 7 and 10 to 16 are not met;

(b) where the documents presented have been fraudulently acquired, falsified or tampered with;

(b) where the documents presented have been fraudulently acquired, falsified or tampered with;

(c) where the host entity or educational establishment was established in the sole purpose of facilitating entry;

 

(d) where the host entity has been sanctioned in conformity with national law for undeclared work and/or illegal employment or does not meet the legal obligations regarding social security and/or taxation set out in national law or has filed for bankruptcy or is otherwise insolvent;

 

(e) where the host family, or, if applicable, any intermediary organisation involved in the placement of the au-pair, has been sanctioned in conformity with national law for breach of the conditions and/or objectives of au-pair placements and/or illegal employment.

 

2. Member States may reject an application if the host entity appears to have deliberately eliminated the positions it is trying to fill through the new application within the 12 months immediately preceding the date of the application.

2. Member States may refuse an authorisation in the following cases:

 

(a) where the host entity has been sanctioned in accordance with national law for undeclared work and/or illegal employment or does not meet the legal obligations regarding social security and/or taxation set out in national law or has filed for bankruptcy or is otherwise insolvent;

 

(b) where the host family, or, if applicable, any intermediary organisation involved in the placement of the au-pair, has been sanctioned in accordance with national law for breach of the conditions and/or objectives of au-pair placements and/or illegal employment;

 

(c) where the host entity or educational establishment was established for the sole purpose of facilitating entry.

Amendment  41

Proposal for a directive

Articles 19

Text proposed by the Commission

Amendment

Grounds for withdrawal of an authorisation

Grounds for withdrawal or non-renewal of an authorisation

1. Member States shall withdraw an authorisation in the following cases:

1. Member States shall withdraw or refuse to renew an authorisation in the following cases:

 

(a) where the holder no longer meets the general conditions laid down in Article 6 or the relevant specific conditions laid down in Articles 7, 10 to 14 or 16;

(a) where authorisations and documents presented have been fraudulently acquired, falsified or tampered with;

(b) where authorisations and documents presented have been fraudulently acquired, falsified or tampered with;

(b) where the third-country national is residing for purposes other than those for which he/she was authorised to reside;

 

(c) where the host entity was established for the sole purpose of facilitating entry;

 

 

2. Member States may withdraw or refuse to renew an authorisation in the following cases:

(d) where the host entity does not meet the legal obligations regarding social security and/or taxation set out in national law or has filed for bankruptcy or is otherwise insolvent;

(a) where the host entity does not meet the legal obligations regarding social security and/or taxation set out in national law or has filed for bankruptcy or is otherwise insolvent. In the event of this occurring during a course of study, reasonable time should be given for the student to find an equivalent course to enable the completion of his/her studies;

(e) where the host family, or, if applicable, any intermediary organisation involved for the placement of the au-pair, has been sanctioned in conformity with national law for breach of the conditions and/or objectives of au-pair placements and/or for illegal employment;

(b) where the host entity has been sanctioned in accordance with national law for undeclared work and/or illegal employment or does not meet the legal obligations regarding social security and/or taxation set out in national law or has filed for bankruptcy or is otherwise insolvent;

 

(c) where the host entity was established for the sole purpose of facilitating entry;

 

(d) where the host family, or, if applicable, any intermediary organisation involved for the placement of the au-pair, has been sanctioned in accordance with national law for breach of the conditions and/or objectives of au-pair placements and/or for illegal employment;

 

(e) where the third-country national is residing for purposes other than those for which he/she was authorised to reside;

(f) for students, where the time limits imposed on access to economic activities under Article 23 are not respected or if the respective student does not make acceptable progress in the relevant studies in accordance with national legislation or administrative practice.

(f) for students, where the time limits imposed on access to economic activities under Article 23 are not respected;

 

(g) for students, where they do not make acceptable progress in the relevant studies in accordance with national legislation or administrative practice. The Member State concerned may withdraw or refuse to renew an authorisation on this ground only by a decision stating specific reasons based on the evaluation of the educational establishment, which shall be consulted on the student's progress, save when the establishment fails to respond to a request for an opinion within a reasonable period of time;

2. Member States may withdraw an authorisation for reasons of public policy, public security or public health.

(h) for reasons of public policy, public security or public health. Public policy or public security grounds shall be based exclusively on the personal conduct of the third-country national concerned. Public health grounds shall be based on an objective analysis of genuine risks and shall not be applied in a discriminatory way when compared to nationals of the Member State concerned.

 

2a. When a Member State withdraws an authorisation on one of the grounds under paragraph 2(a), (b) or (c), the third-country national shall be entitled to stay on the territory of that Member State if he/she finds another host entity or host family in order to finish his/her studies or research or for another purpose for which the authorisation was granted.

Amendment  42

Proposal for a directive

Article 20

Text proposed by the Commission

Amendment

Article 20

deleted

Grounds for non-renewal of an authorisation

 

1. Member States may refuse to renew an authorisation in the following cases:

 

(a) where the authorisation and documents presented have been fraudulently acquired, falsified or tampered with;

 

(b) where it appears that the holder no longer meets the general conditions for entry and residence laid down in Article 6 and the relevant specific conditions laid down in Articles 7, 9 and 10;

 

(c) for students, where the time limits imposed on access to economic activities under Article 23 are not respected or where the student does not make acceptable progress in the relevant studies in accordance with national legislation or administrative practice.

 

2. Member States may refuse to renew an authorisation on grounds of public policy, public security and public health.

 

Amendment  43

Proposal for a directive

Article 21 – paragraph 1

Text proposed by the Commission

Amendment

1. By way of derogation from Article 12(2)(b) of Directive 2011/98/EU, third-country national researchers shall be entitled to equal treatment with nationals of the host Member State as regards branches of social security, including family benefits, as defined in Regulation No 883/2004 on the coordination of social security schemes.

1. By way of derogation from Article 12(2)(a) and (b) of Directive 2011/98/EU, third-country national researchers and students shall be entitled to equal treatment with nationals of the host Member State as regards education and vocational training and branches of social security, including family benefits, as defined in Regulation No 883/2004 on the coordination of social security schemes.

Justification

The derogation to the Single Permit Directive should be extended to students and include also education and vocational training.

Amendment  44

Proposal for a directive

Article 21 – paragraph 2

Text proposed by the Commission

Amendment

2. School pupils, volunteers, unremunerated trainees and au pairs, irrespective of whether they are allowed to work in accordance with Union or national law, shall be entitled to equal treatment in relation to access to goods and services and the supply of goods and services made available to the public, except procedures for obtaining housing as provided for by national law.

2. Students, school pupils, volunteers, unremunerated trainees and au pairs, irrespective of whether they are allowed to work in accordance with Union or national law, shall be entitled to equal treatment in relation to access to goods and services and the supply of goods and services made available to the public, except procedures for obtaining housing as provided for by national law.

Amendment  45

Proposal for a directive

Article 21 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a. Third-country nationals falling within the scope of this Directive and being authorised to enter and stay on the territory of a Member State on the basis of a long-stay visa shall be entitled to equal treatment with nationals of the host Member State as regards the rights referred to in paragraphs 1 and 2 of this Article.

Justification

Article 3(1)(b) of the Single Permit Directive does not explicitly include third-country nationals (e.g. students) who come to the EU with a visa. This gap could lead to a discrimination of students versus other categories. In order to close this gap the rights of Article 21 should be extended explicitly to that category.

Amendment  46

Proposal for a directive

Article 23 – paragraph 1

Text proposed by the Commission

Amendment

1. Outside their study time and subject to the rules and conditions applicable to the relevant activity in the host Member State, students shall be entitled to be employed and may be entitled to exercise self-employed economic activity. The situation of the labour market in the host Member State may be taken into account.

1. Outside their study time and subject to the rules and conditions applicable to the relevant activity in the host Member State, students shall be entitled to be employed and may be entitled to exercise self-employed economic activity. The situation of the labour market in the host Member State may be taken into account, but not in a systematic manner which could result in students being excluded from the labour market.

Amendment  47

Proposal for a directive

Article 24

Text proposed by the Commission

Amendment

After finalisation of research or studies in the Member State, third-country nationals shall be entitled to stay on the territory of the Member State for a period of 12 months in order to look for work or set up a business , if the conditions laid down in points (a) and (c) to (f) of Article 6 are still fulfilled. In a period of more than 3 and less than 6 months, third-country nationals may be requested to provide evidence that they continue to seek employment or are in the process of setting up a business. After a period of 6 months, third-country nationals may additionally be requested to provide evidence that they have a genuine chance of being engaged or of launching a business.

1. After finalisation of research or studies in the Member State, third-country nationals shall be entitled to stay on the territory of the Member State for a period of 18 months in order to look for work or set up a business, if the conditions laid down in points (a) and (c) to (f) of Article 6 are still fulfilled. In a period of more than six and less than nine months, third-country nationals may be requested to provide evidence that they continue to seek employment or are in the process of setting up a business. After a period of nine months, third-country nationals may additionally be requested to provide evidence that they have a genuine chance of being engaged or of launching a business.

 

2. Member States shall issue an authorisation for the purposes of paragraph 1 of this Article to the third-country national concerned and, where relevant, to his/her family members in accordance with their national law, provided that the conditions laid down in points (a) and (c) to (f) of Article 6 are fulfilled.

Amendment  48

Proposal for a directive

Article 25

Text proposed by the Commission

Amendment

Researchers' family members

Researchers' and students' family members

1. By way of derogation from Article 3(1) and Article 8 of Directive 2003/86/EC, family reunification shall not be made dependent on the holder of the authorisation to stay for the purposes of research having reasonable prospects of obtaining the right of permanent residence and having a minimum period of residence

1. By way of derogation from Article 3(1) and Article 8 of Directive 2003/86/EC, family reunification shall not be made dependent on the holder of the authorisation to stay for the purposes of research or studies having reasonable prospects of obtaining the right of permanent residence and having a minimum period of residence.

2. By way of derogation from the last subparagraph of Article 4(1) and Article 7(2) of Directive 2003/86/EC, the integration conditions and measures referred to in those provisions may only be applied after the persons concerned have been granted family reunification.

2. By way of derogation from the last subparagraph of Article 4(1) and Article 7(2) of Directive 2003/86/EC, the integration conditions and measures referred to in those provisions may only be applied after the persons concerned have been granted family reunification.

3. By way of derogation from the first subparagraph of Article 5(4) of Directive 2003/86/EC, authorisations for family members shall be granted, where the conditions for family reunification are fulfilled, within 90 days from the date on which the application was lodged, and 60 days from the date of the initial application for family members of third-country national researchers covered by the relevant Union programmes including mobility measures.

3. By way of derogation from the first subparagraph of Article 5(4) of Directive 2003/86/EC, authorisations for family members shall be granted, where the conditions for family reunification are fulfilled, within 90 days from the date on which the application was lodged, and 60 days from the date of the initial application for family members of third-country national researchers and students covered by the relevant Union programmes including mobility measures.

4. By way of derogation from Article 13(2) and (3) of Directive 2003/86/EC, the duration of validity of the authorisation of family members shall be the same as that of the authorisation granted to the researcher insofar as the period of validity of their travel documents allows it.

4. By way of derogation from Article 13(2) and (3) of Directive 2003/86/EC, the duration of validity of the authorisation of family members shall be the same as that of the authorisation granted to the researcher or the student insofar as the period of validity of their travel documents allows it.

5. By way of derogation from the second sentence of Article 14(2) of Directive 2003/86/EC, Member States shall not apply any time limit in respect of access to the labour market.

5. By way of derogation from the second sentence of Article 14(2) of Directive 2003/86/EC, Member States shall not apply any time limit in respect of access to the labour market.

Justification

The provisions on family reunification concerning researchers should be extended to students.

Amendment  49

Proposal for a directive

Article 26

Text proposed by the Commission

Amendment

Right to mobility between Member States for researchers, students and remunerated trainees

Right to mobility between Member States for researchers, students, volunteers, trainees

1. A third-country national who has been admitted as a researcher under this Directive shall be allowed to carry out part of his/her research in another Member State under the conditions as set out in this Article.

1. A third-country national who has been admitted as a researcher under this Directive shall be allowed to carry out part of his/her research in another Member State under the conditions as set out in this Article.

If the researcher stays in another Member State for a period of up to six months, the research may be carried out on the basis of the hosting agreement concluded in the first Member State, provided that he has sufficient resources in the other Member State and is not considered as a threat to public policy, public security or public health in the second Member State.

If the researcher stays in another Member State for a period of up to six months, the research may be carried out on the basis of the hosting agreement concluded in the first Member State, provided that he/she has sufficient resources in the other Member State and is not a threat to public policy, public security or public health in the second Member State.

If the researcher stays in another Member State for more than six months, Member States may require a new hosting agreement to carry out the research in that Member State. If Member States require an authorisation in order to exercise mobility, such authorisations shall be granted in accordance with the procedural guarantees specified in Article 30 Member States shall not require researchers to leave the territory in order to submit applications for authorisations.

If the researcher stays in another Member State for more than six months, Member States may require a new hosting agreement to carry out the research in that Member State. If Member States require an authorisation in order to exercise mobility, such authorisations shall be granted in accordance with the procedural guarantees specified in Article 29 Member States shall not require researchers to leave the territory in order to submit applications for authorisations.

2. For periods exceeding three months, but not exceeding six months, a third-country national who has been admitted as a student or as a remunerated trainee under this Directive shall be allowed to carry out part of his/her studies/traineeship in another Member State provided that before his or her transfer to that Member State, he/she has submitted the following to the competent authority of the second Member State:

2. For periods exceeding three months, but not exceeding six months, a third-country national who has been admitted as a student, volunteer, or as a trainee under this Directive shall be allowed to carry out part of his/her studies/traineeship/volunteer activity in another Member State provided that before his or her transfer to that Member State, he/she has submitted the following to the competent authority of the second Member State:

(a) a valid travel document;

(a) a valid travel document;

(b) proof of sickness insurance for all risks normally covered for the nationals of the Member State concerned;

(b) proof of sickness insurance for all risks normally covered for the nationals of the Member State concerned;

(c) proof that he/she has been accepted by an establishment of higher education or a training host entity;

(c) proof that he/she has been accepted by an establishment of higher education, , training or a volunteer host entity;

(d) evidence that during his/her stay he/she will have sufficient resources to cover his/her subsistence, study and return travel costs.

(d) evidence that during his/her stay he/she will have sufficient resources to cover his/her subsistence, study and return travel costs.

3. For the mobility of students and trainees from the first Member State to a second Member State, the authorities of the second Member State shall inform the authorities of the first Member State on their decision. The cooperation procedures set out in Article 32 shall apply.

3. For the mobility of students, volunteers and trainees from the first Member State to a second Member State, the authorities of the second Member State shall inform the authorities of the first Member State on their decision. The cooperation procedures set out in Article 32 shall apply.

4. For a third-country national who has been admitted as a student, transfers to a second Member State exceeding six months may be granted under the same conditions as those applied for mobility for a period exceeding three months but less than six months. If Member States require a new application for an authorisation to exercise mobility for a period exceeding six months, such authorisations shall be granted in accordance with Article 29.

4. For a third-country national who has been admitted as a student, transfers to a second Member State exceeding six months may be granted under the same conditions as those applied for mobility for a period exceeding three months but less than six months. If Member States require a new application for an authorisation to exercise mobility for a period exceeding six months, such authorisations shall be granted in accordance with Article 29.

5. Member States shall not require students to leave the territory in order to submit applications for authorisations for mobility between Member States.

5. Member States shall not require students, volunteers or trainees to leave the territory in order to submit applications for authorisations for mobility between Member States.

Amendment  50

Proposal for a directive

Article 27

Text proposed by the Commission

Amendment

Rights for researchers and students covered by Union programmes including mobility measures

Rights for researchers, volunteers, unremunerated and remunerated trainees and students covered by Union programmes including mobility measures

1. Member States shall grant third-country nationals, who have been admitted as researchers or students under this Directive and who are covered by Union programmes including mobility measures, an authorization covering the whole duration of their stay in the Member States concerned where:

1. Member States shall grant third-country nationals, who have been admitted as researchers, volunteers, unremunerated or remunerated trainees or students under this Directive and who are covered by Union programmes including mobility measures, an authorization covering the whole duration of their stay in the Member States concerned where:

(a) the full list of Member States that the researcher or student intends to go to is known prior to entry to the first Member State;

(a) the full list of Member States that the researcher, volunteer, unremunerated or remunerated trainee or student has declared that he/she intends to go to is known prior to entry to the first Member State;

(b) in the case of students, the applicant can provide evidence of acceptance by the relevant establishment of higher education to follow a course of study.

(b) in the case of students, the applicant can provide evidence of acceptance by the relevant educational establishment to follow a course of study;

 

(ba) in the case of volunteers, the applicant can provide evidence of acceptance by the relevant volunteering provider organisation or programme, such as the European Voluntary Service;

 

(bb) in the case of trainees, the applicant can provide evidence of acceptance by the relevant host entity.

2. The authorisation shall be granted by the first Member State that the researcher or student resides in.

2. The authorisation shall be granted by the first Member State that the researcher, volunteer, unremunerated or remunerated trainee or student resides in.

3. Where the full list of Member States is not known prior to entry into the first Member State:

3. Where the full list of Member States is not known prior to entry into the first Member State:

(a) for researchers, the conditions as set out in Article 26 for stays in another Member States for periods of up to six months shall apply;

(a) for researchers, the conditions as set out in Article 26 for stays in another Member States for periods of up to six months shall apply;

(b) for students, the conditions as set out in Article 26 for stays in another Member States for periods between three and six months shall apply.

(b) for students, unremunerated or remunerated trainees and volunteers, the conditions as set out in Article 26 for stays in another Member States for periods between three and six months shall apply.

Amendment  51

Proposal for a directive

Article 28 – paragraph 1

Text proposed by the Commission

Amendment

1. When a researcher moves to a second Member State in accordance with Articles 26 and 27, and when the family was already constituted in the first Member State, the members of his family shall be authorised to accompany or join him.

1. When a researcher moves to a second Member State in accordance with Articles 26 and 27, and when the family was already constituted in the first Member State, the members of his/her family shall be authorised to accompany or join him/her.

Justification

Gender-neutral terminology should be used.

Amendment  52

Proposal for a directive

Article 28 – paragraph 4 – subparagraph 1 – point b

Text proposed by the Commission

Amendment

(b) has stable and regular resources which are sufficient to maintain himself and the members of his family, without recourse to the social assistance of the Member State concerned.

(b) has stable and regular resources which are sufficient to maintain himself/herself and the members of his/her family, without recourse to the social assistance of the Member State concerned.

Justification

Gender-neutral terminology should be used.

Amendment  53

Proposal for a directive

Article 29 – paragraph 1

Text proposed by the Commission

Amendment

1. The competent authorities of the Member States shall decide on the complete application for an authorisation and shall notify the applicant in writing, in accordance with the notification procedures laid down in the national law of the Member State concerned, as soon as possible and at the latest within 60 days from the date on which the application was lodged, and within 30 days in the case of third-country national researchers and students covered by Union programmes including mobility measures.

1. The competent authorities of the Member States shall decide on the complete application for an authorisation and shall notify the applicant in writing, in accordance with the notification procedures laid down in the national law of the Member State concerned, as soon as possible and at the latest within 30 days from the date on which the application was lodged. In the event that their national law provides for the possibility of an appeal before an administrative authority, the competent authorities of the Member States shall decide on the appeal at the latest within 30 days from the date on which the appeal was lodged.

Amendment  54

Proposal for a directive

Article 29 – paragraph 2

Text proposed by the Commission

Amendment

2. If the information supplied in support of the application is inadequate, the competent authorities shall inform the applicant of any further information they need and indicate a reasonable deadline to complete the application. The period referred to in paragraph 1 shall be suspended until the authorities have received the additional information required.

2. If the information supplied in support of the application is inadequate, the competent authorities shall inform the applicant of any further information they need and, when registering the application, indicate a reasonable deadline to complete the application. The period referred to in paragraph 1 shall be suspended until the authorities have received the additional information required.

Amendment  55

Proposal for a directive

Article 29 - paragraph 3

Text proposed by the Commission

Amendment

3. Any decision rejecting an application for an authorisation shall be notified to the third-country national concerned in accordance with the notification procedures provided for under the relevant national legislation. The notification shall specify the possible redress procedures available the national court or authority with which the person concerned may lodge an appeal and the time limit for taking action.

3. Any decision refusing an authorisation for an authorisation shall be notified to the third-country national concerned in accordance with the notification procedures provided for under the relevant national legislation. The notification shall specify the possible redress procedures available the national court or authority with which the person concerned may lodge an appeal and the time limit for taking action and provide all relevant practical information which facilitates the exercise of his/her right.

Justification

Technical amendment for reasons of consistency with the title of Chapter IV and with other instruments, such as ICT and Seasonal Workers Directives

Amendment  56

Proposal for a directive

Article 29 - paragraph 4

Text proposed by the Commission

Amendment

4. Where an application is rejected or an authorisation issued in accordance with this Directive is withdrawn, the person concerned shall have the right to mount a legal challenge before the authorities of the Member State concerned.

4. Where an authorisation is refused or an authorisation issued in accordance with this Directive is withdrawn, the person concerned shall have the right to mount a legal challenge before the authorities of the Member State concerned.

Justification

Technical amendment for reasons of consistency with the title of Chapter IV and with other instruments, such as ICT and Seasonal Workers Directives

Amendment  57

Proposal for a directive

Article 29 a (new)

Text proposed by the Commission

Amendment

 

Article 29a

 

Fast-track procedure for issuing residence permits or visas to students, school pupils and researchers

 

An agreement on the establishment of a fast-track admission procedure allowing residence permits or visas to be issued in the name of the third-country national concerned may be concluded between the authority of a Member State with responsibility for the entry and residence of students, school pupils or researchers who are third-country nationals and an educational establishment, an organisation operating pupil exchange schemes which has been recognised for this purpose or a research organisation which has been approved by the Member State concerned in accordance with its national legislation or administrative practice.

Justification

The fast track procedure which is already present in the Students Directive currently in force is reintroduced and extended to researchers.

Amendment  58

Proposal for a directive

Article 30

Text proposed by the Commission

Amendment

Member States shall make available information on entry and residence conditions for third-country nationals falling under the scope of this Directive, including the minimum monthly resources required, rights, all documentary evidence needed for an application and the applicable fees. Member States shall make available information on the research organisations approved under Article 8.

Member States shall make available easily accessible and understandable information on entry and residence conditions for third-country nationals falling under the scope of this Directive, including the minimum monthly resources required, rights, all documentary evidence needed for an application and the applicable fees. Member States shall make available information on the research organisations approved under Article 8.

Amendment  59

Proposal for a directive

Article 31

Text proposed by the Commission

Amendment

Member States may require applicants to pay fees for the processing of applications in accordance with this Directive. The amount of such fees shall not endanger the fulfilment of its objectives.

Member States may require payment of fees for handling applications in accordance with this Directive. The level of such fees shall not be excessive or disproportionate in a way that would hinder the fulfilment of its objectives. Where those fees are paid by the third-country national, that third-country national shall be entitled to be reimbursed by the host entity or the host family respectively.

Amendment  60

Proposal for a directive

Article 32 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a. Member States shall facilitate the application procedure by allowing third-country nationals to apply and to be able to complete the procedure for any Member State in the embassy or consulate of the Member State which is most convenient for the applicant.

(1)

Not yet published in the Official Journal.

(2)

OJ C 77, 28.3.2002, p. 1.


EXPLANATORY STATEMENT

This Directive is a recast and a merge of Directives 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purpose of scientific research and Directive 2004/114 of 13 December 2004 on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service. This new proposal also adds two new categories: remunerated trainees and au-pairs. Until now, these two categories have not been included in a framework that regulates their situation. Including them in this Directive will help to prevent exploitation and undocumented work.

The Rapporteur welcomes the Commission proposal since it is aiming at improving the provisions of these groups of third-country nationals and at increasing the attractiveness of the EU. The EU needs to be competitive on the global market and at the same time to provide for safeguards and equal treatment. The Rapporteur considers that this proposal is a good basis and a useful tool to support these objectives. The Rapporteur welcomes the inclusion of the new categories, that the provisions that were optional in the Directives currently in force are now made mandatory, the increased access to the labour market for students, the improved safeguards, the deadlines for the procedure for authorisation and the possibility to stay and apply for jobs or set up a business after finalisation of research or studies.

Europe today has an ageing population and is facing a demographic challenge. The estimation of the immigration necessary to keep the ratios of working-age population to total population constant at their 2010 level indicates that the EU as a whole would need over 11 million additional inflows over the period 2010-2020.

Europe may have been a very attractive working market for skilled people around the world, but today other parts of the world are far more successful in attracting skilled workforce whilst in the EU, complicated bureaucracy and scepticism towards immigrants scare people away.

Europe will increasingly rely on immigration to fill vacant jobs and ensure economic growth. Well managed immigration could address the problems of an ageing population and skill-shortage in many sectors. We need a proactive migration policy which attracts skilled migrants from third countries and an institutional framework that better utilises their skills and competences. That would create a win-win situation for both migrants and the EU labour market.

A proactive migration policy would solve labour market shortages in some areas and evidence shows that the skills of migrants are often complementary to the skills of other workers and that leads to a positive effect for the employers and the economic activity. Immigration can also contribute to entrepreneurship, diversity and innovation.

Amendments

The Rapporteur finds the Commission proposal well balanced and bringing many improvements. She believes however that some changes could further strengthen the proposal.

At the time when this report is being drafted, negotiations are ongoing on the proposal for a Directive on the Conditions of Entry and Residence of Third-Country Nationals for the Purpose of Seasonal Employment and the proposal for a directive on the Conditions of Entry and Residence of Third-Country Nationals in the Framework of an Intra-Corporate Transfer. Some issues negotiated in the context of these files are relevant also for this Directive, and the aim of the Rapporteur is to take into consideration the outcome of those negotiations. Some amendments on issues which are common to these instruments are: quota (recital 35), deliberate elimination of the position by the host entity (Article 18(2)), opportunity to find another host entity in case of withdrawal of an authorisation (Article 19(2a)new) and the level of fees (Article 31).

The possibility for Member States to allow for more favourable provisions should not be limited to Articles 21, 22, 23, 24, 25 and 29. The Rapporteur suggests adding Articles 16, 17, 18, 19, 20, 26, 27, 28, 30, 31, 32, 33 and 34 to the list.

The provision for the Member States to withdraw an authorisation should not be mandatory, but rather a "may" clause. That would give the Member State the possibility to withdraw their authorisation when the cases which are listed occur, but it would also give the Member State the flexibility not to do so, taking into account the circumstances of the specific case (Article 19(1)). This is also why the Rapporteur adds an amendment according to which a Member State shall consult the educational establishment before withdrawing or not renewing the authorisation on the ground that the students hasn't made acceptable progress (Article 19(1)(f) and Article 20(1)(c)).

Regarding the refusal of an authorisation on grounds of public policy, public security and public health, the Rapporteur suggests adding that this shall be based exclusively on the personal conduct of the third-country national concerned (Article 19(2) and Article 20(2)).

The Rapporteur especially welcomes the Commission proposal to allow for third-country nationals to stay on the territory of the Member State for a sufficient period after finalisation of research or studies, in order to look for work or set up a business. If EU establishments invest in a person's education, the EU should also be able to attract those people to stay. It is in the EU's interest to keep skilled graduates in the EU. The Rapporteur therefore suggests extending this time period to 18 months and extending the territory to the European Union and not only the Member State in question (Article 24).

The Commission introduces rules for researchers' family members, which are welcomed by the Rapporteur. In line with this, we have to keep in mind that many students can be older when finalising their higher education and it is not unlikely that they will also have family members who are depending on them. Since we want to attract those students to the EU, the Rapporteur suggests extending the provisions on researchers' family members also to students' (Article 25).

On intra EU mobility, the Rapporteur suggests to extend it also to unremunerated trainees and volunteers (Article 26).

The Rapporteur warmly welcomes the fact that the Commission proposal specifies deadlines for the authorisation procedure. The Rapporteur suggests changing this deadline to 30 days and also introducing a deadline of maximum 30 days for an appeal against a negative decision (Article 29(1).

The current Students Directive includes an article on fast-track-procedure for issuing residence permits or visas and the Rapporteur suggests re-including this fast-track procedure for students and school pupils and extending it to researchers. If a person has been authorised to come to the EU in accordance with this Directive, it should be possible to have a fast decision on resident permit or visa in order to facilitate the arrival of the person (Article 29a(new)).


ANNEX: LETTER FROM THE COMMITTEE ON LEGAL AFFAIRS

Ref.: D(2013)46072

Mr Juan Fernando López Aguilar

Chair of the Committee on Civil Liberties, Justice and Home Affairs

ASP 11G306

Brussels

Subject:          Proposal for a directive of the European Parliament and of the Council on Conditions of entry and residence of third-country nationals for the purposes of research, studies, pupil exchange, remunerated and unremunerated training, voluntary service and au pairing (recast ) (COM(2013)0151 final - 2013/0081(COD))

Dear Chairman,

The Committee on Legal Affairs, which I am honoured to chair, has examined the proposal referred to above, pursuant to Rule 87 on Recasting, as introduced into the Parliament's Rules of Procedure.

Paragraph 3 of that Rule reads as follows:

"If the committee responsible for legal affairs considers that the proposal does not entail any substantive changes other than those identified as such in the proposal, it shall inform the committee responsible.

In such a case, over and above the conditions laid down in Rules 156 and 157, amendments shall be admissible within the committee responsible only if they concern those parts of the proposal which contain changes.

However, if in accordance with point 8 of the Interinstitutional Agreement, the committee responsible intends also to submit amendments to the codified parts of the proposal, it shall immediately notify its intention to the Council and to the Commission, and the latter should inform the committee, prior to the vote pursuant to Rule 54, of its position on the amendments and whether or not it intends to withdraw the recast proposal."

Following the opinion of the Legal Service, whose representatives participated in the meetings of the Consultative Working Party examining the recast proposal, and in keeping with the recommendations of the draftsperson, the Committee on Legal Affairs considers that the proposal in question does not include any substantive changes other than those identified as such in the proposal "or in the opinion of the Consultative Working Party" and that, as regards the codification of the unchanged provisions of the earlier acts with those changes, the proposal contains a straightforward codification of the existing texts, without any change in their substance.

Concerning the alignment of comitology provisions to Articles 290-291 within the context of a recast procedure, the Committee on Legal Affairs nevertheless stresses that the legislator must always remain free to make the final determinations concerning the delegation of legislative powers and implementing powers and must never be limited by how the codification of existing texts on these issues is presented in the proposal.

In conclusion, after discussing it at its meeting of 17 September 2013, the Committee on Legal Affairs, by 23 votes in favour and no abstentions(1), recommends that your Committee, as the committee responsible, proceed to examine the above proposal in accordance with Rule 87.

Yours faithfully,

Klaus-Heiner LEHNE

Encl.: Opinion of the Consultative Working Party

(1)

Members present: Luigi Berlinguer, Raffael Baldassarre, Luigi Berlinguer, Sebastien Valentin Bodu, Françoise Castex, Christian Engström, Marielle Gallo, Giuseppe Gargani, Lidia Joanna Geringer de Oedenberg, Sajjad Karim, Eva Lichtenberger, Antonio López-Istúriz White, Jiří Maštálka, Alajos Mészáros, Angelika Niebler, Bernhard Rapkay, Evelyn Regner, Olle Schmidt, Francesco Enrico Speroni, Dimitar Stoyanov, József Szájer, Alexandra Thein, Axel Voss, Cecilia Wikström, Tadeusz Zwiefka.


ANNEX: OPINION OF THE CONSULTATIVE WORKING PARTY OF THE LEGAL SERVICES OF THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE COMMISSION

 

 

 

CONSULTATIVE WORKING PARTY

OF THE LEGAL SERVICES

Brussels, 4 June 2013

OPINION

             FOR THE ATTENTION OF THE EUROPEAN PARLIAMENT

                                                              THE COUNCIL

                                                              THE COMMISSION

Proposal for a directive of the European Parliament and of the Council on the conditions of entry and residence of third-country nationals for the purposes of research, studies, pupil exchange, remunerated and unremunerated training, voluntary service and au pairing (recast)

COM(2013)0151 of 28.6.2013 – 2013/0081(COD)

Having regard to the Inter-institutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts, and in particular to point 9 thereof, the Consultative Working Party consisting of the respective legal services of the European Parliament, the Council and the Commission met on 23 April 2013 for the purpose of examining, among others, the aforementioned proposal submitted by the Commission.

At that meeting(1), an examination of the proposal for a directive of the European Parliament and of the Council recasting Council Directive 2004/114/EC of 13 December 2004 on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service and Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research resulted in the Consultative Working Party’s establishing, by common accord, as follows.

1) As far as the explanatory memorandum is concerned, in order to be drafted in full compliance with the relevant requirements laid down by the Inter-institutional Agreement such a document should have specified which provisions of the earlier acts remain unchanged in the proposal, as is provided for under point 6(a)(iii) of that agreement.

2) In the draft recast text, the following proposed changes should have been identified with the grey-shaded type generally used for marking substantive changes:

- in recital 31, the adding of the words "and remunerated trainees";

- in Article 2(1), the adding of the words "pupil exchange", "unremunerated training" and "voluntary service" ;

- in point (l) of Article 3, the adding of the words "on the basis of transparent criteria" ;

- the deletion of the entire wording of point (d) of paragraph 2 of Article 3 of Directive 2005/71/EC .

3) The wording of Article 3(1), second subparagraph, of Directive 2004/114/EC should have been present in the draft recast text and should have been identified with a "substantial deletion" marker (i.e. double strikethrough with grey shaded type).

4) The title of Part A of Annex I should be adapted so as to read "Repealed Directives".

In consequence, examination of the proposal has enabled the Consultative Working Party to conclude, without dissent, that the proposal does not comprise any substantive amendments other than those identified as such therein or in the present opinion. The Working Party also concluded, as regards the codification of the unchanged provisions of the earlier acts with those substantive amendments, that the proposal contains a straightforward codification of the existing texts, without any change in their substance.

C. PENNERA                       H. LEGAL                            L. ROMERO REQUENA

Jurisconsult                            Jurisconsult                            Director General

(1)

The Consultative Working Party had at its disposal the English, French and German language versions of the proposal and worked on the basis of the English version, being the master-copy language version of the text under discussion.


OPINION of the Committee on Employment and Social Affairs (7.10.2013)

for the Committee on Civil Liberties, Justice and Home Affairs

on the proposal for a directive of the European Parliament and of the Council on the conditions of  entry and residence of third-country nationals for the purposes of research, studies, pupil exchange, remunerated and unremunerated training, voluntary service and au pairing

(COM(2013)0151 – C7-0080/2013 – 2013/0081(COD))

Rapporteur: Antigoni Papadopoulou

SHORT JUSTIFICATION

The Rapporteur welcomes the aims of the present Commission’s proposal to respond to its mandate by providing a useful tool to support further strengthening of social, cultural and economic relationships between the EU and third countries. She believes that this proposal serves as a good basis that needs further enrichment by extensive dialogue and exchange of views. The aim is to foster in the best possible way the transfer of skills and know-how, to promote EU competitiveness, while at the same time safeguarding the fair treatment of various groups of third-country nationals. The Rapporteur believes that better management of migration flows is essential for developing a common immigration policy in the EU and for implementing the Europe 2020 Strategy more effectively.

The present Commission’s proposal takes the form of a Directive amending and recasting Council Directives 2004/114/EC and 2005/71/EC. With a view to better optimise the benefits, it updates the policy context and tries to properly tackle the risks and shortcomings identified in the implementation reports of both directives.

The amended and recast Commission’s proposal aims to improve the provisions of third-country national researchers, students, school pupils, unremunerated trainees and volunteers. Moreover it aims to apply common provisions to two new categories of third-country nationals: remunerated trainees and au-pairs, for whom, there is not yet a legally accepted common regulation.

The need for improvement and for a recast Directive is reinforced by the present circumstances and challenges; today, the EU is facing important structural challenges of both demographic and economic nature. The working age population is expected to start shrinking in the following years, while the observed patterns of employment growth with emphasis on skilled labour will persist. The EU is also facing a situation of 'innovation emergency'. Europe’s yearly GDP expenditure on Research and Development (R&D) is 0.8% less than that of the US and 1.5% less than that of Japan. Whilst, the EU market remains the largest in the world, it is fragmented and not enough innovation-friendly. To meet the goal of increased investment in research and innovation and the Innovation Union flagship initiative of the Europe 2020 Strategy, Europe requires an additional estimated number of one million research jobs. Immigration from outside the EU is one source of highly skilled people, with third-country national researchers being, in particular, the group most needed. EU can actively attract well-qualified potential workers and human capital to cope with the aforesaid challenges. Fostering people-to-people contacts and mobility is part of the EU’s external policy, notably vis-à-vis the countries of the European Neighbourhood Policy or the EU’s strategic partners. Allowing third-country nationals to acquire skills and knowledge through a period of training in Europe encourages “brain circulation” and supports cooperation with third countries, which benefits both the sending and the receiving countries. Globalization calls for enhanced relationships between EU enterprises and foreign markets, while movements of trainees and au-pairs foster the development of human capital, resulting in mutual enrichment for the migrants, their country of origin, the host country and an improved mutual familiarity between cultures.

The Rapporteur expresses her concerns that in the absence of a clear legal framework, there is a possible risk of exploitation to which remunerated trainees, researchers and au-pairs are particularly exposed, with the subsequent risk of unfair competition, and believes that such concerns must be adequately examined and addressed.

The Rapporteur welcomes the overall goal of the Commission’s proposal to offer a coherent legal framework targeted specifically at different groups coming to the Union from third countries. She fully understands the aim to simplify and streamline the existing provisions for these different groups in a single instrument. She stresses however the complexity of such a task as there are many more added differences between these various categories of 3rd country nationals, compared to their common few shared characteristics. The Rapporteur therefore recommends a number of changes that could further strengthen the proposal and support its objectives.

Amendments

The Rapporteur examined the Commission’s proposal from the employment point of view. The text proposed by the Commission, is lacking clarity and favours generalisation, by mixing together various employment relationships, differently valid for remunerated trainees, researchers, au pairs and students. Moreover, it makes no clear distinctions and references so as to strengthen the employment relationship of the groups concerned, regarding, labour contracts, social security and social protection.

Hence the Rapporteur faced a twofold dilemma, either:

a) to ask for the deletion of remunerated trainees, researchers and au pairs from this Directive, by putting forward a horizontal amendment accompanied by a justification, and asking the Commission to include these categories into a different Directive or Directives. In article 2, the Rapporteur proposes therefore, to exclude for reasons of clarity, all categories of third-country nationals already covered by other existing Directives (remunerated trainees- ICTs, EU blue card holders, seasonal and posted workers).

b) the alternative dilemma was to amend the text of the recast Directive, by filling in all the possible loopholes so as to provide a minimum level of harmonization, similar and in line with Directives, either already adopted (Blue Card, Single Permit) or still under discussion (ICTs, Seasonal workers). The opinion Rapporteur chose this option.

It is well known that the persisting financial crisis has enlarged the social and economic gap between the Member States of the European South and European North, leading to different economic and social policies across the EU. To this end, migration flows pose a pressing problem, creating an additional financial burden, when and if not efficiently regulated.

Given the current conditions of the labour market in many Member States (MS’s) and the existing problems of social dumping in the Internal Market, the Rapporteur’s aim is double: to strengthen labour markets to better match skills with labour market shortage and to guarantee equal treatment and non-discrimination to all categories of workers intra EU and from third countries. In order to do that, a minimum level of protection has to be guaranteed while at the same time the conditions for the entry of skilled labour force are ensured. The Rapporteur fully supports efforts for well managed and proactive migration policy to attract high skilled third country nationals to the EU. She believes however that proposals to include under mandatory categories the provisions for the remunerated trainees and au pairs should be based on a broader regulatory framework guaranteeing social protection and equal treatment. Additional provisions regarding access to the labour market of family members of eligible persons or other provisions for extending the residence status of researchers after the finalization of their actual activities should take into consideration the subsidiarity principle and should be met without prejudice to the Member States’ competence to regulate these matters.

After all, we cannot ignore the fact that the current levels of unemployment in many MS have created an unprecedented socio-economic crisis, forcing EU nationals to seek work outside the EU.

In the Recitals, the Rapporteur made several amendments to ensure that third country nationals enjoy equal social rights (Recital 7), that “brain circulation” is encouraged and “brain drain” is avoided (Recital 8a). Other amendments aim at clarifying the reciprocity and legal base of hosting agreements for researchers (Recital 9a), transposing the wording of existing Directives in such a way so as to ensure the unity of family members of researchers (Recital 11) and defining the conditions for including doctoral students as researchers (Recital 12). By a series of additional amendments the following issues are addressed : salary thresholds (Recital 12a); the status of au pairs (Recitals 19, 21, 22); the employment contracts (Recital 23); the financial status of applicant and related fees for processing applications for authorizations (Recital 25); the conditions for extending the period of staying in a new Member State (Recital 31); students’ access to the labour market (Recital 33, 33a, 33b, 33c); the preconditions for access to the labour market for students/researchers (Recital 34).

The EMPL Opinion Rapporteur, focused mainly on key issues included in Articles 3, 7, 12, 14, 21, 23, 24, 25, 26, 27, 28 and 31 (as there was a very tight deadline for submission of this opinion).

In Article 3 emphasis is given to clarify definitions concerning “remunerated trainees”, “au pairs", “remuneration “, “employment”, “employer”, “family members” “higher education qualifications”, “unremunerated “ trainee and “host family”.

In Article 7, the reasoning of a strict employment relationship between the researcher and the academic establishment is introduced, in order to protect both parties in question, by endorsing provisions included in existing Directives on Researchers and Blue Card.

In Article 12 the specific conditions are clarified under which an unremunerated or remunerated trainee third country national, can be granted a visa for staying in a Member State, paying special attention to the training agreement or employment contract and previous higher education qualifications.

In Article 14 emphasis is given on the distinctive status of au pairs, and the importance of a legally binding agreement with a host family, in order to safeguard their working conditions and social cover on EU ground, avoiding their exploitation. The Rapporteur stresses the need to issue specific guidelines and a special Directive to regulate the au pair industry. She deletes” maternity” in order to avoid situations of abuse of the regulation and extends the host family’s responsibility to provide emergency help to au pairs.

In Article 21, the rights to equal treatment of third-country national researchers are safeguarded as regards branches of social security.

In Article 23, underlines that the maximum allowed working hours per week or days or months per year for working students shall not be less that 10h per week.

In Article 24, the Rapporteur supports the view that issues such as extending the residence status of researchers and students to other MS should be optional and remain at the Member State’s absolute competency. At the same time, there should be an adequate minimum level of harmonization in terms of volume of admissions-quotas.

In Article 25, the Rapporteur supports that the derogations to the right to family reunification, introduced, should not contradict to the idea of "brain drain" in the 3rd countries of origin and should always be in line with the values and principles recognised by the Members States.

Gender-neutral terminology is introduced in Articles 27 and 28 concerning on the rights for researchers and students covered by Union programmes to mobility and residence in a second Member State.

In Article 31, The Rapporteur reinforces the idea of equal treatment as regards the fees that the applicants should pay for their applications; these fees should be proportionate to their financial status or capacity, with special focus paid on the unremunerated categories such as the unpaid trainees and au pairs.

AMENDMENTS

The Committee on Employment and Social Affairs calls on the Committee on Civil Liberties, Justice and Home Affairs, as the committee responsible, to incorporate the following amendments in its report:

Amendment  1

Proposal for a directive

Recital 4

Text proposed by the Commission

Amendment

(4) The shortcomings highlighted in the implementation reports of the two Directives concern mainly admission conditions, rights, procedural safeguards, students' access to the labour market during studies, intra-Union mobility provisions as well as a lack of harmonization, as coverage of some groups, such as volunteers, school pupils and unremunerated trainees was left optional to Member States. Subsequent wider consultations have also pointed to the need for better job-seeking possibilities for researchers and students and better protection of au-pairs and remunerated trainees which are not covered by the current instruments.

(4) The shortcomings highlighted in the implementation reports of the two Directives on third-country nationals concern mainly admission conditions, rights, procedural safeguards, students' access to the labour market during studies, intra-Union mobility provisions as well as a lack of a minimum level of harmonization, as coverage of some groups, such as volunteers, school pupils and unremunerated trainees was left optional to Member States. Subsequent wider consultations have also pointed to the need for better job-seeking possibilities for researchers and students and better protection of au-pairs and remunerated trainees which are not covered by the current instruments.

Amendment  2

Proposal for a directive

Recital 8 a (new)

Text proposed by the Commission

Amendment

 

(8a) Implementation of this Directive should not encourage a brain drain from emerging or developing countries; back-up measures should therefore be adopted and mechanisms established to support researchers' reintegration into their countries of origin. Allowing third-country nationals to acquire skills and knowledge through a period of training in the Union should encourage a mutually beneficial “brain circulation” rather than a brain drain from third-countries of origin.

Justification

Allowing third-country nationals to acquire skills and knowledge through a period of training in Europe should encourage “brain circulation” for mutual benefits and not for brain drain against third-countries of origin.

Amendment  3

Proposal for a directive

Recital 9 a (new)

Text proposed by the Commission

Amendment

 

(9a)The admission procedure for researchers should be based on a valid hosting agreement between the third country national researcher and the host research organisation and be defined where appropriate by an employment relationship in accordance with the law in force in the Member State concerned and/or governed by the law in force in that Member State. A work permit might therefore be required in addition to the residence permit.

Amendment  4

Proposal for a directive

Recital 11

Text proposed by the Commission

Amendment

(11) In order to make the Union more attractive for third-country national researchers, family members of researchers, as defined in Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification, should be admitted with them. They should benefit from intra- Union mobility provisions and they should also have access to the labour market.

(11) In order to make the Union more attractive for highly educated and qualified third-country national researchers, it is essential to support the family unity of the members of the researchers' family; family members of researchers should be able to enjoy as defined in Council Directive 2003/86/EC of 22 September 2003, the right of family reunification and intra-Union mobility provisions. Access to the labour market granted to the family members of eligible third-country nationals should be without prejudice to the Member States’ competence to regulate such access, taking into account the situation of their labour markets. Member States are encouraged to introduce integration conditions and measures, such as language learning. However, the right to family reunification should not be granted as an extra incentive encouraging a brain drain from the third countries of origin.

Justification

Wording mirrors the one used in the Blue Card Directive

Amendment  5

Proposal for a directive

Recital 12

Text proposed by the Commission

Amendment

(12) Where appropriate, Member States should be encouraged to treat PhD candidates as researchers.

(12) Traditional avenues of admission, such as employment and traineeship, should be maintained for doctoral students carrying out research as students; under special circumstances, these doctoral students could be treated by Member States as researchers. Moreover, where needed and appropriate, Member States may also consider other educational degrees or practical experience as relevant and adequate for specific research purposes.

Amendment  6

Proposal for a directive

Recital 23

Text proposed by the Commission

Amendment

(23) Authorisations should mention the status of the third-country national concerned, and the respective Union programmes including mobility measures. Member States may indicate additional information in paper format or electronically, provided this does not amount to additional conditions.

(23) Authorisations should mention the legal and marital status of the third-country national concerned, possible employment contracts, unremunerated traineeship offers, the nature of the studies and voluntary work agreed as well as the respective Union research or other programmes including mobility measures. Member States may indicate additional information in paper format or electronically, provided this does not amount to additional conditions.

Justification

The abovementioned legal and marital status refers to the citizenship of the person and his/her marital position directly related to the right to family reunification.

Amendment  7

Proposal for a directive

Recital 25

Text proposed by the Commission

Amendment

(25) Member States may charge applicants for processing applications for authorisations. The fees should be proportionate to the purpose of the stay.

(25) Member States may charge applicants for processing applications for authorisations. However, in order to underline the welcoming nature of this Directive and at the same time, avoid any deterrent effect, the fees should be proportionate to the purpose of the stay, and there should be the possibility of reimbursement by the host entity or family, in the case of unremunerated trainees and au pairs.

Amendment  8

Proposal for a directive

Recital 30

Text proposed by the Commission

Amendment

(30) National authorities should inform third-country nationals who apply for admission to the Member States under this Directive of a decision on the application. They should do so in writing as soon as possible and, at the latest within 60 days, or, as soon as possible and at the latest within 30 days in the case of researchers and students covered by Union programmes including mobility measures, starting from the date of the application.

(30) National authorities should inform third-country nationals who apply for admission to the Member States under this Directive of a decision on the application. They should do so in writing as soon as possible and, at the latest within 90 days, or, as soon as possible and at the latest within 45 days in the case of researchers and students covered by Union programmes including mobility measures, starting from the date of the application.

Amendment  9

Proposal for a directive

Recital 31

Text proposed by the Commission

Amendment

(31) The intra-Union mobility of third-country national researchers, students and remunerated trainees should be facilitated. For researchers, this Directive should improve the rules relating to the period for which the authorisation granted by the first Member State should cover stays in a second Member State without requiring a new hosting agreement. Improvements should be made regarding the situation of students, and the new group of remunerated trainees, by allowing them to stay in a second Member State for periods lasting between three and six months, provided that they fulfil the general conditions laid down in this Directive. For third-country national trainees coming to the Union as intra-corporate transferees, specific intra-Union mobility provisions designed according to the nature of their transfer should apply in accordance with [Directive 2013/xx/EU on intra-corporate transfers].

(31) For researchers, this Directive should improve the rules on the possibility of extending the explicitly defined period for which the authorisation granted by the first Member State could cover stays in a second Member State without requiring a new hosting agreement; this would however require the consent of the second Member State, provided that such an extension was included in the original employment contract as part of the specific needs of the research programme followed. Improvements should be made regarding the situation of students, and the new group of remunerated trainees, by allowing them to stay in a second Member State for clearly defined periods lasting between three and six months, provided that they fulfil the general conditions laid down in this Directive and that adequate measures are in place to avoid possible risks of abuse. For third-country national trainees coming to the Union as intra-corporate transferees, specific intra-Union mobility provisions designed according to the nature of their transfer should apply in accordance with [Directive 2013/xx/EU on intra-corporate transfers].

Amendment  10

Proposal for a directive

Recital 33 b (new)

Text proposed by the Commission

Amendment

 

(33b) The possibility of employment for a minimum of 10 hours per week could be permitted in accordance with the rules applicable in each Member’s State law to equally qualified unemployed persons.

Amendment  11

Proposal for a directive

Recital 34

Text proposed by the Commission

Amendment

(34) As part of the drive to ensure a well-qualified workforce for the future, Member States should allow students who graduate in the Union to remain on their territory with the intention to identify work opportunities or to set up a business for 12 months after expiry of the initial authorisation. They should also allow researchers to do so upon completion of their research project as defined in the hosting agreement. This should not amount an automatic right of access to the labour market or to set up a business. They may be requested to provide evidence in accordance with Article 24.

(34) In order to enhance the attractiveness of the Member States as a study destination, and as part of the drive to ensure a well-qualified workforce for the future, Member States should have a discretion to allow students who graduate in the Union to remain on their territory with the intention to identify work opportunities or to set up a business for a minimum of six or a maximum of twelve months after expiry of the initial authorisation. They should also be free to allow researchers to do so upon completion of their research project, depending on the hosting agreement, the employment contract and the conditions of the labour market in the Member State concerned. This should not mean an automatic right of access to the labour market or to set up a business, but a decision for the Member States to take under certain conditions, and the request to provide evidence in accordance with Article 24.

Amendment  12

Proposal for a directive

Recital 36

Text proposed by the Commission

Amendment

(36) To make the Union more attractive for third-country national researchers, students, pupils, trainees, volunteers and au pairs, it is important to ensure their fair treatment in accordance with Article 79 of the Treaty. These groups are entitled to equal treatment with nationals of the host Member State under Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State. More favourable rights to equal treatment with nationals of the host Member State as regards branches of social security as defined in Regulation No 883/2004 on the coordination of social security schemes should be maintained for third-country national researchers, in addition to the rights granted under Directive 2011/98/EU. Currently the latter foresees a possibility for Member States to limit equal treatment with regard to branches of social security, including family benefits, and this possibility of limitation could affect researchers. In addition, independently on whether Union or national law of the host Member State gives third-country national school pupils, volunteers, unremunerated trainees and au-pairs access to the labour market, they should enjoy equal treatment rights with nationals of the host Member State as regards access to goods and services and the supply of goods and services made available to the public.

(36) To make the Union more attractive for third-country national researchers, students, pupils, remunerated or unremunerated trainees, volunteers and au pairs, it is important to ensure their fair treatment in accordance with Article 79 of the Treaty. Students should continue to be covered by Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State with the possible exceptions that apply under that Directive. More favourable rights to equal treatment with nationals of the host Member State as regards branches of social security as defined in Regulation No 883/2004 on the coordination of social security schemes should be maintained for third-country national researchers in employment, in addition to the rights granted under Directive 2011/98/EU. Currently the latter foresees a possibility for Member States to limit equal treatment with regard to branches of social security, including family benefits, and this possibility of limitation could affect researchers. Equal treatment under Directive 2011/98/EU should also apply to other categories of third-country nationals falling within the scope of this Directive only if they are considered by the Member States to be workers in employment. In addition, independently on whether Union or national law of the host Member State gives third-country national school pupils, volunteers, remunerated and unremunerated trainees and au-pairs access to the labour market, they should enjoy equal treatment rights with nationals of the host Member State as regards access to goods and services and the supply of goods and services made available to the public.

Amendment  13

Proposal for a directive

Article 3 – point f

Text proposed by the Commission

Amendment

(f) remunerated trainee means a third-country national who has been admitted to the territory of a Member State for a training period in return for which he/she receives remuneration in accordance with the national legislation of the Member State concerned;

(f) 'remunerated trainee' means a third-country national with previous relevant education or qualifications, who is an employee in training for career development purposes or as a part of his/her education, working under an employment contract and who has been admitted to the territory of a Member State for a training period in return for which he/she receives remuneration in accordance with the national legislation of the Member State concerned and/or applicable collective agreement;

Amendment  14

Proposal for a directive

Article 3 – point i

Text proposed by the Commission

Amendment

(i) au pair means a third-country national who is temporarily received by a family in the territory of a Member State in exchange for light housework and taking care of children in order to improve his/her linguistic skills and his/her knowledge of the host country;

(i) 'au pair' means a third-country adult aged 18 to 30 years, who is received by a host family in the territory of a Member State, for a defined period of time during which he/she improves his/her education, linguistic skills and cultural knowledge of the host country, in exchange for minor housework and/or child minding;

Amendment  15

Proposal for a directive

Article 3 – point m

Text proposed by the Commission

Amendment

(m) remuneration means the payment, whatever form it takes, received in consideration for the services performed and being considered under national legislation or established practice as a constituent element of an employment relationship;

(m) 'remuneration' means the wage or salary and any other consideration, whether in cash or in kind, which a worker receives directly in respect of his/her employment from his/her employer and which is equivalent to the services performed and being considered under national legislation and/or applicable collective agreement or established practice as a constituent element of an employment relationship;

Amendment  16

Proposal for a directive

Article 3 – point n

Text proposed by the Commission

Amendment

(n) employment means the exercise of activities covering whatever form of labour or work regulated under national law or established practice for and under the direction and supervision of an employer;

(n) 'employment' means the exercise of activities covering a form of labour or work regulated under national law or applicable collective agreement or established practice for and under the direction and supervision of an employer; it signifies a legal contract between two parties, the employer and the employee, through which reciprocal rights and obligations are created between the employee and the employer;

Amendment  17

Proposal for a directive

Article 3 – point n a (new)

Text proposed by the Commission

Amendment

 

(na) 'employer' means any natural person or any legal entity, for or under the direction and/or supervision of whom or which the employment is undertaken;

Amendment  18

Proposal for a directive

Article 3 – point n b (new)

Text proposed by the Commission

Amendment

 

(nb) 'family members' means third-country nationals as defined in Article 4 of Directive 2003/86/EC;

Amendment  19

Proposal for a directive

Article 4 – paragraph 2

Text proposed by the Commission

Amendment

2. This Directive shall be without prejudice to the right of Member States to adopt or maintain provisions that are more favourable to the persons to whom it applies with respect to Articles 21, 22, 23, 24, 25 and 29, especially in the context of Mobility Partnerships.

2. This Directive shall be without prejudice to the right of Member States to adopt or maintain provisions that are more favourable to the persons to whom it applies.

Amendment  20

Proposal for a directive

Article 6 – point c

Text proposed by the Commission

Amendment

(c) have sickness insurance for all risks normally covered for nationals of the Member State concerned;

(c) have sickness insurance for the risks normally covered for nationals of the Member State concerned;

Amendment  21

Proposal for a directive

Article 6 – point f a (new)

Text proposed by the Commission

Amendment

 

(fa) provide his/her address in the territory of the Member State concerned;

Justification

Mirrors wording used in other Directives on third-countries nationals

Amendment  22

Proposal for a directive

Article 7 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) present a hosting agreement signed with a research organisation in accordance with Article 9(1) and Article 9(2);

(a) present a valid hosting agreement, including a valid employment contract or a binding job offer or a certificate of scholarship as a researcher, as provided for in national law, and signed with a research organization in accordance with Article 9(1) and Article 9(2);

Amendment  23

Proposal for a directive

Article 7 – paragraph 5

Text proposed by the Commission

Amendment

5. Member States may accept, in accordance with their national legislation, an application submitted when the third-country national concerned is already in their territory.

5. Member States shall accept and examine, in accordance with their national legislation, an application submitted when the third-country national concerned is already in their territory.

Amendment  24

Proposal for a directive

Article 7 – paragraph 6

Text proposed by the Commission

Amendment

6. Member States shall determine whether applications for authorisations are to be made by the researcher or by the research organisation concerned.

6. Applications for authorisations are to be made by the research organisation and/or the prospective researcher concerned, in full cooperation and agreement.

Amendment  25

Proposal for a directive

Article 7 – paragraph 6 a (new)

Text proposed by the Commission

Amendment

 

6a. Where the conditions for family reunification are relevant and fulfilled, the third-country national researcher shall make a declaration to that effect and submit legal documentation for his/her family members in parallel with the application for authorisation.

Justification

Wording similar to Directives on Researchers, Blue Card, Family reunification and on sanctions against employers of illegally staying third-country nationals

Amendment  26

Proposal for a directive

Article 9 – paragraph 1 – subparagraph 2 – point e

Text proposed by the Commission

Amendment

(e) information on the legal relationship between the research organisation and the researcher;

(e) information and specification of the legal and/or employment relationship between the research organisation and the researcher;

Amendment  27

Proposal for a directive

Article 12 – title

Text proposed by the Commission

Amendment

Specific conditions for trainees

Specific conditions for unremunerated and remunerated trainees

Amendment  28

Proposal for a directive

Article 12 – paragraph 1 – subparagraph 1 – point a

Text proposed by the Commission

Amendment

(a) have signed a training agreement, approved if need be by the relevant authority in the Member State concerned in accordance with its national legislation or administrative practice, for a placement with a public- or private-sector enterprise or vocational training establishment recognised by the Member State in accordance with its national legislation or administrative practice.

(a) as a part of his/her education, provide evidence of a signed training agreement or employment contract, approved if need be by the relevant authority in the Member State concerned in accordance with its national legislation or administrative practice, for a placement with a public- or private-sector enterprise or vocational training establishment recognized by the Member State in accordance with its national legislation or administrative practice.

Amendment  29

Proposal for a directive

Article 12 – paragraph 1 – subparagraph 1 – point b

Text proposed by the Commission

Amendment

(b) prove, if the Member State so requires, that they have previous relevant education or qualifications or professional experience to benefit from the work experience.

(b) prove, if the Member State so requires, that they have previous relevant higher education qualifications or professional qualifications to benefit from the work experience and/or that the training period is a part of his/her education in an educational establishment in the country of his/her origin.

Amendment  30

Proposal for a directive

Article 12 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

The agreement referred to in point (a) shall describe the training programme, specify its duration, the conditions under which the trainee is supervised in the performance of this programme, his/her working hours, the legal relationship with the host entity and, where the trainee is remunerated, the remuneration granted to him/her.

The agreement referred to in point (a) shall describe the training programme, specify its duration, the conditions under which the trainee is supervised in the performance of this programme, his/her working hours, the legal relationship with the host entity and, where the trainee is remunerated, the remuneration granted to him/her and the employment contract.

Amendment  31

Proposal for a directive

Article 12 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States may require the host entity to declare that the third country national is not filling a job.

2. Member States may consider the actual need for labour or whether there are enough training posts for host-country nationals and require the host entity to ensure that the third country national is not filling a job, so as to avoid exploitation or social dumping.

Amendment  32

Proposal for a directive

Article 13 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

A Member State may consider whether the volunteer work is genuine or whether it has negative effects on the labour market.

Amendment  33

Proposal for a directive

Article 14 – point a

Text proposed by the Commission

Amendment

(a) be at least 17 but not more than 30 or, except in individually justified cases, more than 30 years of age;

(a) be at least 18 but not in any event more than 30, and may not be relative of the host family;

Amendment  34

Proposal for a directive

Article 14 – point c

Text proposed by the Commission

Amendment

(c) produce an agreement between the au-pair and the host family defining his/her rights and obligations, including specifications about the pocket money to be received and adequate arrangements allowing him/her to attend courses, and participation in day-to-day family duties.

(c) present a contract which states the rights and contractual obligations of the au pair and the host family, on the basis that the au pair receives board and lodging in exchange of services such as light housework and/or childcare in the host family and agreement between the au-pair and the host family clearly defining his/her rights and obligations, including specifications about the pocket money allowance to be received, adequate arrangements allowing or requiring him/her to attend courses, including the right to at least one whole free day per week, and participation in day-to-day family duties, indicating the maximum hours per day which may be dedicated to participation in such duties.

Amendment  35

Proposal for a directive

Article 14 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

A Member State may take other issues into consideration when deciding whether the host family is able to provide a good home for the au-pair for the duration of his/her stay.

Amendment  36

Proposal for a directive

Article 18 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

Member States shall reject an application in the following cases :

Member States may reject an application in the following cases :

Amendment  37

Proposal for a directive

Article 18 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) where the host entity or educational establishment was established in the sole purpose of facilitating entry;

(c) where the host entity or educational establishment is acting in the sole purpose of facilitating entry;

Amendment  38

Proposal for a directive

Article 18 – paragraph 1 – point c a (new)

Text proposed by the Commission

Amendment

 

(ca) where there are other serious reasons to suspect that the host entity or educational establishment is acting fraudulently;

Amendment  39

Proposal for a directive

Article 19 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

Member States shall withdraw an authorisation in the following cases :

Member States may withdraw an authorisation in the following cases :

Amendment  40

Proposal for a directive

Article 19 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) where the host entity was established for the sole purpose of facilitating entry;

(c) where the host entity is acting for the sole purpose of facilitating entry;

Amendment  41

Proposal for a directive

Article 19 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) where the host entity does not meet the legal obligations regarding social security and/or taxation set out in national law or has filed for bankruptcy or is otherwise insolvent;

(d) where the host entity does not meet the legal obligations regarding social security and/or taxation set out in national law or has filed for bankruptcy or is otherwise insolvent. Where this happens in a course of study, reasonable time should be given for the student to find an equivalent course to enable the completion of his/her studies;

Amendment  42

Proposal for a directive

Article 19 – paragraph 1 – point f

Text proposed by the Commission

Amendment

(f) for students, where the time limits imposed on access to economic activities under Article 23 are not respected or if the respective student does not make acceptable progress in the relevant studies in accordance with national legislation or administrative practice.

(f) for students, where the time limits imposed on access to economic activities under Article 23 are not respected or if the respective student does not make acceptable progress in the relevant studies in accordance with national legislation or administrative practice and there is no compelling mitigating factor to explain this situation.

Amendment  43

Proposal for a directive

Article 20 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) for students, where the time limits imposed on access to economic activities under Article 23 are not respected or where the student does not make acceptable progress in the relevant studies in accordance with national legislation or administrative practice.

(c) for students, where the time limits imposed on access to economic activities under Article 23 are not respected or where the student does not make acceptable progress in the relevant studies in accordance with national legislation or administrative practice and there is no compelling mitigating factor to explain this situation.

Amendment   44

Proposal for a directive

Article 21– paragraph 1

Text proposed by the Commission

Amendment

1. By way of derogation from Article 12(2)(b) of Directive 2011/98/EU, third-country national researchers shall be entitled to equal treatment with nationals of the host Member State as regards branches of social security, including family benefits, as defined in Regulation No 883/2004 on the coordination of social security schemes.

1.Third-country national researchers, students, pupils, trainees, volunteers and au pairs shall be entitled to equal treatment with nationals of the host Member State under Directive 2011/98/EU only and if they are considered by that Member State to be workers in employment.

Amendment   45

Proposal for a directive

Article 23 – paragraph 3

Text proposed by the Commission

Amendment

3. Each Member State shall determine the maximum number of hours per week or days or months per year allowed for such an activity, which shall not be less than 20 hours per week, or the equivalent in days or months per year.

3. Each Member State shall determine the maximum number of hours per week or days or months per year allowed for such an activity, which shall not be less than 10 hours per week or the equivalent in days or months per year.

Amendment 46

Proposal for a directive

Article 24

Text proposed by the Commission

Amendment

After finalisation of research or studies in the Member State, third-country nationals shall be entitled to stay on the territory of the Member State for a period of 12 months in order to look for work or set up a business , if the conditions laid down in points (a) and (c) to (f) of Article 6 are still fulfilled. In a period of more than 3 and less than 6 months, third-country nationals may be requested to provide evidence that they continue to seek employment or are in the process of setting up a business. After a period of 6 months, third-country nationals may additionally be requested to provide evidence that they have a genuine chance of being engaged or of launching a business.

Members States may decide that after finalisation of research and/or studies in the Member State, third country nationals shall be entitled to stay for a period lasting from six to 12 months in order to look for work or set up a business, if the conditions laid down in points (a) and (c) to (f) of Article 6 are still fulfilled and if they are able to provide for themselves and, if applicable, for their family. In a period of more than 3 and less than 6 months, third-country nationals may be requested to provide evidence that they continue to seek employment or are in the process of setting up a business. After a period of 6 months, third-country nationals may additionally be requested to provide evidence that they have a genuine chance of being engaged or of launching a business.

Amendment  47

Proposal for a directive

Article 24 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

Member States may require the business founded by the third-country national to fulfil certain conditions in order to ascertain that it is a genuine enterprise.

Amendment  48

Proposal for a directive

Article 26 – title

Text proposed by the Commission

Amendment

Right to mobility between Member States for researchers, students and remunerated trainees

Right to mobility between Member States for researchers, students, remunerated and unremunerated trainees

Amendment  49

Proposal for a directive

Article 26 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

For periods exceeding three months, but not exceeding six months, a third-country national who has been admitted as a student or as a remunerated trainee under this Directive shall be allowed to carry out part of his/her studies/traineeship in another Member State provided that before his or her transfer to that Member State, he/she has submitted the following to the competent authority of the second Member State:

For periods exceeding three months, but not exceeding six months, a third-country national who has been admitted as a student, as a remunerated or unremunerated trainee or as a researcher under this Directive may be allowed to carry out part of his/her studies/traineeship in another Member State provided that before his or her transfer to that Member State, he/she has submitted the following to the competent authority of the second Member State for validation and approval:

Amendment  50

Proposal for a directive

Article 28 – paragraph 1

Text proposed by the Commission

Amendment

1. When a researcher moves to a second Member State in accordance with Articles 26 and 27, and when the family was already constituted in the first Member State, the members of his family shall be authorised to accompany or join him.

1. When a researcher moves to a second Member State in accordance with Articles 26 and 27, and when the family was already constituted in the first Member State, the members of his/her family shall be authorised to accompany or join him/her, on the basis of a case-by-case analysis.

Justification

Gender-neutral terminology should be used

Amendment  51

Proposal for a directive

Article 31

Text proposed by the Commission

Amendment

Member States may require applicants to pay fees for the processing of applications in accordance with this Directive. The amount of such fees shall not endanger the fulfilment of its objectives.

Member States may require applicants to pay fees for the processing of applications in accordance with this Directive. The level of such fees shall not be excessive or disproportionate to their financial status/capacity, especially for the unremunerated categories, such as trainees and au pairs.

Justification

Court of Justice judgement in the case C-508/10 Commission v Netherlands stated that the level of fees shall not be excessive or disproportionate. For categories of unremunerated persons there should be a kind of state facilitation; this is the essence of a European welfare state.

Amendment  52

Proposal for a directive

Article 35 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [two years after the entry into force] at the latest. They shall forthwith communicate to the Commission the text of those provisions.

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [three years after the entry into force] at the latest. They shall forthwith communicate to the Commission the text of those provisions.

PROCEDURE

Title

Conditions of  entry and residence of third-country nationals for the purposes of research, studies, pupil exchange,  remunerated and unremunerated training , voluntary service  and au pairing  [Recast]

References

COM(2013)0151 – C7-0080/2013 – 2013/0081(COD)

Committee responsible

       Date announced in plenary

LIBE

16.4.2013

 

 

 

Opinion by

       Date announced in plenary

EMPL

13.6.2013

Rapporteur

       Date appointed

Antigoni Papadopoulou

27.5.2013

Discussed in committee

5.9.2013

18.9.2013

25.9.2013

 

Date adopted

26.9.2013

 

 

 

Result of final vote

+:

–:

0:

30

8

0

Members present for the final vote

Edit Bauer, Heinz K. Becker, Jean-Luc Bennahmias, Pervenche Berès, Vilija Blinkevičiūtė, Philippe Boulland, David Casa, Alejandro Cercas, Ole Christensen, Derek Roland Clark, Minodora Cliveti, Emer Costello, Frédéric Daerden, Sari Essayah, Richard Falbr, Danuta Jazłowiecka, Ádám Kósa, Jean Lambert, Verónica Lope Fontagné, Olle Ludvigsson, Thomas Mann, Csaba Őry, Sylvana Rapti, Licia Ronzulli, Elisabeth Schroedter, Joanna Katarzyna Skrzydlewska, Jutta Steinruck, Ruža Tomašić, Traian Ungureanu

Substitute(s) present for the final vote

Françoise Castex, Philippe De Backer, Anthea McIntyre, Ria Oomen-Ruijten, Antigoni Papadopoulou, Birgit Sippel, Csaba Sógor, Tatjana Ždanoka

Substitute(s) under Rule 187(2) present for the final vote

Cecilia Wikström


OPINION of the Committee on Legal Affairs (19.9.2013)

for the Committee on Civil Liberties, Justice and Home Affairs

on the proposal for a directive of the European Parliament and of the Council on the conditions of entry and residence of third-country nationals for the purposes of research, studies, pupil exchange, remunerated and unremunerated training, voluntary service and au pairing

(COM(2013)0151 – C7-0080/2013 – 2013/0081(COD))

Rapporteur: Dimitar Stoyanov

SHORT JUSTIFICATION

The proposal is to amend Directive 2005/71/EC on a specific procedure for admitting third-country nationals for the purposes of scientific research(1) and Directive 2004/114/EC on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service(2). Apart from codifying the two directives in a single general text, the proposal also provides for expanding the field of application, in terms of the categories of people covered, and for extending certain of the rights enjoyed by the third-country nationals in question.

The main aim of the proposal, according to the Commission, is to make the EU more attractive as a destination for talented immigrants from third countries. It therefore sets out to replace various national rules on admission and residence applications with common rules, so as to simplify the procedures for would-be applicants and for the organisations involved, and it asserts the need for a common EU-wide instrument to encourage mobility within the EU for the people in question. The extension of the recast directive’s scope to include two additional categories of people – remunerated trainees and au-pairs – is intended to provide, in the words of the proposal, ‘a safeguard from exploitation’ for these vulnerable groups.

One of the proposal’s key elements is ‘to better tap into the potential of students and researchers’ by making it easier for them to work in the EU after completing their studies or research. If adopted in its original form, the proposal would increase the right of students to work part-time, raising the permitted number of hours per week from 10 to 20, give members of researchers’ families the right to seek work, and allow students and researchers having completed their studies or research to stay within the territory for 12 months to identify work opportunities. There is also provision for facilitating intra-EU mobility for students and researchers, especially those taking part in Erasmus Mundus or Marie Curie programmes.

Another important new feature of the proposal is that it makes binding some of the main provisions on conditions of entry and residence where they are not already binding under existing EU law. The proposal provides that an applicant who satisfies all the conditions set out for admission to one of the Member States shall be granted a long-stay visa or residence permit.

AMENDMENTS

The Committee on Legal Affairs calls on the Committee on Civil Liberties, Justice and Home Affairs, as the committee responsible, to incorporate the following amendments in its report:

Amendment  1

Proposal for a directive

Recital 30

Text proposed by the Commission

Amendment

(30) National authorities should inform third-country nationals who apply for admission to the Member States under this Directive of a decision on the application. They should do so in writing as soon as possible and, at the latest within 60 days, or, as soon as possible and at the latest within 30 days in the case of researchers and students covered by Union programmes including mobility measures, starting from the date of the application.

(30) National authorities should inform third-country nationals who apply for admission to the Member States under this Directive of a decision on the application. They should do so in writing as soon as possible and, at the latest within 60 days, or, as soon as possible and at the latest within 30 days in the case of researchers and students covered by Union programmes including mobility measures, starting from the date of the application. Member States should make provision for appeal to a competent national court against the implicit refusal of admission where the national authorities fail to respond to an application within the abovementioned time limits.

Amendment  2

Proposal for a directive

Article 2 – paragraph 2 – point e

Text proposed by the Commission

Amendment

(e) considered under the national legislation of the Member State concerned as self-employed persons.

(e) considered under the national legislation of the Member State concerned as members of the liberal professions or self-employed persons.

PROCEDURE

Title

Conditions of  entry and residence of third-country nationals for the purposes of research, studies, pupil exchange,  remunerated and unremunerated training , voluntary service  and au pairing  [Recast]

References

COM(2013)0151 – C7-0080/2013 – 2013/0081(COD)

Committee responsible

       Date announced in plenary

LIBE

16.4.2013

 

 

 

Opinion by

       Date announced in plenary

JURI

16.4.2013

Rapporteur

       Date appointed

Dimitar Stoyanov

15.4.2013

Discussed in committee

29.5.2013

8.7.2013

 

 

Date adopted

17.9.2013

 

 

 

Result of final vote

+:

–:

0:

9

8

7

Members present for the final vote

Raffaele Baldassarre, Luigi Berlinguer, Sebastian Valentin Bodu, Françoise Castex, Christian Engström, Marielle Gallo, Giuseppe Gargani, Lidia Joanna Geringer de Oedenberg, Sajjad Karim, Klaus-Heiner Lehne, Antonio López-Istúriz White, Antonio Masip Hidalgo, Jiří Maštálka, Alajos Mészáros, Bernhard Rapkay, Evelyn Regner, Francesco Enrico Speroni, Dimitar Stoyanov, Alexandra Thein, Cecilia Wikström, Tadeusz Zwiefka

Substitute(s) present for the final vote

Eva Lichtenberger, Angelika Niebler, József Szájer, Axel Voss

Substitute(s) under Rule 187(2) present for the final vote

Olle Schmidt

(1)

Council Directive 2005/71/EC, of 12 October 2005, on a specific procedure for admitting third-country nationals for the purposes of scientific research, OJ L 289, 3.11.2005, p. 15.

(2)

Council Directive 2004/114/EC, of 13 December 2004, on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service, OJ L 375, 23.12.2004, p. 12.


PROCEDURE

Title

Conditions of  entry and residence of third-country nationals for the purposes of research, studies, pupil exchange,  remunerated and unremunerated training , voluntary service  and au pairing  [Recast]

References

COM(2013)0151 – C7-0080/2013 – 2013/0081(COD)

Date submitted to Parliament

25.3.2013

 

 

 

Committee responsible

       Date announced in plenary

LIBE

16.4.2013

 

 

 

Committee(s) asked for opinion(s)

       Date announced in plenary

EMPL

13.6.2013

JURI

16.4.2013

JURI

16.4.2013

 

Rapporteur(s)

       Date appointed

Cecilia Wikström

24.4.2013

 

 

 

Discussed in committee

29.5.2013

9.7.2013

16.9.2013

 

Date adopted

5.11.2013

 

 

 

Result of final vote

+:

–:

0:

49

3

1

Members present for the final vote

Roberta Angelilli, Edit Bauer, Salvatore Caronna, Carlos Coelho, Agustín Díaz de Mera García Consuegra, Ioan Enciu, Frank Engel, Cornelia Ernst, Tanja Fajon, Hélène Flautre, Kinga Gál, Kinga Göncz, Nathalie Griesbeck, Sylvie Guillaume, Ágnes Hankiss, Salvatore Iacolino, Sophia in ‘t Veld, Lívia Járóka, Teresa Jiménez-Becerril Barrio, Timothy Kirkhope, Juan Fernando López Aguilar, Baroness Sarah Ludford, Monica Luisa Macovei, Svetoslav Hristov Malinov, Véronique Mathieu Houillon, Anthea McIntyre, Roberta Metsola, Louis Michel, Claude Moraes, Georgios Papanikolaou, Carmen Romero López, Judith Sargentini, Birgit Sippel, Csaba Sógor, Renate Sommer, Rui Tavares, Kyriacos Triantaphyllides, Wim van de Camp, Renate Weber, Josef Weidenholzer, Cecilia Wikström, Tatjana Ždanoka, Auke Zijlstra

Substitute(s) present for the final vote

Anna Maria Corazza Bildt, Franco Frigo, Mariya Gabriel, Stanimir Ilchev, Raül Romeva i Rueda, Davor Ivo Stier

Substitute(s) under Rule 187(2) present for the final vote

Andrzej Grzyb, Stephen Hughes, Jens Nilsson, Marit Paulsen

Date tabled

12.11.2013

Last updated: 19 February 2014Legal notice