(-1) Immigration policy comes within the range of policies in respect of which the Council, both through flanking measures related to the free movement of persons and autonomous measures, adopts legislative instruments aimed at progressively establishing an area of freedom, security and justice throughout the territory of the Member States (Article 61(a) and (b) of the Treaty);
(Amendment 2)
Recital 1
(1)
Article 63(3) of the Treaty provides that the Council is to adopt measures on immigration policy. Article 63(3)(a) provides, in particular, that the Council is to adopt measures relating to the conditions of entry and residence, and specifically refers to entry and residence
for the purpose of family reunion.
(1)
Article 63(3) of the Treaty provides that the Council is to adopt measures on immigration policy. Article 63(3)(a) provides, in particular, that the Council is to adopt measures relating to the conditions of entry and residence, and standards on procedures for the issue by Member States of long term visas and residence permits, including those
for the purpose of family reunion.
(Amendment 3)
Recital 3
(3)
The European Council, at its special meeting in Tampere on 15 and 16 October 1999, acknowledged the need for harmonisation of national legislation on the conditions for admission and residence of third-country nationals, to be based on a common evaluation both of economic and demographic trends within the Union and of the situation in countries of origin. The European Council accordingly asked the Council rapidly to adopt decisions on the basis of Commission proposals. Those decisions were to take account not only of the absorption capacity of each Member State but also their historical and cultural links with countries of origin.
(3)
The European Council, at its special meeting in Tampere on 15 and 16 October 1999, acknowledged the need for harmonisation of national legislation on the conditions for admission and residence of third-country nationals, to be based on a common evaluation both of economic and demographic trends within the Union and of the situation in countries of origin. The European Council accordingly asked the Council rapidly to adopt decisions on the basis of Commission proposals. Those decisions were to take account not only of the absorption capacity of each Member State but also their historical and cultural links with countries of origin. Nevertheless, the data and information necessary for the common evaluation and for the adoption of the decisions referred to must be subsequently made available to the Commission.
(Amendment 4)
Recital 6
(6)
Family reunification is a necessary way of making family life possible. It helps to create a
socio-cultural environmentfacilitatingtheintegration
of third-country nationals in the Member State, which also serves to promote economic and social cohesion, a fundamental Community objective stated in Article 2 and Article 3(1)(k) of the EC Treaty.
(6)
Family reunification is a necessary way of making family life possible. It helps to create socio-cultural stabilitywhich, with due respect for the cultures and traditions
of third-country nationals, facilitates the integration of those nationals
in the Member State, which also serves to promote economic and social cohesion, a fundamental Community objective stated in Article 2 and Article 3(1)(k) of the EC Treaty.
(Amendment 19)
Recital 8a (new)
(8a) As regards the situation of persons enjoying subsidiary protection who cannot be covered by this Directive, a directive on the rules governing the absorption of this category of persons should be adopted without delay.
(Amendment 5)
Recital 11
(11)
Family reunification should also apply to children of full age and to relatives in the ascending line where, in view of their personal situation, there are important objective reasons for not separating them fromthe
third-country national residing lawfully in a Member State.
(11)
Family reunification should also apply to children of full age and to relatives in the ascending line where, in view of their personal situation, there are important objective reasons for them being unable to live in acceptable conditions and self-sufficiently separately from their relative
, a
third-country national residing lawfully in a Member State.
(Amendment 6)
Recital 12
(12)
A set of rules governing the procedure for examination of applications for family reunification and for entry and residence of family members should be laid down. Those procedures should be effectiveand fair
and offer proper protection
to those concerned.
(12)
A set of rules governing the procedure for examination of applications for family reunification and for entry and residence of family members should be laid down. Those procedures should be efficient to manage and transparent, taking account of the normal average workload of the Member States' administrations,
and should
offer proper legal certainty
to those concerned.
(Amendment 8)
Recital 14
(14)
Effective, proportionate and dissuasive measures should be taken to avoid
and penalise breaches of the rules and procedures relating to family reunification.
(14)
Effective, proportionate and dissuasive measures should be taken to prevent
and penalise breaches of the rules and procedures relating to family reunification.
(Amendment 9)
Article 3a (new)
Article 3a
1.
Notwithstanding this directive Member States may maintain or introduce more favourable arrangements or rules under national law for family reunification and the integration of families.
2.
The implementation of this directive may in no circumstances be used to justify lowering the level of protection already guaranteed by the Member States in regard to family reunification in the areas covered by the directive.
(Amendment 25)
Article 5(1)(d)
(d)
the relatives in the ascending line of the applicant or his spouse or unmarried partner who are dependent on them and have no other means of family support in the country of origin
;
(d)
the relatives in the ascending line of the applicant or his spouse or unmarried partner who are dependent on them and on the material and family support of the applicant;
(Amendment 10)
Article 7(1)
1.
In order to exercise his right to family reunification, the applicant shall submit an application for entry and residence of a member
of his family to the competent authorities of the Member State where he resides. The application shall be accompanied by documentary evidence of the family relationship and of compliance with the conditions laid down in Articles 5, 8 and, where applicable, 9 and 10.
The application shall be submitted when the family member is outside the territory of the Member State.
1.
In order to exercise his right to family reunification, the applicant shall submit an application for entry and residence of one or more members
of his family to the competent authorities of the Member State where he resides. The application shall be accompanied by documentary evidence of the family relationship and of compliance with the conditions laid down in Articles 5, 8 and, where applicable, 9 and 10.
The application shall be submitted when the family member is outside the territory of the Member State.
(Amendment 11)
Article 8(1)
1.
The Member States may refuse to allow the entry and residence of a
family member
on grounds of public policy, domestic security or public health.
1.
The Member States may refuse to allow the entry and residence of one or more
family members
on grounds of public policy, domestic security or public health. Any decision so to do must be accompanied by a detailed justification.
(Amendment 28)
Article 8(2)
2.
The grounds of public policy or domestic security must be based exclusively on the personal conduct of the family member concerned.
2.
The grounds of public policy or domestic security must be based exclusively on the personal conduct of the family member concerned and be notified to the applicant in a decision against which he/she may appeal
.
(Amendment 12)
Article 9(1)(a)
(a)
adequate
accommodation, that is to say accommodation that would be regarded as normal
for a comparable family living in the same region of the Member State concerned;
(a)
accommodation, that is to say accommodation that would be regarded as adequate
for a comparable family living in the same region of the Member State concerned; the suitability of the accommodation shall be assessed on the basis of objective, measurable criteria;
(Amendment 13)
Article 9(1)(c), 2nd paragraph
Where the first subparagraph cannot be applied, resources shall be deemed sufficient if they are
equal to or higher than the level of the minimum social security pension paid by the Member State.
Where the first subparagraph cannot be applied, resources shall be higher than or at least
equal to the level of the minimum social security pension paid by the Member State.
(Amendments 15 and 50)
Article 11
1.
As soon as the application for family reunification has been accepted, the Member State concerned shall authorise the entry of the family member. The Member States shall grant such person every facility for obtaining the requisite visas, including transit visas where required. Such visas shall be issued without charge.
1.
As soon as the application for family reunification has been accepted, the Member State concerned shall authorise the entry of the family member or members
. The Member States shall grant such person or persons
every facility for obtaining the requisite visas, including transit visas where required. Such visas shall be issued without charge.
2.
The Member State concerned shall grant the family member a renewable
residence permit of the same duration as that held by the applicant. If the applicant's residence permit is permanent or for an unlimited duration, the Member States may limit the duration of the family member's
first residence permit to one year.
2.
The Member State concerned shall grant the family member or members
a residence permit of the same duration as that held by the applicant. If the applicant's residence permit is permanent or for an unlimited duration, the Member States may limit the duration of the first residence permit of the family member or of some or all of the family members
to one year.
(Amendments 16 and 51)
Article 12(2)
2.
Points (b) and (c) of paragraph 1 shall not apply to relatives in the ascending line or to children of full age to whom Article 5(1)(d) and (e) applies.
European Parliament legislative resolution on the proposal for a Council directive on the right to family reunification (COM(1999) 638
- C5-0077/2000
- 1999/0258(CNS)
)
(Consultation procedure)
The European Parliament,
- having regard to the Commission proposal to the Council (COM(1999) 638(1)
),
- having regard to Article 63 of the EC Treaty,
- having been consulted by the Council pursuant to Article 67 of the EC Treaty (C5-0077/2000
),
- having regard to Rule 67 of its Rules of Procedure,
- having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs and the opinion of the Committee on Legal Affairs and the Internal Market (A5-0201/2000
),
1. Approves the Commission proposal as amended;
2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;
3. Calls on the Council to notify Parliament should it intend to depart from the text approved by Parliament;
4. Asks to be consulted again if the Council intends to amend the Commission proposal substantially;
5. Instructs its President to forward its position to the Council and Commission.