BETA

61 Amendments of Jean-Paul GARRAUD related to 2022/0134(COD)

Amendment 134 #
Draft legislative resolution
Paragraph 1
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 CommissionRejects the Commission’s legislative proposal;
2022/12/08
Committee: LIBE
Amendment 135 #
Proposal for a directive
Recital 3
(3) The integrassimilation of third-country nationals who are EU long-term residents in the Member States is a key element in promoting economic and social cohesion, a fundamental objective of the Union stated in the Treanecessity.
2022/12/08
Committee: LIBE
Amendment 136 #
Proposal for a directive
Recital 5
(5) The prospect of obtaining EU long-term resident status in a Member State after a certain time is an important element for the full integration of beneficiaries of international protection in the Member State of residence. Beneficiaries of international protection should therefBeneficiaries of international protection should not be able to obtain, on a mandatorey be able to obtainasis, EU long-term resident status in the Member State which granted them international protection, subject to the same conditions as other third-country nationals.
2022/12/08
Committee: LIBE
Amendment 139 #
Proposal for a directive
Recital 7
(7) The main criterion for acquirduration of residence ing the status of EU long-term residentterritory of a Member State should not be the duration of residence sole criterion for acquiring the territory of a Member Statestatus of EU long-term resident. Residence should at any rate be both legal and continuous in order to show that the person has put down roots in the country. Provision should be made for a degree of flexibility so that account can be taken of circumstances in which a person might have to leave the territory on a temporary basis.
2022/12/08
Committee: LIBE
Amendment 145 #
Proposal for a directive
Recital 9
(9) The required period of residence for the acquisition of EU long-term resident status should be completed in the same Member State of application. However, in order to promote the intra-EU mobility of third-country nationals, Member States should allow third-country nationals to cumulate periods of residence in different Member States. With the aim to limit the attractiveness of investor residence schemes and in account of the fact that not all Member States have regulated this category of residence permits, Member States should not take into account periods of residence as a holder of a residence permit granted on the basis of any kind of investment in another Member State for the purpose of cumulating periods.
2022/12/08
Committee: LIBE
Amendment 148 #
Proposal for a directive
Recital 10
(10) AnyNot all periods of residence spent by a holder of a long-stay visa or residence permit issued under Union or national law should be counted for acquiring the EU long-term resident status, including periods of residence under a status or in a capacity that is excluded from the scope of the Directive, such as residence for study purposes or vocational training, residence as beneficiary of national or temporary protection, or residence initially based solely on temporary grounds. Where the third- country national concerned has acquired a title of residence which will enable him/her to be granted EU long-term resident status, these periods should be taken into account fully in the calculation of the period required to acquire EU long- term resident status, provided that the overall residence has been legal and continuous.
2022/12/08
Committee: LIBE
Amendment 151 #
Proposal for a directive
Recital 11
(11) To acquire EU long-term resident status, third-country nationals should prove that they have adequate resources and sickness insurance, to avoid becoming a burden for the Member State. Member States may indicate a certain sum as a reference amount, but they may not impose a minimum income level, below which all applications for EU long-term resident status would be refused, irrespective of an actual examination of the situation of each applicant. When making an assessment of the possession of stable and regular resources, Member States may take into account factors such as contributions to the pension system and fulfilment of tax obligations. The concept of ‘resources’ should not concern solely the ‘own resources’ of the applicant for EU long-term resident status, but may also cover the resources made available to that applicant by a third party provided that, in the light of the individual circumstances of the applicant concerned, they are considered to be stable, regular and sufficient.
2022/12/08
Committee: LIBE
Amendment 160 #
Proposal for a directive
Recital 12
(12) Member States should be able to require applicants for EU long-term resident status to comply with integrassimilation conditions, for example by requiring them to pass a civic integration or language examination. However, the means for implementing this requirement should not be liable to jeopardise the objective of promoting the integration of third-country nationals, having regard, in particular, to the level of knowledge required to pass a civic integration examination, to the accessibility of the courses and material necessary to prepare for that examination, to the amount of fees applicable to third- country nationals as registration fees to sit that examination, or to the consideration of specific individual circumstances, such as age, illiteracy or level of education.
2022/12/08
Committee: LIBE
Amendment 163 #
Proposal for a directive
Recital 12 a (new)
(12a) Compliance with the common values of the Member States and the ability to assimilate are essential criteria for obtaining EU long-term resident status;
2022/12/08
Committee: LIBE
Amendment 166 #
Proposal for a directive
Recital 14
(14) Economic considerations should not be a ground for refusing to grant EU long-term resident status and should not be considered as interfering with the relevant conditions.deleted
2022/12/08
Committee: LIBE
Amendment 167 #
Proposal for a directive
Recital 15
(15) A set of rules governEach Member State should retaing the procedures for the examination ofower to accept or refuse application s for the acquisition of EU long-term resident status should be laid down. Those procedures should be effective and manageable, taking account of the normal workload of the Member States’ administrations, as well as transparent and fair, in order to offer appropriate legal certainty to those concerned. They should not constitute a means of hindering the exercise of the right of residence.
2022/12/08
Committee: LIBE
Amendment 168 #
Proposal for a directive
Recital 17
(17) In order to promote circular migration of EU long-term residents, in particular to allow them to invest in their countries of origin and share the knowledge and skills acquired in the Union, as well as to return temporarily to their countries of origin for personal and family circumstances, EU long-term residents should be allowed to be absent from the territory of the Union for up to 24 consecutive months without losing their EU long-term resident status. In case of longer absences, Member States should establish a facilitated procedure for the re-acquisition of the EU long-term resident status.deleted
2022/12/08
Committee: LIBE
Amendment 172 #
Proposal for a directive
Recital 18
(18) In order to constitute a genuine instrument for the integration of EU long- term residents into the society in which they live,t is up to each Member State to decide whether EU long-term residents should enjoy equality of treatment with citizens of the Member State in a wide range of economic and social matters, under the relevant conditions defined by this Directive.
2022/12/08
Committee: LIBE
Amendment 178 #
Proposal for a directive
Recital 22
(22) EU long-term residents should not enjoy reinforced protection against decisions ending their legal stay . Member States should provide for effective legal redress against such decisions .
2022/12/08
Committee: LIBE
Amendment 180 #
Proposal for a directive
Recital 23
(23) Decisions ending the legal stay of EU long-term residents should notmay be founded on economic considerations.
2022/12/08
Committee: LIBE
Amendment 181 #
Proposal for a directive
Recital 24
(24) Where a Member State intends to end the legal stay , on a ground provided for in this Directive, of a beneficiary of international protection who has acquired EU long-term resident status in that Member State, and refoule him/her, that person should enjoy the protection against refoulement guaranteed under Directive 2011/95/EU and under Article 33 of the Geneva Convention. For that purpose, where the person enjoys international protection in a Member State other than the one in which that person is currently residing as a long-term resident, it is necessary to provide, unless refoulement is permitted under Directive 2011/95/EU, that that person may be required to go only to the Member State which granted international protection and that that Member State is obliged to take back that person. The same safeguards should apply to a beneficiary of international protection who has taken up residence but has not yet obtained EU long-term resident status in a second Member State.deleted
2022/12/08
Committee: LIBE
Amendment 184 #
Proposal for a directive
Recital 25
(25) Where tThe refoulement of a beneficiary of international protection outside the territory of the Union is permitted under Directive 2011/95/EU Member States should be obliged to ensure that all information is obtained from relevant sources, including, where appropriate, from the Member State that granted international protection, and that it is thoroughly assessed with a view to guaranteeing that the decision to refoule that beneficiary is in accordance with Article 4 and Article 19(2) of the Charter of Fundamental Rights of the European Unionshould be facilitated, if necessary by cooperation between Member States.
2022/12/08
Committee: LIBE
Amendment 186 #
Proposal for a directive
Recital 26
(26) In order to promote better integration of EU long-term residents, rules on favourable conditions forEU long-term resident status shall prohibit family reunification and access to w, which is a majork for spouses should be introduced. Thus specific derogations from Council Directive 2003/86/EC should be provided for. Family reunification should not be subject to conditions relating to integration, as EU long-term residents and their families are deemed to be integrated in the host societyactor in the rising tide of migration and undermines unity and cohesion in the European Union.
2022/12/08
Committee: LIBE
Amendment 191 #
Proposal for a directive
Recital 27
(27) As family life should be respected and its protection is an essential element of the integration of EU long-term residents, children of EU long-term residents who are born or adopted in the territory of the EU Member State having issued to the latter the EU long-term residence permit should acquire the EU long-term resident status in that Member State automatically, in particular without being subject to the requirement of prior residence.deleted
2022/12/08
Committee: LIBE
Amendment 197 #
Proposal for a directive
Recital 28
(28) Harmonisation of the terms of acquisition of the EU long-term resident status promotes mutual confidence between Member States. However, tThis Directive should be without prejudice to the right of Member States to refuse to issue residence permits of permanent or unlimited validity other than the EU long- term residence permit. Such national residence permits, if awarded, should not confer the right to reside in other Member States without their approval.
2022/12/08
Committee: LIBE
Amendment 198 #
Proposal for a directive
Recital 29
(29) Member States shouldall remain free to ensure a level playing field between EU long-term residence permits and national residence permits of permanent or unlimited validity, in terms of procedural and equal treatment rights, procedures and access to information. In particular, Member States should ensure that the level of procedural safeguards and rights granted to EU long- term residents and their family members is not lower than the level of procedural safeguards and rights enjoyed by holders of national residence permits of permanent or unlimited validity. Member States should also ensurMember States may decide that applicants for an EU long-term residence permit are not required to pay higher fees for the processing of their application than applicants for national residence permits. Finally, Member States should engage in the same level of information, promotion and advertisement activities with respect to the EU long-term residence permit as they do for national residence permits of permanent or unlimited validity, for example with regard to information on national websites on legal migration and information campaigns, and training programmes provided to the competent migration authorities.
2022/12/08
Committee: LIBE
Amendment 203 #
Proposal for a directive
Recital 30
(30) Residence of EU long-term residents in other Member States should be facilitated. Establishing the conditions subject to which the right to reside in another Member State may be acquired by third-country nationals who are EU long- term residents should contribute to the effective attainment of an internal market as an area in which the free movement of persons is ensured. The occupational and geographical mobility of third-country nationals who are already EU long-term residents in one Member State should be recognised as an important contributor to improving labour market efficiency across the Union, to addressing skills shortages and to offsetting regional imbalances.deleted
2022/12/08
Committee: LIBE
Amendment 206 #
Proposal for a directive
Recital 31
(31) In view of the right of beneficiaries of international protection to reside in Member States other than the one which granted them international protection, it is necessary to ensure that those other Member States are informed of the protection background of the persons concerned to enable them to comply with their obligations regarding the principle of non-Member States other than the one which granted them international protection shall be entitled to engage in refoulement.
2022/12/08
Committee: LIBE
Amendment 207 #
Proposal for a directive
Recital 33
(33) Provision should be made that the right of residence in another Member State may be exercised in order to work in an employed or self-employed capacity, to study or even to settle without exercising any form of economic activity.deleted
2022/12/08
Committee: LIBE
Amendment 209 #
Proposal for a directive
Recital 34
(34) In order to facilitaterestrict the intra-EU mobility of EU long-term residents for the exercise of an economic activity in an employed or self-employed capacity, no, a check of the labour market situation should be carried out when examining applications for residence in a second Member State.
2022/12/08
Committee: LIBE
Amendment 210 #
Proposal for a directive
Recital 35
(35) As soon as an EU long-term resident submits a complete application for residence in a second Member State within the deadline provided for in this Directive, it should be possible for that Member State to allow the EU long-term resident to begin employment or study. EU long-term residents should be entitled to begin employment or study at the latest 30 days after submitting the application for residence in the second Member StateEach Member State shall remain sovereign in matters of asylum policy, residence or labour law.
2022/12/08
Committee: LIBE
Amendment 213 #
Proposal for a directive
Recital 36
(36) Where EU long-term residents intend to apply for residence in a second Member State in order to exercise a regulated profession, their professional qualifications should not be recognised in the same way as those of Union citizens exercising the right to free movement, in accordance with Directive 2005/36/EC and other applicable Union and national law.
2022/12/08
Committee: LIBE
Amendment 216 #
Proposal for a directive
Recital 37
(37) Family members should also be able to settle in a second Member State with an EU long-term resident in order to preserve family unity and to avoid hindering the exercise of the EU long- term resident’s right of residence. With regard to the family members who may be authorised to accompany or to join the EU long-term residents, Member States should pay special attention to the situation of disabled adult children and of first-degree relatives in the direct ascending line who are dependent on them.deleted
2022/12/08
Committee: LIBE
Amendment 220 #
Proposal for a directive
Recital 39
(39) To avoid rendering the right of residence nugatory, EU long-term residents should enjoy in the second Member State the same treatment, under the conditions defined by this Directive, they enjoy in the Member State in which they acquired the status. Thhe possible granting of benefits under social assistance is without prejudice to the possibility for the Member States to withdraw the residence permit if the person concerned no longer fulfils the requirements set by this Directive.
2022/12/08
Committee: LIBE
Amendment 225 #
Proposal for a directive
Recital 42
(42) Since the objectives of this Directive , namely the determination of terms for conferring and withdrawing EU long-term resident status and the rights pertaining thereto and terms for the exercise of rights of residence by EU long-term residents in other Member States, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the action, be better achieved by the Union , the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union . In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary to achieve those objectives.deleted
2022/12/08
Committee: LIBE
Amendment 235 #
Proposal for a directive
Article 4 – paragraph 1
1. Notwithstanding paragraph 3 of this article, Member States shallmay grant EU long- term resident status to third-country nationals who have resided legally and continuously within its territory for five years immediately prior to the submission of the relevant application.
2022/12/08
Committee: LIBE
Amendment 243 #
Proposal for a directive
Article 4 – paragraph 3
3. Member States shall allow third- country nationals to cumulate periods of residence in different Member States in order to fulfil the requirement concerning the duration of residence, provided that they have accumulated two years of legal and continuous residence within the territory of the Member State where the application for EU long-term resident status is submitted immediately prior to the submission of the application. For the purpose of cumulating periods of residence in different Member States, Member States shall not take into account periods of residence as a holder of a residence permit granted on the basis of any kind of investment in another Member State.deleted
2022/12/08
Committee: LIBE
Amendment 252 #
Proposal for a directive
Article 4 – paragraph 6 – subparagraph 1
Periods of absence from the territory of the Member State concerned shall notmay interrupt the period referred to in paragraph 1 and shall be taken into account for its calculation where they are shorter than six consecutive months and do not exceed in total 10 months within the period referred to in paragraph 1.
2022/12/08
Committee: LIBE
Amendment 261 #
Proposal for a directive
Article 5 – paragraph 2
2. For the purpose of paragraph 1, point (a), Member States shall evaluate the stable and regular resources by reference to their nature and regularity and may take into account the level of minimum wages and pensions prior to the application for long-term resident status. Member States may indicate a certain sum as a reference amount, butand they may not impose a minimum income level, below which all applications for EU long-term resident status would be refused, irrespective of an actual examination of the situation of each applicant.
2022/12/08
Committee: LIBE
Amendment 268 #
Proposal for a directive
Article 5 – paragraph 4
4. Where Member States issue national residence permits in accordance with Article 14, they shall notmay require EU long- term resident permit applicants to comply with stricter resources and integration conditions than those imposed on applicants for such national residence permits.
2022/12/08
Committee: LIBE
Amendment 274 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2
When taking the relevant decision, the Member State shall consider the severity or type of offence against public policy or public security, or the danger that emanates from the person concerned, while also having proper regard to the duration of residence and to the existence of links with the country of residence.deleted
2022/12/08
Committee: LIBE
Amendment 278 #
Proposal for a directive
Article 6 – paragraph 2
2. The refusal referred to in paragraph 1 shall notmay be founded on economic considerations.
2022/12/08
Committee: LIBE
Amendment 289 #
Proposal for a directive
Article 7 – paragraph 4
4. Where an application for an EU long-term resident permit concerns a third- country national who holds a national residence permit issued by the same Member State in accordance with Article 14, that Member State shall notmay require the applicant to give evidence of the conditions provided for in Article 5(1) and (2), even if the compliance with those conditions was already verified in the context of the application for the national residence permit.
2022/12/08
Committee: LIBE
Amendment 292 #
Proposal for a directive
Article 8 – paragraph 2
2. Member States shall issue an EU long-term residence permit to EU long- term residents. The permit shall be valid at least for five years; it shall, upon application if required, be automatically renewable on expiry be renewable on expiry at the Member States’ discretion.
2022/12/08
Committee: LIBE
Amendment 293 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 2
Before the second Member State enters the remark referred to in paragraph 4, it shall request the Member State mentioned in that remark to provide information as to whether the EU long-term resident is still a beneficiary of international protection. The Member State mentioned in the remark shall reply no later than one month after receiving the request for information. Where international protection has been withdrawn by a final decision, the second Member State shall not enter that remark.deleted
2022/12/08
Committee: LIBE
Amendment 296 #
Proposal for a directive
Article 9 – paragraph 1 – point b
(b) adoption of a decision ending the legal stay under the conditions provided for in Article 13the national law of the relevant Member State;
2022/12/08
Committee: LIBE
Amendment 299 #
Proposal for a directive
Article 9 – paragraph 1 – point c
(c) in the event of absence from the territory of the Union for a period of 24two consecutive months.
2022/12/08
Committee: LIBE
Amendment 301 #
2. By way of derogation from paragraph 1, point (c), Member States may provide that absences for specific or exceptional reasons exceeding 24 consecutive months shall not entail withdrawal or loss of status.deleted
2022/12/08
Committee: LIBE
Amendment 307 #
Proposal for a directive
Article 9 – paragraph 3
3. Member States may provide that the EU long-term resident shall no longer be entitled to maintain his/her EU long- term resident status in cases where he/she constitutes a threat to public policy, in consideration of the seriousness of the offences he/she committed, but such threat is not a reason for ending his/her legal stay within the meaning of Article 13.
2022/12/08
Committee: LIBE
Amendment 311 #
Proposal for a directive
Article 9 – paragraph 5 – subparagraph 2
In any case after six yearmonths of absence from the territory of the Member State that granted EU long-term resident status the person concerned shall no longer be entitled to maintain his/her EU long term resident status in the said Member State.
2022/12/08
Committee: LIBE
Amendment 316 #
Proposal for a directive
Article 9 – paragraph 6 – subparagraph 3
Member States shall notmay require third- country nationals who apply for the re- acquisition of the EU long-term resident status to comply with integrassimilation conditions.
2022/12/08
Committee: LIBE
Amendment 317 #
Proposal for a directive
Article 9 – paragraph 7
7. The expiry of an EU long-term residence permit shall in noautomatically cause entailthe withdrawal or loss of EU long-term resident status.
2022/12/08
Committee: LIBE
Amendment 318 #
Proposal for a directive
Article 9 – paragraph 8
8. Where the withdrawal or loss of EU long-term resident status does not lead to the ending of the legal stay , the Member State shall authorise the person concerned to remain in its territory if he/she fulfils the conditions provided for in its national legislation and/or if he/she does not constitute a threat to public policy or public security.deleted
2022/12/08
Committee: LIBE
Amendment 320 #
Proposal for a directive
Article 10 – paragraph 1
1. Reasons shall be givenIt shall not be mandatory to give reasons for any decision rejecting an application for EU long-term resident status or withdrawing that status. Any such decision shall be notified to the third-country national concerned in accordance with the notification procedures under the relevant national legislation. The notification shall specify the possible redress procedures available and the time limit for taking action.
2022/12/08
Committee: LIBE
Amendment 322 #
Proposal for a directive
Article 10 – paragraph 2
2. Where an application for EU long- term resident status is rejected or that status is withdrawn or lost or the residence permit is not renewed, the person concerned shall not have the right to mount a legal challenge in the Member State concerned.
2022/12/08
Committee: LIBE
Amendment 326 #
Proposal for a directive
Article 12 – paragraph 1 – introductory part
1. EU long-term residents shallmay possibly enjoy equal treatment with nationals as regards:
2022/12/08
Committee: LIBE
Amendment 332 #
Proposal for a directive
Article 12 – paragraph 1 – point d
(d) branches of social security referred to in Article 3 of Regulation (EC) No 883/2004 of the European Parliament and of the Council40, and social assistance and social protection as defined by national law; _________________ 40 Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ L 166, 30.4.2004, p. 1).deleted
2022/12/08
Committee: LIBE
Amendment 345 #
Proposal for a directive
Article 13 – paragraph 2
2. The decision referred to in paragraph 1 shall notmay be based on economic considerations.
2022/12/08
Committee: LIBE
Amendment 346 #
Proposal for a directive
Article 13 – paragraph 3 – introductory part
3. Before taking a decision to end the legal stay of an EU long-term resident, Member States shall have regard tomay possibly take the following factors into account:
2022/12/08
Committee: LIBE
Amendment 347 #
Proposal for a directive
Article 13 – paragraph 3 – introductory part
3. Before taking a decision to end the legal stay of an EU long-term resident, Member States shall have regard tomay possibly take the following factors into account:
2022/12/08
Committee: LIBE
Amendment 349 #
(c) the consequences for the person concerned and family members;deleted
2022/12/08
Committee: LIBE
Amendment 357 #
Proposal for a directive
Article 13 – paragraph 8
8. Legal aid shall be given to EU long-term residents lacking adequate resources, on the same terms that apply to nationals of the State where they reside.deleted
2022/12/08
Committee: LIBE
Amendment 359 #
Proposal for a directive
Article 15
1. resident who are born or adopted in the territory of the Member State that issued him/her the EU long-term residence permit shall acquire EU long-term resident status automatically, without being subject to the conditions set out in Articles 4 and 5. The EU long-term resident shall lodge an application with the competent authorities of the Member State in which he/she resides to obtain the EU long-term resident permit for his/her child. 2. 4(1), third subparagraph, and from Article 7(2), first subparagraph, of Directive 2003/86/EC, the integration conditions and measures referred to therein may be applied, but only after the persons concerned have been granted family reunification. 3. 5(4), first subparagraph, of Directive 2003/86/EC, where the conditions for family reunification are fulfilled, the decision shall be adopted and notified as soon as possible but not later than 90 days after the date of submission of the application for family reunification. Article 7(2) and Article 10 of this Directive shall apply accordingly. 4. 14(2) of Directive 2003/86/EC, Member States shall not examine the situation of their labour market. 5. Where Member States issue national residence permits in accordance with Article 14, they shall grant family members of EU long-term residents the same rights as those granted to family members of holders of such national residence permits where such rights are more favourable than those provided for in paragraphs 1 to 4 of thisArticle 15 deleted Family members The children of an EU long-term By way of derogation from Article By way of derogation from Article By way of derogation from Article.
2022/12/08
Committee: LIBE
Amendment 402 #
2. The decision referred to in paragraph 1 shall not be based on economic considerations.deleted
2022/12/08
Committee: LIBE
Amendment 437 #
Proposal for a directive
Article 28
Report and rendez-vous clause Periodically, and for the first time no later than [two years following the end of the transposition period] , the Commission shall report to the European Parliament and to the Council on the application of this Directive in the Member States and shall propose any amendments that it considers to be necessary. These proposals for amendments , where necessary, shall be made by way of priority in relation to Articles 4, 5, 9, 12 and to Chapter III. In the aforementioned report, the Commission shall specifically assess the impacts of the required residence period set out in Article 4(1) on the integration of third-country nationals, including the possible benefits of reducing this period, taking into account, inter alia, the different factors relevant for the integration of third-country nationals across Member States.Article 28 deleted
2022/12/08
Committee: LIBE
Amendment 439 #
Proposal for a directive
Article 29 – paragraph 1
Member States shall appoint contact points who will be responsible for receiving and transmitting the information and documentation referred to in Articles 8, 9, 13, 21, 22, 25 and 26.deleted
2022/12/08
Committee: LIBE