Activities of Jean LAMBERT related to 2013/0081(COD)
Plenary speeches (2)
Conditions of entry and residence[nbsp ]of third-country nationals (debate)
Conditions of entry and residence[nbsp ]of third-country nationals (debate)
Shadow reports (1)
RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of 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, training, voluntary service, pupil exchange schemes or educational projects and au pairing (recast) PDF (436 KB) DOC (80 KB)
Shadow opinions (1)
OPINION 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
Amendments (24)
Amendment 79 #
Proposal for a directive
Recital 11
Recital 11
(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 81 #
Proposal for a directive
Recital 12
Recital 12
(12) Where appropriate, Member States should be encouraged to treat PhD candidates as researchers and pupils in secondary school for vocational training as students.
Amendment 84 #
Proposal for a directive
Recital 28
Recital 28
(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 or public health.
Amendment 93 #
Proposal for a directive
Recital 36
Recital 36
(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. Other groups covered by this Directive should also be entitled to equal treatment with nationals in regard to social security entitlement. 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.
Amendment 96 #
Proposal for a directive
Article 3 – point g
Article 3 – point g
(g) ‘volunteer’ means a third-country national admitted to the territory of a Member State to participate in a recognised voluntary service scheme, carrying out activities which are undertaken voluntarily on the basis of a person's own free choice and motivation, and without concern for financial gain and for a cause where the primary purpose is not profit, which benefit volunteers, those receiving services from a volunteer association, communities and society as a whole;
Amendment 98 #
Proposal for a directive
Article 3 –– point i
Article 3 –– point i
(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/or taking care of children in order to improve his/her linguistic skills and his/her knowledge of the host country;
Amendment 103 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
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.
Amendment 104 #
Proposal for a directive
Article 6 – point c
Article 6 – point c
(c) have sickness insurance for allthe risks normally covered for nationals of the Member State concerned;
Amendment 105 #
Proposal for a directive
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(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 is in receipt of a grant or scholarship, if she/he has received an undertaking of sponsorship from a host family, a firm offer of work, or an offer from an organisation operating pupil exchanges or a volunteering provider;
Amendment 107 #
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Member States may acceptshall examine, in accordance with their national legislation, an application submitted when the third- country national concerned is already in their territory.
Amendment 113 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point b
Article 12 – paragraph 1 – subparagraph 1 – point b
Amendment 119 #
Proposal for a directive
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
Amendment 124 #
Proposal for a directive
Article 14 – point a
Article 14 – point a
(a) be at least 17 but not more than 30 or, except in individually justified cases, more than 30 years of age;
Amendment 129 #
Proposal for a directive
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
Member States shallmay reject an application in the following cases :
Amendment 135 #
Proposal for a directive
Article 19 – paragraph 1 – point d
Article 19 – paragraph 1 – point d
(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 136 #
Proposal for a directive
Article 19 – paragraph 1 – point f
Article 19 – paragraph 1 – point f
(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 137 #
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Member States may withdraw an authorisation for reasons of public policy, or public security or public health.
Amendment 138 #
Proposal for a directive
Article 20 – paragraph 1 – point c
Article 20 – paragraph 1 – point c
(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 139 #
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
1. By way of derogation from Article 12(2)(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 branches of social security, including family benefits, as defined in Regulation No 883/2004 on the coordination of social security schemes.
Amendment 141 #
Proposal for a directive
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
1a. Volunteers, remunerated and unremunerated trainees and au pairs, irrespective of whether they are allowed to work or not in accordance with Union or national law, shall be entitled to equal treatment with nationals of the host Member States as regards branches of social security as defined in Regulation 883/04 on the co-ordination of social security schemes.
Amendment 148 #
Proposal for a directive
Article 25 – title
Article 25 – title
Researchers' and students' family members
Amendment 149 #
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
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.
Amendment 150 #
Proposal for a directive
Article 25 – paragraph 3
Article 25 – paragraph 3
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.
Amendment 151 #
Proposal for a directive
Article 25 – paragraph 4
Article 25 – paragraph 4
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.