Activities of Sari ESSAYAH related to 2013/0081(COD)
Plenary speeches (1)
Conditions of entry and residence[nbsp ]of third-country nationals (debate)
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 (42)
Amendment 38 #
Proposal for a directive
Recital 2
Recital 2
(2) This Directive should respond to the need identified in the implementation 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.
Amendment 43 #
Proposal for a directive
Recital 8
Recital 8
(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 knowledge and technology circulate freely.
Amendment 54 #
Proposal for a directive
Recital 30
Recital 30
(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 690 days, or, as soon as possible and at the latest within 3045 days in the case of researchers and students covered by Union programmes including mobility measures, starting from the date of the application.
Amendment 64 #
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. TSome of 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 latterCurrently Directive 2011/98/EU 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 cshould affectlso apply to 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.
Amendment 70 #
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 78 #
Proposal for a directive
Recital 9
Recital 9
(9) It is appropriate to facilitate the admission of researchers through an admission procedure which does not depend on their legal relationship with the host research organisation and by no longer requiring a work permit in addition to a residence permit or a long-stay visa. This procedure should be based on collaboration between research organisations and the immigration authorities in the Member States. It should give the former a key role in the admission procedure with a view to facilitating and speeding up the entry and residence of third-country researchers in the Union while preserving Member States' prerogatives with respect to immigration policy. Research organisations approved in advance by the Member States should be able to sign a hosting agreement including where appropriate an employment contract with a third-country national for the purposes of carrying out a research project. Member States should issue an authorisation on the basis of the hosting agreement if the conditions for entry and residence are met.
Amendment 82 #
Proposal for a directive
Recital 12
Recital 12
(12) Where appropriate, Member States should be encouraged to treat PhD candidates as researchers, but the Member States may also consider other educational degrees or practical experience as adequate for the specific research purposes.
Amendment 85 #
Proposal for a directive
Recital 30
Recital 30
(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 690 days, or, as soon as possible and at the latest within 3045 days in the case of researchers and students covered by Union programmes including mobility measures, starting from the date of the application.
Amendment 88 #
Proposal for a directive
Recital 33
Recital 33
(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 210 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.
Amendment 92 #
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. TSome of 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 latterCurrently Directive 2011/98/EU 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 cshould affectlso apply to 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.
Amendment 94 #
Proposal for a directive
Article 3 – point e
Article 3 – point e
(e) ‘unremunerated trainee’ means a third- country national who has been admitted to the territory of a Member State for a training period without remuneration as a part of his/her education in accordance with the national legislation of the Member State concerned ;
Amendment 95 #
Proposal for a directive
Article 3 – point f
Article 3 – point f
(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 and/or applicable collective agreement in the Member State;
Amendment 97 #
Proposal for a directive
Article 3 – point i
Article 3 – point i
(i) ‘au pair’ means a young third-country national who is temporarilyfor a defined period of time received by a host 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 100 #
Proposal for a directive
Article 3 – point m
Article 3 – point m
(m) ‘remuneration’ means the payment, whatever form it takes, received in consideration for the services performed and being considered under national legislation or established practiceand/or applicable collective agreement as a constituent element of an employment relationship;
Amendment 101 #
Proposal for a directive
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) bilateral or multilateral agreements concluded between one or more Member States and one or more third countries.
Amendment 102 #
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 105 #
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, tThird- 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 (EC) No 883/2004 on the coordination of social security schemes in accordance with Article 12(2)(b) of Directive 2011/98/EU.
Amendment 106 #
Proposal for a directive
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) present a hosting agreement signed with a research organisation in accordance with Article 9(1) and Article 9(2) and an employment contract where according to national legislation there exists an employment relationship or a certificate of scholarship;
Amendment 110 #
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 2 – point e
Article 9 – paragraph 1 – subparagraph 2 – point e
(e) information on the legal or employment relationship between the research organisation and the researcher;
Amendment 111 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point a
Article 12 – paragraph 1 – subparagraph 1 – point a
(a) as a part of his/her education 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.
Amendment 114 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point b
Article 12 – paragraph 1 – subparagraph 1 – point b
(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 that the training period is a part of his/her education in an educational establishment in the country of his/her origin.
Amendment 116 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
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 118 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Member States may require the host entity to declare thatconsider the actual need for labor force and consider whether the third country national is not filling a job or whether there are enough training posts for home country nationals.
Amendment 121 #
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
A Member State may consider whether the volunteer work is genuine or whether it has negative effects on the labour markets.
Amendment 122 #
Proposal for a directive
Article 14 – point a
Article 14 – point a
(a) be at least 178 but not more than 30 or, except in individually justified cases, more than 30 years of age and may not be a relative to the host family;
Amendment 125 #
Proposal for a directive
Article 14 – point b
Article 14 – point b
(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;
Amendment 127 #
Proposal for a directive
Article 14 – point c
Article 14 – point c
(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 or requiring him/her to attend courses, and participation in day-to-day family duties.
Amendment 128 #
Proposal for a directive
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
The Member State may take other issues in 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 130 #
Proposal for a directive
Article 18 – paragraph 1 – point c
Article 18 – paragraph 1 – point c
(c) where the host entity or educational establishment was establishedis acting in the sole purpose of facilitating entry;
Amendment 131 #
Proposal for a directive
Article 18 – paragraph 1 – point c a (new)
Article 18 – paragraph 1 – point c a (new)
(ca) there are other grave reasons to suspect that the host entity or educational establishment acts fraudulently;
Amendment 132 #
Proposal for a directive
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
Member States shall withdraw an authorisationmay withdraw or refuse to renew a residence permit issued on the basis of this Directive when it has been fraudulently acquired or wherever it appears that the holder did not meet or no longer meets the conditions for entry and residence provided by articles 6 and other relevant articles of this Directive or is residing for purposes other than that for which he/she was authorised to reside, especially in the following cases :
Amendment 134 #
Proposal for a directive
Article 19 – paragraph 1 – point c
Article 19 – paragraph 1 – point c
(c) where the host entity was establishedis acting for the sole purpose of facilitating entry;
Amendment 140 #
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, tThird- 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 in accordance with Article 12(2)(b) of Directive 2011/98/EU.
Amendment 143 #
Proposal for a directive
Article 23 – paragraph 3
Article 23 – paragraph 3
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 210 hours per week, or the equivalent in days or months per year.
Amendment 144 #
Proposal for a directive
Article 24
Article 24
Amendment 146 #
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1 (new)
Article 24 – paragraph 1 – subparagraph 1 (new)
Member States may require the business founded by the third country national to fulfill certain conditions in order to ascertain that it is a genuine enterprise.
Amendment 151 #
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
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 690 days from the date on which the application was lodged, and within 3045 days in the case of third-country national researchers and students covered by Union programmes including mobility measures.
Amendment 153 #
Proposal for a directive
Article 26 – paragraph 1 – subparagraph 1
Article 26 – paragraph 1 – subparagraph 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 during the period of the long-term visa and residence permit under the conditions as set out in this Article.
Amendment 154 #
Proposal for a directive
Article 26 – paragraph 1 – subparagraph 2
Article 26 – paragraph 1 – subparagraph 2
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 considered as a threat to public policy, public security or public health in the second Member State. The researcher needs to spend at least one month in the first Member State before moving to stay in another Member State for research. The research establishment of the first Member State carries no responsibility concerning the researcher while she/he is in the other Member State if not otherwise agreed. If the hosting or employment contract in the first Member State does not include or is not appropriate for the stay in the other Member State, a new contract should be agreed, possibly also with a receiving research establishment in the second Member State. Normally the second Member State should just be notified of the entry of the researcher, but if the other Member State refuses to allow his/her stay, the researcher is to travel back to the first Member State on his/her own cost, if not otherwise agreed.
Amendment 157 #
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
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 690 days from the date on which the application was lodged, and within 3045 days in the case of third-country national researchers and students covered by Union programmes including mobility measures.
Amendment 158 #
Proposal for a directive
Article 35 – paragraph 1 – subparagraph 1
Article 35 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [twohree years after the entry into force] at the latest. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 163 #
Proposal for a directive
Article 35 – paragraph 1 – subparagraph 1
Article 35 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [twohree years after the entry into force] at the latest. They shall forthwith communicate to the Commission the text of those provisions.