{"change_dates":[],"dossier":{"amendments":[{"authors":"Sari Essayah","changes":{},"committee":["EMPL"],"date":"2013-09-16T00:00:00","id":"PE519.478-78","location":[["Proposal for a directive","Recital 9"]],"meps":[96682],"meta":{"created":"2019-07-03T05:22:22"},"new":["(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."],"old":["(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 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."],"orig_lang":"en","peid":"PE519.478v01-00","reference":"2013/0081(COD)","seq":"78","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.478+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jean Lambert on behalf of the Greens/EFA Group","changes":{},"committee":["EMPL"],"date":"2013-09-16T00:00:00","id":"PE519.478-79","location":[["Proposal for a directive","Recital 11"]],"meps":[4531],"meta":{"created":"2019-07-03T05:22:22"},"new":["(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."],"old":["(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."],"orig_lang":"en","peid":"PE519.478v01-00","reference":"2013/0081(COD)","seq":"79","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.478+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Nadja Hirsch","changes":{},"committee":["EMPL"],"date":"2013-09-16T00:00:00","id":"PE519.478-80","location":[[" Proposal for a directive","Recital 11"]],"meps":[96872],"meta":{"created":"2019-07-03T05:22:22"},"new":["(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. Furthermore,","Member States should consider","establishing information centres in the","third countries as well as on their","territory, in which researchers, students,","interns and au-pairs could easily obtain","all information related to their rights with","regards to access to the labour market,","social insurance and residence permits."],"old":["(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."],"orig_lang":"en","peid":"PE519.478v01-00","reference":"2013/0081(COD)","seq":"80","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.478+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jean Lambert on behalf of the Greens/EFA Group","changes":{},"committee":["EMPL"],"date":"2013-09-16T00:00:00","id":"PE519.478-81","location":[["Proposal for a directive","Recital 12"]],"meps":[4531],"meta":{"created":"2019-07-03T05:22:22"},"new":["(12) Where appropriate, Member States","should treat PhD candidates as researchers","and pupils in secondary school for","vocational training as students."],"old":["(12) Where appropriate, Member States","should be encouraged to treat PhD","candidates as researchers."],"orig_lang":"en","peid":"PE519.478v01-00","reference":"2013/0081(COD)","seq":"81","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.478+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sari Essayah","changes":{},"committee":["EMPL"],"date":"2013-09-16T00:00:00","id":"PE519.478-82","location":[["Proposal for a directive","Recital 12"]],"meps":[96682],"meta":{"created":"2019-07-03T05:22:23"},"new":["(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."],"old":["(12) Where appropriate, Member States","should be encouraged to treat PhD","candidates as researchers."],"orig_lang":"en","peid":"PE519.478v01-00","reference":"2013/0081(COD)","seq":"82","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.478+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Nadja Hirsch","changes":{},"committee":["EMPL"],"date":"2013-09-16T00:00:00","id":"PE519.478-83","location":[["Proposal for a directive","Recital 25"]],"meps":[96872],"meta":{"created":"2019-07-03T05:22:23"},"new":["(25) Member States may charge applicants","for processing applications for","authorisations. The fees should be","proportionate to the purpose of the stay in","order to underline the welcome attitude","and to avoid any deterring effects."],"old":["(25) Member States may charge applicants","for processing applications for","","authorisations. The fees should be","proportionate to the purpose of the stay."],"orig_lang":"en","peid":"PE519.478v01-00","reference":"2013/0081(COD)","seq":"83","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.478+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jean Lambert on behalf of the Greens/EFA Group","changes":{},"committee":["EMPL"],"date":"2013-09-16T00:00:00","id":"PE519.478-84","location":[[" Proposal for a directive","Recital 28"]],"meps":[4531],"meta":{"created":"2019-07-03T05:22:23"},"new":["(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."],"old":["(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."],"orig_lang":"en","peid":"PE519.478v01-00","reference":"2013/0081(COD)","seq":"84","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.478+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sari Essayah","changes":{},"committee":["EMPL"],"date":"2013-09-16T00:00:00","id":"PE519.478-85","location":[[" Proposal for a directive","Recital 30"]],"meps":[96682],"meta":{"created":"2019-07-03T05:22:23"},"new":["(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."],"old":["(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."],"orig_lang":"en","peid":"PE519.478v01-00","reference":"2013/0081(COD)","seq":"85","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.478+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Nadja Hirsch","changes":{},"committee":["EMPL"],"date":"2013-09-16T00:00:00","id":"PE519.478-86","location":[["Proposal for a directive","Recital 31"]],"meps":[96872],"meta":{"created":"2019-07-03T05:22:23"},"new":["(31) The intra-Union mobility of third-","country national researchers, students,","remunerated and unremunerated 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]."],"old":["(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]."],"orig_lang":"en","peid":"PE519.478v01-00","reference":"2013/0081(COD)","seq":"86","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.478+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Nadja Hirsch","changes":{},"committee":["EMPL"],"date":"2013-09-16T00:00:00","id":"PE519.478-87","location":[["Proposal for a directive","Recital 33"]],"meps":[96872],"meta":{"created":"2019-07-03T05:22:23"},"new":["(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."],"old":["(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."],"orig_lang":"en","peid":"PE519.478v01-00","reference":"2013/0081(COD)","seq":"87","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.478+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sari Essayah","changes":{},"committee":["EMPL"],"date":"2013-09-16T00:00:00","id":"PE519.478-88","location":[[" Proposal for a directive","Recital 33"]],"meps":[96682],"meta":{"created":"2019-07-03T05:22:23"},"new":["(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 10 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."],"old":["(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."],"orig_lang":"en","peid":"PE519.478v01-00","reference":"2013/0081(COD)","seq":"88","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.478+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Nadja Hirsch","changes":{},"committee":["EMPL"],"date":"2013-09-16T00:00:00","id":"PE519.478-89","location":[["Proposal for a directive","Recital 34"]],"meps":[96872],"meta":{"created":"2019-07-03T05:22:23"},"new":["(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 at","least 18 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."],"old":["(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."],"orig_lang":"en","peid":"PE519.478v01-00","reference":"2013/0081(COD)","seq":"89","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.478+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Emer Costello","changes":{},"committee":["EMPL"],"date":"2013-09-16T00:00:00","id":"PE519.478-90","location":[["Proposal for a directive","Recital 34"]],"meps":[112071],"meta":{"created":"2019-07-03T05:22:23"},"new":["(34) In order to enhance the","attractiveness of Member States as a","destination for study, and 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."],"old":["(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."],"orig_lang":"en","peid":"PE519.478v01-00","reference":"2013/0081(COD)","seq":"90","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.478+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Nadja Hirsch","changes":{},"committee":["EMPL"],"date":"2013-09-16T00:00:00","id":"PE519.478-91","location":[[" Proposal for a directive","Recital 35"]],"meps":[96872],"meta":{"created":"2019-07-03T05:22:23"},"new":["deleted"],"old":["(35) The provisions of this Directive are","without prejudice to the competence of the","Member States to regulate the volumes of","admission of third-country nationals for","the purpose of work."],"orig_lang":"en","peid":"PE519.478v01-00","reference":"2013/0081(COD)","seq":"91","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.478+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sari Essayah","changes":{},"committee":["EMPL"],"date":"2013-09-16T00:00:00","id":"PE519.478-92","location":[[" Proposal for a directive","Recital 36"]],"meps":[96682],"meta":{"created":"2019-07-03T05:22:23"},"new":["(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. Some 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. Currently","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 should also 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."],"old":["(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."],"orig_lang":"en","peid":"PE519.478v01-00","reference":"2013/0081(COD)","seq":"92","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.478+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jean Lambert on behalf of the Greens/EFA Group","changes":{},"committee":["EMPL"],"date":"2013-09-16T00:00:00","id":"PE519.478-93","location":[["Proposal for a directive","Recital 36"]],"meps":[4531],"meta":{"created":"2019-07-03T05:22:23"},"new":["(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."],"old":["(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."],"orig_lang":"en","peid":"PE519.478v01-00","reference":"2013/0081(COD)","seq":"93","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.478+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sari Essayah","changes":{},"committee":["EMPL"],"date":"2013-09-16T00:00:00","id":"PE519.478-94","location":[[" Proposal for a directive","Article 3 \u2013 point e"]],"meps":[96682],"meta":{"created":"2019-07-03T05:22:23"},"new":["(e) \u2018unremunerated trainee\u2019 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;"],"old":["(e) \u2018unremunerated trainee\u2019 means a third-","country national who has been admitted to","the territory of a Member State for a","training period without remuneration in","accordance with the national legislation of","the Member State concerned ;"],"orig_lang":"en","peid":"PE519.478v01-00","reference":"2013/0081(COD)","seq":"94","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.478+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sari Essayah","changes":{},"committee":["EMPL"],"date":"2013-09-16T00:00:00","id":"PE519.478-95","location":[["Proposal for a directive","Article 3 \u2013 point f"]],"meps":[96682],"meta":{"created":"2019-07-03T05:22:23"},"new":["(f) \u2018remunerated trainee\u2019 means a third-","country national who has been admitted to","the territory of a Member 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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."],"orig_lang":"en","peid":"PE519.478v01-00","reference":"2013/0081(COD)","seq":"147","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.478+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jean Lambert on behalf of the Greens/EFA Group","changes":{},"committee":["EMPL"],"date":"2013-09-16T00:00:00","id":"PE519.478-148","location":[["Proposal for a directive","Article 25 \u2013 title"]],"meps":[4531],"meta":{"created":"2019-07-03T05:22:27"},"new":["Researchers' and students' family","members"],"old":["Researchers' family members"],"orig_lang":"en","peid":"PE519.478v01-00","reference":"2013/0081(COD)","seq":"148","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.478+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jean Lambert on behalf of the Greens/EFA Group","changes":{},"committee":["EMPL"],"date":"2013-09-16T00:00:00","id":"PE519.478-149","location":[[" Proposal for a directive","Article 25 \u2013 paragraph 1"]],"meps":[4531],"meta":{"created":"2019-07-03T05:22:28"},"new":["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."],"old":["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."],"orig_lang":"en","peid":"PE519.478v01-00","reference":"2013/0081(COD)","seq":"149","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.478+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jean Lambert on behalf of the Greens/EFA Group","changes":{},"committee":["EMPL"],"date":"2013-09-16T00:00:00","id":"PE519.478-150","location":[[" Proposal for a directive","Article 25 \u2013 paragraph 3"]],"meps":[4531],"meta":{"created":"2019-07-03T05:22:28"},"new":["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."],"old":["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."],"orig_lang":"en","peid":"PE519.478v01-00","reference":"2013/0081(COD)","seq":"150","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.478+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jean Lambert on behalf of the Greens/EFA Group","changes":{},"committee":["EMPL"],"date":"2013-09-16T00:00:00","id":"PE519.478-151","location":[["Proposal for a directive","Article 25 \u2013 paragraph 4"]],"meps":[4531],"meta":{"created":"2019-07-03T05:22:28"},"new":["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."],"old":["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."],"orig_lang":"en","peid":"PE519.478v01-00","reference":"2013/0081(COD)","seq":"151","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.478+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Nadja Hirsch","changes":{},"committee":["EMPL"],"date":"2013-09-16T00:00:00","id":"PE519.478-152","location":[["Proposal for a directive","Article 26 \u2013 title"]],"meps":[96872],"meta":{"created":"2019-07-03T05:22:28"},"new":["Right to mobility between Member States","for researchers, students, remunerated and","unremunerated trainees."],"old":["Right to mobility between Member States","for researchers, students and remunerated","trainees"],"orig_lang":"en","peid":"PE519.478v01-00","reference":"2013/0081(COD)","seq":"152","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.478+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sari Essayah","changes":{},"committee":["EMPL"],"date":"2013-09-16T00:00:00","id":"PE519.478-153","location":[["Proposal for a directive","Article 26 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[96682],"meta":{"created":"2019-07-03T05:22:28"},"new":["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."],"old":["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."],"orig_lang":"en","peid":"PE519.478v01-00","reference":"2013/0081(COD)","seq":"153","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.478+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sari Essayah","changes":{},"committee":["EMPL"],"date":"2013-09-16T00:00:00","id":"PE519.478-154","location":[[" Proposal for a directive","Article 26 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[96682],"meta":{"created":"2019-07-03T05:22:28"},"new":["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."],"old":["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.",""],"orig_lang":"en","peid":"PE519.478v01-00","reference":"2013/0081(COD)","seq":"154","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.478+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Nadja Hirsch","changes":{},"committee":["EMPL"],"date":"2013-09-16T00:00:00","id":"PE519.478-155","location":[["Proposal for a directive","Article 26 \u2013 paragraph 2 \u2013 introductory part"]],"meps":[96872],"meta":{"created":"2019-07-03T05:22:28"},"new":["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 and","unremunerated 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:"],"old":["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:"],"orig_lang":"en","peid":"PE519.478v01-00","reference":"2013/0081(COD)","seq":"155","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.478+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Antigoni Papadopoulou","changes":{},"committee":["EMPL"],"date":"2013-09-16T00:00:00","id":"PE519.478-156","location":[["Proposal for a directive","Article 28 \u2013 paragraph 4 \u2013 subparagraph 1 \u2013 point b"]],"meps":[97050],"meta":{"created":"2019-07-03T05:22:28"},"new":["(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."],"old":["(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."],"orig_lang":"en","peid":"PE519.478v01-00","reference":"2013/0081(COD)","seq":"156","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.478+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sari Essayah","changes":{},"committee":["EMPL"],"date":"2013-09-16T00:00:00","id":"PE519.478-157","location":[[" Proposal for a directive","Article 29 \u2013 paragraph 1"]],"meps":[96682],"meta":{"created":"2019-07-03T05:22:28"},"new":["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 90 days","from the date on which the application was","lodged, and within 45 days in the case of","third-country national researchers and","students covered by Union programmes","including mobility measures."],"old":["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."],"orig_lang":"en","peid":"PE519.478v01-00","reference":"2013/0081(COD)","seq":"157","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.478+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sari Essayah","changes":{},"committee":["EMPL"],"date":"2013-09-16T00:00:00","id":"PE519.478-158","location":[[" Proposal for a directive","Article 35 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[96682],"meta":{"created":"2019-07-03T05:22:28"},"new":["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."],"old":["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."],"orig_lang":"en","peid":"PE519.478v01-00","reference":"2013/0081(COD)","seq":"158","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.478+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jean-Pierre Audy","changes":{},"committee":["JURI"],"date":"2013-09-04T00:00:00","id":"PE516.904-8","location":[["Proposal for a directive","Recital 12"]],"meps":[33775],"meta":{"created":"2019-07-03T05:49:25"},"new":["deleted"],"old":["(12) Where appropriate, Member States","should be encouraged to treat PhD","candidates as researchers."],"orig_lang":"fr","peid":"PE516.904v01-00","reference":"2013/0081(COD)","seq":"8","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-516.904+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jean-Pierre Audy","changes":{},"committee":["JURI"],"date":"2013-09-04T00:00:00","id":"PE516.904-9","location":[["Proposal for a directive","Recital 22"]],"meps":[33775],"meta":{"created":"2019-07-03T05:49:25"},"new":["(22) Once all the general and specific","conditions for admission are fulfilled,","Member States should issue an","authorisation to stay, 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."],"old":["(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."],"orig_lang":"fr","peid":"PE516.904v01-00","reference":"2013/0081(COD)","seq":"9","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-516.904+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jean-Pierre Audy","changes":{},"committee":["JURI"],"date":"2013-09-04T00:00:00","id":"PE516.904-10","location":[["Proposal for a directive","Article 3 \u2013 paragraph 1 \u2013 point g"]],"meps":[33775],"meta":{"created":"2019-07-03T05:49:25"},"new":["(g) \u2018volunteer\u2019 means a third-country","national admitted to the territory of a","Member State to participate in a recognised","voluntary service scheme of limited","duration;"],"old":["(g) \u2018volunteer\u2019 means a third-country","national admitted to the territory of a","Member State to participate in a recognised","voluntary service scheme;"],"orig_lang":"fr","peid":"PE516.904v01-00","reference":"2013/0081(COD)","seq":"10","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-516.904+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jean-Pierre Audy","changes":{},"committee":["JURI"],"date":"2013-09-04T00:00:00","id":"PE516.904-11","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 2"]],"meps":[33775],"meta":{"created":"2019-07-03T05:49:25"},"new":["2. Once all the general and specific","conditions for admission are fulfilled,","applicants shall be entitled to a temporary","residence permit. If a Member State issues","residence permits only on its territory and","not elsewhere and all the admission","conditions laid down in this Directive are","fulfilled, the Member State concerned shall","issue the third country national with the","requisite visa."],"old":["2. Once all the general and specific","conditions for admission are fulfilled,","applicants shall be entitled to a long-stay","visa and/or residence permit. If a Member","State issues residence permits only on its","territory and not elsewhere and all the","admission conditions laid down in this","Directive are fulfilled, the Member State","concerned shall issue the third country","national the requisite visa."],"orig_lang":"fr","peid":"PE516.904v01-00","reference":"2013/0081(COD)","seq":"11","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-516.904+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jean-Pierre Audy","changes":{},"committee":["JURI"],"date":"2013-09-04T00:00:00","id":"PE516.904-12","location":[[" Proposal for a directive","Article 13 \u2013 paragraph 1 \u2013 point a"]],"meps":[33775],"meta":{"created":"2019-07-03T05:49:25"},"new":["(a) produce an agreement, which must be","for a fixed period, 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;"],"old":["(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;"],"orig_lang":"fr","peid":"PE516.904v01-00","reference":"2013/0081(COD)","seq":"12","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-516.904+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jean-Pierre Audy","changes":{},"committee":["JURI"],"date":"2013-09-04T00:00:00","id":"PE516.904-13","location":[["Proposal for a directive","Article 14 \u2013 paragraph 1 \u2013 point c"]],"meps":[33775],"meta":{"created":"2019-07-03T05:49:25"},"new":["(c) produce an agreement, which must be","for a fixed period, 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."],"old":["(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."],"orig_lang":"fr","peid":"PE516.904v01-00","reference":"2013/0081(COD)","seq":"13","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-516.904+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jean-Pierre Audy","changes":{},"committee":["JURI"],"date":"2013-09-04T00:00:00","id":"PE516.904-14","location":[["Proposal for a directive","Article 15 \u2013 paragraph 1"]],"meps":[33775],"meta":{"created":"2019-07-03T05:49:25"},"new":["1. Authorisations to stay shall bear the title","\u201cresearcher\u201d, \u201cstudent\u201d, \u201cvolunteer\u201d,","\u201cschool pupil\u201d, \u201cremunerated trainee\u201d,","\u201cunremunerated trainee\u201d or \u201cau pair\u201d. For","third-country national researchers and","students coming to the Union under a","specific Union programme including","mobility measures, the authorisation shall","mention the specific programme."],"old":["1. Long-stay visas and residence permits","shall bear the title \u201cresearcher\u201d, \u201cstudent\u201d,","\u201cvolunteer\u201d, \u201cschool pupil\u201d, \u201cremunerated","trainee\u201d, \u201cunremunerated trainee\u201d or \u201cau","","pair\u201d. For third-country national","researchers and students coming to the","Union under a specific Union programme","including mobility measures, the","authorisation shall mention the specific","programme."],"orig_lang":"fr","peid":"PE516.904v01-00","reference":"2013/0081(COD)","seq":"14","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-516.904+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jean-Pierre Audy","changes":{},"committee":["JURI"],"date":"2013-09-04T00:00:00","id":"PE516.904-15","location":[[" Proposal for a directive","Article 19 \u2013 paragraph 1 \u2013 point b"]],"meps":[33775],"meta":{"created":"2019-07-03T05:49:25"},"new":["(b) where the third-country national is","residing for purposes other than those for","which he/she was authorised to reside or","where he/she fails to comply with the laws","and regulations of the host Member State;"],"old":["(b) where the third-country national is","residing for purposes other than those for","which he/she was authorised to reside;"],"orig_lang":"fr","peid":"PE516.904v01-00","reference":"2013/0081(COD)","seq":"15","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-516.904+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jean-Pierre Audy","changes":{},"committee":["JURI"],"date":"2013-09-04T00:00:00","id":"PE516.904-16","location":[[" Proposal for a directive","Article 24"]],"meps":[33775],"meta":{"created":"2019-07-03T05:49:26"},"new":["Article 24 deleted"],"old":["Job-searching and entrepreneurship for","researchers and students","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."],"orig_lang":"fr","peid":"PE516.904v01-00","reference":"2013/0081(COD)","seq":"16","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-516.904+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Kyriacos Triantaphyllides","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-37","location":[["Proposal for a directive","Recital 2"]],"meps":[28514],"meta":{"created":"2019-07-03T05:51:12"},"new":["(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."],"old":["(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."],"orig_lang":"en","peid":"PE519.454v01-00","reference":"2013/0081(COD)","seq":"37","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.454+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sari Essayah","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-38","location":[["Proposal for a directive","Recital 2"]],"meps":[96682],"meta":{"created":"2019-07-03T05:51:12"},"new":["(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."],"old":["(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."],"orig_lang":"en","peid":"PE519.454v01-00","reference":"2013/0081(COD)","seq":"38","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.454+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Kyriacos Triantaphyllides","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-39","location":[[" Proposal for a directive","Recital 3"]],"meps":[28514],"meta":{"created":"2019-07-03T05:51:12"},"new":["(3) This Directive should contribute to the","Stockholm Programme's aim to","approximate national legislation on the","conditions for entry and residence of third-","country nationals. Immigration from","outside the Union is one source of highly","skilled people, and in particular students","and researchers are increasingly sought","after. They play an important role to form","the Union's key asset \u2013 human capital - in","ensuring smart, sustainable and inclusive","growth, contributing to the achievement of","the objectives of the Europe 2020 Strategy,","and therefore their entry and residence","should be facilitated as much as possible."],"old":["(3) This Directive should contribute to the","Stockholm Programme's aim to","approximate national legislation on the","conditions for entry and residence of third-","country nationals. Immigration from","outside the Union is one source of highly","skilled people, and in particular students","and researchers are increasingly sought","after. They play an important role to form","the Union's key asset \u2013 human capital - in","ensuring smart, sustainable and inclusive","growth, and therefore contribute to the","achievement of the objectives of the","Europe 2020 Strategy."],"orig_lang":"en","peid":"PE519.454v01-00","reference":"2013/0081(COD)","seq":"39","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.454+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Kyriacos Triantaphyllides","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-40","location":[[" Proposal for a directive","Recital 6"]],"meps":[28514],"meta":{"created":"2019-07-03T05:51:12"},"new":["(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-\u00e0-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."],"old":["(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-\u00e0-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."],"orig_lang":"en","peid":"PE519.454v01-00","reference":"2013/0081(COD)","seq":"40","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.454+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Kyriacos Triantaphyllides","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-41","location":[["Proposal for a directive","Recital 7"]],"meps":[28514],"meta":{"created":"2019-07-03T05:51:12"},"new":["(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."],"old":["(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."],"orig_lang":"en","peid":"PE519.454v01-00","reference":"2013/0081(COD)","seq":"41","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.454+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Zuzana Roithov\u00e1","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-42","location":[["Proposal for a directive","Recital 8"]],"meps":[28352],"meta":{"created":"2019-07-03T05:51:12"},"new":["(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, ensure an increase in the Union's","overall competitiveness and growth rates","while creating jobs that make a larger","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."],"old":["(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."],"orig_lang":"cs","peid":"PE519.454v01-00","reference":"2013/0081(COD)","seq":"42","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.454+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sari Essayah","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-43","location":[[" Proposal for a directive","Recital 8"]],"meps":[96682],"meta":{"created":"2019-07-03T05:51:12"},"new":["(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."],"old":["(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."],"orig_lang":"en","peid":"PE519.454v01-00","reference":"2013/0081(COD)","seq":"43","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.454+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Mario Borghezio","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-44","location":[[" Proposal for a directive","Recital 11"]],"meps":[21817],"meta":{"created":"2019-07-03T05:51:13"},"new":["deleted"],"old":["(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."],"orig_lang":"it","peid":"PE519.454v01-00","reference":"2013/0081(COD)","seq":"44","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.454+01+DOC+PDF+V0//EN&language=EN"},{"authors":"H\u00e9l\u00e8ne Flautre","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-45","location":[["Proposal for a directive","Recital 11"]],"meps":[4385],"meta":{"created":"2019-07-03T05:51:13"},"new":["(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."],"old":["(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."],"orig_lang":"en","peid":"PE519.454v01-00","reference":"2013/0081(COD)","seq":"45","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.454+01+DOC+PDF+V0//EN&language=EN"},{"authors":"H\u00e9l\u00e8ne Flautre","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-46","location":[["Proposal for a directive","Recital 12"]],"meps":[4385],"meta":{"created":"2019-07-03T05:51:13"},"new":["(12) Where appropriate, Member States","should treat PhD candidates as researchers,","and pupils attending secondary school for","vocational training as students."],"old":["(12) Where appropriate, Member States","should be encouraged to treat PhD","candidates as researchers."],"orig_lang":"en","peid":"PE519.454v01-00","reference":"2013/0081(COD)","seq":"46","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.454+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Kyriacos Triantaphyllides","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-47","location":[[" Proposal for a directive","Recital 14"]],"meps":[28514],"meta":{"created":"2019-07-03T05:51:13"},"new":["(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."],"old":["(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."],"orig_lang":"en","peid":"PE519.454v01-00","reference":"2013/0081(COD)","seq":"47","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.454+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Ismail Ertug","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-48","location":[[" Proposal for a directive","Recital 15"]],"meps":[96842],"meta":{"created":"2019-07-03T05:51:13"},"new":["(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."],"old":["(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."],"orig_lang":"de","peid":"PE519.454v01-00","reference":"2013/0081(COD)","seq":"48","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.454+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Tanja Fajon","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-49","location":[["Proposal for a directive","Recital 17"]],"meps":[96911],"meta":{"created":"2019-07-03T05:51:13"},"new":["(17) Evidence of acceptance of a student","by an establishment of higher education","could include, among other possibilities, a","letter or certificate confirming his/her","acceptance or enrolment."],"old":["(17) Evidence of acceptance of a student","by an establishment of higher education","could include, among other possibilities, a","letter or certificate confirming his/her","enrolment."],"orig_lang":"en","peid":"PE519.454v01-00","reference":"2013/0081(COD)","seq":"49","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.454+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Kyriacos Triantaphyllides","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-50","location":[[" Proposal for a directive","Recital 22"]],"meps":[28514],"meta":{"created":"2019-07-03T05:51:13"},"new":["(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."],"old":["(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."],"orig_lang":"en","peid":"PE519.454v01-00","reference":"2013/0081(COD)","seq":"50","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.454+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Tanja Fajon","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-51","location":[[" Proposal for a directive","Recital 25"]],"meps":[96911],"meta":{"created":"2019-07-03T05:51:13"},"new":["(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. Member States may","however charge applicants for processing","applications for authorisations."],"old":["(25) Member States may charge applicants","for processing applications for","authorisations. The fees should be","proportionate to the purpose of the stay."],"orig_lang":"en","peid":"PE519.454v01-00","reference":"2013/0081(COD)","seq":"51","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.454+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Kyriacos Triantaphyllides","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-52","location":[["Proposal for a directive","Recital 25"]],"meps":[28514],"meta":{"created":"2019-07-03T05:51:13"},"new":["(25) Member States may charge applicants","for processing applications for","authorisations. The fees should be","proportionate to the purpose of the stay","and should not constitute an obstacle to","the objectives of the Directive."],"old":["(25) Member States may charge applicants","for processing applications for","authorisations. The fees should be","proportionate to the purpose of the stay."],"orig_lang":"en","peid":"PE519.454v01-00","reference":"2013/0081(COD)","seq":"52","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.454+01+DOC+PDF+V0//EN&language=EN"},{"authors":"H\u00e9l\u00e8ne Flautre","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-53","location":[["Proposal for a directive","Recital 28"]],"meps":[4385],"meta":{"created":"2019-07-03T05:51:13"},"new":["(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."],"old":["(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."],"orig_lang":"en","peid":"PE519.454v01-00","reference":"2013/0081(COD)","seq":"53","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.454+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sari Essayah","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-54","location":[["Proposal for a directive","Recital 30"]],"meps":[96682],"meta":{"created":"2019-07-03T05:51:13"},"new":["(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."],"old":["(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."],"orig_lang":"en","peid":"PE519.454v01-00","reference":"2013/0081(COD)","seq":"54","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.454+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Kyriacos Triantaphyllides","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-55","location":[[" Proposal for a directive","Recital 30"]],"meps":[28514],"meta":{"created":"2019-07-03T05:51:13"},"new":["(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 inform the","applicant as soon as possible of any","further information they need for","processing the application. In the event of","an appeal against a negative decision,","national authorities should inform the","applicant of their decision within 60 days."],"old":["(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."],"orig_lang":"en","peid":"PE519.454v01-00","reference":"2013/0081(COD)","seq":"55","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.454+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Kyriacos Triantaphyllides","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-56","location":[["Proposal for a directive","Recital 32"]],"meps":[28514],"meta":{"created":"2019-07-03T05:51:13"},"new":["(32) Union immigration rules and Union","programmes including mobility measures","should complement each other more.","Third-country nationals who fall within","the scope of this Directive should be","entitled to move to different Member","States within the Union 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."],"old":["(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."],"orig_lang":"en","peid":"PE519.454v01-00","reference":"2013/0081(COD)","seq":"56","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.454+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Kyriacos Triantaphyllides","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-57","location":[["Proposal for a directive","Recital 33"]],"meps":[28514],"meta":{"created":"2019-07-03T05:51:14"},"new":["(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."],"old":["(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."],"orig_lang":"en","peid":"PE519.454v01-00","reference":"2013/0081(COD)","seq":"57","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.454+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Tanja Fajon","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-58","location":[[" Proposal for a directive","Recital 33"]],"meps":[96911],"meta":{"created":"2019-07-03T05:51:14"},"new":["(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."],"old":["(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."],"orig_lang":"en","peid":"PE519.454v01-00","reference":"2013/0081(COD)","seq":"58","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.454+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Anna Maria Corazza Bildt, Roberta Metsola","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-59","location":[[" Proposal for a directive","Recital 33"]],"meps":[96674,118859],"meta":{"created":"2019-07-03T05:51:14"},"new":["(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. 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."],"old":["(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."],"orig_lang":"en","peid":"PE519.454v01-00","reference":"2013/0081(COD)","seq":"59","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.454+01+DOC+PDF+V0//EN&language=EN"},{"authors":"H\u00e9l\u00e8ne Flautre","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-60","location":[["Proposal for a directive","Recital 33"]],"meps":[4385],"meta":{"created":"2019-07-03T05:51:14"},"new":["(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","negate the right to work."],"old":["(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."],"orig_lang":"en","peid":"PE519.454v01-00","reference":"2013/0081(COD)","seq":"60","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.454+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Kyriacos Triantaphyllides","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-61","location":[["Proposal for a directive","Recital 34"]],"meps":[28514],"meta":{"created":"2019-07-03T05:51:14"},"new":["(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."],"old":["(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."],"orig_lang":"en","peid":"PE519.454v01-00","reference":"2013/0081(COD)","seq":"61","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.454+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Anna Maria Corazza Bildt, Roberta Metsola","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-62","location":[[" Proposal for a directive","Recital 35"]],"meps":[96674,118859],"meta":{"created":"2019-07-03T05:51:14"},"new":["(35) The provisions of this Directive are","without prejudice to the competence of the","Member States to decide on the number of","authorisations to grant for admission of","third-country nationals for the purpose of","work, depending on their national labour","market."],"old":["(35) The provisions of this Directive are","without prejudice to the competence of the","Member States to regulate the volumes of","admission of third-country nationals for the","purpose of work."],"orig_lang":"en","peid":"PE519.454v01-00","reference":"2013/0081(COD)","seq":"62","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.454+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Anna Maria Corazza Bildt","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-63","location":[[" Proposal for a directive","Recital 36"]],"meps":[96674],"meta":{"created":"2019-07-03T05:51:14"},"new":["(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."],"old":["(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."],"orig_lang":"en","peid":"PE519.454v01-00","reference":"2013/0081(COD)","seq":"63","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.454+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sari Essayah","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-64","location":[["Proposal for a directive","Recital 36"]],"meps":[96682],"meta":{"created":"2019-07-03T05:51:14"},"new":["(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. Some 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. Currently","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 should also 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."],"old":["(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."],"orig_lang":"en","peid":"PE519.454v01-00","reference":"2013/0081(COD)","seq":"64","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.454+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Kyriacos Triantaphyllides","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-65","location":[["Proposal for a directive","Recital 42 a (new)"]],"meps":[28514],"meta":{"created":"2019-07-03T05:51:14"},"new":["(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."],"orig_lang":"en","peid":"PE519.454v01-00","reference":"2013/0081(COD)","seq":"65","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.454+01+DOC+PDF+V0//EN&language=EN"},{"authors":"H\u00e9l\u00e8ne Flautre","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-66","location":[["Proposal for a directive","Article 3 \u2013 point g"]],"meps":[4385],"meta":{"created":"2019-07-03T05:51:14"},"new":["(g) \u2018volunteer\u2019 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 that person's","own free choice and motivation, and","without financial gain and for a non-","profit cause, which benefit the volunteers","themselves, those receiving services from","a volunteer association, communities and","society as a whole;"],"old":["(g) \u2018volunteer\u2019 means a third-country","national admitted to the territory of a","Member State to participate in a recognised","voluntary service scheme;"],"orig_lang":"en","peid":"PE519.454v01-00","reference":"2013/0081(COD)","seq":"66","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.454+01+DOC+PDF+V0//EN&language=EN"},{"authors":" H\u00e9l\u00e8ne Flautre","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-67","location":[[" Proposal for a directive","Article 3 \u2013 point g a (new)"]],"meps":[4385],"meta":{"created":"2019-07-03T05:51:14"},"new":["(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."],"orig_lang":"en","peid":"PE519.454v01-00","reference":"2013/0081(COD)","seq":"67","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.454+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Kyriacos Triantaphyllides","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-68","location":[[" Proposal for a directive","Article 3 \u2013 point h"]],"meps":[28514],"meta":{"created":"2019-07-03T05:51:14"},"new":["(h) \u2018voluntary service scheme\u2019 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;"],"old":["(h) \u2018voluntary service scheme\u2019 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;"],"orig_lang":"en","peid":"PE519.454v01-00","reference":"2013/0081(COD)","seq":"68","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.454+01+DOC+PDF+V0//EN&language=EN"},{"authors":"H\u00e9l\u00e8ne Flautre","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-69","location":[["Proposal for a directive","Article 3 \u2013 point l a (new)"]],"meps":[4385],"meta":{"created":"2019-07-03T05:51:14"},"new":["(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;"],"orig_lang":"en","peid":"PE519.454v01-00","reference":"2013/0081(COD)","seq":"69","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.454+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sari Essayah, Nils Torvalds","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-70","location":[["Proposal for a directive","Article 4 \u2013 paragraph 2"]],"meps":[96682,114268],"meta":{"created":"2019-07-03T05:51:14"},"new":["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."],"old":["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."],"orig_lang":"en","peid":"PE519.454v01-00","reference":"2013/0081(COD)","seq":"70","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.454+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Tanja Fajon","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-71","location":[["Proposal for a directive","Article 5 \u2013 paragraph 2"]],"meps":[96911],"meta":{"created":"2019-07-03T05:51:14"},"new":["2. Once all the general and specific","conditions for admission are fulfilled,","applicants shall be entitled to a long-stay","visa and residence permit with the same","validity period. If a Member State issues","residence permits only on its territory and","not elsewhere and all the admission","conditions laid down in this Directive are","fulfilled, the Member State concerned shall","issue the third-country national the","requisite visa."],"old":["2. Once all the general and specific","conditions for admission are fulfilled,","applicants shall be entitled to a long-stay","visa and/or residence permit. If a Member","State issues residence permits only on its","territory and not elsewhere and all the","admission conditions laid down in this","Directive are fulfilled, the Member State","concerned shall issue the third country","national the requisite visa."],"orig_lang":"en","peid":"PE519.454v01-00","reference":"2013/0081(COD)","seq":"71","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.454+01+DOC+PDF+V0//EN&language=EN"},{"authors":" H\u00e9l\u00e8ne Flautre","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-72","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 2"]],"meps":[4385],"meta":{"created":"2019-07-03T05:51:15"},"new":["2. Once all the general and specific","conditions for admission are fulfilled,","applicants shall be entitled to a long-stay","visa and, where appropriate, to a","residence permit which shall have the","same validity period and allow them the","possibility of a multiple entry visa. If a","Member State issues residence permits","only on its territory and not elsewhere and","all the admission conditions laid down in","this Directive are fulfilled, the Member","State concerned shall issue the third-","country national the requisite visa."],"old":["2. Once all the general and specific","conditions for admission are fulfilled,","applicants shall be entitled to a long-stay","visa and/or residence permit. If a Member","State issues residence permits only on its","territory and not elsewhere and all the","admission conditions laid down in this","Directive are fulfilled, the Member State","concerned shall issue the third country","national the requisite visa."],"orig_lang":"en","peid":"PE519.454v01-00","reference":"2013/0081(COD)","seq":"72","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.454+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Kyriacos Triantaphyllides","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-73","location":[["Proposal for a directive","Article 6 \u2013 point d"]],"meps":[28514],"meta":{"created":"2019-07-03T05:51:15"},"new":["(d) not be a threat to public policy, public","security or public health;"],"old":["(d) not be regarded as a threat to public","policy, public security or public health;"],"orig_lang":"en","peid":"PE519.454v01-00","reference":"2013/0081(COD)","seq":"73","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.454+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Kyriacos Triantaphyllides","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-74","location":[["Proposal for a directive","Article 6 \u2013 point f"]],"meps":[28514],"meta":{"created":"2019-07-03T05:51:15"},"new":["(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 is in receipt of a grant or","scholarship, if he/she has received an","undertaking of sponsorship from a host","family or a firm offer of work or if 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."],"old":["(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."],"orig_lang":"en","peid":"PE519.454v01-00","reference":"2013/0081(COD)","seq":"74","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.454+01+DOC+PDF+V0//EN&language=EN"},{"authors":"H\u00e9l\u00e8ne Flautre","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-75","location":[["Proposal for a directive","Article 6 \u2013 paragraph 1 \u2013 point f"]],"meps":[4385],"meta":{"created":"2019-07-03T05:51:15"},"new":["(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. 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When a Member State withdraws an","authorisation on one of the grounds set","out in points (d) or (e)of paragraph 1, the","third-country national concerned 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."],"orig_lang":"en","peid":"PE519.454v01-00","reference":"2013/0081(COD)","seq":"101","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.454+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Kyriacos Triantaphyllides","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-102","location":[[" Proposal for a directive","Article 20 \u2013 paragraph 1 \u2013 point c"]],"meps":[28514],"meta":{"created":"2019-07-03T05:51:16"},"new":["(c) for students, where the time limits","imposed on access to economic activities","under Article 23 are not respected."],"old":["(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."],"orig_lang":"en","peid":"PE519.454v01-00","reference":"2013/0081(COD)","seq":"102","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.454+01+DOC+PDF+V0//EN&language=EN"},{"authors":"H\u00e9l\u00e8ne Flautre","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-103","location":[["Proposal for a directive","Article 20 \u2013 paragraph 1 \u2013 point c"]],"meps":[4385],"meta":{"created":"2019-07-03T05:51:16"},"new":["(c) for students, where the time limits","imposed on access to economic activities","under Article 23 are not respected."],"old":["(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."],"orig_lang":"en","peid":"PE519.454v01-00","reference":"2013/0081(COD)","seq":"103","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.454+01+DOC+PDF+V0//EN&language=EN"},{"authors":"H\u00e9l\u00e8ne Flautre","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-104","location":[["Proposal for a directive","Article 20 \u2013 paragraph 1 \u2013 point c a (new)"]],"meps":[4385],"meta":{"created":"2019-07-03T05:51:17"},"new":["(ca) for students, where they do not make","acceptable progress in the relevant studies","in accordance with national law. The","Member State concerned may refuse to","renew an authorisation on those grounds","only with the prior consent of the","educational establishment concerned."],"orig_lang":"en","peid":"PE519.454v01-00","reference":"2013/0081(COD)","seq":"104","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.454+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sari Essayah","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-105","location":[["Proposal for a directive","Article 21 \u2013 paragraph 1"]],"meps":[96682],"meta":{"created":"2019-07-03T05:51:17"},"new":["1. 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 (EC) No 883/2004 on the","coordination of social security schemes in","accordance with Article 12(2)(b) of","Directive 2011/98/EU."],"old":["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."],"orig_lang":"en","peid":"PE519.454v01-00","reference":"2013/0081(COD)","seq":"105","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.454+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Anna Maria Corazza Bildt, Roberta Metsola","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-106","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 2"]],"meps":[96674,118859],"meta":{"created":"2019-07-03T05:51:17"},"new":["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."],"old":["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."],"orig_lang":"en","peid":"PE519.454v01-00","reference":"2013/0081(COD)","seq":"106","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.454+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Cecilia Wikstr\u00f6m","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-107","justification":"Article 3(1)(b) of the Single Permit Directive does not explicitly include third-country\nnationals (e.g. students) who come to the EU with a visa. This gap could lead to a\ndiscrimination of students versus other categories. In order to close this gap the rights of\nArticle 21 should be extended explicitly to that category.","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 2 a (new)"]],"meps":[96677],"meta":{"created":"2019-07-03T05:51:17"},"new":["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."],"old":[""],"orig_lang":"en","peid":"PE519.454v01-00","reference":"2013/0081(COD)","seq":"107","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.454+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Kyriacos Triantaphyllides","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-108","location":[["Proposal for a directive","Article 23 \u2013 paragraph 1"]],"meps":[28514],"meta":{"created":"2019-07-03T05:51:17"},"new":["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."],"old":["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."],"orig_lang":"en","peid":"PE519.454v01-00","reference":"2013/0081(COD)","seq":"108","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.454+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Anna Maria Corazza Bildt","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-109","location":[[" Proposal for a directive","Article 23 \u2013 paragraph 3"]],"meps":[96674],"meta":{"created":"2019-07-03T05:51:17"},"new":["deleted"],"old":["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."],"orig_lang":"en","peid":"PE519.454v01-00","reference":"2013/0081(COD)","seq":"109","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.454+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Kyriacos Triantaphyllides","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-110","location":[[" Proposal for a directive","Article 24"]],"meps":[28514],"meta":{"created":"2019-07-03T05:51:17"},"new":["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 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."],"old":["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."],"orig_lang":"en","peid":"PE519.454v01-00","reference":"2013/0081(COD)","seq":"110","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.454+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Mario Borghezio","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-111","location":[["Proposal for a directive","Article 24"]],"meps":[21817],"meta":{"created":"2019-07-03T05:51:17"},"new":["After finalisation of research or studies in","the Member State, third-country nationals","may 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 shall 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","shall additionally be requested to provide","evidence that they have a genuine chance","of being engaged or of launching a","business."],"old":["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."],"orig_lang":"it","peid":"PE519.454v01-00","reference":"2013/0081(COD)","seq":"111","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.454+01+DOC+PDF+V0//EN&language=EN"},{"authors":"H\u00e9l\u00e8ne Flautre","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-112","location":[["Proposal for a directive","Article 24"]],"meps":[4385],"meta":{"created":"2019-07-03T05:51:17"},"new":["After finalisation of research or studies in","the Member State, third-country nationals","shall be entitled to stay on the territory of","the European Union 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 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 12 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."],"old":["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."],"orig_lang":"en","peid":"PE519.454v01-00","reference":"2013/0081(COD)","seq":"112","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.454+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Mario Borghezio","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-113","location":[[" Proposal for a directive","Article 25"]],"meps":[21817],"meta":{"created":"2019-07-03T05:51:17"},"new":["deleted"],"old":["Article 25","Researchers' 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.","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.","","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.","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."],"orig_lang":"it","peid":"PE519.454v01-00","reference":"2013/0081(COD)","seq":"113","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.454+01+DOC+PDF+V0//EN&language=EN"},{"authors":"H\u00e9l\u00e8ne Flautre","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-114","location":[["Proposal for a directive","Article 25 \u2013 title"]],"meps":[4385],"meta":{"created":"2019-07-03T05:51:17"},"new":["Researchers' and students' family","members"],"old":["Researchers' family members"],"orig_lang":"en","peid":"PE519.454v01-00","reference":"2013/0081(COD)","seq":"114","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.454+01+DOC+PDF+V0//EN&language=EN"},{"authors":"H\u00e9l\u00e8ne Flautre","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-115","location":[["Proposal for a directive","Article 25 \u2013 paragraph 1"]],"meps":[4385],"meta":{"created":"2019-07-03T05:51:17"},"new":["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."],"old":["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.","",""],"orig_lang":"en","peid":"PE519.454v01-00","reference":"2013/0081(COD)","seq":"115","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.454+01+DOC+PDF+V0//EN&language=EN"},{"authors":" H\u00e9l\u00e8ne Flautre","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-116","location":[[" Proposal for a directive","Article 25 \u2013 paragraph 3"]],"meps":[4385],"meta":{"created":"2019-07-03T05:51:17"},"new":["3. 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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."],"orig_lang":"en","peid":"PE519.454v01-00","reference":"2013/0081(COD)","seq":"116","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-519.454+01+DOC+PDF+V0//EN&language=EN"},{"authors":" H\u00e9l\u00e8ne Flautre","changes":{},"committee":["LIBE"],"date":"2013-09-11T00:00:00","id":"PE519.454-117","location":[[" Proposal for a directive","Article 25 \u2013 paragraph 4"]],"meps":[4385],"meta":{"created":"2019-07-03T05:51:17"},"new":["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."],"old":["4. 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Recast","type":"COD - Ordinary legislative procedure (ex-codecision procedure)"},"path":["procedure"],"type":"added"}],"2013-04-18T00:19:34":[{"data":{"body":"EP","committees":[{"body":"EP","committee":"JURI","committee_full":"Legal Affairs","date":"2013-04-15T00:00:00","rapporteur":[{"group":"NI","mepref":"4de188910fb8127435bdc374","name":"STOYANOV Dimitar"}],"responsible":false},{"body":"EP","committee":"LIBE","committee_full":"Civil Liberties, Justice and Home Affairs","responsible":true}],"date":"2013-04-16T00:00:00","type":"Committee referral announced in Parliament, 1st reading/single reading"},"path":["activities",1],"type":"added"},{"data":"2013-04-15T00:00:00","path":["committees",0,"date"],"type":"added"},{"data":[{"group":"NI","mepref":"4de188910fb8127435bdc374","name":"STOYANOV Dimitar"}],"path":["committees",0,"rapporteur"],"type":"added"},{"data":"LIBE/7/12352","path":["procedure","dossier_of_the_committee"],"type":"added"},{"data":["Preparatory phase in Parliament","Awaiting Parliament 1st reading / single reading / budget 1st stage"],"path":["procedure","stage_reached"],"type":"changed"}],"2013-04-24T03:09:18":[{"data":["
PURPOSE: to lay down the conditions of entry and\nresidence of third-country nationals for the purposes of research,\nstudies, pupil exchange, remunerated and unremunerated training,\nvoluntary service and au pairing.
\nPROPOSED ACT: Directive of the European Parliament and\nof the Council (recast of Directives 2005/71/EC and\n2004/114/EC).
\nROLE OF THE EUROPEAN PARLIAMENT: the European\nParliament decides in accordance with the ordinary legislative\nprocedure and on an equal footing with the Council.
\nBACKGROUND: the European Unions working age\npopulation has practically stopped growing and over the next couple\nof years it will start shrinking. The EU is also facing a situation\nof 'innovation emergency'. Europe is spending 0.8% of GDP less than\nthe US and 1.5% less than Japan every year on Research &\nDevelopment (R&D). in addition, thousands of the best\nresearchers and innovators have moved to countries where conditions\nare more favorable.
\nTo counterbalance this lack of manpower, immigration\nfrom outside the EU is one source of highly skilled people, and\nthird-country national students and researchers in particular are\ngroups which are increasingly sought after and which the EU needs\nto actively attract.
\nAllowing third-country nationals to acquire skills and\nknowledge through a period of training in Europe encourages\nbrain circulation and supports cooperation with third\ncountries.
\nHowever, in the absence of a clear legal framework,\nthere is also a risk of exploitation to which trainees and au-pairs\nare particularly exposed, with the subsequent risk of unfair\ncompetition on the labour market.
\nWith a view to better optimising those benefits and\nproperly tackling those risks, and taking account of the\nsimilarities of the challenges faced by these categories of\nmigrants, this proposal amends Council\nDirective 2004/114/EC (Students Directive) on\nthe conditions of admission of third country nationals for the\npurposes of studies, pupil exchange, unremunerated training or\nvoluntary service:
\nThe proposal seeks to remedy the shortcomings\nhighlighted in the implementation reports of the two Directives\n[see COM(2011)901\nand 587]\non the conditions of admissions in particular (visas, mobility\naspects ) and procedural safeguards.
\nIMPACT ASSESSMENT: the following options were\nconsidered:
\nOption 4 appears to be\nthe most cost-effective option to meet the key objectives and\nbrings about positive economic and social impacts. The main\ndisadvantage of legislative changes would be the costs involved:\nMember States would have to make modifications to their legislative\nframeworks.
\nLEGAL BASIS: Article 79(2) points (a) and (b) of the\nTreaty on the Functioning of the European Union (TFEU).
\nCONTENT: the proposals overall objective is to\nsupport social, cultural and economic relationships between the EU\nand third countries, foster the transfer of skills and know-how and\npromote competitiveness while, at the same time, provide for\nsafeguards ensuring fair treatment of these groups of third-country\nnationals.
\nChapter I General provisions: the proposal has two specific objectives:
\nScope: the proposal\nextends the scope of the Student Directive to include\nremunerated trainees and au-pairs. The proposal would not,\nhowever, apply to third-country nationals who are EU long-term\nresidents given their more privileged status and their specific\ntype of residence permit, or refugees, those residing in a Member\nState on a strictly temporary basis in accordance with Union\nlegislation.
\nMember States may grant more favourable\nconditions for the persons to whom the proposal for Directive\napplies, however only in relation to certain specific provisions\nthat concern family members of researchers, rights to equal\ntreatment, economic activities and procedural\nsafeguards.
\nChapter II Admission:
\nGeneral principle: an\napplicant who satisfies all the general and specific conditions for\nadmission shall be granted a residence permit or a long-stay visa\nby the Member State where the application has been made. The\nproposal lays down the general conditions that applicants must\nfulfil in order to be admitted to a Member State, besides the\nspecific conditions that apply to the different categories of\nthird-country nationals laid down in the proposal. The general\nconditions are very much in line with those developed in the\nexisting acquis on legal migration, and include valid documents,\nsickness insurance and minimum resources.
\nSpecific conditions:
\n- the specific conditions of admission for\nresearchers which already exist in the Researchers'\nDirective are maintained. The proposal lists the elements that\nshould be contained in the hosting agreement: title and purpose of\nthe research project, the confirmation of the organisation that it\nis hosting the researcher so that he or she can complete the\nresearch project, the start and end date of the research project,\netc. For researchers to be aware of research organisations that can\nenter into hosting agreements, emphasis is placed in the proposal\non the need for the list of approved organisation to be publicly\navailable and up-dated regularly;
\n- for students, the specific conditions are\nthose in the Students Directive;
\n- for pupils, remunerated and unremunerated\ntrainees, volunteers and au-pairs, the specific\nconditions are that these persons are required to show evidence\nof the organisation that is responsible for their exchange,\ntraining or, volunteering.
\nChapter III Authorisations and duration of\nresidence: a series of provisions set\nout the information that should be included on the third-country\nnational's residence permit or long-term visa. For researchers\nand students an authorisation should be granted for at least\none year. For all other groups, the authorisation is limited to\none year as a rule, with the possibility for\nexceptions.
\nChapter IV Grounds for refusal, withdrawal or\nnon-renewal of authorisations: the\nprovisions lay down the mandatory and possible grounds for\nrefusing, withdrawing or not renewing an authorisation, such as the\ngeneral and specific conditions for admission no longer being met,\nfalse documents etc., which are standard conditions under the\nexisting migration Directives.
\nChapter V Rights:
\nto ensure the fair treatment of third-country\nnationals falling under the scope of the Directive, a new provision\nentitles them to equal treatment under the Single\nPermit Directive. More favourable rights to equal treatment\nwith nationals of the host Member State as regards branches of\nsocial security as defined in Regulation\nNo 883/2004 on the coordination of social security\nschemes are maintained for third-country national researchers,\nwithout the possibility for the limitations laid down by the Single\nPermit Directive. Furthermore, school pupils, volunteers,\nunremunerated trainees and au-pairs will benefit from equal\ntreatment rights with nationals of the host Member State as regards\naccess to goods and services and the supply of goods and\nservices made available to the public independently on whether\nUnion or national law gives them access to the labour\nmarket.
\nRight to work: provisions exist in the proposal\nwhereby researchers and students are given the right to\nwork, with Member States being able\nto set certain limits. Researchers, as was the case under\nDirective 2005/71, are allowed to teach in accordance with national\nlegislation. Regarding students, whereas under Directive\n2004/114/EC students were allowed to work for a minimum of 10 hours\nper week, this period has been increased to 20 hours. With\nrespect to students' access to economic activities, Member States\nmay continue take into consideration their labour market situation\nbut this should be done in a proportionate way in order not\nto systematically endanger the right to work.
\nThe proposal introduces the possibility for students\nand researchers, if they fulfil the general admission conditions of\nthe proposal (except for the condition on being a minor), to stay\nin the Member State for 12 months upon finalisation of their\nstudies/research in order to look for work or set up a\nbusiness. This provision has the potential to make the Member\nStates more competitive in the search for talents on a global\nstage. It would however not be an automatic work permit. In a\nperiod of more than 3 and less than 6 months, Member States could\nask the third-country nationals to provide documentation that they\nare genuinely seeking for a job (for example, copies of the letters\nand CVs sent to employers) or are in the process of setting up a\nbusiness. After 6 months, they could also ask third- country\nnationals to provide evidence that they have a genuine chance of\nbeing engaged or of launching a business.
\nThe proposal includes specific provisions on the\nadmission and access to the labour market of researchers' family\nmembers in derogation to Directive\n2003/86/EC with a view to increasing the EUs\nattractiveness to third-country national researchers.
\nChapter VI Mobility between Member\nStates: a series of articles set out\nthe conditions under which researchers, students and trainees can\nmove between the Member States, in order to facilitate such\nmobility:
\nChapter VII Procedure and\ntransparency: the proposal introduces\na time-limit that obliges Member States to decide on the\ncomplete application for an authorisation and notify the applicant\nin writing within 60 days (applying for all groups), and\nwithin 30 days for Union programmes including mobility\nmeasures. Procedural guarantees include the possibility of a legal\nchallenge against a decision rejecting an application as well as\nthe requirement for the authorities to give reasons for such\ndecisions in writing, and ensuring respect for the right to a legal\nremedy.
\nProvisions are also included in regard to\ncommunication: the Member States would be required to make\ninformation available on the entry and residence conditions as set\nby this proposal, including on approved research organisations and\non fees.
\nTaxes and fees: Member States may charge fees for the processing of\napplications. However, the amount of such fees should not endanger\nthe fulfilment of the Directive's objectives.
\nChapter VIII - Final provisions:\nMember States would be required to establish\nnational contact points to exchange information on third-country\nnationals covered by the proposal who move between Member States.\nSuch national contact points already exist in relation to certain\nexisting migration Directives such as the Blue Card Directive.\nMember States would be required to communicate to the Commission\nstatistics on the numbers of third-country nationals granted\nauthorisations.
\nBUDGETARY IMPLICATION: the proposal has no\nimplications for the EUs budget.
\nPURPOSE: to lay down the conditions of entry and\nresidence of third-country nationals for the purposes of research,\nstudies, pupil exchange, remunerated and unremunerated training,\nvoluntary service and au pairing.
\nPROPOSED ACT: Directive of the European Parliament and\nof the Council (recast of Directives 2005/71/EC and\n2004/114/EC).
\nROLE OF THE EUROPEAN PARLIAMENT: the European\nParliament decides in accordance with the ordinary legislative\nprocedure and on an equal footing with the Council.
\nBACKGROUND: the European Unions working age\npopulation has practically stopped growing and over the next couple\nof years it will start shrinking. The EU is also facing a situation\nof 'innovation emergency'. Europe is spending 0.8% of GDP less than\nthe US and 1.5% less than Japan every year on Research &\nDevelopment (R&D). in addition, thousands of the best\nresearchers and innovators have moved to countries where conditions\nare more favorable.
\nTo counterbalance this lack of manpower, immigration\nfrom outside the EU is one source of highly skilled people, and\nthird-country national students and researchers in particular are\ngroups which are increasingly sought after and which the EU needs\nto actively attract.
\nAllowing third-country nationals to acquire skills and\nknowledge through a period of training in Europe encourages\nbrain circulation and supports cooperation with third\ncountries.
\nHowever, in the absence of a clear legal framework,\nthere is also a risk of exploitation to which trainees and au-pairs\nare particularly exposed, with the subsequent risk of unfair\ncompetition on the labour market.
\nWith a view to better optimising those benefits and\nproperly tackling those risks, and taking account of the\nsimilarities of the challenges faced by these categories of\nmigrants, this proposal amends Council\nDirective 2004/114/EC (Students Directive) on\nthe conditions of admission of third country nationals for the\npurposes of studies, pupil exchange, unremunerated training or\nvoluntary service:
\nThe proposal seeks to remedy the shortcomings\nhighlighted in the implementation reports of the two Directives\n[see COM(2011)901\nand 587]\non the conditions of admissions in particular (visas, mobility\naspects ) and procedural safeguards.
\nIMPACT ASSESSMENT: the following options were\nconsidered:
\nOption 4 appears to be\nthe most cost-effective option to meet the key objectives and\nbrings about positive economic and social impacts. The main\ndisadvantage of legislative changes would be the costs involved:\nMember States would have to make modifications to their legislative\nframeworks.
\nLEGAL BASIS: Article 79(2) points (a) and (b) of the\nTreaty on the Functioning of the European Union (TFEU).
\nCONTENT: the proposals overall objective is to\nsupport social, cultural and economic relationships between the EU\nand third countries, foster the transfer of skills and know-how and\npromote competitiveness while, at the same time, provide for\nsafeguards ensuring fair treatment of these groups of third-country\nnationals.
\nChapter I General provisions: the proposal has two specific objectives:
\nScope: the proposal\nextends the scope of the Student Directive to include\nremunerated trainees and au-pairs. The proposal would not,\nhowever, apply to third-country nationals who are EU long-term\nresidents given their more privileged status and their specific\ntype of residence permit, or refugees, those residing in a Member\nState on a strictly temporary basis in accordance with Union\nlegislation.
\nMember States may grant more favourable\nconditions for the persons to whom the proposal for Directive\napplies, however only in relation to certain specific provisions\nthat concern family members of researchers, rights to equal\ntreatment, economic activities and procedural\nsafeguards.
\nChapter II Admission:
\nGeneral principle: an\napplicant who satisfies all the general and specific conditions for\nadmission shall be granted a residence permit or a long-stay visa\nby the Member State where the application has been made. The\nproposal lays down the general conditions that applicants must\nfulfil in order to be admitted to a Member State, besides the\nspecific conditions that apply to the different categories of\nthird-country nationals laid down in the proposal. The general\nconditions are very much in line with those developed in the\nexisting acquis on legal migration, and include valid documents,\nsickness insurance and minimum resources.
\nSpecific conditions:
\n- the specific conditions of admission for\nresearchers which already exist in the Researchers'\nDirective are maintained. The proposal lists the elements that\nshould be contained in the hosting agreement: title and purpose of\nthe research project, the confirmation of the organisation that it\nis hosting the researcher so that he or she can complete the\nresearch project, the start and end date of the research project,\netc. For researchers to be aware of research organisations that can\nenter into hosting agreements, emphasis is placed in the proposal\non the need for the list of approved organisation to be publicly\navailable and up-dated regularly;
\n- for students, the specific conditions are\nthose in the Students Directive;
\n- for pupils, remunerated and unremunerated\ntrainees, volunteers and au-pairs, the specific\nconditions are that these persons are required to show evidence\nof the organisation that is responsible for their exchange,\ntraining or, volunteering.
\nChapter III Authorisations and duration of\nresidence: a series of provisions set\nout the information that should be included on the third-country\nnational's residence permit or long-term visa. For researchers\nand students an authorisation should be granted for at least\none year. For all other groups, the authorisation is limited to\none year as a rule, with the possibility for\nexceptions.
\nChapter IV Grounds for refusal, withdrawal or\nnon-renewal of authorisations: the\nprovisions lay down the mandatory and possible grounds for\nrefusing, withdrawing or not renewing an authorisation, such as the\ngeneral and specific conditions for admission no longer being met,\nfalse documents etc., which are standard conditions under the\nexisting migration Directives.
\nChapter V Rights:
\nto ensure the fair treatment of third-country\nnationals falling under the scope of the Directive, a new provision\nentitles them to equal treatment under the Single\nPermit Directive. More favourable rights to equal treatment\nwith nationals of the host Member State as regards branches of\nsocial security as defined in Regulation\nNo 883/2004 on the coordination of social security\nschemes are maintained for third-country national researchers,\nwithout the possibility for the limitations laid down by the Single\nPermit Directive. Furthermore, school pupils, volunteers,\nunremunerated trainees and au-pairs will benefit from equal\ntreatment rights with nationals of the host Member State as regards\naccess to goods and services and the supply of goods and\nservices made available to the public independently on whether\nUnion or national law gives them access to the labour\nmarket.
\nRight to work: provisions exist in the proposal\nwhereby researchers and students are given the right to\nwork, with Member States being able\nto set certain limits. Researchers, as was the case under\nDirective 2005/71, are allowed to teach in accordance with national\nlegislation. Regarding students, whereas under Directive\n2004/114/EC students were allowed to work for a minimum of 10 hours\nper week, this period has been increased to 20 hours. With\nrespect to students' access to economic activities, Member States\nmay continue take into consideration their labour market situation\nbut this should be done in a proportionate way in order not\nto systematically endanger the right to work.
\nThe proposal introduces the possibility for students\nand researchers, if they fulfil the general admission conditions of\nthe proposal (except for the condition on being a minor), to stay\nin the Member State for 12 months upon finalisation of their\nstudies/research in order to look for work or set up a\nbusiness. This provision has the potential to make the Member\nStates more competitive in the search for talents on a global\nstage. It would however not be an automatic work permit. In a\nperiod of more than 3 and less than 6 months, Member States could\nask the third-country nationals to provide documentation that they\nare genuinely seeking for a job (for example, copies of the letters\nand CVs sent to employers) or are in the process of setting up a\nbusiness. After 6 months, they could also ask third- country\nnationals to provide evidence that they have a genuine chance of\nbeing engaged or of launching a business.
\nThe proposal includes specific provisions on the\nadmission and access to the labour market of researchers' family\nmembers in derogation to Directive\n2003/86/EC with a view to increasing the EUs\nattractiveness to third-country national researchers.
\nChapter VI Mobility between Member\nStates: a series of articles set out\nthe conditions under which researchers, students and trainees can\nmove between the Member States, in order to facilitate such\nmobility:
\nChapter VII Procedure and\ntransparency: the proposal introduces\na time-limit that obliges Member States to decide on the\ncomplete application for an authorisation and notify the applicant\nin writing within 60 days (applying for all groups), and\nwithin 30 days for Union programmes including mobility\nmeasures. Procedural guarantees include the possibility of a legal\nchallenge against a decision rejecting an application as well as\nthe requirement for the authorities to give reasons for such\ndecisions in writing, and ensuring respect for the right to a legal\nremedy.
\nProvisions are also included in regard to\ncommunication: the Member States would be required to make\ninformation available on the entry and residence conditions as set\nby this proposal, including on approved research organisations and\non fees.
\nTaxes and fees: Member States may charge fees for the processing of\napplications. However, the amount of such fees should not endanger\nthe fulfilment of the Directive's objectives.
\nChapter VIII - Final provisions:\nMember States would be required to establish\nnational contact points to exchange information on third-country\nnationals covered by the proposal who move between Member States.\nSuch national contact points already exist in relation to certain\nexisting migration Directives such as the Blue Card Directive.\nMember States would be required to communicate to the Commission\nstatistics on the numbers of third-country nationals granted\nauthorisations.
\nBUDGETARY IMPLICATION: the proposal has no\nimplications for the EUs budget.
\nPURPOSE: to lay down the conditions of entry and\nresidence of third-country nationals for the purposes of research,\nstudies, pupil exchange, remunerated and unremunerated training,\nvoluntary service and au pairing.
\nPROPOSED ACT: Directive of the European Parliament and\nof the Council (recast of Directives 2005/71/EC and\n2004/114/EC).
\nROLE OF THE EUROPEAN PARLIAMENT: the European\nParliament decides in accordance with the ordinary legislative\nprocedure and on an equal footing with the Council.
\nBACKGROUND: the European Unions working age\npopulation has practically stopped growing and over the next couple\nof years it will start shrinking. The EU is also facing a situation\nof 'innovation emergency'. Europe is spending 0.8% of GDP less than\nthe US and 1.5% less than Japan every year on Research &\nDevelopment (R&D). in addition, thousands of the best\nresearchers and innovators have moved to countries where conditions\nare more favorable.
\nTo counterbalance this lack of manpower, immigration\nfrom outside the EU is one source of highly skilled people, and\nthird-country national students and researchers in particular are\ngroups which are increasingly sought after and which the EU needs\nto actively attract.
\nAllowing third-country nationals to acquire skills and\nknowledge through a period of training in Europe encourages\nbrain circulation and supports cooperation with third\ncountries.
\nHowever, in the absence of a clear legal framework,\nthere is also a risk of exploitation to which trainees and au-pairs\nare particularly exposed, with the subsequent risk of unfair\ncompetition on the labour market.
\nWith a view to better optimising those benefits and\nproperly tackling those risks, and taking account of the\nsimilarities of the challenges faced by these categories of\nmigrants, this proposal amends Council\nDirective 2004/114/EC (Students Directive) on\nthe conditions of admission of third country nationals for the\npurposes of studies, pupil exchange, unremunerated training or\nvoluntary service:
\nThe proposal seeks to remedy the shortcomings\nhighlighted in the implementation reports of the two Directives\n[see COM(2011)901\nand 587]\non the conditions of admissions in particular (visas, mobility\naspects ) and procedural safeguards.
\nIMPACT ASSESSMENT: the following options were\nconsidered:
\nOption 4 appears to be\nthe most cost-effective option to meet the key objectives and\nbrings about positive economic and social impacts. The main\ndisadvantage of legislative changes would be the costs involved:\nMember States would have to make modifications to their legislative\nframeworks.
\nLEGAL BASIS: Article 79(2) points (a) and (b) of the\nTreaty on the Functioning of the European Union (TFEU).
\nCONTENT: the proposals overall objective is to\nsupport social, cultural and economic relationships between the EU\nand third countries, foster the transfer of skills and know-how and\npromote competitiveness while, at the same time, provide for\nsafeguards ensuring fair treatment of these groups of third-country\nnationals.
\nChapter I General provisions: the proposal has two specific objectives:
\nScope: the proposal\nextends the scope of the Student Directive to include\nremunerated trainees and au-pairs. The proposal would not,\nhowever, apply to third-country nationals who are EU long-term\nresidents given their more privileged status and their specific\ntype of residence permit, or refugees, those residing in a Member\nState on a strictly temporary basis in accordance with Union\nlegislation.
\nMember States may grant more favourable\nconditions for the persons to whom the proposal for Directive\napplies, however only in relation to certain specific provisions\nthat concern family members of researchers, rights to equal\ntreatment, economic activities and procedural\nsafeguards.
\nChapter II Admission:
\nGeneral principle: an\napplicant who satisfies all the general and specific conditions for\nadmission shall be granted a residence permit or a long-stay visa\nby the Member State where the application has been made. The\nproposal lays down the general conditions that applicants must\nfulfil in order to be admitted to a Member State, besides the\nspecific conditions that apply to the different categories of\nthird-country nationals laid down in the proposal. The general\nconditions are very much in line with those developed in the\nexisting acquis on legal migration, and include valid documents,\nsickness insurance and minimum resources.
\nSpecific conditions:
\n- the specific conditions of admission for\nresearchers which already exist in the Researchers'\nDirective are maintained. The proposal lists the elements that\nshould be contained in the hosting agreement: title and purpose of\nthe research project, the confirmation of the organisation that it\nis hosting the researcher so that he or she can complete the\nresearch project, the start and end date of the research project,\netc. For researchers to be aware of research organisations that can\nenter into hosting agreements, emphasis is placed in the proposal\non the need for the list of approved organisation to be publicly\navailable and up-dated regularly;
\n- for students, the specific conditions are\nthose in the Students Directive;
\n- for pupils, remunerated and unremunerated\ntrainees, volunteers and au-pairs, the specific\nconditions are that these persons are required to show evidence\nof the organisation that is responsible for their exchange,\ntraining or, volunteering.
\nChapter III Authorisations and duration of\nresidence: a series of provisions set\nout the information that should be included on the third-country\nnational's residence permit or long-term visa. For researchers\nand students an authorisation should be granted for at least\none year. For all other groups, the authorisation is limited to\none year as a rule, with the possibility for\nexceptions.
\nChapter IV Grounds for refusal, withdrawal or\nnon-renewal of authorisations: the\nprovisions lay down the mandatory and possible grounds for\nrefusing, withdrawing or not renewing an authorisation, such as the\ngeneral and specific conditions for admission no longer being met,\nfalse documents etc., which are standard conditions under the\nexisting migration Directives.
\nChapter V Rights:
\nto ensure the fair treatment of third-country\nnationals falling under the scope of the Directive, a new provision\nentitles them to equal treatment under the Single\nPermit Directive. More favourable rights to equal treatment\nwith nationals of the host Member State as regards branches of\nsocial security as defined in Regulation\nNo 883/2004 on the coordination of social security\nschemes are maintained for third-country national researchers,\nwithout the possibility for the limitations laid down by the Single\nPermit Directive. Furthermore, school pupils, volunteers,\nunremunerated trainees and au-pairs will benefit from equal\ntreatment rights with nationals of the host Member State as regards\naccess to goods and services and the supply of goods and\nservices made available to the public independently on whether\nUnion or national law gives them access to the labour\nmarket.
\nRight to work: provisions exist in the proposal\nwhereby researchers and students are given the right to\nwork, with Member States being able\nto set certain limits. Researchers, as was the case under\nDirective 2005/71, are allowed to teach in accordance with national\nlegislation. Regarding students, whereas under Directive\n2004/114/EC students were allowed to work for a minimum of 10 hours\nper week, this period has been increased to 20 hours. With\nrespect to students' access to economic activities, Member States\nmay continue take into consideration their labour market situation\nbut this should be done in a proportionate way in order not\nto systematically endanger the right to work.
\nThe proposal introduces the possibility for students\nand researchers, if they fulfil the general admission conditions of\nthe proposal (except for the condition on being a minor), to stay\nin the Member State for 12 months upon finalisation of their\nstudies/research in order to look for work or set up a\nbusiness. This provision has the potential to make the Member\nStates more competitive in the search for talents on a global\nstage. It would however not be an automatic work permit. In a\nperiod of more than 3 and less than 6 months, Member States could\nask the third-country nationals to provide documentation that they\nare genuinely seeking for a job (for example, copies of the letters\nand CVs sent to employers) or are in the process of setting up a\nbusiness. After 6 months, they could also ask third- country\nnationals to provide evidence that they have a genuine chance of\nbeing engaged or of launching a business.
\nThe proposal includes specific provisions on the\nadmission and access to the labour market of researchers' family\nmembers in derogation to Directive\n2003/86/EC with a view to increasing the EUs\nattractiveness to third-country national researchers.
\nChapter VI Mobility between Member\nStates: a series of articles set out\nthe conditions under which researchers, students and trainees can\nmove between the Member States, in order to facilitate such\nmobility:
\nChapter VII Procedure and\ntransparency: the proposal introduces\na time-limit that obliges Member States to decide on the\ncomplete application for an authorisation and notify the applicant\nin writing within 60 days (applying for all groups), and\nwithin 30 days for Union programmes including mobility\nmeasures. Procedural guarantees include the possibility of a legal\nchallenge against a decision rejecting an application as well as\nthe requirement for the authorities to give reasons for such\ndecisions in writing, and ensuring respect for the right to a legal\nremedy.
\nProvisions are also included in regard to\ncommunication: the Member States would be required to make\ninformation available on the entry and residence conditions as set\nby this proposal, including on approved research organisations and\non fees.
\nTaxes and fees: Member States may charge fees for the processing of\napplications. However, the amount of such fees should not endanger\nthe fulfilment of the Directive's objectives.
\nChapter VIII - Final provisions:\nMember States would be required to establish\nnational contact points to exchange information on third-country\nnationals covered by the proposal who move between Member States.\nSuch national contact points already exist in relation to certain\nexisting migration Directives such as the Blue Card Directive.\nMember States would be required to communicate to the Commission\nstatistics on the numbers of third-country nationals granted\nauthorisations.
\nBUDGETARY IMPLICATION: the proposal has no\nimplications for the EUs budget.
\nThe Committee on Civil Liberties, Justice and Home\nAffairs adopted the report by Cecilia WIKSTRÖM (ALDE, SE) on\nthe proposal for a directive of the European Parliament and of the\nCouncil on the conditions of entry and residence of third-country\nnationals for the purposes of research, studies, pupil exchange,\nremunerated and unremunerated training, voluntary service and au\npairing (recast).
\nThe parliamentary committee recommended that the\nEuropean Parliaments position adopted at first reading under\nthe ordinary legislative procedure should be to amend the\nCommissions proposal as follows:
\nFees: Members considered\nthat Member States should consider waiving fees for entry and\nresidence of third-country nationals for the purposes of this\nDirective. Should Member States require third-country nationals to\npay fees, those should be proportionate to the purpose of\nthe stay and should not constitute an obstacle to the objectives of\nthe Directive.
\nInformation to be provided to applicants:\nMembers asked that Member States inform\nthird-country nationals of the rules applicable to their particular\ncase so as to ensure transparency and legal certainty and thus\nencourage them to come to the Union.
\nThird-country nationals should be provided with all\nthe information that is relevant to the procedure, including\ngeneral documentation about studies, exchange or research\nprogrammes but also specific information about applicants' rights\nand obligations, in a manner that is easily accessible and\nunderstandable.
\nNew definitions: host entity and host\nfamily: Members added two new\ndefinitions:
\nMore favourable provisions: Members extended the scope of the clause on more\nfavourable provisions to all the articles of the proposed\ndirective, with the exception of those relating to general and\nspecific conditions, so as to avoid non-harmonised conditions\nthroughout the European Union.
\nAdequate resources: Members support the Commissions proposal whereby\na third country national would have to provide evidence that s/he\nhas sufficient resources to cover subsistence, training and return\ntravel costs. Members consider, however, that it should not be\nnecessary to provide such evidence if the third-country national\nconcerned can prove that he/she is in receipt of a grant or\nscholarship, that he/she has received an undertaking of\nsponsorship from a host family or a firm offer of work or that an\norganisation operating pupil exchanges or the voluntary service\nscheme declares itself responsible for the subsistence of the pupil\nor the volunteer throughout the period of his/her stay.
\nNo limits on exchanges: Members deleted the Commissions text proposing\nthat Member States may confine the\nadmission of school pupils participating in an exchange scheme to\nnationals of third countries which offer the same possibility for\ntheir own nationals. Likewise, Members deleted a provision in the\nCommissions proposal requiring a trainee to prove that they\nhave previous relevant education or qualifications or professional\nexperience to benefit from the work experience.
\nMaternity costs: Members\nconsider that requiring an au-pair to provide extra separate\nevidence that the host family will cover costs related to maternity\nseems excessive.
\nAccreditation procedure: Members added a provision that after successful\nauthorisation and grant of a visa, the host entity should be\nregistered with an accreditation system, in order to facilitate\nfuture application procedures.
\nValidity of authorisations: Members consider that Member States should\nissue an authorisation for students which shall\nbe for a period of at least one year or, when the duration of\ntheir studies is longer than one year, for the whole duration of\ntheir studies. This would also be the case for au pairs who\nwould be authorised to remain for the entire pupil exchange\nprogramme.
\nReasons for refusal of authorisations:\nMembers listed the reasons for which Member\nStates might be able to refuse an authorisation:
\nMember States should not renew an authorisation\nfor the same reasons, but also if:
\nWhen a Member State withdraws an authorisation on one\nof the grounds cited above, the third-country national shall be\nentitled to stay on the territory of that Member State if he/she\nfinds another host entity or host family in order to finish his/her\nstudies or research or for another purpose for which the\nauthorisation was granted.
\nEqual treatment: Members\nsuggested that trainees and au-pairs should enjoy equal treatment rights with nationals of\nthe host Member State as regards the rights related to the Single\nPermit to work and reside on the territory of a Member\nState. The situation of the labour market in the host Member\nState should be taken into account, but not in a systematic manner\nwhich could result in students being excluded from the labour\nmarket.
\nStaying on the territory of a Member State after\nfinalisation of research or studies: Members suggested that after finalisation of research\nor studies in the Member State, third-country nationals should be\nentitled to stay on the territory of the Member State for a period\nof 18 months (instead of 12) in order to look for work or\nset up a business. In a period of more than six and less than nine\nmonths (instead of 3 and 6), third-country nationals could be\nrequested to provide evidence that they continue to seek employment\nor are in the process of setting up a business. After a period of\nnine months, third-country nationals could additionally be\nrequested to provide evidence that they have a genuine chance of\nbeing engaged or of launching a business.
\nFamily reunification: Members called for measures on family reunification\nfor researchers to be extended to students.
\nMobility rights between Member States:\nMembers extended the measures proposed by the\nDirective as regards mobility between Member States to\nvolunteers, as well as researchers, students, and trainees. Mobility\nmeasures provided for researchers in the framework of the European\nprogrammes should also be extended to volunteers and trainees\nwhether they are remunerated or not.
\nDelay for the authorisation procedure:\nMembers called on the competent authorities of\nthe Member States to decide on the complete application for an\nauthorisation and should notify the applicant in writing, as soon\nas possible and at the latest within 30 days (the Commission\nproposed 60 days) from the date on which the application was\nlodged. In the event that their national law provides for the\npossibility of an appeal before an administrative authority, the\ncompetent authorities of the Member States shall decide on the\nappeal at the latest within 30 days from the date on which the\nappeal was lodged.
\nFast-track procedure: the current Students Directive includes an article on\nfast-track-procedure for issuing residence permits or visas and the\nRapporteur suggests re-including this fast-track procedure for\nstudents and school pupils and extending it to\nresearchers.
\nApplication procedure: lastly, Members provided for a measure allowing Member\nStates to facilitate the application procedure by allowing\nthird-country nationals to apply and to be able to complete the\nprocedure for any Member State in the embassy or consulate of the\nMember State which is most convenient for the applicant.
\nThe European Parliament adopted by 578 votes to 79\nwith 21 abstentions, a legislative resolution on the proposal for a\ndirective of the European Parliament and of the Council on the\nconditions of entry and residence of third-country nationals for\nthe purposes of research, studies, pupil exchange, remunerated and\nunremunerated training, voluntary service and au pairing\n(recast).
\nParliaments position adopted at first reading\nunder the ordinary legislative procedure amended the\nCommissions proposal as follows:
\nFees: Parliament\nconsidered that Member States should consider waiving fees for\nentry and residence of third-country nationals for the purposes of\nthis Directive. Should Member States require third-country\nnationals to pay fees, those should\nbe proportionate to the purpose of the stay and\nshould not constitute an obstacle to the objectives of the\nDirective. Parliament also considered that where the third-country\nnational pays those fees, that third-country national should be\nentitled to be reimbursed by the host entity or the host family\nrespectively.
\nInformation to be provided to\napplicants: Parliament asked\nthat Member States inform third-country nationals of the rules\napplicable to their particular case so as to ensure transparency\nand legal certainty and thus encourage them to come to the\nUnion.
\nThird-country nationals should be provided with all\nthe information that is relevant to the procedure, including\ngeneral documentation about studies, exchange or research\nprogrammes but also specific information about applicants' rights\nand obligations, in a manner that is easily accessible and\nunderstandable.
\nNew definitions: host entity and host\nfamily: Parliament added two new\ndefinitions:
\n\n· \n'host entity' means the educational\nestablishment, research organisation, enterprise or vocational\ntraining establishment, organisation operating pupil exchanges or\norganisation responsible for the voluntary service scheme to which\nthe third-country national is assigned;
\n\n· \n'host family' means the family temporarily\nreceiving the au-pair and letting him/her share its daily family\nlife in the territory of a Member State on the basis of an\nagreement concluded between the host family and the\nau-pair.
\nMore favourable provisions: Parliament extended the scope of the clause on\nmore favourable provisions to all the articles of the\nproposed directive, with the exception of those relating to\ngeneral and specific conditions, so as to avoid non-harmonised\nconditions throughout the European Union.
\nAdequate resources: Parliament supported the Commissions\nproposal whereby a third country national would have to provide\nevidence that s/he has sufficient resources to cover subsistence,\ntraining and return travel costs. Members consider, however, that\nit should not be necessary to provide such evidence if the\nthird-country national concerned can prove that he/she is in\nreceipt of a grant or scholarship, that he/she has received an\nundertaking of sponsorship from a host family or a firm offer of\nwork or that an organisation operating pupil exchanges or the\nvoluntary service scheme declares itself responsible for the\nsubsistence of the pupil or the volunteer throughout the period of\nhis/her stay.
\nNo limits on exchanges: Parliament deleted the Commissions text\nproposing that Member States may confine the admission of\nschool pupils participating in an exchange scheme to nationals of\nthird countries which offer the same possibility for their own\nnationals. Likewise, Members deleted a provision in the\nCommissions proposal requiring a trainee to prove that they\nhave previous relevant education or qualifications or professional\nexperience to benefit from the work experience.
\nMaternity costs: Parliament considered that requiring an au-pair\nto provide extra separate evidence that the host family will cover\ncosts related to maternity seems excessive.
\nAccreditation procedure: Parliament added a provision that after\nsuccessful authorisation and grant of a visa, the host entity\nshould be registered with an accreditation system, in order to\nfacilitate future application procedures.
\nValidity of authorisations: Parliament considered that Member States\nshould issue an authorisation for students which shall be for\na period of at least one year or, when the duration of their\nstudies is longer than one year, for the whole duration of their\nstudies. This would also be the case for au pairs who would be\nauthorised to remain for the entire pupil exchange\nprogramme.
\nReasons for refusal of authorisations: Parliament listed the reasons for which Member\nStates might be able to refuse an authorisation:
\n\n· \nwhere the host entity has been sanctioned in\naccordance with national law for undeclared work and/or illegal\nemployment;
\n\n· \nwhere the host family, or, if applicable, any\nintermediary organisation involved in the placement of the au-pair,\nhas been sanctioned in accordance with national law for breach of\nthe conditions and/or objectives of au-pair placements and/or\nillegal employment;
\n\n· \nwhere the host entity or educational\nestablishment was established for the sole purpose of facilitating\nentry.
\nMember States should not renew an\nauthorisation for the same reasons, but also:
\n\n· \nwhere the host family has been sanctioned for\nbreach of the conditions and/or objectives of au-pair placements\nand/or for illegal employment;
\n\n· \nwhere the third-country national is residing for\npurposes other than those for which he/she was authorised to\nreside;
\n\n· \nwhen the maximum periods of access to the labour\nmarket are not respected;
\n\n· \nwhere the student does not make acceptable\nprogress in the relevant studies in\naccordance with national legislation or administrative\npractice. The Member State concerned may withdraw or refuse to\nrenew an authorisation on this ground only by a decision stating\nspecific reasons based on the evaluation of the educational\nestablishment, which shall be consulted on the student's\nprogress;
\n\n· \nfor reasons of public policy, public security or\npublic health. Public policy or public security grounds shall be\nbased exclusively on the personal conduct of the third-country\nnational concerned.
\nWhen a Member State withdraws an authorisation on one\nof the grounds cited above, the third-country national shall be\nentitled to stay on the territory of that Member State if\nhe/she finds another host entity or host family in order to\nfinish his/her studies or research or for another purpose\nfor which the authorisation was granted.
\nEqual treatment: Parliament suggested that trainees and au-pairs\nshould enjoy equal treatment rights with nationals of the host\nMember State as regards the rights related to the Single Permit to\nwork and reside on the territory of a Member State. The\nsituation of the labour market in the host Member State should be\ntaken into account, but not in a systematic manner which could\nresult in students being excluded from the labour\nmarket.
\nStaying on the territory of a Member State after\nfinalisation of research or studies: Parliament suggested that after finalisation of\nresearch or studies in the Member State, third-country nationals\nshould be entitled to stay on the territory of the Member State for\na period of 18 months (instead of 12) in order to\nlook for work or set up a business. In a period of more than six\nand less than nine months (instead of 3 and 6), third-country\nnationals could be requested to provide evidence that they continue\nto seek employment or are in the process of setting up a business.\nAfter a period of nine months, third-country nationals could\nadditionally be requested to provide evidence that they have a\ngenuine chance of being engaged or of launching a\nbusiness.
\nFamily reunification: Parliament called for measures on family\nreunification for researchers to be extended to\nstudents.
\nMobility rights between Member States: Parliament extended the measures proposed by\nthe Directive as regards mobility between Member States\nto volunteers, as well as researchers, students,\nand trainees. Mobility measures provided for researchers in the\nframework of the European programmes should also be extended to\nvolunteers and trainees whether they are remunerated or\nnot.
\nDelay for the authorisation procedure: Parliament called on the competent authorities\nof the Member States to decide on the complete application for an\nauthorisation and should notify the applicant in writing, as soon\nas possible and at the latest within 30 days (the\nCommission proposed 60 days) from the date on which the\napplication was lodged. In the event that their national law\nprovides for the possibility of an appeal before an administrative\nauthority, the competent authorities of the Member States shall\ndecide on the appeal at the latest within 30 days from the date on\nwhich the appeal was lodged.
\nFast-track procedure: the current Students Directive includes an\narticle on fast-track-procedure for issuing residence permits or\nvisas and Parliament re-included this fast-track procedure\nfor students and school pupils and extending it to\nresearchers.
\nApplication procedure: lastly, Parliament provided for a measure\nallowing Member States to facilitate the application procedure by\nallowing third-country nationals to apply and to be able to\ncomplete the procedure for any Member State in the embassy or\nconsulate of the Member State which is most convenient for the\napplicant.
\nPURPOSE: to lay down the conditions of entry and\nresidence of third-country nationals for the purposes of research,\nstudies, pupil exchange, remunerated and unremunerated training,\nvoluntary service and au pairing.
\nPROPOSED ACT: Directive of the European Parliament and\nof the Council (recast of Directives 2005/71/EC and\n2004/114/EC).
\nROLE OF THE EUROPEAN PARLIAMENT: the European\nParliament decides in accordance with the ordinary legislative\nprocedure and on an equal footing with the Council.
\nBACKGROUND: the European Unions working age\npopulation has practically stopped growing and over the next couple\nof years it will start shrinking. The EU is also facing a situation\nof 'innovation emergency'. Europe is spending 0.8% of GDP less than\nthe US and 1.5% less than Japan every year on Research &\nDevelopment (R&D). in addition, thousands of the best\nresearchers and innovators have moved to countries where conditions\nare more favorable.
\nTo counterbalance this lack of manpower, immigration\nfrom outside the EU is one source of highly skilled people, and\nthird-country national students and researchers in particular are\ngroups which are increasingly sought after and which the EU needs\nto actively attract.
\nAllowing third-country nationals to acquire skills and\nknowledge through a period of training in Europe encourages\nbrain circulation and supports cooperation with third\ncountries.
\nHowever, in the absence of a clear legal framework,\nthere is also a risk of exploitation to which trainees and au-pairs\nare particularly exposed, with the subsequent risk of unfair\ncompetition on the labour market.
\nWith a view to better optimising those benefits and\nproperly tackling those risks, and taking account of the\nsimilarities of the challenges faced by these categories of\nmigrants, this proposal amends Council\nDirective 2004/114/EC (Students Directive) on\nthe conditions of admission of third country nationals for the\npurposes of studies, pupil exchange, unremunerated training or\nvoluntary service:
\nThe proposal seeks to remedy the shortcomings\nhighlighted in the implementation reports of the two Directives\n[see COM(2011)901\nand 587]\non the conditions of admissions in particular (visas, mobility\naspects ) and procedural safeguards.
\nIMPACT ASSESSMENT: the following options were\nconsidered:
\nOption 4 appears to be\nthe most cost-effective option to meet the key objectives and\nbrings about positive economic and social impacts. The main\ndisadvantage of legislative changes would be the costs involved:\nMember States would have to make modifications to their legislative\nframeworks.
\nLEGAL BASIS: Article 79(2) points (a) and (b) of the\nTreaty on the Functioning of the European Union (TFEU).
\nCONTENT: the proposals overall objective is to\nsupport social, cultural and economic relationships between the EU\nand third countries, foster the transfer of skills and know-how and\npromote competitiveness while, at the same time, provide for\nsafeguards ensuring fair treatment of these groups of third-country\nnationals.
\nChapter I General provisions: the proposal has two specific objectives:
\nScope: the proposal\nextends the scope of the Student Directive to include\nremunerated trainees and au-pairs. The proposal would not,\nhowever, apply to third-country nationals who are EU long-term\nresidents given their more privileged status and their specific\ntype of residence permit, or refugees, those residing in a Member\nState on a strictly temporary basis in accordance with Union\nlegislation.
\nMember States may grant more favourable\nconditions for the persons to whom the proposal for Directive\napplies, however only in relation to certain specific provisions\nthat concern family members of researchers, rights to equal\ntreatment, economic activities and procedural\nsafeguards.
\nChapter II Admission:
\nGeneral principle: an\napplicant who satisfies all the general and specific conditions for\nadmission shall be granted a residence permit or a long-stay visa\nby the Member State where the application has been made. The\nproposal lays down the general conditions that applicants must\nfulfil in order to be admitted to a Member State, besides the\nspecific conditions that apply to the different categories of\nthird-country nationals laid down in the proposal. The general\nconditions are very much in line with those developed in the\nexisting acquis on legal migration, and include valid documents,\nsickness insurance and minimum resources.
\nSpecific conditions:
\n- the specific conditions of admission for\nresearchers which already exist in the Researchers'\nDirective are maintained. The proposal lists the elements that\nshould be contained in the hosting agreement: title and purpose of\nthe research project, the confirmation of the organisation that it\nis hosting the researcher so that he or she can complete the\nresearch project, the start and end date of the research project,\netc. For researchers to be aware of research organisations that can\nenter into hosting agreements, emphasis is placed in the proposal\non the need for the list of approved organisation to be publicly\navailable and up-dated regularly;
\n- for students, the specific conditions are\nthose in the Students Directive;
\n- for pupils, remunerated and unremunerated\ntrainees, volunteers and au-pairs, the specific\nconditions are that these persons are required to show evidence\nof the organisation that is responsible for their exchange,\ntraining or, volunteering.
\nChapter III Authorisations and duration of\nresidence: a series of provisions set\nout the information that should be included on the third-country\nnational's residence permit or long-term visa. For researchers\nand students an authorisation should be granted for at least\none year. For all other groups, the authorisation is limited to\none year as a rule, with the possibility for\nexceptions.
\nChapter IV Grounds for refusal, withdrawal or\nnon-renewal of authorisations: the\nprovisions lay down the mandatory and possible grounds for\nrefusing, withdrawing or not renewing an authorisation, such as the\ngeneral and specific conditions for admission no longer being met,\nfalse documents etc., which are standard conditions under the\nexisting migration Directives.
\nChapter V Rights:
\nto ensure the fair treatment of third-country\nnationals falling under the scope of the Directive, a new provision\nentitles them to equal treatment under the Single\nPermit Directive. More favourable rights to equal treatment\nwith nationals of the host Member State as regards branches of\nsocial security as defined in Regulation\nNo 883/2004 on the coordination of social security\nschemes are maintained for third-country national researchers,\nwithout the possibility for the limitations laid down by the Single\nPermit Directive. Furthermore, school pupils, volunteers,\nunremunerated trainees and au-pairs will benefit from equal\ntreatment rights with nationals of the host Member State as regards\naccess to goods and services and the supply of goods and\nservices made available to the public independently on whether\nUnion or national law gives them access to the labour\nmarket.
\nRight to work: provisions exist in the proposal\nwhereby researchers and students are given the right to\nwork, with Member States being able\nto set certain limits. Researchers, as was the case under\nDirective 2005/71, are allowed to teach in accordance with national\nlegislation. Regarding students, whereas under Directive\n2004/114/EC students were allowed to work for a minimum of 10 hours\nper week, this period has been increased to 20 hours. With\nrespect to students' access to economic activities, Member States\nmay continue take into consideration their labour market situation\nbut this should be done in a proportionate way in order not\nto systematically endanger the right to work.
\nThe proposal introduces the possibility for students\nand researchers, if they fulfil the general admission conditions of\nthe proposal (except for the condition on being a minor), to stay\nin the Member State for 12 months upon finalisation of their\nstudies/research in order to look for work or set up a\nbusiness. This provision has the potential to make the Member\nStates more competitive in the search for talents on a global\nstage. It would however not be an automatic work permit. In a\nperiod of more than 3 and less than 6 months, Member States could\nask the third-country nationals to provide documentation that they\nare genuinely seeking for a job (for example, copies of the letters\nand CVs sent to employers) or are in the process of setting up a\nbusiness. After 6 months, they could also ask third- country\nnationals to provide evidence that they have a genuine chance of\nbeing engaged or of launching a business.
\nThe proposal includes specific provisions on the\nadmission and access to the labour market of researchers' family\nmembers in derogation to Directive\n2003/86/EC with a view to increasing the EUs\nattractiveness to third-country national researchers.
\nChapter VI Mobility between Member\nStates: a series of articles set out\nthe conditions under which researchers, students and trainees can\nmove between the Member States, in order to facilitate such\nmobility:
\nChapter VII Procedure and\ntransparency: the proposal introduces\na time-limit that obliges Member States to decide on the\ncomplete application for an authorisation and notify the applicant\nin writing within 60 days (applying for all groups), and\nwithin 30 days for Union programmes including mobility\nmeasures. Procedural guarantees include the possibility of a legal\nchallenge against a decision rejecting an application as well as\nthe requirement for the authorities to give reasons for such\ndecisions in writing, and ensuring respect for the right to a legal\nremedy.
\nProvisions are also included in regard to\ncommunication: the Member States would be required to make\ninformation available on the entry and residence conditions as set\nby this proposal, including on approved research organisations and\non fees.
\nTaxes and fees: Member States may charge fees for the processing of\napplications. However, the amount of such fees should not endanger\nthe fulfilment of the Directive's objectives.
\nChapter VIII - Final provisions:\nMember States would be required to establish\nnational contact points to exchange information on third-country\nnationals covered by the proposal who move between Member States.\nSuch national contact points already exist in relation to certain\nexisting migration Directives such as the Blue Card Directive.\nMember States would be required to communicate to the Commission\nstatistics on the numbers of third-country nationals granted\nauthorisations.
\nBUDGETARY IMPLICATION: the proposal has no\nimplications for the EUs budget.
\nPURPOSE: to lay down the conditions of entry and\nresidence of third-country nationals for the purposes of research,\nstudies, pupil exchange, remunerated and unremunerated training,\nvoluntary service and au pairing.
\nPROPOSED ACT: Directive of the European Parliament and\nof the Council (recast of Directives 2005/71/EC and\n2004/114/EC).
\nROLE OF THE EUROPEAN PARLIAMENT: the European\nParliament decides in accordance with the ordinary legislative\nprocedure and on an equal footing with the Council.
\nBACKGROUND: the European Unions working age\npopulation has practically stopped growing and over the next couple\nof years it will start shrinking. The EU is also facing a situation\nof 'innovation emergency'. Europe is spending 0.8% of GDP less than\nthe US and 1.5% less than Japan every year on Research &\nDevelopment (R&D). in addition, thousands of the best\nresearchers and innovators have moved to countries where conditions\nare more favorable.
\nTo counterbalance this lack of manpower, immigration\nfrom outside the EU is one source of highly skilled people, and\nthird-country national students and researchers in particular are\ngroups which are increasingly sought after and which the EU needs\nto actively attract.
\nAllowing third-country nationals to acquire skills and\nknowledge through a period of training in Europe encourages\nbrain circulation and supports cooperation with third\ncountries.
\nHowever, in the absence of a clear legal framework,\nthere is also a risk of exploitation to which trainees and au-pairs\nare particularly exposed, with the subsequent risk of unfair\ncompetition on the labour market.
\nWith a view to better optimising those benefits and\nproperly tackling those risks, and taking account of the\nsimilarities of the challenges faced by these categories of\nmigrants, this proposal amends Council\nDirective 2004/114/EC (Students Directive) on\nthe conditions of admission of third country nationals for the\npurposes of studies, pupil exchange, unremunerated training or\nvoluntary service:
\nThe proposal seeks to remedy the shortcomings\nhighlighted in the implementation reports of the two Directives\n[see COM(2011)901\nand 587]\non the conditions of admissions in particular (visas, mobility\naspects ) and procedural safeguards.
\nIMPACT ASSESSMENT: the following options were\nconsidered:
\nOption 4 appears to be\nthe most cost-effective option to meet the key objectives and\nbrings about positive economic and social impacts. The main\ndisadvantage of legislative changes would be the costs involved:\nMember States would have to make modifications to their legislative\nframeworks.
\nLEGAL BASIS: Article 79(2) points (a) and (b) of the\nTreaty on the Functioning of the European Union (TFEU).
\nCONTENT: the proposals overall objective is to\nsupport social, cultural and economic relationships between the EU\nand third countries, foster the transfer of skills and know-how and\npromote competitiveness while, at the same time, provide for\nsafeguards ensuring fair treatment of these groups of third-country\nnationals.
\nChapter I General provisions: the proposal has two specific objectives:
\nScope: the proposal\nextends the scope of the Student Directive to include\nremunerated trainees and au-pairs. The proposal would not,\nhowever, apply to third-country nationals who are EU long-term\nresidents given their more privileged status and their specific\ntype of residence permit, or refugees, those residing in a Member\nState on a strictly temporary basis in accordance with Union\nlegislation.
\nMember States may grant more favourable\nconditions for the persons to whom the proposal for Directive\napplies, however only in relation to certain specific provisions\nthat concern family members of researchers, rights to equal\ntreatment, economic activities and procedural\nsafeguards.
\nChapter II Admission:
\nGeneral principle: an\napplicant who satisfies all the general and specific conditions for\nadmission shall be granted a residence permit or a long-stay visa\nby the Member State where the application has been made. The\nproposal lays down the general conditions that applicants must\nfulfil in order to be admitted to a Member State, besides the\nspecific conditions that apply to the different categories of\nthird-country nationals laid down in the proposal. The general\nconditions are very much in line with those developed in the\nexisting acquis on legal migration, and include valid documents,\nsickness insurance and minimum resources.
\nSpecific conditions:
\n- the specific conditions of admission for\nresearchers which already exist in the Researchers'\nDirective are maintained. The proposal lists the elements that\nshould be contained in the hosting agreement: title and purpose of\nthe research project, the confirmation of the organisation that it\nis hosting the researcher so that he or she can complete the\nresearch project, the start and end date of the research project,\netc. For researchers to be aware of research organisations that can\nenter into hosting agreements, emphasis is placed in the proposal\non the need for the list of approved organisation to be publicly\navailable and up-dated regularly;
\n- for students, the specific conditions are\nthose in the Students Directive;
\n- for pupils, remunerated and unremunerated\ntrainees, volunteers and au-pairs, the specific\nconditions are that these persons are required to show evidence\nof the organisation that is responsible for their exchange,\ntraining or, volunteering.
\nChapter III Authorisations and duration of\nresidence: a series of provisions set\nout the information that should be included on the third-country\nnational's residence permit or long-term visa. For researchers\nand students an authorisation should be granted for at least\none year. For all other groups, the authorisation is limited to\none year as a rule, with the possibility for\nexceptions.
\nChapter IV Grounds for refusal, withdrawal or\nnon-renewal of authorisations: the\nprovisions lay down the mandatory and possible grounds for\nrefusing, withdrawing or not renewing an authorisation, such as the\ngeneral and specific conditions for admission no longer being met,\nfalse documents etc., which are standard conditions under the\nexisting migration Directives.
\nChapter V Rights:
\nto ensure the fair treatment of third-country\nnationals falling under the scope of the Directive, a new provision\nentitles them to equal treatment under the Single\nPermit Directive. More favourable rights to equal treatment\nwith nationals of the host Member State as regards branches of\nsocial security as defined in Regulation\nNo 883/2004 on the coordination of social security\nschemes are maintained for third-country national researchers,\nwithout the possibility for the limitations laid down by the Single\nPermit Directive. Furthermore, school pupils, volunteers,\nunremunerated trainees and au-pairs will benefit from equal\ntreatment rights with nationals of the host Member State as regards\naccess to goods and services and the supply of goods and\nservices made available to the public independently on whether\nUnion or national law gives them access to the labour\nmarket.
\nRight to work: provisions exist in the proposal\nwhereby researchers and students are given the right to\nwork, with Member States being able\nto set certain limits. Researchers, as was the case under\nDirective 2005/71, are allowed to teach in accordance with national\nlegislation. Regarding students, whereas under Directive\n2004/114/EC students were allowed to work for a minimum of 10 hours\nper week, this period has been increased to 20 hours. With\nrespect to students' access to economic activities, Member States\nmay continue take into consideration their labour market situation\nbut this should be done in a proportionate way in order not\nto systematically endanger the right to work.
\nThe proposal introduces the possibility for students\nand researchers, if they fulfil the general admission conditions of\nthe proposal (except for the condition on being a minor), to stay\nin the Member State for 12 months upon finalisation of their\nstudies/research in order to look for work or set up a\nbusiness. This provision has the potential to make the Member\nStates more competitive in the search for talents on a global\nstage. It would however not be an automatic work permit. In a\nperiod of more than 3 and less than 6 months, Member States could\nask the third-country nationals to provide documentation that they\nare genuinely seeking for a job (for example, copies of the letters\nand CVs sent to employers) or are in the process of setting up a\nbusiness. After 6 months, they could also ask third- country\nnationals to provide evidence that they have a genuine chance of\nbeing engaged or of launching a business.
\nThe proposal includes specific provisions on the\nadmission and access to the labour market of researchers' family\nmembers in derogation to Directive\n2003/86/EC with a view to increasing the EUs\nattractiveness to third-country national researchers.
\nChapter VI Mobility between Member\nStates: a series of articles set out\nthe conditions under which researchers, students and trainees can\nmove between the Member States, in order to facilitate such\nmobility:
\nChapter VII Procedure and\ntransparency: the proposal introduces\na time-limit that obliges Member States to decide on the\ncomplete application for an authorisation and notify the applicant\nin writing within 60 days (applying for all groups), and\nwithin 30 days for Union programmes including mobility\nmeasures. Procedural guarantees include the possibility of a legal\nchallenge against a decision rejecting an application as well as\nthe requirement for the authorities to give reasons for such\ndecisions in writing, and ensuring respect for the right to a legal\nremedy.
\nProvisions are also included in regard to\ncommunication: the Member States would be required to make\ninformation available on the entry and residence conditions as set\nby this proposal, including on approved research organisations and\non fees.
\nTaxes and fees: Member States may charge fees for the processing of\napplications. However, the amount of such fees should not endanger\nthe fulfilment of the Directive's objectives.
\nChapter VIII - Final provisions:\nMember States would be required to establish\nnational contact points to exchange information on third-country\nnationals covered by the proposal who move between Member States.\nSuch national contact points already exist in relation to certain\nexisting migration Directives such as the Blue Card Directive.\nMember States would be required to communicate to the Commission\nstatistics on the numbers of third-country nationals granted\nauthorisations.
\nBUDGETARY IMPLICATION: the proposal has no\nimplications for the EUs budget.
\nThe Council adopted its position at first reading with\na view to the adoption of a Directive of the European Parliament\nand of the Council on the conditions of entry and residence of\nthird-country nationals for the purposes of research, studies,\ntraining, voluntary service, pupil exchange schemes or educational\nprojects and au pairing (recast).
\nThe proposed Directive aims to:
\nScope: in the Council's\nposition only researchers, students, trainees and volunteers in the\nEuropean Voluntary Service appear as mandatory categories.\nThe categories of pupils, other volunteers and au-pairs are\noptional in the Council's position.
\nRegarding trainees, the Council decided to do\naway with the distinction between remunerated and unremunerated\ntrainees. On the other hand, the category of volunteers has been\nsplit into those volunteers participating in the European Voluntary\nService and others.
\nMore favourable provisions: Member States may either adopt or maintain more\nfavourable provisions.. Member States are also given the\npossibility to provide for authorisations with a longer duration\nthan what is provided for in the Directive.
\nPrinciples: the Council\nposition enables Member Stats to require the applicant to present\nthe documentary evidence required under this Directive for the\npurposes of admission, either in an official language of the Member\nState concerned or in any official language of the EU as determined\nby the Member State concerned.
\nVolumes of admission:\nthe Council reiterates the principle set out in Article 79(5) TFEU\nconcerning the right of Member States to determine the volumes of\nadmission of third-country nationals coming to their territory for\nthe purpose of work. The Council clarifies that this principle can\nonly apply if the specific category of third-country nationals is\nconsidered to be in an employment relationship in the Member\nState concerned. It, furthermore, explicitly mentions that the\nvolumes of admission can never be applied to students, even\nif they are allowed to work during their studies, as by definition\nthey apply to be admitted for the purpose of study.
\nGeneral conditions for admission: the Council position list, in addition to the valid\ntravel document, all possible documents that can be required\nfor entry purposes, depending on the specific national system or\nthe specific situation of the third-country national. It also\ninserts a new provision enabling Member States to indicate a\nreference amount which they regard as constituting \"sufficient\nresources\" as well as a provision enabling Member States to\nrequire the applicant to provide the address of the\nthird-country national concerned in its territory.
\nIn addition, the Council position:
\nApproval of host entities: Member States shall be free to decide whether\nthey will require that admission under this Directive will take\nplace through approved host entities or not.
\nThe category of researchers: the definition of researchers is enlarged by adding\nthat, in addition to holding a degree giving access to doctoral\nprogrammes, they can also be holders of a doctoral degree. The\nCouncil position:
\nThe category of students: the Council adds a specification that the full-time\ncourse of study in the EU, for which the student is admitted, can\nalso include a period of training as part of these\nstudies.
\nIn order to allow students to cover part of the cost\nof their studies they shall be entitled to have access to the\nlabour market of the Member State where the studies are\nundertaken. The Council modifies the Commission proposal by setting\nthe minimum amount of hours that students are allowed to\nwork per week at 15, a balanced compromise taking into\naccount the different national practices.
\nThe Council position explains that access of students\nto the labour market should be the general rule and Member States\nshould take the situation in their labour markets into account only\nin exceptional circumstances.
\nAuthorisations to be granted under this\nDirective: the Council adds further\ndetails to the initial Commission proposal concerning the various\nterms to be entered on the authorisations.
\nThe period of validity of an authorisation for\nresearchers shall be at least one year, or for the duration\nof the hosting agreement where this is shorter.
\nMember States may allow for the renewal of the\nauthorisations of school pupils and au-pairs under certain\nconditions. In addition, the Council position provides that the\nduration of the authorisation for researchers and students, who are\ncovered by Union or multilateral programmes that comprise mobility\nmeasures, shall be at least two years or equal to the\nduration of the hosting agreement or studies in case this is\nshorter (provided certain conditions are met).
\nAs far as trainees are concerned, the Council\nset out that the duration of the authorisation shall be for a\nmaximum period of six months. Member States may, however,\nprovide for a longer duration corresponding to the duration of the\ntraining agreement in accordance with national law.
\nGrounds for rejection of an\nauthorisation: the Council position\nconverts a number of the mandatory grounds for rejection into\noptional ones. The wording in some of those provisions has,\nhowever, been aligned with the one in the corresponding provisions\nof the ICT\nand Seasonal\nWorkers' Directives.
\nThe Council also inserts several new optional grounds\nfor rejection. It deems important that Member States are able to\nreject an application: (i) if the host entity or the host family\ndoes not meet the terms of employment as provided for by\napplicable laws, collective agreements or practices of the Member\nState concerned; (ii)where it establishes that the third-country\nnational would reside for purposes other than for which he or\nshe applies to be admitted.
\nAny decision to reject an application shall take\naccount of the specific circumstances of the case and respect the\nprinciple of proportionality.
\nRight to equal treatment: the rights set out in the Single\nPermit Directive together with the possible restrictions\nprovided therein apply to researchers and students, as well as\ntrainees, volunteers and au-pairs when they are considered to be in\nan employment relationship in the Member State concerned
\nStay for the purpose of job-searching or\nentrepreneurship: the Council\nposition provides for the possibility for researchers and students\nto stay on the territory of the Member State that had issued them\nan authorisation under this Directive, to seek employment or set up\na business for a period of at least 9 months.
\nThe period after which the Member State concerned may\nrequire third-country nationals to prove that they have a genuine\nchance of being engaged or of launching a business is a minimum\nof 3 months.
\nThe Council also enables Member States to set a\nminimum level of degree (which cannot be higher than a\nMaster's degree or the equivalent) that students must have achieved\nin order to benefit from this right.
\nThe European Parliament adopted a legislative\nresolution on the Council position at first reading with a view to\nthe adoption of a directive of the European Parliament and of the\nCouncil on the conditions of entry and residence of third-country\nnationals for the purposes of research, studies, training,\nvoluntary service, pupil exchange schemes or educational projects\nand au pairing (recast).
\nIn line with the recommendation for second reading\nmade by the Committee on Civil Liberties, Justice and Home Affairs,\nParliament approved, unamended, the Council position at first\nreading.
\nParliament also approved a joint statement by the\nEuropean Parliament and the Commission on the ground for\nrejection specified in point (f) of Article 20(2).
\nThe European Parliament and the Commission understand\npoint (f) of Article 20(2) of this Directive as allowing Member\nStates to reject an application only on a case-by-case basis and\ntaking into account the specific circumstances of the third-country\nnational and the principle of proportionality and on the basis of\nevidence or serious and objective reasons.
\nThe Commission will ensure that Member States\nimplement this provision in line with this interpretation when\ntransposing the Directive, and will inform the Parliament and the\nCouncil thereof.
\nThe European Parliament and the Commission consider\nthat the inclusion of this provision in this Directive should not\nconstitute a precedent for future legal migration\ninstruments.
\nThe Committee on Civil Liberties, Justice and Home\nAffairs adopted the recommendation for second reading contained in\nthe report by Cecilia WIKSTRÖM (ADLE, SE) on the Council\nposition at first reading with a view to the adoption of a\ndirective of the European Parliament and of the Council on the\nconditions of entry and residence of third-country nationals for\nthe purposes of research, studies, training, voluntary service,\npupil exchange schemes or educational projects and au pairing\n(recast).
\nThe committee recommended the European Parliament to\napprove the Council position at first reading without\namendment.
\nIt also approved a joint statement by the European\nParliament and the Commission on the ground for rejection specified\nin point (f) of Article 20(2).
\nThe European Parliament and the Commission understand\npoint (f) of Article 20(2) of this Directive as allowing Member\nStates to reject an application only on a case-by-case basis and\ntaking into account the specific circumstances of the third-country\nnational and the principle of proportionality and on the basis of\nevidence or serious and objective reasons. The inclusion of this\nprovision in this Directive should not constitute a precedent for\nfuture legal migration instruments.
\nPURPOSE: to lay down the conditions of entry and\nresidence of third-country nationals for the purposes of research,\nstudies, pupil exchange, remunerated and unremunerated training,\nvoluntary service and au pairing.
\nPROPOSED ACT: Directive of the European Parliament and\nof the Council (recast of Directives 2005/71/EC and\n2004/114/EC).
\nROLE OF THE EUROPEAN PARLIAMENT: the European\nParliament decides in accordance with the ordinary legislative\nprocedure and on an equal footing with the Council.
\nBACKGROUND: the European Unions working age\npopulation has practically stopped growing and over the next couple\nof years it will start shrinking. The EU is also facing a situation\nof 'innovation emergency'. Europe is spending 0.8% of GDP less than\nthe US and 1.5% less than Japan every year on Research &\nDevelopment (R&D). in addition, thousands of the best\nresearchers and innovators have moved to countries where conditions\nare more favorable.
\nTo counterbalance this lack of manpower, immigration\nfrom outside the EU is one source of highly skilled people, and\nthird-country national students and researchers in particular are\ngroups which are increasingly sought after and which the EU needs\nto actively attract.
\nAllowing third-country nationals to acquire skills and\nknowledge through a period of training in Europe encourages\nbrain circulation and supports cooperation with third\ncountries.
\nHowever, in the absence of a clear legal framework,\nthere is also a risk of exploitation to which trainees and au-pairs\nare particularly exposed, with the subsequent risk of unfair\ncompetition on the labour market.
\nWith a view to better optimising those benefits and\nproperly tackling those risks, and taking account of the\nsimilarities of the challenges faced by these categories of\nmigrants, this proposal amends Council\nDirective 2004/114/EC (Students Directive) on\nthe conditions of admission of third country nationals for the\npurposes of studies, pupil exchange, unremunerated training or\nvoluntary service:
\nThe proposal seeks to remedy the shortcomings\nhighlighted in the implementation reports of the two Directives\n[see COM(2011)901\nand 587]\non the conditions of admissions in particular (visas, mobility\naspects ) and procedural safeguards.
\nIMPACT ASSESSMENT: the following options were\nconsidered:
\nOption 4 appears to be\nthe most cost-effective option to meet the key objectives and\nbrings about positive economic and social impacts. The main\ndisadvantage of legislative changes would be the costs involved:\nMember States would have to make modifications to their legislative\nframeworks.
\nLEGAL BASIS: Article 79(2) points (a) and (b) of the\nTreaty on the Functioning of the European Union (TFEU).
\nCONTENT: the proposals overall objective is to\nsupport social, cultural and economic relationships between the EU\nand third countries, foster the transfer of skills and know-how and\npromote competitiveness while, at the same time, provide for\nsafeguards ensuring fair treatment of these groups of third-country\nnationals.
\nChapter I General provisions: the proposal has two specific objectives:
\nScope: the proposal\nextends the scope of the Student Directive to include\nremunerated trainees and au-pairs. The proposal would not,\nhowever, apply to third-country nationals who are EU long-term\nresidents given their more privileged status and their specific\ntype of residence permit, or refugees, those residing in a Member\nState on a strictly temporary basis in accordance with Union\nlegislation.
\nMember States may grant more favourable\nconditions for the persons to whom the proposal for Directive\napplies, however only in relation to certain specific provisions\nthat concern family members of researchers, rights to equal\ntreatment, economic activities and procedural\nsafeguards.
\nChapter II Admission:
\nGeneral principle: an\napplicant who satisfies all the general and specific conditions for\nadmission shall be granted a residence permit or a long-stay visa\nby the Member State where the application has been made. The\nproposal lays down the general conditions that applicants must\nfulfil in order to be admitted to a Member State, besides the\nspecific conditions that apply to the different categories of\nthird-country nationals laid down in the proposal. The general\nconditions are very much in line with those developed in the\nexisting acquis on legal migration, and include valid documents,\nsickness insurance and minimum resources.
\nSpecific conditions:
\n- the specific conditions of admission for\nresearchers which already exist in the Researchers'\nDirective are maintained. The proposal lists the elements that\nshould be contained in the hosting agreement: title and purpose of\nthe research project, the confirmation of the organisation that it\nis hosting the researcher so that he or she can complete the\nresearch project, the start and end date of the research project,\netc. For researchers to be aware of research organisations that can\nenter into hosting agreements, emphasis is placed in the proposal\non the need for the list of approved organisation to be publicly\navailable and up-dated regularly;
\n- for students, the specific conditions are\nthose in the Students Directive;
\n- for pupils, remunerated and unremunerated\ntrainees, volunteers and au-pairs, the specific\nconditions are that these persons are required to show evidence\nof the organisation that is responsible for their exchange,\ntraining or, volunteering.
\nChapter III Authorisations and duration of\nresidence: a series of provisions set\nout the information that should be included on the third-country\nnational's residence permit or long-term visa. For researchers\nand students an authorisation should be granted for at least\none year. For all other groups, the authorisation is limited to\none year as a rule, with the possibility for\nexceptions.
\nChapter IV Grounds for refusal, withdrawal or\nnon-renewal of authorisations: the\nprovisions lay down the mandatory and possible grounds for\nrefusing, withdrawing or not renewing an authorisation, such as the\ngeneral and specific conditions for admission no longer being met,\nfalse documents etc., which are standard conditions under the\nexisting migration Directives.
\nChapter V Rights:
\nto ensure the fair treatment of third-country\nnationals falling under the scope of the Directive, a new provision\nentitles them to equal treatment under the Single\nPermit Directive. More favourable rights to equal treatment\nwith nationals of the host Member State as regards branches of\nsocial security as defined in Regulation\nNo 883/2004 on the coordination of social security\nschemes are maintained for third-country national researchers,\nwithout the possibility for the limitations laid down by the Single\nPermit Directive. Furthermore, school pupils, volunteers,\nunremunerated trainees and au-pairs will benefit from equal\ntreatment rights with nationals of the host Member State as regards\naccess to goods and services and the supply of goods and\nservices made available to the public independently on whether\nUnion or national law gives them access to the labour\nmarket.
\nRight to work: provisions exist in the proposal\nwhereby researchers and students are given the right to\nwork, with Member States being able\nto set certain limits. Researchers, as was the case under\nDirective 2005/71, are allowed to teach in accordance with national\nlegislation. Regarding students, whereas under Directive\n2004/114/EC students were allowed to work for a minimum of 10 hours\nper week, this period has been increased to 20 hours. With\nrespect to students' access to economic activities, Member States\nmay continue take into consideration their labour market situation\nbut this should be done in a proportionate way in order not\nto systematically endanger the right to work.
\nThe proposal introduces the possibility for students\nand researchers, if they fulfil the general admission conditions of\nthe proposal (except for the condition on being a minor), to stay\nin the Member State for 12 months upon finalisation of their\nstudies/research in order to look for work or set up a\nbusiness. This provision has the potential to make the Member\nStates more competitive in the search for talents on a global\nstage. It would however not be an automatic work permit. In a\nperiod of more than 3 and less than 6 months, Member States could\nask the third-country nationals to provide documentation that they\nare genuinely seeking for a job (for example, copies of the letters\nand CVs sent to employers) or are in the process of setting up a\nbusiness. After 6 months, they could also ask third- country\nnationals to provide evidence that they have a genuine chance of\nbeing engaged or of launching a business.
\nThe proposal includes specific provisions on the\nadmission and access to the labour market of researchers' family\nmembers in derogation to Directive\n2003/86/EC with a view to increasing the EUs\nattractiveness to third-country national researchers.
\nChapter VI Mobility between Member\nStates: a series of articles set out\nthe conditions under which researchers, students and trainees can\nmove between the Member States, in order to facilitate such\nmobility:
\nChapter VII Procedure and\ntransparency: the proposal introduces\na time-limit that obliges Member States to decide on the\ncomplete application for an authorisation and notify the applicant\nin writing within 60 days (applying for all groups), and\nwithin 30 days for Union programmes including mobility\nmeasures. Procedural guarantees include the possibility of a legal\nchallenge against a decision rejecting an application as well as\nthe requirement for the authorities to give reasons for such\ndecisions in writing, and ensuring respect for the right to a legal\nremedy.
\nProvisions are also included in regard to\ncommunication: the Member States would be required to make\ninformation available on the entry and residence conditions as set\nby this proposal, including on approved research organisations and\non fees.
\nTaxes and fees: Member States may charge fees for the processing of\napplications. However, the amount of such fees should not endanger\nthe fulfilment of the Directive's objectives.
\nChapter VIII - Final provisions:\nMember States would be required to establish\nnational contact points to exchange information on third-country\nnationals covered by the proposal who move between Member States.\nSuch national contact points already exist in relation to certain\nexisting migration Directives such as the Blue Card Directive.\nMember States would be required to communicate to the Commission\nstatistics on the numbers of third-country nationals granted\nauthorisations.
\nBUDGETARY IMPLICATION: the proposal has no\nimplications for the EUs budget.
\nThe Committee on Civil Liberties, Justice and Home\nAffairs adopted the report by Cecilia WIKSTRÖM (ALDE, SE) on\nthe proposal for a directive of the European Parliament and of the\nCouncil on the conditions of entry and residence of third-country\nnationals for the purposes of research, studies, pupil exchange,\nremunerated and unremunerated training, voluntary service and au\npairing (recast).
\nThe parliamentary committee recommended that the\nEuropean Parliaments position adopted at first reading under\nthe ordinary legislative procedure should be to amend the\nCommissions proposal as follows:
\nFees: Members considered\nthat Member States should consider waiving fees for entry and\nresidence of third-country nationals for the purposes of this\nDirective. Should Member States require third-country nationals to\npay fees, those should be proportionate to the purpose of\nthe stay and should not constitute an obstacle to the objectives of\nthe Directive.
\nInformation to be provided to applicants:\nMembers asked that Member States inform\nthird-country nationals of the rules applicable to their particular\ncase so as to ensure transparency and legal certainty and thus\nencourage them to come to the Union.
\nThird-country nationals should be provided with all\nthe information that is relevant to the procedure, including\ngeneral documentation about studies, exchange or research\nprogrammes but also specific information about applicants' rights\nand obligations, in a manner that is easily accessible and\nunderstandable.
\nNew definitions: host entity and host\nfamily: Members added two new\ndefinitions:
\nMore favourable provisions: Members extended the scope of the clause on more\nfavourable provisions to all the articles of the proposed\ndirective, with the exception of those relating to general and\nspecific conditions, so as to avoid non-harmonised conditions\nthroughout the European Union.
\nAdequate resources: Members support the Commissions proposal whereby\na third country national would have to provide evidence that s/he\nhas sufficient resources to cover subsistence, training and return\ntravel costs. Members consider, however, that it should not be\nnecessary to provide such evidence if the third-country national\nconcerned can prove that he/she is in receipt of a grant or\nscholarship, that he/she has received an undertaking of\nsponsorship from a host family or a firm offer of work or that an\norganisation operating pupil exchanges or the voluntary service\nscheme declares itself responsible for the subsistence of the pupil\nor the volunteer throughout the period of his/her stay.
\nNo limits on exchanges: Members deleted the Commissions text proposing\nthat Member States may confine the\nadmission of school pupils participating in an exchange scheme to\nnationals of third countries which offer the same possibility for\ntheir own nationals. Likewise, Members deleted a provision in the\nCommissions proposal requiring a trainee to prove that they\nhave previous relevant education or qualifications or professional\nexperience to benefit from the work experience.
\nMaternity costs: Members\nconsider that requiring an au-pair to provide extra separate\nevidence that the host family will cover costs related to maternity\nseems excessive.
\nAccreditation procedure: Members added a provision that after successful\nauthorisation and grant of a visa, the host entity should be\nregistered with an accreditation system, in order to facilitate\nfuture application procedures.
\nValidity of authorisations: Members consider that Member States should\nissue an authorisation for students which shall\nbe for a period of at least one year or, when the duration of\ntheir studies is longer than one year, for the whole duration of\ntheir studies. This would also be the case for au pairs who\nwould be authorised to remain for the entire pupil exchange\nprogramme.
\nReasons for refusal of authorisations:\nMembers listed the reasons for which Member\nStates might be able to refuse an authorisation:
\nMember States should not renew an authorisation\nfor the same reasons, but also if:
\nWhen a Member State withdraws an authorisation on one\nof the grounds cited above, the third-country national shall be\nentitled to stay on the territory of that Member State if he/she\nfinds another host entity or host family in order to finish his/her\nstudies or research or for another purpose for which the\nauthorisation was granted.
\nEqual treatment: Members\nsuggested that trainees and au-pairs should enjoy equal treatment rights with nationals of\nthe host Member State as regards the rights related to the Single\nPermit to work and reside on the territory of a Member\nState. The situation of the labour market in the host Member\nState should be taken into account, but not in a systematic manner\nwhich could result in students being excluded from the labour\nmarket.
\nStaying on the territory of a Member State after\nfinalisation of research or studies: Members suggested that after finalisation of research\nor studies in the Member State, third-country nationals should be\nentitled to stay on the territory of the Member State for a period\nof 18 months (instead of 12) in order to look for work or\nset up a business. In a period of more than six and less than nine\nmonths (instead of 3 and 6), third-country nationals could be\nrequested to provide evidence that they continue to seek employment\nor are in the process of setting up a business. After a period of\nnine months, third-country nationals could additionally be\nrequested to provide evidence that they have a genuine chance of\nbeing engaged or of launching a business.
\nFamily reunification: Members called for measures on family reunification\nfor researchers to be extended to students.
\nMobility rights between Member States:\nMembers extended the measures proposed by the\nDirective as regards mobility between Member States to\nvolunteers, as well as researchers, students, and trainees. Mobility\nmeasures provided for researchers in the framework of the European\nprogrammes should also be extended to volunteers and trainees\nwhether they are remunerated or not.
\nDelay for the authorisation procedure:\nMembers called on the competent authorities of\nthe Member States to decide on the complete application for an\nauthorisation and should notify the applicant in writing, as soon\nas possible and at the latest within 30 days (the Commission\nproposed 60 days) from the date on which the application was\nlodged. In the event that their national law provides for the\npossibility of an appeal before an administrative authority, the\ncompetent authorities of the Member States shall decide on the\nappeal at the latest within 30 days from the date on which the\nappeal was lodged.
\nFast-track procedure: the current Students Directive includes an article on\nfast-track-procedure for issuing residence permits or visas and the\nRapporteur suggests re-including this fast-track procedure for\nstudents and school pupils and extending it to\nresearchers.
\nApplication procedure: lastly, Members provided for a measure allowing Member\nStates to facilitate the application procedure by allowing\nthird-country nationals to apply and to be able to complete the\nprocedure for any Member State in the embassy or consulate of the\nMember State which is most convenient for the applicant.
\nThe European Parliament adopted by 578 votes to 79\nwith 21 abstentions, a legislative resolution on the proposal for a\ndirective of the European Parliament and of the Council on the\nconditions of entry and residence of third-country nationals for\nthe purposes of research, studies, pupil exchange, remunerated and\nunremunerated training, voluntary service and au pairing\n(recast).
\nParliaments position adopted at first reading\nunder the ordinary legislative procedure amended the\nCommissions proposal as follows:
\nFees: Parliament\nconsidered that Member States should consider waiving fees for\nentry and residence of third-country nationals for the purposes of\nthis Directive. Should Member States require third-country\nnationals to pay fees, those should\nbe proportionate to the purpose of the stay and\nshould not constitute an obstacle to the objectives of the\nDirective. Parliament also considered that where the third-country\nnational pays those fees, that third-country national should be\nentitled to be reimbursed by the host entity or the host family\nrespectively.
\nInformation to be provided to\napplicants: Parliament asked\nthat Member States inform third-country nationals of the rules\napplicable to their particular case so as to ensure transparency\nand legal certainty and thus encourage them to come to the\nUnion.
\nThird-country nationals should be provided with all\nthe information that is relevant to the procedure, including\ngeneral documentation about studies, exchange or research\nprogrammes but also specific information about applicants' rights\nand obligations, in a manner that is easily accessible and\nunderstandable.
\nNew definitions: host entity and host\nfamily: Parliament added two new\ndefinitions:
\n\n· \n'host entity' means the educational\nestablishment, research organisation, enterprise or vocational\ntraining establishment, organisation operating pupil exchanges or\norganisation responsible for the voluntary service scheme to which\nthe third-country national is assigned;
\n\n· \n'host family' means the family temporarily\nreceiving the au-pair and letting him/her share its daily family\nlife in the territory of a Member State on the basis of an\nagreement concluded between the host family and the\nau-pair.
\nMore favourable provisions: Parliament extended the scope of the clause on\nmore favourable provisions to all the articles of the\nproposed directive, with the exception of those relating to\ngeneral and specific conditions, so as to avoid non-harmonised\nconditions throughout the European Union.
\nAdequate resources: Parliament supported the Commissions\nproposal whereby a third country national would have to provide\nevidence that s/he has sufficient resources to cover subsistence,\ntraining and return travel costs. Members consider, however, that\nit should not be necessary to provide such evidence if the\nthird-country national concerned can prove that he/she is in\nreceipt of a grant or scholarship, that he/she has received an\nundertaking of sponsorship from a host family or a firm offer of\nwork or that an organisation operating pupil exchanges or the\nvoluntary service scheme declares itself responsible for the\nsubsistence of the pupil or the volunteer throughout the period of\nhis/her stay.
\nNo limits on exchanges: Parliament deleted the Commissions text\nproposing that Member States may confine the admission of\nschool pupils participating in an exchange scheme to nationals of\nthird countries which offer the same possibility for their own\nnationals. Likewise, Members deleted a provision in the\nCommissions proposal requiring a trainee to prove that they\nhave previous relevant education or qualifications or professional\nexperience to benefit from the work experience.
\nMaternity costs: Parliament considered that requiring an au-pair\nto provide extra separate evidence that the host family will cover\ncosts related to maternity seems excessive.
\nAccreditation procedure: Parliament added a provision that after\nsuccessful authorisation and grant of a visa, the host entity\nshould be registered with an accreditation system, in order to\nfacilitate future application procedures.
\nValidity of authorisations: Parliament considered that Member States\nshould issue an authorisation for students which shall be for\na period of at least one year or, when the duration of their\nstudies is longer than one year, for the whole duration of their\nstudies. This would also be the case for au pairs who would be\nauthorised to remain for the entire pupil exchange\nprogramme.
\nReasons for refusal of authorisations: Parliament listed the reasons for which Member\nStates might be able to refuse an authorisation:
\n\n· \nwhere the host entity has been sanctioned in\naccordance with national law for undeclared work and/or illegal\nemployment;
\n\n· \nwhere the host family, or, if applicable, any\nintermediary organisation involved in the placement of the au-pair,\nhas been sanctioned in accordance with national law for breach of\nthe conditions and/or objectives of au-pair placements and/or\nillegal employment;
\n\n· \nwhere the host entity or educational\nestablishment was established for the sole purpose of facilitating\nentry.
\nMember States should not renew an\nauthorisation for the same reasons, but also:
\n\n· \nwhere the host family has been sanctioned for\nbreach of the conditions and/or objectives of au-pair placements\nand/or for illegal employment;
\n\n· \nwhere the third-country national is residing for\npurposes other than those for which he/she was authorised to\nreside;
\n\n· \nwhen the maximum periods of access to the labour\nmarket are not respected;
\n\n· \nwhere the student does not make acceptable\nprogress in the relevant studies in\naccordance with national legislation or administrative\npractice. The Member State concerned may withdraw or refuse to\nrenew an authorisation on this ground only by a decision stating\nspecific reasons based on the evaluation of the educational\nestablishment, which shall be consulted on the student's\nprogress;
\n\n· \nfor reasons of public policy, public security or\npublic health. Public policy or public security grounds shall be\nbased exclusively on the personal conduct of the third-country\nnational concerned.
\nWhen a Member State withdraws an authorisation on one\nof the grounds cited above, the third-country national shall be\nentitled to stay on the territory of that Member State if\nhe/she finds another host entity or host family in order to\nfinish his/her studies or research or for another purpose\nfor which the authorisation was granted.
\nEqual treatment: Parliament suggested that trainees and au-pairs\nshould enjoy equal treatment rights with nationals of the host\nMember State as regards the rights related to the Single Permit to\nwork and reside on the territory of a Member State. The\nsituation of the labour market in the host Member State should be\ntaken into account, but not in a systematic manner which could\nresult in students being excluded from the labour\nmarket.
\nStaying on the territory of a Member State after\nfinalisation of research or studies: Parliament suggested that after finalisation of\nresearch or studies in the Member State, third-country nationals\nshould be entitled to stay on the territory of the Member State for\na period of 18 months (instead of 12) in order to\nlook for work or set up a business. In a period of more than six\nand less than nine months (instead of 3 and 6), third-country\nnationals could be requested to provide evidence that they continue\nto seek employment or are in the process of setting up a business.\nAfter a period of nine months, third-country nationals could\nadditionally be requested to provide evidence that they have a\ngenuine chance of being engaged or of launching a\nbusiness.
\nFamily reunification: Parliament called for measures on family\nreunification for researchers to be extended to\nstudents.
\nMobility rights between Member States: Parliament extended the measures proposed by\nthe Directive as regards mobility between Member States\nto volunteers, as well as researchers, students,\nand trainees. Mobility measures provided for researchers in the\nframework of the European programmes should also be extended to\nvolunteers and trainees whether they are remunerated or\nnot.
\nDelay for the authorisation procedure: Parliament called on the competent authorities\nof the Member States to decide on the complete application for an\nauthorisation and should notify the applicant in writing, as soon\nas possible and at the latest within 30 days (the\nCommission proposed 60 days) from the date on which the\napplication was lodged. In the event that their national law\nprovides for the possibility of an appeal before an administrative\nauthority, the competent authorities of the Member States shall\ndecide on the appeal at the latest within 30 days from the date on\nwhich the appeal was lodged.
\nFast-track procedure: the current Students Directive includes an\narticle on fast-track-procedure for issuing residence permits or\nvisas and Parliament re-included this fast-track procedure\nfor students and school pupils and extending it to\nresearchers.
\nApplication procedure: lastly, Parliament provided for a measure\nallowing Member States to facilitate the application procedure by\nallowing third-country nationals to apply and to be able to\ncomplete the procedure for any Member State in the embassy or\nconsulate of the Member State which is most convenient for the\napplicant.
\nThe Council adopted its position at first reading with\na view to the adoption of a Directive of the European Parliament\nand of the Council on the conditions of entry and residence of\nthird-country nationals for the purposes of research, studies,\ntraining, voluntary service, pupil exchange schemes or educational\nprojects and au pairing (recast).
\nThe proposed Directive aims to:
\nScope: in the Council's\nposition only researchers, students, trainees and volunteers in the\nEuropean Voluntary Service appear as mandatory categories.\nThe categories of pupils, other volunteers and au-pairs are\noptional in the Council's position.
\nRegarding trainees, the Council decided to do\naway with the distinction between remunerated and unremunerated\ntrainees. On the other hand, the category of volunteers has been\nsplit into those volunteers participating in the European Voluntary\nService and others.
\nMore favourable provisions: Member States may either adopt or maintain more\nfavourable provisions.. Member States are also given the\npossibility to provide for authorisations with a longer duration\nthan what is provided for in the Directive.
\nPrinciples: the Council\nposition enables Member Stats to require the applicant to present\nthe documentary evidence required under this Directive for the\npurposes of admission, either in an official language of the Member\nState concerned or in any official language of the EU as determined\nby the Member State concerned.
\nVolumes of admission:\nthe Council reiterates the principle set out in Article 79(5) TFEU\nconcerning the right of Member States to determine the volumes of\nadmission of third-country nationals coming to their territory for\nthe purpose of work. The Council clarifies that this principle can\nonly apply if the specific category of third-country nationals is\nconsidered to be in an employment relationship in the Member\nState concerned. It, furthermore, explicitly mentions that the\nvolumes of admission can never be applied to students, even\nif they are allowed to work during their studies, as by definition\nthey apply to be admitted for the purpose of study.
\nGeneral conditions for admission: the Council position list, in addition to the valid\ntravel document, all possible documents that can be required\nfor entry purposes, depending on the specific national system or\nthe specific situation of the third-country national. It also\ninserts a new provision enabling Member States to indicate a\nreference amount which they regard as constituting \"sufficient\nresources\" as well as a provision enabling Member States to\nrequire the applicant to provide the address of the\nthird-country national concerned in its territory.
\nIn addition, the Council position:
\nApproval of host entities: Member States shall be free to decide whether\nthey will require that admission under this Directive will take\nplace through approved host entities or not.
\nThe category of researchers: the definition of researchers is enlarged by adding\nthat, in addition to holding a degree giving access to doctoral\nprogrammes, they can also be holders of a doctoral degree. The\nCouncil position:
\nThe category of students: the Council adds a specification that the full-time\ncourse of study in the EU, for which the student is admitted, can\nalso include a period of training as part of these\nstudies.
\nIn order to allow students to cover part of the cost\nof their studies they shall be entitled to have access to the\nlabour market of the Member State where the studies are\nundertaken. The Council modifies the Commission proposal by setting\nthe minimum amount of hours that students are allowed to\nwork per week at 15, a balanced compromise taking into\naccount the different national practices.
\nThe Council position explains that access of students\nto the labour market should be the general rule and Member States\nshould take the situation in their labour markets into account only\nin exceptional circumstances.
\nAuthorisations to be granted under this\nDirective: the Council adds further\ndetails to the initial Commission proposal concerning the various\nterms to be entered on the authorisations.
\nThe period of validity of an authorisation for\nresearchers shall be at least one year, or for the duration\nof the hosting agreement where this is shorter.
\nMember States may allow for the renewal of the\nauthorisations of school pupils and au-pairs under certain\nconditions. In addition, the Council position provides that the\nduration of the authorisation for researchers and students, who are\ncovered by Union or multilateral programmes that comprise mobility\nmeasures, shall be at least two years or equal to the\nduration of the hosting agreement or studies in case this is\nshorter (provided certain conditions are met).
\nAs far as trainees are concerned, the Council\nset out that the duration of the authorisation shall be for a\nmaximum period of six months. Member States may, however,\nprovide for a longer duration corresponding to the duration of the\ntraining agreement in accordance with national law.
\nGrounds for rejection of an\nauthorisation: the Council position\nconverts a number of the mandatory grounds for rejection into\noptional ones. The wording in some of those provisions has,\nhowever, been aligned with the one in the corresponding provisions\nof the ICT\nand Seasonal\nWorkers' Directives.
\nThe Council also inserts several new optional grounds\nfor rejection. It deems important that Member States are able to\nreject an application: (i) if the host entity or the host family\ndoes not meet the terms of employment as provided for by\napplicable laws, collective agreements or practices of the Member\nState concerned; (ii)where it establishes that the third-country\nnational would reside for purposes other than for which he or\nshe applies to be admitted.
\nAny decision to reject an application shall take\naccount of the specific circumstances of the case and respect the\nprinciple of proportionality.
\nRight to equal treatment: the rights set out in the Single\nPermit Directive together with the possible restrictions\nprovided therein apply to researchers and students, as well as\ntrainees, volunteers and au-pairs when they are considered to be in\nan employment relationship in the Member State concerned
\nStay for the purpose of job-searching or\nentrepreneurship: the Council\nposition provides for the possibility for researchers and students\nto stay on the territory of the Member State that had issued them\nan authorisation under this Directive, to seek employment or set up\na business for a period of at least 9 months.
\nThe period after which the Member State concerned may\nrequire third-country nationals to prove that they have a genuine\nchance of being engaged or of launching a business is a minimum\nof 3 months.
\nThe Council also enables Member States to set a\nminimum level of degree (which cannot be higher than a\nMaster's degree or the equivalent) that students must have achieved\nin order to benefit from this right.
\nThe Committee on Civil Liberties, Justice and Home\nAffairs adopted the recommendation for second reading contained in\nthe report by Cecilia WIKSTRÖM (ADLE, SE) on the Council\nposition at first reading with a view to the adoption of a\ndirective of the European Parliament and of the Council on the\nconditions of entry and residence of third-country nationals for\nthe purposes of research, studies, training, voluntary service,\npupil exchange schemes or educational projects and au pairing\n(recast).
\nThe committee recommended the European Parliament to\napprove the Council position at first reading without\namendment.
\nIt also approved a joint statement by the European\nParliament and the Commission on the ground for rejection specified\nin point (f) of Article 20(2).
\nThe European Parliament and the Commission understand\npoint (f) of Article 20(2) of this Directive as allowing Member\nStates to reject an application only on a case-by-case basis and\ntaking into account the specific circumstances of the third-country\nnational and the principle of proportionality and on the basis of\nevidence or serious and objective reasons. The inclusion of this\nprovision in this Directive should not constitute a precedent for\nfuture legal migration instruments.
\nThe European Parliament adopted a legislative\nresolution on the Council position at first reading with a view to\nthe adoption of a directive of the European Parliament and of the\nCouncil on the conditions of entry and residence of third-country\nnationals for the purposes of research, studies, training,\nvoluntary service, pupil exchange schemes or educational projects\nand au pairing (recast).
\nIn line with the recommendation for second reading\nmade by the Committee on Civil Liberties, Justice and Home Affairs,\nParliament approved, unamended, the Council position at first\nreading.
\nParliament also approved a joint statement by the\nEuropean Parliament and the Commission on the ground for\nrejection specified in point (f) of Article 20(2).
\nThe European Parliament and the Commission understand\npoint (f) of Article 20(2) of this Directive as allowing Member\nStates to reject an application only on a case-by-case basis and\ntaking into account the specific circumstances of the third-country\nnational and the principle of proportionality and on the basis of\nevidence or serious and objective reasons.
\nThe Commission will ensure that Member States\nimplement this provision in line with this interpretation when\ntransposing the Directive, and will inform the Parliament and the\nCouncil thereof.
\nThe European Parliament and the Commission consider\nthat the inclusion of this provision in this Directive should not\nconstitute a precedent for future legal migration\ninstruments.
\n