Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | LIBE | WIKSTRÖM Cecilia ( ALDE) | CORAZZA BILDT Anna Maria ( PPE), FAJON Tanja ( S&D), LAMBERT Jean ( Verts/ALE), KIRKHOPE Timothy ( ECR), WINBERG Kristina ( EFD) |
Former Responsible Committee | LIBE | WIKSTRÖM Cecilia ( ALDE) | |
Former Committee Opinion | JURI | STOYANOV Dimitar ( NA) | |
Former Committee Opinion | EMPL | PAPADOPOULOU Antigoni ( S&D) | Jean LAMBERT ( Verts/ALE), Patrick LE HYARIC ( GUE/NGL) |
Lead committee dossier:
Legal Basis:
TFEU 079-p2
Legal Basis:
TFEU 079-p2Subjects
Events
PURPOSE: to adopt new rules with a view to making the EU more attractive for students and researchers from third countries.
LEGISLATIVE ACT: Directive (EU) 2016/801 of the European Parliament and of the Council on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing
CONTENT: this Directive consists of a recast of Council directives 2004/114/EC and 2005/71/EC. It aims to establish a coherent legal framework for different categories of third- country nationals who wish to come to the EU. It provides for harmonised conditions of entry and residence in the EU for researchers, students, trainees and volunteers taking part in the European Voluntary Service from third countries.
The Directive aims to make the European Union an attractive place for research and innovation, and to advance it in the global competition for talent, leading to strengthening its competitiveness, boosting growth and creating jobs.
Scope: the Directive’s application is mandatory for third-country nationals applying to enter or who have entered the territory of a Member State for the purpose of research, studies, training or voluntary service in the European Voluntary Service.
Member States have the option of applying the Directive’s provisions to third country nationals wishing to enter for the purposes of participating in a school exchange scheme, or educational project, volunteers not covered by the European Voluntary Service and au pairs.
Regarding trainees, the Directive abolishes the distinction between remunerated and unremunerated trainees.
General admission conditions : the directive lists all the documents that can be required for entry, depending on the specific national system or the specific situation of the third-country national.
If so requested by the Member State, the applicant must provide evidence that during the planned stay, he will have sufficient resources to cover subsistence costs without having recourse to the Member State's social assistance system, and return travel costs.
The Directive gives Member States the option to require the applicant to provide the address where he or she will be residing on its territory. It makes it obligatory for Member States to examine applications also when the third-country national concerned is already residing in that Member State.
Approval of host entities : Member States shall be free to decide whether they will require that admission under this Directive will take place through approved host entities or not.
The Directive makes the approval procedure for research organisations optional, and also introduces an optional approval procedure for higher education institutions, education establishments, and organisations responsible for a voluntary service scheme or entities hosting trainees. In case a Member State introduces such procedures, applications are facilitated.
Authorisations and duration of stay : the Directive provides for authorisations of:
· a minimum of two years for students and researchers covered by programmes (instead of one year for those not covered by programmes);
· one year maximum for au pairs;
· a maximum of six months for trainees . If the duration of the agreement is longer than six months, the duration of the validity of the authorisation may correspond to the period concerned in accordance with national law.
Grounds for rejection : the Directive aligns to a great extent, the grounds for rejection to those of the Intra Corporate Transferee Directive . Furthermore, it allows member States to reject an application where the Member State has evidence or serious and objective grounds to establish that the third-country national would reside for purposes other than those for which he or she applies to be admitted.
Similarly to the grounds for rejection, the Directive, to a great extent, aligns the grounds for withdrawal or non-renewal to those of the Intra Corporate Transferee Directive.
Specific conditions for trainees: apart from presenting a training agreement, which provides for a theoretical and practical training, with a host entity, the applicant must prove of having obtained a higher education degree within the two years preceding the date of application or of pursuing a course of study that leads to a higher education degree.
Member States may require the traineeship to be in the same field and at the same qualification level as the higher education degree or the course of study followed.
Economic activities by students : students from third countries will have access to the labour market to 15 hours per week outside the time allocated for studying.
Job-searching/setting-up of a business : the Directive provides for the possibility for researchers and students to stay on the territory of the Member State that had issued them an authorisation under the Directive, to seek employment or set up a business for a period of at least 9 months after the end of their research or studies.
Member States may also require that the employment a third-country national is seeking or the business he e is in the process of setting up corresponds to the level of research or of studies completed. Regarding students, the Directives gives Member States the possibility of applying these provisions only to those having achieved a minimum level of academic degree (which must not be higher than level 7 of the European Qualifications Framework, i.e. Masters level).
Intra-EU mobility: third-country nationals conducting research or following studies in one member State may, in certain cases, enter another Member State for the purposes of carrying out part of their research or studies on notification . This is a simplified procedure, thanks to which students and researchers can move to a second Member State on the basis of the authorisation of the first Member State:
· for researchers, this procedure applies in the case of short-term mobility (up to 6 months) . For mobility going beyond this period, the Member State can apply either the notification procedure, or alternatively an application procedure. Researchers' family members are entitled to move with the researcher on the basis of the same rules;
· students who hold a valid authorisation issued by the first Member State and who are covered by a Union that comprises mobility measures are entitled to enter and stay in order to carry out part of their studies in a higher education institution in one or several second Member States for a period up to 360 days per Member State .
Procedural guarantees: the Directive provides a maximum period of 90 days for Member States to decide on applications, except when the admission procedure is related to an approved host entity. In this case, the deadline is 60 days.
ENTRY INTO FORCE: 22.5.2016.
TRANSPOSITION: by 23.5.2018.
The European Parliament adopted a legislative resolution on the Council position at first reading with a view to the adoption of a directive of the European Parliament and of the Council on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing (recast).
In line with the recommendation for second reading made by the Committee on Civil Liberties, Justice and Home Affairs, Parliament approved, unamended, the Council position at first reading .
Parliament also approved a joint statement by the European Parliament and the Commission on the ground for rejection specified in point (f) of Article 20(2).
The European Parliament and the Commission understand point (f) of Article 20(2) of this Directive as allowing Member States to reject an application only on a case-by-case basis and taking into account the specific circumstances of the third-country national and the principle of proportionality and on the basis of evidence or serious and objective reasons.
The Commission will ensure that Member States implement this provision in line with this interpretation when transposing the Directive, and will inform the Parliament and the Council thereof.
The European Parliament and the Commission consider that the inclusion of this provision in this Directive should not constitute a precedent for future legal migration instruments.
The Committee on Civil Liberties, Justice and Home Affairs adopted the recommendation for second reading contained in the report by Cecilia WIKSTRÖM (ADLE, SE) on the Council position at first reading with a view to the adoption of a directive of the European Parliament and of the Council on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing (recast).
The committee recommended the European Parliament to approve the Council position at first reading without amendment .
It also approved a joint statement by the European Parliament and the Commission on the ground for rejection specified in point (f) of Article 20(2).
The European Parliament and the Commission understand point (f) of Article 20(2) of this Directive as allowing Member States to reject an application only on a case-by-case basis and taking into account the specific circumstances of the third-country national and the principle of proportionality and on the basis of evidence or serious and objective reasons. The inclusion of this provision in this Directive should not constitute a precedent for future legal migration instruments.
The Commission stated that, despite the changes that the Common position has introduced, the text of the Common position still meets the Commission's original objective to make the EU more attractive for the categories concerned, and to make the legal framework governing their entry and residence more clear and transparent.
The Commission recalled the main differences between the Common Position and the original Commission proposal:
Scope:
the Common position limits the scope of the mandatory rules to researchers, students, trainees and volunteers covered by the European Voluntary Service. Rules for school pupils, volunteers not covered by the European Voluntary Service and au pairs are optional; regarding trainees, the Common position abolishes the distinction between remunerated and unremunerated trainees.
General admission conditions:
the Common position gives Member States the possibility to require the applicant to provide the address where he or she will be residing on its territory; it makes it obligatory for Member States to examine applications also when the third-country national concerned is already residing in that Member State.
Approval of research organisations:
the Common position makes the approval procedure for research organisations optional, and introduces an optional approval procedure for higher education institutions, education establishments, organisations responsible for a voluntary service scheme or entities hosting trainees.
Specific conditions for trainees :
the Common position introduces the limitation that applicants must have obtained a higher education degree within the two years preceding the date of application or be pursuing a course of study that leads to a higher education degree; it also allows Member States to require the traineeship to be in the same field and at the same qualification level as the higher education degree obtained or the course of study being pursued.
Duration of authorisations :
a duration of authorisations for students and researchers covered by programmes of a minimum of two years (instead of one year for those not covered by programmes) has been provided.
Grounds for rejection:
the Common position, to a great extent, aligns the grounds for rejection to those of the Intra Corporate Transferee Directive (ICT Directive); it adds a ground which allows Member States to reject an application where the Member State has evidence or serious and objective grounds to establish that the third-country national would reside for purposes other than those for which he or she applies to be admitted (Article 20(2)(f) of the Directive)
The European Parliament and the Commission understand point (f) of Article 20(2) of this Directive as allowing Member States to reject an application only on a case-by-case basis and taking into account the specific circumstances of the third-country national and the principle of proportionality and on the basis of evidence or serious and objective reasons . They consider that the inclusion of this provision in this Directive should not constitute a precedent for future legal migration instrument.
Grounds for withdrawal or non-renewal of an authorisation:
the Common position, to a great extent, aligns the grounds for withdrawal or non-renewal to those of the ICT Directive.
Equal treatment:
the Common position provides Member States with the possibility to make the granting of family benefits to researchers dependent on a minimum length of stay. Overall, it still reflects the objective of the Commission proposal to make more transparent which equal treatment rights, based on the Single Permit Directive , the various categories covered by the recast are entitled to.
The Council adopted its position at first reading with a view to the adoption of a Directive of the European Parliament and of the Council on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing (recast).
The proposed Directive aims to:
improve the legal framework applicable to the categories of third-country nationals covered by Directive 2004/114/EC on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service and Directive 2005/71/EC on the conditions of admission of third-country nationals for the purposes of scientific research; the scope of the directive to new categories of third-country nationals (remunerated trainees and au-pairs).
Scope : in the Council's position only researchers, students, trainees and volunteers in the European Voluntary Service appear as mandatory categories . The categories of pupils, other volunteers and au-pairs are optional in the Council's position.
Regarding trainees , the Council decided to do away with the distinction between remunerated and unremunerated trainees. On the other hand, the category of volunteers has been split into those volunteers participating in the European Voluntary Service and others.
More favourable provisions : Member States may either adopt or maintain more favourable provisions.. Member States are also given the possibility to provide for authorisations with a longer duration than what is provided for in the Directive.
Principles : the Council position enables Member Stats to require the applicant to present the documentary evidence required under this Directive for the purposes of admission, either in an official language of the Member State concerned or in any official language of the EU as determined by the Member State concerned.
Volumes of admission : the Council reiterates the principle set out in Article 79(5) TFEU concerning the right of Member States to determine the volumes of admission of third-country nationals coming to their territory for the purpose of work. The Council clarifies that this principle can only apply if the specific category of third-country nationals is considered to be in an employment relationship in the Member State concerned . It, furthermore, explicitly mentions that the volumes of admission can never be applied to students , even if they are allowed to work during their studies, as by definition they apply to be admitted for the purpose of study.
General conditions for admission : the Council position list, in addition to the valid travel document, all possible documents that can be required for entry purposes, depending on the specific national system or the specific situation of the third-country national. It also inserts a new provision enabling Member States to indicate a reference amount which they regard as constituting " sufficient resources " as well as a provision enabling Member States to require the applicant to provide the address of the third-country national concerned in its territory.
In addition, the Council position:
states that applications shall also be considered and examined when the third-country national is already residing in that Member State as holder of a valid residence permit or long-stay visa; inserts a new paragraph stating that third-country nationals who are considered to pose a threat to public policy , public security or public health shall not be admitted under this Directive.
Approval of host entities : Member States shall be free to decide whether they will require that admission under this Directive will take place through approved host entities or not.
The category of researchers : the definition of researchers is enlarged by adding that, in addition to holding a degree giving access to doctoral programmes, they can also be holders of a doctoral degree. The Council position:
adds a clarification that the financial responsibility of the research organisation is limited until the starting date of the permit for job-searching or entrepreneurship issued; adds a requirement for the hosting agreement to contain information on the intended mobility in second Member States in case that is known at the time of application in the first Member State.
The category of students : the Council adds a specification that the full-time course of study in the EU, for which the student is admitted, can also include a period of training as part of these studies.
In order to allow students to cover part of the cost of their studies they shall be entitled to have access to the labour market of the Member State where the studies are undertaken. The Council modifies the Commission proposal by setting the minimum amount of hours that students are allowed to work per week at 15 , a balanced compromise taking into account the different national practices.
The Council position explains that access of students to the labour market should be the general rule and Member States should take the situation in their labour markets into account only in exceptional circumstances.
Authorisations to be granted under this Directive : the Council adds further details to the initial Commission proposal concerning the various terms to be entered on the authorisations.
The period of validity of an authorisation for researchers shall be at least one year , or for the duration of the hosting agreement where this is shorter.
Member States may allow for the renewal of the authorisations of school pupils and au-pairs under certain conditions. In addition, the Council position provides that the duration of the authorisation for researchers and students, who are covered by Union or multilateral programmes that comprise mobility measures, shall be at least two years or equal to the duration of the hosting agreement or studies in case this is shorter (provided certain conditions are met).
As far as trainees are concerned, the Council set out that the duration of the authorisation shall be for a maximum period of six months . Member States may, however, provide for a longer duration corresponding to the duration of the training agreement in accordance with national law.
Grounds for rejection of an authorisation : the Council position converts a number of the mandatory grounds for rejection into optional ones. The wording in some of those provisions has, however, been aligned with the one in the corresponding provisions of the ICT and Seasonal Workers' Directives .
The Council also inserts several new optional grounds for rejection. It deems important that Member States are able to reject an application: (i) if the host entity or the host family does not meet the terms of employment as provided for by applicable laws, collective agreements or practices of the Member State concerned; (ii)where it establishes that the third-country national would reside for purposes other than for which he or she applies to be admitted .
Any decision to reject an application shall take account of the specific circumstances of the case and respect the principle of proportionality.
Right to equal treatment : the rights set out in the Single Permit Directive together with the possible restrictions provided therein apply to researchers and students, as well as trainees, volunteers and au-pairs when they are considered to be in an employment relationship in the Member State concerned
Stay for the purpose of job-searching or entrepreneurship : the Council position provides for the possibility for researchers and students to stay on the territory of the Member State that had issued them an authorisation under this Directive, to seek employment or set up a business for a period of at least 9 months .
The period after which the Member State concerned may require third-country nationals to prove that they have a genuine chance of being engaged or of launching a business is a minimum of 3 months .
The Council also enables Member States to set a minimum level of degree (which cannot be higher than a Master's degree or the equivalent) that students must have achieved in order to benefit from this right.
The Council adopted its position at first reading with a view to the adoption of a Directive of the European Parliament and of the Council on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing (recast).
The proposed Directive aims to:
improve the legal framework applicable to the categories of third-country nationals covered by Directive 2004/114/EC on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service and Directive 2005/71/EC on the conditions of admission of third-country nationals for the purposes of scientific research; the scope of the directive to new categories of third-country nationals (remunerated trainees and au-pairs).
Scope : in the Council's position only researchers, students, trainees and volunteers in the European Voluntary Service appear as mandatory categories . The categories of pupils, other volunteers and au-pairs are optional in the Council's position.
Regarding trainees , the Council decided to do away with the distinction between remunerated and unremunerated trainees. On the other hand, the category of volunteers has been split into those volunteers participating in the European Voluntary Service and others.
More favourable provisions : Member States may either adopt or maintain more favourable provisions.. Member States are also given the possibility to provide for authorisations with a longer duration than what is provided for in the Directive.
Principles : the Council position enables Member Stats to require the applicant to present the documentary evidence required under this Directive for the purposes of admission, either in an official language of the Member State concerned or in any official language of the EU as determined by the Member State concerned.
Volumes of admission : the Council reiterates the principle set out in Article 79(5) TFEU concerning the right of Member States to determine the volumes of admission of third-country nationals coming to their territory for the purpose of work. The Council clarifies that this principle can only apply if the specific category of third-country nationals is considered to be in an employment relationship in the Member State concerned . It, furthermore, explicitly mentions that the volumes of admission can never be applied to students , even if they are allowed to work during their studies, as by definition they apply to be admitted for the purpose of study.
General conditions for admission : the Council position list, in addition to the valid travel document, all possible documents that can be required for entry purposes, depending on the specific national system or the specific situation of the third-country national. It also inserts a new provision enabling Member States to indicate a reference amount which they regard as constituting " sufficient resources " as well as a provision enabling Member States to require the applicant to provide the address of the third-country national concerned in its territory.
In addition, the Council position:
states that applications shall also be considered and examined when the third-country national is already residing in that Member State as holder of a valid residence permit or long-stay visa; inserts a new paragraph stating that third-country nationals who are considered to pose a threat to public policy , public security or public health shall not be admitted under this Directive.
Approval of host entities : Member States shall be free to decide whether they will require that admission under this Directive will take place through approved host entities or not.
The category of researchers : the definition of researchers is enlarged by adding that, in addition to holding a degree giving access to doctoral programmes, they can also be holders of a doctoral degree. The Council position:
adds a clarification that the financial responsibility of the research organisation is limited until the starting date of the permit for job-searching or entrepreneurship issued; adds a requirement for the hosting agreement to contain information on the intended mobility in second Member States in case that is known at the time of application in the first Member State.
The category of students : the Council adds a specification that the full-time course of study in the EU, for which the student is admitted, can also include a period of training as part of these studies.
In order to allow students to cover part of the cost of their studies they shall be entitled to have access to the labour market of the Member State where the studies are undertaken. The Council modifies the Commission proposal by setting the minimum amount of hours that students are allowed to work per week at 15 , a balanced compromise taking into account the different national practices.
The Council position explains that access of students to the labour market should be the general rule and Member States should take the situation in their labour markets into account only in exceptional circumstances.
Authorisations to be granted under this Directive : the Council adds further details to the initial Commission proposal concerning the various terms to be entered on the authorisations.
The period of validity of an authorisation for researchers shall be at least one year , or for the duration of the hosting agreement where this is shorter.
Member States may allow for the renewal of the authorisations of school pupils and au-pairs under certain conditions. In addition, the Council position provides that the duration of the authorisation for researchers and students, who are covered by Union or multilateral programmes that comprise mobility measures, shall be at least two years or equal to the duration of the hosting agreement or studies in case this is shorter (provided certain conditions are met).
As far as trainees are concerned, the Council set out that the duration of the authorisation shall be for a maximum period of six months . Member States may, however, provide for a longer duration corresponding to the duration of the training agreement in accordance with national law.
Grounds for rejection of an authorisation : the Council position converts a number of the mandatory grounds for rejection into optional ones. The wording in some of those provisions has, however, been aligned with the one in the corresponding provisions of the ICT and Seasonal Workers' Directives .
The Council also inserts several new optional grounds for rejection. It deems important that Member States are able to reject an application: (i) if the host entity or the host family does not meet the terms of employment as provided for by applicable laws, collective agreements or practices of the Member State concerned; (ii)where it establishes that the third-country national would reside for purposes other than for which he or she applies to be admitted .
Any decision to reject an application shall take account of the specific circumstances of the case and respect the principle of proportionality.
Right to equal treatment : the rights set out in the Single Permit Directive together with the possible restrictions provided therein apply to researchers and students, as well as trainees, volunteers and au-pairs when they are considered to be in an employment relationship in the Member State concerned
Stay for the purpose of job-searching or entrepreneurship : the Council position provides for the possibility for researchers and students to stay on the territory of the Member State that had issued them an authorisation under this Directive, to seek employment or set up a business for a period of at least 9 months .
The period after which the Member State concerned may require third-country nationals to prove that they have a genuine chance of being engaged or of launching a business is a minimum of 3 months .
The Council also enables Member States to set a minimum level of degree (which cannot be higher than a Master's degree or the equivalent) that students must have achieved in order to benefit from this right.
The European Parliament adopted by 578 votes to 79 with 21 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council on the conditions of entry and residence of third-country nationals for the purposes of research, studies, pupil exchange, remunerated and unremunerated training, voluntary service and au pairing (recast).
Parliament’s position adopted at first reading under the ordinary legislative procedure amended the Commission’s proposal as follows:
Fees: Parliament considered that 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 and should not constitute an obstacle to the objectives of the Directive. Parliament also considered that where the third-country national pays those fees, that third-country national should be entitled to be reimbursed by the host entity or the host family respectively.
Information to be provided to applicants : Parliament asked that Member States 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.
Third-country nationals should be provided with 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, in a manner that is easily accessible and understandable.
New definitions: host entity and host family : Parliament added two new definitions:
· '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;
· 'host family' means the family temporarily receiving the au-pair and letting him/her share its daily family life in the territory of a Member State on the basis of an agreement concluded between the host family and the au-pair.
More favourable provisions : Parliament extended the scope of the clause on more favourable provisions to all the articles of the proposed directive , with the exception of those relating to general and specific conditions, so as to avoid non-harmonised conditions throughout the European Union.
Adequate resources : Parliament supported the Commission’s proposal whereby a third country national would have to provide evidence that s/he has sufficient resources to cover subsistence, training and return travel costs. Members consider, however, that it should not be necessary to provide such evidence if the third-country national concerned can prove that he/she is in receipt of a grant or scholarship , that he/she has received an undertaking of sponsorship from a host family or a firm offer of work or that 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.
No limits on exchanges : Parliament deleted the Commission’s text proposing that Member States may confine the admission of school pupils participating in an exchange scheme to nationals of third countries which offer the same possibility for their own nationals. Likewise, Members deleted a provision in the Commission’s proposal requiring a trainee to prove that they have previous relevant education or qualifications or professional experience to benefit from the work experience.
Maternity costs : Parliament considered that requiring an au-pair to provide extra separate evidence that the host family will cover costs related to maternity seems excessive.
Accreditation procedure : Parliament added a provision that after successful authorisation and grant of a visa, the host entity should be registered with an accreditation system, in order to facilitate future application procedures.
Validity of authorisations : Parliament considered that Member States should issue an authorisation for students which shall be for a period of at least one year or, when the duration of their studies is longer than one year, for the whole duration of their studies. This would also be the case for au pairs who would be authorised to remain for the entire pupil exchange programme.
Reasons for refusal of authorisations : Parliament listed the reasons for which Member States might be able to refuse an authorisation:
· where the host entity has been sanctioned in accordance with national law for undeclared work and/or illegal employment;
· where the host family, or, if applicable, any intermediary organisation involved in the placement of the au-pair, has been sanctioned in accordance with national law for breach of the conditions and/or objectives of au-pair placements and/or illegal employment;
· where the host entity or educational establishment was established for the sole purpose of facilitating entry.
Member States should not renew an authorisation for the same reasons, but also:
· where the host family has been sanctioned for breach of the conditions and/or objectives of au-pair placements and/or for illegal employment;
· where the third-country national is residing for purposes other than those for which he/she was authorised to reside;
· when the maximum periods of access to the labour market are not respected;
· where the student does not make acceptable progress in the relevant studies in accordance with national legislation or administrative practice. The Member State concerned may withdraw or refuse to renew an authorisation on this ground only by a decision stating specific reasons based on the evaluation of the educational establishment, which shall be consulted on the student's progress;
· for reasons of public policy, public security or public health. Public policy or public security grounds shall be based exclusively on the personal conduct of the third-country national concerned.
When a Member State withdraws an authorisation on one of the grounds cited above, the third-country national 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.
Equal treatment : Parliament suggested that trainees and au-pairs should enjoy equal treatment rights with nationals of the host Member State as regards the rights related to the Single Permit to work and reside on the territory of a Member State. The situation of the labour market in the host Member State should be taken into account, but not in a systematic manner which could result in students being excluded from the labour market.
Staying on the territory of a Member State after finalisation of research or studies : Parliament suggested that after finalisation of research or studies in the Member State, third-country nationals should be entitled to stay on the territory of the Member State for a period of 18 months (instead of 12) in order to look for work or set up a business. In a period of more than six and less than nine months (instead of 3 and 6), third-country nationals could 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 could additionally be requested to provide evidence that they have a genuine chance of being engaged or of launching a business.
Family reunification : Parliament called for measures on family reunification for researchers to be extended to students.
Mobility rights between Member States : Parliament extended the measures proposed by the Directive as regards mobility between Member States to volunteers , as well as researchers, students, and trainees. Mobility measures provided for researchers in the framework of the European programmes should also be extended to volunteers and trainees whether they are remunerated or not.
Delay for the authorisation procedure : Parliament called on the competent authorities of the Member States to decide on the complete application for an authorisation and should notify the applicant in writing, as soon as possible and at the latest within 30 days (the Commission proposed 60 days) from the date on which the application was lodged . In the event that their national law provides for the possibility of an appeal before an administrative authority, the competent authorities of the Member States shall decide on the appeal at the latest within 30 days from the date on which the appeal was lodged.
Fast-track procedure : the current Students Directive includes an article on fast-track-procedure for issuing residence permits or visas and Parliament re-included this fast-track procedure for students and school pupils and extending it to researchers.
Application procedure : lastly, Parliament provided for a measure allowing Member States to facilitate the application procedure by allowing third-country nationals to apply and to be able to complete the procedure for any Member State in the embassy or consulate of the Member State which is most convenient for the applicant.
The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Cecilia WIKSTRÖM (ALDE, SE) on the proposal for a directive of the European Parliament and of the Council on the conditions of entry and residence of third-country nationals for the purposes of research, studies, pupil exchange, remunerated and unremunerated training, voluntary service and au pairing (recast).
The parliamentary committee recommended that the European Parliament’s position adopted at first reading under the ordinary legislative procedure should be to amend the Commission’s proposal as follows:
Fees: Members considered that 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 and should not constitute an obstacle to the objectives of the Directive.
Information to be provided to applicants: Members asked that Member States 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.
Third-country nationals should be provided with 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, in a manner that is easily accessible and understandable.
New definitions: host entity and host family: Members added two new definitions:
'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; 'host family' means the family temporarily receiving the au-pair and letting him/her share its daily family life in the territory of a Member State on the basis of an agreement concluded between the host family and the au-pair.
More favourable provisions: Members extended the scope of the clause on more favourable provisions to all the articles of the proposed directive , with the exception of those relating to general and specific conditions, so as to avoid non-harmonised conditions throughout the European Union.
Adequate resources: Members support the Commission’s proposal whereby a third country national would have to provide evidence that s/he has sufficient resources to cover subsistence, training and return travel costs. Members consider, however, that it should not be necessary to provide such evidence if the third-country national concerned can prove that he/she is in receipt of a grant or scholarship , that he/she has received an undertaking of sponsorship from a host family or a firm offer of work or that 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.
No limits on exchanges: Members deleted the Commission’s text proposing that Member States may confine the admission of school pupils participating in an exchange scheme to nationals of third countries which offer the same possibility for their own nationals. Likewise, Members deleted a provision in the Commission’s proposal requiring a trainee to prove that they have previous relevant education or qualifications or professional experience to benefit from the work experience.
Maternity costs: Members consider that requiring an au-pair to provide extra separate evidence that the host family will cover costs related to maternity seems excessive.
Accreditation procedure: Members added a provision that after successful authorisation and grant of a visa, the host entity should be registered with an accreditation system, in order to facilitate future application procedures.
Validity of authorisations: Members consider that Member States should issue an authorisation for students which shall be for a period of at least one year or, when the duration of their studies is longer than one year, for the whole duration of their studies . This would also be the case for au pairs who would be authorised to remain for the entire pupil exchange programme.
Reasons for refusal of authorisations: Members listed the reasons for which Member States might be able to refuse an authorisation:
where the host entity has been sanctioned in accordance with national law for undeclared work and/or illegal employment; where the host family, or, if applicable, any intermediary organisation involved in the placement of the au-pair, has been sanctioned in accordance with national law for breach of the conditions and/or objectives of au-pair placements and/or illegal employment; where the host entity or educational establishment was established for the sole purpose of facilitating entry.
Member States should not renew an authorisation for the same reasons, but also if:
where the host family has been sanctioned for breach of the conditions and/or objectives of au-pair placements and/or for illegal employment; where the third-country national is residing for purposes other than those for which he/she was authorised to reside; when the maximum periods of access to the labour market are not respected; where the student does not make acceptable progress in the relevant studies in accordance with national legislation or administrative practice. The Member State concerned may withdraw or refuse to renew an authorisation on this ground only by a decision stating specific reasons based on the evaluation of the educational establishment, which shall be consulted on the student's progress; for reasons of public policy, public security or public health. Public policy or public security grounds shall be based exclusively on the personal conduct of the third-country national concerned .
When a Member State withdraws an authorisation on one of the grounds cited above, the third-country national 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.
Equal treatment: Members suggested that trainees and au-pairs should enjoy equal treatment rights with nationals of the host Member State as regards the rights related to the Single Permit to work and reside on the territory of a Member State. The situation of the labour market in the host Member State should be taken into account, but not in a systematic manner which could result in students being excluded from the labour market.
Staying on the territory of a Member State after finalisation of research or studies: Members suggested that after finalisation of research or studies in the Member State, third-country nationals should be entitled to stay on the territory of the Member State for a period of 18 months (instead of 12) in order to look for work or set up a business. In a period of more than six and less than nine months (instead of 3 and 6), third-country nationals could 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 could additionally be requested to provide evidence that they have a genuine chance of being engaged or of launching a business.
Family reunification: Members called for measures on family reunification for researchers to be extended to students.
Mobility rights between Member States: Members extended the measures proposed by the Directive as regards mobility between Member States to volunteers , as well as researchers, students, and trainees. Mobility measures provided for researchers in the framework of the European programmes should also be extended to volunteers and trainees whether they are remunerated or not.
Delay for the authorisation procedure: Members called on the competent authorities of the Member States to decide on the complete application for an authorisation and should notify the applicant in writing, as soon as possible and at the latest within 30 days (the Commission proposed 60 days) from the date on which the application was lodged . In the event that their national law provides for the possibility of an appeal before an administrative authority, the competent authorities of the Member States shall decide on the appeal at the latest within 30 days from the date on which the appeal was lodged.
Fast-track procedure: the current Students Directive includes an article on fast-track-procedure for issuing residence permits or visas and the Rapporteur suggests re-including this fast-track procedure for students and school pupils and extending it to researchers .
Application procedure: lastly, Members provided for a measure allowing Member States to facilitate the application procedure by allowing third-country nationals to apply and to be able to complete the procedure for any Member State in the embassy or consulate of the Member State which is most convenient for the applicant.
PURPOSE: to lay down the conditions of entry and residence of third-country nationals for the purposes of research, studies, pupil exchange, remunerated and unremunerated training, voluntary service and au pairing.
PROPOSED ACT: Directive of the European Parliament and of the Council (recast of Directives 2005/71/EC and 2004/114/EC).
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: the European Union’s working age population has practically stopped growing and over the next couple of years it will start shrinking. The EU is also facing a situation of 'innovation emergency'. Europe is spending 0.8% of GDP less than the US and 1.5% less than Japan every year on Research & Development (R&D). in addition, thousands of the best researchers and innovators have moved to countries where conditions are more favorable.
To counterbalance this lack of manpower, immigration from outside the EU is one source of highly skilled people, and third-country national students and researchers in particular are groups which are increasingly sought after and which the EU needs to actively attract.
Allowing third-country nationals to acquire skills and knowledge through a period of training in Europe encourages “brain circulation” and supports cooperation with third countries.
However, in the absence of a clear legal framework, there is also a risk of exploitation to which trainees and au-pairs are particularly exposed, with the subsequent risk of unfair competition on the labour market.
With a view to better optimising those benefits and properly tackling those risks, and taking account of the similarities of the challenges faced by these categories of migrants, this proposal amends Council Directive 2004/114/EC (“Students’ Directive”) on the conditions of admission of third country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service:
extending its scope to remunerated trainees and au-pairs and making mandatory provisions on unremunerated trainees that are currently discretionary, as well as Council Directive 2005/71/EC on a specific procedure for admitting third-country nationals for the purposes of scientific research (“Researchers’ Directive”).
The proposal seeks to remedy the shortcomings highlighted in the implementation reports of the two Directives [see COM(2011)901 and 587 ] on the conditions of admissions in particular (visas, mobility aspects…) and procedural safeguards.
IMPACT ASSESSMENT: the following options were considered:
Option 1 (baseline): the Member States would continue to apply different and diverging rules with respect to admission conditions (e.g. the granting of visas); Option 2: Increased communication efforts (in particular in case of researchers), and strengthened enforcement of the current rules; Option 3: Improvement of admission conditions, rights and procedural guarantees whereby Member States would be obliged to (i) grant the requisite visas to the third-country national (students and other categories) who has submitted an application and (ii) introduce a compulsory deadline for decisions on an application (60 days); (iii) provide for the right of students to work during their period of study for a minimum of 15 hours per week; Option 4: Further improvement of admission conditions, rights also on intra-EU mobility and procedural guarantees: (i) access to job-seeking following completion of studies or research project; (ii) extended scope to au-pairs and remunerated trainees ; (iii) possibility to issue long-stay visas or residence permits; (iv) increased intra-EU mobility for researchers, students and remunerated trainees; (v) specific, more favorable rules applicable to beneficiaries of EU programmes (e.g. Erasmus Mundus or Marie Curie); (vi) right of students to work for a minimum of 20 hours per week as of the first year of residence ; (vii) after finalization of their studies/research, students and researchers would be allowed to stay on the territory to identify work opportunities for a period of 12 months; (viii) decisions on applications within 60 days (all groups), and within 30 days for Erasmus Mundus and Marie Curie fellows.
Option 4 appears to be the most cost-effective option to meet the key objectives and brings about positive economic and social impacts. The main disadvantage of legislative changes would be the costs involved: Member States would have to make modifications to their legislative frameworks.
LEGAL BASIS: Article 79(2) points (a) and (b) of the Treaty on the Functioning of the European Union (TFEU).
CONTENT: the proposal’s overall objective is to support social, cultural and economic relationships between the EU and third countries, foster the transfer of skills and know-how and promote competitiveness while, at the same time, provide for safeguards ensuring fair treatment of these groups of third-country nationals.
Chapter I – General provisions: the proposal has two specific objectives:
to set out the conditions of entry and residence of third-country nationals to the territory of the Member States for a period exceeding three months for the purposes of research, studies, pupil exchange, remunerated and unremunerated training , voluntary service and au pairing ; to set out the conditions of entry and residence of third-country national students and remunerated trainees in Member States other than the Member State which first grants the third-country national an authorisation.
Scope: the proposal extends the scope of the “Student” Directive to include remunerated trainees and au-pairs . The proposal would not, however, apply to third-country nationals who are EU long-term residents given their more privileged status and their specific type of residence permit, or refugees, those residing in a Member State on a strictly temporary basis in accordance with Union legislation.
Member States may grant more favourable conditions for the persons to whom the proposal for Directive applies, however only in relation to certain specific provisions that concern family members of researchers, rights to equal treatment, economic activities and procedural safeguards.
Chapter II – Admission:
General principle: an applicant who satisfies all the general and specific conditions for admission shall be granted a residence permit or a long-stay visa by the Member State where the application has been made. The proposal lays down the general conditions that applicants must fulfil in order to be admitted to a Member State, besides the specific conditions that apply to the different categories of third-country nationals laid down in the proposal. The general conditions are very much in line with those developed in the existing acquis on legal migration, and include valid documents, sickness insurance and minimum resources.
Specific conditions:
- the specific conditions of admission for researchers which already exist in the Researchers' Directive are maintained. The proposal lists the elements that should be contained in the hosting agreement: title and purpose of the research project, the confirmation of the organisation that it is hosting the researcher so that he or she can complete the research project, the start and end date of the research project, etc. For researchers to be aware of research organisations that can enter into hosting agreements, emphasis is placed in the proposal on the need for the list of approved organisation to be publicly available and up-dated regularly;
- for students , the specific conditions are those in the “Students’ Directive”;
- for pupils, remunerated and unremunerated trainees , volunteers and a u-pairs , the specific conditions are that these persons are required to show evidence of the organisation that is responsible for their exchange, training or, volunteering.
for au-pairs : in addition, there needs to be evidence that the host family accepts responsibility for example as far as subsistence and accommodation are concerned. The au-pair stay also needs to be based on an agreement between the au-pair and the host family defining his/her rights and obligations; for remunerated trainees , the training programme, its duration, conditions of supervision and working conditions need to be specified. In order to avoid situations in which trainees are used as 'cheap labour', the host entity may be obliged to declare that the third-country national is not filling a job.
Chapter III – Authorisations and duration of residence: a series of provisions set out the information that should be included on the third-country national's residence permit or long-term visa. For researchers and students an authorisation should be granted for at least one year . For all other groups, the authorisation is limited to one year as a rule , with the possibility for exceptions.
Chapter IV – Grounds for refusal, withdrawal or non-renewal of authorisations: the provisions lay down the mandatory and possible grounds for refusing, withdrawing or not renewing an authorisation, such as the general and specific conditions for admission no longer being met, false documents etc., which are standard conditions under the existing migration Directives.
Chapter V – Rights:
to ensure the fair treatment of third-country nationals falling under the scope of the Directive, a new provision entitles them to equal treatment under the Single Permit Directive . 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 are maintained for third-country national researchers, without the possibility for the limitations laid down by the Single Permit Directive. Furthermore, school pupils, volunteers, unremunerated trainees and au-pairs will benefit from 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 independently on whether Union or national law gives them access to the labour market .
Right to work: provisions exist in the proposal whereby researchers and students are given the right to work , with Member States being able to set certain limits . Researchers, as was the case under Directive 2005/71, are allowed to teach in accordance with national legislation. Regarding students , whereas under Directive 2004/114/EC students were allowed to work for a minimum of 10 hours per week, this period has been increased to 20 hours . With respect to students' access to economic activities, Member States may continue take into consideration their labour market situation but this should be done in a proportionate way in order not to systematically endanger the right to work.
The proposal introduces the possibility for students and researchers, if they fulfil the general admission conditions of the proposal (except for the condition on being a minor), to stay in the Member State for 12 months upon finalisation of their studies/research in order to look for work or set up a business . This provision has the potential to make the Member States more competitive in the search for talents on a global stage. It would however not be an automatic work permit. In a period of more than 3 and less than 6 months, Member States could ask the third-country nationals to provide documentation that they are genuinely seeking for a job (for example, copies of the letters and CVs sent to employers) or are in the process of setting up a business. After 6 months, they could also ask third- country nationals to provide evidence that they have a genuine chance of being engaged or of launching a business.
The proposal includes specific provisions on the admission and access to the labour market of researchers' family members in derogation to Directive 2003/86/EC with a view to increasing the EU’s attractiveness to third-country national researchers.
Chapter VI – Mobility between Member States: a series of articles set out the conditions under which researchers, students and trainees can move between the Member States, in order to facilitate such mobility:
for researchers , under Directive 2005/71/EC, the period for which they are allowed to move to a second Member State on the basis of the hosting agreement concluded in the first Member State has been extended from 3 to 6 months (N.B. in line with the provisions of the Blue Card Directive , researchers' family members can move between Member States together with the researcher). for students , provisions would also allow them to move to a second Member State for a period of up to 6 months on the basis of the authorisation granted by the first Member State . Specific rules apply to third country nationals who come under EU mobility programmes, for example the current Erasmus Mundus or Marie Curie programmes, in order to simplify the exercise of mobility.
Chapter VII – Procedure and transparency: the proposal introduces a time-limit that obliges Member States to decide on the complete application for an authorisation and notify the applicant in writing within 60 days (applying for all groups), and within 30 days for Union programmes including mobility measures. Procedural guarantees include the possibility of a legal challenge against a decision rejecting an application as well as the requirement for the authorities to give reasons for such decisions in writing, and ensuring respect for the right to a legal remedy.
Provisions are also included in regard to communication: the Member States would be required to make information available on the entry and residence conditions as set by this proposal, including on approved research organisations and on fees.
Taxes and fees: Member States may charge fees for the processing of applications. However, the amount of such fees should not endanger the fulfilment of the Directive's objectives.
Chapter VIII - Final provisions: Member States would be required to establish national contact points to exchange information on third-country nationals covered by the proposal who move between Member States. Such national contact points already exist in relation to certain existing migration Directives such as the Blue Card Directive. Member States would be required to communicate to the Commission statistics on the numbers of third-country nationals granted authorisations.
BUDGETARY IMPLICATION: the proposal has no implications for the EU’s budget.
Documents
- Final act published in Official Journal: Directive 2016/801
- Final act published in Official Journal: OJ L 132 21.05.2016, p. 0021
- Draft final act: 00018/2016/LEX
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 2nd reading: T8-0216/2016
- Committee recommendation tabled for plenary, 2nd reading: A8-0166/2016
- Committee draft report: PE580.500
- Commission communication on Council's position: COM(2016)0184
- Commission communication on Council's position: EUR-Lex
- Council position: 14958/2/2015
- Council position published: 14958/2/2015
- Council statement on its position: 06416/2016
- Commission response to text adopted in plenary: SP(2014)446
- Debate in Council: 3298
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T7-0122/2014
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, 1st reading: A7-0377/2013
- Committee opinion: PE516.703
- Committee opinion: PE514.664
- Economic and Social Committee: opinion, report: CES3516/2013
- Amendments tabled in committee: PE519.454
- Contribution: COM(2013)0151
- Committee draft report: PE514.798
- Contribution: COM(2013)0151
- Contribution: COM(2013)0151
- Contribution: COM(2013)0151
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2013)0077
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2013)0078
- Legislative proposal published: COM(2013)0151
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: EUR-Lex SWD(2013)0077
- Document attached to the procedure: EUR-Lex SWD(2013)0078
- Committee draft report: PE514.798
- Amendments tabled in committee: PE519.454
- Committee opinion: PE514.664
- Economic and Social Committee: opinion, report: CES3516/2013
- Committee opinion: PE516.703
- Commission response to text adopted in plenary: SP(2014)446
- Council statement on its position: 06416/2016
- Council position: 14958/2/2015
- Commission communication on Council's position: COM(2016)0184 EUR-Lex
- Committee draft report: PE580.500
- Draft final act: 00018/2016/LEX
- Contribution: COM(2013)0151
- Contribution: COM(2013)0151
- Contribution: COM(2013)0151
- Contribution: COM(2013)0151
Activities
- Isabelle DURANT
- Andrew Henry William BRONS
Plenary Speeches (2)
- Anna Maria CORAZZA BILDT
Plenary Speeches (2)
- Jean LAMBERT
Plenary Speeches (2)
- Marek Henryk MIGALSKI
Plenary Speeches (2)
- Franz OBERMAYR
- Andrej PLENKOVIĆ
- Dimitar STOYANOV
Plenary Speeches (2)
- Dubravka ŠUICA
- Cecilia WIKSTRÖM
Plenary Speeches (2)
- Louis ALIOT
- Marina ALBIOL GUZMÁN
- Jean ARTHUIS
- Marie-Christine ARNAUTU
- Jonathan ARNOTT
- Zoltán BALCZÓ
- Zigmantas BALČYTIS
- Hugues BAYET
- Xabier BENITO ZILUAGA
- José BLANCO LÓPEZ
- Marie-Christine BOUTONNET
- Renata BRIANO
- Steeve BRIOIS
- Gianluca BUONANNO
- James CARVER
- Nicola CAPUTO
- Ole CHRISTENSEN
- Alberto CIRIO
- Birgit COLLIN-LANGEN
- Jane COLLINS
- Therese COMODINI CACHIA
- Pál CSÁKY
- Javier COUSO PERMUY
- Edward CZESAK
- Daniel DALTON
- Michel DANTIN
- William (The Earl of) DARTMOUTH
Plenary Speeches (1)
- Rachida DATI
- Gérard DEPREZ
- Marielle DE SARNEZ
- Mireille D'ORNANO
- Sari ESSAYAH
Plenary Speeches (1)
- Georgios EPITIDEIOS
- Edouard FERRAND
- Doru-Claudian FRUNZULICĂ
- Ildikó GÁLL-PELCZ
- Francisco de Paula GAMBUS MILLET
- Enrico GASBARRA
- Elena GENTILE
- Arne GERICKE
- Tania GONZÁLEZ PEÑAS
- Nathalie GRIESBECK
- Antanas GUOGA
- Brian HAYES
- Marian HARKIN
- Hans-Olaf HENKEL
- Mike HOOKEM
- Cătălin Sorin IVAN
- Diane JAMES
- Petr JEŽEK
- Ivan JAKOVČIĆ
- Philippe JUVIN
- Barbara KAPPEL
- Afzal KHAN
- Jaromír KOHLÍČEK
- Bernd KÖLMEL
- Béla KOVÁCS
- Giovanni LA VIA
- Marine LE PEN
- Bernd LUCKE
- Paloma LÓPEZ BERMEJO
- Monica MACOVEI
- Louis-Joseph MANSCOUR
- Vladimír MAŇKA
- Ivana MALETIĆ
- Andrejs MAMIKINS
- Hans-Peter MARTIN
Plenary Speeches (1)
- Dominique MARTIN
- Notis MARIAS
- Barbara MATERA
- Valentinas MAZURONIS
- Jean-Luc MÉLENCHON
- Miroslav MIKOLÁŠIK
- Louis MICHEL
- Marlene MIZZI
- Luigi MORGANO
- Sophie MONTEL
- Krisztina MORVAI
- Alessia Maria MOSCA
- József NAGY
- Rareș-Lucian NICULESCU
Plenary Speeches (1)
- Norica NICOLAI
- Antigoni PAPADOPOULOU
Plenary Speeches (1)
- Pier Antonio PANZERI
- Rolandas PAKSAS
- Margot PARKER
- Marijana PETIR
- Miroslav POCHE
- Julia REID
- Christine REVAULT D'ALLONNES BONNEFOY
- Liliana RODRIGUES
- Claude ROLIN
- Virginie ROZIÈRE
- Fernando RUAS
- Lola SÁNCHEZ CALDENTEY
- Ricardo SERRÃO SANTOS
- Maria Lidia SENRA RODRÍGUEZ
- Siôn SIMON
- Branislav ŠKRIPEK
- Monika SMOLKOVÁ
- Davor ŠKRLEC
- Igor ŠOLTES
- Joachim STARBATTY
- Catherine STIHLER
- Beatrix von STORCH
- László SURJÁN
Plenary Speeches (1)
- Patricija ŠULIN
- Neoklis SYLIKIOTIS
- Eleftherios SYNADINOS
- Tibor SZANYI
- Claudia ȚAPARDEL
- Pavel TELIČKA
- Kyriacos TRIANTAPHYLLIDES
Plenary Speeches (1)
- Mihai ŢURCANU
- Mylène TROSZCZYNSKI
- Ramon TREMOSA i BALCELLS
- Marie-Christine VERGIAT
- Miguel VIEGAS
- Jarosław WAŁĘSA
- Lieve WIERINCK
- Dame Glenis WILLMOTT
- Janusz WOJCIECHOWSKI
Plenary Speeches (1)
- Flavio ZANONATO
- Anna ZÁBORSKÁ
- Sotirios ZARIANOPOULOS
- Janusz ZEMKE
- Jana ŽITŇANSKÁ
Votes
A7-0377/2013 - Cecilia Wikström - Am 13 #
A7-0377/2013 - Cecilia Wikström - Am 46 #
A7-0377/2013 - Cecilia Wikström - Résolution législative #
A8-0166/2016 - Cecilia Wikström - Am 1=2= #
Amendments | Dossier |
218 |
2013/0081(COD)
2013/09/04
JURI
9 amendments...
Amendment 10 #
Proposal for a directive Article 3 – paragraph 1 – point g (g) ‘volunteer’ means a third-country national admitted to the territory of a Member State to participate in a recognised voluntary service scheme of limited duration;
Amendment 11 #
Proposal for a directive Article 5 – paragraph 2 2. Once all the general and specific conditions for admission are fulfilled, applicants shall be entitled to a
Amendment 12 #
Proposal for a directive Article 13 – paragraph 1 – point a (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,
Amendment 13 #
Proposal for a directive Article 14 – paragraph 1 – point c (c) produce an agreement, which must be for a fixed period, between the au
Amendment 14 #
Proposal for a directive Article 15 – paragraph 1 1.
Amendment 15 #
Proposal for a directive Article 19 – paragraph 1 – point b (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;
Amendment 16 #
Proposal for a directive Article 24 Amendment 8 #
Proposal for a directive Recital 12 Amendment 9 #
Proposal for a directive Recital 22 (22) Once all the general and specific conditions for admission are fulfilled, Member States should issue an authorisation
source: PE-516.904
2013/09/11
LIBE
128 amendments...
Amendment 100 #
Proposal for a directive Article 19 – paragraph 2 2. Member States may withdraw an authorisation for reasons of public policy
Amendment 101 #
Proposal for a directive Article 19 – paragraph 2 a (new) 2a. 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.
Amendment 102 #
Proposal for a directive Article 20 – paragraph 1 – point c (c) for students, where the time limits imposed on access to economic activities under Article 23 are not respected
Amendment 103 #
Proposal for a directive Article 20 – paragraph 1 – point c (c) for students, where the time limits imposed on access to economic activities under Article 23 are not respected
Amendment 104 #
Proposal for a directive Article 20 – paragraph 1 – point c a (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.
Amendment 105 #
Proposal for a directive Article 21 – paragraph 1 1.
Amendment 106 #
Proposal for a directive Article 21 – paragraph 2 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.
Amendment 107 #
Proposal for a directive Article 21 – paragraph 2 a (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.
Amendment 108 #
Proposal for a directive Article 23 – paragraph 1 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.
Amendment 109 #
Proposal for a directive Article 23 – paragraph 3 Amendment 110 #
Proposal for a directive Article 24 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
Amendment 111 #
Proposal for a directive Article 24 After finalisation of research or studies in the Member State, third-country nationals
Amendment 112 #
Proposal for a directive Article 24 After finalisation of research or studies in the Member State, third-country nationals shall be entitled to stay on the territory of the
Amendment 113 #
Proposal for a directive Article 25 Amendment 114 #
Proposal for a directive Article 25 – title Researchers' and students' family members
Amendment 115 #
Proposal for a directive Article 25 – paragraph 1 1. By way of derogation from Article 3(1) and Article 8 of Directive 2003/86/EC, family reunification shall not be made dependent on the holder of the authorisation to stay for the purposes of research or studies having reasonable prospects of obtaining the right of permanent residence and having a minimum period of residence.
Amendment 116 #
Proposal for a directive Article 25 – paragraph 3 3. By way of derogation from the first subparagraph of Article 5(4) of Directive 2003/86/EC, authorisations for family members shall be granted, where the conditions for family reunification are fulfilled, within 90 days from the date on which the application was lodged, and 60 days from the date of the initial application for family members of third-country national researchers and students covered by the relevant Union programmes including mobility measures.
Amendment 117 #
Proposal for a directive Article 25 – paragraph 4 4. By way of derogation from Article 13(2) and (3) of Directive 2003/86/EC, the duration of validity of the authorisation of family members shall be the same as that of the authorisation granted to the researcher or the student insofar as the period of validity of their travel documents allows it.
Amendment 118 #
Proposal for a directive Article 26 – title Right to mobility between Member States for researchers, students, school pupils, volunteers, unremunerated and remunerated trainees
Amendment 119 #
Proposal for a directive Article 26 – title Right to mobility between Member States for researchers, students
Amendment 120 #
Proposal for a directive Article 26 – title Right to mobility between Member States for researchers, students, school pupils, volunteers, au pairs, unremunerated and remunerated trainees
Amendment 121 #
Proposal for a directive Article 26 – title Right to mobility between Member States
Amendment 122 #
Proposal for a directive Article 26 – paragraph 1 – subparagraph 2 If the researcher stays in another Member State for a period of up to six months, the research may be carried out on the basis of the hosting agreement concluded in the first Member State, provided that he has sufficient resources in the other Member State and is not
Amendment 123 #
Proposal for a directive Article 26 – paragraph 2 – introductory part 2. For periods exceeding three months, but
Amendment 124 #
Proposal for a directive Article 26 – paragraph 2 – introductory part 2. For periods exceeding three months, but not exceeding six months, a third-country national who has been admitted as a student
Amendment 125 #
Proposal for a directive Article 26 – paragraph 2 – introductory part 2. For periods exceeding three months, but not exceeding six months, a third-country national who has been admitted as a student
Amendment 126 #
Proposal for a directive Article 26 – paragraph 2 – introductory part 2. For periods exceeding three months, but not exceeding six months, a third-country national who has been admitted as a student, school pupil, volunteer, au-pair or as an unremunerated or
Amendment 127 #
Proposal for a directive Article 26 – paragraph 2 – point c (c) proof that he/she has been accepted by an establishment of higher education
Amendment 128 #
Proposal for a directive Article 26 – paragraph 2 – point c (c) proof that he/she has been accepted by an establishment of higher education or a training host entity if he/she is a student or trainee;
Amendment 129 #
Proposal for a directive Article 26 – paragraph 2 – point c c) proof that he/she has been accepted by an establishment of higher education
Amendment 130 #
Proposal for a directive Article 26 – paragraph 3 3. For the mobility of students
Amendment 131 #
Proposal for a directive Article 26 – paragraph 3 3. For the mobility of students
Amendment 132 #
Proposal for a directive Article 26 – paragraph 3 3. For the mobility of students
Amendment 133 #
Proposal for a directive Article 27 – title Rights for researchers, school pupils, volunteers, unremunerated and remunerated trainees and students covered by Union programmes including mobility measures
Amendment 134 #
Proposal for a directive Article 27 – title Rights for researchers
Amendment 135 #
Proposal for a directive Article 27 – title Rights for researchers, school pupils, volunteers, unremunerated and remunerated trainees and students covered by Union programmes including mobility measures
Amendment 136 #
Proposal for a directive Article 27 – paragraph 1 – introductory part 1. Member States shall grant third-country nationals, who have been admitted as researchers, school pupils, volunteers, unremunerated or remunerated trainees or students under this Directive and who are covered by Union programmes including mobility measures, an authorization covering the whole duration of their stay in the Member States concerned where:
Amendment 137 #
Proposal for a directive Article 27 – paragraph 1 – introductory part 1. Member States shall grant third-country nationals, who have been admitted as researchers
Amendment 138 #
Proposal for a directive Article 27 – paragraph 1 – introductory part 1. Member States shall grant third-country nationals, who have been admitted as researchers, school pupils, volunteers, unremunerated or remunerated trainees or students under this Directive and who are covered by Union programmes including mobility measures, an authorization covering the whole duration of their stay in the Member States concerned where:
Amendment 139 #
Proposal for a directive Article 27 – paragraph 1 – point a (a) the full list of Member States that the researcher, school pupil, volunteer, unremunerated or remunerated trainee or student intends to go to is
Amendment 140 #
Proposal for a directive Article 27 – paragraph 1 – point a (a) the full list of Member States that the researcher, school pupil, volunteer, unremunerated or remunerated trainee or student intends to go to is known prior to entry to the first Member State;
Amendment 141 #
Proposal for a directive Article 27 – paragraph 1 – point a a) the full list of Member States that the researcher
Amendment 142 #
Proposal for a directive Article 27 – paragraph 1 – point b (b) in the case of students, the applicant can provide evidence of acceptance by the relevant educational establishment
Amendment 143 #
Proposal for a directive Article 27 – paragraph 1 – point b (b) in the case of students or school pupils, the applicant can provide evidence of acceptance by the relevant educational establishment
Amendment 144 #
Proposal for a directive Article 27 – paragraph 1 – point b b) in the case of students, the applicant can provide evidence of acceptance by the relevant establishment of higher education to follow a course of study or, in the case of volunteers, the applicant can provide evidence of acceptance by the voluntary service organisation.
Amendment 145 #
Proposal for a directive Article 27 – paragraph 1 – point b a (new) (ba) in the case of volunteers, the applicant can provide evidence of acceptance by the relevant volunteering provider organisation or programme, such as the European Voluntary Service.
Amendment 146 #
Proposal for a directive Article 27 – paragraph 1 – point b a (new) (ba) in the case of volunteers, the applicant can provide evidence of acceptance by the relevant volunteering provider organisation or programme, such as the European Voluntary Service.
Amendment 147 #
Proposal for a directive Article 27 – paragraph 2 2. The authorisation shall be granted by the first Member State that the researcher, school pupil, volunteer, unremunerated or remunerated trainee or student resides in.
Amendment 148 #
Proposal for a directive Article 27 – paragraph 2 2. The authorisation shall be granted by the first Member State that the researcher
Amendment 149 #
Proposal for a directive Article 27 – paragraph 3 – point b b) for students and for volunteers, the conditions as set out in Article 26 for stays in another Member State
Amendment 150 #
Proposal for a directive Article 28 Amendment 151 #
Proposal for a directive Article 29 – paragraph 1 1. The competent authorities of the Member States shall decide on the complete application for an authorisation and shall notify the applicant in writing, in accordance with the notification procedures laid down in the national law of the Member State concerned, as soon as possible and at the latest within
Amendment 152 #
Proposal for a directive Article 29 – paragraph 1 1. The competent authorities of the Member States shall decide on the complete application for an authorisation and shall notify the applicant in writing, in accordance with the notification procedures laid down in the national law of the Member State concerned, including on any appeal lodged against decisions rejecting an application for an authorisation as soon as possible and at the latest within
Amendment 153 #
Proposal for a directive Article 29 – paragraph 2 2. If the information supplied in support of the application is inadequate, the competent authorities shall inform the applicant as soon as possible of any further information they need and indicate a reasonable deadline to complete the application. The period referred to in paragraph 1 shall be suspended until the authorities have received the additional information required
Amendment 154 #
Proposal for a directive Article 29 – paragraph 2 2. If the information supplied in support of the application is inadequate, the competent authorities shall inform the applicant of any further information they need and, when registering the application, indicate a reasonable deadline to complete the application. The period referred to in paragraph 1 shall be suspended until the authorities have received the additional information required.
Amendment 155 #
Proposal for a directive Article 29 – paragraph 3 3. Any decision rejecting an application for an authorisation shall be notified to the third-country national concerned in accordance with the notification procedures provided for under the relevant national legislation. The notification shall specify the possible redress procedures available, the national court or authority with which the person concerned may lodge an appeal
Amendment 156 #
Proposal for a directive Article 29 – paragraph 4 4. Where an application is rejected or an authorisation issued in accordance with this Directive is withdrawn, the person concerned shall have the right to mount a legal challenge before the authorities of the Member State concerned and shall receive a decision within 60 days of the lodging of an appeal against the decision.
Amendment 157 #
Proposal for a directive Article 30 Member States shall make available easily accessible and understandable information on entry and residence conditions for third-country nationals falling under the scope of this Directive, including the minimum monthly resources required, rights, all documentary evidence needed for an application and the applicable fees. Member States shall make available information on the research organisations approved under Article 8.
Amendment 158 #
Proposal for a directive Article 31 Member States may require applicants to pay fees for the processing of applications in accordance with this Directive. The amount of such fees shall not endanger or constitute an obstacle to the fulfilment of its objectives.
Amendment 159 #
Proposal for a directive Article 31 Member States may require applicants to pay fees for the processing of applications in accordance with this Directive. The amount of such fees shall not
Amendment 160 #
Proposal for a directive Article 31 Member States shall consider waiving fees for entry and residence of third-country nationals for the purpose of this Directive. Member States may require applicants to pay fees for the processing of applications in accordance with this Directive. The amount of such fees shall not endanger the fulfilment of its objectives.
Amendment 161 #
Proposal for a directive Article 31 Member States may require applicants to pay fees for the processing of applications in accordance with this Directive. The
Amendment 162 #
Proposal for a directive Article 32 – paragraph 2 a (new) 2a. Member States shall facilitate the application procedure by allowing third- country nationals to apply and to be able to complete the procedure for any Member State in the embassy or consulate of the Member State which is most convenient for the applicant.
Amendment 163 #
Proposal for a directive Article 35 – paragraph 1 – subparagraph 1 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [t
Amendment 164 #
Proposal for a directive Article 35 – paragraph 1 – subparagraph 1 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [
Amendment 37 #
Proposal for a directive Recital 2 (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.
Amendment 38 #
Proposal for a directive Recital 2 (2) This Directive should respond to the need identified in the implementation reports of the two Directives to remedy the identified weaknesses, and to offer a coherent legal framework for different groups coming to the Union from third countries. It should therefore simplify and streamline the existing provisions for the different groups in a single instrument. Despite differences between the groups covered by this Directive, they also share a number of characteristics which makes it
Amendment 39 #
Proposal for a directive Recital 3 (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 – human capital - in ensuring smart, sustainable and inclusive growth,
Amendment 40 #
Proposal for a directive Recital 6 (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-à-vis the countries of the European Neighbourhood Policy or the Union's
Amendment 41 #
Proposal for a directive Recital 7 (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
Amendment 42 #
Proposal for a directive Recital 8 (8) This Directive should promote the Union as an attractive location for research and innovation and advance the Union in the global competition for talent, 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
Amendment 43 #
Proposal for a directive Recital 8 (8) This Directive should promote the Union as an attractive location for research and innovation and advance the Union in the global competition for talent. Opening the Union up to third-country nationals who may be admitted for the purposes of research is also part of the Innovation Union flagship initiative. Creating an open labour market for Union researchers and for researchers from third countries was also affirmed as a key aim of the European Research Area (ERA), a unified area, in which researchers, scientific knowledge and technology circulate freely.
Amendment 44 #
Proposal for a directive Recital 11 Amendment 45 #
Proposal for a directive Recital 11 (11) In order to make the Union more attractive for third-country national researchers and students, family members of researchers and students, as defined in Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification, should be admitted with them. They should benefit from intra- Union mobility provisions and they should also have access to the labour market.
Amendment 46 #
Proposal for a directive Recital 12 (12) Where appropriate, Member States should
Amendment 47 #
Proposal for a directive Recital 14 (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.
Amendment 48 #
Proposal for a directive Recital 15 (15) The extension and deepening of the
Amendment 49 #
Proposal for a directive Recital 17 (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.
Amendment 50 #
Proposal for a directive Recital 22 (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.
Amendment 51 #
Proposal for a directive Recital 25 (25) Member States
Amendment 52 #
Proposal for a directive Recital 25 (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.
Amendment 53 #
Proposal for a directive Recital 28 (28) Admission may be refused on duly justified grounds. In particular, admission could be refused if a Member State considers, based on an assessment of the facts, in an individual case, that the third- country national concerned is a potential threat to public policy
Amendment 54 #
Proposal for a directive Recital 30 (30) National authorities should inform
Amendment 55 #
Proposal for a directive Recital 30 (30) National authorities should inform third-country nationals who apply for admission to the Member States under this Directive of a decision on the application. They should do so in writing as soon as possible and, at the latest within 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.
Amendment 56 #
Proposal for a directive Recital 32 (32) Union immigration rules and Union programmes including mobility measures should complement each other more. Third-country national
Amendment 57 #
Proposal for a directive Recital 33 (33) In order to allow third-country national students to better cover part of the cost of their studies, they should be given increased access to the labour market under the conditions set out in this Directive, meaning a minimum of 20 hours per week. The principle of access for students to the labour market should be a general rule.
Amendment 58 #
Proposal for a directive Recital 33 (33) In order to allow third-country national students to better cover part of the cost of their studies, they should be given increased access to the labour market under the conditions set out in this Directive, meaning a minimum of 20 hours per week. The principle of access for students to the labour market should be a general rule.
Amendment 59 #
Proposal for a directive Recital 33 (33) In order to allow third-country national students to better cover part of the cost of their studies, they should be given increased access to the labour market under the conditions set out in this Directive
Amendment 60 #
Proposal for a directive Recital 33 (33) In order to allow third-country national students to better cover part of the cost of their studies, they should be given increased access to the labour market under the conditions set out in this Directive, meaning a minimum of 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
Amendment 61 #
Proposal for a directive Recital 34 (34) As part of the drive to ensure a well- qualified workforce for the future
Amendment 62 #
Proposal for a directive Recital 35 (35) The provisions of this Directive are without prejudice to the competence of the Member States to
Amendment 63 #
Proposal for a directive Recital 36 (36) To make the Union more attractive for third-country national researchers, students, pupils, trainees, volunteers and au
Amendment 64 #
Proposal for a directive Recital 36 (36) To make the Union more attractive for third-country national researchers, students, pupils, trainees, volunteers and au pairs, it is important to ensure their fair treatment in accordance with Article 79 of the Treaty.
Amendment 65 #
Proposal for a directive Recital 42 a (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.
Amendment 66 #
Proposal for a directive Article 3 – point g (g) ‘volunteer’ means a third-country national admitted to the territory of a Member State to participate in a recognised voluntary service scheme, carrying out activities which are undertaken voluntarily on the basis of 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;
Amendment 67 #
Proposal for a directive Article 3 – point g a (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.
Amendment 68 #
Proposal for a directive Article 3 – point h (h) ‘voluntary service scheme’ means a programme of activities of practical solidarity, based on a scheme recognised by the Member State or the Union
Amendment 69 #
Proposal for a directive Article 3 – point l a (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;
Amendment 70 #
Proposal for a directive Article 4 – paragraph 2 2. This Directive shall be without prejudice to the right of Member States to adopt or maintain provisions that are more favourable to the persons to whom it applies
Amendment 71 #
Proposal for a directive Article 5 – paragraph 2 2. Once all the general and specific conditions for admission are fulfilled, applicants shall be entitled to a long-stay visa and
Amendment 72 #
Proposal for a directive Article 5 – paragraph 2 2. Once all the general and specific conditions for admission are fulfilled, applicants shall be entitled to a long-stay visa and
Amendment 73 #
Proposal for a directive Article 6 – point d (d) not be
Amendment 74 #
Proposal for a directive Article 6 – point f (f) provide the evidence requested by the Member State that during his/her stay he/she will have sufficient resources to cover his/her subsistence, training and return travel costs, without prejudice to an individual examination of each case. The provision of such evidence shall not be necessary if the third-country national 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.
Amendment 75 #
Proposal for a directive Article 6 – paragraph 1 – point f (f) provide the evidence requested by the Member State that during his/her stay he/she will have sufficient resources to cover his/her subsistence, training and return travel costs, without prejudice to an individual examination of each case. The provision of such evidence shall not be necessary if the third-country national concerned is in receipt of a grant or scholarship, if she/he has received a firm offer of work or an undertaking of sponsorship from a host family, from an organisation operating pupil exchanges or from a volunteering provider;
Amendment 76 #
Proposal for a directive Article 7 – paragraph 5 5. Member States
Amendment 77 #
Proposal for a directive Article 10 – paragraph 1 – point b Amendment 78 #
Proposal for a directive Article 11 – paragraph 1 – point a (a) not be below the minimum age nor above the maximum age set by the Member State concerned. In setting this age limit, Member States shall consider allowing the participation of pupils in such exchange programmes for a period of one year after completion of secondary school;
Amendment 79 #
Proposal for a directive Article 11 – paragraph 2 Amendment 80 #
Proposal for a directive Article 12 – paragraph 1 – subparagraph 1 – point b Amendment 81 #
Proposal for a directive Article 12 – paragraph 1 – subparagraph 1 – point b |