Activities of Romeo FRANZ related to 2022/0134(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council concerning the status of third-country nationals who are long-term residents
Amendments (31)
Amendment 39 #
Proposal for a directive
Recital 18
Recital 18
(18) In order to constitute a genuine instrument for the integration of EU long- term residents into the society in which they live, EU long-term residents should enjoy equality of treatment with citizens of the Member State in a wide range of economic and social matters, under the relevant conditions defined by this Directive. Member States should include a gender-sensitive approach in order to address the specific circumstance, needs and rights of women.
Amendment 42 #
Proposal for a directive
Recital 20
Recital 20
(20) Professional and occupational qualifications acquired by a third-country national in another Member State should be recognised in the same way as those of Union citizens. Qualifications acquired in a third country should be taken into account in accordance with Directive 2005/36/EC of the European Parliament and of the Council35 . This Directive should be without prejudice to the conditions set out under national law for the exercise of regulated professions. Where qualifications of the third-country national were already recognised in another Member State, the Member State concerned should take into account such qualifications in accordance with Directive 2005/36/EC. __________________ 35 Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 255, 30.9.2005, p. 22).
Amendment 57 #
Proposal for a directive
Recital 29
Recital 29
(29) Member States should ensure a level playing field between EU long-term residence permits and national residence permits of permanent or unlimited validity, in terms of procedural and equal treatment rights, procedures and access to information. In particular, Member States should ensure that the level of procedural safeguards and rights granted to EU long- term residents and their family members is not lower than the levelequal pay for equal work, procedures to obtain the respective statuses as well as access to information. In particular, Member States should ensure that, when issuing a national residence permit of permanent or unlimited validity, more favourable provisions ofn procedural safeguards and rights enjoyed by holders of national residence permits of permanent or unlimited validityapply to EU long- term residents and their family members. Member States should also, in particular, ensure that applicants for an EU long-term residence permit are not required to pay higher fees for the processing of their application than applicants for national residence permits. Finally, Member States should engage in the same level of information, promotion and advertisement activities with respect to the EU long-term residence permit as they do for national residence permits of permanent or unlimited validity, for example with regard to information on national websites on legal migration and information campaigns, including the provision of that information in different languages, and training programmes provided to the competent migration authorities. In cases where a third-country national holds a national permanent residence permit and applies for an EU long-term residence permit in the same Member State, the Member State concerned should automatically grant an EU long-term residence permit to the person applying.
Amendment 61 #
Proposal for a directive
Recital 30
Recital 30
(30) Residence ofThis Directive aims to facilitate mobility for EU long-term residents within other Member States should be facilitated. Establishing the conditions subject to which the right to reside in another Member State may be acquired by third-country nationals who are Union (‘intra-EU mobility’) and to reduce the administrative burden associated with such mobility. In the meantime, EU long- term residents should contribute to the effective attainment of an internal market as an area in which the free movement of persons is ensuredhave the possibility to apply for other residence schemes in other Member States. The occupational and geographical mobility of third-country nationals who are already EU long-term residents in one Member State should be recognised as a civil right of long-term residents as well as an important contributor to improving labour market efficiency across the Union, to addressing skills shortages and to offsetting regional imbalances. More attention should be paid to the gender- related dimensions of the labour market and the feminisation of labour migration due to the increasing demands in different sectors, in particular in the general care and healthcare sectors. Third-country nationals can bring relevant education and skills to bridge labour gaps or support skill transfer in the context of the green transition. Where green job skills are lacking, building them for both current and future migrant workers, as well as host community workers, can increase capacity and flexibility to meet green transition needs.
Amendment 67 #
Proposal for a directive
Recital 34
Recital 34
(34) In order to facilLabour market checks constitaute the intra-EU mobility of EU long-term residents for the exercise of an economic activity in an employed or self-employed capacity, noa barrier to effective intra-EU mobility and an unnecessary administrative burden imposed on EU long-term residents. Therefore, Member States should not carry out any check of the labour market situation should be carried outin a second Member State when examining applications for residence in a second Member State for the exercise of an economic activity in an employed or self-employed capacity.
Amendment 76 #
Proposal for a directive
Recital 40
Recital 40
Amendment 80 #
Proposal for a directive
Recital 41
Recital 41
(41) Third-country nationals should be granted the possibility of acquiring EU long-term resident status iupon the Member State where they have moved and have decided to settle under the same conditions as those required for its acquisition in the first Member State. However, the required period of residence ir arrival or as long as they possess a valid EU long-term residence permit in the first Member State. To exercise intra-EU mobility, EU long-term residents should present their EU long-term residence permit from the first Member State and a valid travel document. Member States may require an EU long-term resident to present evidence that all conditions in the secondfirst Member State should be three years and it should not be possible to cumulate periods of residence in different Member States. In that case, iare fulfilled. If necessary, Member States may also require an EU long-term resident to provide a proof of income for the past six months and evidence of a sickness insurance. It should be left to the second Member State to decide whether it will grant social assistance, or maintenance assistance for studies, including vocational training, to EU long-term residents other than those who are workers or self- employed persons or their family members, prior to the completion of fivthree years of legal and continuous residence in its territory, bearing in mind that Union citizens who have exercised free movement rights in a capacity other than that of workers or self- employed persons in accordance with Directive 2004/38/EC or Article 21 TFEU, or their family members, may also be refused such benefits prior to the completion of five years of legal and continuous residence. The second Member State may decide to grant such assistance to EU long-term residents prior to the completion of fivthree years of legal and continuous residence, provided that it ensures the same treatment to Union citizens exercising free movement rights in accordance with Directive 2004/38/EC or Article 21 TFEU, other than workers, self- employed persons or persons who retain such status, their family members, as well as third-country nationals enjoying the right of free movement equivalent to that of Union citizens under an agreement between the Union and its Member States, on the one hand, and third countries on the other, and their family members. Furthermore, prior to the completion of five years of legal and continuous residence in that Member State, where an EU long-term resident has ceased an employed or self-employed activity and he/she does not have sufficient resources for himself/herself and his/her family members and comprehensive sickness insurance cover so as not to become an unreasonable burden on the social assistance system of the secondUpon granting of the EU long-term residence, all rights and procedural safeguards in this Directive applicable to EU long-term residents and their family members in the first Member State, his/her legal stay may be ended on that ground, bearing in mind that Union citizens who have exercised free movement rights and their family members may be expelled in such a situation should apply to EU long-term residents and their family members in the second Member State.
Amendment 93 #
Proposal for a directive
Article 5 – paragraph 1 – point a a (new)
Article 5 – paragraph 1 – point a a (new)
(aa) By way of derogation to paragraph 1(a) of this article, Member States may consider access to social assistance in the evaluation of the stable and regular resources, based on individual circumstances, to ensure compliance with non-discrimination;
Amendment 96 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. For the purpose of paragraph 1, point (a), Member States shall evaluate the stable and regular resources by reference to their nature and regularity and may take into account the level of minimum wages and pensions prior to the application for long-term resident status. Member States may indicate a certain sum as a reference amount, but they may not impose a minimum income level, below which all applications for EU long-term resident status would be refused, irrespective of an actual examination of the situation of each applicant.
Amendment 98 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Where Member States issue national residence permits in accordance with Article 14, they shall not requir(1), all conditions to acquire the EU long-term residentce permit applicants to comply with stricter resources and integration conditions than those imposed on applicants for such national residence permitsshall be considered to be fulfilled.
Amendment 115 #
Proposal for a directive
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) recognition of professionaloccupational and professional qualifications, including diplomas, certificates and other qualifications, in accordance with the relevant national procedures, and should take into account qualifications acquired in a third country in accordance with Directive 2005/36/EC where the latter qualification were already recognised in another Member State;
Amendment 118 #
Proposal for a directive
Article 12 – paragraph 1 – point d
Article 12 – paragraph 1 – point d
(d) access to branches of social security referred to in Article 3 of Regulation (EC) No 883/2004 of the European Parliament and of the Council40 , and social assistance and social protection as defined by national law; __________________ 40 Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ L 166, 30.4.2004, p. 1).
Amendment 120 #
Proposal for a directive
Article 12 – paragraph 1 – point f
Article 12 – paragraph 1 – point f
(f) access to goods and services and the supply of goods and services made available to the public , including access to private housing, and to procedures for obtaining public and social housing;
Amendment 126 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 130 #
Proposal for a directive
Article 12 – paragraph 3 – point b
Article 12 – paragraph 3 – point b
(b) Member States may require proof of appropriate language proficiency for access to education and training. Access to university may be subject to the fulfilment of specific educational prerequisites. Member States may not require proof of appropriate language proficiency for access to early childhood education and care.
Amendment 133 #
Proposal for a directive
Article 12 – paragraph 5
Article 12 – paragraph 5
5. EU long-term residents moving to a third country, or their survivors who reside in a third country and who derive rights from an EU long-term resident, shall receive, in relation to old age, invalidity and death, statutory pensions based on the EU long-term resident's previous employment that were acquired in accordance with the legislation referred to in Article 3 of Regulation (EC) No 883/2004, under the same conditions and at the same rates as nationals of the Member States concerned where such nationals move to a third country. In cases where no bilateral social security agreement exists between the Member State and the third country in question, any resulting difficulty for EU long-term residents to receive their pension entitlements shall be addressed by the Member State in a timely and effective manner.
Amendment 141 #
Proposal for a directive
Article 15 – paragraph 4
Article 15 – paragraph 4
4. By way of derogation from Article 14(2) of Directive 2003/86/EC, Member States shall not examine the situation of their labour market in relation to the family members concerned.
Amendment 143 #
Proposal for a directive
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4a. By way of derogation from Article 14(1), point (b), of Directive 2003/86/CE family members shall have access to any employment, and to self-employed activity in accordance with applicable requirements under national law, in the Member State concerned.
Amendment 144 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. AFor the purpose of exercising long-term mobility, an EU long-term resident shall acquire the right to reside in the territory of a second Member State, in accordance with Articles 17 and 27, provided that the conditions set out in this Chapter are mend in Article 14(2) are met. The EU long-term resident shall apply for a residence permit in the first three months after entering the territory of the second Member State. The competent national authorities shall provide complete and clear information in different languages about the differences in rights and procedural guarantees depending on the type of a residence permit.
Amendment 145 #
Proposal for a directive
Article 16 – paragraph 2 – point b
Article 16 – paragraph 2 – point b
(b) pursuit of studies or vocational trainingincluding apprenticeships, internships or traineeships;
Amendment 147 #
Proposal for a directive
Article 16 – paragraph 3 – subparagraph 2
Article 16 – paragraph 3 – subparagraph 2
Amendment 149 #
Proposal for a directive
Article 16 a (new)
Article 16 a (new)
Article 16a Short-term mobility For the purpose of exercising short-term mobility, where a third-country national who holds a valid EU long-term residence permit issued by a Member State that applies the Schengen acquis in full enters and stays in one or several Member States for a period of 90 days in any 180-day period for the purpose of carrying out a business activity, the second Member State shall not require any authorisation for exercising such activity other than the long-term residence permit. A third- country national who holds a valid EU long-term residence permit issued by a Member State that does not apply the Schengen acquis in full shall be entitled to enter and stay for the purpose of carrying out a business activity in one or several Member States for up to 90 days in any 180-day period on the basis of the EU long-term residence and a valid travel document. Where the EU long-term resident crosses an internal border for which controls have not yet been lifted into a second Member State that applies the Schengen acquis in full, the second Member State may require the EU long- term resident to provide evidence of the business purpose of the stay. The second Member State shall not require any authorisation for exercising the business activity other than the EU long-term residence permit.
Amendment 151 #
Proposal for a directive
Article 17 – paragraph 2 – point a
Article 17 – paragraph 2 – point a
(a) stable and regular resources , also made available by a third party, which are sufficient to maintain themselves and the members of their families, without recourse to the social assistance of the Member State concerned. For each of the categories referred to in Article 16(2), Member States shall evaluate these resources by reference to their nature and regularity and may take into account the level of minimum wages and pensions;
Amendment 155 #
Proposal for a directive
Article 17 – paragraph 4 – subparagraph 1
Article 17 – paragraph 4 – subparagraph 1
The application shall be accompanied by documentary evidence, to be determined by national law, that the persons concerned meet the relevant conditions, as well as by their EU long-term residentce permit and a valid travel document or their certified copies.
Amendment 156 #
Proposal for a directive
Article 17 – paragraph 4 – subparagraph 2 – introductory part
Article 17 – paragraph 4 – subparagraph 2 – introductory part
In particularf applicable, additional documentary evidence shall be limited to:
Amendment 160 #
Proposal for a directive
Article 17 – paragraph 4 – subparagraph 3
Article 17 – paragraph 4 – subparagraph 3
With regard to the exercise of an economic activity in a regulated profession as defined in Article 3(1), point (a), of Directive 2005/36/EC, for the purpose of applying for a residence permit in a second Member State, EU long-term residents shall enjoy equal treatment with Union citizens as regards recognition of professional and occupational diplomas, certificates and other qualifications, in accordance with applicable Union and national law.
Amendment 169 #
Proposal for a directive
Article 24 – paragraph 2 – subparagraph 2
Article 24 – paragraph 2 – subparagraph 2
Amendment 171 #
Proposal for a directive
Article 24 – paragraph 2 – subparagraph 3
Article 24 – paragraph 2 – subparagraph 3
Amendment 179 #
Proposal for a directive
Article 26 – paragraph 3 – subparagraph 1
Article 26 – paragraph 3 – subparagraph 1
Amendment 182 #
Proposal for a directive
Article 26 – paragraph 3 – subparagraph 2
Article 26 – paragraph 3 – subparagraph 2
The second Member State may decide to confer entitlement to such assistance to EU long-term residents prior to the completion of fivthree years of legal and continuous residence, provided that it ensures the same treatment to Union citizens exercising free movement rights in accordance with Directive 2004/38/EC or Article 21 TFEU, other than workers, self-employed persons or persons who retain such status, their family members, as well as third-country nationals enjoying the right of free movement equivalent to that of Union citizens other than workers, self-employed persons or persons who retain such status under an agreement between the Union and its Member States, on the one hand, and third countries on the other, and their family members.
Amendment 184 #
Proposal for a directive
Article 26 – paragraph 4
Article 26 – paragraph 4