Activities of Kyriacos TRIANTAPHYLLIDES related to 2013/0081(COD)
Plenary speeches (1)
Conditions of entry and residence[nbsp ]of third-country nationals (debate)
Shadow reports (1)
REPORT 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) PDF (511 KB) DOC (602 KB)
Amendments (36)
Amendment 37 #
Proposal for a directive
Recital 2
Recital 2
(2) This Directive should respond to the need identified in the implementation reports of the two Directives to remedy the identified weaknesses, 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 39 #
Proposal for a directive
Recital 3
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, and therefore contributeing to the achievement of the objectives of the Europe 2020 Strategy, and therefore their entry and residence should be facilitated as much as possible.
Amendment 40 #
Proposal for a directive
Recital 6
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 strategic partners. It should allow for a better contribution to the Global Approach to Migration and Mobility and its Mobility Partnerships which offer a concrete framework for dialogue and cooperation between the Member States and third countries, including in facilitating and organizing lregalular migration.
Amendment 41 #
Proposal for a directive
Recital 7
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 and helps to promote better familiarity among cultures, while strengthening cultural links and enriching cultural diversity.
Amendment 47 #
Proposal for a directive
Recital 14
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 50 #
Proposal for a directive
Recital 22
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 52 #
Proposal for a directive
Recital 25
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 55 #
Proposal for a directive
Recital 30
Recital 30
(30) National authorities should inform third-country nationals who apply for admission to the Member States under this Directive of a decision on the application. They should do so in writing as soon as possible and, at the latest within 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
Recital 32
(32) Union immigration rules and Union programmes including mobility measures should complement each other more. Third-country national researchers and students covered by such Union programmess who fall within the scope of this Directive should be entitled to move to thedifferent Member States foreseewithin the Union on the basis of the authorisation granted by the first Member State, as long as the full list of those Member States is known before entry into the Union. Such an authorisation should allow them to exercise mobility without the need to provide any additional information or to complete any other application procedures. Member States are encouraged to facilitate the intra-Union mobility of third-country national volunteers where volunteering programmes cover more than one Member State.
Amendment 57 #
Proposal for a directive
Recital 33
Recital 33
(33) In order to allow third-country national students to better cover part of the cost of their studies, they should be given increased access to the labour market under the conditions set out in this Directive, meaning a minimum of 20 hours per week. The principle of access for students to the labour market should be a general rule. However, in exceptional circumstances Member States should be able to take into account the situation of their national labour markets, although this must not risk entirely negating the right to work.
Amendment 61 #
Proposal for a directive
Recital 34
Recital 34
(34) As part of the drive to ensure a well- qualified workforce for the future, Member States should allow students who graduate in the Union and to respect and value the work and overall contribution of students who graduate in the Union, Member States should allow those students to remain on their territory with the intention to identify work opportunities or to set up a business for 12 months after expiry of the initial authorisation. They should also allow researchers to do so upon completion of their research project as defined in the hosting agreement. This should not amount to an automatic right of access to the labour market or to set up a business. They may be requested to provide evidence in accordance with Article 24.
Amendment 65 #
Proposal for a directive
Recital 42 a (new)
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 68 #
Proposal for a directive
Article 3 – point h
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 , pursuing objectives of general interest for a non-profit cause;
Amendment 73 #
Proposal for a directive
Article 6 – point d
Article 6 – point d
(d) not be regarded as a threat to public policy, public security or public health;
Amendment 74 #
Proposal for a directive
Article 6 – point f
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 78 #
Proposal for a directive
Article 11 – paragraph 1 – point a
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
Article 11 – paragraph 2
Amendment 80 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point b
Article 12 – paragraph 1 – subparagraph 1 – point b
Amendment 83 #
Proposal for a directive
Article 13 – point c
Article 13 – point c
(c) and, if the host Member State specifically requires it, receive a basic introduction to the language, history and political and social structures of that Member State.
Amendment 87 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Member States shall issue an authorisation for researchers for a period of at least one year and shall renew it free of charge if the conditions laid down in Articles 6, 7 and 9 are still met. If the research project is scheduled to last less than one year, the authorisation shall be issued for the duration of the project.
Amendment 88 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Member States shall issue an authorisation for students for the whole duration of their studies or for a period of at least one year and shall renew it free of charge if the conditions laid down in Articles 6 and 10 are still met. If the period of studies is scheduled to last less than one year, the authorisation shall be issued for the duration of the studies.
Amendment 90 #
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. For school pupils and au pairs, Member States shall issue an authorisation covering the entire length of their stay for a maximum period of one year.
Amendment 92 #
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
4. The period of validity of an authorisation issued to trainees shall correspond to the duration of the placement or shall be for a maximum of one year. In exceptional cases, it may be renewed, free of charge once only and in the form of a permit and exclusively for such time as is needed to acquire a vocational qualification recognised by a Member State in accordance with its national legislation or administrative practice, provided the holder still meets the conditions laid down in Articles 6 and 12.
Amendment 97 #
Proposal for a directive
Article 19 – paragraph 1 – point f
Article 19 – paragraph 1 – point f
(f) for students, where the time limits imposed on access to economic activities under Article 23 are not respected or if the respective student does not make acceptable progress in the relevant studies in accordance with national legislation or administrative practice.
Amendment 102 #
Proposal for a directive
Article 20 – paragraph 1 – point c
Article 20 – paragraph 1 – point c
(c) for students, where the time limits imposed on access to economic activities under Article 23 are not respected or where the student does not make acceptable progress in the relevant studies in accordance with national legislation or administrative practice.
Amendment 108 #
Proposal for a directive
Article 23 – paragraph 1
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 110 #
Proposal for a directive
Article 24
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 3six and less than 6nine months, third-country nationals may be requested to provide evidence that they continue to seek employment or are in the process of setting up a business. After a period of 6nine months, third-country nationals may additionally be requested to provide evidence that they have a genuine chance of being engaged or of launching a business.
Amendment 118 #
Proposal for a directive
Article 26 – title
Article 26 – title
Right to mobility between Member States for researchers, students, school pupils, volunteers, unremunerated and remunerated trainees
Amendment 122 #
Proposal for a directive
Article 26 – paragraph 1 – subparagraph 2
Article 26 – paragraph 1 – subparagraph 2
If the researcher stays in another Member State for a period of up to six months, the research may be carried out on the basis of the hosting agreement concluded in the first Member State, provided that he has sufficient resources in the other Member State and is not considered as a threat to public policy, public security or public health in the second Member State.
Amendment 125 #
Proposal for a directive
Article 26 – paragraph 2 – introductory part
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 or as a , school pupil, volunteer, au pair, remunerated or unremunerated trainee under this Directive shall be allowed to carry out part of his/her studies/traineeship/volunteer activity in another Member State provided that before his or her transfer to that Member State, he/she has submitted the following to the competent authority of the second Member State:
Amendment 128 #
Proposal for a directive
Article 26 – paragraph 2 – point c
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 153 #
Proposal for a directive
Article 29 – paragraph 2
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 155 #
Proposal for a directive
Article 29 – paragraph 3
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 and, the time limit for taking action and provide all relevant practical information which facilitates the exercise of his/her right.
Amendment 156 #
Proposal for a directive
Article 29 – paragraph 4
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
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
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.