Activities of Hélène FLAUTRE related to 2013/0081(COD)
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 (42)
Amendment 45 #
Proposal for a directive
Recital 11
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
Recital 12
(12) Where appropriate, Member States should be encouraged to treat PhD candidates as researchers, and pupils attending secondary school for vocational training as students.
Amendment 53 #
Proposal for a directive
Recital 28
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, or public security or public health.
Amendment 60 #
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 negatinge the right to work.
Amendment 66 #
Proposal for a directive
Article 3 – point g
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)
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 69 #
Proposal for a directive
Article 3 – point l a (new)
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 72 #
Proposal for a directive
Article 5 – paragraph 2
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/or residence permit, where appropriate, to a residence permit which shall have the same validity period and allow them the possibility of a multiple entry visa. If a Member State issues residence permits only on its territory and not elsewhere and all the admission conditions laid down in this Directive are fulfilled, the Member State concerned shall issue the third- country national the requisite visa.
Amendment 75 #
Proposal for a directive
Article 6 – paragraph 1 – point f
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
Article 7 – paragraph 5
5. Member States may acceptshall examine, in accordance with their national legislation, an application submitted when the third- country national concerned is already in their territory.
Amendment 81 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point b
Article 12 – paragraph 1 – subparagraph 1 – point b
Amendment 84 #
Proposal for a directive
Article 14 – point a
Article 14 – point a
Amendment 86 #
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
After successful authorisation and grant of a visa, the host entity shall be registered in an accreditation system, in order to facilitate future application procedures.
Amendment 89 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Member States shall issue an authorisation for students for a period of at least one year andt least the full period of study and where appropriate shall renew it 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 91 #
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 for a maximum period of one yeat least the period of the pupil exchange scheme or for at least the period of the agreement between the host family and the au pair.
Amendment 93 #
Proposal for a directive
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. Member States shallmay reject an application in the following cases:
Amendment 94 #
Proposal for a directive
Article 18 – paragraph 1 – point c
Article 18 – paragraph 1 – point c
Amendment 95 #
Proposal for a directive
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
1. Member States shallmay withdraw an authorisation in the following cases:
Amendment 96 #
Proposal for a directive
Article 19 – paragraph 1 – point c
Article 19 – paragraph 1 – point c
Amendment 98 #
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 99 #
Proposal for a directive
Article 19 – paragraph 1 – point f a (new)
Article 19 – paragraph 1 – point f a (new)
(fa) for students, where they do not make acceptable progress in the relevant studies in accordance with national law. The Member State concerned may withdraw an authorisation on those grounds only with the prior consent of the educational establishment concerned.
Amendment 100 #
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Member States may withdraw an authorisation for reasons of public policy, or public security or public health.
Amendment 101 #
Proposal for a directive
Article 19 – paragraph 2 a (new)
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 103 #
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 104 #
Proposal for a directive
Article 20 – paragraph 1 – point c a (new)
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 112 #
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 StateEuropean Union for a period of 128 months in order to look for work or set up a business , if the conditions laid down in points (a) and (c) to (f) of Article 6 are still fulfilled. In a period of more than 3 and less than 6 months, third-country nationals may be requested to provide evidence that they continue to seek employment or are in the process of setting up a business. After a period of 612 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 114 #
Proposal for a directive
Article 25 – title
Article 25 – title
Researchers' and students' family members
Amendment 115 #
Proposal for a directive
Article 25 – paragraph 1
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
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
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 121 #
Proposal for a directive
Article 26 – title
Article 26 – title
Right to mobility between Member States for researchers, students and remunerated trainees
Amendment 126 #
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, school pupil, volunteer, au-pair or as an unremunerated or as a remunerated 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 130 #
Proposal for a directive
Article 26 – paragraph 3
Article 26 – paragraph 3
3. For the mobility of students an, school pupils, au-pairs, volunteers and unremunerated or remunerated trainees from the first Member State to a second Member State, the authorities of the second Member State shall inform the authorities of the first Member State on their decision. The cooperation procedures set out in Article 32 shall apply.
Amendment 133 #
Proposal for a directive
Article 27 – title
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
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
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 142 #
Proposal for a directive
Article 27 – paragraph 1 – point b
Article 27 – paragraph 1 – point b
(b) in the case of students, the applicant can provide evidence of acceptance by the relevant educational establishment of higher education to follow a course of study.
Amendment 146 #
Proposal for a directive
Article 27 – paragraph 1 – point b a (new)
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
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 152 #
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
1. The competent authorities of the Member States shall decide on the complete application for an authorisation and shall notify the applicant in writing, in accordance with the notification procedures laid down in the national law of the Member State concerned, including on any appeal lodged against decisions rejecting an application for an authorisation as soon as possible and at the latest within 630 days from the date on which the application was lodged, and within 30 days in the case of third-country national researchers and students covered by Union programmes including mobility measuresor the appeal was lodged.
Amendment 154 #
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 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 161 #
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 amountlevel of such fees shall not endangbe excessive or disproportionate. Where those fulfilment of its objectiveees are paid by the third-country national remunerated trainee or au-pair, that third-country national shall be entitled to be reimbursed by the host entity or the host family respectively. The fees concerned shall be waived in the case of non-remunerated trainees and volunteers.