COUNCIL RESOLUTION

of 4 March 1996

on the status of third-country nationals residing on a long-term basis in the territory of the Member States

(96/C 80/02)

THE COUNCIL OF THE EUROPEAN UNION,

Whereas under Article K.1 (3) (b) of the Treaty on European Union the conditions of residence by nationals of third countries on the territory of Member States are regarded as a matter of common interest;

Whereas the Member States must make progress in the adoption of measures to facilitate the integration into the host society of third-country nationals settled in their territory as long-term residents;

Whereas the integration of long term residents contributes to greater security and stability, both in daily life and in work, and to social peace in the various Member States;

Whereas, in order to make progress in the integration of long-term residents in the territory of the State in which they reside, a number of principles common to the Member States should be defined;

Whereas the application of such principles should not interfere with the application of national laws on public policy, public health or public security,

HEREBY ADOPTS THIS RESOLUTION:

I

The Council calls upon the Member States to take account in their policies on integration of the persons referred to in II (1) below of the principles defined in this resolution.

II

1. This resolution shall apply to third-country nationals residing on a long-term basis in the territory of Member States (hereinafter 'long-term residents').

2. This resolution shall not apply to:

(a) the following persons, where their right to freedom of movement is exercised pursuant to the Treaty establishing the European Community or the Agreement on the European Economic Area:

- members of the families of a citizen of the European Union,

- nationals of the Member States of the European Free Trade Association party to the Agreement on the European Economic Area, and members of their families;

(b) nationals of third States whose status is governed by agreements concluded by the European Community and its Member States with third countries, inasmuch as such agreements contain more favourable provisions;

(c) nationals of third States who have been admitted to a Member State for the purposes of study or research.

3. This resolution shall not affect the rights of:

- members of the family of a citizen of the European Union residing with the latter in the Member State of which he is a national where the legislation of that Member State grants them, with respect to residence, in situations where Community law does not apply, the same rights as are granted to persons to whom Community law applies,

- nationals of third countries legally resident in a Member State as refugees within the meaning of the Geneva Convention on the status of refugees of 28 July 1951,

- nationals of a third country with which the Member State concerned has concluded a bilateral agreement governing the conditions of entry, residence or employment.

4. For the purposes of paragraphs 2 and 3, the term 'family members' shall be construed in accordance with Community legislation.

III

1. Without prejudice to the provisions of Point IV, the following third-country nationals should be recognized in each Member State, as long-term residents:

- those who provide proof that they have resided legally and without interruption in the territory of the Member State concerned for a period specified in the legislation of that Member State and, in any event, after 10 years' legal residence,

- those who, under the legislation of the Member State concerned, are granted the same residence conditions as the category of persons referred to in the first indent.

2. In accordance with their national laws, Member States should grant a residence authorization for at least 10 years, or for a period corresponding to the longest period of validity under their national law, which should tend to be of equivalent length, or an unlimited residence authorization, to persons recognized as being long-term residents in accordance with paragraph 1 (1).

IV

1. In any event, the granting of a residence authorization is subject to there being no public policy or national security reasons for not so doing.

2. Where a person makes an application for a residence authorization on grounds of prior lawful, uninterrupted residence in the Member State concerned, it should be possible for the factors determining whether the authorization is to be granted to include the level and stability of the means of existence which the applicant demonstrates, in particular whether he has health insurance, and the conditions for exercising an occupation.

V

1. A long-term resident and the members of his family should, in accordance with the legislation of the Member State in which they reside, have access to the entire territory of that Member State.

2. A long-term resident and the members of his family legally resident with him should enjoy no less favourable treatment than is enjoyed, in accordance with the legislation of the Member State concerned, by nationals of that Member State with regard to:

- working conditions,

- membership of trade unions,

- public policy in the sector of housing,

- social security, in accordance with, in addition to the national legislation of the Member State concerned, the international agreements on the matter,

- emergency health care,

- compulsory schooling.

3. In accordance with the legislation of the Member State concerned, it should be possible for the long-term resident and the members of his family legally resident with him to be granted non-contributory benefits.

VI

It should be possible for a residence authorization granted to a long-term resident to be cancelled or not renewed on one of the following grounds:

- the fact that an expulsion measure has been issued against the long-term resident in accordance with the provisions of the legislation of the Member State concerned, on the understanding that such resident enjoys, with respect to the expulsion measure taken concerning him, the maximum legal protection provided for in the legislation of the said Member State, in accordance with procedures guranteeing that due account is taken of the length of his period of legal residence.

Where the expulsion measure was adopted for reasons of public policy, these should be based on the personal behaviour of the long-term resident involving a sufficiently serious threat to public policy, or to national security;

- the long-term resident has definitively left the territory of the Member State concerned,

- the long-term resident has been absent from the territory of the Member State concerned for a period to be determined by that Member State's legislation, which should in no case be less than six consecutive months,

- the residence authorization has proved to have been obtained by means of fraud.

VII

Long-term residents in the territory of the Member State concerned should be able to obtain authorization to engage in gainful activities, in accordance with the provisions of that Member State's legislation.

VIII

1. The Council calls upon the Member States to notify it, by 1 January 1997, of the changes in their national law in the area covered by this resolution.

2. This resolution is without prejudice to the option open to a Member State to grant a more favourable legal status to third-country nationals residing permanently on its territory.

(1) The residence authorization to which this paragraph refers corresponds in Belgium to the authorization of establishment.