A4-0045/99

Proposal for a Council Act establishing the Convention on rules for the admission of third-country nationals to the Member States (COM(97)0387 - C4-0681/97 - 97/0227(CNS))

The proposal was approved with the following amendments:

(Amendment 1)

Citation 3a (new)

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Having regard to the amended proposal from the Commission,

Convention

(Amendment 48)

Recital 7

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7. CONSIDERING that the common rules should also define the rights of third-country nationals residing legally in a Member State, especially those who are resident on a long-term basis, and the conditions under which they may enjoy those rights in a Member State other than the Member State where they have acquired the status of long-term residents,

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7.

CONSIDERING that the Commission, after the entry into force of the Treaty of Amsterdam, will issue a new proposal based on the EC Treaty and that this proposal will deal with admission; considering that a separate proposal must be issued, also on the basis of the EC Treaty, concerning a statute for the rights and obligations of third-country nationals residing legally in a Member State.

(Amendment 2)

Article 2(1), 1st subparagraph (ba)(new)

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(ba) provisions which Member States apply in favour of categories of their own nationals;

(Amendment 3)

Article 2(1), 2nd subparagraph, introduction

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It shall not apply to:

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It shall not apply to

the establishment of the residence status of:

(Amendment 4)

Article 2(1), 3rd paragraph (new)

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The foregoing shall not affect the rights of the persons in these categories to make use of their right of family reunification. If such persons wish to apply for a residence permit, or require a residence permit for another purpose, the Member State of residence may permit them to submit the application on its territory and to await the reply;

(Amendment 5)

Article 3(1)

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1. An initial application of a third-country national for admission to a Member State may be considered by the competent authorities only if the applicant is outside the territory of the Member States when the application is made and remains so until notified of the decision reached.

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1.

An initial application by a third-country national for admission to a Member State may in principle be considered by the competent authorities only if the applicant is outside the territory of the Member States when the application is made and remains so until notified of the decision reached.

(Separate vote)

Article 5

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Article 5

Permitted absences

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Deleted

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1. Third-country nationals admitted to a Member State shall be permitted to leave that Member State for reasons other than those for which they were admitted to it, for a period not exceeding 13 full weeks in any full calendar year plus statutory holidays.

Where the absence is for the same reasons as those which justified their admission, the limit as to duration contained in the first subparagraph shall not apply.

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2. By way of derogation from paragraph 1, third-country nationals recognized as long-term residents in accordance with Articles 32 and 33 may leave the Member State where they have been recognized as long-term residents for a period not exceeding 26 consecutive weeks. This period may be exceeded where they leave the Member State to change their Member State of residence in accordance with Article 35.

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3. Longer authorized periods of absence than those provided for by paragraphs 1 and 2 may be permitted:

(a) provided that a request based on cogent grounds is submitted by the person concerned before leaving and receives approval;

(b) provided that a request based on exceptional grounds is submitted by the person concerned after leaving and receives approval.

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A list of such grounds shall be defined in accordance with the procedure laid down in Article 36.

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(Amendment 8)

Article 6(1)

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1. Without prejudice to the provisions of the 1951 Geneva Convention, third-country nationals may, when their authorised period of residence expires, apply locally for the renewal of their residence authorisation if the conditions which justified the granting of admission are still met.

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1.

Without prejudice to the provisions of the 1951 Geneva Convention, third-country nationals may, when their authorised period of residence expires, apply locally for the renewal of their residence authorisation if the conditions which justified the granting of admission are still met or for any other reason covered by this Convention.

(Amendment 9)

Article 6(2)

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2. Without prejudice to the provisions of Article 31, third-country nationals may only submit an application for admission on a different ground from that on which admission was previously granted if they are outside the territory of the Member States. Fresh applications of this kind may be considered only if the applicant is staying outside the territory of the Member States when the application is made and remains so until notified of the decision reached.

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(Amendment 10)

Article 6(3)

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3. By way of derogation from paragraph 2, applications for admission made locally on a different ground from that on which admission was previously granted shall be permitted, but only in circumstances strictly set out in accordance with the procedure under Article 36 for the following persons:

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(a) persons admitted pursuant to Article 7 or 8 and wishing to reside pursuant to Chapter IV;

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(b) persons admitted pursuant to Chapter IV and wishing to reside pursuant to Article 7 or 8.

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(Amendment 11)

Article 6(4)

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4. By way of derogation from paragraphs 2 and 3, third-country nationals who have been recognised as long-term residents under Articles 32 and 33 shall not be required to leave the territory of the Member States in order to submit an application for renewal of their residence authorisation.

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Deleted

(Amendment 12)

Article 7(1), introduction

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1. A third-country national may be granted admission to the territory of a Member State for the purposes of paid employment where a job vacancy in a Member State cannot be filled in the short term:

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1. Except in those Member States, regions and economic sectors where a policy of quotas, or other measures established to fulfil a demand for labour, are applied, a third-country national may be granted admission to the territory of a Member State for the purposes of paid employment where a job vacancy in a Member State cannot be filled in the short term:

(Amendment 50)

Article 7(1), 2nd subparagraph (new)

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To avert uncertainty as to the law, the Commission shall take the steps required to set up a Europe-wide monitoring system with a view to implementing points (a), (b), and (c) above.

(Amendment 13)

Article 8(1)

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1. On their initial admission for the purposes of paid employment, third-country nationals must already have obtained a work contract of not less than one year's duration and authorisation to take up that employment in the territory of the Member State concerned. Once these conditions are satisfied, and admission is granted, third-country nationals shall be issued with a residence authorisation for a period at least equivalent to the duration of the work contract. The first residence authorisation, however, is limited to a period of four years.

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1.

On their initial admission for the purposes of paid employment, third-country nationals must already have obtained the offer of a work contract of not less than one year's duration and authorisation to take up that employment in the territory of the Member State concerned. Once these conditions are satisfied, and admission is granted, third-country nationals shall be issued with a residence authorisation for a period at least equivalent to the duration of the work contract. The first residence authorisation, however, is limited to a period of four years.

(Amendment 14)

Article 9(2)

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2. Third-country nationals may be admitted as seasonal workers for up to six months in any calendar year, after which they must return to a third country.

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2. Without prejudice to the measures applied by the Member States authorising seasonal workers to remain on their territory to work in one or more sectors of seasonal economic activity for a longer period, third-country nationals may generally be admitted as seasonal workers for up to six months in any calendar year, after which they must return to a third country.

(Amendment 15)

Article 9(4)

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4. In admitting seasonal workers, a Member State shall give third-country nationals who have previously performed seasonal work in that State preference over third-country nationals making their first application for admission for the purposes of seasonal work.

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4.

In admitting seasonal workers, a Member State may give third-country nationals who have previously performed seasonal work in that State preference over third-country nationals making their first application for admission for the purposes of seasonal work.

(Amendment 16)

Article 10(1)

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1. For the purposes of this Convention, 'transfrontier workers¨ means third-country nationals resident in the frontier zone of a third country who are employed in the frontier zone of an adjacent Member State and who return to the frontier zone of that third country each day or at least once a week.

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1.

For the purposes of this Convention, 'transfrontier workers¨ means third-country nationals who pursue their economic activity in a Member State and are resident in the third country in question, and who in principle return to that third country each day or at least once a week.

(Amendment 17)

Article 11, 2nd paragraph (new)

>Original text>

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The substance and interpretation of the term 'independent economic activity' shall be the same as those of the term 'establishment' in Article 52 of the Treaty, and shall include the setting up and management of undertakings, in particular companies or firms within the meaning of the second paragraph of Article 58 of the Treaty, under the conditions laid down for its own nationals by the law of the country where such establishment is effected;

(Amendment 19)

Article 15, 2nd paragraph (new)

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The Member States may require evidence that third-country nationals have the financial means to support the cost of their studies and subsistence for themselves so that during their stay they do not need to claim social assistance in the host Member State and the earning of an income is not the principal aim. They may also require evidence of health cover for all risks in the host Member State if required by its national legislation.

(Amendment 20)

Article 16(1)

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1. The period of residence shall be limited to the length of the course of study chosen. The duration of the residence authorisation issued shall be the same as the duration of enrolment at the establishment attended.

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1.

The period of residence shall be limited to the length of the course of study chosen. The specific difficulties that a foreigner may encounter shall be taken into account in this context.

(Amendment 21)

Article 16(3)

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3. Students may not change their course of study after the first year. If they do change course after that time, they shall make a fresh admission application for study purposes.

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3. It will only be possible for students to change their course of study after the first year if they are still pursuing the foundation course. If they do change course after that time, they shall make a fresh admission application for study purposes.

(Amendment 22)

Article 16(4a) (new)

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4a. A Member State may permit persons to enter who are interested in preparing their application for studies in the respective State or who can demonstrate a genuine and realistic plan for completing a course of study. Provision may be made for the person concerned not to be required to leave the country in order to obtain an extension of his/ her residence authorisation.

(Amendment 23)

Article 20, 1st paragraph

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Member States shall facilitate the admission of third-country nationals as students, trainees or researchers, under cooperation programmes that receive Community funding.

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Member States shall facilitate the admission of third-country nationals as students, trainees or researchers, under cooperation programmes that receive

national or Community funding.

(Amendment 24)

Article 21

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The provisions of this chapter shall not apply to:

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The provisions of this chapter shall not apply to pupils in primary and secondary education.

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(a) pupils in primary and secondary education;

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(b) apprentices.

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(Amendment 25)

Article 22, 1st paragraph, introduction

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Third-country nationals to whom the provisions of Chapters III, IV, V or VII do not apply may be granted admission to the territory of a Member State if they satisfy the following requirements:

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Third-country nationals to whom the provisions of Chapters III, IV, V or VII do not apply

shall be granted admission to the territory of a Member State if they satisfy the following requirements:

(Amendment 26)

Article 23(2)

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2. Residence authorisations may be extended for at least one year. Third-country nationals must show that they continue to satisfy the requirements laid down in Article 22 when they apply for an extension.

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2.

Residence authorisations may be extended. Third-country nationals must show that they continue to satisfy the requirements laid down in Article 22 when they apply for an extension.

(Amendment 27)

Article 26(1)(c)

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(c) children, including adopted children, of the resident or his or her spouse where one or other of them has sole parental authority over those children, has been given custody of them, and is de facto responsible for them.

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(c)

children, including adopted children, of the resident or his or her spouse;

(Amendment 28)

Article 26(2)

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2. To qualify for admission for the purposes of family reunification, children shall be below the age of legal majority in the Member State concerned and shall be unmarried.

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2.

To qualify for admission for the purposes of family reunification, children shall be below the age of legal majority in the Member State concerned and shall be unmarried at the time when the application is made.

(Amendment 29)

Article 27(2)

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2. Member States may refuse to admit a spouse or an adopted child for the purposes of family reunification or may withdraw their residence authorisation, if it is found that the sole purpose of the marriage or adoption was to enable such person to be admitted to a Member State.

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2.

Member States may refuse to admit a spouse or an adopted child for the purposes of family reunification or may withdraw their residence authorisation, if it is found that the sole purpose of the marriage or adoption was to enable such person to be admitted to a Member State. The burden of proof shall lie with the Member State.

(Amendment 30)

Article 28(1)

>Original text>

1. To exercise their right to family reunification, a third-country national shall submit an application in the Member State where he is resident and at the same time furnish proof that he has suitable accommodation and adequate means to support his family when reunited. This application may be submitted six months after his entry into the Member State where he is resident.

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1.

To exercise their right to family reunification, a third-country national shall submit an application in the Member State where he is resident and at the same time furnish proof that he has suitable accommodation and adequate means to support his family when reunited. This application may be submitted six months after his entry into the Member State where he is resident. In exceptional cases the Member State of residence may depart from these conditions so as to permit family reunification.

(Amendment 31)

Chapter VIII

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Chapter VIII is deleted.

(Amendment 32)

Chapter VIIIa (new)

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CHAPTER VIIIa (new)

LEGAL PROTECTION

Article 35a

Legal protection

Persons who have been refused the right of admission, residence or family reunification, or from whom a residence authorisation has been withdrawn, shall be entitled to appeal against such decision to the competent court of the Member State in which they are or wish to be resident. That Member State shall ensure that its legislation provides for an effective and fair procedure, and empowers the court, on application, to give an interim ruling to prevent such persons being unfairly disadvantaged or suffering irreparable damage.

(Amendment 33)

Article 36(1), 2nd paragraph (new)

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Each proposal for an implementing measure shall be published at least six weeks before the decision is taken.

(Amendment 34)

Article 37(2)

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2. The Court of Justice shall have jurisdiction to give preliminary rulings on the interpretation of this Convention. Any court or tribunal of a Member State against whose decisions there is no judicial remedy under national law shall request the Court of Justice to give a preliminary ruling on a question raised in a case pending before it concerning the interpretation of this Convention, if it considers that a decision on that question is necessary to enable it to give judgment.

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2.

The Court of Justice shall have jurisdiction to give preliminary rulings on the interpretation of this Convention.

Where a question of this nature is raised in a court or tribunal of a Member State, that court or tribunal may - if it considers that a decision is necessary to enable it to give judgment - request the Court of Justice to give a ruling on the matter.

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Where a question of this nature is raised in a case pending before a national court or tribunal against whose decisions there is no judicial remedy under national law, that court or tribunal shall be required to bring the matter before the Court of Justice.

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(

Article 37 in its entirety to be placed before Article 36)

(Amendment 35)

Article 37(2a) (new)

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2a. By way of derogation from paragraphs 1 and 2, the Court of Justice shall be granted the full legal power for which the Treaty of Amsterdam provides after that Treaty has entered into force.

(Amendment 36)

Article 38, 1st paragraph

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Any Member State which intends to conduct negotiations with a third country to lay down more favourable rules for the admission of nationals of that State shall inform the other Member States and the Commission in good time.

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Any Member State which intends to conduct negotiations with a third country to lay down more favourable rules for the admission of nationals of that State shall inform the other Member States and the Commission in good time

so as to ensure that there are uniform criteria for admission.

(Amendment 37)

Article 41(1)

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1. This Convention shall be submitted for adoption by the Member States in accordance with their respective constitutional requirements. Each Member State shall initiate the national procedure for adoption no later than six months after the act establishing this Convention has been published in the Official Journal of the European Communities.

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1.

This Convention shall be submitted for adoption by the Member States in accordance with their respective constitutional requirements. Each Member State shall initiate the national procedure for adoption no later than three months after the act establishing this Convention has been published in the Official Journal of the European Communities.

(Amendment 38)

Article 41(3)

>Original text>

3. This Convention shall enter into force on the first day of the month following the expiry of a two-month period after the notification referred to in paragraph 2 by whichever Member State, being a member of the European Union on the date of adoption by the Council of the act establishing this Convention, is the last to fulfil that formality.

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3.

This Convention shall enter into force as soon as a High Contracting Party has satisfied the constitutional requirements for its adoption. The Convention shall then apply in the countries satisfying the aforementioned requirements as soon as their constitutions permit.

(Amendment 39)

Article 41(4), 1st and 2nd paragraphs

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4. The provisions of this Convention shall apply from the first day of the month following the expiry of a two-month period after the Convention has entered into force.

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By way of derogation from the first subparagraph, the provisions relating to the adoption of the implementing measures referred to in Article 36 shall apply from the date when the Act establishing this Convention is published in the Official Journal of the European Communities.

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4.

By way of derogation from paragraph 3, the provisions relating to the adoption of the implementing measures referred to in Article 36 shall apply from the date when the Act establishing this Convention is published in the Official Journal of the European Communities.

(Amendment 40)

Article 42(1)

>Original text>

1. Amendments to this Convention or to measures implementing it may be proposed by any Member State, High Contracting Party, and by the Commission. All proposed amendments shall be sent to the Council and, if necessary, to the Commission.

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1.

Amendments to this Convention may be proposed and adopted at any time on the basis of the Treaty on European Union.

(Amendment 41)

Article 42(2)

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2. The Council shall unanimously decide on any amendments to this Convention, which it shall recommend to the Member States for adoption in accordance with their respective constitutional requirements. The amendments shall be published in the Official Journal of the European Communities after adoption by the Council. Each Member State shall initiate the national procedure for adoption no later than six months after the amendments are published in the Official Journal of the European Communities.

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2. If at the time of the entry into force of the Treaty of Amsterdam this Convention has not been approved by the majority of the Member States, it shall be replaced with a regulation. Within a period of three years after this Convention enters into force the Commission shall in any event submit a proposal for a measure replacing this Convention.

(Amendment 42)

Article 44(1)

>Original text>

1. The Secretary-General of the Council of the European Union shall act as depositary of this Convention.

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1.

The President of the Commission shall act as depositary of this Convention.

Legislative resolution embodying Parliament's opinion on the proposal for a Council Act establishing the Convention on rules for the admission of third-country nationals to the Member States (COM(97)0387 - C4-0681/97 - 97/0227(CNS))(Consultation procedure)

The European Parliament,

- having regard to the Commission proposal (COM(97)0387 - 97/0227(CNS)) ((OJ C 337, 7.11.1997, p. 9)),

- having been consulted by the Council pursuant to Article K.6, second paragraph, of the Treaty on European Union (C4-0681/97),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Civil Liberties and Internal Affairs and the opinions of the Committee on Foreign Affairs, Security and Defence Policy (A4-0266/98),

- having regard to the second report of the Committee on Civil Liberties and Internal Affairs and the opinions of the Committee on Foreign Affairs, Security and Defence Policy (A4-0045/99),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal on admission accordingly, with a separate proposal for a statute for third-country nationals residing legally in a Member State, both to be issued on the basis of the EC Treaty, after the entry into force of the Treaty of Amsterdam;

3. Asks to be consulted again should the Council make substantial modifications to the text approved by Parliament;

4. Instructs its President to forward this opinion to the Council and Commission.