A4-0185/95

Resolution on the draft Council resolution relating to the limitations on the admission of third-country nationals to the territory of the Member States for the purpose of pursuing activities as self-employed persons (C4-0007/95)

The European Parliament,

- having regard to the draft Council resolution (C4-0007/95),

- having regard to Articles 52 et seq. of the EC Treaty and Articles K, K.1, K.3, K.6 and K.9 of the Treaty on European Union,

- having regard to Rule 51 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 Legal Affairs and Citizens' Rights and the Committee on Culture, Youth, Education and the Media (A4-0185/95),

A. whereas the Treaty on European Union does not provide for resolutions to be binding decisions,

B. acknowledging the fears of certain Member States as regards unlimited immigration,

C. recalling, however, the benefits which a society can reap from immigration,

D. having regard to Article K.6 which states: 'The Presidency shall consult the European Parliament on the principal aspects of activities in the areas referred to in this Title and shall ensure that the views of the European Parliament are duly taken into consideration',

E. whereas limitations on the admission of third-country nationals to the territory of the Member States for the purpose of pursuing activities as self-employed persons are one of the most important aspects of cooperation in the fields of justice and home affairs, and whereas aspects of Community law are involved here, too,

F. whereas the forwarding of the draft Council resolution must therefore be regarded as consultation within the meaning of Article K.6 of the Treaty on European Union,

General aspects

1. Takes the view that the Commission's right of initiative constitutes a vital, general feature of the EU Treaty and that in all the areas covered by Article K.1(1) to (6) the Commission has a political obligation not to hand over the initiative to the Member States or the Council Presidency;

2. Calls on the Commission to be more active, to propose binding measures and to forward those proposals to the European Parliament and the Council;

3. Urges the Commission to study the advisability of applying Article K.9 and to give details of that study in the explanatory memorandum accompanying the proposals in all cases where it can draw up proposals in the areas referred to in Article K.1(1) to (6);

Specific aspects

4. Regrets the decision of the Council to have recourse to a 'resolution' to deal with questions relating to the entry into the European Union of self- employed third country nationals;

5. Regrets the decision of the Council not to base its Resolution on an appropriate article of the Treaty on European Union;

6. Approves the substance of the draft Council resolution provided the following amendments are adopted by the Council and calls on the Commission to put forward a legislative proposal properly based on an appropriate article of the Treaty on European Union;

7. Wants to see the following points added after the first indent in section B:

'- refugees within the meaning of the Geneva Convention;

- third-country nationals who are already legally resident on the territory of a Member State and who are entitled to pursue an economic activity in that Member State;'

8. Calls for the abolition of provisions which hamper the integration of immigrants by preventing them from becoming self-employed once they have started work with an employer;

9. Would like to add a twelfth principle stating that the draft resolution contains no limitations on the rights which third-country nationals may be able to claim pursuant to Community law;

10. Regards the resolution merely as a provisional measure;

11. Regards it as an infringement of the provisions of Article K.6 for the Council to seek, without consulting the European Parliament, to enact legislation which is de facto binding, and therefore expects that in this respect, too, the views of the European Parliament will be duly taken into consideration;

12. Instructs its President to forward this resolution to the Commission, the Council and the governments of the Member States.