EUROPEAN COMMISSION Brussels, 5.4.2016 COM(2016) 184 final 2013/0081(COD) COMMUNICATION FROM THE COMMISSION

TO THE EUROPEAN PARLIAMENT



pursuant to Article 294(6) of the Treaty on the Functioning of the European Union



concerning the Position of the Council on the adoption of 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, training, voluntary service, pupil exchange schemes or educational projects and au pairing



2013/0081 (COD) COMMUNICATION FROM THE COMMISSION

TO THE EUROPEAN PARLIAMENT



pursuant to Article 294(6) of the Treaty on the Functioning of the European Union



concerning the Position of the Council on the adoption of 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, training, voluntary service, pupil exchange schemes or educational projects and au pairing 1.Background Date of transmission of the proposal to the European Parliament and to the Council

(document COM(2013) 151 final – 2013/0081 COD)) 26.03.2013 Date of the opinion of the European Economic and Social Committee: 18.09.2013 Date of the position of the European Parliament, first reading: 25.02.2014 Date of transmission of the amended proposal: n/a Foreseen date of adoption of the position of the Council: 10.03.2016 2.Objective of the proposal from the Commission The proposal was a recast merging the existing students (2004/114/EC) and researchers (2005/71/EC) Directives. It aimed at remedying the weaknesses identified in these instruments, thereby rendering the EU more attractive as a destination for the groups concerned. The proposal enlarged the scope of EU rules, as previously the admission rules had been mandatory for students and researchers only, and optional for school pupils, unremunerated trainees and volunteers. The proposal covered all categories through mandatory rules (including the newly added categories of remunerated trainees and au pairs). The proposal made improvements in particular regarding admission procedures, equal treatment rights, students' rights to access the labour market during studies, intra-EU mobility as well as procedural guarantees. It also created the possibility for graduates and researchers, after finalisation of research or studies, to seek a job or to set up a business. 3.Comments on the position of the Council Political agreement was reached between co-legislators at the trilogue meeting of 17 November 2015, and was endorsed by COREPER on 25 November 2015, and by the LIBE Committee on 30 November 2015. The main differences between the Common Position and the original Commission proposal are set out below. Scope (Article 2) The Common position limits the scope of the mandatory rules to researchers, students, trainees and volunteers covered by the European Voluntary Service. Rules for school pupils, volunteers not covered by the European Voluntary Service and au pairs are optional. Regarding trainees, the Common position abolishes the distinction between remunerated and unremunerated trainees. General admission conditions (Article 7) The Common position gives Member States the possibility to require the applicant to provide the address where he or she will be residing on its territory. It makes it obligatory for Member States to examine applications also when the third-country national concerned is already residing in that Member State. Approval of research organisations (Article 9); Approval of higher education institutions, education establishments, organisations responsible for a voluntary service scheme or entities hosting trainees (Article 15) The Common position makes the approval procedure for research organisations optional, and introduces an optional approval procedure for higher education institutions, education establishments, organisations responsible for a voluntary service scheme or entities hosting trainees. In case a Member State introduces such procedures, applications are facilitated.

Specific conditions for trainees (Article 13) The Common position introduces the limitation that applicants must have obtained a higher education degree within the two years preceding the date of application or be pursuing a course of study that leads to a higher education degree. It also allows Member States to require the traineeship to be in the same field and at the same qualification level as the higher education degree obtained or the course of study being pursued. Duration of authorisations (Article 18) The Common position provides for a duration of authorisations for students and researchers covered by programmes of a minimum of two years (instead of one year for those not covered by programmes). The Commission proposal did not foresee a longer duration of authorisations for students and researchers covered by programmes, except in the context of intra-EU mobility. Grounds for rejection (Article 20) The Common position to a great extent aligns the grounds for rejection to those of the Intra Corporate Transferee Directive (hereinafter "ICT Directive"). At the same time the position adds a ground which allows Member States to reject an application where the Member State has evidence or serious and objective grounds to establish that the third-country national would reside for purposes other than those for which he or she applies to be admitted (Article 20(2)(f)). Both the Commission and the European Parliament had reservations on the latter provision, which was eventually accepted and accompanied by the following declaration of the two Institutions: The European Parliament and the Commission understand point (f) of Article 20(2) of this Directive as allowing Member States to reject an application only on a case-by-case basis and taking into account the specific circumstances of the third-country national and the principle of proportionality and on the basis of evidence or serious and objective reasons. The Commission will ensure that Member States implement this provision in line with this interpretation when transposing the Directive, and will inform the Parliament and the Council thereof, in the framework of its obligations under Article 39. The European Parliament and the Commission consider that the inclusion of this provision in this Directive should not constitute a precedent for future legal migration instruments. Grounds for withdrawal or non-renewal of an authorisation (Article 21) Similarly to the grounds for rejection, the Common position to a great extent aligns the grounds for withdrawal or non-renewal to those of the ICT Directive. Equal treatment (Article 22) While the Common position provides Member States with the possibility to make the granting of family benefits to researchers dependent on a minimum length of stay (once more in line with the ICT Directive), overall it still reflects the objective of the Commission proposal to make more transparent which equal treatment rights, based on the Single Permit Directive, the various categories covered by the recast are entitled to. Economic activities by students (Article 24) The Common position increases the minimum number of hours that students have access to the labour market to 15 hours per week (up from 10 hours per week in Directive 2004/114/EC, however lower than the 20 hours per week the Commission had proposed). The Common position does not alter the proposed deletion, in the Commission proposal, of the provision of Directive 2004/114/EC that allowed Member States to deny access to the labour market for the first year of stay.