A4-0181/95

Resolution on the draft Council Resolution on the admission of third-country nationals to the territory of the Member States of the European Union for study purposes (C4-0005/95)

The European Parliament,

- having regard to the draft Council Resolution (C4-0005/95) adopted by the Ministers for Justice and Home Affairs meeting within the Council on 30 November and 1 December 1994,

- having regard to Articles 126(3), 128(3) and Title XVII of the EC Treaty and Articles K, K.1, K.2, 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 opinion of the Committee on Culture, Youth, Education and the Media (A4-0181/95),

A. whereas the draft Council Resolution on the admission of third-country nationals to the territory of the Member States of the European Union for study purposes relates to key areas of cooperation in the fields of justice and home affairs,

B. whereas the Council's action of forwarding its draft Resolution must be deemed to constitute consultation within the meaning of Article K.6 of the Treaty on European Union,

C. whereas the above-mentioned Article K.6 states that 'The Presidency shall consult the European Parliament on the principal aspects of activities in the areas referred to in this Title [Title VI] and shall ensure that the views of the European Parliament are duly taken into consideration',

D. whereas points of Community law are also involved in this specific instance, in particular Title VIII, Chapter 3, Title IX (cooperation with third countries and international organizations responsible for education and culture), Title XVII of the EC Treaty, Article 130u of which stipulates that the Community will take into account the objectives of development cooperation policy in all other policies, and Article 7a of the EC Treaty (freedom of movement for persons legally resident within the territory of the Union),

E. whereas decisions such as the draft Resolution under consideration, irrespective of the form they take, have an impact on the basic rights of citizens, for which reason they must be subject to appropriate legal and parliamentary controls,

F. whereas the rules governing international exchanges of students and researchers form an integral part of cooperation policy in relation to the third countries from which the persons concerned come,

G. whereas the draft Resolution under consideration seeks to regulate admission of nationals of economically backward third countries with a view to ensuring that residence for study purposes does not afford a pretext for admission to Union territory for economic reasons,

H. whereas the draft Resolution has implications for the specific objectives of development cooperation policy, governed by Title XVII of the EC Treaty,

I. whereas the draft Resolution may lead to the establishment of inappropriate limits on future immigration policy, which is to be laid down in accordance with Article K.1 of the Treaty on European Union,

J. whereas in the declaration on the principles governing external aspects of migration policy, contained in Annex 5 to Part A of the conclusions issued by the Edinburgh European Council of 11 and 12 December 1992, it was asserted that general problems connected with migration flows go beyond the particular province of the Ministers responsible for immigration,

K. having regard to Article K.2 of the Treaty on European Union and the numerous statements on observance of the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Geneva Convention relating to the status of refugees,

General aspects

1. Takes the view that the Commission's right of initiative is a basic, general feature of the EU Treaty and that in all the areas covered by Article K.1, points 1 to 6, the Commission is under a political obligation not to leave 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 submit appropriate proposals to Parliament and the Council;

3. Calls on the Commission to consider whether or not to apply Article K.9 and to report on its considerations in the explanatory statement accompanying the proposals whenever it is able to draw up proposals in the areas referred to under Article K.1, points 1 to 6;

Specific aspects

4. Calls on the Council to consult the European Parliament formally during the decision-making procedure in accordance with the spirit of Article K.6 of the Treaty on European Union;

5. Expresses its opinion on the draft Council Resolution on the admission of third-country nationals to the territory of the Member States of the European Union for study purposes and proposes the following amendments;

6. Considers that the list of categories of persons to whom the resolution does not apply, as set out in point B, is incomplete and therefore calls for the following indents to be inserted:

'- third-country nationals admitted to Member States to carry on a self- employed occupation;

- refugees within the meaning of the Geneva Convention;

- persons enjoying refugee status under the terms of national law;

- third-country nationals legally resident in a Member State who enjoy rights under a bilateral agreement;

- third-country nationals enjoying rights of admission by virtue of association agreements;

- third-country nationals, and members of their families, who go to Member States to carry on an occupation in an employed capacity;'

7. Considers it necessary that the student can successfully prove his or her status as a student in the Member State. It should be up to each Member State to define these criteria, which should be equivalent to the criteria for students of the respective Member State. A student from a third country meeting these criteria should have the same right as a national student to complete the financing of his studies by work;

8. Considers that rules for returning to the original country after having completed the studies should be transparent, to ensure that they cannot be misinterpreted by either the applicants or the citizens in the Member State;

9. Hopes that a sixth principle will be added whereby the Resolution will not entail any restriction on the rights to which third-country nationals may lay claim in specific cases by virtue of Community law;

10. Considers it legitimate for the Member States to ensure that the residence permits provided for in the draft Resolution are not used for purposes other than those for which they were issued;

11. Calls on the Council to lay down a maximum period of validity for the Resolution;

12. Believes that a recommendation to the Council dealing with the procedural and substantive aspects of the matter should be adopted as soon as possible on the basis of Article K.6 of the Treaty on European Union;

13. Stresses that the supposed need to control immigration must not undermine the political efforts of the European Union to establish academic and cultural links with third countries;

14. Stresses the importance of establishing agreements with third countries on the mutual recognition of educational qualifications and the strengthening of university systems in developing countries through cooperation agreements;

15. Considers that the financial requirements for the entry and stay in the European Union may prove to be an unrealistic burden for many students, particularly students from developing countries and central and eastern Europe;

16. Encourages Member States to allow economically disadvantaged students to undertake short-term subsidiary jobs to contribute to their subsistence during the period of study in the European Union;

17. Calls on the Council to clarify that academic officials should play a central role in determining the validity of a student's academic qualifications for the purpose of study as a third-country national;

18. Calls on the Council to set out more specific guidelines to assist immigration officials in admitting third-country nationals for the purpose of study;

19. Considers it important that persons who so wish are not prevented from improving themselves by means of higher education. An exchange of knowledge is basically positive for relations between the European Union and third countries, as expressed in A.2 of the Council Resolution. A transfer of technical and scientific expertise and cultural understanding is vital for the development and the economic growth of those countries. The rules governing admission of third-country nationals for study purposes should be seen from this point of view;

20. Looks to the parties concerned to respond to the proposals for modifications set out above and believes that either the Commission or the Presidency must submit a modified proposal to the Council;

21. Calls for the Council Resolution to be published in the Official Journal once the Council has agreed upon the definitive version, taking into account the modifications proposed in this opinion;

22. Believes that the Council would be infringing the provisions of Article K.6 if it attempted de facto to pass the act in question without paying heed to Parliament's opinion;

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