Opinion of the Committee of the Regions on the Proposal for a Council Directive on the conditions of entry and residence of third-country nationals for the purpose of paid employment and self-employed economic activities
Date: 2002-03-13
Institutions: European Committee of the Regions
Subjects: EC recommendation, EU visa policy, administrative procedure, admission of aliens, foreign national, free movement of persons, residence permit, rights of aliens, self-employed person, wage earner

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Opinion of the Committee of the Regions on:

— the ‘Proposal for a Council Directive on the conditions of entry and residence of third-
country nationals for the purpose of paid employment and self-employed economic
activities’, and

— the ‘Proposal for a Council Directive relating to the conditions in which third-country
nationals shall have the freedom to travel in the territory of the Member States for periods
not exceeding three months, introducing a specific travel authorisation and determining the
conditions of entry and movement for periods not exceeding six months’

(2002/C 192/06)

THE COMMITTEE OF THE REGIONS,

having regard to the Proposal for a Council Directive on the conditions of entry and residence of third-
country nationals for the purpose of paid employment and self-employed economic activities [COM(2001)
386 final — 2001/0154(CNS)] and the Proposal for a Council Directive relating to the conditions in
which third-country nationals shall have the freedom to travel in the territory of the Member States for
periods not exceeding three months, introducing a specific travel authorisation and determining the
conditions of entry and movement for periods not exceeding six months [COM(2001) 388 final — 2001/
0155 (CNS)];

having regard to the decision of the Council of the European Union of 21 September 2001 to consult it
under the first paragraph of Article 265 of the Treaty establishing the European Community;

having regard to the decision taken by its Bureau on 12 June 2001 to instruct Commission 7 for
Education, Vocational Training, Culture, Youth, Sport, and Citizens’ Rights to draw up an opinion on this
subject;

having regard to the draft opinion (CdR 386/2001 rev.) adopted by Commission 7 on 30 November
2001 [rapporteur: Mr Pella, Mayor of Valdengo (I/EPP)],

adopted the following opinion by a majority at its 43rd plenary session of 13 March 2002.

1. The views of the Committee of the Regions

1.1.
The Committee would take into account the views it
has already expressed in opinions on related subjects, support-
ing the principle of adopting a uniform legislative framework
for all EU countries while addressing the various aspects of the
issues relating to the entry into the European Union of third-
country nationals specifically in separate documents.

1.2.
It would draw particular attention to relevant points
made on the present subject in the following opinions: on
a Community immigration policy and a common asylum
procedure (1), on the Proposal for a Council Directive concern-
ing the status of third-country nationals who are long-term
residents (2), on the process of drawing up a Charter of
the European Union (3) and on
Fundamental Rights of
migratory flows in Europe (4).

1.3.
The Committee stresses that it is important that it be
consulted, as local and regional authorities have an important
role to play in the implementation of the new policies and in
developing and maintaining appropriate social systems able to
address the challenges posed by those policies.

The Committee commends the consistent application
1.4.
of the new principles relating to flexible methods of Union
guidance, established by the 1999 Lisbon European Council,
and the continued references to an open method of coordi-
nation for Community immigration policy. It recommends
that local and regional authorities be duly consulted when
national laws are being drafted.

(1) CdR 90/2001 fin — OJ C 19, 22.1.2002, p. 20.
(2) CdR 213/2001 fin — OJ C 19, 22.1.2002, p. 18.
(3) CdR 327/1999 fin — OJ C 156, 6.6.2000, p. 1.
(4) CdR 227/1999 fin — OJ C 57, 29.2.2000, p. 67.

1.5.
An open coordination method is the only way to
assure Member State responsibility for the economic aspects
and social integration and in general for aspects that have
direct repercussions on civil society, while also providing for a
procedure enabling an assessment of progress on shared

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European objectives, so that they can be adapted to the
international nature of migratory flows and the intercon-
nection between various aspects of immigration policy.

1.6.
A flexible legislative framework will enable all the
interested parties, and the Member States in particular, to react
rapidly to changes in the economic and demographic situation,
while bearing in mind the needs of
local and regional
authorities.

2.4.
It is necessary to recognise the existence of a large
number of illegal immigrants. The CoR therefore proposes
that mechanisms be established enabling immigrants initially
in breach of Community law to legalise their status. This
legalisation process would not necessarily entail general
amnesties, with cases being dealt with on an individual basis.

The CoR considers that action should be planned

2.5.
against illegal immigrant smuggling rings.

1.7.
The Committee welcomes the Commission’s proposal
as an effective tool for harmonising and simplifying the rules
that govern the rights of third-country nationals, making them
more accessible and easier to make known.

2.6.
The setting of short time limits for completing adminis-
trative procedures is particularly important for local and
regional authorities, in line with the principle of stepping up
the efficiency of public bodies.

2. Recommendations of the Committee of the Regions
on the proposal on conditions of entry and residence
of third-country nationals for the purpose of paid
employment and self-employed economic activities

2.1.
The legal basis for this proposal is Article 63(3)(a) of
the EC Treaty which provides that the Council is to adopt
‘measures on immigration policy within the following areas:
(a) conditions of entry and residence, and standards on
procedures for the issue by Member States of long-term visas
and residence permits’. As rightly stressed by the Commission,
a coherent Community immigration policy is not possible
without addressing the conditions for the entry, residence and
employment of third-country nationals.

2.2.
The current phenomenon of migration should not be
analysed purely from the point of view of labour market needs.
This growing phenomenon will also create the need for a
political response from civil society to the breakdown of the
international system of protection of human rights based on
the United Nations’ 1948 Universal Declaration of Human
Rights.

The Committee especially appreciates the efforts of the
2.3.
Commission to simplify administrative procedures, as local
and regional authorities undoubtedly stand to gain. The
proposed establishment of a single national application pro-
cedure for a single combined document, encompassing both
residence and work permit within the same administrative act,
will help to simplify and harmonise procedures currently in
force in the Member States. However, in view of the shortage
of unskilled workers in the Union, the Committee of the
Regions encourages the Commission to go further, by estab-
lishing a harmonised procedure for obtaining a visa entitling
the holder to seek work of this kind.

2.7.
The Committee fully endorses the Commission’s choice
of a directive to provide guidelines for national policies,
respecting the autonomy of each State in determining specific
aspects and recognising individual regional and local require-
ments. The use of a regulation would have been detrimental to
the interests of local and regional authorities.

2.8.
The Committee would invite the Commission to place
greater emphasis on the role of local and regional authorities
in laying the foundations for correctly identifying labour
market sectors that need third-country workers.

2.9.
The Commission is right to confirm the need for a
careful assessment of the domestic labour market situation
before admitting third-country workers. This type of careful
assessment can only be conducted with the active and ongoing
involvement of the local and regional authorities.

This means reinforcing labour demand and supply
2.10.
information systems,
the European
Employment Services Network, while also encouraging local
and regional authorities to supply information, both to the
European bodies and to employers in their areas.

instance EURES,

for

As already stated in a previous Committee opinion (1),
2.11.
local and regional authorities must be encouraged to get
involved, in order to establish a jobs network in every region,
with a view to managing the EU’s skilled and non-skilled
labour shortage problems as effectively as possible.

(1) CdR 90/2001 fin.

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2.12.
In accordance with the Commission’s stated intention
to apply an open method of coordination in immigration
policy, the Committee would stress the need to adopt common
statistical methods for data in general and in particular for data
on demand for third-country workers.

2.13.
The Committee appreciates the care taken by the
Commission in the draft directive to highlight the need to
ensure that third-country workers do not become a burden on
the host State. The right balance must be found between
ensuring that holders of a ‘residence permit — worker’ are not
a burden and requiring them to contribute to the Member
State’s welfare system in order to benefit from the social and
health protection measures available.

2.14.
The economic impact, at local, regional and national
level, of an immigration policy open to third-country workers
must be carefully assessed and financial safeguards put in place
to ensure that the distribution of costs between the national,
regional and local tiers is proportionate to their effective
involvement.

The procedural and transparency requirements of
2.15.
the draft directive also demand the direct
Chapter V of
involvement of the local and regional authorities, not least to
satisfy the stated legitimate interest of economic operators ‘to
be informed and updated under which circumstances and in
accordance with which procedures they may recruit third-
country nationals’ and in addition to ensure that ‘the adminis-
trative procedures leading to the issue of a work permit are
handled within a reasonable delay’.

2.18.
secure equality in working conditions and access to services.

Furthermore, only local and regional authorities can

The Committee would place particular emphasis on the need
to find a common solution to the problem of access to State
owned housing, which current legislation reserves for nationals
of the country concerned in many Member States.

2.19.
The Committee also recognises the need for inte-
gration, including the need to control and limit immigration
with due regard for the integration problems of Member States
with a high proportion of foreigners. At the same time, it is
necessary to uphold and promote the right of third-country
workers not to lose contact with their countries of origin by
taking economic measures designed to ensure that workers
can benefit from economic rights acquired in Europe when
they return home to their countries of origin.

2.20.
As for the recruitment of highly skilled workers, the
Committee would stress that a Union aspiring to be an area of
freedom, security and justice has a responsibility to ensure that
the countries of origin do not suffer a ‘brain drain’, while fully
respecting workers’ personal freedom. At the same time efforts
must be made, in cooperation with the countries of origin, to
establish production and research facilities able to employ
those skilled workers in their country of origin, thus contribu-
ting to the development of those countries.

2.21.
The EU’s responsibility with regard to third countries
lies in defining policies under which economic migration
works to the advantage of both the country of origin and the
host country.

2.16.
In this respect, the involvement of local and regional
authorities is indispensable to provide complete and coordi-
nated information on the consequences that the new measures
will have on those directly concerned, i.e. on employers, job
centres and local and regional training bodies.

3. Recommendations of the Committee of the Regions
for a Directive relating to the
on the proposal
conditions in which third-country nationals shall
have the freedom to travel in the territory of the
Member States for periods not exceeding three
months, introducing a specific travel authorisation
and determining the conditions of entry and move-
ment for periods not exceeding six months

2.17.
There is no doubt that local and regional authorities
are in the front line when it comes to promoting the integration
of third-country workers and combating the main obstacles to
this, such as racism and xenophobia. The Committee of the
Regions therefore suggests that Community legislation is
needed establishing activities aimed at facilitating the social
integration of immigrants in the form of programmes specifi-
cally aimed at regions and local authorities.

3.1.
Article 62(3) of the EC Treaty provides the legal basis
for the draft Directive with regard to the free movement of
third-country nationals within the territory of the Member
States during a period of no more than three months, whilst
Article 63(3) provides the legal basis for the conditions of
entry and movement for periods not exceeding six months.

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3.2.
The proposal complies fully with the principles laid
down by the Lisbon European Council in 1999, by adopting
‘soft’ methods of Union guidance.

3.8.
The introduction of a specific travel authorisation,
harmonised and recognised throughout the Member States,
will help to cut red-tape for third-country immigration and is
thus of benefit to local and regional authorities.

3.3.
It also embraces many of the principles espoused by
the Commission — and broadly endorsed by the Committee
of the Regions — in the Communication on a Community
immigration policy (1), notably the two-tier approach: the first
being a common legislative framework and the second an
open method for coordination.

As the Commission rightly points out, the proposal is

3.4.
fully compatible with other previous Commission initiatives.

3.5.
The Commission should be particularly commended
for the fact that, whilst using the same guidelines to address
the different aspects of migration, and helping to frame a
consistent common legislative framework, it deals with the
above aspects specifically, and issues individual, comprehen-
sive proposals for directives or communications.

3.6. Moreover, the draft Directive makes a vital contribution
to defining an area of ‘freedom, security and justice in the
European Union’.

3.7.
‘third-
The Committee welcomes the definition of
country national’, viz. any person who is not an EU citizen
under Article 17 (1) of the Treaty establishing the European
Community, including stateless persons.

(1) COM(2000) 757 final — CdR 90/2001 fin.

Brussels, 13 March 2002.

3.9.
The Committee welcomes the Commission’s proposed
deadline of seven working days for third-country nationals to
report their presence. Since, in principle, those spending only
two or three days in a Member State would not be required to
report, this would considerably lighten the workload for local
offices.

3.10.
The Committee is fully aware of the importance of
ensuring entry for third-country nationals without overbur-
dening them with bureaucratic procedures, since this is the
optimum outcome of a European ‘area of freedom, security
and justice’.

3.11.
In accordance with the ‘scoreboard to review progress
on the creation of an area of “freedom, security and justice” in
the European Union’, further legislative initiatives concerning
the conditions of entry and residence for the purpose of study
or vocational training and unpaid activities will have to be
prepared and adopted by the Commission shortly.

3.12.
The Committee would once again stress the need for
it to be consulted on all immigration issues which are still to
be addressed by the Commission.
It eagerly awaits the
presentation of the relevant initiatives, given the enormous,
significant involvement of local and regional authorities in
the various aspects of immigration, particularly as regards
integration, healthcare, housing, employment and welfare.

The President

of the Committee of the Regions

Albert BORE