Opinion of the Committee of the Regions on ‘Researchers, students, volunteers and other groups of third-country nationals’
Date: 2013-11-28
Institutions: European Committee of the Regions
Subjects: child care, equal treatment, weekly rest period, youth employment








C_2014114EN.01004201.xml










15.4.2014   


EN


Official Journal of the European Union


C 114/42





Opinion of the Committee of the Regions on ‘Researchers, students, volunteers and other groups of third-country nationals’
2014/C 114/09
I.   POLICY RECOMMENDATIONS

THE COMMITTEE OF THE REGIONS


Frame of reference








1.


points out that the Lisbon Treaty strengthens the role of the European Union regarding policy on the immigration of third country nationals aiming at the efficient management of migration flows, fair treatment of third country nationals residing legally in Member States, and the prevention of illegal immigration and trafficking in human beings. To this end, the treaty states that the European Parliament and the Council shall adopt measures relating for instance to conditions of entry, residence and free movement within the EU, and set standards on the granting by the Member States of long-term visas and residence permits, including measures concerning family reunification. As regards the integration of third country nationals, the treaty states specifically that the EU may establish measures to support the Member States but that it does not aim to harmonise the Member States' legislative and regulatory provisions;










2.


notes that the Member States remain responsible for determining the number of third-country immigrants accepted for work. In most Member States, migrant integration is primarily the responsibility of the national authorities. Regional and local authorities however take prime responsibility for implementing integration policies in areas such as education, health, housing and the labour market;










3.


recalls that the Stockholm Programme, which sets out the priorities for the EU in the areas of justice, freedom and security for the 2010-2014 period, recognises the positive contribution which well-managed migration flows can make to building a fair and inclusive society and a competitive economy, and stresses how important the effective social, economic and cultural integration of legal migrants is to secure the positive effects of migration both for migrants and for the host societies;










4.


recalls that the new European Agenda for the Integration of Third-Country Nationals takes the view that immigration has a positive impact on EU development and proposes measures to improve migrant integration. The European Commission views integration as an on-going process that is the shared responsibility of the various tiers of authority, and which demands long-term commitment, in step with developments, and constant cooperation between stakeholders;










5.


considers that one challenge currently facing the EU is its ageing population, which, in combination with the current global economic crisis, is leading to a shortage of skilled human resources, with the immediate effect of reducing Europe's economic clout and its competitiveness, creativity and capacity for innovation. Against this backdrop, the admission of third country nationals for research, studies, training, voluntary service, exchange programmes and au pairing helps to meet the demand for human capital;










6.


points out that Europe's Member States are experiencing a workforce shortage in a number of sectors and that there are posts that cannot be filled by appropriately qualified national or EU workers, particularly in certain areas such as the health sector, and in science and technology;










7.


recalls that bolstering human capital was laid down as a clear political goal of the Europe 2020 strategy for smart, sustainable and inclusive growth in the EU;










8.


notes that Directive 2005/71/EC provides for a fast track procedure for the admission of third-country researchers who have signed a hosting agreement with a research organisation approved by the Member State. The hosting agreement confirms that there is a valid research project and that the researcher has the necessary scientific skills to carry it out as well as sufficient income and health insurance. In addition, it enables researchers to stay in another Member State in connection with their research project and also teach, in accordance with national legislation;










9.


notes that Directive 2004/114/EC lays down mandatory rules for the admission of third-country national students. The application of the directive to school pupils, volunteers and unpaid trainees is left to the discretion of the Member States. Providing they fulfil the conditions, students have the right to a residence permit and certain rights concerning employment, and may travel between Member States for their studies;










10.


notes that there is no directive on the admission of paid trainees and au pairs. Neither do all the Member States have a single or similar legal framework to govern the work of such persons. Furthermore, the vast majority of the Member States have not adopted the International Labour Organisation's Domestic Workers Convention, which enters into force in September 2013;










11.


indicates that this opinion is based on previous CoR opinions and its aim is to present the CoR's views on how the entry and residence of third country nationals within EU territory for the purposes of research, study, pupil exchange, remunerated or unremunerated training, voluntary service or au pairing is to be regulated. The opinion also contains proposals designed to promote more active involvement of local and regional authorities and the effective implementation of the directive;






Basic principles








12.


believes that policies for integrating migrants must be compatible with fundamental European values such as respect for human rights and diversity, combating discrimination and promoting equal opportunities and tolerance. They must also be consistent with basic EU policies on cohesion, employment, development, external relations and freedom, security and justice;










13.


believes that applying the principle of equal treatment is decisive for the quality of democratic systems, and is a key achievement and integral part of European Union culture;






Method








14.


believes multilevel governance to be the most appropriate method for achieving optimum results concerning the entry and residence of third country nationals. This approach must be compatible with the subsidiarity principle governing cooperation between the EU, Member States and local and regional authorities;










15.


believes that to achieve definite results, every initiative relating to immigration should be based on strategies, goals and common links with third countries. Efforts to make the EU attractive and more accessible to third country nationals must be made within the context of the EU's dialogue with third countries and in line with the aims of its foreign policy and policy on immigration, and reflecting the new global approach to migration and mobility (GAMM);






Improving the legislative framework and addressing shortcomings








16.


considers that the shortcomings of the existing legislative framework need to be addressed, in order to encourage third country researchers and students to move to the EU. A greater influx of highly-skilled human resources from third countries will help to meet the Union's needs;










17.


welcomes the European Commission's proposal for a directive (COM(2013) 151) on improving the legal framework applying to third country nationals wishing to come and stay temporarily in the EU for a period of more than three months, for the purposes of research and studies or to gain experience and/or to take part in various activities so as to improve their skills and capabilities, for instance as researchers, students, volunteers, remunerated or unremunerated trainees or au pairs;










18.


supports the efforts made by the EU to remain a key magnet for students and researchers. The European Union retains considerable potential when it comes to the skills and infrastructure necessary for developing international centres of excellence in various fields of research and branches of science. However, if the EU wants to remain competitive at international level, the Member States must step up economic and scientific cooperation and at the same time adopt common programmes and objectives. Bearing in mind, moreover, that other parts of the world are becoming ever more attractive to students, researchers and other highly-qualified third-country migrant workers, the EU should effectively and directly address the weaknesses that have been pinpointed in attracting certain groups to Europe;










19.


considers a directive to be the appropriate legislative means to tackle the shortcomings of the existing regime, and to secure a cohesive legislative framework. The directive allows for the introduction of common binding rules on admission conditions, procedures and authorisations, while at the same time providing the Member States with the necessary degree of flexibility in terms of implementation;










20.


regrets that the European Commission makes no direct mention of the adoption of a ‘bottom-up’ model and that the impact assessment carried out gives no consideration to the specific impact that policy on the entry and residence of third country nationals has at local and regional level;










21.


welcomes the establishment of a common framework for all the above-mentioned categories of third-country nationals. An effective system that attracts talented migrants must be based on common simplified admission conditions and requirements;










22.


recognises the need to create a transparent and coordinated legal framework to govern conditions for the entry and residence of third country nationals in order to make the European Union more attractive and accessible to third country nationals. EU legislation must cover conditions for entry and residence, long-term visas and residence permits, the rights of third country nationals residing legally in an EU country and the conditions governing their movements within the EU;










23.


is pleased that the common provisions of the directives apply to remunerated trainees and au pairs, and considers that securing a legal status for these two groups will provide the necessary safeguards for the fair treatment of these third country nationals;










24.


endorses the introduction of procedural guarantees on the granting or otherwise of authorisation (Article 29);










25.


takes a positive view of the establishment of provisions bolstering mobility within the EU for all categories, while more favourable rules are introduced for beneficiaries of EU mobility programmes such as Erasmus Mundus or Marie Curie (Article 29);










26.


agrees with the simplification of the procedures for obtaining residence permits, and welcomes the mandatory provision of information by the Member States on entry and residence conditions (Article 30);










27.


endorses application of the proportionality principle to the charging of fees for the processing of applications (Article 31);










28.


is pleased that the directive recognises the right for all categories to treatment equal with nationals of the host Member State as regards access to goods and services, with the exception of procedures for obtaining housing (Article 21(2));










29.


endorses the provisions giving students the right to work for at least 20 hours a week in the host country, giving researchers' family members access to the labour market and, once they have completed their studies, allowing researchers and students to stay in the Member State for a maximum total period of 12 months in order to look for work;










30.


agrees with the provisions (Articles 32 and 33) concerning the collection of the statistics needed to determine the volume of third country nationals who will receive authorisations on the basis of the new directive;










31.


considers it significant that the restrictions of Directive 2011/98/ΕC on the single permit relating to social security are not applied to researchers;






Proposals for achieving the objectives








32.


believes that there must be an integrated approach to achieving the directive's objectives, the ultimate aim of which is to develop a competitive European economy within the international environment. Efforts to attract human capital from third countries must not be limited to entry and residence conditions for third country nationals, but should also promote the necessary measures to support their integration within local communities and could include a wide range of policies, such as education, employment, public health, and economic, social and territorial cohesion;










33.


encourages the Member States to provide the appropriate legal framework in order to guarantee the equitable treatment of remunerated trainees and au pairs and urges them to adopt the International Labour Organisation's Convention on Domestic Workers;










34.


considers application of multilevel governance to be an essential precondition for successful regulation of the entry of third country nationals and their residence in EU territory. The Committee would also draw attention to the fact that if the policy of attracting talented migrants is to be successful, local and regional authorities must be actively involved in promoting the mobility of the groups covered by the proposed directive. The definition of entry and residence conditions for third country nationals in the EU and by extension their reception and integration in Member States is an important area of action and interest for local and regional authorities. Regional authorities play a decisive role in creating the right conditions for third-country nationals to access information and services relating to education, healthcare, employment, housing and other public services;










35.


is convinced that a coherent European approach must be accompanied by an appropriate cost analysis, to ensure that account is taken of the economic cost and administrative burden that applying the new provisions may impose on the Member States and regional and local authorities. The CoR notes that the regional and local authorities are the linchpins enabling immigrants to develop a strong and constructive connection with the host society. This role can entail additional cost to regions and municipalities who are often called upon to rise to the challenges of integration, which is particularly difficult but even more necessary at a time of economic recession and severe budgetary austerity.




II.   RECOMMENDATIONS FOR AMENDMENTS


Amendment 1

Recital 6






Text proposed by the Commission


CoR amendment




This Directive should also aim at fostering people-to-people contacts and mobility, as important elements of the Union’s external policy, notably vis-à-vis the countries of the European Neighbourhood Policy or the Union’s strategic partners. It should allow for a better contribution to the Global Approach to Migration and Mobility and its Mobility Partnerships which offer a concrete framework for dialogue and cooperation between the Member States and third countries in facilitating and organizing legal migration.


This Directive should also aim at fostering people-to-people contacts and mobility, as important elements of the Union’s external policy, notably vis-à-vis the countries of the European Neighbourhood Policy or the Union’s strategic partners. It should allow for a better contribution to the Global Approach to Migration and Mobility and its Mobility Partnerships which offer a concrete framework for dialogue and cooperation between the Member States and third countries. This cooperation, which also involves local authorities and civil society actors, is a key for development and contributes to
in facilitating and organizing legal migration.






Reason


See point 34 of the opinion.

Amendment 2

Recital 32






Text proposed by the Commission


CoR amendment




Union immigration rules and Union programmes including mobility measures should complement each other more. Third-country national researchers and students covered by such Union programmes should be entitled to move to the Member States foreseen on the basis of the authorisation granted by the first Member State, as long as the full list of those Member States is known before entry into the Union. Such an authorisation should allow them to exercise mobility without the need to provide any additional information or to complete any other application procedures. Member States are encouraged to facilitate the intra-Union mobility of third-country national volunteers where volunteering programmes cover more than one Member State.


Union immigration rules and Union programmes including mobility measures should complement each other more. Third-country national researchers and students covered by such Union programmes should be entitled to move to the Member States foreseen on the basis of the authorisation granted by the first Member State, as long as the full list of those Member States is known before entry into the Union. Such an authorisation should allow them to exercise mobility without the need to provide any additional information or to complete any other application procedures. Member States and their public authorities at all levels are encouraged to facilitate the intra-Union mobility of third-country national volunteers where volunteering programmes cover more than one Member State.






Reason


See point 34 of the opinion.

Amendment 3

Recital 35






Text proposed by the Commission


CoR amendment




The provisions of this Directive are without prejudice to the competence of the Member States to regulate the volumes of admission of third-country nationals for the purpose of work.


The provisions of this Directive are without prejudice to the competence of the Member States to regulate the volumes of admission of third-country nationals for the purpose of work taking into account the conditions in the job market at the local and regional level.







Reason


See point 34 of the opinion.

Amendment 4

Article 14






Text proposed by the Commission


CoR amendment




Specific conditions for au-pairs
A third-country national who applies to be admitted for the purpose of working as an au-pair shall, in addition to the general conditions laid down in Article 6:






(a)


be at least 17 but not more than 30 or, except in individually justified cases, more than 30 years of age;










(b)


provide evidence that the host family accepts responsibility for him/her throughout his/her period of presence in the territory of the Member State concerned, in particular with regard to subsistence, accommodation, healthcare, maternity or accident risks;










(c)


produce an agreement between the au-pair and the host family defining his/her rights and obligations, including specifications about the pocket money to be received and adequate arrangements allowing him/her to attend courses, and participation in day-to-day family duties.






Specific conditions for au-pairs
A third-country national who applies to be admitted for the purpose of working as an au-pair shall, in addition to the general conditions laid down in Article 6:






(a)


be at least 17 but not more than 30 or, except in individually justified cases, more than 30 years of age;










(b)


provide evidence that the host family accepts responsibility for him/her throughout his/her period of presence in the territory of the Member State concerned, in particular with regard to subsistence, accommodation, healthcare, maternity or accident risks;










(c)


produce an agreement between the au-pair and the host family defining his/her rights and obligations, including specifications about the pocket money to be received and adequate arrangements allowing him/her to attend courses, and participation in day-to-day family duties.











(d)




the agreement between the au pair and the host family shall provide for at least one full free day per week.











Reason


The suggested amendment aims to guarantee equal treatment between au-pairs and other workers in terms of weekly rest periods by ensuring that au pairs have at least one full day of weekly rest.

Brussels, 28 November 2013


The President of the Committee of the Regions

Ramón Luis VALCÁRCEL SISO