What changed between the draft committee report and the plenary report

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

7 unchanged paragraphs

on the proposal for a directive of the European Parliament and of the Council concerning the status of third-country nationals who are long-term residents (recast)

(COM(2022)0650 – C90162/2022 – 2022/0134(COD))

(Ordinary legislative procedure – recast)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2022)0650),

– having regard to Article 294(2) and Article 79(2), points (a) and (b) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90162/2022),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

Added:– having regard to the opinion of the European Economic and Social Committee of 26 October 2022,

Added:– having regard to the opinion of the Committee of the Regions of 30 November 2022,

– having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts,

Added:– having regard to regard to the letter of 23 March 2023 sent by the Committee on Legal Affairs to the Committee on civil Liberties, Justice and Home Affairs in accordance with Rule 110(3) of its Rules of Procedure,

– having regard to Rules 110 and 59 of its Rules of Procedure,

– having regard to the opinion of the Committee on Employment and Social Affairs,

Changed:– having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A90000/2022),(A9-0145/2023),

4 unchanged paragraphs

A. whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the Commission proposal does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance;

1. Adopts its position at first reading hereinafter set out, taking into account the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Change 1

Changed:Recital 1 a (new):1: (1a)(1) TheCouncil EuropeanDirective Council,2003/109/EC31 athas itsbeen specialsubstantially meetingamended32 in. TampereOn onthe 15continued andbasis 16that Octoberthe 1999,Union statedshould thatensure the legalfair statustreatment of third-country nationals shouldwho beare approximatedlegally toresiding thatin the territory of Memberthe States'Member nationalsStates and that a person who has resided legally in a Member Statemore forvigorous aintegration periodpolicy ofshould timeaim to begrant determinedthose andthird-country whonationals holdsrights aand long-termobligations residencecomparable permitto shouldthose beof grantedcitizens inof thatthe MemberUnion, Statefor athe setpurpose of uniformenhancing rightsthe whichattractiveness areof asthe nearUnion, asand possiblein tothe thoseinterests enjoyedof byclarity, citizensthat ofDirective theshould Europeanbe Union.recast.

Change 2

Removed:The Rapporteur re-introduces text which has been deleted by the Commission in this proposal. The strike-through text falls under the recast procedure.

Added:Recital 5: (5) The prospect of obtaining EU long-term resident status in a Member State after a certain time is an important opportunity for the full integration of beneficiaries of international, temporary and other forms of protection in the Member State of residence. Beneficiaries of international, temporary or other forms of protection should therefore be able to obtain EU long-term resident status in the Member State, which granted them such protection, subject to the same conditions as other third-country nationals.

Removed:Recital 5: (5) The prospect of obtaining EU long-term resident status in a Member State after a certain time is an important element for the full integration of beneficiaries of international, temporary and other forms of protection in the Member State of residence. Beneficiaries of international, temporary and other forms of protection should therefore be able to obtain EU long-term resident status in the Member State which granted them such protection, subject to the same conditions as other third-country nationals.

Added:Recital 6: (6) Third-country nationals who are beneficiaries of free movement rights in accordance with EU law should be given access to EU long-term resident status in accordance with the same rules as any other third-country nationals falling within the scope of this Directive. The rights that such third-country nationals acquire as holders of the EU long-term resident status should be without prejudice to the rights they may enjoy under Directive 2004/38/EC33 . All provisions in this Directive regarding the beneficiaries of the right to free movement should also apply to third-country nationals who enjoy rights of free movement equivalent to those of Union citizens under agreements either between the Union and the Member States on the one hand, and third countries on the other, or between the Union and third countries.

Removed:Necessary for internal coherence and linked to Article 3.

Added:Recital 6 a (new): (6a) \To promote the integration and social inclusion of third-country nationals, in particular third-country nationals from low-income categories, seasonal workers should have the prospect of obtaining EU long-term resident status, provided that they fulfil the conditions for conferring the status.

Removed:Recital 6: (6) Third-country nationals who are beneficiaries of free movement rights in accordance with EU law should be given access to EU long-term resident status in accordance with the same rules as any other third-country nationals falling within the scope of this Directive. The rights that such third-country nationals acquire as holders of the EU long-term resident status should be without prejudice to the rights they may enjoy under Directive 2004/38/EC33. All provisions in this Directive regarding the beneficiaries of the right to free movement should also apply to third-country nationals who enjoy rights of free movement equivalent to those of Union citizens under agreements either between the Union and the Member States on the one hand, and third countries on the other, or between the Union and third countries.

Removed:Consistency with the definition set out in the Directive.

Removed:Recital 6 a (new): (6a) To promote the integration and social inclusion of third-country nationals, in particular from low-wage sectors, seasonal workers and au pairs should have the prospect of obtaining EU long-term resident status, as long as those third-country nationals fulfil the conditions for conferring the status.

Removed:Necessary for internal coherence and in line with Article 3 of the Directive.

Recital 7: (7) The main criterion for acquiring the status of EU long-term resident should be the duration of residence in the Union. Residence should be both legal and continuous in order to show that the person has put down roots in the country. Provision should be made for a degree of flexibility so that account can be taken of circumstances in which a person might have to leave the territory on a temporary basis.

Change 3

Removed:Necessary for internal coherence and linked to the aim of promoting intra-EU mobility.

Added:Recital 8: (8) To prevent the risk of abusive acquisition of EU long-term resident status third-country nationals who hold a residence permit granted on the basis of any kind of investment in a Member State should be excluded from the scope of this Directive. This is particularly relevant, as the issue of such residence permits is not always subject to the requirement of continuous physical presence in that Member State or is merely subject to the requirement of the investors’ presence in the Member State for a limited time. To prevent the risk of violation of the requirement of continuous physical presence in the Member State of residence, Member States should exclude from the scope of this Directive third-country nationals applying for an EU long-term resident status in exchange of any kind of investment, such as capital transfers, purchase or renting of property, investment in government bonds, investment in corporate entities, donation or endowment of an activity contributing to the public good and contributions to the state budget.

Change 4

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Change 5

Changed:Recital 9: (9) To further facilitate access to EU long-term resident status for third-country nationals,10: the(10) requiredAny period of residence forspent theby acquisitiona holder of EUa long-termlong-stay residentvisa statusor isresidence reducedpermit fromissued fiveunder toUnion threeor years,national whichlaw should be completed in thecounted samefor Memberacquiring Statethe ofEU application.long-term Aresident Memberstatus, Stateincluding shouldresidence informas a third-country national about the completionbeneficiary of lawful and continuousnational residenceor andtemporary theprotection, possibilityor toresidence applyinitially forbased thesolely EUon long-termtemporary residentgrounds, status.and However,periods inof orderresidence tounder promotea thestatus intra-EUor mobilityin ofa third-countrycapacity nationals,that Memberis Statesexcluded shouldfrom allowthe third-countryscope nationalsof tothe cumulateDirective, periodssuch ofas residence in different Memberfor States.study Withpurposes theor aimvocational totraining. limitWhere the attractiveness ofthird-country investornational residenceconcerned schemeshas andacquired consideringa thetitle factof thatresidence notwhich allwill Memberenable Stateshim/her haveto regulatedbe thisgranted categoryEU oflong-term residenceresident permits,status, Memberthese Statesperiods should notbe taketaken into account periods of residencefully asin athe holdercalculation of a residence permit grantedthe onperiod therequired basisto ofacquire anyEU kindlong-term ofresident investmentstatus, inprovided anotherthat Memberthe Stateoverall forresidence thehas purposebeen oflegal cumulatingand periods.continuous.

Change 6

Removed:Recital 9 a (new): (9a) It should be possible for Member States to to grant EU long-term resident status to vulnerable third-country nationals who have resided in the EU less than the required duration of residence, due to their individual circumstances. In particular, this would be useful to provide a durable solution for victims of human trafficking.

Added:Recital 10 a (new): (10a) To facilitate the integration and social inclusion of beneficiaries of international, temporary and other forms of national protection, Member States should take into account the entire period of time between the date of the lodging of the application for international, temporary or national protection and the date of the granting of the status of beneficiary of international, temporary or national protection.

Removed:Necessary for internal coherence and linked to Article 5.

Added:Recital 11: (11) To acquire EU long-term resident status, third-country nationals should prove that they have adequate resources and sickness insurance. Member States should not impose a minimum income level below which all applications for EU long-term resident status will be refused, irrespective of an actual examination of the situation of each applicant. When making an assessment of the possession of stable and regular resources, Member States may take into account factors such as contributions to the pension system and fulfilment of tax obligations. The concept of ‘resources’ should not concern solely the ‘own resources’ of the applicant for EU long-term resident status, but may also cover the resources made available to that applicant by a third party provided that, in the light of the individual circumstances of the applicant concerned, they are considered to be stable, regular and sufficient. When evaluating stable and regular resources, Member States should be able to take into account certain types of social assistance, based on the individual circumstances of the applicants, such as those with disabilities, or those unable to work through pregnancy, who have suffered work-related injuries, accidents or disease, in order to ensure compliance with the principle of proportionality and non-discrimination. For the purpose of the evaluation of stable and regular resources, gaps in between labour contracts of less than two months should be considered irrelevant. For the uniform appli…

Removed:Recital 9 b (new): (9b) Considering that applicants usually experience periods of interruption, with this risk increasing during the cumulation of time periods while being mobile across the Union, Member States should not take into account periods of interruptions that are less than two months into the calculation of the duration of residence period. This would help to reduce the risk of excluding a number of third-country nationals, who fulfilled all the conditions to apply for an EU long-term resident status, from applying for the status.

Added:Recital 11 a (new): (11a) Where a third-country national has resided for more than ten years in the Member State concerned immediately prior to his or her application, that third-country national should not be required to comply with requirements on income and sickness insurance. That could, in particular, be helpful to facilitate access to EU long-term residence for vulnerable groups, including people with a disability, and for pensioners.

Removed:Necessary for internal coherence and linked to Article 5.

Added:Recital 11 b (new): (11b) Where a third-country national already possesses a national permanent residence permit, the Member State in which that permit was issued should consider all requirements to acquire EU long-term residence permit fulfilled.

Removed:Recital 10: (10) Any period of residence spent by a holder of a visa or residence permit issued under Union or national law should be counted for acquiring the EU long-term resident status, including periods of residence under a status or in a capacity that is excluded from the scope of the Directive, such as residence for study purposes or vocational training or residence initially based solely on temporary grounds. Where the third-country national concerned has acquired a title of residence which will enable him/her to be granted EU long-term resident status, these periods should be taken into account fully in the calculation of the period required to acquire EU long-term resident status, provided that the overall residence has been legal and continuous.

Added:Recital 12: (12) Member States should be able to require applicants for EU long-term resident status to comply with language conditions. However, the means for implementing this requirement should not be liable to jeopardise the objective of promoting the integration of third-country nationals, having regard, in particular, to the level of knowledge required to pass a civic integration examination, to the accessibility of the courses and material necessary to prepare for that examination, to the amount of fees applicable to third-country nationals as registration fees to sit that examination, or to the consideration of specific individual circumstances, such as age, gender, illiteracy, caring responsibilities, health, previous diplomas acquired in the Member State or level of education.

Removed:Recital 10 a (new): (10a) To facilitate the integration and social inclusion of beneficiaries of international, temporary and other forms of national protection, Member States should take into account the entire period between the date of the lodging of the application for international, temporary or national protection and the date of the granting of the status of beneficiary of international, temporary or national protection.

Added:Recital 13: (13) Moreover, third-country nationals who wish to acquire and maintain EU long-term resident status should not constitute a threat to public policy or public security. The notion of public policy may cover a conviction for committing a serious crime. The decision whether a third-country national constitutes a threat to public policy or public security should be made in accordance with procedures enshrined in national legislation and with the right for the applicant to appeal before the national court.

Removed:Linked to the agreement reached in the trilogue of the Qualification Regulation.

Added:Recital 16: (16) The acquisition of EU long-term resident status should be certified by EU long term residence permits enabling those concerned to prove their legal status easily and immediately. Such residence permits should also satisfy high-level technical standards, notably as regards protection against falsification and counterfeiting, in order to avoid abuses in the Member State in which the status is acquired and in Member States in which the right of residence is exercised. However, falsification and counterfeiting, in particular of documents, could take place without the knowledge of a third-country national. Therefore, Member States should individually examine cases and assess whether the third-country national had knowledge of and responsibility for such falsification and counterfeiting.

Removed:Recital 11: (11) To acquire EU long-term resident status, third-country nationals should prove that they have adequate resources and sickness insurance, to avoid becoming a burden for the Member State. Member States may indicate a certain sum as a reference amount, but they may not impose a minimum income level below which all applications for EU long-term resident status will be refused, irrespective of an actual examination of the situation of each applicant. When making an assessment of the possession of stable and regular resources, Member States may take into account factors such as contributions to the pension system and fulfilment of tax obligations. The concept of ‘resources’ should not concern solely the ‘own resources’ of the applicant for EU long-term resident status, but may also cover the resources made available to that applicant by a third party provided that, in the light of the individual circumstances of the applicant concerned, they are considered to be stable, regular and sufficient. When assessing stable and regular resources, gaps in between work contracts of less than two months should be considered irrelevant. For the uniform application of requirements on stable and regular resources, Member States should take into account a maximum period of one year for the assessment of resources. This will help address the wide discretion between Member States in applying the requirement and therefore ensure that a larger group of third-country nationals can have access to EU…

Added:Recital 17: (17) In order to promote circular migration of EU long-term residents and contribute to brain gain, in particular to allow them to invest in their countries of origin or other third countries and share the knowledge and skills acquired in the Union, as well as to return temporarily to their countries of origin for personal and family circumstances, EU long-term residents should be allowed to be absent from the territory of the Union for up to 24 consecutive months without losing their EU long-term resident status. In case of longer absences, Member States should establish a facilitated procedure for the re-acquisition of the EU long-term resident status, by allowing a third-country national to apply for the re-acquisition of their EU long-term resident status after one year of continuous and legal residence in the Member State concerned. Where Member States issue a national permanent residence permit in accordance with national law and provide for provisions on periods of absences, more favourable provisions should apply.

Removed:Falls under the recast procedure.

Added:Recital 20: (20) The recognition of the qualifications and skills of third-country nationals is a key step for their integration into the labour market. Qualifications, including diplomas, certifications, as well as skills and competences acquired by a third-country national in another Member State should be recognised in the same way as those of Union citizens. Qualifications acquired in a third country should be taken into account in accordance with Directive 2005/36/EC of the European Parliament and of the Council35 without prejudice to future Union law on the recognition of qualifications of third-country nationals, to support Member States and to facilitate the integration of third-country nationals into the labour market as well as to support intra-EU labour mobility. This Directive should be without prejudice to the conditions set out under national law for the exercise of regulated professions. Where the qualifications of the third-country national were already recognised in another Member State, the Member State concerned should take into account such qualifications in accordance with Directive 2005/36/EC.

Removed:Recital 11 a (new): (11a) Where a third-country national has resided for more than ten years in the Member State concerned immediately prior to his or her application, that third-country national should not be required to comply with requirements on income and sickness insurance. In particular, this could be helpful to facilitate access to EU long-term resident status for vulnerable groups, including people with disability, and for pensioners.

Added:Recital 20 a (new): (20a) Member States should ensure that all EU long-term residents enjoy equal treatment as set out in this Directive, in line with the principle of non-discrimination as enshrined in Article 21 of the Charter of the Fundamental Rights.

Removed:Necessary for internal coherence and clarity.

Added:Recital 21: (21) This Directive should take into account the common standards and procedures in Member States for returning irregularly staying third-country nationals introduced by Directive 2008/115/EC of the European Parliament and of the Council36 .

Removed:Recital 11 b (new): (11b) Where a third-country national already possesses a national permanent residence permit, the Member State in which this permit was issued should consider all requirements to acquire EU long-term residence permit fulfilled.

Added:Recital 22: (22) EU long-term residents should enjoy reinforced protection against decisions ending their legal stay . Member States should provide for effective legal remedy against such decisions. In line with the case law of the European Court of Human Rights and the Court of Justice of the European Union, Member States should take into account the individual circumstances before taking a decision to end the legal stay of an EU long-term resident.

Removed:Necessary for internal coherence and linked to Article 14, which falls under the recast procedure.