What changed between the draft committee report and the plenary report

Removed:Article 1 a (new): Article 1a / Purpose / The purpose of this Directive is to create a harmonised EU long-term resident status and set out rules on the procedures and rights associated with this status. / The Directive aims at ensuring equal treatment of third-country nationals, fostering their integration and social inclusion, and enhancing their right to intra-EU mobility. The rules set out in this Directive also aim to increase the Union’s attractiveness to third-country skills and talents.

Removed:Necessary for internal coherence and clarity of the Directive to reflect the objectives set out by the Commission for the recast.

Article 2 – paragraph 1 – point b: (b) ‘ EU long-term resident’ means any third-country national who has EU long-term resident status as provided for under this Directive;

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Removed:Necessary for internal coherence of the Directive. In particular, the provisions on EU long-term residence status are listed in Articles beyond Articles 4-7.

Added:Article 2 – paragraph 1 – point d: (d) ‘second Member State’ means any Member State other than the one which for the first time granted EU long-term resident status to a third-country national and in which that long-term resident exercises the rights provided under this Directive;

Removed:Article 2 – paragraph 1 – point c: (c) ‘first Member State’ means the Member State which currently grants EU long-term resident status to a third-country national;

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

Removed:Article 2 – paragraph 1 – point d: (d) ‘second Member State’ means any Member State other than the one which currently grants EU long-term resident status to a third-country national and in which that long-term resident exercises the rights provided under this Directive;

Removed:Linguistic change reflecting the nature of the Directive.

Article 3 – paragraph 2 – point b: (b) have applied for authorisation to reside in a Member State on the basis of temporary protection and are awaiting a decision on their status;

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Removed:Necessary for internal coherence, in particular reflecting the proposed changes in Article 5, with regards to the calculation period. Furthermore, the Rapporteur believes that, since the beneficiaries of international protection are included in the scope of the Directive, there is no need to exclude beneficiaries of other forms of protection.

Article 3 – paragraph 2 – point c: (c) have applied for authorisation to reside in a Member State on the basis of a form of protection other than international protection and are awaiting a decision on their status;

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Removed:Necessary for internal coherence, in particular reflecting the proposed changes in Article 5, with regards to the calculation period. Furthermore, the Rapporteur believes that, since the beneficiaries of international protection are included in the scope of the Directive, there is no need to exclude beneficiaries of other forms of protection.

Added:Article 3 – paragraph 2 – point e: (e) reside solely on temporary grounds as au pair, as workers posted by a service provider for the purposes of cross-border provision of services, or as cross-border providers of services as covered by Directive 96/71/EC of the European Parliament and of the Council1a; / 1a Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1).

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Changed:Article 3 – paragraph 2 – point e: (e)f residea as(new): workers(fa) postedreside byin a serviceMember providerState forsolely theas purposesa ofholder cross-borderof provisiona ofresidence services,permit orgranted ason cross-borderthe providersbasis of servicesany askind coveredof byinvestment Directivein 96/71/EC;a Member State.

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Removed:Necessary for internal coherence and linked to Article 4 of this Directive, which falls under the recast procedure.

Added:Article 4 – paragraph 1: 1. Notwithstanding paragraph 3 of this article, Member States shall grant EU long-term resident status to third-country nationals who have resided legally and continuously within its territory for three years immediately prior to the submission of the relevant application.

Removed:Article 3 – paragraph 2 a (new): 2a. reside in a Member State solely as a holder of a residence permit granted on the basis of any kind of investment in a Member State;

Removed:Necessary for internal coherence and in line with the changes proposed in Article 4 of this Directive.

Removed:Article 4 – paragraph 1: 1. Notwithstanding paragraph 3 of this article, Member States shall grant EU long-term resident status to third-country nationals who have resided legally and continuously within its territory for three years immediately prior to the submission of the relevant application. An interruption period of less than two months shall not affect the continuous nature of residence. Such interruption shall not be taken into account for the duration of residence.

Removed:In its Asylum and Migration Management Regulation, the Commission included an amendment to EU long-term residence directive, which shortens the period of time for beneficiaries of international protection to residence in the first Member State from 5 to 3 years. The Rapporteur believes that this amendment is in line with the earlier proposal of the Commission and is necessary for internal coherence of the Directive.

Removed:Article 4 – paragraph 1 a (new): 1a. By way of derogation from paragraph 1, Member States may grant EU long-term resident status to vulnerable persons who have resided legally and continuously within their territories for less than three years, based on an assessment of their individual situation, in accordance with the conditions set out in national law.

Removed:In line with the overall objective the recast to create a more coherence and fair system. The rapporteur’s amendment aims to introduce a durable solution to those who face particularly difficult circumstances, for instance victims of human trafficking.

Article 4 – paragraph 2: deleted

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Removed:This provision is now moved to Article 3.

Added:Article 4 – paragraph 3: 3. Member States shall allow third-country nationals to cumulate periods of legal residence in different Member States in order to fulfil the requirement concerning the duration of residence, provided that they have accumulated one year of legal and continuous residence within the territory of the Member State where the application for EU long-term resident status is submitted immediately prior to the submission of the application. For the purpose of cumulating periods of residence in different Member States, Member States shall not take into account periods of residence as a holder of a residence permit granted on the basis of any kind of investment in another Member State.

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Changed:Article 4 – paragraph 5 – subparagraph 1:2: AnyRegarding persons to whom international, temporary or other forms of national protection has been granted, the entirety of the period between the date of residencethe spentlodging asof athe holderapplication for international protection on the basis of anywhich visathat orinternational residenceprotection permitwas issuedgranted underand Unionthe ordate nationalof law,the includinggrant of the casesresidence coveredpermit referred to in Article 3(2), points24 (a)of andDirective (e),2011/95/EU shall be taken into account forin the purposescalculation of calculating the period referred to in paragraph 1.

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Changed:Article 4 – paragraph 5 –a subparagraph(new): 2:5a. RegardingWhere personsa referredbeneficiary toof international protection is found in Articlea 3(2),Member pointsState (b),other (c),than andthe (d),one tothat whomgranted international,international temporaryprotection, without a right to stay or otherto formsreside ofthere protectionin hasaccordance beenwith granted,relevant theUnion, entiretynational ofor international law, the period betweenof legal stay in the dateMember ofState that granted that beneficiary international protection preceding such a situation shall not be taken into account in the lodgingcalculation of the applicationperiod forreferred protectionto onin theparagraph basis1. / By way of whichderogation thatfrom protectionthe wasfirst grantedsubparagraph, andin particular where the datebeneficiary of international protection demonstrates that the grantreason offor the stay or residence permitwithout referreda right was due to incircumstances Articlebeyond 24the ofcontrol Directiveof 2011/95/EUthat shallbeneficiary, beMember takenStates intomay accountprovide, in accordance with their national law, that the calculation of the period referred to in paragraph 1.1 shall not be interrupted.

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Removed:During the trilogue on the Qualifications Regulation in June 2018, the Parliament and the Council have agreed on this provision. The provision is also included in the Council’s general approach on the Qualification Regulation. Therefore, the Rapporteur believes the following amendment is necessary for the internal coherence of the Directive.

Added:Article 4 – paragraph 6 – subparagraph 1: Periods of absence from the territory of the Member State concerned shall not interrupt the period referred to in paragraph 1 and shall be taken into account for its calculation where they are shorter than six consecutive months and do not exceed in total 12 months within the period referred to in paragraph 1.

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Changed:Article 4 – paragraph 5 – subparagraph 26 a (new): Where a beneficiary of international protection is found in a Member6a. State,If otheran thaninterruption thebetween oneresidence thatpermits granted international protection, without a right to stay or to reside there in accordance with relevant Unionunder national or international law,Union thelaw periodis ofless legalthan staytwo inmonths, the Member State that granted him or her international protection preceding such a situationresidence shall notstill be taken intointerpreted accountas inbeing theof calculationa ofcontinuous thenature, periodas referred to in paragraph 1.

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Removed:During the trilogue on the Qualifications Regulation in June 2018, the Parliament and the Council have agreed on this provision. The provision is also included in the Council’s general approach on the Qualification Regulation. Therefore, the Rapporteur believes the following amendment is necessary for the internal coherence of the Directive.

Added:Article 5 – paragraph 1 – point a: (a) stable and regular resources , also made available by a third party, which are sufficient to maintain himself/herself and the members of his/her family. Member States shall evaluate these resources by reference to their nature and regularity and may take into account the level of minimum wages and pensions prior to the application for long-term resident status;

Removed:Article 4 – paragraph 5 – subparagraph 2 b (new): By way of derogation from the first subparagraph, in particular where the beneficiary of international protection demonstrates that the reason for the stay or residence without a right was due to circumstances beyond his or her control, Member States may provide, in accordance with their national law, that the calculation of the period referred to in paragraph 1 shall not be interrupted.

Added:Article 5 – paragraph 1 a (new): 1a. The conditions referred to in paragraph 1 shall not apply to third-country nationals who have resided legally and continuously in the Member State concerned for ten years immediately prior to the lodging of an application for an EU long-term resident status.

Removed:During the trilogue on the Qualifications Regulation in June 2018, the Parliament and the Council have agreed on this provision. The provision is also included in the Council’s general approach on the Qualification Regulation. Therefore, the Rapporteur believes the following amendment is necessary for the internal coherence of the Directive.

Added:Article 5 – paragraph 2: 2. For the purpose of paragraph 1, point (a), Member States shall evaluate the stable and regular resources by reference to their nature and regularity. Member States shall also assess the individual circumstances of the applicant. To ensure compliance with non-discrimination Member States shall consider recourse to social assistance in the evaluation of stable and regular resources, in the case of an applicant's disability or incapacity to work due to circumstances such as pregnancy, injury, accident or disease, in accordance with national law. Stable and regular resources shall not be required to be higher than the threshold below which nationals of the Member State concerned become eligible for social assistance, or, where this criterion is not applicable, higher than the minimum social security pension paid by the Member State concerned. / For the purpose of evaluating stable and regular resources, gaps in between labour contracts of less than two months shall be considered irrelevant. Member States shall not impose a minimum income level, below which all applications for EU long-term resident status would be refused, irrespective of an actual examination of the situation of each applicant. / For the purpose of evaluating stable and regular resources, a maximum period of one year shall be considered. Where Member States issue national residence permits in accordance with Article 14(1) and where more favourable provisions apply for the evaluation of stable and regular reso…

Removed:Article 5 – paragraph 1 – point a: (a) stable and regular resources , also made available by any other third party, which are sufficient to maintain himself/herself and the dependent members of his or her family, without recourse to the social assistance system of the Member State concerned. Member States shall evaluate these resources by reference to their nature and regularity and may take into account the level of minimum wages and pensions prior to the application for long-term resident status;

Added:Article 5 – paragraph 3: 3. In accordance with national law, Member States may require a proof of language proficiency up to A2 level. In such cases, Member States shall provide language courses free of charge.

Removed:Necessary for the internal coherence of the Directive and in line with the principle of proportionality.

Added:Article 5 – paragraph 4: 4. Where Member States issue national residence permits in accordance with Article 14(1), and where the conditions laid down in national law for issuance of such permit are met, the third-country national who applied for the national residence permit shall be considered to have fulfilled all the conditions to acquire the EU long-term resident permit.

Removed:Article 5 – paragraph 1 a (new): 1a. The conditions referred to in paragraph 1 shall not apply to third-country nationals who have resided legally and continuously for ten years immediately prior to the submission of the relevant application.

Added:Article 7 – paragraph 1: 1. To acquire EU long-term resident status, the third-country national concerned shall submit an application with the competent authorities of the Member State in which he/she resides. The application shall be accompanied by documentary evidence to be determined by national law that he/she meets the conditions set out in Articles 4 and 5 as well as, if required, by a valid travel or identification document or their certified copy.

Removed:In line with aims set out in the proposal to create a more fair system to acquire EU long-term resident status, faciliate easier access to the residence status, and promote the integration of third-country nationals who settled legally and on a long-term basis in the Union.

Added:Article 7 – paragraph 2 – subparagraph 1: The competent national authorities shall give the applicant written notification of the decision as soon as possible and in any event no later than 60 days from the date on which the complete application was submitted. Any such decision shall be notified to the third-country national concerned in accordance with the notification procedures under the relevant national legislation.

Removed:Article 5 – paragraph 2: 2. For the purpose of paragraph 1, point (a), in line with the principle of proportionality, Member States shall evaluate the stable and regular resources by reference to their nature and regularity, shall take into account the individual situation of the person concerned, and shall, as the primary criteria take into account the level of minimum wages and pensions prior to the application for long-term resident status. In any case, the amount shall not be higher than the threshold below which nationals of the Member State concerned become eligible for social assistance, or, where this criterion is not applicable, higher than the minimum social security pension paid by the Member State concerned. / For the purpose of assessing stable and regular resources, gaps in between labour contracts of less than two months shall be considered irrelevant. Member States shall not impose a minimum income level, which they regard as stable and regular resources, below which all applications for EU long-term resident status would be refused, irrespective of an actual examination of the situation of each applicant. For the evaluation of stable and regular resources, a maximum period of one year shall be considered. / Where Member States issue national residence permits in accordance with Article 14(1) and where more favourable provisions apply for the evaluation of stable and regular resources than provided in this Article, the same evaluation shall be applied to EU long-term resident permit h…

Added:Article 7 – paragraph 2 – subparagraph 2: Where the documents presented or information provided in support of the application are inadequate or incomplete, the competent authorities shall notify the applicant of the additional documents or information that are required and shall set a reasonable deadline for presenting or providing them. That reasonable deadline shall not be stricter than the equivalent deadline imposed on applicants for national permits. The period referred to in the first subparagraph shall be suspended until the authorities have received the additional documents or information required. If the additional documents or information required have not been provided within that deadline, the application may be rejected.

Removed:Article 5 – paragraph 3: 3. Member States shall not require third-country nationals to comply with integration conditions.

Added:Article 7 – paragraph 4: 4. Where an application for an EU long-term residence permit concerns a third-country national who holds a national residence permit issued by the same Member State in accordance with Article 14(1), that Member State shall not require the applicant to present additional evidence for the application for the EU long-term residence permit provided the compliance with those conditions was already verified in the context of the application for the national residence permit. Where applicable, EU long-term residents shall not be precluded from retaining a national permanent residence permit in accordance with Article 14(1).

Removed:Necessary to reflect the aim of the recast, in particular to promote integration of third-country nationals who settled legally and on a long-term basis in the Union. Considering this Directive covers nationals who have resided in the Union for a long-term basis, it is safe to assume that this specific category of third-country nationals are already integrated.

Added:Article 8 – paragraph 2: 2. Member States shall issue an EU long-term residence permit to EU long-term residents. The permit shall be valid at least for five years; it shall, upon application if required, be automatically renewable on expiry, without introducing additional conditions.

Removed:Article 5 – paragraph 4: 4. Where Member States issue national residence permits in accordance with Article 14(1), all conditions to acquire the EU long-term residence permit shall be considered as fulfilled.

Removed:Article 7 – paragraph 2 – subparagraph 1: The competent national authorities shall give the applicant written notification of the decision as soon as possible and in any event no later than 30 days from the date on which the complete application was lodged. Any such decision shall be notified to the third-country national concerned in accordance with the notification procedures under the relevant national legislation.

Removed:Necessary to reflect the aim of the recast to further harmonise and simplify procedures for acquiring an EU long-term residence status. Furthermore, the Rapporteur believe that the rules set out in this Directive should be harmonised with more favourable provisions adopted in the recent legal migration instruments, including the Blue Card Directive (90 day limit), the ICT Directive (30 day limit) and the S&RD (90 day limit).

Removed:Article 7 – paragraph 2 – subparagraph 2: Where the documents presented or information provided in support of the application are inadequate or incomplete, the competent authorities shall notify the applicant of the additional documents or information that are required and shall set a reasonable deadline, within a minimum of 30 days, for presenting or providing them. The period referred to in the first subparagraph shall be suspended from the notification until the authorities have received the additional documents or information required. If the additional documents or information required have not been provided within that deadline, the application may be rejected.

Removed:Article 7 – paragraph 4: 4. Where an application for an EU long-term residence permit concerns a third-country national who holds a national residence permit issued by the same Member State in accordance with Article 14(1), that Member State shall not require the applicant to give evidence of the conditions provided for in Article 5(1) and (2), if the compliance with those conditions was already verified in the context of the application for the national residence permit. Member States shall not require third-country nationals who hold a national residence permit and are applying for an EU long-term residence permit to comply with integration conditions. If applicable, EU long-term residents shall not be precluded from retaining a national permanent residence permit in accordance with Article 14(1).

Removed:Article 8 – title: EU long-term residence permit

Removed:Technical amendment for internal clarity and coherence.

Article 9 – title: Withdrawal, loss or re-acquisition of status

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Removed:Technical amendment reflecting the provisions set out in this Article.