opinion parliamentary committee draft, 11 October 2022
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
Document EMPL-PA-736592 · (COM(2022)0650 – C90162/2022 – 2022/0134(COD))
Committee on Employment and Social Affairs · Rapporteur: Abir AlSahlani
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Short justification 167 paragraphs
The recast of the Long Term Residents Directive provides an important opportunity to modernize the European labour market and make it more fit for the future, while safeguarding and strengthening the rights of third-country nationals who come to work in Europe. It is clear that a major contributing factor to Europe’s future prosperity, innovation and competitiveness will be whether our companies have access to the skills and talents that they need, and whether it is attractive for third-country nationals to come to Europe instead of other parts of the world. It is also clear that although this directive has existed for more than two decades, it is not being used to its full potential.
That is why with this EMPL draft opinion on this recast I propose amendments that can facilitate and improve the integration of third-country nationals into the European labour market. A level playing field between the EU long-term resident status and national residence permits should be created, so that third-country nationals have a true choice between the two. This can be done without changing the national residence permits or interfering with the Member States’ competence to give out national permits, if emphasis is simply put on improving the attractiveness of the EU long-term resident status. This also implies that the requirements to obtain the EU long-term resident status must be harmonized as much as possible between Member Status, so that the expectations, rights and obligations for third-country nationals are clear - to themselves, to their employers and to the Member States’ authorities.
A concrete step towards enhancing the attractiveness, and thereby the utilisation, of the EU long-term resident status, is to decrease the period of residence in the EU required before one can obtain the long-term status. The draft shortens this period from five to three years, of which one year must be spent in the Member State of application. In order to promote intra-EU labour mobility, the required period of previous residence in a second Member State has been deleted. Lastly, the draft intends to bolster protections for EU long-term residents and eliminate discrimination of them on the labour market, for example against low- or medium-skilled workers, and different kinds of family structures.
AMENDMENTS
The Committee on Employment and Social Affairs calls on the Committee on Civil Liberties, Justice and Home Affairs, as the committee responsible, to take into account the following amendments:
Amendment 1
Proposal for a directive
Recital 20
| Text proposed by the Commission | Amendment |
|---|---|
| (20) Professional qualifications 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 . This Directive should be without prejudice to the conditions set out under national law for the exercise of regulated professions. | (20) Professional and occupational diplomas, certificates and other qualifications, 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 . This Directive should be without prejudice to the conditions set out under national law for the exercise of regulated professions. For the validation and recognition of the skills, competences and qualifications of third-country nationals in occupational professions, including vocational training, a common Union framework should be developed based on objective and uniform criteria, 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. |
| 35 Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 255, 30.9.2005, p. 22). | 35 Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 255, 30.9.2005, p. 22). |
Or. en
Amendment 2
Proposal for a directive
Read the rest (155 paragraphs)
Recital 26
| Text proposed by the Commission | Amendment |
|---|---|
| (26) In order to promote better integration of EU long-term residents, rules on favourable conditions for family reunification and access to work for spouses should be introduced. Thus specific derogations from Council Directive 2003/86/EC should be provided for. Family reunification should not be subject to conditions relating to integration, as EU long-term residents and their families are deemed to be integrated in the host society. | (26) In order to promote better integration of EU long-term residents, rules on favourable conditions for family reunification and access to work for family members should be introduced. Thus specific derogations from Council Directive 2003/86/EC should be provided for. Family reunification should not be subject to conditions relating to integration, as EU long-term residents and their families are deemed to be integrated in the host society. Furthermore, given that respect for family life and its protection is an essential element for the integration of EU long-term residents, the residence permit for the children of EU long-term residents should be interconnected to their residence permit. When a person acquires EU long-term resident status, his or her dependent children who are residing with them should acquire the EU long-term resident status automatically in the territory of the EU Member State having issued the EU long-term residence permit to that person, in particular without being subject to the requirement of prior residence. |
Or. en
Amendment 3
Proposal for a directive
Recital 27
| Text proposed by the Commission | Amendment |
|---|---|
| (27) As family life should be respected and its protection is an essential element of the integration of EU long-term residents, children of EU long-term residents who are born or adopted in the territory of the EU Member State having issued to the latter the EU long-term residence permit should acquire the EU long-term resident status in that Member State automatically, in particular without being subject to the requirement of prior residence. | deleted |
Or. en
Justification
Merged with Recital 26 for better coherence.
Amendment 4
Proposal for a directive
Recital 29
| Text proposed by the Commission | Amendment |
|---|---|
| (29) Member States should ensure a level playing field between EU long-term residence permits and national residence permits of permanent or unlimited validity, in terms of procedural and equal treatment rights, procedures and access to information. In particular, Member States should ensure that the level of procedural safeguards and rights granted to EU long-term residents and their family members is not lower than the level of procedural safeguards and rights enjoyed by holders of national residence permits of permanent or unlimited validity. Member States should also ensure that applicants for an EU long-term residence permit are not required to pay higher fees for the processing of their application than applicants for national residence permits. Finally, Member States should engage in the same level of information, promotion and advertisement activities with respect to the EU long-term residence permit as they do for national residence permits of permanent or unlimited validity, for example with regard to information on national websites on legal migration and information campaigns, and training programmes provided to the competent migration authorities. | (29) Member States should ensure a level playing field between EU long-term residence permits and national residence permits of permanent or unlimited validity, in terms of procedural and equal treatment rights, procedures to obtain the respective statuses as well as access to information. In particular, Member States should ensure that the level of procedural safeguards and rights granted to EU long-term residents and their family members is equal to the level of procedural safeguards and rights enjoyed by holders of national residence permits of permanent or unlimited validity. Member States should also ensure that applicants for an EU long-term residence permit are not required to pay higher fees for the processing of their application than applicants for national residence permits. Finally, Member States should engage in the same level of information, promotion and advertisement activities with respect to the EU long-term residence permit as they do for national residence permits of permanent or unlimited validity, for example with regard to information on national websites on legal migration and information campaigns, including the provision of that information in different languages, and training programmes provided to the competent migration authorities. |
Or. en
Amendment 5
Proposal for a directive
Recital 30
| Text proposed by the Commission | Amendment |
|---|---|
| (30) Residence of EU long-term residents in other Member States should be facilitated. Establishing the conditions subject to which the right to reside in another Member State may be acquired by third-country nationals who are EU long-term residents should contribute to the effective attainment of an internal market as an area in which the free movement of persons is ensured. The occupational and geographical mobility of third-country nationals who are already EU long-term residents in one Member State should be recognised as an important contributor to improving labour market efficiency across the Union, to addressing skills shortages and to offsetting regional imbalances. | (30) Residence of EU long-term residents in other Member States should be facilitated and promoted. Establishing the conditions subject to which the right to reside in another Member State may be acquired by third-country nationals who are EU long-term residents should contribute to the effective attainment of an internal market as an area in which the free movement of persons is ensured. The occupational and geographical mobility of third-country nationals who are already EU long-term residents in one Member State should be recognised as an important contributor to improving labour market efficiency across the Union, to addressing skills shortages, to supporting sustainable economic growth and to rebalancing disparities within and between regions. Furthermore, the intra-EU mobility of EU long-term residents and their family members can have social and cultural added value for EU Member States. |
Or. en
Amendment 6
Proposal for a directive
Recital 34
| Text proposed by the Commission | Amendment |
|---|---|
| (34) In order to facilitate the intra-EU mobility of EU long-term residents for the exercise of an economic activity in an employed or self-employed capacity, no check of the labour market situation should be carried out when examining applications for residence in a second Member State. | (34) Labour market checks constitute a barrier to effective intra-EU mobility. Therefore, Member States should not carry out any check of the labour market situation in a second Member State when examining applications for residence in thatsecond Member State for the exercise of an economic activity in an employed or self-employed capacity. |
Or. en
Amendment 7
Proposal for a directive
Recital 35
| Text proposed by the Commission | Amendment |
|---|---|
| (35) As soon as an EU long-term resident submits a complete application for residence in a second Member State within the deadline provided for in this Directive, it should be possible for that Member State to allow the EU long-term resident to begin employment or study. EU long-term residents should be entitled to begin employment or study at the latest 30 days after submitting the application for residence in the second Member State. | (35) As soon as an EU long-term resident submits a complete application for residence in a second Member State within the deadline provided for in this Directive, it should be possible for that Member State to allow the EU long-term resident to begin employment or study. At the latest 30 days after the submission of the application for residence by an EU long-term resident, Member States should ensure that he or she is entitled to begin employment or study in the second Member State. |
Or. en
Amendment 8
Proposal for a directive
Recital 36
| Text proposed by the Commission | Amendment |
|---|---|
| (36) Where EU long-term residents intend to apply for residence in a second Member State in order to exercise a regulated profession, their professional qualifications should be recognised in the same way as those of Union citizens exercising the right to free movement, in accordance with Directive 2005/36/EC and other applicable Union and national law. | (36) Where EU long-term residents intend to apply for residence in a second Member State in order to exercise a regulated profession, their professional diplomas, certificates and other qualifications should be recognised in the same way as those of Union citizens exercising the right to free movement, in accordance with Directive 2005/36/EC and other applicable Union and national law. |
Or. en
Amendment 9
Proposal for a directive
Recital 40
| Text proposed by the Commission | Amendment |
|---|---|
| (40) In order to ensure that the criteria for residence in the second Member State continue to be fulfilled, the second Member State should be allowed to require that EU long-term residents and their family members communicate to the competent authorities any change of employer or economic activity. The communication procedure should not suspend the right of the persons concerned to pursue the economic activity in an employed or self-employed capacity, and no check of the labour market situation should be carried out. | (40) In order to ensure that the criteria for residence in the second Member State continue to be fulfilled, the second Member State should be allowed to require that EU long-term residents and their family members communicate to the competent authorities the changes of employer or economic activity which materially affect their financial circumstances. The communication procedure should not suspend the right of the persons concerned to pursue the economic activity in an employed or self-employed capacity, and the Member State should not carry out any check of the labour market situation when assessing the information submitted. |
Or. en
Amendment 10
Proposal for a directive
Recital 41
| Text proposed by the Commission | Amendment |
|---|---|
| (41) Third-country nationals should be granted the possibility of acquiring EU long-term resident status in the Member State where they have moved and have decided to settle under the same conditions as those required for its acquisition in the first Member State. However, the required period of residence in the second Member State should be three years and it should not be possible to cumulate periods of residence in different Member States. In that case, it should be left to the second Member State to decide whether it will grant social assistance, or maintenance assistance for studies, including vocational training, to EU long-term residents other than those who are workers or self-employed persons or their family members, prior to the completion of five years of legal and continuous residence in its territory, bearing in mind that Union citizens who have exercised free movement rights in a capacity other than that of workers or self-employed persons in accordance with Directive 2004/38/EC or Article 21 TFEU, or their family members, may also be refused such benefits prior to the completion of five years of legal and continuous residence. The second Member State may decide to grant such assistance to EU long-term residents prior to the completion of five years of legal and continuous residence, provided that it ensures the same treatment to Union citizens exercising free movement rights in accordance with Directive 2004/38/EC or Article 21 TFEU, other than workers, self-employed persons or persons who retain such status, their family members, as well as third-country nationals enjoying the right of free movement equivalent to that of Union citizens under an agreement between the Union and its Member States, on the one hand, and third countries on the other, and their family members. Furthermore, prior to the completion of five years of legal and continuous residence in that Member State, where an EU long-term resident has ceased an employed or self-employed activity and he/she does not have sufficient resources for himself/herself and his/her family members and comprehensive sickness insurance cover so as not to become an unreasonable burden on the social assistance system of the second Member State, his/her legal stay may be ended on that ground, bearing in mind that Union citizens who have exercised free movement rights and their family members may be expelled in such a situation. | (41) EU long-term residents should be granted the possibility of acquiring EU long-term resident status in the Member State where they have moved and have decided to settle under the same conditions as those required for its acquisition in the first Member State. It should be left to the second Member State to decide whether it will grant social assistance, or maintenance assistance for studies, including vocational training, to EU long-term residents other than those who are workers or self-employed persons or their family members, prior to the completion of five years of legal and continuous residence in its territory, bearing in mind that Union citizens who have exercised free movement rights in a capacity other than that of workers or self-employed persons in accordance with Directive 2004/38/EC or Article 21 TFEU, or their family members, may also be refused such benefits prior to the completion of five years of legal and continuous residence. The second Member State may decide to grant such assistance to EU long-term residents prior to the completion of five years of legal and continuous residence, provided that it ensures the same treatment to Union citizens exercising free movement rights in accordance with Directive 2004/38/EC or Article 21 TFEU, other than workers, self-employed persons or persons who retain such status, their family members, as well as third-country nationals enjoying the right of free movement equivalent to that of Union citizens under an agreement between the Union and its Member States, on the one hand, and third countries on the other, and their family members. Notwithstanding the above, Member States should, in accordance with national law or practice, provide social assistance to a EU long-term resident in the case of injury, accident or disease that is due to work and which results in the EU long-term resident’s incapacity to work. Furthermore, prior to the completion of five years of legal and continuous residence in that Member State, where an EU long-term resident has ceased an employed or self-employed activity and he/she does not have sufficient resources for himself/herself and his/her family members and comprehensive sickness insurance cover within six months, his or her legal stay may be ended on that ground so as not to become an unreasonable burden on the social assistance system of the second Member State, bearing in mind that Union citizens who have exercised free movement rights and their family members may be expelled in such a situation. |
Or. en
Amendment 11
Proposal for a directive
Article 4 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 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 five years immediately prior to the submission of the relevant application. | 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. |
Or. en
Justification
Amendment to ensure coherence of the overall text in view of amendments made to Art 26.
Amendment 12
Proposal for a directive
Article 4 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Member States shall allow third-country nationals to cumulate periods of residence in different Member States in order to fulfil the requirement concerning the duration of residence, provided that they have accumulated two years 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. | 3. Member States shall allow third-country nationals to cumulate periods of 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. |
Or. en
Justification
Amendment to ensure coherence of the overall text in view of amendments made to Art 26.
Amendment 13
Proposal for a directive
Article 5 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Where Member States issue national residence permits in accordance with Article 14, they shall not require EU long-term resident permit applicants to comply with stricter resources and integration conditions than those imposed on applicants for such national residence permits. | 4. Where Member States issue national residence permits in accordance with Article 14, they shall not require EU long-term resident permit applicants to comply with conditions and requirements that are stricter than those imposed on applicants for such national residence permits, such as conditions and requirements related to resources, integration or administrative application procedures. |
Or. en
Amendment 14
Proposal for a directive
Article 12 – paragraph 1 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) recognition of professional diplomas, certificates and other qualifications, in accordance with the relevant national procedures; | (c) recognition of professional and occupational diplomas, certificates and other qualifications, in accordance with the relevant national procedures; |
Or. en
Justification
To be aligned with Recital 20.
Amendment 15
Proposal for a directive
Article 12 – paragraph 1 – point d
| Text proposed by the Commission | Amendment |
|---|---|
| (d) branches of social security referred to in Article 3 of Regulation (EC) No 883/2004 of the European Parliament and of the Council40 , and social assistance and social protection as defined by national law; | (d) access to the branches of social security referred to in Article 3 of Regulation (EC) No 883/2004 of the European Parliament and of the Council40 , and social assistance and social protection as defined by national law; |
| 40 Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ L 166, 30.4.2004, p. 1). | 40 Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ L 166, 30.4.2004, p. 1). |
Or. en
Amendment 16
Proposal for a directive
Article 12 – paragraph 1 – point f
| Text proposed by the Commission | Amendment |
|---|---|
| (f) access to goods and services; | (f) access to goods and services, in particular public services; |
Or. en
Amendment 17
Proposal for a directive
Article 12 – paragraph 1 – point f a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (fa) the supply of goods and services made available to the public, including access to private housing, and to procedures for obtaining public housing; |
Or. en
Amendment 18
Proposal for a directive
Article 12 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. With respect to the provisions of paragraph 1, points (b), (d), (e), (f) and (g), the Member State concerned may restrict equal treatment to cases where the registered or usual place of residence of the EU long-term resident lies within the territory of the Member State concerned. | 2. With respect to the provisions of paragraph 1, points (b), (d), (e), (f) and (g), the Member State concerned may restrict equal treatment to cases where the registered or usual place of residence of the EU long-term resident lies within the territory of the Member State concerned. Member States shall inform EU long-term residents of such restrictions when they acquire the status. |
Or. en
Amendment 19
Proposal for a directive
Article 12 – paragraph 5
| Text proposed by the Commission | Amendment |
|---|---|
| 5. EU long-term residents moving to a third country, or their survivors who reside in a third country and who derive rights from an EU long-term resident, shall receive, in relation to old age, invalidity and death, statutory pensions based on the EU long-term resident's previous employment that were acquired in accordance with the legislation referred to in Article 3 of Regulation (EC) No 883/2004, under the same conditions and at the same rates as nationals of the Member States concerned where such nationals move to a third country. | 5. EU long-term residents moving to a third country, or their survivors who reside in a third country and who derive rights from an EU long-term resident, shall receive, in relation to old age, invalidity and death, statutory pensions based on the EU long-term resident's previous employment that were acquired in accordance with the legislation referred to in Article 3 of Regulation (EC) No 883/2004, under the same conditions and at the same rates as nationals of the Member States concerned where such nationals move to a third country. In cases where no bilateral social security agreement exists between the Member State and the third country in question, any resulting difficulty for EU long-term residents to receive their pension entitlements shall be addressed by the Member State in a timely and effective manner. |
Or. en
Amendment 20
Proposal for a directive
Article 12 – paragraph 7
| Text proposed by the Commission | Amendment |
|---|---|
| 7. Where Member States issue national residence permits in accordance with Article 14, they shall grant EU long-term resident permit holders the same equal treatment rights as those granted to holders of national residence permits, where such equal treatment rights are more favourable than those provided for in this Article. | 7. Where Member States issue national residence permits in accordance with Article 14, which grant equal treatment rights that are more favourable than those provided for in this Article, Member States shall ensure that EU long-term residents are also granted those equal treatment rights. |
Or. en
Amendment 21
Proposal for a directive
Article 15 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The children of an EU long-term resident who are born or adopted in the territory of the Member State that issued him/her the EU long-term residence permit shall acquire EU long-term resident status automatically, without being subject to the conditions set out in Articles 4 and 5. The EU long-term resident shall lodge an application with the competent authorities of the Member State in which he/she resides to obtain the EU long-term resident permit for his/her child. | 1. Dependant children residing with an EU long-term resident the Member State that issued him/her the EU long-term residence permit shall acquire EU long-term resident status automatically in the territory of the Member State that issued the parent the EU long-term residence permit, without being subject to the conditions set out in Articles 4 and 5. The EU long-term resident shall lodge an application with the competent authorities of the Member State in which he/she resides to obtain the EU long-term resident permit for his/her child. |
Or. en
Justification
Aligned with the amended Recital 26.
Amendment 22
Proposal for a directive
Article 15 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. By way of derogation from Article 14(2) of Directive 2003/86/EC, Member States shall not examine the situation of their labour market. | 4. By way of derogation from Article 14(2) of Directive 2003/86/EC, Member States shall not examine the situation of their labour market in relation to the family members concerned. |
Or. en
Amendment 23
Proposal for a directive
Article 17 – paragraph 4 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| The application shall be accompanied by documentary evidence, to be determined by national law, that the persons concerned meet the relevant conditions, as well as by their long-term resident permit and a valid travel document or their certified copies. | The application shall be accompanied by documentary evidence, to be determined by national law, that the persons concerned meet the relevant conditions, as well as by their long-term resident permit and a valid travel or identification document or their certified copies. |
Or. en
Amendment 24
Proposal for a directive
Article 17 – paragraph 4 – subparagraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| With regard to the exercise of an economic activity in a regulated profession as defined in Article 3(1), point (a), of Directive 2005/36/EC, for the purpose of applying for a residence permit in a second Member State, EU long-term residents shall enjoy equal treatment with Union citizens as regards recognition of professional qualifications, in accordance with applicable Union and national law. | With regard to the exercise of an economic activity in a regulated profession as defined in Article 3(1), point (a), of Directive 2005/36/EC, for the purpose of applying for a residence permit in a second Member State, EU long-term residents shall enjoy equal treatment with Union citizens as regards recognition of professional diplomas, certificates and other qualifications, in accordance with applicable Union and national law. |
Or. en
Amendment 25
Proposal for a directive
Article 17 – paragraph 5
| Text proposed by the Commission | Amendment |
|---|---|
| 5. The EU long-term resident shall be allowed to commence work or study in the second Member State not later than 30 days after the date of submission of the complete application. | 5. At the latest 30 days after the submission of the complete application by an EU long-term resident, Member States shall ensure that he or she is entitled to begin employment or study in the second Member State. |
Or. en
Justification
To be aligned with Recital 35.
Amendment 26
Proposal for a directive
Article 24 – paragraph 2 – subparagraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| Member States may provide that the EU long-term residents and their family members who exercise an economic activity in an employed or self-employed capacity communicate to the competent authorities any change of employer or economic activity. Such requirement shall not affect the right of the persons concerned to take up and carry out the new activity. | Member States may provide that the EU long-term residents and their family members who exercise an economic activity in an employed or self-employed capacity communicate to the competent authorities the changes of employer or economic activity which materially affect their financial circumstances. Such requirement shall not affect the right of the persons concerned to take up and carry out the new activity. |
Or. en
Amendment 27
Proposal for a directive
Article 26 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. By way of derogation from Article 4(1) and (3), the second Member State shall grant EU long-term resident status to third-country nationals who, after acquiring the right to reside in accordance with this Chapter, have legally and continuously resided within its territory for three years immediately prior to the submission of the relevant application. | 2. By way of derogation from Article 4(1), the second Member State shall grant EU long-term resident status to third-country nationals who have acquired the right to reside in accordance with this Chapter. |
Or. en
Amendment 28
Proposal for a directive
Article 26 – paragraph 3 – subparagraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| By way of derogation from the first subparagraph, the second Member State shall, in accordance with national law or practice, provide social assistance to a EU long-term resident in the case of injury, accident or disease that is due to work and which results in the EU long-term resident’s incapacity to work. |
Or. en
Amendment 29
Proposal for a directive
Article 26 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. By way of derogation from Article 13(2), and solely prior to the completion of five years of legal and continuous residence in its territory, the second Member State may take a decision to end the legal stay of an EU long-term resident who has ceased an employed or self-employed activity, where he/she does not have sufficient resources for himself/herself and his/her family members and comprehensive sickness insurance cover so as not to become an unreasonable burden on its social assistance system. | 4. By way of derogation from Article 13(2), and solely prior to the completion of five years of legal and continuous residence in its territory, the second Member State may take a decision to end the legal stay of an EU long-term resident who has ceased an employed or self-employed activity, where he/she does not have sufficient resources for himself/herself and his/her family members and comprehensive sickness insurance cover within six months, so as not to become an unreasonable burden on its social assistance system. |
Or. en
Amendment 30
Proposal for a directive
Article 28 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| In the aforementioned report, the Commission shall specifically assess the impacts of the required residence period set out in Article 4(1) on the integration of third-country nationals, including the possible benefits of reducing this period, taking into account, inter alia, the different factors relevant for the integration of third-country nationals across Member States. | In the aforementioned report, the Commission shall specifically assess the impacts of the required residence period set out in Article 4(1) on the integration of third-country nationals, taking into account, inter alia, the different factors relevant for the integration of third-country nationals across Member States. The Commission shall also assess the possibility of establishing a network between the Member States’ labour ministries, for the purpose of sharing information on national labour market forecasts and anticipated shortages in sectors for which cooperation with third countries and the development of talent partnerships should be considered. |
Or. en