Skip to content
EU Parl Watch

amendment list, 8 December 2022

The status of third-country nationals who are long-term residents (recast)

Document LIBE-AM-739731 · (COM(2022)0650 – C9-0162/2022 – 2022/0134(COD))

Committee on Civil Liberties, Justice and Home Affairs

On Parliament’s site PDF Word

Full text

Jump to an amendment (306)
Text 2,146 paragraphs

Amendment 134

Jean-Paul Garraud

Draft legislative resolution

Paragraph 1

Draft legislative resolutionAmendment
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;1. Rejects the Commission’s legislative proposal;

Or. fr

Amendment 135

Jean-Paul Garraud

Proposal for a directive

Recital 3

Text proposed by the CommissionAmendment
(3) The integration of third-country nationals who are EU long-term residents in the Member States is a key element in promoting economic and social cohesion, a fundamental objective of the Union stated in the Treaty.(3) The assimilation of third-country nationals who are EU long-term residents in the Member States is a necessity.

Or. fr

Read the rest (2,134 paragraphs)

Amendment 136

Jean-Paul Garraud

Proposal for a directive

Recital 5

Text proposed by the CommissionAmendment
(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 protection in the Member State of residence. Beneficiaries of international protection should therefore be able to obtain EU long-term resident status in the Member State which granted them international protection, subject to the same conditions as other third-country nationals.(5) Beneficiaries of international protection should not be able to obtain, on a mandatory basis, EU long-term resident status in the Member State which granted them international protection, subject to the same conditions as other third-country nationals.

Or. fr

Amendment 137

Domènec Ruiz Devesa

Proposal for a directive

Recital 5

Text proposed by the CommissionAmendment
(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 protection in the Member State of residence. Beneficiaries of international protection should therefore be able to obtain EU long-term resident status in the Member State which granted them international protection, subject to the same conditions as other third-country nationals.(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 or 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 protection, subject to the same conditions as other third-country nationals.

Or. en

Justification

Necessary for the purposes of coherence

Amendment 138

Lena Düpont, Tomas Tobé, Sara Skyttedal, Jeroen Lenaers

Proposal for a directive

Recital 5

Text proposed by the CommissionAmendment
(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 protection in the Member State of residence. Beneficiaries of international protection should therefore be able to obtain EU long-term resident status in the Member State which granted them international protection, subject to the same conditions as other third-country nationals.(5) The prospect of obtaining EU long-term resident status in a Member State after a certain time is an opportunity for the full integration of beneficiaries of international protection in the Member State of residence. Beneficiaries of international protection should therefore be able to obtain EU long-term resident status in the Member State which granted them international protection, subject to the same conditions as other third-country nationals.

Or. en

Justification

It is not the long-term residence that per se provide full integration, but rather offer an opportunity

Amendment 139

Jean-Paul Garraud

Proposal for a directive

Recital 7

Text proposed by the CommissionAmendment
(7) The main criterion for acquiring the status of EU long-term resident should be the duration of residence in the territory of a Member State. 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.(7) The duration of residence in the territory of a Member State should not be the sole criterion for acquiring the status of EU long-term resident. Residence should at any rate be both legal and continuous in order to show that the person has put down roots in the country.

Or. fr

Amendment 140

Domènec Ruiz Devesa

Proposal for a directive

Recital 7

Text proposed by the CommissionAmendment
(7) The main criterion for acquiring the status of EU long-term resident should be the duration of residence in the territory of a Member State. 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.(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.

Or. en

Justification

Necessary for coherence

Amendment 141

Domènec Ruiz Devesa

Proposal for a directive

Recital 8

Text proposed by the CommissionAmendment
(8) To prevent the risk of abusive acquisition of EU long-term resident status, Member States should ensure that the requirement of legal and continuous residence is duly monitored for all categories of third-country nationals. This risk is particularly relevant for those third-country nationals who hold a residence permit granted on the basis of any kind of investment in a Member State, as the issue of these residence permits is not always subject to the requirement of continuous physical presence in the Member State or is merely subject to the requirement of the investors’ presence in the Member State for a limited time. To prevent this risk, Member States should strengthen checks on the requirement of legal and continuous residence with particular regard to applications for EU long-term resident status submitted by third-country nationals who reside in a Member State 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.(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 are excluded from the scope of this Directive, as the issue of these residence permits is not always subject to the requirement of continuous physical presence in the Member State or is merely subject to the requirement of the investors’ presence in the Member State for a limited time.

Or. en

Justification

Necessary for coherence and for internal logic based on residence requirements

Amendment 142

Jorge Buxadé Villalba

Proposal for a directive

Recital 8

Text proposed by the CommissionAmendment
(8) To prevent the risk of abusive acquisition of EU long-term resident status, Member States should ensure that the requirement of legal and continuous residence is duly monitored for all categories of third-country nationals. This risk is particularly relevant for those third-country nationals who hold a residence permit granted on the basis of any kind of investment in a Member State, as the issue of these residence permits is not always subject to the requirement of continuous physical presence in the Member State or is merely subject to the requirement of the investors’ presence in the Member State for a limited time. To prevent this risk, Member States should strengthen checks on the requirement of legal and continuous residence with particular regard to applications for EU long-term resident status submitted by third-country nationals who reside in a Member State 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.(8) To prevent the risk of abusive acquisition of EU long-term resident status, Member States should ensure that the requirement of legal and continuous residence is duly monitored for all categories of third-country nationals. Moreover, this Directive should not apply to those third-country nationals who hold a residence permit granted on the basis of any kind of investment in a Member State, 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, as the issue of these residence permits is not always subject to the requirement of continuous physical presence in the Member State or is merely subject to the requirement of the investors’ presence in the Member State for a limited time.

Or. en

Amendment 143

Abir Al-Sahlani, Jan-Christoph Oetjen, Sophia in 't Veld, Fabienne Keller

Proposal for a directive

Recital 8

Text proposed by the CommissionAmendment
(8) To prevent the risk of abusive acquisition of EU long-term resident status, Member States should ensure that the requirement of legal and continuous residence is duly monitored for all categories of third-country nationals. This risk is particularly relevant for those third-country nationals who hold a residence permit granted on the basis of any kind of investment in a Member State, as the issue of these residence permits is not always subject to the requirement of continuous physical presence in the Member State or is merely subject to the requirement of the investors’ presence in the Member State for a limited time. To prevent this risk, Member States should strengthen checks on the requirement of legal and continuous residence with particular regard to applications for EU long-term resident status submitted by third-country nationals who reside in a Member State 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.(8) To prevent the risk of abusive acquisition of EU long-term resident status, Member States should ensure that the requirement of legal and continuous residence is duly monitored for all categories of third-country nationals. To this end, this Directive should not apply for those third-country nationals who hold a residence permit granted on the basis of any kind of investment in a Member State, as the issue of these residence permits is not always subject to the requirement of continuous physical presence in the Member State where the holder of such a permit acquired it or is merely subject to the requirement of the investors’ presence in the Member State for a limited time. To prevent this risk, Member States should strengthen checks on the requirement of legal and continuous residence, and should not further examine applications submitted as soon as it has become evident that the applicant of an EU long-term resident status is residing or has previously resided through a residence permit in a Member State 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.

Or. en

Amendment 144

Konstantinos Arvanitis

Proposal for a directive

Recital 8

Text proposed by the CommissionAmendment
(8) To prevent the risk of abusive acquisition of EU long-term resident status, Member States should ensure that the requirement of legal and continuous residence is duly monitored for all categories of third-country nationals. This risk is particularly relevant for those third-country nationals who hold a residence permit granted on the basis of any kind of investment in a Member State, as the issue of these residence permits is not always subject to the requirement of continuous physical presence in the Member State or is merely subject to the requirement of the investors’ presence in the Member State for a limited time. To prevent this risk, Member States should strengthen checks on the requirement of legal and continuous residence with particular regard to applications for EU long-term resident status submitted by third-country nationals who reside in a Member State 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.(8) To prevent the risk of abusive acquisition of EU long-term resident status, Member States should ensure that the requirement of legal and continuous residence is duly monitored for all categories of third-country nationals. This risk is particularly relevant for those third-country nationals who hold a residence permit granted on the basis of any kind of investment in a Member State, as the issue of these residence permits is not always subject to the requirement of continuous physical presence in the Member State or is merely subject to the requirement of the investors’ presence in the Member State for a limited time. To prevent this risk, Member States should strengthen checks on the requirement of legal and continuous residence with regard to applications for EU long-term resident status submitted by third-country nationals who reside in a Member State 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.

Or. en

Amendment 145

Jean-Paul Garraud

Proposal for a directive

Recital 9

Text proposed by the CommissionAmendment
(9) The required period of residence for the acquisition of EU long-term resident status should be completed in the same Member State of application. However, in order to promote the intra-EU mobility of third-country nationals, Member States should allow third-country nationals to cumulate periods of residence in different Member States. With the aim to limit the attractiveness of investor residence schemes and in account of the fact that not all Member States have regulated this category of residence permits, Member States should 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 for the purpose of cumulating periods.(9) The required period of residence for the acquisition of EU long-term resident status should be completed in the same Member State of application. With the aim to limit the attractiveness of investor residence schemes and in account of the fact that not all Member States have regulated this category of residence permits, Member States should 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 for the purpose of cumulating periods.

Or. fr

Amendment 146

Abir Al-Sahlani, Yana Toom, Jan-Christoph Oetjen, Sophia in 't Veld, Fabienne Keller

Proposal for a directive

Recital 9

Text proposed by the CommissionAmendment
(9) The required period of residence for the acquisition of EU long-term resident status should be completed in the same Member State of application. However, in order to promote the intra-EU mobility of third-country nationals, Member States should allow third-country nationals to cumulate periods of residence in different Member States. With the aim to limit the attractiveness of investor residence schemes and in account of the fact that not all Member States have regulated this category of residence permits, Member States should 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 for the purpose of cumulating periods.(9) In order to further promote the attractiveness of the Long-term Resident Status, the required period of residence for the acquisition of EU long-term resident status should be reduced to three years, of which at least one year of residence should be completed in the same Member State of application. However, in order to promote the intra-EU mobility of third-country nationals, Member States should allow third-country nationals to cumulate periods of residence in different Member States. With the aim to limit the attractiveness of investor residence schemes and in account of the fact that not all Member States have regulated this category of residence permits, Member States should not take into account periods of residence as a holder of a residence permit granted on the basis of any kind of investment in any Member State for the purpose of cumulating periods.

Or. en

Amendment 147

Domènec Ruiz Devesa

Proposal for a directive

Recital 9 a (new)

Text proposed by the CommissionAmendment
(9a) It should be possible for Member States 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, such as minors, unaccompanied minors, people with disabilities, elderly people, pregnant women, single parents with minor children, victims of human trafficking, persons with serious illnesses, persons with mental disorders and persons who have been subjected to psychological, physical or sexual violence, among others.

Or. en

Justification

Necessary for coherence and fairness

Amendment 148

Jean-Paul Garraud

Proposal for a directive

Recital 10

Text proposed by the CommissionAmendment
(10) Any period of residence spent by a holder of a long-stay 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, residence as beneficiary of national or temporary protection, 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.(10) Not all periods of residence spent by a holder of a long-stay visa or residence permit issued under Union or national law should be counted for acquiring the EU long-term resident status. 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.

Or. fr

Amendment 149

Domènec Ruiz Devesa

Proposal for a directive

Recital 10

Text proposed by the CommissionAmendment
(10) Any period of residence spent by a holder of a long-stay 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, residence as beneficiary of national or temporary protection, 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.(10) Any period of residence spent by a holder of a long-stay 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. 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

Or. en

Justification

Necessary for internal coherence

Amendment 150

Abir Al-Sahlani, Jan-Christoph Oetjen, Sophia in 't Veld, Fabienne Keller

Proposal for a directive

Recital 10

Text proposed by the CommissionAmendment
(10) Any period of residence spent by a holder of a long-stay 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, residence as beneficiary of national or temporary protection, 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.(10) Any period of residence spent by a holder of a long-stay 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, residence as beneficiary of national or temporary protection, or residence initially based solely on temporary grounds or residence as a seasonal worker under Directive 2014/36/EU. 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.

Or. en

Amendment 151

Jean-Paul Garraud

Proposal for a directive

Recital 11

Text proposed by the CommissionAmendment
(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 would 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.(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.

Or. fr

Amendment 152

Jorge Buxadé Villalba

Proposal for a directive

Recital 11

Text proposed by the CommissionAmendment
(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 would 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.(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, and may also impose a minimum income level, below which all applications for EU long-term resident status would be refused, but shall in any case carry out an actual examination of the situation of each applicant, taking account of all the circumstances of the case in their decision. 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, and that the resources are proven not to originate from illegal activities of any kind, such as the circumvention of domestic or international embargoes, and money or asset laundering.

Or. es

Amendment 153

Abir Al-Sahlani, Jan-Christoph Oetjen, Sophia in 't Veld, Fabienne Keller

Proposal for a directive

Recital 11

Text proposed by the CommissionAmendment
(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.(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. In addition, Member States shall ensure that provisions requiring the applicant to hold adequate resources and sickness insurance to acquire the EU Long-term residence status should be on equal terms with any provisions set out to acquire a national residence permit.

Or. en

Amendment 154

Domènec Ruiz Devesa

Proposal for a directive

Recital 11

Text proposed by the CommissionAmendment
(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.(11) To acquire EU long-term resident status, third-country nationals should prove that they have adequate resources and sickness insurance. 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.

Or. en

Amendment 155

Yana Toom

Proposal for a directive

Recital 11

Text proposed by the CommissionAmendment
(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.(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. 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, in particular the minimum should not be set above the minimum wage or pension. 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.

Or. en

Amendment 156

Domènec Ruiz Devesa

Proposal for a directive

Recital 11 a (new)

Text proposed by the CommissionAmendment
(11a) Member States should be able take into account in the evaluation of the stable and regular resources certain types of social assistance, based on individual circumstances, such as those of people with disabilities, or those unable to work through pregnancy, disability or injury, particularly persons who have suffered work-related injuries, accidents or diseases, as to ensure compliance with the principle of non-discrimination.

Or. en

Justification

Necessary for coherence and fairness

Amendment 157

Konstantinos Arvanitis

Proposal for a directive

Recital 12

Text proposed by the CommissionAmendment
(12) Member States should be able to require applicants for EU long-term resident status to comply with integration conditions, for example by requiring them to pass a civic integration or language examination. 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, illiteracy or level of education.deleted

Or. en

Amendment 158

Yana Toom

Proposal for a directive

Recital 12

Text proposed by the CommissionAmendment
(12) Member States should be able to require applicants for EU long-term resident status to comply with integration conditions, for example by requiring them to pass a civic integration or language examination. 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, illiteracy or level of education.deleted

Or. en

Amendment 159

Domènec Ruiz Devesa

Proposal for a directive

Recital 12

Text proposed by the CommissionAmendment
(12) Member States should be able to require applicants for EU long-term resident status to comply with integration conditions, for example by requiring them to pass a civic integration or language examination. 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, illiteracy or level of education.deleted

Or. en

Justification

Necessary for coherence

Amendment 160

Jean-Paul Garraud

Proposal for a directive

Recital 12

Text proposed by the CommissionAmendment
(12) Member States should be able to require applicants for EU long-term resident status to comply with integration conditions, for example by requiring them to pass a civic integration or language examination. 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, illiteracy or level of education.(12) Member States should be able to require applicants for EU long-term resident status to comply with assimilation conditions, for example by requiring them to pass a civic integration or language examination.

Or. fr

Amendment 161

Abir Al-Sahlani, Jan-Christoph Oetjen, Sophia in 't Veld, Fabienne Keller

Proposal for a directive

Recital 12

Text proposed by the CommissionAmendment
(12) Member States should be able to require applicants for EU long-term resident status to comply with integration conditions, for example by requiring them to pass a civic integration or language examination. 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, illiteracy or level of education.(12) Member States may be able to require applicants for EU long-term resident status to comply with reasonable and proportionate integration conditions, for example by requiring them to pass a civic integration or language examination. However, the means for implementing this requirement should not be liable to hindering or preventing 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, illiteracy or level of education. Furthermore, the Member States shall not require the EU long-term residence permit applicant to comply with conditions for the acquisition of the permit 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 162

Jorge Buxadé Villalba

Proposal for a directive

Recital 12

Text proposed by the CommissionAmendment
(12) Member States should be able to require applicants for EU long-term resident status to comply with integration conditions, for example by requiring them to pass a civic integration or language examination. 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, illiteracy or level of education.(12) Member States should be able to require applicants for EU long-term resident status to comply with integration conditions, for example by requiring them to pass a civic integration or language examination. However, the means for implementing this requirement should not constitute a disproportionate obstacle to 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, illiteracy or level of education.

Or. es

Amendment 163

Jean-Paul Garraud

Proposal for a directive

Recital 12 a (new)

Text proposed by the CommissionAmendment
(12a) Compliance with the common values of the Member States and the ability to assimilate are essential criteria for obtaining EU long-term resident status;

Or. fr

Amendment 164

Yana Toom, Abir Al-Sahlani

Proposal for a directive

Recital 13

Text proposed by the CommissionAmendment
(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.(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 shall be made in accordance with procedures enshrined in national legislation, with the right to appeal by the applicant in national court.

Or. en

Justification

Addition necessary to guarantee legal safeguards as the Directive does not explicitly provides them.

Amendment 165

Domènec Ruiz Devesa

Proposal for a directive

Recital 13

Text proposed by the CommissionAmendment
(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.(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 internal security. The notion of public policy may cover a conviction for committing a serious crime.

Or. en

Justification

Necessary for coherence

Amendment 166

Jean-Paul Garraud

Proposal for a directive

Recital 14

Text proposed by the CommissionAmendment
(14) Economic considerations should not be a ground for refusing to grant EU long-term resident status and should not be considered as interfering with the relevant conditions.deleted

Or. fr

Amendment 167

Jean-Paul Garraud

Proposal for a directive

Recital 15

Text proposed by the CommissionAmendment
(15) A set of rules governing the procedures for the examination of application s for the acquisition of EU long-term resident status should be laid down. Those procedures should be effective and manageable, taking account of the normal workload of the Member States’ administrations, as well as transparent and fair, in order to offer appropriate legal certainty to those concerned. They should not constitute a means of hindering the exercise of the right of residence.(15) Each Member State should retain the power to accept or refuse applications for the acquisition of EU long-term resident status.

Or. fr

Amendment 168

Jean-Paul Garraud

Proposal for a directive

Recital 17

Text proposed by the CommissionAmendment
(17) In order to promote circular migration of EU long-term residents, in particular to allow them to invest in their countries of origin 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.deleted

Or. fr

Amendment 169

Domènec Ruiz Devesa

Proposal for a directive

Recital 17

Text proposed by the CommissionAmendment
(17) In order to promote circular migration of EU long-term residents, in particular to allow them to invest in their countries of origin 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.(17) In order to promote circular migration of EU long-term residents, in particular to allow them to invest in their countries of origin and share the knowledge and skills acquired in the Union, as well as to return temporarily to their countries of origin or other third countries 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.

Or. en

Amendment 170

Jorge Buxadé Villalba

Proposal for a directive

Recital 17

Text proposed by the CommissionAmendment
(17) In order to promote circular migration of EU long-term residents, in particular to allow them to invest in their countries of origin 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.(17) In order to promote circular migration of EU long-term residents, in particular to allow them to invest in their countries of origin 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 12 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.

Or. en

Amendment 171

Yana Toom

Proposal for a directive

Recital 18

Text proposed by the CommissionAmendment
(18) In order to constitute a genuine instrument for the integration of EU long-term residents into the society in which they live, EU long-term residents should enjoy equality of treatment with citizens of the Member State in a wide range of economic and social matters, under the relevant conditions defined by this Directive.(18) In order to constitute a genuine instrument for the integration of EU long-term residents into the society in which they live, EU long-term residents should enjoy equality of treatment with citizens of the Member State in a wide range of economic and social matters, under the relevant conditions defined by this Directive. Where Member States grant equal treatment to EU long-term residents in economic and social matters or other matters, such as electoral participation, all holders of EU long-term resident status should be treated equally. For this purpose, Member States should not restrict the enjoyment of such benefits by certain holders of EU long-term resident status on the basis of their nationality.

Or. en

Justification

Although already mentioned in recital 4, there is a need to clarify the principle of non-discrimination, as enshrined in Art. 21 of the Charter of Fundamental Rights.

Amendment 172

Jean-Paul Garraud

Proposal for a directive

Recital 18

Text proposed by the CommissionAmendment
(18) In order to constitute a genuine instrument for the integration of EU long-term residents into the society in which they live, EU long-term residents should enjoy equality of treatment with citizens of the Member State in a wide range of economic and social matters, under the relevant conditions defined by this Directive.(18) It is up to each Member State to decide whether EU long-term residents should enjoy equality of treatment with citizens of the Member State in a wide range of economic and social matters.

Or. fr

Amendment 173

Abir Al-Sahlani, Yana Toom, Jan-Christoph Oetjen, Sophia in 't Veld, Fabienne Keller

Proposal for a directive

Recital 20

Text proposed by the CommissionAmendment
(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 174

Domènec Ruiz Devesa

Proposal for a directive

Recital 20

Text proposed by the CommissionAmendment
(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 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.
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

Justification

Necessary for coherence

Amendment 175

Lena Düpont, Tomas Tobé, Sara Skyttedal, Jeroen Lenaers

Proposal for a directive

Recital 20

Text proposed by the CommissionAmendment
(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 qualifications acquired by a third-country national in another Member State should be recognised in the same way as those of Union citizens. Professional 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.
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 176

Domènec Ruiz Devesa

Proposal for a directive

Recital 21

Text proposed by the CommissionAmendment
(21) This Directive should take into account the common standards and procedures in Member States for returning illegally staying third-country nationals introduced by Directive 2008/115/EC of the European Parliament and of the Council36 .(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 .
36 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98).36 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98).

Or. en

Justification

Necessary for coherence

Amendment 177

Yana Toom, Abir Al-Sahlani

Proposal for a directive

Recital 22

Text proposed by the CommissionAmendment
(22) EU long-term residents should enjoy reinforced protection against decisions ending their legal stay . Member States should provide for effective legal redress against such decisions .(22) EU long-term residents should enjoy reinforced protection against decisions ending their legal stay . Member States should provide for effective legal redress against such decisions . Member States should not be allowed to revoke the status of such residents and remove them from their territory, unless the resident concerned has been given the possibility to appeal. Under no circumstances are Member States permitted to revoke the residency rights from persons with EU long-term residency status, resulting in the person being removed from the territory unless all possibilities for appeal have been exhausted.

Or. en

Amendment 178

Jean-Paul Garraud

Proposal for a directive

Recital 22

Text proposed by the CommissionAmendment
(22) EU long-term residents should enjoy reinforced protection against decisions ending their legal stay . Member States should provide for effective legal redress against such decisions .(22) EU long-term residents should not enjoy reinforced protection against decisions ending their legal stay.

Or. fr

Amendment 179

Domènec Ruiz Devesa

Proposal for a directive

Recital 22

Text proposed by the CommissionAmendment
(22) EU long-term residents should enjoy reinforced protection against decisions ending their legal stay . Member States should provide for effective legal redress against such decisions .(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 .

Or. en

Justification

Necessary for coherence

Amendment 180

Jean-Paul Garraud

Proposal for a directive

Recital 23

Text proposed by the CommissionAmendment
(23) Decisions ending the legal stay of EU long-term residents should not be founded on economic considerations.(23) Decisions ending the legal stay of EU long-term residents may be founded on economic considerations.

Or. fr

Amendment 181

Jean-Paul Garraud

Proposal for a directive

Recital 24

Text proposed by the CommissionAmendment
(24) Where a Member State intends to end the legal stay , on a ground provided for in this Directive, of a beneficiary of international protection who has acquired EU long-term resident status in that Member State, and refoule him/her, that person should enjoy the protection against refoulement guaranteed under Directive 2011/95/EU and under Article 33 of the Geneva Convention. For that purpose, where the person enjoys international protection in a Member State other than the one in which that person is currently residing as a long-term resident, it is necessary to provide, unless refoulement is permitted under Directive 2011/95/EU, that that person may be required to go only to the Member State which granted international protection and that that Member State is obliged to take back that person. The same safeguards should apply to a beneficiary of international protection who has taken up residence but has not yet obtained EU long-term resident status in a second Member State.deleted

Or. fr

Amendment 182

Domènec Ruiz Devesa

Proposal for a directive

Recital 24

Text proposed by the CommissionAmendment
(24) Where a Member State intends to end the legal stay , on a ground provided for in this Directive, of a beneficiary of international protection who has acquired EU long-term resident status in that Member State, and refoule him/her, that person should enjoy the protection against refoulement guaranteed under Directive 2011/95/EU and under Article 33 of the Geneva Convention. For that purpose, where the person enjoys international protection in a Member State other than the one in which that person is currently residing as a long-term resident, it is necessary to provide, unless refoulement is permitted under Directive 2011/95/EU, that that person may be required to go only to the Member State which granted international protection and that that Member State is obliged to take back that person. The same safeguards should apply to a beneficiary of international protection who has taken up residence but has not yet obtained EU long-term resident status in a second Member State.(24) Where a Member State intends to end the legal stay , on a ground provided for in this Directive, of a beneficiary of international protection who has acquired EU long-term resident status in that Member State, and refoule him/her, that person should enjoy the protection against refoulement guaranteed under Directive 2011/95/EU and under Article 33 of the Geneva Convention. For that purpose, where the person enjoys international protection in a Member State other than the one in which that person is currently residing as a long-term resident, it is necessary to provide, that that person may be required to go only to the Member State which granted international protection and that that Member State is obliged to take back that person. The same safeguards should apply to a beneficiary of international protection who has taken up residence but has not yet obtained EU long-term resident status in a second Member State.

Or. en

Justification

Necessary for coherence

Amendment 183

Domènec Ruiz Devesa

Proposal for a directive

Recital 25

Text proposed by the CommissionAmendment
(25) Where the refoulement of a beneficiary of international protection outside the territory of the Union is permitted under Directive 2011/95/EU Member States should be obliged to ensure that all information is obtained from relevant sources, including, where appropriate, from the Member State that granted international protection, and that it is thoroughly assessed with a view to guaranteeing that the decision to refoule that beneficiary is in accordance with Article 4 and Article 19(2) of the Charter of Fundamental Rights of the European Union.deleted

Or. en

Justification

Necessary for coherence

Amendment 184

Jean-Paul Garraud

Proposal for a directive

Recital 25

Text proposed by the CommissionAmendment
(25) Where the refoulement of a beneficiary of international protection outside the territory of the Union is permitted under Directive 2011/95/EU Member States should be obliged to ensure that all information is obtained from relevant sources, including, where appropriate, from the Member State that granted international protection, and that it is thoroughly assessed with a view to guaranteeing that the decision to refoule that beneficiary is in accordance with Article 4 and Article 19(2) of the Charter of Fundamental Rights of the European Union.(25) The refoulement of a beneficiary of international protection outside the territory of the Union should be facilitated, if necessary by cooperation between Member States.

Or. fr

Amendment 185

Abir Al-Sahlani, Yana Toom, Jan-Christoph Oetjen, Sophia in 't Veld, Fabienne Keller

Proposal for a directive

Recital 26

Text proposed by the CommissionAmendment
(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 186

Jean-Paul Garraud

Proposal for a directive

Recital 26

Text proposed by the CommissionAmendment
(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) EU long-term resident status shall prohibit family reunification, which is a major factor in the rising tide of migration and undermines unity and cohesion in the European Union.

Or. fr

Amendment 187

Konstantinos Arvanitis

Proposal for a directive

Recital 26

Text proposed by the CommissionAmendment
(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 spouses or partners and family members, with particular regard to dependent adult children 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.

Or. en

Amendment 188

Konstantinos Arvanitis

Proposal for a directive

Recital 26

Text proposed by the CommissionAmendment
(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 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.

Or. en

Amendment 189

Domènec Ruiz Devesa

Proposal for a directive

Recital 26

Text proposed by the CommissionAmendment
(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 education, training or work for spouses, legal partners or 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.

Or. en

Amendment 190

Jorge Buxadé Villalba

Proposal for a directive

Recital 27

Text proposed by the CommissionAmendment
(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. es

Amendment 191

Jean-Paul Garraud

Proposal for a directive

Recital 27

Text proposed by the CommissionAmendment
(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. fr

Amendment 192

Abir Al-Sahlani, Yana Toom, Jan-Christoph Oetjen, Sophia in 't Veld, Fabienne Keller

Proposal for a directive

Recital 27

Text proposed by the CommissionAmendment
(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

Deleted as it is merged with recital 26.

Amendment 193

Domènec Ruiz Devesa

Proposal for a directive

Recital 27

Text proposed by the CommissionAmendment
(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.(27) In order to enhance the integration of family members of EU long term residents, the acquisition of the EU long term resident status for children of an EU long term resident, irrespectively of their place of birth, should be automatic without any other specific conditions or requirements

Or. en

Amendment 194

Konstantinos Arvanitis

Proposal for a directive

Recital 27

Text proposed by the CommissionAmendment
(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.(27) As family life should be respected and its protection is an essential element of the integration of EU long-term residents, dependent children of EU long-term residents should acquire the EU long-term resident status in that Member State automatically, in particular without being subject to the requirement of prior residence.

Or. en

Amendment 195

Domènec Ruiz Devesa

Proposal for a directive

Recital 28

Text proposed by the CommissionAmendment
(28) Harmonisation of the terms of acquisition of the EU long-term resident status promotes mutual confidence between Member States. However, this Directive should be without prejudice to the right of Member States to issue residence permits of permanent or unlimited validity other than the EU long-term residence permit. Such national residence permits should not confer the right to reside in other Member States.(28) Harmonisation of the terms of acquisition of the EU long-term resident status promotes mutual confidence between Member States. However, this Directive should be without prejudice to the right of Member States to issue residence permits of permanent or unlimited validity other than the EU long-term residence permit. Such national residence permits should not confer the right to reside in other Member States. However, where a Member Stated decides to grant a national residence permit to a third-country national, the third-country national shall first be offered an EU long-term residence permit in order to facilitate the acquisition of such right.

Or. en

Justification

Necessary for coherence

Amendment 196

Konstantinos Arvanitis

Proposal for a directive

Recital 28

Text proposed by the CommissionAmendment
(28) Harmonisation of the terms of acquisition of the EU long-term resident status promotes mutual confidence between Member States. However, this Directive should be without prejudice to the right of Member States to issue residence permits of permanent or unlimited validity other than the EU long-term residence permit. Such national residence permits should not confer the right to reside in other Member States.(28) Harmonisation of the terms of acquisition of the EU long-term resident status promotes mutual confidence between Member States. However, this Directive should be without prejudice to the right of Member States to issue residence permits of permanent or unlimited validity other than the EU long-term residence permit. Such national residence permits should not confer the right to reside in other Member States. A third-country national may hold both the EU long-term resident status and a national or other EU permanent residence permit

Or. en

Amendment 197

Jean-Paul Garraud

Proposal for a directive

Recital 28

Text proposed by the CommissionAmendment
(28) Harmonisation of the terms of acquisition of the EU long-term resident status promotes mutual confidence between Member States. However, this Directive should be without prejudice to the right of Member States to issue residence permits of permanent or unlimited validity other than the EU long-term residence permit. Such national residence permits should not confer the right to reside in other Member States.(28) This Directive should be without prejudice to the right of Member States to refuse to issue residence permits of permanent or unlimited validity other than the EU long-term residence permit. Such national residence permits, if awarded, should not confer the right to reside in other Member States without their approval.

Or. fr

Amendment 198

Jean-Paul Garraud

Proposal for a directive

Recital 29

Text proposed by the CommissionAmendment
(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 shall remain free to 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. Member States may decide that applicants for an EU long-term residence permit are required to pay higher fees for the processing of their application than applicants for national residence permits.

Or. fr

Amendment 199

Domènec Ruiz Devesa

Proposal for a directive

Recital 29

Text proposed by the CommissionAmendment
(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 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, and should inform applicants of the possibility of requesting the EU-long term residence when applicants lodge a national residence permit application. When informing about the EU long-term residence permit and national residence permits, Members States should provide the same level of information on national websites on legal migration and information campaigns, and training programmes provided to the competent migration authorities. All the information on the procedure to obtain the status on EU long-term residence should be available in languages the third-country national can understand and should be accessible for persons with disabilities.

Or. en

Amendment 200

Jorge Buxadé Villalba

Proposal for a directive

Recital 29

Text proposed by the CommissionAmendment
(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 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.

Or. es

Amendment 201

Yana Toom, Abir Al-Sahlani

Proposal for a directive

Recital 29

Text proposed by the CommissionAmendment
(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 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. Member States should not be permitted to change the conditions for the renewal of the EU long-term residency for those persons who have acquired the status in the past or introduce additional requirements.

Or. en

Amendment 202

Abir Al-Sahlani, Yana Toom, Jan-Christoph Oetjen, Sophia in 't Veld

Proposal for a directive

Recital 29

Text proposed by the CommissionAmendment
(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 indifferent languages, including English, and training programmes provided to the competent migration authorities.

Or. en

Amendment 203

Jean-Paul Garraud

Proposal for a directive

Recital 30

Text proposed by the CommissionAmendment
(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.deleted

Or. fr

Amendment 204

Abir Al-Sahlani, Yana Toom, Jan-Christoph Oetjen, Sophia in 't Veld, Fabienne Keller

Proposal for a directive

Recital 30

Text proposed by the CommissionAmendment
(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 205

Domènec Ruiz Devesa

Proposal for a directive

Recital 30

Text proposed by the CommissionAmendment
(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. 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 , as well as the social and cultural integration of the third-country nationals

Or. en

Justification

Necessary for coherence

Amendment 206

Jean-Paul Garraud

Proposal for a directive

Recital 31

Text proposed by the CommissionAmendment
(31) In view of the right of beneficiaries of international protection to reside in Member States other than the one which granted them international protection, it is necessary to ensure that those other Member States are informed of the protection background of the persons concerned to enable them to comply with their obligations regarding the principle of non-refoulement.(31) Member States other than the one which granted them international protection shall be entitled to engage in refoulement.

Or. fr

Amendment 207

Jean-Paul Garraud

Proposal for a directive

Recital 33

Text proposed by the CommissionAmendment
(33) Provision should be made that the right of residence in another Member State may be exercised in order to work in an employed or self-employed capacity, to study or even to settle without exercising any form of economic activity.deleted

Or. fr

Amendment 208

Abir Al-Sahlani, Yana Toom, Jan-Christoph Oetjen, Sophia in 't Veld, Fabienne Keller

Proposal for a directive

Recital 34

Text proposed by the CommissionAmendment
(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 that second Member State for the exercise of an economic activity in an employed or self-employed capacity.

Or. en

Amendment 209

Jean-Paul Garraud

Proposal for a directive

Recital 34

Text proposed by the CommissionAmendment
(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) In order to restrict the intra-EU mobility of EU long-term residents, a check of the labour market situation should be carried out when examining applications for residence in a second Member State.

Or. fr

Amendment 210

Jean-Paul Garraud

Proposal for a directive

Recital 35

Text proposed by the CommissionAmendment
(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) Each Member State shall remain sovereign in matters of asylum policy, residence or labour law.

Or. fr

Amendment 211

Abir Al-Sahlani, Yana Toom, Jan-Christoph Oetjen, Sophia in 't Veld, Fabienne Keller

Proposal for a directive

Recital 35

Text proposed by the CommissionAmendment
(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 212

Domènec Ruiz Devesa

Proposal for a directive

Recital 35

Text proposed by the CommissionAmendment
(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. EU long-term residents should be entitled to begin employment or study not later than 30 days after submitting the application for residence in the second Member State.

Or. en

Justification

Necessary for coherence

Amendment 213

Jean-Paul Garraud

Proposal for a directive

Recital 36

Text proposed by the CommissionAmendment
(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 qualifications should not be recognised in the same way as those of Union citizens exercising the right to free movement.

Or. fr

Amendment 214

Domènec Ruiz Devesa

Proposal for a directive

Recital 36

Text proposed by the CommissionAmendment
(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 as well as skills and competences 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

Justification

Necessary for coherence

Amendment 215

Abir Al-Sahlani, Yana Toom, Jan-Christoph Oetjen, Sophia in 't Veld, Fabienne Keller

Proposal for a directive

Recital 36

Text proposed by the CommissionAmendment
(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 216

Jean-Paul Garraud

Proposal for a directive

Recital 37

Text proposed by the CommissionAmendment
(37) Family members should also be able to settle in a second Member State with an EU long-term resident in order to preserve family unity and to avoid hindering the exercise of the EU long-term resident’s right of residence. With regard to the family members who may be authorised to accompany or to join the EU long-term residents, Member States should pay special attention to the situation of disabled adult children and of first-degree relatives in the direct ascending line who are dependent on them.deleted

Or. fr

Amendment 217

Domènec Ruiz Devesa

Proposal for a directive

Recital 37

Text proposed by the CommissionAmendment
(37) Family members should also be able to settle in a second Member State with an EU long-term resident in order to preserve family unity and to avoid hindering the exercise of the EU long-term resident's right of residence. With regard to the family members who may be authorised to accompany or to join the EU long-term residents, Member States should pay special attention to the situation of disabled adult children and of first-degree relatives in the direct ascending line who are dependent on them.(37) Family members should also be able to settle in a second Member State with an EU long-term resident in order to preserve family unity and to avoid hindering the exercise of the EU long-term resident's right of residence. With regard to the family members who are authorised to accompany or to join the EU long-term residents, Member States should pay special attention to the situation of disabled or otherwise dependent adult children, spouses or legal partners and of first-degree relatives in the direct ascending line who are dependent on them.

Or. en

Justification

Necessary for coherence

Amendment 218

Konstantinos Arvanitis

Proposal for a directive

Recital 37

Text proposed by the CommissionAmendment
(37) Family members should also be able to settle in a second Member State with an EU long-term resident in order to preserve family unity and to avoid hindering the exercise of the EU long-term resident's right of residence. With regard to the family members who may be authorised to accompany or to join the EU long-term residents, Member States should pay special attention to the situation of disabled adult children and of first-degree relatives in the direct ascending line who are dependent on them.(37) Family members should also be able to settle in a second Member State with an EU long-term resident in order to preserve family unity and to avoid hindering the exercise of the EU long-term resident's right of residence. With regard to the family members who may be authorised to accompany or to join the EU long-term residents, Member States should pay special attention to the situation of disabled or otherwise dependent adult children, spouses or partners and of first-degree relatives in the direct ascending line who are dependent on them.

Or. en

Amendment 219

Domènec Ruiz Devesa

Proposal for a directive

Recital 38

Text proposed by the CommissionAmendment
(38) The Member State in which an EU long-term resident intends to exercise his/her right of residence should be able to check that the person concerned meets the conditions for residing in its territory. It should also be able to check that the person concerned does not constitute a threat to public policy, public security or public health.(38) The Member State in which an EU long-term resident intends to exercise his/her right of residence should be able to check that the person concerned meets the conditions for residing in its territory. It should also be able to check that the person concerned does not constitute a threat to public policy, internal security or public health.

Or. en

Justification

Necessary for coherence

Amendment 220

Jean-Paul Garraud

Proposal for a directive

Recital 39

Text proposed by the CommissionAmendment
(39) To avoid rendering the right of residence nugatory, EU long-term residents should enjoy in the second Member State the same treatment, under the conditions defined by this Directive, they enjoy in the Member State in which they acquired the status. The granting of benefits under social assistance is without prejudice to the possibility for the Member States to withdraw the residence permit if the person concerned no longer fulfils the requirements set by this Directive.(39) The possible granting of benefits under social assistance is without prejudice to the possibility for the Member States to withdraw the residence permit.

Or. fr

Amendment 221

Domènec Ruiz Devesa

Proposal for a directive

Recital 40

Text proposed by the CommissionAmendment
(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.deleted

Or. en

Justification

Necessary for coherence

Amendment 222

Abir Al-Sahlani, Jan-Christoph Oetjen, Sophia in 't Veld, Fabienne Keller

Proposal for a directive

Recital 40

Text proposed by the CommissionAmendment
(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 should when assessing the information submitted.

Or. en

Amendment 223

Domènec Ruiz Devesa

Proposal for a directive

Recital 41

Text proposed by the CommissionAmendment
(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) Third-country nationals should acquire EU long-term resident status in the Member State where they have moved if they have been granted EU long-term resident status in the first Member State and it is valid at the time of application. For the purposes of facilitating integration, third-country nationals and their family should have access to social assistance, or maintenance assistance for studies, including vocational training, after 6 months of legal and continuous residence in its territory. The second Member State may decide to grant such assistance to EU long-term residents and their family members prior to the completion of 6 months 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.

Or. en

Justification

Necessary for coherence

Amendment 224

Abir Al-Sahlani, Jan-Christoph Oetjen, Sophia in 't Veld

Proposal for a directive

Recital 41

Text proposed by the CommissionAmendment
(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 an 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 225

Jean-Paul Garraud

Proposal for a directive

Recital 42

Text proposed by the CommissionAmendment
(42) Since the objectives of this Directive , namely the determination of terms for conferring and withdrawing EU long-term resident status and the rights pertaining thereto and terms for the exercise of rights of residence by EU long-term residents in other Member States, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the action, be better achieved by the Union , the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union . In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary to achieve those objectives.deleted

Or. fr

Amendment 226

Jorge Buxadé Villalba

Proposal for a directive

Article 3 – paragraph 2 – point a a (new)

Text proposed by the CommissionAmendment
(aa) reside in a Member State only by virtue of a residence permit granted on the basis of any kind of investment in a Member State;

Or. en

Justification

Change needed for coherence on other amendments related to persons with that kind of residence permits

Amendment 227

Domènec Ruiz Devesa

Proposal for a directive

Article 3 – paragraph 2 – point b

Text proposed by the CommissionAmendment
(b) are authorised to reside in a Member State on the basis of temporary protection or have applied for authorisation to reside on that basis and are awaiting a decision on their status;(b) have applied for authorisation to reside on the basis of temporary protection and are awaiting a decision on their status;

Or. en

Justification

Necessary for internal coherence

Amendment 228

Domènec Ruiz Devesa

Proposal for a directive

Article 3 – paragraph 2 – point c

Text proposed by the CommissionAmendment
(c) are authorised to reside in a Member State on the basis of a form of protection other than international protection or have applied for authorisation to reside on that basis and are awaiting a decision on their status;(c) have applied for authorisation to reside on the basis of a form of protection other than international protection and are awaiting a decision on their status;

Or. en

Justification

Necessary for internal coherence

Amendment 229

Abir Al-Sahlani, Jan-Christoph Oetjen, Sophia in 't Veld, Fabienne Keller

Proposal for a directive

Article 3 – paragraph 2 – point e

Text proposed by the CommissionAmendment
(e) reside solely on temporary grounds such as au pair or seasonal worker, or as workers posted by a service provider for the purposes of cross-border provision of services, or as cross-border providers of services ;(e) reside as workers posted by a service provider for the purposes of cross-border provision of services, or as cross-border providers of services ;

Or. en

Justification

Change necessary for the article to be consistent with changes made in recital 10

Amendment 230

Domènec Ruiz Devesa

Proposal for a directive

Article 3 – paragraph 2 – point e

Text proposed by the CommissionAmendment
(e) reside solely on temporary grounds such as au pair or seasonal worker, or as workers posted by a service provider for the purposes of cross-border provision of services, or as cross-border providers of services ;(e) reside as workers posted by a service provider for the purposes of cross-border provision of services, or as cross-border providers of services ;

Or. en

Justification

Necessary for internal coherence

Amendment 231

Abir Al-Sahlani, Jan-Christoph Oetjen, Sophia in 't Veld, Fabienne Keller

Proposal for a directive

Article 3 – paragraph 2 – point f a (new)

Text proposed by the CommissionAmendment
(fa) resides in a Member State solely through the acquisition of a residence permit granted through any kind of investment scheme, or who is currently residing under another residence permit other than one granted through investment schemes, but has previously resided in a Member state through a permit granted from any kind of investment schemes;

Or. en

Justification

Change necessary for this article to be consistent with changes made in recital 8, related to not counting residence permit granted through investment schemes towards the accumulation and acquisition of a Long-Term Residence Permit.

Amendment 232

Domènec Ruiz Devesa

Proposal for a directive

Article 3 – paragraph 2 – point f a (new)

Text proposed by the CommissionAmendment
(fa) hold or has held a residence permit granted on the basis of any kind of investment in a Member State.

Or. en

Justification

Necessary for internal coherence

Amendment 233

Lena Düpont, Tomas Tobé, Sara Skyttedal, Jeroen Lenaers

Proposal for a directive

Article 3 – paragraph 2 – point f a (new)

Text proposed by the CommissionAmendment
(fa) have a residence permit granted on the basis of any type of investment in a Member State.

Or. en

Justification

Residence permit through investment schemes, so called "golden visas" undermines the EU and is a threat against rule of law.

Amendment 234

Lena Düpont, Tomas Tobé, Sara Skyttedal, Jeroen Lenaers

Proposal for a directive

Article 3 – paragraph 2 – point f b (new)

Text proposed by the CommissionAmendment
(fb) have a residence permit because of impediments to the enforcement of a return decision, unless the impediments is beyond the applicant's control.

Or. en

Justification

An applicant that, inter alia, obstruct a return decision shall not be entitled status as long term residence if a residence permit is granted due to impediments to the enforcement of the return decision.

Amendment 235

Jean-Paul Garraud

Proposal for a directive

Article 4 – paragraph 1

Text proposed by the CommissionAmendment
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 may 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.

Or. fr

Amendment 236

Abir Al-Sahlani, Yana Toom, Jan-Christoph Oetjen, Sophia in 't Veld

Proposal for a directive

Article 4 – paragraph 1

Text proposed by the CommissionAmendment
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

Change necessary for text in articles to be consistent with changes made in recital 9, where the required period of residence is lowered from 5 to 3 years.

Amendment 237

Domènec Ruiz Devesa

Proposal for a directive

Article 4 – paragraph 1

Text proposed by the CommissionAmendment
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

Necessary for internal coherence

Amendment 238

Konstantinos Arvanitis

Proposal for a directive

Article 4 – paragraph 1

Text proposed by the CommissionAmendment
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 EU territory for three years immediately prior to the submission of the relevant application.

Or. en

Amendment 239

Domènec Ruiz Devesa

Proposal for a directive

Article 4 – paragraph 1 a (new)

Text proposed by the CommissionAmendment
1a. By way of derogation from paragraph 1, Member States may grant EU long-term resident status to vulnerable persons, such as people with disabilities, elderly persons, pregnant women, single parents with minor children, victims of human trafficking, persons with serious illnesses, persons with mental disorders and persons who have been subjected serious forms of psychological, physical or sexual violence, 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

Or. en

Justification

This amendment is necessary to ensure coherence and fairness

Amendment 240

Domènec Ruiz Devesa

Proposal for a directive

Article 4 – paragraph 2

Text proposed by the CommissionAmendment
2. Member States shall establish appropriate control mechanisms to ensure that the requirement of legal and continuous residence is duly monitored, with particular regard to applications submitted by third-country nationals holding and/or having held a residence permit granted on the basis of any kind of investment in a Member State.deleted

Or. en

Justification

Necessary for internal coherence

Amendment 241

Lena Düpont, Tomas Tobé, Sara Skyttedal, Jeroen Lenaers

Proposal for a directive

Article 4 – paragraph 2

Text proposed by the CommissionAmendment
2. Member States shall establish appropriate control mechanisms to ensure that the requirement of legal and continuous residence is duly monitored, with particular regard to applications submitted by third-country nationals holding and/or having held a residence permit granted on the basis of any kind of investment in a Member State.2. Member States shall establish appropriate control mechanisms to ensure that the requirement of legal and continuous residence is duly monitored.

Or. en

Justification

Following amendment on Article 3, paragraph 2, point f a (new)

Amendment 242

Jorge Buxadé Villalba

Proposal for a directive

Article 4 – paragraph 2

Text proposed by the CommissionAmendment
2. Member States shall establish appropriate control mechanisms to ensure that the requirement of legal and continuous residence is duly monitored, with particular regard to applications submitted by third-country nationals holding and/or having held a residence permit granted on the basis of any kind of investment in a Member State.2. Member States shall establish appropriate control mechanisms to ensure that the requirement of legal and continuous residence is duly monitored.

Or. en

Amendment 243

Jean-Paul Garraud

Proposal for a directive

Article 4 – paragraph 3

Text proposed by the CommissionAmendment
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.deleted

Or. fr

Amendment 244

Lena Düpont, Tomas Tobé, Sara Skyttedal, Jeroen Lenaers

Proposal for a directive

Article 4 – paragraph 3

Text proposed by the CommissionAmendment
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 legal residence in different Member States in order to fulfil the requirement concerning the duration of residence, provided that they have accumulated at least three 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. Periods for which an application is being processed shall only be considered by the Member State that assessed the application.

Or. en

Justification

The period for processing applications differs between Member States, as such the period shall not be considered for the cumulation by another Member State. A legal residence during which an application is processed should only be considered by the Member State assessing the application. Two years legal residence in one Member State is relatively short in relation to the criteria of five years legal residence in paragraph 1. The majority of the five-year-period should be spent in the Member State in which the application for long-term residence is submitted.

Amendment 245

Domènec Ruiz Devesa

Proposal for a directive

Article 4 – paragraph 3

Text proposed by the CommissionAmendment
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

Necessary for internal coherence

Amendment 246

Abir Al-Sahlani, Yana Toom, Jan-Christoph Oetjen, Sophia in 't Veld, Fabienne Keller

Proposal for a directive

Article 4 – paragraph 3

Text proposed by the CommissionAmendment
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

Change needed for article to be consistent with changes made in recital 9, where the required years of residence in the member state where the applicant is applying for the long-term residence permit is lowered from 2 years to 1 year.

Amendment 247

Domènec Ruiz Devesa

Proposal for a directive

Article 4 – paragraph 4

Text proposed by the CommissionAmendment
4. Member States shall not grant EU long-term resident status on the basis of international protection in the event of the revocation of, ending of or refusal to renew international protection as laid down in Article 14(3) and Article 19(3) of Directive 2011/95/EU.4. Member States shall not grant EU long-term resident status on the basis of international protection in the event of the revocation of international protection as laid down in Article 14(3) and Article 19(3) of Directive 2011/95/EU.

Or. en

Justification

Necessary for internal coherence

Amendment 248

Lena Düpont, Tomas Tobé, Sara Skyttedal, Jeroen Lenaers

Proposal for a directive

Article 4 – paragraph 5 – subparagraph 1

Text proposed by the CommissionAmendment
Any period of residence spent as a holder of a long-stay visa or residence permit issued under Union or national law, including the cases covered in Article 3(2), points (a), (b), (c) and (e), shall be taken into account for the purposes of calculating the period referred to in paragraph 1, 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.Any period of residence spent as a holder of a long-stay visa or residence permit issued under Union law, including the cases covered in Article 3(2), points (a), (b), (c) and (e), shall be taken into account for the purposes of calculating the period referred to in paragraph 1, 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. Any period of residence as a holder of a long-stay visa or residence permit issued under national law shall only be considered by the Member State that granted the long-stay visa or residence permit according to its national law.

Or. en

Justification

As the right for long-term visa and residence permit differ substantially between Member States, a restriction should be included to protect the overall aim and system of the LTRD.

Amendment 249

Konstantinos Arvanitis

Proposal for a directive

Article 4 – paragraph 5 – subparagraph 1

Text proposed by the CommissionAmendment
Any period of residence spent as a holder of a long-stay visa or residence permit issued under Union or national law, including the cases covered in Article 3(2), points (a), (b), (c) and (e), shall be taken into account for the purposes of calculating the period referred to in paragraph 1, 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.Any period of residence spent as a holder of a residence visa or permit issued under Union or national law, including the cases covered in Article 3(2), points (a), (b), (c) and (e), shall be taken into account for the purposes of calculating the period referred to in paragraph 1, 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.

Or. en

Amendment 250

Matjaž Nemec

Proposal for a directive

Article 4 – paragraph 5 – subparagraph 2

Text proposed by the CommissionAmendment
Regarding persons to whom international protection has been granted, at least half of the period between the date of the lodging of the application for international protection on the basis of which that international protection was granted and the date of the grant of the residence permit referred to in Article 24 of Directive 2011/95/EU, or the whole of that period if it exceeds 18 months, shall be taken into account in the calculation of the period referred to in paragraph 1.Regarding persons to whom international protection has been granted, the period between the date of the lodging of the application for international protection on the basis of which that international protection was granted and the date of the granting of the residence permit referred to in [Article 26 of Regulation (EU) ..../... Qualifications Regulation], shall be taken into account in the calculation of the period referred to in paragraph 1.

Or. en

Justification

Amendment proposed based on the agreed outcome of interinstitutional negotiations on the Qualification Regulation in June 2018 between the Bulgarian Presidency and the European Parliament.

Amendment 251

Domènec Ruiz Devesa

Proposal for a directive

Article 4 – paragraph 5 – subparagraph 2

Text proposed by the CommissionAmendment
Regarding persons to whom international protection has been granted, at least half of the period between the date of the lodging of the application for international protection on the basis of which that international protection was granted and the date of the grant of the residence permit referred to in Article 24 of Directive 2011/95/EU, or the whole of that period if it exceeds 18 months, shall be taken into account in the calculation of the period referred to in paragraph 1.Regarding persons to whom international, temporary or other forms of protection has been granted, the entirety of the period between the date of the lodging of the application for international protection on the basis of which that international protection was granted and the date of the grant of the residence permit referred to in Article 24 of Directive 2011/95/EU, shall be taken into account in the calculation of the period referred to in paragraph 1.

Or. en

Justification

Necessary for internal coherence

Amendment 252

Jean-Paul Garraud

Proposal for a directive

Article 4 – paragraph 6 – subparagraph 1

Text proposed by the CommissionAmendment
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 10 months within the period referred to in paragraph 1.Periods of absence from the territory of the Member State concerned may interrupt the period referred to in paragraph 1.

Or. fr

Amendment 253

Domènec Ruiz Devesa

Proposal for a directive

Article 4 – paragraph 6 – subparagraph 1

Text proposed by the CommissionAmendment
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 10 months within the period referred to in paragraph 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.

Or. en

Justification

Necessary for internal coherence

Amendment 254

Domènec Ruiz Devesa

Proposal for a directive

Article 5 – paragraph 1 – point a

Text proposed by the CommissionAmendment
(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, 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;(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;

Or. en

Justification

Necessary for internal coherence

Amendment 255

Lena Düpont, Tomas Tobé, Sara Skyttedal, Jeroen Lenaers

Proposal for a directive

Article 5 – paragraph 1 – point a

Text proposed by the CommissionAmendment
(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, 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;(a) stable and regular resources, which are sufficient to maintain himself/herself and the members of his/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;

Or. en

Justification

This prevents a third country national from becoming dependent on third parties for their long-term residence, which may subject the third country national to abuse.

Amendment 256

Yana Toom

Proposal for a directive

Article 5 – paragraph 1 – point a

Text proposed by the CommissionAmendment
(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, 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;(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, 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 shall take into account the level of minimum wages and pensions prior to the application for long-term resident status;

Or. en

Justification

Change necessary to be consistent with Recital 11, to ensure that Member States do not introduce threshold which are too high, for example above minimum wage or pension level.

Amendment 257

Domènec Ruiz Devesa

Proposal for a directive

Article 5 – paragraph 1 a (new)

Text proposed by the CommissionAmendment
1a. By way of derogation from paragraph 1, Member States may consider access to certain types of social assistance in the evaluation of the stable and regular resources, based on individual circumstances, to ensure compliance with the principle non-discrimination;

Or. en

Justification

Necessary to ensure coherence and fairness

Amendment 258

Domènec Ruiz Devesa

Proposal for a directive

Article 5 – paragraph 1 b (new)

Text proposed by the CommissionAmendment
1b. Paragraph 1 shall not apply to a third-country national who has resided legally and continually for a period of ten years prior to lodging his or her applicant for EU long-term resident status.

Or. en

Justification

Necessary for the purpose of coherence

Amendment 259

Jorge Buxadé Villalba

Proposal for a directive

Article 5 – paragraph 2

Text proposed by the CommissionAmendment
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 and may take into account the level of minimum wages and pensions prior to the application for long-term resident status. 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 would be refused, irrespective of an actual examination of the situation of each applicant.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 and may take into account the level of minimum wages and pensions prior to the application for long-term resident status. Member States shall indicate a certain sum as a reference amount, and may impose a minimum income level, below which all applications for EU long-term resident status would be refused, but shall carry out an actual examination of the situation pertaining to each applicant. In addition, it should be verified whether the stable and regular resources from a third party originate from illegal or irregular activities, such as the circumvention of domestic or international embargoes, money laundering or tax avoidance.

Or. es

Amendment 260

Domènec Ruiz Devesa

Proposal for a directive

Article 5 – paragraph 2

Text proposed by the CommissionAmendment
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 and may take into account the level of minimum wages and pensions prior to the application for long-term resident status. 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 would be refused, irrespective of an actual examination of the situation of each applicant.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 and may take into account the level of minimum wages and pensions prior to the application for long-term resident status. 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 would be refused, irrespective of an actual examination of the situation of each applicant. For the purpose of assessing stable and regular resources, any period of unemployment of less than three months shall not be taken into account.

Or. en

Justification

Necessary for internal coherence

Amendment 261

Jean-Paul Garraud

Proposal for a directive

Article 5 – paragraph 2

Text proposed by the CommissionAmendment
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 and may take into account the level of minimum wages and pensions prior to the application for long-term resident status. 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 would be refused, irrespective of an actual examination of the situation of each applicant.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 and may take into account the level of minimum wages and pensions prior to the application for long-term resident status. Member States may indicate a certain sum as a reference amount, and they may impose a minimum income level, below which all applications for EU long-term resident status would be refused.

Or. fr

Amendment 262

Yana Toom

Proposal for a directive

Article 5 – paragraph 2

Text proposed by the CommissionAmendment
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 and may take into account the level of minimum wages and pensions prior to the application for long-term resident status. 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 would be refused, irrespective of an actual examination of the situation of each applicant.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 and shall take into account the level of minimum wages and pensions prior to the application for long-term resident status. Member States may 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.

Or. en

Amendment 263

Yana Toom

Proposal for a directive

Article 5 – paragraph 3

Text proposed by the CommissionAmendment
3. Member States may require third-country nationals to comply with integration conditions, in accordance with national law.deleted

Or. en

Justification

Deletion necessary to ensure that the EU LTR status is accessible and that integration conditions are not used as an obstacle to prevent persons from enjoying the status. As the status provides for rights to move away from the first Member State, the integration requirement in that first Member State is unnecessary.

Amendment 264

Domènec Ruiz Devesa

Proposal for a directive

Article 5 – paragraph 3

Text proposed by the CommissionAmendment
3. Member States may require third-country nationals to comply with integration conditions, in accordance with national law.deleted

Or. en

Justification

Necessary for internal coherence

Amendment 265

Konstantinos Arvanitis

Proposal for a directive

Article 5 – paragraph 3

Text proposed by the CommissionAmendment
3. Member States may require third-country nationals to comply with integration conditions, in accordance with national law.deleted

Or. en

Justification

Gender issue, disproportionally affects illiterate women.

Amendment 266

Abir Al-Sahlani, Jan-Christoph Oetjen, Sophia in 't Veld, Fabienne Keller

Proposal for a directive

Article 5 – paragraph 4

Text proposed by the CommissionAmendment
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. Integration conditions shall not be set out with the purpose of hindering or preventing the objective of promoting the integration of third-country nationals.

Or. en

Amendment 267

Domènec Ruiz Devesa

Proposal for a directive

Article 5 – paragraph 4

Text proposed by the CommissionAmendment
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, and where the conditions laid down in national law for the issuance of such a permit are met, the third-country national who applied for the national residence permit shall be considered to have also met all the conditions to acquire the EU long-term resident permit

Or. en

Justification

necessary for internal coherence

Amendment 268

Jean-Paul Garraud

Proposal for a directive

Article 5 – paragraph 4

Text proposed by the CommissionAmendment
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 may 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.

Or. fr

Amendment 269

Lena Düpont, Tomas Tobé, Sara Skyttedal, Jeroen Lenaers

Proposal for a directive

Article 5 – paragraph 4

Text proposed by the CommissionAmendment
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 require the applicants to comply with the same resources and integration conditions as those imposed on applicants for EU long-term resident permit

Or. en

Justification

Neither stricter nor more generous rules should apply on national permits

Amendment 270

Konstantinos Arvanitis

Proposal for a directive

Article 5 – paragraph 4

Text proposed by the CommissionAmendment
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 stricter resources than those imposed on applicants for such national residence permits.

Or. en

Amendment 271

Lena Düpont, Tomas Tobé, Sara Skyttedal, Jeroen Lenaers

Proposal for a directive

Article 6 – title

Text proposed by the CommissionAmendment
6 Public policy and public security6 Public policy and internal security

Or. en

Justification

Coherence with provisions in other relevant EU legislation

Amendment 272

Lena Düpont, Tomas Tobé, Sara Skyttedal, Jeroen Lenaers

Proposal for a directive

Article 6 – paragraph 1 – subparagraph 1

Text proposed by the CommissionAmendment
Member States may refuse to grant EU long-term resident status on grounds of public policy or public security.Member States may refuse to grant EU long-term resident status where the person concerned constitutes a threat to public policy or internal security.

Or. en

Justification

Coherence with provisions in other relevant EU legislation (Schengen Borders Code) and alignment with wording of Article 19

Amendment 273

Domènec Ruiz Devesa

Proposal for a directive

Article 6 – paragraph 1 – subparagraph 1

Text proposed by the CommissionAmendment
Member States may refuse to grant EU long-term resident status on grounds of public policy or public security.Member States may refuse to grant EU long-term resident status on grounds of public policy or internal security.

Or. en

Justification

Necessary for coherence

Amendment 274

Jean-Paul Garraud

Proposal for a directive

Article 6 – paragraph 1 – subparagraph 2

Text proposed by the CommissionAmendment
When taking the relevant decision, the Member State shall consider the severity or type of offence against public policy or public security, or the danger that emanates from the person concerned, while also having proper regard to the duration of residence and to the existence of links with the country of residence.deleted

Or. fr

Amendment 275

Domènec Ruiz Devesa

Proposal for a directive

Article 6 – paragraph 1 – subparagraph 2

Text proposed by the CommissionAmendment
When taking the relevant decision, the Member State shall consider the severity or type of offence against public policy or public security, or the danger that emanates from the person concerned, while also having proper regard to the duration of residence and to the existence of links with the country of residence.Any decision to refuse to grant EU long-term residence status shall take account of the specific circumstances of the case and shall respect the principle of proportionality. Therefore, when taking the relevant decision, the Member State shall consider the severity or type of offence against public policy or public security, or the danger that emanates from the person concerned, while also having proper regard to the duration of residence and to the existence of links with the country of residence.

Or. en

Justification

Necessary for the purposes of coherence

Amendment 276

Lena Düpont, Tomas Tobé, Sara Skyttedal, Jeroen Lenaers

Proposal for a directive

Article 6 – paragraph 1 – subparagraph 2

Text proposed by the CommissionAmendment
When taking the relevant decision, the Member State shall consider the severity or type of offence against public policy or public security, or the danger that emanates from the person concerned, while also having proper regard to the duration of residence and to the existence of links with the country of residence.Member States shall refuse to grant the long-term resident status in cases where the applicant or his/her family members constitutes a threat to public policy or internal security, in consideration of the seriousness of the offences committed or the danger that emanates from the persons concerned.

Or. en

Justification

Alignment with provision of Article 9.

Amendment 277

Yana Toom, Abir Al-Sahlani

Proposal for a directive

Article 6 – paragraph 1 a (new)

Text proposed by the CommissionAmendment
1a. The decision made on the basis of paragraph 1 shall be duly substantiated and communicated to the person concerned, specifying the procedure to appeal the decision.

Or. en

Justification

Addition necessary to guarantee legal safeguards and corresponds with Article 13. Currently, Member States are not under any obligation to provide substantiated reasons to the persons which complicates appeal procedures. Particularly, grounds based on public security are not disclosed to the person under state confidentiality.

Amendment 278

Jean-Paul Garraud

Proposal for a directive

Article 6 – paragraph 2

Text proposed by the CommissionAmendment
2. The refusal referred to in paragraph 1 shall not be founded on economic considerations.2. The refusal referred to in paragraph 1 may be founded on economic considerations.

Or. fr

Amendment 279

Domènec Ruiz Devesa

Proposal for a directive

Article 7 – paragraph 1

Text proposed by the CommissionAmendment
1. To acquire EU long-term resident status, the third-country national concerned shall lodge 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 document or its certified copy.1. To acquire EU long-term resident status, the third-country national concerned shall lodge 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

Or. en

Justification

Necessary for coherence

Amendment 280

Lena Düpont, Tomas Tobé, Sara Skyttedal, Jeroen Lenaers

Proposal for a directive

Article 7 – paragraph 1

Text proposed by the CommissionAmendment
1. To acquire EU long-term resident status, the third-country national concerned shall lodge 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 document or its certified copy.1. To acquire EU long-term resident status, the third-country national concerned shall lodge 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 be in possession of a valid travel document that confirm his/her identity. .

Or. en

Justification

Of importance for the rule of law that third country nationals can confirm their identity, especially as the status of long-term residence provide a number of rights

Amendment 281

Abir Al-Sahlani, Jan-Christoph Oetjen, Sophia in 't Veld, Fabienne Keller

Proposal for a directive

Article 7 – paragraph 2 – subparagraph 1

Text proposed by the CommissionAmendment
The competent national authorities shall give the applicant written notification of the decision as soon as possible and in any event no later than six months 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.The competent national authorities shall give the applicant written notification of the decision as soon as possible and in any event no later than three months 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.

Or. en

Justification

Change necessary to make the time limit of the decision on the issuance of the status consistent with the time limit introduced in the revised Blue Card Directive.

Amendment 282

Domènec Ruiz Devesa

Proposal for a directive

Article 7 – paragraph 2 – subparagraph 1

Text proposed by the CommissionAmendment
The competent national authorities shall give the applicant written notification of the decision as soon as possible and in any event no later than six months 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.The competent national authorities shall give the applicant written notification of the decision as soon as possible and in any event no later than 90 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.

Or. en

Justification

Necessary for coherence

Amendment 283

Abir Al-Sahlani, Yana Toom, Jan-Christoph Oetjen, Sophia in 't Veld, Fabienne Keller

Proposal for a directive

Article 7 – paragraph 2 – subparagraph 2

Text proposed by the CommissionAmendment
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. 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.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. The 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. In addition, the competent authority should accept documentary evidence to determine by national law that he/she meets the conditions set out in Articles 4 and 5 in any of the official EU languages, and, 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 to study.

Or. en

Amendment 284

Domènec Ruiz Devesa

Proposal for a directive

Article 7 – paragraph 2 – subparagraph 2

Text proposed by the CommissionAmendment
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. 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.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. 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. Where no decision is taken within the time limit provided for in the first subparagraph, any fee required in accordance with Article 9 shall be reimbursed to the applicant. Further consequences shall be determined by national law and shall contribute to the effective implementation of the time limit.

Or. en

Amendment 285

Lena Düpont, Tomas Tobé, Sara Skyttedal, Jeroen Lenaers

Proposal for a directive

Article 7 – paragraph 2 – subparagraph 2

Text proposed by the CommissionAmendment
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. 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.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 deadline of not more than 2 months for presenting or providing them. 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 shall be rejected.

Or. en

Justification

Reasonable deadline is a too broad scope, 2 months is a reasonable time. Failure in meeting the conditions set out in Article 4 and 5 should lead to an automatic rejection.

Amendment 286

Jorge Buxadé Villalba

Proposal for a directive

Article 7 – paragraph 2 – subparagraph 2

Text proposed by the CommissionAmendment
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. 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.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. 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 shall be rejected.

Or. es

Amendment 287

Jorge Buxadé Villalba

Proposal for a directive

Article 7 – paragraph 4

Text proposed by the CommissionAmendment
4. Where an application for an EU long-term resident permit concerns a third-country national who holds a national residence permit issued by the same Member State in accordance with Article 14, 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.4. Where an application for an EU long-term resident permit concerns a third-country national who holds a national residence permit issued by the same Member State in accordance with Article 14, 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 unless there has been a substantial change in the circumstances with regard to those prevailing at the time of the initial verification.

Or. es

Amendment 288

Domènec Ruiz Devesa

Proposal for a directive

Article 7 – paragraph 4

Text proposed by the CommissionAmendment
4. Where an application for an EU long-term resident permit concerns a third-country national who holds a national residence permit issued by the same Member State in accordance with Article 14, 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.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, that Member State shall not require the applicant to present additional evidence for the application of the EU permit provided the compliance with the conditions necessary was already verified in the context of the application for the national residence permit.

Or. en

Amendment 289

Jean-Paul Garraud

Proposal for a directive

Article 7 – paragraph 4

Text proposed by the CommissionAmendment
4. Where an application for an EU long-term resident permit concerns a third-country national who holds a national residence permit issued by the same Member State in accordance with Article 14, 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.4. Where an application for an EU long-term resident permit concerns a third-country national who holds a national residence permit issued by the same Member State in accordance with Article 14, that Member State may require the applicant to give evidence of the conditions provided for in Article 5(1) and (2), even if the compliance with those conditions was already verified in the context of the application for the national residence permit.

Or. fr

Amendment 290

Konstantinos Arvanitis

Proposal for a directive

Article 7 a (new)

Text proposed by the CommissionAmendment
Article 7a
Any decision to reject an application for the long-term residence shall take account of the specific circumstances of the case and shall respect the principle of proportionality.

Or. en

Justification

To increase procedural safeguards.

Amendment 291

Yana Toom, Abir Al-Sahlani

Proposal for a directive

Article 8 – paragraph 1 a (new)

Text proposed by the CommissionAmendment
1a. Member States are prohibited from introducing any conditions for the renewal of the EU long-term residency status to those persons that have acquired the status.

Or. en

Justification

There is no safeguard in the Directive that prevents Member States from introducing new conditions for the renewal of the status, resulting in Member States introducing integration and resource requirements for persons that have already received the status before.

Amendment 292

Jean-Paul Garraud

Proposal for a directive

Article 8 – paragraph 2

Text proposed by the CommissionAmendment
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.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 be renewable on expiry at the Member States’ discretion.

Or. fr

Amendment 293

Jean-Paul Garraud

Proposal for a directive

Article 8 – paragraph 5 – subparagraph 2

Text proposed by the CommissionAmendment
Before the second Member State enters the remark referred to in paragraph 4, it shall request the Member State mentioned in that remark to provide information as to whether the EU long-term resident is still a beneficiary of international protection. The Member State mentioned in the remark shall reply no later than one month after receiving the request for information. Where international protection has been withdrawn by a final decision, the second Member State shall not enter that remark.deleted

Or. fr

Amendment 294

Lena Düpont, Tomas Tobé, Sara Skyttedal, Jeroen Lenaers

Proposal for a directive

Article 8 – paragraph 6 a (new)

Text proposed by the CommissionAmendment
6a. The period referred to in Article 7(2) shall be suspended until the authorities have received the reply pursuant to paragraph 5 and 6 of this Article.

Or. en

Justification

The application is not completed until the other Member State has provided the reply, why the deadline shall be suspended until a reply has been submitted.

Amendment 295

Lena Düpont, Tomas Tobé, Sara Skyttedal, Jeroen Lenaers

Proposal for a directive

Article 9 – paragraph 1 – point a

Text proposed by the CommissionAmendment
(a) detection of fraudulent acquisition of EU long-term resident status;(a) detection of fraudulent acquisition of EU long-term resident status or through bribery;

Or. en

Justification

Clarification that long term residency provided through corruption is ground for repeal of the status.

Amendment 296

Jean-Paul Garraud

Proposal for a directive

Article 9 – paragraph 1 – point b

Text proposed by the CommissionAmendment
(b) adoption of a decision ending the legal stay under the conditions provided for in Article 13;(b) adoption of a decision ending the legal stay under the conditions provided for in the national law of the relevant Member State;

Or. fr

Amendment 297

Lena Düpont, Tomas Tobé, Sara Skyttedal, Jeroen Lenaers

Proposal for a directive

Article 9 – paragraph 1 – point c

Text proposed by the CommissionAmendment
(c) in the event of absence from the territory of the Union for a period of 24 consecutive months.(c) in the event of absence from the territory of the Union for a period of 12 consecutive months or a total of 18 months within a 24-month period.

Or. en

Justification

24 consecutive months is a high threshold. A third country national that is absent for 12 months should not be entitled to keep the status. On top of that, same way that it is possible to accumulate periods for the detention of the permit, it should be possible to count the accumulation of months spent out of the EU in a defined timeframe.

Amendment 298

Jorge Buxadé Villalba

Proposal for a directive

Article 9 – paragraph 1 – point c

Text proposed by the CommissionAmendment
(c) in the event of absence from the territory of the Union for a period of 24 consecutive months.(c) in the event of absence from the territory of the Union for a period of 12 consecutive months.

Or. en

Amendment 299

Jean-Paul Garraud

Proposal for a directive

Article 9 – paragraph 1 – point c

Text proposed by the CommissionAmendment
(c) in the event of absence from the territory of the Union for a period of 24 consecutive months.(c) in the event of absence from the territory of the Union for a period of two consecutive months.

Or. fr

Amendment 300

Lena Düpont, Tomas Tobé, Sara Skyttedal, Jeroen Lenaers

Proposal for a directive

Article 9 – paragraph 1 – point c a (new)

Text proposed by the CommissionAmendment
(ca) in the event of repeated criminal activity in one or more Member States, other than that Member State granting the status of long term residency.

Or. en

Justification

A person committing criminal activity shall not enjoy the rights of a long term resident, as his/her actions undermines the purpose of the Directive

Amendment 301

Jean-Paul Garraud

Proposal for a directive

Article 9 – paragraph 2

Text proposed by the CommissionAmendment
2. By way of derogation from paragraph 1, point (c), Member States may provide that absences for specific or exceptional reasons exceeding 24 consecutive months shall not entail withdrawal or loss of status.deleted

Or. fr

Amendment 302

Lena Düpont, Tomas Tobé, Sara Skyttedal, Jeroen Lenaers

Proposal for a directive

Article 9 – paragraph 2

Text proposed by the CommissionAmendment
2. By way of derogation from paragraph 1, point (c), Member States may provide that absences for specific or exceptional reasons exceeding 24 consecutive months shall not entail withdrawal or loss of status.2. By way of derogation from paragraph 1, point (c), Member States may provide that absences for specific or exceptional reasons exceeding 12 consecutive months or a total of 18 months within a 24-month period, shall not entail withdrawal or loss of status.

Or. en

Justification

Following Amendment on Art. 9 par.1 (c)

Amendment 303

Jorge Buxadé Villalba

Proposal for a directive

Article 9 – paragraph 2

Text proposed by the CommissionAmendment
2. By way of derogation from paragraph 1, point (c), Member States may provide that absences for specific or exceptional reasons exceeding 24 consecutive months shall not entail withdrawal or loss of status.2. By way of derogation from paragraph 1, point (c), Member States may provide that absences for specific or exceptional reasons exceeding 12 consecutive months shall not entail withdrawal or loss of status.

Or. en

Amendment 304

Domènec Ruiz Devesa

Proposal for a directive

Article 9 – paragraph 3

Text proposed by the CommissionAmendment
3. Member States may provide that the EU long-term resident shall no longer be entitled to maintain his/her EU long-term resident status in cases where he/she constitutes a threat to public policy, in consideration of the seriousness of the offences he/she committed, but such threat is not a reason for ending his/her legal stay within the meaning of Article 13.deleted

Or. en

Justification

Necessary for the purposes of coherence

Amendment 305

Jorge Buxadé Villalba

Proposal for a directive

Article 9 – paragraph 3

Text proposed by the CommissionAmendment
3. Member States may provide that the EU long-term resident shall no longer be entitled to maintain his/her EU long-term resident status in cases where he/she constitutes a threat to public policy, in consideration of the seriousness of the offences he/she committed, but such threat is not a reason for ending his/her legal stay within the meaning of Article 13.3. Member States may provide that the EU long-term resident shall no longer be entitled to maintain his/her EU long-term resident status in cases where he/she constitutes a threat to public policy, in consideration of the seriousness of the offences he/she committed.

Or. en

Amendment 306

Lena Düpont, Tomas Tobé, Sara Skyttedal, Jeroen Lenaers

Proposal for a directive

Article 9 – paragraph 3

Text proposed by the CommissionAmendment
3. Member States may provide that the EU long-term resident shall no longer be entitled to maintain his/her EU long-term resident status in cases where he/she constitutes a threat to public policy, in consideration of the seriousness of the offences he/she committed, but such threat is not a reason for ending his/her legal stay within the meaning of Article 13.3. Member States may provide that the EU long-term resident shall no longer be entitled to maintain his/her EU long-term resident status in cases where he/she constitutes a threat to public policy, in consideration of the seriousness of the offences he/she committed.

Or. en

Justification

A person constituting a threat to public policy shall not per se have the right to legal residency

Amendment 307

Jean-Paul Garraud

Proposal for a directive

Article 9 – paragraph 3

Text proposed by the CommissionAmendment
3. Member States may provide that the EU long-term resident shall no longer be entitled to maintain his/her EU long-term resident status in cases where he/she constitutes a threat to public policy, in consideration of the seriousness of the offences he/she committed, but such threat is not a reason for ending his/her legal stay within the meaning of Article 13.3. Member States may provide that the long-term resident shall no longer be entitled to maintain his/her long-term resident status in cases where he/she constitutes a threat to public policy, in consideration of the seriousness of the offences he/she committed.

Or. fr

Amendment 308

Konstantinos Arvanitis

Proposal for a directive

Article 9 – paragraph 4

Text proposed by the CommissionAmendment
4. Member States may withdraw the EU long-term resident status in the event of the revocation of, ending of or refusal to renew international protection as laid down in Articles 14(3) and 19(3) of Directive 2011/95/EU if the long-term resident status was obtained on the basis of international protection.deleted

Or. en

Amendment 309

Domènec Ruiz Devesa

Proposal for a directive

Article 9 – paragraph 4

Text proposed by the CommissionAmendment
4. Member States may withdraw the EU long-term resident status in the event of the revocation of, ending of or refusal to renew international protection as laid down in Articles 14(3) and 19(3) of Directive 2011/95/EU if the long-term resident status was obtained on the basis of international protection.4. Member States may withdraw the EU long-term resident status in the event of the revocation of international protection as laid down in Articles 14(3) and 19(3) of Directive 2011/95/EU if the long-term resident status was obtained on the basis of international protection.

Or. en

Justification

Necessary for coherence

Amendment 310

Lena Düpont, Tomas Tobé, Sara Skyttedal, Jeroen Lenaers

Proposal for a directive

Article 9 – paragraph 5 – subparagraph 2

Text proposed by the CommissionAmendment
In any case after six years of absence from the territory of the Member State that granted EU long-term resident status the person concerned shall no longer be entitled to maintain his/her EU long term resident status in the said Member State.In any case after five years of absence from the territory of the Member State that granted EU long-term resident status the person concerned shall no longer be entitled to maintain his/her EU long term resident status in the said Member State.

Or. en

Justification

Alignment with conditions set out in Article 4 regarding the duration of the residence

Amendment 311

Jean-Paul Garraud

Proposal for a directive

Article 9 – paragraph 5 – subparagraph 2

Text proposed by the CommissionAmendment
In any case after six years of absence from the territory of the Member State that granted EU long-term resident status the person concerned shall no longer be entitled to maintain his/her EU long term resident status in the said Member State.In any case after six months of absence from the territory of the Member State that granted EU long-term resident status the person concerned shall no longer be entitled to maintain his/her EU long term resident status in the said Member State.

Or. fr

Amendment 312

Lena Düpont, Tomas Tobé, Sara Skyttedal, Jeroen Lenaers

Proposal for a directive

Article 9 – paragraph 5 – subparagraph 3

Text proposed by the CommissionAmendment
By way of derogation from the second subparagraph, the Member State concerned may provide that for specific reasons the EU long-term resident shall maintain his/her status in the said Member State in case of absences for a period exceeding six years.By way of derogation from the second subparagraph, the Member State concerned may provide that for specific reasons the EU long-term resident shall maintain his/her status in the said Member State in case of absences for a period exceeding five years.

Or. en

Justification

Alignment with conditions set out in Article 4 regarding the duration of the residence

Amendment 313

Domènec Ruiz Devesa

Proposal for a directive

Article 9 – paragraph 6 – subparagraph 2

Text proposed by the CommissionAmendment
In those cases, Member States may decide not to require the fulfilment of the conditions set out in Article 4(1) and Article 5(1).In those cases, Member States shall not require the fulfilment of the conditions set out in Article 4(1) and Article 5(1).

Or. en

Justification

Necessary for coherence

Amendment 314

Lena Düpont, Tomas Tobé, Sara Skyttedal, Jeroen Lenaers

Proposal for a directive

Article 9 – paragraph 6 – subparagraph 3

Text proposed by the CommissionAmendment
Member States shall not require third-country nationals who apply for the re-acquisition of the EU long-term resident status to comply with integration conditions.deleted

Or. en

Justification

Following a longer absence from the territory, Member States should be allowed to repeat integration requirements

Amendment 315

Domènec Ruiz Devesa

Proposal for a directive

Article 9 – paragraph 6 – subparagraph 3

Text proposed by the CommissionAmendment
Member States shall not require third-country nationals who apply for the re-acquisition of the EU long-term resident status to comply with integration conditions.deleted

Or. en

Justification

Necessary for internal consistency and coherence

Amendment 316

Jean-Paul Garraud

Proposal for a directive

Article 9 – paragraph 6 – subparagraph 3

Text proposed by the CommissionAmendment
Member States shall not require third-country nationals who apply for the re-acquisition of the EU long-term resident status to comply with integration conditions.Member States may require third-country nationals who apply for the re-acquisition of the EU long-term resident status to comply with assimilation conditions.

Or. fr

Amendment 317

Jean-Paul Garraud

Proposal for a directive

Article 9 – paragraph 7

Text proposed by the CommissionAmendment
7. The expiry of an EU long-term residence permit shall in no case entail withdrawal or loss of EU long-term resident status.7. The expiry of an EU long-term residence permit shall automatically cause the withdrawal or loss of EU long-term resident status.

Or. fr

Amendment 318

Jean-Paul Garraud

Proposal for a directive

Article 9 – paragraph 8

Text proposed by the CommissionAmendment
8. Where the withdrawal or loss of EU long-term resident status does not lead to the ending of the legal stay , the Member State shall authorise the person concerned to remain in its territory if he/she fulfils the conditions provided for in its national legislation and/or if he/she does not constitute a threat to public policy or public security.deleted

Or. fr

Amendment 319

Jorge Buxadé Villalba

Proposal for a directive

Article 9 – paragraph 8

Text proposed by the CommissionAmendment
8. Where the withdrawal or loss of EU long-term resident status does not lead to the ending of the legal stay , the Member State shall authorise the person concerned to remain in its territory if he/she fulfils the conditions provided for in its national legislation and/or if he/she does not constitute a threat to public policy or public security.8. Where the withdrawal or loss of EU long-term resident status does not lead to the ending of the legal stay , the Member State shall authorise the person concerned to remain in its territory if he/she fulfils the conditions provided for in its national legislation and if he/she does not constitute a threat to public policy or public security.

Or. en

Justification

For coherence with Article 13

Amendment 320

Jean-Paul Garraud

Proposal for a directive

Article 10 – paragraph 1

Text proposed by the CommissionAmendment
1. Reasons shall be given for any decision rejecting an application for EU long-term resident status or withdrawing that status. Any such decision shall be notified to the third-country national concerned in accordance with the notification procedures under the relevant national legislation. The notification shall specify the possible redress procedures available and the time limit for taking action.1. It shall not be mandatory to give reasons for any decision rejecting an application for EU long-term resident status or withdrawing that status.

Or. fr

Amendment 321

Domènec Ruiz Devesa

Proposal for a directive

Article 10 – paragraph 2

Text proposed by the CommissionAmendment
2. Where an application for EU long-term resident status is rejected or that status is withdrawn or lost or the residence permit is not renewed, the person concerned shall have the right to mount a legal challenge in the Member State concerned.2. Where an application for EU long-term resident status is rejected or that status is withdrawn or lost or the residence permit is not renewed, the person concerned shall have the right an effective legal remedy in the Member State concerned. The notification stating the decision of the Member State concerned shall specify the court or administrative authority with which an appeal may be lodged and the time limit for lodging an appeal.

Or. en

Justification

Necessary for coherence

Amendment 322

Jean-Paul Garraud

Proposal for a directive

Article 10 – paragraph 2

Text proposed by the CommissionAmendment
2. Where an application for EU long-term resident status is rejected or that status is withdrawn or lost or the residence permit is not renewed, the person concerned shall have the right to mount a legal challenge in the Member State concerned.2. Where an application for EU long-term resident status is rejected or that status is withdrawn or lost or the residence permit is not renewed, the person concerned shall not have the right to mount a legal challenge in the Member State concerned.

Or. fr

Amendment 323

Domènec Ruiz Devesa

Proposal for a directive

Article 11 – paragraph 1

Text proposed by the CommissionAmendment
Member States may require the payment of fees for the handling of applications in accordance with this Directive. The level of fees imposed by a Member State for the processing of applications shall not be disproportionate or excessive.Member States may require the payment of fees for the handling of applications in accordance with this Directive. The level of fees imposed by a Member State for the processing of applications shall not be disproportionate, excessive or dissuasive.

Or. en

Justification

Necessary for coherence

Amendment 324

Domènec Ruiz Devesa

Proposal for a directive

Article 11 – paragraph 2

Text proposed by the CommissionAmendment
Where Member States issue national residence permits in accordance with Article 14, they shall not require EU long-term resident applicants to pay higher fees than those imposed on applicants for national residence permits.Where Member States issue national residence permits in accordance with Article 14, they shall not require EU long-term resident applicants to pay higher fees than those imposed on applicants for national residence permits. In the case where the applicant requests both, a national residence permit and a EU long-term resident permit, the fee applied for the processing of one permit, shall cover both applications;

Or. en

Amendment 325

Lena Düpont, Tomas Tobé, Sara Skyttedal, Jeroen Lenaers

Proposal for a directive

Article 11 – paragraph 2

Text proposed by the CommissionAmendment
Where Member States issue national residence permits in accordance with Article 14, they shall not require EU long-term resident applicants to pay higher fees than those imposed on applicants for national residence permits.Where Member States issue national residence permits in accordance with Article 14, they shall require EU long-term resident applicants to pay the same fees than those imposed on applicants for national residence permits.

Or. en

Justification

Neither stricter nor more generous rules should apply on national permits

Amendment 326

Jean-Paul Garraud

Proposal for a directive

Article 12 – paragraph 1 – introductory part

Text proposed by the CommissionAmendment
1. EU long-term residents shall enjoy equal treatment with nationals as regards:1. EU long-term residents may possibly enjoy equal treatment with nationals as regards:

Or. fr

Amendment 327

Konstantinos Arvanitis

Proposal for a directive

Article 12 – paragraph 1 – point a

Text proposed by the CommissionAmendment
(a) access to employment and self-employed activity, provided such activities do not entail even occasional involvement in the exercise of public authority, and conditions of employment and working conditions, including conditions regarding dismissal and remuneration;(a) access to employment and self-employed activity, provided such activities do not entail even occasional involvement in the exercise of public authority excluding public services, and conditions of employment and working conditions, including conditions regarding dismissal and remuneration;

Or. en

Justification

Only posts involving direct or indirect participation in the exercise of public authority and duties designed to safeguard the general interest of the state may be restricted. These criteria must be assessed on a case-by-case basis, taking into account the tasks and responsibilities covered by the post.

Amendment 328

Domènec Ruiz Devesa

Proposal for a directive

Article 12 – paragraph 1 – point a

Text proposed by the CommissionAmendment
(a) access to employment and self-employed activity, provided such activities do not entail even occasional involvement in the exercise of public authority, and conditions of employment and working conditions, including conditions regarding dismissal and remuneration;(a) access to employment and self-employed activity, and terms of employment, including the minimum working age, and working conditions, including conditions regarding dismissal and remuneration, working hours, leave and holidays, as well as health and safety requirements at the workplace;

Or. en

Justification

Necessary for coherence

Amendment 329

Domènec Ruiz Devesa

Proposal for a directive

Article 12 – paragraph 1 – point b

Text proposed by the CommissionAmendment
(b) education and vocational training, including study grants in accordance with national law;(b) education and training, including study grants in accordance with national law;

Or. en

Justification

Necessary for coherence

Amendment 330

Domènec Ruiz Devesa

Proposal for a directive

Article 12 – paragraph 1 – point c

Text proposed by the CommissionAmendment
(c) recognition of professional diplomas, certificates and other qualifications, in accordance with the relevant national procedures;(c) recognition of professional qualifications, including, certificates and other qualifications, in accordance with the relevant national procedures. Where professional qualifications acquired in a third country have already been recognised in another Member, those qualifications should be recognised in accordance with Directive 2005/36/EC;

Or. en

Justification

Necessary for coherence

Amendment 331

Konstantinos Arvanitis

Proposal for a directive

Article 12 – paragraph 1 – point c

Text proposed by the CommissionAmendment
(c) recognition of professional diplomas, certificates and other qualifications, in accordance with the relevant national procedures;(c) Member States shall recognise professional qualifications acquired in another Member State in the same way as those of citizens of the Union and should take into account qualifications acquired in a third country in accordance with Directive 2005/36/EC where the latter qualification were already recognised in another Member State.

Or. en

Justification

To promote the intra-EU mobility and ensure equal treatment.

Amendment 332

Jean-Paul Garraud

Proposal for a directive

Article 12 – paragraph 1 – point d

Text proposed by the CommissionAmendment
(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;deleted
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. fr

Amendment 333

Domènec Ruiz Devesa

Proposal for a directive

Article 12 – paragraph 1 – point f

Text proposed by the CommissionAmendment
(f) access to goods and services and the supply of goods and services made available to the public , including access to private housing, and to procedures for obtaining public housing;(f) access to goods and services and the supply of goods and services made available to the public , including access to private housing, and to procedures for obtaining public housing, as well as information and counselling services provided by employment offices;

Or. en

Justification

Necessary for coherence

Amendment 334

Jorge Buxadé Villalba

Proposal for a directive

Article 12 – paragraph 1 – point f

Text proposed by the CommissionAmendment
(f) access to goods and services and the supply of goods and services made available to the public , including access to private housing, and to procedures for obtaining public housing;(f) access to goods and services and the supply of goods and services made available to the public , including access to private housing;

Or. en

Amendment 335

Domènec Ruiz Devesa

Proposal for a directive

Article 12 – paragraph 1 – point g

Text proposed by the CommissionAmendment
(g) freedom of association and affiliation and membership of an organisation representing workers or employers or of any organisation whose members are engaged in a specific occupation, including the benefits conferred by such organisations, without prejudice to the national provisions on public policy and public security;(g) freedom of association and affiliation and membership of an organisation representing workers or employers or of any organisation whose members are engaged in a specific occupation, including the rights and benefits conferred by such organisations, without prejudice to the national provisions on public policy and public security;

Or. en

Justification

Necessary for coherence

Amendment 336

Jorge Buxadé Villalba

Proposal for a directive

Article 12 – paragraph 2

Text proposed by the CommissionAmendment
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, or that of family members for whom he/she claims benefits, lies within the territory of the Member State concerned.

Or. en

Justification

Reinstate the deletion

Amendment 337

Konstantinos Arvanitis

Proposal for a directive

Article 12 – paragraph 3 – point b

Text proposed by the CommissionAmendment
(b) Member States may require proof of appropriate language proficiency for access to education and training. Access to university may be subject to the fulfilment of specific educational prerequisites.(b) Member States may require proof of appropriate language proficiency for access to education and training. Access to university may be subject to the fulfilment of specific educational prerequisites.
Access to early childhood education and care shall be without any restrictions and/or prerequisites.

Or. en

Justification

Clarification of the right to education for all children.

Amendment 338

Domènec Ruiz Devesa

Proposal for a directive

Article 12 – paragraph 3 – point b

Text proposed by the CommissionAmendment
(b) Member States may require proof of appropriate language proficiency for access to education and training. Access to university may be subject to the fulfilment of specific educational prerequisites.(b) Member States may require proof of appropriate language proficiency for access to tertiary education and training. Access to university may be subject to the fulfilment of specific educational prerequisites.

Or. en

Justification

Necessary for coherence

Amendment 339

Jorge Buxadé Villalba

Proposal for a directive

Article 12 – paragraph 3 a (new)

Text proposed by the CommissionAmendment
3a. Member States may limit equal treatment in respect of social assistance and social protection to core benefits.

Or. es

Justification

Reinstate deletion

Amendment 340

Domènec Ruiz Devesa

Proposal for a directive

Article 12 – paragraph 4

Text proposed by the CommissionAmendment
4. As far as the Member State which granted international protection is concerned, paragraphs 3 and 4 shall be without prejudice to Directive 2011/95/EU.4. As far as the Member State which granted international protection is concerned, paragraph 3 shall be without prejudice to Directive 2011/95/EU.

Or. en

Amendment 341

Abir Al-Sahlani, Yana Toom, Jan-Christoph Oetjen, Sophia in 't Veld, Fabienne Keller

Proposal for a directive

Article 12 – paragraph 7

Text proposed by the CommissionAmendment
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 342

Yana Toom

Proposal for a directive

Article 12 – paragraph 7 a (new)

Text proposed by the CommissionAmendment
7a. Where Member States grant equal treatment pursuant to paragraph 1 or 6, Member States shall ensure that all holders of EU Long Term Resident status enjoy such treatment regardless of their sex, race, colour, ethnic or social origin, nationality, genetic characteristics, language, religion or beliefs, political or other opinions, membership of a national minority, fortune, birth, disabilities, age or sexual orientation.

Or. en

Justification

Although already mentioned in recital 4, there is a need to clarify the principle of non-discrimination, as enshrined in Art. 21 of the Charter of Fundamental Rights.

Amendment 343

Lena Düpont, Tomas Tobé, Sara Skyttedal, Jeroen Lenaers

Proposal for a directive

Article 13 – paragraph 1

Text proposed by the CommissionAmendment
1. Member States may take a decision ending the legal stay of an EU long-term resident solely where he/she constitutes an actual and sufficiently serious threat to public policy or public security.1. Member States may take a decision ending the legal stay of an EU long-term resident solely where he/she constitutes an actual and sufficiently serious threat to public policy or internal security or when he/she has committed a crime where prison is within the range of punishment.

Or. en

Justification

The LTRD is undermined by those using the rights to commit crimes, why it should be a ground for ending legal stay.

Amendment 344

Yana Toom, Abir Al-Sahlani

Proposal for a directive

Article 13 – paragraph 1 a (new)

Text proposed by the CommissionAmendment
1a. Where a decision ending the legal stay of an EU long-term resident has been adopted, the national authorities shall duly inform the person concerned in written communication. The judicial redress mechanism as well as the right of the person to reside on the territory until all appeals have been exhausted, as specified in Article 7, shall be included in the written communication.

Or. en

Justification

There is no safeguard in the Directive that ensures that persons are duly informed about the decision of ending legal stay. Without the safeguard it is possible for Member State to take the decision and deport the person from the Member State in a matter of hours, without giving them the possibility to appeal. The addition also corresponds with paragraph 7.

Amendment 345

Jean-Paul Garraud

Proposal for a directive

Article 13 – paragraph 2

Text proposed by the CommissionAmendment
2. The decision referred to in paragraph 1 shall not be based on economic considerations.2. The decision referred to in paragraph 1 may be based on economic considerations.

Or. fr

Amendment 346

Jean-Paul Garraud

Proposal for a directive

Article 13 – paragraph 3 – introductory part

Text proposed by the CommissionAmendment
3. Before taking a decision to end the legal stay of an EU long-term resident, Member States shall have regard to the following factors:3. Before taking a decision to end the legal stay of an EU long-term resident, Member States may possibly take the following factors into account:

Or. fr

Amendment 347

Jean-Paul Garraud

Proposal for a directive

Article 13 – paragraph 3 – introductory part

Text proposed by the CommissionAmendment
3. Before taking a decision to end the legal stay of an EU long-term resident, Member States shall have regard to the following factors:3. Before taking a decision to end the legal stay of an EU long-term resident, Member States may possibly take the following factors into account:

Or. fr

Amendment 348

Lena Düpont, Tomas Tobé, Sara Skyttedal, Jeroen Lenaers

Proposal for a directive

Article 13 – paragraph 3 – point a

Text proposed by the CommissionAmendment
(a) the duration of residence in their territory;(a) the duration of residence in their territory and the periods of absence as provided in paragraphs 1 and 2 of Article 9;

Or. en

Justification

Consequential amendment following amendments on Art. 9 (1) and (2).

Amendment 349

Jean-Paul Garraud

Proposal for a directive

Article 13 – paragraph 3 – point c

Text proposed by the CommissionAmendment
(c) the consequences for the person concerned and family members;deleted

Or. fr

Amendment 350

Domènec Ruiz Devesa

Proposal for a directive

Article 13 – paragraph 3 – point c

Text proposed by the CommissionAmendment
(c) the consequences for the person concerned and family members;(c) the consequences for the person concerned and family members, taking into account, in particular, the best interests of the child;

Or. en

Justification

Necessary for coherence

Amendment 351

Domènec Ruiz Devesa

Proposal for a directive

Article 13 – paragraph 3 – point d

Text proposed by the CommissionAmendment
(d) links with the country of residence or the absence of links with the country of origin.(d) social, cultural and family links with the country of residence or the absence of links with the country of origin.

Or. en

Justification

Necessary for coherence

Amendment 352

Lena Düpont, Tomas Tobé, Sara Skyttedal, Jeroen Lenaers

Proposal for a directive

Article 13 – paragraph 3 – point d a (new)

Text proposed by the CommissionAmendment
(da) where applicable, the seriousness and type of criminal activity or the danger for repetitive criminal activity

Or. en

Justification

The interest of the State to take a stand against criminal activity, especially when the crime violates another person’s freedom and rights should also be considered when determining the potential end of legal residency.

Amendment 353

Konstantinos Arvanitis

Proposal for a directive

Article 13 – paragraph 6

Text proposed by the CommissionAmendment
6. By way of derogation from paragraph 5, the Member State which adopted the decision ending the legal stay shall retain the right to refoule , in accordance with its international obligations, the EU long-term resident to a country other than the Member State which granted international protection where that person fulfils the conditions specified in Article 21(2) of Directive 2011/95/EU.deleted

Or. en

Justification

The principle of non-refoulement as interpreted in international law should prevail.

Amendment 354

Domènec Ruiz Devesa

Proposal for a directive

Article 13 – paragraph 6

Text proposed by the CommissionAmendment
6. By way of derogation from paragraph 5, the Member State which adopted the decision ending the legal stay shall retain the right to refoule , in accordance with its international obligations, the EU long-term resident to a country other than the Member State which granted international protection where that person fulfils the conditions specified in Article 21(2) of Directive 2011/95/EU.deleted

Or. en

Justification

Necessary for coherence

Amendment 355

Yana Toom, Abir Al-Sahlani

Proposal for a directive

Article 13 – paragraph 7

Text proposed by the CommissionAmendment
7. Where a decision ending the legal stay of an EU long-term resident has been adopted, a judicial redress procedure shall be available to the EU long-term resident in the Member State concerned.7. Where a decision ending the legal stay of an EU long-term resident has been adopted, a judicial redress procedure shall be available to the EU long-term resident in the Member State concerned. The legal stay cannot be ended before all appeals have been exhausted before the court of law.

Or. en

Justification

There is no safeguard regarding deportation of persons before all appeals have been exhausted. This is necessary in order to prevent that persons are deprived of their status and deported without giving a proper opportunity to redress.

Amendment 356

Domènec Ruiz Devesa

Proposal for a directive

Article 13 – paragraph 7

Text proposed by the CommissionAmendment
7. Where a decision ending the legal stay of an EU long-term resident has been adopted, a judicial redress procedure shall be available to the EU long-term resident in the Member State concerned.7. Where a decision ending the legal stay of an EU long-term resident has been adopted, that EU long-term resident shall have the right to effective legal remedy in the Member State concerned.

Or. en

Justification

Necessary for coherence

Amendment 357

Jean-Paul Garraud

Proposal for a directive

Article 13 – paragraph 8

Text proposed by the CommissionAmendment
8. Legal aid shall be given to EU long-term residents lacking adequate resources, on the same terms that apply to nationals of the State where they reside.deleted

Or. fr

Amendment 358

Domènec Ruiz Devesa

Proposal for a directive

Article 14 – paragraph 1

Text proposed by the CommissionAmendment
This Directive is without prejudice to the right of Member States to issue residence permits of permanent or unlimited validity other than the EU long-term residence permit issued in accordance with this Directive . Such residence permits shall not confer the right of residence in the other Member States as provided by Chapter III of this Directive.This Directive is without prejudice to the right of Member States to issue residence permits of permanent or unlimited validity other than the EU long-term residence permit issued in accordance with this Directive . Such residence permits shall not confer the right of residence in the other Member States as provided by Chapter III of this Directive.
Where Member States issue national residence permits of permanent or unlimited validity, they shall grant third-country nationals to whom they issue the EU long-term resident status the same rights, procedural safeguards and advantages as those granted to third-country nationals to whom they have issued such national residence permits of permanent or unlimited validity, where such rights, safeguards and advantage are more favourable under the national permit.
Where Member States decides to grant a national residence permit to a third-country national, the third-country national shall first be offered an EU long-term residence permit.
Where a third-country national already holds a national permanent residence permit in accordance with this Article, and applies for an EU long-term residence permit in the same Member State, the Member State in question shall automatically grant an EU long-term resident status to the person concerned.

Or. en

Justification

Necessary for coherence and to improve the shortcomings identified that ground the recast

Amendment 359

Jean-Paul Garraud

Proposal for a directive

Article 15

Text proposed by the CommissionAmendment
Article 15deleted
Family members
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.
2. By way of derogation from Article 4(1), third subparagraph, and from Article 7(2), first subparagraph, of Directive 2003/86/EC, the integration conditions and measures referred to therein may be applied, but only after the persons concerned have been granted family reunification.
3. By way of derogation from Article 5(4), first subparagraph, of Directive 2003/86/EC, where the conditions for family reunification are fulfilled, the decision shall be adopted and notified as soon as possible but not later than 90 days after the date of submission of the application for family reunification. Article 7(2) and Article 10 of this Directive shall apply accordingly.
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.
5. Where Member States issue national residence permits in accordance with Article 14, they shall grant family members of EU long-term residents the same rights as those granted to family members of holders of such national residence permits where such rights are more favourable than those provided for in paragraphs 1 to 4 of this Article.

Or. fr

Amendment 360

Jorge Buxadé Villalba

Proposal for a directive

Article 15 – paragraph 1

Text proposed by the CommissionAmendment
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. 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. In case of adoptions, to automatically obtain the EU long-term resident status, it shall be required that the person has never resided irregularly in any Member State.

Or. en

Amendment 361

Konstantinos Arvanitis

Proposal for a directive

Article 15 – paragraph 1

Text proposed by the CommissionAmendment
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. The dependent children of an EU long-term resident 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.

Or. en

Amendment 362

Domènec Ruiz Devesa

Proposal for a directive

Article 15 – paragraph 1

Text proposed by the CommissionAmendment
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. Dependent children of an EU long-term resident 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.

Or. en

Amendment 363

Abir Al-Sahlani, Jan-Christoph Oetjen, Sophia in 't Veld, Fabienne Keller

Proposal for a directive

Article 15 – paragraph 1

Text proposed by the CommissionAmendment
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. Dependent children residing with an EU long-term resident in of 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

Amendment 364

Domènec Ruiz Devesa

Proposal for a directive

Article 15 – paragraph 1 a (new)

Text proposed by the CommissionAmendment
1a. By way of derogation from Article 15(1) and (3) of Directive2003/86/EC, Member States shall grant autonomous EU long-term residence permit to family members of an EU long-term resident, upon application, after one year of legal and continuous residence in the territory of the Member State concerned.

Or. en

Amendment 365

Konstantinos Arvanitis

Proposal for a directive

Article 15 – paragraph 2

Text proposed by the CommissionAmendment
2. By way of derogation from Article 4(1), third subparagraph, and from Article 7(2), first subparagraph, of Directive 2003/86/EC, the integration conditions and measures referred to therein may be applied, but only after the persons concerned have been granted family reunification.deleted

Or. en

Amendment 366

Domènec Ruiz Devesa

Proposal for a directive

Article 15 – paragraph 2

Text proposed by the CommissionAmendment
2. By way of derogation from Article 4(1), third subparagraph, and from Article 7(2), first subparagraph, of Directive 2003/86/EC, the integration conditions and measures referred to therein may be applied, but only after the persons concerned have been granted family reunification.2. By way of derogation from Article 4(1), third subparagraph, and from Article 7(2), first subparagraph, of Directive 2003/86/EC, the integration conditions and measures referred to therein may not be applied.

Or. en

Amendment 367

Domènec Ruiz Devesa

Proposal for a directive

Article 15 – paragraph 3

Text proposed by the CommissionAmendment
3. By way of derogation from Article 5(4), first subparagraph, of Directive 2003/86/EC, where the conditions for family reunification are fulfilled, the decision shall be adopted and notified as soon as possible but not later than 90 days after the date of submission of the application for family reunification. Article 7(2) and Article 10 of this Directive shall apply accordingly.3. By way of derogation from Article 5(4), first subparagraph, of Directive 2003/86/EC, where the conditions for family reunification are fulfilled, the decision shall be adopted and notified as soon as possible but not later than 30 days after the date of submission of the application for family reunification. Article 7(2) and Article 10 of this Directive shall apply accordingly.

Or. en

Amendment 368

Konstantinos Arvanitis

Proposal for a directive

Article 15 – paragraph 3

Text proposed by the CommissionAmendment
3. By way of derogation from Article 5(4), first subparagraph, of Directive 2003/86/EC, where the conditions for family reunification are fulfilled, the decision shall be adopted and notified as soon as possible but not later than 90 days after the date of submission of the application for family reunification. Article 7(2) and Article 10 of this Directive shall apply accordingly.3. By way of derogation from Article 5(4), first subparagraph, of Directive 2003/86/EC, where the conditions for family reunification are fulfilled, the decision shall be adopted and notified as soon as possible but not later than 30 days after the date of submission of the application for family reunification. Article 7(2) and Article 10 of this Directive shall apply accordingly.

Or. en

Amendment 369

Abir Al-Sahlani, Jan-Christoph Oetjen, Sophia in 't Veld, Fabienne Keller

Proposal for a directive

Article 15 – paragraph 4

Text proposed by the CommissionAmendment
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 370

Domènec Ruiz Devesa

Proposal for a directive

Article 15 – paragraph 4

Text proposed by the CommissionAmendment
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 family members.

Or. en

Amendment 371

Lena Düpont, Tomas Tobé, Sara Skyttedal, Jeroen Lenaers

Proposal for a directive

Article 15 – paragraph 4

Text proposed by the CommissionAmendment
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. In compliance with Article 14(2) of Directive 2003/86/EC, Member States may examine the situation of their labour market when they find it relevant.

Or. en

Amendment 372

Jorge Buxadé Villalba

Proposal for a directive

Article 15 – paragraph 5 a (new)

Text proposed by the CommissionAmendment
5a. If it is established that an adoption was for the sole purpose of the obtaining long-term resident status for the adoptee in breach of the law, the long-term resident’s legal stay shall be terminated and removal procedures shall be initiated, without prejudice to the right to administrative remedies provided for in this Directive.

Or. es

Amendment 373

Domènec Ruiz Devesa

Proposal for a directive

Article 16 – paragraph 2 – point b

Text proposed by the CommissionAmendment
(b) pursuit of studies or vocational training;(b) pursuit of studies or training, including apprenticeships, internships or traineeships;

Or. en

Justification

Necessary for coherence

Amendment 374

Domènec Ruiz Devesa

Proposal for a directive

Article 16 – paragraph 3 – subparagraph 2

Text proposed by the CommissionAmendment
Member States may decide, in accordance with national law, the conditions under which long-term residents who wish to move to a second Member State with a view to exercising an economic activity as seasonal workers may reside in that Member State. Cross-border workers may also be subject to specific provisions of national law.deleted

Or. en

Justification

Necessary for coherence

Amendment 375

Domènec Ruiz Devesa

Proposal for a directive

Article 17 – paragraph 2 – point a

Text proposed by the CommissionAmendment
(a) stable and regular resources , also made available by a third party, which are sufficient to maintain themselves and the members of their families, without recourse to the social assistance of the Member State concerned. For each of the categories referred to in Article 16(2), 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;(a) stable and regular resources , also made available by a third party, which are sufficient to maintain themselves and their dependent family members. For each of the categories referred to in Article 16(2), Member States shall evaluate these resources in accordance with the provisions of Article 5(2)

Or. en

Justification

Necessary for internal coherence

Amendment 376

Lena Düpont, Tomas Tobé, Sara Skyttedal, Jeroen Lenaers

Proposal for a directive

Article 17 – paragraph 2 – point a

Text proposed by the CommissionAmendment
(a) stable and regular resources , also made available by a third party, which are sufficient to maintain themselves and the members of their families, without recourse to the social assistance of the Member State concerned. For each of the categories referred to in Article 16(2), 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;(a) stable and regular resources, which are sufficient to maintain themselves and the members of their families, without recourse to the social assistance of the Member State concerned. For each of the categories referred to in Article 16(2), 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;

Or. en

Justification

Consequential Amendment following AM on Art. 5 par. 1 (a)

Amendment 377

Domènec Ruiz Devesa

Proposal for a directive

Article 17 – paragraph 2 – point b a (new)

Text proposed by the CommissionAmendment
(ba) Member States may consider access to social assistance provided by the Member State in the evaluation of the stable and regular resources, based on individual circumstances, to ensure compliance with non-discrimination;

Or. en

Justification

Necessary for internal coherence

Amendment 378

Domènec Ruiz Devesa

Proposal for a directive

Article 17 – paragraph 3 – subparagraph 1

Text proposed by the CommissionAmendment
Member States may require third-country nationals to comply with integration measures, in accordance with national law.deleted

Or. en

Justification

Necessary for coherence

Amendment 379

Yana Toom

Proposal for a directive

Article 17 – paragraph 3 – subparagraph 1

Text proposed by the CommissionAmendment
Member States may require third-country nationals to comply with integration measures, in accordance with national law.deleted

Or. en

Justification

Deletion necessary to ensure that the EU LTR status is accessible and that integration conditions are not used as an obstacle to prevent persons from enjoying the status. As the status provides for rights to move away from the first Member State, the integration requirement in that first Member State is unnecessary.

Amendment 380

Konstantinos Arvanitis

Proposal for a directive

Article 17 – paragraph 3 – subparagraph 1

Text proposed by the CommissionAmendment
Member States may require third-country nationals to comply with integration measures, in accordance with national law.deleted

Or. en

Justification

Deletion of integration requirements as they negatively affect women more than men.

Amendment 381

Konstantinos Arvanitis

Proposal for a directive

Article 17 – paragraph 3 – subparagraph 2

Text proposed by the CommissionAmendment
This condition shall not apply where the third-country nationals concerned have been required to comply with integration conditions in order to be granted long-term resident status, in accordance with the provisions of Article 5(2).deleted

Or. en

Justification

Deletion to comply with the prior deletion of the integration requirements.

Amendment 382

Domènec Ruiz Devesa

Proposal for a directive

Article 17 – paragraph 3 – subparagraph 2

Text proposed by the CommissionAmendment
This condition shall not apply where the third-country nationals concerned have been required to comply with integration conditions in order to be granted long-term resident status, in accordance with the provisions of Article 5(2).deleted

Or. en

Justification

Necessary for coherence

Amendment 383

Yana Toom

Proposal for a directive

Article 17 – paragraph 3 – subparagraph 2

Text proposed by the CommissionAmendment
This condition shall not apply where the third-country nationals concerned have been required to comply with integration conditions in order to be granted long-term resident status, in accordance with the provisions of Article 5(2).deleted

Or. en

Justification

Deletion necessary to ensure that the EU LTR status is accessible and that integration conditions are not used as an obstacle to prevent persons from enjoying the status. As the status provides for rights to move away from the first Member State, the integration requirement in that first Member State is unnecessary.

Amendment 384

Yana Toom

Proposal for a directive

Article 17 – paragraph 3 – subparagraph 3

Text proposed by the CommissionAmendment
Without prejudice to the second subparagraph, the persons concerned may be required to attend language courses.deleted

Or. en

Justification

Deletion necessary to ensure that the EU LTR status is accessible and that integration conditions are not used as an obstacle to prevent persons from enjoying the status. As the status provides for rights to move away from the first Member State, the integration requirement in that first Member State is unnecessary.

Amendment 385

Abir Al-Sahlani, Yana Toom, Jan-Christoph Oetjen, Sophia in 't Veld, Fabienne Keller

Proposal for a directive

Article 17 – paragraph 3 – subparagraph 3

Text proposed by the CommissionAmendment
Without prejudice to the second subparagraph, the persons concerned may be required to attend language courses.Without prejudice to the second subparagraph, the persons concerned may be required to attend language courses. However, Member States shall not require the EU long-term residence permit applicant to comply with conditions for the acquisition of the permit that are stricter than those imposed on applicants for such national residence permits in the second Member State, such as conditions and requirements related to resources, integration or administrative application procedures.

Or. en

Justification

Change necessary for consistency in this article with the changes introduced in article 5, paragraph 4.

Amendment 386

Domènec Ruiz Devesa

Proposal for a directive

Article 17 – paragraph 3 – subparagraph 3

Text proposed by the CommissionAmendment
Without prejudice to the second subparagraph, the persons concerned may be required to attend language courses.The persons concerned may be required to attend language courses to access to tertiary education, however such a requirement shall not preclude the issuance of the long-term residence permit.

Or. en

Justification

Necessary for coherence

Amendment 387

Konstantinos Arvanitis

Proposal for a directive

Article 17 – paragraph 3 – subparagraph 3

Text proposed by the CommissionAmendment
Without prejudice to the second subparagraph, the persons concerned may be required to attend language courses.Without prejudice to the second subparagraph, the persons concerned shall have access to free language courses.

Or. en

Justification

Deletion to comply with the prior deletion of the integration requirements.

Amendment 388

Domènec Ruiz Devesa

Proposal for a directive

Article 17 – paragraph 4 – subparagraph 1

Text proposed by the CommissionAmendment
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 their EU long-term residence permit and a valid travel document or their certified copies.

Or. en

Justification

Necessary for coherence

Amendment 389

Abir Al-Sahlani, Jan-Christoph Oetjen, Sophia in 't Veld, Fabienne Keller

Proposal for a directive

Article 17 – paragraph 4 – subparagraph 1

Text proposed by the CommissionAmendment
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 390

Domènec Ruiz Devesa

Proposal for a directive

Article 17 – paragraph 4 – subparagraph 2 – point b

Text proposed by the CommissionAmendment
(b) in case of study or vocational training the second Member State may require the persons concerned to provide evidence of enrolment in an accredited establishment in order to pursue studies or vocational training.(b) in case of study or training the second Member State may require the persons concerned to provide evidence of enrolment in an accredited establishment in order to pursue studies or training.

Or. en

Justification

Necessary for coherence

Amendment 391

Domènec Ruiz Devesa

Proposal for a directive

Article 17 – paragraph 4 – subparagraph 3

Text proposed by the CommissionAmendment
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 and occupational diplomas, certificates and other qualifications, in accordance with applicable Union and national law.

Or. en

Amendment 392

Abir Al-Sahlani, Yana Toom, Jan-Christoph Oetjen, Sophia in 't Veld, Fabienne Keller

Proposal for a directive

Article 17 – paragraph 4 – subparagraph 3

Text proposed by the CommissionAmendment
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 393

Abir Al-Sahlani, Yana Toom, Jan-Christoph Oetjen, Sophia in 't Veld, Fabienne Keller

Proposal for a directive

Article 17 – paragraph 5

Text proposed by the CommissionAmendment
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. Furthermore, the authorities of the Second Member state shall not examine the situation of their labour market when assessing the application of a Long-Term Residence permit.

Or. en

Amendment 394

Domènec Ruiz Devesa

Proposal for a directive

Article 17 – paragraph 5

Text proposed by the CommissionAmendment
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. The EU long-term resident shall be allowed to commence work or study in the second Member State no later than 30 days after the date of submission of the complete application.

Or. en

Justification

Necessary for coherence

Amendment 395

Domènec Ruiz Devesa

Proposal for a directive

Article 18 – paragraph 2

Text proposed by the CommissionAmendment
2. When the EU long-term resident exercises his/her right of residence in a second Member State and when the family was already constituted in the first Member State, the members of his/her family, other than those referred to in Article 4(1) of Directive 2003/86/EC, may be authorised to accompany or to join the EU long-term resident.2. When the EU long-term resident exercises his/her right of residence in a second Member State and when the family was already constituted in the first Member State, the members of his/her family present in the first Member State, other than those referred to in Article 4(1) of Directive 2003/86/EC, shall be authorised to accompany or to join the EU long-term resident.

Or. en

Amendment 396

Domènec Ruiz Devesa

Proposal for a directive

Article 18 – paragraph 4 – point c

Text proposed by the CommissionAmendment
(c) evidence that they have stable and regular resources , also made available by a third party, which are sufficient to maintain themselves without recourse to the social assistance of the Member State concerned or that the EU long-term resident has such resources and insurance for them, as well as sickness insurance covering all risks in the second Member State. 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.deleted

Or. en

Amendment 397

Domènec Ruiz Devesa

Proposal for a directive

Article 18 – paragraph 5

Text proposed by the CommissionAmendment
5. Where the family was not already constituted in the first Member State, Directive 2003/86/EC shall apply.5. Where the family was not already constituted in the first Member State, Article 15 shall apply.

Or. en

Justification

Necessary for coherence

Amendment 398

Lena Düpont, Tomas Tobé, Sara Skyttedal, Jeroen Lenaers

Proposal for a directive

Article 19 – title

Text proposed by the CommissionAmendment
19 Public policy and public security19 Public policy and internal security

Or. en

Justification

Align with title in Art. 6

Amendment 399

Domènec Ruiz Devesa

Proposal for a directive

Article 19 – paragraph 1 – subparagraph 1

Text proposed by the CommissionAmendment
Member States may refuse applications for residence from EU long-term residents or their family members where the person concerned constitutes a threat to public policy or public security.Member States may refuse applications for residence from EU long-term residents or their family members where the person concerned constitutes a threat to public policy or internal security.

Or. en

Justification

Necessary for coherence

Amendment 400

Domènec Ruiz Devesa

Proposal for a directive

Article 19 – paragraph 1 – subparagraph 2

Text proposed by the CommissionAmendment
When taking the relevant decision, the Member State shall consider the severity or type of offence against public policy or public security committed by the long-term resident or his/her family member(s), or the danger that emanates from the person concerned.When taking the relevant decision, the Member State shall consider the severity or type of offence against public policy or internal security committed by the long-term resident or his/her family member(s), or the danger that emanates from the person concerned, as well as the existence of links with the country of residence.

Or. en

Justification

Necessary for coherence

Amendment 401

Lena Düpont, Tomas Tobé, Sara Skyttedal, Jeroen Lenaers

Proposal for a directive

Article 19 – paragraph 1 – subparagraph 2

Text proposed by the CommissionAmendment
When taking the relevant decision, the Member State shall consider the severity or type of offence against public policy or public security committed by the long-term resident or his/her family member(s), or the danger that emanates from the person concerned.Member States shall refuse applications for residence where the applicant or his/her family members constitutes a threat to public policy or internal security, in consideration of the seriousness of the offences committed or the danger that emanates from the persons concerned.

Or. en

Justification

Consequential amendment following the internal logic of previous amendments on the admissible parts, i.e. Art. 9.

Amendment 402

Jean-Paul Garraud

Proposal for a directive

Article 19 – paragraph 2

Text proposed by the CommissionAmendment
2. The decision referred to in paragraph 1 shall not be based on economic considerations.deleted

Or. fr

Amendment 403

Domènec Ruiz Devesa

Proposal for a directive

Article 21 – paragraph 1 – subparagraph 1

Text proposed by the CommissionAmendment
The competent national authorities shall take a decision on the application and notify the applicant in writing as soon as possible but not later than 90 days from the date that the application has been lodged.The competent national authorities shall take a decision on the application and notify the applicant in writing as soon as possible but not later than 60 days from the date that the application has been lodged.

Or. en

Justification

necessary for coherence

Amendment 404

Domènec Ruiz Devesa

Proposal for a directive

Article 21 – paragraph 1 – subparagraph 2 a (new)

Text proposed by the CommissionAmendment
Where no decision is taken within the time limit provided for in the first subparagraph, any fee required in accordance with Article 9 shall be reimbursed to the applicant. Further consequences shall be determined by national law and shall contribute to the effective implementation of the time limit.

Or. en

Justification

Necessary for coherence

Amendment 405

Domènec Ruiz Devesa

Proposal for a directive

Article 21 – paragraph 2

Text proposed by the CommissionAmendment
2. If the conditions provided for in Articles 16, 17 and 18 are met, then, subject to the provisions relating to public policy, public security and public health in Articles 19 and 20, the second Member State shall issue the EU long-term resident with a renewable residence permit. This residence permit shall, upon application, if required, be renewable on expiry. The second Member State shall inform the first Member State of its decision.2. If the conditions provided for in Articles 16, 17 and 18 are met, then, subject to the provisions relating to public policy and internal security and public health in Articles 19 and 20, the second Member State shall issue the EU long-term resident with a renewable residence permit. This residence permit shall, upon application, if required, be renewable on expiry. The second Member State shall inform the first Member State of its decision.

Or. en

Justification

Necessary for coherence

Amendment 406

Domènec Ruiz Devesa

Proposal for a directive

Article 21 – paragraph 4

Text proposed by the CommissionAmendment
4. By way of derogation from Article 15(1) of Directive 2003/86/EC, for the purposes of calculation of the duration of residence required for the acquisition of an autonomous residence permit, residence in different Member States shall be cumulated. Member States may require two years of legal and continuous residence in the territory of the Member State where the application for the autonomous residence permit is submitted immediately prior to the submission of the application for the autonomous residence permit.4. By way of derogation from Article 15(1) of Directive 2003/86/EC, for the purposes of calculation of the duration of residence required for the acquisition of an autonomous residence permit, residence in different Member States shall be cumulated. Member States may require one year of legal and continuous residence in the territory of the Member State where the application for the autonomous residence permit is submitted immediately prior to the submission of the application for the autonomous residence permit.

Or. en

Justification

Necessary for coherence

Amendment 407

Domènec Ruiz Devesa

Proposal for a directive

Article 23 – paragraph 2

Text proposed by the CommissionAmendment
2. Where an application for a residence permit is rejected, or the permit is not renewed or is withdrawn, the person concerned shall have the right to mount a legal challenge in the Member State concerned.2. Where an application for a residence permit is rejected, or the permit is not renewed or is withdrawn, the person concerned shall have the right to an effective judicial remedy in the Member State concerned. The written notification stating the decision of the Member State concerned shall specify the court or administrative authority with which the appeal may be lodged and the time limit for lodging an appeal.

Or. en

Justification

Necessary for coherence

Amendment 408

Domènec Ruiz Devesa

Proposal for a directive

Article 24 – paragraph 2 – subparagraph 2

Text proposed by the CommissionAmendment
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.deleted

Or. en

Justification

Necessary for coherence

Amendment 409

Abir Al-Sahlani, Jan-Christoph Oetjen, Sophia in 't Veld, Fabienne Keller

Proposal for a directive

Article 24 – paragraph 2 – subparagraph 2

Text proposed by the CommissionAmendment
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 410

Lena Düpont, Tomas Tobé, Sara Skyttedal, Jeroen Lenaers

Proposal for a directive

Article 24 – paragraph 2 – subparagraph 2

Text proposed by the CommissionAmendment
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.EU long-term residents and their family members who exercise an economic activity in an employed or self-employed capacity shall be obliged to 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.

Or. en

Amendment 411

Domènec Ruiz Devesa

Proposal for a directive

Article 24 – paragraph 2 – subparagraph 3

Text proposed by the CommissionAmendment
Member States may decide in accordance with national law the conditions under which the persons referred to in Article 16(2), points (b) or (c), and their family members may have access to an employed or self-employed activity.deleted

Or. en

Justification

Necessary for coherence

Amendment 412

Konstantinos Arvanitis

Proposal for a directive

Article 24 – paragraph 2 – subparagraph 3

Text proposed by the CommissionAmendment
Member States may decide in accordance with national law the conditions under which the persons referred to in Article 16(2), points (b) or (c), and their family members may have access to an employed or self-employed activity.Member States may decide in accordance with national law the conditions under which the persons referred to in Article 16(2), point c, and their family members may have access to an employed or self-employed activity.

Or. en

Amendment 413

Konstantinos Arvanitis

Proposal for a directive

Article 24 – paragraph 2 a (new)

Text proposed by the CommissionAmendment
2a. Persons referred to in Article 16(2), point b, outside their study time and subject to the rules and conditions applicable to the relevant activity in the Member State concerned, shall been titled to be employed and may be entitled to exercise self-employed economic activity. Each Member State shall determine the maximum number of hours per week or days or months per year allowed for such an activity.

Or. en

Amendment 414

Jorge Buxadé Villalba

Proposal for a directive

Article 25 – paragraph 1 – introductory part

Text proposed by the CommissionAmendment
1. Until the third-country national has obtained EU long-term resident status, the second Member State may decide to refuse to renew or to withdraw the resident permit in the following cases:1. Until the third-country national has obtained EU long-term resident status, the second Member State may decide to refuse to renew or to withdraw the resident permit and to oblige the person concerned and his/her family members, in accordance with the procedures provided for by national law, including removal procedures, to leave its territory in the following cases:

Or. en

Amendment 415

Domènec Ruiz Devesa

Proposal for a directive

Article 25 – paragraph 1 – introductory part

Text proposed by the CommissionAmendment
1. Until the third-country national has obtained EU long-term resident status, the second Member State may decide to refuse to renew or to withdraw the resident permit in the following cases:1. The second Member State may decide to withdraw the resident permit in the following cases:

Or. en

Justification

Necessary for coherence

Amendment 416

Domènec Ruiz Devesa

Proposal for a directive

Article 25 – paragraph 1 – point a

Text proposed by the CommissionAmendment
(a) on grounds of public policy or public security referred to in Article 19;(a) on grounds of public policy or internal security referred to in Article 19;

Or. en

Justification

Necessary for coherence

Amendment 417

Jorge Buxadé Villalba

Proposal for a directive

Article 25 – paragraph 1 – point b a (new)

Text proposed by the CommissionAmendment
(ba) where the third country national is not lawfully residing in the Member State concerned.

Or. en

Amendment 418

Jorge Buxadé Villalba

Proposal for a directive

Article 25 – paragraph 2 a (new)

Text proposed by the CommissionAmendment
2a. Until the third-country national has obtained long-term resident status and without prejudice to the obligation to take back referred to in paragraph 2, the second Member State may adopt a decision to remove the third-country national from the territory of the Union on serious grounds of public policy or public security. In such cases, prior to adopting that decision the second Member State shall consult the first Member State. When the second Member State adopts a decision to remove the third-country national concerned, it shall take all the appropriate measures to effectively implement it. In such cases the second Member State shall provide to the first Member State appropriate information with respect to the implementation of the removal decision.

Or. en

Justification

Revert and adapt the deletion proposed by the Commission

Amendment 419

Konstantinos Arvanitis

Proposal for a directive

Article 25 – paragraph 3 – subparagraph 1

Text proposed by the CommissionAmendment
Unless, in the meantime, the international protection has been withdrawn or the person falls within one of the categories specified in Article 21(2) of Directive 2011/95/EU, the second Member State shall not refoule third-country nationals whose long-term resident’s EU residence permit issued by the first Member State contains the remark referred to in Article 8(4) of this Directive.deleted

Or. en

Justification

The principle of non-refoulement as interpreted in international human rights law should prevail.

Amendment 420

Domènec Ruiz Devesa

Proposal for a directive

Article 25 – paragraph 3 – subparagraph 1

Text proposed by the CommissionAmendment
Unless, in the meantime, the international protection has been withdrawn or the person falls within one of the categories specified in Article 21(2) of Directive 2011/95/EU, the second Member State shall not refoule third-country nationals whose long-term resident’s EU residence permit issued by the first Member State contains the remark referred to in Article 8(4) of this Directive.Unless, in the meantime, the international protection has been withdrawn, the second Member State shall not refoule third-country nationals whose long-term resident’s EU residence permit issued by the first Member State contains the remark referred to in Article 8(4) of this Directive.

Or. en

Justification

Necessary for coherence

Amendment 421

Lena Düpont, Tomas Tobé, Sara Skyttedal, Jeroen Lenaers

Proposal for a directive

Article 25 – paragraph 4 a (new)

Text proposed by the CommissionAmendment
4a. The obligation to take back shall also apply for such criminal activities as set out in Article 9 c.

Or. en

Justification

The first Member State shall be obliged to take back a third country national that commit criminal activity in another Member State.

Amendment 422

Domènec Ruiz Devesa

Proposal for a directive

Article 26 – paragraph 1

Text proposed by the CommissionAmendment
1. Upon application, the second Member State shall grant EU long-term residents the status provided for by Article 7, subject to the provisions of Articles 3, 4, 5 and 6. The second Member State shall notify its decision to the first Member State.1. Upon application, the second Member State shall grant EU long-term residents the status provided for by Article 7, subject to the provisions of Articles 17, 19 and 20. The second Member State shall notify its decision to the first Member State.

Or. en

Justification

Necessary for coherence

Amendment 423

Lena Düpont, Tomas Tobé, Sara Skyttedal, Jeroen Lenaers

Proposal for a directive

Article 26 – paragraph 1

Text proposed by the CommissionAmendment
1. Upon application, the second Member State shall grant EU long-term residents the status provided for by Article 7, subject to the provisions of Articles 3, 4, 5 and 6. The second Member State shall notify its decision to the first Member State.1. Upon application, the second Member State may grant EU long-term residents the status provided for by Article 7, subject to the provisions of Articles 3, 4, 5 and 6. The second Member State shall notify its decision to the first Member State.

Or. en

Justification

Due to the right on Member States to require resources and integration, the provision in the Article should be "may" and not "shall".

Amendment 424

Abir Al-Sahlani, Jan-Christoph Oetjen, Sophia in 't Veld, Fabienne Keller

Proposal for a directive

Article 26 – paragraph 2

Text proposed by the CommissionAmendment
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 425

Domènec Ruiz Devesa

Proposal for a directive

Article 26 – paragraph 2

Text proposed by the CommissionAmendment
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), and upon application by the EU long-term resident, 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

Justification

Necessary for coherence

Amendment 426

Domènec Ruiz Devesa

Proposal for a directive

Article 26 – paragraph 2 a (new)

Text proposed by the CommissionAmendment
2a. For the purpose of the application referred to in paragraph 2, the applicant shall submit the valid EU long-term residence permit issued by the first Member State or a certified copy thereof.

Or. en

Justification

Necessary for coherence

Amendment 427

Domènec Ruiz Devesa

Proposal for a directive

Article 26 – paragraph 3 – subparagraph 1

Text proposed by the CommissionAmendment
The second Member State shall not be obliged to confer entitlement to social assistance, or maintenance aid for studies, including vocational training, consisting in student grants or student loans to EU long-term residents other than workers, self-employed persons, and their family members, prior to the completion of five years of legal and continuous residence in its territory.The second Member State shall not be obliged to confer entitlement to social assistance, or maintenance aid for studies, including vocational training, consisting in student grants or student loans to EU long-term residents other than workers, self-employed persons, and their family members, prior to the completion of six months of legal and continuous residence in its territory.

Or. en

Amendment 428

Domènec Ruiz Devesa

Proposal for a directive

Article 26 – paragraph 3 – subparagraph 2

Text proposed by the CommissionAmendment
The second Member State may decide to confer entitlement to 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 other than workers, self-employed persons or persons who retain such status under an agreement between the Union and its Member States, on the one hand, and third countries on the other, and their family members.The second Member State may decide to confer entitlement to such assistance to EU long-term residents prior to the completion of six months 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 other than workers, self-employed persons or persons who retain such status under an agreement between the Union and its Member States, on the one hand, and third countries on the other, and their family members.

Or. en

Amendment 429

Abir Al-Sahlani, Jan-Christoph Oetjen, Sophia in 't Veld, Fabienne Keller

Proposal for a directive

Article 26 – paragraph 3 – subparagraph 2 a (new)

Text proposed by the CommissionAmendment
By way of derogation from the first subparagraph, the second Member State shall, in accordance with national law or practice, provide social assistance to an 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 430

Domènec Ruiz Devesa

Proposal for a directive

Article 26 – paragraph 4

Text proposed by the CommissionAmendment
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.deleted

Or. en

Justification

Necessary for coherence

Amendment 431

Konstantinos Arvanitis

Proposal for a directive

Article 26 – paragraph 4

Text proposed by the CommissionAmendment
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.deleted

Or. en

Justification

This paragraph risks to discriminate people with disabilities and young people and denies people access to vital social protection supports, including when they have been paying into the social protection system for a number of years.

Amendment 432

Abir Al-Sahlani, Jan-Christoph Oetjen, Sophia in 't Veld, Fabienne Keller

Proposal for a directive

Article 26 – paragraph 4

Text proposed by the CommissionAmendment
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 433

Domènec Ruiz Devesa

Proposal for a directive

Article 27 – paragraph 1 – introductory part

Text proposed by the CommissionAmendment
1. Member States shall make easily accessible to applicants for an EU long-term resident permit information1. Member States shall make easily accessible information to any potential applicant for an EU long-term resident permit in a language which they are likely to understand information.

Or. en

Amendment 434

Domènec Ruiz Devesa

Proposal for a directive

Article 27 – paragraph 1 – point b

Text proposed by the CommissionAmendment
(b) on the status acquisition and residence conditions applicable to third-country nationals and to their family members, including their rights and obligations and the procedural safeguards.(b) on the status acquisition and residence conditions applicable to third-country nationals and to their family members, including their rights and obligations and the procedural safeguards under this Directive and under relevant Union and national labour law and practice

Or. en

Amendment 435

Domènec Ruiz Devesa

Proposal for a directive

Article 27 – paragraph 1 – point b a (new)

Text proposed by the CommissionAmendment
(ba) on rights and procedures related to living and working in second Member State

Or. en

Justification

Necessary for coherence

Amendment 436

Domènec Ruiz Devesa

Proposal for a directive

Article 27 – paragraph 2

Text proposed by the CommissionAmendment
2. Where Member States issue national residence permits in accordance with Article 14, they shall ensure the same access to information on the EU long-term resident permit as the one provided with respect to such national residence permits.2. Where Member States issue national residence permits in accordance with Article 14, they shall ensure the same access to information on the EU long-term resident permit as the one provided with respect to such national residence permits. Information regarding the EU long-term resident permit shall be made available during the application process for a national residence permit. Member States shall ensure accessibility to information for persons with disabilities

Or. en

Justification

Necessary for coherence

Amendment 437

Jean-Paul Garraud

Proposal for a directive

Article 28

Text proposed by the CommissionAmendment
Article 28deleted
Report and rendez-vous clause
Periodically, and for the first time no later than [two years following the end of the transposition period] , the Commission shall report to the European Parliament and to the Council on the application of this Directive in the Member States and shall propose any amendments that it considers to be necessary. These proposals for amendments , where necessary, shall be made by way of priority in relation to Articles 4, 5, 9, 12 and to Chapter III.
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.

Or. fr

Amendment 438

Abir Al-Sahlani, Yana Toom, Jan-Christoph Oetjen, Sophia in 't Veld, Fabienne Keller

Proposal for a directive

Article 28 – paragraph 2

Text proposed by the CommissionAmendment
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

Amendment 439

Jean-Paul Garraud

Proposal for a directive

Article 29 – paragraph 1

Text proposed by the CommissionAmendment
Member States shall appoint contact points who will be responsible for receiving and transmitting the information and documentation referred to in Articles 8, 9, 13, 21, 22, 25 and 26.deleted

Or. fr