Changes from report parliamentary committee draft to plenary report

AddedArticle 9 – paragraph 1 – point a: (a) detection of fraudulent acquisition, unless there is a clear evidence that the applicant had no knowledge of and responsibility for the fraudulent acquisition, of EU long-term resident status;

RemovedArticle 9 – paragraph 1 – point a: (a) detection of fraudulent acquisition, unless without the knowledge of the applicant, of EU long-term resident status;

AddedArticle 9 – paragraph 1 – point b: (b) adoption of a decision ending the legal stay under the conditions provided for in Article 13, in which case the Member State concerned shall provide proof of the assessment of conditions listed under Article 13(3);

RemovedNecessary for internal coherence.

AddedArticle 9 – paragraph 2: 2. By way of derogation from paragraph 1, point (c), Member States may extend the period of absences for specific or exceptional reasons beyond 24 consecutive months which shall not entail withdrawal or loss of status. Where the duration of absence allowed under national permanent residence permit referred to in Article 14(1) is longer than the period of absence allowed under this Directive, the more favourable provision shall apply.

Change 24

ChangedArticle 9 – paragraph 1 – point b:3: deleted

Change 25

RemovedNecessary for internal coherence and in accordance with new paragraph 1a.

RemovedArticle 9 – paragraph 1 a (new): 1a. Member States may adopt a decision ending legal stay under the conditions provided in Article 13, in which case the Member State concerned shall provide proof of assessment of conditions listed under Article13(3).

RemovedNecessary to reflect the aim of the recast to reinforce procedural safeguards and protect third-country national. In addition, this amendment harmonises further this Directive with more recent legal migration instruments.

RemovedArticle 9 – paragraph 2: 2. By way of derogation from paragraph 1, point (c), Member States may extend the period of absences for specific or exceptional reasons that are beyond the control of the person concerned, exceeding 24 consecutive months, which shall not entail withdrawal or loss of status. If the duration of absence allowed under national permanent residence permit referred to in Article 14(1) is longer than the period of absence allowed under this Directive, the more favourable provision shall apply.

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

RemovedArticle 9 – paragraph 4: deleted

RemovedNecessary for internal coherence and to meet the objective of the recast, in particular protection against expulsion. In line with principle of non-refoulement.

Article 9 – paragraph 5 – subparagraph 4: deleted

Article 9 – paragraph 6 – subparagraph 1: With regard to the cases referred to in paragraph 1, point (c) and in paragraph 5, Member States who have granted the status shall provide for a facilitated procedure for the re-acquisition of EU long-term resident status.

Change 26

RemovedNecessary for internal coherence, in particular changes introduced in this Article.

AddedArticle 9 – paragraph 6 – subparagraph 1 a (new): By way of derogation from Article 4(1), the persons referred to in paragraph 1, point (c), and paragraph 5 of this Article shall be allowed to apply for the re-acquisition of the EU long-term resident status after one year of continuous and legal residence in the Member State concerned.

Change 27

ChangedArticle 9 – paragraph 6 – subparagraph 2: By way of derogation from Article 4(1), the persons referred to in paragraph 1(c) and paragraph 5 shall be allowed to apply for re-acquisition of their EU long-term resident status after one year of continuous and legal residence in the Member State concerned. / In any case, whereWhere third country nationals have submitted a request for re-acquisition of EU long-term resident status following its loss or withdrawal, Member States may decide not to require the fulfilment of the conditions set out in Article 4(1) and Article 5(1).

Change 28

RemovedNecessary for internal coherence and is linked to the objective of facilitating access to EU long-term residence status for third-country nationals who settled legally and on long-term basis in the Union.

AddedArticle 10 – paragraph 1: 1. Reasons shall be given for any decision rejecting an application for EU long-term resident status or withdrawing that status. Any decision to do so shall take into account individual circumstances of the third-country national concerned and shall respect the principle of proportionality. Any such decision shall be duly substantiated and notified to the third-country national concerned in accordance with the notification procedures under the relevant national legislation. The notification shall specify the redress procedures available and the time within which he/she may act.

Change 29

ChangedArticle 10 – paragraph 2: 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 an effective legal remedy in the Member State concerned, in accordance with national law. The appeal shall have suspensory effect until the decision has acquired the authority of a final decision. The effective legal remedy shall include judicial review. The written 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 thesuch an appeal.

Change 30

RemovedThe current Directive was drafted in 2003, prior to the binding nature of the EU Charter of Fundamental Rights. The current wording ‘to mount a legal challenge’ does not meet the standards set by Article 47 of the Charter. Additionally, the change proposed is linked to paragraph 3 of this Article, which falls under the recast procedure.

AddedArticle 11 – paragraph 1: Member States may require the payment of fees, where appropriate, for the processing of applications to issue and renew EU long-term residence permits in accordance with this Directive. The level of fees imposed by a Member State for the processing of applications shall not be disproportionate or dissuasive.

Change 31

ChangedArticle 1011 – paragraph 3: 3.2: Where Member States issue national residence permits in accordance with Article 14,14(1), they shall grantnot require EU long-term resident permit holders and applicants theto samepay proceduralhigher safeguardsfees asthan those provided for under their national schemes where the proceduralimposed safeguardson underapplicants suchfor national schemes are moreresidence favourablepermits. thanBy thoseway providedof forderogation infrom this Article, paragraphs 1applicants andin 2,possession andof inor Articleapplying 7(2).for Anya decisionnational rejectingpermanent orresidence withdrawingpermit thein EUaccordance long-termwith residentArticle status14(1) shall takenot intobe accountsubject theto individualfees circumstanceswhen ofapplying thefor casean andEU shalllong-term beresidence proportionate.permit.

Change 32

ChangedArticle 11 – paragraph 1: Member States may2 requirea the(new): paymentWhere ofno fees,decision whereis appropriate,taken forwithin the handling of applications in accordance with this Directive. The level of fees imposedtime bylimit aprovided Memberfor Statein forArticle the7(2), processingfirst ofsubparagraph, applicationsany shallfee notrequired bein disproportionateaccordance orwith excessivethis andArticle shall be based on the services actually provided for handling of applicationsreimbursed andto the issuance of permits.applicant.

Change 33

RemovedArticle 11 – paragraph 2: Where Member States issue national residence permits in accordance with Article 14(1), they shall not require EU long-term resident applicants to pay higher fees than those imposed on applicants for national residence permits.

AddedArticle 12 – paragraph 1 – introductory part: 1. EU long-term residents shall enjoy equal treatment with nationals at least with regard to:

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

AddedArticle 12 – paragraph 1 – point a: (a) access to employment and self-employed activity, terms of employment and working conditions, including conditions regarding dismissal and remuneration, working hours, leave and holiday, as well as health and safety requirements at the workplace;

RemovedArticle 11 – paragraph 2 a (new): By way of derogation from this Article, applicants in possession of national permanent residence permits in accordance with Article 14(1) shall not be subject to fees when applying for an EU long-term residence permit.

AddedArticle 12 – paragraph 1 – point b: (b) education and training, including study grants in accordance with national law;

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

AddedArticle 12 – paragraph 1 – point c: (c) recognition of qualifications, including diplomas, certificates and other qualifications, in accordance with the relevant national procedures, and taking into account qualifications acquired in a third country in accordance with Directive 2005/36/EC where the latter qualifications were already recognised in another Member State;

RemovedArticle 12 – paragraph 1 – point c: (c) recognition of occupational and professional qualifications, including diplomas, certificates and other qualifications, in accordance with the relevant national procedures, and taking into account qualifications acquired in a third country in accordance with Directive 2005/36/EC where the latter qualification was already recognised in another Member State;

AddedArticle 12 – paragraph 1 – point d: (d) access to the branches of social security referred to in Article 3 of Regulation (EC) No 883/2004 of the European Parliament and of the Council40 , and social assistance and social protection as defined by national law;

RemovedNecessary for internal coherence and linked to the overall objective to increase Union’s attractiveness for skills and talents from third-countries, as well as ensure a level playing field between the EU long-term residence permit and national permanent residence permits in terms of equal treatment rights.

AddedArticle 12 – paragraph 1 – point f: (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 ensuring a decent standard of living, as well as information and counselling services provided by employment offices;

RemovedArticle 12 – paragraph 2: 2. With respect to the provisions of paragraph 1, point (d), the Member State concerned may restrict equal treatment to cases where the registered or usual place of residence of the EU long-term resident within the Member State concerned.

AddedArticle 12 – paragraph 1 – point g: (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;

RemovedIn accordance with the principle of proportionality and linked to guaranteed equal treatment rights for third-country nationals and their families.

AddedArticle 12 – paragraph 2: 2. With respect to the provisions of paragraph 1, points (d) and (e), the Member State concerned may limit equal treatment to cases where the registered or usual place of residence of the EU long-term resident lies within the Member State concerned. Member States shall inform EU long-term residents of such restrictions when they acquire the EU long term resident status, and on request, provide the EU long-term resident with easily understandable and accessible reasons for such restriction.

RemovedArticle 13 – paragraph 3 – point d a (new): (da) the nature and seriousness of the criminal offence committed by the applicant;

AddedArticle 12 – paragraph 3 – introductory part: 3. Member States may restrict equal treatment with nationals only in the following cases:

RemovedCodifies the ruling of ECtHR in its case on Boutlif v Switzerland and M Uner v the Netherlands.

AddedArticle 12 – paragraph 3 – point a: (a) Member States may retain restrictions to access to employment or self-employed activities in cases where those activities are reserved to nationals, provided that such employment or activities entail occasional involvement in the exercise of public authority, in accordance with existing national or Union legislation;

RemovedArticle 13 – paragraph 3 – point d b (new): (db) in cases where there are children involved, the best interests and well-being of the children, in particular the seriousness of difficulties which any children of the applicant are likely to encounter in the country to which the applicant is to be returned;

AddedArticle 12 – paragraph 3 – point b: (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. Access to early childhood and secondary education and care shall be without any restrictions or prerequisites. Member States shall provide appropriate language training for children.

RemovedCodifies the ruling of ECtHR in its case on Boutlif v Switzerland and M Uner v the Netherlands.

AddedArticle 12 – paragraph 4: 4. As far as the Member State which granted international protection is concerned, paragraph 3 of this Article shall be without prejudice to Directive 2011/95/EU.

RemovedArticle 13 – paragraph 3 – point d c (new): (dc) the solidity of social, cultural and family ties with the host country and with the country of destination.

AddedArticle 12 – paragraph 5: 5. EU long-term residents moving to a third country, or their survivors who reside in a third country and who derive rights from an EU long-term resident, shall receive, in relation to old age, invalidity and death, statutory pensions based on the EU long-term resident's previous employment that were acquired in accordance with the legislation referred to in Article 3 of Regulation (EC) No 883/2004, under the same conditions and at the same rates as nationals of the Member States concerned where such nationals move to a third country. Any difficulty for EU long-term residents to receive their pension entitlements shall be addressed by the Member State in a timely and effective manner.

RemovedCodifies the ruling of ECtHR in its case on Boutlif v Switzerland and M Uner v the Netherlands.

AddedArticle 13 – paragraph 3 – point a: (a) the duration of residence in their territory and the periods of absence;

RemovedArticle 14 – paragraph 1 a (new): Where Member States issue national permanent residence permits, 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 provided for under the national schemes, where such provisions are more favourable under national schemes. Where more favourable conditions apply and allow for the acquisition of an EU long-term residence permit, the rights under Chapter III shall be applied subject to the conditions referred to in Article 4(1).

AddedArticle 13 – paragraph 3 – point d a (new): (da) the nature and seriousness of the criminal offence committed by the person concerned;

RemovedNecessary for internal coherence and is linked to the aim of the recast to ensure a level playing field between the EU long-term residence permit and national permanent residence permits.

AddedArticle 13 – paragraph 3 – point d b (new): (db) in cases where there are children involved, the best interests and well-being of the children;

RemovedArticle 14 – paragraph 1 b (new): Where a third-country national 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.

AddedArticle 13 – paragraph 6: deleted

RemovedNecessary for internal coherence and is linked to the aim of the recast to ensure a level playing field between the EU long-term residence permit and national permanent residence permits.