Changes from report parliamentary committee draft to plenary report

RemovedArticle 18 – paragraph 5: 5. Where the family was not already constituted in the first Member State, the derogation referred to in Article15(3) of this Directive shall apply.

AddedArticle 19 – title: Public policy, public security or public health

RemovedNecessary for internal coherence and inextricably linked to Article 15(3), which falls under the recast procedure.

AddedArticle 19 – paragraph 1 – subparagraph 1: 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, or public health.

RemovedArticle 19 – paragraph 1 – subparagraph 2: 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 or her family member(s), or the danger that emanates from the person concerned, while also having a proper regard to the duration of residence and to the existence of links with the country of residence.

RemovedNecessary for internal coherence, in accordance with Article 6 of this Directive. Linked to the recast’s aim to strengthen protection against expulsion.

Article 20: deleted / (deleted) / (deleted) / (deleted)

Change 51

RemovedNecessary for internal coherence, as public health is a valid reason for refusal of a residence permit only in the second Member State. This Article falls under the recast procedure.

AddedArticle 21 – paragraph 1 – subparagraph 1: 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 submitted.

RemovedArticle 21 – paragraph 1 – subparagraph 1: 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 30 days from the date that the application has been lodged.

RemovedNecessary for internal coherence and is linked to the objective of swifter and simplified procedures.

Article 21 – paragraph 1 – subparagraph 2: If an application is not accompanied by the documentary evidence listed in Articles 17 and 18, or in exceptional circumstances linked with the complexity of the examination of the application, the time limit referred to in the first subparagraph may be extended for a period not exceeding 30 days. In such cases the competent national authorities shall inform, in writing, the applicant thereof.

Change 52

RemovedNecessary for internal coherence

AddedArticle 21 – paragraph 1 – subparagraph 2 a (new): Where no decision is taken within the time limit provided for in the first subparagraph of this paragraph, any fee required in accordance with Article 11 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.

Change 53

ChangedArticle 21 – paragraph 1 a– (new):subparagraph 1a.2 b (new): 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, with a minimum of 30 days,deadline for presenting or providing them. The period referred to in the first subparagraph shall be suspended from the notification until the authorities have received the additional documents or information required. If the additional documents or information required have not been provided within that deadline, the application may be rejected.

Change 54

RemovedNecessary for internal coherence and linked to Article 7(2), which falls under the recast procedure.

AddedArticle 21 – paragraph 2: 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, be renewable on expiry. The second Member State shall inform the first Member State of its decision.

RemovedArticle 21 – paragraph 2: 2. If the conditions provided for in Articles 16, 17 and 18 are met, then, subject to the provisions relating to public policy and public security in Article 19, the second Member State shall issue the EU long-term resident with a renewable residence permit. This residence permit shall, upon application be renewable on expiry. The second Member State shall inform the first Member State of its decision.

RemovedNecessary for internal coherence, particularly to reflect the deletion of Article 20.

Article 21 – paragraph 4: 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.

Change 55

ChangedArticle 23 – paragraph 2: 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 effective judicial 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 the appeal may be lodged and the time limit for lodging the appeal.

Change 56

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. Linked to Article 10 of this Directive.

AddedArticle 24 – paragraph 1: 1. As soon as the EU long-term resident has received the residence permit provided for by Article 21 in the second Member State, EU long-term residents and their family members shall in that Member State enjoy equal treatment in the areas and under the conditions referred to in Article 12.

Change 57

ChangedArticle 24 – paragraph 1:2 1.– Assubparagraph soon2: asMember States may provide that the EU long-term resident hasresidents receivedand thetheir residencefamily permitmembers providedwho forexercise byan Articleeconomic 21activity in thean secondemployed Membercapacity State,communicate EUto long-termthe residentscompetent andauthorities theirany familychange membersof shallemployer inor thateconomic Memberactivity. StateSuch enjoyrequirement equalshall treatmentnot inaffect the areas andright underof the conditionspersons referredconcerned to intake Articleup 12.and carry out the new activity.

Change 58

RemovedNecessary for internal coherence and clarity.

AddedArticle 24 – paragraph 2 – subparagraph 3: 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.

RemovedArticle 24 – paragraph 2 – subparagraph 2: deleted

AddedArticle 24 – paragraph 2 – subparagraph 3 a (new): Persons referred to in Article 16(2), point (b), shall be entitled to have access to an employed or self-employed activity outside of their studies or training and subject to the rules and conditions applicable to the relevant activity in the Member State concerned. Each Member State shall determine the maximum amount of time allowed for such an activity, in accordance with Union and national law.

RemovedArticle 24 – paragraph 2 – subparagraph 3: deleted

RemovedNecessary for internal coherence and clarity. Additionally, linked to the overall objective of promoting integration of third-country nationals who have lawfully resided within the Union on a long-term basis.

Article 25 – title: Withdrawal of the national residence permit and obligation to take back

Change 59

RemovedTechnical change necessary for internal coherence and clarity.

Article 25 – paragraph 1 – introductory part: 1. The second Member State may decide to withdraw the national residence permit in the following cases:

Change 60

RemovedChanges made to the paragraph which falls under the recast procedure. Necessary for internal coherence and clarity.

AddedArticle 25 – paragraph 3: deleted / (deleted)

Change 61

ChangedArticle 25 – paragraph 3 – subparagraph 1:a The(new): second3a. MemberRemoval Statedecisions shallmay not refoulebe third-countryaccompanied nationalsby whosea long-termpermanent resident’sban EUon residence permit issued by the first Member State containsin the remarkcases referred to in Article 8(4)paragraph of1, thispoint Directive.(b).

Change 62

RemovedDeletion consistent with agreement reached at the Trilogue on the Qualification Regulation in June 2018, which deleted the provisions on exceptions to non-refoulement (Art. 21(2) Qualification Directive).

AddedArticle 26 – paragraph 1: 1. Upon application for an EU long-term residence permit, the second Member State shall grant EU long-term residents the status provided for by Article 7, subject to the conditions referred to in Article 17 and 19. The second Member State shall notify its decision to the first Member State.

RemovedArticle 25 – paragraph 4 a (new): 4a. Removal decisions may not be accompanied by a permanent ban on residence in the cases referred to in paragraph 1(b).

AddedArticle 26 – paragraph 1 a (new): 1a. Upon the granting of EU long-term residence permit, all rights as referred to in Chapter I and II of this Directive applicable to EU long-term residents and their family members in the first Member State shall apply to EU long-term residents and their family members in the second Member State.

RemovedRe-introduces a text that was deleted in the new proposal. The following strike-through text falls under the Recast procedure.

AddedArticle 26 – paragraph 2: 2. An EU long-term resident shall be entitled to submit an application for an EU long-term residence permit, upon the arrival of that EU long-term resident to the second Member State or no later than the expiry of that resident’s EU long-term residence permit in the first Member State.

RemovedArticle 26 – paragraph 1: 1. Upon application for an EU long-term residence permit, the second Member State shall grant EU long-term residents the status provided for by Article 7. The second Member State shall notify its decision to the first Member State.

AddedArticle 26 – paragraph 2 a (new): 2a. By way of derogation from Article 17(2), point (a), a maximum period of six months shall be considered for the evaluation of stable and regular resources.

RemovedNecessary for internal coherence and linked to recast’s key objective of enhancing intra-EU mobility for third-country nationals, which is an added value of the status in comparison to national permits on Member State level.

AddedArticle 26 – paragraph 3 – subparagraph 1: Where the second Member State confers entitlement to social assistance, or maintenance aid for studies, including vocational training, consisting in student grants or student loans 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, prior to the completion of five years of legal and continuous residence, it shall also confer such entitlement to EU long-term residents under the same conditions.

RemovedArticle 26 – paragraph 1 a (new): 1a. Upon granting of the EU long-term residence permit, all rights as referred to in Chapter I and II of this Directive applicable to EU long-term residents and their family members in the first Member State shall apply to EU long-term residents and their family members in the second Member State.

AddedArticle 26 – paragraph 3 – subparagraph 2: deleted

RemovedNecessary for internal coherence and linked to recast’s key objective of enhancing intra-EU mobility for third-country nationals, which is an added value of the status in comparison to national permits on Member State level.

AddedArticle 26 – paragraph 3 – subparagraph 2 a (new): 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 a disability or incapacity to work due to circumstances such as pregnancy, accident, injury or disease.

RemovedArticle 26 – paragraph 2: 2. By way of derogation from Article 4(1) and (3), an EU long-term resident shall be entitled to submit an application for an EU long-term residence permit, upon his or her arrival to the second Member State or no later than the expiry of his or her EU long-term residence permit in the first Member State.

RemovedArticle 26 – paragraph 2 a (new): 2a. For the purpose of application, as referred to in paragraph 1, the applicant shall present: / (a) the valid EU long-term residence permit issued by the first Member State; / (b) a valid travel document, as specified by national law;

RemovedNecessary for internal coherence and linked to recast’s key objective of enhancing intra-EU mobility for third-country nationals, which is an added value of the status in comparison to national permits on Member State level.

RemovedArticle 26 – paragraph 2 b (new): 2b. The Member State concerned may require the EU long-term resident to present documentary evidence to prove that conditions have been met in the first Member State when acquiring the EU long-term residence permit and that the condition referred to in Article 4(1) is fulfilled.

RemovedNecessary for internal coherence and linked to recast’s key objective of enhancing intra-EU mobility for third-country nationals, which is an added value of the status in comparison to national permits on Member State level.

RemovedArticle 26 – paragraph 2 c (new): 2c. By way of derogation from Article 5(1), the second Member State may require the EU long-term resident to present: / (a) stable and regular resources, also made available by any other third party, which are sufficient to maintain himself or herself and the dependent members of his or her family, without recourse to social assistance system of the Member State concerned. For the evaluation of stable and regular resources, a maximum period of six months shall be considered. / (b) evidence of, or if provided for by national law, having applied for, sickness insurance in respect of all risks normally covered for his or her own nationals in the Member State concerned.

RemovedNecessary for internal coherence and linked to recast’s key objective of enhancing intra-EU mobility for third-country nationals, which is an added value of the status in comparison to national permits on Member State level.

RemovedArticle 26 – paragraph 3 – subparagraph 1: By way of derogation from Article 12, first paragraph, point (d), 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 three years of legal and continuous residence in its territory.

RemovedArticle 26 – paragraph 3 – subparagraph 2: The second Member State may decide to confer entitlement to such assistance to EU long-term residents prior to the completion of three 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.

Article 26 – paragraph 4: deleted