51996AP0218

A4-0218/96

Proposal for a Council Directive on the right of third-country nationals to travel in the Community (COM(95)0346 - C4-0420/95 - 95/0199(CNS))

The proposal was approved with the following amendments:

(Amendment 1)

Recital -1 (new)

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Whereas Article 3 of the Treaty provides for an internal market characterized, inter alia, by the abolition, as between Member States, of obstacles to the free movement of persons and measures concerning the entry and movement of persons in the internal market;

(Amendment 2)

Recital 1

>Original text>

Whereas Article 7a of the Treaty provides for the establishment of an internal market, which is to comprise an area without internal frontiers in which the free movement of goods, persons, capital and services is ensured in accordance with the provisions of the Treaty;

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Whereas Article 7a of the Treaty provided for the establishment by 31 December 1992 of an internal market, to comprise an area without internal frontiers in which the free movement of goods, persons, capital and services is ensured in accordance with the provisions of the Treaty;

(Amendment 21)

Recital 1a (new)

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Whereas it follows from Article 7a that in addition to the abolition of controls at the internal frontiers a number of Community measures need to be taken, as was the case with three other freedoms, in order to create effective freedom of movement of persons;

(Amendment 3)

Recital 1b (new)

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Whereas the free movement of persons is laid down by the Treaty and hence cannot be made dependent on accompanying measures;

(Amendment 23)

Recital 1c (new)

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Whereas this Directive must be implemented as rapidly as possible, and whereas all measures under Title VI of the EU Treaty which are designed to regulate the right of travel of the same categories of persons as those referred to in this Directive must be halted as regards both measures already laid down and negotiations concerning measures not yet taken;

(Amendment 4)

Recital 2

>Original text>

Whereas in order to achieve this objective Member States will have to allow third-country nationals who are lawfully resident in the territory of another Member State to enter their territories for short stays; whereas if there were no such right to travel each Member State would have to consider the fact that there were people in other Member States who were not entitled to enter its territory, which might be an argument for maintaining controls at internal frontiers;

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Whereas in order to achieve this objective Member States will have to allow third-country nationals who are lawfully resident in the territory of another Member State to enter their territories for short stays; whereas if there were no such right to travel each Member State would have to consider the fact that there were people coming from other Member States who were not entitled to enter its territory; whereas this would not constitute an internal market without internal frontiers;

(Amendment 5)

Recital 3a (new)

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Whereas in principle the registration of third-country nationals exercising their right to travel should not be subject to more stringent requirements than those applying in comparable situations to EU citizens;

(Amendment 6)

Recital 3b (new)

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Whereas, for the purposes of determining the duration in the definition of 'stay for a short time' or 'short stay', the same time restrictions as those applying to EU citizens must be applied;

(Amendment 7)

Recital 4

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Whereas the issue of a residence permit by a Member State to a third-country national, whereby the latter is authorized to live in that State, is an act surrounded by sufficient safeguards for the other Member States no longer to need to subject the person concerned to the requirement that he obtain a visa in advance from their own authorities and hence for them to grant him the right to travel; whereas, in any event, each Member State may expel the person concerned to the Member State which issued the residence permit, which is obliged to readmit him, if he stays unlawfully in its territory, if he does not fulfil the conditions governing the right to travel, or if he represents a threat to public order or public security in that State, or to its international relations;

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Whereas the issue of a residence permit by a Member State to a third-country national, whereby the latter is authorized to live in that State, is an act surrounded by sufficient safeguards for the other Member States no longer to need to subject the person concerned to the requirement that he obtain a visa in advance from their own authorities and hence for them to grant him the right to travel; whereas, in any event, each Member State may expel the person concerned to the Member State which issued the residence permit, which is obliged to readmit him, if he stays unlawfully in its territory, if he does not fulfil the conditions governing the right to travel, or if he represents a threat to public order or public security;

(Amendment 8)

Recital 5

>Original text>

Whereas, where a third-country national who is not resident in the Community is in possession of a visa issued by a Member State which permits him to cross the external frontiers of all the Member States by virtue of its being valid throughout the Community and mutually recognized by the Member States for that purpose, each Member State enjoys sufficient safeguards for it to grant the person concerned the right to travel; whereas the same right must a fortiori be granted to third-country nationals who may cross the external frontiers without being subject to a visa requirement; whereas, in any event, each Member State is entitled to expel a third-country national if he does not fulfil the conditions governing the right to travel or if he represents a threat to public order or public security in that State, or to its international relations;

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Whereas, where a third-country national who is not resident in the Community is in possession of a visa issued by a Member State which permits him to cross the external frontiers of all the Member States by virtue of its being valid throughout the Community and mutually recognized by the Member States for that purpose, each Member State enjoys sufficient safeguards for it to grant the person concerned the right to travel; whereas the same right must a fortiori be granted to third-country nationals who may cross the external frontiers without being subject to a visa requirement; whereas, in any event, each Member State is entitled to expel a third-country national if he does not fulfil the conditions governing the right to travel or if he represents a threat to public order or public security;

(Amendment 9)

Article 1

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Introductory provision

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1. Whereas Article 7a of the Treaty provides for the establishment of an internal market, which is to comprise an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured in accordance with the provision of the Treaty;

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1. Whereas Article 7a of the Treaty provides for the establishment of an internal market, which is to comprise an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured in accordance with the provision of the Treaty;

>Original text>

2. Whereas in order to achieve this objective Member States will have to allow third-country nationals who are lawfully in the territory of another Member State to enter their territories for short stays; whereas if there were no such right to travel each Member State would have to consider the fact that there were people in other Member States who were not entitled to enter its territory, which might be an argument for maintaining controls at internal frontiers;

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2. Whereas in order to achieve this objective Member States will have to allow third-country nationals who are lawfully in the territory of another Member State to enter their territories for short stays; whereas if there were no such right to travel each Member State would have to consider the fact that there were people in other Member States who were not entitled to enter its territory, which might be an argument for maintaining controls at internal frontiers;

>Original text>

3. This Directive shall not affect provisions of Community or domestic law on

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3. This Directive shall not affect provisions of Community or domestic law on

>Original text>

- stays other than for a short time, and

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- stays other than for a short time, and

>Original text>

- access to employment and the taking-up of activities as a self-employed person

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- access to employment, the taking-up of activities as a self-employed person and other lucrative or non-lucrative activities

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applicable to third-country nationals.

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applicable to third-country nationals.

(Amendment 10)

Article 2, heading (new), and (1) (2) and (3)

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Definitions

>Original text>

For the purpose of this Directive:

1. 'right to travel' means the right to cross internal Community borders and to remain in the territory of a Member State for a short stay, or to travel onward, without the person concerned being required to obtain a visa from the Member State or States in whose territory the right is exercised.

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For the purpose of this Directive:

1. 'right to travel' means the right to cross internal Community borders and to remain in the territory of a Member State for a short stay, or to travel onward, without the person concerned being required to obtain a visa from the Member State or States in whose territory the right is exercised.

>Original text>

2. 'residence permit' means any document or authorization issued by the authorities in a Member State which permits a person to reside in that Member State, and which appears on the list referred to in Article 3(4);

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2. 'residence permit' means any document or authorization issued by the authorities in a Member State which permits a person to reside in that Member State for a period of more than six months;

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3. 'visa within the meaning of point (3) of Article 2' means a visa which is valid throughout the Community and which is mutually recognized for the purpose of crossing the external frontiers of the Member States.

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3. 'visa' means a visa as specified in Regulations (EC) Nos. 1683/951 and 2317/952.

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1 OJ L 164, 14.7.1995, p. 1.

2 OJ L 234, 3.10.1995, p. 1.

(Amendment 11)

Article 2(4a) (new)

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4a. 'stay for a short time' means a stay of not more than six months.

(Amendment 12 and separate vote)

Article 3(1) to (3)

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Right to travel for holders of a residence permit

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1. Member States shall grant the right to travel to third-country nationals who hold a valid residence permit issued by another Member State.

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1. Member States shall grant the right to travel to third-country nationals who hold a valid residence permit issued by another Member State.

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Any such person may travel in the territories of the other Member States for a continuous period of not more than three months provided he meets the following requirements:

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Any such person may travel in the territories of the other Member States for a continuous period of not more than three months provided he is in possession of a valid residence permit and a valid travel document.

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- he must be in possession of a valid residence permit and a valid travel document;

>Original text>

- he must have sufficient means of subsistence, both to cover the period of the intended stay or transit and to enable him to return to the Member State which issued the residence permit, or to travel to a third country into which he is certain to be admitted.

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2. Member States shall, in accordance with the conditions laid down in the Annex, readmit any person to whom they have issued a residence permit and who is unlawfully resident in the territory of another Member State, even if the validity of that permit has expired.

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Deleted

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3. A third-country national who holds a residence permit issued by a Member State and who is exercising the right to travel may be expelled if he does not meet the requirements laid down in paragraph 1 or if he represents a threat to public order or public security in the Member State in which he is exercising the right to travel, or to its international relations.

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3. A third-country national who holds a residence permit issued by a Member State and who is exercising the right to travel may be expelled if he does not meet the requirements laid down in paragraph 1 or if he represents a threat to public order or public security where he is exercising the right to travel.

(Amendment 13)

Article 4

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Right to travel for holders of a visa and persons exempt from visa requirements

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1. Member States shall grant the right to travel to third-country nationals who hold a visa within the meaning of point (3) of Article 2.

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1. Member States shall grant the right to travel to third-country nationals who hold a visa within the meaning of point (3) of Article 2.

>Original text>

Such persons may travel in the territories of the Member States during the period of stay permitted by the visa, provided that they are in possession of a travel document bearing the valid visa and meet the requirement laid down in the second indent of Article 3(1).

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Such persons may travel in the territories of the Member States during the period of stay permitted by the visa, provided that they are in possession of a travel document bearing the valid visa.

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2. Member States shall confer the right to travel on third country nationals who are exempted from visa requirements by all the Member States.

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2. Member States shall confer the right to travel on third country nationals who are exempted from visa requirements by all the Member States.

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Such persons may travel in the territories of the Member States for a total of no more than three months within a period of six months from the date of first entry in the territory of one of the Member States, provided that they are in possession of valid travel documents and meet the requirement laid down in the second indent of Article 3(1).

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Such persons may travel in the territories of the Member States for a total of no more than three months within a period of six months from the date of first entry in the territory of one of the Member States, provided that they are in possession of valid travel documents.

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3. Paragraph 2 shall also apply to third-country nationals who are subject to a visa requirement in a number of Member States.

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Deleted

>Original text>

However, the right to travel shall in their case be restricted to the territories of such Member States as have exempted nationals of the relevant third country from the obligation to hold a visa, unless they do hold a visa within the meaning of point (3) of Article 2.

>Original text>

In the latter event, the period of stay in the territories of the Member States which require a visa shall be limited to the period permitted by the visa.

>Original text>

4. The provisions of this Article shall not prevent any Member State from authorizing the stay in its territory of a third-country national beyond three months.

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4. The provisions of this Article shall not prevent any Member State from authorizing the stay in its territory of a third-country national beyond three months.

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5. A third-country national allowed to enter the Community for a short stay who is exercising the right to travel may be expelled if he does not satisfy the conditions in paragraphs 1 or 2, according to whether or not he is subject to a visa requirement, or if he represents a threat to public order or public security in the Member State in which he is exercising the right to travel, or to its international relations.

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5. A third-country national allowed to enter the Community for a short stay who is exercising the right to travel may be expelled if he does not satisfy the conditions in paragraphs 1 or 2, according to whether or not he is subject to a visa requirement, or if he represents a threat to public order or public security in the Member State in which he is exercising the right to travel.

(Amendment 14)

Article 5

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Registration

>Original text>

Member States may require persons exercising the right to travel to report their presence in their territories.

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1. Member States may require persons exercising the right to travel to report their presence in their territories.

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2. In no circumstances may persons entitled to travel be required to register if they stay in the Member State concerned for less than one month and do not reside at a fixed address during this period.

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3. However, the Member State may oblige entitled persons to register with the person providing accommodation if the latter offers accommodation on a commercial basis to a number of persons simultaneously.

(Amendment 15)

Article 5a (new)

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Article 5a

End of stay

1. Persons in a Member State on the basis of the right to travel granted in this Directive should leave the Member State's territory without delay if they no longer satisfy the applicable requirements.

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2. If the fact that the applicable requirements will no longer be satisfied is predictable, they should leave the Member State before they cease to satisfy those requirements.

(Amendment 16)

Article 5b (new)

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Article 5b

Readmission

1. Without prejudice to the option open to them of taking legal action in the event of unlawful stays by third-country nationals exercising the right to travel, Member States shall readmit, in accordance with the procedure defined in the annex, persons to whom they issued

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(a) the last known residence permit

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(b) the most recent valid visa.

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2. The persons referred to in paragraph 1 may be expelled against their will and at their expense in accordance with the procedure defined in the annex.

(Amendment 17)

ANNEX, title

>Original text>

Conditions for the readmission by the Member States of third-country nationals who are unlawfully resident in a Member State but who hold a residence permit for another Member State (Article 3(2) of the Directive)

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The readmission by the Member States, on the basis of Article 5b of the Directive, of third-country nationals who are unlawfully resident in another Member State

(Amendment 18)

ANNEX (-1) (new)

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-1. Member States undertake to adhere strictly to the provisions of the European Convention on the Protection of Human Rights and Fundamental Freedoms and not to expel to another Member State persons who should be afforded protection in their State on the basis of this Convention.

(Amendment 19)

ANNEX (3), second, third and fourth subparagraphs

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If the person holds a valid residence permit for another Member State, the Member State which has issued the permit is required to readmit him.

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If the person holds a residence permit issued by another Member State, the Member State which has issued the permit is required to readmit him.

>Original text>

Moreover, Member States must readmit a third-country national in accordance with Article 3(2) within a period of up to two months after the expiration of the validity of the residence permit.

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Moreover, Member States must readmit a third-country national in accordance with Article 5b within a period of up to two months after the expiration of the validity of the residence permit.

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The obligation to readmit him is subject to the condition that a request for readmitting him shall be lodged within one month by the authorities becoming aware of the person's unlawful presence in the Member State.

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The obligation to readmit him is subject to the condition that a request for readmitting him shall be lodged by the authorities becoming aware of the person's unlawful presence in the Member State within one month of establishing this fact.

(Amendment 20)

ANNEX (5a) (new)

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5a. The above procedure also applies, under the same conditions, in cases where a visa has expired.

Legislative resolution embodying Parliament's opinion on the proposal for a Council Directive on the right of third-country nationals to travel in the Community (COM(95)0346 - C4-0420/95 - 95/0199(CNS))

(Consultation procedure)

The European Parliament,

- having regard to the Council proposal, COM(95)0346 - 95/0199(CNS) ((OJ C 306, 17.11.1995, p. 5.)),

- having been consulted by the Council pursuant to Article 100 of the EC Treaty (C4-0420/95),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Civil Liberties and Internal Affairs and the opinions of the Committee on Social Affairs and Employment and the Committee on Legal Affairs and Citizens' Rights (A4-0218/96),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to amend its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

4. Instructs its President to forward this opinion to the Council and Commission.