16. ENTRY AND RESIDENCE OF THIRD-COUNTRY
NATIONALS FOR STUDY, VOCATIONAL TRAINING OR VOLUNTARY SERVICE
(23850)
12623/02
COM(02) 548
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Draft Council Directive on the conditions of entry and residence of third-country nationals for the purpose of studies, vocational training or voluntary service.
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| Legal base: | Articles 63(3)(a) and 64 EC; consultation; unanimity of participating states
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| Department: | Home Office
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| Basis of consideration: | Minister's letter of 6 January 2003
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| Previous Committee Report: | HC 63-v (2002-03), paragraph 9 (18 December 2002)
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| To be discussed in Council: | Date not set
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| Committee's assessment: | Politically important
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| Committee's decision: | Cleared, but information on progress requested
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Background
16.1 This draft Directive aims to provide a common legal
framework covering the conditions for entry and residence of third
country nationals in the territory of Member States for a period
exceeding three months, for the purposes of study, vocational
training or voluntary service. It also seeks to harmonise the
procedures for issuing residence permits in these areas.
16.2 As the legal base for the draft Directive falls
within Title IV of the EC Treaty (Visas, asylum, immigration
and other policies related to the free movement of persons),
the UK has three months from the formal publication of the proposal
in which to decide whether to opt in to the measure (in accordance
with the provisions in the Protocol on the position of the United
Kingdom and Ireland now annexed to the EC Treaty and the Treaty
on European Union).
16.3 When we last considered the proposal (in December),
we decided not to clear it, until we knew the Government's decision
on participation.
The Minister's letter
16.4 The Parliamentary Under-Secretary of State for Race
Equality, Community Policy and European and International Policy
(Lord Filkin) has now written to tell us that the Government has
decided not to participate in this proposal. He says:
"We have given very careful consideration to the position
which the UK should adopt on this proposal, taking account of
views expressed by colleagues in other Government departments
and from representatives of the various sectors which have an
interest in this measure. We have concluded that participation
would not be consistent with the operation of our frontiers control
and admissions policy, in particular with respect to Articles
7 [Mobility of students] and 19 [Applications for residence permits]
of the proposal. We are also concerned about the potential impact
of extra burdens on the UK education sector, and constraints on
the UK's competitiveness in the market for international students."
16.5 The Minister assures us, however, that it is not
the Government's intention to be seriously out of line with its
European partners. It will continue to participate fully in discussions
on the development of the proposal.
Conclusion
16.6 We thank the Minister for letting us know promptly
about the Government's decision not to participate in this measure.
16.7 We note that the Government's main reason for
non-participation relates to the operation of the UK's frontiers
control and admissions policy. Its other concerns cannot be relevant
in terms of the Protocol on the position of the United Kingdom
and Ireland, and we hope that fellow Member States will not consider
the UK to be seeking competitive advantage through non-participation
in the proposal. For that reason, we welcome the Government's
assurance that it does not intend the UK to be seriously out of
line in this area.
16.8 Given that the UK will not be participating in
the proposal, we clear the document. However, we ask to be kept
informed of the progress of negotiations.
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