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EU-China: closer partners, growing responsibilities

Outline of the Community (European Union) legislation about EU-China: closer partners, growing responsibilities

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

External relations > Relations with third countries > Asia

EU-China: closer partners, growing responsibilities

Document or Iniciative

Communication from the Commission to the Council and the European Parliament of 24 October 2006 entitled “EU-China: closer partners, growing responsibilities” [COM(2006) 631 final – Not published in the Official Journal].

Summary

The European Union (EU) supports the sustainable development of China by strengthening its partnership for political, economic and social reform. Strong economic growth in China has promoted stability and poverty reduction but the country still faces significant challenges.

In this respect, the two partners have decided to re-assess their trade and cooperation agreement in order to establish a more global partnership, covering the whole of their relationship.

The Commission also presents the cooperation priorities for the partners, which take into consideration their joint interests and the development of their relationship.

Supporting political transition

The EU and China hold regular political dialogue on human rights, the protection of minorities and the strengthening of the rule of law. In this field, the partners shall:

orient their objectives towards achieving concrete results;
monitor their actions;
coordinate their actions with bilateral dialogues conducted between China and the EU Member States.

Promoting energy efficiency and environmental protection

China and the EU are two of the principal actors in the global energy markets. Their cooperation is carried out within a context of increased energy demands. In particular, it aims to:

improve transparency and the regulatory environment of the energy sector;
exchange techniques and information for managing resources effectively, and the development of renewable energies;
favour investment and the opening up of public procurement;
promote the application of international standards.

On the basis of a joint declaration in 2005, the EU assists China on preventing pollution, protecting biodiversity, combating deforestation, and the sustainable management of fisheries, water resources and raw materials.

This declaration also opens the way for closer cooperation on tackling climate change, specifically in order to meet the requirements of the Kyoto Protocol.

Balancing economic and social development

The EU proposes extending the political dialogue to decent work standards, health and the ageing population.

In addition, China must reform its growth model in order to promote social inclusion and to increase the purchasing power of its population. The partners shall cooperate to define and implement balanced monetary and fiscal policies.

Improving trade and economic relations

The EU is China’s largest trading partner. Its imports represent more than 19 % of China’s external trade. In addition, the growing Chinese market represents a significant export opportunity for European companies.

In order to comply with commitments to the World Trade Organization (WTO), the partners must specifically:

promote the opening up of the Chinese market to investments and exports;
define fair trade rules, specifically regarding protecting intellectual property rights and decent work standards;
resolve trade disputes through dialogue or trade defence measures and the WTO dispute settlement system.

Strengthening sectoral cooperation

More targeted bilateral cooperation is needed in the following fields:

cooperation in science and technology, including the participation of researchers in the respective research programmes and projects of each of the partners;
immigration, to establish a legal framework for exchanges and readmission, but also concerning the fight against organised crime and terrorism;
cultural exchanges, by supporting relations between the civil societies;
education, through student exchange programmes and interaction between universities.

Encouraging security and international cooperation

The EU and China both have an interest in conducting a structured dialogue on peace and security in certain regions of the world, particularly in East Asia, where China is a key player. The EU also supports dialogue between China and Taiwan in order to promote the stability of the region.

The cooperation also concerns transparency on military expenditure, nuclear non-proliferation and the progressive lifting of the European arms embargo.

Lastly, the partners must work together to coordinate international actions in the area of development aid, particularly for sustainable development, peace and stability in Africa.

Limitations on the admission of third-country nationals for the purpose of pursuing activities as self-employed persons

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Limitations on the admission of third-country nationals for the purpose of pursuing activities as self-employed persons

Outline of the Community (European Union) legislation about Limitations on the admission of third-country nationals for the purpose of pursuing activities as self-employed persons

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Living and working in the internal market

Limitations on the admission of third-country nationals for the purpose of pursuing activities as self-employed persons

To lay down principles to guide the Member States in the application of the policy on admission for the purpose of pursuing activities as self-employed persons.

2) Union Measures

Council resolution of 30 November 1994 relating to the limitations on the admission of third-country nationals for the purpose of pursuing activities as self-employed persons.

3) Contents

The Council recalls that, in the report on immigration and asylum adopted by the Maastricht European Council in 1991, priority was given to the harmonisation of policies on admission for the purpose of pursuing self-employed occupation. The 1994 work programme in the field of justice and home affairs also included, as a priority measure, a decision to conclude the deliberations on the admission of self-employed persons.

The approach adopted by the Member States (Part A of the resolution) is to admit, for the purpose of pursuing self-employed occupation, only those third-country nationals who add value (investment, transfer of technology, job creation) to the economy of the host country. The general criteria for examining requests for admission of third-country nationals in search of employment are set out in Part C of the resolution. The main criterion is that Member States may allow third-country nationals wishing to pursue activities as self-employed persons to enter their territory where it has been duly established that that activity will benefit the economy of the host State.

Part C contains guidelines on the admission procedure. The admission procedure should ensure that persons who quite obviously wish to engage in paid employment or whose partnership or directorship amounts to disguised paid employment are not admitted as self-employed persons. Requests for admission must be accompanied by the following:

documents indicating the nature, scale and duration of the activity the person wishes to engage in;
documents indicating the number of staff likely to be required;
a description of the premises where the activity will be carried out; such premises must be appropriate for the activity concerned;
evidence of the funds available for the intended purpose.

The following could for example be required for assessing compliance with legislation in force, in accordance with national legislation:

proof that the self-employed person meets the conditions of the host Member State regarding professional qualifications and access to the occupation;
in the case of companies or firms, the instrument of incorporation, evidence of publication or registration thereof, and the names of the directors and managerial staff of the associates authorised to act on their behalf;
proof such as police documentation or similar documents, showing the integrity of the person concerned.

Authorisation to engage in a self-employed activity will be granted in accordance with the provisions of national aliens legislation and in writing, for example in the form of a passport stamp or other document. Such authorisation will be personal and non-transferable.

All requests for renewal must, where so required under Member States’ national legislation, be accompanied by documentary evidence that the self-employed person offers guarantees for the continued orderly pursuit of his occupation.

Persons already present in the territory of a Member State as students, trainees, seasonal workers, service providers, contract workers or for other reasons will not as a general rule be permitted to extend their stay for the purpose of establishing themselves as self-employed persons. Such persons must leave the country once the purpose of stay on the basis of which there were given leave to enter the country has ceased to apply.

Nothing in the resolution prevents any Member State from reserving the right to admit to its territory, in compliance with its national legislation, third-country nationals who make substantial investments in the commerce and industry of that Member State if there are important economic grounds for derogating from the principles of the resolution.

The resolution concerns only individuals and does not affect the setting up of firms.
“Activity as a self-employed person” means any activity carried out in a personal capacity or in the legal form of a company or firm within the meaning of the second subparagraph of Article 58 of the EC Treaty, without the person concerned being answerable to an employer in either case.
Only those associates who are actively involved and whose presence is essential to the achievement of the company’s or firm’s aims and to its management may be authorised to establish themselves in the host Member State’s territory.

The resolution does not apply to (Part B of the resolution):

persons who have right of free movement under Community law and members of their families;
third-country nationals who have been allowed admission for the purpose of family reunification.
third-country nationals whose access to employment is covered by rights stemming from agreements concluded with third countries which are governed by Community law;
third-country nationals entering the Member States in order to engage in paid employment;
third-country nationals entering the Member States for study purposes.

4) Deadline For Implementation Of The Legislation In Member States

5) Date Of Entry Into Force (If Different From The Above)

09.10.1996

6) References

Official Journal C 274 of 19.09.1996

7) Follow-Up Work

8) Implementing Measures

Limitations on the admission of third-country nationals for employment

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Limitations on the admission of third-country nationals for employment

Outline of the Community (European Union) legislation about Limitations on the admission of third-country nationals for employment

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Living and working in the internal market

Limitations on the admission of third-country nationals for employment

To establish principles governing Member States’ policies of admission of third-country nationals to their territories for employment.

2) Document or Iniciative

Council Resolution of 20 June 1994 on limitations on admission of third-country nationals to the territory of the Member States for employment [Official Journal C 274 of 19.09.1996].

3) Summary

Current limitations are to be maintained or, where necessary, tightened up in accordance with the report on immigration and asylum policy adopted by the European Council in Maastricht in December 1991, which gave priority to the harmonisation of policies on admission.

While acknowledging the contribution of migrant workers to the economic development of their respective host countries, the Council notes that at present no Member State is pursuing an active immigration policy, which is why temporary admission for employment may be considered only in exceptional circumstances. Present high levels of unemployment increase the need to ensure that job vacancies are filled as far as possible by Community nationals or nationals of EFTA countries which are parties to the EEA agreement.

The Council consequently resolves that the principles set out below should not be relaxed by Member States in their national legislation or in any subsequent revisions of their national legislation. They should bring their national legislation into line with these principles by 1 January 1996, although the principles are not legally binding on them and do not afford grounds for proceedings by individual workers or employers.

Member States’ policies are to observe the principles set out below governing:

admission criteria;
admission procedures;
period of admission;
extension of stay;
business visitors;
third countries with close links with a Member State.

Admission criteria

Member States will consider requests for admission to their territories for the purpose of employment only where vacancies in a Member State cannot be filled by national and Community manpower or by non-Community manpower lawfully resident on a permanent basis in that Member State. In this context they will apply the procedure laid down in Part II of Regulation No 1612/68 on the free movement of workers within the Community.

Third-country nationals may be admitted on a temporary basis, where:

a job is offered to a named worker or named employee of a service provider and is of a special nature in view of the requirement of specialist qualifications (professional qualifications, experience, etc.);
an employer offers vacancies to named workers and the competent authorities consider that the grounds adduced by the employer are justified in view of a temporary manpower shortage on the national or Community labour market which would significantly affect the operation of the business or the employer himself.

Admission procedure

Vacancies are offered to:

seasonal workers in strictly controlled numbers for a specifically defined job;
trainees;
frontier workers;
intra-corporate transferees, i.e. persons temporarily transferred by their company as key personnel.

Third-country nationals will not be admitted unless they have been given prior authorisation to take up employment. The authorisation may be in the form of a work permit issued to either the employer or the employee.
Third-country nationals must also be in possession of any necessary visa or residence permit.
Initial authorisation for employment will normally be restricted to employment in a specific job with a specified employer.

Period of admission

A seasonal worker will be admitted for a maximum of six months in any twelve-month period, and must remain outside the territories of the Member States for a period of at least six months before being readmitted for employment.
Trainees will be admitted for a maximum period of one year in the first instance. This period may be fixed at more than a year and extended exclusively for the time needed to obtain a professional qualification recognised by the Member State concerned in the sphere of their activity. Other third-country nationals admitted to the territories of the Member States for employment will be admitted for a period not exceeding four years in the first instance.

Extension of stay

A person already present in the territory of a Member State as a visitor or student will not in principle be permitted to extend his stay for the purpose of taking or seeking employment. Such persons must return to their own countries on conclusion of their visit or studies. In principle a person admitted as a trainee or service provider or employee of a service provider will not be permitted to extend his stay in authorised employment except in order to complete the training or activity under contract for which he was admitted.

A seasonal worker will not be permitted to extend his stay for the purpose of taking employment of a different type. An extension of the period of his stay may be authorised to allow him to complete the work for which the original authorisation was granted. However, the total length of his stay may not exceed six months in any twelve-month period. Other workers may be permitted to extend their period of stay in authorised employment, but only if they continue to satisfy the criteria originally applied to the decision on whether to admit them for authorised employment.

The Member States will examine the desirability of issuing a permanent residence permit to third-country nationals who have had restrictions on their employment lifted.

Business visitors

It is possible to admit as workers third-country nationals not residing in the territory of a Member State who are seeking entry to:

negotiate for the supply of goods or services;
deliver goods or assemble machinery manufactured in a third country as part of a supply contract, provided that such persons will be dealing only with businesses in the territory of the Member State and not with the general public and that any one visit and possibly the work permit does not exceed six months.

Third countries with close links with a Member State

A Member State may continue to admit third-country nationals to its territory for the purpose of employment pursuant to pre-existing arrangements. The Member States will undertake as soon as possible to renegotiate such arrangements in accordance with the terms of this resolution.

The resolution does not apply to:

persons who have right of free movement under Community law and members of their families;
third-country nationals who have been allowed admission for the purpose of family reunification;
third-country nationals whose access to employment is covered by rights stemming from agreements governed by Community law concluded with third countries;
persons undertaking casual work in the course of youth exchange or youth mobility schemes, including “au pairs”;
persons entering Member States in order to pursue economic activities as self-employed persons or to set up and/or manage a business/undertaking which they effectively control;
applicants for asylum;
third-country nationals admitted for asylum;
displaced persons who are temporarily admitted;
persons exceptionally allowed to stay on humanitarian grounds.

The annex contains definitions of the following terms: “trainees”, “seasonal workers”, “frontier workers” and “intra-corporate transferee”.

4) Implementing Measures

5) Follow-Up Work

Common standards and procedures for returning illegal immigrants

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Common standards and procedures for returning illegal immigrants

Outline of the Community (European Union) legislation about Common standards and procedures for returning illegal immigrants

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Free movement of persons asylum and immigration

Common standards and procedures for returning illegal immigrants

Document or Iniciative

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.

Summary

This directive provides Member States with common standards and procedures for returning third-country nationals staying illegally on their territories, with certain exceptions. Member States must however ensure that the treatment and level of protection of third-country nationals excluded from the scope of the directive corresponds at least to certain of its provisions on coercive measures, removal, health care and detention. In all cases, Member States must respect the principle of non-refoulement and take into consideration the best interest of children, family life and the health of the person concerned.

A return decision must be issued by a Member State to the third-country national staying illegally on its territory. If the third-country national has a valid residence permit or equivalent from another Member State, s/he must immediately return to that Member State. If another Member State takes back an illegally staying third-country national under a bilateral agreement, that Member State will be responsible for issuing the return decision. Due to compassionate, humanitarian or other reasons, a Member State may provide an illegally staying third-country national with an autonomous residence permit or an equivalent right to stay. Member States should not issue return decisions before the pending procedures for renewing such permits have come to an end.

The return decision must allow for a period of voluntary departure of between seven and 30 days for the illegally staying third-country national. Member States may require that this period is applied for by the person in question. In particular circumstances, the period for voluntary departure may be prolonged. Member States may also impose certain obligations on the third-country national for the duration of this period in order to prevent him/her from fleeing. When the illegally staying third-country national risks fleeing, has submitted a fraudulent application or poses a risk to public/national security, the Member State may grant a shorter period of voluntary departure or no period at all.

If no period is granted, or if the third-country national has not complied with the return decision within the period granted, the Member State must enforce his/her removal. Coercive measures that are proportionate and do not exceed reasonable force may be used only as a final solution to remove third-country nationals. The removal of a third-country national must be postponed if it breaches the principle of non-refoulement or if the return decision has been temporarily suspended. Member States may also postpone removals in particular circumstances.

An entry ban may be given together with a return decision. However, it must be provided when no period of voluntary departure is granted or when the illegally staying third-country national has not complied with the return decision. The duration of the entry ban must be set on a case-by-case basis, taking into consideration the particular circumstances of the person concerned. In principle, the duration may not be longer than five years, unless the third-country national poses a threat to public/national security. Member States may choose to withdraw or suspend an entry ban for particular reasons. In humanitarian cases, they may even decide to not issue such a ban.

Decisions on returns, entry bans and removals must be provided in writing and accompanied by information on available remedies. On request, the Member State must provide a translation of these to the third-country national, unless it issues decisions by means of a standard form.

Third-country nationals must be given the possibility to appeal against or seek review of return decisions, as well as to obtain legal assistance/representation free of charge. The decisions are to be reviewed by a competent judicial or administrative authority or a competent body composed of members who are impartial and who enjoy safeguards of independence. The review body will have the power to temporarily suspend the enforcement of the decisions.

In specific cases, and when less coercive measures are not sufficient, Member States may detain a third-country national during the return procedure if s/he risks fleeing or avoids/obstructs the preparation of return or the removal process. Detentions are ordered in writing by administrative or judicial authorities and must be reviewed regularly. The detention period must be as short as possible and not more than six months. Only in particular circumstances, when the removal of a third-country national might exceed the time limit set, Member States may prolong detention by a maximum of 12 months. Specialised detention facilities are to be used for the purpose; however, if this is not feasible, Member States may use prison accommodation with separate quarters for the third-country nationals.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 2008/115/EC	13.1.2009	24.12.2010 (24.12.2011 for Article 13(4))	OJ L 348 of 24.12.2008