Europaudvalget 2017-18
Det Europæiske Råd 14/12-17 Bilag 4
Offentligt
1831413_0001.png
8 December 2017
TF50 (2017) 20
–
Commission to EU 27
Subject:
Origin:
Citizens' rights
European Commission, Task Force for the Preparation and
Conduct of the Negotiations with the United Kingdom under
Article 50 TEU and the UK
The joint technical note attached expresses the detailed consensus
of the UK and EU positions
Remarks:
Published on the TF50 website on 8 December 2017
 Det Europæiske Råd den 14. december 2017 - Bilag 4: Rapport vedr. fase 1 af Art. 50-forhandlingerne samt fælles teknisk note om borgerrettigheder
1831413_0002.png
COMPARISON OF EU/UK POSITIONS
ON CITIZENS’ RIGHTS –
December 2017
The worki g group o pleted a
the Withdrawal Agreement.
appi g of the alig
e t etwee the two parties’ positio s i respe t of the Citize s’ Rights part of
This joint technical note expresses the detailed consensus reached to date on the UK and EU positions.
#
1
TOPIC
Use of EU law
concepts
DETAIL
EU POSITION
EU law concepts used in Withdrawal
Agreement interpreted in line with case
law of the Court of Justice of the
European Union by the specified date.
The
spe ified date is the ti e of the UK’s
withdrawal.
EU citizens and UK nationals resident in
accordance with Article 6(1), 7(1)(a)
–
(c)
or (3), 12(3), 14, 16(1) and/or 17 of
Directive 2004/38/EC.
EU citizens and UK nationals resident in
accordance with Article 21 TFEU.
Those who are working as a frontier
worker on the specified date fall within
the scope of the Withdrawal Agreement
for as long as they retain the status of a
frontier worker in the State of work. Such
workers retain the rights they currently
enjoy to enter and to work in the State of
work. The rights they enjoy in their
country of residence, including the right
to work, are similarly protected.
A frontier worker, as defined in EU law, is
a UK national or an EU citizen pursuing
genuine and effective work as an
employed or self-employed person in one
or more States and who resides in
1
UK POSITION
EU law concepts used in Withdrawal
Agreement interpreted in line with case
law of the Court of Justice of the
European Union by the specified date.
The spe ified date is the ti e of the UK’s
withdrawal.
EU citizens and UK nationals resident in
accordance with Article 6(1), 7(1)(a)
–
(c)
or (3), 12(3), 14, 16(1) and/or 17 of
Directive 2004/38/EC.
EU citizens and UK nationals resident in
accordance with Article 21 TFEU.
Those who are working as a frontier
worker on the specified date fall within
the scope of the Withdrawal Agreement
for as long as they retain the status of a
frontier worker in the State of work. Such
workers retain the rights they currently
enjoy to enter and to work in the State of
work. The rights they enjoy in their
country of residence, including the right
to work, are similarly protected.
A frontier worker, as defined in EU law, is
a UK national or an EU citizen pursuing
genuine and effective work as an
employed or self-employed person in one
or more States and who resides in
ISSUES
2
3a
Personal scope
Specified date
Personal scope
3b
4
Frontier workers
4a
 Det Europæiske Råd den 14. december 2017 - Bilag 4: Rapport vedr. fase 1 af Art. 50-forhandlingerne samt fælles teknisk note om borgerrettigheder
1831413_0003.png
COMPARISON OF EU/UK POSITIONS
ON CITIZENS’ RIGHTS –
December 2017
another State
(irrespective of whether the
person also works in the State of
residence),
unless or until they no longer
retain the status of a worker in the State
of work
(equivalent to that as defined in
Directive 2004/38/EC)
or they cease to
work across the frontier into the State of
work in accordance with Articles 45 and
49 TFEU and Regulation (EU) No
492/2011.
Irrespective of their nationality, the
following will be treated as family
members of right holders:
Family members as defined in Article 2 of
Directive 2004/38/EC who are resident in
accordance with Article 6(2), 7(1)(d), 7(2),
16(2) or 17(3) or (4) of Directive
2004/38/EC;
Other family members as defined under
Article 3 of Directive 2004/38/EC who are
resident in accordance with Article 6(2),
7(1)(d), 7(2), 16(2) or 17(3) or (4) of
Directive 2004/38/EC.
EU citizens who are lawfully resident in
accordance with Article 21 TFEU.
All family members as referred to in
Article 2 of Directive 2004/38/EC,
provided they were related to the right
holder on the specified date and they
continue to be so related at the point
they wish to join the right holder.
The UK and EU27 will facilitate entry and
residence of partners in a durable
2
another State
(irrespective of whether the
person also works in the State of
residence),
unless or until they no longer
retain the status of a worker in the State
of work
(equivalent to that as defined in
Directive 2004/38/EC)
or they cease to
work across the frontier into the State of
work in accordance with Articles 45 and
49 TFEU and Regulation (EU) No
492/2011.
Irrespective of their nationality, the
following will be treated as family
members of right holders:
Family members as defined in Article 2 of
Directive 2004/38/EC who are resident in
accordance with Article 6(2), 7(1)(d), 7(2),
16(2) or 17(3) or (4) of Directive
2004/38/EC;
Other family members as defined under
Article 3 of Directive 2004/38/EC who are
resident in accordance with Article 6(2),
7(1)(d), 7(2), 16(2) or 17(3) or (4) of
Directive 2004/38/EC.
EU citizens who are lawfully resident in
accordance with Article 21 TFEU.
All family members as referred to in
Article 2 of Directive 2004/38/EC,
provided they were related to the right
holder on the specified date and they
continue to be so related at the point
they wish to join the right holder.
The UK and EU27 will facilitate entry and
residence of partners in a durable
5
Family members
5a
a) those who are lawfully
resident in the host State
on the specified date
5b
5c
5d
b) those who are related to
the right holder on the
specified date but reside
outside the host State
5e
 Det Europæiske Råd den 14. december 2017 - Bilag 4: Rapport vedr. fase 1 af Art. 50-forhandlingerne samt fælles teknisk note om borgerrettigheder
1831413_0004.png
COMPARISON OF EU/UK POSITIONS
ON CITIZENS’ RIGHTS –
December 2017
relationship
(Article 3(2)(b) of Directive
2004/38/EC)
after the specified date in
accordance with national legislation if the
partners did not reside in the host State
on the specified date, the relationship
existed and was durable on the specified
date and continues to exist at the point
they wish to join the right holder.
c) those who become Children born, or legally adopted, after
related to the right holder the specified date, whether inside or
after the specified date
outside the host State, where:
o
the child is born to, or legally
adopted by, parents who are both
protected by the Withdrawal
Agreement or where one parent is
protected by the Withdrawal
Agreement and the other is a
national of the host State; or
o
the child is born to, or legally
adopted by, a parent who is
protected by the Withdrawal
Agreement and who has sole or
joint custody of the child under the
applicable family law of a EU27
Member State or UK and without
prejudging the normal operation of
that law, in particular as regards the
best interests of the child.
The right to be joined by other family
members, not specified above, after the
specified date will be subject to national
law.
3
relationship
(Article 3(2)(b) of Directive
2004/38/EC)
after the specified date in
accordance with national legislation if the
partners did not reside in the host State
on the specified date, the relationship
existed and was durable on the specified
date and continues to exist at the point
they wish to join the right holder.
Children born, or legally adopted, after
the specified date, whether inside or
outside the host State, where:
o
the child is born to, or legally
adopted by, parents who are both
protected by the Withdrawal
Agreement or where one parent is
protected by the Withdrawal
Agreement and the other is a
national of the host State; or
o
the child is born to, or legally
adopted by, a parent who is
protected by the Withdrawal
Agreement and who has sole or
joint custody of the child under the
applicable family law of a EU27
Member State or UK and without
prejudging the normal operation of
that law, in particular as regards the
best interests of the child.
The right to be joined by other family
members, not specified above, after the
specified date will be subject to national
law.
5f
5f(i)
5f(ii)
5g
 Det Europæiske Råd den 14. december 2017 - Bilag 4: Rapport vedr. fase 1 af Art. 50-forhandlingerne samt fælles teknisk note om borgerrettigheder
1831413_0005.png
COMPARISON OF EU/UK POSITIONS
ON CITIZENS’ RIGHTS –
December 2017
6
Change of status
Rights under the Withdrawal Agreement
of EU/UK national family members are
maintained irrespective of changes in
status
(e.g. an EU citizen dependent child
becoming a worker, student, self-
sufficient person or self-employed person).
Family members with a retained right of
residence who are lawfully resident in
accordance with Article 12 and 13 of
Directive 2004/38/EC on the specified
date will fall within the scope of the
Withdrawal Agreement.
Rights of EU child to pursue education
(based on judgments in cases C-200/02
Chen
and C-480/08
Teixeira)
protected for
period of hild’s edu atio .
Permanent or temporary residence will
be granted in accordance with the
objective criteria established in the
Withdrawal Agreement (i.e. no discretion,
unless in favour of the applicant).
Temporary residence will be granted on
the basis of less than 5 years’
reside e to
those who fulfil the conditions of Article 6
and 7 of Directive 2004/38/EC
–
right to
change status
(e.g. student to worker)
will
be maintained.
Definition of continuity of residence as
per Article 16 (3) and 21 of Directive
2004/38/EC
(i.e. permitted absence of 6
months in any 12 months or 12 months
for an important reason e.g. childbirth).
4
Rights under the Withdrawal Agreement
of EU/UK national family members are
maintained irrespective of changes in
status
(e.g. an EU citizen dependent child
becoming a worker, student, self-
sufficient person or self-employed person).
Family members with a retained right of
residence who are lawfully resident in
accordance with Article 12 and 13 of
Directive 2004/38/EC on the specified
date will fall within the scope of the
Withdrawal Agreement.
Rights of EU child to pursue education
(based on judgments in cases C-200/02
Chen
and C-480/08
Teixeira)
protected for
period of hild’s edu atio .
Permanent or temporary residence will be
granted in accordance with the objective
criteria established in the Withdrawal
Agreement (i.e. no discretion, unless in
favour of the applicant).
Temporary residence will be granted on
the basis of less than 5 years’
reside e to
those who fulfil the conditions of Article 6
and 7 of Directive 2004/38/EC - right to
change status
(e.g. student to worker)
will
be maintained.
Definition of continuity of residence as
per Article 16 (3) and 21 of Directive
2004/38/EC
(i.e. permitted absence of 6
months in any 12 months or 12 months
for an important reason e.g. childbirth).
7
Retained right of residence
8
Children and education
9
Residence
Eligibility criteria
10
Temporary residence
11
Continuity of residence
 Det Europæiske Råd den 14. december 2017 - Bilag 4: Rapport vedr. fase 1 af Art. 50-forhandlingerne samt fælles teknisk note om borgerrettigheder
1831413_0006.png
COMPARISON OF EU/UK POSITIONS
ON CITIZENS’ RIGHTS –
December 2017
12
Permanent residence
Conditions for acquiring permanent
residence as per Article 16 of Directive
2004/38/EC
(5 years of continuous and
lawful residence as a worker/self-
employed person, student, self-sufficient
person (Article 7(1)(b) of Directive
2004/38/EC), or family member thereof),
with periods of lawful residence prior to
the specified date included in the
calculation of the five year condition.
Conditions for acquiring permanent
residence as per Articles 17 and 18 of
Directive 2004/38/EC
(e.g. retired people,
permanent incapacity).
permanent Loss of permanent residence status after
absence for a period exceeding five
consecutive years.
Conditions for acquiring permanent
residence as per Article 16 of Directive
2004/38/EC
(5 years of continuous and
lawful residence as a worker/self-
employed person, student, self-sufficient
person (Article 7(1)(b) of Directive
2004/38/EC), or family member thereof),
with periods of lawful residence prior to
the specified date included in the
calculation of the five year condition.
Conditions for acquiring permanent
residence as per Article 17 and 18 of
Directive 2004/38/EC
(e.g. retired people,
permanent incapacity).
Loss of permanent residence/settled
status after absence for a period
exceeding five consecutive years.
States are not obliged, either under
Article 16 or other provisions of Directive
2004/38/EC, to terminate permanent
residence status whenever five years of
absence are exceeded.
Any restrictions of rights on grounds of
public policy or security related to
conduct prior to the specified date of
persons covered by the Withdrawal
Agreement will be in accordance with
Chapter VI of Directive 2004/38/EC.
Any restrictions of rights on grounds of
public policy or security related to
conduct after the specified date will be in
accordance with national law.
13
14
Loss
of
residence
15
16
States are not obliged, either under
Article 16 or other provisions of Directive
2004/38/EC, to terminate permanent
residence status whenever five years of
absence are exceeded.
Criminality committed by Any restrictions of rights on grounds of
the specified date
public policy or security related to
conduct prior to the specified date of
persons covered by the Withdrawal
Agreement will be in accordance with
Chapter VI of Directive 2004/38/EC.
Criminality committed after Any restrictions of rights on grounds of
the specified date
public policy or security related to
conduct after the specified date will be in
accordance with national law.
5
 Det Europæiske Råd den 14. december 2017 - Bilag 4: Rapport vedr. fase 1 af Art. 50-forhandlingerne samt fælles teknisk note om borgerrettigheder
1831413_0007.png
COMPARISON OF EU/UK POSITIONS
ON CITIZENS’ RIGHTS –
December 2017
17
Abuse of rights and The host State may adopt the necessary
fraudulent applications
measures to refuse, terminate or
withdraw any right conferred by the
Withdrawal Agreement in the case of
abuse of those rights or fraud as per
Article 35 of Directive 2004/38/EC.
Such measures should be subject to the
procedural safeguards provided for in row
18.
Procedural safeguards and There will be safeguards in the
judicial redress
Withdrawal Agreement for a fair
procedure, and decisions will be subject
to the redress mechanisms and judicial
controls provided in Articles 15 and 30 -
32 of Directive 2004/38/EC.
Associated rights, including Individuals will maintain all their rights,
economic rights and equal including equal treatment, within the
treatment
limits of Articles 18, 21, 45 and 49 TFEU,
Article 24 of Directive 2004/38/EC and
Regulation (EU) No 492/2011 including
rights of workers, self-employed, students
and economically inactive citizens with
respect to social security, social
assistance, health care, employment, self-
employment
and
managing
an
undertaking
(for example, the right to
equal treatment in the participation in the
capital of EU companies or firms),
education
(including higher education)
and training, social and tax advantages.
Duration of rights
Life-long protection for the right holder as
guaranteed
by
the
Withdrawal
6
The host State may adopt the necessary
measures to refuse, terminate or
withdraw any right conferred by the
Withdrawal Agreement in the case of
abuse of those rights or fraud as per
Article 35 of Directive 2004/38/EC.
Such measures should be subject to the
procedural safeguards provided for in row
18.
There will be safeguards in the
Withdrawal Agreement for a fair
procedure, and decisions will be subject
to the redress mechanisms and judicial
controls provided in Articles 15 and 30 -
32 of Directive 2004/38/EC.
Individuals will maintain all their rights,
including equal treatment, within the
limits of Articles 18, 21, 45 and 49 TFEU,
Article 24 of Directive 2004/38/EC and
Regulation (EU) No 492/2011 including
rights of workers, self-employed, students
and economically inactive citizens with
respect to social security, social
assistance, health care, employment, self-
employment
and
managing
an
undertaking
(for example, the right to
equal treatment in the participation in the
capital of EU companies or firms),
education
(including higher education)
and training, social and tax advantages.
Life-long protection for the right holder as
guaranteed
by
the
Withdrawal
18
19
20
 Det Europæiske Råd den 14. december 2017 - Bilag 4: Rapport vedr. fase 1 af Art. 50-forhandlingerne samt fælles teknisk note om borgerrettigheder
1831413_0008.png
COMPARISON OF EU/UK POSITIONS
ON CITIZENS’ RIGHTS –
December 2017
Agreement.
21
More favourable treatment
More favourable national provisions can
apply in accordance with Article 37 of
Directive 2004/38/EC.
Administrative procedures States can continue with the present
–
declaratory system
system under which entitlement to rights
under the Withdrawal Agreement is
conferred directly on beneficiaries by the
Withdrawal Agreement and is not
dependent upon their having fulfilled
administrative procedures.
Possession of a residence document may
not be made a precondition for the
exercise of the entitlement, as it may be
attested by any other means of proof.
Administrative procedures Alternatively, States can require persons
–
constitutive system
concerned to apply to obtain a status
conferring the rights of residence as
provided for by the Withdrawal
Agreement and be issued with a
residence document attesting to the
existence of that right.
Where the host State requires persons
concerned to apply for a status, no status
is obtained if no successful application is
made, subject to the paragraph below.
Agreement.
More favourable national provisions can
apply in accordance with Article 37 of
Directive 2004/38/EC.
States can continue with the present
system under which entitlement to rights
under the Withdrawal Agreement is
conferred directly on beneficiaries by the
Withdrawal Agreement and is not
dependent upon their having fulfilled
administrative procedures.
Possession of a residence document may
not be made a precondition for the
exercise of the entitlement, as it may be
attested by any other means of proof.
Alternatively, States can require persons
concerned to apply to obtain a status
conferring the rights of residence as
provided for by the Withdrawal
Agreement and be issued with a
residence document attesting to the
existence of that right.
Where the host State requires persons
concerned to apply for a status, no status
is obtained if no successful application is
made, subject to the paragraph below.
22
Administrative
procedures
23
Where an application is required to Where an application is required to
obtain status, adequate time of at least obtain status, adequate time of at least
two years must be allowed to persons two years must be allowed to persons
7
 Det Europæiske Råd den 14. december 2017 - Bilag 4: Rapport vedr. fase 1 af Art. 50-forhandlingerne samt fælles teknisk note om borgerrettigheder
1831413_0009.png
COMPARISON OF EU/UK POSITIONS
ON CITIZENS’ RIGHTS –
December 2017
within scope of the Withdrawal
Agreement to submit their applications.
During this time period, they will enjoy
the rights conferred by the Withdrawal
Agreement.
Administrative procedures Administrative
procedures
for
in general
applications for status will be transparent,
smooth and streamlined.
The Withdrawal Agreement will specify
that the host States cannot require
anything more than is strictly necessary
and proportionate to determine whether
the criteria have been met. The
Withdrawal Agreement will contain
provisions that follow a similar approach
to the provisions on evidential
requirements in Directive 2004/38/EC.
The host State will avoid any unnecessary
administrative burdens.
Application forms will be short, simple,
user friendly and adjusted to the context
of the Withdrawal Agreement.
Competent authorities will give applicants
the opportunity to furnish supplementary
evidence or remedy any deficiencies
where it appears a simple omission has
taken place. A principle of evidential
flexibility will apply, enabling competent
authorities to exercise discretion in favour
of the applicant where appropriate.
The host State will work with the
applicants to help them prove their
eligibility
under
the
Withdrawal
8
within scope of the Withdrawal
Agreement to submit their applications.
During this time period, they will enjoy
the rights conferred by the Withdrawal
Agreement.
Administrative
procedures
for
applications for status will be transparent,
smooth and streamlined.
The Withdrawal Agreement will specify
that the host States cannot require
anything more than is strictly necessary
and proportionate to determine whether
the criteria have been met. The
Withdrawal Agreement will contain
provisions that follow a similar approach
to the provisions on evidential
requirements in Directive 2004/38/EC.
The host State will avoid any unnecessary
administrative burdens.
Application forms will be short, simple,
user friendly and adjusted to the context
of the Withdrawal Agreement.
Competent authorities will give applicants
the opportunity to furnish supplementary
evidence or remedy any deficiencies
where it appears a simple omission has
taken place. A principle of evidential
flexibility will apply, enabling competent
authorities to exercise discretion in favour
of the applicant where appropriate.
The host State will work with the
applicants to help them prove their
eligibility
under
the
Withdrawal
24
25
26
27
28
29
 Det Europæiske Råd den 14. december 2017 - Bilag 4: Rapport vedr. fase 1 af Art. 50-forhandlingerne samt fælles teknisk note om borgerrettigheder
1831413_0010.png
COMPARISON OF EU/UK POSITIONS
ON CITIZENS’ RIGHTS –
December 2017
Agreement and to avoid any errors or
omissions that may impact on the
application decision.
Applications made by families at the same
time will be considered together.
Safeguards
related
to Decisions taken under the procedure for
decision-making procedure obtaining status under the Withdrawal
Agreement will be made in accordance
with objective criteria established in the
Withdrawal Agreement.
There will be no discretion to refuse
status other than for reasons allowed by
the
Withdrawal
Agreement,
but
discretion can be exercised in favour of
the applicant.
A proportionate approach will be taken to
those who miss the deadline for
application where there is a good reason.
Decisions of national authorities and
courts will be subject to the redress
mechanisms and judicial controls
provided in Directive 2004/38/EC.
The Citizens' Rights part of the
Withdrawal Agreement will apply to the
applicants who sought judicial redress
against rejection of their applications until
the decision becomes final. This is without
prejudice to the right of the host State to
remove applicants from the territory
under the conditions set out in Directive
2004/38/EC, in particular Articles 31 and
35, even before a final judgment has been
handed down in case of judicial redress
9
Agreement and to avoid any errors or
omissions that may impact on the
application decision.
Applications made by families at the same
time will be considered together.
Decisions taken under the procedure for
obtaining status under the Withdrawal
Agreement will be made in accordance
with objective criteria established in the
Withdrawal Agreement.
There will be no discretion to refuse
status other than for reasons allowed by
the
Withdrawal
Agreement,
but
discretion can be exercised in favour of
the applicant.
A proportionate approach will be taken to
those who miss the deadline for
application where there is a good reason.
Decisions of national authorities and
courts will be subject to the redress
mechanisms and judicial controls
provided in Directive 2004/38/EC.
The Citizens' Rights part of the
Withdrawal Agreement will apply to the
applicants who sought judicial redress
against rejection of their applications until
the decision becomes final. This is without
prejudice to the right of the host state to
remove applicants from the territory
under the conditions set out in Directive
2004/38/EC, in particular Articles 31 and
35, even before a final judgment has been
handed down in case of judicial redress
30
31
32
33
34
35
 Det Europæiske Råd den 14. december 2017 - Bilag 4: Rapport vedr. fase 1 af Art. 50-forhandlingerne samt fælles teknisk note om borgerrettigheder
1831413_0011.png
COMPARISON OF EU/UK POSITIONS
ON CITIZENS’ RIGHTS –
December 2017
sought against any rejection of their
applications.
Current
holders
of In order to obtain status under the
permanent
residence Withdrawal Agreement by application,
certificate
those already holding a valid permanent
residence document issued under EU law
on the specified date will have that
document converted into the new
document free of charge, subject to
verification of identity, a criminality and
security check and confirmation of
ongoing residence.
This includes beneficiaries of the
Withdrawal Agreement who hold valid
domestic
immigration
documents
conferring a permanent right to reside in
the host State, such as UK Indefinite
Leave to Remain (ILR) status.
Administrative procedures Systematic criminality and security checks
–
criminality checks
can
–
in the specific context of acquiring
status under the Withdrawal Agreement
–
be carried out on all applicants for status
under the Agreement. The applicants can
be asked to declare criminality. Any
consequences arising from such checks
and declarations will be subject to the
procedures in row 23.
ID
requirements
for As per Directive 2004/38/EC
–
valid
documentation
as
a passport or national identity card.
beneficiary
of
the
Withdrawal Agreement
Biometric information (photo) may be
required for UK nationals and EU citizens.
10
sought against any rejection of their
applications.
In order to obtain status under the
Withdrawal Agreement by application,
those already holding a valid permanent
residence document issued under EU law
on the specified date will have that
document converted into the new
document free of charge, subject to
verification of identity, a criminality and
security check and confirmation of
ongoing residence.
This includes beneficiaries of the
Withdrawal Agreement who hold valid
domestic
immigration
documents
conferring a permanent right to reside in
the host State, such as UK Indefinite
Leave to Remain (ILR) status.
Systematic criminality and security checks
can
–
in the specific context of acquiring
status under the Withdrawal Agreement
–
be carried out on all applicants for status
under the Agreement. The applicants can
be asked to declare criminality. Any
consequences arising from such checks
and declarations will be subject to the
procedures in row 23.
As per Directive 2004/38/EC
–
valid
passport or national identity card.
Biometric information (photo) may be
required for UK nationals and EU citizens.
36
37
38
 Det Europæiske Råd den 14. december 2017 - Bilag 4: Rapport vedr. fase 1 af Art. 50-forhandlingerne samt fælles teknisk note om borgerrettigheder
1831413_0012.png
COMPARISON OF EU/UK POSITIONS
ON CITIZENS’ RIGHTS –
December 2017
39
Fees for documentation
Free of charge or for a charge not Free of charge or for a charge not
exceeding that imposed on nationals for exceeding that imposed on nationals for
issuing of similar documents.
issuing of similar documents.
Current holders of permanent residence
documents and beneficiaries of the
Withdrawal Agreement who hold a valid
document conferring a permanent right
to reside in the host State
(such as
Indefinite Leave to Remain in the UK)
to
exchange for updated documentation
free of charge.
Persons within the personal scope of
Regulation (EC) No 883/2004 as covered
in Article 2 who on the specified date are
or have been subject to the legislation of
an EU27 Member State for UK nationals,
or UK legislation for EU27 citizens, and
EU27 and UK nationals within the
personal scope of the agreement by
virtue of residence.
EU and UK citizens having worked or
resided in the EU27/UK in the past will,
for the purposes of aggregation of periods
of social security insurance, including
rights flowing from such periods, in
accordance with Regulation (EC) No
883/2004 be covered by the Withdrawal
Agreement.
Contributions both before and after the
40
41
42
1
Current holders of permanent residence
documents and beneficiaries of the
Withdrawal Agreement who hold a valid
document conferring a permanent right
to reside in the host State
(such as
Indefinite Leave to Remain in the UK)
to
exchange for updated documentation
free of charge.
1
Social security Personal scope
Persons within the personal scope of
coordination
Regulation (EC) No 883/2004 as covered
in Article 2 who on the specified date are
or have been subject to the legislation of
an EU27 Member State for UK nationals,
or UK legislation for EU27 citizens, and
EU27 and UK nationals within the
personal scope of the agreement by
virtue of residence.
Past residence and work
EU and UK citizens having worked or
resided in the EU27/UK in the past will,
for the purposes of aggregation of periods
of social security insurance, including
rights flowing from such periods, in
accordance with Regulation (EC) No
883/2004 be covered by the Withdrawal
Agreement.
Past
and
future Contributions both before and after the
This includes stateless persons and refugees
(Article 2(2) of Regulation (EC) No 883/2004).
11
 Det Europæiske Råd den 14. december 2017 - Bilag 4: Rapport vedr. fase 1 af Art. 50-forhandlingerne samt fælles teknisk note om borgerrettigheder
1831413_0013.png
COMPARISON OF EU/UK POSITIONS
ON CITIZENS’ RIGHTS –
December 2017
contributions
–
Aggregation
under the Withdrawal
Agreement
Equal treatment
specified date in the EU27 and the UK will
be recognised for those covered by the
Withdrawal Agreement.
Equal treatment under the conditions set
out in EU law.
Benefits
All those referred to in Regulation (EC) No
883/2004.
Benefits
–
export of Lifetime export under conditions in
benefits
Regulation (EC) No 883/2004, including
lifetime export of uprated pensions.
Healthcare
–
material scope The rules for healthcare will follow
Regulations (EC) No 883/2004 and
987/2009.
specified date in the EU27 and the UK will
be recognised for those covered by the
Withdrawal Agreement.
Equal treatment under the conditions set
out in EU law.
All those referred to in Regulation (EC) No
883/2004.
Lifetime export under conditions in
Regulation (EC) No 883/2004, including
lifetime export of uprated pensions.
The rules for healthcare will follow
Regulations (EC) No 883/2004 and
987/2009.
For instance, responsibility for funding
healthcare lies with the competent
authority for State Pensions.
Persons whose competent State is the UK
and are in the EU27 on the specified date
(and vice versa)
–
whether on a
temporary stay or resident
–
continue to
be eligible for healthcare reimbursement,
including under the EHIC scheme, as long
as that stay or residence position
continues.
This includes, for instance, EU27 citizens
working in the UK on the specified date
(and vice versa for UK nationals in the
EU27);
EU27 pensioners living in the UK
on the specified date
(and vice versa);
and
EU27 nationals studying in the UK on the
specified date
(and vice versa).
43
44
45
46
47
Healthcare
scope
–
personal Persons whose competent State is the UK
and are in the EU27 on the specified date
(and vice versa)
–
whether on a
temporary stay or resident
–
continue to
be eligible for healthcare reimbursement,
including under the EHIC scheme, as long
as that stay or residence position
continues.
This includes, for instance, EU27 citizens
working in the UK on the specified date
(and vice versa for UK nationals in the
EU27);
EU27 pensioners living in the UK
on the specified date
(and vice versa);
and
EU27 nationals studying in the UK on the
specified date
(and vice versa).
12
 Det Europæiske Råd den 14. december 2017 - Bilag 4: Rapport vedr. fase 1 af Art. 50-forhandlingerne samt fælles teknisk note om borgerrettigheder
1831413_0014.png
COMPARISON OF EU/UK POSITIONS
ON CITIZENS’ RIGHTS –
December 2017
The Withdrawal Agreement also covers
entitlement to healthcare reimbursement
under the S1 scheme that arises by virtue
of past residence or work, in accordance
with the personal scope of the agreement
in relation to social security rights.
It will also protect the position of people
who are undertaking a course of
treatment started before the specified
date for the duration of that treatment
course, irrespective of residence.
All other coordination principles of
Regulation (EC) No 883/2004.
Cooperation between national authorities
as set out in Regulations (EC) No
883/2004 and 987/2009.
For rights and obligations set out in
Regulations (EC) No 883/2004 and
987/2009 on the coordination of social
security systems, a mechanism should be
established to decide jointly on the
incorporation of future amendments to
those regulations in the Withdrawal
Agreement.
The rights of EU27 persons resident in the
UK on the specified date and vice versa as
well as frontier workers.
Equal
treatment
with
national
professionals
(Articles 45 and 49 TFEU)
where professionals are resident in the
UK on the specified date and vice versa.
13
The Withdrawal Agreement also covers
entitlement to healthcare reimbursement
under the S1 scheme that arises by virtue
of past residence or work, in accordance
with the personal scope of the agreement
in relation to social security rights.
It will also protect the position of people
who are undertaking a course of
treatment started before the specified
date for the duration of that treatment
course, irrespective of residence.
All other coordination principles of
Regulation (EC) No 883/2004.
Cooperation between national authorities
as set out in Regulations (EC) No
883/2004 and 987/2009.
For rights and obligations set out in
Regulations (EC) No 883/2004 and
987/2009 on the coordination of social
security systems, a mechanism should be
established to decide jointly on the
incorporation of future amendments to
those regulations in the Withdrawal
Agreement.
The rights of EU27 persons resident in the
UK on the specified date and vice versa as
well as frontier workers.
Equal
treatment
with
national
professionals
(Articles 45 and 49 TFEU)
where professionals are resident in the
UK on the specified date and vice versa.
48
49
Coordination principles
Administrative cooperation
50
51
Professional
qualifications
Personal scope
52
Equal treatment
 Det Europæiske Råd den 14. december 2017 - Bilag 4: Rapport vedr. fase 1 af Art. 50-forhandlingerne samt fælles teknisk note om borgerrettigheder
1831413_0015.png
COMPARISON OF EU/UK POSITIONS
ON CITIZENS’ RIGHTS –
December 2017
53
53a
Material scope
To be grandfathered:
To be grandfathered:
o
decisions on recognition of EU 28
o
decisions on recognition of EU 28
qualifications granted before the
qualifications granted before the
specified date either in the UK or in
specified date either in the UK or in
any other EU 27 under Title III of
any other EU 27 under Title III of
Directive 2005/36/EC
(PQD),
Article
Directive 2005/36/EC
(PQD),
Article
10 of Directive 98/5/EC
(lawyers
10 of Directive 98/5/EC
(lawyers
practising under host title)
and
practising under host title)
and
Article 14 of Directive 2006/43/EC
Article 14 of Directive 2006/43/EC
(approved statutory auditors).
(approved statutory auditors).
o
decisions on recognition of third
o
decisions on recognition of third
country qualifications which have
country qualifications which have
been
assimilated
to
EU
been assimilated to EU qualifications
qualifications after three years of
after three years of exercise in the
exercise in the EU28 country which
EU28 country which first recognised
first recognised them.
them.
o
on-going recognition procedures to
o
on-going recognition procedures to
be completed under the rules
be completed under the rules
applicable before the specified date
applicable before the specified date
(both
EU
and
third-country
(both
EU
and
third-country
recognitions)
including ongoing
recognitions)
including ongoing
compensatory measures to obtain
compensatory measures to obtain
recognition under Title III of
recognition under Title III of
Directive 2005/36/EC
(PQD),
Article
Directive 2005/36/EC
(PQD),
Article
14
of
Directive
2006/43/EC
14
of
Directive
2006/43/EC
(approved statutory auditors)
and
(approved statutory auditors)
and
Article 10 of Directive 98/5/EC
Article 10 of Directive 98/5/EC
(lawyers practising under host title)
(lawyers practising under host title)
including procedures under Article
including procedures under Article
10(1) of Directive 98/5/EC.
10(1) of Directive 98/5/EC.
Grandfathering
of
decisions
on Grandfathering
of
decisions
on
recognition of qualifications in the host recognition of qualifications in the host
14
53b
53c
54
Territorial scope
 Det Europæiske Råd den 14. december 2017 - Bilag 4: Rapport vedr. fase 1 af Art. 50-forhandlingerne samt fælles teknisk note om borgerrettigheder
1831413_0016.png
COMPARISON OF EU/UK POSITIONS
ON CITIZENS’ RIGHTS –
December 2017
State and, for frontier workers, in the
State of work.
Governance
Direct effect
The provision in the Agreement should
enable citizens to rely directly on their
(for
the
rights as set out in the citizens' rights Part
Governance
of the Agreement and should specify that
part of the
inconsistent or incompatible rules and
Agreement)
provisions will be disapplied.
Role of the Court of Justice The citizens' rights Part of the Agreement
of the European Union
establishes rights following on from those
esta lished i U io law duri g the UK’s
membership of the European Union; the
CJEU is the ultimate arbiter of the
interpretation of Union law. In the
context
of
the
application
or
interpretation of those rights, UK courts
shall therefore have due regard to
relevant decisions of the CJEU after the
specified date. The Agreement should
also establish a mechanism enabling UK
courts or tribunals to decide, having had
due regard to whether relevant case-law
exists, to ask the CJEU questions of
interpretation of those rights where they
consider that a CJEU ruling on the
question is necessary for the UK court or
tribunal to be able to give judgment in a
case before it. This mechanism should be
available for UK courts or tribunals for
litigation brought within 8 years from the
date of application of the citizens' rights
Part.
15
State and, for frontier workers, in the
State of work.
The provision in the Agreement should
enable citizens to rely directly on their
rights as set out in the citizens' rights Part
of the Agreement and should specify that
inconsistent or incompatible rules and
provisions will be disapplied
.
The citizens' rights Part of the Agreement
establishes rights following on from those
esta lished i U io law duri g the UK’s
membership of the European Union; the
CJEU is the ultimate arbiter of the
interpretation of Union law. In the
context
of
the
application
or
interpretation of those rights, UK courts
shall therefore have due regard to
relevant decisions of the CJEU after the
specified date. The Agreement should
also establish a mechanism enabling UK
courts or tribunals to decide, having had
due regard to whether relevant case-law
exists, to ask the CJEU questions of
interpretation of those rights where they
consider that a CJEU ruling on the
question is necessary for the UK court or
tribunal to be able to give judgment in a
case before it. This mechanism should be
available for UK courts or tribunals for
litigation brought within 8 years from the
date of application of the citizens' rights
Part.
55
56
 Det Europæiske Råd den 14. december 2017 - Bilag 4: Rapport vedr. fase 1 af Art. 50-forhandlingerne samt fælles teknisk note om borgerrettigheder
1831413_0017.png
COMPARISON OF EU/UK POSITIONS
ON CITIZENS’ RIGHTS –
December 2017
57
Monitoring and oversight
The implementation and application of
the citizens' rights Part will be monitored
in the Union by the Commission acting in
conformity with the Union Treaties. In the
UK, this role will be fulfilled by an
independent national authority
; its scope
The implementation and application of
the citizens' rights Part will be monitored
in the Union by the Commission acting in
conformity with the Union Treaties. In the
UK, this role will be fulfilled by an
independent national authority
; its
and functions, including its role in
acting on citizens' complaints, will be
discussed between the parties in the
next phase of the negotiations and
reflected
in
the
Withdrawal
Agreement.
There should be regular
scope and functions, including its role
in acting on citizens' complaints, will
be discussed between the parties in
the next phase of the negotiations and
reflected
in
the
Withdrawal
Agreement.
There should be regular
58
Other matters
exchange of information between the UK exchange of information between the UK
government and the Commission.
government and the Commission.
The following other matters were raised by the UK, but were outside the scope of the
EU mandate for the first phase of the negotiations.
the continuing protection of rights for UK nationals covered by the Withdrawal
Agreement who move after the specified date to take up residence in another
Member State;
posted workers;
future healthcare arrangements;
professional qualifications
–
future recognition decisions, recognition of
qualifications of non-residents, and equal treatment for professionals who are
neither frontier workers nor resident;
recognition of licences and certificates that are currently recognised EU-wide
lawyers practising under home title; and
territorial scope of economic rights, in particular secondary establishment and
cross-border provision of services.
16