Procedure completed
2010/0209(COD) Intra-corporate transfer: conditions of entry and residence of third-country nationals
Lead committee dossier: LIBE/7/03491
Legal Basis TFEU 079-p2
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Opinion | EMPL | JAAKONSAARI Liisa (S&D) | |
| Opinion | FEMM | ||
| Opinion | JURI | MAŠTÁLKA Jiří (GUE/NGL) | |
| Lead | LIBE | IACOLINO Salvatore (PPE) | BLINKEVIČIŪTĖ Vilija (S&D), MULDER Jan (ALDE), SARGENTINI Judith (Verts/ALE), KIRKHOPE Timothy (ECR), ERNST Cornelia (GUE/NGL) |
Legal Basis TFEU 079-p2
Subjects
Activites
- 2014/05/27 Final act published in Official Journal
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2014/05/15
Final act signed
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2014/05/15
End of procedure in Parliament
- #3313
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2014/05/13
Council Meeting
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2014/05/13
Act adopted by Council after Parliament's 1st reading
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2014/04/15
Results of vote in Parliament
- Results of vote in Parliament
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T7-0369/2014
summary
The European Parliament adopted by 360 votes to 278 with 38 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council on conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer. Parliament adopted its position at first reading under the ordinary legislative procedure. The amendments adopted in plenary were the result of a compromise between Parliament and Council. They amend the Commission’s proposal as follows: Purpose: the Directive laid down: the conditions of entry to, and residence for more than 90 days in, the territory of the Member States, and the rights, of third-country nationals and of their family members in the framework of an intra-corporate transfer; the conditions of entry and residence, and the rights, of third-country nationals, referred to above, in Member States other than the Member State which first granted the third-country national an intra-corporate transferee permit on the basis of the Directive. Scope: this was amended so that the directive would apply to third-country nationals who applied to be admitted to the territory of a Member State in the framework of an intra-corporate transfer as managers, specialists or trainee employees. The Directive should not apply to third-country nationals who were self-employed workers, or being assigned by employment agencies, or students. Criteria for admission: a third-country national must do the following, inter alia: provide evidence of employment within the same group of undertakings, from at least 3 up to 12 uninterrupted months immediately preceding the date of the intra-corporate transfer in the case of managers and specialists, and from at least 3 up to 6 uninterrupted months in the case of trainee employees; present a work contract; evidence that the third-country national would be able to transfer back to an entity belonging to that group of undertakings and established in a third country at the end of the assignment. Member States may require the applicant to present the documents in the language of the Member State concerned. Based on the documentation provided, Member States may require that the intra-corporate transferee will have sufficient resources during his/her stay to maintain him/herself and his/her family members without having recourse to their social assistance systems. Trainee employees may be required to present a training agreement which demonstrated that the purpose of stay is to train the employee for career development purposes or in order to obtain training. Third-country nationals who applied to be admitted as trainee employees should provide evidence of a university degree. Third-country nationals who were considered to pose a threat to public policy, public security or public health should not be admitted. Remuneration: the amended text stated that the remuneration granted to the third-country national during the entire transfer must not be less favourable than the remuneration granted to nationals of the host Member State concerned occupying comparable positions. Recognition of professional qualifications: a Member State should recognise professional qualifications acquired by a third-country national in another Member State in the same way as those of citizens of the Union and should take into account qualifications acquired in a third-country. Grounds for rejection: the amended text clarified and expanded the grounds for rejection of an application which now include the following: (i) where the host entity was established for the main purpose of facilitating the entry of intra-corporate transferees; (ii) the employer or the host entity has failed to meet its legal obligations regarding social security, taxation, labour rights or working conditions; (iii) the employer's or the host entity's business was being or had been wound up under national insolvency laws or no economic activity is taking place; (iv) the intent or effect of temporary presence of the intra-corporate transferee is to interfere with, or otherwise affect the outcome of, any labour management dispute or negotiation; (v) where the intra-corporate transferee is residing in the Member State concerned for purposes other than those for which he or she was authorised to reside. Similar grounds have been introduced for the withdrawal or non-renewal of the permit. Volumes of admission: the directive should not affect the right of a Member State to determine the volumes of admission in accordance with the Treaty on the Functioning of the European Union, and an application for an intra-corporate transferee permit may be either considered inadmissible or be rejected on this basis. Sanctions: where the host entity was held responsible for failure to comply with the conditions of admission, stay and mobility, the Member State concerned should provide for sanctions that were effective, proportionate and dissuasive and lay down measures on monitoring, assessment and inspection measures. Duration of an intra-corporate transfer: the amended text stated that the maximum duration of the transfer should not exceed three years for managers and specialists and one year for trainee employees after which they shall leave the territory of the Member States unless they obtain a residence permit on another basis in accordance with national or Union legislation. The maximum duration of the transfer should encompass the cumulated durations of consecutively issued intra-corporate transferee permits. A subsequent transfer to the Union might take place after the third-country national has left the territory of the Member States. Member States may require a period of up to 6 months to pass between the end of the maximum duration of a transfer and another application concerning the same third-country national in the same Member State. Procedural safeguards: the competent authorities of the Member State concerned shall adopt a decision as soon as possible but no later than 90 days of the complete application being lodged. Reasons for a decision declaring inadmissible or rejecting an application for an intra-corporate transferee permit or refusing renewal should be given in writing. The amended text goes on to state that an applicant should be allowed to lodge an application for renewal before the expiry of the intra-corporate transferee permit. There should be a maximum deadline of 90 days prior to the expiry of the intra-corporate transferee permit for submitting an application for renewal. Where the validity of the intra-corporate transferee permit expired during the procedure for renewal, the intra-corporate transferee may stay on the territory until the competent authorities had taken a decision on the application. Fees: payment of fees for handling applications may be required but the level of such fees shall not be excessive or disproportionate. Equality of treatment: the amended text stated that the Directive did not affect the right of Member States to restrict, under certain conditions, equal treatment in respect of family benefits as the intra-corporate transferee and the accompanying family were staying temporarily in the first Member State. Social security rights should be granted without prejudice to provisions in national legislation and/or bilateral agreements providing for the application of the social security legislation of the country of origin. However, bilateral agreements or national legislation on social security rights of intra-corporate transferees which were adopted after the entry into force of this directive should not provide for less favourable treatment than the treatment granted to nationals of the Member State where the work is carried out. As a result of such agreements or national legislation, it may be, for example, in the interest of the intra-corporate transferees to remain affiliated to the social security system of their country of origin if interruption of this affiliation would adversely affect their rights or would result in bearing the costs of double coverage. Family members: without prejudice to the principle of preference for Union citizens as expressed in the relevant provisions of the relevant Acts of Accession, the family members of the intra-corporate transferee who had been granted family reunification should be entitled to have access to employment and self-employed activity, in the territory of the Member State which issued the family member residence permit. Mobility between Member States: Members inserted a new chapter on this issue and made a distinction between short term and long-term mobility. They stated that the Directive aimed to reduce the administrative burden associated with work assignments in several Member States. For this purpose, it set up a specific intra-EU mobility scheme whereby the holder of a valid intra-corporate transferee permit issued by a Member State was allowed to enter, to stay and to work in one or more Member States in accordance with the provisions governing short term and long term mobility: short term mobility should cover stays in Member States other than the one that issued the intra-corporate transferee permit for a period of up to 90 days per Member State; long-term mobility should cover stays in Member States other than the one that issued the intra-corporate transferee permit for more than 90 days per Member State. In order to prevent circumvention of the distinction between short-term and long-term mobility, a short-term mobility in the same Member State should be limited to a maximum of 90 days in any 180-day period and it should not be possible to introduce a notification for short term mobility and an application for long term mobility at the same time. Schengen acquis: while the specific mobility scheme established by the Directive should lay down autonomous rules regarding entry and stay for the purpose of work as an intra-corporate transferee in Member States other than the one that issued the intra-corporate transferee permit, all the other rules governing the movement of persons across borders as laid down in the relevant provisions of the Schengen acquis continued to apply. Interinstitutional declaration: the European Parliament, the Council and the Commission noted that the Directive established an autonomous mobility scheme providing for specific rules regarding the conditions of entry, stay and freedom of movement of a third-country national for the purpose of work as an intra-corporate transferee in Member States other than the one that issued the intra-corporate transferee permit, which were to be considered as a lex specialis with respect to the Schengen acquis. Parliament and the Council took note of the Commission's intention to examine whether any action needed to be taken in order to enhance legal certainty as regards the interaction between the two legal regimes, and in particular to examine the need for updating the Schengen Handbook.
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2014/03/12
Committee report tabled for plenary, 1st reading/single reading
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A7-0170/2014
summary
The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Salvatore IACOLINO (EPP, IT) on the proposal for a directive of the European Parliament and of the Council on conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer. The Committee on Employment and Social Affairs, exercising its prerogatives as an associated committee in accordance with Rule 50 of the Rules of Procedure, was also consulted for an opinion on the report. The committee recommended that Parliament’s position in first reading following the ordinary legislative procedure should amend the Commission position as follows: Scope: this was amended so that the directive would apply to third-country nationals who apply to be admitted to the territory of a Member State in the framework of an intra-corporate transfer as managers, specialists or trainee employees. The Directive should not apply to third-country nationals who were self-employed workers, or being assigned by employment agencies, or students. Criteria for admission: a third-country national must do the following, inter alia: provide evidence of employment within the same group of undertakings, from at least 3 up to 12 uninterrupted months immediately preceding the date of the intra-corporate transfer in the case of managers and specialists, and from at least 3 up to 6 uninterrupted months in the case of trainee employees; present a work contract; evidence that the third-country national would be able to transfer back to an entity belonging to that group of undertakings and established in a third country at the end of the assignment. Member States may require the applicant to present the documents in the language of the Member State concerned. Based on the documentation provided, Member States may require that the intra-corporate transferee will have sufficient resources during his/her stay to maintain him/herself and his/her family members without having recourse to their social assistance systems. Trainee employees may be required to present a training agreement which demonstrated that the purpose of stay is to train the employee for career development purposes or in order to obtain training. Third-country nationals who applied to be admitted as trainee employees should provide evidence of a university degree. Third-country nationals who were considered to pose a threat to public policy, public security or public health should not be admitted. Remuneration: the amended text stated that the remuneration granted to the third-country national during the entire transfer must not be less favourable than the remuneration granted to nationals of the host Member State concerned occupying comparable positions. Recognition of professional qualifications: a Member State should recognise professional qualifications acquired by a third-country national in another Member State in the same way as those of citizens of the Union and should take into account qualifications acquired in a third-country. This should be without prejudice to any restrictions on access to regulated professions. Grounds for rejection: the amended text clarified and expanded the grounds for rejection of an application which now include the following: (i) where the host entity was established for the main purpose of facilitating the entry of intra-corporate transferees; (ii) the employer or the host entity has failed to meet its legal obligations regarding social security, taxation, labour rights or working conditions; (iii) the employer's or the host entity's business was being or had been wound up under national insolvency laws or no economic activity is taking place; (iv) the intent or effect of temporary presence of the intra-corporate transferee is to interfere with, or otherwise affect the outcome of, any labour management dispute or negotiation. Member States shall withdraw an intra-corporate transferee permit where the intra-corporate transferee is residing for purposes other than those for which he/she was authorised to reside. Similar grounds have been introduced for the withdrawal or non-renewal of the permit. Volumes of admission: the directive should not affect the right of a Member State to determine the volumes of admission in accordance with the Treaty on the Functioning of the European Union, and an application for an intra-corporate transferee permit may be either considered inadmissible or be rejected. Sanctions: where the host entity was held responsible for failure to comply with the conditions of admission, stay and mobility, the Member State concerned should provide for sanctions that were effective, proportionate and dissuasive and lay down measures on monitoring, assessment and inspection measures. Duration of an intra-corporate transfer: the amended text stated that the maximum duration of the transfer should not exceed three years for managers and specialists and one year for trainee employees after which they shall leave the territory of the Member States unless they obtain a residence permit on another basis in accordance with national or Union legislation. Member States may require a period of up to 6 months to pass between the end of the maximum duration of a transfer and another application concerning the same third-country national in the same Member State. The maximum duration of the transfer encompasses the cumulated durations of consecutively issued intra-corporate permits. A subsequent transfer to the European Union might take place after the return of the third-country national to a third country. Procedural safeguards: the competent authorities of the Member State concerned shall adopt a decision as soon as possible but no later than 90 days of the complete application being lodged. Reasons for a decision declaring inadmissible or rejecting an application for an intra-corporate transferee permit or refusing renewal should be given in writing. The amended text goes on to state that an applicant should be allowed to lodge an application for renewal before the expiry of the intra-corporate transferee permit. There should be a maximum deadline of 90 days prior to the expiry of the intra-corporate transferee permit for submitting an application for renewal. Where the validity of the intra-corporate transferee permit expired during the procedure for renewal, the intra-corporate transferee may stay on the territory until the competent authorities had taken a decision on the application. Fees: payment of fees for handling applications may be required but the level of such fees shall not be excessive or disproportionate. Equality of treatment: the amended text stated that the Directive did not affect the right of Member States to restrict, under certain conditions, equal treatment in respect of family benefits as the intra-corporate transferee and the accompanying family were staying temporarily in the first Member State. Social security rights should be granted without prejudice to provisions in national legislation and/or bilateral agreements providing for the application of the social security legislation of the country of origin. However, bilateral agreements or national legislation on social security rights of intra-corporate transferees which were adopted after the entry into force of this directive should not provide for less favourable treatment than the treatment granted to nationals of the Member State where the work is carried out. As a result of such agreements or national legislation, it may be, for example, in the interest of the intra-corporate transferees to remain affiliated to the social security system of their country of origin if interruption of this affiliation would adversely affect their rights or would result in bearing the costs of double coverage. Family members: without prejudice to the principle of preference for Union citizens as expressed in the relevant provisions of the relevant Acts of Accession, the family members of the intra-corporate transferee who had been granted family reunification should be entitled to have access to employment and self-employed activity, in the territory of the Member State which issued the family member residence permit. Mobility between Member States: Members inserted a new chapter on this issue and made a distinction between short term and long-term mobility. They stated that the Directive aimed to reduce the administrative burden associated with work assignments in several Member States. For this purpose, it set up a specific intra-EU mobility scheme whereby the holder of a valid intra-corporate transferee permit issued by a Member State was allowed to enter, to stay and to work in one or more Member States in accordance with the provisions governing short term and long term mobility: short term mobility should cover stays in Member States other than the one that issued the intra-corporate transferee permit for a period of up to 90 days per Member State; long-term mobility should cover stays in Member States other than the one that issued the intra-corporate transferee permit for more than 90 days per Member State. In order to prevent circumvention of the distinction between short-term and long-term mobility, a short-term mobility in the same Member State should be limited to a maximum of 90 days in any 180-day period and it should not be possible to introduce a notification for short term mobility and an application for long term mobility at the same time. Maintaining the relevant provisions of the Schengen: while the specific mobility scheme established by this Directive should set up autonomous rules regarding the entry and stay for the purpose of work as an intracorporate transferee in Member States other than the one that issued the intracorporate transferee permit, all the other rules governing the movement of persons across borders as laid down in the relevant provisions of the Schengen acquis continue to apply.
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A7-0170/2014
summary
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2014/03/10
Vote in committee, 1st reading/single reading
- #3298
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2014/03/03
Council Meeting
- #3096
- 2011/06/09 Council Meeting
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2011/05/12
Referral to associated committees announced in Parliament
- #3053
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2010/12/06
Council Meeting
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3053
summary
The Belgian Presidency provided the Council with information (see Council Doc.16929/10) on the following three files which are being examined in the Justice and Home Affairs Council:· the draft directive on a single application procedure for a single permitfor third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State;· the draft directive on the conditions of entry and residence of third-country nationals for the purposes of seasonal employment;· the draft directive on conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer. The intra-corporate transfer and seasonal workers directives are currently being examined by the JHA Council. The Presidency gave information on the provisions of the directive which deal with important subjects for employment, working conditions, rights of workers or social protection, and emphasised the importance of the Employment and Social Affairs Council in discussions about immigration directives.
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3053
summary
- #3034
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2010/10/07
Council Meeting
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3034
summary
Ministers held a first exchange of views on a Commission proposal for a directive on conditions of entry and residence of third-country nationals concerning intra-corporate transfers (regarding managerial and qualified employees for branches and subsidiaries of multinational companies).Several ministers recalled the right of member states to determine the number of third-country nationals to be admitted to their territories. In this context, they pointed out that the impact on national labour markets should be taken into account. Several ministers also highlighted the need for greater flexibility, for example with reference to the proposed duration of stay or the time limits in which applicants must be given a decision.Another issue highlighted by several ministers was the question whether the rights accorded to third-country nationals should be equivalent to those enjoyed by nationals of the host member states, in particular with regard to social security benefits.The Commission underlined that the main goal of the proposal was that once member states decide they need legal immigrants, that equal treatment will be given to those accepted throughout the EU. On the proposal for intra-corporate transferees, favourable conditions were necessary in order to achieve the main objective of the dossier: to attract the qualified personnel needed by the European labour market.
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3034
summary
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2010/09/07
Committee referral announced in Parliament, 1st reading/single reading
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2010/07/13
Legislative proposal published
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COM(2010)0378
summary
PURPOSE: to introduce a special procedure for third-country nationals applying to reside in the EU for the purpose of an intra-corporate transfer.PROPOSED ACT: Directive of the European Parliament and of the Council. BACKGROUND: as a result of the globalisation of business, the movements of managerial and technical employees of branches and subsidiaries of multinational corporations, temporarily relocated for short assignments to other units of the company, have become more crucial in recent years. The capacity of businesses to react more rapidly to new challenges, to transfer know-how to their future managers and to harmonise qualifications in every country where the company is active, is essential. However, a number of factors currently limit the scope for international companies to rely on mobility of intra-corporate transferees. Many multinationals wishing to transfer their personnel have run into inflexibility and limitations, including the lack of clear specific schemes in most EU Member States, the complexity of requirements, costs, delays in granting visas or work permits and uncertainty about the rules and procedures. In addition, there are big differences between Member States in terms of conditions of admission and restrictions on family rights.The proposal is part of a comprehensive package of measures, proposed in the Policy Plan on Legal Migration of 2005, the European Pact on Immigration and Asylum, adopted in 2008, and further endorsed by the Stockholm Programme, adopted by the European Council in December 2009.IMPACT ASSESSMENT: the following options were considered:Option 1: Status quo. Current developments would continue within the existing legal framework. However, this would mean that the EU would not be attractive for companies, which would still face difficulties in making best use of their staff, although the need for highly qualified internal resources would be increasing.Option 2: Directive dealing with the conditions of entry and residence of intra-corporate transferees. EU legislation would provide a common definition of intra-corporate transferee. It would also lay down harmonised criteria for entry, a common set of rights, a maximum duration of stay and provisions with respect to certain social and economic rights. This option would create a more transparent legal environment. However, the rules would still vary between Member States in terms of procedure and family rights and EU mobility would not be provided for.Option 3: Directive providing for intra-EU mobility for intra-corporate transferees. In addition to the points covered by option 2, provisions would be introduced to allow intra-corporate transferees to move within the EU and work in several establishments located in different Member States. Swift and simple transfer from third-country to EU companies would, however, not be ensured and family issues would not be tackled.Option 4: Directive facilitating family reunification and access to work for spouses. Family reunification would not be made dependent on obtaining the right of permanent residence and on the intra-corporate transferee having a minimum period of residence. Residence permits for family members would be granted more rapidly and in respect of access to the labour market, Member States would not be allowed to apply the time limit of 12 months. As a result, companies would be able to attract intra-corporate transferees more easily. However, the right to work for spouses could conflict with EU preference as expressed in the Acts of Accession.Option 5: Directive laying down common admission procedures. A single document allowing the holder to work as an intra-corporate transferee and to reside on the territory of the Member State would be issued. In parallel, a maximum time for processing applications would be set (e.g. 1 month). This option would significantly improve the ability to transfer key personnel easily and rapidly and reduce the time and costs for attracting intra-corporate transferees.Option 6: Communication, coordination and cooperation among Member States. This option would contribute to approximating national practices on third-country national intra-corporate transferees across the EU and creating a more harmonised legal framework. However, the impact is likely to be very limited if the measures are not mandatory.Comparing the options and their impact, the preferred option is a combination of options 2, 3, 4 and 5. A harmonised definition of intra-corporate transferee and harmonised conditions of entry and stay, provisions ensuring certain social and economic rights (option 2), intra-EUmobility (option 3), enhanced family rights (option 4, without access to the labour market for partners) and fast-track procedures (option 5) would contribute to better allocation of intra-corporate staff across third-country and EU entities and make the EU more attractive for third-country national key personnel of multinational corporations, while offering guarantees against unfair competition.LEGAL BASE: Article 79(2)(a) and (b) of the Treaty on the Functioning of the European UnionCONTENT: the aim of this Directive is to facilitate intra-corporate transfers of skills both to the EU and within the EU in order to boost the competitiveness of the EU economy. The proposal establishes a transparent and simplified procedure for admission of intra-corporate transferees, based on a common definition and harmonised criteria: the transferee must occupy a post as manager, specialist or graduate trainee, the prior employment within the same group of undertakings must have lasted at least 12 months, if required by the Member State; an assignment letter must be produced confirming that the third-country national is transferred to the host entity and specifying the remuneration. Unless this condition conflicts with the principle of Union preference, no labour market test would be performed. A specific scheme for graduate trainees is envisaged. Intra-corporate transferees admitted would be issued with a specific residence permit (marked ‘intra corporate transferee’) allowing them to carry out their assignment in diverse entities belonging to the same transnational corporation. This permit would also give them favourable conditions for family reunification in the first Member State.The main points are as follows: Chapter I: General provisionsSubject-matter: the proposal has two specific purposes:to introduce a special procedure for entry and residence and standards on the issue by Member States of residence permits for third-country nationals applying to reside in the EU for the purpose of an intra-corporate transfer; to define the rights of third-country nationals who are legally residing in a Member State under the terms of this proposal and determine the conditions under which they may reside in other Member States. Definitions: ‘Intra-corporate transfer’ is defined as the temporary secondment of a third-country national from an undertaking established outside the territory of a Member State and to which the third-country national is bound by a work contract, to an entity belonging to the undertaking or to the same group of undertakings which is established inside this territory. Chapter II: Admission criteria Admission: the text lays down the conditions which applicants must fulfil, those specific to this proposal being as follows:evidence must be provided that the transfer is actually taking place between entities of a same group of undertakings; a document describing the tasks assigned and specifying the remuneration, which must be in line with the terms and conditions of employment as referred to in Directive 96/71/EC, must be produced. It usually takes the form of an assignment letter. This document must indicate the place or places and duration of the assignment and provide evidence that the transferee is taking a post in the host entity as a manager, specialist or graduate trainee; there is a possibility for Member States to require a period of 12 months of prior employment within the group of undertakings; as the scheme focuses specifically on temporary migration, the applicant must provide evidence that the third-country national will be able to transfer back to an entity belonging to the same group and established in a third country at the end of the assignment; the third-country national must fulfil the conditions set under national legislation for EU citizens to exercise the regulated profession specified in the assignment letter and, for non regulated professions, present documents showing the details of his or her professional qualifications (usually the resume). For the graduate trainee, the applicant should provide evidence of the higher education qualifications required, as provided under the EU’s commitments on trade; third-country nationals who apply to be admitted as a graduate trainee must also present documents proving that they will benefit from genuine training and not be used as normal workers. Therefore, a training agreement including a description of the training programme, its duration and the conditions in which the trainees will be supervised in this programme is required; to facilitate checks, if the transfer involves several locations in different Member States, the competent authorities of the ancillary host entities must be informed by the applicant. No labour market test is required, since this criterion would be in contradiction with the purpose of setting up a simplified scheme for admission of such skilled intra corporate transferees. As primary law prevails, for Member States which happen to apply a transitional period to new Member States, EU preference must however be applied. Grounds for refusal: the provisions lay down the mandatory and possible grounds for refusal (as well as for withdrawal and non-renewal), notably failure to fulfil the criteria and sanctioning of the employer for undeclared work or illegal employment, in accordance with Directive 2009/52/EC. In the event of non-compliance with the conditions laid down, Member States should provide for appropriate sanctions, such as financial sanctions, to be imposed on the host entity, which would be held responsible.Chapter III: procedure and permitResidence permit: applicants who fulfil the admission criteria will receive a specific residence permit entitling the holder to work as an intra-corporate transferee under the conditions specified in the text. No additional work permit may be required. A competent authority must be designated by the Member States to receive the applications and issue the permits. The duration of the residence permit will be limited to three years for managers and specialists and one year for graduate trainees. A short time (30 days) is allowed to process applications, accompanied by various procedural safeguards, including the possibility of a legal challenge against decisions rejecting an application and the requirement for the authorities to give reasons for such decisions. Information on entry conditions including working conditions must be available.A fast-track procedure may be set up for groups of undertakings which have been recognised for this purpose.Chapter IV: RightsRights: in order to ensure equality of treatment with posted workers covered by Directive 96/71/EC, the rights granted to intra-corporate transferees as regards working conditions are aligned on the rights already enjoyed by posted workers. The text also states the areas where equal treatment must be recognised. Family members: the proposal contains derogations from Directive 2003/86/EC in order to set up an attractive scheme for intra-corporate transferees and follows a different rationale from the Family Reunification Directive, which is a tool to foster integration of third-country nationals who could reasonably become permanent residents. It provides for immediate family reunification in the first State of residence, and also stipulates that possible national integration measures may be imposed only once the family members are on EU territory.Chapter V: MobilityMobility: the proposal provides for geographic mobility for intra-corporate transferees and enables them to work in different entities of the same transnational corporation located in different Member States and on their clients’ premises. Accordingly, a third-country national who has been admitted as an intra-corporate transferee may be allowed to carry out part of the assignment in an entity of the same group located in another Member State, on the basis of the first residence permit and of an additional document listing the entities of the group of undertakings in which he or she is authorised to work. The second Member State must be informed of the main conditions of this mobility. It may require a residence permit if the duration of work exceeds twelve months but may not require the intra-corporate transferee to leave its territory in order to submit applications.Chapter VI: Final provisions:a chapter lays down the usual provisions are laid down on implementation, annual statistics and national contact points.BUDGETARY IMPLICATIONS: the proposal has no implications for the EU budget.
- DG {'url': 'http://ec.europa.eu/dgs/home-affairs/', 'title': 'Home Affairs'}, MALMSTRÖM Cecilia
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COM(2010)0378
summary
Documents
- Legislative proposal published: COM(2010)0378
- Debate in Council: 3034
- Debate in Council: 3053
- Debate in Council: 3096
- Committee report tabled for plenary, 1st reading/single reading: A7-0170/2014
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading/single reading: T7-0369/2014
- : Directive 2014/66
- : OJ L 157 27.05.2014, p. 0001
| Amendments | Dossier |
| 421 |
2010/0209(COD)
2011/06/28
EMPL
168 amendments...
Amendment 100 #
Proposal for a directive Article 3 – point f (f) ‘specialist’ means any
Amendment 101 #
Proposal for a directive Article 3 – point f (f) ‘specialist’ means any person possessing uncommon knowledge essential
Amendment 102 #
Proposal for a directive Article 3 – point f (f) ‘specialist’ means any person possessing uncommon knowledge essential and specific to the host entity, taking account not only of knowledge specific to the host entity, but also of whether the person has a high
Amendment 103 #
Proposal for a directive Article 3 – point g Amendment 104 #
Proposal for a directive Article 3 – point g (g) ‘graduate trainee’ means any person with a higher education qualification who is transferred to broaden his/her knowledge of and experience in a
Amendment 105 #
Proposal for a directive Article 3 – point g (g) ‘graduate trainee’ means any person with a higher education qualification who is transferred to broaden his/her knowledge of and experience in a company
Amendment 106 #
Proposal for a directive Article 3 – point g (g) ‘graduate trainee’ means any
Amendment 107 #
Proposal for a directive Article 3 – point g (g) ‘graduate trainee’ means any person
Amendment 108 #
Proposal for a directive Article 3 – point g (g) ‘graduate trainee’ means any person with a higher education qualification who is transferred to broaden his/her knowledge of and experience in a company in a paid contract in preparation for a managerial position within the company;
Amendment 109 #
Proposal for a directive Article 3 – point g (g) ‘graduate trainee’ means any person with a higher education qualification who is transferred to broaden his/her knowledge of and experience in a company in preparation for a managerial position within the company; graduate trainees are not employees for whom social security contributions are compulsory. Member States shall ensure that employers do not make improper use of trainees to perform duties carried out by ordinary staff;
Amendment 110 #
Proposal for a directive Article 3 – point g a (new) (ga ) ‘highly qualified employment’ means the employment that: – requires uncommon knowledge essential and specific to the host entity – is paid; and – guarantees appropriate working conditions.
Amendment 111 #
Proposal for a directive Article 3 – point l (l) ‘group of undertakings’ for the purposes of this Directive means two or more undertakings recognised as linked in the following ways under national law: an undertaking, in relation to another undertaking directly or indirectly: holds a
Amendment 112 #
Proposal for a directive Article 3 – point n Amendment 113 #
Proposal for a directive Article 3 – point n Amendment 114 #
Proposal for a directive Article 3 – point n (n) ‘
Amendment 115 #
Proposal for a directive Article 4 – paragraph 2 (2) This Directive shall not affect the right of Member States to adopt or retain more favourable provisions for persons to whom it applies in respect of Articles 3 (i), 11(2), 12, 14 and 15.
Amendment 116 #
Proposal for a directive Article 4 – paragraph 2 – subparagraph 1 a (new) Individual sectors may be excluded from the scope of this Directive where the social partners in the sector concerned agree to make a corresponding request in an official social dialogue procedure.
Amendment 117 #
Proposal for a directive Article 5 – paragraph 1 – introductory part Without prejudice to Article 10, a third- country national who applies to be admitted under the terms of this Directive and /or his or her employer shall:
Amendment 118 #
Proposal for a directive Article 5 – paragraph 1 – point b (b) provide evidence of an employment contract within the same group of undertakings, for at least 12 months immediately preceding the date of the intra-corporate transfer,
Amendment 119 #
Proposal for a directive Article 5 – paragraph 1 – point b (b) provide evidence of employment within the same group of undertakings, for at least
Amendment 120 #
Proposal for a directive Article 5 – paragraph 1 – point b (b) provide evidence of employment within the same group of undertakings, for at least
Amendment 121 #
Proposal for a directive Article 5 – paragraph 1 – point c – point ii a (new) (iia) evidence that he or she is taking a position exclusively involving the performance of specialist tasks in the host entity or entities in the Member State concerned;
Amendment 122 #
Proposal for a directive Article 5 – paragraph 1 – point c – point iii (iii) the remuneration granted during the transfer, including overtime pay, benefits, boni and benefits in kind;
Amendment 123 #
Proposal for a directive Article 5 – paragraph 1 – point d Amendment 124 #
Proposal for a directive Article 5 – paragraph 1 – point d (d) provide evidence that he or she has the professional qualifications
Amendment 125 #
Proposal for a directive Article 5 – paragraph 1 – point d (d) provide evidence that he or she has the professional qualifications or higher education qualifications needed in the Member State to which he or she has been admitted for the position of manager or specialist or, for graduate trainees, the professional qualifications and corresponding professional experience or the higher education qualifications required;
Amendment 126 #
Proposal for a directive Article 5 – paragraph 1 – point d (d) provide evidence that he or she has the
Amendment 127 #
Proposal for a directive Article 5 – paragraph 1 – point e (e) present documentation certifying that he or she fulfils the conditions laid down under national legislation for citizens of the Union to exercise the regulated profession which the transferee will work in
Amendment 128 #
Proposal for a directive Article 5 – paragraph 1 – point g (g) without prejudice to existing bilateral agreements, and notwithstanding the provisions of Article 14(2)(e) in regard to sickness benefits, present evidence of having or, if provided for by national law, having applied for sickness insurance for all the risks normally covered for nationals of the Member State concerned for periods where no such insurance coverage and corresponding entitlement to benefits are provided in connection with, or as a result of, the work contract;
Amendment 129 #
Proposal for a directive Article 5 – paragraph 2 – subparagraph 1 Amendment 130 #
Proposal for a directive Article 5 – paragraph 2 – subparagraph 1 Member States shall require that all conditions in the law, regulations or administrative provisions and/or
Amendment 131 #
Proposal for a directive Article 5 – paragraph 2 – subparagraph 1 Member States shall require that all conditions in the law, regulations or administrative provisions and/or universally applicable collective agreements applicable to posted workers in a similar situation in the relevant occupational branches are met with regard to the remuneration granted during the transfer. Particular attention shall be paid to consistency with Directive 96/71/EC.
Amendment 132 #
Proposal for a directive Article 5 – paragraph 2 – subparagraph 2 Amendment 133 #
Proposal for a directive Article 5 – paragraph 2 – subparagraph 2 In the absence of a system for declaring collective agreements to be of universal application, Member States may, if they so decide, base themselves on collective agreements which are generally applicable
Amendment 134 #
Proposal for a directive Article 5 – paragraph 2 – subparagraph 2 In the absence of a system for declaring collective agreements
Amendment 135 #
Proposal for a directive Article 5 – paragraph 5 5. Any modification during the stay that affects the conditions for admission set out in this Article shall be notified to the competent authorities of the Member State concerned and shall be in compliance with Art. 5 (1) to (4) and Article 14.
Amendment 136 #
Proposal for a directive Article 6 – paragraph 1 1. Member States shall reject an application where the conditions set out in Article 5 are not met or where it is established that the documents presented have been fraudulently acquired, falsified or tampered with.
Amendment 137 #
Proposal for a directive Article 6 – paragraph 2 2. Member States shall reject an application if the employer or the host entity has been repeatedly sanctioned in conformity with national law for undeclared work and/or illegal employment in the year immediately preceding the application's submission.
Amendment 138 #
Proposal for a directive Article 6 – paragraph 3 Amendment 139 #
Proposal for a directive Article 7 – paragraph 1 – point b a (new) (ba) wherever the conditions laid down in Articles 5 and 14 were not met or are no longer met;
Amendment 141 #
Proposal for a directive Article 8 – paragraph 1 a (new) 1a. Member States may include other penalties such as:(a) exclusion from entitlement to public benefits or aid;(b) exclusion from participation in a public contract for up to five years;(c) temporary or permanent disqualification from the practice of agricultural, industrial or commercial activities;(d) placing under judicial supervision or (e) a judicial winding-up order. In respect of infringement of the employer relating to remuneration, taxes and social security contributions Member States shall ensure that the employer pays:(a) any outstanding remuneration to the third-country national coming in the framework of the intra-corporate transfer;(b) any outstanding taxes and social security contributions, including relevant administrative fines. Member States shall provide for effective mechanisms through which third-country nationals can lodge complaints against their employers, directly or through designated third parties.
Amendment 143 #
Proposal for a directive Article 9 Access to information Access to information Member States shall take the necessary measures to make available information on entry and residence, including rights, and all documentary evidence needed for an application, as well as rights regarding working conditions, social security and enforcement and complaint mechanism to all applicants and admitted transferees and workers in the host country.
Amendment 144 #
Proposal for a directive Article 10 – paragraph 3 3. The application shall be lodged to the authorities of the Member State where the intra-corporate transfer
Amendment 145 #
Proposal for a directive Article 10 – paragraph 3 3. The application shall be lodged to the authorities of the Member State where the intra-corporate transfer mainly takes place. Where it is impossible to anticipate in which country the transfer will mainly take place, the applicant shall be free to choose the country.
Amendment 146 #
Proposal for a directive Article 10 – paragraph 3 3. The application shall be lodged to the authorities of the Member State
Amendment 147 #
Proposal for a directive Article 11 – paragraph 4 4. Under the heading ‘type of permit’, the first host Member State
Amendment 149 #
Proposal for a directive Article 13 – point 4 4. the right to carry out his/her assignment at the sites of clients and potential business partners of the entities belonging to the group of undertakings listed in the additional document provided for in Article 11 (4), as long as the employment relationship is maintained with the undertaking established in a third country.
Amendment 150 #
Proposal for a directive Article 14 – paragraph -1 (new) -1. Whatever the law applicable to the employment relationship, at least the laws, regulations and provisions of the place of work shall apply.
Amendment 151 #
Proposal for a directive Article 14 – introductory part Whatever the law applicable to the employment relationship, intra-corporate transferees shall be
Amendment 152 #
Proposal for a directive Article 14 – introductory part Whatever the law applicable to the employment relationship, intra-corporate transferees shall be
Amendment 153 #
Proposal for a directive Article 14 – introductory part Whatever the law applicable to the employment relationship, intra-corporate transferees shall be entitled to at least equal treatment with nationals of the host Member State as regards:
Amendment 154 #
Proposal for a directive Article 14 – point 1 – subparagraph 1 the terms and conditions of employment
Amendment 155 #
Proposal for a directive Article 14 – point 1 – subparagraph 1 the terms and conditions of employment
Amendment 156 #
Proposal for a directive Article 14 – point 1 – subparagraph 1 the terms and conditions of employment
Amendment 157 #
Proposal for a directive Article 14 – point 1 – subparagraph 1 the terms and conditions of employment applicable to posted workers in a similar situation, as laid down by law, regulation or administrative provision and/or
Amendment 158 #
Proposal for a directive Article 14 – point 1 – subparagraph 1 the terms and conditions of employment applicable to posted workers in a similar situation, as laid down by law, regulation or administrative provision and/or universally applicable collective agreements in the Member State
Amendment 159 #
Proposal for a directive Article 14 – point 1 – subparagraph 1 the terms and conditions of employment applicable to posted workers in a similar situation, as laid down by law, regulation or administrative provision and/or universally applicable collective agreements in the Member State to which they have been admitted pursuant to this Directive, paying particular attention to Directive 96/71/EC.
Amendment 160 #
Proposal for a directive Article 14 – point 1 – subparagraph 2 Amendment 161 #
Proposal for a directive Article 14 – point 1 – subparagraph 2 Amendment 162 #
Proposal for a directive Article 14 – point 1 a (new) 1a. A basic salary at least equivalent to that accorded to a Union citizen performing the same profession or task in the host Member State; the employer may supplement this salary withy an allowance to enable the transferred worker to meet the expenses inevitably incurred as a result of the transfer.
Amendment 163 #
Proposal for a directive Article 14 – point 2 – introductory part at least equal treatment with
Amendment 164 #
Proposal for a directive Article 14 – point 2 – introductory part Amendment 165 #
Proposal for a directive Article 14 – point 2 – introductory part equal treatment with nationals of the host Member State including, but not exclusively, as regards:
Amendment 166 #
Proposal for a directive Article 14 – point 2 – point a (a) freedom of association and affiliation and membership of an organisation representing workers or employers or of any organisation whose members are engaged in a specific occupation, including the right to take part in actions aimed at the conclusion of collective agreements, including strike action, and also including the benefits conferred by such organisations, without prejudice to the national provisions on public policy and public security;
Amendment 167 #
Proposal for a directive Article 14 – point 2 – point b a (new) (ba) Member State may restrict equal treatment with nationals under point 2 (c) where the intra-corporate transferee is protected by being subject to the social security branches in the country of origin or by other means and where, according to the legislation of the Member State, the person concerned may be exempt from the social security legislation of the host Member State;
Amendment 168 #
Proposal for a directive Article 14 – point 2 – point c (c)
Amendment 169 #
Proposal for a directive Article 14 – point 2 – point c (c) without prejudice to existing bilateral agreements providing for better conditions, provisions in national law regarding the branches of social security defined in Article 3 of Regulation (EC) No 883/2004. In the event of mobility between Member States and without prejudice to existing bilateral agreements
Amendment 170 #
Proposal for a directive Article 14 – point 2 – point c (c) without prejudice to existing bilateral agreements, provisions in national law regarding the branches of social security defined in Article 3 of Regulation (EC) No 883/04. In the event of mobility between Member States and without prejudice to existing bilateral agreements, Council Regulation (EC) No 859/2003 shall apply accordingly
Amendment 171 #
Proposal for a directive Article 14 – point 2 – point c (c) without prejudice to existing bilateral agreements, provisions in national law regarding the branches of social security defined in Article 3 of Regulation (EC) No 883/2004. In the event of mobility between Member States and without prejudice to existing bilateral agreements, Council Regulation (EC) No 859/200315 shall apply accordingly; Member State may restrict equal treatment with nationals under this paragraph where the intra-corporate transferee is protected by being subject to the social security branches in the country of origin or by other means and where, according to the legislation of the Member State, the person concerned may be exempt from the social security legislation of the host Member State;
Amendment 172 #
Proposal for a directive Article 14 – point 2 – point c (c) without prejudice to existing bilateral agreements, provisions in national law regarding the branches of social security defined in Article 3(1), points (a) to (i) of Regulation (EC) No 883/04. Family benefits shall be excluded from equal treatment, since the aim of the Member States must be primarily to support families who are residing in the EU in the long term. In the event of mobility between Member States and without prejudice to
Amendment 173 #
Proposal for a directive Article 14 – point 2 – point c a (new) (ca) third-country workers moving to a third country, or the survivors of such workers residing in a third-country deriving rights from the worker, shall receive, in relation to old-age, invalidity and death, statutory pensions based on the workers’ previous employment and acquired in accordance with the legislation set out in Article 3 of Regulation (EC) No 883/2004, under the same conditions and at the same rates as the nationals of the Member States concerned;
Amendment 174 #
Proposal for a directive Article 14 – point 2 – point c b (new) (cb) non-discriminatory access to the social security system of the place of work similar to other EU citizens working in this Member states under Regulation (EC) N° 883/2004;
Amendment 175 #
Proposal for a directive Article 14 – point 2 – point c c (new) (cc) entitlement to benefits which may be due in respect of any employment injury suffered, to compensation in lieu of any holiday entitlement acquired but not used and to reimbursement of social security contributions which have not given and do not give rise to rights under national laws or regulation or international arrangement, when moving to a third country;
Amendment 176 #
Proposal for a directive Article 14 – point 2 – point d (d) without prejudice to Regulation (EC) No 859/2003 and to existing bilateral agreements, payment of statutory pensions and the setting up and portability of supplementary pensions based on the worker's previous employment when moving to a third country;
Amendment 177 #
Proposal for a directive Article 14 – point 2 – point d (d)
Amendment 178 #
Proposal for a directive Article 14 – paragraph 2 – point d a (new) (da) the right to submit complaints regarding their employer to the competent authorities and/or to bring actions before the competent courts, directly or through third parties such as employee organisations in accordance with the corresponding national statutory provisions, in order effectively to enforce the rights deriving from this Directive. The Member States shall provide effective mechanisms to safeguard this right;
Amendment 179 #
Proposal for a directive Article 14 – paragraph 2 – point d b (new) (db) the right to refuse to work where intra-corporate transferees are used to break a strike;
Amendment 180 #
Proposal for a directive Article 14 – paragraph 2 – point e (e) access to goods and services and the supply of goods and services made available to the public, except public housing and
Amendment 181 #
Proposal for a directive Article 14 – paragraph 2 – point e (e) access to goods and services and the supply of goods and services made available to the public
Amendment 182 #
Proposal for a directive Article 14 – paragraph 2 – point e (e) access to goods and services and the supply of goods and services made available to the public
Amendment 183 #
Proposal for a directive Article 14 – paragraph 2 – point e a (new) (ea) study, training and further training grants shall be excluded from equal treatment.
Amendment 184 #
Proposal for a directive Article 15 – paragraph 5 a (new) 5a. By way of derogation from the second sentence of Article 14(2) of Directive 2003/86/EC, Member States shall not apply any time limit in respect of access to the labour market.
Amendment 185 #
Proposal for a directive Article 15 – paragraph 5 b (new) 5b. An employee's exercise of the rights under Article 16 shall not stand in the way of the right to family reunification.
Amendment 186 #
Proposal for a directive Article 16 – paragraph 1 – introductory part 1. Third-country nationals who have been granted an intra-corporate transferee permit in a first Member State, who fulfil the criteria for admission as set out in Article 5 and who apply for an intra-corporate transferee permit in another Member State shall be allowed to work in any other entity
Amendment 187 #
Proposal for a directive Article 16 – paragraph 1 – point b (b) the applicant has submitted to the competent authority of the other Member State, before his or her transfer to that Member State, the documents referred to in Article 5(1) (2) and (3) relating to the transfer to that Member State and the conditions have been checked to be compatible with the conditions in another Member State and has provided evidence of such submission to the first Member State.
Amendment 188 #
Proposal for a directive Article 16 – paragraph 1 – point b a (new) (ba) the principle of equal treatment at the place of work is not violated.
Amendment 189 #
Proposal for a directive Article 16 – paragraph 2 a (new) 2a. Article 16(1) and (2) shall not apply in the case of sectors which predominantly do not operate on a stationary basis, including related economic activities under NACE codes. The social partners shall apply for and regulate exemptions within the framework of the social dialogue.
Amendment 190 #
Proposal for a directive Article 16 – paragraph 3 3. The maximum duration of the transfer to the European Union shall not exceed three years for managers and specialists and one year for graduate trainees. In the case of managers only, the duration of the transfer may be extended by a maximum of one year.
Amendment 191 #
Proposal for a directive Article 16 – paragraph 3 a (new) 3a. The host Member State’s principle stating that the conditions at the place of work need to be respected must be safeguarded also in the context of mobility of Intra-corporate transferees between Member States.
Amendment 24 #
Proposal for a directive Citation 1 – having regard to the Treaty on the Functioning of the European Union, and in particular Article 79(2)(a) and (b) and Article 79(5) thereof,
Amendment 25 #
Proposal for a directive Citation 5 a (new) – having regard to the Charter of Fundamental Rights of the European Union, and in particular Article 15(3), 27, 28, 31, 33 thereof,
Amendment 26 #
Proposal for a directive Citation 5 b (new) – having regard to Convention 102 on Social Security (Minimum Standards) of the International Labour Organisation,
Amendment 27 #
Proposal for a directive Citation 5 c (new) – having regard to Convention 118 on Equality of treatment (Social Security) of the International Labour Organisation,
Amendment 28 #
Proposal for a directive Citation 5 d (new) – having regard to Convention 143 on Migrant Workers of the International Labour Organisation,
Amendment 29 #
Proposal for a directive Citation 5 e (new) – having regard to Convention 97 on Migration for Employment of the International Labour Organisation,
Amendment 30 #
Proposal for a directive Recital 3 (3) The Communication from the Commission entitled
Amendment 31 #
Proposal for a directive Recital 5 a (new) (5a) Third-country nationals who are authorised to work in the territories of the Member States are entitled to working conditions equivalent to those of citizens of the Union.
Amendment 32 #
Proposal for a directive Recital 6 (6) These intra-corporate transfers of key personnel result in new skills and knowledge, innovation and enhanced economic opportunities for the host companies, thus advancing the knowledge- based economy in Europe while fostering
Amendment 33 #
Proposal for a directive Recital 7 (7) The set of rules established by this Directive
Amendment 34 #
Proposal for a directive Recital 8 (8) This Directive should be applied without prejudice to the principle of Union preference as regards access to Member States’ labour market as expressed in the relevant provisions of Acts of Accession. According to that principle, the Member States should, during any period when national measures or those resulting from bilateral agreements are applied, give preference to workers who are their own nationals or are nationals of other Member States over workers who are nationals of third-countries as regards access to their labour market.
Amendment 35 #
Proposal for a directive Recital 8 (8) This Directive should be applied without prejudice to the principle of Union preference as regards access to Member States’ labour market as expressed in the relevant provisions of Acts of Accession. According to that principle, the Member States should, during any period when
Amendment 36 #
Proposal for a directive Recital 8 (8) This Directive should be applied without prejudice to the principle of Union preference as regards access to Member States’ labour market as expressed in the relevant provisions of Acts of Accession. According to that principle, the Member States should, during any period when national measures or those resulting from bilateral agreements are applied, give preference to workers who are nationals of the Member States over workers who are nationals of third-countries as regards access to their labour market. While safeguarding the principle, this may not be used to deviate from the principle of equal pay for equal work, as regards both workers from Member States and third- country nationals. This Directive should be applied in full respect of the principle of free movement of workers within the Union, abolishing any discrimination based on nationality as regards employment, remuneration and other conditions of work and employment.
Amendment 37 #
Proposal for a directive Recital 8 a (new) (8a) This Directive should set conditions and rights for third-country national workers in the framework of an intra- corporate transfer in full respect of the relevant ILO conventions.
Amendment 38 #
Proposal for a directive Recital 10 (10) For the purpose of this Directive, intra-corporate transferees encompass managers, specialists and graduate trainees with a higher education qualification. Their definition
Amendment 39 #
Proposal for a directive Recital 10 (10) For the purpose of this Directive, intra-corporate transferees encompass managers
Amendment 40 #
Proposal for a directive Recital 10 (10) For the purpose of this Directive, intra-corporate transferees encompass managers, specialists and graduate trainees with a higher education qualification and professional qualifications. Intra- corporate transferees are to be employed in highly qualified employment. Their definition builds on specific commitments of the Union under the General Agreement on Trade in Services (GATS) and bilateral trade agreements. Those commitments undertaken under the General Agreement on Trade in Services do not cover conditions of entry, stay and work. Therefore, this Directive complements and facilitates the application of those commitments. However, the scope of the intra-corporate transfers covered by this Directive is broader than that implied by trade commitments, as the transfers do not necessarily take place within the services sector and may originate in a third country which is not party to a trade agreement.
Amendment 41 #
Proposal for a directive Recital 11 (11)
Amendment 42 #
Proposal for a directive Recital 11 (11) Intra-corporate transferees should benefit from the same working conditions as
Amendment 43 #
Proposal for a directive Recital 11 (11) Intra-corporate transferee workers should be
Amendment 44 #
Proposal for a directive Recital 11 (11) Intra-corporate transferees should benefit from the same working conditions as
Amendment 45 #
Proposal for a directive Recital 11 (11) Intra-corporate transferees should benefit from the
Amendment 46 #
Proposal for a directive Recital 11 (11) Intra-corporate transferees should benefit from the same working conditions as posted workers whose employer is established on the territory of the European Union, as defined by Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services and comply with the same obligations as those imposed on such workers. That requirement is intended to protect workers, prevent social dumping and guarantee fair competition between undertakings established in a Member State and those established in a third country, as it ensures that the latter will not be able to benefit from lower labour standards to take any competitive advantage.
Amendment 47 #
Proposal for a directive Recital 11 (11) Intra-corporate transferees should benefit from the same working conditions as posted workers whose employer is established on the territory of the European Union, as defined by Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services. Intra-corporate transferees should benefit from the same treatment as nationals of the host Member State and permanent staff as regards both pay and employment conditions, and in particular as regards the amount of social protection benefits. That requirement is intended to protect workers
Amendment 48 #
Proposal for a directive Recital 11 (11)
Amendment 49 #
Proposal for a directive Recital 11 a (new) (11a) Member States must ensure that appropriate checks and effective inspections are carried out in order to guarantee proper enforcement of this Directive. To that end, Member States must grant the competent authorities sufficient powers and resources. The results of inspections must be collated in an appropriate report and will serve to improve enforcement of this Directive.
Amendment 50 #
Proposal for a directive Recital 11 a (new) (11a) Working conditions in this Directive are to be understood to cover at least pay and dismissal, health and safety at the workplace, working time and leave, family and professional life, taking into account collective agreements in force.
Amendment 51 #
Proposal for a directive Recital 12 (12) In order to ensure that the skills of the intra-corporate transferee are specific to the host entity, Member States
Amendment 52 #
Proposal for a directive Recital 13 (13) As intra-corporate transfers consist of
Amendment 53 #
Proposal for a directive Recital 13 (13) As intra-corporate transfers consist of temporary migration, the applicant should provide evidence that the third-country national will
Amendment 54 #
Proposal for a directive Recital 14 Amendment 55 #
Proposal for a directive Recital 15 (15) Unless this condition conflicts with the principle of Union preference as expressed in the relevant provisions of the Acts of Accession, no labour market test should be required, since this criterion would be in contradiction with the purpose of setting up a transparent and simplified scheme for admission of intra-corporate transferees. The sole exceptions are construction and craft trades, including related economic activities under NACE codes F, N81.21 and N81.22. For them, Member States may carry out labour market tests.
Amendment 56 #
Proposal for a directive Recital 18 (18) Member States should provide for appropriate penalties, such as financial penalties, to be imposed in the event of failure to comply with the conditions laid down in this Directive
Amendment 57 #
Proposal for a directive Recital 22 (22) This Directive should not affect conditions for the provision of services in the framework of Article 56 of the Treaty.
Amendment 58 #
Proposal for a directive Recital 23 (23) Equal treatment should be granted under national law in respect of those branches of social security defined in Article 3 of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems.
Amendment 59 #
Proposal for a directive Recital 23 (23) Equal treatment should be granted under national law in respect of those branches of social security defined in Article 3 of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems. Since this Directive is without prejudice to provisions included in bilateral agreements, the social security rights enjoyed by third country national intra-corporate transferees on the basis of a bilateral agreement concluded between the Member State to which the person has been admitted and his or her country of origin could be strengthened compared to the social security rights which would be granted to the transferee under national law.
Amendment 60 #
Proposal for a directive Recital 23 (23)
Amendment 61 #
Proposal for a directive Recital 23 (23) Equal treatment should be granted under national law in respect of those branches of social security defined in Article 3 of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems. Member States may restrict equal treatment where the intra-corporate transferee is protected by being subject to the social security branches in the country of origin or by other means and where according to the legislation of the Member State, the person concerned may be exempt from the social security legislation of the host Member State. Since this Directive is without prejudice to provisions included in bilateral agreements, the social security rights enjoyed by third country national intra-corporate transferees on the basis of a bilateral agreement concluded between the Member State to which the person has been admitted and his or her country of origin could be strengthened compared to the social security rights which would be granted to the transferee under national law. This Directive should not confer more rights than those already provided for in existing Union legislation in the field of social security for third-country nationals who have cross-border interests between Member States.
Amendment 62 #
Proposal for a directive Recital 23 (23) Equal treatment should be granted under national law in respect of those branches of social security defined in Article 3(1)(a) to (i) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems. Since this Directive is without prejudice to provisions included in bilateral agreements, the social security rights enjoyed by third country national intra-corporate transferees on the basis of a bilateral agreement concluded between the Member State to which the person has been admitted and his or her country of origin could be strengthened compared to the social security rights which would be granted to the transferee under national law. This Directive should not confer more rights than those already provided for in existing Union legislation in the field of social security for third-country nationals who have cross-border interests between Member States.
Amendment 63 #
Proposal for a directive Recital 23 (23) Equal treatment should be granted under national law in respect of those branches of social security defined in Article 3 of Regulation (EC) No 883/04 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems. Since this Directive is without prejudice to provisions included in bilateral agreements, the social security rights enjoyed by third country national intra-corporate transferees on the basis of a bilateral agreement concluded between the Member State to which the person has been admitted and his or her country of origin could be strengthened compared to the social security rights which would be granted to the transferee under national law. This Directive should not confer more rights than those already provided for in existing Union legislation in the field of social security for third-country nationals who have cross-border interests between Member States. The provisions of this Directive should not apply to situations where a posted worker is covered by the social security legislation of a third country or pays contributions in a third country.
Amendment 64 #
Proposal for a directive Recital 27 (27) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, and the relevant ILO Conventions, such as Convention 102 on Social Security (Minimum Standards), Convention 118 on Equality of treatment (Social Security), Convention 143 on Migrant Workers and Convention 97 on Migration for Employment of the International Labour Organisation.
Amendment 65 #
Proposal for a directive Recital 29 a (new) (29a) Member States should ratify without delay the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, adopted by the General Assembly of the United Nations on 18 December 1990.
Amendment 66 #
Proposal for a directive Recital 29 a (new) (29a) Whatever the law applicable to the employment relationship, at least the laws, regulations and provisions of the place of work should apply.
Amendment 67 #
Proposal for a directive Recital 29 b (new) (29b) This Directive should apply without prejudice to the rights and principles contained in the European Social Charter of 18 October 1961 and the European Convention on the Legal Status of Migrant Workers of 24 November 1977.
Amendment 68 #
Proposal for a directive Article 1 – point a (a) the conditions of entry to and residence for
Amendment 69 #
Proposal for a directive Article 1 – point a (a) the conditions of entry to and residence
Amendment 70 #
Proposal for a directive Article 1 – point b (b) the conditions of entry to and residence for more than three months of third- country national workers, referred to in point (a), in Member States other than the Member State which first grants the third- country national worker a residence permit on the basis of this Directive.
Amendment 71 #
Proposal for a directive Article 1 – point b (b) the conditions of entry to and residence
Amendment 72 #
Proposal for a directive Article 2 – paragraph 1 1. This Directive shall apply to third- country national
Amendment 73 #
Proposal for a directive Article 2 – paragraph 2 – point c (c) third-country nationals
Amendment 74 #
Proposal for a directive Article 2 – paragraph 2 – point c (c) third-country nationals carrying out activities on behalf of undertakings established in another Member State in the framework of a provision of services within the meaning of Article 56 of the Treaty on the Functioning of the European Union, including those posted by undertakings established in a Member State in the framework of a provision of services in accordance with Directive 96/71/EC. However, the Posted Workers Directive (96/71/EC) shall apply in full to posted third-country nationals carrying out construction and craft trade activities, including related economic activities under NACE codes F, N81.21 and N81.22. This Directive shall not apply to those NACE sectors.
Amendment 75 #
Proposal for a directive Article 2 – paragraph 2 – point c a (new) (ca) third-country nationals carrying out activities as temporary agency workers.
Amendment 76 #
Proposal for a directive Article 2 – paragraph 2 – point c b (new) (cb) third-country nationals carrying out activities as temporary agency workers for an independent temporary agency or for a temporary agency within a company or a group of undertakings.
Amendment 77 #
Proposal for a directive Article 2 – paragraph 2 – point c c (new) (cc) third-country nationals with a temporary contract with the undertaking of origin.
Amendment 78 #
Proposal for a directive Article 2 – paragraph 2 a (new) 2a. This Directive shall not apply to construction, including related economic activities (NACE Rev. 1.1 codes 45.1 to 45.4; activities listed in the annex to Directive 96/71/EC).
Amendment 79 #
Proposal for a directive Article 2 – paragraph 2 a (new) 2a. This directive shall not apply to activities in the field of building work listed in the Annex 3 of Directive 96/71/EC.
Amendment 80 #
Proposal for a directive Article 2 – paragraph 2 a (new) 2a. With the agreement of the social partners, Member States may restrict the scope of this Directive to particular sectors and subsectors of activity.
Amendment 81 #
Proposal for a directive Article 3 – point b (b) ‘intra-corporate transfer’ means the temporary secondment of a third-country national from an undertaking established outside the territory of a Member State and to which the third-country national is bound by a work contract, to an entity belonging to the undertaking or to the same group of undertakings which is established inside this territory, for occupational or training purposes;
Amendment 82 #
Proposal for a directive Article 3 – point b (b) ‘intra-corporate transfer’ means the temporary secondment of a third-country national from an undertaking established outside the territory of a Member State and to which the third-country national is bound by a work contract, to an entity belonging to the undertaking or to the same group of undertakings which is established inside this territory, under a new work contract with that entity;
Amendment 83 #
Proposal for a directive Article 3 – point b (b) ‘intra-corporate transfer’ means the temporary secondment of a third-country national worker from an undertaking established outside the territory of a Member State and to which the third- country national worker is bound by a work contract with a minimum previous existence of one year before the transfer, to an entity belonging to the undertaking or to the same group of undertakings which is established inside this territory;
Amendment 84 #
Proposal for a directive Article 3 – point b (b) ‘intra-corporate transfer’ means the temporary secondment of a third-country national from an undertaking established outside the territory of a Member State and to which the third-country national is bound by a work contract, to an entity belonging to the undertaking or to the same group of undertakings which is established inside this territory; the transfer shall not be permanent;
Amendment 85 #
Proposal for a directive Article 3 – point b (b) ‘intra-corporate transfer’ means the temporary secondment of a third-country national from an undertaking established outside the territory of a Member State and to which the third-country national is bound by a work contract or other form of employment, to an entity belonging to the undertaking or to the same group of undertakings which is established inside this territory;
Amendment 86 #
Proposal for a directive Article 3 – point b (b) ‘intra-corporate transfer’ means the temporary secondment of a third-country national not resident within the territory of the Member States from an undertaking established outside the territory of a Member State and to which the third- country national is bound by a work contract, to an entity belonging to the undertaking or to the same group of undertakings which is established inside this territory;
Amendment 87 #
Proposal for a directive Article 3 – point c (c) ‘intra-corporate transferee’ means any third-country national not resident within the territory of the Member States who is subject to an intra-
Amendment 88 #
Proposal for a directive Article 3 – point c (c) ‘intra-corporate transferee’ means any third-country national worker subject to an intra-
Amendment 89 #
Proposal for a directive Article 3 – point e (e) ‘manager’ means any person working
Amendment 90 #
Proposal for a directive Article 3 – point e (e) ‘manager’ means any person working in a senior position
Amendment 91 #
Proposal for a directive Article 3 – point e (e) ‘manager’ means any person working in a senior position
Amendment 92 #
Proposal for a directive Article 3 – point e (e) ‘manager’ means any person working in a senior position, who principally directs the management of the host entity, receiving general supervision or direction principally from the board of directors or stockholders of the business or equivalent; this position includes: directing the host entity or a department or sub-division of the host entity, supervising and controlling the work of other supervisory, professional or managerial employees
Amendment 93 #
Proposal for a directive Article 3 – point e (e) ‘manager’ means any person working in a senior position, who principally directs the management of the host entity, as well as any person managing teams and/or projects essential to the host entity, receiving general supervision or direction principally from the board of directors or stockholders of the business or equivalent; this position includes: directing the host entity or a department or sub-division of the host entity, supervising and controlling the work of other supervisory, professional or managerial employees, having the authority personally to hire and dismiss or recommend hiring, dismissing or other personnel actions;
Amendment 94 #
Proposal for a directive Article 3 – point e (e) ‘manager’ means any person working in a senior position within the structure of a company, who principally directs the management of the host entity, receiving general supervision or direction principally from the board of directors or stockholders of the business or equivalent; this position includes: directing the host entity or a department or sub-division of the host entity, or being responsible for supervision of a specific major project, supervising and controlling the work of other supervisory, professional or managerial employees, having the authority personally to hire and dismiss or recommend hiring, dismissing or other personnel actions;
Amendment 95 #
Proposal for a directive Article 3 – point e (e) ‘manager’ means any
Amendment 96 #
Proposal for a directive Article 3 – point f (f)
Amendment 97 #
Proposal for a directive Article 3 – point f (f) ‘specialist’ means any person possessing
Amendment 98 #
Proposal for a directive Article 3 – point f (f) ‘specialist’ means any person
Amendment 99 #
Proposal for a directive Article 3 – point f (f) ‘specialist’ means any person possessing uncommon knowledge
Amendment Amendment148 #
Proposal for a directive Article 12 – paragraph 1 1. The competent authorities of the Member State concerned shall adopt a decision on the application for admission to a Member State as an intra-corporate transferee or for revision of the additional document provided for in Article 11(4) and notify the applicant in writing, in accordance with the notification procedures laid down in the national law of the Member State concerned, within 30 days of the complete application being
source: PE-467.306
2011/07/22
LIBE
252 amendments...
Amendment 100 #
Proposal for a directive Article 3 – point b (b) ‘intra-corporate transfer’ means the temporary secondment of a third-country national from an undertaking established outside the territory of a Member State and to which the third-country national is bound by a work contract, to an entity belonging to the undertaking or to the same group of undertakings which is established inside this territory; at the end of the period of the intra-corporate transfer, the third-country national shall be required to leave the European Union;
Amendment 101 #
Proposal for a directive Article 3 – point b (b) ‘intra-corporate transfer’ means the temporary secondment of a third-country national worker from an undertaking established outside the territory of a Member State and to which the third- country national worker is bound by a work contract with a minimum previous existence of one year before the transfer, to an entity belonging to the undertaking or to the same group of undertakings which is established inside this territory;
Amendment 102 #
Proposal for a directive Article 3 – point c (c) ‘intra-corporate transferee’ means any third-country national not resident within the territory of the Member States who is subject to an intra-
Amendment 103 #
Proposal for a directive Article 3 – point c (c) ‘intra-corporate transferee’ means any third-country national worker subject to an intra-
Amendment 104 #
Proposal for a directive Article 3 – point d (d) ‘host entity’ means the entity, regardless of its legal form, established in the territory of a Member State, that has appropriate and balanced human and financial resources in the Member States concerned, and to which the third-country national is transferred;
Amendment 105 #
Proposal for a directive Article 3 – point d (d) ‘host entity’ means the entity to which the third country national is transferred, regardless of its legal form, established in the territory of a Member State, that has a genuine activity and was not created with the single aim of transferring third- country nationals to which the third
Amendment 106 #
Proposal for a directive Article 3 – point e (e) ‘manager’ means any person working in a senior position, who principally directs the management of the host entity, receiving general supervision or direction principally from the board of directors or stockholders of the business or equivalent; this position includes: directing the host entity or a department or sub-division of the host entity, supervising and controlling the work of other supervisory, professional or managerial employees
Amendment 107 #
Proposal for a directive Article 3 – point e (e) ‘manager’ means any person working in a senior position, who principally directs the management of the host entity
Amendment 108 #
Proposal for a directive Article 3 – point e (e) ‘manager’ means any person working in a senior position
Amendment 109 #
Proposal for a directive Article 3 – point e (e) ‘manager’ means any person
Amendment 110 #
Proposal for a directive Article 3 – point e (e) ‘manager’ means any person working in a senior position within a juridical person, who pri
Amendment 111 #
Proposal for a directive Article 3 – point e (e) ‘manager’ means any person working in a senior position
Amendment 112 #
Proposal for a directive Article 3 – point e (e) ‘manager’ means any person working in a senior position, who principally directs the management of the host entity
Amendment 113 #
Proposal for a directive Article 3 – point f (f) ‘specialist’ means any person
Amendment 114 #
Proposal for a directive Article 3 – point f (f) ‘specialist’ means any person
Amendment 115 #
Proposal for a directive Article 3 – point f (f) ‘specialist’ means any person
Amendment 116 #
Proposal for a directive Article 3 – point f (f) ‘specialist’ means any person possessing
Amendment 117 #
Proposal for a directive Article 3 – point f (f) ‘specialist’ means any person working within a juridical person who possess
Amendment 118 #
Proposal for a directive Article 3 – point f (f) ‘specialist’ means any person possessing
Amendment 119 #
Proposal for a directive Article 3 – point f (f) ‘specialist’ means any person
Amendment 120 #
Proposal for a directive Article 3 – point f (f) ‘specialist’ means any person possessing
Amendment 121 #
Proposal for a directive Article 3 – point g Amendment 122 #
Proposal for a directive Article 3 – point g (g) ‘
Amendment 123 #
Proposal for a directive Article 3 – point g (g) ‘graduate trainee’ means any person with a higher education qualification who is transferred to broaden his/her knowledge of and experience in a company in a paid contract in preparation for a managerial position within the company;
Amendment 124 #
Proposal for a directive Article 3 – point g (g) ‘
Amendment 125 #
Proposal for a directive Article 3 –– point g (g) ‘graduate trainee’ means any
Amendment 126 #
Proposal for a directive Article 3 – point g (g) ‘graduate trainee’ means any person with a higher education qualification who is transferred to broaden his/her knowledge
Amendment 127 #
Proposal for a directive Article 3 – point g (g) ‘graduate trainee’ means any person with a
Amendment 128 #
Proposal for a directive Article 3 – point g (g) ‘graduate trainee’ means any person with a higher education qualification who is transferred to broaden his/her knowledge of and experience in a company in preparation for
Amendment 129 #
Proposal for a directive Article 3 – point g a (new) (ga) ‘highly qualified employment’ means the employment of a person who: – in the Member State concerned, is protected as an employee under national employment law and/or in accordance with national practice, irrespective of the legal relationship, for the purpose of exercising genuine and effective work for, or under the direction of, someone else, – is paid, and, – has the required adequate and specific competence, as proven by higher professional qualifications;
Amendment 130 #
Proposal for a directive Article 3 – point g a (new) (ga) ‘highly qualified employment’ means the employment that – requires qualified knowledge essential and specific to the host entity – that is paid – guarantees appropriate working conditions
Amendment 131 #
Proposal for a directive Article 3 – point g a (new) (ga) ‘highly qualified employment’ means the employment of a person who has the required adequate and specific competence, as proven by higher professional qualifications;
Amendment 132 #
Proposal for a directive Article 3 – point g b (new) (gb) ‘higher professional qualifications’ means qualifications attested by evidence of higher education qualifications or, by way of derogation, when provided for by national law, attested by at least five years of professional experience of a level comparable to higher education qualifications and which is relevant in the profession or sector specified in the work contract or binding job offer;
Amendment 133 #
Proposal for a directive Article 3 – point g c (new) (gc) ‘professional experience’ means the actual and lawful pursuit of the profession concerned;
Amendment 134 #
Proposal for a directive Article 3 – point g c (new) (gc) ‘professional experience’ means the actual and lawful pursuit of the profession concerned;
Amendment 135 #
Proposal for a directive Article 3 – point h (h) ‘
Amendment 136 #
Proposal for a directive Article 3 – point k (k) ‘single application procedure’ means the procedure leading, on the basis of one application
Amendment 137 #
Proposal for a directive Article 3 – point l (l) ‘group of undertakings’ for the purposes of this Directive means two or more
Amendment 138 #
Proposal for a directive Article 3 – point l (l) ‘group of undertakings’ for the purposes of this Directive means two or more undertakings recognised as linked in the following ways under national law: an undertaking, in relation to another undertaking directly or indirectly: holds a majority of that undertaking's subscribed capital; or controls a majority of the votes attached to that undertaking's issued share capital; or can appoint more than half of the members of that undertaking's administrative, management or supervisory body;
Amendment 139 #
Proposal for a directive Article 4 – paragraph 2 (2) This Directive shall not affect the right of Member States to adopt or retain more favourable provisions for persons to whom it applies in respect of Articles 3 (i), 11(2), 12, 14 and 15.
Amendment 140 #
Proposal for a directive Article 5 – paragraph 1 – introductory part 1.
Amendment 141 #
Proposal for a directive Article 5 – paragraph 1 – introductory part 1. Without prejudice to Article 10, a third- country national who applies to be admitted under the terms of this Directive and/or his or her employer shall:
Amendment 142 #
Proposal for a directive Article 5 – paragraph 1 – point a (a) provide evidence that the host entity and the undertaking established in a third country belong to the same undertaking or group of undertakings; this evidence can also be provided by the host undertaking in the first Member State;
Amendment 143 #
Proposal for a directive Article 5 – paragraph 1 – point a (a) provide evidence that the host entity and the undertaking established in a third country belong to the same undertaking or
Amendment 144 #
Proposal for a directive Article 5 – paragraph 1 – point b Amendment 145 #
Proposal for a directive Article 5 – paragraph 1 – point b (b) provide evidence of employment within the same group of undertakings, for at least
Amendment 146 #
Proposal for a directive Article 5 – paragraph 1 – point b (b) provide evidence of employment within the same group of undertakings, for at least 12 months immediately preceding the date of the intra-corporate transfer,
Amendment 147 #
Proposal for a directive Article 5 – paragraph 1 – point b (b) provide evidence of employment within the same group of undertakings, for at least 12 months without interruption immediately preceding the date of the intra-corporate transfer
Amendment 148 #
Proposal for a directive Article 5 – paragraph 1 – point b (b) provide evidence of an employment contract within the same group of undertakings, for at least 12 months without interruption immediately preceding the date of the intra-corporate transfer
Amendment 149 #
Proposal for a directive Article 5 – paragraph 1 – point b (b) provide evidence of employment within the same group of undertakings, for at least
Amendment 150 #
Proposal for a directive Article 5 – paragraph 1 – point b (b) provide evidence of employment within the same group of undertakings,
Amendment 151 #
Proposal for a directive Article 5 – paragraph 1 – point b (b) provide evidence of an employment contract within the same group of undertakings, for at least 12 months immediately preceding the date of the intra-corporate transfer,
Amendment 152 #
Proposal for a directive Article 5 – paragraph 1 – point b a (new) (ba) Provide evidence that the undertaking he or she is transferred to actually has a genuine activity and was not created with the single aim of transferring third-country nationals.
Amendment 153 #
Proposal for a directive Article 5 – paragraph 1 – point c – point ii (ii) evidence that he or she is taking a position as a manager, specialist or
Amendment 154 #
Proposal for a directive Article 5 – paragraph 1 – point c – point ii (ii) evidence that he or she is taking a position as a manager
Amendment 155 #
Proposal for a directive Article 5 – paragraph 1 – point c – point iii Amendment 156 #
Proposal for a directive Article 5 – paragraph 1 – point c – point iii (iii) the remuneration granted and all other relevant working and employment conditions applicable during
Amendment 157 #
Proposal for a directive Article 5 – paragraph 1 – point c – point iii (iii) the
Amendment 158 #
Proposal for a directive Article 5 – paragraph 1 – point c – point iii (iii) the remuneration granted during the transfer, and its accordance with any collective agreements applicable to the host entity;
Amendment 159 #
Proposal for a directive Article 5 – paragraph 1 – point c – point iii (iii) the remuneration and the relevant terms and conditions granted during the transfer;
Amendment 160 #
Proposal for a directive Article 5 – paragraph 1 – point c – point iii (iii) the remuneration
Amendment 161 #
Proposal for a directive Article 5 – paragraph 1 – point c – point iii (iii) the remuneration granted during the transfer, including overtime pay, benefits, boni and benefits in kind;
Amendment 162 #
Proposal for a directive Article 5 – paragraph 1 – point d (d) provide evidence that he or she has the professional qualifications needed in the Member State to which he or she has been admitted for the position of manager or specialist or, for
Amendment 163 #
Proposal for a directive Article 5 – paragraph 1 – point d (d) provide evidence that he or she has the professional qualifications needed in the Member State to which he or she has been admitted for the position of manager or specialist
Amendment 164 #
Proposal for a directive Article 5 – paragraph 1 – point d (d) provide evidence that he or she has the professional qualifications or higher education qualifications needed in the Member State to which he or she has been admitted for the position of manager or specialist or, for graduate trainees, the professional qualifications and corresponding professional experience or the higher education qualifications required;
Amendment 165 #
Proposal for a directive Article 5 – paragraph 1 – point d (d) provide evidence that he or she has the professional qualifications needed in the Member State to which he or she has been admitted for the position of manager or specialist or, for graduate trainees, the
Amendment 166 #
Proposal for a directive Article 5 – paragraph 1 – point e (e) present documentation certifying that he or she fulfils the conditions laid down under national legislation for citizens of the Union to exercise the regulated profession which the transferee will work in
Amendment 167 #
Proposal for a directive Article 5 – paragraph 1 – point g (g) without prejudice to existing bilateral agreements and notwithstanding the provisions of Article 14(2)(e) in regard to sickness benefits, present evidence of having or, if provided for by national law, having applied for sickness insurance for all the risks normally covered for nationals of the Member State concerned for periods where no such insurance coverage and corresponding entitlement to benefits are provided in connection with, or as a result of, the work contract;
Amendment 168 #
Proposal for a directive Article 5 – paragraph 1 – point h Amendment 169 #
Proposal for a directive Article 5 – paragraph 1 – point h (h) be considered not to pose a threat to public policy, public security
Amendment 170 #
Proposal for a directive Article 5 – paragraph 1 a(new) 1a. Provide a declaration undertaking to leave the European Union at the end of the intra-corporate transfer;
Amendment 171 #
Proposal for a directive Article 5 – paragraph 2 – subparagraph 1 Member States shall require that all conditions in the law, regulations or administrative provisions and
Amendment 172 #
Proposal for a directive Article 5 – paragraph 2 – subparagraph 1 Member States shall require that all conditions in the law, regulations or administrative provisions and/or
Amendment 173 #
Proposal for a directive Article 5 – paragraph 2 – subparagraph 1 Member States shall require, that
Amendment 174 #
Proposal for a directive Article 5 – paragraph 2 – subparagraph 1 Member States shall require that all conditions in the law, regulations or administrative provisions and/or
Amendment 175 #
Proposal for a directive Article 5 – paragraph 2 – subparagraph 1 Member States shall require that all conditions in the law, regulations or administrative provisions and/or
Amendment 176 #
Proposal for a directive Article 5 – paragraph 2 – subparagraph 1 Member States shall require that all conditions in the law, regulations or administrative provisions and/or
Amendment 177 #
Proposal for a directive Article 5 – paragraph 2 – subparagraph 1 a (new) Member States may require that the remuneration granted during the transfer and other terms and conditions of employment are not worse than for comparable employees of the Member States.
Amendment 178 #
Proposal for a directive Article 5 – paragraph 2 – subparagraph 2 Amendment 179 #
Proposal for a directive Article 5 – paragraph 2 – subparagraph 2 Amendment 180 #
Proposal for a directive Article 5 – paragraph 2 – subparagraph 2 Amendment 181 #
Proposal for a directive Article 5 – paragraph 2 – subparagraph 2 In the absence of a system for declaring collective agreements to be of universal application, Member States may, if they so decide, base themselves on collective agreements which are generally applicable
Amendment 182 #
Proposal for a directive Article 5 – paragraph 3 Amendment 183 #
Proposal for a directive Article 5 – paragraph 3 3. In addition to the evidence stipulated in paragraphs 1 and 2, any third-country national who applies to be admitted as a
Amendment 184 #
Proposal for a directive Article 5 – paragraph 3 3.
Amendment 185 #
Proposal for a directive Article 5 – paragraph 5 Amendment 186 #
Proposal for a directive Article 5 – paragraph 5 5. Any modification during the stay that affects the conditions for admission set out in this Article shall be notified to the competent authorities of the Member State concerned and must be in compliance with Article 5 paragraphs 1 to 4 and Article 14.
Amendment 187 #
Proposal for a directive Article 6 – paragraph 2 (2) Member States shall reject an application if the employer or the host entity has been repeatedly sanctioned in conformity with national law for undeclared work and/or illegal employment.
Amendment 188 #
Proposal for a directive Article 6 – paragraph 2 2. Member States shall reject an application if the employer or the host entity has been sanctioned in conformity with national law for undeclared work and/or illegal employment or if provisions regarding working conditions and salaries as laid down in collective agreements as applicable by national law are not observed or if the employer or host entity has hired workers to break a strike.
Amendment 189 #
Proposal for a directive Article 6 – paragraph 2 2. Member States shall reject an application if the employer or the host entity has been sanctioned in conformity with national law for undeclared work
Amendment 190 #
Proposal for a directive Article 6 – paragraph 2 2. Member States shall reject an application if the employer or the host entity has been sanctioned in conformity with national law for undeclared work
Amendment 191 #
Proposal for a directive Article 6 – paragraph 2 2.
Amendment 192 #
Proposal for a directive Article 6 – paragraph 3 Amendment 193 #
Proposal for a directive Article 6 – paragraph 3 3. Member States
Amendment 194 #
Proposal for a directive Article 6 – paragraph 3 3. Member States may reject an application on the grounds of volumes of admission of third-country nationals. When adequate alternatives for graduates can be found nationally, they have preference.
Amendment 195 #
Proposal for a directive Article 6 – paragraph 3 3.
Amendment 196 #
Proposal for a directive Article 6 – paragraph 4 4. Where the transfer concerns host entities located in several Member States, the Member State where the application is lodged shall limit the geographical scope of validity of the permit to the Member States where the conditions set out in Article 5 are met and the grounds for refusal set out in Article 6(2) and (3) do not apply.
Amendment 197 #
Proposal for a directive Article 7 – paragraph 1 – point b Amendment 198 #
Proposal for a directive Article 7 – paragraph 1 – point b a (new) (ba) wherever the conditions laid down in Article 5 and Article 14 were not met or are no longer met;
Amendment 199 #
Proposal for a directive Article 7 – paragraph 2 – introductory part 2. Member States may in accordance with national law withdraw or refuse to renew an intra-corporate transferee permit, in particular in the following cases
Amendment 200 #
Proposal for a directive Article 7 – paragraph 2 – point a Amendment 201 #
Proposal for a directive Article 7 – paragraph 2 – point b Amendment 202 #
Proposal for a directive Article 7 – paragraph 2 a (new) 2a. If the employer or the host entity has been sanctioned in conformity with national law for undeclared work and/or illegal employment or for failing to meet their legal obligations as regards working conditions or labour rights as laid down in national law or in this Directive, the Member State of that employer or host entity shall, before deciding to reject an application, either allow the applicant a reasonable amount of time to find an equivalent job in another entity belonging to the undertaking or to the same group of undertakings in that or another Member State, or cover the costs of the applicant’s return home.
Amendment 204 #
Proposal for a directive Article 8 Member States may hold the host entity responsible and provide for penalties for failure to comply with the conditions of admission and the obligations arising out of the work contract. Those penalties shall be effective, proportionate and dissuasive.
Amendment 205 #
Proposal for a directive Article 8 Without prejudice to Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009, providing for minimum standards on sanctions and measures against employers of illegally-staying third- country nationals1, Member States may hold the host entity responsible and provide for penalties for failure to comply with the conditions of admission laid down in this directive. Those penalties shall be effective, proportionate and dissuasive. Member States may lay down monitoring, assessment and periodic inspection procedures to prevent and punish possible abuses. ______________ 1 OJ L 168, 30.6.2009, p. 24.
Amendment 206 #
Proposal for a directive Article 8 – paragraph 1 a (new) 1a. Member States may include other sanctions such as:(a) exclusion from entitlement to public benefits or aid;(b) exclusion from participation in a public contract for up to five years;(c) temporary or permanent disqualification from the practice of agricultural, industrial or commercial activities;(d) placing under judicial supervision;(e) a judicial winding-up order. In respect of infringement of the employer relating to remuneration, taxes and social security contributions Member States shall ensure that the employer pays:(a) any outstanding remuneration to the third-country national coming in the framework of the intra-corporate transfer;(b) any outstanding taxes and social security contributions, including relevant administrative fines. Member States shall provide for effective mechanisms through which third-country nationals can lodge complaints against their employers, directly or through designated third parties.
Amendment 208 #
Proposal for a directive Article 9 Member States shall take the necessary measures to make available information on entry and residence, including rights, and all documentary evidence needed for an application, as well as rights regarding working conditions, social security and enforcement and complaint mechanisms to all applicants and admitted transferees and workers in the host country.
Amendment 209 #
Proposal for a directive Article 10 – paragraph 1 1. Member States shall determine whether an application is to be made by the third- country national or by the host entity. If the application is to be submitted by the third-country national, Member States shall allow the application to be introduced from a third country or, if provided for by national law, on the territory of the Member State in which he or she is already legally present.
Amendment 210 #
Proposal for a directive Article 10 – paragraph 2 Amendment 211 #
Proposal for a directive Article 10 – paragraph 2 2. The application shall in principle be considered and examined
Amendment 212 #
Proposal for a directive Article 10 – paragraph 3 (3) The application shall be lodged to the authorities of the Member State where the intra-corporate transfer mainly takes place. Where it is impossible to anticipate with certainty in which Member State the third-country national will mainly be located, he/she shall be able to choose the Member State of application.
Amendment 213 #
Proposal for a directive Article 10 – paragraph 3 3. The application shall be lodged to the
Amendment 214 #
Proposal for a directive Article 10 – paragraph 3 3. The application shall be lodged to the authorities of the Member State
Amendment 215 #
Proposal for a directive Article 10 – paragraph 6 6. The Member State concerned shall grant the third-country national
Amendment 216 #
Proposal for a directive Article 10 – paragraph 7 – subparagraph 2 – introductory part Recognition shall be granted for a minimum of one year and a maximum of three years on the basis of the following information:
Amendment 217 #
Proposal for a directive Article 10 – paragraph 7 – subparagraph 2 – point a (a) information relating to the financial standing of the group of undertakings aiming to ensure that the intra-corporate transferee will be guaranteed
Amendment 218 #
Proposal for a directive Article 10 – paragraph 7 – subparagraph 2 – point b (b) evidence provided by the competent authority that the conditions of admission regarding prior transfers have been complied with;
Amendment 219 #
Proposal for a directive Article 10 – paragraph 7 – subparagraph 2 – point d Amendment 220 #
Proposal for a directive Article 10 – paragraph 8 – point b (b) a fast-track admission procedure allowing intra-corporate transferee permits
Amendment 221 #
Proposal for a directive Article 11 – paragraph 2 2. The period of validity of the intra- corporate transferee permit shall be at least one year or the duration of the transfer to the territory of the Member State concerned, whichever is shorter, and may be extended to a maximum of three years for managers and specialists and one year for graduate trainees. After the period of validity ends it shall be possible to renew the intra-corporate transferee permit through a new application, following the provisions of Article 10 and Article 5.
Amendment 222 #
Proposal for a directive Article 11 – paragraph 2 2. The period of validity of the intra- corporate transferee permit shall be at least one year or the duration of the transfer to the territory of the Member State
Amendment 223 #
Proposal for a directive Article 11 – paragraph 2 2. The period of validity of the intra- corporate transferee permit shall be at least one year or the duration of the transfer to the territory of the Member State concerned, whichever is shorter, and may be extended to a maximum of three years
Amendment 224 #
Proposal for a directive Article 11 – paragraph 4 4.
Amendment 225 #
Proposal for a directive Article 11 – paragraph 4 4. Under the heading ‘type of permit’, the first host Member State
Amendment 226 #
Proposal for a directive Article 11 – paragraph 4 a (new) 4a. The intra-corporate transferee permit shall be a single document. Member States may indicate additional information related to the employment relationship of the third-country national in paper format, or store such data in electronic format as referred to in Article 4 of Regulation (EC) 1030/2002 and point 16 of its Annex I as amended by Regulation (EC) 380/2008.
Amendment 227 #
Proposal for a directive Article 12 – paragraph 1 1. The competent authorities of the Member State concerned shall adopt a decision on the application for admission to a Member State as an intra-corporate transferee or for revision of the additional document provided for in Article 11 (4) and notify the applicant in writing, in accordance with the notification procedures laid down in the national law of the Member State concerned,
Amendment 228 #
Proposal for a directive Article 12 – paragraph 1 1. The competent authorities of the Member State concerned shall adopt a decision on the application for admission to a Member State as an intra-corporate transferee or for revision of the additional document provided for in Article 11(4) and notify the applicant in writing, in accordance with the notification procedures laid down in the national law of the Member State concerned, within 30 days of the complete application being lodged.
Amendment 229 #
Proposal for a directive Article 12 – paragraph 1 a (new) 1a. National law of the relevant Member State shall determine any consequence of a decision not having been taken by the end of the period provided for in the first subparagraph.
Amendment 230 #
Proposal for a directive Article 12 – paragraph 3 (3) Any decision rejecting an application or any decision not to renew or to withdraw intra-corporate transferee permits, shall be notified in writing to the applicant and shall be open to a
Amendment 231 #
Proposal for a directive Article 13 – point 2 2. free access to the entire territor
Amendment 232 #
Proposal for a directive Article 13 – point 2 a (new) 2a. the right (for the holder, as well as for members of his or her family within the meaning of Directive 2003/86/EC), to move freely around the EU and to have freedom of access to the Member States’ territories during the period of residence;
Amendment 233 #
Proposal for a directive Article 13 – point 4 (4) the right to carry out his/her assignment at the sites of clients and potential business partners of the entities belonging to the group of undertakings listed in the additional document provided for in Article 11 (4), as long as the employment relationship is maintained with the undertaking established in a third country.
Amendment 234 #
Proposal for a directive Article 15 – paragraph 2 2. By way of derogation from Articles 3(1) and 8 of Directive 2003/86/EC, family reunification
Amendment 235 #
Proposal for a directive Article 15 – paragraph 3 3. By way of derogation from the last subparagraph of Article 4(1) and from Article 7(2) of Directive 2003/86/EC, the integration measures referred to therein m
Amendment 236 #
Proposal for a directive Article 15 – paragraph 4 4. By way of derogation from the first subparagraph of Article 5(4) of Directive 2003/86/EC, residence permits for family members shall be granted by the first Member State, if the conditions for family reunification are fulfilled, at the latest within
Amendment 237 #
Proposal for a directive Article 15 – paragraph 4 4. By way of derogation from the first subparagraph of Article 5(4) of Directive 2003/86/EC, residence permits for family members shall be granted by the first Member State, if the conditions for family reunification are fulfilled
Amendment 238 #
Proposal for a directive Article 15 – paragraph 4 4. By way of derogation from the first subparagraph of Article 5(4) of Directive 2003/86/EC, residence permits for family members shall be granted by the first Member State, if the conditions for family reunification are fulfilled
Amendment 239 #
Proposal for a directive Article 15 – paragraph 4 4. By way of derogation from the first subparagraph of Article 5(4) of Directive 2003/86/EC, residence permits for family members shall be granted by the first Member State, if the conditions for family reunification are fulfilled
Amendment 240 #
Proposal for a directive Article 15 – paragraph 4 4. By way of derogation from the first subparagraph of Article 5(4) of Directive 2003/86/EC, residence permits for family members shall be granted by the first Member State, if the conditions for family reunification are fulfilled, at the latest within
Amendment 241 #
Proposal for a directive Article 15 – paragraph 5 a (new) 5a. The family members of an intra- corporate transferee who have the right of residence in a Member State shall be entitled to take up employment or self- employment there.
Amendment 242 #
Proposal for a directive Article 15 – paragraph 5 a (new) 5a. By way of derogation from Article 14(2) of Directive 2003/86/EC, the family members of an intra-corporate transferee who have the right of residence in a Member State shall be entitled to take up employment or self-employment there, for the same duration as the transferee.
Amendment 243 #
Proposal for a directive Article 15 – paragraph 5 a (new) 5a. By way of derogation from Article 14(2) of Directive 2003/86/EC, the family members of an intra-corporate transferee who have the right of residence in a Member State shall be entitled to take up employment or self-employment there, for the same duration as the transferee.
Amendment 244 #
Proposal for a directive Article 15 – paragraph 5 a (new) Amendment 245 #
Proposal for a directive Article 15 – paragraph 5 a (new) 5a. Pursuant to Article 14 of Directive 2003/86/EC and without prejudice to the principle of Union preference, Member States may decide the conditions under which family members may exercise an employed or self-employed activity. In such cases, requests for authorisation must be dealt with within 30 days of their being lodged.
Amendment 246 #
Proposal for a directive Article 15 – paragraph 5 a (new) (5a) By way of derogation from the second sentence of Article 14(2) of Directive 2003/86/EC, Member States shall not apply any time limit in respect of access to the labour market.
Amendment 247 #
Proposal for a directive Article 15 – paragraph 5 b (new) (5b) An employee’s exercise of the rights under Article 16 shall not stand in the way of the right to family reunification.
Amendment 248 #
Proposal for a directive Article 16 – paragraph -1 (new) -1. The host country principle needs to apply as well in the context of mobility of ICTs between Member States.
Amendment 249 #
Proposal for a directive Article 16 – paragraph 1 – introductory part 1. Third-country nationals who have been granted an intra-corporate transferee permit in a first Member State, who fulfil the criteria for admission as set out in Article 5
Amendment 250 #
Proposal for a directive Article 16 – paragraph 1 – introductory part 1.
Amendment 251 #
Proposal for a directive Article 16 – paragraph 1 – introductory part 1. Third-country nationals who have been granted an intra-corporate transferee permit in a first Member State, who fulfil the criteria for admission as set out in Article 5 and who apply for an intra-corporate transferee permit in another Member State shall be allowed to work in any other entity established in that Member State and belonging to the same group of
Amendment 252 #
Proposal for a directive Article 16 – paragraph 1 – introductory part 1. Third-country nationals who have been granted an intra-corporate transferee permit in a first Member State, who fulfil the criteria for admission as set out in Article 5 and who apply for an intra-corporate transferee permit in another Member State shall be allowed to work in any other entity established in that Member State and belonging to the same group of undertakings and at the sites of clients of that host entity if the conditions set out in Article 13(4) are fulfilled and permission criteria according to Articles 5 and 14 are checked by all permitting Member States, on the basis of the residence permit issued by the first Member State and the additional document provided for in Article 11(4), provided that:
Amendment 253 #
Proposal for a directive Article 16 – paragraph 1 – point a Amendment 254 #
Proposal for a directive Article 16 – paragraph 1 – point a Amendment 255 #
Proposal for a directive Article 16 – paragraph 1 – point a (a) the duration of the transfer in the other Member State(s) does not exceed t
Amendment 256 #
Proposal for a directive Article 16 – paragraph 1 – point a (a) the duration of the transfer in the other Member State(s) does not exceed
Amendment 257 #
Proposal for a directive Article 16 – paragraph 1 – point a a (new) Amendment 258 #
Proposal for a directive Article 16 – paragraph 1 – point b Amendment 259 #
Proposal for a directive Article 16 – paragraph 1 – point b Amendment 260 #
Proposal for a directive Article 16 – paragraph 1 – point b (b) the applicant has submitted to the competent authority of the other Member State, before his or her transfer to that Member State, the documents referred to in Article 5(1) (2) and (3) relating to the transfer to that Member State, which this other Member States is entitled to verify according to the grounds set out in Article 6(2) and (3), and has provided evidence of such submission to the first Member State.
Amendment 261 #
Proposal for a directive Article 16 – paragraph 1 – point b (b) the applicant has submitted to the
Amendment 262 #
Proposal for a directive Article 16 – paragraph 1 – point b a (new) (ba) no threat is posed to public order, public security or public health;
Amendment 263 #
Proposal for a directive Article 16 – paragraph 1 – point b a (new) (ba) the principle of equal treatment at the place of work is not violated
Amendment 264 #
Proposal for a directive Article 16 – paragraph 1 a (new) 1a. For an intra-corporate transfer to another Member State to take place, an intra-corporate transfer permit must have been granted by the first Member State, so that: – the intra-corporate transfer permit granted by the first Member State allows the transferee to work and reside in both the first and second Member States pursuant to Articles 13 and 14; – renewal of the intra-corporate transfer permit by the first Member State allows the transferee to continue working and living in the other Member State during the period covered by the renewal; – the withdrawal of the intra-corporate transfer permit by the first Member State will terminate the worker’s right to live and work in the other Member State.
Amendment 265 #
Proposal for a directive Article 16 – paragraph 2 – subparagraph 1 If the duration of the transfer in the other Member State exceeds t
Amendment 266 #
Proposal for a directive Article 16 – paragraph 2 – subparagraph 1 If the duration of the transfer in the other Member State exceeds twelve months-, the other Member State shall verify Article 6(2) and (3) of this Directive and may require a new application for a residence permit as an intra-corporate transferee in that Member State.
Amendment 267 #
Proposal for a directive Article 16 – paragraph 2 – subparagraph 1 If the
Amendment 268 #
Proposal for a directive Article 16 – paragraph 2 – subparagraph 1 Amendment 269 #
Proposal for a directive Article 16 – paragraph 2 – subparagraph 1 a (new) Third-country nationals who have been granted an intra-corporate transfer in a first Member State and who have submitted to the competent authorities of another Member State a new application for admission in accordance with paragraph 2 of this article, shall be authorised to work in the other Member State until such time as the competent authority has taken a decision on the new application for admission.
Amendment 270 #
Proposal for a directive Article 16 – paragraph 2 – subparagraph 2 Amendment 271 #
Proposal for a directive Article 16 – paragraph 2 – subparagraph 2 Where the relevant legislation requires a visa or residence permit for exercising mobility, such visas or permits shall be granted in a
Amendment 272 #
Proposal for a directive Article 16 – paragraph 2 – subparagraph 3 Amendment 273 #
Proposal for a directive Article 16 – paragraph 3 (3) The maximum duration of the transfer to the European Union shall not exceed
Amendment 274 #
Proposal for a directive Article 16 – paragraph 3 3. The maximum duration of the transfer to the European Union shall not exceed three years for managers and specialists and one year for graduate trainees. After this period has extended the intra-corporate transferee permit it should be possible to renew the intra-corporate transferee permit through a new application, following the provisions of Article 10 and Article 5.
Amendment 275 #
Proposal for a directive Article 16 – paragraph 3 3. The maximum duration of the transfer to the European Union shall not exceed three
Amendment 276 #
Proposal for a directive Article 16 – paragraph 3 3. The maximum duration of the transfer to the European Union shall not exceed three years
Amendment 277 #
Proposal for a directive Article 16 – paragraph 3 3. The
Amendment 278 #
Proposal for a directive Article 16 – paragraph 3 a (new) 3a. The host country principle stating that the conditions at the place of work need to be respected must be safeguarded also in the context of mobility of Intra-corporate transferees between Member States.
Amendment 279 #
Proposal for a directive Article 17 – paragraph 1 1. Member States shall communicate to the Commission statistics on the number of residence permits issued for the first time or renewed and, as far as possible, on the number of residence permits withdrawn for the purpose of intra-corporate transfer to persons who are third-country nationals, disaggregated by citizenship, age and sex, by transferee position (manager, specialist and
Amendment 280 #
Proposal for a directive Article 17 – paragraph 1 1. Member States shall communicate to the Commission statistics on the number of
Amendment 29 #
Proposal for a directive Citation 1 – Having regard to the Treaty on the Functioning of the European Union, and in particular Article 79(2)(a) and (b) and 153 (1)(a) and (b),thereof,
Amendment 30 #
Proposal for a directive Citation 1 – Having regard to the Treaty on the Functioning of the European Union, and in particular Article 79(2)(a) and (b) and Article 79(5) thereof,
Amendment 31 #
Proposal for a directive Citation 1 a (new) – Having regard to the Charter of Fundamental Rights of the European Union, and in particular Article 15(3), 27, 28, 31 and 33 thereof,
Amendment 32 #
Proposal for a directive Citation 3 a (new) – Having regard to Convention 102 on Social Security (Minimum Standards) of the International Labour Organisation,
Amendment 33 #
Proposal for a directive Citation 3 b (new) – Having regard to Convention 118 on Equality of treatment (Social Security) of the International Labour Organisation,
Amendment 34 #
Proposal for a directive Recital 1 (1) For the gradual establishment of an area of freedom, security and justice, the Treaty provides for measures to be adopted in the fields of asylum, immigration
Amendment 35 #
Proposal for a directive Recital 1 (1) For the gradual establishment of an area of freedom, security and justice, the Treaty provides for measures to be adopted in the field of immigration which are fair towards third-country nationals and will help to prevent illegal immigration and all forms of illegal employment of third-country nationals and their exploitation in the Union.
Amendment 36 #
Proposal for a directive Recital 3 Amendment 37 #
Proposal for a directive Recital 3 (3) The Communication from the Commission entitled ‘Europe 2020: A strategy for smart, sustainable and inclusive growth7 sets the objective of the Union becoming an economy based on knowledge and innovation, reducing the administrative burden on companies and better matching labour supply with demand. Measures to make it easier for third-country managers
Amendment 38 #
Proposal for a directive Recital 3 (3) The Communication from the Commission entitled ‘Europe 2020: A strategy for smart, sustainable and inclusive growth7 sets the objective of the Union becoming an economy based on knowledge and innovation, reducing the administrative burden on companies and better matching labour supply with demand. Measures to make it easier for third-country managers, specialists or
Amendment 39 #
Proposal for a directive Recital 3 (3) The Communication from the Commission entitled ‘Europe 2020: A strategy for smart, sustainable and inclusive growth
Amendment 40 #
Proposal for a directive Recital 5 (5) As a result of the globalisation of business, increasing trade and the growth and spread of multinational corporations, in recent years movements of managerial
Amendment 41 #
Proposal for a directive Recital 5 a (new) (5a) Nationals of third countries who are authorised to work in the territories of the Member States are entitled to working conditions equivalent to those of citizens of the Union.
Amendment 42 #
Proposal for a directive Recital 6 Amendment 43 #
Proposal for a directive Recital 6 (6) These intra-corporate transfers of key personnel result in new skills and knowledge, innovation and enhanced economic opportunities for the host companies, thus advancing the knowledge- based economy in Europe while fostering investment flows across the Union.
Amendment 44 #
Proposal for a directive Recital 7 Amendment 45 #
Proposal for a directive Recital 7 Amendment 46 #
Proposal for a directive Recital 7 (7) The set of rules established by this Directive
Amendment 47 #
Proposal for a directive Recital 8 (8) This Directive should be applied without prejudice to the principle of Union preference as regards access to Member States’ labour market as expressed in the relevant provisions of Acts of Accession. According to that principle, the Member States should, during any period when national measures or those resulting from bilateral agreements are applied, give preference to workers who are nationals of the Member States over workers who are nationals of third-countries as regards access to their labour market. In addition, it must be ensured that Member States do not lay down the lowest level of legal protection for intra-corporate transferees.
Amendment 48 #
Proposal for a directive Recital 8 (8) This Directive should be applied without prejudice to the principle of Union preference as regards access to Member States’ labour market as expressed in the relevant provisions of Acts of Accession. According to that principle, the Member States should, during any period when national measures or those resulting from bilateral agreements are applied, give preference to workers who are nationals of the Member States over workers who are nationals of third-countries as regards access to their labour market. While safeguarding the principle, this may not be used to deviate from the principle of equal pay for equal work, as regards both workers from EU Member States and 3thrid country nationals. This Directive should be applied in full respect of the principle of free movement for workers within the Union, abolishing any discrimination based on nationality as regards employment, remuneration and other conditions of work and employment.
Amendment 49 #
Proposal for a directive Recital 8 a (new) (8 a) This Directive should set conditions and rights for third country national workers in the framework of an intra- corporate transfer in full respect of the relevant ILO conventions.
Amendment 50 #
Proposal for a directive Recital 9 (9) This Directive establishes a transparent and simplified procedure for admission of intra-corporate transferees, based on common definitions and harmonised criteria and ensures legal certainty, legality and fair and equal treatment of workers from third countries.
Amendment 51 #
Proposal for a directive Recital 10 (10) For the purpose of this Directive, intra-corporate transferees encompass managers
Amendment 52 #
Proposal for a directive Recital 10 (10) For the purpose of this Directive, intra-corporate transferees encompass managers, specialists and
Amendment 53 #
Proposal for a directive Recital 12 Amendment 54 #
Proposal for a directive Recital 12 Amendment 55 #
Proposal for a directive Recital 12 (12) In order to ensure that the skills of the intra-corporate transferee are specific to the host entity, Member States may require the transferee to have been employed within the same group of undertakings for at least
Amendment 56 #
Proposal for a directive Recital 12 (12) In order to ensure that the skills of the intra-corporate transferee are specific to the host entity, Member States
Amendment 57 #
Proposal for a directive Recital 12 (12) In order to ensure that the skills of the intra-corporate transferee are specific to the host entity, Member States
Amendment 58 #
Proposal for a directive Recital 12 (12) In order to ensure that the skills of the intra-corporate transferee are specific to the host entity, Member State
Amendment 59 #
Proposal for a directive Recital 13 (13) As intra-corporate transfers consist of temporary migration, the applicant should provide evidence that the third-country national will
Amendment 60 #
Proposal for a directive Recital 13 (13) As intra-corporate transfers
Amendment 61 #
Proposal for a directive Recital 13 (13)
Amendment 62 #
Proposal for a directive Recital 14 Amendment 63 #
Proposal for a directive Recital 14 (14) Third-country nationals who apply to be admitted as graduate trainees should provide evidence of the higher education qualifications required, namely of a
Amendment 64 #
Proposal for a directive Recital 14 (14) Third-country nationals who apply to be admitted as graduate trainees should provide evidence of the
Amendment 65 #
Proposal for a directive Recital 14 (14) Third-country nationals who apply to be admitted as
Amendment 66 #
Proposal for a directive Recital 15 Amendment 67 #
Proposal for a directive Recital 15 (15) Unless this condition conflicts with the principle of Union preference
Amendment 68 #
Proposal for a directive Recital 15 (15) Unless this condition conflicts with the principle of Union preference as expressed in the relevant provisions of the Acts of Accession, no labour market test should be required, since this criterion would be in contradiction with the purpose of setting up a transparent and simplified scheme for admission of intra-corporate transferees. Member States or their authorities may perform labour market tests at their own discretion and investigate whether particular posts could not be filled by people who are seeking employment on the labour market of the Union.
Amendment 69 #
Proposal for a directive Recital 17 Amendment 70 #
Proposal for a directive Recital 17 (17)
Amendment 71 #
Proposal for a directive Recital 17 (17) This Directive should be without prejudice to the right of the Member States to determine the volumes of admission of third-country nationals entering their territory for the purposes of intra-corporate transfer and not to grant residence permits for employment in general or for certain professions, economic sectors or regions. In accordance with the principles of subsidiarity and multi-tier government, Member States should consult local and regional authorities before taking any decision on the number and qualifications of third-country nationals to be admitted to their territory.
Amendment 72 #
Proposal for a directive Recital 18 (18) Member States should provide for appropriate penalties, such as financial penalties, to be imposed in the event of failure to comply with the conditions laid down in this Directive or of the falsification of evidence and documents. The penalties could be imposed on the host entity.
Amendment 73 #
Proposal for a directive Recital 18 (18) Member States should provide for appropriate penalties, such as financial penalties, to be imposed in the event of failure to comply with the conditions laid down in this Directive
Amendment 74 #
Proposal for a directive Recital 19 (19) Provision for a single procedure leading to one combined title, encompassing both residence and work permit, should contribute to simplifying the rules currently applicable in Member States and reducing the tax payable by, and the administrative burden on, the host entity.
Amendment 75 #
Proposal for a directive Recital 20 (20) A fast-track procedure may be set up for groups of undertakings which have been recognised for that purpose. Recognition sh
Amendment 76 #
Proposal for a directive Recital 20 (20) A fast-track procedure may be set up for groups of undertakings which have been recognised for that purpose in accordance with Directive 2009/38/EC. Recognition should be granted on the basis of objective criteria made publicly available by the Member State and ensuring equal treatment between applicants. It should be granted for a maximum of three years, as the criteria need to be reassessed on a regular basis. Such recognition should be restricted to transnational corporations presenting credentials showing their ability to comply with their obligations and supplying information about the expected intra- corporate transfers. Any major change affecting the ability of the corporation to meet those obligations and any complementary information on future transfers should be reported without delay to the relevant authority. Appropriate sanctions such as financial sanctions, the possibility of withdrawing recognition, and rejections of future applications for permit should be provided for.
Amendment 77 #
Proposal for a directive Recital 20 a (new) (20a) A group of undertakings within which a third-country national may be temporarily transferred should have a genuine activity and should not only serve the purpose of transferring workers.
Amendment 78 #
Proposal for a directive Recital 21 (21) Once a Member State has decided to admit a third-country national fulfilling the criteria laid down in this Directive, the third-country national should receive a specific residence permit (an intra- corporate transferee permit) allowing the holder to carry out, under certain conditions, their assignment in diverse entities belonging to the same transnational corporation, including entities located in another Member State, provided that this second Member State does not reject the initial application on grounds of the employer or the host entity having been sanctioned in conformity with national law for undeclared work, illegal employment and/or non-observance of obligations of an employer by the national labour and social regulations, or on grounds of volumes of admission of third- country nationals.
Amendment 79 #
Proposal for a directive Recital 21 (21) Once a Member State has decided to admit a third-country national fulfilling the criteria laid down in this Directive, the
Amendment 80 #
Proposal for a directive Recital 22 a (new) (22a) Member States may require employers of intra-corporate transferees to pay for the cost of travel from the intra- corporate transferees' place of origin to the places of work in the Member State concerned and the return journey; the visa fee and, if applicable, any service fees related to the visa; the cost of sickness insurance referred to in this Directive.
Amendment 81 #
Proposal for a directive Recital 24 (24) In order to make the specific set of rules put in place by this Directive more attractive and to allow it to produce all expected benefits for competitiveness of business in the Union, third-country national intra-corporate transferees should be granted favourable conditions for family reunification in the Member State which first grants the residence permit on the basis of this Directive. This right would indeed remove an important obstacle to potential intra-corporate transferees for accepting an assignment. In order to preserve family unity, family members should be able to join the intra-corporate transferee in any other Member
Amendment 82 #
Proposal for a directive Recital 24 (24) In order to make the specific set of rules put in place by this Directive more attractive and to allow it to produce all
Amendment 83 #
Proposal for a directive Recital 27 (27) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union and the European Social Charter adopted by the Council of Europe on 18 October 1961 and revised on 3 May 1996.
Amendment 84 #
Proposal for a directive Recital 27 (27) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, and the relevant ILO Conventions, such as Convention 102 on Social Security (Minimum Standards), Convention 118 on Equality of treatment (Social Security), Convention 143 on Migrant Workers and Convention 97 on Migration for Employment of the International Labour Organisation.
Amendment 85 #
Proposal for a directive Recital 27 a (new) (27a) The International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families adopted by the UN General Assembly on 18 December 1990 is the most extensive legal framework on the protection of the rights of migrant workers and their families, providing guidelines for States with a view to ensuring that migrants’ rights are upheld in the drawing-up and implementation of migrant labour policies. The EU Member States should ensure that the fundamental rights of migrant workers and their families are upheld and should be called upon to ratify the above-mentioned international convention.
Amendment 86 #
Proposal for a directive Recital 29 a (new) (29a) Whatever the law applicable to the employment relationship, at least the laws, regulations and provisions of the place of work apply.
Amendment 87 #
Proposal for a directive Article 1 – point a (a) the conditions of entry to and residence
Amendment 88 #
Proposal for a directive Article 1 – point a (a) the conditions of entry to and residence for
Amendment 89 #
Proposal for a directive Article 1 – point b (b) the conditions of entry to and residence
Amendment 90 #
Proposal for a directive Article 1 – point b (b) the conditions of entry to and residence for more than three months of third- country national workers, referred to in point (a), in Member States other than the Member State which first grants the third- country national worker a residence permit on the basis of this Directive.
Amendment 91 #
Proposal for a directive Article 2 – paragraph 1 1. This Directive shall apply to third- country national
Amendment 92 #
Proposal for a directive Article 2 – paragraph 1 1. This Directive shall apply to third- country nationals who
Amendment 93 #
Proposal for a directive Article 2 – paragraph 1 a (new) (1a) Notwithstanding paragraph 2(c), the same legal consequences as result from the Directive on the posting of workers (96/71/EC) apply to intra-corporate transferees;
Amendment 94 #
Proposal for a directive Article 2 – paragraph 2 – point c a (new) (ca) activities in the field of building work listed in the Annex 3 of Directive 96/71/EC;
Amendment 95 #
Proposal for a directive Article 2 – paragraph 2 – point c a (new) (ca) third-country nationals carrying out activities as self-employed workers;
Amendment 96 #
Proposal for a directive Article 2 – paragraph 2 – point c a (new) (ca) third country national working for and being assigned by employment agencies, temporary work agencies or any other undertakings engaged in making available labour to work under the supervision and direction of another undertaking except regularly employed members of the management.
Amendment 97 #
Proposal for a directive Article 2 – paragraph 2 – point c b (new) (cb) third-country nationals carrying out activities as temporary agency workers.
Amendment 98 #
Proposal for a directive Article 3 – point b (b) ‘intra-corporate transfer’ means the temporary secondment of a third-country national not resident within the territory of the Member States from an undertaking established outside the territory of a Member State and to which the third- country national is bound by a work contract, to an entity belonging to the undertaking or to the same group of undertakings which is established inside this territory; This transfer is intended to cover similar situations as provided for in Article 1(3)(b) of Directive 96/71/EC.
Amendment 99 #
Proposal for a directive Article 3 – point b (b) ‘intra-corporate transfer’ means the temporary secondment of a third-country national from an undertaking established outside the territory of a Member State and to which the third-country national is bound by a work contract, to an entity belonging to the undertaking or to the same group of undertakings which is established inside this territory, for occupational or training purposes;
source: PE-467.241
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