87 Amendments of Karin JÖNS
Amendment 1 #
2008/2085(INI)
Motion for a resolution
Title
Title
on Challenges to collective agreements and industrial relations in the EU
Amendment 11 #
2008/2085(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. Whereas according to Article 136 EC, the Community and the Member States shall have as their objectives (...) “improved living and working conditions, so as to make possible their harmonisation while the improvement is being maintained”; and whereas with a view to achieving this objective, Article 140 of the EC Treaty provides that the Commission is to promote close cooperation between Member States in the social field, particularly in matters relating to the right of association and collective bargaining between employers and workers,
Amendment 22 #
2008/2085(INI)
Motion for a resolution
Recital F
Recital F
F. Whereas Aarticle 3(8).8 of the PWD gives the possibility to implement the directive either through legislation, generally applicable collective arrangements or through other collective agreements which are considered the most representative; the ECJ also affirms that other methods, e.g. the autonomous collective bargaining model, may be used, or through collective agreements that have been declared universally applicable, or that are generally applicable to all similar undertakings in the industry concerned or that have been concluded by the most representative employers’ and labour organisations at national level and which are applied throughout the national territory; the ECJ also affirms that since the purpose of Directive 96/71 is not to harmonize systems for establishing terms and conditions of employment in the Member States, they are free to choose a system at the national level which is not expressly mentioned among those provided for in the PWD; however, the ECJ at the same time has limited this freedom by adding the condition that this is only so ‘provided that it does not hinder the provision of services between Member States’, thereby questioning the subsidiarity principle,
Amendment 34 #
2008/2085(INI)
Motion for a resolution
Recital K
Recital K
K. Whereas the ECJ in the Albany judgement (C- 67/96) in the field of competition law gave substantial and large space for trade unions to regulate labour market issues; in fact, at that time the ECJ rejected the direct horizontal effect forsocial partners to adopt measures to improve conditions of work and employment; in fact, having regard to the social objectives of the EU, the ECJ rejected the application of competition rules on collective bargainingagreements,
Amendment 39 #
2008/2085(INI)
Motion for a resolution
Recital L
Recital L
L. Whereas the ECJ in both the Laval and Rüffert cases made a completely different interpretation of European legislation than the advocate general, showing that different interpretations of the PWD are possible,
Amendment 55 #
2008/2085(INI)
Motion for a resolution
Recital N
Recital N
Amendment 63 #
2008/2085(INI)
Motion for a resolution
Recital O
Recital O
O. Whereas the ECJ in the Viking case introduces a horizontal direct effect of Articles 43 and 49 which can be used by employers and service providers to challenge collective agreements and industrial actions with a cross-border effect; the autonomy for collective bargaining from competition rules is thereby not extended to the field of free movement with a risk that industrial relations in the Member States will be put under legal scrutiny; trade unions are consequently being treated as emanations of the state, which they are clearly not; this also means that trade unions – different from the state – cannot use public policy justifications; consequently, this new uncertainty in industrial relations could result in a “flood” of cases to the ECJ,
Amendment 74 #
2008/2085(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Underlines that the freedom to provide services is aone of the cornerstones of the European project; however, this has to be balanced against fundamental rights and the possibilitysocial objectives anchored in the Treaties and the right for governments and trade unions to ensure non-discrimination and equal treatment, and the improvement of living and working conditions;
Amendment 93 #
2008/2085(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 105 #
2008/2085(INI)
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Emphasises that the freedom to provide services is not superior to the fundamental rights as laid down in the EU Charter of Fundamental Rights and in particular the right for trade unions to take industrial action, especially since this is a constitutional right in several Member States; emphasizes therefore that the ECJ rulings in Rüffert, Laval and Viking show that it is necessary to clarify that economic freedoms, as established in the Treaties, shall be interpreted in such a way as not infringing upon the exercise of fundamental social rights as recognised in the Member States and by Community law, including the right to negotiate, conclude and enforce collective agreements and to take collective action, and as not infringing upon the autonomy of social partners when exercising these fundamental rights in pursuit of social interests and the protection of workers;
Amendment 108 #
2008/2085(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that, even if – as the ECJ claimed in the Laval case – Article 3(7).7 of the PWD clearly states that trade unions should be able to demand terms and conditions of employment which are more favourable to workersmay have been drafted especially to ensure that the applicability of the mandatory rules of the host country as enumerated in Article 3.1 of the Posting Directive would not prevent the application of terms and conditions of employment which are more favourable to the worker pursuant to the law or collective agreements in the Member State of origin, the right of trade unions in the host country to demand terms and conditions of employment which are more favourable to workers can never be restricted as this is part of the fundamental right of freedom of association and collective bargaining;
Amendment 161 #
2008/2085(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Questions the introduction of a proportionality principle in the Viking case for the right to use collective action against undertakings which, when using the right of establishment or the right to provide services across borders, deliberately undercut terms and conditions of employment; such a proportionality principle is not compatible with the character of this right as a fundamental right; there should be no question about the right of trade unions to use industrial action to uphold equal treatment and secure decent working conditions;
Amendment 164 #
2008/2085(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Emphasises that the EC’s economic freedoms cannot be interpreted as granting undertakings the right to exercise them for the purpose or with the effect of evading or circumventing national social and employment laws and practices, or for unfair competition on wages and working conditions; considers therefore that cross border actions of undertakings which may undercut terms and conditions of employment in the host country must be proportional and cannot be automatically justified by the Treaty provisions on free movement of services or freedom of establishment as such;
Amendment 180 #
2008/2085(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Regrets the fact that even though the PWD was formulated as a minimum standard directive, the ECJ determines that those minimum standards must be regarded as the maximum in the context of the Laval judgement; this approach causes great concerns as to whether any directives decided on the basis of a minimum approach are regarded as valid; if all directives in the social dimension were to be reformulated as maximum directives, as in the case of the PWD, the consequences would be enormous;
Amendment 187 #
2008/2085(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Regrets that theas a direct consequence of the ECJ’s interpretation of the PWD in the Rüffert judgment, the scope for the introduction and implementation of social considerations referred to in Articles 26 and 27 inof Directive 2004/18, do (Public Procurement Directive), has been limited and according to the ECJ cannot include anymore terms and conditions of employment which go beyond the mandatory rules for minimum protection as interpreted by the ECJ; draws attention to the fact that this may create problems of legal consistency and legal complications for the 10 EU Member States that have ratified ILO Convention 94;
Amendment 231 #
2008/2085(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on all the Member States to implement and enforce the PWD properly;
Amendment 242 #
2008/2085(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Underlines that the ECJ has interpreted EU legislation in a way that was not the intention of the legislators;Expresses concerns that the ECJ rulings in the Viking, Laval and Rüffert cases have exposed loopholes, inconsistencies and weaknesses in European law and especially the PWD; therefore calls on the Commission, the Council and the EP to take immediate action to ensure the necessary changes in EU legislation to change the new practise of the ECJwhich would clarify the intentions of the legislators and lead to better regulation;
Amendment 247 #
2008/2085(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 273 #
2008/2085(INI)
Motion for a resolution
Paragraph 23 – indent 1
Paragraph 23 – indent 1
- a new or additional legal basis for the PWD to better protect workers; workers posted within the framework of services should be regarded as using the right of freedom of movement of workers and not, which would make reference to the free movement of workers provisions of the Treaty; it should be clarified that the free movement of services provisions were clearly intended to cover companies and self employed craftspersons and professionals providing services, whereas the moving around of workers would be covered by the free movement of serviceworkers provisions;
Amendment 274 #
2008/2085(INI)
Motion for a resolution
Paragraph 23 – indent 1 a (new)
Paragraph 23 – indent 1 a (new)
Amendment 275 #
2008/2085(INI)
Motion for a resolution
Paragraph 23 – indent 2
Paragraph 23 – indent 2
- a possibility in the Directive for Member States to refer in law or collective agrepublic procurements law to the 'habitual or prevailing wages' applicable on the basis of regulations or collective agreements in the place of work in the host country as defined in the ILO 94 and not only ‘minimum’ rates of payILO Convention 94;
Amendment 277 #
2008/2085(INI)
Motion for a resolution
Paragraph 23 – indent 5
Paragraph 23 – indent 5
- the recognition of a wider range of methods of organizing labour marketssetting terms and conditions of employment than those currently covered by Article 3(8) including in particular public procurement law;
Amendment 278 #
2008/2085(INI)
Motion for a resolution
Paragraph 23 – indent 5 a (new)
Paragraph 23 – indent 5 a (new)
- the recognition of Member States' wide margin of discretion in defining the public policy provisions referred to in Article 3.10 of the PWD, in accordance with the principle of subsidiarity;
Amendment 296 #
2008/2085(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Would welcome a move to summarize Urges the Commission, the Council and the European Parliament to ensure that also in primary law there is no ambiguity as to the fact that fundamental social rights are not hierarchically subordinate to the economic freedoms, as already recognized in secondary law, i.e. the social clauses that exist in the Monti directiveregulation and in the Services directive in a social clause, either, for instance through a protocol attached to the Treaty or in an inter- institutional agreementies at the next revision;
Amendment 304 #
2008/2085(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Calls on the Commission to put forward the long awaited Communication on transnational collective bargaining proposing the establishment of a legal framework for transnational collective agreements;
Amendment 121 #
2008/2035(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls for the European Union to play a greater role in promoting better and increased cooperation and coordination between labour inspectorates, by strengthening the economic and technological resources of inspection services and by providing for the possible establishment of some kind of European ‘social hub’, and calls on the Commission to ensure a study of its feasibility is produced;
Amendment 144 #
2008/0142(COD)
Proposal for a directive
Recital 30
Recital 30
(30) There is no definition of what constitutes hospital care throughout the different health systems of the Community, and different interpretations could therefore constitute an obstacle to the freedom for patients to receive healthcare. In order to overcome that obstacle, it is necessary to provide a Community definition of hospital care. Hospital care generally means care requiring the overnight accommodation of the patient. However, it may be appropriate to submit to the same regime of hospital care also certain other kinds of healthcare, if that healthcare requires use of highly specialised and cost-intensive medical infrastructure or medical equipment (e.g. high-technology scanners used for diagnosis) or involving treatments presenting a particular risk for the patient or the population (e.g. treatment of serious infectious diseases). A rRegularly updated national lists of such treatments shall be specifically defined by the Commission through the comitology procedureMember States themselves.
Amendment 464 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. ThisCorresponding national lists shall be set up and may be regularly updated by the Commission. Those measures, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 19(3)by the Member States themselves. They shall be regularly updated.
Amendment 667 #
2008/0142(COD)
Proposal for a directive
Article 15 - paragraph 3 - point b
Article 15 - paragraph 3 - point b
(b) the procedure for establishing European reference networks, and shall promote the development of European accreditation procedures in order to ensure that the certification of the healthcare providers belonging to the reference network is done in an independent, objective, transparent and non-profit-oriented manner.
Amendment 28 #
2008/0140(CNS)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with attitudinal or environmental barriers may hinder their full and effective participation in society on an equal basis with others.
Amendment 29 #
2008/0140(CNS)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) Effective non-discriminatory access can be provided by a variety of means, including through 'design for all' and through facilitating the use of assistive devices by persons with disabilities, including aids to mobility and access, such as recognised guide dogs and other assistance dogs.
Amendment 84 #
2008/0140(CNS)
Proposal for a directive
Article 4 - paragraph 1 - introductory part
Article 4 - paragraph 1 - introductory part
1. In order to guarantee compliance with the principle of equal treatment in relation to persons with disabilities, in connection with which 'disability' is to be understood as it is defined in the UN Convention on the Rights of Persons with Disabilities, and persons with chronic diseases are included:
Amendment 85 #
2008/0140(CNS)
Proposal for a directive
Article 4 - paragraph 1 - point a
Article 4 - paragraph 1 - point a
(a) The measures necessary to enable persons with disabilities to have effective non-discriminatory access to social protection, social advantages, health care, education and access to and supply of goods and services which are available to the public, including housing and transport, shall be provided by anticipation, including through appropriate modifications or adjustments. Such measures should not impose a disproportionate burden, nor require fundamental alteration of the social protection, social advantages, health care, education, or, telecommunication and electronic communications, information including information provided in accessible formats, financial services, culture and leisure, buildings open to the public, transport modes and other public spaces and facilities, shall be provided by anticipation, including through appropriate modifications or adjustments. Where discrimination arises from practice, policy or procedure, measures need to be taken so that it no longer has that effect. Such measures should not impose a disproportionate burden, nor require fundamental alterations to the nature of the goods, services, trade, profession or business in question. An alteration is fundamental if it alters the goods andor services in question or require the provision of alternatives theretoor the nature of the trade, profession or business to the extent that the provider of the goods or services is effectively providing a completely different kind of goods or services.
Amendment 90 #
2008/0140(CNS)
Proposal for a directive
Article 4 - paragraph 1 - point b a(new)
Article 4 - paragraph 1 - point b a(new)
(ba) For the purposes of paragraph 1, effective non-discriminatory access involves the identification and elimination of obstacles and barriers, whether attitudinal or environmental, and the prevention of new obstacles and barriers that hamper the access of persons with disabilities to goods, services and facilities available to the general public, irrespective of the nature of the obstacle, barrier or disability. Subject to the provisions of this Directive, and regardless of the measures chosen to remove the obstacles or barriers, effective non-discriminatory access for persons with disabilities must be provided under the same terms and conditions as for persons without disabilities wherever possible, and the use of assistive devices by persons with disabilities facilitated, including aids to mobility and access, such as recognised guide dogs and other assistance dogs wherever necessary. Where effective non-discriminatory access cannot be provided under the same terms and conditions, and subject to the provisions of this Directive, a meaningful alternative to ensure access must be provided.
Amendment 93 #
2008/0140(CNS)
Proposal for a directive
Article 4 - paragraph 3
Article 4 - paragraph 3
3. This Directive shall be without prejudice to the provisions of Community law or national rules covering the accessibility of particular goods or services. However, wherever possible, Member States shall take measures to encourage providers of services and goods, in particular manufactured goods, to design accessible solutions, for instance through public procurement practices. Accessible products and services are those designed so that they can be used by all users.
Amendment 97 #
2008/0140(CNS)
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Article 9a Assessment of alleged discrimination 1. Where an individual alleges that he or she has been the victim of multiple discrimination on the grounds of two or more of the characteristics referred to in Article 13 of the EC Treaty, the judicial or administrative authority shall compare the individual alleging discrimination with an individual who possesses none of the characteristics covered by Article 13 of the EC Treaty which the complainant alleges motivated the discrimination. This provision applies to instances of alleged direct and indirect discrimination. 2. Harassment and an instruction to discriminate which is motivated by two or more of the characteristics covered by Article 13 of the EC Treaty shall be regarded as discrimination and fall under the scope of this Directive.
Amendment 73 #
2007/0288(CNS)
Proposal for a directive
Recital 11
Recital 11
Amendment 76 #
2007/0288(CNS)
Proposal for a directive
Recital 17
Recital 17
(17) The mobility of highly qualified third- country workers between the Community and their countries of origin should be fostered and sustained. Derogations from Council Directive 2003/109/EC of 25 November 2003 on the status of third- country nationals who are long-term residents should be foreseen in order to extend the period of absence from the territory of the Community which is not taken into account for the calculation of the period of legal and continuous residence necessary to be eligible for the EC long- term residence status. Longer periods of absence than those provided for in Council Directive 2003/109/EC should also be allowed after highly qualified third-country workers have acquired EC long-term residence status. In particular, to encourage the circular migration of highly qualified third-country workers originating from developing countries, Member States should take into consideration making use of the possibilities offered in Article 4(3), second subparagraph, and Article 9(2) of Council Directive 2003/109/EC to allow for longer periods of absence than those provided for in this Directive. In order to ensure consistency in particular with the underlying development objectives, these derogations should only be applicable if it can be proven that the person concerned has returned to his/her country of origin for work, study or volunteering activities.
Amendment 77 #
2007/0288(CNS)
Proposal for a directive
Recital 20
Recital 20
(20) In implementing this Directive, Member States should refrain from pursuing active recruitment in developing countries in sectors suffering from lack of human resources. E, in sectors which could hinder the ability of developing countries to deliver basic social services or in sectors vital to achieving the UN- Millennium Development Goals, in particular the health and educational sectors. In the abovementioned sectors ethical recruitment policies and principles applicable to both public and private sector employers should be developed, in particular in the health and education sector, as underlined in the Council and Member States' conclusions of 14 May 2007 on the European Programme for Action to tackle the critical shortage of health workers in developing countries (2007-2013). These should be strengthened by the development of mechanisms, guidelines and other tools to facilitate circular and temporary migration, as well as other measures that would minimise negative and maximise positive impacts of highly skilled immigration on developing countries. Any such intervention must be taken along the lines of the Joint Africa-EU Declaration on Migration and Development agreed in Tripoli on 22 and 23 November 2006 and with a view of establishing a comprehensive migration policy as called for by the European Council of 14 and 15 December 2006. It should also be taken in consultation with the social partners in both the countries of origin and the receiving countries, in relevant sectors. Member States shall abide by codes of conduct when they implement their policies of admission of highly qualified workers.
Amendment 78 #
2007/0288(CNS)
Proposal for a directive
Recital 21
Recital 21
(21) Specific reporting provisions should be foreseen to monitor the implementation of the highly qualified scheme, also with a view to identifying and possibly counteracting its possible impacts in terms of brain drain in developing countries, especially in Sub- Saharan Africa. Data on the professions and the nationality of highly qualified immigrants admitted by Member States and an overview of sector based ethical recruitment policies should therefore be transmitted annually by Member States through the network created for these purposes by Council Decision 2006/688/EC of 5 October 2006 on the establishment of a mutual information mechanism concerning Member States' measures in the areas of asylum and immigration. The collected data referred to and an overview of the sector based ethical recruitment policies should be submitted to the European Parliament on an annual basis by the Council.
Amendment 79 #
2007/0288(CNS)
Proposal for a directive
Article 2 – point (b)
Article 2 – point (b)
(b) ‘highly qualified employment’ means the exercise of genuine and effective work under the direction of someone else for which a person is paid and for which higher education qualifications or at least three years of equivalent professional experience is requiredare required. In duly justified exceptional cases, Member States shall be allowed a limited margin of discretion in the recognition of comparable qualifications;
Amendment 80 #
2007/0288(CNS)
Proposal for a directive
Article 2 – point (f)
Article 2 – point (f)
(f) ‘family members’ means third-country nationals as defined in Article 4(1), (2) and (3) of Directive 2003/86/EC;
Amendment 81 #
2007/0288(CNS)
Proposal for a directive
Article 2 – point (g)
Article 2 – point (g)
(g) ‘higher education qualification’ stands for any degrees, diplomas or other certificates issued by a competent authority attesting the successful completion of a higher education programme, namely a set of courses provided by an educational establishment recognised as a higher education institution by the State in which it is situated. These qualifications are taken into account, for the purposes of this directive, on condition that the studies needed to acquire them lasted at least three years. Recognition of diplomas and other evidence of formal qualifications issued shall be based on levels 5 and 6 of the International Standard Classification of Education (ISCED 1997);
Amendment 83 #
2007/0288(CNS)
Proposal for a directive
Article 2 – point (h)
Article 2 – point (h)
Amendment 85 #
2007/0288(CNS)
Proposal for a directive
Article 2 – point (i)
Article 2 – point (i)
Amendment 88 #
2007/0288(CNS)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. This Directive shall apply to third- country nationals who apply to be admitted to the territory of a Member State for the purpose of highly qualified employment as well as third-country nationals already legally resident under other schemes in that Member State who apply for a Blue Card.
Amendment 91 #
2007/0288(CNS)
Proposal for a directive
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. TMember States may decide that this Directive shall not apply to
Amendment 94 #
2007/0288(CNS)
Proposal for a directive
Article 3 – paragraph 2 – point (b)
Article 3 – paragraph 2 – point (b)
Amendment 96 #
2007/0288(CNS)
Proposal for a directive
Article 3 – paragraph 2 – point (c)
Article 3 – paragraph 2 – point (c)
Amendment 99 #
2007/0288(CNS)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. This Directive should be without prejudice to any future agreement between the Community or between the Community and its Member States on the one hand and one or more third countries on the other, that would list the professions which should not fall under this directive in order to assure ethical recruitment, in sectors suffering from a lack of personnel, in sectors which could hinder the ability of developing countries to deliver basic social services or in sectors vital to achieving the UN Millennium Development Goals, in particular the health and education sectors, by protecting human resources in the developing countries, signatories to these agreements.
Amendment 101 #
2007/0288(CNS)
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. This directive shall apply without prejudice to applicable collective agreements or practices in the relevant occupational branches.
Amendment 107 #
2007/0288(CNS)
Proposal for a directive
Article 5 – paragraph 1 – point (f)
Article 5 – paragraph 1 – point (f)
(f) not be considered to pos, for reasons which can be objectively demonstrated, constitute a threat to public policy, public security or public health.
Amendment 109 #
2007/0288(CNS)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. In addition to the conditions stipulated in paragraph 1, the gross monthly salary specified in the work contract or binding job offer must not be inferior to a national salary thresholdlevel defined and published for the purpose by the Member States which shall be at least three2.2 times the minimum gross monthly wage as set by national law. Member States where minimumgross average wages are not defined shall set the national salary threshold to be at least three times the minimum income under which citizens of the Member State concerned are entitled to social assistance in that Member State, or to be in line with applicable collective agreements or practices in the relevant occupation branchess set by national law.
Amendment 114 #
2007/0288(CNS)
Proposal for a directive
Article 6
Article 6
Amendment 129 #
2007/0288(CNS)
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Member States may withdraw or refuse to renew an EU Blue Card for reasons ofonly if there is a threat to public policy, public security or public health which can be objectively demonstrated.
Amendment 132 #
2007/0288(CNS)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The Member State concerned shall grant the third-country national whose application has been accepted every facility to obtain the requisite visas. By issuing an EU Blue Card the Member State concerned commits itself to issuing relevant documentation and visas, where applicable, as speedily as possible, but at least at a reasonable period of time before the applicant would commence employment on the basis of which the Blue Card was granted, unless the Member State cannot reasonable be expected to do so due to time restraints as a result of a late application for a EU Blue Card by either employer or third country national concerned.
Amendment 133 #
2007/0288(CNS)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. By way of derogation from paragraph 2, Member States mayshould accept, in accordance with their national legislation, an application submitted when the third- country national concerned is not in possession of a residence permit but is legally present in its territory.
Amendment 157 #
2007/0288(CNS)
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
Amendment 162 #
2007/0288(CNS)
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 169 #
2007/0288(CNS)
Proposal for a directive
Article 17 – paragraph 5
Article 17 – paragraph 5
Amendment 170 #
2007/0288(CNS)
Proposal for a directive
Article 17 – paragraph 6
Article 17 – paragraph 6
Amendment 172 #
2007/0288(CNS)
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. No later than one month after entering the territory of the second Member State, the holder of the EU Blue Card shall notify his/her presence to the competent authorities of that Member State and present all the documents proving that he/she fulfils the conditions set out in Articles 5 and 6 for the second Member State. The holder of an EU Blue Card may also apply in writing to the competent authority for authorisation to stay in the second Member State before arrival and must supply the required documents.
Amendment 179 #
2007/0288(CNS)
Proposal for a directive
Article 22 – paragraph 3
Article 22 – paragraph 3
3. Annually, and for the first time no later than 1 April of [one year after the date of transposition of this Directive], Member States shall communicate to the Commission and the other Member States through the network established by Decision 2006/688/EC statistics on the volumes of third-country nationals who have been granted, renewed or withdrawn an EU Blue Card during the previous calendar year, indicating their nationality and their occupation. Statistics on admitted family members shall be communicated likewise. For holders of the EU Blue Card and members of their families admitted in accordance with the provisions of Articles 19 to 21, the information provided shall in addition specify the Member State of previous residence. Additionally, Member States should communicate an overview of sector based ethical recruitment policies to the Commission and the other Member States through the network established by Decision 2006/688/EC. The collected data referred to and an overview of the sector based ethical recruitment policies shall be submitted to the European Parliament on an annual basis by the Council.
Amendment 31 #
2007/0229(CNS)
Proposal for a directive
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
Amendment 32 #
2007/0229(CNS)
Proposal for a directive
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
Amendment 33 #
2007/0229(CNS)
Proposal for a directive
Article 3 – paragraph 2 – point f
Article 3 – paragraph 2 – point f
Amendment 34 #
2007/0229(CNS)
Proposal for a directive
Article 3 – paragraph 2 – point h
Article 3 – paragraph 2 – point h
Amendment 35 #
2007/0229(CNS)
Proposal for a directive
Article 3 – paragraph 2 a – introductory part (new)
Article 3 – paragraph 2 a – introductory part (new)
2a. It shall be for the Member States to decide whether this Directive is to apply to third-country nationals:
Amendment 36 #
2007/0229(CNS)
Proposal for a directive
Article 3 – paragraph 2 a – point a (new)
Article 3 – paragraph 2 a – point a (new)
(a) who have applied for recognition as refugees and whose application has not yet given rise to a final decision;
Amendment 37 #
2007/0229(CNS)
Proposal for a directive
Article 3 – paragraph 2 a – point b (new)
Article 3 – paragraph 2 a – point b (new)
(b) who are staying in a Member State as applicants for international protection or under temporary protection schemes.
Amendment 42 #
2007/0229(CNS)
Proposal for a directive
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) education and vocational training, including study and training grants;
Amendment 52 #
2007/0229(CNS)
Proposal for a directive
Article 3 – paragraph 2 – point (d)
Article 3 – paragraph 2 – point (d)
Amendment 57 #
2007/0229(CNS)
Proposal for a directive
Article 3 – paragraph 2 – point (e)
Article 3 – paragraph 2 – point (e)
Amendment 60 #
2007/0229(CNS)
Proposal for a directive
Article 3 – paragraph 2 – point (f)
Article 3 – paragraph 2 – point (f)
Amendment 63 #
2007/0229(CNS)
Proposal for a directive
Article 3 – paragraph 2 – point (h)
Article 3 – paragraph 2 – point (h)
Amendment 63 #
2007/0229(CNS)
Proposal for a directive
Article 12 – paragraph 2 - point b
Article 12 – paragraph 2 - point b
Amendment 64 #
2007/0229(CNS)
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. It shall be up to the Member States to decide whether this Directive is to apply to third-country nationals who: (a) have applied for recognition as refugees and whose application has not yet given rise to a final decision; (b) are staying in a Member State as applicants for international protection or under temporary protection schemes.
Amendment 71 #
2007/0229(CNS)
Proposal for a directive
Article 12 – paragraph 2 - point d
Article 12 – paragraph 2 - point d
Amendment 78 #
2007/0229(CNS)
Proposal for a directive
Article 12 – paragraph 2 - point e a (new)
Article 12 – paragraph 2 - point e a (new)
(ea) by not applying paragraph 1, points (d) to (h) to third-country nationals who have been admitted to a Member State for a period not exceeding six months in any 12 month period to work on a seasonal basis;
Amendment 79 #
2007/0229(CNS)
Proposal for a directive
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Member States shall take the necessary measures to ensure that any violation of the rights enshrined in this Directive is countered by effective, proportionate and deterrent measures;
Amendment 95 #
2007/0229(CNS)
Proposal for a directive
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Member States shall take the necessary measures to ensure that any violation of the rights enshrined in this Directive is countered by effective, proportionate and deterrent measures.
Amendment 43 #
2007/0094(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The provisions should not cover third- country nationals who are not illegally staying. This excludes third-country nationals who are family members of citizens of the Union exercising their right to free movement within the Community, and those who, under agreements between the Community and its Member States, on the one hand, and the countries of which they are nationals, on the other, enjoy rights of free movement equivalent to those of citizens of the Union. It also excludes third-country nationals who are in a situation covered by Community law, such as those who are lawfully employed in another Member State and who are posted by a service provider to another Member State in the context of the provision of services.
Amendment 49 #
2007/0094(COD)
Proposal for a directive
Recital 8
Recital 8
(8) The employer should in any case be required to pay to the third-country nationals any outstanding remuneration for the work they have undertaken and any other work-related benefits as well as outstanding taxes and social security contributions.
Amendment 87 #
2007/0094(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 91 #
2007/0094(COD)
Proposal for a directive
Article 5
Article 5
Member States shall ensure that employers are not liable for infringing Article 3 where they can show that they fulfilled the obligations set out in Article 4. This shall not apply to the back payments to be made under Article 7.
Amendment 102 #
2007/0094(COD)
Proposal for a directive
Article 7 – paragraph 1 – point (a)
Article 7 – paragraph 1 – point (a)
(a) any outstanding remuneration to the illegally employed third-country national and all other work-related benefits;
Amendment 119 #
2007/0094(COD)
Proposal for a directive
Article 8 – introductory part
Article 8 – introductory part
Member States shall take the necessary measures to ensure that an employer acting in the course of business activities may also, if appropriate, be subject to the following measures: