13 Amendments of Hubert PIRKER related to 2010/0209(COD)
Amendment 60 #
Proposal for a directive
Recital 13
Recital 13
(13) As intra-corporate transfers consist of temporary migrationare linked to a limited residence and work permit in each Member State, the applicant should 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, in accordance with the contract that he/she has with the group. That evidence may consist of the relevant provisions under the work contract. An assignment letter should be produced providing evidence that the third- country national manager or specialist possesses the professional qualifications and the experience needed in the Member State to which they have been admitted to occupy the post or the regulated profession.
Amendment 75 #
Proposal for a directive
Recital 20
Recital 20
(20) A fast-track procedure may be set up for groups of undertakings which have been recognised for that purpose. Recognition shouldall 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 142 #
Proposal for a directive
Article 5 – paragraph 1 – point a
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 187 #
Proposal for a directive
Article 6 – paragraph 2
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 212 #
Proposal for a directive
Article 10 – paragraph 3
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 216 #
Proposal for a directive
Article 10 – paragraph 7 – subparagraph 2 – introductory part
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
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 the requiredat least the level of remuneration in accordance with the universally applicable collective agreement and rights as provided for in Article 14;
Amendment 218 #
Proposal for a directive
Article 10 – paragraph 7 – subparagraph 2 – point b
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
Article 10 – paragraph 7 – subparagraph 2 – point d
Amendment 220 #
Proposal for a directive
Article 10 – paragraph 8 – point b
Article 10 – paragraph 8 – point b
(b) a fast-track admission procedure allowing intra-corporate transferee permits to be issued within a shorter time thanhalf the time specified in Article 12(1);
Amendment 230 #
Proposal for a directive
Article 12 – paragraph 3
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 legal challenge by means of redress either administratively or in the courts in the Member State concerned, in accordance with national law. The notification shall specify the reasons for the decision, the possible redress procedures available and the time limit for taking action.
Amendment 233 #
Proposal for a directive
Article 13 – point 4
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 273 #
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
(3) The maximum duration of the transfer to the European Union shall not exceed threefour years for managers and specialists and onetwo years for graduate trainees.