32 Amendments of Vilija BLINKEVIČIŪTĖ related to 2010/0209(COD)
Amendment 38 #
Proposal for a directive
Recital 3
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 graduateprofessional trainees to enter the Union in the framework of an intra-corporate transfer should be seen in this broader context.
Amendment 52 #
Proposal for a directive
Recital 10
Recital 10
(10) For the purpose of this Directive, intra-corporate transferees encompass managers, specialists and graduateprofessional trainees with a higher education qualification. Their definition builds on specific commitments of the Union under the General Agreement on Trade in Services9 (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 57 #
Proposal for a directive
Recital 12
Recital 12
(12) In order to ensure that the skills of the intra-corporate transferee are specific to the host entity, Member States mayshould require the transferee to have been employed within the same group of undertakings for at least 12 months without interruption prior to the transfer.
Amendment 65 #
Proposal for a directive
Recital 14
Recital 14
(14) Third-country nationals who apply to be admitted as graduateprofessional trainees should provide evidence of the higher education qualifications required, namely of any diploma, certificate or other evidence of formal qualifications attesting the successful completion of a post-secondary higher education programme of at least three years. In addition, they must present a training agreement, including a description of the training programme, its duration and the conditions in which the trainees will be supervised, proving that they will benefit from genuine training and not be used as normal workers.
Amendment 76 #
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 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)
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 80 #
Proposal for a directive
Recital 22 a (new)
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 94 #
Proposal for a directive
Article 2 – paragraph 2 – point c a (new)
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)
Article 2 – paragraph 2 – point c a (new)
(ca) third-country nationals carrying out activities as self-employed workers;
Amendment 97 #
Proposal for a directive
Article 2 – paragraph 2 – point c b (new)
Article 2 – paragraph 2 – point c b (new)
(cb) third-country nationals carrying out activities as temporary agency workers.
Amendment 113 #
Proposal for a directive
Article 3 – point f
Article 3 – point f
(f) ‘specialist’ means any person possessing uncommon knowledge essential and specific to the host entity, taking acwho is transferred for highly qualified employment, having higher professional qualifications, knowledge at an advanced level and count not only of knowledge specific to the host entity, but also of whetherinuous expertise and who possesses specific knowledge essential or relevant to the sperson has a high level of qualification referring to a type of work or trade requiring specific technical knowledgecific activities of the host entity;
Amendment 122 #
Proposal for a directive
Article 3 – point g
Article 3 – point g
(g) ‘graduateprofessional trainee’ means any person with a higher education qualification who is transferred to broaden his/her knowledge of and experience in a companyn undertaking in preparation for a managerial position within the company a view to entering into a permanent contract within the undertaking, and whose tasks in the undertaking are consistent with the higher education which that person has completed;
Amendment 129 #
Proposal for a directive
Article 3 – point g a (new)
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 132 #
Proposal for a directive
Article 3 – point g b (new)
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)
Article 3 – point g c (new)
(gc) ‘professional experience’ means the actual and lawful pursuit of the profession concerned;
Amendment 148 #
Proposal for a directive
Article 5 – paragraph 1 – point b
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, if required by national legislation, and that he or she will 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 and after the transfer;
Amendment 152 #
Proposal for a directive
Article 5 – paragraph 1 – point b a (new)
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
Article 5 – paragraph 1 – point c – point ii
(ii) evidence that he or she is taking a position as a manager, specialist or graduateprofessional trainee in the host entity or entities in the Member State concerned;
Amendment 156 #
Proposal for a directive
Article 5 – paragraph 1 – point c – point iii
Article 5 – paragraph 1 – point c – point iii
(iii) the remuneration granted and all other relevant working and employment conditions applicable during the transfer;
Amendment 162 #
Proposal for a directive
Article 5 – paragraph 1 – point d
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 graduateprofessional trainees, the higher education qualifications required;
Amendment 174 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1
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 situationcollective agreements in the relevant occupational branches are met with regard to the remuneration granted during the transfer.
Amendment 180 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
Amendment 183 #
Proposal for a directive
Article 5 – paragraph 3
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 graduateprofessional trainee shall present a training agreement, including a description of the training programme, its duration and the conditions under which the applicant is supervised during the programme.
Amendment 190 #
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 sanctioned in conformity with national law for undeclared work and/or illegal employment, illegal employment and/or non- observance of obligations of an employer by the national labour and social regulation.
Amendment 204 #
Proposal for a directive
Article 8
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 222 #
Proposal for a directive
Article 11 – paragraph 2
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 graduateprofessional trainees.
Amendment 229 #
Proposal for a directive
Article 12 – paragraph 1 a (new)
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 238 #
Proposal for a directive
Article 15 – paragraph 4
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,. The competent authorities of the first Member State shall undertake to process the residence permit request for the family members at the same time as the permit request for the intra-corporate transfer employee. In more complex cases, the procedure shall be completed at the latest within two months from the date on which the application was lodged.
Amendment 243 #
Proposal for a directive
Article 15 – paragraph 5 a (new)
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 248 #
Proposal for a directive
Article 16 – paragraph -1 (new)
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 275 #
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 three years for managers and specialists and one year for graduateprofessional trainees.
Amendment 279 #
Proposal for a directive
Article 17 – paragraph 1
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 graduateprofessional trainee), by length of validity of the permit and by economic sector.