4 Amendments of Carl HAGLUND related to 2007/0229(COD)
Amendment 16 #
Proposal for a directive
Recital 9
Recital 9
(9) In the absence of horizontal community legislation, the rights of third-country nationals vary, depending on the Member State in which they work and on their nationality. They do not have the same rights as nationals of the Member State, or other EU citizens. With a view to pursue a further development of a coherent immigration policy, to lower the rights gap between EU citizens and third-country nationals legally working and complementing the existing immigration acquis a set of rights should be laid down in particular in the form of specifying the policy fields where equal treatment with own nationals is provided for third-country workers legally admitted in a Member States but not yet long term residents. Such provisions are intended to establish a level playing field within the EU, to recognize that such third-country nationals legally working in a Member States contribute to the European economy through their work and tax payments and to serve as a safeguard to reduce unfair competition between own nationals and third-country nationals resulting from possible exploitation of the latter. Definition of "third country worker" as laid down in Article 2(b) of this Directive means, without prejudice to the interpretation of the concept of employment relationship in other EU legislation, any third-country national who has been admitted to the territory of a Member State, is legally resident and is allowed to work in the context of a paid relationship under national law and /or in accordance with national practice in that Member State.
Amendment 20 #
Proposal for a directive
Recital 16
Recital 16
(16) Third-country nationals who work in the territory of a Member State should enjoy equal treatment as regards social security. Branches of social security are defined in the Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community. Council Regulation (EC) No 859/2003 of 14 May 2003 extending the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the ground of their nationality extends the provisions of Regulation (EEC) No 1408/71 to third country nationals who are legally residing in the European Union and who are in a cross-border situation. The provisions on equal treatment concerning social security in this Directive also apply to persons comentering to a Member State directly from a third countrystate, but allowing Member States to limit equal treatment to those in employment. Nevertheless, this Directive should noteither confer more rights than those already provided in existing Community legislation in the field of social security for third- country nationals who have cross-border elements between Member States. nor limit the power of the Member States to organise their social security schemes and to lay down the conditions under which a person is affiliated to a social security scheme. Nor should it confer rights in respect of situations that do not fall within the scope of EU legislation as for example in the case of family members residing in a third country.
Amendment 24 #
Proposal for a directive
Article 2 – point (b)
Article 2 – point (b)
(b) "third- country worker" means, without prejudice to the interpretation of the concept of employment relationship in other EU legislation, any third-country national who has been admitted to the territory of a Member State, is legally resident and is allowed to work legallyin the context of a paid relationship under national law and /or in accordance with national practice in that Member State;
Amendment 37 #
Proposal for a directive
Article 12 – paragraph 2 – point e
Article 12 – paragraph 2 – point e
(e) by restriclimiting the rights conferred under paragraph 1(e) to third-country workers who are in employment except for un, with the exception of unemployment benefits for those whose entitlement is based on previous employment in the respective Member State, to third-country nationals who are in employment benefits.