Activities of Salvatore IACOLINO related to 2010/0209(COD)
Reports (1)
REPORT 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 PDF (532 KB) DOC (333 KB)
Amendments (16)
Amendment 70 #
Proposal for a directive
Recital 17
Recital 17
(17) TPursuant to Article 79(5) TFEU, this Directive ishould 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.
Amendment 109 #
Proposal for a directive
Article 3 – point e
Article 3 – point e
(e) ‘manager’ means any person workholding, in the hierarchy of the undertaking, a senior position, who principally directs the management of the host entity, receiving general supervision or directionguidance 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 thor being responsible wfork of other supervisory, professional or managerial employees, having the authority personally to hire and dismiss or recommend hiring, dismissing a project of a significant size and in this capacity having appropriate and balanced human and financial resources at his or other personnel actionsdisposal;
Amendment 116 #
Proposal for a directive
Article 3 – point f
Article 3 – point f
(f) ‘specialist’ means any person possessing uncommonspecific 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 level of qualification referring to a type of work or trade requiring specific technical knowledge; and technical, professional or scientific skills essential to the host entity, as proven by higher professional qualifications and appropriate professional experience as defined in Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly-qualified employment1 referring to a type of work or trade requiring specific technical, professional or scientific knowledge; ___________ 1 OJ L 155, 18.6.2009, p. 17.
Amendment 124 #
Proposal for a directive
Article 3 – point g
Article 3 – point g
(g) ‘graduate traintrainee employee’ means any person with a higher education qualification, bound to the company by a contract who is transferred to a host entity to broaden his/her knowledge of and experience in a company in preparation fto be able to carry out paid work at managerial positionment level within the company;
Amendment 137 #
Proposal for a directive
Article 3 – point l
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: when 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 or is controlled jointly with another undertaking although being legally distinct from it;
Amendment 160 #
Proposal for a directive
Article 5 – paragraph 1 – point c – point iii
Article 5 – paragraph 1 – point c – point iii
(iii) the remuneration granted during the transferand the terms and conditions of employment granted during the transfer which must correspond to those granted for similar work in the host Member State;
Amendment 175 #
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 situation in the relevant occupational branches are met with regard to the remuneration granted during the transfer.
Amendment 205 #
Proposal for a directive
Article 8
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 245 #
Proposal for a directive
Article 15 – paragraph 5 a (new)
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 251 #
Proposal for a directive
Article 16 – paragraph 1 – introductory part
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, on the basis of the residence permit issued by the first Member State, if it is still valid, and the additional document provided for in Article 11(4), provided that:
Amendment 256 #
Proposal for a directive
Article 16 – paragraph 1 – point a
Article 16 – paragraph 1 – point a
(a) the duration of the transfer in the other Member State(s) does not exceed twelvesix months;
Amendment 257 #
Proposal for a directive
Article 16 – paragraph 1 – point a a (new)
Article 16 – paragraph 1 – point a a (new)
Amendment 262 #
Proposal for a directive
Article 16 – paragraph 1 – point b a (new)
Article 16 – paragraph 1 – point b a (new)
(ba) no threat is posed to public order, public security or public health;
Amendment 264 #
Proposal for a directive
Article 16 – paragraph 1 a (new)
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 268 #
Proposal for a directive
Article 16 – paragraph 2 – subparagraph 1
Article 16 – paragraph 2 – subparagraph 1
Amendment 269 #
Proposal for a directive
Article 16 – paragraph 2 – subparagraph 1 a (new)
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.