29 Amendments of Marie-Christine VERGIAT related to 2010/0209(COD)
Amendment 29 #
Proposal for a directive
Citation 1
Citation 1
– Having regard to the Treaty on the Functioning of the European Union, and in particular Article 79(2)(a) and (b) and 153 (1)(a) and (b),thereof,
Amendment 36 #
Proposal for a directive
Recital 3
Recital 3
Amendment 64 #
Proposal for a directive
Recital 14
Recital 14
(14) Third-country nationals who apply to be admitted as graduate trainees should provide evidence of the higher education qualifications required, namely of any diploma, certificate or other evidence of formal qualifications attesting to the successful completion of a post-general secondary higher education programme of at least three years, technical or vocational education programme. 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 69 #
Proposal for a directive
Recital 17
Recital 17
Amendment 79 #
Proposal for a directive
Recital 21
Recital 21
(21) Once a Member State has decided to admit a third-country national fulfilling the criteria laid down in this Directive, the third-country national should receive a specific residence permit (an intra- corporate transferee permit) allowing the holder to carry out, under certain conditions, their assignment in diverse entities belonging to the same transnational corporation, including entities located in another Member State. Any third-country national with a valid travel document and a work permit issued pursuant to this Directive by a Member State, as well as members of his or her family within the meaning of Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification1, should be entitled to enter and move freely around the EU Member States during the period of residence of the person concerned. ___________ 1 OJ L 251, 3.10.2003, p. 12.
Amendment 81 #
Proposal for a directive
Recital 24
Recital 24
(24) In order to make the specific set of rules put in place by this Directive more attractive and to allow it to produce all expected benefits for competitiveness of business in the Union, third-country national intra-corporate transferees should be granted favourable conditions for family reunification in the Member State which first grants the residence permit on the basis of this Directive. This right would indeed remove an important obstacle to potential intra-corporate transferees for accepting an assignment. In order to preserve family unity, family members should be able to join the intra-corporate transferee in any other Member State under the conditions determined by the national law of such Member State.
Amendment 83 #
Proposal for a directive
Recital 27
Recital 27
(27) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union and the European Social Charter adopted by the Council of Europe on 18 October 1961 and revised on 3 May 1996.
Amendment 85 #
Proposal for a directive
Recital 27 a (new)
Recital 27 a (new)
(27a) The International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families adopted by the UN General Assembly on 18 December 1990 is the most extensive legal framework on the protection of the rights of migrant workers and their families, providing guidelines for States with a view to ensuring that migrants’ rights are upheld in the drawing-up and implementation of migrant labour policies. The EU Member States should ensure that the fundamental rights of migrant workers and their families are upheld and should be called upon to ratify the above-mentioned international convention.
Amendment 87 #
Proposal for a directive
Article 1 – point a
Article 1 – point a
(a) the conditions of entry to and residence for more than three monthsand work permission in the territory of the Member States of third-country nationals and of their family members in the framework of an intra-corporate transfer;
Amendment 89 #
Proposal for a directive
Article 1 – point b
Article 1 – point b
(b) the conditions of entry to and residence for more than three months of third- country nationals, referred to in point (a), in Member States other than the Member State which first grants the third- country national a residence permit on the basis of this Directive.
Amendment 92 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive shall apply to third- country nationals who reside outside the territory of a Member State and apply to be admitted to the territory of a Member State in the framework of an intra- corporate transfer.
Amendment 127 #
Proposal for a directive
Article 3 – point g
Article 3 – point g
(g) ‘graduate trainee’ means any person with a highergeneral secondary, technical or vocational education qualification who is transferred to a company to broaden his/her knowledge of and experience in a company in preparation for a managerial positionand to carry out paid work within theat company;
Amendment 135 #
Proposal for a directive
Article 3 – point h
Article 3 – point h
(h) ‘higher education qualification’ means any diploma, certificate or other evidence of formal qualifications issued by a competent authority attesting to the successful completion of a post-general secondary higher education programme of at least three years, technical or vocational education or training programme, namely a set of courses provided by an educational establishment recognised as a highergeneral secondary, technical or vocational education institution by the State in which it is situated;
Amendment 146 #
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) provide evidence of employment within the same group of undertakings, for at least 12 months 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;
Amendment 158 #
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 transfer, and its accordance with any collective agreements applicable to the host entity;
Amendment 165 #
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 graduate trainees, the higher education qualifications required;
Amendment 168 #
Proposal for a directive
Article 5 – paragraph 1 – point h
Article 5 – paragraph 1 – point h
Amendment 171 #
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 184 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. In addition to the evidence stipulated in paragraphs 1 and 2, aAny third-country national who applies to be admitted as a graduate trainee shallmust meet the requirements set out in paragraph 1(a), (c), (d), (f) and (g) and 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 185 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
Amendment 191 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States shall reject an application iIf the employer or the host entity has been sanctioned in conformity with national law for undeclared work and/or illegal employment. or for failing to meet their legal obligations as regards working conditions or labour rights as laid down in national law or in this Directive, the Member State of that employer or host entity shall, before deciding to reject an application, either allow the applicant a reasonable amount of time to find an equivalent job in another entity belonging to the undertaking or to the same group of undertakings in that or another Member State, or cover the costs of the applicant’s return home.
Amendment 192 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 201 #
Proposal for a directive
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
Amendment 202 #
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. If the employer or the host entity has been sanctioned in conformity with national law for undeclared work and/or illegal employment or for failing to meet their legal obligations as regards working conditions or labour rights as laid down in national law or in this Directive, the Member State of that employer or host entity shall, before deciding to reject an application, either allow the applicant a reasonable amount of time to find an equivalent job in another entity belonging to the undertaking or to the same group of undertakings in that or another Member State, or cover the costs of the applicant’s return home.
Amendment 210 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 231 #
Proposal for a directive
Article 13 – point 2
Article 13 – point 2
2. free access to the entire territoryies of the Member State issuing the permits of the European Union within the limits provided for by national law;
Amendment 232 #
Proposal for a directive
Article 13 – point 2 a (new)
Article 13 – point 2 a (new)
2a. the right (for the holder, as well as for members of his or her family within the meaning of Directive 2003/86/EC), to move freely around the EU and to have freedom of access to the Member States’ territories during the period of residence;
Amendment 237 #
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 transferee. 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 242 #
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.