Activities of Georgios PAPANIKOLAOU related to 2010/0210(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on the conditions of entry and residence of third-country nationals for the purposes of seasonal employment PDF (580 KB) DOC (418 KB)
Amendments (37)
Amendment 67 #
Proposal for a directive
Recital 6
Recital 6
(6) This Directive should contribute to the effective management of migration flows for the specific category of seasonal temporary migration by setting out fair and transparent rules for admission and stay, while at the same time providing for incentives and safeguards to prevent overstaying and/or temporary stay from becoming permanent. In addition, the rules laid down in Directive 2009/52/EC of the European Parliament and of the European Council providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals will contribute to avoiding such temporary stay turning into illegal stay.
Amendment 84 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
11a. Applications for admission as a seasonal worker may not be submitted by: (a) anyone having previously resided legally in a Member State and lost the right of legal residence on grounds relating to public order and safety. In particular, anyone who has been convicted of an offence and who as a penalty has been subject to administrative expulsion from a Member State may not submit an application for admission as a seasonal worker for a period of time after the Commission of the offence corresponding to the statutory limit period of limitation imposed under the provisions of the jurisdiction in which the offence was committed. (b) Anyone who has forfeited their legal residence in a Member State on grounds of public health must, in order to apply for admission, demonstrate that the reasons concerned no longer apply; and (c) third country nationals who have illegally entered the territory of a Member State. Applicants must demonstrate that they have not been prosecuted for criminal offences committed in their country of origin and that they have not been subject to custodial sentences. They must also show that they do not pose a threat to public health.
Amendment 90 #
Proposal for a directive
Recital 14
Recital 14
(14) Member States should have the possibility to apply a test demonstrating that a post cannot be filled from within the domestic labour market or from the workforce of another EU Member State or by a third country national resident in the country. This possibility is very important at a time when many Member States are facing serious unemployment problems.
Amendment 94 #
Proposal for a directive
Recital 16
Recital 16
(16) The duration of stay should be limited to a maximum period per calendaof six months per year which, together with the definition of seasonal work, should ensure that the work is of genuinely seasonal nature. Provision should be made that within that maximum duration of stay, an extension of the contract or change of employer is possible. This should serve to reduce risks of abuses that seasonal workers may face if tied to a single employer and at the same time provide for a flexible response to employers’ actual workforce needs, provided that this change does not materially affect for the worse any of the objective criteria whose existence was considered after submission of the application in accordance with the provisions of the national legislative framework. This should serve to reduce risks of abuses that seasonal workers may face if tied to a single employer and at the same time provide for a flexible response to employers’ actual workforce needs, while ensuring that the provisions and purposes of this directive are not evaded, especially cases where an employer submits a bogus firm offer of employment initially concealing the aim of securing the admission of a seasonal worker and then changing his or her working conditions through an extension or a change of employer, ensuring that the rights of seasonal workers are protected.
Amendment 101 #
Proposal for a directive
Recital 17
Recital 17
(17) Circular migration of third-country national seasonal workers should be promoted. In order for seasonal workers to have employment prospects in the EU for periods beyond a single season and for EU employers to be able to rely on a more stable and already trained workforce, the possibility of access to seasonal employment for several consecutive years should be provided, either through a multi- seasonal worker permit or a facilitated procedure. This procedure should include preference over admissions of third- country nationals applying to be admitted as seasonal workers for the first time or reduced processing times, or less documentary evidence being required, without succumbing to or provoking unwarranted discrimination on the grounds of race, gender, religion, or the political and philosophical beliefs of those applying for an admission permit. In each case, however, it must be shown that the preconditions for issuing the initial licence were in place in the case of the seasonal worker concerned.
Amendment 110 #
Proposal for a directive
Recital 19
Recital 19
(19) In order to ensure that seasonal workers have adequate accommodation during their stay, including at a reasonable cost, provision should be made to require employers to provide the evidence of the accommodation they or third-parties provide. In cases where seasonal workers change their accommodation, they must declare this change to the competent authorities and demonstrate adequately the suitability of their new accommodation.
Amendment 119 #
Proposal for a directive
Recital 24
Recital 24
(24) Since the objectives, namely the introduction of a special admission procedure and the adoption of conditions on entry and residence for the purpose of seasonal employment by third-country nationals, cannot be sufficiently achieved by Member States and can therefore be better achieved at Union level, the Union may adopt measures in accordance with the subsidiarity principle as set out in Article 5 of the Treaty on European Union, taking account of immigration and employment policies at European and national level. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.
Amendment 121 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive determines the conditions of entry and residence of third-country nationals for the purposes of employment as seasonal workers, the type of work they may undertake in this capacity and the time they may remain in the Member State concerned for this purpose, and defines the rights of seasonal workers.
Amendment 124 #
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 the Member States and apply to be admitted to the territory of a Member State for the purpose of employment as seasonal workers. Third country nationals who have entered EU territory illegally or who have entered legally under a procedure other than that described in this directive or who entered legally but at the time of the adoption of this directive are residing illegally within the territory of a Member State shall not be entitled to apply for acceptance as a seasonal worker.
Amendment 126 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. This Directive shall apply to the agriculture, horticulture and tourism sectors. Member States may decide to extend its application to additional activities that are dependent on the passing of the season after consultation with the social partners.
Amendment 134 #
Proposal for a directive
Article 3 – point b
Article 3 – point b
(b) ‘seasonal worker’ means a third- country national who retains a legal domicile in a third country but resides temporarily, for more than six months of a 12-month period, for the purposes of employment in the territory of a Member State in a sector of activity dependent on the passing of the seasons, according to Article 2(2), under one or more fixed-term work contracts concluded directly between the third-country national and the employer established in a Member State;
Amendment 141 #
Proposal for a directive
Article 3 – point d
Article 3 – point d
(d) ‘seasonal worker permit’ means the authorisation bearing the words ‘seasonal worker’ entitling its holder to reside and work in the territory of a Member State under the terms of this Directive for a period of up to six months in any 12- month period;
Amendment 149 #
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) a valid work contract or, as provided for in national law, a binding job offer to work as a seasonal worker in the Member State concerned with an employer established in the Member State that specifies clearly the nature of the work, the rate of pay and the working hours per week or month and, when applicable, other relevant working conditions;
Amendment 159 #
Proposal for a directive
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
Amendment 160 #
Proposal for a directive
Article 5 – paragraph 1 – point d a (new)
Article 5 – paragraph 1 – point d a (new)
(da) a signed commitment by the seasonal worker that he/she will return to his/her country of origin after the end of the work contract and undertake the obligation to present himself/herself at the national Consular office of the Member State in his/her country of origin within one month of his/her return. In case that a Member State does not have such an office in the third country then the seasonal worker must present himself/herself in the Consular office of another Member State or in the delegation of the EU.
Amendment 161 #
Proposal for a directive
Article 5 – paragraph 1 – point d a (new)
Article 5 – paragraph 1 – point d a (new)
da. evidence showing that the applicant has not been convicted of a custodial sentence in his or her country of origin;
Amendment 162 #
Proposal for a directive
Article 5 – paragraph 1 – point d b (new)
Article 5 – paragraph 1 – point d b (new)
db. Evidence that the applicant does not pose a threat to public health in the Member State in which the application is lodged;
Amendment 163 #
Proposal for a directive
Article 5 – paragraph 1 – point d c (new)
Article 5 – paragraph 1 – point d c (new)
dc. Member States shall be entitled to request that the application be accompanied by other evidence and documents as they see fit with a view to achieving the objectives of this directive and of their national laws;
Amendment 180 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Member States mayshall reject an application if the employer has been sanctioned in conformity with national law for undeclared work and/or illegal employment.n the following cases:
Amendment 184 #
Proposal for a directive
Article 6 – paragraph 3 – point a (new)
Article 6 – paragraph 3 – point a (new)
(a) if the employer has been sanctioned in conformity with national law for undeclared work and/or illegal employment, and/or for failing to meet its legal obligations regarding working conditions or rights as enshrined in Article 16;
Amendment 186 #
Proposal for a directive
Article 6 – paragraph 3 – point b (new)
Article 6 – paragraph 3 – point b (new)
(b) if the employer has failed to pay his tax or social security contributions, or
Amendment 188 #
Proposal for a directive
Article 6 – paragraph 3 – point c (new)
Article 6 – paragraph 3 – point c (new)
(c) has been sanctioned under Article 12(2);
Amendment 191 #
Proposal for a directive
Article 6 – paragraph 3 – point d (new)
Article 6 – paragraph 3 – point d (new)
(d) if the terms of the work contract have been violated.
Amendment 197 #
Proposal for a directive
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. Member States may reject an application for admission from anyone who has previously forfeited the right to legal residence on grounds of public order and safety, and in particular anyone who has been convicted in the territory of a Member State of committing an offence and been subject to the penalty of administrative expulsion. In the case of a criminal conviction, the applicant may not apply for admission for a period of time equal to the statutory limit laid down for that criminal offence under the law of the jurisdiction in which it was committed.
Amendment 201 #
Proposal for a directive
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. Member States may withdraw or refuse to renew the permit issued on the basis of this Directive in any of the following cases:
Amendment 204 #
Proposal for a directive
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) for reasons of public policy, public security or public health.; or
Amendment 211 #
Proposal for a directive
Article 7 – paragraph 2 – point b a (new)
Article 7 – paragraph 2 – point b a (new)
(ba) wherever one of the violations mentioned in Article 6(3) has been committed.
Amendment 215 #
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. The Commission shall publish in its EU immigration Portal information on the conditions under which an eligible person can work as a seasonal worker in one of the Member States. Therefore, the Member States shall be encouraged to send to the Commission all the relevant information.
Amendment 219 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall designate the authority competent to receive the application and to issue the seasonal worker permit, as well as the appropriate authority or authorities to which third country nationals should declare any changes of residence.
Amendment 231 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Seasonal workers shall be allowed to reside for a maximum of six months in any calendar year12-month period, after which they shall return to a third country.
Amendment 241 #
Proposal for a directive
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) provide a facilitated procedure for third-country nationals who were admitted to that Member State as seasonal workers and who apply to be admitted as such in a subsequent year provided that they can adequately demonstrate that the conditions laid down in Article 5(1) continue to apply to them.
Amendment 249 #
Proposal for a directive
Article 12 – paragraph 2 – point a
Article 12 – paragraph 2 – point a
(a) a third-country national who has not complied with the obligations arising from the admission decision during a previous stay as a seasonal worker, and in particular with the obligation to return to a third country on the expiry of the permit, or who has committed infringements and offences under the law of the Member State, shall be excluded from admission as seasonal worker for one or more subsequent years;
Amendment 263 #
Proposal for a directive
Article 14
Article 14
Member States shall require employers of seasonal workers to provide evidence that the seasonal worker will benefit from accommodation that ensures an adequate standard of living throughout the duration of the employment contract. If seasonal workers are required to pay rent for such accommodation, its cost shall not be excessive in relation to their remuneration.
Amendment 266 #
Proposal for a directive
Article 14 a (new)
Article 14 a (new)
Article 14 a Obligations of the employers Member States shall require employers of seasonal workers to pay for: (a) the cost of travel from the seasonal workers' place of origin to the place of work in the Member State concerned and the return journey in accordance with safety standards; (b) the visa fee and, if applicable, any service fees related to the visa; (c) the cost of health insurance referred to in point (c) of Article 5; (d) a deposit for each worker admitted, which is refundable only if the worker returns, this will be confirmed by the national Consular office in the country of origin for the third country national. In case that a Member State does not have such an office in the third country then the seasonal worker must present himself/herself in the Consular office of another Member State or in the delegation of the EU.
Amendment 267 #
Proposal for a directive
Article 14 b (new)
Article 14 b (new)
‘Article 14b Requirement to report change of accommodation In the event of a change in the seasonal worker’s accommodation, either the worker or employer shall be required within a reasonable time period to report the change to the authority designated as responsible by each Member State. Failure to comply with this requirement may be grounds for exclusion from admission to the Member State in future pursuant to Article 12(2)(a).
Amendment 275 #
Proposal for a directive
Article 17
Article 17
Member States shall ensure that third parties which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring compliance with this Directive, may engage either on behalf of or in support of a seasonal worker, with his/her approval and after providing clear and comprehensible information, in any administrative or civil proceedings provided for with the objective of implementing this Directive.
Amendment 282 #
Proposal for a directive
Article 19 a (new)
Article 19 a (new)
‘Article 19a Notification of a Member State’s requirements for seasonal workers In order to ensure that the principle of giving preference to EU citizens with regard to access to the Member States’ labour markets is effectively applied, the Member States shall periodically announce the results of research and studies concerning their requirements for seasonal workers and the existence of specific posts for seasonal workers within their territory using the means of communication available to European organisations for this purpose (European organisations’ websites, television networks, etc.). Employers shall be encouraged a far as possible to contribute to the publication of announcements providing such information. Member States shall strive to assist employers in this matter by providing them with all the necessary means.