Activities of Ria OOMEN-RUIJTEN related to 2007/0229(COD)
Plenary speeches (2)
Single application procedure for residence and work (debate)
Single application procedure for residence and work (debate)
Amendments (21)
Amendment 3 #
Proposal for a directive
Recital 12
Recital 12
(12) TPosted third-country nationals are not covered by this Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services as long as they are post. This should not prevent third-country nationals who are legally resident and lawfully employed toin a Member State and third- country nationals entering a Member State under commitmentsposted to another Member State from contained in an international agreement facilitating the entry and temporary stay of certain categories of trade and investment-related natural persons should not be covered by this Directive as they are not considered part of the labour market of that Member Stateuing to enjoy equal treatment with respect to nationals of the Member State of origin for the duration of their posting, in respect of those terms and conditions of employment which are not affected by the application of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services.
Amendment 4 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
Amendment 5 #
Proposal for a directive
Recital 15
Recital 15
(15) Professional qualifications acquired by a third-country national in another Member States should be recognised the same way as for Union citizens and qualifications acquired in a third country should be taken into account in conformity with the provisions of Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications. The right to equal treatment accorded to third-country workers as regards recognition of diplomas, certificates and other professional qualifications in accordance with the relevant national procedures is without prejudice to the competence of Member States to admit those third- country workers to their labour market.
Amendment 7 #
Proposal for a directive
Recital 16
Recital 16
(16) Third-country nationals who work in the territory of a Member Stateworkers 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 Community1. 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 nationality2 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 situation883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems1. The provisions on equal treatment concerning social security in this Directive also apply to personworkers coming to a Member State directly from a third country. Nevertheless, this Directive should not confer on third-country workers more rights than those already provided in the existing CommunityUnion legislation in the field of social security for third- country nationals who have cross- border elements between Member States. This Directive, furthermore, should not grant rights in relation to situations which lie outside the scope of Union legislation, for example family members residing in a third country. This Directive grants rights only in relation to those family members who join the third-country worker to reside in any Member State on the basis of family reunification or to those family members who already reside legally in the given Member State.
Amendment 9 #
Proposal for a directive
Recital 16 b (new)
Recital 16 b (new)
(16b) Member States should at least give equal treatment to those third-country nationals who are in employment or who after a minimum period of employment are registered as unemployed. Any restrictions to the equal treatment in the field of social security under this Directive should be without prejudice to the rights conferred in application of Regulation (UE) n° 1231/2010 of the European Parliament and of the Council of 24 November 2010 extending Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 to nationals of third countries who are not already covered by these Regulations solely on the ground of their nationality1. 1 OJ L 344, 29.12.2010, p. 1.
Amendment 12 #
Proposal for a directive
Article 1 – point (a)
Article 1 – point (a)
(a) a single application procedure for issuing a single permit for third country nationals to reside andfor the purpose of work in the territory of a Member State, in order to simplify the procedures for their admission and to facilitate the control of their status and; Or. en Justification
Amendment 14 #
Proposal for a directive
Article 2 – point (b)
Article 2 – point (b)
(b) ‘third-country worker’ means 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 18 #
Proposal for a directive
Article 3 – paragraph 2 – point (b)
Article 3 – paragraph 2 – point (b)
(b) who are posted as long as they are posted and covered by Directive 96/71/EC as long as they are posted;
Amendment 21 #
Proposal for a directive
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
Third-country workers as referred to in points (b) and (c) of Article 3(1) shall enjoy equal treatment with nationals at leastof the Member State where they reside with regard to:
Amendment 21 #
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 situation883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems. The provisions on equal treatment concerning social security in this Directive also apply to persons coming to a Member State directly from a third country. Nevertheless, this Directive should not 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.
Amendment 26 #
Proposal for a directive
Article 12 – paragraph 1 – point (e)
Article 12 – paragraph 1 – point (e)
(e) branches of social security, as defined in 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. Regulation (EEC) No 859/2003, extending the provisions of Regulation (EEC) No 1408/71 and its implementing Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by these provisions solely on the ground of their nationality shall apply accordingly883/2004;
Amendment 28 #
Proposal for a directive
Article 12 – paragraph 1 – point (g)
Article 12 – paragraph 1 – point (g)
(g) tax benefits, in so far as the worker is deemed to be resident for tax purposes in the Member State concerned;
Amendment 28 #
Proposal for a directive
Article 12 – paragraph 1 – point e
Article 12 – paragraph 1 – point e
(e) branches of social security, as defined in 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. Regulation (EEC) No 859/2003, extending the provisions of Regulation (EEC) No 1408/71 and its implementing Regulation (EEC) No 574/72 to 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordinationals of third countries who are not already covered by these provisions solely on the ground of their nationality shall apply accordinglysocial security systems;
Amendment 30 #
Proposal for a directive
Article 12 – paragraph 1 – point (h)
Article 12 – paragraph 1 – point (h)
(h) access to goods and services and the supply of goods and services made available to the public including procedures for obtaining housing and the assistance afforded by employment officess provided by national law. This paragraph is without prejudice to the freedom of contract in accordance with Union and national law.
Amendment 31 #
Proposal for a directive
Article 12 – paragraph 1 – point (h a)
Article 12 – paragraph 1 – point (h a)
(ha) advice services afforded by employment offices.
Amendment 33 #
Proposal for a directive
Article 12 – paragraph 2 – point (a)
Article 12 – paragraph 2 – point (a)
(a) by requiring proof of appropriate language proficiency for access to education and training. Aunder paragraph 1(c): – by limiting its application to those third- country workers who are in employment; – by excluding those third-country workers who have been admitted to their territory in accordance with Directive 2004/114/EC; – by excluding study and maintenance grants and loans or other grants and loans; – by laying down specific prerequisites including language proficiency and the payment of tuition fees, in accordance with national law, with respect to access to university may be subject to the fulfilment of specific educational prerequisitesand post-secondary education and to vocational training which is not directly linked to the concrete employment activity;
Amendment 35 #
Proposal for a directive
Article 12 – paragraph 2 – point (b)
Article 12 – paragraph 2 – point (b)
Amendment 40 #
Proposal for a directive
Article 12 – paragraph 2 – point (d)
Article 12 – paragraph 2 – point (d)
Amendment 45 #
Proposal for a directive
Article 12 – paragraph 2 – point (e)
Article 12 – paragraph 2 – point (e)
(e) by restricting the rights conferred under paragraphs 1(e) tofor third-country workers who are in employment except for unemployment benefitscan only be limited for those who have been employed for a periode less than 6 months and cannot be limited for those who are registered as unemployed. In addition, Member States may decide that paragraph 1 (e) with regard to family benefits shall not apply to third-country nationals who have been authorised to work on the territory of a Member State for a period not exceeding six months, to third-country nationals who have been admitted for the purpose of study or to third-country nationals who are allowed to work on the basis of a visa.
Amendment 48 #
Proposal for a directive
Article 12 – paragraph 2 – point (e a) (new)
Article 12 – paragraph 2 – point (e a) (new)
(ea) under paragraph 1(g) by limiting to cases where the registered or usual place of residence of the family members for whom he/she claims benefits, lies within the territory of the Member State concerned.
Amendment 51 #
Proposal for a directive
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Third-country workers moving to a third country, or the survivors of such workers residing in a third-country deriving rights from the worker, shall receive, in relation to old-age, invalidity and death, statutory pensions based on the workers' previous employment and acquired in accordance with the legislation set out in Article 3 of Regulation (EC) No 883/2004.