Activities of Alejandro CERCAS related to 2007/0229(COD)
Plenary speeches (4)
Single application procedure for residence and work (debate)
Single application procedure for residence and work (A7-0265/2010, Véronique Mathieu) (vote)
Single application procedure for residence and work (debate)
Single application procedure for residence and work (debate)
Amendments (13)
Amendment 6 #
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 1971883/2004 onf 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 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 StatesEuropean 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.
Amendment 8 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Union law does not limit the power of the Member States to organise their social security schemes. In the absence of harmonisation at Union level, it is for the legislation of each Member State to lay down the conditions under which social security benefits are granted, as well as the amount of such benefits and the period for which they are granted. However, when exercising that power, Member States should comply with Union law.
Amendment 11 #
Proposal for a directive
Recital 16 b (new)
Recital 16 b (new)
(16b) Member States should ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, adopted by the General Assembly of the United Nations on 18 December 1990.
Amendment 13 #
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 Union legislation, any third-country national who has been admitted to the territory of a Member State, is legally resident and is allowed to work legallyunder national law or in accordance with national practice in that Member State;
Amendment 17 #
Proposal for a directive
Article 3 – paragraph 2 – point (b)
Article 3 – paragraph 2 – point (b)
(b) covered by Directive 96/71/EC as long as they are posted and shall not affect the Member States' responsibility for the access and admission of third-country nationals to their labour markets;
Amendment 24 #
Proposal for a directive
Article 12 – paragraph 1 – point (a)
Article 12 – paragraph 1 – point (a)
(a) working conditions, including pay and dismissal as well as health and safety at the workplace, working time, leave taking into account collective agreements;
Amendment 25 #
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 of the European Parliament and of the Council;
Amendment 27 #
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 29 #
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 and advice services afforded by employment offices as provided by national law.
Amendment 38 #
Proposal for a directive
Article 12 – paragraph 2 – point (d)
Article 12 – paragraph 2 – point (d)
Amendment 38 #
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 a worker residing in third-countries as they derive their rights from the worker, shall receive, in case of old-age, invalidity and death, statutory pensions based on the worker's previous employment and acquired in accordance with the legislation defined in Article 3 of Council Regulation (EC) No 883/2004, under the same conditions and at the same rates as the nationals of the Member States concerned when they move to a third- country. Member States can make the application of this provision conditional to the existence of bilateral agreements in which the reciprocal export of pensions is acknowledged and a technical cooperation established.
Amendment 44 #
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) to third-country workers who are in employment except for unemployment benefitsmaking use of residence criteria (for the residence-based benefits, but not employment-related benefits) if the residence permit is issued for the purposes other than work but the residence permit allows working.
Amendment 52 #
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. This Directive shall apply without prejudice to the rights and principles contained in the European Social Charter of 18 October 1961 and the European Convention on the legal status of migrant workers of 24 November 1977.