9 Amendments of Sari ESSAYAH related to 2007/0229(COD)
Amendment 1 #
Proposal for a directive
Recital 9
Recital 9
(9) In the absence of horizontal communityUnion legislation, the rights of third-country nationals vary, depending on the Member State in which they work and on their nationality. They do not have the same rights as nationals of the Member State, or other EU citizens. With a view to pursueing a further development of a coherent immigration policy, to lower and narrowing the rights gap between EU citizens and third- country nationals legally working and complementing the existing immigration acquis, a set of rights should be laid down in particular in the form of specifying the policy fields where equal treatment with own nationals is provided for third-country workers legally admitted in a Member States but not yet long -term residents. Such provisions are intended to establish a minimum level playing field within the EU, to recognizse that such third-country nationals legally working in a Member States contribute to the European economy through their work and tax payments and to serve as a safeguard to reduce unfair competition between own nationals and third-country nationals resulting from possible exploitation of the latter. Definition of "third country worker" as laid down in Article 2(b) of this Directive means, without prejudice to the interpretation of the concept of employment relationship in other EU legislation, any third-country national who has been admitted to the territory of a Member State, is legally resident and is allowed to work in the context of a paid relationship under national law and /or in accordance with national practice in that Member State.
Amendment 10 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Equal treatment of third-country workers does not cover measures in the field of vocational training which are financed under social assistance schemes.
Amendment 16 #
Proposal for a directive
Recital 9
Recital 9
(9) In the absence of horizontal community legislation, the rights of third-country nationals vary, depending on the Member State in which they work and on their nationality. They do not have the same rights as nationals of the Member State, or other EU citizens. With a view to pursue a further development of a coherent immigration policy, to lower the rights gap between EU citizens and third-country nationals legally working and complementing the existing immigration acquis a set of rights should be laid down in particular in the form of specifying the policy fields where equal treatment with own nationals is provided for third-country workers legally admitted in a Member States but not yet long term residents. Such provisions are intended to establish a level playing field within the EU, to recognize that such third-country nationals legally working in a Member States contribute to the European economy through their work and tax payments and to serve as a safeguard to reduce unfair competition between own nationals and third-country nationals resulting from possible exploitation of the latter. Definition of "third country worker" as laid down in Article 2(b) of this Directive means, without prejudice to the interpretation of the concept of employment relationship in other EU legislation, any third-country national who has been admitted to the territory of a Member State, is legally resident and is allowed to work in the context of a paid relationship under national law and /or in accordance with national practice in that Member State.
Amendment 19 #
Proposal for a directive
Article 3 – paragraph 2 – point (b)
Article 3 – paragraph 2 – point (b)
(b) covered by Directive 96/71/ECwho are posted as long as they are posted;
Amendment 20 #
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 situation. The provisions on equal treatment concerning social security in this Directive also apply to persons comentering to a Member State directly from a third countrystate, but allowing Member States to limit equal treatment to those in employment. Nevertheless, this Directive should noteither 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. nor limit the power of the Member States to organise their social security schemes and to lay down the conditions under which a person is affiliated to a social security scheme. Nor should it confer rights in respect of situations that do not fall within the scope of EU legislation as for example in the case of family members residing in a third country.
Amendment 24 #
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 EU legislation, 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 37 #
Proposal for a directive
Article 12 – paragraph 2 – point e
Article 12 – paragraph 2 – point e
(e) by restriclimiting the rights conferred under paragraph 1(e) to third-country workers who are in employment except for un, with the exception of unemployment benefits for those whose entitlement is based on previous employment in the respective Member State, to third-country nationals who are in employment benefits.
Amendment 46 #
Proposal for a directive
Article 12 – paragraph 2 – point (e)
Article 12 – paragraph 2 – point (e)
(e) by restriclimiting the rights conferred under paragraphs 1(e) tofor third-country workers, but shall not restrict such rights for third- country workers who are in employment except for unemploymentor who have been employed for a minimum period of 6 months and 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 beenefits 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 49 #
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 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 may 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.