17 Amendments of Monika HOHLMEIER related to 2010/0210(COD)
Amendment 72 #
Proposal for a directive
Recital 8
Recital 8
(8) This Directive should be without prejudice to the right of the Member States to determine the volumes of admission of third-country nationals coming from third countries to their territory for the purposes of seasonal work as specified in Article 79(5) of the Treaty on the Functioning of the European Union. Regarding volumes of admission, Member States retain the possibility not to grant residence permits for seasonal employment in general or for certain professions, economic sectors or regions.
Amendment 146 #
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. ApplicationsThe Member States shall ensure that at least the following criteria for admission to a Member State under the terms of this Directive shall be accompanied by the following documentsare fulfilled:
Amendment 164 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Third-country nationals shall be in possession of a valid travel document, as determined by national law.
Amendment 168 #
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Member States may require that all conditions according to applicable laws, regulations, administrative provisions, collective agreements or practices applicable to comparable seasonal workers in the relevant occupational branches are met with regard to pay, insurance cover and other terms of employment.
Amendment 170 #
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Member States shall reject an application for admission to a Member State for the purposes of this Directive in the cases set out in paragraph 1 and may reject an application particularly in the cases set out in paragraphs 2 to 4.
Amendment 195 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States may reject an application on the grounds of volumes of admission of third-country nationals in general or from certain third countries determined by themselves.
Amendment 196 #
Proposal for a directive
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. Regarding volumes of admission, Member States may set quotas for certain professions, economic sectors of seasonal work or regions.
Amendment 198 #
Proposal for a directive
Article 6 – paragraph 4 b (new)
Article 6 – paragraph 4 b (new)
4b. Member States may reject an application on the grounds of the economic sectors determined by Member States in which the criteria laid down in Article 3(c) are fulfilled or on the grounds of certain temporal limits they have set for the enterprises in these economic sectors.
Amendment 200 #
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 particularly in the following cases:
Amendment 220 #
Proposal for a directive
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. Member States may determine that the placement of seasonal workers from third countries must be carried out by a government agency.
Amendment 222 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. For stays exceeding three months, Member States may grant seasonal workers who fulfil the admission criteria as set out in Article 5 and for whom the competent authorities have taken a positive decision shall be issued with a seasonal worker permit or a long stay visa.
Amendment 224 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The seasonal worker permit shall be issued by the competent authorities of the Member States using the format as laid down in Council Regulation (EC) No 1030/2002. In accordance with point (a) 6.4 of the Annex to that Regulation, Member States shall enter ‘seasonal worker’ under the heading ‘type of permit’The permit must clearly indicate that it is for the purpose of seasonal employment.
Amendment 247 #
Proposal for a directive
Article 12 – paragraph 2 – point a
Article 12 – paragraph 2 – point a
(a) Member States shall provide that 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 seasonal worker permit, shallmay be excluded from admission as a seasonal worker for one or more subsequent years;. Any exclusion shall be proportionate to the circumstances of the case.
Amendment 256 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Any decision rejecting an application, or any decision not to renew or to withdraw the permit, shall be notified in writing to the applicantthird-country national concerned and, where relevant, to his employer in accordance with the notification procedures under the relevant national law and shall be open to a legal challenge in the Member State concerned, in accordance with national law. The notification shall specify the reasons for the decision, the possible redress procedures available and the time limit for taking action.
Amendment 259 #
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 adequate accommodation that ensures an adequate decent standard of living. As a minimum, such accommodation shall be conducive to health and safety. The accommodation shall allow access to basic services. If seasonal workers are required to pay rent for such accommodation, its cost shall not be excessive in relation to their remuneration.
Amendment 268 #
Proposal for a directive
Article 15 – introductory part
Article 15 – introductory part
During the period of validity of a seasonal worker permit, the holder shall enjoy at least the following rights, without prejudice to the Schengen Borders Code and the Schengen Implementing Convention:
Amendment 277 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall communicate to the Commission statistics on the number of residence permits and visas issued for the first time or renewed and, as far as possible, on the number of residence permits and visas withdrawn for the purpose of seasonal employment to persons who are third-country nationals, disaggregated by citizenship, age and sex, length of validity of the permit and economic sector, disaggregated by citizenship and age.