Activities of Nadja HIRSCH related to 2013/0081(COD)
Shadow opinions (1)
OPINION 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 research, studies, pupil exchange, remunerated and unremunerated training, voluntary service and au pairing
Amendments (21)
Amendment 80 #
Proposal for a directive
Recital 11
Recital 11
(11) In order to make the Union more attractive for third-country national researchers, family members of researchers, as defined in Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification, should be admitted with them. They should benefit from intra- Union mobility provisions and they should also have access to the labour market. Furthermore, Member States should consider establishing information centres in the third countries as well as on their territory, in which researchers, students, interns and au-pairs could easily obtain all information related to their rights with regards to access to the labour market, social insurance and residence permits.
Amendment 83 #
Proposal for a directive
Recital 25
Recital 25
(25) Member States may charge applicants for processing applications for authorisations. The fees should be proportionate to the purpose of the stay in order to underline the welcome attitude and to avoid any deterring effects.
Amendment 86 #
Proposal for a directive
Recital 31
Recital 31
(31) The intra-Union mobility of third- country national researchers, students, remunerated and unremunerated trainees should be facilitated. For researchers, this Directive should improve the rules relating to the period for which the authorisation granted by the first Member State should cover stays in a second Member State without requiring a new hosting agreement. Improvements should be made regarding the situation of students, and the new group of remunerated trainees, by allowing them to stay in a second Member State for periods lasting between three and six months, provided that they fulfil the general conditions laid down in this Directive. For third-country national trainees coming to the Union as intra- corporate transferees, specific intra-Union mobility provisions designed according to the nature of their transfer should apply in accordance with [Directive 2013/xx/EU on intra-corporate transfers].
Amendment 87 #
Proposal for a directive
Recital 33
Recital 33
(33) In order to allow third-country national students to better cover part of the cost of their studies, they should be given increased access to the labour market under the conditions set out in this Directive, meaning a minimum of 20 hours per week. The principle of access for students to the labour market should be a general rule. However, in exceptional circumstances Member States should be able to take into account the situation of their national labour markets, although this must not risk entirely negating the right to work.
Amendment 89 #
Proposal for a directive
Recital 34
Recital 34
(34) As part of the drive to ensure a well- qualified workforce for the future, Member States should allow students who graduate in the Union to remain on their territory with the intention to identify work opportunities or to set up a business for 12at least 18 months after expiry of the initial authorisation.. They should also allow researchers to do so upon completion of their research project as defined in the hosting agreement. This should not amount to an automatic right of access to the labour market or to set up a business.They may be requested to provide evidence in accordance with Article 24.
Amendment 91 #
Proposal for a directive
Recital 35
Recital 35
Amendment 99 #
Proposal for a directive
Article 3 – point k
Article 3 – point k
(k) ‘research organisation’ means any public or private organisation and company which conducts research and which has been approved for the purposes of this Directive by a Member State in accordance with the latter's legislation or administrative practice;
Amendment 108 #
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Member States shall determine whether applications for authorisations are to be made by the researcher orand by the research organisation concerned.
Amendment 109 #
Proposal for a directive
Article 8 – paragraph 6
Article 8 – paragraph 6
6. A Member State may, among other measures, refuse to renew or decide to withdraw the approval of a research organisation which no longer meets the conditions laid down in paragraphs 2, 3 and 4 or in cases where the approval has been fraudulently acquired or where a research organisation has signed a hosting agreement with a third-country national fraudulently or negligwith intently. Where approval has been refused or withdrawn, the organisation concerned may be banned from reapplying for approval up to five years from the date of publication of the decision on withdrawal or non-renewal.
Amendment 112 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point b
Article 12 – paragraph 1 – subparagraph 1 – point b
Amendment 115 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point c
Article 12 – paragraph 1 – subparagraph 1 – point c
Amendment 117 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 120 #
Proposal for a directive
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
Amendment 123 #
Proposal for a directive
Article 14 – point a
Article 14 – point a
(a) be at least 17 but not more than 30 or, except in individually justified cases, more than 30 years of age;5 years.
Amendment 126 #
Proposal for a directive
Article 14 – point c
Article 14 – point c
(c) produce an agreement between the au- pair and the host family defining his/her rights and obligations, including specifications about the pocket money to be received, the right to at least one full free day per week and adequate arrangements allowing him/her to attend courses, and participation in day-to-day family duties.
Amendment 133 #
Proposal for a directive
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
Member States shallmay withdraw an authorisation in the following cases :
Amendment 142 #
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Students, school pupils, volunteers, unremunerated trainees and au pairs, irrespective of whether they are allowed to work in accordance with Union or national law, shall be entitled to equal treatment in relation to access to goods and services and the supply of goods and services made available to the public, except procedures for obtaining housing as provided for by national law.
Amendment 145 #
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
After finalisation of research or studies in the Member State, third-country nationals shall be entitled to stay on the territory of the Member State for a period of 12at least 18 months in order to look for work or set up a business, if the conditions laid down in points (a) and (c) to (f) of Article 6 are still fulfilled. In a period of more than 3 and less than 6 months, third-country nationals may be requested to provide evidence that they continue to seek employment or are in the process of setting up a business. After a period of 6 months, third-country nationals may additionally be requested to provide evidence that they have a genuine chance of being engaged or of launching a business.
Amendment 147 #
Proposal for a directive
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
1a. After finalisation of research or studies in the Member State, third-country nationals shall be entitled to stay on the territory of the Member State for a period of at least 12 months in order to look for work or set up a business, if the conditions laid down in points (a) and (c) to (f) of Article 6 are still fulfilled. In a period of more than 3 and less than 6 months, third-country nationals may be requested to provide evidence that they continue to seek employment or are in the process of setting up a business. After a period of 6 months, third-country nationals may additionally be requested to provide evidence that they have a genuine chance of being engaged or of launching a business.
Amendment 152 #
Proposal for a directive
Article 26 – title
Article 26 – title
Right to mobility between Member States for researchers, students, remunerated and unremunerated trainees.
Amendment 155 #
Proposal for a directive
Article 26 – paragraph 2 – introductory part
Article 26 – paragraph 2 – introductory part
For periods exceeding three months, but not exceeding six months, a third-country national who has been admitted as a student or as a remunerated and unremunerated trainee under this Directive shall be allowed to carry out part of his/her studies/traineeship in another Member State provided that before his or her transfer to that Member State, he/she has submitted the following to the competent authority of the second Member State: