Arbejdsmarkedsudvalget 2009-10, Europaudvalget 2009-10
AMU Alm.del Bilag 286, KOM (2010) 0379 Bilag 4
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THE PARLIAMENT OF THE CZECH REPUBLIC
SENATE
7
th
term
562
nd
RESOLUTION
OF THE SENATE
delivered on the 23
rd
meeting held on 22
nd
June 2010
on 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 seasonal employment
The Senate
I.
1.
Is of the opinion
that the conditions of entry and residence of the third country nationals for the
purposes of seasonal employment can be adequately regulated on the national
level, while legal regulation on the EU level is neither necessary nor does it
present an added value when compared to the current state, with regard to its
extent and impacts;
2.
Has thus come to the conclusion
that the submitted proposal is not in compliance with the principle of subsidiarity
as defined in Article 5 Paragraph 3 of the Treaty on European Union;
3.
Delivers
a
reasoned opinion
on the proposal of the directive in compliance with the Article
6 of the Protocol No. 2 of the Lisbon Treaty;
II.
1.
Stresses
the fact that the need for regulation of seasonal work differs among individual
Member States with regard to different structures of their labour markets;
2.
Is of the opinion
that the proposal does not anticipate any effective mechanisms that could prevent
third country nationals from applying for permit in another Member State once
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their original permit in the first Member State runs out, in order to ensure a
residence on EU territory for a period longer than 6 months in a given year;
3.
Considers it problematic
to set up rules on circular migration aimed at particular sectors, such as agriculture
or tourism, as Commission does in the proposal, with regard to the fact that the
character of this work may not reflect the needs of seasonal migration in the states
where seasonal work is being used in different sectors, for example building
industry;
4.
Points out
that with the current wording of the proposal it cannot be precluded that in the area
of social welfare the guarantees of seasonal workers’ rights as stated in Article 16
Paragraph 2 of the proposal will lead to higher level of protection of seasonal
workers from third countries than of the citizens from the new Member States to
which the transitional periods regarding access to labour markets are still being
applied;
5.
States
that neither the proposal for the directive nor other available analyses make it
currently possible to precisely identify the financial impacts of the guarantees that
should be granted to seasonal workers in the area of social welfare;
6.
Reminds
that the proposed regulation could lead to new administrative costs related to the
setting up of a system of processing of the applications, including the obligation to
designate or constitute an authority to receive the applications and issue permits
(Article 9 Paragraph 2 of the proposal) or to oversight of accommodation for
seasonal workers as stated in the Article 14 of the proposal;
III.
Authorises
the President of the Senate to forward this resolution to the European Parliament,
the Council and the Commission and to the Presidents of parliamentary chambers
of the EU Member States.
Přemysl Sobotka
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President of the Senate
Alena Venhodová
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Senate Verifier