Naziv propisa EUDirektiva Saveta 2004/114/EC od 13 decembra 2004. godine o uslovima prijema državljana trećih zemalja za potrebe studija, učesnika razmene, neplaćenih obuka ili dobrovoljnih usluga.COUNCIL DIRECTIVE 2004/114/EC of 13 december 2004on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service. CELEX oznaka EU propisa 32004L0114 Organ državne uprave, odnosno drugi ovlašćeni predlagač propisa – VladaObrađivač – Ministarstvo za rad, zapošljavanje, boračka i socijalna pitanja datum izrade tabele22.09.2014. Naziv (važećeg, nacrta, predloga) propisa čije odredbe su predmet analize usklađenosti sa propisom EUPredlog zakona o zapošljavanju stranaca Draft Law on Employment of Foreigners Brojčane oznake (šifre) planiranih propisa iz baze NPI 2012-585 Usklađenost odredaba propisa sa odredbama propisa EU a) a1) b) b1) v) g) d) đ) Odredba propisa EU (član, stav, podstav, tačka, aneks) Sadržina odredbe Odredbe propisa (član, stav, tačka) Sadržina odredbe Usklađenost odredbe propisa sa odredbom propisa EU (potpuno uslađeno, delimično usklađeno, neuslađeno, neprenosivo) Razlozi za delimičnu usklađenost, neusklađenost ili neprenosivost Predviđeni datum za postizanje potpune usklađenosti Napomena o usklađenosti propisa sa propisima EU 1. The purpose of this Directive is to determine:(a) the conditions for admission of third-country nationals tothe territory of the Member States for a period exceedingthree months for the purposes of studies, pupil exchange,unremunerated training or voluntary service;(b) the rules concerning the procedures for admitting third countrynationals to the territory of the Member Statesfor those purposes. Neusklađeno Ova materija je predmet regulisanja drugog propisa 2.1. For the purposes of this Directive:(a) ‘third-country national’ means any person who is not acitizen of the European Union within the meaning ofArticle 17(1) of the Treaty; Neusklađeno Ova materija je predmet regulisanja drugog propisa 2.2. (b) ‘student’ means a third-country national accepted by anestablishment of higher education and admitted to theterritory of a Member State to pursue as his/her mainactivity a full-time course of study leading to a highereducation qualification recognised by the Member State,including diplomas, certificates or doctoral degrees in anestablishment of higher education, which may cover apreparatory course prior to such education according toits national legislation; 2.1.11 Student je stranac kome je odobren privremeni boravak zbog studiranja i koji je upisan na akreditovane studijske programe u skladu sa zakonom. Potpuno usklađeno 2.3. (c) ‘school pupil’ means a third-country national admitted tothe territory of a Member State to follow a recognisedprogramme of secondary education in the context of anexchange scheme operated by an organisation recognisedfor that purpose by the Member State in accordance withits national legislation or administrative practice; 2.4 (d) ‘unremunerated trainee’ means a third-country national whohas been admitted to the territory of a Member State for atraining period without remuneration in accordance with itsnational legislation; 2.5 (e) ‘establishment’ means a public or private establishmentrecognised by the host Member State and/or whosecourses of study are recognised in accordance with itsnational legislation or administrative practice for thepurposes set out in this Directive; 2.6 (f) ‘voluntary service scheme’ means a programme of activitiesof practical solidarity, based on a State or a Communityscheme, pursuing objectives of general interest; 2.7 (g) ‘residence permit’ means any authorisation issued by theauthorities of a Member State allowing a third-countrynational to stay legally in its territory, in accordance withArticle 1(2)(a) of Regulation (EC) No 1030/2002. 3. This Directive shall apply to third-country nationals whoapply to be admitted to the territory of a Member State for thepurpose of studies.Member States may also decide to apply this Directive to thirdcountrynationals who apply to be admitted for the purposes ofpupil exchange, unremunerated training or voluntary service.This Directive shall not apply to:(a) third-country nationals residing in a Member State asasylum-seekers, or under subsidiary forms of protection,or under temporary protection schemes;(b) third-country nationals whose expulsion has beensuspended for reasons of fact or of law;(c) third-country nationals who are family members of Unioncitizens who have exercised their right to free movementwithin the Community;(d) third-country nationals who enjoy long-term resident statusin a Member State in accordance with Council Directive2003/109/EC of 25 November 2003 on the status ofthird-country nationals who are long-term residents (1) andexercise their right to reside in another Member State inorder to study or receive vocational training;(e) third-country nationals considered under the national legislationof the Member State concerned as workers or selfemployedpersons Neusklađeno Ova materija je predmet regulisanja drugog propisa 4. This Directive shall be without prejudice to morefavourable provisions of:(a) bilateral or multilateral agreements between the Communityor the Community and its Member States and one or morethird countries; or(b) bilateral or multilateral agreements between one or moreMember States and one or more third countries.This Directive shall be without prejudice to the right ofMember States to adopt or maintain provisions that are morefavourable to the persons to whom it applies. Neusklađeno Ova materija je predmet regulisanja drugog propisa 5. The admission of a third-country national under this Directiveshall be subject to the verification of documentary evidenceshowing that he/she meets the conditions laid down in Article6 and in whichever of Articles 7 to 11 applies to the relevantcategory. Neusklađeno Ova materija je predmet regulisanja drugog propisa 6. A third-country national who applies to be admitted forthe purposes set out in Articles 7 to 11 shall:(a) present a valid travel document as determined by nationallegislation. Member States may require the period of validityof the travel document to cover at least the duration of theplanned stay;(b) if he/she is a minor under the national legislation of thehost Member State, present a parental authorisation for theplanned stay;(c) have sickness insurance in respect of all risks normallycovered for its own nationals in the Member Stateconcerned;(d) not be regarded as a threat to public policy, public securityor public health;(e) provide proof, if the Member State so requests, that he/shehas paid the fee for processing the application on the basisof Article 20.Member States shall facilitate the admission procedure forthe third-country nationals covered by Articles 7 to 11 whoparticipate in Community programmes enhancing mobilitytowards or within the Community. Neusklađeno Ova materija je predmet regulisanja drugog propisa 7. In addition to the general conditions stipulated in Article6, a third-country national who applies to be admitted for thepurpose of study shall:(a) have been accepted by an establishment of higher educationto follow a course of study;(b) provide the evidence requested by a Member State thatduring his/her stay he/she will have sufficient resources tocover his/her subsistence, study and return travel costs.Member States shall make public the minimum monthlyresources required for the purpose of this provision,without prejudice to individual examination of each case;(c) provide evidence, if the Member State so requires, ofsufficient knowledge of the language of the course to befollowed by him/her;(d) provide evidence, if the Member State so requires, thathe/she has paid the fees charged by the establishment.Students who automatically qualify for sickness insurancein respect of all risks normally covered for the nationals of theMember State concerned as a result of enrolment at an establishmentshall be presumed to meet the condition of Article6(1)(c). Neusklađeno Ova materija je predmet regulisanja drugog propisa 8. Without prejudice to Articles 12(2), 16 and 18(2), a thirdcountrynational who has already been admitted as a studentand applies to follow in another Member State part of thestudies already commenced, or to complement them with arelated course of study in another Member State, shall beadmitted by the latter Member State within a period that doesnot hamper the pursuit of the relevant studies, whilst leavingthe competent authorities sufficient time to process the application,if he/she:(a) meets the conditions laid down by Articles 6 and 7 inrelation to that Member State; and(b) has sent, with his/her application for admission, full documentaryevidence of his/her academic record and evidencethat the course he/she wishes to follow genuinelycomplements the one he/she has completed; and(c) participates in a Community or bilateral exchangeprogramme or has been admitted as a student in aMember State for no less than two years.The requirements referred to in paragraph 1(c), shall notapply in the case where the student, in the framework of his/herprogramme of studies, is obliged to attend a part of his/hercourses in an establishment of another Member State.The competent authorities of the first Member State shall,at the request of the competent authorities of the secondMember State, provide the appropriate information in relationto the stay of the student in the territory of the first MemberState. Neusklađeno Ova materija je predmet regulisanja drugog propisa 9. Subject to Article 3, a third-country national who appliesto be admitted in a pupil exchange scheme shall, in addition tothe general conditions stipulated in Article 6:(a) not be below the minimum age nor above the maximumage set by the Member State concerned;(b) provide evidence of acceptance by a secondary educationestablishment;(c) provides evidence of participation in a recognised pupilexchange scheme programme operated by an organisationrecognised for that purpose by the Member State concernedin accordance with its national legislation or administrativepractice;(d) provides evidence that the pupil exchange organisationaccepts responsibility for him/her throughout his/herperiod of presence in the territory of the Member Stateconcerned, in particular as regards subsistence, study,healthcare and return travel costs;(e) be accommodated throughout his/her stay by a familymeeting the conditions set by the Member Stateconcerned and selected in accordance with the rules ofthe pupil exchange scheme in which he/she is participating.Member States may confine the admission of schoolpupils participating in an exchange scheme to nationals ofthird countries which offer the same possibility for their ownnationals. Neusklađeno Ova materija je predmet regulisanja drugog propisa 10. Subject to Article 3, a third-country national who applies to beadmitted as an unremunerated trainee shall, in addition to thegeneral conditions stipulated in Article 6:(a) have signed a training agreement, approved if need be bythe relevant authority in the Member State concerned inaccordance with its national legislation or administrativepractice, for an unremunerated placement with a publicorprivate-sector enterprise or vocational training establishmentrecognised by the Member State in accordancewith its national legislation or administrative practice;(b) provide the evidence requested by a Member State thatduring his/her stay he/she will have sufficient resources tocover his/her subsistence, training and return travel costs.The Member States shall make public the minimummonthly resources required for the purpose of thisprovision, without prejudice to individual examination ofeach case;(c) receive, if the Member State so requires, basic languagetraining so as to acquire the knowledge needed for thepurposes of the placement. Neusklađeno Ova materija je predmet regulisanja drugog propisa 11. Subject to Article 3, a third-country national who applies to beadmitted to a voluntary service scheme shall, in addition to thegeneral conditions stipulated in Article 6:(a) not be below the minimum age nor above the maximumage set by the Member State concerned;(b) produce an agreement with the organisation responsible inthe Member State concerned for the voluntary servicescheme in which he/she is participating, giving a descriptionof tasks, the conditions in which he/she is supervised in theperformance of those tasks, his/her working hours, theresources available to cover his travel, subsistence, accommodationcosts and pocket money throughout his/her stayand, if appropriate, the training he will receive to helphim/her perform his/her service;(c) provide evidence that the organisation responsible for thevoluntary service scheme in which he/she is participatinghas subscribed a third-party insurance policy and acceptsfull responsibility for him/her throughout his/her stay, inparticular as regards his/her subsistence, healthcare andreturn travel costs;(d) and, if the host Member State specifically requires it, receivea basic introduction to the language, history and politicaland social structures of that Member State. Neusklađeno Ova materija je predmet regulisanja drugog propisa 12. A residence permit shall be issued to the student for aperiod of at least one year and renewable if the holdercontinues to meet the conditions of Articles 6 and 7. Wherethe duration of the course of study is less than one year, thepermit shall be valid for the duration of the course.Without prejudice to Article 16, renewal of a residencepermit may be refused or the permit may be withdrawn if theholder:(a) does not respect the limits imposed on access to economicactivities under Article 17;(b) does not make acceptable progress in his/her studies inaccordance with national legislation or administrativepractice. Neusklađeno Ova materija je predmet regulisanja drugog propisa 13. A residence permit issued to school pupils shall be issued for aperiod of no more than one year. Neusklađeno Ova materija je predmet regulisanja drugog propisa 14. The period of validity of a residence permit issued to unremuneratedtrainees shall correspond to the duration of theplacement or shall be for a maximum of one year. In exceptionalcases, it may be renewed, once only and exclusively forsuch time as is needed to acquire a vocational qualificationrecognised by a Member State in accordance with its nationallegislation or administrative practice, provided the holder stillmeets the conditions laid down in Articles 6 and 10. Neusklađeno Ova materija je predmet regulisanja drugog propisa 15. A residence permit issued to volunteers shall be issued for aperiod of no more than one year. In exceptional cases, if theduration of the relevant programme is longer than one year, theduration of the validity of the residence permit may correspondto the period concerned. Neusklađeno Ova materija je predmet regulisanja drugog propisa 16. Member States may withdraw or refuse to renew aresidence permit issued on the basis of this Directive when ithas been fraudulently acquired or wherever it appears that theholder did not meet or no longer meets the conditions for entryand residence laid down in Article 6 and in whichever ofArticles 7 to 11 applies to the relevant category. Member States may withdraw or refuse to renew aresidence permit on grounds of public policy, public securityor public health. Neusklađeno Ova materija je predmet regulisanja drugog propisa 17.1.1 Outside their study time and subject to the rules andconditions applicable to the relevant activity in the hostMember State, students shall be entitled to be employed andmay be entitled to exercise self-employed economic activity. Thesituation of the labour market in the host Member State may betaken into account. 17. Poslodavac može da zaposli sudenta pod uslovima iz člana 16. ovog zakona, s tim da obavljanje poslova u periodu kada traju nastavne aktivnosti može da traje najduže 20 sati nedeljno, odnosno 80 sati mesečno. Potpuno usklađeno 17.1.2 Where necessary, Member States shall grant students and/oremployers prior authorisation in accordance with national legislation. 16. Radna dozvola za zapošljavanje izdaje se na zahtev poslodavca, u skladu sa stanjem na tržištu rada, pod uslovima da poslodavac: 1)pre podnošenja zahteva za radnu dozvolu za zapošljavanje nije otpuštao zaposlene usled tehnoloških, ekonomskih ili organizacionih promena na radnim mestima za koje se traži radna dozvola za zapošljavanje, u skladu sa propisima o radu;2)mesec dana pre podnošenja zahteva za radnu dozvolu za zapošljavanje nije pronašao državljane Republike, lica koja imaju slobodan pristup tržištu rada ili stranca sa ličnom radnom dozvolom, odgovarajućih kvalifikacija sa evidencije organizacije nadležne za poslove zapošljavanja; 3)priloži predlog ugovora o radu ili drugog ugovora kojim se ostvaruju prava po osnovu rada, u skladu sa zakonom;Radna dozvola za zapošljavanje izdaje se za zapošljavanje stranca koji ima odobrenje za privremeni boravak i ispunjava sve uslove iz zahteva poslodavca koji se odnose na odgovarajuća znanja i sposobnosti, kvalifikacije, prethodno iskustvo i dr.Radna dozvola za zapošljavanje izdaje se za planirani period zaposlenja, a najduže dok traje privremeni boravak. Potpuno usklađeno 17.2 Each Member State shall determine the maximum numberof hours per week or days or months per year allowed for suchan activity, which shall not be less than 10 hours per week, orthe equivalent in days or months per year. 17. Poslodavac može da zaposli sudenta pod uslovima iz člana 16. ovog zakona, s tim da obavljanje poslova u periodu kada traju nastavne aktivnosti može da traje najduže 20 sati nedeljno, odnosno 80 sati mesečno. Potpuno usklađeno 17.3 Access to economic activities for the first year of residencemay be restricted by the host Member State. Potpuno usklađeno Ostavljena je mogućnost ograničavanja pristupa ekonomskoj aktivnosti u toku prve godine boravka, situacija nije predviđena propisom 17.4 Member States may require students to report, in advanceor otherwise, to an authority designated by the Member Stateconcerned, that they are engaging in an economic activity. Theiremployers may also be subject to a reporting obligation, inadvance or otherwise. 29.3. Poslodavac je dužan da obavesti organizaciju nadležnu za poslove zapošljavanja ako stranac ne otpočne sa radom u roku od 15 dana od dana izdavanja radne dozvole za zapošljavanje. 18. A decision on an application to obtain or renew aresidence permit shall be adopted, and the applicant shall benotified of it, within a period that does not hamper the pursuitof the relevant studies, whilst leaving the competent authoritiessufficient time to process the application.If the information supplied in support of the application isinadequate, processing of the application may be suspended andthe competent authorities shall inform the applicant of anyfurther information they need.Any decision rejecting an application for a residencepermit shall be notified to the third-country nationalconcerned in accordance with the notification proceduresprovided for under the relevant national legislation. The notificationshall specify the possible redress procedures available andthe time limit for taking action.Where an application is rejected or a residence permitissued in accordance with this Directive is withdrawn, theperson concerned shall have the right to mount a legalchallenge before the authorities of the Member State concerned. Neusklađeno Ova materija je predmet regulisanja drugog propisa 19. An agreement on the establishment of a fast-track admissionprocedure allowing residence permits or visas to be issued inthe name of the third-country national concerned may beconcluded between the authority of a Member State withresponsibility for the entry and residence of students orschool pupils who are third-country nationals and an establishmentof higher education or an organisation operatingpupil exchange schemes which has been recognised for thispurpose by the Member State concerned in accordance withits national legislation or administrative practice. Neusklađeno Ova materija je predmet regulisanja drugog propisa 20. Member States may require applicants to pay fees for theprocessing of applications in accordance with this Directive. Neusklađeno Ova materija je predmet regulisanja drugog propisa 21. Periodically, and for the first time by 12 January 2010, theCommission shall report to the European Parliament and theCouncil on the application of this Directive in the MemberStates and propose amendments if appropriate. Neprenosivo 22. Member States shall bring into force the laws, regulations andadministrative provisions necessary to comply with thisDirective by 12 January 2007. They shall forthwith informthe Commission thereof.When Member States adopt these measures, they shall contain areference to this Directive or shall be accompanied by suchreference on the occasion of their official publication. Themethods of making such reference shall be laid down byMember States. Neprenosivo 23. By way of derogation from the provisions set out in Chapter IIIand for a period of up to two years after the date set out inArticle 22, Member States are not obliged to issue permits inaccordance with this Directive in the form of a residence permit. Neprenosivo 24. Without prejudice to the second subparagraph of Article 4(2) ofDirective 2003/109/EC, Member States shall not be obliged totake into account the time during which the student, exchangepupil, unremunerated trainee or volunteer has resided as such intheir territory for the purpose of granting further rights undernational law to the third-country nationals concerned. Neprenosivo 25. This Directive shall enter into force on the twentieth dayfollowing that of its publication in the Official Journal of theEuropean Union. Neprenosivo 26. This Directive is addressed to the Member States in accordancewith the Treaty establishing the European Community. Neprenosivo
