EU: Danish presidency has a hard time getting a bargaining mandate on the intra-corporate transfers directive

Targeted workers.  The draft directive on intra-corporate transfers is still waiting on the table of the Council of EU Ministers.  The text the European Commission proposed in July 2010 aims to facilitate the entry and residence of skilled third-country nationals posted in Europe within a multinational company (see our dispatch No.  100564).  It notably provides for the award of a residence/work permit for one-three years within the framework of a simpler procedure.  Yet, the Danish Presidency is having a hard time getting an agreement between the Twenty-Seven on the future law’s modalities.  The first obstacle is the scope of the text.  The definition of the workers concerned, particularly managers and experts, is still pen at the Council.  The European Parliament defines managers as a person “receiving general supervision or direction principally from the board of directors or stockholders of the business or equivalent.”  It adds that the position may include directing the host entity or a department, supervising the work of other employees, or even being responsible for a project of significant size, leading them to having important human or financial resources at their disposal.  In another amendment, the MEPs define experts as highly-skilled workers who possess “technical, professional or scientific skills essential to the host entity, having higher professional qualifications or adequate professional experience, including, where relevant, membership of an accredited profession.”  Some Member States suggest referring to the definitions given in the GATT agreements, but it has not been settled yet.