BETA

19 Amendments of Joëlle MÉLIN related to 2016/0176(COD)

Amendment 25 #
Proposal for a directive
Recital 6
(6) The concept of highly skilled worker should replace the concept of highly qualified worker in order to emphasise that both formal educational qualifications and equivalent professional experience should be taken equally into account as criteria for admission. According to a Council Recommendation of 20 December 201232, the validation of learning outcomes, namely competences (knowledge, skills and attitudes)33 acquired through non-formal and informal learning can play an important role in enhancing employability and mobility. It recommends Member States to have in place, no later than 2018, arrangements for the validation of non- formal and informal learning. As mechanisms and arrangements for the evaluation and validation of professional experience are not readily available in all Member States, an additional transposition period of two years after the entry into force of this Directive should be provided for the provisions related to recognising professional experience in order to enable Member States, where necessary, to develop such mechanisms and arrangements. Member States’ National Contact Points on the EU Blue Card should be involved in effective cooperation with stakeholders and networks in the education, training, employment and youth sectors, as well as other relevant policy areas, for the purpose of recognising professional experience under this Directive. __________________ 32 Council Recommendation of 20 December 2012 on the validation of non- formal and informal learning (2012/C 398/01) (OJ C 398, 22.12.2012, p. 1). 33 Recommendation of the European Parliament and of the Council of 18 December 2006 on key competences for lifelong learning (OJ L 394, 30.12.2006, p. 10).deleted
2017/02/09
Committee: EMPL
Amendment 30 #
Proposal for a directive
Recital 15
(15) In order to ensure a sufficient level of harmonisation in the admission conditions throughout the Union, both minimum and maximum factors for calculating the salary threshold should be determined. Member States should fix their threshold in accordance with the situation and organisation of their respective labour markets and their general immigration policies.deleted
2017/02/09
Committee: EMPL
Amendment 41 #
Proposal for a directive
Recital 16
(16) A lower salary threshold should be laid down for specific professions where it is considered by the Member State concerned that there is a particular lack of available workforce and where such professions belong to major group 1 or 2 of the ISCO ("International Standard Classification of Occupation") classification.deleted
2017/02/09
Committee: EMPL
Amendment 44 #
Proposal for a directive
Recital 17
(17) A lower salary threshold should also be laid down to benefit third-country nationals during a certain period after their graduation. This period should be granted each time that the third-country national reaches a level of education relevant for the purposes of this Directive, namely levels 6, 7 or 8 of ISCED 2011, or levels 6, 7 or 8 of EQF, according to the national law of the Member State concerned. It should apply whenever the third-country national applies for an initial or renewed EU Blue Card within three years from the date of obtaining the qualifications and in addition, when that third-country national applies for a first renewal of the EU Blue Card and the initial EU Blue Card was issued for a period shorter than 24 months. After these grace periods – which may run in parallel – have elapsed the young professionals can be reasonably expected to have gained sufficient professional experience in order to fulfil the regular salary threshold.deleted
2017/02/09
Committee: EMPL
Amendment 48 #
Proposal for a directive
Recital 18
(18) The conditions of entry and residence of third-country nationals for the purposes of highly skilled employment, including the eligibility criteria related to a salary threshold should be defined. It should not aim to determine salaries and therefore should not derogate from the rules or practices at Member State level or from collective agreements, and should not be used to constitute any harmonisation in this field. This Directive should fully respect the competences of Member States, particularly on employment, labour and social matters.deleted
2017/02/09
Committee: EMPL
Amendment 55 #
Proposal for a directive
Recital 34
(34) Professional qualifications leading to a diploma acquired by a third-country national in another Member State should be recognised in the same way as those of Union citizens. Qualifications acquired in a third country should be taken into account in accordance with Directive 2005/36/EC of the European Parliament and of the Council42. Where a third-country national is applying for an EU Blue Card to practice an unregulated profession, Member States should avoid excessive formal requirements and full recognition procedures regarding qualifications, wherever sufficient evidence can be otherwise obtained. __________________ 42 Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 255, 30.9.2005, p. 22).
2017/02/09
Committee: EMPL
Amendment 57 #
Proposal for a directive
Article 2 – paragraph 1 – point b – indent 3
- has the required competence, as proven by higher professional qualifications.attested by the diplomas required in the Member State concerned;
2017/02/09
Committee: EMPL
Amendment 60 #
Proposal for a directive
Article 2 – paragraph 1 – point g
(g) "higher professional qualifications" means qualifications attested by evidence of higher education qualifications orentailing a minimum of five years of post- secondary studies, which must be supplemented by five years’ professional experience requiring the exercise of higher professional skills;
2017/02/09
Committee: EMPL
Amendment 62 #
Proposal for a directive
Article 2 – paragraph 1 – point h
(h) "higher education qualifications" means any diploma, certificate or other evidence of formal qualifications issued by a competent authority attesting the successful completion of a post-secondary higher education or equivalent tertiary education programme, namely a set of courses provided by an educational establishment recognised as a higher education institution or equivalent tertiary educational institution by the State in which it is situated, where the studies needed to acquire those qualifications lasted at least threfive years and correspond at least to ISCED 2011 level 6 or to EQF level 6, according to national law;
2017/02/09
Committee: EMPL
Amendment 63 #
Proposal for a directive
Article 2 – paragraph 1 – point i
(i) “higher professional skills” means skills attested by at least threfive years of professional experience of a level comparable, in addition to higher education qualifications and, which is relevant in the profession or sector specified in the work contract or binding job offer;
2017/02/09
Committee: EMPL
Amendment 97 #
Proposal for a directive
Article 13 – paragraph 2
2. Without prejudice to the criteria for admission set out in Article 5, EU Blue Card holders may engage in self-employed activity in parallel to the activity in highly skilled employmentemployment requiring at least five years’ post-secondary education, possibly supplemented by skills of a high level.
2017/02/09
Committee: EMPL
Amendment 108 #
Proposal for a directive
Article 15 – paragraph 1 – point d
(d) recognition of diplomas, certificates and other professional qual and certificationes in accordance with the relevant national procedures;
2017/02/09
Committee: EMPL
Amendment 109 #
Proposal for a directive
Article 15 – paragraph 1 – point f
(f) access to goods and services and the supply of goods and services made available to the public, including procedures for obtaining housing, as well as information and counselling services afforded by employment offices during the 3 months preceding the loss of employment.
2017/02/09
Committee: EMPL
Amendment 116 #
Proposal for a directive
Article 15 – paragraph 3
3. EU Blue Card holders moving to a third country, or their survivors who reside in a third country and who derive rights from the EU Blue Card holder, shall receive, in relation to the available rights pertaining to old age, invalidity and death, statutory pensions based on the EU Blue Card holder's previous employment and acquired in accordance with the legislation referred to in Article 3 of Regulation (EC) No 883/2004, under the same conditions and at the same rates as the nationals of the Member States concerned when they move to a third country.
2017/02/09
Committee: EMPL
Amendment 125 #
Proposal for a directive
Article 23 – paragraph 2 – subparagraph 1
Member States shall communicate to the Commission each year and upon each modification, the factor they have decided to set for determining the annual salary thresholds, and the resulting nominal amounts, in accordance with Article 5(2), (4) and (5).deleted
2017/02/09
Committee: EMPL
Amendment 127 #
Proposal for a directive
Article 23 – paragraph 2 – subparagraph 2
Member States shall communicate each year to the Commission the list of the professions for which a derogation in accordance with Article 5(4) applies.deleted
2017/02/09
Committee: EMPL
Amendment 129 #
Proposal for a directive
Article 23 – paragraph 2 – subparagraph 3
Where Member States refuse applications for an EU Blue Card based on ethical recruitment considerations in accordance with Article 6(4), they shall communicate toinform the Commission and to the other Member States a duly justified decision indicating the countries and sectors concernedof this fact.
2017/02/09
Committee: EMPL
Amendment 130 #
Proposal for a directive
Article 23 – paragraph 3
3. Member States shall monitor and communicate each year toinform the Commission each year of the impact of this Directive on the national labour markets.
2017/02/09
Committee: EMPL
Amendment 131 #
Proposal for a directive
Article 25 – paragraph 1
Every three years, and for the first time by [five years after the date of entry into force of this Directive], the Commission shall report to the European Parliament and the Council on the application of this Directive in theeach Member States, in particular the assessment of the impact of Articles 5, 12, 15, 19 and 20, and the impact of this Directive on the national labour market situations. The Commission shall propose any amendments that are necessary or recommend that the Directive be repealed.
2017/02/09
Committee: EMPL