193 Amendments of Barbara SPINELLI related to 2016/0176(COD)
Amendment 52 #
Proposal for a directive
Recital 18
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 access to full social rights and to a minimum 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.
Amendment 54 #
Proposal for a directive
Recital 31
Recital 31
(31) In order to promote innovative entrepreneurship, third-country nationals admitted under this Directive should be given the right to exercise in parallel a self- employed activity under the same conditions as citizens of the Member State, without it affecting the right of residence as an EU Blue Card holder. This right should be without prejudice to the continuous obligation to meet the conditions for admission under this Directive, and the EU Blue Card holder should therefore remain in highly skilled employed activity.
Amendment 71 #
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Member States may require that: (a) all the conditions laid down by laws, regulations or administrative provisions and/or collective agreements universally applicable to workers in a similar situation in the professions concerned should be fulfilled as regards terms of employment other than pay. In the absence of a system for declaring collective agreements of universal application, Member States may base themselves on collective agreements which are generally applicable to all similar undertakings in the geographical area and in the profession or industry concerned, and/or collective agreements which have been concluded by the most representative employers’ and employees’ organisations at national level and which are applied throughout their national territory. (b) the pay which the third-country national receives throughout the period of work is the same as that received by nationals of the Member State holding comparable posts in accordance with the laws or collective agreements applicable in the Member State.
Amendment 73 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 77 #
Proposal for a directive
Article 5 – paragraph 5 – subparagraph 1
Article 5 – paragraph 5 – subparagraph 1
Amendment 82 #
Proposal for a directive
Article 5 – paragraph 5 – subparagraph 2
Article 5 – paragraph 5 – subparagraph 2
Amendment 87 #
Proposal for a directive
Article 6 – paragraph 3 – point a
Article 6 – paragraph 3 – point a
Amendment 91 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point b
Article 7 – paragraph 2 – subparagraph 1 – point b
Amendment 93 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point c
Article 7 – paragraph 2 – subparagraph 1 – point c
Amendment 99 #
Proposal for a directive
Article 13 – paragraph 2
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 under the same conditions as citizens of the Union, in parallel to the activity in highly skilled employment.
Amendment 100 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Unemployment in itself shall not constitute a reason for withdrawing an EU Blue Card, unless the period of unemployment exceeds three consecutive months, or where the unemployment occurs more than once during the period of validity of an EU Blue Card.
Amendment 105 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. During the period referred to in paragraph 1, the EU Blue Card holder shall be allowed to seek and take up employment in accordance with the conditions set out in Article 13or request another kind of visa enabling them to stay in the EU.
Amendment 106 #
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 107 #
Proposal for a directive
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3a. The EU Blue Card will not, however, be withdrawn if the third- country national: (a) is temporarily unable to work as a result of illness or an accident; (b) is in duly-recorded involuntary unemployment and has registered as a job-seeker with the employment office; (c) is starting a professional training course which, unless the third-country national concerned is involuntarily unemployed, is linked to their previous job; (d) if the employer in the company of the host entity is being or has been wound up under national law because of insolvency
Amendment 111 #
Proposal for a directive
Article 15 – paragraph 1 – point f a (new)
Article 15 – paragraph 1 – point f a (new)
(fa) equal access to justice and support for European Blue Card holders if they face discrimination in the labour market by applying the principles and safeguards set out in Council Directive 2000/43/EC and Council Directive 2000/78/EC.
Amendment 112 #
Proposal for a directive
Article 15 – paragraph 1 – point f b (new)
Article 15 – paragraph 1 – point f b (new)
(fb) non-discrimination on the grounds of origin, religion or belief, handicap, age, sexual orientation or gender.
Amendment 114 #
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 1
Article 15 – paragraph 2 – subparagraph 1
With respect to point (c) of paragraph 1 the Member State concerned may not restrict equal treatment as regards study and maintenance grants and loans or other grants and loans regarding secondary and higher education and vocational training. Access to university and post-secondary education may not be subject to specific prerequisites in accordance with national law.
Amendment 115 #
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 2
Article 15 – paragraph 2 – subparagraph 2
With respect to point (f) of paragraph 1 the Member State concerned may not restrict equal treatment as regards procedures for obtaining housing. This shall be without prejudice to the freedom of contract in accordance with Union and national law.
Amendment 117 #
Proposal for a directive
Article 15 – paragraph 6 a (new)
Article 15 – paragraph 6 a (new)
6a. National, regional and local authorities shall provide guidance on reasonable accommodation and in order to combat the exclusion of certain vulnerable groups. National, regional and local authorities shall set up a dialogue with social partners, including unions and employers, in particular with a view to laying down guidance on the provision of reasonable accommodation for European Blue Card holders.
Amendment 119 #
Proposal for a directive
Article 22 – paragraph 5 – subparagraph 1
Article 22 – paragraph 5 – subparagraph 1
Member States may hold the employer of the EU Blue Card holder responsible for failure to comply with the conditions of mobility laid down in this Chapter or for repetitively making use of the mobility provisions of this Chapter in an abusive manner.
Amendment 121 #
Proposal for a directive
Article 22 – paragraph 5 – subparagraph 2
Article 22 – paragraph 5 – subparagraph 2
The Member State concerned shall provide for sanctions where the employer is held responsible, particularly where the employer has failed to fulfil its legal obligations concerning social security, tax, employment conditions or working conditions. Those sanctions shall be effective, proportionate and dissuasive.
Amendment 123 #
Proposal for a directive
Article 22 a (new)
Article 22 a (new)
Amendment 124 #
Proposal for a directive
Article 23 – paragraph 2
Article 23 – paragraph 2
Amendment 132 #
Proposal for a directive
Article 25 – paragraph 2
Article 25 – paragraph 2
Amendment 139 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) According to the Communication from the European Commission on the Implementation of Directive 2009/50 in 2014, only 2.1% of the number of beneficiaries of the Blue Card during the first phase of the implementation in 2012 came from Sub-Saharan Africa. This may indicate implicit racial bias applied preventing certain types of workers to access to some more favourable statuses (and therefore enjoying equal treatment with other workers or other family members). The lack of diversity of the Blue Card holders may reflect national policies and practices which can perpetuate forms of direct, indirect or institutional discrimination towards new candidates.
Amendment 143 #
Proposal for a directive
Recital 5
Recital 5
(5) An EU-wide admission system to attract and retain highly skilled workers into the Union should be created. Member States should issue an EU Blue Card instead of a national permit to all applicants falling within the scope of this Directive. Member States should retain the right to issue permits other than EU Blue Card for any purpose of employment to third-country nationals who fall outside of the scope of this Directive, subject to the limitations following from other directives in the area of labour migration.
Amendment 149 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Governments and employers should promote early access to labour markets because doing so improves refugees’ long-run employment and economic prospects. At the same time these actors should seek to ensure that such access does not lead to downward social mobility, poor skills match, and low wages (compared with the locals)
Amendment 150 #
Proposal for a directive
Recital 5 b (new)
Recital 5 b (new)
(5b) National, regional and local authorities are encouraged to propose guidance for reasonable accommodation and to tackle exclusion of specific vulnerable groups. Calls for dialogue with social partners, including trade unions and employers, who should also aim at defining guidance for reasonable accommodation practices to be put in place for Blue Card holders.
Amendment 154 #
Proposal for a directive
Recital 6
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. In addition, it should be taken into account that highly talented people with specific skills, who are recognised as highly skilled in their respective sector on the basis of testimonies of their teachers, trainers, portfolio or reputation or who have acquired professional recognition, should also be included in the concept of highly skilled worker. 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 additionalthe 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 for this Directive should take account of that factor to enable Member States, where necessary, to develop such mechanisms and arrangements. Member States should consult the social partners when developing such mechanisms and arrangements. Member States’ National Contact Points on the EU Blue Card should be involved in effective cooperation with stakeholders, trade unions, NGOs 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).
Amendment 159 #
Proposal for a directive
Recital 7
Recital 7
Amendment 163 #
Proposal for a directive
Recital 8
Recital 8
(8) Beneficiaries of international protection as defined in Article 2(a) of Directive 2011/95/EU of the European Parliament and of the Council34nd applicants for international protection have a wide set of rights including labour market access in the Member State having granted them protection or being responsible for their application for international protection. In order to further promote social inclusion of these persons and enhance their labour market opportunities across the Union, those who are highly skilled should be entitled to apply for an EU Blue Card. They should be subject to the same rules as any other third- country national falling within the scope of this Directive, while holding the statuses of beneficiary of international protection and EU Blue Card holder in parallel. However, for reasons of legal clarity and coherence, the provisions on equal treatment and family reunification of this Directive should not apply to this group of EU Blue Card holders in the Member State which granted them international protection. Those rights should remain regulated under the asylum acquis and, where applicable, Council Directive 2003/86/EC35 . _________________ 34 Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (recast) (OJ L 337, 20.12.2011, p. 9). 35Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification (OJ L 251, 3.10.2003, p. 12)applicant for international protection, and EU Blue Card holder in parallel.
Amendment 169 #
Proposal for a directive
Recital 11
Recital 11
(11) This Directive should not apply to categories of third-country nationals to whom a particular scheme under Union law, with specific entry conditions and sets of rights, applies when the inclusion of those categories in this Directive would go against the rationale of the particular scheme, create unnecessary legal complexity or entail a risk of abuses. This Directive should not apply to third-country nationals who apply to reside in a Member State as researchers in order to carry out a research project, as they fall within the scope of Directive (EU) 2016/801 of the European Parliament and of the Council37 which introduces a specific procedure for admitting third-country nationals for the purposes of scientific research. However, once admitted under Directive (EU) 2016/801, legally residing researchers should be entitled to apply for an EU Blue Card under this Directive for other purposes than those covered under Directive (EU) 2016/801. Equally, legally residing EU Blue Card holders should be entitled to apply to reside as researchers under Directive (EU) 2016/801. The provisions of that Directive should be clarified so as to ensure such a possibility. _________________ 37 Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing (OJ L 132, 21.05.2016, p. 21).
Amendment 175 #
Proposal for a directive
Recital 13
Recital 13
(13) It is necessary to provide for a flexible demand-driven admission system based on objective criteria, such as a work contract or a binding job offer of at least 6three months, a salary threshold adaptable by the Member Statcompliance with the applicable laws, collective agreements or national practices toin the situation in its labour marketrelevant occupational branches and higher professeducational qualifications or higher professional skills.
Amendment 184 #
Proposal for a directive
Recital 14
Recital 14
(14) This Directive is without prejudice to national procedures on the recognition of diplomas. In order to evaluate if the third-country national concerned possesses higher education or equivalent qualifications, reference shcould be made either to ISCED (International Standard Classification of Education) 2011 levels 6, 7 and 8, or to the broadly equivalent EQF (European Qualifications Framework) levels 6, 7 and 8, according to the choice of the Member State concerned.
Amendment 190 #
Proposal for a directive
Recital 15
Recital 15
(15) In order to ensure a sufficient level of harmonisation in the admission conditions throughout the Union, both minimum and maximum factors fprevent abuses by employers, the gross annual salary resulting from the monthly or annual salary specified in the work calculating the salary threontract or binding job offer should should be determined. Member States should fix their threshold innot be inferior to the wages which apply or would apply to ac cordance with the situation and organisation of their respective labour markets and their general immigration policiesmparable worker in the same sector in the Member State concerned. The principle of equal pay for equal work or work of equal value should apply.
Amendment 193 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) The appropriate wage levels should be defined at national, regional, sectoral and/or company level in agreement with social partners and in accordance with existing collective agreements and national legislation.
Amendment 197 #
Proposal for a directive
Recital 16
Recital 16
Amendment 207 #
Proposal for a directive
Recital 17
Recital 17
Amendment 213 #
Proposal for a directive
Recital 20
Recital 20
(20) Member States should reject applications for an EU Blue Card and be allowed toAny rejection, withdrawal or refuse to renew an EU Blue Card if there is a threat to public policy, public security or public health. Any rejectional to renew on grounds of public policy or public security should be based on the individual behaviour of the person concerned, in accordance with the principle of proportionality. Illness or disability suffered after the third-country national was admitted to the territory of the first Member State should not constitute the solea ground for withdrawing or refusing to renew an EU Blue Card or for not issuing an EU Blue Card in a second Member Statean EU Blue Card. Illness or disability suffered during the period when the third-country national is an EU Blue Card holder should not constitute a ground for objecting to mobility to a second Member State or for refusing to renew an EU Blue Card.
Amendment 214 #
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) Expulsion of Blue Card holders on grounds of public policy or public security is a measure that can seriously harm persons who have become genuinely integrated into the host Member State. The scope for such measures should therefore be limited in accordance with the principle of proportionality to take account of the degree of integration of the persons concerned, the length of their residence in the host Member State, their age, state of health, family and economic situation and the links with their country of origin. In cases involving children, the best interests of the child should be the primary consideration.
Amendment 215 #
Proposal for a directive
Recital 20 b (new)
Recital 20 b (new)
(20b) Accordingly, the greater the degree of integration of Blue Card holders and their family members in the host Member State, the greater the degree of protection against expulsion should be. Only in exceptional circumstances, where there are imperative grounds of public security, should an expulsion measure be taken against Blue Card holders who have resided for many years in the territory of the host Member State. In addition, such exceptional circumstances should also apply to an expulsion measure taken against minors, in order to protect their links with their family, in accordance with the United Nations Convention on the Rights of the Child, of 20 November 1989.
Amendment 216 #
Proposal for a directive
Recital 21
Recital 21
Amendment 222 #
Proposal for a directive
Recital 22
Recital 22
(22) Any decision to reject an application for an EU Blue Card or to withdraw or refuse to renew an EU Blue Card should take into consideration the specific circumstances of the case and respect the principle ofbe proportionalityte. In particular, where the ground for rejection, withdrawal or refusal to renew is related to the activityconduct of the employer, a minor misconduct should not in any case constitute the sole ground for rejecting an application or withdrawing or refusing to renew the permitthe EU Blue Card holder should be provided a period of time to find alternative employment, equal to nine months, in line with provisions under Article 14.
Amendment 223 #
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22a) To facilitate enforcement of this Directive, Member States should put in place effective mechanisms through which third country nationals, regardless of their residence status/ work permit, may seek legal redress and lodge complaints directly or through relevant third parties such as trade unions or other associations. That is considered necessary to address situations where third country nationals are unaware of the existence of enforcement mechanisms or hesitant to use them in their own name, out of fear of possible consequences. Third country nationals should have access to judicial protection against further victimisation as a result of a complaint being made.
Amendment 225 #
Proposal for a directive
Recital 26 a (new)
Recital 26 a (new)
(26a) Any decision on an application/renewal/withdrawal of a Blue Card should be given in writing and it should be notified to the applicant without undue delay in a language he or she understands or is reasonably meant to understand. Where an application is rejected, not renewed or the Blue Card is withdrawn, the reasons in fact and in law should be stated in the decision. Applicants should have access to effective judicial remedies and receive information on how to challenge the abovementioned decision. Information should be given in writing, unless otherwise already provided to the applicant.
Amendment 231 #
Proposal for a directive
Recital 27
Recital 27
(27) Since EU Blue Card holders are highly skilled workers contributing to addressing labour and skills shortages in key sectors, the principle of access to the labour market should be the general rule. However, iIn circumstances where the domestic labour market undergoes serious disturbances such as a highsuffers an acute level of unemployment in a given occupation or sector, which may be limited to particular regions or other parts of the territory, a Member State should be able to take into account the situation of its labour market before issuing an EU Blue Card.
Amendment 234 #
Proposal for a directive
Recital 28
Recital 28
(28) In case Member States decide to make use of this possibility forircumstances where there is an acute level of unemployment in a given occupation or sector, possibly in which may be limited to a particular part of their territory, they should send a notification to the Commission hereof, explaining the economic, social and other reasons justify and before taking the decision on an application for an EU Blue Card, Member States may verify whether the concerned vacancy could not be filled in the short term by national or Union workforce, by third-country nationals lawfully resident ing the decision to introduce such labour market test for the next 12 months and do so again for every subsequent 12 month period. Member States may involve social partners in the assessment of the circumstances relat Member State and already forming part of its labour market by virtue of Union or national law, or by EU long- term residents wishing to move to that Member State for highly skilled employment in accordance with Chapter III of Directive 2003/109/EC. Every decision for refusal has to be taken on a case by case basis and motivated toby the domestic labour market. This verification should not be possible w situation in the relevant sector or occupation. In then an EU Blue Card is renewed in the first Member State. For EU Blue Cards in a second Member State, taking into account the situation of the labour market should only be possible if that Member State has also introduced checks for first applications for third- country nationals combsence of a negative decision, the authorisation is to be presumed granted. Member States shall ensure that such mechanisms have a time limit of no more than four weeks and provide the employer concerned with a reasonable opportunity to present information about the difficulties ing from third countries and after a separate justified notification. In case Member States decide to make use of this possibility, they should communicate this in a clear, accessible and transparent way to applicants and employers, including onlineulfilling the vacancy, taking into account inter alia the specific skills and competence requirements relating to the job, the labour market and any specific measures taken to fulfil it by the employer concerned or in comparable situations.
Amendment 238 #
Proposal for a directive
Recital 30
Recital 30
(30) A simplified procedure for employers which have been recognised for that purpose should be provided, optional for Member States. The status of recognised employer should bring specific facilitation in terms of procedures and admission conditions – amounting to a simplified procedure – under this Directive and Member States should include sufficient safeguards against abuse. Where the status of recognised employer is withdrawn during the period of validity of an EU Blue Card issued under the simplified procedure, regular admission conditions should apply upon renewing that EU Blue Card, unless the third-country national concerned is employed by another recognised employer.
Amendment 241 #
Proposal for a directive
Recital 34
Recital 34
(34) Professional qualifications Qualifications, skills and work experiences 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).
Amendment 242 #
Proposal for a directive
Recital 34 a (new)
Recital 34 a (new)
(34a) The issue of recognition of qualifications - and the practical aspects of this process - will be particularly relevant in the case of a category of persons who are for the first time becoming potential beneficiaries of the scheme: applicants and beneficiaries of international protection. It may be expected that in the case of these persons obtaining proof of qualifications will be especially difficult and complex.
Amendment 243 #
Proposal for a directive
Recital 34 b (new)
Recital 34 b (new)
(34b) Many refugees have appropriate skills and qualifications, but they are usually acquired in different labour markets and education systems. Thus, governments and employers need a sharper focus on improving the procedures and methods for recognizing and accrediting refugees’ previous training, skills and professional qualifications. This recognition would substantially improve refugees’ access to the labour markets and ensure that refugees are not underemployed based on their prior qualifications. Member States should consider a broad range of evidence for evaluating and verifying credentials including knowledge and competency-based tests, interviews, sworn statements and other supporting evidence.
Amendment 244 #
Proposal for a directive
Recital 34 c (new)
Recital 34 c (new)
(34c) Greater emphasis should be placed on up-front education and training to ensure that refugees meet the standards required in the host country. Governments should renew their commitments to providing language training by strengthening partnerships with employers who benefit from employees with language proficiency.
Amendment 245 #
Proposal for a directive
Recital 34 d (new)
Recital 34 d (new)
(34d) Member States may set up a list of recognised diplomas and certificates not requiring examination. For information purposes, these national lists, if adopted, shall be included in a common database accessible to all EU Member States.
Amendment 247 #
Proposal for a directive
Recital 35
Recital 35
(35) The rights acquired by an applicant or a beneficiary of international protection as an EU Blue Card holder should be without prejudice to rights enjoyed by the person concerned under Directive 2011/95/EU and under the Geneva Convention in the Member State which granted the protection status. In that Member State, in order to avoid situations of conflicting rules, the provisions on equal treatment and family reunification of this Directive should not apply. Persons who are beneficiaries of international protection in one Member State and EU Blue Card holders in another should enjoy the same rights including equality of treatment with nationals of the Member State of residence as any other EU Blue Card holders in the latter Member Statethe Geneva Convention and, where applicable, under Directive 2011/95/EU. In order to avoid situations of conflicting rules in the Member States, the most favourable provisions with regards to equality of treatment and family reunification rights shall apply.
Amendment 251 #
Proposal for a directive
Recital 36
Recital 36
(36) Favourable conditions for family reunification and unhindered access to work for spouses should be a fundamental element of this Directive in order to facilitate the attraction of highly skilled workers. Specific derogations from Council Directive 2003/86/EC should be provided for in order to reach this aim. CIn order to increase the attractiveness of the EU Blue Card, conditions related to integration or waiting periods should not be applied before allowing family reunification, as highly skilled workers and their families are likely to have favourable starting point regarding integration in the host communitybearing in mind that an EU Blue Card holder already has a work contract or binding job offer in highly- skilled employment upon arrival. With the aim of facilitating the swift entry of highly skilled workers, residence permits to their family members should be issued at the same time as the EU Blue Card, where the relevant conditions are fulfilled and the applications were lodged simultaneously.
Amendment 252 #
Proposal for a directive
Recital 36 a (new)
Recital 36 a (new)
(36a) The integration of family members should be promoted. For that purpose, they should be granted a status independent of that of the sponsor, in particular in cases of breakup of marriages and partnerships, and access to education, employment and vocational training on the same terms as the person with whom they are reunited, under the relevant conditions.
Amendment 265 #
Proposal for a directive
Recital 41
Recital 41
(41) EU Blue Card holders should be allowed to move to a second Member State under simplified conditions where they intend to apply for a new EU Blue Card based on an existing work contract or binding job offertheir EU Blue Card subject to notifying the second Member State of the fact that they are moving to that second Member State for the purposes of employment under the EU Blue Card. Second Member States should not be allowed to require from EU Blue Card holders any other authorisation other than the EU Blue Card issued by the first Member State. As soon as they submit an application for an EU Blue CardOnce the EU Blue Card holder has submitted his or her notification within the deadline provided for in this Directive, they should be allowed to begin employment. In tThe second Member State the procedure for issuing an EU Blue Card should be simplified compared to the first EU Blue Carshould retain the right to object to the mobility, but the procedure should be simplified; as the mobile EU Blue Card holder has already exercised highly skilled activity in one Member State for a certain period of time, the second Member State should not have the need to control all the same details for a second time. However, mobility should remain demand-driven and therefore a work contract shcould always be required in the second Member State, andll the salary should meet the threshold set by the second Member State in accordance with this Directive.conditions in applicable laws, collective agreements or practices in the relevant occupational branch should be met
Amendment 267 #
Proposal for a directive
Recital 42
Recital 42
(42) While some special rules are provided in this Directive regarding entry and stay in a second Member State for the purpose of business activity, as well as moving to a second Member State to apply for a newreside and work there under the EU Blue Card in its territory, all the other rules governing the movement of persons across borders as laid down in the relevant provisions of the Schengen acquis apply.
Amendment 269 #
Proposal for a directive
Recital 43
Recital 43
(43) Where the EU Blue Card is issued by a Member State not applying the Schengen acquis in full and the EU Blue Card holder, in the mobility situations provided for in this Directive, crosses an external border within the meaning of Regulation (EU) 2016/399 of the European Parliament and of the Council44 , a Member State should be entitled to require evidence that the EU Blue Card holder is entering its territory either for the purpose of business activities or in order to apply for a new EU Blue Card based on a work contract or binding job offer. In the case of mobility for carrying out business activities, that Member State should be able to require evidence of the business purpose of the stay, such as invitations, entry tickets, or documents describing the business activities of the company and the position of the EU Blue Card holder in the companyreside and work there under the EU Blue Card. _________________ 44 Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 77, 23 03 2016, p. 1).
Amendment 270 #
Proposal for a directive
Recital 44
Recital 44
(44) Where the EU Blue Card holder moves to a second Member State to apply for an EU Blue Card and he or she is accompanied by family members, that Member State shcould be able to require evidence of their lawful residencethe family members to present their residence permits issued in the first Member State. Besides, iIn case of crossing of an external border within the meaning of Regulation (EU) 2016/399, the Members States applying the Schengen acquis in full shcould consult the Schengen information system and should refuse entry or object to the mobility of persons for whom an alert for the purposes of refusing entry or stay, as referred to in Regulation (EC) No 1987/2006 of the European Parliament and of the Council45 , has been issued in that system. _________________ 45 Regulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 2006 on the establishment, operation and use of the second generation Schengen Information System (SIS II) (OJ L 381, 28.12.2006, p. 4).
Amendment 272 #
Proposal for a directive
Recital 45
Recital 45
(45) For the purpose of residence of beneficiaries of international protection acrossnd applicants for international protection or those who seek protection in accordance with the national law across the Member States, it is necessary to ensure that Member States other than the one which issued international protection, or the one that is responsible for the application for international protection, are informed of the protection or application background of the persons concerned in order to enable Member States to comply with their obligations regarding the principle of non- refoulement.
Amendment 275 #
Proposal for a directive
Recital 46 a (new)
Recital 46 a (new)
(46a) Where a Member State intends to expel a person who acquired an EU Blue Card, the Member State shall comply with the principle of non-refoulement. If the person is a beneficiary or an applicant for international protection in another Member State, the person shall be transferred to that Member State and that other Member State shall comply with the principle of non-refoulement.
Amendment 284 #
Proposal for a directive
Article 2 – paragraph 1 – point b – indent 3
Article 2 – paragraph 1 – point b – indent 3
- has the required competence, as proven by higher professional qualifications.qualifications or skills as attested by evidence of higher education qualifications or higher professional skills or specific artistic or sporting talent;
Amendment 287 #
Proposal for a directive
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
Amendment 290 #
Proposal for a directive
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) “higher education qualifications” means any diploma, certificate or other supporting evidence of formal or equivalent qualifications issued by a competent authority or supporting institutions attesting the successful completion of a post-secondary higher education or equivalent tertiary education programme, namepossibly 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, or its equivalent as demonstrated through skills and/or knowledge-based assessments by supporting institutions where the studies needed to acquire those qualifications lasted at least three years and may correspond at least to ISCED 2011 level 6 or to EQF level 6, according to national law; for applicants and beneficiaries of international protection residing in the territory of the EU who do not have the documents necessary to prove their qualifications, Member States will apply appropriate additional procedures to establish their level of education and skills;
Amendment 293 #
Proposal for a directive
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
(i) “higher professional skills” means skills attested by at least three years of professional experience of a level comparable to higher education qualifications and which is relevant in the profession or sector specified in the work contract or binding job offer; for applicants and beneficiaries of international protection resident in the territory of the EU who do not have the documents necessary to prove their higher-level professional skills, Member States will apply appropriate additional procedures to establish their skills and professional experience;
Amendment 299 #
Proposal for a directive
Article 2 – paragraph 1 – point l
Article 2 – paragraph 1 – point l
(l) “business activity” means a temporary activity related to the business interests of the employer, such as but not limited to: attending internal and external business meetings, attending conferences and seminar, organizing and speaking at conferences and seminars, trade exhibitions and other expositions, negotiating business deals, undertaking sales or marketing activities, performing internal or client audits, exploring business opportunities, or attending and receiving training (attending networking events, developing and maintaining business contacts), the verification of the use and functioning of machinery purchased or sold in the framework of commercial contracts, giving, or attending and receiving training, testing/maintenance of software/hardware, gathering data, conducting research, business process analysis, conducting interviews in view of recruiting employees, attending and participating in job fairs;
Amendment 302 #
Proposal for a directive
Article 2 – paragraph 1 – point m
Article 2 – paragraph 1 – point m
(m) “international protection” has the meaning as defined in Article 2(a) of Directive 2011/95/EU of the European Parliament and of the Council. and, where applicable, as defined in national legislation
Amendment 303 #
Proposal for a directive
Article 2 – paragraph 1 – point m a (new)
Article 2 – paragraph 1 – point m a (new)
(ma) ‘threat to public health’ means any disease with epidemic potential as defined by the International Health Regulations of the World Health Organization and other infectious diseases or contagious parasitic diseases if they are the subject of protection provisions applying to nationals of the Member States. Applicants should be informed of the reasons of the refusal, which shall not be based on suspicions. Applicants shall have access to effective judicial remedies.
Amendment 305 #
Proposal for a directive
Article 2 – paragraph 1 – point m b (new)
Article 2 – paragraph 1 – point m b (new)
(mb) an individual can only have his/her application refused on the basis of ‘threat to public policy and/or security’ based on documented evidence that the applicant represents or is directly connected to networks undermining Member States’ national security. The decision should be legitimate and the refusal proportionate to the purported goal. Applicants should be informed of the reasons of the refusal, which shall not be based on suspicions. Applicants shall have access to effective judicial remedies.
Amendment 306 #
Proposal for a directive
Article 2 – paragraph 1 – point m c (new)
Article 2 – paragraph 1 – point m c (new)
(mc) “specific artistic or sporting talent” means a talent attested by testimonies of teachers or trainers and portfolio which is relevant in the profession or sector specified in the work contract or binding job offer;
Amendment 307 #
Proposal for a directive
Article 2 – paragraph 1 – point m d (new)
Article 2 – paragraph 1 – point m d (new)
(md) “Parental leave” has the meaning as defined by the Annex of Directive 2010/18/EU and as defined in national legislation where more favourable standards apply
Amendment 314 #
Proposal for a directive
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
Amendment 318 #
Proposal for a directive
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
Amendment 321 #
Proposal for a directive
Article 3 – paragraph 2 – point f
Article 3 – paragraph 2 – point f
Amendment 324 #
Proposal for a directive
Article 3 – paragraph 2 – point g
Article 3 – paragraph 2 – point g
Amendment 329 #
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Member States shall not issue any other permit than an EU Blue Card to third-country nationals for the purpose of highly skilled employment where the Blue Card offers more favourable standards to third country nationals than those provided for in national schemes.
Amendment 337 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. This Directive shall not affect the right of Member States to adopt or retain more favourable provisions in respect of Articles 10, 14, 15, 16 and 17(5)5, 6 (1, 2), 7, 10, 13(1), 14, 15, 16, 17(5), and 22. 3. In order to complement the EU Blue Card, Member States should be allowed to issue national permits for any purpose of employment for third-country nationals who fall outside the scope of the Directive. 4. Where a Member States issues residence permits which offer more favourable provisions than Articles 5, 10, 14, 15 and 16 of this Directive, these provisions shall also apply to the EU Blue Card.
Amendment 341 #
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) present a valid work contract or, as provided for in national law, a binding job offer for highly skilled employment, of at least sixthree months in the Member State concerned;
Amendment 343 #
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
Amendment 346 #
Proposal for a directive
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) present a valid travel document, as determined by national law, and, if required, an application for a visa or a valid visa or, where applicable, a valid residence permit or a valid long-stay visa; Applicants and beneficiaries of international protection can face difficulties in accessing travel documents. In such cases, Member States should recognize other documents including, for example, past identity documentation, Convention Travel Documents, laissez- passers, or ICRC travel documents.
Amendment 360 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. In addition to the conditions laid down in paragraph 1, the gross annual salary resulting from the monthly or annual salary specified in the work contract or binding job offer shall not be inferior to the salary threshold set and published for that purpose by the Member States. The salary threshold set by the Member States shall be at least 1.0 times but not higher than 1.4 times the awages which apply or would apply to a comparable worker in the same sector in the Member State concerned in line with all conditions in the applicable laws, collectiver age gross annual salary in the Member State concernedreements or practices in the relevant occupational branches.
Amendment 361 #
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Member States shall require that: (a) all conditions in the law, regulations, or administrative provisions and/or universally applicable collective agreements applicable to workers in a similar situation in the relevant occupational branches are met with regard to terms and conditions of employment other than remuneration. In the absence of a system for declaring collective agreements of universal application, Member States may base themselves on collective agreements which are generally applicable to all similar undertakings in the geographical area and in the profession or industry concerned, and/or collective agreements which have been concluded by the most representative employers and employee organisations at national level and which are applied throughout their national territory; (b) the remuneration granted to the third- country national during the entire working period is not less favourable than the remuneration granted to nationals of the Member State where the work is carried out occupying comparable positions in accordance with applicable laws or collective agreements or practices in the Member State where the host entity is established.
Amendment 366 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 375 #
Proposal for a directive
Article 5 – paragraph 5 – subparagraph 1
Article 5 – paragraph 5 – subparagraph 1
Amendment 379 #
Proposal for a directive
Article 5 – paragraph 5 – subparagraph 2
Article 5 – paragraph 5 – subparagraph 2
Amendment 384 #
Proposal for a directive
Article 5 – paragraph 7
Article 5 – paragraph 7
Amendment 386 #
Proposal for a directive
Article 5 – paragraph 8 – subparagraph 1
Article 5 – paragraph 8 – subparagraph 1
Amendment 389 #
Proposal for a directive
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) where the documents presented have been fraudulently acquired, or falsified or tampered withthird-country national is considered to pose a threat to public policy or public security or public health. Diseases occurring after a three-month period from the date of arrival shall not constitute grounds for expulsion from the territory.
Amendment 392 #
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
Amendment 403 #
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Amendment 408 #
Proposal for a directive
Article 6 – paragraph 3 – point a
Article 6 – paragraph 3 – point a
Amendment 410 #
Proposal for a directive
Article 6 – paragraph 3 – point b
Article 6 – paragraph 3 – point b
Amendment 411 #
Proposal for a directive
Article 6 – paragraph 3 – point c
Article 6 – paragraph 3 – point c
Amendment 414 #
Proposal for a directive
Article 6 – paragraph 3 – point c a (new)
Article 6 – paragraph 3 – point c a (new)
(ca) where the documents presented have been fraudulently acquired, or falsified or tampered with in a way which is significant both in relation to the validity of the document and in relation to its relevance for the issuance of a Blue Card; or
Amendment 415 #
Proposal for a directive
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. In circumstances where there is an acute level of unemployment in a given occupation or sector which may be limited to a particular part of their territory and before taking the decision on an application for an EU Blue Card, Member States may verify whether the concerned vacancy could not be filled in the short term by national or Union workforce, by third-country nationals lawfully resident in that Member State and already forming part of its labour market by virtue of Union or national law, or by EU long- term residents wishing to move to that Member State for highly skilled employment in accordance with Chapter III of Directive 2003/109/EC. Every decision for refusal has to be taken on a case by case basis and motivated by the labour market situation in the relevant sector or occupation. In the absence of a negative decision, the authorisation is to be presumed granted. Member States shall ensure that such mechanisms a) Have a time limit of no more than four weeks b) Provide the employer concerned with a reasonable opportunity to present information about the difficulties in fulfilling the vacancy, taking into account inter alia the specific skills and competence requirements relating to the job, the labour market and any specific measures taken to fulfil it by the employer concerned or in comparable situations
Amendment 418 #
Proposal for a directive
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Without prejudice to paragraph 1, aAny decision to reject an application pursuant to paragraph 3 shall take account of the specific circumstances of the case and respect the principle ofshall be proportionalityte.
Amendment 419 #
Proposal for a directive
Article 6 – paragraph 5 a (new)
Article 6 – paragraph 5 a (new)
5a. A decision to reject an application shall be given in writing and it shall be notified to the applicant without undue delay in a language he or she understands or is reasonably meant to understand. Where an application is rejected, the reasons in fact and in law shall be stated in the decision. Applicants shall have access to effective judicial remedies and receive information on how to challenge the abovementioned decision shall be given in writing, unless otherwise already provided to the applicant.
Amendment 420 #
Proposal for a directive
Article 7 – title
Article 7 – title
Withdrawal or non-renewal of the EU Blue Card
Amendment 421 #
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Member States shall withdraw or refuse to renew an EU Blue Card where:
Amendment 423 #
Proposal for a directive
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) the EU Blue Card or the documents presented have been fraudulently acquired, or have been falsified or tampered with;third-country national is considered to pose a threat to public policy, and public security; or
Amendment 425 #
Proposal for a directive
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
Amendment 428 #
Proposal for a directive
Article 7 – paragraph 1 – point b a (new)
Article 7 – paragraph 1 – point b a (new)
(ba) A decision to withdraw a Blue Card shall be given in writing and it shall be notified to the applicant without undue delay in a language he or she understands or is reasonably meant to understand. Where the Blue Card is withdrawn, the reasons in fact and in law shall be stated in the decision. Applicants shall have access to effective judicial remedies and receive information on how to challenge the abovementioned decision shall be given in writing, unless otherwise already provided to the applicant.
Amendment 430 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – introductory part
Article 7 – paragraph 2 – subparagraph 1 – introductory part
Member States may withdraw or refuse to renew an EU Blue Card issued on the basis of this Directive in any of the following cases:
Amendment 432 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point a
Article 7 – paragraph 2 – subparagraph 1 – point a
(a) for reasons of public policy, and public security or public health;
Amendment 434 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point b
Article 7 – paragraph 2 – subparagraph 1 – point b
Amendment 437 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point d
Article 7 – paragraph 2 – subparagraph 1 – point d
Amendment 440 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point e
Article 7 – paragraph 2 – subparagraph 1 – point e
(e) where the third-country national no longer holds a valid travel document, provided that prior to withdrawing the EU Blue Card, the Member State had duly notified and set a reasonable deadline for the third-country national concerned to obtain and present a valid travel document;
Amendment 441 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point f
Article 7 – paragraph 2 – subparagraph 1 – point f
Amendment 445 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point f a (new)
Article 7 – paragraph 2 – subparagraph 1 – point f a (new)
(fa) where the third-country national has been unemployed for a period exceeding nine consecutive months, except where such unemployment is the result of illness or disability; or
Amendment 446 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point f b (new)
Article 7 – paragraph 2 – subparagraph 1 – point f b (new)
(fb) where the EU Blue Card or the documents presented have been fraudulently acquired, or have been falsified or tampered with; in a way which is significant both in relation to the validity of the document and in relation to its relevance for the issuance or withdrawal of a Blue Card.;
Amendment 448 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 2
Article 7 – paragraph 2 – subparagraph 2
Amendment 451 #
Proposal for a directive
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. Member States shall not withdraw an EU Blue Card where the EU Blue Card holder temporarily does not fulfil the criteria for admission in paragraph 2 of Article 5 as a result of illness, disability or parental leave.
Amendment 453 #
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Without prejudice to paragraph 1, any decision to withdraw or refuse to renew an EU Blue Cardan EU Blue Card taken pursuant to paragraph 2 shall take account of the specific circumstances of the case and respect the principle ofshall be proportionalityte.
Amendment 454 #
Proposal for a directive
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. The EU Blue Card shall not be withdrawn where the third-country national: (a) is temporarily unable to work as the result of an illness or accident; (b) is in duly recorded involuntary unemployment and has registered as job- seeker with the relevant employment office; (c) begins vocational training; (d) where the former employer is being or has been wound up under national insolvency laws;
Amendment 456 #
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Amendment 461 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Member States shall set a standard period of validity for the EU Blue Card, which shall be at least 248 months. If the work contract covers a shorter period, the EU Blue Card shall be issued at least for the duration of the work contract plus three months. Where an EU Blue Card is renewed, its period of validity shall be at least 248 months.
Amendment 464 #
Proposal for a directive
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a. Where a Member State issues an EU Blue Card to a third-country national who has applied for international protection in that Member State, it shall enter the following remark in that third- country national’s EU Blue Card, under the heading “Remarks”: “Applicant for International Protection in [name of the Member State] as from [date of lodging application for international protection].” Should the EU Blue Card holder decide to withdraw his or her application for international protection upon obtaining the EU Blue Card, a new EU Blue Card shall be issued not containing that remark.
Amendment 466 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 a (new)
Article 8 – paragraph 5 – subparagraph 1 a (new)
Where an EU Blue Card is issued by a Member State to a third-country national who is an applicant for international protection in another Member State, the Member State issuing the EU Blue Card shall enter the remark “Applicant for International protection in [name of the Member State] as from [date of lodging of application for international protection]” in the EU Blue Card. Before the Member State enters that remark, it shall notify the Member State to be mentioned in that remark of the issuance of the EU Blue Card and request that Member State to provide information as to whether the EU Blue Card holder is still maintaining his/her application for international protection and/or whether that person has become a beneficiary of international protection. The Member State mentioned in the remark shall reply no later than one month after receiving the request for information. Where the application for international protection has been withdrawn, the Member State issuing the EU Blue Card shall not enter that remark.
Amendment 470 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall determine whetherallow applications for an EU Blue Card are to be made byfrom either the third-country national, his lawyer or by the employer. Member States may also allow anAn application made by the employer shall not restrict the procedural rights enjoyed by the third- country national seeking the EU Blue Card during the application fprom either of the twocedure, or the rights enjoyed by the EU Blue Card holder during the period of employment or the EU Blue Card renewal procedure.
Amendment 473 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. In order to put in place a modernisation and simplification of EU Blue Card application procedure, Member States should enable online applications for EU Blue Card applicants.
Amendment 478 #
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
The competent authorities of the Member States shall adopt a decision on the application for an EU Blue Card and notify the applicant in writing, in accordance with the notification procedures laid down in the national law of the Member State concerned. The notification shall be made at the latest wis soon as possible but no later thian 620 days of the date of submission of the application.
Amendment 481 #
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
Where the employer has been recognised in accordance with Article 12, the notification shall be made at the latest wis soon as possible but no later thian 310 days of the date of submission of the application.
Amendment 487 #
Member States may require the payment of fees for the handling of applications in accordance with this Directive. The level of fees required by Member States for the processing of applications shall not be disproportionate or excessive and overall not higher than the level of fees required for other residence permit applications in the Member State.
Amendment 493 #
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
Applicants and beneficiaries for international protection shall be exempt from paying a fee if they do not have sufficient means to pay the latter
Amendment 494 #
Member States may decide toshall provide for recognition procedures for employers in accordance with their national law or administrative practice for the purpose of applying simplified procedures for obtaining an EU Blue Card. Where a Member State decides to provide for recognition procedures, it shall involve the social partners in, amongst other, decisions on the conditions and criteria for approval. Member States shall provide clear and transparent information to the employers concerned.
Amendment 500 #
Proposal for a directive
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
Member States may refuse to recognise an employer pursuant to paragraph 1, where the employer has been sanctioned for employment of illegalrregularly staying third- country nationals pursuant to Directive 2009/52/EC or where the employer has failed to meet its legal obligations regarding social security, taxation, labour rights or working conditions.
Amendment 503 #
Proposal for a directive
Article 12 – paragraph 3 – subparagraph 1
Article 12 – paragraph 3 – subparagraph 1
Member States shall provide for measures to prevent possible abuses. Those measures may include monitoring, assessment at regular intervals andmonitor and assess at regular intervals the functioning and effectiveness of the recognition procedures for employers under paragraph 1 and any form of arbitrariness and discrimination, as per Council Directive 2000/43/EC, Council Directive 2000/78/EC and Council Directive 2002/73/EC. To that end, they shall, where appropriate, carry out inspections in accordance with national law or administrative practice and ensure that there are effective mechanisms through which all third-country nationals may lodge complaints against their employers, directly or through third parties designated by Member States such as trade unions or other associations or a competent authority of the Member State when provided for by national legislation.
Amendment 506 #
Proposal for a directive
Article 12 – paragraph 3 – subparagraph 2
Article 12 – paragraph 3 – subparagraph 2
Member States may, among other measures, refuse to renew or decide to withdraw the status of recognised employer where the employer has not respected its obligations under this Directive or in cases where the recognition has been fraudulently acquired. If the recognised employer starts respecting again its obligations under this Directive it should be allowed to apply again for the status of “recognized employer”
Amendment 517 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Unemployment in itself shall not constitute a reason for withdrawing an EU Blue Card, unless the period of unemployment exceeds threnine consecutive months, or where the unemployment occurs more than once during the period of validity of an EU Blue Card.
Amendment 521 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. During the period referred to in paragraph 1, the EU Blue Card holder shall be allowed to seek and take up employment in accordance with the conditions set out in Article 13.or other types of visas granting him stay in the EU. In the following cases, Member States shall provide the EU Blue Card holder with a period of nine consecutive months to seek alternative employment under the conditions in Article 13: (a) where the employer has failed to meet its legal obligations regarding social security, taxation, labour rights or working conditions; (b) where the conditions in the applicable laws, collective agreements or practices in the relevant occupational branches for highly skilled employment are no longer met;
Amendment 523 #
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 525 #
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
4. By way of derogation from the first subparagraph of Article 5(4) of Directive 2003/86/EC, where the conditions for family reunification are fulfilled and the applications were submitted simultaneously, residence permits for family members shall be granted at the same time as the EU Blue Card. Where the family members join the EU Blue Card holder after the EU Blue Card has been granted to him or her and where the conditions for family reunification are fulfilled, residence permits shall be granted at the latest wis soon as possible but no later thian 620 days from the date on which the application was submitted.
Amendment 526 #
Proposal for a directive
Article 16 – paragraph 5 a (new)
Article 16 – paragraph 5 a (new)
5a. Member States shall establish in national law possibilities for family members of Blue Card holders to be granted an independent residence permit in the event of widowhood or the dissolution of the marriage or the relationship, in particular in cases of violence. The conditions relating to the granting and duration of the residence permits shall be established by internal law.
Amendment 530 #
Proposal for a directive
Article 16 – paragraph 6 – subparagraph 2
Article 16 – paragraph 6 – subparagraph 2
Amendment 535 #
Proposal for a directive
Article 16 – paragraph 10 a (new)
Article 16 – paragraph 10 a (new)
10a. Member States shall take due account of the nature and solidity of the person’s family relationships and the duration of his residence in the Member State and of the existence of family, cultural and social ties with his/her country of origin where they reject an application, withdraw or refuse to renew a residence permit or decide to order the removal of the sponsor or members of his family.
Amendment 536 #
Proposal for a directive
Article 16 – paragraph 10 b (new)
Article 16 – paragraph 10 b (new)
10b. The Member States shall ensure that the sponsor and/or the members of his/her family have the right to mount a legal challenge where an application for family reunification is rejected or a residence permit is either not renewed or is withdrawn or removal is ordered.
Amendment 541 #
Proposal for a directive
Article 17 – paragraph 2 – subparagraph 2
Article 17 – paragraph 2 – subparagraph 2
Amendment 552 #
Proposal for a directive
Article 19 – title
Article 19 – title
Amendment 554 #
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Where a third-country national who holds a valid EU Blue Card issued by a Member State applying the Schengen acquis in full enters and stays in one or several second Member States and work in any work entity for a period of 90 days in any 180-day period for the purpose of carrying out a business activity, the second Member State shall not require any authorisation for exercising such activity other than the EU Blue Card issued by the first Member State.
Amendment 556 #
Proposal for a directive
Article 20 – title
Article 20 – title
Amendment 557 #
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. After twelve months of legal residence in the first Member State as an EU Blue Card holder, the third-country national shall be entitled to enter a secondEU Blue Card holders shall be entitled to enter, stay and work in one or several Member States for the purpose of highly skilled employment on the basis of the EU Blue Card and a valid travel document under the conditions set out in this Article.
Amendment 558 #
Proposal for a directive
Article 20 – paragraph 2 – subparagraph 1
Article 20 – paragraph 2 – subparagraph 1
As soon as possible and no later than one month after entering the territory of the second Member State, the EU Blue Card holder or his or her employer or both shall submit an application for an EU Blue Card tonotify the competent authority of that second Member State and present all the documents provof his or her employment ing the fulfilmat Member State and shall present of the conditiondocuments referquired to inunder paragraph 3 for the second Member State.
Amendment 560 #
Proposal for a directive
Article 20 – paragraph 2 – subparagraph 2
Article 20 – paragraph 2 – subparagraph 2
The EU Blue Card holder shall be allowed to work in the second Member State immediately after submitting the applnotification.
Amendment 561 #
Proposal for a directive
Article 20 – paragraph 2 – subparagraph 3
Article 20 – paragraph 2 – subparagraph 3
The applnotification may also be submitted to the competent authorities of the second Member State while the EU Blue Card holder is still residing in the territory of the first Member State.
Amendment 562 #
Proposal for a directive
Article 20 – paragraph 3 – introductory part
Article 20 – paragraph 3 – introductory part
3. For the purposes of the applnotification referred to in paragraph 2, the EU Blue Card holder shall present:
Amendment 564 #
Proposal for a directive
Article 20 – paragraph 3 – point b
Article 20 – paragraph 3 – point b
(b) a valid work contract or, as provided for in national law, a binding job offer for highly skilled employment, of at least sixthree months in the second Member State;
Amendment 565 #
Proposal for a directive
Article 20 – paragraph 3 – point e
Article 20 – paragraph 3 – point e
Amendment 568 #
Proposal for a directive
Article 20 – paragraph 4 – introductory part
Article 20 – paragraph 4 – introductory part
4. The second Member State shall reject an application for an EU Blue CardWithin 30 days of the date of receipt of the notification, the second Member State may object to the mobility in any of the following cases:
Amendment 570 #
Proposal for a directive
Article 20 – paragraph 4 – point b
Article 20 – paragraph 4 – point b
(b) the documents were fraudulently acquired, or falsified or tampered within a way which is significant both in relation to the validity of the document and in relation to its relevance for the issuance of a Blue Card;
Amendment 573 #
Proposal for a directive
Article 20 – paragraph 4 a (new)
Article 20 – paragraph 4 a (new)
4a. Any decision to object to mobility, taken under this paragraph, shall take account of the specific circumstances of the case and shall be proportionate.
Amendment 575 #
Proposal for a directive
Article 20 – paragraph 6
Article 20 – paragraph 6
6. TWhere a second Member State may reject an application for an EU Blue Card on the basis of a check made in accordance with Article 6(2) after a justified notification as set out objects to mobility, that objection shall not affect the renewal of the EU Blue or the re-entry of the EU Blue Card holder and his or her family members to the first Member State. Upon request of the second Member State, the first Member State shall allow such re-entry without formalities and without delay. This shall also apply if the EU Blue Card issued by the first Member State has expired or has been withdrawn during that Article, and onlye notification period. The EU Blue Card holder or his or her employer ifn the second Member State has also introduced such checks for third-country nationals coming from third countries under this Directivemay be held liable for the costs relating to the re-entry of the EU Blue Card holder and his or her family members.
Amendment 577 #
Proposal for a directive
Article 20 – paragraph 7
Article 20 – paragraph 7
7. TWhe second Member State may reject an application for an EU Blue Card where the third-country national repetitively makes use of the possibilityre the EU Blue Card holder, has exercised mobility pursuant to this Article and wishes to renter andew the EU Blue Card and to continue working in the second Member States pursuant to this Article in an abusive manner. The second Member State shall notify the first Member State of the rejection for the purpose of point (f) of Article 7(2), the EU Blue Card holder or his or her employer shall apply for renewal in that second Member State.
Amendment 579 #
Proposal for a directive
Article 20 – paragraph 8 – introductory part
Article 20 – paragraph 8 – introductory part
8. By way of derogation from Article 10(1), the second Member State shall adopt a decision on an application for an EU Blue Card and notify the applicantthe notification and inform the EU Blue Card holder and the first Member State in writing at the latest within 30 days of the date of submission of the applnotification of its decision to either:
Amendment 580 #
Proposal for a directive
Article 20 – paragraph 8 – point a
Article 20 – paragraph 8 – point a
(a) where the conditions laid down in this Article are fulfilled, issue an EU Blue Card and allow the third-country national to reside on its territory for the purpose of highly skilled employmentnot to object to mobility; or
Amendment 581 #
Proposal for a directive
Article 20 – paragraph 8 – point b
Article 20 – paragraph 8 – point b
(b) where the conditions laid down in this Article are not fulfilled, refuse to issue an EU Blue Cardto object to the mobility and oblige the applicant and his family members, in accordance with the procedures provided for in national law, to leave its territory.
Amendment 582 #
Proposal for a directive
Article 20 – paragraph 8 – point b a (new)
Article 20 – paragraph 8 – point b a (new)
(ba) The objection to the mobility of an EU Blue Card applicant in the second Member State shall not have any consequences for the renewal of the EU Blue Card in the first Member State or the return of the Blue Card holder to the first Member State on the basis of a valid Blue Card issued by that Member State.
Amendment 585 #
Proposal for a directive
Article 20 – paragraph 8 a (new)
Article 20 – paragraph 8 a (new)
8a. Any decision to object to mobility of a Blue Card holder shall be given in writing and it shall be notified to the applicant without undue delay in a language he or she understands or is reasonably meant to understand. Where a decision to object to mobility is taken, the reasons in fact and in law shall be stated in the decision. Applicants shall have access to effective judicial remedies and receive information on how to challenge the abovementioned decision shall be given in writing, unless otherwise already provided to the applicant.
Amendment 586 #
Proposal for a directive
Article 20 – paragraph 9
Article 20 – paragraph 9
9. Where the EU Blue Card issued by the first Member State expires during the notification procedure, the second Member State may issue, if so required by national law, national temporary residence permits, or equivalent authorisations, allowing the applicant to continue to stay legally on its territory until a decision on the applicationrenewal of the EU Blue Card has been taken by the competent authorities.
Amendment 587 #
Proposal for a directive
Article 20 – paragraph 10
Article 20 – paragraph 10
10. From the second time that an EU Blue Card holder and, where applicable, his family members, make use of the possibility to move to another Member State pursuant to this Article, “first Member State” shall be understood as meaning the Member State from where the person concerned moves and “second Member State” as meaning the Member State to which he is applying to reside. By way of derogation from Article 20(1), an EU Blue Card holder may move to another Member State a second time after six months of legal residence in the first Member State as an EU Blue Card holder.
Amendment 588 #
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Where the EU Blue Card holder moves to a second Member State in accordance with Article 20 and where the family was already constituted in the first Member State, the members of his or her family shall be authorised to accompany him or her and to enter and stay in the second Member State basedThis Directive shall apply in the first Member State and in other Member States which allow the Blue Card Holder to stay and work on their territory in accordance with Article 20 onf the valid residence permits obtained as family members of an EU Blue Card holder in the first Member Statis Directive, subject to the derogations laid down in this Article.
Amendment 589 #
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
Amendment 590 #
Proposal for a directive
Article 21 – paragraph 2 – subparagraph 1
Article 21 – paragraph 2 – subparagraph 1
Amendment 591 #
Proposal for a directive
Article 21 – paragraph 2 – subparagraph 2
Article 21 – paragraph 2 – subparagraph 2
Amendment 592 #
Proposal for a directive
Article 21 – paragraph 3
Article 21 – paragraph 3
Amendment 593 #
Proposal for a directive
Article 21 – paragraph 3 – point a
Article 21 – paragraph 3 – point a
Amendment 594 #
Proposal for a directive
Article 21 – paragraph 3 – point b
Article 21 – paragraph 3 – point b
Amendment 595 #
Proposal for a directive
Article 21 – paragraph 4
Article 21 – paragraph 4
Amendment 596 #
Proposal for a directive
Article 21 – paragraph 5
Article 21 – paragraph 5
Amendment 597 #
Proposal for a directive
Article 21 – paragraph 6
Article 21 – paragraph 6
Amendment 598 #
Proposal for a directive
Article 21 – paragraph 7
Article 21 – paragraph 7
Amendment 600 #
Proposal for a directive
Article 21 – paragraph 8
Article 21 – paragraph 8
8. This Article shall not apply to EU Blue Card holders who are beneficiaries of the right to free movement under Union law in theinternational protection when they reside in the Member State which granted them international protection as well as when they reside in a second Member State.
Amendment 601 #
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
Amendment 602 #
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
Amendment 603 #
Proposal for a directive
Article 22 – paragraph 3
Article 22 – paragraph 3
Amendment 605 #
Proposal for a directive
Article 22 – paragraph 4
Article 22 – paragraph 4
Amendment 606 #
Proposal for a directive
Article 22 – paragraph 6 – subparagraph 1
Article 22 – paragraph 6 – subparagraph 1
Amendment 607 #
Proposal for a directive
Article 22 – paragraph 6 – subparagraph 1 a (new)
Article 22 – paragraph 6 – subparagraph 1 a (new)
Where a Member State withdraws or does not renew an EU Blue Card which contains the remark referred to in Article 8(4a) new it shall request the Member State mentioned in that remark to confirm whether the person concerned has withdrawn his or her application for international protection. The Member State mentioned in that remark shall reply within one month after receiving the request for information. Where the third-country national has not withdrawn his or her application for international protection in the Member State mentioned in that remark, that person shall be expelled to that Member State, which treated in accordance with Article 9 – paragraph 2 a (new) [The Member State responsible for the application for international protection shall, without prejudice to the applicable Union or national law and to the principle of family unity, immediately allow re- entry, without formalities, of that applicant for international protection.
Amendment 608 #
Proposal for a directive
Article 22 – paragraph 6 – subparagraph 1 b (new)
Article 22 – paragraph 6 – subparagraph 1 b (new)
Where a Member State withdraws or does not renew an EU Blue Card, the Member State shall ensure due process and effective remedy before issuing an expulsion decision, in accordance with human rights and refugee law, including but not limited to, the principle of non- refoulement, right to private and family life and the best interests of the child.
Amendment 609 #
Proposal for a directive
Article 22 – paragraph 6 – subparagraph 2
Article 22 – paragraph 6 – subparagraph 2
Amendment 610 #
Proposal for a directive
Article 22 – paragraph 6 – subparagraph 3
Article 22 – paragraph 6 – subparagraph 3
Amendment 613 #
Proposal for a directive
Article 22 a (new)
Article 22 a (new)
Amendment 616 #
Proposal for a directive
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
Member States shall make easily accessible to applicants the information on all the documentary evidence needed for an application and information on entry and residence conditions, including the rights, obligations and procedural safeguards, of the third-country nationals falling under the scope of this Directive and of their family members. This information shall include information on the salary thresholds set in the Member State concerned any occupations or sectors of employment suffering accordance with Article 5(2), (4) and (5), and on the applicable feesute levels of unemployment for the purposes of Article 6(3a).
Amendment 619 #
Proposal for a directive
Article 23 – paragraph 2 – subparagraph 1
Article 23 – paragraph 2 – subparagraph 1
Amendment 622 #
Proposal for a directive
Article 23 – paragraph 2 – subparagraph 2
Article 23 – paragraph 2 – subparagraph 2
Amendment 625 #
Proposal for a directive
Article 23 – paragraph 3 a (new)
Article 23 – paragraph 3 a (new)
3a. The Commission shall submit the information it receives pursuant to paragraphs 2 and 3 to the European Parliament on an annual basis.
Amendment 628 #
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1
Article 24 – paragraph 1 – subparagraph 1
Annually, and for the first time by …52 at the latest, Member States shall, in accordance with Regulation (EC) No 862/200753, communicate to the Commission statistics on the numbers of third-country nationals who have been granted an EU Blue Card and on those whose application have been rejected, specifying those rejected in application of Article 6(2), as well as on the numbers of third-country nationals whose EU Blue Card has been renewed or withdrawn, during the previous calendar year. Those statistics shall be disaggregated by the citizenship, occupation, length of validity of the permits, sex and age of the applicants, and the economic sector. Those statistics for third-country nationals who have been granted an EU Blue Card shall be further disaggregated into applicants and beneficiaries of international protection whether according to EU law or national law, beneficiaries of the right to free movement, former students and researchers, former seasonal workers and those who have acquired EU long-term resident status in accordance with Article 17. _________________ 52 Four years after the date of entry into force of this Directive. 53 Regulation (EC) No 862/2007 of the European Parliament and of the Council of 11 July 2007 on Community statistics on migration and international protection and repealing Council Regulation (EEC) No 311/76 on the compilation of statistics on foreign workers (OJ L 199, 31.7.2007, p. 23).
Amendment 629 #
Proposal for a directive
Article 24 – paragraph 2
Article 24 – paragraph 2
2. For the purpose of the implementation of paragraphs Article 5(2), (4) and (5)Article 5, reference shall be made to data sent to Eurostat in accordance with Regulation (EU) No 549/201354. _________________ 54 Regulation (EU) No 549/2013 of the European Parliament and of the Council of 21 May 2013 on the European system of national and regional accounts in the European Union (OJ L 174, 26.6.2013, p. 1).
Amendment 630 #
Proposal for a directive
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
2a. Member States shall communicate to the Commission statistics as well as the implementation of Articles 14, 15 and 16 of this Directive and, where applicable, on Article 4 on the possibility to apply more favourable provisions.
Amendment 632 #
Proposal for a directive
Article 25 – paragraph 1
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 the Member States, in particular the assessment of the impact of Articles 5, 12, 3, 5, 6, 7, 10, 12, 13, 14,15, 16 19 and 20, and the impact of this Directive on the national labour market situations. The Commission shall propose any amendments that are necessary.
Amendment 634 #
Proposal for a directive
Article 25 – paragraph 2
Article 25 – paragraph 2
The Commission shall notably assess the relevance of the salary threshold set out in Article 5 and of the derogations provided for in that Article, taking into account, among others, the diversity of the economical, sectorial and geographical situations and the labour market impact within the Member Stateshow the salary criteria as set out in article 5 have been met.
Amendment 635 #
Proposal for a directive
Article 26 a (new)
Article 26 a (new)
Amendment 637 #
Proposal for a directive
Article 28 – paragraph 3
Article 28 – paragraph 3