90 Amendments of Paloma LÓPEZ BERMEJO related to 2016/0176(COD)
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 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 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 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 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 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 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 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 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 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 324 #
Proposal for a directive
Article 3 – paragraph 2 – point g
Article 3 – paragraph 2 – point g
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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 613 #
Proposal for a directive
Article 22 a (new)
Article 22 a (new)
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 635 #
Proposal for a directive
Article 26 a (new)
Article 26 a (new)