BETA

90 Amendments of Paloma LÓPEZ BERMEJO related to 2016/0176(COD)

Amendment 54 #
Proposal for a directive
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.
2017/02/09
Committee: EMPL
Amendment 71 #
Proposal for a directive
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.
2017/02/09
Committee: EMPL
Amendment 73 #
Proposal for a directive
Article 5 – paragraph 4
4. By way of derogation from paragraph 2, and for employment in professions which are in particular need of third-country national workers and which belong to major groups 1 and 2 of ISCO, the salary threshold shall be 80 percent of the salary threshold set by the Member State concerned in accordance with paragraph 2.deleted
2017/02/09
Committee: EMPL
Amendment 77 #
Proposal for a directive
Article 5 – paragraph 5 – subparagraph 1
By way of derogation from paragraph 2, as regards third-country nationals who have obtained a higher education qualification not more than three years before submitting the application for an EU Blue Card, the salary threshold shall be 80 percent of the salary threshold set by the Member State concerned in accordance with paragraph 2. The period of three years shall reapply after the attainment of each level of higher education qualifications.deleted
2017/02/09
Committee: EMPL
Amendment 82 #
Proposal for a directive
Article 5 – paragraph 5 – subparagraph 2
The salary threshold referred to in the first subparagraph of this paragraph shall apply whenever an application for a first EU Blue Card or a renewal is submitted during that period of three years. Where the EU Blue Card issued during the period of three years is renewed after the three years period has elapsed, the salary threshold referred to in paragraph 2 shall apply. However, where the first EU Blue Card issued during the period of three years was issued for less than 24 months, the lower salary threshold referred to in the first subparagraph of this paragraph shall apply upon the first renewal.deleted
2017/02/09
Committee: EMPL
Amendment 87 #
Proposal for a directive
Article 6 – paragraph 3 – point a
(a) the employer has failed to meet its legal obligations regarding social security, taxation, labour rights or working conditions;deleted
2017/02/09
Committee: EMPL
Amendment 91 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point b
(b) where appropriate, where the employer has failed to meet its legal obligations regarding social security, taxation, labour rights or working conditions;deleted
2017/02/09
Committee: EMPL
Amendment 93 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point c
(c) where the conditions in the applicable laws, collective agreements or practices in the relevant occupational branches for highly skilled employment are no longer met;deleted
2017/02/09
Committee: EMPL
Amendment 99 #
Proposal for a directive
Article 13 – paragraph 2
2. Without prejudice to the criteria for admission set out in Article 5, EU Blue Card holders may engage in self-employed activity under the same conditions as citizens of the Union, in parallel to the activity in highly skilled employment.
2017/02/09
Committee: EMPL
Amendment 100 #
Proposal for a directive
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.
2017/02/09
Committee: EMPL
Amendment 105 #
Proposal for a directive
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.
2017/02/09
Committee: EMPL
Amendment 106 #
Proposal for a directive
Article 14 – paragraph 3
3. The EU Blue Card holder shall communicate the beginning and, where appropriate, the end of the period of unemployment to the relevant authorities of the Member State of residence, in accordance with the relevant national procedures.deleted
2017/02/09
Committee: EMPL
Amendment 107 #
Proposal for a directive
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
2017/02/09
Committee: EMPL
Amendment 111 #
Proposal for a directive
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.
2017/02/09
Committee: EMPL
Amendment 112 #
Proposal for a directive
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.
2017/02/09
Committee: EMPL
Amendment 114 #
Proposal for a directive
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.
2017/02/09
Committee: EMPL
Amendment 115 #
Proposal for a directive
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.
2017/02/09
Committee: EMPL
Amendment 117 #
Proposal for a directive
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.
2017/02/09
Committee: EMPL
Amendment 119 #
Proposal for a directive
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.
2017/02/09
Committee: EMPL
Amendment 121 #
Proposal for a directive
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.
2017/02/09
Committee: EMPL
Amendment 123 #
Proposal for a directive
Article 22 a (new)
Article 22a Facilitation of complaints 1. Member States shall ensure that there are effective mechanisms for third- country nationals to complain about their employers, either directly or through third parties appointed by the Member States, such as unions or other organisations or a competent body of the Member State, as determined in national legislation. 2. Member States shall ensure that third parties which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring compliance with this Directive, may engage on behalf of a third-country national, with his/her approval, in any administrative or civil proceedings provided for with the objective of implementing this Directive. 3. Member States shall put in place mechanisms to ensure that Blue Card holders: (a) may submit a complaint, subject to a limitation period laid down in national law, against their employer and, where necessary, enforce a judgment against the employer for any outstanding pay, including in situations whereby they have been or are going to be dismissed; (b) may, where provided for by national law, ask the relevant Member State authority to launch pay recovery procedures without the need for a request to be submitted. 4. Member States shall set out in their national law the conditions under which they may, on a case-by-case basis, grant temporary permits linked to the length of the relevant national procedure to third-country nationals who are subject to exploitative employment conditions, under arrangements similar to those applicable to third-country nationals who are covered by Directive 2004/81/EC.
2017/02/09
Committee: EMPL
Amendment 124 #
Proposal for a directive
Article 23 – paragraph 2
2. Member States shall communicate to the Commission each year and upon each modification, the factor they have decided to set for determining the annual salary thresholds, and the resulting nominal amounts, in accordance with Article 5(2), (4) and (5). Member States shall communicate each year to the Commission the list of the professions for which a derogation in accordance with Article 5(4) applies. Where Member States refuse applications for an EU Blue Card based on ethical recruitment considerations in accordance with Article 6(4), they shall communicate to the Commission and to the other Member States a duly justified decision indicating the countries and sectors concerned. Member States shall communicate to the Commission each year the list of allowed business activities, as meant in Article 2(l), for the application of Article 19.deleted
2017/02/09
Committee: EMPL
Amendment 132 #
Proposal for a directive
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 States.deleted
2017/02/09
Committee: EMPL
Amendment 143 #
Proposal for a directive
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.
2017/03/03
Committee: LIBE
Amendment 163 #
Proposal for a directive
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.
2017/03/03
Committee: LIBE
Amendment 193 #
Proposal for a directive
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.
2017/03/03
Committee: LIBE
Amendment 197 #
Proposal for a directive
Recital 16
(16) A lower salary threshold should be laid down for specific professions where it is considered by the Member State concerned that there is a particular lack of available workforce and where such professions belong to major group 1 or 2 of the ISCO (“International Standard Classification of Occupation”) classification.deleted
2017/03/03
Committee: LIBE
Amendment 207 #
Proposal for a directive
Recital 17
(17) A lower salary threshold should also be laid down to benefit third-country nationals during a certain period after their graduation. This period should be granted each time that the third-country national reaches a level of education relevant for the purposes of this Directive, namely levels 6, 7 or 8 of ISCED 2011, or levels 6, 7 or 8 of EQF, according to the national law of the Member State concerned. It should apply whenever the third-country national applies for an initial or renewed EU Blue Card within three years from the date of obtaining the qualifications and in addition, when that third-country national applies for a first renewal of the EU Blue Card and the initial EU Blue Card was issued for a period shorter than 24 months. After these grace periods – which may run in parallel – have elapsed the young professionals can be reasonably expected to have gained sufficient professional experience in order to fulfil the regular salary threshold.deleted
2017/03/03
Committee: LIBE
Amendment 213 #
Proposal for a directive
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.
2017/03/03
Committee: LIBE
Amendment 214 #
Proposal for a directive
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.
2017/03/03
Committee: LIBE
Amendment 215 #
Proposal for a directive
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.
2017/03/03
Committee: LIBE
Amendment 223 #
Proposal for a directive
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.
2017/03/03
Committee: LIBE
Amendment 225 #
Proposal for a directive
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.
2017/03/03
Committee: LIBE
Amendment 244 #
Proposal for a directive
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.
2017/03/03
Committee: LIBE
Amendment 245 #
Proposal for a directive
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.
2017/03/03
Committee: LIBE
Amendment 247 #
Proposal for a directive
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.
2017/03/03
Committee: LIBE
Amendment 272 #
Proposal for a directive
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.
2017/03/03
Committee: LIBE
Amendment 275 #
Proposal for a directive
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.
2017/03/03
Committee: LIBE
Amendment 290 #
Proposal for a directive
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;
2017/03/03
Committee: LIBE
Amendment 293 #
Proposal for a directive
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;
2017/03/03
Committee: LIBE
Amendment 302 #
Proposal for a directive
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
2017/03/03
Committee: LIBE
Amendment 307 #
Proposal for a directive
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
2017/03/03
Committee: LIBE
Amendment 314 #
Proposal for a directive
Article 3 – paragraph 2 – point a
(a) who seek international protection and are awaiting a decision on their status or who are beneficiaries of temporary protection in accordance with the Council Directive 2001/55/EC47 in a Member State; _________________ 47Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof (OJ L 212, 7.8.2001, p. 12).deleted
2017/03/03
Committee: LIBE
Amendment 318 #
Proposal for a directive
Article 3 – paragraph 2 – point b
(b) who seek protection in accordance with national law, international obligations or practice of the Member State and are awaiting a decision on their status, or who are beneficiaries of protection in accordance with national law, international obligations or practice of the Member State;deleted
2017/03/03
Committee: LIBE
Amendment 324 #
Proposal for a directive
Article 3 – paragraph 2 – point g
(g) whose expulsion has been suspended for reasons of fact or law;deleted
2017/03/03
Committee: LIBE
Amendment 360 #
Proposal for a directive
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.
2017/03/03
Committee: LIBE
Amendment 366 #
Proposal for a directive
Article 5 – paragraph 4
4. By way of derogation from paragraph 2, and for employment in professions which are in particular need of third-country national workers and which belong to major groups 1 and 2 of ISCO, the salary threshold shall be 80 percent of the salary threshold set by the Member State concerned in accordance with paragraph 2.deleted
2017/03/03
Committee: LIBE
Amendment 375 #
Proposal for a directive
Article 5 – paragraph 5 – subparagraph 1
By way of derogation from paragraph 2, as regards third-country nationals who have obtained a higher education qualification not more than three years before submitting the application for an EU Blue Card, the salary threshold shall be 80 percent of the salary threshold set by the Member State concerned in accordance with paragraph 2. The period of three years shall reapply after the attainment of each level of higher education qualifications.deleted
2017/03/03
Committee: LIBE
Amendment 379 #
Proposal for a directive
Article 5 – paragraph 5 – subparagraph 2
The salary threshold referred to in the first subparagraph of this paragraph shall apply whenever an application for a first EU Blue Card or a renewal is submitted during that period of three years. Where the EU Blue Card issued during the period of three years is renewed after the three years period has elapsed, the salary threshold referred to in paragraph 2 shall apply. However, where the first EU Blue Card issued during the period of three years was issued for less than 24 months, the lower salary threshold referred to in the first subparagraph of this paragraph shall apply upon the first renewal.deleted
2017/03/03
Committee: LIBE
Amendment 414 #
Proposal for a directive
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
2017/03/03
Committee: LIBE
Amendment 419 #
Proposal for a directive
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.
2017/03/03
Committee: LIBE
Amendment 420 #
Proposal for a directive
Article 7 – title
Withdrawal or non-renewal of the EU Blue Card
2017/03/03
Committee: LIBE
Amendment 421 #
Proposal for a directive
Article 7 – paragraph 1 – introductory part
1. Member States shall withdraw or refuse to renew an EU Blue Card where:
2017/03/03
Committee: LIBE
Amendment 423 #
Proposal for a directive
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
2017/03/03
Committee: LIBE
Amendment 425 #
Proposal for a directive
Article 7 – paragraph 1 – point b
(b) the third-country national no longer holds a valid work contract for highly skilled employment or the qualifications required by points (b) and (c) of Article 5(1) or his or her salary no longer meets the salary threshold as set in accordance with Article 5(2), (4) or (5), as applicable, without prejudice to Article 14.deleted
2017/03/03
Committee: LIBE
Amendment 430 #
Proposal for a directive
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:
2017/03/03
Committee: LIBE
Amendment 432 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point a
(a) for reasons of public policy, and public security or public health;
2017/03/03
Committee: LIBE
Amendment 434 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point b
(b) where appropriate, where the employer has failed to meet its legal obligations regarding social security, taxation, labour rights or working conditions;deleted
2017/03/03
Committee: LIBE
Amendment 437 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point d
(d) where the third-country national has not communicated the changes referred to in Article 13(1), where applicable, and in Article 14(3);deleted
2017/03/03
Committee: LIBE
Amendment 440 #
Proposal for a directive
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;
2017/03/03
Committee: LIBE
Amendment 441 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point f
(f) where the third-country national fails to comply with the conditions of mobility under this Chapter or repetitively makes use of the mobility provisions of this Chapter in an abusive manner.deleted
2017/03/03
Committee: LIBE
Amendment 446 #
Proposal for a directive
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.;
2017/03/03
Committee: LIBE
Amendment 451 #
Proposal for a directive
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.
2017/03/03
Committee: LIBE
Amendment 453 #
Proposal for a directive
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.
2017/03/03
Committee: LIBE
Amendment 454 #
Proposal for a directive
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;
2017/03/03
Committee: LIBE
Amendment 456 #
Proposal for a directive
Article 7 a (new)
Article 7a Non-renewal of an EU Blue Card 1. Where an EU Blue Card holder or his or her employer applies to renew the EU Blue Card, Member States shall refuse to renew where: (a) the third-country national is considered to pose a threat to public policy and public security; (b) the third-country national no longer holds a valid work contract for highly skilled employment or the qualifications required by points (b) and (c) of Article 5(1) 2. Where an EU Blue Card Holder or his or her employer applies to renew his or her EU Blue Card, Member States may refuse to renew that EU Blue Card: (a) 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.; (b) where the third-country national has been unemployed for a period exceeding nine consecutive months; (c) where the third-country national no longer holds a valid travel document, provided that, prior to refusing to renew the EU Blue Card, the Member State concerned had set a reasonable deadline for the third-country national concerned to obtain and present a valid travel document; or Any decision to refuse to renew an EU Blue Card pursuant to this paragraph shall take account of the specific circumstances of the case and shall be proportionate. 3. Member States shall not to refuse to renew 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. 4. A decision to refuse to renew an EU 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 a Blue Card is not renewed, 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.
2017/03/03
Committee: LIBE
Amendment 464 #
Proposal for a directive
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.
2017/03/03
Committee: LIBE
Amendment 493 #
Proposal for a directive
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
2017/03/03
Committee: LIBE
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.
2017/03/03
Committee: LIBE
Amendment 500 #
Proposal for a directive
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.
2017/03/03
Committee: LIBE
Amendment 503 #
Proposal for a directive
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.
2017/03/03
Committee: LIBE
Amendment 526 #
Proposal for a directive
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.
2017/03/03
Committee: LIBE
Amendment 535 #
Proposal for a directive
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.
2017/03/03
Committee: LIBE
Amendment 536 #
Proposal for a directive
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.
2017/03/03
Committee: LIBE
Amendment 541 #
Proposal for a directive
Article 17 – paragraph 2 – subparagraph 2
The EU long-term resident status granted in accordance with the first subparagraph of this paragraph may be withdrawn before the period of legal and continuous residence of five years referred to in Article 4(1) of Directive 2003/109/EC within the territory of the Member States has been completed, where the third- country national becomes unemployed and does not have sufficient resources to maintain himself or herself and, where applicable, the members of his or her family, without having recourse to the social assistance system of the Member State concerned.deleted
2017/03/03
Committee: LIBE
Amendment 557 #
Proposal for a directive
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.
2017/03/03
Committee: LIBE
Amendment 570 #
Proposal for a directive
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;
2017/03/03
Committee: LIBE
Amendment 582 #
Proposal for a directive
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.
2017/03/03
Committee: LIBE
Amendment 585 #
Proposal for a directive
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.
2017/03/03
Committee: LIBE
Amendment 606 #
Proposal for a directive
Article 22 – paragraph 6 – subparagraph 1
Where a Member State withdraws or does not renew an EU Blue Card which contains the remark referred to in Article 8(4) and decides to expel the third-country national, it shall request the Member State mentioned in that remark to confirm whether the person concerned is still a beneficiary of international protection in that Member State. The Member State mentioned in the remark shall reply within one month after receiving the request for information.deleted
2017/03/03
Committee: LIBE
Amendment 607 #
Proposal for a directive
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.
2017/03/03
Committee: LIBE
Amendment 608 #
Proposal for a directive
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.
2017/03/03
Committee: LIBE
Amendment 609 #
Proposal for a directive
Article 22 – paragraph 6 – subparagraph 2
Where the third-country national is still a beneficiary of international protection in the Member State mentioned in the remark, that person shall be expelled to that Member State, which shall, without prejudice to the applicable Union or national law and to the principle of family unity, immediately allow the re-entry, without formalities, of that beneficiary and his or her family members.deleted
2017/03/03
Committee: LIBE
Amendment 613 #
Proposal for a directive
Article 22 a (new)
Article 22a Facilitation of complaints To facilitate enforcement of this Directive and the sanctioning of employers that fail to meet their obligations: 1. Member States shall ensure that there are effective mechanisms through which 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. 2. Member States shall ensure that third parties which have, in accordance with the criteria laid down in their national law, a legitimate interest in ensuring compliance with this Directive, may engage either on behalf of or in support of a third-country national, with his or her approval, in any administrative, civil or criminal proceedings provided for with the objective of implementing this Directive. 3. Member States shall ensure that all third country nationals: (a) may introduce a claim, subject to a limited period defined in national law, against their employer and eventually enforce a judgment against the employer for any outstanding remuneration and appropriate compensation, including in cases in which they have, or have been, returned; or (b) when provided for by national legislation, may call on the competent authority of the Member State to start procedures to recover outstanding remuneration without the need for them to introduce a claim in that case. (c) may participate in the proceedings. (d) may access protection against further victimisation or other negative repercussions as a result of a complaint being made. 4. Blue Card holders will be provided with a period of six consecutive months to find alternative employment under the conditions set out in Article 13. Member States shall define in national law the conditions under which they may grant, on a case-by-case basis to the third- country nationals which were subjected to exploitative working conditions, under arrangements comparable to those applicable to third-country nationals who fall within the scope of Directive 2004/81/EC.
2017/03/03
Committee: LIBE
Amendment 625 #
Proposal for a directive
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.
2017/03/03
Committee: LIBE
Amendment 628 #
Proposal for a directive
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).
2017/03/03
Committee: LIBE
Amendment 629 #
Proposal for a directive
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).
2017/03/03
Committee: LIBE
Amendment 630 #
Proposal for a directive
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.
2017/03/03
Committee: LIBE
Amendment 632 #
Proposal for a directive
Article 25 – paragraph 1
Every three years, and for the first time by [five years after the date of entry into force of this Directive], the Commission shall report to the European Parliament and the Council on the application of this Directive in 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.
2017/03/03
Committee: LIBE
Amendment 635 #
Proposal for a directive
Article 26 a (new)
(Article 26a Amendment to clarify that when a third-country national is admitted as a Blue Card holder, he/she apply is entitled to apply to become a researcher under the Students and ResearchersDirective (EU) 2016/801 In Article 2 of Directive (EU) 2016/801 of the European Parliament and of the Council1a, point (g) is replaced by the following: “(g) who apply to reside in a Member State for the purpose of highly skilled employment within the meaning of Directive (EU) 2017/...*. 1a Directive (EU) 2016/801/EU), just like stud of the European Parliaments and researchers legally staying under Directiveof the Council (OJ L 132, 21.5.2016, p. 21). * OJ reference of COD 2016/176. Or. en 2016/801/EU may apply for a Blue Card.)
2017/03/03
Committee: LIBE