27 Amendments of Karin JÖNS related to 2007/0288(CNS)
Amendment 73 #
Proposal for a directive
Recital 11
Recital 11
Amendment 76 #
Proposal for a directive
Recital 17
Recital 17
(17) The mobility of highly qualified third- country workers between the Community and their countries of origin should be fostered and sustained. Derogations from Council Directive 2003/109/EC of 25 November 2003 on the status of third- country nationals who are long-term residents should be foreseen in order to extend the period of absence from the territory of the Community which is not taken into account for the calculation of the period of legal and continuous residence necessary to be eligible for the EC long- term residence status. Longer periods of absence than those provided for in Council Directive 2003/109/EC should also be allowed after highly qualified third-country workers have acquired EC long-term residence status. In particular, to encourage the circular migration of highly qualified third-country workers originating from developing countries, Member States should take into consideration making use of the possibilities offered in Article 4(3), second subparagraph, and Article 9(2) of Council Directive 2003/109/EC to allow for longer periods of absence than those provided for in this Directive. In order to ensure consistency in particular with the underlying development objectives, these derogations should only be applicable if it can be proven that the person concerned has returned to his/her country of origin for work, study or volunteering activities.
Amendment 77 #
Proposal for a directive
Recital 20
Recital 20
(20) In implementing this Directive, Member States should refrain from pursuing active recruitment in developing countries in sectors suffering from lack of human resources. E, in sectors which could hinder the ability of developing countries to deliver basic social services or in sectors vital to achieving the UN- Millennium Development Goals, in particular the health and educational sectors. In the abovementioned sectors ethical recruitment policies and principles applicable to both public and private sector employers should be developed, in particular in the health and education sector, as underlined in the Council and Member States' conclusions of 14 May 2007 on the European Programme for Action to tackle the critical shortage of health workers in developing countries (2007-2013). These should be strengthened by the development of mechanisms, guidelines and other tools to facilitate circular and temporary migration, as well as other measures that would minimise negative and maximise positive impacts of highly skilled immigration on developing countries. Any such intervention must be taken along the lines of the Joint Africa-EU Declaration on Migration and Development agreed in Tripoli on 22 and 23 November 2006 and with a view of establishing a comprehensive migration policy as called for by the European Council of 14 and 15 December 2006. It should also be taken in consultation with the social partners in both the countries of origin and the receiving countries, in relevant sectors. Member States shall abide by codes of conduct when they implement their policies of admission of highly qualified workers.
Amendment 78 #
Proposal for a directive
Recital 21
Recital 21
(21) Specific reporting provisions should be foreseen to monitor the implementation of the highly qualified scheme, also with a view to identifying and possibly counteracting its possible impacts in terms of brain drain in developing countries, especially in Sub- Saharan Africa. Data on the professions and the nationality of highly qualified immigrants admitted by Member States and an overview of sector based ethical recruitment policies should therefore be transmitted annually by Member States through the network created for these purposes by Council Decision 2006/688/EC of 5 October 2006 on the establishment of a mutual information mechanism concerning Member States' measures in the areas of asylum and immigration. The collected data referred to and an overview of the sector based ethical recruitment policies should be submitted to the European Parliament on an annual basis by the Council.
Amendment 79 #
Proposal for a directive
Article 2 – point (b)
Article 2 – point (b)
(b) ‘highly qualified employment’ means the exercise of genuine and effective work under the direction of someone else for which a person is paid and for which higher education qualifications or at least three years of equivalent professional experience is requiredare required. In duly justified exceptional cases, Member States shall be allowed a limited margin of discretion in the recognition of comparable qualifications;
Amendment 80 #
Proposal for a directive
Article 2 – point (f)
Article 2 – point (f)
(f) ‘family members’ means third-country nationals as defined in Article 4(1), (2) and (3) of Directive 2003/86/EC;
Amendment 81 #
Proposal for a directive
Article 2 – point (g)
Article 2 – point (g)
(g) ‘higher education qualification’ stands for any degrees, diplomas or other certificates issued by a competent authority attesting the successful completion of a higher education programme, namely a set of courses provided by an educational establishment recognised as a higher education institution by the State in which it is situated. These qualifications are taken into account, for the purposes of this directive, on condition that the studies needed to acquire them lasted at least three years. Recognition of diplomas and other evidence of formal qualifications issued shall be based on levels 5 and 6 of the International Standard Classification of Education (ISCED 1997);
Amendment 83 #
Proposal for a directive
Article 2 – point (h)
Article 2 – point (h)
Amendment 85 #
Proposal for a directive
Article 2 – point (i)
Article 2 – point (i)
Amendment 88 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. This Directive shall apply to third- country nationals who apply to be admitted to the territory of a Member State for the purpose of highly qualified employment as well as third-country nationals already legally resident under other schemes in that Member State who apply for a Blue Card.
Amendment 91 #
Proposal for a directive
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. TMember States may decide that this Directive shall not apply to
Amendment 94 #
Proposal for a directive
Article 3 – paragraph 2 – point (b)
Article 3 – paragraph 2 – point (b)
Amendment 96 #
Proposal for a directive
Article 3 – paragraph 2 – point (c)
Article 3 – paragraph 2 – point (c)
Amendment 99 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. This Directive should be without prejudice to any future agreement between the Community or between the Community and its Member States on the one hand and one or more third countries on the other, that would list the professions which should not fall under this directive in order to assure ethical recruitment, in sectors suffering from a lack of personnel, in sectors which could hinder the ability of developing countries to deliver basic social services or in sectors vital to achieving the UN Millennium Development Goals, in particular the health and education sectors, by protecting human resources in the developing countries, signatories to these agreements.
Amendment 101 #
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. This directive shall apply without prejudice to applicable collective agreements or practices in the relevant occupational branches.
Amendment 107 #
Proposal for a directive
Article 5 – paragraph 1 – point (f)
Article 5 – paragraph 1 – point (f)
(f) not be considered to pos, for reasons which can be objectively demonstrated, constitute a threat to public policy, public security or public health.
Amendment 109 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. In addition to the conditions stipulated in paragraph 1, the gross monthly salary specified in the work contract or binding job offer must not be inferior to a national salary thresholdlevel defined and published for the purpose by the Member States which shall be at least three2.2 times the minimum gross monthly wage as set by national law. Member States where minimumgross average wages are not defined shall set the national salary threshold to be at least three times the minimum income under which citizens of the Member State concerned are entitled to social assistance in that Member State, or to be in line with applicable collective agreements or practices in the relevant occupation branchess set by national law.
Amendment 114 #
Proposal for a directive
Article 6
Article 6
Amendment 129 #
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Member States may withdraw or refuse to renew an EU Blue Card for reasons ofonly if there is a threat to public policy, public security or public health which can be objectively demonstrated.
Amendment 132 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The Member State concerned shall grant the third-country national whose application has been accepted every facility to obtain the requisite visas. By issuing an EU Blue Card the Member State concerned commits itself to issuing relevant documentation and visas, where applicable, as speedily as possible, but at least at a reasonable period of time before the applicant would commence employment on the basis of which the Blue Card was granted, unless the Member State cannot reasonable be expected to do so due to time restraints as a result of a late application for a EU Blue Card by either employer or third country national concerned.
Amendment 133 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. By way of derogation from paragraph 2, Member States mayshould accept, in accordance with their national legislation, an application submitted when the third- country national concerned is not in possession of a residence permit but is legally present in its territory.
Amendment 157 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
Amendment 162 #
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 169 #
Proposal for a directive
Article 17 – paragraph 5
Article 17 – paragraph 5
Amendment 170 #
Proposal for a directive
Article 17 – paragraph 6
Article 17 – paragraph 6
Amendment 172 #
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. No later than one month after entering the territory of the second Member State, the holder of the EU Blue Card shall notify his/her presence to the competent authorities of that Member State and present all the documents proving that he/she fulfils the conditions set out in Articles 5 and 6 for the second Member State. The holder of an EU Blue Card may also apply in writing to the competent authority for authorisation to stay in the second Member State before arrival and must supply the required documents.
Amendment 179 #
Proposal for a directive
Article 22 – paragraph 3
Article 22 – paragraph 3
3. Annually, and for the first time no later than 1 April of [one year after the date of transposition of this Directive], Member States shall communicate to the Commission and the other Member States through the network established by Decision 2006/688/EC statistics on the volumes of third-country nationals who have been granted, renewed or withdrawn an EU Blue Card during the previous calendar year, indicating their nationality and their occupation. Statistics on admitted family members shall be communicated likewise. For holders of the EU Blue Card and members of their families admitted in accordance with the provisions of Articles 19 to 21, the information provided shall in addition specify the Member State of previous residence. Additionally, Member States should communicate an overview of sector based ethical recruitment policies to the Commission and the other Member States through the network established by Decision 2006/688/EC. The collected data referred to and an overview of the sector based ethical recruitment policies shall be submitted to the European Parliament on an annual basis by the Council.