BETA

19 Amendments of Giusto CATANIA related to 2007/0228(CNS)

Proposal for a directive
Recital 6

(6) To achieve the objectives of the Lisbon Process it is also important to foster the mobility within the Union of highly qualified workers who are EU citizens, and in particular from the Member States which acceded in 2004 and 2007. In implementing this Directive, Member States are bound to respect the principle of Community preference as expressed in particular in the relevant provisions of the Acts of Accession of 16 April 2003 and 25 April 2005.

2008/09/10
Committee: LIBE

Proposal for a directive
Recital 7

(7) This Directive is intended to contribute to achieving these goals and addressing these labour shortages by fostering the admission and mobility – for the purposes of highly qualified employment – of third- country nationals for stays of more than three months, in order to make the Community more attractive to such workers from around the world and sustain its competitiveness and economic growth. To reach these goals, it is necessary to facilitate the admission of highly qualified workers and their families by establishing a fast-track admission procedure and by granting them equal social and economic rights with nationals of the host Member State in a number of areas. As concerns these rights, this Directive builds on the corresponding provision of Directive … ["on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third country workers legally residing in a Member State"].

2008/09/10
Committee: LIBE

Proposal for a directive
Recital 15

(15) The occupational and geographical mobility of third-country highly qualified workers should be recognised as a primary mechanism for improving labour market efficiency, preventing skill shortages and offsetting regional imbalances. In order to respect the principle of Community preference and to avoid possible abuses of the system, the occupational mobility of a third-country highly qualified worker should be limited for the first two years of legal residence in a Member State.

2008/09/10
Committee: LIBE

Proposal for a directive
Article 3 - paragraph 2

2. This Directive shall not apply to third country nationals: (a) staying in a Member State as applicants for international protection or under temporary protection schemes; (b) who are refugees or have applied for recognition as refugees and whose application has not yet given rise to a final decision; (c) applying to reside in a Member State as researchers within the meaning of Directive 2005/71/EC in order to carry out a research project; (d) who are family members of Union citizens who have exercised, or are exercising, their right to free movement within the Community; (e) who enjoy long-term resident status in a Member State in accordance with Directive 2003/109/EC and exercise their right to reside in another Member State in order to carry out an economic activity in an employed or self-employed capacity; (f) entering a Member State under commitments contained in an international agreement facilitating the entry and temporary stay of certain categories of trade and investment-related natural persons; (g) whose expulsion has been suspended for reasons of fact or law.deleted

2008/09/10
Committee: LIBE

Giusto CATANIA, Søren Bo SØNDERGAARD

Proposal for a directive
Article 3 - paragraph 3 a (new)

3a. A Member State issuing an EU Blue Card to a highly qualified third-country worker shall provide education for two persons of the country/region of origin of the EU Blue Card holder concerned. The education should as far as possible be within the subject area of the Blue Card holder.

2008/09/10
Committee: LIBE

Proposal for a directive
Article 7

Article~~s 5 and 6 shall be without prejudice to the competence of the Member States to determine volumes of admission of third- country nationals for highly qualified employment.~~ 7 deleted Volumes of admission

2008/09/10
Committee: LIBE

Proposal for a directive
Article 8 - paragraph 2

2. The initial validity of an EU Blue Card shall be of two years and shall be renewed for at least the same duration. If the work contract covers a period less than two years, the EU Blue Card shall be issued for the duration of the work contract plus ~~three~~six months.

2008/09/10
Committee: LIBE

Proposal for a directive
Article 9 - paragraph 2

2. Before taking the decision on an application for an EU Blue Card, Member States may examine the situation of their labour market and apply their national procedures regarding the requirements for filling a vacancy. For reasons of labour market policy, Member States may give preference to Union citizens, to third-country nationals, when provided for by Community legislation, as well as to third-country nationals who reside legally and receive unemployment benefits in the Member States concerned.deleted

2008/09/10
Committee: LIBE

Proposal for a directive
Article 10 - paragraph 3 - subparagraph 1 a (new)

Provisions adopted for reasons of public policy or public security shall respect the principle of proportionality and shall be adopted solely on the grounds of the personal conduct of the individual to whom they are applied. The personal conduct must represent a genuine and current threat which is sufficiently serious to affect a fundamental interest of society. Justifications extraneous to the individual case or invoking general precautions shall not be taken into account.

2008/09/10
Committee: LIBE

Proposal for a directive
Article 10 - paragraph 3 a (new)

3a. If a third-country national is already resident or legally present in the territory of a Member State, the sending of the file on an application for an EU Blue Card shall give rise to the right to remain in the territory of the State where the application has been submitted until the end of the procedure for consideration of the application, including the period for any appeal in the event of a negative decision.

2008/09/10
Committee: LIBE

Proposal for a directive
Article 13 - paragraph 1

1. For the first two years of legal residence ~~in the Member State concerned as holder of an EU Blue Card, access to the labour market for the person concerned shall be restricted to~~as holder of an EU Blue Card, the person concerned may have access to the labour market for the exercise of paid employment activities which meet the conditions for admission set out in Articles 5 and 6. Modifications of the terms of the work contract that affect the conditions for admission or changes in the work relationship shall be subject to the prior ~~authoris~~notification in writing of the competent authorities of the Member State of residence, according to national procedures and within the time limits set out in Article 12(1).

2008/09/10
Committee: LIBE

Proposal for a directive
Article 13 - paragraph 2

2. After the first two years of legal residence ~~in the Member State concerned~~ as holder of an EU Blue Card, the person concerned shall enjoy equal treatment with nationals as regards access to ~~highly qualified~~ employment. The holder of the EU Blue Card shall notify changes in his/her work relationship to the competent authorities of the Member State of residence, according to national procedures.

2008/09/10
Committee: LIBE

Proposal for a directive
.Article 13 - paragraph 5

5. Member States may retain restrictions to access to employment or self-employed activities in cases where, in accordance with existing national or Community legislation, these activities are reserved to nationals, EU or EEA citizens.deleted

2008/09/10
Committee: LIBE

Proposal for a directive
Article 13 - paragraph 6

6. The provisions set out in this Article shall be applied without prejudice to the principle of Community preference as expressed in the relevant provisions of the Acts of Accession of 16 April 2003 and 25 April 2005, in particular in respect to the rights of nationals of these Member States in terms of access to the labour market.deleted

2008/09/10
Committee: LIBE

Proposal for a directive
Article 14 - paragraph 1

1. Unemployment in itself shall not constitute a reason for revoking an EU Blue Card, unless the period of unemployment exceeds ~~three~~six consecutive months.

2008/09/10
Committee: LIBE

Giusto CATANIA, Søren Bo SØNDERGAARD

Proposal for a directive
Article 14 - paragraph 1 a (new)

1a. The EU Blue Card holder shall have the right to remain on the territory for as long as he or she is engaged in training activities aimed at further increasing his or her professional skills or re- qualification of his or her professional profile.

2008/09/10
Committee: LIBE

Proposal for a directive
Article 15 - paragraph 2

2. Member States may restrict the rights conferred under paragraphs 1(c) and (i) in respect to study grants and procedures for obtaining public housing to cases where the holder of the EU Blue Card has been staying or has the right to stay in its territory for at least three years.deleted

2008/09/10
Committee: LIBE

Proposal for a directive
Article 15 - paragraph 3

~~3. Member States may restrict equal treatment as regards social assistance to cases where the holder of the EU Blue Card has been granted EC long-term resident status in accordance with Article 17.~~deleted

2008/09/10
Committee: LIBE

Proposal for a directive
Article 16 - paragraph 3

3. By way of derogation from Article 5(4), first subparagraph, of Directive 2003/86/EC, residence permits for family members shall be granted as soon as possible and at the same time as the decision on the issue of the EU Blue Card, and at all events at the latest within six months from the date on which the application was lodged.

2008/09/10
Committee: LIBE