[ParlTrack]

Barbara SPINELLI, Paloma LÓPEZ BERMEJO, Cornelia ERNST

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

Barbara SPINELLI, Paloma LÓPEZ BERMEJO, Cornelia ERNST

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

Barbara SPINELLI, Paloma LÓPEZ BERMEJO, Cornelia ERNST

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

Barbara SPINELLI, Cornelia ERNST

Proposal for a directive
Article 3 – paragraph 4

4. Member States shall not issue any other permit than an EU Blue Card to third-country nationals for the purpose of highly skilled employment where the Blue Card offers more favourable standards to third country nationals than those provided for in national schemes.

2017/03/03
Committee: LIBE

Barbara SPINELLI, Cornelia ERNST

Proposal for a directive
Article 4 – paragraph 2

2. This Directive shall not affect the right of Member States to adopt or retain more favourable provisions in respect of Articles ~~10, 14, 15, 16 and 17(5)~~5, 6 (1, 2), 7, 10, 13(1), 14, 15, 16, 17(5), and 22. 3. In order to complement the EU Blue Card, Member States should be allowed to issue national permits for any purpose of employment for third-country nationals who fall outside the scope of the Directive. 4. Where a Member States issues residence permits which offer more favourable provisions than Articles 5, 10, 14, 15 and 16 of this Directive, these provisions shall also apply to the EU Blue Card.

2017/03/03
Committee: LIBE

Barbara SPINELLI, Cornelia ERNST

Proposal for a directive
Article 5 – paragraph 1 – point a

(a) present a valid work contract or, as provided for in national law, a binding job offer for highly skilled employment, of at least ~~six~~three months in the Member State concerned;

2017/03/03
Committee: LIBE

Barbara SPINELLI, Cornelia ERNST

Proposal for a directive
Article 5 – paragraph 1 – point c

~~(c) for unregulated professions, present evidence attesting higher professional qualifications;~~deleted

2017/03/03
Committee: LIBE

Barbara SPINELLI, Cornelia ERNST

Proposal for a directive
Article 5 – paragraph 1 – point d

(d) present a valid travel document, as determined by national law, and, if required, an application for a visa or a valid visa or, where applicable, a valid residence permit or a valid long-stay visa; Applicants and beneficiaries of international protection can face difficulties in accessing travel documents. In such cases, Member States should recognize other documents including, for example, past identity documentation, Convention Travel Documents, laissez- passers, or ICRC travel documents.

2017/03/03
Committee: LIBE

Barbara SPINELLI, Malin BJÖRK, Cornelia ERNST, Paloma LÓPEZ BERMEJO

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 a~~wages 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 ag~~e gross annual salary in the Member State concerned~~reements or practices in the relevant occupational branches.

2017/03/03
Committee: LIBE

Barbara SPINELLI, Cornelia ERNST

Proposal for a directive
Article 5 – paragraph 2 a (new)

2a. Member States shall require that: (a) all conditions in the law, regulations, or administrative provisions and/or universally applicable collective agreements applicable to workers in a similar situation in the relevant occupational branches are met with regard to terms and conditions of employment other than remuneration. In the absence of a system for declaring collective agreements of universal application, Member States may base themselves on collective agreements which are generally applicable to all similar undertakings in the geographical area and in the profession or industry concerned, and/or collective agreements which have been concluded by the most representative employers and employee organisations at national level and which are applied throughout their national territory; (b) the remuneration granted to the third- country national during the entire working period is not less favourable than the remuneration granted to nationals of the Member State where the work is carried out occupying comparable positions in accordance with applicable laws or collective agreements or practices in the Member State where the host entity is established.

2017/03/03
Committee: LIBE

Barbara SPINELLI, Paloma LÓPEZ BERMEJO, Cornelia ERNST

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

Barbara SPINELLI, Paloma LÓPEZ BERMEJO, Cornelia ERNST

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

Barbara SPINELLI, Paloma LÓPEZ BERMEJO, Cornelia ERNST

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

Barbara SPINELLI, Cornelia ERNST

Proposal for a directive
Article 5 – paragraph 7

~~7. Member States shall reject applications of third-country nationals who are considered to pose a threat to public policy, public security or public health.~~deleted

2017/03/03
Committee: LIBE

Barbara SPINELLI, Cornelia ERNST

Proposal for a directive
Article 5 – paragraph 8 – subparagraph 1

~~Member States may require the third- country national concerned to provide his or her address in their territory.~~deleted

2017/03/03
Committee: LIBE

Barbara SPINELLI, Paloma LÓPEZ BERMEJO, Cornelia ERNST

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

Barbara SPINELLI, Cornelia ERNST

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 ~~thre~~nine consecutive months~~, or where the unemployment occurs more than once during the period of validity of an EU Blue Card~~.

2017/03/03
Committee: LIBE

Barbara SPINELLI, Cornelia ERNST

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 13.~~or other types of visas granting him stay in the EU. In the following cases, Member States shall provide the EU Blue Card holder with a period of nine consecutive months to seek alternative employment under the conditions in Article 13: (a) where the employer has failed to meet its legal obligations regarding social security, taxation, labour rights or working conditions; (b) where the conditions in the applicable laws, collective agreements or practices in the relevant occupational branches for highly skilled employment are no longer met;

2017/03/03
Committee: LIBE

Barbara SPINELLI, Cornelia ERNST

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 competent authorities of the Member State of residence, in accordance with the relevant national procedures.deleted

2017/03/03
Committee: LIBE

Barbara SPINELLI, Cornelia ERNST

Proposal for a directive
Article 16 – paragraph 4

4. By way of derogation from the first subparagraph of Article 5(4) of Directive 2003/86/EC, where the conditions for family reunification are fulfilled and the applications were submitted simultaneously, residence permits for family members shall be granted at the same time as the EU Blue Card. Where the family members join the EU Blue Card holder after the EU Blue Card has been granted to him or her and where the conditions for family reunification are fulfilled, residence permits shall be granted a~~t the latest wi~~s soon as possible but no later thian 620 days from the date on which the application was submitted.

2017/03/03
Committee: LIBE

Barbara SPINELLI, Paloma LÓPEZ BERMEJO, Cornelia ERNST

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

Barbara SPINELLI, Cornelia ERNST

Proposal for a directive
Article 16 – paragraph 6 – subparagraph 2

Before a family member is granted access to employment, Member States may check whether the concerned vacancy could not be filled by national or Union workforce, by third-country nationals lawfully resident in that Member State and already forming part of its labour market by virtue of Union or national law, or by EU long- term residents wishing to move to that Member State for employment in accordance with Chapter III of Directive 2003/109/EC.deleted

2017/03/03
Committee: LIBE

Barbara SPINELLI, Paloma LÓPEZ BERMEJO, Cornelia ERNST

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

Barbara SPINELLI, Paloma LÓPEZ BERMEJO, Cornelia ERNST

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

Barbara SPINELLI, Cornelia ERNST, Paloma LÓPEZ BERMEJO

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

25 Amendments of Cornelia ERNST related to 2016/0176(COD)

ParlTrack - 2011-2024