2016/0176(COD) EU Blue Card Directive
Lead committee dossier:
Progress: Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | LIBE |
MORENO SÁNCHEZ Javier ( S&D)
|
ZDECHOVSKÝ Tomáš ( EPP),
STRUGARIU Ramona ( Renew),
BOESELAGER Damian ( Verts/ALE),
KOFOD Peter ( ID),
KANKO Assita ( ECR),
BARRENA ARZA Pernando ( GUE/NGL)
|
| Former Responsible Committee | LIBE | ||
| Committee Opinion | EMPL |
ŽDANOKA Tatjana ( Verts/ALE)
|
|
| Committee Opinion | JURI | ||
| Former Committee Opinion | EMPL | ||
| Former Committee Opinion | JURI |
Lead committee dossier:
Legal Basis:
TFEU 079-p2
Legal Basis:
TFEU 079-p2Subjects
Events
2021/11/03
EC - Commission response to text adopted in plenary
Documents
2021/10/28
Final act published in Official Journal
2021/10/20
CSL - Draft final act
Documents
2021/10/20
CSL - Final act signed
2021/10/20
EP - End of procedure in Parliament
2021/10/07
EP/CSL - Act adopted by Council after Parliament's 1st reading
2021/09/15
EP - Decision by Parliament, 1st reading
Details
The European Parliament adopted by 556 votes to 105, with 31 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council on the conditions of entry and residence of third-country nationals for the purposes of highly skilled employment.
The revised Blue Card Directive defines the conditions of entry and residence that third-country nationals (and their family members) must fulfil in order to take up highly qualified employment in the EU Member States.
The European Parliament's position adopted at first reading under the ordinary legislative procedure amends the Commission's proposal as follows:
Admission criteria
The applicant for an EU Blue Card should present a valid work contract or a binding offer for highly qualified employment of at least 6 months in the Member State concerned. For non-regulated professions, he/she should present documents proving that he/she has the high professional qualifications related to the work to be performed.
In order to qualify for an EU Blue Card, the salary threshold , set by the Member State concerned after consultation of the social partners, should be at least 1.0 times the average gross annual salary in the Member State concerned , but not more than 1.6 times this salary.
Member States should be able to provide for a lower salary threshold which will benefit third-country nationals for a certain period of time after they have graduated.
Where EU Blue Card holders intend to apply for an EU Blue Card in a second Member State in order to exercise a regulated profession, their professional qualifications should be recognised in the same way as those of EU citizens exercising the right of free movement.
Furthermore, highly skilled beneficiaries of international protection should be able to apply for an EU Blue Card. They should have the right to apply for an EU Blue Card in Member States other than the one which granted them international protection.
This Directive should not affect the right of Member States to determine volumes of admission of third-country nationals coming from third countries to their territory.
Rejection of an application, withdrawal and non-renewal
A Member State shall reject an application for an EU Blue Card where:
- the third-country national concerned is considered to pose a threat to public policy, public security or public health; or where the employer’s business was established or operates for the main purpose of facilitating the entry of third-country nationals;
- the competent authorities of the Member State, after checking the labour market situation, for example where there is a high level of unemployment, conclude that the vacancy concerned may be filled from the national or Union workforce, or by third-country nationals who are lawfully resident in that Member State.
Member States should be able to withdraw or refuse to renew an EU Blue Card where the EU Blue Card holder has failed to comply with the conditions for mobility under this Directive, including in cases of the abusive use of mobility rights, or where the EU Blue Card holder 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 that Member State.
Period of validity and procedure
The period of validity of the EU Blue Card should be at least 24 months . However, where the duration of the work contract is shorter, the EU Blue Card should be issued for at least the duration of the work contract plus three months, subject to a maximum of 24 months. That decision should be adopted and notified as soon as possible but not later than 90 days after the date of submission of the complete application.
Labour market access, change of employer
During the first 12 months of legal employment of the person concerned as an EU Blue Card holder, a Member State may: (i) require that a change of employer or a change which may affect the fulfilment of the criteria for admission be communicated to the competent authorities in that Member State; (ii) subject any change of employer to a check of the labour market situation. After that 12-month period, Member States should only be allowed to require the EU Blue Card holder to inform competent authorities of a change of employer or a change that affects the fulfilment of the criteria for admission set out in this Directive.
Family reunification
To attract and retain highly skilled workers from outside the EU, family members of EU Blue Card holders will be able to accompany them and access the EU labour market.
Intra-EU mobility
EU Blue Card holders, and their family members, will be able to move to a second Member State based on simplified mobility rules after 12 months of employment in the first Member State. Periods of time spent working in different Member States will also be taken into account, facilitating easier access to the EU long-term resident status.
Applicants will have to demonstrate that they have resided for two years legally and continuously as EU Blue Card holders immediately before the submission of the relevant application in the territory of the Member State where the application for EU long-term resident status in a Member State is submitted.
Documents
2021/09/14
EP - Debate in Parliament
Documents
2021/06/02
EP - Approval in committee of the text agreed at 1st reading interinstitutional negotiations
Documents
2021/05/21
CSL - Coreper letter confirming interinstitutional agreement
Documents
2021/05/21
EP - Text agreed during interinstitutional negotiations
Documents
2020/04/27
EP - ŽDANOKA Tatjana (Verts/ALE) appointed as rapporteur in EMPL
2020/02/19
EP - MORENO SÁNCHEZ Javier (S&D) appointed as rapporteur in LIBE
2019/10/21
EP - Committee referral announced in Parliament, 1st reading
2017/07/05
EP - Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71)
2017/07/03
EP - Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
2017/06/28
EP - Committee report tabled for plenary, 1st reading
Details
The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Claude MORAES (S&D, UK) on the proposal for a directive of the European Parliament and of the Council on the conditions of entry and residence of third-country nationals for the purposes of highly skilled employment.
The Committee on Employment and Social Affairs, exercising its prerogative as an associated committee in accordance with Article 54 of the Rules of Procedure, also gave its opinion on the report.
The proposal seeks to improve the attractiveness of the European Blue Card by trying to increase its use across the Union and ensuring that it works for high skilled third-country nationals, for potential employers within the EU and for the administrations.
The committee recommended that the position of the European Parliament adopted at first reading in accordance with the ordinary legislative procedure should amend the Commission proposal as follows:
Scope : Members propose to extend the scope to include third-country nationals who already hold a residence permit in a Member State under Directive (EU) 2016/801 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing.
Where they fall within the scope of the Directive, persons applying for international protection should be subject to the same rules as any other third-country national falling within the scope of the Directive.
Admission criteria : a third-country national applying for a European Blue Card should have a valid work contract or a binding job offer of at least nine months . For unregulated professions, present written evidence should be provided attesting higher education qualifications or higher professional skills.
The third-country national should also be able to present evidence that an application for international protection or protection under national law is pending.
Member States should facilitate the rapid validation and recognition of documents attesting to the possession of a diploma in higher education and high professional skills. In addition, a simplified procedure for approved employers should be provided for.
Salary threshold : when transposing it, Member States should establish a salary threshold in agreement with the social partners . That salary threshold should be at least 1.0 times but not higher than 1.4 times the average gross annual salary in the Member State concerned.
Member States could, in agreement with the social partners, decide not to establish a salary threshold in certain occupational branches, for example when a collective agreement governs the wages applicable in that occupational branch.
Grounds for refusal : the application for a European Blue Card would be rejected if the third-country national is considered to constitute a threat to public policy, public security or public health.
In circumstances where the domestic labour market suffers a high level of unemployment in a given occupation or sector, which may be limited to particular regions or other parts of the territory, a Member State should, after consulting with social partners, be able to take into account the situation of its labour market before issuing an EU Blue Card.
In the event that a Member State decides to make use of this possibility for a given occupation or sector, possibly in a particular part of their territory, it should send a notification to the Commission hereof, explaining the economic, social and other reasons justifying the decision to introduce such labour market test for the next six months and do so again for every subsequent six month period.
Withdrawal and non-renewal : Member States shall withdraw an EU Blue Card where the third-country national no longer holds a valid work contract for highly skilled employment or the qualifications required. Member States shall refuse to renew it where the third-country national is considered to pose a threat to public policy , public security or public health.
Member States may refuse renewal, for example where the third-country national has been unemployed for more than six consecutive months or no longer holds a valid travel document.
Any decision to reject an application for a European Blue Card or to withdraw or refuse to renew the card shall take account of the specific circumstances of the case and shall be proportionate .
Standard validity period : Member States shall set a standard period of validity for the European Blue Card, which is at least 36 months (instead of 24 months).
When the applicant for international protection receives a European Blue Card, his application for international protection would be considered suspended for the period of validity of the card.
Mobility for blue card holders : Members introduced a series of amendments aimed at simplifying the intra-EU mobility procedure. The proposed amendments aim to replace additional applications with notifications and allow the Blue Card holder to work in a second Member State once he/she has notified the Member State concerned.
Documents
2017/06/15
EP - Vote in committee, 1st reading
2017/06/15
EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2017/05/31
EP - Committee opinion
Documents
2017/01/26
EP - Committee draft report
Documents
2017/01/19
EP - Referral to associated committees announced in Parliament
2016/12/08
CofR - Committee of the Regions: opinion
Documents
2016/10/13
AT_BUNDESRAT - Contribution
Documents
2016/10/11
RO_CHAMBER - Contribution
Documents
2016/09/27
PL_SENATE - Contribution
Documents
2016/09/25
RO_SENATE - Contribution
Documents
2016/09/21
PT_PARLIAMENT - Contribution
Documents
2016/09/18
IT_SENATE - Contribution
Documents
2016/07/04
EP - Committee referral announced in Parliament, 1st reading
2016/06/08
EC - Document attached to the procedure
Documents
2016/06/08
EC - Document attached to the procedure
Documents
2016/06/07
EC - Legislative proposal published
Details
PURPOSE: to establish the conditions of entry and residence of third-country nationals for the purposes of highly skilled employment.
PROPOSED ACT: Directive of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: the 2009 “EU Blue Card” Directive ( Council Directive 2009/50/EC ) intended to facilitate the admission and mobility of highly qualified third-country national workers, and their family members, by harmonising entry and residence conditions throughout the EU and by providing for a set of rights. The current EU Blue Card Directive has demonstrated intrinsic weaknesses such as restrictive admission conditions and very limited facilitation for intra-EU mobility.
The overall inflow of highly skilled third-country national workers to the participating Member States under both the EU Blue Card and national schemes for highly skilled workers was 23 419 in 2012, 34 904 in 2013 and 38 774 in 2014 . When compared to the projected needs for highly skilled workers in certain sectors, these numbers are by far insufficient to address the existing and projected future labour and skills shortages in the EU in highly skilled occupations.
The current fragmented situation with diverging and parallel national rules for the same category of third-country nationals across Member States is neither effective nor efficient for any party involved.
The conclusions of the European Council of 26 and 27 June 2014 state that in order to remain an attractive destination for talents and skills, Europe must compete in the global race for talent. Strategies to maximise the opportunities of legal migration should therefore be developed, including the streamlining of existing rules.
The European Agenda on Migration adopted on 13 May 2015 called for an attractive EU-wide scheme for highly qualified third-country nationals , and specifies that a review of Council Directive 2009/50/EC is needed to make it more effective in attracting talents to the Union and thereby address both the demographic challenges faced by the Union and labour and skills shortages in key sectors of the Union economy.
IMPACT ASSESSMENT: the preferred option includes therefore the following main elements:
modifying the admission conditions and making the EU Blue Card accessible to a wider group of highly skilled workers; improving the rights associated with the EU Blue Card, including intra-EU mobility; and not extending the scope beyond highly skilled workers; national schemes for third-country nationals falling within the scope of application of this Directive would no longer be allowed; the legislative measures would be complemented by non-legislative actions and potentially by making the EU Blue Card accessible to highly skilled beneficiaries of international protection.
The estimated additional permits for this option are in the range of minimum 32 484 to maximum 137 690 highly skilled workers (per year, aggregate across participating Member States, variation depending on the salary threshold set by individual Member States). This would result in an estimated positive annual economic impact of between EUR 1.4 billion to EUR 6.2 billion.
CONTENT: this proposal, which replaces the existing EU Blue Card Directive (2009/50/EC), aims to improve the EU’s ability to attract and retain highly skilled third-country nationals. It seeks to establish a special admission procedure and the adoption of conditions of entry and residence, and the rights, applicable to third-country nationals for the purpose of highly skilled employment and their family members.
Definitions : the proposal sets out the definition given to "highly skilled employment", which replaces the concept of "highly qualified employment" in the current Directive. It refers to paid employment, in accordance with national law and practice , by a person having the necessary competence as proven by "higher professional qualifications". The latter can be attested by either "higher education qualifications" or by "higher professional skills" (i.e. skills attested by at least three years of professional experience of a level comparable to higher education qualifications and relevant to the work or profession to be carried out).
The definition of " business activity " is provided in order to define which professional activities can be carried out by the EU Blue Card holder in the context of the specific rules for short-term mobility to other Member States.
Scope : the proposal:
does not cover EU citizens, third-country nationals who are EU long-term residents and want to move to another Member State, seasonal workers nor posted workers; shall not apply to third-country nationals who apply to reside in a Member State as researchers , within the meaning of Directive (EU) 2016/801 , in order to carry out a research project; provides that all third-country national family members of EU citizens are given access to the EU Blue Card in order to enable them to engage in highly skilled employment and perform business trips in different Member States regardless of whether or not the EU citizen accompanies them; continues to not apply to persons seeking international protection and awaiting decision on their status or to those who are beneficiaries of temporary protection or residing in a Member State on a strictly temporary basis. As a novelty it does cover, however, beneficiaries of international protection under Directive 2011/95/EU (“Qualification Directive”). obliges Member States to grant an EU Blue Card instead of a national permit for highly skilled work to persons falling under its scope.
More favourable provisions : this proposal harmonises admission conditions and procedures for third-country nationals falling under its scope, and for their family members, as well as for their subsequent mobility to other Member States. Member States are nevertheless still allowed to grant more favourable conditions as regards rights.
Criteria for admission : besides the general conditions similar to those included in Directive 2009/50/EC and other existing acquis on legal migration (i.e., having a valid travel document, sickness insurance and not posing a threat to public policy, public security or public health), specific conditions include:
a work contract or a binding job offer with a duration of at least six months in the Member State concerned, as admission is demand-driven. The required length of contract is shortened from 12 to 6 months compared to the current Directive; proof of higher professional qualifications, i.e. either higher education qualifications or higher professional skills; the salary specified in the work contract must be at least equal to a certain threshold determined by Member States within a range of minimum 1.0 and maximum 1.4 times the average gross annual salary in the Member State concerned; a mandatory lower salary threshold (at 80 percent of the general threshold) for shortage occupations determined by the Member States, as well as for young graduates;
As regards the possibility of carrying out a labour market test , the proposal states that it is only allowed in circumstances where a Member State's labour market undergoes serious disturbances, for example a high level of unemployment in a given occupation or sector in a particular region in their territory.
Procedure : applicants for whom a positive decision has been taken by the Member State concerned shall receive a residence permit called "EU Blue Card" stating the conditions under which they are allowed to work. The standard period of validity for the EU Blue Card is at least 24 months . Only if the work contract covers a shorter period, the EU Blue Card validity should be at least the duration of the work contract plus three months. However, when an EU Blue Card is renewed, the period of validity should in any case be at least 24 months .
Member States shall notify the applicant of a decision on an application at the latest within 60 days after the submission of the application. This is shortened from the 90 days in Directive 2009/50/EC. Member States may decide to impose fees for handling applications. However, they should not be disproportionate or excessive.
Rights : the proposal simplifies access to the labour market: EU Blue Card holders are granted full access to highly skilled employment. Member States can only require that they communicate changes of employer or changes that can affect the fulfilment of the EU Blue Card admission conditions. Temporary unemployment is allowed.
The proposal provides EU Blue Card holders facilitated access to EU long-term resident status . To reinforce the link to the country issuing the EU long-term resident status, it is required that the EU Blue Card holder has resided at least two years immediately prior to applying for the status in the Member State concerned.
The provisions on equal treatment of EU Blue Card holders with Member State nationals largely correspond to the rights provided under Directive 2009/50/EC.
Mobility between Member States : the proposal allows Blue Card holders to enter and stay in other Member States for the purpose of carrying out a business activity. Second Member States are not allowed to require a work permit or any other authorisation than the EU Blue Card issued by the first Member State for carrying out such activity.
Where the EU Blue Card is issued by a Member State applying the Schengen acquis in full, the EU Blue Card holder can move within the Schengen area and carry out a business activity for 90 days within a 180-day period. Where the EU Blue Card is issued by a Member State not applying the Schengen acquis in full, Member States may require evidence of the purpose of the trip when an EU Blue Card holder crosses an external border for mobility purpose. Moreover, if an EU Blue Card is not eventually issued by the second Member State, the first Member State has to allow re-entry of the person concerned with possible family members.
Access to information : Member States are required to: (i) provide easily accessible information to applicants about entry and residence conditions, as well as rights; (ii) communicate to the Commission data on a number of aspects, such as the annual salary thresholds, the list of shortage occupations, the cases in which Member States make use of the clause on ethical recruitment, the allowed business activities in their territory.
It should be noted that the United Kingdom, Ireland and Denmark shall not participate in the adoption of the Directive and therefore shall not be bound by it.
Documents
Documents
- Commission response to text adopted in plenary: SP(2021)637
- Final act published in Official Journal: Directive 2021/1883
- Final act published in Official Journal: OJ L 382 28.10.2021, p. 0001
- Draft final act: 00040/2021/LEX
- Decision by Parliament, 1st reading: T9-0374/2021
- Debate in Parliament: Debate in Parliament
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: PE693.667
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: GEDA/A/(2021)001972
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2021)001972
- Text agreed during interinstitutional negotiations: PE693.667
- Committee report tabled for plenary, 1st reading: A8-0240/2017
- Committee opinion: PE597.413
- Committee draft report: PE595.499
- Committee of the Regions: opinion: CDR3699/2016
- Contribution: COM(2016)0378
- Contribution: COM(2016)0378
- Contribution: COM(2016)0378
- Contribution: COM(2016)0378
- Contribution: COM(2016)0378
- Contribution: COM(2016)0378
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2016)0193
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2016)0194
- Legislative proposal published: COM(2016)0378
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: EUR-Lex SWD(2016)0193
- Document attached to the procedure: EUR-Lex SWD(2016)0194
- Committee of the Regions: opinion: CDR3699/2016
- Committee draft report: PE595.499
- Committee opinion: PE597.413
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2021)001972
- Text agreed during interinstitutional negotiations: PE693.667
- Draft final act: 00040/2021/LEX
- Commission response to text adopted in plenary: SP(2021)637
- Contribution: COM(2016)0378
- Contribution: COM(2016)0378
- Contribution: COM(2016)0378
- Contribution: COM(2016)0378
- Contribution: COM(2016)0378
- Contribution: COM(2016)0378
Activities
- Brando BENIFEI
Plenary Speeches (1)
- 2021/09/14 EU Blue Card Directive (debate)
- Fabio Massimo CASTALDO
Plenary Speeches (1)
- 2021/09/14 EU Blue Card Directive (debate)
- Sylvie GUILLAUME
Plenary Speeches (1)
- 2021/09/14 EU Blue Card Directive (debate)
- Balázs HIDVÉGHI
Plenary Speeches (1)
- 2021/09/14 EU Blue Card Directive (debate)
- Seán KELLY
Plenary Speeches (1)
- 2021/09/14 EU Blue Card Directive (debate)
- Ádám KÓSA
Plenary Speeches (1)
- 2021/09/14 EU Blue Card Directive (debate)
- Gilles LEBRETON
Plenary Speeches (1)
- 2021/09/14 EU Blue Card Directive (debate)
- Juan Fernando LÓPEZ AGUILAR
Plenary Speeches (1)
- 2021/09/14 EU Blue Card Directive (debate)
- Javier MORENO SÁNCHEZ
Plenary Speeches (1)
- 2021/09/14 EU Blue Card Directive (debate)
- Kostas PAPADAKIS
Plenary Speeches (1)
- 2021/09/14 EU Blue Card Directive (debate)
- Henna VIRKKUNEN
Plenary Speeches (1)
- 2021/09/14 EU Blue Card Directive (debate)
- Tatjana ŽDANOKA
Plenary Speeches (1)
- 2021/09/14 EU Blue Card Directive (debate)
- Pernando BARRENA ARZA
Plenary Speeches (1)
- 2021/09/14 EU Blue Card Directive (debate)
- Nicolaus FEST
Plenary Speeches (1)
- 2021/09/14 EU Blue Card Directive (debate)
- Assita KANKO
Plenary Speeches (1)
- 2021/09/14 EU Blue Card Directive (debate)
- Peter KOFOD
Plenary Speeches (1)
- 2021/09/14 EU Blue Card Directive (debate)
- Marcel KOLAJA
Plenary Speeches (1)
- 2021/09/14 EU Blue Card Directive (debate)
- Ramona STRUGARIU
Plenary Speeches (1)
- 2021/09/14 EU Blue Card Directive (debate)
- Radan KANEV
Plenary Speeches (1)
- 2021/09/14 EU Blue Card Directive (debate)
- Joachim Stanisław BRUDZIŃSKI
Plenary Speeches (1)
- 2021/09/14 EU Blue Card Directive (debate)
- Damian BOESELAGER
Plenary Speeches (1)
- 2021/09/14 EU Blue Card Directive (debate)
- Eugen TOMAC
Plenary Speeches (1)
- 2021/09/14 EU Blue Card Directive (debate)
- Cyrus ENGERER
Plenary Speeches (1)
- 2021/09/14 EU Blue Card Directive (debate)
Votes
Directive «carte bleue européenne» - EU Blue Card Directive - Richtlinie über die Blaue Karte - A8-0240/2017 - Javier Moreno Sánchez - Rejet - Am 189 #
2021/09/15 Outcome: -: 572, +: 104, 0: 14
NI
The Left
PPEA8-0240/2017 - Javier Moreno Sánchez - Accord provisoire - Am 190 #
2021/09/15 Outcome: +: 556, -: 105, 0: 31
| Amendments | Dossier |
| 632 |
2016/0176(COD)
2017/02/09
EMPL
109 amendments...
Amendment 100 #
Proposal for a directive Article 14 – paragraph 1 1. Unemployment in itself shall not constitute a reason for withdrawing an EU Blue
Amendment 101 #
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
Amendment 102 #
Proposal for a directive Article 14 – paragraph 1 1. Unemployment in itself shall not
Amendment 103 #
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, except where such unemployment is the result of illness, accident or disability or in the case of the withdrawal or non-renewal of an EU Blue Card pursuant to point (b) of Article 7(2).
Amendment 104 #
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
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
Amendment 106 #
Proposal for a directive Article 14 – paragraph 3 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
Amendment 108 #
Proposal for a directive Article 15 – paragraph 1 – point d (d) recognition of diplomas
Amendment 109 #
Proposal for a directive Article 15 – paragraph 1 – point f (f) access to
Amendment 110 #
Proposal for a directive Article 15 – paragraph 1 – point f (f) access to goods and services and the supply of goods and services made available to the public,
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.
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.
Amendment 113 #
Proposal for a directive Article 15 – paragraph 1 a (new) 1a. The establishment by a Member State or an employer of requirements concerning use of and proficiency in an official, regional or minority language or languages at work shall be justified and in proportion to the objective being sought.
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.
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.
Amendment 116 #
Proposal for a directive Article 15 – paragraph 3 3. EU Blue Card holders moving to a third country, or their survivors who reside in a third country and who derive rights from the EU Blue Card holder, shall
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.
Amendment 118 #
Proposal for a directive Article 15 – paragraph 6 a (new) 6a. Member States shall hold the employer of the EU Blue Card holder responsible for any significant failure to comply with Article 5(3) or Article 15. The Member State concerned shall provide for sanctions where the employer is held responsible. Those sanctions shall be effective, proportionate and dissuasive.
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
Amendment 120 #
Proposal for a directive Article 22 – paragraph 5 – subparagraph 1 Member States
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.
Amendment 122 #
Proposal for a directive Article 22 – paragraph 5 – subparagraph 2 The Member State concerned shall provide for sanctions where the employer is
Amendment 123 #
Proposal for a directive Article 22 a (new) Amendment 124 #
Proposal for a directive Article 23 – paragraph 2 Amendment 125 #
Proposal for a directive Article 23 – paragraph 2 – subparagraph 1 Amendment 126 #
Proposal for a directive Article 23 – paragraph 2 – subparagraph 1 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)
Amendment 127 #
Proposal for a directive Article 23 – paragraph 2 – subparagraph 2 Amendment 128 #
Proposal for a directive Article 23 – paragraph 2 – subparagraph 2 Amendment 129 #
Proposal for a directive Article 23 – paragraph 2 – subparagraph 3 Where Member States refuse applications for an EU Blue Card based on ethical recruitment considerations in accordance with Article 6(4), they shall
Amendment 130 #
Proposal for a directive Article 23 – paragraph 3 3. Member States shall monitor and
Amendment 131 #
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
Amendment 132 #
Proposal for a directive Article 25 – paragraph 2 Amendment 133 #
Proposal for a directive Article 25 – paragraph 2 The Commission shall notably assess
Amendment 25 #
Proposal for a directive Recital 6 Amendment 26 #
Proposal for a directive Recital 6 (6) The concept of highly skilled worker should replace the concept of highly qualified worker in order to emphasise that both formal educational qualifications and equivalent professional experience should be taken equally into account as criteria for admission. According to a Council Recommendation of 20 December 201232 , the validation of learning outcomes, namely competences (knowledge, skills and attitudes)33 acquired through non-formal and informal learning can play an important role in enhancing employability and mobility. It recommends Member States to have in place, no later than 2018, arrangements for the validation of non-formal and informal learning. As mechanisms and arrangements for the evaluation and validation of professional experience are not readily available in all Member States,
Amendment 27 #
Proposal for a directive Recital 6 (6) The concept of highly skilled worker should replace the concept of highly qualified worker in order to emphasise that both formal educational qualifications and equivalent professional experience should be taken equally into account as criteria for admission. Professional experience should be taken into account as a criterion for admission only in exceptional circumstances laid down in national law provided that the applicant has skills of a level comparable to higher education qualifications attested by at least five years of experience which is relevant to the employment for which the EU Blue Card is being applied for. According to a Council Recommendation
Amendment 28 #
Proposal for a directive Recital 6 (6) The concept of highly skilled worker should replace the concept of highly qualified worker in order to emphasise that both formal educational qualifications and equivalent professional experience should be taken equally into account as criteria for admission. In addition, the fact that other non-formal skills, which are evaluated and validated by the competent authority in the Member State for nationals of another Member State can also be included in the concept of highly skilled worker should be taken into account. According to a Council Recommendation of 20 December 201232 , the validation of learning outcomes, namely competences (knowledge, skills and attitudes)33 acquired through non- formal and informal learning can play an important role in enhancing employability and mobility. It recommends Member States to have in place, no later than 2018, arrangements for the validation of non- formal and informal learning. As mechanisms and arrangements for the evaluation and validation of professional experience are not readily available in all Member States, an additional transposition period of two years after the entry into force of this Directive should be provided for the provisions related to recognising professional experience in order to enable Member States, where necessary, to develop such mechanisms and arrangements. Member States’ National Contact Points on the EU Blue Card should be involved in effective cooperation with stakeholders and networks in the education, training, employment and youth sectors, as well as other relevant policy areas, for the purpose of recognising professional experience under this Directive.
Amendment 29 #
Proposal for a directive Recital 13 a (new) (13a) In order to combat wage dumping, this Directive should provide, for third-country national highly skilled workers, the same salary thresholds as those provided for the same categories of worker in the Union, also in order to prevent the pursuit of competitiveness through the devaluation of labour.
Amendment 30 #
Proposal for a directive Recital 15 Amendment 31 #
Proposal for a directive Recital 15 (15) In order to ensure a sufficient level of harmonisation in the admission conditions
Amendment 32 #
Proposal for a directive Recital 15 (15) In order to ensure a sufficient level of harmonisation in the admission conditions throughout the Union, both minimum and maximum factors for calculating the salary threshold
Amendment 33 #
Proposal for a directive Recital 15 (15) In order to ensure a sufficient level of harmonisation in the admission conditions throughout the Union, both minimum and maximum factors for calculating the salary threshold should be determined. Member States should fix their threshold in accordance with the situation and organisation of their respective labour markets and their general immigration policies. The principle of equal treatment with workers who are nationals of the host Member State, in accordance with the national law and practice of the host Member State should be respected.
Amendment 34 #
Proposal for a directive Recital 15 (15) In order to ensure a sufficient level of harmonisation in the admission conditions throughout the Union, both minimum and maximum factors for calculating the salary threshold should be determined. Member States should fix their threshold in accordance with the situation and organisation of their respective labour markets and their general immigration policies, taking into account the principle of subsidiarity.
Amendment 35 #
Proposal for a directive Recital 15 (15) In order to ensure a sufficient level of transparency and a degree of harmonisation in the admission conditions throughout the Union, both minimum and maximum factors for calculating the salary threshold should be determined. Member States should fix their threshold in accordance with the situation and organisation of their respective labour markets and their general immigration policies.
Amendment 36 #
Proposal for a directive Recital 15 a (new) (15a) EU Blue Card rules, against the background of the single currency, could lead to an increase, even for ‘higher professional qualifications’, of wage imbalances within the Union; accordingly, the thresholds set by individual Member States should reproduce the minimum and maximum salary levels that apply, or would apply, to a Union worker from the same profession or the same sector in the Member State concerned.
Amendment 37 #
Proposal for a directive Recital 15 a (new) (15a) The appropriate wage levels should be defined at national, regional, sectoral or company level in agreement with the social partners and in accordance with existing collective agreements and national law.
Amendment 38 #
Proposal for a directive Recital 16 Amendment 39 #
Proposal for a directive Recital 16 Amendment 40 #
Proposal for a directive Recital 16 Amendment 41 #
Proposal for a directive Recital 16 Amendment 42 #
Proposal for a directive Recital 16 (16)
Amendment 43 #
Proposal for a directive Recital 17 Amendment 44 #
Proposal for a directive Recital 17 Amendment 45 #
Proposal for a directive Recital 17 Amendment 46 #
Proposal for a directive Recital 17 Amendment 47 #
Proposal for a directive Recital 17 (17)
Amendment 48 #
Proposal for a directive Recital 18 Amendment 49 #
Proposal for a directive Recital 18 Amendment 50 #
Proposal for a directive Recital 18 (18) The conditions of entry and residence of third-country nationals for the purposes of highly skilled employment, including
Amendment 51 #
Proposal for a directive Recital 18 (18) The conditions of entry and residence of third-country nationals for the purposes of highly skilled employment
Amendment 52 #
Proposal for a directive Recital 18 (18) The conditions of entry and residence of third-country nationals for the purposes of highly skilled employment, including the eligibility criteria related to access to full social rights and to a minimum salary threshold, should be defined. It should not aim to determine salaries and therefore should not derogate from the rules or practices at Member State level or from collective agreements, and should not be used to constitute any harmonisation in this field. This Directive should fully respect the competences of Member States, particularly on employment, labour and social matters.
Amendment 53 #
Proposal for a directive Recital 31 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.
Amendment 55 #
Proposal for a directive Recital 34 (34) Professional qualifications leading to a diploma acquired by a third-country national in another Member State should be recognised in the same way as those of Union citizens. Qualifications acquired in a third country should be taken into account in accordance with Directive 2005/36/EC of the European Parliament and of the Council42.
Amendment 56 #
Proposal for a directive Article 2 – paragraph 1 – point b – indent 3 - has the required
Amendment 57 #
Proposal for a directive Article 2 – paragraph 1 – point b – indent 3 - has the required competence, as
Amendment 58 #
Proposal for a directive Article 2 – paragraph 1 – point g Amendment 59 #
Proposal for a directive Article 2 – paragraph 1 – point g (g) "higher professional qualifications" means qualifications attested by evidence of higher education qualifications or
Amendment 60 #
Proposal for a directive Article 2 – paragraph 1 – point g (g) "higher professional qualifications" means qualifications attested by evidence of higher education qualifications
Amendment 61 #
Proposal for a directive Article 2 – paragraph 1 – point g (g) "higher professional qualifications" means qualifications attested by evidence of higher education qualifications or higher professional skills attested via an evaluation and validation procedure established by the host Member State;
Amendment 62 #
Proposal for a directive Article 2 – paragraph 1 – point h (h) "higher education qualifications" means any diploma, certificate or other evidence of formal qualifications issued by a competent authority attesting the successful completion of a post-secondary higher education or equivalent tertiary education programme, namely 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, where the studies needed to acquire those qualifications lasted at least
Amendment 63 #
Proposal for a directive Article 2 – paragraph 1 – point i (i) “higher professional skills” means skills attested by at least
Amendment 64 #
Proposal for a directive Article 2 – paragraph 1 – point i a (new) (ia) "specific artistic or sporting talent" means a talent attested by testimonies of teachers or trainers and portfolio which is relevant in the profession or sector specified in the work contract or binding job offer;
Amendment 65 #
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
Amendment 66 #
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
Amendment 67 #
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, for the same working hours, the minimum wage set up in collective or sectorial agreements for the workers of the same productive sector. In case of absence of those agreements, the salary threshold shall be, at least and for the same working hours, 1.0 times but not higher than 1.4 times, the average gross annual salary in the Member State concerned.
Amendment 68 #
Proposal for a directive Article 5 – paragraph 2 2. In addition to the conditions laid down in paragraph 1, Member States may introduce a salary threshold. Where a salary threshold is introduced, 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 State
Amendment 69 #
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 average gross annual salary in the Member State concerned. Member States shall involve the social partners before introducing a salary threshold.
Amendment 70 #
Proposal for a directive Article 5 – paragraph 3 3. In addition to the conditions laid down in paragraph 1, Member States shall require that all conditions in the applicable laws, collective agreements or practices in the relevant occupational branches for highly skilled employment are met.
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.
Amendment 72 #
Proposal for a directive Article 5 – paragraph 4 Amendment 73 #
Proposal for a directive Article 5 – paragraph 4 Amendment 74 #
Proposal for a directive Article 5 – paragraph 4 Amendment 75 #
Proposal for a directive Article 5 – paragraph 4 4. By way of derogation from paragraph
Amendment 76 #
Proposal for a directive Article 5 – paragraph 5 – subparagraph 1 Amendment 77 #
Proposal for a directive Article 5 – paragraph 5 – subparagraph 1 Amendment 78 #
Proposal for a directive Article 5 – paragraph 5 – subparagraph 1 Amendment 79 #
Proposal for a directive Article 5 – paragraph 5 – subparagraph 1 By way of derogation from paragraph
Amendment 80 #
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,
Amendment 81 #
Proposal for a directive Article 5 – paragraph 5 – subparagraph 2 Amendment 82 #
Proposal for a directive Article 5 – paragraph 5 – subparagraph 2 Amendment 83 #
Proposal for a directive Article 5 – paragraph 5 – subparagraph 2 Amendment 84 #
Proposal for a directive Article 5 – paragraph 5 – subparagraph 2 Amendment 85 #
Proposal for a directive Article 5 – paragraph 7 7. Member States
Amendment 86 #
Proposal for a directive Article 6 – paragraph 2 Amendment 87 #
Proposal for a directive Article 6 – paragraph 3 – point a Amendment 88 #
Proposal for a directive Article 6 – paragraph 3 – point a Amendment 89 #
Proposal for a directive Article 6 – paragraph 3 – point a (a) the employer has repeatedly failed to meet its legal obligations regarding social security, taxation, labour rights or working conditions or where such failure has resulted in harm to their employees;
Amendment 90 #
Proposal for a directive Article 6 – paragraph 3 a (new) 3a. Member States shall reject an application for an EU Blue Card where the employer has failed to meet its legal obligations regarding social security, taxation, labour rights or working conditions.
Amendment 91 #
Proposal for a directive Article 7 – paragraph 2 – subparagraph 1 – point b Amendment 92 #
Proposal for a directive Article 7 – paragraph 2 – subparagraph 1 – point b Amendment 93 #
Proposal for a directive Article 7 – paragraph 2 – subparagraph 1 – point c Amendment 94 #
Proposal for a directive Article 7 a (new) Article 7 a Volumes of admission This Directive shall not affect the right of a Member State to determine the volumes of admission of third-country nationals entering its territory for the purposes of highly qualified employment.
Amendment 95 #
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, that Member State shall enter the remark: "Applicant for International Protection in [name of the Member State] as from [date of lodging application for international protection]".
Amendment 96 #
Proposal for a directive Article 13 – paragraph 2 Amendment 97 #
Proposal for a directive Article 13 – paragraph 2 2. Without prejudice to the criteria for admission set out in Article 5, EU Blue
Amendment 98 #
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. In circumstances where their labour market situation undergoes serious disturbances, Member States may restrict the pursuit of self-employed activity by EU Blue Card holders.
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.
source: 599.545
2017/03/03
LIBE
509 amendments...
Amendment 130 #
Proposal for a directive Title 1 Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the conditions of entry and residence of third-country nationals for the purposes of
Amendment 131 #
Proposal for a directive Recital 1 (1) The Commission’s Communication of 3 March 2010 entitled ‘Europe 2020: A strategy for smart, sustainable and inclusive growth’30 sets the objective of the Union becoming an economy based on knowledge and innovation, reducing the administrative burden on companies and better matching labour supply with demand and identifies the need for a comprehensive labour migration policy, and for better integration of migrants. Measures to facilitate the admission of third-country national highly skilled workers have to be seen in that broader context. _________________ 30 COM(2010) 2020 final COM(2010) 2020 final
Amendment 132 #
Proposal for a directive Recital 1 (1) The Commission’s Communication of 3 March 2010 entitled ‘Europe 2020: A strategy for smart, sustainable and inclusive growth’30 s
Amendment 133 #
Proposal for a directive Recital 1 (1) The Commission’s Communication of 3 March 2010 entitled ‘Europe 2020: A strategy for smart, sustainable and inclusive growth’30 sets the objective of the Union becoming an economy based on knowledge and innovation, reducing the administrative burden on companies and better matching lab
Amendment 134 #
Proposal for a directive Recital 1 a (new) (1a) The working-age population in the Union is projected to decline by 7.5 million by 20201a and projections on the development of labour market needs in the Union point to emerging and future shortages in specific fields. _________________ 1aSee: Joint EU-OECD Policy Brief “Matching Economic Migration with Labour Market Needs in Europe”, September 2014, p. 5.
Amendment 135 #
Proposal for a directive Recital 1 b (new) (1b) The European Parliament, in its resolution of 12 April 2016 on the situation in the Mediterranean and the need for a holistic EU approach to migration, noted that the current fragmented Union legislative framework regulating the access of third-country nationals to employment in the Union, focusing on specific categories of workers rather than on regulating, generally, all migrant workers, can only contribute to meeting short-term, specific needs. In its resolution of 12 April 2016 the European Parliament called on the Union to establish, in the medium and long term, more general rules governing the entry and residence for third-country nationals seeking employment in the Union, including in low and medium-wage sectors.
Amendment 136 #
Proposal for a directive Recital 3 (3) The European Agenda on Migration adopted on 13 May 2015 calls for an attractive EU-wide scheme for highly qualified third-country nationals, and specifies that a review of Council Directive 2009/50/EC31 is needed to make it more effective in attracting talents to the Union and thereby address both the demographic challenges faced by the Union and labour and skills shortages in key sectors of the Union economy, with a view to economic growth and a more competitive EU economy. _________________ 31 Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment (OJ L 155, 18.6.2009, p.17).
Amendment 137 #
Proposal for a directive Recital 4 Amendment 138 #
Proposal for a directive Recital 4 Amendment 139 #
Proposal for a directive Recital 4 a (new) (4a) According to the Communication from the European Commission on the Implementation of Directive 2009/50 in 2014, only 2.1% of the number of beneficiaries of the Blue Card during the first phase of the implementation in 2012 came from Sub-Saharan Africa. This may indicate implicit racial bias applied preventing certain types of workers to access to some more favourable statuses (and therefore enjoying equal treatment with other workers or other family members). The lack of diversity of the Blue Card holders may reflect national policies and practices which can perpetuate forms of direct, indirect or institutional discrimination towards new candidates.
Amendment 140 #
Proposal for a directive Recital 4 a (new) (4a) In order to reinforce and promote the EU Blue Card scheme and attract high skilled workers, the embassies and delegations of the EU and Member States in third countries should strengthen advertisement activities and information campaigns concerning the EU Blue Card. They should dispose of sufficient human and financial resources to provide information about the EU Blue Card to third country nationals on the ground.
Amendment 141 #
Proposal for a directive Recital 5 (5)
Amendment 142 #
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 in the long run. Member States should choose to issue an EU Blue Card
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.
Amendment 144 #
Proposal for a directive Recital 5 (5) A
Amendment 145 #
Proposal for a directive Recital 5 (5) An EU-wide admission system to attract and retain
Amendment 146 #
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
Amendment 147 #
Proposal for a directive Recital 5 (5) An EU-wide admission system to attract
Amendment 148 #
Proposal for a directive Recital 5 a (new) (5a) In that context, consideration should be given to expanding access to the European network of employment services (EURES) so that all the job opportunities in the Member States are also accessible by third countries nationals, since in order to get the “EU Blue Card” permit, those third-country nationals must first have a job offer. Expanding access to EURES would allow third-country nationals to avail themselves of the necessary assistance and support when using the platform.
Amendment 149 #
Proposal for a directive Recital 5 a (new) (5a) Governments and employers should promote early access to labour markets because doing so improves refugees’ long-run employment and economic prospects. At the same time these actors should seek to ensure that such access does not lead to downward social mobility, poor skills match, and low wages (compared with the locals)
Amendment 150 #
Proposal for a directive Recital 5 b (new) (5b) National, regional and local authorities are encouraged to propose guidance for reasonable accommodation and to tackle exclusion of specific vulnerable groups. Calls for dialogue with social partners, including trade unions and employers, who should also aim at defining guidance for reasonable accommodation practices to be put in place for Blue Card holders.
Amendment 151 #
Proposal for a directive Recital 5 b (new) (5b) The Union should consider further EU-wide admission systems to attract and retain workers – who are not categorized as highly skilled – where they would fill in identified labour market needs in the Members States
Amendment 152 #
Proposal for a directive Recital 6 (6) The concept of highly skilled worker should not replace the concept of highly qualified worker
Amendment 153 #
Proposal for a directive Recital 6 (6) The concept of highly skilled worker should replace the concept of highly qualified worker in order to emphasise that both formal educational qualifications and equivalent professional experience should be taken equally into account as criteria for admission. According to a Council Recommendation of 20 December 201232 , the validation of learning outcomes, namely competences (knowledge, skills and attitudes)33 acquired through non-formal and informal learning can play an important role in enhancing employability and mobility. It recommends
Amendment 154 #
Proposal for a directive Recital 6 (6) The concept of highly skilled worker should replace the concept of highly qualified worker in order to emphasise that both formal educational qualifications and equivalent professional experience should be taken equally into account as criteria for admission. In addition, it should be taken into account that highly talented people with specific skills, who are recognised as highly skilled in their respective sector on the basis of testimonies of their teachers, trainers, portfolio or reputation or who have acquired professional recognition, should also be included in the concept of highly skilled worker. According to a Council Recommendation of 20 December 201232 , the validation of learning outcomes, namely competences (knowledge, skills and attitudes)33 acquired through non-formal and informal learning can play an important role in enhancing employability and mobility. It recommends Member States to have in place, no later than 2018, arrangements for the validation of non-formal and informal learning. As mechanisms and arrangements for the evaluation and validation of professional experience are not readily available in all Member States,
Amendment 155 #
Proposal for a directive Recital 6 (6) The concept of highly skilled worker should replace the concept of highly qualified worker in order to emphasise that both formal educational qualifications and equivalent professional experience should be taken equally into account as criteria for admission. In addition, it should be taken into account that highly talented people with specific skills, who are recognised as highly skilled in their respective sector on the basis of testimonies of their teachers, trainers, portfolio or reputation or who have acquired professional recognition, should also be included in the concept of highly skilled worker. According to a Council Recommendation of 20 December 201232 , the validation of learning outcomes, namely competences (knowledge, skills and attitudes)33 acquired through non-formal and informal learning can play an important role in enhancing employability and mobility. It recommends Member States to have in place, no later than 2018, arrangements for the validation of non-formal and informal learning. As mechanisms and arrangements for the evaluation and validation of professional experience are not readily available in all Member States, an additional transposition period of two years after the entry into force of this Directive should be provided for the provisions related to recognising professional experience in order to enable Member States, where necessary, to develop such mechanisms and arrangements. Member States’ National Contact Points on the EU Blue Card should be involved in effective cooperation with stakeholders and networks in the education, training, employment and youth sectors, as well as other relevant policy areas, for the purpose of recognising professional experience under this Directive.
Amendment 156 #
Proposal for a directive Recital 6 (6) The concept of highly skilled worker should
Amendment 157 #
Proposal for a directive Recital 6 (6) The concept of
Amendment 158 #
Proposal for a directive Recital 6 a (new) (6a) The aim should be to create a database of talented persons selected on account of recognition of their qualifications, their experience or the interest they have expressed in a particular sector. The database should be accessible to European businesses.
Amendment 159 #
Proposal for a directive Recital 7 Amendment 160 #
Proposal for a directive Recital 7 (7) This Directive should not affect the right of the Member States to determine the volumes of admission of third-country nationals coming from third countries to their territory in order to seek work in accordance with Article 79(5) of the Treaty.
Amendment 161 #
Proposal for a directive Recital 8 (8) Beneficiaries of international protection
Amendment 162 #
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 Council34 have a wide set of rights including labour market access in the Member State having granted them 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.
Amendment 163 #
Proposal for a directive Recital 8 (8) Beneficiaries of international protection a
Amendment 164 #
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 Council34 and applicants for international protection have a wide set of rights including labour market access in the Member State having granted them protection or responsible for determining their application for international protection. In order to further promote social inclusion of these persons
Amendment 165 #
Proposal for a directive Recital 9 (9) The transfer of responsibility for protection of beneficiaries of international protection is outside the scope of this Directive
Amendment 166 #
Proposal for a directive Recital 9 (9) The transfer of responsibility for protection of beneficiaries of international protection or of applicants for international protection is outside the scope of this Directive: th
Amendment 167 #
Proposal for a directive Recital 9 (9) The transfer of responsibility for
Amendment 168 #
Proposal for a directive Recital 10 (10)
Amendment 169 #
Proposal for a directive Recital 11 (11) This Directive should not apply to categories of third-country nationals to whom a particular scheme under Union law, with specific entry conditions and sets of rights, applies when the inclusion of those categories in this Directive would go against the rationale of the particular scheme, create unnecessary legal complexity or entail a risk of abuses. This Directive should not apply to third-country nationals who apply to reside in a Member State as researchers in order to carry out a research project, as they fall within the scope of Directive (EU) 2016/801 of the European Parliament and of the Council37 which introduces a specific procedure for admitting third-country nationals for the purposes of scientific research. However,
Amendment 170 #
Proposal for a directive Recital 11 (11) This Directive should not apply to categories of third-country nationals to whom a particular scheme under Union law, with specific entry conditions and sets of rights, applies when the inclusion of those categories in this Directive would go against the rationale of the particular
Amendment 171 #
Proposal for a directive Recital 11 (11)
Amendment 172 #
Proposal for a directive Recital 11 (11) This Directive should not apply to categories of third-country nationals to whom a particular scheme under Union law, with specific entry conditions and sets of rights, applies when the inclusion of those categories in this Directive would go against the rationale of the particular scheme, create unnecessary legal complexity or entail a risk of abuses. This Directive should not apply to third-country nationals who apply to reside in a Member State as researchers in order to carry out a research project, as they fall within the scope of Directive (EU) 2016/801 of the European Parliament and of the Council37 which introduces a specific procedure for admitting third-country nationals for the purposes of scientific research. However, once admitted under Directive (EU) 2016/801, legally residing researchers should be entitled to apply for an EU Blue Card under this Directive for other purposes than those covered under Directive (EU) 2016/801 without having to leave the territory of the EU. _________________ 37 Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing (OJ
Amendment 173 #
Proposal for a directive Recital 13 (13) It is necessary to provide for a flexible demand-driven admission system based on objective criteria, such as a work contract or a binding job offer of at least 6 months, compliance with the applicable laws, collective agreements or national practices in the relevant occupational branches, a salary threshold adaptable by the Member States to the situation in its labour market and higher
Amendment 174 #
Proposal for a directive Recital 13 (13) It is necessary to provide for a flexible demand-driven admission system based on objective criteria, such as a work contract or a binding job offer of at least 6 months
Amendment 175 #
Proposal for a directive Recital 13 (13) It is necessary to provide for a flexible
Amendment 176 #
Proposal for a directive Recital 13 (13) It is necessary to provide for a flexible demand-driven admission system based on objective criteria, such as a work contract or a binding job offer of at least 6 months, an optional salary threshold adaptable by the Member States to the situation in its labour market and higher professional and educational qualifications and skills.
Amendment 177 #
Proposal for a directive Recital 13 (13) It is necessary to provide for a flexible demand-driven admission system based on objective criteria, such as a work contract or a binding job offer of at least 6 months, a
Amendment 178 #
Proposal for a directive Recital 13 (13) It is necessary to provide for a
Amendment 179 #
Proposal for a directive Recital 13 (13) It is necessary and right to provide for a flexible demand-driven admission system based on objective criteria, such as a work contract or a binding job offer of at least 6 months
Amendment 180 #
Proposal for a directive Recital 13 (13) It is necessary to provide for a flexible demand-driven admission system based on objective criteria, such as a work contract or a binding job offer of at least
Amendment 181 #
Proposal for a directive Recital 13 (13) It is necessary to provide for a flexible demand-driven admission system based on objective criteria, such as a work contract or a binding job offer of at least
Amendment 182 #
Proposal for a directive Recital 13 (13) It is necessary to provide for
Amendment 183 #
Proposal for a directive Recital 14 (14) This Directive is without prejudice to national procedures on the recognition of diplomas. In order to evaluate if the third-country national concerned possesses higher education or equivalent qualifications, reference should be made either to ISCED (International Standard Classification of Education) 2011 levels 3, 4, 5, 6, 7 and 8, or to the broadly equivalent EQF (European Qualifications Framework) levels 3, 4, 5, 6, 7 and 8, according to the choice of the Member State concerned.
Amendment 184 #
Proposal for a directive Recital 14 (14) This Directive is without prejudice to national procedures on the recognition of diplomas. In order to evaluate if the third-country national concerned possesses higher education or equivalent qualifications, reference
Amendment 185 #
Proposal for a directive Recital 15 Amendment 186 #
Proposal for a directive Recital 15 (15)
Amendment 187 #
Proposal for a directive Recital 15 (15) In order to ensure a sufficient level of harmonisation in the admission conditions
Amendment 188 #
Proposal for a directive Recital 15 (15) In order to ensure a sufficient level of harmonisation in the admission conditions throughout the Union, both minimum and maximum factors for calculating the salary threshold should be determined. Member States should fix their threshold in accordance with the situation and organisation of their respective labour markets and their general immigration policies. Members States should involve the social partners before introducing a salary threshold.
Amendment 189 #
Proposal for a directive Recital 15 (15) In order to ensure a sufficient level of harmonisation in the admission conditions throughout the Union, both minimum and maximum factors for calculating the salary threshold should be determined
Amendment 190 #
Proposal for a directive Recital 15 (15) In order to
Amendment 191 #
Proposal for a directive Recital 15 (15) In order to ensure a sufficient level of harmonisation in the admission conditions throughout the Union,
Amendment 192 #
Proposal for a directive Recital 15 (15) In order to ensure a sufficient level of harmonisation in the admission conditions throughout the Union,
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.
Amendment 194 #
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.
Amendment 195 #
Proposal for a directive Recital 16 Amendment 196 #
Proposal for a directive Recital 16 Amendment 197 #
Proposal for a directive Recital 16 Amendment 198 #
Proposal for a directive Recital 16 Amendment 199 #
Proposal for a directive Recital 16 Amendment 200 #
Proposal for a directive Recital 16 Amendment 201 #
Proposal for a directive Recital 16 (16) A lower salary threshold should be laid down
Amendment 202 #
Proposal for a directive Recital 17 Amendment 203 #
Proposal for a directive Recital 17 Amendment 204 #
Proposal for a directive Recital 17 Amendment 205 #
Proposal for a directive Recital 17 Amendment 206 #
Proposal for a directive Recital 17 Amendment 207 #
Proposal for a directive Recital 17 Amendment 208 #
Proposal for a directive Recital 17 Amendment 209 #
Proposal for a directive Recital 17 (17) A lower salary threshold
Amendment 210 #
Proposal for a directive Recital 19 (19) It should
Amendment 211 #
Proposal for a directive Recital 20 (20) Member States should be entitled to reject applications for an EU Blue Card and be allowed to withdraw or refuse to renew an EU Blue Card if there is a proven threat to public
Amendment 212 #
Proposal for a directive Recital 20 (20) Member States should reject applications for an EU Blue Card and be allowed to withdraw or refuse to renew an EU Blue Card if there is a threat to public policy, public security or public health.
Amendment 213 #
Proposal for a directive Recital 20 (20)
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.
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.
Amendment 216 #
Proposal for a directive Recital 21 Amendment 217 #
Proposal for a directive Recital 21 (21) Member States should be allowed to decide whether to grant, withdraw or refuse to renew an EU Blue Car
Amendment 218 #
Proposal for a directive Recital 21 (21) Member States should be allowed to withdraw or refuse to renew an EU Blue Card where the EU Blue Card holder has
Amendment 219 #
Proposal for a directive Recital 21 (21) Member States should
Amendment 220 #
Proposal for a directive Recital 21 (21) Member States should be allowed to withdraw or refuse to renew an EU Blue Card where the EU Blue Card holder has either failed to comply with the conditions for mobility under this Directive or has
Amendment 221 #
Proposal for a directive Recital 22 Amendment 222 #
Proposal for a directive Recital 22 (22) Any decision to reject an application for an EU Blue Card or to withdraw or refuse to renew an EU Blue Card should take into consideration the specific circumstances of the case and
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.
Amendment 224 #
Proposal for a directive Recital 24 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.
Amendment 226 #
Proposal for a directive Recital 27 (27) Since EU Blue Card holders are highly skilled workers contributing to addressing labour and skills shortages in key sectors, the principle of access to the labour market should be the general rule. However,
Amendment 227 #
Proposal for a directive Recital 27 (27)
Amendment 228 #
Proposal for a directive Recital 27 (27)
Amendment 229 #
Proposal for a directive Recital 27 (27)
Amendment 230 #
Proposal for a directive Recital 27 (27) Since EU Blue Card holders are highly skilled workers contributing to addressing labour and skills shortages in key sectors, the principle of access to the labour market should be the general rule. However, in circumstances where the domestic labour market undergoes serious disturbances such as a high level of unemployment in a given occupation or sector,
Amendment 231 #
Proposal for a directive Recital 27 (27) Since EU Blue Card holders are highly skilled workers contributing to addressing labour and skills shortages in key sectors, the principle of access to the labour market should be the general rule.
Amendment 232 #
Proposal for a directive Recital 28 Amendment 233 #
Proposal for a directive Recital 28 (28) I
Amendment 234 #
Proposal for a directive Recital 28 (28) In c
Amendment 235 #
Proposal for a directive Recital 28 (28) In case Member States decide to
Amendment 236 #
Proposal for a directive Recital 29 (29) In implementing this Directive, Member States should refrain from
Amendment 237 #
Proposal for a directive Recital 30 (30) A simplified procedure for
Amendment 238 #
Proposal for a directive Recital 30 (30) A simplified procedure for employers which have been recognised for that purpose should be provided
Amendment 239 #
Proposal for a directive Recital 34 Amendment 240 #
Proposal for a directive Recital 34 (34)
Amendment 241 #
Proposal for a directive Recital 34 (34)
Amendment 242 #
Proposal for a directive Recital 34 a (new) (34a) The issue of recognition of qualifications - and the practical aspects of this process - will be particularly relevant in the case of a category of persons who are for the first time becoming potential beneficiaries of the scheme: applicants and beneficiaries of international protection. It may be expected that in the case of these persons obtaining proof of qualifications will be especially difficult and complex.
Amendment 243 #
Proposal for a directive Recital 34 b (new) (34b) Many refugees have appropriate skills and qualifications, but they are usually acquired in different labour markets and education systems. Thus, governments and employers need a sharper focus on improving the procedures and methods for recognizing and accrediting refugees’ previous training, skills and professional qualifications. This recognition would substantially improve refugees’ access to the labour markets and ensure that refugees are not underemployed based on their prior qualifications. Member States should consider a broad range of evidence for evaluating and verifying credentials including knowledge and competency-based tests, interviews, sworn statements and other supporting evidence.
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.
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.
Amendment 246 #
Proposal for a directive Recital 35 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
Amendment 248 #
Proposal for a directive Recital 35 (35) The rights acquired by 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.
Amendment 249 #
Proposal for a directive Recital 35 (35) The rights acquired by 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,
Amendment 250 #
Amendment 251 #
Proposal for a directive Recital 36 (36) Favourable conditions for family reunification and unhindered access to work for spouses should be a fundamental element of this Directive in order to facilitate the attraction of highly skilled workers. Specific derogations from Council Directive 2003/86/EC should be provided for in order to reach this aim.
Amendment 252 #
Proposal for a directive Recital 36 a (new) (36a) The integration of family members should be promoted. For that purpose, they should be granted a status independent of that of the sponsor, in particular in cases of breakup of marriages and partnerships, and access to education, employment and vocational training on the same terms as the person with whom they are reunited, under the relevant conditions.
Amendment 253 #
Proposal for a directive Recital 37 Amendment 254 #
Proposal for a directive Recital 37 (37) In order to attract highly skilled workers and encourage their continuous stay in the Union, while enabling mobility within the Union as well as circular migration, derogations from Council Directive 2003/109/EC43 should be provided for in order to give EU Blue Card holders and their family members an easier access to EU long-term resident status. _________________ 43 Council Directive 2003/109/EC of 25 November 2003 on the status of third- country nationals who are long-term
Amendment 255 #
Proposal for a directive Recital 38 Amendment 256 #
Proposal for a directive Recital 38 (38) In order to foster the mobility of highly skilled workers between the Union and their countries of origin
Amendment 257 #
Proposal for a directive Recital 39 Amendment 258 #
Proposal for a directive Recital 39 Amendment 259 #
Proposal for a directive Recital 40 Amendment 260 #
Proposal for a directive Recital 40 (40) Existing legal uncertainty surrounding business trips of highly skilled workers should be addressed by defining this notion and setting a list of activities that in any case should be considered as business activities in all Member States. Second Member States should not be allowed to require from EU Blue Card holders engaging in business activities a work permit or any other authorisation than the EU Blue Card issued by the first
Amendment 261 #
Proposal for a directive Recital 41 (41) EU Blue Card holders should be allowed to move to a second Member State under simplified conditions where they intend to apply for a new EU Blue Card based on an existing work contract or binding job offer. Second Member States should
Amendment 262 #
Proposal for a directive Recital 41 (41) EU Blue Card holders should be allowed to move to a second Member State under simplified conditions where they intend to apply for a new EU Blue Card based on an existing work contract or binding job offer. Second Member States should not be allowed to require from EU Blue Card holders any other authorisation than the EU Blue Card issued by the first Member State. As soon as they submit an application for an EU Blue Card within the deadline provided for in this Directive, they should be allowed to begin employment. In the second Member State the procedure for issuing an EU Blue Card should be simplified compared to the first EU Blue Card; as the mobile EU Blue Card holder has already exercised highly skilled activity in one Member State for a certain period of time, the second Member State should not have the need to control all the same details for a second time. However, mobility should remain demand-driven and therefore a work contract should always be required in the second Member State, all the conditions in applicable laws, collective agreements or practices in the relevant occupational branch should be met, and the salary should meet the threshold set by
Amendment 263 #
Proposal for a directive Recital 41 (41) EU Blue Card holders should be allowed to move to a second Member State under simplified conditions where they intend to apply for a new EU Blue Card based on an existing work contract or binding job offer. Second Member States should not be allowed to require from EU Blue Card holders any other authorisation than the EU Blue Card issued by the first Member State. As soon as they submit an application for an EU Blue Card within the deadline provided for in this Directive, they should be allowed to begin employment. In the second Member State the procedure for issuing an EU Blue Card should be simplified compared to the first EU Blue Card; as the mobile EU Blue Card holder has already exercised highly skilled activity in one Member State for a certain period of time, the second Member State should not have the need to control all the same details for a second time. However, mobility should remain demand-driven and therefore a work contract should always be required in the second Member State
Amendment 264 #
Proposal for a directive Recital 41 (41) EU Blue Card holders and their family members should be allowed to move to a second Member State under simplified conditions where they intend to apply for a new EU Blue Card based on an existing work contract or binding job offer. Second Member States should not be allowed to require from EU Blue Card holders any other authorisation than the EU Blue Card issued by the first Member State. As soon as they submit an application for an EU Blue Card within the deadline provided for in this Directive, they should be allowed to begin employment. In the second Member State the procedure for issuing an EU Blue Card should be simplified compared to the first EU Blue Card; as the mobile EU Blue Card holder has already exercised highly skilled activity in one Member State for a certain period of time, the second Member State should not have the need to control all the same details for a second time. However, mobility should remain demand-driven and therefore a work contract should always be required in the second Member State, and the salary should meet the threshold set by
Amendment 265 #
Proposal for a directive Recital 41 (41) EU Blue Card holders should be allowed to move to a second Member State under
Amendment 266 #
Proposal for a directive Recital 42 Amendment 267 #
Proposal for a directive Recital 42 (42) While some special rules are provided in this Directive regarding entry and stay in a second Member State for the purpose of business activity, as well as moving to a second Member State to
Amendment 268 #
Proposal for a directive Recital 43 Amendment 269 #
Proposal for a directive Recital 43 (43) Where the EU Blue Card is issued by a Member State not applying the Schengen acquis in full and the EU Blue Card holder, in the mobility situations provided for in this Directive, crosses an external border within the meaning of Regulation (EU) 2016/399 of the European Parliament and of the Council44 , a Member State should be entitled to require evidence that the EU Blue Card holder is entering its territory either for the purpose of business activities or in order to
Amendment 270 #
Proposal for a directive Recital 44 (44) Where the EU Blue Card holder moves to a second Member State to apply for an EU Blue Card and he or she is accompanied by family members, that Member State
Amendment 271 #
Proposal for a directive Recital 45 (45)
Amendment 272 #
Proposal for a directive Recital 45 (45) For the purpose of residence of beneficiaries of international protection a
Amendment 273 #
Proposal for a directive Recital 45 (45) For the purpose of residence of
Amendment 274 #
Proposal for a directive Recital 46 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.
Amendment 276 #
Proposal for a directive Recital 48 a (new) (48a) As part of its role in monitoring the implementation of this Directive, the Commission should evaluate the applicability of similar schemes for labour migration to other employment sectors, in particular low and medium-wage sectors, and seriously consider to propose a comprehensive framework for labour migration applicable to all sectors, including for low and medium-skilled workers.
Amendment 277 #
Proposal for a directive Recital 48 a (new) (48a) When transposing this Directive and in order to better respond to the needs of the EU labour market, Members states and the Commission should gather data and list the sectors of employment or geographical areas where there are employment shortages or where vacancies are hard to fill and communicate this information publicly.
Amendment 278 #
Proposal for a directive Recital 48 b (new) (48b) To ensure the proper enforcement of this Directive, and in particular the provisions regarding rights and working conditions, Member States should ensure that appropriate mechanisms are in place for the monitoring of the Directive.
Amendment 279 #
Proposal for a directive Recital 49 (49)
Amendment 280 #
Proposal for a directive Article 1 – paragraph 1 – point a (a) the conditions of entry and residence for more than three months in the territory of the Member States, and the rights, of third-country nationals for the purpose of highly
Amendment 281 #
Proposal for a directive Article 1 – paragraph 1 – point a (a) the conditions of entry and residence for more than three months in the territory of the Member States, and the rights, of third-country nationals for the purpose of
Amendment 282 #
Proposal for a directive Article 2 – paragraph 1 – point b – introductory part (b) “highly skilled employment” means the employment
Amendment 283 #
Proposal for a directive Article 2 – paragraph 1 – point b – introductory part (b) “
Amendment 284 #
Proposal for a directive Article 2 – paragraph 1 – point b – indent 3 - has the required
Amendment 285 #
Proposal for a directive Article 2 – paragraph 1 – point b – indent 3 - has the required competence, as proven by
Amendment 286 #
Proposal for a directive Article 2 – paragraph 1 – point c (c) “EU Blue Card” means the residence permit bearing the term “EU Blue Card” entitling its holder and his or her family members to reside and work in the territory of a Member State under the terms of this Directive;
Amendment 287 #
Proposal for a directive Article 2 – paragraph 1 – point g Amendment 288 #
Proposal for a directive Article 2 – paragraph 1 – point g (g) “higher professional qualifications” means qualifications attested by evidence of higher education qualifications or, where provided for by national law, higher professional skills;
Amendment 289 #
Proposal for a directive Article 2 – paragraph 1 – point g (g) “
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,
Amendment 291 #
Proposal for a directive Article 2 – paragraph 1 – point h (h) “
Amendment 292 #
Proposal for a directive Article 2 – paragraph 1 – point η (h)
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
Amendment 294 #
Proposal for a directive Article 2 – paragraph 1 – point i (i) “higher professional skills” means knowledge, skills attested where provided for by national law or national procedures 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;
Amendment 295 #
Proposal for a directive Article 2 – paragraph 1 – point i (i) “
Amendment 296 #
Proposal for a directive Article 2 – paragraph 1 – point i (i) “higher professional skills” means skills attested by at least
Amendment 297 #
Proposal for a directive Article 2 – paragraph 1 – point ι (j) “professional experience” means the actual and lawful pursuit of the profession concerned, as evidenced by supporting documentation;
Amendment 298 #
Proposal for a directive Article 2 – paragraph 1 – point j (j) “professional experience” means the actual and
Amendment 299 #
Proposal for a directive Article 2 – paragraph 1 – point l (l) “business activity” means a temporary activity related to the business interests of the employer, such as but not limited to: attending internal and external business meetings, attending
Amendment 300 #
Proposal for a directive Article 2 – paragraph 1 – point l (l) “business activity” means a temporary activity related to the business interests of the employer, such as attending internal and external business meetings, attending conferences and seminars, negotiating business deals, undertaking sales or marketing activities
Amendment 301 #
Proposal for a directive Article 2 – paragraph 1 – point l (l) “business activity” means a temporary activity related to the business interests of the employer, such as, but not limited to, attending internal and external business meetings, attending conferences and seminars, negotiating business deals, undertaking sales or marketing activities, performing internal or client audits, exploring business opportunities, or attending and receiving training;
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
Amendment 303 #
Proposal for a directive Article 2 – paragraph 1 – point m a (new) (ma) ‘threat to public health’ means any disease with epidemic potential as defined by the International Health Regulations of the World Health Organization and other infectious diseases or contagious parasitic diseases if they are the subject of protection provisions applying to nationals of the Member States. Applicants should be informed of the reasons of the refusal, which shall not be based on suspicions. Applicants shall have access to effective judicial remedies.
Amendment 304 #
Proposal for a directive Article 2 – paragraph 1 – point m a (new) (ma) ‘threat to public health’ means any disease with epidemic potential as defined by the International Health Regulations of the World Health Organization and other infectious diseases or contagious parasitic diseases if they are the subject of protection provisions applying to nationals of the Member States.
Amendment 305 #
Proposal for a directive Article 2 – paragraph 1 – point m b (new) (mb) an individual can only have his/her application refused on the basis of ‘threat to public policy and/or security’ based on documented evidence that the applicant represents or is directly connected to networks undermining Member States’ national security. The decision should be legitimate and the refusal proportionate to the purported goal. Applicants should be informed of the reasons of the refusal, which shall not be based on suspicions. Applicants shall have access to effective judicial remedies.
Amendment 306 #
Proposal for a directive Article 2 – paragraph 1 – point m c (new) (mc) “specific artistic or sporting talent” means a talent attested by testimonies of teachers or trainers and portfolio which is relevant in the profession or sector specified in the work contract or binding job offer;
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
Amendment 308 #
Proposal for a directive Article 3 – paragraph 1 1. This Directive shall apply to third- country nationals who apply to be admitted or who have been admitted to the territory of a Member State for the purpose of highly skilled employment. This Directive shall also apply to third-country nationals who already hold a residence permit in a Member State on the basis of Directive (EU) 2016/801, subject to the proviso that those third-country nationals must comply with the requirements laid down in this Directive.
Amendment 309 #
Proposal for a directive Article 3 – paragraph 1 1. This Directive shall apply to third- country nationals who apply to be admitted or who have been admitted to the territory of a Member State for the purpose of highly
Amendment 310 #
Proposal for a directive Article 3 – paragraph 1 1. This Directive shall apply to third- country nationals who apply to be admitted or who have been admitted to the territory
Amendment 311 #
Proposal for a directive Article 3 – paragraph 1 a (new) 1a. This Directive shall equally apply to third-country nationals who apply for and are granted an EU Blue Card in the following circumstances: (a) third country-nationals who have applied for 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; (b) third country-nationals who have applied for 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; (c) third country-nationals whose application for international protection or protection under national law has been rejected, who have been employed while their application was pending and have applied for an EU Blue Card within three months after the notification of a rejection of their application for international protection or protection under national law; (d) “non-returnable migrants”: migrants in a return procedure whose presence in the territory is known to the immigration authorities, who cannot be returned for varying reasons beyond their control, which may be related to legal or humanitarian considerations, practical obstacles or policy choices; (e) third country-nationals who are residing in a Member State as researchers, students, school pupils, trainees, volunteers or au pairs within the meaning of Directive (EU) 2016/801; (f) third country-nationals who enjoy EU 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; (g) third country-nationals who are residing in the territory of a Member State as seasonal workers pursuant to Directive 2014/36/EU of the European Parliament and of the Council;
Amendment 312 #
Proposal for a directive Article 3 – paragraph 1 a (new) 1a. This Directive shall equally apply to third country-nationals whose application for international protection or protection under national law have been rejected, who have been employed while their application was pending and have applied for an EU Blue Card within three months after the notification of a rejection of their application for international protection or protection under national law;
Amendment 313 #
Proposal for a directive Article 3 – paragraph 2 – point a Amendment 314 #
Proposal for a directive Article 3 – paragraph 2 – point a Amendment 315 #
Proposal for a directive Article 3 – paragraph 2 – point a a (new) (aa) The beneficiaries of international protection in accordance with Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted or persons who have sought international protection under this Directive but have not yet received a decision;
Amendment 316 #
Proposal for a directive Article 3 – paragraph 2 – point a a (new) (aa) who have been awarded refugee status or subsidiary protection;
Amendment 317 #
Proposal for a directive Article 3 – paragraph 2 – point b Amendment 318 #
Proposal for a directive Article 3 – paragraph 2 – point b Amendment 319 #
Proposal for a directive Article 3 – paragraph 2 – point c Amendment 320 #
Proposal for a directive Article 3 – paragraph 2 – point d Amendment 321 #
Proposal for a directive Article 3 – paragraph 2 – point f Amendment 322 #
Proposal for a directive Article 3 – paragraph 2 – point f Amendment 323 #
Proposal for a directive Article 3 – paragraph 2 – point g Amendment 324 #
Proposal for a directive Article 3 – paragraph 2 – point g Amendment 325 #
Proposal for a directive Article 3 – paragraph 4 Amendment 326 #
Proposal for a directive Article 3 – paragraph 4 Amendment 327 #
Proposal for a directive Article 3 – paragraph 4 4. Member States shall
Amendment 328 #
Proposal for a directive Article 3 – paragraph 4 4.
Amendment 329 #
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.
Amendment 330 #
4. Member States shall
Amendment 331 #
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
Amendment 332 #
Proposal for a directive Article 3 – paragraph 4 4. Member States shall
Amendment 333 #
Proposal for a directive Article 3 – paragraph 4 4. Member States
Amendment 334 #
Proposal for a directive Article 3 – paragraph 4 a (new) 4a. When transposing this Directive the Member States shall, where appropriate in consultation with the social partners, list those sectors of employment which face shortages of highly skilled workers. The Member States may modify that list, where appropriate in consultation with the social partners. The Member States shall inform the Commission of such modifications.
Amendment 335 #
Proposal for a directive Article 3 a (new) Article 3 a Progressive abolition of national schemes for skilled employment 1. Member States shall abolish national schemes dedicated to skilled employment 5 years after the entry into force of the directive and shall take all the necessary measures to ensure a smooth transition from national schemes to the EU blue- card scheme 2. During the transition period, Member States shall give preference to the EU blue card over national permits to applicants falling within the scope of this directive and when not possible automatically deliver a EU blue card to all the candidates who qualify for the national scheme.
Amendment 336 #
Proposal for a directive Article 4 – paragraph 1 – point b (b) bilateral or multilateral agreements
Amendment 337 #
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
Amendment 338 #
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 this Directive and in particular in respect of Articles 10, 14, 15, 16 and 17(5).
Amendment 339 #
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
Amendment 340 #
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
Amendment 341 #
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
Amendment 342 #
Proposal for a directive Article 5 – paragraph 1 – point a (a) present a valid work contract or, as provided for in national law,
Amendment 343 #
Proposal for a directive Article 5 – paragraph 1 – point c Amendment 344 #
Proposal for a directive Article 5 – paragraph 1 – point c (c) for unregulated professions, present written evidence attesting higher
Amendment 345 #
Proposal for a directive Article 5 – paragraph 1 – point c (c) for unregulated professions, present evidence attesting higher professional qualifications in relation to the work to be carried out;
Amendment 346 #
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.
Amendment 347 #
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 or a confirmation that an application for international protection or for protection under national law is pending or when a deportation cannot be enforced;
Amendment 348 #
Proposal for a directive Article 5 – paragraph 1 – point e (e) present evidence of having or, if provided for by national law, having applied for a basic sickness insurance for
Amendment 349 #
Proposal for a directive Article 5 – paragraph 2 Amendment 350 #
Proposal for a directive Article 5 – paragraph 2 Amendment 351 #
Proposal for a directive Article 5 – paragraph 2 Amendment 352 #
Proposal for a directive Article 5 – paragraph 2 Amendment 353 #
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
Amendment 354 #
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
Amendment 355 #
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 average gross annual salary in the Member State concerned. Member States shall involve the social partners before introducing a salary threshold.
Amendment 356 #
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
Amendment 357 #
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
Amendment 358 #
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
Amendment 359 #
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
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
Amendment 361 #
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.
Amendment 362 #
Proposal for a directive Article 5 – paragraph 4 Amendment 363 #
Proposal for a directive Article 5 – paragraph 4 Amendment 364 #
Proposal for a directive Article 5 – paragraph 4 Amendment 365 #
Proposal for a directive Article 5 – paragraph 4 Amendment 366 #
Proposal for a directive Article 5 – paragraph 4 Amendment 367 #
Proposal for a directive Article 5 – paragraph 4 Amendment 368 #
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,
Amendment 369 #
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,
Amendment 370 #
Proposal for a directive Article 5 – paragraph 5 Amendment 371 #
Proposal for a directive Article 5 – paragraph 5 – subparagraph 1 Amendment 372 #
Proposal for a directive Article 5 – paragraph 5 – subparagraph 1 Amendment 373 #
Proposal for a directive Article 5 – paragraph 5 – subparagraph 1 Amendment 374 #
Proposal for a directive Article 5 – paragraph 5 – subparagraph 1 Amendment 375 #
Proposal for a directive Article 5 – paragraph 5 – subparagraph 1 Amendment 376 #
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,
Amendment 377 #
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,
Amendment 378 #
Proposal for a directive Article 5 – paragraph 5 – subparagraph 2 Amendment 379 #
Proposal for a directive Article 5 – paragraph 5 – subparagraph 2 Amendment 380 #
Proposal for a directive Article 5 – paragraph 6 6. Member States shall facilitate the validation and recognition of documents attesting the relevant higher
Amendment 381 #
Proposal for a directive Article 5 – paragraph 6 6. Member States shall facilitate the timely validation and recognition of documents attesting the relevant higher professional qualifications pursuant to point (c) of paragraph 1.
Amendment 382 #
Proposal for a directive Article 5 – paragraph 6 6. Member States
Amendment 383 #
Proposal for a directive Article 5 – paragraph 6 a (new) 6a. Member States shall develop mechanisms and arrangements for the evaluation of higher professional skills, as defined in Article 2(i) and the validation of professional experience, as defined in Article 2(j). When developing such mechanisms and arrangements, Member States shall consult with the social partners.
Amendment 384 #
Proposal for a directive Article 5 – paragraph 7 Amendment 385 #
Proposal for a directive Article 5 – paragraph 7 7. Member States shall reject applications of third-country nationals who are
Amendment 386 #
Proposal for a directive Article 5 – paragraph 8 – subparagraph 1 Amendment 387 #
Proposal for a directive Article 5 – paragraph 8 – subparagraph 2 Where the national law of a Member State requires an address to be provided at the time of application and the third-country national concerned does not yet know his or her future address, Member States shall accept a temporary address. In such a case, the third-country national shall provide his or her permanent address at the latest
Amendment 388 #
Proposal for a directive Article 6 – paragraph 1 – introductory part 1. Member States
Amendment 389 #
Proposal for a directive Article 6 – paragraph 1 – point b (b) where the
Amendment 390 #
Proposal for a directive Article 6 – paragraph 1 – point b (b) where the documents presented, with the knowledge of the owner, have been fraudulently acquired, or falsified or tampered with.
Amendment 391 #
where the applicant poses a threat to public security or health.
Amendment 392 #
Proposal for a directive Article 6 – paragraph 2 – subparagraph 1 Amendment 393 #
Proposal for a directive Article 6 – paragraph 2 – subparagraph 1 Amendment 394 #
Proposal for a directive Article 6 – paragraph 2 – subparagraph 1 Amendment 395 #
Proposal for a directive Article 6 – paragraph 2 – subparagraph 1 Amendment 396 #
Proposal for a directive Article 6 – paragraph 2 – subparagraph 1 Amendment 397 #
Proposal for a directive Article 6 – paragraph 2 – subparagraph 1 In
Amendment 398 #
Proposal for a directive Article 6 – paragraph 2 – subparagraph 1 In circumstances where their labour market situation undergoes serious disturbances such as a high level of unemployment in a given occupation or sector,
Amendment 399 #
Proposal for a directive Article 6 – paragraph 2 – subparagraph 1 In circumstances where their labour market
Amendment 400 #
Proposal for a directive Article 6 – paragraph 2 – subparagraph 2 Amendment 401 #
Proposal for a directive Article 6 – paragraph 2 – subparagraph 2 Amendment 402 #
Proposal for a directive Article 6 – paragraph 2 – subparagraph 2 Amendment 403 #
Proposal for a directive Article 6 – paragraph 2 – subparagraph 2 Amendment 404 #
Proposal for a directive Article 6 – paragraph 2 – subparagraph 2 The Member State concerned shall
Amendment 405 #
Proposal for a directive Article 6 – paragraph 2 – subparagraph 2 Amendment 406 #
Proposal for a directive Article 6 – paragraph 2 a (new) 2a. A Member State may check whether the job vacancy could not be filled by a national of that country or another EU citizen or by third country nationals lawfully residing in that Member State and already part of the EU’s labour market.
Amendment 407 #
Proposal for a directive Article 6 – paragraph 3 – introductory part 3. Member States
Amendment 408 #
Proposal for a directive Article 6 – paragraph 3 – point a Amendment 409 #
Proposal for a directive Article 6 – paragraph 3 – point a (a) the employer has, in a serious manner, failed to meet its legal obligations regarding social security, taxation, labour rights or working conditions for a period of two years prior to the submission of the application;
Amendment 410 #
Proposal for a directive Article 6 – paragraph 3 – point b Amendment 411 #
Proposal for a directive Article 6 – paragraph 3 – point c Amendment 412 #
Proposal for a directive Article 6 – paragraph 3 – point c (c) the employer has been sanctioned, in the 12 months before the application was made, for employment of illegally staying third-
Amendment 413 #
Proposal for a directive Article 6 – paragraph 3 – subparagraph 1 (new) Art 6 paragraph 3 (new) In circumstances where their labour market situation undergoes serious disturbances such as a high level of unemployment in a given occupation or sector, which may be limited to a particular part of their territory and where the Member State in question has checked 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 highly skilled employment in accordance with Chapter III of Directive 2003/109/EC. Member States shall involve social partners in the assessment of the circumstances related to the domestic labour market. The Member State concerned shall notify the Commission, at the latest one month in advance, of its intention to introduce such check in a given occupation or sector, which may be limited to a particular part of their territory, for third- country nationals coming from third countries for the next six months, and shall supply the Commission with all relevant reasons justifying this decision. For each extension of 6 months the Member State concerned shall send a new justified notification.
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
Amendment 415 #
Proposal for a directive Article 6 – paragraph 3 a (new) 3a. In circumstances where there is an acute level of unemployment in a given occupation or sector which may be limited to a particular part of their territory and before taking the decision on an application for an EU Blue Card, Member States may verify whether the concerned vacancy could not be filled in the short term 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 highly skilled employment in accordance with Chapter III of Directive 2003/109/EC. Every decision for refusal has to be taken on a case by case basis and motivated by the labour market situation in the relevant sector or occupation. In the absence of a negative decision, the authorisation is to be presumed granted. Member States shall ensure that such mechanisms a) Have a time limit of no more than four weeks b) Provide the employer concerned with a reasonable opportunity to present information about the difficulties in fulfilling the vacancy, taking into account inter alia the specific skills and competence requirements relating to the job, the labour market and any specific measures taken to fulfil it by the employer concerned or in comparable situations
Amendment 416 #
Proposal for a directive Article 6 – paragraph 3 a (new) 3a. Access to due financial compensation and redress shall be granted to the applicant whose application has been refused pursuant to points (a), (b) or (c) of paragraph 3. This should not, in any case, prevent the applicant from submitting a fresh application and being granted an EU Blue Card.
Amendment 417 #
Proposal for a directive Article 6 – paragraph 4 4. Member States may only reject an application for an EU Blue Card in order to ensure ethical recruitment in key sectors essential for sustainable development suffering from a lack of qualified workers in the countries of origin.
Amendment 418 #
Proposal for a directive Article 6 – paragraph 5 5.
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.
Amendment 420 #
Proposal for a directive Article 7 – title Withdrawal
Amendment 421 #
Proposal for a directive Article 7 – paragraph 1 – introductory part 1. Member States shall withdraw
Amendment 422 #
Proposal for a directive Article 7 – paragraph 1 – point a (a) the EU Blue Card or the documents presented, with the knowledge of the owner, have been fraudulently acquired, or have been falsified or tampered with;
Amendment 423 #
Proposal for a directive Article 7 – paragraph 1 – point a (a) the
Amendment 424 #
Proposal for a directive Article 7 – paragraph 1 – point α a (new) (aa) the third-country national is considered to pose a threat to public policy, public security or public health, a threat which can be objectively established;
Amendment 425 #
Proposal for a directive Article 7 – paragraph 1 – point b Amendment 426 #
Proposal for a directive Article 7 – paragraph 1 – point b (b) the third-country national no longer holds a valid work contract for
Amendment 427 #
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
Amendment 428 #
Proposal for a directive Article 7 – paragraph 1 – point b a (new) (ba) A decision to withdraw a 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 the Blue Card is withdrawn, 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 429 #
Proposal for a directive Article 7 – paragraph 1 – subparagraph 1 (new) for public security and health reasons.
Amendment 430 #
Proposal for a directive Article 7 – paragraph 2 – subparagraph 1 – introductory part Member States may withdraw
Amendment 431 #
Proposal for a directive Article 7 – paragraph 2 – subparagraph 1 – point a Amendment 432 #
Proposal for a directive Article 7 – paragraph 2 – subparagraph 1 – point a (a) for reasons of public policy, and public security
Amendment 433 #
Proposal for a directive Article 7 – paragraph 2 – subparagraph 1 – point a (a) for duly justified reasons of public
Amendment 434 #
Proposal for a directive Article 7 – paragraph 2 – subparagraph 1 – point b Amendment 435 #
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 and has failed to rectify the situation within a reasonable time;
Amendment 436 #
Proposal for a directive Article 7 – paragraph 2 – subparagraph 1 – point b a (new) (ba) where appropriate, where the third Country national has failed to meet its obligations regarding social security, taxation or labour law;
Amendment 437 #
Proposal for a directive Article 7 – paragraph 2 – subparagraph 1 – point d Amendment 438 #
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) without justification pursuant to paragraph 3;
Amendment 439 #
Proposal for a directive Article 7 – paragraph 2 – subparagraph 1 – point e 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;
Amendment 441 #
Proposal for a directive Article 7 – paragraph 2 – subparagraph 1 – point f Amendment 442 #
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
Amendment 443 #
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
Amendment 444 #
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 intentionally or repetitively
Amendment 445 #
Proposal for a directive Article 7 – paragraph 2 – subparagraph 1 – point f a (new) (fa) where the third-country national has been unemployed for a period exceeding nine consecutive months, except where such unemployment is the result of illness or disability; or
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.;
Amendment 447 #
Proposal for a directive Article 7 – paragraph 2 – subparagraph 1 a (new) where the third-country national’s real purpose of residing differs from those for which he or she applied to be admitted.
Amendment 448 #
Proposal for a directive Article 7 – paragraph 2 – subparagraph 2 Amendment 449 #
Proposal for a directive Article 7 – paragraph 2 a (new) 2a. Access to due compensation and redress shall be granted to the EU Blue Card holder whose permit has been withdrawn or not renewed pursuant to points (b) or (c) of paragraph 2. In the case of withdrawal of an EU Blue Card pursuant to points (b) or (c) of paragraph 2, Member States shall grant the EU Blue Card holder a temporary residence permit for a period of at least six months, during which the EU Blue Card holder shall be allowed to seek and take up employment in accordance with the conditions set out in Article 13.
Amendment 450 #
Proposal for a directive Article 7 – paragraph 2 a (new) 2a. The EU Blue Card can only be withdrawn after the Blue Card holder is duly notified by the responsible authorities. Notification must occur at least 60 days before the day of withdrawal.
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.
Amendment 452 #
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 Card shall
Amendment 453 #
Proposal for a directive Article 7 – paragraph 4 4. Without prejudice to paragraph 1, any decision to withdraw
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;
Amendment 455 #
Proposal for a directive Article 7 – paragraph 4 a (new) 4a. The withdrawal of an EU Blue Card shall take effect 60 days after the holder has been duly notified by the responsible authorities of a decision to withdraw a Blue Card.
Amendment 456 #
Proposal for a directive Article 7 a (new) Amendment 457 #
Proposal for a directive Article 7 a (new) Amendment 458 #
Proposal for a directive Article 8 – paragraph 1 – subparagraph 1 Where a third-country national fulfils the criteria set out in Article 5 and where no ground for rejection pursuant to Article 6 applies, he or she shall be issued with an EU Blue Card unless the volumes of admission provided for in Article 7a are thereby exceeded.
Amendment 459 #
Proposal for a directive Article 8 – paragraph 1 – subparagraph 2 Where a Member State only issues residence permits on its territory and the third-country national
Amendment 460 #
Proposal for a directive Article 8 – paragraph 2 2. Member States shall set a standard period of validity for the EU Blue Card, which shall be
Amendment 461 #
Proposal for a directive Article 8 – paragraph 2 2. Member States shall set a standard period of validity for the EU Blue Card, which shall be at least
Amendment 462 #
Proposal for a directive Article 8 – paragraph 2 2. Member States shall set a standard period of validity for the EU Blue Card, which shall be at least
Amendment 463 #
Proposal for a directive Article 8 – paragraph 4 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.
Amendment 465 #
Proposal for a directive Article 8 – paragraph 5 – subparagraph 1 Amendment 466 #
Proposal for a directive Article 8 – paragraph 5 – subparagraph 1 a (new) Where an EU Blue Card is issued by a Member State to a third-country national who is an applicant for international protection in another Member State, the Member State issuing the EU Blue Card shall enter the remark “Applicant for International protection in [name of the Member State] as from [date of lodging of application for international protection]” in the EU Blue Card. Before the Member State enters that remark, it shall notify the Member State to be mentioned in that remark of the issuance of the EU Blue Card and request that Member State to provide information as to whether the EU Blue Card holder is still maintaining his/her application for international protection and/or whether that person has become a beneficiary of international protection. The Member State mentioned in the remark shall reply no later than one month after receiving the request for information. Where the application for international protection has been withdrawn, the Member State issuing the EU Blue Card shall not enter that remark.
Amendment 467 #
Proposal for a directive Article 8 – paragraph 5 – subparagraph 2 Amendment 468 #
Proposal for a directive Article 8 – paragraph 5 – subparagraph 3 Amendment 469 #
Proposal for a directive Article 8 – paragraph 6 – point b Amendment 470 #
Proposal for a directive Article 9 – paragraph 1 1. Member States shall
Amendment 471 #
Proposal for a directive Article 9 – paragraph 1 1. Member States shall determine whether applications for an EU Blue Card are to be made by the third-country national or by the employer. Member States may also allow an application from either of the two. An application made by the employer shall not restrict the Blue Card holder’s rights during the application procedure, the period of employment or the Blue Card renewal procedure.
Amendment 472 #
Proposal for a directive Article 9 – paragraph 1 1. Member States shall
Amendment 473 #
Proposal for a directive Article 9 – paragraph 1 a (new) 1a. In order to put in place a modernisation and simplification of EU Blue Card application procedure, Member States should enable online applications for EU Blue Card applicants.
Amendment 474 #
Proposal for a directive Article 9 – paragraph 2 2. The application shall be considered and examined either when the third- country national concerned is residing outside the territory of the Member State to which he or she wishes to be admitted, or when he or she is already
Amendment 475 #
Proposal for a directive Article 9 – paragraph 2 2. The application shall be considered and examined
Amendment 476 #
Proposal for a directive Article 9 – paragraph 2 a (new) 2a. Member States shall grant third- country nationals the possibility to submit their application remotely, by post or electronically.
Amendment 477 #
Proposal for a directive Article 10 – paragraph 1 – subparagraph 1 The competent authorities of the Member States shall adopt a decision on the application for an EU Blue Card and notify the applicant in writing, in accordance with the notification procedures laid down in the national law of the Member State concerned. The notification shall be made at the latest within
Amendment 478 #
Proposal for a directive Article 10 – paragraph 1 – subparagraph 1 The competent authorities of the Member States shall adopt a decision on the application for an EU Blue Card and notify the applicant in writing, in accordance with the notification procedures laid down in the national law of the Member State concerned. The notification shall be made a
Amendment 479 #
Proposal for a directive Article 10 – paragraph 1 – subparagraph 1 The competent authorities of the Member States shall adopt a decision on the application for an EU Blue Card and notify the applicant in writing, in accordance with the notification procedures laid down in the national law of the Member State concerned. The notification shall be made at the latest within
Amendment 480 #
Proposal for a directive Article 10 – paragraph 1 – subparagraph 2 Where the employer has been recognised in accordance with Article 12, the notification shall be made at the latest within 30 days of the date of submission of the application and within 2 weeks of the date of submission of an application for renewal.
Amendment 481 #
Proposal for a directive Article 10 – paragraph 1 – subparagraph 2 Where the employer has been recognised in accordance with Article 12, the notification shall be made a
Amendment 482 #
3.
Amendment 483 #
Proposal for a directive Article 10 – paragraph 4 4. Any decision rejecting an application for an EU Blue Card, or a decision not to renew or to withdraw an EU Blue Card shall be duly notified in writing and in a language that the applicant understands or is reasonably meant to understand, to the third-country national concerned and, where relevant, to his employer in accordance with the notification procedures set out in the relevant national law. The notification shall specify the reasons for the decision and the competent authority with which an appeal may be submitted as well as the time limit for submitting the appeal. Member States shall provide an effective judicial remedy, in accordance with national law. Previous grounds for refusal shall not affect the possibility for the applicant to submit a new application for an EU Blue Card or an application for renewal in case of faults on the side of the employer pursuant to Article 6.3(a) or where lawful mistakes in the application have been rectified.
Amendment 484 #
Proposal for a directive Article 10 – paragraph 5 5. An applicant shall be allowed to submit an application for renewal before the expiry of the EU Blue Card. Member States may set a maximum deadline of
Amendment 485 #
Proposal for a directive Article 10 – paragraph 6 6. Where the validity of the EU Blue Card permit expires during the procedure for renewal, Member States shall allow the third-country national to stay on their territory under the same conditions laid down in this Directive until the competent authorities have taken a decision on the application, without prejudice to the right of the EU Blue Card holder to pursue his or her employment during this period.
Amendment 486 #
Proposal for a directive Article 10 – paragraph 6 6.
Amendment 487 #
Member States may require the payment of fees for the handling of applications in accordance with this Directive. The level of fees required by Member States for the processing of applications shall not be disproportionate or excessive and overall not higher than the level of fees required for other residence permit applications in the Member State.
Amendment 488 #
Proposal for a directive Article 11 – paragraph 1 The level of fees required by Member States for the processing of applications shall not be disproportionate or excessive and overall not higher than the level of fees required for other residence permit applications in the Member State.
Amendment 489 #
The level of fees required by Member States for the processing of applications shall not be disproportionate or excessive and overall not higher than the level of fees required for other residence permit applications in the Member State.
Amendment 490 #
Proposal for a directive Article 11 – paragraph 1 The level of fees required by Member States for the processing of applications shall not be disproportionate or excessive and overall not higher than the level of fees required for other residence permit applications in the Member State.
Amendment 491 #
Proposal for a directive Article 11 – paragraph 1 The level of fees required by Member States for the processing of applications shall not be disproportionate or excessive or higher than the level of fees required by the Member State for other working permit applications.
Amendment 492 #
Proposal for a directive Article 11 – paragraph 1 The level of fees required by Member States for the processing of applications in accordance with this Directive shall not be disproportionate or excessive in a way that would hinder the fulfilment of its objectives.
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
Amendment 494 #
Member States
Amendment 495 #
Proposal for a directive Article 12 – paragraph 1 – subparagraph 1 Member States
Amendment 496 #
Proposal for a directive Article 12 – paragraph 1 – subparagraph 1 Member States
Amendment 497 #
Proposal for a directive Article 12 – paragraph 1 – subparagraph 2 Amendment 498 #
The recognition procedures shall not entail disproportionate or excessive administrative burden or costs for the employers, in particular for small and medium-sized undertakings (SMU).
Amendment 499 #
Proposal for a directive Article 12 – paragraph 1 – subparagraph 3 The recognition procedures shall not entail disproportionate or excessive administrative burden or costs for the employers, in particular for SMEs.
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 i
Amendment 501 #
Proposal for a directive Article 12 – paragraph 2 – subparagraph 2 The simplified procedures shall include processing of applications as provided for in the second subparagraph of Article 10(1). Applicants
Amendment 502 #
Proposal for a directive Article 12 – paragraph 2 – subparagraph 2 The simplified procedures shall include processing of applications as provided for in the second subparagraph of Article 10(1). Applicants
Amendment 503 #
Proposal for a directive Article 12 – paragraph 3 – subparagraph 1 Member States shall
Amendment 504 #
Proposal for a directive Article 12 – paragraph 3 – subparagraph 1 Member States shall provide for measures to prevent possible abuses 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. Those measures may include monitoring, assessment at regular intervals and, where appropriate, inspection in accordance with national law or administrative practice.
Amendment 505 #
Proposal for a directive Article 12 – paragraph 3 – subparagraph 1 Member States shall provide for measures to prevent possible abuses 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. Those measures may include monitoring, assessment at regular intervals and, where appropriate, inspection in accordance with national law or administrative practice.
Amendment 506 #
Proposal for a directive Article 12 – paragraph 3 – subparagraph 2 Member States may, among other measures, refuse to renew or decide to withdraw the status of recognised employer where the employer has not respected its obligations under this Directive or in cases where the recognition has been fraudulently acquired. If the recognised employer starts respecting again its obligations under this Directive it should be allowed to apply again for the status of “recognized employer”
Amendment 507 #
Proposal for a directive Article 13 – paragraph 1 – subparagraph 1 EU Blue Card holders - when fulfilling the criteria for admission in Article 5 - shall have full access to highly skilled employment in the Member State concerned. Member States may require that a change of employer and changes affecting the fulfilment of the criteria for admission as set out in Article 5 are communicated in accordance with procedures laid down by national law.
Amendment 508 #
Proposal for a directive Article 13 – paragraph 1 – subparagraph 1 EU Blue Card holders shall have
Amendment 509 #
Proposal for a directive Article 13 – paragraph 1 – subparagraph 1 EU Blue Card holders shall have
Amendment 510 #
Proposal for a directive Article 13 – paragraph 1 – subparagraph 1 – point a (new) (a) subject to prior authorisation in writing of the competent authorities in the Member State concerned in accordance with procedure laid down by national law to be granted or denied within 60 days of the date of the request made by the applicant.
Amendment 511 #
Proposal for a directive Article 13 – paragraph 1 – subparagraph 1 – point b (new) (b) communicated by the applicant in accordance with procedures laid down by national law.
Amendment 512 #
Proposal for a directive Article 13 – paragraph 1 – subparagraph 1 a (new) 1a. In case of a change of employer of the Blue Card holder in the first 2 years of employment in a Member State, the concerned Member State may require that this change of employer be subject to the check set out in Article 6(2a).
Amendment 513 #
Proposal for a directive Article 13 – paragraph 1 – subparagraph 1 a (new) During the first two years of legal employment in the Member State concerned as an EU Blue Card holder, Member State may require that a change of employer and changes which may affect the criteria for admission set out in Article 5 are:
Amendment 514 #
Proposal for a directive Article 13 – paragraph 1 – subparagraph 2 After these first two years, the Member State may only require such changes to be communicated in accordance with the procedures laid down by national law. The communication procedure shall not suspend the right of the EU Blue Card holder to pursue the employment.
Amendment 515 #
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.
Amendment 516 #
Proposal for a directive Article 14 – paragraph 1 1. Unemployment in itself shall
Amendment 517 #
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
Amendment 518 #
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
Amendment 519 #
Proposal for a directive Article 14 – paragraph 1 a (new) 1a. Temporary inability to work as the result of an illness or accident shall not constitute a reason for withdrawing an EU Blue Card.
Amendment 520 #
Proposal for a directive Article 14 – paragraph 2 Amendment 521 #
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
Amendment 522 #
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. After this period has elapsed and in the event of continuing unemployment, the EU Blue Card shall be withdrawn.
Amendment 523 #
Proposal for a directive Article 14 – paragraph 3 Amendment 524 #
Proposal for a directive Article 14 – paragraph 3 3. The EU Blue Card holder shall communicate
Amendment 525 #
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
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.
Amendment 527 #
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 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 national law.
Amendment 528 #
Proposal for a directive Article 16 – paragraph 5 b (new) 5b. Survivor family members who derive rights from the EU Blue Card holder, shall be granted the right to remain in the Member State until the expiry of the Blue Card and, in any case, for a period of at least 12 months, under the same conditions enjoyed as family members of an EU Blue Card holders.
Amendment 529 #
Proposal for a directive Article 16 – paragraph 6 – subparagraph 2 Amendment 530 #
Proposal for a directive Article 16 – paragraph 6 – subparagraph 2 Amendment 531 #
Proposal for a directive Article 16 – paragraph 6 – subparagraph 2 Amendment 532 #
Proposal for a directive Article 16 – paragraph 6 – subparagraph 2 Amendment 533 #
Proposal for a directive Article 16 – paragraph 10 Amendment 534 #
Proposal for a directive Article 16 – paragraph 10 10. This Article shall apply to EU Blue Card holders who are beneficiaries of international protection
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.
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.
Amendment 537 #
Proposal for a directive Article 17 – paragraph 2 Amendment 538 #
Proposal for a directive Article 17 – paragraph 2 – subparagraph 1 Amendment 539 #
Proposal for a directive Article 17 – paragraph 2 – subparagraph 1 By way of derogation from Article 4(1) of Directive 2003/109/EC, Member States shall grant EU long-term resident status to third-country nationals who have legally and continuously resided as EU Blue Card holders within their territory for t
Amendment 540 #
Proposal for a directive Article 17 – paragraph 2 – subparagraph 2 Amendment 541 #
Proposal for a directive Article 17 – paragraph 2 – subparagraph 2 Amendment 542 #
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 he or she or, in the alternative a family member or another person acting as sponsor, 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.
Amendment 543 #
Proposal for a directive Article 17 – paragraph 2 – subparagraph 3 Amendment 544 #
Proposal for a directive Article 17 – paragraph 2 – subparagraph 3 – point b Amendment 545 #
Proposal for a directive Article 17 – paragraph 2 – subparagraph 3 – point c Amendment 546 #
Proposal for a directive Article 17 – paragraph 3 – point a (a) five years of legal and continuous residence within the territory of the Member States
Amendment 547 #
Proposal for a directive Article 17 – paragraph 3 – point a (a)
Amendment 548 #
Proposal for a directive Article 17 – paragraph 3 – point b (b) t
Amendment 549 #
Proposal for a directive Article 17 – paragraph 4 Amendment 550 #
Proposal for a directive Article 17 – paragraph 5 Amendment 551 #
Proposal for a directive Article 17 – paragraph 6 Amendment 552 #
Proposal for a directive Article 19 – title Amendment 553 #
Proposal for a directive Article 19 – paragraph 1 1. Where a third-country national who holds a valid EU Blue Card issued by a Member State applying the Schengen acquis in full enters and st |