Next event: ŽDANOKA Tatjana (Verts/ALE) appointed as rapporteur in EMPL 2020/04/27 more...
- MORENO SÁNCHEZ Javier (S&D) appointed as rapporteur in LIBE 2020/02/19
- Committee referral announced in Parliament, 1st reading/single reading 2019/10/21
- Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71) 2017/07/05
- Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71) 2017/07/03
- Committee report tabled for plenary, 1st reading/single reading 2017/06/28
- Vote in committee, 1st reading/single reading 2017/06/15
- Committee decision to open interinstitutional negotiations with report adopted in committee 2017/06/15
- Committee opinion 2017/05/31
Progress: Awaiting Parliament's position in 1st reading
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 | MORAES Claude ( S&D) | |
Committee Opinion | EMPL | ŽDANOKA Tatjana ( Verts/ALE) | |
Committee Opinion | JURI | ||
Former Committee Opinion | EMPL | LAMBERT Jean ( Verts/ALE) | |
Former Committee Opinion | JURI |
Lead committee dossier:
Legal Basis:
TFEU 079-p2
Legal Basis:
TFEU 079-p2Subjects
Events
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.
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
- Committee report tabled for plenary, 1st reading/single reading: A8-0240/2017
- Committee opinion: PE597.413
- Committee draft report: PE595.499
- Committee of the Regions: opinion: CDR3699/2016
- Reasoned opinion: PE593.929
- Contribution: COM(2016)0378
- Contribution: COM(2016)0378
- Reasoned opinion: PE589.334
- Contribution: COM(2016)0378
- Contribution: COM(2016)0378
- Contribution: COM(2016)0378
- Contribution: COM(2016)0378
- Reasoned opinion: PE589.135
- 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
- Reasoned opinion: PE589.135
- Reasoned opinion: PE589.334
- Reasoned opinion: PE593.929
- Committee of the Regions: opinion: CDR3699/2016
- Committee draft report: PE595.499
- Committee opinion: PE597.413
- 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 (0)
- Fabio Massimo CASTALDO
Plenary Speeches (0)
- Sylvie GUILLAUME
Plenary Speeches (0)
- Balázs HIDVÉGHI
Plenary Speeches (0)
- Seán KELLY
Plenary Speeches (0)
- Ádám KÓSA
Plenary Speeches (0)
- Gilles LEBRETON
Plenary Speeches (0)
- Juan Fernando LÓPEZ AGUILAR
Plenary Speeches (0)
- Javier MORENO SÁNCHEZ
Plenary Speeches (0)
- Kostas PAPADAKIS
Plenary Speeches (0)
- Henna VIRKKUNEN
Plenary Speeches (0)
- Tatjana ŽDANOKA
Plenary Speeches (0)
- Pernando BARRENA ARZA
Plenary Speeches (0)
- Nicolaus FEST
Plenary Speeches (0)
- Assita KANKO
Plenary Speeches (0)
- Peter KOFOD
Plenary Speeches (0)
- Marcel KOLAJA
Plenary Speeches (0)
- Ramona STRUGARIU
Plenary Speeches (0)
- Radan KANEV
Plenary Speeches (0)
- Joachim Stanisław BRUDZIŃSKI
Plenary Speeches (0)
- Damian BOESELAGER
Plenary Speeches (0)
- Eugen TOMAC
Plenary Speeches (0)
- Cyrus ENGERER
Plenary Speeches (0)
Amendments | Dossier |
109 |
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
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