[ParlTrack]

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 repetitively exercised the mobility rights in an abusive manner, for example by applying for EU Blue Cards in second Member States and beginning employment immediately while it is clear that the conditions will not be fulfilled and the application will be refused.

2017/03/03
Committee: LIBE

Heinz K. BECKER

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;

2017/03/03
Committee: LIBE

Heinz K. BECKER

4. Member States shall ~~not issue any other permit than an EU Blue Card to third-country national~~accord an EU Blue Card priority over purely national residence permits for the purpose of highly skilled employment by third-country nationals.

2017/03/03
Committee: LIBE

Heinz K. BECKER

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~~0.8 times but not higher than 1.42 times the average gross annual salary in the Member State concerned.

2017/03/03
Committee: LIBE

Heinz K. BECKER

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

2017/03/03
Committee: LIBE

Heinz K. BECKER

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

TAfter consulting the national social partners, out of consideration for national practices, the Member State concerned shall notify the Commission 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 12 months~~, and shall supply the Commission with all relevant reasons justifying this decision. For each extension of 12 months the Member State concerned shall send a new justified notification~~. Upon completion of the check, the Member State shall inform the Commission about the outcome thereof.

2017/03/03
Committee: LIBE

Heinz K. BECKER

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- country nationals in accordance with Article 9 of Directive 2009/52/EC of the European Parliament and of the Council51, or for undeclared work or illegal employment according to national law. _________________ 51 Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals (OJ L 168, 30.6.2009, p. 24).

2017/03/03
Committee: LIBE

Heinz K. BECKER

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).

2017/03/03
Committee: LIBE

Heinz K. BECKER

Proposal for a directive
Article 17 – paragraph 2

2. 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 three years immediately prior to the submission of the relevant application. The EU long-term resident status granted in accordance with the first subparagraph of this paragraph may be withdrawn before the period of legal and continuous residence of five years referred to in Article 4(1) of Directive 2003/109/EC within the territory of the Member States has been completed, where the third- country national becomes unemployed and does not have sufficient resources to maintain himself or herself and, where applicable, the members of his or her family, without having recourse to the social assistance system of the Member State concerned. However, the EU long-term resident status 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 which, unless the third-country national concerned is involuntarily unemployed, shall be related to the previous employment.deleted

2017/03/03
Committee: LIBE

Heinz K. BECKER

Proposal for a directive
Article 20 – paragraph 7

7. The second Member State may reject an application for an EU Blue Card where the third-country national repetitively makes use of the possibility to enter and work in second Member States pursuant to this Article in an abusive manner. The second Member State shall notify the employer and the first Member State of the rejection for the purpose of point (f) of Article 7(2).

2017/03/03
Committee: LIBE

Heinz K. BECKER

Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1

Annually, and for the first time by …...52 at the latest, Member States shall, in accordance with Regulation (EC) No 862/200753, communicate to the Commission statistics on the numbers of third-country nationals who have been granted an EU Blue Card and on those whose application have been rejected, specifying those rejected in application of Article 6(2), as well as on the numbers of third-country nationals whose EU Blue Card has been renewed or withdrawn, during the previous calendar year. Those statistics shall be disaggregated by the citizenship, occupation, length of validity of the permits, sex and age of the applicants, size of the undertaking, and the economic sector. Those statistics for third- country nationals who have been granted an EU Blue Card shall be further disaggregated into beneficiaries of international protection, beneficiaries of the right to free movement and those who have acquired EU long-term resident status in accordance with Article 17. _________________ 52 Four years after the date of entry into force of this Directive. 53 Regulation (EC) No 862/2007 of the European Parliament and of the Council of 11 July 2007 on Community statistics on migration and international protection and repealing Council Regulation (EEC) No 311/76 on the compilation of statistics on foreign workers (OJ L 199, 31.7.2007, p. 23).

2017/03/03
Committee: LIBE

11 Amendments of Heinz K. BECKER related to 2016/0176(COD)

ParlTrack - 2011-2024