90 Amendments of Bodil VALERO related to 2016/0176(COD)
Amendment 131 #
Proposal for a directive
Recital 1
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 134 #
Proposal for a directive
Recital 1 a (new)
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)
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 146 #
Proposal for a directive
Recital 5
Recital 5
(5) An EU-wide admission system to attract and retain highly skilled workers into the Union should be created. Member States should issue an EU Blue Card instead of a national permit to all applicants falling within the scope of this Directive. Member States should retain the right to issue permits other than EU Bretain the right to issue permits other than EU Blue Card for any purpose of employment to third-country nationals who fall outside the scope of this Directive or for national schemes which include Card for any purpose of employment tomore favourable provisions for the employment of highly-skilled third- country nationals who fall outside of the scope ofcovered by this Directive, subject to the limitations following from other directives in the area of labour migration.
Amendment 155 #
Proposal for a directive
Recital 6
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. _________________ 32 Council Recommendation of 20 December 2012 on the validation of non- formal and informal learning (2012/C 398/01) (OJ C 398, 22.12.2012, p. 1). 33 Recommendation of the European Parliament and of the Council of 18 December 2006 on key competences for lifelong learning (OJ L 394, 30.12.2006, p. 10).
Amendment 160 #
Proposal for a directive
Recital 7
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. On that basis, Member States should be able to either consider an application for an EU Blue Card inadmissible or reject it. As Article 79(5) TFEU only refers to third-country nationals coming from third countries, the right to determine volumes of admission does not apply in situations where a third-country national has already been admitted in the territory of Member States under this Directive and is seeking to continue the period of residence in the same or a second Member State.
Amendment 164 #
Proposal for a directive
Recital 8
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 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. However, for reasons of legal clarity and coherence, the provisions on equal treatment and family reunification of this Directive should not apply to this group of EU Blue Card holders in the Member State which granted them international protection. Those rights should remain regulated under the asylum acquis and, where applicable, Council Directive 2003/86/EC35 or of applicants for international protection and EU Blue Card holder in parallel. The rights of refugees and asylum applicants who are also holders of an EU Blue Card should remain regulated under the asylum acquis and, where applicable, Council Directive 2003/86/EC35and more favourable provisions covered by the EU Blue Card in terms of equal treatment, family reunification and mobility should equally apply. _________________ 34 Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (recast) (OJ L 337, 20.12.2011, p. 9). 35Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification (OJ L 251, 3.10.2003, p. 12).
Amendment 166 #
Proposal for a directive
Recital 9
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: the protectionose statuses and the rights associated with ithem should not be transferred to another Member State on the basis of the issuance of an EU Blue Card.
Amendment 171 #
Proposal for a directive
Recital 11
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. Equally, legally residing EU Blue Card holders should be entitled to apply to reside as researchers under Directive (EU) 2016/801. The provisions of that Directive should be clarified so as to ensure such a possibility. _________________ 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 L 132, 21.05.2016, p. 21).
Amendment 177 #
Proposal for a directive
Recital 13
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 salary threshold adaptable by the Member States to the situation in its labour marketcomparable salary level and higher professional qualifications.
Amendment 187 #
Proposal for a directive
Recital 15
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 salaryand to guarantee equal 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 policiesatment, the principle of equal pay for equal work or work of equal value should apply.
Amendment 194 #
Proposal for a directive
Recital 15 a (new)
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 199 #
Proposal for a directive
Recital 16
Recital 16
Amendment 208 #
Proposal for a directive
Recital 17
Recital 17
Amendment 211 #
Proposal for a directive
Recital 20
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 policy, public security or public healthsecurity. Any rejection on grounds of public policy or public security should be based on the individual behaviour of the person concerned, in accordance with the principle of proportionality. Illness or disability suffered after the third-country national was admitted to the territory of the first Member State should not constitute the sole ground for withdrawing or refusing to renew an EU Blue Card or for not issuing an EU Blue Card in a second Member State.
Amendment 218 #
Proposal for a directive
Recital 21
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.
Amendment 230 #
Proposal for a directive
Recital 27
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, which may be limited to particular regions or other parts of the territory, a Member State shoulda Member State should, after consulting with social partners and relevant national employment and social authorities and actors, be able to take into account the situation of its labour market before issuing an EU Blue Card.
Amendment 235 #
Proposal for a directive
Recital 28
Recital 28
(28) In case Member States decide to make use of this possibility for a given occupation or sector, possibly in a particular part of their territory, they 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 126 months and do so again for every subsequent 126 month period. Member States mayshould involve social and employment partners in the assessment of the circumstances related to the domestic labour market. This verification should not be possible when an EU Blue Card is renewed in the first Member State. For EU Blue Cards in a second Member State, taking into account the situation of the labour market should only be possible if that Member State has also introduced checks for first applications for third- country nationals coming from third countries and after a separate justified notification. The Commission should notify the Member State of its decision to approve or reject the proposed measures by the Member States. In case Member States decide to make use of this possibility, they should communicate this in a clear, accessible and transparent way to applicants and employers, including online.
Amendment 236 #
Proposal for a directive
Recital 29
Recital 29
(29) In implementing this Directive, Member States should refrain from pursuing active recruitment in developing countries in sectors suffering from a lack of personnel in key sectors essential for sustainable development. Ethical recruitment policies and principles applicable to public and private sector employers should be developed in key sectors, for example the health sector. This is consistent with EU’s commitment to the 2010 WHO Global Code on the International Recruitment of Health Personnel39 in addition to the Council and Member States’ conclusions of 14 May 2007 on the European Programme for Action to tackle the critical shortage of health workers in developing countries (2007-2013) and the education sector, as appropriate. These principles and policies should be strengthened by the development and application of mechanisms, guidelines and other tools to facilitate, as appropriate, circular and temporary migration, as well as other measures that would minimise negative and maximise positive impacts of highly skilled immigration on developing countries in order to turn “brain drain” into “brain gain”. _________________ 39 The WHO Global Code of Practice on the International Recruitment of Health Personnel, adopted on 21 May 2010 by the Sixty-third World Health Assembly in resolution WHA63.16.
Amendment 249 #
Proposal for a directive
Recital 35
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, thexisting more favourable provisions on equal treatment and family reunification of this Directive should not apply. Persons who are beneficiaries of international protection in one Member State and EU Blue Card holders in another should enjoy the same rights including equality of treatment with nationals of the Member State of residence as any other EU Blue Card holders in the latter Member State.
Amendment 254 #
Proposal for a directive
Recital 37
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 residents (OJ L 16, 23.1.2004, p. 44).
Amendment 264 #
Proposal for a directive
Recital 41
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 the second Member State in accordance with this Directive.
Amendment 273 #
Proposal for a directive
Recital 45
Recital 45
(45) For the purpose of residence of beneficiaries of international protection or of applicants for international protection across Member States, it is necessary to ensure that Member States other than the one which issued international protection or other than the one responsible for the application for international protection are informed of the protection background of the persons concerned in order to enable Member States to comply with their obligations regarding the principle of non- refoulement.
Amendment 276 #
Proposal for a directive
Recital 48 a (new)
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 286 #
Proposal for a directive
Article 2 – paragraph 1 – point c
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 298 #
Proposal for a directive
Article 2 – paragraph 1 – point j
Article 2 – paragraph 1 – point j
(j) “professional experience” means the actual and lawfulproved pursuit of the profession concerned;
Amendment 301 #
Proposal for a directive
Article 2 – paragraph 1 – point l
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 311 #
Proposal for a directive
Article 3 – paragraph 1 a (new)
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 313 #
Proposal for a directive
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
Amendment 317 #
Proposal for a directive
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
Amendment 319 #
Proposal for a directive
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
Amendment 320 #
Proposal for a directive
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
Amendment 322 #
Proposal for a directive
Article 3 – paragraph 2 – point f
Article 3 – paragraph 2 – point f
Amendment 323 #
Proposal for a directive
Article 3 – paragraph 2 – point g
Article 3 – paragraph 2 – point g
Amendment 327 #
Proposal for a directive
Article 3 – paragraph 4
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 and may retain national schemes which adopt or retain more favourable provisions in respect of this Directive. Member States can issue other national permits for third- country nationals who fall out of the scope of this Directive.
Amendment 338 #
Proposal for a directive
Article 4 – paragraph 2
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 347 #
Proposal for a directive
Article 5 – paragraph 1 – point d
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
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 all the risks normally covered for nationals of the Member State concerned for periods where no such insurance coverage and corresponding entitlement to benefits are provided in connection with, or resulting from, the work contract.
Amendment 354 #
Proposal for a directive
Article 5 – paragraph 2
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 salarywages which apply or would apply to a comparable worker in the same sector in the Member State concerned.
Amendment 364 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 372 #
Proposal for a directive
Article 5 – paragraph 5 – subparagraph 1
Article 5 – paragraph 5 – subparagraph 1
Amendment 381 #
Proposal for a directive
Article 5 – paragraph 6
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 385 #
Proposal for a directive
Article 5 – paragraph 7
Article 5 – paragraph 7
7. Member States shall reject applications of third-country nationals who are consideredproven to pose a threat to public policy, public security or public healthsecurity.
Amendment 387 #
Proposal for a directive
Article 5 – paragraph 8 – subparagraph 2
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 whenone year after the EU Blue Card pursuant to Article 8 is issued.
Amendment 388 #
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Member States shallmay reject an application for an EU Blue Card in any ofonly in the following cases:
Amendment 390 #
Proposal for a directive
Article 6 – paragraph 1 – point b
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 398 #
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1
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 mayMember States may, after mandatory consultation with social partners and relevant national employment and social authorities and actors, 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.
Amendment 404 #
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
The Member State concerned shall notifyinform 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 126 months, and shall supply the Commission with all relevant reasons justifying this decision. The Commission shall notify the Member State of its decision to approve or reject the proposed measures by the Member States. For each extension of 126 months the Member State concerned shall send a new justified notificatinform the Commission and provide new relevant reasons justifying such check. Member States shall not implement the abovementioned measures before approval by the Commission.
Amendment 409 #
Proposal for a directive
Article 6 – paragraph 3 – point a
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 416 #
Proposal for a directive
Article 6 – paragraph 3 a (new)
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
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 422 #
Proposal for a directive
Article 7 – paragraph 1 – point a
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 427 #
Proposal for a directive
Article 7 – paragraph 1 – point b
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 threshold as setlevels as defined in accordance with Article 5(2), (4) or (5), as applicable, without prejudice to Article 14.
Amendment 433 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point a
Article 7 – paragraph 2 – subparagraph 1 – point a
(a) for duly justified reasons of public policy, public security or public healthsecurity;
Amendment 435 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point b
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 438 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point d
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
Article 7 – paragraph 2 – subparagraph 1 – point e
Amendment 442 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point f
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 repetitively makes use of the mobility provisions of this Chapter in an abusive manner.
Amendment 449 #
Proposal for a directive
Article 7 – paragraph 2 a (new)
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 455 #
Proposal for a directive
Article 7 – paragraph 4 a (new)
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 462 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Member States shall set a standard period of validity for the EU Blue Card, which shall be at least 2436 months. If the work contract covers a shorter period, the EU Blue Card shall be issued at least for the duration of the work contract plus three months. Where an EU Blue Card is renewed, its period of validity shall be at least 2436 months.
Amendment 474 #
Proposal for a directive
Article 9 – paragraph 2
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 legally present in the territory of that Member State. The application shall equally be considered when the applicant falls under one of the circumstances listed in points (a), (b),(c) and (d) of [Article 3.1aNEW].
Amendment 476 #
Proposal for a directive
Article 9 – paragraph 2 a (new)
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
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 630 days of the date of submission of the application and within 30 days of the date of submission of an application for renewal.
Amendment 480 #
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 2
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 482 #
3. WPrior to rejecting an application for an EU Blue Card or withdrawing or not renewing the EU Blue Card, where the information or documents supplied in support of the application or the renewal application are inadequate or incomplete, the competent authorities shall duly notify the applicant of the additional information that is required and set a reasonable deadline for providing itsuch additional information. The period referred to in paragraph 1 shall be suspended until the authorities have received the additional information or documents required. If the additional information or documents have not been provided within the deadline, the application may be rejected or the EU Blue Card may not be renewed, unless the applicant proves that the documents have not been provided within the deadline for a reason independent of the applicant’s will. In this case, a new deadline shall be set by the authorities for the applicant to provide the relevant information or documents.
Amendment 483 #
Proposal for a directive
Article 10 – paragraph 4
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
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 690 days prior to the expiry of the EU Blue Card for submitting an application for renewal.
Amendment 485 #
Proposal for a directive
Article 10 – paragraph 6
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 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 518 #
Proposal for a directive
Article 14 – paragraph 1
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 threesix consecutive months, or where the unemployment occurs more than oncethree times during the period of validity of an EU Blue Card.
Amendment 519 #
Proposal for a directive
Article 14 – paragraph 1 a (new)
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 527 #
Proposal for a directive
Article 16 – paragraph 5 a (new)
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)
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 531 #
Proposal for a directive
Article 16 – paragraph 6 – subparagraph 2
Article 16 – paragraph 6 – subparagraph 2
Amendment 534 #
Proposal for a directive
Article 16 – paragraph 10
Article 16 – paragraph 10
10. This Article shall apply to EU Blue Card holders who are beneficiaries of international protection onlyfor what relates to any more favourable condition for family members which could derive from this Directive, including when they reside in a Member State other than the Member State which granted them international protection.
Amendment 542 #
Proposal for a directive
Article 17 – paragraph 2 – subparagraph 2
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 551 #
Proposal for a directive
Article 17 – paragraph 6
Article 17 – paragraph 6
Amendment 567 #
Proposal for a directive
Article 20 – paragraph 3 – point e
Article 20 – paragraph 3 – point e
(e) evidence of meeting the salary threshold setlevels defined in the second Member State in application of paragraph 2 or, where applicable, of paragraphs 4 or 5 of Article 5.
Amendment 569 #
Proposal for a directive
Article 20 – paragraph 4 – point a
Article 20 – paragraph 4 – point a
(a) the documents required pursuant to paragraph 3 are not presented, after a request to submit the required documents has been notified by the public administration to the applicant and the applicant has failed to provide the required documents within a reasonable deadline set by the public administration;
Amendment 571 #
Proposal for a directive
Article 20 – paragraph 4 – point b
Article 20 – paragraph 4 – point b
(b) the documents were fraudulently acquired, or falsified or tampered with, with the knowledge of the owner;
Amendment 574 #
Proposal for a directive
Article 20 – paragraph 5
Article 20 – paragraph 5
5. The second Member State shall reject an application for an EU Blue Card where the third-country national poses a threat to public policy, public security or public healthsecurity.
Amendment 576 #
Proposal for a directive
Article 20 – paragraph 7
Article 20 – paragraph 7
Amendment 604 #
Proposal for a directive
Article 22 – paragraph 4
Article 22 – paragraph 4
Amendment 611 #
Proposal for a directive
Article 22 – paragraph 6 – subparagraph 3
Article 22 – paragraph 6 – subparagraph 3
Amendment 615 #
Proposal for a directive
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
Member States shall make easily accessible to applicants the information on all the documentary evidence needed for an application and information on entry and residence conditions, including the rights, obligations and procedural safeguards, of the third-country nationals falling under the scope of this Directive and of their family members. This information shall include information on the salary thresholdscriteria set in the Member State concerned in accordance with Article 5(2), (4) and (5), and on the applicable fees.
Amendment 617 #
Proposal for a directive
Article 23 – paragraph 1 – subparagraph 2 – point b a (new)
Article 23 – paragraph 1 – subparagraph 2 – point b a (new)
(ba) on the applicable appeal procedures and on the competent authorities with which a judicial redress may be submitted as well as the time limits for submitting the appeal.
Amendment 621 #
Proposal for a directive
Article 23 – paragraph 2 – subparagraph 1
Article 23 – paragraph 2 – subparagraph 1
Amendment 623 #
Proposal for a directive
Article 23 – paragraph 2 – subparagraph 2
Article 23 – paragraph 2 – subparagraph 2
Amendment 631 #
Proposal for a directive
Article 25 – paragraph 1
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 the Member States, in particular the assessment of the impact of Articles 5, 12, 19 and 20, and the impact of this Directive on the national labour market situations. The Commission shall propose any amendments that are necessary. As part of its assessment the Commission shall evaluate the applicability of similar schemes for labour migration to other employment sectors, in particular low and medium-wage sectors, and, where appropriate, may propose a comprehensive framework for labour migration applicable to all sectors, including for low and medium-skilled workers.