21 Amendments of Kinga GÁL related to 2016/0176(COD)
Amendment 156 #
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 andbe introduced in order to stress that alongside formal educational qualifications, when provided for under national law, equivalent professional experience shouldmay 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, 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 necessaryit is the case, 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 209 #
Proposal for a directive
Recital 17
Recital 17
(17) A lower salary threshold should also be laid downmay be applied by Member States to benefit third- country nationals during a certain period after their graduation. This period shouldmay be granted each time that the third-country national reaches a level of education relevant for the purposes of this Directive, namely levels 6, 7 or 8 of ISCED 2011, or levels 6, 7 or 8 of EQF, according to the national law of the Member State concerned. It shouldmay apply whenever the third-country national applies for an initial or renewed EU Blue Card within three years from the date of obtaining the qualifications and in addition, when that third-country national applies for a first renewal of the EU Blue Card and the initial EU Blue Card was issued for a period shorter than 24 months. After these grace periods – which may run in parallel – have elapsed the young professionals can be reasonably expected to have gained sufficient professional experience in order to fulfil the regular salary threshold.
Amendment 229 #
Proposal for a directive
Recital 27
Recital 27
(27) Since EU Blue Card holders are highly skilled workers contributingThe rational behind the EU Blue Card scheme is to addressing labour and skills shortages in key sectors, the principle of access to in the EU 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 should be able to take into account the situation of its labour market before issuing an EU Blue Card, consequently Member State should have the possibility to check whether the job vacancy could not be filled by a national of that country or another EU citizen or by third country nationals lawfully residing in that Member State and already part of the EU’s labour market.
Amendment 232 #
Proposal for a directive
Recital 28
Recital 28
Amendment 282 #
Proposal for a directive
Article 2 – paragraph 1 – point b – introductory part
Article 2 – paragraph 1 – point b – introductory part
(b) “highly skilled employment” means the employment ofin a person who: osition requiring higher professional qualifications, where the person:
Amendment 294 #
Proposal for a directive
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
(i) “higher professional skills” means knowledge, skills attested where provided for by national law or national procedures by at least three years of professional experience of a level comparable to higher education qualifications and which is relevant in the profession or sector specified in the work contract or binding job offer;
Amendment 316 #
Proposal for a directive
Article 3 – paragraph 2 – point a a (new)
Article 3 – paragraph 2 – point a a (new)
(aa) who have been awarded refugee status or subsidiary protection;
Amendment 326 #
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 368 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. By way of derogation from paragraph 2, and for employment in professions which are in particular need of third-country national workers and which belong to major groups 1 and 2 of ISCO, thea Member State may apply a lower salary threshold shall beof at least 80 percent of the salary threshold set by the Member State concerned in accordance with paragraph 2.
Amendment 376 #
Proposal for a directive
Article 5 – paragraph 5 – subparagraph 1
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, thea Member State may apply a salary threshold shall beof at least 80 percent of the salary threshold set by the Member State concerned in accordance with paragraph 2. The period of three years shall reapply after the attainment of each level of higher education qualifications.
Amendment 382 #
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Member States shallmay facilitate the validation and recognition of documents attesting the relevant higher professional qualifications pursuant to point (c) of paragraph 1.
Amendment 391 #
where the applicant poses a threat to public security or health.
Amendment 394 #
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
Amendment 401 #
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Amendment 406 #
Proposal for a directive
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. A Member State may check whether the job vacancy could not be filled by a national of that country or another EU citizen or by third country nationals lawfully residing in that Member State and already part of the EU’s labour market.
Amendment 429 #
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1 (new)
Article 7 – paragraph 1 – subparagraph 1 (new)
for public security and health reasons.
Amendment 447 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 a (new)
Article 7 – paragraph 2 – subparagraph 1 a (new)
where the third-country national’s real purpose of residing differs from those for which he or she applied to be admitted.
Amendment 479 #
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 690 days of the date of submission of the application.
Amendment 507 #
Proposal for a directive
Article 13 – paragraph 1 – subparagraph 1
Article 13 – paragraph 1 – subparagraph 1
EU Blue Card holders - when fulfilling the criteria for admission in Article 5 - shall have full access to highly skilled employment in the Member State concerned. Member States may require that a change of employer and changes affecting the fulfilment of the criteria for admission as set out in Article 5 are communicated in accordance with procedures laid down by national law.
Amendment 512 #
Proposal for a directive
Article 13 – paragraph 1 – subparagraph 1 a (new)
Article 13 – paragraph 1 – subparagraph 1 a (new)
1a. In case of a change of employer of the Blue Card holder in the first 2 years of employment in a Member State, the concerned Member State may require that this change of employer be subject to the check set out in Article 6(2a).
Amendment 559 #
Proposal for a directive
Article 20 – paragraph 2 – subparagraph 2
Article 20 – paragraph 2 – subparagraph 2