20 Amendments of Jeanine HENNIS-PLASSCHAERT related to 2007/0228(CNS)
Amendment 51 #
Proposal for a directive
Recital 10
Recital 10
(10) This Directive should provide for a flexible demand-driven entry system, based on objective criteria such as a minimum salary threshold comparable with the wage levels in the Member States and on professional qualifications. The definition of a common minimum denominator for the national wage threshold is necessary to ensure a minimum level of harmonisation in the admission conditions throughout the EU. Member States should fix their national threshold accordingly to the situation of their respective labour markets and their general immigration policies.
Amendment 54 #
Proposal for a directive
Recital 11
Recital 11
(11) Derogations from the main scheme in terms of the salary threshold should be laid down for highly qualified applicants under 305 years of age who, due to their relatively limited professional experience and their position on the labour market, may not be in a position to fulfil the salary requirements of the main scheme or, for those who have acquired their higher education qualifications in the European Union.
Amendment 56 #
Proposal for a directive
Recital 15
Recital 15
(15) The occupational and geographical mobility of third-country highly qualified workers should be recognised as a primary mechanism for improving labour market efficiency, preventing skill shortages and offsetting regional imbalances. In order to respect the principle of Community preference and to avoid possible abuses of the system, the occupational mobility of a third-country highly qualified worker should be limited for the first two years of legal residence in a Member State.
Amendment 63 #
Proposal for a directive
Article 2 - point b
Article 2 - point b
(b) "highly qualified employment" means the exercise of genuine and effective work under the direction of someone else for which a person is paid and for which higher education qualifications or at least three years of equivalerelevant professional experience is required;
Amendment 70 #
Proposal for a directive
Article 2 - point g
Article 2 - point g
(g) "higher education qualifications for regulated professions" stands for any degree, diploma or other certificate issued by a competent authority attesting the successful completion of a higher education programme, namely a set of courses provided by an educational establishment recognised as a higher education institution by the State in which it is situated. These qualifications are taken into account, for the purposes of this directive, on condition that the studies needed to acquire them lasted at least three years. For unregulated professions the employer shall decide the required level of higher education qualifications;
Amendment 74 #
Proposal for a directive
Article 2 - point h
Article 2 - point h
(h) "higher professional qualifications" means qualifications attested by evidence of higher education qualifications or of at least three years of equivalein the case of regulated professions or relevant professional experience;
Amendment 80 #
Proposal for a regulation
Article 3 - paragraph 2 - point b
Article 3 - paragraph 2 - point b
(b) who are refugees or have applied for recognition as refugees and whose application has not yet given rise to a final decision;
Amendment 84 #
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 concerning conditions of entry and residence for persons to whom it applies, except for entry into the first Member State.
Amendment 86 #
Proposal for a directive
Article 5 - paragraph 1 - point b
Article 5 - paragraph 1 - point b
(b) fulfil the conditions set out under national legislation for the exercise by EU citizens of the regulated profession specified in the work contract or binding job offer of work;
Amendment 87 #
Proposal for a directive
Article 5 - paragraph 1 - point c
Article 5 - paragraph 1 - point c
Amendment 93 #
Proposal for a directive
Article 5 - paragraph 2
Article 5 - paragraph 2
2. In addition to the conditions stipulated in paragraph 1, the gross monthly salary specified in the work contract or binding job offer must not be inferior to athe national salary threshold defined and published for the purpose by the Member States which shall be at least three times the minimum gross monthly wage as set by national law. Member States where minimum wages are not defined shall set the national salary threshold to be at least three times the minimum income under which citizens of the Member State concerned are entitled to social assistance in that Member State, or to be in line with applicable collective agreements or practices in the relevant occupation branches.
Amendment 103 #
Proposal for a directive
Article 6 - introductory part and point a
Article 6 - introductory part and point a
If the application is submitted by a third- country national of less than 305 years of age and holding higher education qualifications, the following derogations shall apply: (a) Member States shall consider fulfilled the condition set out in Article 5(2) if the gross monthly salary offered corresponds to at least two–thirds of the national salary threshold defined in accordance with Article 5(2);
Amendment 113 #
Proposal for a directive
Article 8 - paragraph 2
Article 8 - paragraph 2
2. The initial validity of an EU Blue Card shall be of two years and shall be renewed for at least the samcorrespond to the duration. I of the work contract covers a period less than two, subject to a minimum of one years, the EU Blue Carand shall be issurenewed for the duration of the work contract plus three monthat least the same duration up to a maximum of 5 years.
Amendment 114 #
Proposal for a directive
Article 8 - paragraph 5
Article 8 - paragraph 5
5. Holders of the EU Blue Card shall be entitled to the rights recognised to them and their family members by Articles 8, 10(2), 12, 13-19 and 21 ofin this Directive.
Amendment 118 #
Proposal for a directive
Article 9 - paragraph 2
Article 9 - paragraph 2
Amendment 139 #
Proposal for a directive
Article 15 - paragraph 2
Article 15 - paragraph 2
Amendment 143 #
Proposal for a directive
Article 16 - paragraph 3
Article 16 - paragraph 3
3. By way of derogation from Article 5(4), first subparagraph, of Directive 2003/86/EC, residence permits for family members shall be granted at the latest within six months from the date on which the application was lodgedthe holder of an EU Blue Card and his or her family members shall be granted at the same time.
Amendment 149 #
Proposal for a directive
Article 19 - paragraph 1
Article 19 - paragraph 1
1. After two years of legal residence in the first Member State as holder of an EU Blue Card, the person concerned and his/her family members shall be allowed to move to a Member State other than the first Member State for the purpose of highly qualified employment under the conditions set out in this Article.
Amendment 155 #
Proposal for a directive
Article 19 - paragraph 5
Article 19 - paragraph 5
Amendment 157 #
Proposal for a directive
Article 20 - paragraph 2
Article 20 - paragraph 2
2. In cases where a Member State decides to apply the restrictions on access to the labour market provided for in Article 14(3) of Directive 2003/109/EC, it shall give preference to holders of the residence permit "long-term resident – EC / EU Blue Card holder" over other third-country nationals applying to reside there for the same purposes in situations where two or more candidates are equally well qualified for the job.