36 Amendments of Nathalie GRIESBECK related to 2016/0176(COD)
Amendment 130 #
Proposal for a directive
Title 1
Title 1
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 highly skilled employment(This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 145 #
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 Blue Card for any purpose of employment to third-country nationals who fall outside of the scope of this Directive, subject to the limitations following from other directives in thprogressively abolish within 5 years after the entry into force of this directive the existing national schemes for skilled workers. During the 5 years of transition or until the abolition of those national schemes, Member States should give preference to the EU Blue Card to applicants falling within the scope of this Directive and, when not possible, automatically deliver an EU blue carea of labour migrationd to all candidates who qualify for the national scheme.
Amendment 157 #
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. 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 170 #
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. _________________ 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 exchangEqually, legally residing 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 suchemes or educational projects and au pairing (OJ L 132, 21.05.2016, p. 21) a possibility.
Amendment 174 #
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 market and higher and professional qualifications.
Amendment 183 #
Proposal for a directive
Recital 14
Recital 14
(14) This Directive is without prejudice to national procedures on the recognition of diplomas. In order to evaluate if the third-country national concerned possesses higher education or equivalent qualifications, reference should be made either to ISCED (International Standard Classification of Education) 2011 levels 3, 4, 5, 6, 7 and 8, or to the broadly equivalent EQF (European Qualifications Framework) levels 3, 4, 5, 6, 7 and 8, according to the choice of the Member State concerned.
Amendment 185 #
Proposal for a directive
Recital 15
Recital 15
Amendment 198 #
Proposal for a directive
Recital 16
Recital 16
Amendment 204 #
Proposal for a directive
Recital 17
Recital 17
Amendment 263 #
Proposal for a directive
Recital 41
Recital 41
(41) EU Blue Card holders 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 277 #
Proposal for a directive
Recital 48 a (new)
Recital 48 a (new)
(48a) When transposing this Directive and in order to better respond to the needs of the EU labour market, Members states and the Commission should gather data and list the sectors of employment or geographical areas where there are employment shortages or where vacancies are hard to fill and communicate this information publicly.
Amendment 278 #
Proposal for a directive
Recital 48 b (new)
Recital 48 b (new)
(48b) To ensure the proper enforcement of this Directive, and in particular the provisions regarding rights and working conditions, Member States should ensure that appropriate mechanisms are in place for the monitoring of the Directive.
Amendment 281 #
Proposal for a directive
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) the conditions of entry and residence for more than three months in the territory of the Member States, and the rights, of third-country nationals for the purpose of highly skilled employment, and of their family members;
Amendment 283 #
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 of a person who:
Amendment 285 #
Proposal for a directive
Article 2 – paragraph 1 – point b – indent 3
Article 2 – paragraph 1 – point b – indent 3
- has the required competence, as proven by higher professional qualifications.
Amendment 289 #
Proposal for a directive
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) “higher professional qualifications” means qualifications attested by evidence of higher education qualifications or higher professional skills;
Amendment 291 #
Proposal for a directive
Article 2 – paragraph 1 – point h
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 tertit least a secondary education programme, namely a set of courses provided by an educational establishment recognised as a highersecondary 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 three years and correspond at least to ISCED 2011 level 63 or to EQF level 6,3 according to national law;
Amendment 295 #
Proposal for a directive
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
(i) “higher professional skills” means skills attested by at least three years of professional experience of a level comparable to highersecondary education qualifications and which is relevant in the profession or sector specified in the work contract or binding job offer;
Amendment 310 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. This Directive shall apply to third- country nationals who apply to be admitted or who have been admitted to the territory of a Member State for the purpose of highly skilled employment.
Amendment 312 #
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 whose application for international protection or protection under national law have 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;
Amendment 331 #
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. in accordance with Article (new)
Amendment 335 #
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Article 3 a Progressive abolition of national schemes for skilled employment 1. Member States shall abolish national schemes dedicated to skilled employment 5 years after the entry into force of the directive and shall take all the necessary measures to ensure a smooth transition from national schemes to the EU blue- card scheme 2. During the transition period, Member States shall give preference to the EU blue card over national permits to applicants falling within the scope of this directive and when not possible automatically deliver a EU blue card to all the candidates who qualify for the national scheme.
Amendment 349 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 363 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 370 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
Amendment 426 #
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 set in accordance with Article 5(2), (4) or (5), as applicable, without prejudice to Article 14.
Amendment 491 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
The level of fees required by Member States for the processing of applications shall not be disproportionate or excessive or higher than the level of fees required by the Member State for other working permit applications.
Amendment 496 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Member States may decide toshall provide for recognition procedures for employers in accordance with their national law or administrative practice for the purpose of applying simplified procedures for obtaining an EU Blue Card.
Amendment 532 #
Proposal for a directive
Article 16 – paragraph 6 – subparagraph 2
Article 16 – paragraph 6 – subparagraph 2
Amendment 566 #
Proposal for a directive
Article 20 – paragraph 3 – point e
Article 20 – paragraph 3 – point e
Amendment 614 #
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 thresholds set in the Member State concerned in accordance with Article 5(2), (4) and (5), and on the applicable fees.
Amendment 618 #
Proposal for a directive
Article 23 – paragraph 1 – subparagraph 3 a (new)
Article 23 – paragraph 1 – subparagraph 3 a (new)
When transposing this Directive, Members States shall gather data and communicate publicly, in consultation with the social partners, about the labour market needs and shall list the sectors of employment or geographical areas where there are employment shortages. The Member States shall regularly update that list.
Amendment 620 #
Proposal for a directive
Article 23 – paragraph 2 – subparagraph 1
Article 23 – paragraph 2 – subparagraph 1
Amendment 624 #
Proposal for a directive
Article 23 – paragraph 3 a (new)
Article 23 – paragraph 3 a (new)
3a. Member States shall provide for measures to prevent possible abuses and to sanction infringements of this Directive. Measures shall include monitoring, assessment and, where appropriate, inspection in accordance with national law or administrative practice.
Amendment 633 #
Proposal for a directive
Article 25 – paragraph 2
Article 25 – paragraph 2
Amendment 636 #
Proposal for a directive
Article 26 a (new)
Article 26 a (new)
Article 26a Amendment to Directive (EU) 2016/801 of the European Parliament and of the Council In Article 2 of Directive (EU) 2016/801, point (g) is replaced by the following: “(g) who apply to reside in a Member State for the purpose of highly skilled employment within the meaning of Directive (EU) xxxx/xxx [Blue Card Directive]”.