Activities of Marie PANAYOTOPOULOS-CASSIOTOU related to 2007/0288(CNS)
Legal basis opinions (0)
Amendments (43)
Amendment 84 #
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 threfive years of equivalent professional experience as evidenced by a high level of training qualifications relating to the occupation or sector to which the contract or binding job offer applies;
Amendment 87 #
Proposal for a directive
Article 2 – point (i) a (new)
Article 2 – point (i) a (new)
(ι)a ‘Regulated profession’ means a professional activity as defined by Article 3(1)(a) of Directive 2005/36/ΕC;
Amendment 89 #
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 to the territory of a Member State for the purpose of highly qualified employment within the meaning of this directive.
Amendment 92 #
Proposal for a directive
Article 3 – paragraph 2 – point (a)
Article 3 – paragraph 2 – point (a)
(a) have the opportunity of staying in a Member State as applicantunder temporary protection schemes for international protection or under temporary protection schemehave submitted an application and are awaiting a reply concerning the determination of their status;
Amendment 93 #
Proposal for a directive
Article 3 – paragraph 2 – point (a a) (new)
Article 3 – paragraph 2 – point (a a) (new)
(aa) who comes within the category of applicants for international protection under Directive 2004/83/ΕC and whose application has not yet given rise to a final decision;
Amendment 95 #
Proposal for a directive
Article 3 – paragraph 2 – point (b)
Article 3 – paragraph 2 – point (b)
(b) who are refugees or have applied for recognition as refugeesprotection in accordance with the national legislation or practice of the Member State and whose application has not yet given rise to a final decision;
Amendment 97 #
Proposal for a directive
Article 3 – paragraph 2 – point (g a) (new)
Article 3 – paragraph 2 – point (g a) (new)
(ga) who have been admitted as seasonal workers into the territory of a Member State.
Amendment 98 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. This Directive shouldall be without prejudice to any future agreement between the Community or between the Community and its Member States on the one hand and one or more third countries on the other, that would list the professions which should not fall under this directive in order to assure ethical recruitment, in sectors suffering from a lack of personnel, by protecting human resources in the developing countries, signatories to these agreements.
Amendment 100 #
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. Member States shall have the possibility of issuing residence permits other than the ‘Blue Card’ for any type of employment not covered by this directive.
Amendment 103 #
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 provided for by national legislation;
Amendment 104 #
Proposal for a directive
Article 5 – paragraph 1 – point (c)
Article 5 – paragraph 1 – point (c)
(c) for unregulated professions, present the documents attesting the relevant higher professional qualifications in the occupation or sector specified in the work contract or in the binding offer of work, provided for by national legislation;
Amendment 105 #
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 together with a visa if considered necessary and, if appropriate, evidence of valid residence permit or a national long term visa. Member States may require the period of the validity of the travel document to cover at least the initial duration of the residence permit;
Amendment 106 #
Proposal for a directive
Article 5 – paragraph 1 – point (e)
Article 5 – paragraph 1 – point (e)
(e) present evidence of having aor having applied for sickness insurance for the applicant and his/her family members 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 112 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
Amendment 113 #
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. This article shall be without prejudice to applicable collective agreements or practices in the relevant occupational branches sectors.
Amendment 115 #
Proposal for a directive
Article 6
Article 6
Amendment 120 #
Proposal for a directive
Article 7
Article 7
Amendment 121 #
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 same duration. If the work contract covers a period less than two years, the EU Blue Card shall be issued or renewed for the duration of the work contract plus three months.
Amendment 123 #
Proposal for a directive
Article 8 – paragraph 5
Article 8 – paragraph 5
Amendment 126 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Before taking the decision on an application for an EU Blue Card and when considering renewals or authorisations under Article 13(1) during the first two years of legal employment of the Blue Card holder concerned, Member States may examine the situation of their labour market and apply their national procedures regarding the requirements for filling a vacancy. For reasons of labour market policy, Member States may give preference to Union citizens, toAn application for a Blue Card may also be rejected under Article 7. Member States may establish whether a job vacancy could be filled from either the national or Community workforce, by third- country nationals, when provided for by Community legislation, as well as to third-country nationals who reside legally and receive unemployment benefits in theo are legally resident in the country and already form part of its workforce in accordance with Community or national legislation or by long-term residents of the European Community who wish to move to a Member States concerned seeking highly qualified workers in accordance with Chapter III of Directive 2003/109/EC or Article 20 of this directive.
Amendment 127 #
Proposal for a directive
Article 10 – paragraph 1 – point (b)
Article 10 – paragraph 1 – point (b)
(b) wherever it appears that the holder did not meet or no longer meets the conditions for entry and residence laid down in Articles 5 and 6this directive or is residing for purposes other that that for which he/she was authorised to reside.
Amendment 128 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The lack of notification pursuant to Article 13(2) and Article 14(3a) shall not be considered to be a sufficient reason for withdrawing or not renewing the EU Blue Card if the holder can show that the non- receipt of notification by the authorities was for reasons beyond his control.
Amendment 134 #
Proposal for a directive
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. Member States shall not accept applications in respect of nationals of third countries covered by Directive 96/71/EC.
Amendment 135 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The competent authorities of the Member States shall adopt a decision on the complete application for the Blue Card and notify the applicant in writing, in accordance with the notification procedures laid down in the national legislation of the concerned Member State, at the latest within 360 days ofafter the date on which the application was lodged. In exceptional cases involving complex applications, the deadline may be extended for a maximum of another 60 daysThe consequences of failure to take a decision within the requisite period shall be specified by the national legislation of the Member State concerned.
Amendment 136 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. If the information or documents supplied in support of the application is inadequate, the competent authorities shall notify the applicant of the additional information that is required specifying a reasonable length of time within which to supply it. The period referred to in paragraph 1 shall be suspended until the authorities have received the additional information required. If the additional information or documents are not received within the specified period the application shall be rejected.
Amendment 138 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. For the first two years of legal residence in the Member State concerned as holder of an EU Blue Card, access to the labour market for the person concerned shall be restricted to the exercise of paid employment activities which meet the conditions for admission set out in Articles 5 and 6. Modifications of the terms of the work contract that affect the conditions for admission or a changes in the work relationship of employer shall be subject to the prior authorisation in writing of the competent authorities of the Member State of residence, according to national procedures and within the time limits set out in Article 12(1). Member States may decide under what circumstances prior notification is required in respect of such modifications.
Amendment 143 #
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
4. Member States may retain restrictions on access to employment or self-employed activities, provided such activities entail even occasional involvement in the exercise of public authority and responsibility for safeguarding the general interest of the State in cases where, in accordance with existing national or Community legislation, these activities are reserved to nationals.
Amendment 145 #
Proposal for a directive
Article 13 – paragraph 5
Article 13 – paragraph 5
5. Member States may retain restrictions to access to employment or self-employed activities in cases where, in accordance with existing national or Community legislation, these activities are reserved to nationals, EU or EEA citizens.
Amendment 151 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. During thise period referred to in paragaph 1, the holder of the EU Blue Card shall be allowed to seek and take up highly qualified employment under the conditions set out in Article 13(1) or (2) whichever is applicable.
Amendment 152 #
Proposal for a directive
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3a. EU Blue Card holders shall inform the Member State authorities of the commencement of periods of unemployment in accordance with national procedures.
Amendment 153 #
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1
Article 15 – paragraph 1 – subparagraph 1
1. Holders of an EU Blue Card shall enjoy equal treatment with nationals of the Member State which issued the Blue Card at least as regards:
Amendment 154 #
Proposal for a directive
Article 15 – paragraph 1 – point (e)
Article 15 – paragraph 1 – point (e)
(e) at national legislative provisions concerning branches of social security as defined in Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community. Council Regulation (EC) No 859/2003 of 14 May 2003 which extends the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by these provisions solely on the ground of their nationality shall apply accordingly;
Amendment 155 #
Proposal for a directive
Article 15 – paragraph 1 – point (e) a (new)
Article 15 – paragraph 1 – point (e) a (new)
(ea) payment of pension and old age entitlements in accordance with the legislation of the country making such payment when the beneficiary moves to a third country;
Amendment 156 #
Proposal for a directive
Article 15 – paragraph 1 – point (i)
Article 15 – paragraph 1 – point (i)
(i) access to goods and services and the supply of goods and services made available to the public, includingas well as procedures for obtaining housing and the assistance afforinformation and advisory services of all kinds provided by employment offices;
Amendment 160 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States may restrict the rights conferredequal treatment under paragraphs 1(c) and (i) in respect to study grants and procedures for obtaining public housing to cases where the holder of the EU Blue Card has been staying or has the right to stay in its territory for at least three yearsthe right to long-term residence in the EU under the provisions of Article 17. Access to universities may depend on certain preconditions laid down by national legislation.
Amendment 163 #
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 165 #
Proposal for a directive
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3a. The right to equal treatment under paragraph 1 shall be subject to the right of Member States to withdraw the EU Blue Card under Article 10.
Amendment 167 #
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 subject to fulfilment of the conditions for family reunification at the latest within six months from the date on which the application was lodged.
Amendment 174 #
Proposal for a directive
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The applicant and/or his employer shall be responsible for the costs related to the return and readmission of him/her self and his/her family members, including by reimbursing costs incurred by public funds where applicable, pursuant to paragraph 3(b).
Amendment 176 #
Proposal for a directive
Article 21 – paragraph 3 a (new)
Article 21 – paragraph 3 a (new)
3a. The second Member State may require the holder of the Blue Card to provide evidence of stable and regular sources of income sufficient to support himself and the members of his family without recourse to social assistance within the Member State. The Member States shall assess these sources of income with regard to their nature and frequency.
Amendment 177 #
Proposal for a directive
Article 21 – paragraph 3 b (new)
Article 21 – paragraph 3 b (new)
3b. The provisions of Article 16 shall continue to apply mutatis mutandi.
Amendment 178 #
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Member States shall communicate to the Commission and the other Member States if legislative or regulatory measures are enacted in respect of Articles 7, 9(2), 19(5) and 20 through the network established by Decision 2006/688/EC.
Amendment 180 #
Proposal for a directive
Article 22 – paragraph 3
Article 22 – paragraph 3
3. Annually, and for the first time no later than 1 April of [one year after the date of transposition of this Directive], Member States shall communicate to the Commission and the other Member States through the network established by Decision 2006/688/EC statistics on the volumes of third-country nationals who have been granted, renewed or withdrawn an EU Blue Card during the previous calendar year, indicating their nationality and their occupation in accordance with personal data protection legislation. Statistics on admitted family members shall be communicated likewise except for information concerning their occupation. For holders of the EU Blue Card and members of their families admitted in accordance with the provisions of Articles 19 to 21, the information provided shall in addition specify the Member State of previous residence.