### member states shall take the necessary measures to ensure that workers have an individual right to parental leave of at least four months to be taken before the child reaches a given age which shall be at least twelve . ### member states shall take the necessary measures to ensure that workers have an individual right to parental leave of at least six months to be taken before the child reaches a given age which shall be at least thirteen .


### member states shall take the necessary measures to ensure that workers have the right to carers ' leave of at least five working days per year , per worker . such right may be subject to appropriate substantiation of the medical condition of the worker ' s relative . ### member states shall take the necessary measures to ensure that workers have the right to paid carers ' leave of at least seven working days per year , per worker . such right must be subject to appropriate substantiation of the medical condition of the worker ' s relative .


### in order to encourage working parents and carers to remain in the work force , those workers should be able to adapt their working schedules to their personal needs and preferences . working parents and carers should therefore be able to request flexible working arrangements , meaning the possibility for workers to adjust their working patterns , including through the use of remote working arrangements , flexible working schedules , or a reduction in working hours , for caring purposes . in order to address the needs of workers and employers , it should be possible for member states to limit the duration of flexible working arrangements , including a reduction in working hours . while working part - time has been shown to be useful in allowing some women to remain in the labour market after having children , long periods of reduced working hours may lead to lower social security contributions translating into reduced or non - existing pension entitlements . the ultimate decision as to whether or not to accept a worker’s request for flexible working arrangements should lie with the employer , specific circumstances underlying the need for flexible working arrangements can change . workers should therefore not only have the right to return to their original working patterns at the end of a given agreed period , but should also be able to request to do so at any time where a change in the underlying circumstances so requires . ### in order to encourage working parents and carers to remain in the work force , those workers should be able to adapt their working schedules to their personal needs and preferences . working parents and carers should therefore be able to request flexible working arrangements , meaning the possibility for workers to adjust their working patterns , including through the use of remote working arrangements , flexible working schedules , or a reduction in working hours , for caring purposes . in order to address the needs of workers and employers , it should be possible for member states to limit the duration of part - time work , giving priority to other flexible working arrangements . while working part - time has indeed been shown to be useful in allowing some women to remain in the labour market after having children , long periods of reduced working hours may lead to lower social security contributions translating into reduced or non - existing pension entitlements . the ultimate decision as to whether or not to accept a worker’s request for flexible working arrangements should lie with the employer . specific circumstances underlying the need for flexible working arrangements can change . workers should therefore not only have the right to return to their original working patterns at the end of a given agreed period , but should also be able to request to do so at any time where a change in the underlying circumstances so requires .


### in order to provide greater possibility for parents to use parental leave as their children grow up , the right to parental leave should be granted until the child is at least twelve years old . member states should be able to specify the period of notice to be given by the worker to the employer when applying for parental leave and to decide whether the right to parental leave may be subject to a certain period of service . in view of the growing diversity of contractual arrangements , the sum of successive fixed - term contracts with the same employer should be taken into account for the purpose of calculating the period of service . to balance the needs of workers with those of employers , member states should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under certain circumstances . in such cases , the employer should provide justification for the postponement . given that flexibility makes it more likely that second parents , in particular fathers , will take up their entitlement to such leave , workers should be able to request to take parental leave on a full - time or part - time basis or in other flexible forms . it should be up to the employer whether or not to accept such a request for parental leave in other flexible forms than full - time . member states should also assess if the conditions and detailed arrangements of parental leave should be adapted to the specific needs of parents in particularly disadvantaged situations . ### in order to provide greater possibility for parents to use parental leave as their children grow up , the right to parental leave should be granted until the child is at least thirteen years old . member states should be able to specify the period of notice to be given by the worker to the employer when applying for parental leave . to balance the needs of workers with those of employers , member states should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under certain circumstances . in such cases , the employer should provide justification in writing for the postponement . given that flexibility makes it more likely that second parents , in particular fathers , will take up their entitlement to such leave , workers should be able to request to take parental leave on a full - time or part - time basis or in other flexible forms . it should be up to the employer whether or not to accept such a request for parental leave in other flexible forms than full - time . member states should also assess if the conditions and detailed arrangements of parental leave should be adapted to the specific needs of parents in particularly disadvantaged situations .


### member states shall take the necessary measures to ensure that workers have the right to time off from work on grounds of force majeure for urgent family reasons in cases of illness or accident making the immediate presence of the worker indispensable . member states may limit the right to time off from work on grounds of force majeure to a certain amount of time per year or per case , or both . ### member states shall take the necessary measures to ensure that workers have the right to time off from work for urgent family reasons in cases of illness or accident making the immediate presence of the worker indispensable .


### in order to provide greater possibility for parents to use parental leave as their children grow up , the right to parental leave should be granted until the child is at least twelve years old . member states should be able to specify the period of notice to be given by the worker to the employer when applying for parental leave and to decide whether the right to parental leave may be subject to a certain period of service . in view of the growing diversity of contractual arrangements , the sum of successive fixed - term contracts with the same employer should be taken into account for the purpose of calculating the period of service . to balance the needs of workers with those of employers , member states should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under certain circumstances . in such cases , the employer should provide justification for the postponement . given that flexibility makes it more likely that second parents , in particular fathers , will take up their entitlement to such leave , workers should be able to request to take parental leave on a full - time or part - time basis or in other flexible forms . it should be up to the employer whether or not to accept such a request for parental leave in other flexible forms than full - time . member states should also assess if the conditions and detailed arrangements of parental leave should be adapted to the specific needs of parents in particularly disadvantaged situations . ### in order to provide greater possibility for parents to use parental leave as their children grow up , the right to parental leave should be granted until the child is at least fourteen years old . member states should specify the period of notice to be given by the worker to the employer when applying for parental leave . the right to parental leave should not be subject to a certain period of service . in view of the growing diversity of contractual arrangements , the sum of successive fixed - term contracts with the same employer should be taken into account for the purpose of calculating the period of service . to balance the needs of workers with those of employers , member states should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under certain circumstances . in such cases , the employer should provide written justification for the postponement . given that flexibility makes it more likely that second parents , in particular fathers , will take up their entitlement to such leave , workers should be able to request to take parental leave on a full - time or part - time basis or in other flexible forms . it should be up to the employer whether or not to accept such a request for parental leave in other flexible forms than full - time . member states should also assess if the conditions and detailed arrangements of parental leave should be adapted to the specific needs of parents in particularly disadvantaged situations .


### in order to encourage working parents and carers to remain in the work force , those workers should be able to adapt their working schedules to their personal needs and preferences . working parents and carers should therefore be able to request flexible working arrangements , meaning the possibility for workers to adjust their working patterns , including through the use of remote working arrangements , flexible working schedules , or a reduction in working hours , for caring purposes . in order to address the needs of workers and employers , it should be possible for member states to limit the duration of flexible working arrangements , including a reduction in working hours . while working part - time has been shown to be useful in allowing some women to remain in the labour market after having children , long periods of reduced working hours may lead to lower social security contributions translating into reduced or non - existing pension entitlements . the ultimate decision as to whether or not to accept a worker’s request for flexible working arrangements should lie with the employer , specific circumstances underlying the need for flexible working arrangements can change . workers should therefore not only have the right to return to their original working patterns at the end of a given agreed period , but should also be able to request to do so at any time where a change in the underlying circumstances so requires . ### in order to encourage working parents and carers to remain in the work force , those workers should be able to adapt their working schedules to their personal needs and preferences , without , however , abusing this right . working parents and carers should therefore be able to request flexible working arrangements , meaning the possibility for workers to adjust their working patterns , including through the use of remote working arrangements , flexible working schedules , or a reduction in working hours , for caring purposes . in order to address the needs of workers and employers and ensure that they are properly balanced , it should be possible for member states to limit the duration of flexible working arrangements , including provisions for reduced working hours . while working part - time has been shown to be useful in allowing some women to remain in the labour market after having children , long periods of reduced working hours may lead to lower social security contributions translating into reduced or non - existing pension entitlements . the ultimate decision as to whether or not to accept a worker’s request for flexible working arrangements should lie with the employer . specific circumstances underlying the need for flexible working arrangements can change . workers should therefore not only have the right to return to their original working patterns at the end of a given agreed period , but should also be able to request to do so at any time where a change in the underlying circumstances so requires .


### in order to encourage a more equal sharing of caring responsibilities between women and men , the right to paternity leave for fathers to be taken on the occasion of the birth of a child should be introduced . in order to take account of differences among member states , the right to paternity leave should be irrespective of marital or family status as defined in national law . ### in order to encourage a more equal sharing of caring responsibilities between women and men , the right to paternity leave for fathers to be taken on the occasion of the birth or adoption of a child should be introduced . in order to take account of differences among member states , the right to paternity leave should be irrespective of marital or family status as defined in national law .


### at the latest , by five years after the entry into force of this directive , member states shall communicate to the commission all relevant information concerning the application of this directive necessary for the commission to draw up a report to the european parliament and the council on the application of this directive . ### at the latest , by three years after the entry into force of this directive , member states shall communicate to the commission all relevant information concerning the application of this directive necessary for the commission to draw up a report to the european parliament and the council on the application of this directive .


### when flexible working arrangements referred to in paragraph 1 are limited in duration , the worker shall have the right to return to the original working pattern at the end of the agreed period . the worker shall also have the right to request to return to the original working pattern whenever a change of circumstances so justifies . employers shall be obliged to consider and respond to such requests , taking into account the needs of both employers and workers . ### when flexible working arrangements referred to in paragraph 1 are limited in duration , the worker shall have the right to return to the original working pattern at the end of the agreed period . provision should also be made for a ' protection period ' at the time of re - entry to allow the worker an easier and more effective reintegration into professional life , bearing in mind that , in this transitional phase , the use of new technologies could help workers to move more quickly towards resuming work in a lasting , more agile manner , while updating their skills . the worker shall also have the right to request to return to the original working pattern whenever a change of circumstances so justifies . employers shall be obliged to consider and respond to such requests , taking into account the needs of both employers and workers .


### where the eu blue card is issued by a member state not applying the schengen acquis in full and the eu blue card holder , in the mobility situations provided for in this directive , crosses an external border within the meaning of regulation 2016 / 399 of the european parliament and of the council44 , a member state should be entitled to require evidence that the eu blue card holder is entering its territory either for the purpose of business activities or in order to apply for a new eu blue card based on a work contract or binding job offer . in the case of mobility for carrying out business activities , that member state should be able to require evidence of the business purpose of the stay , such as invitations , entry tickets , or documents describing the business activities of the company and the position of the eu blue card holder in the company . __________________ 44 regulation 2016 / 399 of the european parliament and of the council of 9 march 2016 on a union code on the rules governing the movement of persons across borders . ### where the eu blue card is issued by a member state not applying the schengen acquis in full and the eu blue card holder , in the mobility situations provided for in this directive , crosses an external border within the meaning of regulation 2016 / 399 of the european parliament and of the council44 , a member state should be entitled to require evidence that the eu blue card holder is entering its territory either for the purpose of business activities or in order to reside and work there under the eu blue card . __________________ 44 regulation 2016 / 399 of the european parliament and of the council of 9 march 2016 on a union code on the rules governing the movement of persons across borders .


### where the eu blue card issued by the first member state expires during the procedure , the second member state may issue , if so required by national law , national temporary residence permits , or equivalent authorisations , allowing the applicant to continue to stay legally on its territory until a decision on the application has been taken by the competent authorities . ### where the eu blue card issued by the first member state expires during the notification procedure , the second member state may issue , if so required by national law , national temporary residence permits , or equivalent authorisations , allowing the applicant to continue to stay legally on its territory until a decision on the renewal of the eu blue card has been taken by the competent authorities .


### 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 . ### eu blue card holders should be allowed to move to a second member state under their eu blue card subject to notifying the second member state of the fact that they are moving to that second member state for the purposes of employment under the eu blue card . second member states should not be allowed to require from eu blue card holders any authorisation other than the eu blue card issued by the first member state . once the eu blue card holder has submitted his or her notification within the deadline provided for in this directive , they should be allowed to begin employment . the second member state should retain the right to object to the mobility , but the procedure should be simplified ; 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 , a work contract should always be required in the second member state , all the conditions in applicable laws , collective agreements or practices in the relevant occupational branch should be met , and , if relevant , the salary should meet the threshold set by the second member state in accordance with this directive .


### any decision to reject an application for an eu blue card or to withdraw or refuse to renew an eu blue card should take into consideration the specific circumstances of the case and respect the principle of proportionality . in particular , where the ground for rejection is related to the activity of the employer , a minor misconduct should not in any case constitute the sole ground for rejecting an application or withdrawing or refusing to renew the permit . ### any decision to reject an application for an eu blue card or to withdraw or refuse to renew an eu blue card should take into consideration the specific circumstances of the case and be proportionate . in particular , where the ground for rejection , withdrawal or refusal to renew is related to the conduct of the employer , minor misconduct of the employer should not in any case constitute the sole ground for rejecting an application or withdrawing or refusing to renew the permit .


### professional qualifications acquired by a third - country national in another member state should be recognised in the same way as those of union citizens . qualifications acquired in a third country should be taken into account in accordance with directive 2005 / 36 / ec of the european parliament and of the council42 . where a third - country national is applying for an eu blue card to practice an unregulated profession , member states should avoid excessive formal requirements and full recognition procedures regarding qualifications , wherever sufficient evidence can be otherwise obtained . __________________ 42 directive 2005 / 36 / ec of the european parliament and of the council of 7 september 2005 on the recognition of professional qualifications . ### qualifications acquired by a third - country national in another member state should be recognised in the same way as those of union citizens . qualifications acquired in a third country should be taken into account in accordance with directive 2005 / 36 / ec of the european parliament and of the council42 . where a third - country national is applying for an eu blue card to practice an unregulated profession , member states should avoid excessive formal requirements and full recognition procedures regarding qualifications , wherever sufficient evidence can be otherwise obtained . __________________ 42 directive 2005 / 36 / ec of the european parliament and of the council of 7 september 2005 on the recognition of professional qualifications .


### the second member state may reject an application for an eu blue card on the basis of a check made in accordance with article 6 after a justified notification as set out in that article , and only if the second member state has also introduced such checks for third - country nationals coming from third countries under this directive . ### where a second member state objects to mobility , that objection shall not affect the renewal of the eu blue or the re - entry of the eu blue card holder and his or her family members to the first member state . upon request of the second member state , the first member state shall allow such re - entry without formalities and without delay . this shall also apply if the eu blue card issued by the first member state has expired or has been withdrawn during the notification period . the eu blue card holder or his or her employer in the second member state may be held liable for the costs relating to the re - entry of the eu blue card holder and his or her family members .


### the second member state may reject an application for an eu blue card where the third - country national repetitively makes use of the possibility to enter and work in second member states pursuant to this article in an abusive manner . the second member state shall notify the first member state of the rejection for the purpose of point of article 7 . ### where the eu blue card holder , has exercised mobility pursuant to this article and wishes to renew the eu blue card and to continue working in the second member state , the eu blue card holder or his or her employer shall apply for renewal in that second member state . if he or she applies for renewal in the first member state , he or she will be required to work for 12 months in that first member state before exercising his or her right to long - term mobility again , in accordance with paragraph 1 .


### withdrawal or non - renewal of the eu blue card ### withdrawal of the eu blue card


### who seek 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 ; ### who seek protection in accordance with the 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 the national law , international obligations or practice of the member state and who are not entitled to access the labour market in that member state under the relevant national law ;


### 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 . ### where the employer has been recognised in accordance with article 12 , the notification shall be made at the latest within 15 days of the date of submission of the application .


### the employer has failed to meet its legal obligations regarding social security , taxation , labour rights or working conditions ; ### where the employer has failed to meet its legal obligations regarding social security , taxation , labour rights or working conditions ;


### the third - country national no longer holds a valid work contract for highly skilled employment or the qualifications required by points and of article 5 or his or her salary no longer meets the salary threshold as set in accordance with article 5 , or , as applicable , without prejudice to article 14 . ### the third - country national no longer holds a valid work contract for highly skilled employment or the qualifications required by points and of article 5 or , where relevant , his or her salary no longer meets the salary threshold as set in accordance with article 5 , or , as applicable , without prejudice to the situation in which the third - country national is unemployed .


### member states may withdraw or refuse to renew an eu blue card issued on the basis of this directive in any of the following cases : ### member states may withdraw an eu blue card issued on the basis of this directive :


### 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 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 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 . ### 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 of the treaty . as article 79 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 .


### member states shall communicate to the commission each year and upon each modification , the factor they have decided to set for determining the annual salary thresholds , and the resulting nominal amounts , in accordance with article 5 , and . ### where member states establish a salary threshold , they shall communicate to the commission each year and upon each modification , the factor they have decided to set for determining the annual salary thresholds , and the resulting nominal amounts , in accordance with article 5 , and .


### 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 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 . 33 recommendation of the european parliament and of the council of 18 december 2006 on key competences for lifelong learning . ### 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 33acquired 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 , the transposition period for this directive should take account of that factor to enable member states , where necessary , to develop such mechanisms and arrangements . member states should consult the social partners when developing 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 . 33 recommendation of the european parliament and of the council of 18 december 2006 on key competences for lifelong learning .


### application for an eu blue card in a second member state ### long - term mobility for eu blue card holders


### member states shall set a standard period of validity for the eu blue card , which shall be at least 24 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 24 months . ### member states shall set a standard period of validity for the eu blue card , which shall be at least 36 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 36 months .


### where the eu blue card issued by the first member state expires during the procedure , the second member state may issue , if so required by national law , national temporary residence permits , or equivalent authorisations , allowing the applicant to continue to stay legally on its territory until a decision on the application has been taken by the competent authorities . ### where the eu blue card issued by the first member state expires during the notification procedure , the second member state may issue , if so required by national law , national temporary residence permits , or equivalent authorisations , allowing the applicant to continue to stay legally on its territory until a decision on the renewal of the eu blue card has been taken by the competent authorities .


### without prejudice to paragraph 1 , any decision to withdraw or refuse to renew an eu blue card shall take account of the specific circumstances of the case and respect the principle of proportionality . ### without prejudice to paragraph 1 , any decision to withdraw an eu blue card taken pursuant to paragraph 2 shall take account of the specific circumstances of the case and shall be proportionate .


### the rules on processing times for eu blue card applications should guarantee the swift issuance of permits in all cases . the processing time for examining the application for an eu blue card should not include the time required for the recognition of professional qualifications , where applicable , or the time required for issuing a visa , if required . ### the rules on processing times for eu blue card applications should reflect the objective of facilitating the admission of highly skilled third - country nationals . the processing time for examining the application for an eu blue card should not include the time required for the recognition of professional qualifications , where applicable , or the time required for issuing a visa , if required .


### favourable conditions for family reunification and unhindered access to work for spouses should be a fundamental element of this directive in order to facilitate the attraction of highly skilled workers . specific derogations from council directive 2003 / 86 / ec should be provided for in order to reach this aim . conditions related to integration or waiting periods should not be applied before allowing family reunification , as highly skilled workers and their families are likely to have favourable starting point regarding integration in the host community . with the aim of facilitating the swift entry of highly skilled workers , residence permits to their family members should be issued at the same time as the eu blue card , where the relevant conditions are fulfilled and the applications were lodged simultaneously . ### favourable conditions for family reunification and unhindered access to work for spouses should be a fundamental element of this directive in order to facilitate the attraction of highly skilled workers . specific derogations from council directive 2003 / 86 / ec should be provided for in order to reach this aim . in order to increase the attractiveness of the eu blue card , conditions related to integration or waiting periods should not be applied before allowing family reunification , bearing in mind that an eu blue card holder already has a work contract or binding job offer in highly - skilled employment upon arrival . with the aim of facilitating the swift entry of highly skilled workers , residence permits to their family members should be issued at the same time as the eu blue card , where the relevant conditions are fulfilled and the applications were lodged simultaneously .


### member states should reject applications for an eu blue card and be allowed to withdraw or refuse to renew an eu blue card if there is a threat to public policy , public security or public health . 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 . ### 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 where there is a threat to public policy , public security or public health . 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 a ground for withdrawing an eu blue card . illness or disability suffered during the period when the third - country national is an eu blue card holder should not constitute the sole ground for objecting to mobility to a second member state or for refusing to renew an eu blue card .


### 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 should be able to take into account the situation of its labour market before issuing an eu blue card . ### 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 . in circumstances where the domestic labour market suffers an acute 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 .


### - has the required competence , as proven by higher professional qualifications . ### - has the required qualifications or skills as attested by evidence of higher education qualifications or higher professional skills ;


### member states may decide to 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 . ### member states shall 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 . member states shall provide clear and transparent information to the employers concerned .


### member states shall provide for measures to prevent possible abuses . those measures may include monitoring , assessment at regular intervals and , where appropriate , inspection in accordance with national law or administrative practice . ### member states shall monitor and assess at regular intervals the functioning and effectiveness of the recognition procedures for employers under paragraph 1 . to that end , they shall , where appropriate , carry out inspections in accordance with national law or administrative practice .


### 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 . ### eu blue card holders should be allowed to move to a second member state under their eu blue card subject to notifying the second member state of the fact that they are moving to that second member state for the purposes of employment under the eu blue card . second member states should not be allowed to require from eu blue card holders any authorisation other than the eu blue card issued by the first member state . once the eu blue card holder has submitted his or her notification within the deadline provided for in this directive , they should be allowed to begin employment . the second member state should retain the right to object to the mobility , but the procedure should be simplified ; 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 , a work contract should always be required in the second member state , all the conditions in applicable laws , collective agreements or practices in the relevant occupational branch should be met , and , if relevant , the salary should meet the threshold set by the second member state in accordance with this directive .


### 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 , the 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 . ### 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 , the provisions on equal treatment and family reunification of this directive should not apply . persons who are beneficiaries of international protection in a member state , and who become eu blue card holders in another should enjoy the same rights including equality of treatment with nationals of the member state of residence and family reunification rights as any other eu blue card holders in that member state . applicants for international protection should enjoy the same rights , including equality of treatment with nationals of the member state of residence and family reunification rights , as any other eu blue card holders in that member state , irrespective of the member state in which they have lodged their application for international protection .


### the second member state shall reject an application for an eu blue card in any of the following cases : ### within 30 days of the date of receipt of the notification , the second member state may object to the mobility in any of the following cases :


### 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 . ### member states should be allowed to withdraw or refuse to renew an eu blue card where the eu blue card holder has failed to comply with the conditions for mobility under this directive .


### by way of derogation from the first subparagraph of article 5 of directive 2003 / 86 / ec , where the conditions for family reunification are fulfilled and the applications were submitted simultaneously , residence permits for family members shall be granted at the same time as the eu blue card . where the family members join the eu blue card holder after the eu blue card has been granted to him or her and where the conditions for family reunification are fulfilled , residence permits shall be granted at the latest within 60 days from the date on which the application was submitted . ### by way of derogation from the first subparagraph of article 5 of directive 2003 / 86 / ec , where the conditions for family reunification are fulfilled and the applications were submitted simultaneously , residence permits for family members shall be granted at the same time as the eu blue card . where the family members join the eu blue card holder after the eu blue card has been granted to him or her and where the conditions for family reunification are fulfilled , residence permits shall be granted at the latest within 30 days from the date on which the application was submitted .


### the eu blue card holder shall be allowed to work in the second member state immediately after submitting the application . ### the eu blue card holder shall be allowed to work in the second member state immediately after submitting the notification .


### “business activity” means a temporary activity related to the business interests of the employer , such as 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 ; ### “business activity” means a temporary activity related to the business interests of the employer , such as attending internal and external business meetings , attending conferences and seminars , negotiating business deals , undertaking sales or marketing activities ;


### as soon as possible and no later than one month after entering the territory of the second member state , the eu blue card holder or his employer or both shall submit an application for an eu blue card to the competent authority of that member state and present all the documents proving the fulfilment of the conditions referred to in paragraph 3 for the second member state . ### as soon as possible and no later than one month after entering the territory of the second member state , the eu blue card holder or his or her employer or both shall notify the competent authority of that second member state of his or her employment in that member state and shall present the documents required under paragraph 3 .


### where the documents presented have been fraudulently acquired , or falsified or tampered with . ### where the third - country national is considered to pose a threat to public policy , public security or public health .


### the second member state may reject an application for an eu blue card where the third - country national repetitively makes use of the possibility to enter and work in second member states pursuant to this article in an abusive manner . the second member state shall notify the first member state of the rejection for the purpose of point of article 7 . ### where the eu blue card holder , has exercised mobility pursuant to this article and wishes to renew the eu blue card and to continue working in the second member state , the eu blue card holder or his or her employer shall apply for renewal in that second member state . if he or she applies for renewal in the first member state , he or she will be required to work for 12 months in that first member state before exercising his or her right to long - term mobility again , in accordance with paragraph 1 .


### any decision to reject an application for an eu blue card or to withdraw or refuse to renew an eu blue card should take into consideration the specific circumstances of the case and respect the principle of proportionality . in particular , where the ground for rejection is related to the activity of the employer , a minor misconduct should not in any case constitute the sole ground for rejecting an application or withdrawing or refusing to renew the permit . ### any decision to reject an application for an eu blue card or to withdraw or refuse to renew an eu blue card should take into consideration the specific circumstances of the case and be proportionate . in particular , where the ground for rejection , withdrawal or refusal to renew is related to the conduct of the employer , minor misconduct of the employer should not in any case constitute the sole ground for rejecting an application or withdrawing or refusing to renew the permit .


### evidence of meeting the salary threshold set in the second member state in application of paragraph 2 or , where applicable , of paragraphs 4 or 5 of article 5 . ### where necessary , evidence of meeting the salary threshold set in the second member state in application of article 5 5 or , where applicable , of article 5 or .


### a simplified procedure for employers which have been recognised for that purpose should be provided , optional for member states . the status of recognised employer should bring specific facilitation in terms of procedures and admission conditions – amounting to a simplified procedure – under this directive and member states should include sufficient safeguards against abuse . where the status of recognised employer is withdrawn during the period of validity of an eu blue card issued under the simplified procedure , regular admission conditions should apply upon renewing that eu blue card , unless the third - country national concerned is employed by another recognised employer . ### a simplified procedure for employers which have been recognised for that purpose should be provided . the status of recognised employer should bring specific facilitation in terms of procedures and admission conditions – amounting to a simplified procedure – under this directive and member states should include sufficient safeguards against abuse . where the status of recognised employer is withdrawn during the period of validity of an eu blue card issued under the simplified procedure , regular admission conditions should apply upon renewing that eu blue card , unless the third - country national concerned is employed by another recognised employer .


### without prejudice to paragraph 1 , any decision to withdraw or refuse to renew an eu blue card shall take account of the specific circumstances of the case and respect the principle of proportionality . ### without prejudice to paragraph 1 , any decision to withdraw an eu blue card taken pursuant to paragraph 2 shall take account of the specific circumstances of the case and shall be proportionate .


### business activity in a second member state ### short - term mobility for eu blue card holders


### member states shall determine whether applications for an eu blue card are to be made by the third - country national or by the employer . member states may also allow an application from either of the two . ### member states shall allow applications for an eu blue card from either the third - country national or by the employer . where an application involves a recognised employer in accordance with article 12 , the employer shall lodge the application . an application made by the employer shall not restrict the procedural rights enjoyed by the third - country national seeking the eu blue card during the application procedure , or the rights enjoyed by the eu blue card holder during the period of employment or the eu blue card renewal procedure .


### who seek 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 ; __________________ 47 council directive 2001 / 55 / ec of 20 july 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between member states in receiving such persons and bearing the consequences thereof . ### who seek 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 , and who are not entitled to access the labour market while awaiting that decision in accordance with article 15 of directive 2013 / 33 / eu47a ; __________________ 47 council directive 2001 / 55 / ec of 20 july 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between member states in receiving such persons and bearing the consequences thereof . 47a directive 2013 / 33 / eu of the european parliament and of the council of 26 june 2013 laying down standards for the reception of applicants for international protection .


### member states shall withdraw or refuse to renew an eu blue card where : ### member states shall withdraw an eu blue card where :


### application for an eu blue card in a second member state ### long - term mobility for eu blue card holders


### member states shall facilitate the validation and recognition of documents attesting the relevant higher professional qualifications pursuant to point of paragraph 1 . ### member states shall facilitate the validation and recognition of documents attesting the relevant higher education qualifications and higher professional skills pursuant to point of paragraph 1 .


### 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 health . ### the second member state shall inform the first member state in writing at the same time as informing the eu blue card holder , his or her employer , or both , of any objection to mobility and may oblige the eu blue card holder and his or her family members , in accordance with procedures provided for in national law , to leave its territory .


### 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 . ### eu blue card holders should be allowed to move to a second member state under their eu blue card subject to notifying the second member state of the fact that they are moving to that second member state for the purposes of employment under the eu blue card . second member states should not be allowed to require from eu blue card holders any authorisation other than the eu blue card issued by the first member state . once the eu blue card holder has submitted his or her notification within the deadline provided for in this directive , they should be allowed to begin employment . the second member state should retain the right to object to the mobility , but the procedure should be simplified ; 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 , a work contract should always be required in the second member state , all the conditions in applicable laws , collective agreements or practices in the relevant occupational branch should be met , and , if relevant , the salary should meet the threshold set by the second member state in accordance with this directive .


### for the purpose of residence of beneficiaries of international protection across member states , it is necessary to ensure that member states other than the one which issued 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 . ### for the purpose of residence of beneficiaries of international protection or the relevant category of applicants for international protection across the member states , it is necessary to ensure that member states other than the one which issued international protection , or the one that is responsible for the application for international protection , are informed of the protection or application background of the persons concerned in order to enable member states to comply with their obligations regarding the principle of non - refoulement .


### the level of fees required by member states for the processing of applications shall not be disproportionate or excessive . ### 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 .


### member states shall provide for measures to prevent possible abuses . those measures may include monitoring , assessment at regular intervals and , where appropriate , inspection in accordance with national law or administrative practice . ### member states shall monitor and assess at regular intervals the functioning and effectiveness of the recognition procedures for employers under paragraph 1 . to that end , they shall , where appropriate , carry out inspections in accordance with national law or administrative practice .


### 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 the area of labour migration . ### an eu - wide admission system to attract and retain highly skilled workers into the union should be created . 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 the area of labour migration .


### 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 professional qualifications . ### it is necessary to provide for a flexible admission system based on objective criteria , such as a work contract or a binding job offer of at least 6 months , compliance with the applicable laws , collective agreements or national practices in the relevant occupational branches , the option of a salary threshold adaptable by the member states to the situation in its labour market and higher education qualifications or higher professional skills .


### 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 . ### member states should be allowed to withdraw or refuse to renew an eu blue card where the eu blue card holder has failed to comply with the conditions for mobility under this directive .


### the application may also be submitted to the competent authorities of the second member state while the eu blue card holder is still residing in the territory of the first member state . ### the notification may also be submitted to the competent authorities of the second member state while the eu blue card holder is still residing in the territory of the first member state .


### by way of derogation from article 10 , the second member state shall adopt a decision on an application for an eu blue card and notify the applicant and the first member state in writing at the latest within 30 days of the date of submission of the application of its decision to either : ### by way of derogation from article 10 , the second member state shall adopt a decision on the notification and inform the eu blue card holder and the first member state in writing at the latest within 30 days of the date of submission of the notification of its decision to either :


### where the eu blue card holder moves to a second member state to apply for an eu blue card and he or she is accompanied by family members , that member state should be able to require evidence of their lawful residence in the first member state . besides , in case of crossing of an external border within the meaning of regulation 2016 / 399 , the members states applying the schengen acquis in full should consult the schengen information system and should refuse entry or object to the mobility of persons for whom an alert for the purposes of refusing entry or stay , as referred to in regulation no 1987 / 2006 of the european parliament and of the council45 , has been issued in that system . __________________ 45 regulation no 1987 / 2006 of the european parliament and of the council of 20 december 2006 on the establishment , operation and use of the second generation schengen information system . ### where the eu blue card holder moves to a second member state to apply for an eu blue card and he or she is accompanied by family members , that member state should be able to require the family members to present their residence permits issued in the first member state . in case of crossing of an external border within the meaning of regulation 2016 / 399 , the members states applying the schengen acquis in full should consult the schengen information system and should refuse entry or object to the mobility of persons for whom an alert for the purposes of refusing entry or stay , as referred to in regulation no 1987 / 2006 of the european parliament and of the council45 , has been issued in that system . __________________ 45 regulation no 1987 / 2006 of the european parliament and of the council of 20 december 2006 on the establishment , operation and use of the second generation schengen information system .


### in order to ensure a sufficient level of harmonisation in the admission conditions throughout the union , both minimum and maximum factors for calculating the salary 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 policies . ### in order to ensure sufficient transparency and a degree of harmonisation in admission conditions , where member states establish a salary threshold , both minimum and maximum factors for calculating the salary 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 policies .


### for the purposes of the application referred to in paragraph 2 , the eu blue card holder shall present : ### for the purposes of the notification referred to in paragraph 2 , the eu blue card holder shall present :


### - has the required competence , as proven by higher professional qualifications . ### - has the required qualifications or skills as attested by evidence of higher education qualifications or higher professional skills ;


### where the conditions laid down in this article are fulfilled , issue an eu blue card and allow the third - country national to reside on its territory for the purpose of highly skilled employment ; or ### where the conditions laid down in this article are fulfilled , not to object to mobility ; or


### member states may withdraw or refuse to renew an eu blue card issued on the basis of this directive in any of the following cases : ### member states may withdraw an eu blue card issued on the basis of this directive :


### member states shall set a standard period of validity for the eu blue card , which shall be at least 24 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 24 months . ### member states shall set a standard period of validity for the eu blue card , which shall be at least 36 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 36 months .


### member states shall determine whether applications for an eu blue card are to be made by the third - country national or by the employer . member states may also allow an application from either of the two . ### member states shall allow applications for an eu blue card from either the third - country national or by the employer . where an application involves a recognised employer in accordance with article 12 , the employer shall lodge the application . an application made by the employer shall not restrict the procedural rights enjoyed by the third - country national seeking the eu blue card during the application procedure , or the rights enjoyed by the eu blue card holder during the period of employment or the eu blue card renewal procedure .


### 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 . ### eu blue card holders should be allowed to move to a second member state under their eu blue card subject to notifying the second member state of the fact that they are moving to that second member state for the purposes of employment under the eu blue card . second member states should not be allowed to require from eu blue card holders any authorisation other than the eu blue card issued by the first member state . once the eu blue card holder has submitted his or her notification within the deadline provided for in this directive , they should be allowed to begin employment . the second member state should retain the right to object to the mobility , but the procedure should be simplified ; 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 , a work contract should always be required in the second member state , all the conditions in applicable laws , collective agreements or practices in the relevant occupational branch should be met , and , if relevant , the salary should meet the threshold set by the second member state in accordance with this directive .


### the employer has been sanctioned for employment of illegally staying third - country nationals in accordance with article 9 of directive 2009 / 52 / ec of the european parliament and of the council51 , or for undeclared work or illegal employment according to national law . __________________ 51 directive 2009 / 52 / ec of the european parliament and of the council of 18 june 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third - country nationals . ### where the employer has been sanctioned for employment of illegally staying third - country nationals in accordance with article 9 of directive 2009 / 52 / ec of the european parliament and of the council51 , or for undeclared work or illegal employment according to national law ; __________________ 51 directive 2009 / 52 / ec of the european parliament and of the council of 18 june 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third - country nationals .


### the transfer of responsibility for protection of beneficiaries of international protection is outside the scope of this directive : the protection status and the rights associated with it should not be transferred to another member state on the basis of the issuance of an eu blue card . ### the transfer of responsibility for protection of beneficiaries of international protection or applications for international protection is outside the scope of this directive : those statuses and the rights associated with them should not be transferred to another member state on the basis of the issuance of an eu blue card .


### 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 professional qualifications . ### 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 12 months , a salary threshold adaptable by the member states to the situation in its labour market and higher professional qualifications .


### where the eu blue card holder moves to a second member state in accordance with article 20 and where the family was already constituted in the first member state , the members of his or her family shall be authorised to accompany him or her and to enter and stay in the second member state based on the valid residence permits obtained as family members of an eu blue card holder in the first member state . ### where the eu blue card holder moves to a second member state in accordance with article 20 and where the family has joined the eu blue card holder or where the family has been constituted in the first member state , the members of the eu blue card holder ' s family shall be entitled to accompany him or her and to enter and stay in the second member state based on valid residence permits obtained as family members of the eu blue card holder in the first member state . where the eu blue card is issued by a member state not applying the schengen acquis in full and the family members of an eu blue card holder join him or her when crossing an external border for the purpose of moving to a second member state , the second member state shall be entitled to require that family members present their residence permits in the first member state as family members of the eu blue card holder .


### the level of fees required by member states for the processing of applications shall not be disproportionate or excessive . ### member states may require the payment of fees for the handling of applications in accordance with this directive . the level of fees required by member states for the processing of applications shall not be disproportionate or excessive .


### evidence of meeting the salary threshold set in the second member state in application of paragraph 2 or , where applicable , of paragraphs 4 or 5 of article 5 . ### where necessary , evidence of meeting the salary threshold set in the second member state in application of article 5 5 or , where applicable , of article 5 or .


### as soon as possible and no later than one month after entering the territory of the second member state , the eu blue card holder or his employer or both shall submit an application for an eu blue card to the competent authority of that member state and present all the documents proving the fulfilment of the conditions referred to in paragraph 3 for the second member state . ### as soon as possible and no later than one month after entering the territory of the second member state , the eu blue card holder or his or her employer or both shall notify the competent authority of that second member state of his or her employment in that member state and shall present the documents required under paragraph 3 .


### member states should reject applications for an eu blue card and be allowed to withdraw or refuse to renew an eu blue card if there is a threat to public policy , public security or public health . 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 . ### 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 where there is a threat to public policy , public security or public health . 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 a ground for withdrawing an eu blue card . illness or disability suffered during the period when the third - country national is an eu blue card holder should not constitute the sole ground for objecting to mobility to a second member state or for refusing to renew an eu blue card .


### 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 should be able to take into account the situation of its labour market before issuing an eu blue card . ### 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 . in circumstances where the domestic labour market suffers an acute 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 .


### 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 , the 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 . ### 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 , the provisions on equal treatment and family reunification of this directive should not apply . persons who are beneficiaries of international protection in a member state , and who become eu blue card holders in another should enjoy the same rights including equality of treatment with nationals of the member state of residence and family reunification rights as any other eu blue card holders in that member state . applicants for international protection should enjoy the same rights , including equality of treatment with nationals of the member state of residence and family reunification rights , as any other eu blue card holders in that member state , irrespective of the member state in which they have lodged their application for international protection .


### in order to ensure a sufficient level of harmonisation in the admission conditions throughout the union , both minimum and maximum factors for calculating the salary 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 policies . ### in order to ensure sufficient transparency and a degree of harmonisation in admission conditions , where member states establish a salary threshold , both minimum and maximum factors for calculating the salary 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 policies .


### 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 professional qualifications . ### it is necessary to provide for a flexible admission system based on objective criteria , such as a work contract or a binding job offer of at least 6 months , compliance with the applicable laws , collective agreements or national practices in the relevant occupational branches , the option of a salary threshold adaptable by the member states to the situation in its labour market and higher education qualifications or higher professional skills .


### 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 . ### where the third - country national fails to comply with the conditions of mobility under this chapter ;


### 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 60 days of the date of submission of the application . ### 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 30 days of the date of submission of the application .


### member states shall reject an application for an eu blue card in any of the following cases : ### member states shall reject an application for an eu blue card :


### without prejudice to paragraph 1 , any decision to reject an application shall take account of the specific circumstances of the case and respect the principle of proportionality . ### any decision to reject an application pursuant to paragraph 3 shall take account of the specific circumstances of the case and shall be proportionate .


### who seek 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 ; __________________ 47 council directive 2001 / 55 / ec of 20 july 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between member states in receiving such persons and bearing the consequences thereof . ### who seek 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 , and who are not entitled to access the labour market while awaiting that decision in accordance with article 15 of directive 2013 / 33 / eu47a ; __________________ 47 council directive 2001 / 55 / ec of 20 july 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between member states in receiving such persons and bearing the consequences thereof . 47a directive 2013 / 33 / eu of the european parliament and of the council of 26 june 2013 laying down standards for the reception of applicants for international protection .


### 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 12 months and do so again for every subsequent 12 month period . member states may involve social 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 . 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 . ### in the event that a member state decides to make use of this possibility for a given occupation or sector , possibly in a particular part of their territory , it 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 six months and do so again for every subsequent six month period . member states should involve social partners in the assessment of the circumstances related to the domestic labour market . this labour market test should not be possible where an eu blue card holder seeks to renew his or her eu blue card in the first member state . where a third - country national notifies a second member state of his or her intention to take up work in that member state , taking into account the situation of the labour market when objecting to such a notification 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 . 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 .


### the transfer of responsibility for protection of beneficiaries of international protection is outside the scope of this directive : the protection status and the rights associated with it should not be transferred to another member state on the basis of the issuance of an eu blue card . ### the transfer of responsibility for protection of beneficiaries of international protection or applications for international protection is outside the scope of this directive : those statuses and the rights associated with them should not be transferred to another member state on the basis of the issuance of an eu blue card .


### member states may decide to 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 . ### member states shall 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 . member states shall provide clear and transparent information to the employers concerned .


### 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 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 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 2016 / 801 . __________________ 37 directive 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 . ### 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 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 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 2016 / 801 . equally , legally residing eu blue card holders should be entitled to apply to reside as researchers under directive 2016 / 801 . the provisions of that directive should be clarified so as to ensure such a possibility . __________________ 37 directive 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 .


### while some special rules are provided in this directive regarding entry and stay in a second member state for the purpose of business activity , as well as moving to a second member state to apply for a new eu blue card in its territory , all the other rules governing the movement of persons across borders as laid down in the relevant provisions of the schengen acquis apply . ### while some special rules are provided in this directive regarding entry and stay in a second member state for the purpose of business activity , as well as moving to a second member state to reside and work there under the eu blue card in its territory , all the other rules governing the movement of persons across borders as laid down in the relevant provisions of the schengen acquis apply .


### for unregulated professions , present evidence attesting higher professional qualifications ; ### for unregulated professions present evidence attesting higher education qualifications or higher professional skills ;


### the employer ' s business is being or has been wound up under national insolvency laws or no economic activity is taking place ; or ### where the employer ' s business is being or has been wound up under national insolvency laws or no economic activity is taking place ;


### beneficiaries of international protection as defined in article 2 of directive 2011 / 95 / eu of the european parliament and of the council34 have a wide set of rights including labour market access in the member state having granted them 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 . __________________ 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 . 35 council directive 2003 / 86 / ec of 22 september 2003 on the right to family reunification . ### beneficiaries of international protection and certain categories of applicants for international protection have a set of rights including labour market access in the member state having granted them protection or responsible for 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 , or applicant for 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 refugees who are 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 . __________________ 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 . 35 council directive 2003 / 86 / ec of 22 september 2003 on the right to family reunification .


### for the purpose of residence of beneficiaries of international protection across member states , it is necessary to ensure that member states other than the one which issued 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 . ### for the purpose of residence of beneficiaries of international protection or the relevant category of applicants for international protection across the member states , it is necessary to ensure that member states other than the one which issued international protection , or the one that is responsible for the application for international protection , are informed of the protection or application background of the persons concerned in order to enable member states to comply with their obligations regarding the principle of non - refoulement .


### without prejudice to paragraph 1 , any decision to withdraw or refuse to renew an eu blue card shall take account of the specific circumstances of the case and respect the principle of proportionality . ### without prejudice to paragraph 1 , any decision to withdraw an eu blue card taken pursuant to paragraph 2 shall take account of the specific circumstances of the case and shall be proportionate .


### evidence of meeting the salary threshold set in the second member state in application of paragraph 2 or , where applicable , of paragraphs 4 or 5 of article 5 . ### where necessary , evidence of meeting the salary threshold set in the second member state in application of article 5 5 or , where applicable , of article 5 or .


### by way of derogation from article 10 , the second member state shall adopt a decision on an application for an eu blue card and notify the applicant and the first member state in writing at the latest within 30 days of the date of submission of the application of its decision to either : ### by way of derogation from article 10 , the second member state shall adopt a decision on the notification and inform the eu blue card holder and the first member state in writing at the latest within 30 days of the date of submission of the notification of its decision to either :


### member states shall determine whether applications for an eu blue card are to be made by the third - country national or by the employer . member states may also allow an application from either of the two . ### member states shall allow applications for an eu blue card from either the third - country national or by the employer . where an application involves a recognised employer in accordance with article 12 , the employer shall lodge the application . an application made by the employer shall not restrict the procedural rights enjoyed by the third - country national seeking the eu blue card during the application procedure , or the rights enjoyed by the eu blue card holder during the period of employment or the eu blue card renewal procedure .