Proposal for a Council Directive on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment {SEC(2007) 1382} {SEC(2007) 1403}
Date: 2007-10-23
Institutions: European Commission
Subjects: EU migration policy, foreign national, labour law, residence permit, skilled worker

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 23.10.2007 
COM(2007) 637 final 

2007/0228 (CNS) 

Proposal for a 

COUNCIL DIRECTIVE 

on the conditions of entry and residence of third-country nationals for the purposes of 
highly qualified employment 

(presented by the Commission) 

{SEC(2007) 1382} 
{SEC(2007) 1403} 

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EXPLANATORY MEMORANDUM 

1)  CONTEXT OF THE PROPOSAL 

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•  Grounds for and objectives of the proposal 

This  proposal  forms  part  of  the  EU  efforts  to  develop  a  comprehensive  immigration 
policy.  The  Hague  Programme  of  November  2004,  recognised  that  "legal  migration 
will play an important role in enhancing the knowledge-based economy in Europe, in 
advancing economic development, and thus contributing to the implementation of the 
Lisbon strategy", and asked the Commission to present a policy plan on legal migration 
"including  admission  procedures,  capable  of  responding  promptly  to  fluctuating 
demands  for  migrant  labour  in  the  labour  market".  The  December  2006  European 
Council agreed on a series of steps to be taken during 2007, including to "develop, as 
far as legal migration is concerned, well-managed migration policies, fully respecting 
national competences, to assist Member States to meet existing and future labour needs 
(…) the forthcoming Commission proposals within the framework of the Policy Plan 
on Legal Migration of December 2005 should be rapidly examined". 

This proposal is presented – together with the proposal for a "framework directive" – in 
accordance with the December 2005 Commission Communication on a Policy Plan on 
Legal Migration (COM(2005) 669), that foresaw the adoption between 2007 and 2009 
of five legislative proposals on labour immigration. This approach aims at laying down 
admission  conditions  for  specific  categories  of  migrants  (highly  qualified  workers, 
seasonal  workers,  remunerated  trainees  and  intra-corporate  transferees)  on  the  one 
hand  and  securing  the  legal  status  of  already  admitted  third-country  workers  and 
introducing procedural simplifications for the applicants on the other. 

The  present  proposal  seeks  to  respond  to  the  above  political  mandates.  It  aims,  in 
particular,  to  improve  the  EU's  ability  to  attract  and  -  where  necessary  -  retain  third-
country highly qualified workers so as to increase the contribution of legal immigration 
to  enhancing  the  competitiveness  of  the  EU  economy  by  complementing  the  set  of 
other measures the EU is putting in place to achieve the goals of the Lisbon Strategy. It 
specifically  aims  at  effectively  and  promptly  responding  to  fluctuating  demands  for 
highly qualified immigrant labour - and to offset present and upcoming skill shortages - 
by creating a level playing field at EU level to facilitate and harmonise the admission 
of this category of workers and by promoting their efficient allocation and re-allocation 
on the EU labour market. 

This  proposal  aims  to  fulfil  these  objectives  in  a  way  which  does  not  undermine  the 
ability of developing countries to deliver basic social services and to progress towards 
the  achievement  of  the  Millennium  Development  Goals  (MDGs).  As  such,  it  will 
include measures to promote circular migration. 

To achieve these objectives, the Commission proposes to create a common fast-track 
and flexible procedure for the admission of highly qualified third-country immigrants, 
as well as attractive residence conditions for them and their family members, including 
certain facilitations for those who would wish to move to a second Member State for 
highly qualified employment. 

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120 

•  General context 

With regard to economic immigration, the current situation and prospects of EU labour 
markets can be broadly described as a 'need' scenario. Some Member States are already 
experiencing substantial labour and skills shortages in certain sectors of the economy, 
which cannot be filled within the national labour markets and concern the full range of 
qualifications.  Eurostat  projections  indicate  that  in  the  EU  the  total  population  is 
expected to decline by 2025 and the working-age population by 2011, even if not all 
Member States will be affected to the same degree. Another element to consider is the 
continuous growth of employment in high-education sectors in respect to other sectors 
of  the  EU  economy.  Analysis  shows,  therefore,  that  the  EU  will  increasingly  need  a 
highly qualified workforce to sustain its economy, even though immigration cannot in 
itself be the solution. 

The EU as a whole, however, seems not to be considered attractive by highly qualified 
professionals in a context of very high international competition: for example, the EU 
is  the  main  destination  for  unskilled  to  medium-skilled  workers  from  the  Maghreb 
(87%  of  such  immigrants),  while  54%  of  the  highly  qualified  immigrants  from  these 
same countries reside in the USA and Canada. The attractiveness of the EU compared 
to  such  countries  suffers  from  the  fact  that  at  present  highly  qualified  migrants  must 
face 27 different admission systems, do not have the possibility of easily moving from 
one  country  to  another  for  work,  and  in  several  cases  lengthy  and  cumbersome 
procedures make them opt for non-EU countries granting more favourable conditions 
for entry and stay. The scale of the problem is difficult to quantify, as presently only 
ten Member States have specific schemes for admitting highly qualified workers and, 
as these schemes differ, data are not comparable. For the other Member States, specific 
statistics do not exist or are partial. Only very rough estimations can be provided: for 
example, around 74 300 professionals were admitted into 15 Member States in 2003. 
However, even where specific schemes exist, these are exclusively national and do not 
allow any facilitation for highly qualified third-country workers needing or wishing to 
move  to  another  Member  State  for  employment,  therefore  segmenting  the  EU  labour 
market and not allowing for more efficient (re-)allocation of the necessary workforce. 

Since  the  Tampere  European  Council  of  October  1999,  the  Commission  has  sought 
agreement  on  common  rules  for  economic  migration,  which  is  a  cornerstone  of  any 
immigration policy. In 2001 the Commission proposed a Directive on "the conditions 
of entry and residence of third-country nationals for the purpose of paid employment 
and  self-employed  economic  activities".  Whilst  the  other  European  Institutions  gave 
positive opinions, discussion in Council was limited to a first reading of the text, which 
was officially withdrawn in 2006. 

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•  Existing provisions in the area of the proposal 

Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-
country nationals who are long-term residents determines the conditions for conferring 
this status on third-country nationals legally residing in a Member State, and the terms 
under  which  a  long-term  resident  can  move  to  a  second  Member  State.  Council 
Directive  2003/86/EC  of  22  September  2003  on  the  right  to  family  reunification 
determines  the  conditions  under  which  this  right  can  be  exercised.  This  proposal 
derogates from these instruments insofar as it lays down provisions on the acquisition 

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the  EC  long-term  resident  status  which  would  not  penalise  highly  qualified  workers 
allowed  to  move  to  different  Member  States  for  highly  qualified  work,  and  as  it 
provides for more favourable conditions for family reunification and for a priority right 
to  move  to  a  second  Member  State  after  EC  long-term  resident  status  has  been 
acquired. 

In  parallel,  the  Commission  will  present  a  proposal  for  a  Directive  on  a  single 
application procedure for a single permit for third-country nationals to reside and work 
in  the  territory  of  a  Member  State  and  on  a  common  set  of  rights  for  third-country 
workers legally residing in a Member State. The two proposals have been drafted so as 
to be mutually compatible and consistent. 

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•  Consistency with the other policies and objectives of the Union 

Measures  to  attract  and  retain  highly  qualified  third-country  workers  under  a  needs-
based approach are part of the broader framework identified by the Lisbon Strategy and 
the Integrated Guidelines for Growth and Jobs, where both macro and microeconomic 
policies  are  clearly  identified  so  as  to  foster  the  EU's  competitiveness,  including  by 
attracting  more  people  into  employment,  improving  the  adaptability  of  workers  and 
enterprises,  as  well  as  the  flexibility  of  labour  markets.  However,  these  measures 
require time to deliver, while training the existing workforce (or other similar actions) 
will  in  most  cases  not  be  adequate  to  respond  to  EU  companies'  needs  for  doctors, 
engineers, etc. Highly qualified immigrants can thus be an asset. 

The  proposal  also  complies  with  EU's  development  policy  with  its  central  focus  on 
eradication of poverty and the achievement of MDGs. In this respect it recognizes that 
it may have different impact on different countries outside of the Union and seeks to 
minimize  negative  and  maximize  positive  impacts  of  highly  skilled  migration  on 
developing countries that already face lack of human resources in certain sectors. This 
instrument  must  be  regarded  within  the  broader  context  of  the  EU  development  and 
immigration  policies,  including  operational  measures,  funding,  agreements  already  in 
place or planned. 

This  proposal  complies  with  fundamental  rights,  as  it  recognises  and  safeguards  the 
rights  of  highly  qualified  immigrants  (and  their  family  members)  as  workers  and  as 
residents  in  the  EU,  including  procedural  guarantees  and  the  right  to  family  life. 
Personal data that authorities are required to handle when implementing this proposal 
will need to be processed in accordance with Directive 95/46/EC on the protection of 
individuals with regard to the processing of personal data. 

2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

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Consultation methods, main sectors targeted and general profile of respondents 

A  public  consultation  was  carried  out  with  the  Green  Paper  on  an  EU  approach  to 
managing  economic  migration.  All  the  relevant  contributions  are  available  on 
http://ec.europa.eu/justice_home/news/consulting_public/economic_migration/news_c
ontributions_economic_migration_en.htm).  A  public  hearing  was  held  on  14  June 
2005. 

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Further consultations were held by means of seminars and workshops. Member States 
were consulted within the framework of the Commission's Committee on Immigration 
and  Asylum.  Through  the  external  study  commissioned  to  support  the  impact 
assessment, further consultation of the main stakeholders was undertaken by means of 
questionnaires and interviews. 

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Summary of responses and how they have been taken into account 

The analysis of the contributions received showed general support for a common EU 
policy on economic immigration, albeit with important differences in the approach to 
be followed and in the expected end result. Some clear elements emerged, i.e. the need 
for  EU  common  rules  regulating  all  immigration  for  employment  or  at  least  the 
conditions  of  admission  for  some  key  categories  of  economic  immigrants  (highly 
qualified  and  seasonal  workers).  These  two  categories  were  considered  vital  for  EU 
competitiveness.  Another  clear  request  was  to  propose  simple,  non-bureaucratic  and 
flexible  solutions.  As  a  large  number  of  Member  States  were  not  in  favour  of  a 
horizontal  approach,  the  Commission  considered  that  a  sectorial  approach  was  more 
realistic and would better respond to the requests for flexibility. 

The  Commission  took  account  of  comments  made  on  its  Policy  Plan  on  Legal 
Migration and in connection with the study for the impact assessment. 

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•  Collection and use of expertise 

There was no need for external expertise. 

•  Impact assessment 

The following options were considered: 

Option A - status quo. Member States' immigration policies widely differ on admission 
of highly qualified workers. Such workers are increasingly needed to fill existing and 
arising gaps on the labour market, but the EU substantially fails in attracting them. In 
the absence of common action in this field, the situation may not substantially change. 

Option  B  -  to  establish  a  basic  common  policy  for  the  admission  of  highly  qualified 
workers.  A  minimum  set  of  entry  conditions  would  be  proposed,  leaving  to  Member 
States broad autonomy in defining the distinctive elements of their national legislation. 
Residence and work conditions would not be tackled. This option would have only a 
limited  effect  in  attracting  these  workers  or  in  improving  the  efficiency  of  the  EU 
labour market: the overall impact on the macroeconomic environment would be quite 
limited. 

Option C - to simplify the admission system, by setting up an EU point-system and a 
fast-track admission procedure, allowing immediate family reunification and creating a 
skill-matching  database.  This  option  could  strongly  promote  and  facilitate  the 
migration  of  third-country  highly  qualified  workers  to  the  EU.  However,  unless  the 
points  are  set  at  EU  level  (which  could  be  in  contrast  with  subsidiarity  for  the  time 
being), immigrants would continue to face very different admission conditions. 

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Option  D  -  to  establish  a  set  of  common  criteria  and  a  fast-track  procedure  for  entry 
plus favourable residence conditions (working and residence rights, immediate family 
reunification,  quicker  acquisition  of  EC  long-term  status,  etc.).  The  effective 
integration of third-country highly qualified workers into the labour market and society 
would  be  the  best  way  to  maximise  their  contribution  to  economic  growth  and 
competitiveness, and it would really improve the EU's ability to deal with the present 
and  expected  challenges.  However,  the  effects  of  such  a  policy  would  be  limited  to 
individual Member States. 

Option E1 - to foster intra-EU mobility through coordination of national priority lists 
and  by  creating  an  EU  Blue  Card  and  a  database  for  Blue  Card  holders.  Intra-EU 
mobility would be a strong incentive for third-country highly qualified workers to enter 
the EU labour market, and could play a primary role in relieving the labour shortages 
in certain areas/sectors. Further tools could help in matching labour supply and demand 
(i.e.  the  EU  Blue  Card  Database).  This  policy  option  could  achieve  notable  and 
positive  effects  on  labour  market  efficiency  and  on  the  EU  macroeconomic 
environment. 

Option E2 - to extend to highly qualified workers the provisions on intra-EU mobility 
contained in Directive 2003/109/EC. This option also includes the point system under 
Option C. However, the intra-EU mobility under this option could be more limited than 
under  Option  E1.  Therefore,  the  whole  relevance  and  effectiveness  of  this  policy 
option could be more limited. 

Option F - communication, coordination and cooperation. The envisaged actions could 
support,  to  a  certain  degree,  the  establishment  of  a  basic  common  ground  facilitating 
attraction  of  highly  qualified  workers  and  more  their  efficient  allocation  in  the  EU 
labour market. However, it would have limited effectiveness. 

The  Commission  carried  out  an  impact  assessment  listed  in  the  Work  Programme, 
whose report is accessible on http://ec.europa.eu/governance/impact/cia_2007_en.htm . 

3)  LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

The  proposal  establishes  a  fast-track  procedure  for  the  admission  of  highly  qualified 
third-country  workers,  based  on  a  common  definition  and  criteria:  work  contract, 
professional qualifications and a salary above a minimum level set at national level. A 
specific  scheme  for  "young  professionals"  is  envisaged.  Workers  admitted  will  be 
issued  a  residence  permit  allowing  them  to  work  ("EU  Blue  Card"):  this  permit  will 
endow on them and their families a series of rights, including favourable conditions for 
family reunification. Access to the Member State of residence's labour market will be 
restricted for the first two years. 

The  proposal  also  includes  the  possibility  for  an  "EU  Blue  Card"  holder  to  move  for 
work to a second Member State under certain conditions and after two years of legal 
residence in the first Member State. To facilitate intra-EU mobility, derogations from 
Council  Directive  2003/109/EC  are  provided  for,  in  particular  the  possibility  to 
cumulate periods of residence in different Member States in order to obtain EC long-
term residence status. Once this status has been granted, the provisions on mobility of 

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Directive 2003/109/EC will apply, but Member States will have to grant preference to 
these professionals over other third-country workers applying to be admitted. 

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•  Legal basis 

This  proposal  concerns  conditions  of  entry  and  residence  for  third-country  nationals 
and  standards  on  procedures  for  issuing  the  necessary  permits.  It  also  lays  down  the 
conditions under which a third-country national may reside in a second Member State. 
Consequently, the appropriate legal base is Article 63(3)(a) and (4) of the EC Treaty. 

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•  Subsidiarity principle 

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The  subsidiarity  principle  applies  insofar  as  the  proposal  does  not  fall  under  the 
exclusive competence of the Community. 

The  objectives  of  the  proposal  cannot  be sufficiently  achieved  by  the  Member  States 
for the following reason(s). 

If Member States act alone, they may not be able to face international competition for 
highly qualified third-country workers. 

There  will  be  a  series  of  different  entry  and  residence  conditions  for  these  workers, 
each national system being closed and in competition with the others. This could lead 
to distortions in immigrants' choices, and more importantly would over-complicate the 
re-allocation of the necessary labour force as needs change on labour markets, with the 
possibility of losing a highly qualified workforce already present in the EU. 

Community action will better achieve the objectives of the proposal for the following 
reason(s). 

The EU's main attractiveness compared to its competitors is the possibility of accessing 
27 labour markets, and thus to grow professionally while responding to EU companies' 
concrete needs. But this can only be provided through Community action (also needed 
to derogate from EC acquis so as to create facilitated conditions for acquiring EC long-
term  residence)  and  can  be  implemented  only  if  there  is  a  common  system  for 
admitting such workers. 

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Common action will ensure that these workers:  

(1) are admitted under common rules;  

(2) enjoy the same level of rights throughout the EU;  

(3)  will  have  the  possibility  of  moving  from  one  Member  State  to  another  so  as  to 
adapt and respond promptly to fluctuating demands for highly qualified migrant labour; 

(4) are fully integrated into the EU. 

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The proposal will leave sufficient room for Member States to adapt the scheme to their 
national labour market's needs and will not impinge on Member States' responsibility 
to  determine  the  numbers  of  economic  immigrants  entering  the  EU  in  order  to  seek 

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work. 

The proposal therefore complies with the subsidiarity principle. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reason(s). 

The  instrument  chosen  is  a  Directive,  which  gives  Member  States  a  high  degree  of 
flexibility in terms of implementation. Under Article 63, penultimate subparagraph, of 
the  EC  Treaty,  Member  States  are  free  to  maintain  or  introduce  measures  other  than 
those set out in the Directive, provided they are compatible with the Treaty and with 
international agreements. 

•  Choice of instruments 

Proposed instruments: directive. 

Other means would not be adequate for the following reason(s). 

A  Directive  is  the  appropriate  instrument  for  this  action:  it  sets  binding  minimum 
standards  but  gives  Member  States  flexibility  in  respect  of  labour  market  needs  and 
legal framework. 

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4)  BUDGETARY IMPLICATION 

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The proposal has no implication for the Community budget. 

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5)  ADDITIONAL INFORMATION 

•  Review/revision/sunset clause 

The proposal includes a review clause. 

•  Correlation table 

The  Member  States  are  required  to  communicate  to  the  Commission  the  text  of 
national  provisions  transposing  the  Directive  as  well  as  a  correlation  table  between 
those provisions and this Directive. 

•  Detailed explanation of the proposal 

Article 1  

The  proposal  has  two  purposes.  The  first  is  to  introduce  a  special  procedure  for  the 
entry  and  residence  of  third-country  nationals  applying  to  reside  in  the  EU  for  the 
purpose  of  highly  qualified  employment,  for  more  than  three  months.  The  second 
purpose is to give effect to Article 63(4) of the EC Treaty and determine the conditions 
in which third-country nationals who are legally residing in a Member State under the 
terms of this proposal may reside with their family members in other Member States. 

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Article 2 

The proposal refers to the notion of "highly qualified employment". This definition is 
based on two elements: the first is the requirement of exercising an economic activity 
in an employed capacity, therefore excluding third-country nationals wishing to carry 
out  a  self-employed  activity.  The  second  covers  the  necessary  "higher  professional 
qualifications" requirements. In this respect and in order to include professionals who 
do  not  necessarily  need  a  post-secondary  diploma  to  exercise  their  activity 
(experienced  managers,  certain  IT  professionals,  etc)  the  proposal  allows  taking  into 
account of a minimum of three years professional experience in the profession, instead 
of the higher education qualifications. 

Articles 3 and 4 

The  proposal  does  not  cover  EU  citizens  and  their  family  members,  including  those 
whose  eligibility  for  employment  in  a  particular  Member  State  is  restricted  by 
transitional  arrangements.  It  also  does  not  cover  third-country  nationals  who  are  EC 
long-term  residents  or  refugees,  those  residing  in  a  Member  State  on  a  strictly 
temporary basis in accordance with EC legislation or under commitments contained in 
international agreements, and other limited categories.  

The  proposal  does  not  allow  Member  States  to  grant  more  favourable  conditions  for 
first entry into the Community, so as not to undermine the scope of the Directive. As 
residence  conditions  (including  for  family  reunification)  affect  the  situation  of  the 
third-country  nationals  concerned  only  in  respect  of  the  Member  State  of  residence, 
Member States remain free to grant more favourable conditions. 

Article 5 

This  article  sets  down  the  conditions  the  applicant  must  fulfil,  those  specific  to  this 
proposal being: 

1)  As  admission  is  demand-driven,  a  work  contract  or  a  binding  job  offer  must  be 
presented. 

2) The salary specified in the work contract must be at least equal to a certain threshold 
set at national level. Member States are free to set this threshold at a level compatible 
with  their  labour  market  and  immigration  policies.  However,  it  has  been  considered 
necessary to set a relative minimum threshold - linked in primis to the minimum wage 
set  out  in  national  laws  -  to  ensure  that  Member  States  do  not  empty  this  criteria  by 
setting a level which would be too low for a national or EU highly qualified worker to 
accept the vacancy, although corresponding to his/her qualifications. Furthermore, this 
proposal provides for an enhanced form of intra-EU mobility once the highly qualified 
third-country  worker  has  acquired  EC  long-term  residence:  the  relative  common 
minimum level seeks to ensure that the admission decisions of a Member State do not 
negatively affect the others in the medium term. It should also ensure that the applicant 
has the means to maintain  him/herself - and cover return costs if necessary - without 
having recourse to the social assistance system of the Member State concerned. 

3) For unregulated professions, the applicant must prove that he/she has the necessary 
higher education qualifications or at least three years of professional experience in the 

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profession  concerned  that  can  be  considered  as  equivalent  to  higher  education 
qualifications;  Member  States  shall  not  ask  proof  of  both.  In  case  of  regulated 
professions, the applicant must fulfil the requirements set out in national or EC law. 

Article 6 

This  derogation  concerns  young  professionals  of  less  than  30  years  of  age,  who  are 
likely not to have enough professional experience to claim high salaries. In this case, 
the  ancillary  mandatory  condition  is  to  have  completed  higher  education  studies  in  a 
field related to the activity to be performed according to the work contract. A further 
softening  of  the  salary  criteria  is  proposed  for  young  professionals  having  studied  in 
the EU. 

Articles 7, 9 and 10 

The  proposal  does  not  create  a  right  of  admission.  These  provisions  lay  down  the 
mandatory  and  possible  grounds  for  refusal  (as  well  as  for  withdrawal  and  non-
renewal),  notably  the  non-fulfilment  of  the  criteria,  the  existence  of  quotas  and  the 
possibility for the Member States to carry out a labour market test. This later possibility 
refers  in  particular  to  the  Council  Resolution  of  20  June  1994  on  limitations  on 
admission  of  third-country  nationals  to  the  territory  of  the  Member  States  for 
employment.  The  principle  of  Community  preference  as  expressed  in  the  relevant 
provisions  of  the  Acts  of  Accession  of  2003  and  2005  constitutes  primary  law  and 
therefore  the  Directive  shall  be  automatically  applied  in  conformity  with  the  Acts  of 
Accession by those Member States that still make use of the transitional arrangements, 
as long as they do. 

Articles 8, 11 and 12 

Applicants (and not family members) for whom a positive decision has been taken by 
the  Member  State  concerned  shall  receive  a  residence  permit  called  EU  Blue  Card 
stating the conditions under which they are allowed to work. A fast-track procedure (30 
days) is foreseen, as well as a right for legally residing third-country nationals to apply 
for this scheme and change legal status in case of positive decision. 

Articles 13, 14 and 15 

The  proposal  sees  highly  qualified  workers  as  a  potential  for  the  EU  economy,  but 
considers that their rights should depend on the length of stay.  

A progressive integration of the highly qualified worker into the labour market requires 
that every change in the working position in the first two years of legal residence of a 
holder of the EU Blue Card must be authorised by the authorities of the Member State 
concerned, as for first entry. After this period the person concerned should no longer 
need  to  demonstrate  that  he/she  meets  the  salary  and  qualification  requirements  for 
taking  up  an  highly  qualified  work,  this  being  left  to  the  assessment  of  the  employer 
and to the market. To avoid abuses, a notification requirement is introduced.  

A  three-month  unemployment  period  is  allowed:  the  conditions  under  which  a  new 
working  relation  can  be  authorised  depend  on  the  length  of  stay,  as  above.  These 
provisions  apply  irrespective  of  the  Member  State  of  residence  (first  or  second)  until 

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EC long-term residence is acquired. 

Article 15 states the areas where equal treatment must be recognised, the aim being to 
establish  the  most  favourable  conditions  possible.  Only  study  grants,  procedures  for 
obtaining  housing  and  social  assistance  are  limited:  these  are  not  rights  to  which  the 
worker  would  be  entitled  on  the  basis  of  his/her  contributions.  Furthermore,  these 
workers are supposed to earn relatively high salaries, therefore they would most likely 
not be eligible under national rules. 

Article 16 

This article contains those derogations to Directive 2003/86/EC considered  necessary 
to set out an attractive scheme for highly qualified third-country workers and follows a 
different  logic  from  the  family  reunification  directive,  which  is  a  tool  to  foster 
integration  of  third-country  nationals  who  could  reasonably  become  permanent 
residents.  In  line  with  similar  schemes  already  existing  in  the  Member  States  and  in 
other  countries,  it  provides  for  immediate  family  reunification  also  in  cases  of 
temporary residence and access to the labour market for the spouses. To achieve this 
aim, it also foresees that possible national integration measures should be imposed only 
once the family members are on the EU territory.  

Article 17 

This proposal aims to encourage the geographic mobility of highly qualified workers. 
Derogations to Directive 2003/109/EC thus aim at not penalising mobile workers, by 
allowing  them  to  cumulate  periods  of  residence  in  two  (or  at  the  maximum  three) 
Member  States  in  order  to  fulfil  the  main  condition  for  obtaining  the  EC  long-term 
residence  status.  The  derogations  on  the  periods  of  absence  from  the  EU  should  be 
subject to strict conditions in order to sustain the circular migration policy and to limit 
possible brain drain effects. 

Articles 18, 19, 20 and 21 

Article  19  outlines  the  conditions  for  intra-EU  mobility  before  the  acquisition  of  EC 
long-term  residence  along  the  broad  lines  of  Directive  2003/109/EC,  but  allowing 
Member States to apply the same conditions as for first entry. Article 20 provides for 
intra-EU  mobility  after  such  status  has  been  granted:  taking  into  account  the 
specificities of this category of workers and their limited number in absolute terms, it 
applies  the  Directive  without  the  limitations  on  the  total  number  of  persons  that 
Member  States  may  maintain  in  respect  of  other  EC  long-term  residents.  It  also 
provides that Member States shall give preference to EC long-term residents who are 
highly qualified over other third-country workers who apply to be admitted on for the 
same purposes. 

A new residence permit is created in Article 18 so to identify the specific status of its 
holders.  

The modalities for exercising family reunification in a second Member State before the 
sponsor  has  acquired  EC  long-term  residence  reflect  Article  16  of  Directive 
2003/109/EC. 

EN 

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Chapter VI 

The only provision specific to this proposal is on the obligation for Member States to 
share  information  on  possible  quotas  and  on  annual  statistics  on  its  implementation 
through the network established by Council Decision 2006/688/EC. This data will also 
allow monitoring recruitment in developing countries suffering from lack of qualified 
human resources. 

EN 

12 

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2007/0228 (CNS) 

Proposal for a 

COUNCIL DIRECTIVE 

on the conditions of entry and residence of third-country nationals for the purposes of 
highly qualified employment 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
63(3)(a) and (4) thereof, 

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the European Parliament2, 

Having regard to the opinion of the European Economic and Social Committee3, 

Having regard to the opinion of the Committee of the Regions4, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

For  the  gradual  establishment  of  an  area  of  freedom,  security  and  justice,  the  Treaty 
provides  for  measures  to  be  adopted  in  the  fields  of  asylum,  immigration  and 
protection of the rights of third-country nationals. 

The  Treaty  provides  that  the  Council  is  to  adopt  measures  on  immigration  policy 
relating to conditions of entry and residence, standards on procedures for the issue by 
Member  States  of  long-term  visas  and  residence  permits,  and  measures  defining  the 
rights and conditions under which nationals of third-countries who are legally resident 
in a Member State may reside in other Member States. 

The  Lisbon  European  Council  in  March  2000  set  the  Community  the  objective  of 
becoming the most competitive and dynamic knowledge-based economy in the world 
by 2010. 

The Hague Programme, adopted by the European Council on 4 and 5 November 2004, 
recognised  that  legal  migration  will  play  an  important  role  in  enhancing  the 
knowledge-based economy in Europe, in advancing economic development, and thus 
in  contributing  to  the  implementation  of  the  Lisbon  Strategy,  and  asked  the 
Commission  to  present  a  policy  plan  on  legal  migration,  including  admission 

1 
2 
3 
4 

OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 

EN 

13 

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(5) 

(6) 

(7) 

(8) 

(9) 

procedures, capable of responding promptly to fluctuating demands for migrant labour 
in the labour market. 

The  European  Council  of  14  and  15  December  2006  agreed  on  a  series  of  steps  for 
2007,  among  which  to  develop  well-managed  legal  immigration  policies,  fully 
respecting national competences, to assist Member States to meet existing and future 
labour needs. 

To  achieve  the  objectives  of  the  Lisbon  Process  it  is  also  important  to  foster  the 
mobility  within  the  Union  of  highly  qualified  workers  who  are  EU  citizens,  and  in 
particular from the Member States which acceded in 2004 and 2007. In implementing 
this  Directive,  Member  States  are  bound  to  respect  the  principle  of  Community 
preference  as  expressed  in  particular  in  the  relevant  provisions  of  the  Acts  of 
Accession of 16 April 2003 and 25 April 2005.  

This Directive is intended to contribute to achieving these goals and addressing these 
labour shortages by fostering the admission and mobility – for the purposes of highly 
qualified employment – of third-country nationals for stays of more than three months, 
in  order  to  make  the  Community  more  attractive  to  such  workers  from  around  the 
world and sustain its competitiveness and economic growth. To reach these goals, it is 
necessary to facilitate the admission of highly qualified workers and their families by 
establishing  a  fast-track  admission  procedure  and  by  granting  them  equal  social  and 
economic  rights  with  nationals  of  the  host  Member  State  in  a  number  of  areas.  As 
concerns these rights, this Directive builds on the corresponding provision of Directive 
… ["on a single application procedure for a single permit for third-country nationals to 
reside and work in the territory of a Member State and on a common set of rights for 
third country workers legally residing in a Member State"]5. 

Favourable conditions for family reunification and for access to work for the spouses 
should  be  a  fundamental  element  of  any  scheme  aiming  to  attract  highly  qualified 
workers. Specific derogations to Council Directive 2003/86/EC of 22 September 2003 
on the right to family reunification6 should be foreseen in order to reach this aim. 

This Directive should be without prejudice to the competence 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. This should include also third-country 
nationals who seek to remain on the territory of a Member State in order to exercise a 
paid economic activity and who are legally residents in that Member State under other 
schemes,  such  as  students  having  just  completed  their  studies  or  researchers  having 
been  admitted  pursuant  to  Council  Directive  2004/114/EC  of  13  December  2004  on 
the conditions of admission of third country nationals for the purposes of studies, pupil 
exchange,  unremunerated  training  or  voluntary  service7  and  Council  Directive 
2005/71/EC  of  12  October  2005  on  a  specific  procedure  for  admitting  third-country 
nationals for the purposes of scientific research8, and who do not enjoy consolidated 
access to the labour market of the Member State under EC or national legislation. 

5 
6 
7 
8 

OJ L... 
OJ L 251, 3.10.2003, p. 12. 
OJ L 375, 23.12.2004, p. 12. 
OJ L 289, 3.11.2005, p. 15. 

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14 

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(10)  This  Directive  should  provide  for  a  flexible  demand-driven  entry  system,  based  on 
objective criteria such as a minimum salary threshold comparable with the wage levels 
in the Member States and on professional qualifications. The definition of a common 
minimum  denominator  for  the  national  wage  threshold  is  necessary  to  ensure  a 
minimum  level  of  harmonisation  in  the  admission  conditions  throughout  the  EU. 
Member States should fix their national threshold accordingly to the situation of their 
respective labour markets and their general immigration policies. 

(11)  Derogations  from  the  main  scheme  in  terms  of  the  salary  threshold  should  be  laid 
down for highly qualified applicants under 30 years of age who, due to their relatively 
limited professional experience and their position on the labour market, may not be in 
a position to fulfil the salary requirements of the main scheme or, for those who have 
acquired their higher education qualifications in the European Union. 

(12)  Once  a  Member  State  has  decided  to  admit  a  third-country  national  fulfilling  these 
common criteria, the third-country national should receive a specific residence permit, 
which  should  be  called  EU  Blue  Card  and  should  allow  a  progressive  access  to  the 
labour  market,  and  enjoy  the  residence  and  mobility  rights  accorded  to  him/her  and 
his/her family. 

(13)  The  format  of  the  EU  Blue  Card  should  be  in  accordance  with  the  provisions  of 
Regulation (EC) No 1030/2002, laying down a uniform format for residence permits 
for third-country nationals9, enabling the Member States to refer to the information, in 
particular  under  which  conditions  the  person  is  permitted  to  work.  The  horizontal 
provisions  foreseen  by  Directive  …  ["on  a  single  application  procedure  for  a  single 
permit for third-country nationals to reside and work in the territory of a Member State 
and on a common set of rights for third country workers legally residing in a Member 
State"], should apply mutatis mutandis. 

(14)  Third country nationals who are in possession of a valid travel document and an EU 
Blue Card issued by a Member State applying the Schengen acquis in full, should be 
allowed  to  enter  into  and  move  freely  within  the  territory  of  the  Member  States 
applying  the  Schengen  acquis  in  full,  for  a  period  up  to  three  months  in  accordance 
with Regulation (EC) No 562/2006 of the European Parliament and of the Council of 
15 March 2006 establishing a Community Code on the rules governing the movement 
of persons across borders (Schengen Borders Code)10 and Article 21 of the Schengen 
acquis - Convention implementing the Schengen Agreement of 14 June 1985 between 
the Governments of the States of the Benelux Economic Union, the Federal Republic 
of  Germany  and  the  French  Republic  on  the  gradual  abolition  of  checks  at  their 
common borders (Schengen Implementing Convention)11.  

(15)  The occupational and geographical mobility of third-country highly qualified workers 
should be recognised as a primary mechanism for improving labour market efficiency, 
preventing  skill  shortages  and  offsetting  regional  imbalances.  In  order  to  respect  the 
principle  of  Community  preference  and  to  avoid  possible  abuses  of  the  system,  the 

9 
10 
11 

OJ L 157, 15.6.2002, p. 1. 
OJ L 105 of 13.4.2006, p. 1. 
OJ L 239 of 22.9.2000, p. 19. 

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15 

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occupational mobility of a third-country highly qualified worker should be limited for 
the first two years of legal residence in a Member State. 

(16)  The  geographical  mobility  within  the  EU  should  be  controlled  and  demand-driven 
during the third-country worker's first period of legal stay. Once EC long-term resident 
status has been granted, Member States should give preference to these workers when 
they  exercise  their  right  to  intra-EU  mobility.  Derogations  from  Council  Directive 
2003/109/EC  of  25  November  2003  on  the  status  of  third-country  nationals  who  are 
long-term  residents12  should  be  included  in  order  not  to  penalise  geographically 
mobile  highly  qualified  third-country  workers  who  have  not  yet  acquired  EC  long-
term resident status, and to encourage geographical and circular migration.  

(17)  The  mobility  of  highly  qualified  third-country  workers  between  the  Community  and 
their  countries  of  origin  should  be  fostered  and  sustained.  Derogations  from  Council 
Directive 2003/109/EC of 25 November 2003 on the status of third-country nationals 
who  are  long-term  residents  should  be  foreseen  in  order  to  extend  the  period  of 
absence from the territory of the Community which is not taken into account for the 
calculation of the period of legal and continuous residence necessary to be eligible for 
the EC long-term residence status. Longer periods of absence than those provided for 
in Council Directive 2003/109/EC should also be allowed after highly qualified third-
country  workers  have  acquired  EC  long-term  residence  status.  In  particular,  to 
encourage the circular migration of highly qualified third-country workers originating 
from developing countries, Member States should take into consideration making use 
of  the  possibilities  offered  in  Article  4(3),  second  subparagraph,  and  Article  9(2)  of 
Council  Directive  2003/109/EC  to  allow  for  longer  periods  of  absence  than  those 
provided  for  in  this  Directive.  In  order  to  ensure  consistency  in  particular  with  the 
underlying  development  objectives,  these  derogations  should  only  be  applicable  if  it 
can be proven that the person concerned has returned to his/her country of origin for 
work, study or volunteering activities.  

(18)  Third-country highly qualified workers should enjoy equal treatment as regards social 
security.  Branches  of  social  security  are  defined  in  Council  Regulation  (EEC)  No 
1408/71  of  14 June 1971  on  the  application  of  social  security  schemes  to  employed 
persons, to self-employed persons and to members of their families moving within the 
Community13. Council Regulation (EC) No 859/2003 of 14 May 200314 extending the 
provisions  of  Regulation  (EEC)  No  1408/71  and  Regulation  (EEC)  No  574/72  to 
nationals of third countries who are not already covered by those provisions solely on 
the ground of their nationality extends the provisions of Regulation (EEC) No 1408/71 
to third country nationals who are legally residing in the European Union and who are 
in  a  cross-border  situation.  The  provisions  on  equal  treatment  as  regards  social 
security  in  this  proposal  also  apply  directly  to  persons  coming  to  a  Member  State 
directly  from  a  third  country.  Nevertheless,  this  Directive  should  not  confer  more 
rights  than  those  already  provided  in  existing  Community  legislation  in  the  field  of 
social  security  for  third-country  nationals  who  have  cross-border  elements  between 
Member States. 

12 
13 

14 

OJ L 16, 23.1.2004, p. 44. 
OJ L 149, 15.7.1971, p. 2. Regulation as amended by Regulation (EC) No 631/2004 of the European 
Parliament and of the Council (OJ L 100, 6.4.2004, p. 1). 
OJ L 124, 20.5.2003, p. 1. 

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16 

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(19)  Professional  qualifications  acquired  by  a  third-country  national  in  another  Member 
State  should  be  recognised  the  same  way  as  for  Union  citizens  and  qualifications 
acquired  in  a  third  country  should  be  taken  into  account  in  conformity  with  the 
provisions of Directive 2005/36/EC of the European Parliament and of the Council of 
7 September 200515 on the recognition of professional qualifications.  

(20) 

In  implementing  this  Directive,  Member  States  should  refrain  from  pursuing  active 
recruitment in developing countries in sectors suffering from lack of human resources. 
Ethical  recruitment  policies  and  principles  applicable  to  public  and  private  sector 
employers should be developed in particular in the health sector, as underlined in the 
Council and Member States' conclusions of 14 May 2007 on the European Programme 
for  Action  to  tackle  the  critical  shortage  of  health  workers  in  developing  countries 
(2007-2013).  These  should  be  strengthened  by  the  development  of  mechanisms, 
guidelines  and  other  tools  to  facilitate  circular  and  temporary  migration,  as  well  as 
other measures that would minimise negative and maximise positive impacts of highly 
skilled  immigration  on  developing  countries.  Any  such  intervention  must  be  taken 
along  the  lines  of  the  Joint  Africa-EU  Declaration  on  Migration  and  Development 
agreed  in  Tripoli  on  22  and  23  November  2006  and  with  a  view  of  establishing  a 
comprehensive migration policy as called for by the European Council of 14 and 15 
December 2006. 

(21)  Specific reporting provisions should be foreseen to monitor the implementation of the 
highly qualified scheme, also with a view to identifying and possibly counteracting its 
possible  impacts  in  terms  of  brain  drain  in  developing  countries,  especially  in  Sub-
Saharan  Africa.  Data  on  the  professions  and  the  nationality  of  highly  qualified 
immigrants  admitted  by  Member  States  should  therefore  be  transmitted  annually  by 
Member  States  through  the  network  created  for  these  purposes  by  Council  Decision 
2006/688/EC  of  5  October  2006  on  the  establishment  of  a  mutual  information 
mechanism  concerning  Member  States'  measures  in  the  areas  of  asylum  and 
immigration16. 

(22)  The objectives of the proposed action, namely the introduction of a special admission 
procedure  and  the  adoption  of  conditions  of  entry  and  residence  applicable  to 
third-country nationals for stays of more than three months in the Member States for 
the  purposes  of  highly  qualified  employment,  cannot  be  sufficiently  achieved  by  the 
Member States, especially as regards ensuring mobility between Member States, and 
can  therefore  be  better  achieved  by  the  Community.  The  Community  is  therefore 
entitled  to  take  measures  in  accordance  with  the  subsidiarity  principle  laid  down  in 
Article 5 of the Treaty. In accordance with the principle of proportionality set out in 
that  Article,  this  Directive  does  not  go  beyond  what  is  necessary  to  achieve  those 
objectives. 

(23)  This Directive respects the fundamental rights and observes the principles recognized 
by  the  Charter  of  Fundamental  Rights  of  the  European  Union  and  the  European 
Convention on Human Rights and Fundamental Freedoms and has to be implemented 
accordingly. 

15 
16 

OJ L 255, 30.9.2005, p. 22. 
OJ L 283, 14.10.2006, p. 40. 

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17 

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(24)  Member  States  should  give  effect  to  the  provisions  of  this  Directive  without 
discrimination  on  the  basis  of  sex,  race,  colour,  ethnic  or  social  origin,  genetic 
characteristics, language, religion or beliefs, political or other opinions, membership of 
a national minority, fortune, birth, disabilities, age or sexual orientation in particular in 
accordance  with  Council  Directive  2000/43/EC  of  29  June  2000  implementing  the 
principle  of  equal  treatment  between  persons  irrespective  of  racial  or  ethnic  origin17 
Council Directive 2000/78/EC of 27 November 2000 establishing a general framework 
for equal treatment in employment and occupation18. 

(25) 

(26) 

[In  accordance  with  Articles  1  and  2  of  the  Protocol  on  the  position  of  the  United 
Kingdom  and  Ireland,  annexed  to  the  Treaty  on  European  Union  and  to  the  Treaty 
establishing  the  European  Community  and  without  prejudice  to  Article  4  of  the  said 
Protocol  these  Member  States  are  not  participating  in  the  adoption  of  this  Directive 
and are not bound by or subject to its application.] 

In  accordance  with  Articles  1  and  2  of  the  Protocol  on  the  position  of  Denmark 
annexed  to  the  Treaty  on  European  Union  and  the  Treaty  establishing  the  European 
Community, Denmark is not participating in the adoption of this Directive, and is not 
bound by it or subject to its application. 

HAS ADOPTED THIS DIRECTIVE: 

Chapter I 

GENERAL PROVISIONS 

Article 1 

Subject matter 

The purpose of this Directive is to determine: 

(a) 

(b) 

the conditions of entry and residence for more than three months in the territory of 
the  Member  States  of  third-country  nationals  and  of  their  family  members  for  the 
purpose of highly qualified employment, 

the conditions  for  residence of  third-country  nationals and  of  their  family  members 
under point (a) in Member States other than the first Member State. 

17 
18 

OJ L 180, 19.7.2000, p. 22. 
OJ L 303, 2.12.2000, p. 16. 

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18 

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Article 2 

Definitions 

For the purposes of this Directive: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

1. 

2. 

"third-country national" means any person who is not a citizen of the Union within 
the meaning of Article 17(1) of the Treaty; 

"highly  qualified  employment"  means  the  exercise  of  genuine  and  effective  work 
under the direction of someone else for which a person is paid and for which higher 
education qualifications or at least three years of equivalent professional experience 
is required; 

"EU Blue Card" means the authorisation bearing the term “EU Blue Card” entitling 
its holder to reside and work legally in its territory and to move to another Member 
State for highly qualified employment under the terms of this Directive; 

“first  Member  State”  means  the  Member  State  which  first  granted  a  third  country 
national the "EU Blue Card"; 

“second Member State” means any Member State other than the first Member State. 

"family  members"  means  third-country  nationals  as  defined  in  Article  4(1)  of 
Directive 2003/86/EC; 

"higher  education  qualification"  stands  for  any  degree,  diploma  or  other  certificate 
issued  by  a  competent  authority  attesting  the  successful  completion  of  a  higher 
education  programme,  namely  a  set  of  courses  provided  by  an  educational 
establishment recognised as a higher education institution by the State in which it is 
situated.  These  qualifications  are  taken  into  account,  for  the  purposes  of  this 
directive,  on  condition  that  the  studies  needed  to  acquire  them  lasted  at  least  three 
years; 

"higher  professional  qualifications"  means  qualifications  attested  by  evidence  of 
higher  education  qualifications  or  of  at  least  three  years  of  equivalent  professional 
experience; 

"professional  experience"  means  the  actual  and  lawful  pursuit  of  the  profession 
concerned.  

Article 3 

Scope 

This Directive shall apply to third-country nationals who apply to be admitted to the 
territory of a Member State for the purpose of highly qualified employment. 

This Directive shall not apply to third-country nationals: 

EN 

19 

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(a) 

staying  in  a  Member  State  as  applicants  for  international  protection  or  under 
temporary protection schemes; 

(b)  who  are  refugees  or  have  applied  for  recognition  as  refugees  and  whose 

application has not yet given rise to a final decision; 

(c) 

applying  to  reside  in  a  Member  State  as  researchers  within  the  meaning  of 
Directive 2005/71/EC in order to carry out a research project; 

(d)  who  are  family  members  of  Union  citizens  who  have  exercised,  or  are 

exercising, their right to free movement within the Community; 

(e)  who  enjoy  long-term  resident  status  in  a  Member  State  in  accordance  with 
Directive  2003/109/EC  and  exercise  their  right  to  reside  in  another  Member 
State  in  order  to  carry  out  an  economic  activity  in  an  employed  or  self-
employed capacity; 

(f) 

entering  a  Member  State  under  commitments  contained  in  an  international 
agreement  facilitating  the  entry  and  temporary  stay  of  certain  categories  of 
trade and investment-related natural persons; 

(g)  whose expulsion has been suspended for reasons of fact or law. 

3. 

This  Directive  should  be  without  prejudice  to  any  future  agreement  between  the 
Community or between the Community and its Member States on the one hand and 
one or more third countries on the other, that would list the professions which should 
not fall under this directive in order to assure ethical recruitment, in sectors suffering 
from a lack of personnel, by protecting human resources in the developing countries, 
signatories to these agreements. 

Article 4 

More favourable provisions 

1. 

This Directive shall be without prejudice to more favourable provisions of: 

(a)  Community 

legislation, 

including  bilateral  or  multilateral  agreements 
concluded between the Community or between the Community and its Member 
States on the one hand and one or more third countries on the other; 

(b)  bilateral  or  multilateral  agreements  concluded  between  one  or  more 

Member States and one or more third countries. 

2. 

This  Directive  shall  not  affect  the  right  of  Member  States  to  adopt  or  retain  more 
favourable  provisions  concerning  conditions  of  entry  and  residence  for  persons  to 
whom it applies, except for entry into the first Member State.  

EN 

20 

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Chapter II 

CONDITIONS OF ADMISSION 

Article 5 

Criteria for admission 

1. 

A third-country national who applies to be admitted for the purposes set out in this 
Directive shall: 

(a) 

(b) 

(c) 

present a valid work contract or a binding job offer of at least one year in the 
Member State concerned; 

fulfil  the  conditions  set  out  under  national  legislation  for  the  exercise  by  EU 
citizens  of  the  regulated  profession  specified  in  the  work  contract  or  binding 
job offer of work; 

for unregulated professions, present the documents attesting the relevant higher 
professional  qualifications  in  the  occupation  or  sector  specified  in  the  work 
contract or in the binding offer of work; 

(d)  present  a  valid  travel  document,  as  determined  by  national  law  and,  if 
appropriate, evidence of valid residence permit. Member States may require the 
period of the validity of the travel document to cover at least the initial duration 
of the residence permit; 

(e) 

present  evidence  of  having  a  sickness  insurance  for  the  applicant  and  his/her 
family members for all the risks normally covered for nationals of the Member 
State  concerned  for  periods  where  no  such 
insurance  coverage  and 
corresponding  entitlement  to  benefits  are  provided  in  connection  with,  or 
resulting from, the work contract; 

(f) 

not  be  considered  to  pose  a  threat  to  public  policy,  public  security  or  public 
health. 

2. 

In  addition  to  the  conditions  stipulated  in  paragraph  1,  the  gross  monthly  salary 
specified in the work contract or binding job offer must not be inferior to a national 
salary threshold defined and published for the purpose by the Member States which 
shall be at least three times the minimum gross monthly wage as set by national law.  

Member  States  where  minimum  wages  are  not  defined  shall  set  the  national  salary 
threshold to be at least three times the minimum income under which citizens of the 
Member State concerned are entitled to social assistance in that Member State, or to 
be  in  line  with  applicable  collective  agreements  or  practices  in  the  relevant 
occupation branches. 

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Article 6 

Derogation 

If  the  application  is  submitted  by  a  third-country  national  of  less  than  30  years  of  age  and 
holding higher education qualifications, the following derogations shall apply: 

(a) 

(b) 

(c) 

Member  States  shall  consider  fulfilled  the  condition  set  out  in  Article  5(2)  if  the 
gross monthly salary offered corresponds to at least two–thirds of the national salary 
threshold defined in accordance with Article 5(2); 

Member  States  may  waive  the  salary  requirement  provided  for  in  Article  5(2)  on 
condition  that  the  applicant  has  completed  higher  education  on  site  studies  and 
obtained a Bacheror and a Master's degree in a higher education institution situated 
on the territory of the Community; 

Member  States shall  not require proof of professional experience in addition to the 
higher education qualifications, unless this is necessary to fulfil the conditions set out 
under national legislation for the exercise by EU citizens of the regulated profession 
specified in the work contract or binding job offer of work. 

Article 7 

Volumes of admission 

Articles  5  and  6  shall  be  without  prejudice  to  the  competence  of  the  Member  States  to 
determine volumes of admission of third-country nationals for highly qualified employment. 

Chapter III 

EU BLUE CARD, PROCEDURE AND TRANSPARENCY 

Article 8 

EU blue card 

1. 

2. 

3. 

A  person  fulfilling  the  requirements  set  out  in  Articles  5  and  6  and  for  whom  a 
positive decision has been issued by the competent authorities shall be issued an EU 
Blue Card. 

The initial validity of an EU Blue Card shall be of two years and shall be renewed for 
at least the same duration. If the work contract covers a period less than two years, 
the  EU  Blue  Card  shall  be  issued  for  the  duration  of  the  work  contract  plus  three 
months. 

The EU Blue Card shall be issued by the competent authorities of the Member State 
using  the  uniform  format  as  laid  down  in  Regulation  (EC)  No  1030/2002.  In 

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accordance  with  its  Annex  a,  7.5-9,  Member  States  shall  indicate  on  the  EU  Blue 
Card the conditions for access to the labour market as set out in Article 13(1) or (2) 
of  this  Directive,  whichever  is  applicable.  Under  the  heading  “type  of  permit”, 
Member States shall enter "EU Blue Card".  

4. 

During the period of its validity, the EU Blue Card shall entitle its holder to: 

(a) 

enter,  re-enter  and  stay  in  the  territory  of  the  Member  State  issuing  the  EU 
Blue Card; 

(b)  passage through other Member States in order to exercise the rights under point 

(a). 

5. 

Holders of the EU Blue Card shall be entitled to the rights recognised to them and 
their family members by Articles 8, 10(2), 12, 13-19 and 21 of this Directive. 

Article 9 

Grounds for refusal 

1. 

2. 

Member States shall reject an application for a EU Blue Card whenever the applicant 
does not meet the conditions set out in Articles 5 and 6 or whenever the documents 
presented have been fraudulently acquired, or falsified or tampered with. 

Before  taking  the  decision  on  an  application  for  an  EU  Blue  Card,  Member  States 
may examine the situation of their labour market and apply their national procedures 
regarding the requirements for filling a vacancy. 

For  reasons  of  labour  market  policy,  Member  States  may  give  preference  to  Union 
citizens, to third-country nationals, when provided for by Community legislation, as 
well  as  to  third-country  nationals  who  reside  legally  and  receive  unemployment 
benefits in the Member States concerned. 

Article 10 

Withdrawal or non-renewal of the EU Blue Card 

1. 

Member  States  shall  withdraw  or  refuse  to  renew  an  EU  Blue  Card  issued  on  the 
basis of this Directive in the following cases: 

(a)  when it has been fraudulently acquired, or has been falsified or tampered with, 

or  

(b)  wherever  it  appears  that  the  holder  did  not  meet  or  no  longer  meets  the 
conditions for entry and residence laid down in Articles 5 and 6 or is residing 
for purposes other that that for which he/she was authorised to reside. 

(c)  when the holder has not respected the limitations set out in Articles 13(1) and 

(2) and 14.  

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2. 

3. 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

The  lack  of  notification  pursuant  to  Article  13(2)  shall  not  be  considered  to  be  a 
sufficient reason for withdrawing or not renewing the EU Blue Card. 

Member States  may  withdraw  or  refuse  to  renew  an  EU  Blue  Card  for  reasons  of 
public policy, public security or public health. 

Article 11 

Applications for admission 

Member States shall determine whether applications for an EU Blue Card are to be 
made by the third-country national or by his/her employer. 

The  application  shall  be  considered  and  examined  either  when  the  third-country 
national  concerned  is  residing  outside  the  territory  of  the  Member  State  to  which 
he/she  wishes  to  be  admitted  or  when  he/she  is  already  legally  resident  in  the 
territory of the Member State concerned. 

The Member State concerned shall grant the third-country national whose application 
has been accepted every facility to obtain the requisite visas. 

By way of derogation from paragraph 2, Member States may accept, in accordance 
with  their  national  legislation,  an  application  submitted  when  the  third-country 
national concerned is not in possession of a residence permit but is legally present in 
its territory. 

Article 12 
Procedural safeguards 

The  competent  authorities  of  the  Member  States  shall  adopt  a  decision  on  the 
complete  application  and  notify  the  applicant  in  writing,  in  accordance  with  the 
notification  procedures  laid  down  in  the  national  legislation  of  the  concerned 
Member State, at the latest within 30 days of the date on which the application was 
lodged.  In  exceptional  cases  involving  complex  applications,  the  deadline  may  be 
extended for a maximum of another 60 days. 

If the information supplied in support of the application is inadequate, the competent 
authorities  shall  notify  the  applicant  of  the  additional  information  that  is  required. 
The  period  referred  to  in  paragraph  1  shall  be  suspended  until  the  authorities  have 
received the additional information required. 

Any  decision  rejecting  an  application  for  an  EU  Blue  Card,  or  non-renewing  or 
withdrawing  an  EU  Blue  Card,  shall  be  notified  in  writing  to  the  third-country 
national concerned and, where relevant, to his/her employer in accordance with the 
notification  procedures  under  the  relevant  national  legislation  and  shall  be  open  to 
challenge  before  the  courts  of  the  Member  State  concerned.  The  notification  shall 
specify the reasons for the decision, the possible redress procedures available and the 
time limit for taking action. 

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Chapter IV 

RIGHTS 

Article 13 

Labour market access 

1. 

2. 

3. 

4. 

5. 

6. 

For the first two years of legal residence in the Member State concerned as holder of 
an  EU  Blue  Card,  access  to  the  labour  market  for  the  person  concerned  shall  be 
restricted to the exercise of paid employment activities which meet the conditions for 
admission set out in Articles 5 and 6. Modifications of the terms of the work contract 
that affect the conditions for admission or changes in the work relationship shall be 
subject  to  the  prior  authorisation  in  writing  of  the  competent  authorities  of  the 
Member  State  of  residence,  according  to  national  procedures  and  within  the  time 
limits set out in Article 12(1).  

After the first two years of legal residence in the Member State concerned as holder 
of an EU Blue Card, the person concerned shall enjoy equal treatment with nationals 
as regards access to highly qualified employment. The holder of the EU Blue Card 
shall notify changes in his/her work relationship to the competent authorities of the 
Member State of residence, according to national procedures.  

Holders  of  the  EU  Blue  Card  who  have  been  granted  EC  long-term  resident  status 
shall enjoy equal treatment with nationals as regards access to employment and self-
employed activities. 

Member  States  may  retain  restrictions  on  access  to  employment  or  self-employed 
activities, provided such activities entail even occasional involvement in the exercise 
of  public  authority  and  responsibility  for  safeguarding  the  general  interest  of  the 
State in cases where, in accordance with existing national or Community legislation, 
these activities are reserved to nationals.  

Member  States  may  retain  restrictions  to  access  to  employment  or  self-employed 
activities  in  cases  where,  in  accordance  with  existing  national  or  Community 
legislation, these activities are reserved to nationals, EU or EEA citizens. 

The  provisions  set  out  in  this  Article  shall  be  applied  without  prejudice  to  the 
principle  of  Community  preference  as  expressed  in  the  relevant  provisions  of  the 
Acts of Accession of 16 April 2003 and 25 April 2005, in particular in respect to the 
rights of nationals of these Member States in terms of access to the labour market. 

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Article 14 

Temporary unemployment 

1. 

2. 

3. 

Unemployment in itself shall not constitute a reason for revoking an EU Blue Card, 
unless the period of unemployment exceeds three consecutive months.  

During this period, the holder of the EU Blue Card shall be allowed to seek and take 
up  employment  under  the  conditions  set  out  in  Article  13(1)  or  (2)  whichever  is 
applicable.  

Member  States  shall  allow  the  holder  of  the  EU  Blue  Card  to  remain  on  their 
territory until the necessary authorisation pursuant to Article 13(1) has been granted 
or denied. The notification under Article 13(2) shall automatically end the period of 
unemployment.  

Article 15 

Equal treatment 

1. 

Holders  of  an  EU  Blue  Card  shall  enjoy  equal  treatment  with  nationals  at  least  as 
regards: 

(a)  working conditions, including pay and dismissal, as well as health and safety at 

the workplace; 

(b) 

(c) 

(d) 

(e) 

freedom  of  association  and  affiliation  and  membership  of  an  organisation 
representing workers or employers or of any organisation whose members are 
engaged  in  a  specific  occupation,  including  the  benefits  conferred  by  such 
organisations, without prejudice to the national provisions on public policy and 
public security; 

education  and  vocational  training,  including  study  grants  in  accordance  with 
national law; 

recognition  of  diplomas,  certificates  and  other  professional  qualifications  in 
accordance with the relevant national procedures; 

branches of social security as defined in Council Regulation (EEC) No 1408/71 
of  14 June 1971  on  the  application  of  social  security  schemes  to  employed 
persons,  to  self-employed  persons  and  to  members  of  their  families  moving 
within the Community. Council Regulation (EC) No 859/2003 of 14 May 2003 
which  extends 
the  provisions  of  Regulation  (EEC)  No  1408/71  and 
Regulation (EEC) No 574/72 to nationals of third countries who are not already 
covered by these provisions solely on the ground of their nationality shall apply 
accordingly; 

(f) 

social assistance as defined by national law; 

(g)  payment of acquired pensions when moving to a third country; 

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(h) 

tax benefits; 

(i) 

access  to  goods  and  services  and  the  supply  of  goods  and  services  made 
available  to  the  public,  including  procedures  for  obtaining  housing  and  the 
assistance afforded by employment offices; 

(j) 

free  access  to  the  entire  territory  of  the  Member  State  concerned,  within  the 
limits provided for by national legislation for reasons of security. 

Member  States  may  restrict  the  rights  conferred  under  paragraphs  1(c)  and  (i)  in 
respect  to  study  grants  and  procedures  for  obtaining  public  housing  to  cases  where 
the  holder  of  the  EU  Blue  Card  has  been  staying  or  has  the  right  to  stay  in  its 
territory for at least three years. 

Member  States  may  restrict  equal  treatment  as  regards  social  assistance  to  cases 
where the holder of the EU Blue Card has been granted EC long-term resident status 
in accordance with Article 17.  

Article 16 

Family members 

Council  Directive  2003/86/EC  shall  apply  with  the  derogations  laid  down  in  this 
Article. 

By  way  of  derogation  from  Articles  3(1)  and  8  of  Directive  2003/86/EC,  family 
reunification shall not be made dependent on the requirement of the holder of the EU 
Blue Card having reasonable prospects of obtaining the right of permanent residence 
and of he/she having a minimum period of residence. 

By way of derogation from Article 5(4), first subparagraph, of Directive 2003/86/EC, 
residence permits for family members shall be granted at the latest within six months 
from the date on which the application was lodged. 

By  way  of  derogation  from  Articles  4(1),  last  subparagraph,  and  7(2)  of  Directive 
2003/86/EC,  the  integration  measures  referred  to  therein  may  only  be  applied  after 
the persons concerned have been granted family reunification. 

By way of derogation from Article 14(2) of Directive 2003/86/EC and in respect of 
access  to  the  labour  market,  Member  States  shall  not  apply  the  time  limit  of  12 
months.  

By way of derogation to Article 15(1) of Directive 2003/86/EC, for the purposes of 
calculation  of  the  five  years  of  residence  required  for  the  acquisition  of  an 
autonomous  residence  permit,  residence  in  different  Member  States  may  be 
cumulated.  

If  Member  States  have  recourse  to  the  option  provided  for  in  paragraph  6,  the 
provisions set out in Article 17 in respect of accumulation of periods of residence in 
different  Member  States  by  the  holder  of  an  EU  Blue  Card  shall  apply  mutatis 
mutandis.  

2. 

3. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

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8. 

1. 

2. 

3. 

4. 

5. 

6. 

By  way  of  derogation  from  Article  13(2)  and  (3)  of  Directive  2003/86/EC,  the 
duration of validity of the residence permits of family members shall be the same as 
that of the residence permits issued to the holder of the EU Blue Card insofar as the 
period of validity of their travel documents allows it. 

Article 17 

EC long-term resident status for EU Blue Card holders 

Directive 2003/109/EC shall apply with the derogations laid down in this Article. 

By way of derogation from Article 4(1) of Directive 2003/109/EC, the holder of an 
EU  Blue  Card  having  made  use  of  the  possibility  provided  for  in  Article  19  is 
allowed to cumulate periods of residence in different Member States in order to fulfil 
the requirement concerning the duration of residence, if the following conditions are 
met: 

(a) 

(b) 

five  years  of  legal  and  continuous  residence  within  the  territory  of  the 
Community as holder of an EU Blue Card; 

legal  and  continuous  residence  as  holder  of  an  EU  Blue  Card  within  the 
territory of the Member State where the application for the long-term resident's 
EC  residence  permit  is  lodged  for  two  years  immediately  prior  to  the 
submission of the relevant application. 

For  the  purpose  of  calculating  the  period  of  legal  and  continuous  residence  in  the 
Community  and  by  way  of  derogation  from  Article  4(3),  first  subparagraph,  of 
Directive 2003/109/EC, periods of absence from the territory of the Community shall 
not interrupt the period referred to in paragraph 2(a) and shall be taken into account 
for its calculation if they are shorter than 12 consecutive months and do not exceed in 
total 16 months within the period referred to in paragraph 2(a). This paragraph shall 
apply  also  in  cases  where  the  holder  of  an  EU  Blue  Card  has  not  made  use  of  the 
possibility provided for in Article 19. 

By way of derogation from Article 9(1)(c) of Directive 2003/109/EC, Member States 
shall extend the period of absence allowed to an EU Blue Card holder and of his/her 
family  members  having  been  granted  the  EC  long-term  residence  status  from  the 
territory of the Community to 24 consecutive months. 

The derogations to Directive 2003/109/EC set out in paragraphs 3 and 4 shall apply 
only  in  cases  where  the  third-country  national  concerned  can  present  evidence  that 
he/she has been absent from the territory of the Community to exercise an economic 
activity in an employed or self-employed capacity, or to perform a voluntary service, 
or to study in his/her own country of origin. 

Articles 13, 15 and 16 shall continue to apply, where applicable, after the holder of 
the EU Blue Card has been issued a residence permit pursuant to Article 18. 

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1. 

2. 

3. 

1. 

2. 

3. 

Article 18 

Residence permit "Long-term resident – EC / EU Blue Card holder" 

Holders of the EU Blue Card who fulfil the conditions set out in Article 17 for the 
acquisition of the EC long term resident status shall be issued a residence permit in 
accordance with Article 1(2)(a) of Council Regulation (EC) No 1030/2002.  

Under the heading "type of permit", Member States shall enter "long-term resident – 
EC / EU Blue Card holder". 

Holders  of  the  residence  permit  "long-term  resident  –  EC  /  EU  Blue  Card  holder" 
shall be subject to the provisions relating to them and their family members set out in 
this Directive and in Directive 2003/109/EC. 

Chapter V 

RESIDENCE IN OTHER MEMBER STATES 

Article 19 

Conditions 

After two years of legal residence in the first Member State as holder of an EU Blue 
Card, the person concerned and his/her family members shall be allowed to move to 
a Member State other than the first Member State for the purpose of highly qualified 
employment under the conditions set out in this Article. 

No later than one month after entering the territory of the second Member State, the 
holder of the EU Blue Card shall notify his/her presence to the competent authorities 
of  that  Member  State  and  present  all  the  documents  proving  that  he/she  fulfils  the 
conditions set out in Articles 5 and 6 for the second Member State. 

In  accordance  with  the  procedures  set  out  in  Article  12,  the  second  Member  State 
shall  process  the  notification  and  inform  in  writing  the  applicant  and  the  first 
Member State of its decision to:  

(a) 

(b) 

issue  an  EU  Blue  Card  and  allow  the  applicant  to  reside  on  its  territory  for 
highly  qualified  employment  if  the  conditions  set  in  this  Article  are  fulfilled 
and under the conditions set out in Articles 8-15; 

refuse  to  issue  an  EU  Blue  Card  and  oblige  the  applicant  and  his/her  family 
members,  in  accordance  with  the  procedures  provided  for  by  national  law, 
including removal procedures, to leave its territory if the conditions set out in 
this Article are not fulfilled. The first Member State shall immediately readmit 
without  formalities  the  holder  of  the  EU  Blue  Card  and  his/her  family 
members. The provisions of Article 14 shall apply after readmission. 

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4. 

5. 

The applicant shall be responsible for the costs related to the return and readmission 
of him/her self and his/her family members, including by reimbursing costs incurred 
by public funds where applicable, pursuant to paragraph 3(b). 

In  application  of  this  Article,  Member  States  may  continue  to  apply  volumes  of 
admission as specified in Article 7. 

Article 20 

Access to the labour market of the second Member State for holders of the residence permit 
"long-term resident – EC / EU Blue Card holder" 

1. 

2. 

1. 

2. 

3. 

Article  14(4)  of  Directive  2003/109/EC  shall  not  apply  to  holders  of  the  residence 
permit "long-term resident – EC / EU Blue Card holder". 

In  cases  where  a  Member  State  decides  to  apply  the  restrictions  on  access  to  the 
labour market provided for in Article 14(3) of Directive 2003/109/EC, it shall give 
preference  to  holders  of  the  residence  permit  "long-term  resident  –  EC  /  EU  Blue 
Card holder" over other third-country nationals applying to reside there for the same 
purposes. 

Article 21 

Residence in the second Member State for family members 

When  the  holder  of  the  EU  Blue  Card  moves  to  a  second  Member  State  in 
accordance  with  the  provisions  of  Article  19  and  when  the  family  was  already 
constituted  in  the  first  Member  State,  the  members  of  his/her  family  shall  be 
authorised to accompany or join him/her. 

No later than one month after entering the territory of the second Member State, the 
family members concerned shall notify their presence to the competent authorities of 
that Member State and present an application for a residence permit. 

The  second  Member  State  may  require  the  family  members  concerned  to  present 
with their application for a residence permit: 

(a) 

their residence permit in the first Member State and a valid travel document; 

(b) 

(c) 

evidence that they have resided as members of the family of the holder of the 
EU Blue Card in the first Member State;  

evidence  that  they  have  a  sickness  insurance  covering  all  risks  in  the  second 
Member State, or that the holder of the Blue Card has such insurance for them.  

4. 

Where the family  was  not  already  constituted  in  the first  Member State, Article 16 
shall apply. 

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Chapter VI 

FINAL PROVISIONS 

Article 22 

Implementing measures 

Member States shall communicate to the Commission and the other Member States if 
legislative or regulatory measures are enacted in respect of Articles 7, 9(2), 19(5) and 
20 through the network established by Decision 2006/688/EC.  

The  information  pursuant  to  paragraph  1  shall  include  the  detail  of  the  measures 
concerned,  translated  into  an  official  language  of  the  Institutions  of  the  European 
Union other than the language of the Member State concerned. 

this  Directive],  Member  States  shall  communicate 

Annually,  and  for  the  first  time  no  later  than  1  April  of  [one  year  after  the  date  of 
transposition  of 
the 
Commission  and  the  other  Member  States  through  the  network  established  by 
Decision 2006/688/EC statistics on the volumes of third-country nationals who have 
been granted, renewed or withdrawn an EU Blue Card during the previous calendar 
year,  indicating  their  nationality  and  their  occupation.  Statistics  on  admitted  family 
members  shall  be  communicated  likewise.  For  holders  of  the  EU  Blue  Card  and 
members of their families admitted in accordance with the provisions of Articles 19 
to  21,  the  information  provided  shall  in  addition  specify  the  Member  State  of 
previous residence.  

to 

1. 

2. 

3. 

Article 23 

Reports 

Every  three  years,  and  for  the  first  time  no  later  than  [three  years  after  the  date  of 
transposition of this Directive], the Commission shall report to the European Parliament and 
the Council on the application of this Directive in the Member States and shall propose any 
amendments that are necessary. 

Article 24 

Contact points 

1. 

2. 

Member States shall appoint contact points which shall be responsible for receiving 
and transmitting the information referred to in Article 19. 

Member  States  shall  provide  appropriate  cooperation  in  the  exchange  of  the 
information and documentation referred to in the first paragraph. 

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Article 25 

Transposition 

1. 

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions necessary to comply with this Directive by [two years after the entry into 
force] at the latest. They shall forthwith communicate to the Commission the text of 
those provisions and a correlation table between those provisions and this Directive. 

When  Member  States  adopt  those  provisions,  they  shall  contain  a  reference  to  this 
Directive  or  be  accompanied  by  such  a  reference  on  the  occasion  of  their  official 
publication. Member States shall determine how such reference is to be made. 

2. 

Member States shall communicate to the Commission the text of the main provisions 
of national law which they adopt in the field covered by this Directive. 

Article 26 

Entry into force 

This  Directive  shall  enter  into  force  on  the  […]  day  following  that  of  its  publication  in  the 
Official Journal of the European Union. 

Article 27 

Addressees 

This Directive is addressed to the Member States. 

Done at Brussels, […] 

For the Council 
The President 

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