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Europe Daily Bulletin No. 9711
Contents Publication in full By article 13 / 31
GENERAL NEWS / (eu) eu/jha council

Debate continues on “blue card” for highly qualified migrants

Brussels, 25/07/2008 (Agence Europe) - EU immigration ministers discussed, on Thursday 24 July, the proposal for a European “blue card”, the aim of which is to attract highly qualified migrants from third countries into Europe. The proposal for a directive, presented in October 2007 by the European Commission, should be adopted unanimously by member states (EUROPE 9691). The “blue card”, like the “green card” in force in the United States, would allow the immigrant to have a work permit for two years renewable, issued under the same conditions in the 27 member states. The immigrant would also have the possibility to go and work in a second European state under the same conditions as for the first and to bring his family to join him according to expedited procedure, if wished.

Europe must be “attractive”: According to forecasts, the number of active Europeans will fall spectacularly in coming decades. This will create major shortfalls particularly for doctors, nurses, engineers and ICT specialists. France is hoping to use its period of EU presidency to have this “blue card” project adopted during the next European Council. “The blue card aims to make Europe an attractive place for migrants”, said Jacques Barrot, European Commissioner for Justice, Freedom and Security. “The whole of Europe (must be) attractive for prospective immigrants that have, moreover, demonstrated their high qualifications. It has to be said that we are in a competitive situation, mainly with the United States”, he pointed out during a press conference after the meeting of ministers. The Council held a policy debate on two essential aspects of the proposal: criteria to be retained so that third country nationals concerned may have access to highly qualified employment, and for the provisions of the proposal to act in a complementary manner with the national system. The Council was largely in favour of complementarity between the European “blue card” system and national schemes for issuing work and residence permits. “It is necessary to ensure that the two can work together in a complementary manner”, explained Brice Hortefeux, French Immigration Minister. “The blue card does not replace national cards”, specified Portuguese Secretary of State José Magalhães.

A compromise still to be found. On the question of the criteria to be selected so that third country nationals may be admitted, the delegations expressed differing points of view concerning, above all, the criterion of salary and the taking into account of professional experience (diplomas pose fewer problems) with a view to defining a highly qualified worker. The French Presidency's compromise recommended that higher education diploma be obtained corresponding to at least three years of study, or professional experience equivalent to at least five years. It also proposed a salary level corresponding to at least 1.5 times the average gross monthly income. The Council called for work to be continued on these points. After having pointed out that a “broad agreement” had been reached on the three criteria evoked during the debate, Mr Hortefeux nonetheless recalled that, on the question of salary, national systems were “very different” and that, as a result, it would be necessary to find “a formula that may be applied in each member state”. On the training criterion, he said the solution would be found in choosing three years of training, even though the Spanish are suggesting a qualification that is equivalent to four years' higher education. With regard to salary, Spain also expressed reservation as, in Spain, salaries are defined by collective agreement (as in Sweden). According to Spain, it would also be necessary to envisage the impact in terms of the brain drain from third countries. Finland takes the view that the salary should depend on supply and demand and national residence permits should continue to exist alongside the “blue card”, in order, above all, to allow member states to continue to decide who may live and work on their soil. The Netherlands and Germany are also in favour of this principle. There was no doubt that Austria was the country holding the most radical views. It takes the view that the national residence permit is the essential element and that the other systems, such as the “blue card” itself, must be seen as secondary. Austrians call not only for limited mobility of workers from third countries in the EU but also for a limited duration of stay. Far more in favour of the project, Belgium nonetheless spoke out against the principle of the coefficient for calculating salary. “We shall look for a compromise”, concluded Mr Hortefeux during the press conference.

On the proposal for a “blue card” as well as on that for criminalisation of those employing illegal workers (see EUROPE 9710), France fixed itself the target of reaching an agreement under French EU Presidency. During a meeting with a number of journalists, the Swedish minister for immigration, Tobias Billström, nonetheless pointed out that adoption of the two proposals could “take more time so that they may be discussed”. Although he admitted he was in favour of the “blue card”, he is more cautious about the “penalties” directive. He also pointed out that it will be “difficult to resolve this issue” until criminal law is brought within Community scope - and for this to be the case, the Lisbon Treaty must come into effect. (B.C./transl.jl)

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