Access to information and monitoring
1. Member States shall make easily accessible to applicants for an EU Blue Card information on the documentary evidence needed for an application, as well as information on entry and residence conditions applicable to third-country nationals falling under the scope of this Directive and to their family members, including their rights and obligations and the procedural safeguards. That information shall include information on the salary thresholds set in the Member State concerned in accordance with Article 5(3), (4) and (5) and on the applicable fees.
That information shall also include information on:
(a)
business activities in the territory of the Member State concerned in which an EU Blue Card holder from another Member State as referred to in Article 20 is allowed to engage; and
(b)
the procedures applicable to obtaining an EU Blue Card and residence permits for family members in a second Member State, as referred to in Articles 21 and 22.
Where Member States decide to introduce legislative or regulatory measures in accordance with Article 6 or to make use of the possibility provided for by Article 7(2), point (a), they shall communicate information about such decisions in the same way. Information regarding any checks of the labour market situation pursuant to Article 7(2), point (a), shall specify, where appropriate, the sectors, occupations and regions concerned.
2. Where Member States issue national residence permits for the purpose of highly qualified employment, they shall ensure the same access to information on the EU Blue Card as is provided with respect to national residence permits.
3. Member States shall communicate the following information to the Commission at least once per year and whenever the information is modified:
(a)
the factor they have set for determining the annual salary thresholds in accordance with Article 5(3) or, where applicable, Article 5(4) or (5), and the resulting nominal amounts;
(b)
the list of the professions for which a lower salary threshold in accordance with Article 5(4) applies;
(c)
a list of allowed business activities, for the purposes of Article 20;
(d)
information on legislative or regulatory measures as referred to in Article 6, where applicable;
(e)
information regarding any checks of the labour market situation provided for in Article 7(2), point (a), where applicable.
Where Member States reject applications for an EU Blue Card based on ethical recruitment considerations in accordance with Article 7(2), point (e), they shall communicate and justify such rejections to the Commission and to the other Member States each year with respect to the countries and professions concerned.
Member States shall inform the Commission of agreements with third countries concluded in accordance with Article 7(2), point (e).
Statistics
1. By 18 November 2025, and annually thereafter, Member States shall, in accordance with Regulation (EC) No 862/2007 of the European Parliament and of the Council ( 25 ) , communicate to the Commission statistics on the number of third-country nationals who were granted an EU Blue Card and those whose applications were rejected during the previous calendar year, specifying the applications that were considered inadmissible on grounds of Article 6 of this Directive or that were rejected under Article 7(2), point (a), of this Directive, as well as statistics on the numbers of third-country nationals whose EU Blue Card was renewed or withdrawn during the previous calendar year. Those statistics shall be disaggregated by citizenship, length of validity of permits, sex and age and, where available, by occupation, the size of the employer’s undertaking and economic sector. The statistics on third-country nationals who have been granted an EU Blue Card shall be further disaggregated with respect to beneficiaries of international protection, beneficiaries of the right to free movement and those who have acquired EU long-term resident status in a Member State in accordance with Article 18 of this Directive.
Statistics on admitted family members shall be communicated in the same manner, except as regards information on their occupation and the economic sector.
For EU Blue Card holders and their family members who have been granted residence permits in a second Member State in accordance with Articles 21 and 22 of this Directive, the information provided shall, in addition, specify the Member State of previous residence.
2. For the purpose of the implementation of Article 5(3), (4) and (5) of this Directive, reference shall be made to data provided by Member States to Eurostat in accordance with Regulation (EU) No 549/2013 of the European Parliament and of the Council ( 26 ) and, where appropriate, to national data.
List of occupations in Annex I
1. The occupations for which the knowledge, skills and competences attested by a number of required years of relevant professional experience are considered equivalent to the knowledge, skills and competence attested by higher education qualifications for the purpose of applying for an EU Blue Card shall be listed in Annex I.
2. By 18 November 2026, and every 2 years thereafter, the Commission shall submit a report to the European Parliament and to the Council on its assessment of the list of occupations in Annex I, taking into account the changing needs of the labour market. Those reports shall be drawn up after consulting national authorities, on the basis of a public consultation which shall include the social partners. On the basis of those reports, if appropriate, the Commission may submit legislative proposals for the amendment of Annex I.
Reporting
By 18 November 2026, and every 4 years thereafter, the Commission shall submit a report to the European Parliament and to the Council on the application of this Directive in the Member States.
Those reports shall, in particular, assess the impact of Articles 5 and 13 and Chapter V. The Commission shall propose any amendments that it considers to be necessary.
The Commission shall specifically assess the relevance of the salary threshold set in Article 5 and of the derogations provided for in that Article, taking into account, inter alia, the diversity of the economic, sectoral and geographical situations.
Cooperation between contact points
1. Member States shall appoint contact points which shall be responsible for receiving and transmitting the information needed to implement Articles 18, 20, 21 and 24 and shall cooperate effectively with each other.
2. The contact points referred to in paragraph 1 of this Article shall in particular cooperate effectively regarding validation arrangements with stakeholders in the education, training, employment and youth sectors, as well as in other relevant policy areas, needed to implement Article 5(1), point (b).
3. Member States shall ensure appropriate cooperation in the exchange of the information referred to in paragraph 1. Member States shall give preference to exchanging information via electronic means.
Amendment of Directive (EU) 2016/801
In Article 2(2) of Directive (EU) 2016/801, point (g) is replaced by the following:
‘(g)
who apply to reside in a Member State for the purpose of highly qualified employment within the meaning of Directive (EU) 2021/1883 of the European Parliament and of the Council ( *1 ) .
Repeal of Directive 2009/50/EC
Directive 2009/50/EC is repealed with effect from 19 November 2023.
References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table set out in Annex II.
Transposition
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 18 November 2023. They shall immediately communicate the text of those measures to the Commission.
When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. They shall also include a statement that references in existing laws, regulations and administrative provisions to the Directive repealed by this Directive shall be construed as references to this Directive. Member States shall determine how such reference is to be made and how that statement is to be formulated.
2. Member States shall communicate to the Commission the text of the main measures of national law which they adopt in the field covered by this Directive.
Entry into force
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .
Addressees
This Directive is addressed to the Member States in accordance with the Treaties.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
