Recognised employers
Article 13
1. Member States may provide for recognition procedures for employers in accordance with their national law or administrative practice for the purposes of a simplified procedure for obtaining an EU Blue Card. Where a Member State provides for such recognition procedures, it shall provide clear and transparent information to the employers concerned in relation to, inter alia, the conditions and criteria for recognition, the period of validity of the recognition and the consequences of non-compliance with the conditions for recognition, including the possible withdrawal or non-renewal of the recognition, as well as any sanctions that apply. The recognition procedures shall not entail disproportionate or excessive administrative burdens or costs for employers, in particular for small and medium-sized enterprises. 2. The simplified procedure shall include the processing of applications in accordance with the second subparagraph of Article 11(1). Applicants shall be exempt from presenting or providing one or more pieces of evidence referred to in Article 5(1), point (b) or (e), or in Article 5(7). 3. Member States may refuse to recognise an employer pursuant to paragraph 1 where a sanction has been imposed on that employer for: (a) the employment of illegally staying third-country nationals in accordance with Directive 2009/52/EC; (b) undeclared work or illegal employment under national law; or (c) failing to meet its legal obligations regarding social security, taxation, labour rights or working conditions. Any decision to refuse to recognise an employer shall take account of the specific circumstances of the case, including the time that has passed since the sanction was imposed, and shall respect the principle of proportionality. 4. Member States may refuse to renew, or may decide to withdraw, the recognition of an employer where the employer has not fulfilled its obligations under this Directive or where the recognition has been fraudulently acquired. 5. Where Member States issue national residence permits for the purpose of highly qualified employment and have established recognition procedures for employers facilitating the issuance of such residence permits, they shall apply the same recognition procedures to applications for EU Blue Cards where the recognition procedures for the issuance of such permits are more favourable than those provided for in paragraphs 1 to 4.