© photothek / Thomas Trutschel
Reform of the immigration of skilled workers is coming
In the future, the immigration of skilled workers will be based on three pillars – the skilled workers pillar, the experience pillar and the potential pillar. The column of skilled workers forms the central element. The focus is on the concept of skilled workers, which requires equivalence of foreign professional qualifications. In the future, a skilled worker can do any qualified job. The law lowers the existing salary thresholds for the EU Blue Card and eases the conditions for young professionals. Family reunification should also be made easier. The new regulation reduces the period of residence required for the granting of a settlement permit for holders of an EU Blue Card, as well as for skilled workers and their family members. Foreign students are given additional opportunities for part-time employment. The law is also intended to make it easier to switch between stays for educational and commercial purposes.
“Chance card” as a new residence permit
Entry and taking up qualified employment without a qualification that is formally recognized in Germany should be open to all occupational groups. According to the reform, the prerequisite is two years of relevant professional experience, a minimum salary and at least two years of training that is state-recognized in the country of origin. The law introduces the so-called “chance card” as a new residence permit based on a points system and giving workers controlled access to the labor market to look for a job. To do this, workers must first provide evidence of a pre-qualification and have German language skills at level A 2 or English language skills at level B 2. The potential for sustainable labor market integration is to be determined on the basis of defined criteria such as qualifications, German language skills, professional experience and a connection to Germany. In the plenary session, the Federal Council also approved an ordinance that supplements and implements the law.
Supply bottlenecks for medicines – Federal Council approves countermeasures
The Medicines Supply Bottleneck Combating and Supply Improvement Act is intended to reduce the number of production and supply bottlenecks in medicines. Because the supply of pharmaceuticals in Germany was not sufficiently guaranteed at times, the law provides for an early warning system in the Federal Institute for Drugs and Medical Devices. In addition, it contains structural measures in the area of fixed prices, discount agreements and the supply of children’s medicines. To compensate for short-term and short-term disruptions in the supply chain or a short-term increase in the need for off-patent medicines, an obligation to keep stocks for several months is also being introduced. In order to ensure a proper supply of medicines in hospitals, hospital pharmacies have increased storage obligations for certain medicines in intensive care. Greater stockpiling is also planned for cancer drugs. For recognized reserve antibiotics with new active ingredients, manufacturers can maintain the sales price chosen at market launch for a period of six months.
Drug checking and sick leave over the phone
In addition to regulations on the supply of medicines, the law also contains the legal framework for pilot projects for so-called drug checking in the federal states. During drug checking, drugs are examined for their ingredients. Consumers should thus be better protected from dangerous substances that could be mixed into drugs. In addition, the law continues the special regulation created during the corona pandemic for determining incapacity for work after a telephone anamnesis. Some bureaucratic regulations will be relaxed for pharmacies, for example for exchange regulations for unavailable medicines. The so-called retaxation, which means that health insurance companies do not pay in the event of formal errors on prescriptions, will be adjusted in favor of the pharmacies.
Countries approve state label for animal husbandry
The new label for fresh meat from pigs decided by the Bundestag comes: The Bundesrat has approved the corresponding law by waiving the appeal to the mediation committee. In the future, the state label will inform consumers about the type of husbandry the animal came from. The law defines five levels for this: stable, stable + space, fresh air stable, exercise area/pasture and organic. Initially, the seal is only mandatory for fresh meat from fattening pigs that is offered in the food trade, in butcher shops and in online trade. In an accompanying resolution, the Bundesrat calls on the federal government to present a long-term financing concept for the desired transformation process, to promptly expand the husbandry labeling to the production stages of piglet production and piglet rearing and to include regulations for other animal species in addition to pigs in the law.
Green light for LNG acceleration and more wind energy
The Federal Council has also approved amendments to the LNG Acceleration Act and the Energy Industry Act, thereby completing a short parliamentary procedure. The Acceleration Act, which has been in force since 2022, will be supplemented by the Mukran site on the island of Rügen. The aim is to simplify the construction of a floating LNG terminal in the port there so that it can go into operation in winter 2023/24. The law also specifies the requirements for the climate-neutral subsequent use of stationary land-based systems with hydrogen and derivatives after 2043, which have a long lead time: the corresponding approval procedures should begin as early as summer 2023. The aim is to avoid costly and time-consuming conversions for later operation with hydrogen derivatives and to give investors planning security. In addition, municipalities will have more leeway in the future to designate additional areas for the use of wind energy in the short term. To this end, the law expands the planning law scope of the authorities in the building code.
Federal Council clears the way for a blocking clause in European elections
On Friday, the Federal Council also approved a law with the required two-thirds majority that paves the way for the introduction of a threshold clause in elections to the European Parliament. The law provides for Germany’s approval of an EU decision, the entry into force of which required Germany to set a minimum seat allocation threshold of no less than 2%. Other provisions in the decision relate to the deadline for submitting applications for elections to the European Parliament. In addition, it stipulates that the Member States can provide for the possibility of early voting, postal voting and electronic voting on the Internet. Member States should also ensure that double voting is prevented. There has no longer been a freeze clause in German European electoral law since the Federal Constitutional Court declared the freeze clause envisaged at the time in 2014 to be incompatible with the Basic Law due to the lack of binding European law requirements.
Federal Council approves ban on aroma in tobacco heaters
Vanilla, chocolate, cherry, apple and other signature flavors and flavorings will no longer be available for tobacco heaters. The Bundesrat also approved this amendment to the Tobacco Products Act passed by the Bundestag on Friday. This extends the ban that previously only applied to cigarettes and roll-your-own tobacco to heaters. Manufacturers of heated tobacco products must also attach text-image warnings and so-called information messages to the packaging. At the same time, the Federal Government has specified details in an ordinance to amend the Tobacco Products Ordinance, which the Bundesrat has also approved.
Editor beck-aktuell, Esther Wiemann, July 7, 2023.
Related Links
On the topic on the internet
The legislative resolution of the German Bundestag on the Medicines Supply Bottleneck Combating and Supply Improvement Act (BR-Drs. 288/23) can be found on the website of the Federal Council in pdf format.
The legislative resolution of the German Bundestag on the law for the further development of skilled worker immigration (BR-Drs. 289/23) can be found on the website of the Federal Council in pdf format.
The legislative resolution of the German Bundestag on the Animal Husbandry Labeling Act (BR-Drs. 272/23) can be found on the website of the Federal Council in pdf format.
The legislative resolution of the German Bundestag on the third law amending the Tobacco Products Act (BR-Drs. 287/23) can be found on the website of the Federal Council in pdf format.
From the beck-online database
Offer, The Skilled Immigration Act 1.1, ZRP 2023, 101
Schlamp, employment of foreign skilled workers, BB 2023, 948
Felisiak/Schlamp, Shortage of skilled workers – solution through foreign skilled workers?, SPA 2023, 9
From the news archive
Bundestag decides on drug reform, report from the beck-aktuell editorial team of June 26th, 2023, becklink 2027512
Bundestag passes new immigration law, report from the beck-aktuell editorial team of June 23, 2023, becklink 2027492
German environmental aid with lawsuit against LNG line failed, report from the beck-aktuell editorial team of June 23, 2023, becklink 2027491
Bundestag votes for revival of the blocking clause in European elections, report by the beck-aktuell editorial team of June 16, 2023, becklink 2027392
Plans for the animal husbandry label do not go far enough, experts report from the beck-aktuell editorial team on January 17th, 2023, becklink 2025866