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EU Parl Watch

Changes between two versions

What changed between the plenary report and the adopted text

From · plenary report· 13 Apr 2023

A-9-2023-0140

on the proposal for a directive of the European Parliament and of the Council concerning 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 (recast)

To · adopted text· 13 Mar 2024

TA-9-2024-0146

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 (recast)

These two texts have too little in common to compare paragraph by paragraph: they are different documents rather than versions of one (for example one group’s motion and the joint text that was adopted).

Changes to the text itself, in document order. Cover page, citations and punctuation-only edits are left out; they are under “Every difference”.

The changes · 1

Change 1

Removed:Recital 1: (1) A number of amendments are to be made to Directive 2011/98/EU of the European Parliament and of the Council38 . On the continued basis that the Union should ensure the fair treatment of third-country nationals who are legally residing in the territory of the Member States and that a more vigorous integration policy should aim to grant those third-country nationals rights and obligations comparable to those of citizens of the Union, and in the interests of clarity, that Directive should be recast.

Added:P9_TC1-COD(2022)0131

Removed:Recital 3: (3) In order to allow initial entry into their territory, Member States should issue a single permit to successful applicants or, if they issue single permits only after entry, a visa. Member States should issue such single permits or visas within the time limits established in this Directive

Added:Position of the European Parliament adopted at first reading on 13 March 2024 with a view to the adoption of Directive (EU) 2024/… of the European Parliament and of the Council 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 (recast)

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Removed:Amendment to parts of the proposal which remain unchanged ('white part') was necessary for pressing reasons relating to the internal logic of the text and because it is inextricably linked to other admissible amendments. Due to the changes in provisions of Articles 4 and 5, this recital needs to be amended.

Added:(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive (EU) 2024/1233.)

Removed:Recital 4: (4) A set of rules governing the procedure for examination of the application for a single permit should be laid down. That procedure should be efficient and effective, as harmonised and coordinated as possible, as well as transparent, non-discriminatory, gender-responsive, inclusive and fair, in order to offer appropriate legal certainty to those concerned within a reasonable time frame. In order to reinforce and promote the use of such single permits, Member States and the Commission are encouraged to strengthen advertisement activities and information campaigns, including, where appropriate, activities and campaigns directed towards third countries.

Removed:Amendment to parts of the proposal which remain unchanged ('white parts') was necessary for pressing reasons relating to the internal logic of the text.

Removed:Recital 4 a (new): (4a) The European Pillar of Social Rights (the ‘Pillar’), proclaimed at Gothenburg on 17 November 2017, establishes a set of principles to serve as a guide towards ensuring equal opportunities and access to the labour market, fair working conditions, and social protection and inclusion, which should also guide the treatment of third-country workers residing in the Union.

Removed:Amendment to parts of the proposal which remain unchanged ('white parts') was necessary for pressing reasons relating to the internal logic of the text and because the amendment is inextricably linked to other admissible amendments.

Removed:Recital 5: (5) The provisions of this Directive should be without prejudice to the right of the Member States to determine volumes of admission of third-country nationals coming from third countries to their territory in order to seek work, whether employed or self-employed, in accordance with Article 79(5) of the Treaty on the Functioning of the European Union (TFEU).

Removed:Amendment to parts of the proposal which remain unchanged ('white parts') was necessary for pressing reasons relating to the internal logic of the text.

Removed:Recital 6: (6) This Directive should cover employment contracts and employment relationships between third-country workers and employers. A third-country worker should be considered to be any third-country national who is admitted to the territory of a Member State and who is legally residing and allowed to work in the context of an employment contract or employment relationship in that Member State, in accordance with national law, collective agreements or practice , and in line with the case-law of the Court of Justice of the European Union regarding workers. Where a Member State’s national law allows the admission of third-country nationals through temporary work agencies established on its territory and which have an employment contract or employment relationship with the worker, such agencies should also be included in the scope of this Directive.

Removed:Recital 8: (8) Third-country nationals who are beneficiaries of protection in accordance with national law, international obligations or the practice of a Member State, and third-country nationals who are beneficiaries of temporary protection, should be covered by the scope of this Directive in order to be granted an enhanced set of rights.

Removed:Recital 10: (10) Third-country nationals who have been admitted to the territory of a Member State to work on a seasonal basis and have applied for admission or have been admitted to the territory of a Member State in accordance with Directive 2014/36/EU of the European Parliament and of the Council41 while falling within the scope of Directive 2014/36/EU, which establishes a specific regime, should still have the possibility to apply for a single permit and thus benefit from this Directive.

Removed:Amendment to parts of the proposal which remain unchanged ('white parts') was necessary for pressing reasons relating to the internal logic of the text.

Removed:Recital 11: (11) The Member State should allow the application for a single permit to be submitted by either the third-country national or the prospective employer on his or her behalf. The Member States should allow the application for a single permit to be submitted both in the Member State in which the third-country national is legally present and from a third country.

Removed:Amendment to parts of the proposal which remain unchanged ('white parts') was necessary for pressing reasons relating to the internal logic of the text.

Removed:Recital 12: (12) The provisions of this Directive on the single application procedure and on the single permit should not affect uniform or long-stay visas , with the exception of the obligation for Member States to issue the requisite visa within the time limit of 90 days set out to adopt a decision on the Single Permit. Where a Member State allows third-country nationals to work on their territory on the basis of a visa, Chapter II of this Directive should not apply and the procedures laid down in national law for obtaining a visa apply.

Removed:Amendment to parts of the proposal which remain unchanged ('white parts') was necessary for pressing reasons relating to the internal logic of the text.

Removed:Recital 13: (13) The time limit for adopting a decision on the application should cover the entire procedure, including any check of the labour market situation, the recognition of professional qualifications and other qualifications, where relevant, and the issuing of the requisite visa, where necessary.

Removed:Amendment to parts of the proposal which remain unchanged ('white parts') was necessary for pressing reasons relating to the internal logic of the text.

Removed:Recital 13 a (new): (13a) Where, prior to his or her application being submitted, an applicant has taken part in an EU Talent Partnership with a third country, he or she has already established links with the Union. In such a situation, the time limit for adopting a decision on the application should be shortened to 45 days. Likewise, where the applicant is already a single permit holder in another Member State, the time limit for adopting a decision on the application should be shortened to 45 days.

Removed:Amendment to parts of the proposal which remain unchanged ('white parts') was necessary for pressing reasons relating to the internal logic of the text and because the amendment is inextricably linked to other admissible amendments.

Removed:Recital 14: (14) It is appropriate that Member States carry out only one substantive check of the documentation submitted by the applicant for the issuing of both a single permit and the requisite visa in order to avoid duplication of work and prolonging the procedures. Furthermore, Member States should require applicants to submit the relevant documentation only once. Documents can be submitted in electronic or in paper format.

Removed:Recital 16: deleted

Removed:Amendment to parts of the proposal which remain unchanged ('white parts') was necessary for pressing reasons relating to the internal logic of the text and because the amendment is inextricably linked to other admissible amendments.

Removed:Recital 17: (17) The single permit should be drawn up in accordance with Council Regulation (EC) No 1030/200242 , enabling Member States to enter further information, in particular as to whether or not the person is permitted to work. A Member State should indicate, inter alia, for the purpose of better control of migration, not only on the single permit but also on all the issued residence permits, the information relating to the permission to work, irrespective of the type of the permit or the residence permit on the basis of which the third-country national has been admitted to the territory and has been given access to the labour market of that Member State. Member States should grant access to such information, including any changes thereto, to the third-country national.

Removed:Amendment to parts of the proposal which remain unchanged ('white parts') was necessary for pressing reasons relating to the internal logic of the text and because the amendment is inextricably linked to other admissible amendments.

Removed:Recital 19: (19) The provisions of this Directive on the single permit and on the residence permit issued for purposes other than work should not prevent competent authorities from collecting information related to employment conditions for the purpose of monitoring, implementing and enforcing labour and social security regulations. Member States should be able to issue an additional paper document in order to be able to give more precise information on the employment contract or employment relationship for which the format of the residence permit leaves insufficient space. Such a document can serve to prevent the exploitation of third-country nationals and combat illegal employment but should be optional for Member States, should not be a requirement for the third-country national to obtain, and should not serve as a substitute for a work permit thereby compromising the concept of the single permit. Changes to the employment conditions contained in that document should not in itself constitute a change of employer for the purposes of the single permit. Technical possibilities offered by Article 4 of Regulation (EC) No 1030/2002 and point (a)20 of the Annex thereto can also be used to store such information in an electronic format.

Removed:Amendment to parts of the proposal which remain unchanged ('white parts') was necessary for pressing reasons relating to the internal logic of the text.

Removed:Recital 20: (20) The conditions and criteria on the basis of which an application to issue, amend or renew a single permit can be rejected, or on the basis of which the single permit can be withdrawn, should be objective and proportionate, and should be laid down in national law. It should be possible for those conditions and criteria to include the obligation to respect the principle of Union preference as expressed in particular in the relevant provisions of the 2003 and 2005 Acts of Accession. Any decision to reject an application to issue, amend or renew a single permit and any decision to withdraw a single permit should be based on criteria provided for by Union or national law, should take into consideration the individual circumstances of the case, respect the principle of proportionality and be in full compliance with Article 47 of the Charter of Fundamental Rights of the European Union (the Charter). In particular, where the grounds for rejection, withdrawal or refusal to renew a single permit relate to the conduct of the employer of the third-country national concerned, the employer’s minor misconduct should in no case constitute the sole ground for rejecting an application for a single permit or withdrawing or refusing to renew a single permit. The decision should be notified in writing to the third-country national concerned and, where relevant, to the employer of that third-country national in accordance with notification procedures set out in the relevant national law. The …

Removed:Amendment to parts of the proposal which remain unchanged ('white parts') was necessary for pressing reasons relating to the internal logic of the text and the amendment is inextricably linked to other admissible amendments.

Removed:Recital 20 a (new): (20a) In order to ensure third-country nationals and their families have effective access to their rights, Member States should provide them with information on mechanisms for filing complaints and legal redress, on national labour inspectorates, on organisations representing third-country national workers, in particular trade unions and non-governmental and community associations, as well as on the employers’ obligations to inform them of their workers’ rights under Directive (EU) 2019/1152 of the European Parliament and of the Council43a and under other relevant Union and national law and practice. / 43a Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union (OJ L 186, 11.7.2019, p.105).

Removed:Amendment to parts of the proposal which remain unchanged ('white parts') was necessary for pressing reasons relating to the internal logic of the text and because the amendment is inextricably linked to other admissible amendments.

Removed:Recital 22: (22) In the absence of horizontal Union legislation, the rights of third-country nationals vary, depending on the Member State in which they work and on their nationality. With a view to developing further a coherent immigration policy and narrowing the rights gap between citizens of the Union and third-country nationals legally working in a Member State and complementing the existing immigration acquis, a set of rights should be laid down in order, in particular, to specify the fields in which equal treatment between a Member State’s own nationals and such third-country nationals who are not yet long-term residents is provided. Such provisions are intended to establish a minimum level playing field within the Union, to recognise that such third-country nationals contribute to the Union economy through their work and tax payments and to serve as a safeguard to reduce unfair competition between a Member State’s own nationals and third-country nationals resulting from the possible exploitation of the latter. A third–country worker in this Directive should be defined, without prejudice to the interpretation of the concept of employment contract or employment relationship in other provisions of Union law, as a third-country national who has been admitted to the territory of a Member State, who is legally residing and who is allowed, in the context of an employment contract or an employment relationship, to work there in accordance with national law, collective agreements or natio…

Removed:Amendment to parts of the proposal which remain unchanged ('white parts') was necessary for pressing reasons relating to the internal logic of the text.

Removed:Recital 22 a (new): (22a) When a single permit holder changes employer, the new employer should communicate to the competent authorities details of the employment, providing information on the name and address, the habitual place of work of the single permit holder, the type of work, the working hours and the remuneration. That communication should be carried out in accordance with procedures laid down in national law. Minor errors or omissions in such communication should not prevent the single permit holder from taking up the new employment.

Removed:Amendment to parts of the proposal which remain unchanged ('white parts') was necessary for pressing reasons relating to the internal logic of the text and because the amendment is inextricably linked to other admissible amendments.

Removed:Recital 23: (23) All third-country nationals who are legally residing and working in Member States should enjoy at least a common set of rights based on equal treatment with the nationals of the Member State where they reside, irrespective of the initial purpose of or basis for admission. The right to equal treatment in the fields covered by this Directive should be granted not only to those third-country nationals who have been admitted to a Member State to work but also to those who have been admitted for other purposes and have been given access to the labour market of that Member State in accordance with other provisions of Union or national law, including family members of a third-country worker who are admitted to the Member State in accordance with Council Directive 2003/86/EC45 ; third-country nationals who are admitted to the territory of a Member State in accordance with Directive (EU) 2016/801 of the European Parliament and of the Council46 .

Removed:Amendment to parts of the proposal which remain unchanged ('white parts') was necessary for pressing reasons relating to the internal logic of the text.

Removed:Recital 24: (24) The right to equal treatment in fields covered by this directive should be strictly linked to the third-country national’s legal residence and the access given to the labour market in a Member State, which are enshrined in the single permit encompassing the authorisation to reside and work and in residence permits issued for other purposes containing information on the permission to work.

Removed:Amendment to parts of the proposal which remain unchanged ('white parts') was necessary for pressing reasons relating to the internal logic of the text.

Removed:Recital 25: (25) Working conditions as referred to in this Directive should cover at least the terms of employment, remuneration, dismissal, employment security, health and safety at the workplace, maternity protection and leave, working time and leave, taking into account collective agreements in force.

Removed:Amendment to parts of the proposal which remain unchanged ('white parts') was necessary for pressing reasons relating to the internal logic of the text.

Removed:Recital 26: (26) A Member State should recognise professional qualifications and other qualifications acquired by a third-country national in another Member State in the same way as those of citizens of the Union and should take into account qualifications acquired in a third country in accordance with Directive 2005/36/EC of the European Parliament and of the Council47 . The right to equal treatment accorded to third-country workers as regards recognition of diplomas, certificates and other professional qualifications in accordance with the relevant national procedures should be without prejudice to the competence of Member States to admit such third-country workers to their labour market.

Removed:Amendment to parts of the proposal which remain unchanged ('white parts') was necessary for pressing reasons relating to the internal logic of the text and because of inextricable link to other admissible amendments.

Removed:Recital 26 a (new): (26a) The single permit should entitle the third-country national to seek employment and change employer during the period of its validity or until a decision on an application for a renewal has been notified to the third-country national concerned. Where a change of employer takes place, Member States should require notification of such change prior to the commencement of that employment and of information related to the new employment contract or employment relationship. In the event of the unemployment of the third-country national, the single permit should not be withdrawn until the period of unemployment has lasted at least nine months.

Removed:Amendment to parts of the proposal which remain unchanged ('white parts') was necessary for pressing reasons relating to the internal logic of the text and because the amendment is inextricably linked to other admissible amendments.

Removed:Recital 27: (27) Third-country workers should enjoy equal treatment as regards social security, including portability of rights. Branches of social security are defined in Regulation (EC) No 883/2004 of the European Parliament and of the Council48 . The provisions on equal treatment concerning social security in this Directive should also apply to workers admitted to a Member State directly from a third country.

Removed:Amendment to parts of the proposal which remain unchanged ('white parts') was necessary for pressing reasons relating to the internal logic of the text.

Removed:Recital 31: deleted

Removed:Recital 32: (32) For the purpose of proper enforcement of the rights, benefits and guarantees of this Directive, Member States should ensure, in cooperation with the social partners and in accordance with ILO Convention No. 81 on Labour Inspection, that appropriate mechanisms are in place for the monitoring of employers and that, where appropriate, effective, timely, proportionate, non-discriminatory and adequate controls and field inspections, including routine and unannounced visits, are carried out on their respective territories to ensure decent working conditions and equal treatment of third-country workers. To that aim, Member States should provide for appropriate resources so as to ensure the capability of enforcement authorities to proactively target and pursue non-compliant employers. The selection of employers to be inspected should be based primarily on a risk assessment to be carried out by the competent authorities in the Member States taking into account factors such as the sector in which a company operates and any past record of infringement.

Removed:Recital 32 a (new): (32a) To reinforce the equal treatment of third-country workers, Member States should provide for effective, proportionate and dissuasive penalties against employers in the event of infringements of national provisions adopted pursuant to this Directive, in particular with regard to working conditions, freedom of association and affiliation and access to social security benefits.

Removed:Amendment to parts of the proposal which remain unchanged ('white parts') was necessary for pressing reasons relating to the internal logic of the text and because the amendment is inextricably linked to other admissible amendments.

Removed:Recital 33: (33) Member States should also ensure, in their national legal systems, the equal access of third-country workers to an effective legal remedy, in accordance with Article 47 of the Charter, and put in place timely, accessible, impartial, gender-sensitive and effective mechanisms through which third-country workers may seek legal redress and lodge complaints directly and through third parties having, in accordance with the criteria laid down by the national law, a legitimate interest in ensuring compliance with this Directive, such as trade unions or other associations, or through competent authorities. The possibility to lodge complaints through third parties is considered necessary to address situations where third-country workers are unaware of the existence of enforcement mechanisms or hesitant to use them in their own name out of fear of the possible consequences.

Removed:Recital 34: deleted

Removed:Recital 36: (36) 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 features, language, religion or beliefs, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation. / (deleted) / (deleted)

Removed:Amendment to parts of the proposal which remain unchanged ('white parts') was necessary for pressing reasons relating to the internal logic of the text.

Removed:Recital 39 – paragraph 1: In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice , annexed to the TEU and to the Treaty on the Functioning of the European Union (TFEU), and without prejudice to Article s 3 and 4 of that Protocol, Ireland is not taking part in the adoption of this Directive and are not bound by it or subject to its application.

Removed:Amendment to parts of the proposal which remain unchanged ('white parts') was necessary for pressing reasons relating to the internal logic of the text.

Removed:Recital 39 – paragraph 3: [In accordance with Article 4a of the Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice , annexed to the TEU and to the Treaty on the Functioning of the European Union (TFEU), and without prejudice to Article 4 of that Protocol, Ireland has notified [, by letter of …,] its wish to take part in the adoption and application of Directive. ]

Removed:Amendment to part of the proposal which remains unchanged ('white parts') was necessary for pressing reasons relating to the internal logic of the text.

Removed:Article 1 – paragraph 1 – point a: (a) a single application procedure for issuing a single permit for third-country nationals to reside for the purpose of work in the territory of a Member State, in order to simplify the procedures for their admission and to recognise and facilitate the control of their status;

Removed:Amendment to parts of the proposal which remain unchanged ('white parts') was necessary for pressing reasons relating to the internal logic of the text and because the amendment is inextricably linked to other admissible amendments.

Removed:Article 1 – paragraph 2: 2. This Directive shall not affect the right of Member States to determine volumes of admission of third-country nationals coming from third countries to their territory to seek work in accordance with Article 79(5) TFEU.

Removed:Amendment to parts of the proposal which remain unchanged ('white parts') was necessary for pressing reasons relating to the internal logic of the text and because the amendment is inextricably linked to other admissible amendments.

Removed:Article 2 – paragraph 1 – point a: (a) ‘third-country national’ means any person who is not a citizen of the Union within the meaning of Article 20(1) TFEU;

Removed:Amendment to parts of the proposal which remain unchanged ('white parts') was necessary for pressing reasons relating to the internal logic of the text.

Removed:Article 2 – paragraph 1 – point b: (b) ‘third-country worker’ means any third-country national who has been admitted to the territory of a Member State and who is legally residing and is allowed to work in the context of an employment contract or employment relationship in that Member State in accordance with national law, collective agreements or practice;

Removed:Amendment to parts of the proposal which remain unchanged ('white parts') was necessary for pressing reasons relating to the internal logic of the text.

Removed:Article 3 – paragraph 1 – introductory part: 1. This Directive shall apply to third-country nationals:

Removed:Amendment to parts of the proposal which remain unchanged ('white parts') was necessary for pressing reasons relating to the internal logic of the text and because the amendment is inextricably linked to other admissible amendments.

Removed:Article 3 – paragraph 1 – point a: (a) who apply to reside in a Member State for the purpose of work, including for the purposes of work-related training such as an apprenticeship;

Removed:Amendment to parts of the proposal which remain unchanged ('white parts') was necessary for pressing reasons relating to the internal logic of the text and because the amendment is inextricably linked to other admissible amendments.

Removed:Article 3 – paragraph 1 – point b: (b) who have been admitted to a Member State for purposes other than work, in accordance with Union or national law, who are allowed to work and who hold a residence permit in accordance with Regulation (EC) No 1030/2002;

Removed:Amendment to parts of the proposal which remain unchanged ('white parts') was necessary for pressing reasons relating to the internal logic of the text and because the amendment is inextricably linked to other admissible amendments.

Removed:Article 3 – paragraph 1 – point c: (c) who have been admitted to a Member State for the purpose of work, in accordance with Union or national law.

Removed:Amendment to parts of the proposal which remain unchanged ('white parts') was necessary for pressing reasons relating to the internal logic of the text and because the amendment is inextricably linked to other admissible amendments.

Removed:Article 3 – paragraph 2 – point c: (c) who are covered by Directives 96/71/EC, 2014/67/EU1a, 2018/957/EU1b or (EU) 2020/10571c of the European Parliament and of the Council as long as they are posted on the territory of the Member State concerned; / 1a Directive (EU) 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (OJ L 159, 28.5.2014, p. 11). / 1b Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provisions of services (OJ L 173, 9.7.2018, p. 16). / 1c Directive (EU) 2020/1057 of the European Parliament and of the Council of 15 July 2020 laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in the road transport sector and amending Directive 2006/22/EC as regards enforcement requirements and Regulation (EU) No 1024/2012 (OJ L 249, 31.7.2020, p. 49).

Removed:Amendment to parts of the proposal which remain unchanged ('white parts') was necessary for pressing reasons relating to the internal logic of the text and because the amendment is inextricably linked to other admissible amendments.

Removed:Article 3 – paragraph 2 – point e: deleted

Removed:Amendment to parts of the proposal which remain unchanged ('white parts') was necessary for pressing reasons relating to the internal logic of the text and because the amendment is inextricably linked to other admissible amendments.

Removed:Article 3 – paragraph 2 – point f: deleted

Removed:Amendment to parts of the proposal which remain unchanged ('white parts') was necessary for pressing reasons relating to the internal logic of the text and because the amendment is inextricably linked to other admissible amendments.

Removed:Article 3 – paragraph 2 – point i: deleted

Removed:Amendment to parts of the proposal which remain unchanged ('white parts') was necessary for pressing reasons relating to the internal logic of the text and because the amendment is inextricably linked to other admissible amendments.

Removed:Article 3 – paragraph 3: 3. Member States may decide that Chapter II does not apply to third-country nationals who have been either authorised to work in the territory of a Member State for a period not exceeding three months or who have been admitted to a Member State for the purpose of study.

Removed:Amendment to parts of the proposal which remain unchanged ('white parts') was necessary for pressing reasons relating to the internal logic of the text and because the amendment is inextricably linked to other admissible amendments.

Removed:Article 4 – paragraph 1: 1. An application to issue, amend or renew a single permit shall be submitted by way of a harmonised single application procedure. Member States shall allow applications for a single permit to be submitted by the third-country national or the third-country national’s employer. Where the third-country national submits an application, Member States shall allow the application to be introduced both from a third country and in the territory of the Member State in which the third-country national is legally present. Where the employer submits the application, the Member State concerned shall ensure that the third-country national on whose behalf the application has been submitted is kept informed about the status of the application and the outcome of the application in a timely manner and, where appropriate, in electronic format.

Removed:Amendment to parts of the proposal which remain unchanged ('white parts') was necessary for pressing reasons relating to the internal logic of the text and because the amendment is inextricably linked to other admissible amendments.

Removed:Article 4 – paragraph 3: 3. Provided that the requirements laid down by Union or national law for the single permit are fulfilled and where a Member State issues single permits only when the third-country national is on its territory, the Member State concerned shall issue the third country national with the requisite visa within the time-limit laid down in Article 5(2).

Removed:Article 4 – paragraph 4: 4. Member States shall issue a single permit, where the conditions provided for are met, to third-country nationals who apply for admission and to third-country nationals already admitted who apply to renew or amend their residence permit after the entry into force of the national implementing provisions.

Removed:Amendment to parts of the proposal which remain unchanged ('white parts') was necessary for pressing reasons relating to the internal logic of the text and because the amendment is inextricably linked to other admissible amendments.

Removed:Article 5 – title: Competent authority and time limits

Removed:Amendment to parts of the proposal which remain unchanged ('white parts') was necessary for pressing reasons relating to the internal logic of the text and because the amendment is inextricably linked to other admissible amendments.

Removed:Article 5 – paragraph 2 – subparagraph 1: That competent authority shall adopt a decision on the complete application and notify the applicant of that decision as soon as possible and in any event within 90 days of the date on which the application was submitted.

Removed:Amendment to parts of the proposal which remain unchanged ('white parts') was necessary for pressing reasons relating to the internal logic of the text and because the amendment is inextricably linked to other admissible amendments.

Removed:Article 5 – paragraph 2 – subparagraph 2: The time limit referred to in the first subparagraph shall cover the entire procedure. This shall include any check of conditions and criteria required under national law, such as a check of the labour market situation, and the recognition of professional, occupational or other qualifications, where necessary, as well as the issuing of the requisite visa referred to in Article 4(3).

Removed:Amendment to parts of the proposal which remain unchanged ('white parts') was necessary for pressing reasons relating to the internal logic of the text and because the amendment is inextricably linked to other admissible amendments.

Removed:Article 5 – paragraph 2 – subparagraph 2 a (new): Where the application is submitted by or on behalf of an applicant who has participated in an EU Talent Partnership with a third country, or where the applicant is already a single permit holder in another Member State, the competent authority shall adopt a decision on the complete application and notify the applicant of that decision within 45 days of the date on which the application was submitted.

Removed:Amendment to parts of the proposal which remain unchanged ('white parts') was necessary for pressing reasons relating to the internal logic of the text and because the amendment is inextricably linked to other admissible amendments.

Removed:Article 5 – paragraph 2 – subparagraph 3: Where no decision is taken within the time limits provided for in this paragraph and paragraph 4, any fee required by a Member State in accordance with Article 10 shall be reimbursed to the applicant. Further consequences shall be determined by national law and shall contribute to the effective implementation of the time limits.

Removed:Amendment to parts of the proposal which remain unchanged ('white parts') was necessary for pressing reasons relating to the internal logic of the text and because the amendment is inextricably linked to other admissible amendments.

Removed:Article 5 – paragraph 3: 3. The competent authority shall notify the decision to the applicant in writing. The notification shall include the reasons for the decision and information on the procedure for challenging the decision in accordance with Article 8. Where the application was submitted by the employer, the competent authority shall also notify the third-country national on whose behalf the application was submitted. Where the application was submitted by the third-country national, the competent authority shall also notify the employer that the decision has been communicated to the applicant. Where appropriate, the competent authority shall provide all such notifications in electronic format.

Removed:Amendment to parts of the proposal which remain unchanged ('white parts') was necessary for pressing reasons relating to the internal logic of the text and because the amendment is inextricably linked to other admissible amendments.

Removed:Article 5 – paragraph 4: 4. If the information or documents in support of the application are incomplete according to the criteria specified in national law, the competent authority shall notify the applicant in writing of the additional information or documents required, setting a reasonable deadline to provide them. The time limit referred to in paragraph 2 shall be suspended until the competent authority or other relevant authorities have received the additional information required. The applicant shall, where appropriate, be entitled to submit information or documentation in electronic format. If the additional information or documents is not provided within the deadline set, the competent authority may reject the application.

Removed:Amendment to parts of the proposal which remain unchanged ('white parts') was necessary for pressing reasons relating to the internal logic of the text and because the amendment is inextricably linked to other admissible amendments.

Removed:Article 6 – paragraph 1 – subparagraph 1: 1. Member States shall issue a single permit using the uniform format as laid down in Regulation (EC) No 1030/2002 and shall indicate the information relating to the permission to work in accordance with points (a)12 and 16 of the Annex thereto. The single permit shall be valid for a minimum period equivalent to the duration of the contract of employment or, where the employment contract is of indefinite duration, for two years.

Removed:Amendment to parts of the proposal which remain unchanged ('white parts') was necessary for pressing reasons relating to the internal logic of the text and because the amendment is inextricably linked to other admissible amendments.

Removed:Article 6 – paragraph 1 – subparagraph 2: Member States shall indicate additional information related to the employment contract or employment relationship of the third-country national, prior to the first working day, such as the name and address of the employer, habitual place of work, type of work, working hours and remuneration, in paper format, or store such data in electronic format as referred to in Article 4 of Regulation (EC) No 1030/2002 and in point (a)20 of the Annex thereto. A change to the conditions of employment indicated in the first sentence of this subparagraph shall not in itself constitute a change of employer. Member States shall grant the third-country national access to the additional information and shall inform the third-country national in writing and, where appropriate, in electronic format, about any changes to that information.

Removed:Amendment to parts of the proposal which remain unchanged ('white parts') was necessary for pressing reasons relating to the internal logic of the text and because the amendment is inextricably linked to other admissible amendments.

Removed:Article 7 – paragraph 1 – subparagraph 2: Member States may indicate additional information related to the employment contract or employment relationship of the third-country national, such as the name and address of the employer, habitual place of work, type of work, working hours and remuneration in paper format and store such data in electronic format as referred to in Article 4 of Regulation (EC) No 1030/2002 and point (a)20 of the Annex thereto. A change to the conditions of employment indicated in the first sentence of this subparagraph shall not in itself constitute a change of employer. Member States shall grant the third-country national access to the additional information and shall inform the third-country national in writing and, where appropriate, in electronic format, about any changes to that information.

Removed:Amendment to parts of the proposal which remain unchanged ('white parts') was necessary for pressing reasons relating to the internal logic of the text and because the amendment is inextricably linked to other admissible amendments.

Removed:Article 8 – paragraph 1: 1. A decision to reject an application to issue, amend or renew a single permit, or a decision to withdraw a single permit on the basis of criteria provided for by Union or national law, shall be notified in writing to the third-country national concerned and, where relevant, to the employer of that third-country national in accordance with Article 5(2), subparagraph 1 and notification procedures set out in the relevant national law. The notification shall specify the reasons for the decision and, where appropriate, may be provided in electronic format.

Removed:Amendment to parts of the proposal which remain unchanged ('white parts') was necessary for pressing reasons relating to the internal logic of the text and because the amendment is inextricably linked to other admissible amendments.

Removed:Article 8 – paragraph 2: 2. A decision rejecting the application to issue, amend or renew, or withdrawing a single permit shall be based on criteria provided for by Union or national law, take account of the specific circumstances of the case and respect the principle of proportionality. Such a decision shall be open to legal challenge in the Member State concerned, in accordance with national law. The written notification referred to in paragraph 1 shall specify the court or administrative authority where the third-country national concerned may lodge an appeal and the time limit therefor. Member States shall provide for an effective judicial remedy, in accordance with national law.

Removed:Amendment to parts of the proposal which remain unchanged ('white part') was necessary for pressing reasons relating to the internal logic of the text and because it is inextricably linked to other admissible amendments.

Removed:Article 8 – paragraph 3: deleted

Removed:Amendment to parts of the proposal which remain unchanged ('white part') was necessary for pressing reasons relating to the internal logic of the text and because it is inextricably linked to other admissible amendments.

Removed:Article 9 – paragraph 1 – introductory part: Member States shall make easily accessible, and provide, upon request, free of charge and in a language the third-country national can understand or can reasonably be expected to understand:

Removed:Amendment to parts of the proposal which remain unchanged ('white part') was necessary for pressing reasons relating to the internal logic of the text and because it is inextricably linked to other admissible amendments.

Removed:Article 9 – paragraph 1 – point a: (a) to the third-country national and the prospective employer, sufficient information on all the documentary evidence needed for an application and, where appropriate, on the applicable fees;

Removed:Amendment to parts of the proposal which remain unchanged ('white part') was necessary for pressing reasons relating to the internal logic of the text and because it is inextricably linked to other admissible amendments.

Removed:Article 9 – paragraph 1 – point b: (b) to the third-country national and family members of that third-country national information on entry and residence conditions, information on the rights, obligations and procedural safeguards linked to the single permit, including information on legal redress and organisations relevant for third-country national workers.

Removed:Article 10 – paragraph 1: Member States may require the payment of fees, where appropriate, for processing applications to issue and renew single permits in accordance with this Directive. The level of such fees shall not be disproportionate or excessive. Where fees for processing applications are paid by the employer, the employer shall not be entitled to recover such fees from the third-country national.

Removed:Amendment to parts of the proposal which remain unchanged ('white part') was necessary for pressing reasons relating to the internal logic of the text and because it is inextricably linked to other admissible amendments.

Removed:Article 11 – paragraph 1 – introductory part: 1. Where a single permit has been issued, it shall, during its period of validity and pending a decision on an application for its renewal, entitle its holder at least:

Removed:Amendment to parts of the proposal which remain unchanged ('white part') was necessary for pressing reasons relating to the internal logic of the text and because it is inextricably linked to other admissible amendments.

Removed:Article 11 – paragraph 1 – point a: (a) to enter, re-enter and reside in the territory of the Member State issuing the single permit, provided that the holder meets all admission requirements in accordance with national law;

Removed:Amendment to parts of the proposal which remain unchanged ('white part') was necessary for pressing reasons relating to the internal logic of the text and because it is inextricably linked to other admissible amendments.

Removed:Article 11 – paragraph 1 – point b: (b) to have free access to the entire territory of the Member State issuing the single permit;

Removed:Amendment to parts of the proposal which remain unchanged ('white part') was necessary for pressing reasons relating to the internal logic of the text.

Removed:Article 11 – paragraph 1 – point c: (c) to exercise the specific employment activity authorised under the single permit in accordance with national law;

Removed:Amendment to parts of the proposal which remain unchanged ('white part') was necessary for pressing reasons relating to the internal logic of the text.

Removed:Article 11 – paragraph 1 – point c a (new): (ca) to seek employment with different employers and to change employer;

Removed:Amendment to parts of the proposal which remain unchanged ('white part') was necessary for pressing reasons relating to the internal logic of the text and because it is inextricably linked to other admissible amendments.

Removed:Article 11 – paragraph 1 – point d: (d) to be informed about the holder’s own rights linked to the permit conferred by this Directive or by Union and national law, in accordance with Article 9 of this Directive;

Removed:Amendment to parts of the proposal which remain unchanged ('white part') was necessary for pressing reasons relating to the internal logic of the text and because it is inextricably linked to other admissible amendments.

Removed:Article 11 – paragraph 1 – point d a (new): (da) to receive the single permit in paper format and be able to access it in electronic format.

Removed:Amendment to parts of the proposal which remain unchanged ('white part') was necessary for pressing reasons relating to the internal logic of the text and because it is inextricably linked to other admissible amendments.

Removed:Article 11 – paragraph 2: deleted

Removed:Article 11 – paragraph 3 – subparagraph 1 – introductory part: Within the period of validity referred to in paragraph 1, Member States shall require that a change of employer be communicated by the new employer to the competent authorities in the Member State concerned prior to the commencement of the new employment, providing information on the name and address of the new employer, the habitual place of work, the type of work, the working hours and the remuneration, in accordance with procedures laid down in national law.

Removed:Article 11 – paragraph 3 – subparagraph 1 – point a: deleted

Removed:Article 11 – paragraph 3 – subparagraph 1 – point b: deleted

Removed:Article 11 – paragraph 3 – subparagraph 2: Member States shall ensure that the competent national authorities confirm receipt of the information referred to in the first subparagraph to the new employer and to the third-country national.

Removed:Article 11 – paragraph 3 – subparagraph 2 a (new): Within the period of validity referred to in paragraph 1, Member States may require that the change of employer be subject to a check of the labour market situation only where: / (a) the change of employer involves a change of sector for the single permit holder; and / (b) the Member State, in general, carries out checks on the labour market situation for applications for single permits.

Removed:Article 11 – paragraph 3 – subparagraph 2 b (new): On the basis of such a labour market check, the Member State may, within a period of 30 days from the date on which the change of employer has been communicated, refuse the change of employer.

Removed:Article 11 – paragraph 3 – subparagraph 2 c (new): Where the Member State does not refuse the change within 30 days, the change of employer shall be considered approved and the single permit holder may start the new employment.

Removed:Article 11 – paragraph 4: 4. In the event of unemployment of the single permit holder, and in order to allow the holder to find alternative employment, the single permit shall not be withdrawn for a period of at least nine months during which period the third country national shall be allowed to remain on the territory of the Member State concerned and to seek employment.

Removed:Article 13 – paragraph 1: 1. Member States shall, in cooperation with the social partners, provide for measures to prevent possible infringements by employers of the right to equal treatment of third-country workers and the provisions adopted pursuant to Article 12. Preventive measures shall include monitoring, risk assessment and inspections, particularly in sectors that have been identified through a risk assessment as at high risk of labour rights violations, in accordance with national law or administrative practice.

Removed:Article 13 – paragraph 2: 2. Member States shall lay down rules establishing the penalties to be imposed where employers are found to have infringed the rights of third-country workers protected under the provisions adopted pursuant to Article 12. Those penalties shall be effective, proportionate and dissuasive. Member States shall, without delay, notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.

Removed:Article 13 – paragraph 2 a (new): 2a. Where it is established that a single permit holder has experienced a serious violation of his or her rights as a result of the conduct of his or her employer, Member States shall extend the validity of the single permit for a period of twelve months, with full access to the labour market, to enable him or her to seek and find alternative employment.

Removed:Article 13 – paragraph 3: 3. Member States shall ensure that services in charge of inspection of labour or other competent authorities have access, without prior notice, to the work place and - where provided for under national law in respect of national workers - that organisations representing workers’ interests, in particular trade unions, have such access to the workplace. With the consent of the third-country worker, and where applicable, that access shall include access to accommodation.

Removed:Article 14 – paragraph 1 – introductory part: 1. Member States shall ensure that there are accessible, timely and effective mechanisms through which third-country workers may lodge complaints against their employers:

Removed:Article 14 – paragraph 1 – point a: (a) directly;

Removed:Article 14 – paragraph 1 – point b: (b) through third parties which have, in accordance with the criteria laid down by their national law, practices or applicable collective agreements, a legitimate interest in ensuring compliance with this Directive; and

Removed:Article 14 – paragraph 1 – point c: (c) through a competent authority of the Member State, where provided for under national law in respect of national workers.

Removed:Article 14 – paragraph 2: 2. Member States shall ensure that third parties referred to in paragraph 1, point (b) may engage either on behalf of or in support of a third-country worker, with his or her consent, in any judicial and/or administrative procedures aimed at or leading to enforcing the rights granted to the third-country worker pursuant to this Directive.

Removed:Article 14 – paragraph 3 – introductory part: 3. Member States shall ensure that third-country workers, including those whose employment relationship has come to an end, have the same access as nationals of the Member State where they reside with regard to:

Removed:Article 14 – paragraph 3 – point a: (a) measures protecting against dismissal, adverse treatment by the employer, or other adverse consequences as a result of a complaint or process seeking to enforce the rights granted pursuant to this Directive;

Removed:Article 14 – paragraph 3 – point b: (b) any judicial or administrative procedure, including complaints, mediation or dispute resolution mechanism seeking to enforce the rights granted pursuant to this Directive.

Removed:Article 14 – paragraph 3 – point b a (new): (ba) legal aid and assistance, in accordance with national law.

Removed:Article 16 – paragraph 1 – introductory part: Each Member State shall make easily accessible to the general public, including in relevant third countries, a regularly updated objective set of information drawing on all available sources:

Removed:Amendment to parts of the proposal which remain unchanged ('white part') was necessary for pressing reasons relating to the internal logic of the text and because it is inextricably linked to other admissible amendments.

Removed:Article 16 – paragraph 1 – point a: (a) concerning the conditions of third-country nationals’ admission to and residence in its territory for the purpose of work;

Removed:Amendment to parts of the proposal which remain unchanged ('white part') was necessary for pressing reasons relating to the internal logic of the text and because it is inextricably linked to other admissible amendments.

Removed:Article 16 – paragraph 1 – point b: (b) on all the documentary evidence needed for an application;

Removed:Article 16 – paragraph 1 – point c: (c) on entry and residence conditions, including the rights, obligations and procedural safeguards, of the third-country nationals, and their family members, falling under the scope of this Directive.

Removed:Article 17 – paragraph 2: 2. Annually, and for the first time no later than [ ] , Member States shall publish and communicate to the Commission (Eurostat) high-quality and comparable statistics including disaggregated gender and equality data on the volumes of third-country nationals who have applied for a single permit, those who have been granted a single permit, and those whose single permit has been renewed or withdrawn during the previous calendar year, in accordance with Regulation (EC) No 862/2007 of the European Parliament and of the Council55 . Those statistics shall relate to reference periods of one calendar year, be disaggregated by type of decision, reason, length of validity and citizenship and gender and be transmitted within six months after the end of the reference period.

Removed:Amendment to parts of the proposal which remain unchanged ('white part') was necessary for pressing reasons relating to the internal logic of the text and because it is inextricably linked to other admissible amendments.

Removed:Article 17 – paragraph 2 a (new): 2a. The Commission shall adopt, by means of an implementing act, a common template for data collected pursuant to paragraph 2.

Removed:Amendment to parts of the proposal which remain unchanged ('white part') was necessary for pressing reasons relating to the internal logic of the text and because it is inextricably linked to other admissible amendments.

Removed:INTRODUCTION TO THE EXPLANATORY STATEMENT

Removed:The Directive 2011/98/EU on a single application procedure for a Single Permit is an important instrument to regulate legal migration. Legal migration is the best instrument to combat irregular immigration and, therefore, it is positive and necessary. Demographic trends clearly show that the European Union’s population is shrinking and aging rapidly. This phenomenon is creating across our societies an increasing difficulty in finding workers in different sectors of activity and employment. The Covid pandemic has only made this trend more evident. Many employment sectors depend on the presence and availability of migrant workers and this dependence is particularly noticeable in frontline services.

Removed:At the same time, millions of people around the world are trying to build a better future for themselves and their families by migrating to other countries, and contributing with their talents and work to the development and prosperity of the societies in which they have chosen to live. Only few of them - one on five - arrive in Europe.

Removed:Unfortunately, Member States have not been able to build at EU level a coherent labour migration policy that facilitates the arrival of migrant workers and their full integration into our societies. Therefore, the result is a patchwork of different tools specific to different types of workers - the Blue Card Directive, the Seasonal Workers Directive, the Intra-Corporate Transfer Directive, the Single Permit Directive, the Students and Researchers Directive and the LongTerm Residents Directive. This renders the system as a whole unintelligible.

Removed:As pointed out by the Commission, in its Communication “Attracting skills and talent to the EU”, the European Union must be able to provide more opportunities for legal migration and mobility to the EU. Our economies need to attract new low and medium skilled thirdcountry national workers, with a common harmonized European framework matching people, skills and labour market needs. Such migration is not only a way of addressing the drive of the many thousands of people who seek a better and more prosperous life, who want to contribute with their talent to the well-being of our societies and who cannot find legal ways to reach Europe. It is also a way of addressing the needs of our economies and our companies that have an interest in having skilled workers and in finding solutions to the shortage of workers on the labour market.

Removed:This is why, as indicated several times by the European Parliament, and recently with the initiative reports on “New avenues for labour legal migration”, it is important to proceed rapidly with a review and harmonization of the existing legislative instruments, as we have done with the revision of the Blue Card Directive.

Removed:DETAILED PROVISIONS OF THE EXPLANATORY STATEMENT

Removed:The Rapporteur’s main objective is to make the procedure for obtaining a single permit as simple and quick as possible, so that it can become a useful tool for thirdcountry nationals seeking to come to the EU to work, and for our EU companies, big and small, to find the workers they need. It should allow for a swift response to the needs of the labour market and help strengthen legal channels for arriving in Europe for the purpose of work. An improved framework for managing low and medium skilled migration for employment purposes should have a positive impact on economic growth and, specifically, in filling labour shortages, by creating a greater pool of labour to meet labour market needs.

Removed:Secondly, it is essential to provide third-country workers equal treatment with other workers, guaranteeing them and their families social rights that protect them from labour exploitation, while at the same time facilitating their full integration into our societies. The introduction of measures to fight labour exploitation of third-country workers, as well as the reinforcement of their rights should improve the social status of third-country workers as valued members of our societies, therefore contributing to their integration and social inclusion. A fairer treatment of third-country workers in the workplace should also have a positive impact on national workers, as it should help combat the risk of ‘social dumping’.

Removed:The Commission's proposal, while representing a good starting point, must be improved. We need to be more ambitious. In the 21st century, it is not credible that we cannot process an application for a single permit within 90 days. This period should be a maximum, in line with the time limits provided for in other directives. This time limit must include all the steps of the process, including the issuance of the visa, as already proposed by the Commission, but also any other verification of the situation of the labour market and, where necessary, of the skills of the worker. Simpler and faster procedures lead to time and cost savings for national administrations and employers, and provide increased legal certainty for third-country nationals seeking to come to Europe to work.

Removed:The costs of obtaining the single permit must be reduced to the minimum necessary, to prevent costs from representing a drawback for workers and employers.

Removed:It is also important to empower third-country national workers, by treating them as rights bearers and thus by providing them with the possibility to change employer, making this procedure simpler and faster. Such a possibility will mean that the third-country worker will be less dependent on a single employer and this should greatly reduce the risks of exploitation and abuse.

Removed:Moreover, in the event of loss of employment, the worker must be entitled to remain on the territory for a long enough period of time so that he/she can find a new job and thus continue to benefit from the right to stay in the Member State. In this respect, the Commission's proposal does not adequately reflect the dynamics of the labour market and exposes the worker to a permanently precarious working life, and exposes the labour market to unnecessary churn and the loss on the investment made in his/her professional development.

Removed:The rights and guarantees of equal treatment, provided for in the Directive, must be as close as possible to the conditions granted to national or EU workers without limitations and exceptions, in order to make those rights and guarantees effective. The Rapporteur’s aim is to grant all third-country workers improved equal treatment and opportunities, in all main areas of life: work, education and training, social protection, access to goods and services, including housing, and increased protection from potentially severe abuses and exploitation, to allow them to maximise their contribution to our societies while maximising their opportunities in life.

Removed:Finally, in order to reinforce and promote the Single Permit scheme, it is important that Member States and the Commission will strengthen advertisement activities and information campaigns concerning the Single Permit, in particular towards third countries.

Removed:LETTER OF THE COMMITTEE ON LEGAL AFFAIRS

Removed:Mr Juan Fernando López Aguilar

Removed:Chair

Removed:Committee on Civil Liberties, Justice and Home Affairs

Removed:BRUSSELS

Removed:Subject: Opinion on Proposal for a Directive of the European Parliament and of the Council 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 (recast) (COM(2022)0655 – C90163/2022 – 2022/0131(COD))

Removed:Dear Mr Chair,

Removed:The Committee on Legal Affairs has examined the proposal referred to above pursuant to Rule 110 on recasting of Parliament's Rules of Procedure.

Removed:Paragraph 3 of that Rule reads as follows:

Removed:“If the committee responsible for legal affairs considers that the proposal does not entail any substantive changes other than those identified as such in the proposal, it shall inform the committee responsible for the subject matter thereof.

Removed:In such a case, over and above the conditions laid down in Rules 180 and 181, amendments shall be admissible within the committee responsible for the subject-matter only if they concern those parts of the proposal which contain changes.

Removed:However, amendments to parts of the proposal which remain unchanged may, by way of exception and on a case-by-case basis, be accepted by the Chair of the committee responsible for the subject matter if he or she considers that this is necessary for pressing reasons relating to the internal logic of the text or because the amendments are inextricably linked to other admissible amendments. Such reasons must be stated in a written justification to the amendments.”

Removed:Following the here attached opinion of the Consultative Working Party of the Legal Services of the Parliament, the Council and the Commission, which has examined the recast proposal, and in keeping with the recommendations of the Rapporteur, the Committee on Legal Affairs considers that the proposal in question does not include any substantive changes other than those identified as such and that, as regards the codification of the unchanged provisions of the earlier act with those substantive amendments, the proposal contains a straightforward codification of the existing text, without any change in its substance.

Removed:In conclusion, at its meeting of 21 March 2023, the Committee on Legal Affairs unanimously decided to recommend that the Committee on Civil Liberties, Justice and Home Affairs, as the committee responsible, proceed to examine the above proposal in accordance with Rule 110.

Removed:Yours sincerely,

Removed:Adrián Vázquez Lázara

Removed:Encl.: Opinion of the Consultative Working Party.

Removed:Annex

Removed:Brussels, 16 March 2023

Removed:OPINION

Removed:FOR THE ATTENTION OF THE EUROPEAN PARLIAMENT

Removed:THE COUNCIL

Removed:THE COMMISSION

Removed:Proposal for a Directive of the European Parliament and of the Council 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 (recast)

Removed:COM(2022) 655 of 27.4.2022 – 2022/0131(COD)

Removed:Having regard to the Inter-institutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts, and in particular to point 9 thereof, the Consultative Working Party consisting of the respective legal services of the European Parliament, the Council and the Commission met on 6 October 2022 and 1 February 2023 for the purpose of examining, among others, the aforementioned proposal submitted by the Commission.

Removed:At those meetings, an examination of the proposal for a Directive of the European Parliament and of the Council recasting Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011 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 resulted in the Consultative Working Party’s establishing, by common accord, that the following should have been marked with the grey-shaded type generally used for identifying substantive amendments:

Removed:- in recital 7, the adding of the words ‘subject to Directive 96/71/EC of the European Parliament and of the Council’;

Removed:- in recital 9, the adding of the word ‘globally’;

Removed:- in recital 17, the replacement of the word ‘title’ with the word ‘permit’;

Removed:- in recital 23, the replacement of the word ‘specified’ with the word ‘covered’;

Removed:- the entire text of recital 32 of Directive 2011/98/EU;

Removed:- in Article 1(2), the adding of the words ‘volume of’ and ‘coming from third countries to seek employment’ and the deletion of the words ‘to their labour markets’;

Removed:- in Article 3(2), point (c), the replacement of the words ‘posted for’ with the words ‘covered by Directive 96/71/EC’;

Removed:- in Article 9, point (a), the deletion of the word ‘complete’;

Removed:- in Article 10, the replacement of the word ‘may’ with the word ‘shall’;

Removed:- in Article 18(1), first subparagraph, the replacement of the words ‘25 December 2013’ with the words ‘[two years after the entry into force]’.

Removed:In consequence, examination of the proposal has enabled the Consultative Working Party to conclude, without dissent, that the proposal does not comprise any substantive amendments other than those identified as such. The Working Party also concluded, as regards the codification of the unchanged provisions of the earlier act with those substantive amendments, that the proposal contains a straightforward codification of the existing legal text, without any change in its substance.

Removed:F. DREXLER J.B. LAIGNELOT D. CALLEJA CRESPO

Removed:Jurisconsult acting Director-General Director-General

Removed:25.1.2023