Changes between two versions

What changed between the draft committee report and the plenary report

From · draft committee report· 21 Nov 2022

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 · plenary report· 13 Apr 2023

A-9-2023-0140

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 · 81

Change 1

Changed: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.

Change 2

Removed:~~It is important not to forget the driving impulse for the original Single Permit Directive. This impulse, set out in Recital 2 of the original Directive, remains pertinent for the recast.~~

Added: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

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: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.

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Removed:In order for the changed provisions of Articles 4 & 5 to be properly explained in the recitals, this recital needs to be amended. Time limits are provided within which either the single permit is issued or a visa is issued which will allow for the single permit to be issued on the territory.

Added: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: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 well as transparent 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, directed towards third countries.

Added: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:~~In order for the changed provisions of Article 4 and 5 to be properly explained in the recitals, this recital needs to be amended.~~

Added: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: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.

Added: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:~~This is the wording of Article 79(5) TFEU which provides a residual competence to Member States.~~

Added: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:Recital 6: (6) This Directive should cover employment contracts and employment relationships between third-country workers and employers. Where a Member State’s national law allows 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 not be excluded from the scope of this Directive.

Added: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 9: (9) Third-country nationals who have acquired long-term resident status in accordance with Council Directive 2003/109/EC40 should not be covered by this Directive given their generally more privileged status and their specific type of residence permit ‘long-term resident-EU’.

Added: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:~~Linguistic adaptation~~

Added: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.

Change 3

Changed:Recital 10: (10) Third-country nationals who have ~~already~~ 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 ~~should~~while ~~not~~falling bewithin ~~covered~~the byscope ~~this~~of Directive ~~given~~2014/36/EU, ~~that~~which ~~they~~establishes ~~fall~~a ~~within~~specific ~~the~~regime, ~~scope~~should ofstill ~~Directive~~have ~~2014/36/EU,~~the ~~which~~possibility ~~establishes~~to apply for a ~~specific~~single ~~regime~~permit .and thus benefit from this Directive.

Change 4

Removed:Although persons who have been admitted to the EU as seasonal workers under Directive 2014/36/EU are governed by a different regime, this should not prevent applicants to a seasonal worker's permit from simultaneously applying for and, if successful, receiving a single permit (instead of a seasonal workers permit). Excluding them entirely from the scope of the Directive is purely discriminatory. For national schemes of seasonal work, the minimum rules laid down by the single permit should apply.

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

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Change 5

Removed:To facilitate the application for a single permit, the third-country national and his or her employer should be able to decide which of them will submit the application. Wording aligned with Article 4(1).

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

Change 6

Changed: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,~~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~~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.

Change 7

Removed:In order for persons to feel inclined to come to the European Union, it is important that the time limits are realistic for the people involved and provide legal clarity. In the 21st century, MS authorities should be in a position to decide on a complete application within three months.

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

Change 8

Removed:In order for persons to feel inclined to come to the European Union, it is important that time limits are realistic for the people involved and provide legal clarity. All checks required for completing the examination of the application should be carried out within the time limit established.

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

Change 9

Removed:Given that EU Talent Partnerhips provide for traning persons in third countries, if applicants have participated in such schemes prior to making their application, the Member State’s competent authority should not need as long to reach a decision on the application. Similarly, if the applicant is already a single permit holder in another Member State, the time limit for deciding on an application should be shortened.

Change 10

Changed: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.

Change 11

Removed:~~Linguistic adjustments~~

Change 12

Removed:~~This recital is redundant given the changes to Recital 13 and Article 5, paragraph 2.~~

Change 13

Changed: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.

Change 14

Removed:~~The further information provided should help the single permit holder and his or her prospective employer. It should not be a migration tool~~

Change 15

Changed:Recital 19: (19) The provisions of this Directive on the single permit and on the residence permit issued for purposes other than work should ~~oblige~~not ~~Member~~prevent ~~States~~competent authorities from collecting information related to ~~issue~~employment anconditions ~~additional~~for ~~paper~~the ~~document,~~purpose of monitoring, implementing and toenforcing ~~store~~labour ~~the~~and ~~data~~social ~~from~~security ~~such~~regulations. ~~paper~~Member ~~document~~States inshould ~~electronic~~be ~~format,~~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.

Change 16

Removed:In the logic of simplifying and streamlining the single permit procedure, it is important to underline that additional documents that MS might want to issue cannot be a requirement for the third-country national to have the right to work, as the single permit should be the only requirement in that regard.

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

Change 17

Changed: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. ~~Those~~It ~~may~~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 ~~specific~~individual circumstances of the ~~case~~case, ~~and~~respect ~~should~~the principle of proportionality and be ~~proportionate.~~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 ~~his~~the oremployer ~~her~~of ~~employer~~that third-country national in accordance with notification procedures set out in the relevant national law. The ~~notification should specify the reasons for the decision.~~…

Change 18

Removed:The Recital should be amended to reflect better the wording of Article 8. This wording has also been amended to align it more closely with the wording of the recently revised Blue Card Directive. The content of Recital 33 of the Blue Card Directive should be included.

Added: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.

Added: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).

Change 19

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/EC45and 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 .

Added: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:~~Wording of Article 12 repeated here. Technical alignment to Commission's technical changes.~~

Added: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.

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

Added: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:~~Adjustment to correct the syntax of the sentence and improve the wording in line with other EU law instrument in this area.~~

Added: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. / 47 Directive 2005/36/EC of the European Parliament and the Council on the recognition of professional qualifications (OJ L 255, 30.9.2005, p. 22).

Added: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:~~The recital is aligned with the amended Article 5, paragraph 2.~~

Added: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 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 communicated 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.

Added: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:Originally Recital 34. This recital relates to Article 11 and should come before recitals related to equal treatment laid down in Article 12. The single permit holder should be allowed to seek alternative employment and change employer throughout the period of validity of the permit. If the third-country national changes employer, then the competent authority should be informed of the change and the relevant information of the new employment. Where a single permit holder becomes unemployed, he/she should have at least nine months to find alternative employment before the single permit is withdrawn.

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

Added: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.

Added: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.

Added: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.

Change 20

Removed:~~This recital should be brought into line with the latest ruling of the CJEU on Regulation (EC) 883/2004~~

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

Change 21

Removed:~~To follow the chronology of Article 13, this recital should come after Recital 32 as proposed by the Commission~~

Added: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: (32) To ensure the proper enforcement of this Directive and decent working conditions, Member States should ensure, in cooperation with the social partners, that appropriate mechanisms are in place for the monitoring of employers and that, where appropriate, effective and adequate inspections are carried out on their respective territories. It is important that the selection of employers to be inspected 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.

Added: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.

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Removed:Recital 32 a (new): (32a) To reinforce 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 associations and affiliation, and access to social security benefits.

Removed:~~To follow the chronology of Article 13, this recital should come after Recital 32 as proposed by the Commission.~~

Added: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 33: (33) Member States should also put in place timely 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:~~Linguistic changes to provide more clarity.~~

Change 22

Changed: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 ~~belief,~~beliefs, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation. / (deleted) / (deleted)

Change 23

Removed:~~The recital should be aligned with Article 21 of the Charter of Fundamental Rights which is now primary EU law.~~

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

Change 24

Changed: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,~~justice , annexed to the TEU and to the Treaty on the Functioning of the European Union (TFEU), and without prejudice to ~~Articles~~Article s 3 and 4 of that Protocol, Ireland is not taking part in the adoption of this Directive and isare not bound by it or subject to its application.

Change 25

Removed:~~TEU already defined in recital 37~~

Added: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 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 their status;

Added: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. ]

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Removed:~~More positive language~~

Added: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 2: deleted~~

Added: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:As it is primary EU law, Article 79(5) TFEU applies to this Directive. It cannot be changed here and does not need to be repeated. It is already included in Recital 5. There is no added value to this provision.

Added: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.

Change 26

Removed:~~Correct formulation in line with previous legal migration instrument (Blue Card). Same language "any" used in 2(c).~~

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

Change 27

Changed:Article 2 – paragraph 1 – point b: (b) ‘third-country worker’ means any third-country national ~~falling within the scope of this Directive~~ 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,~~agreements or practice;

Change 28

Removed:~~Certain categories of third-country nationals are excluded from the scope of the Directive in Article 3. If the definition does not acknowledge this, the definition becomes problematic.~~

Added: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 c: (c) ‘employer’ means any natural person or any legal entity, including temporary work agencies, for or under the direction or supervision of whom the employment is undertaken;

Change 29

Removed:~~Technical adjustment for ease of understanding~~

Change 30

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

Change 31

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; and

Change 32

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

Change 33

Removed:Article 3 – paragraph 2 – point c: (c) who are covered by Directives 96/71/EC, 2014/67/EU1a, 2018/957/EU1b or 2020/1057/EU1c of the European Parliament and of the Council , as long as they are posted on the territory of the Member State concerned ; / 1a Directive 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). 31.7.2020, p. 49). / 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 provision 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,

Change 34

Changed:Article 3 – paragraph 21 – point e:c: ~~(e)~~(c) who have been admitted to ~~the territory of~~ a Member State asfor ~~seasonal~~the ~~workers~~purpose of work, in accordance with ~~Directive~~Union ~~2014/36/EU;~~or national law.

Change 35

Removed:There is no good reason to exclude au pairs from the possibility of applying for and - if successful - obtaining a single permit. Third-country nationals who have applied for seasonal work should not be precluded from applying also for a single permit.

Added: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).

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

Change 36

Removed:~~Again, while people under temporary protection are under a different status, there is no reason to exclude them from the possibility of applying for and - if successful - obtaining a single permit.~~

Removed:~~Article 3 – paragraph 3: 3. Member States may decide that Chapter II does not apply to third-country nationals who have been admitted to a Member State for the purpose of study.~~

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

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Removed:In the interests of ensuring that the Directive is horizontal and of ensuring increased harmonisation among the MS, persons whose contract is for a period of less than six months should not be excluded from the scope of this Directive.

Removed:Article 4 – paragraph 1: 1. An application to issue, amend or renew a single permit shall be submitted by way of a single application procedure. Member States shall allow applications for a single permit to be submitted by either the third-country national or the third-country national’s employer. Where the third-country national submits the 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, Member States 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.

Added: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:To facilitate the application for a single permit, the third country national and her employer should be able to decide which of them will submit the application. In the event that the employer submits the application on behalf of the third-country national, the MS receiving the application should nevertheless ensure that the person on whose behalf the application was made is aware of the status of the application - if further documentation is required for example - and is informed about the outcome of the application.

Change 37

Changed:Article 4 – paragraph 3:1: 3.1. ~~Provided~~An ~~that~~application ~~the~~to ~~requirements~~issue, ~~laid~~amend ~~down~~or renew a single permit shall be submitted by ~~Union~~way orof ~~national~~a ~~law~~harmonised single application procedure. Member States shall allow applications for ~~the~~a single permit ~~are~~to ~~fulfilled~~be ~~and~~submitted ~~where~~by athe third-country national or the third-country national’s employer. Where the third-country national submits an application, Member ~~State~~States ~~issues~~shall ~~single~~allow ~~permits~~the ~~only~~application ~~when~~to be introduced both from a third country and in the territory of the Member State in which the third-country national is onlegally ~~its~~present. ~~territory,~~Where the employer submits the application, the Member State concerned shall ~~issue~~ensure ~~the~~that ~~third~~the ~~country~~third-country national ~~with~~on whose behalf the ~~requisite~~application ~~visa~~has ~~within~~been submitted is kept informed about the ~~time~~status ~~limit~~of ~~laid~~the ~~down~~application and the outcome of the application in ~~Article~~a ~~5(2).~~timely manner and, where appropriate, in electronic format.

Change 38

Removed:~~Linguistic amendment to provide greater clarity.~~

Added: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).

Change 39

Removed:~~The language of paragraph 4 should be aligned with the language in paragraph 1 of this Article~~

Change 40

Removed:~~Given the changes to this Article, the title should reflect the content of the amended Article.~~

Change 41

Changed:Article 5 – paragraph 2 – subparagraph 1: ~~The~~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.

Change 42

Change 43

Changed:Article 5 – paragraph 2 – subparagraph 2: The time limit referred to in the first subparagraph shall cover the entire ~~procedure,~~procedure. ~~including~~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~~professional, ~~qualifications~~occupational ~~and~~or other qualifications, where ~~relevant,~~necessary, ~~and~~as well as the issuing of the requisite visa referred to in Article 4(3).

Change 44

Removed:~~It is important to be clear that - once a complete application has been received - the time limit within which MS authorities take a decision must include all the steps needed to take that decision.~~

Change 45

Changed: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 ~~from~~of the date on which the ~~complete~~ application was submitted.

Change 46

Removed:Given that EU Talent Partnerships provide for training persons in third countries, if applicants have participated in such schemes prior to making their application, the Member State’s competent authority should not need as long to reach a decision on the application. Similarly, if the applicant is already a single permit holder in another Member State, the time limit for deciding on an application should be shortened.

Change 47

Changed:Article 5 – paragraph 2 – subparagraph 3: Where no decision is taken within the time limits provided for in this ~~paragraph,~~paragraph and paragraph 4, any fee required by ~~the~~a Member ~~States~~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.

Change 48

Removed:~~There needs to be a clear sanction to the competent authority or Member State for failing to respect the time limits established in this paragraph.~~

Change 49

Changed:Article 5 – paragraph 3: 3. The competent authority shall notify the decision to the applicant in ~~writing,~~writing. ~~such~~The notification toshall 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.

Change 50

Removed:Article 6 – paragraph 1 – subparagraph 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 have a minimum period of validity equivalent to the duration of the employment contract or of two years, whichever period is shorter.

Removed:To provide legal certainty to the third-country national and to the employer, the single permit should be issued for at least the same duration as the contract of employment, or, where the contract of employment is for longer than two years, for a period of at least two years.

Added: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.

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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, 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 in point (a)20 of the Annex thereto. A change to the conditions of employment indicated above shall not constitute a change of employer. Member States shall grant the third-country national access to that information and he or she shall be informed about any changes thereto.

Removed:~~Certain stakeholders report that a change in employment conditions is considered to be a change of employment/employer in certain MS. This should clearly not be the case.~~

Added: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:Article 7 – paragraph 1 – subparagraph 2: Member States shall 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 above shall not constitute a change of employer. Member States shall grant the third-country national access to this information and he or she shall be informed about any changes thereto.

Removed:~~Certain stakeholder report that a change in employment conditions is considered to be a change of employment/employer in certain MS. This should clearly not be the case.~~

Added: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:Article 8 – paragraph 1: 1. A decision to reject an application to issue, amend or renew a single permit, or a decision withdrawing a single permiton 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 his or her employer in accordance with notification procedures set out in relevant national law. The notification shall specify the reasons for the decision .

Removed:In attempting to streamline and shorten procedures with an instrument that is complimentary to existing instruments adopted in the area of legal migration, the provisions on procedural guarantees should be aligned with those of the recently revised Blue Card Directive. This should also help enhance legal certainty across the different EU legal migration instruments.

Added: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:Article 8 – paragraph 2: 2. A decision rejecting the application to issue, amend or renew or withdrawing a single permit 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 remedy, in accordance with national law.

Added: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.

Added: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.

Change 51

Removed:This Directive does not lay down the conditions to be fulfilled for a single permit to be issued or the conditions under which it may be rejected. Nor does the Directive address issues of inadmissibility. It is therefore not appropriate to set out a ground for rejecting an application as inadmissible in this Directive.

Removed:~~Article 9 – title: Access to information for applicants~~

Added: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:

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

Change 52

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

Change 53

Removed:Article 9 – paragraph 1 – point b: (b) to the third-country national and his or her family members, information on entry and residence conditions, information on the rights, obligations and procedural safeguards linked to the single permit, including information on mechanisms for filing complaints and seeking legal redress, and information on organisations representing third-country national workers or protecting their rights and interests, in particular trade unions, national labour inspectorates and non-governmental and community organisations.

Change 54

Changed:~~Third~~Article ~~country~~9 ~~nationals~~– ~~and~~paragraph ~~their~~1 – point b: (b) to the third-country national and family ~~Members~~members ~~should~~of bethat ~~given~~third-country national information on ~~the~~entry ~~mechanism~~and ~~for~~residence ~~complaints~~conditions, information on the rights, obligations and ~~for~~procedural ~~seeking~~safeguards ~~legal~~linked ~~redress,~~to asthe ~~well~~single aspermit, onincluding ~~organisation~~information ~~that~~on ~~look~~legal ~~out~~redress ~~for~~and ~~the~~organisations ~~interests~~relevant offor third-country national workers.

Change 55

Changed: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, if required by a Member State,~~fees shall not be disproportionate or ~~excessive, and shall be based on the services~~excessive. ~~actually~~Where ~~provided~~fees for ~~the~~ processing of applications ~~and the issuance of permits. Where the fee for the application is~~are paid by the employer, the employer shall not be entitled to recover ~~that~~such ~~fee~~fees from the third-country national.

Change 56

Removed:It is important that any fee should remain proportionate and never be excessive. Should the employer pay the fee on behalf of the third-country national, the employer should not be able to recover that fee from her later.

Change 57

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

Change 58

Change 59

Removed:~~Following the compromise of the Blue Card Directive.~~

Change 60

Removed:~~A single permit holder should not be restricted in his or her movement within the MS that granted the single permit.~~

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

Change 61

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

Change 62

Removed:~~To be coherent with the rest of the Directive.~~

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

Change 63

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

Change 64

Removed:~~The right to change employer should be one of the basic rights listed in paragraph 1.~~

Change 65

Changed: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;~~law, in accordance with Article 9 of this Directive;

Change 66

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

Change 67

Changed:~~The third country~~Article ~~nationals~~11 ~~will~~– beparagraph ~~better~~1 ~~protected~~– ifpoint ~~they~~d ~~have~~a ~~the~~(new): ~~right~~(da) to ~~have~~receive the ~~permit~~single ~~both~~permit in paper format and be able to access it in electronic ~~formate~~format.

Change 68

Change 69

Removed:~~Now covered in Article 11, paragraph 1.~~

Added: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 – introductory part: Within the period of validity referred to in paragraph 1, Member States shall require that a change of employer be communicated, prior to the commencement of the new employment, by the new employer to the competent authorities in the Member State concerned, 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:Although there is no limitation on the right to change employer, where the third-country national changes employer the nature of the change of employer should always be communicated to the competent authorities. This should be the responsibility of the new employer.

Change 70

Removed:~~No labour market test should be applied to third-country nationals who are already holders of a single permit and thus have been admitted to the territory of the MS already.~~

Added: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: deleted~~

Added: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.

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Removed:~~No labour market test should be applied to third-country nationals who are already holders of a single permit and thus have been admitted to the territory of the MS already.~~

Added: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.

Change 71

Changed:Article 11 – paragraph ~~4: 4.~~3 In– ~~the~~subparagraph ~~event~~2 ofc ~~unemployment~~(new): ofWhere the ~~single permit holder, and~~Member inState ~~order~~does tonot ~~allow~~refuse the ~~holder to~~change ~~find~~within ~~alternative~~30 ~~employment,~~days, the ~~single permit shall not be withdrawn for a period~~change of ~~at least~~employer ~~nine~~shall ~~months~~be ~~during~~considered ~~which~~approved ~~period~~and the ~~third-country national shall be allowed to remain~~single onpermit ~~the~~holder ~~territory~~may ofstart the ~~Member State~~new ~~concerned.~~employment.

Change 72

Changed:~~In order~~Article to11 ~~provide~~– aparagraph ~~realistic~~4: ~~time~~4. ~~frame~~In ~~within~~the ~~which~~event aof ~~single~~unemployment ~~permit~~of ~~holder~~the ~~can~~single ~~find~~permit ~~new~~holder, ~~employment,~~and ~~should~~in heorder orto ~~she~~allow ~~become~~the ~~unemployed,~~holder heto orfind ~~she~~alternative ~~must~~employment, bethe ~~allowed~~single topermit ~~remain~~shall onnot ~~the~~be ~~territory~~withdrawn for ~~nine months after~~a ~~becoming~~period ~~unemployed.~~of ~~This~~at ~~should~~least ~~apply~~nine ~~even~~months ifduring ~~the~~which period ~~of validity of~~ the ~~single permit would normally expire~~third ~~during~~country ~~this~~national ~~period.~~shall ~~The~~be ~~period~~allowed ofto ~~nine~~remain ~~months~~on isthe isterritory inof ~~line~~the ~~with~~Member ~~the~~State ~~Students~~concerned and ~~Researchers~~to ~~Directive.~~seek employment.

Change 73

Changed: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 ~~rights~~right ~~protected~~to equal treatment of third-country workers and the provisions adopted pursuant to Article 12. Preventive measures shall include monitoring, risk ~~assessments~~assessment and ~~inspections~~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.

Change 74

Removed:~~Include a role for social partners in monitoring and inspections. Otherwise, linguistic changes for clarity.~~

Added: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: 2. Member States shall lay down rules establishing the penalties to be imposed where employers are found to have infringed the rights of the third-country workers protected 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.

Added: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.

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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 grant that single permit holder a transitional single permit, to enable him or her to seek and find alternative employment. That transitional single permit shall have a period of validity of at least twelve months from the date on which it is issued.

Added: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:Single permit holders should not be discouraged from bringing complaints against an employer for fear of having the single permit withdrawn. Where a single permit holder suffers serious violation of their rights (labour exploitation), then the MS should issue a transitional permit of at least one year to allow that single permit holder to transit to alternative employment. Such a scheme already exists in some MS today.

Added: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 13 – paragraph 3: 3. Member States shall ensure that services in charge of inspection of labour or other competent authorities and - where provided for under national law in respect of national workers - organisations representing workers’ interests have access to the workplace. With the agreement of the third-country worker, and where this is relevant, that access shall include access to the third-country worker’s accommodation.

Removed:Where the employer provides accommodation for the third country national, it is important that the labour inspectorates or relevant competent authorities, and workers’ organisations have access to the accommodation for monitoring and inspection.

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

Change 75

Removed:~~These provisions are cumulative and not alternative. The third option is open to third-country workers where it is open to national workers in the same situation.~~

Added: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 b: (b) through third parties which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring compliance with this Directive; and

Change 76

Removed:~~Repeating the language of Article 13(3).~~

Added: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 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 enforcing the rights granted to the third-country worker pursuant to this Directive.

Added: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:

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Removed:~~Linguistic change~~

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

Added: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:~~The fact that the third-country worker might no longer work for an employer should not preclude her from bringing a complaint against that employer.~~

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:~~Linguistic changes seeking to clarify the language used and the impact of the measures and procedures referred to.~~

Removed:~~Article 14 – paragraph 3 – point b: (b) any judicial or administrative procedure, including dispute resolution mediation, that seek to enforce the rights granted pursuant to this Directive;~~

Removed:~~Dispute resolution mediation should be open to third-country workers as it is to national workers.~~

Change 77

Removed:~~Third country workers should be entitled to seek legal assistance in the same way as national workers.~~

Added: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:~~Article 16– introductory part: Each Member State shall make easily accessible to the general public, including in relevant third countries, a regularly updated set of information:~~

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Removed:~~It is important that information campaigns target potential single permit applicants and is not addressed solely to the national general public.~~

Change 78

Removed:~~Following the language of Article 1(1)(a).~~

Change 79

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

Change 80

Removed:~~It is also important that information given to the general public, including potential applicants, includes information on the rights of family members.~~

Added: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:Article 17 – paragraph 2: 2. Annually, and for the first time no later than [ ] , Member States shall communicate to the Commission (Eurostat) statistics on the volumes of third-country nationals who have applied for a single permit, those who have been granted a single permit, those whose single permit has been renewed or withdrawn, and any transitional single permits issued, 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 be transmitted within six months after the end of the reference period.

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Removed:It is important to have detailed statistics on single permit applications, those granted, those withdrawn or renewed and on any transitional permits granted to allow for a proper analysis of the effectiveness of this Directive.

Added: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.

Change 81 under “EXPLANATORY STATEMENT”

Added:LETTER OF THE COMMITTEE ON LEGAL AFFAIRS

Added:Mr Juan Fernando López Aguilar

Added:Chair

Added:Committee on Civil Liberties, Justice and Home Affairs

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Added:BRUSSELS

Added: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))

Added:Dear Mr Chair,

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

Added:Paragraph 3 of that Rule reads as follows:

Added:“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.

Added: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.

Added: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.”

Added: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.

Added: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.

Added:Yours sincerely,

Added:Adrián Vázquez Lázara

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

Added:Annex

Added:Brussels, 16 March 2023

Added:OPINION

Added:FOR THE ATTENTION OF THE EUROPEAN PARLIAMENT

Added:THE COUNCIL

Added:THE COMMISSION

Added: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)

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

Added: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.

Added: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:

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

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

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

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

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

Added:- 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’;

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

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

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

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

Added: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.

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

Added:Jurisconsult acting Director-General Director-General

Added:25.1.2023