What changed between the draft committee report and the plenary report

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.

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.

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.

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;

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;

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

Change 29

Removed:Technical adjustment for ease of understanding

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.

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

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.

Change 32

Changed:Article 3 – paragraph 1 – point c:b: (c)(b) who have been admitted to a Member State for thepurposes purposeother ofthan workwork, 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,

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.

Change 34

Changed:Article 3 – paragraph 21 – point e:c: (e)(c) who have been admitted to the territory of a Member State asfor seasonalthe workerspurpose of work, in accordance with DirectiveUnion 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: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.

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).

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.

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

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.

Article 3 – paragraph 2 – point f: 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.

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: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

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.

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: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.

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.

Change 37

Changed:Article 4 – paragraph 3:1: 3.1. ProvidedAn thatapplication theto requirementsissue, laidamend downor renew a single permit shall be submitted by Unionway orof nationala lawharmonised single application procedure. Member States shall allow applications for thea single permit areto fulfilledbe andsubmitted whereby athe third-country national or the third-country national’s employer. Where the third-country national submits an application, Member StateStates issuesshall singleallow permitsthe onlyapplication whento be introduced both from a third country and in the territory of the Member State in which the third-country national is onlegally itspresent. territory,Where the employer submits the application, the Member State concerned shall issueensure thethat thirdthe countrythird-country national withon whose behalf the requisiteapplication visahas withinbeen submitted is kept informed about the timestatus limitof laidthe downapplication and the outcome of the application in Articlea 5(2).timely manner and, where appropriate, in electronic format.

Change 38

Removed:Linguistic amendment to provide greater clarity.

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.

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).

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.

Change 39

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

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.

Article 5 – title: Competent authority and time limits

Change 40

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

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.

Change 41

Changed:Article 5 – paragraph 2 – subparagraph 1: TheThat 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

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 and because the amendment is inextricably linked to other admissible amendments.

Change 43

Changed:Article 5 – paragraph 2 – subparagraph 2: The time limit referred to in the first subparagraph shall cover the entire procedure,procedure. includingThis 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 professionalprofessional, qualificationsoccupational andor other qualifications, where relevant,necessary, andas 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.

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.

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 fromof 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.

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.

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 thea Member StatesState 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.

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.

Change 49

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