What changed between the draft committee report and the plenary report

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.

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: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.

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.

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: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.

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: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 .

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: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: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: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 instrument.

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: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 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.

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.

Article 8 – paragraph 3: deleted

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.

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.

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:

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:

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.

Change 52

Changed:Article 9 – paragraph 1 – point a: (a) to the third-country national and the prospective employer, adequatesufficient 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.

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.

Change 54

Changed:ThirdArticle country9 nationals– andparagraph their1 – point b: (b) to the third-country national and family Membersmembers shouldof bethat giventhird-country national information on theentry mechanismand forresidence complaintsconditions, information on the rights, obligations and forprocedural seekingsafeguards legallinked redress,to asthe wellsingle aspermit, onincluding organisationinformation thaton looklegal outredress forand theorganisations interestsrelevant 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 servicesexcessive. actuallyWhere providedfees for the processing of applications and the issuance of permits. Where the fee for the application isare paid by the employer, the employer shall not be entitled to recover thatsuch feefees 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.

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.

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 untilpending a decision has been communicated on an application for a renewal of theits permit,renewal, entitle its holder at least:

Change 58

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.

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

Change 59

Removed:Following the compromise of the Blue Card 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.

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

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 workemployment 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 employeremployers and to change employer;

Change 64

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

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.

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.

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.

Change 67

Changed:The third countryArticle nationals11 will– beparagraph better1 protected– ifpoint theyd havea the(new): right(da) to havereceive the permitsingle bothpermit in paper format and be able to access it in electronic formateformat.

Change 68

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.

Article 11 – paragraph 2: deleted

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.