Changes from plenary report to adopted text

RemovedDRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

AddedP9_TA(2024)0146

Changedon the proposal for a directive of the European Parliament and of the Council on aA single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State (recast)

Removed(COM(2022)0655 – C90163/2022 – 2022/0131(COD))

AddedCommittee on Civil Liberties, Justice and Home Affairs

AddedPE738.493

AddedEuropean Parliament legislative resolution of 13 March 2024 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) (COM(2022)0655 – C9-0163/2022 – 2022/0131(COD))

▸5 unchanged paragraphs

(Ordinary legislative procedure – recast)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2022)0655),

– having regard to Article 294(2) and Article 79(2), points (a) and (b), of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90163/2022),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

Added– having regard to the opinion of the European Economic and Social Committee of 28 October 2022,

Added– having regard to the opinion of the Committee of the Regions of 30 November 2022,

– having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts,

– having regard to the letter of 23 March 2023 sent by the Committee on Legal Affairs to the Committee on Civil Liberties, Justice and Home Affairs in accordance with Rule 110(3) of its Rules of Procedure,

Added– having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 20 December 2023 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

▸7 unchanged paragraphs

– having regard to Rules 110 and 59 of its Rules of Procedure,

– having regard to the opinion of the Committee on Employment and Social Affairs,

– having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A9-0140/2023),

A. whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the Commission proposal does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance;

1. Adopts its position at first reading hereinafter set out, taking into account the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Change 1

RemovedRecital 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.

AddedP9_TC1-COD(2022)0131

RemovedRecital 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

AddedPosition of the European Parliament adopted at first reading on 13 March 2024 with a view to the adoption of Directive (EU) 2024/… of the European Parliament and of the Council on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State (recast)

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

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

RemovedRecital 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.

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

RemovedRecital 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.

RemovedAmendment 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.

RemovedRecital 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).

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

RemovedRecital 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.

RemovedRecital 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.

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

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

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

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

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

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

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

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

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

RemovedAmendment 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.

RemovedRecital 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.

RemovedRecital 16: deleted

RemovedAmendment 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.

RemovedRecital 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.

RemovedAmendment 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.

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

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

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

RemovedAmendment 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.

RemovedRecital 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).

RemovedAmendment 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.

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