Changes from plenary report to adopted text

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 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.

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 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 .

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 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.

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 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.

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 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.

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 of inextricable link to other admissible amendments.

RemovedRecital 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.

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

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 31: deleted

RemovedRecital 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.

RemovedRecital 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.

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 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.

RemovedRecital 34: deleted

RemovedRecital 36: (36) Member States should give effect to the provisions of this Directive without discrimination on the basis of sex, race, colour, ethnic or social origin, genetic features, language, religion or beliefs, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation. / (deleted) / (deleted)

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

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 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. ]

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

RemovedArticle 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;

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.

RemovedArticle 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.

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.

RemovedArticle 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;

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

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

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

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

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.

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

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.

RemovedArticle 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;

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.

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

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.

RemovedArticle 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).

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.

RemovedArticle 3 – paragraph 2 – point e: 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.

RemovedArticle 3 – paragraph 2 – point f: 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.

RemovedArticle 3 – paragraph 2 – point i: 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.

RemovedArticle 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.

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.

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

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.

RemovedArticle 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).

RemovedArticle 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.

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.

RemovedArticle 5 – title: Competent authority and time limits

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.