Changes from plenary report to adopted text

RemovedArticle 5 – paragraph 2 – subparagraph 1: 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.

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

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 – 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 of the date on which the application was submitted.

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

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 – paragraph 3: 3. The competent authority shall notify the decision to the applicant in writing. The notification shall 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.

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 – 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.

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 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.

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 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.

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 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.

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 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.

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 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.

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.

RemovedArticle 8 – paragraph 3: deleted

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.

RemovedArticle 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:

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.

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

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.

RemovedArticle 9 – paragraph 1 – point b: (b) to the third-country national and family members of that third-country national information on entry and residence conditions, information on the rights, obligations and procedural safeguards linked to the single permit, including information on legal redress and organisations relevant for third-country national workers.

RemovedArticle 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 shall not be disproportionate or excessive. Where fees for processing applications are paid by the employer, the employer shall not be entitled to recover such fees from the third-country national.

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.

RemovedArticle 11 – paragraph 1 – introductory part: 1. Where a single permit has been issued, it shall, during its period of validity and pending a decision on an application for its renewal, entitle its holder at least:

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.

RemovedArticle 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;

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.

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

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

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

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

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

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.

RemovedArticle 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, in accordance with Article 9 of this Directive;

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.

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

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.

RemovedArticle 11 – paragraph 2: deleted

RemovedArticle 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.

RemovedArticle 11 – paragraph 3 – subparagraph 1 – point a: deleted

RemovedArticle 11 – paragraph 3 – subparagraph 1 – point b: deleted

RemovedArticle 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.

RemovedArticle 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.

RemovedArticle 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.

RemovedArticle 11 – paragraph 3 – subparagraph 2 c (new): Where the Member State does not refuse the change within 30 days, the change of employer shall be considered approved and the single permit holder may start the new employment.

RemovedArticle 11 – paragraph 4: 4. In the event of unemployment of the single permit holder, and in order to allow the holder to find alternative employment, the single permit shall not be withdrawn for a period of at least nine months during which period the third country national shall be allowed to remain on the territory of the Member State concerned and to seek employment.

RemovedArticle 13 – paragraph 1: 1. Member States shall, in cooperation with the social partners, provide for measures to prevent possible infringements by employers of the right to equal treatment of third-country workers and the provisions adopted pursuant to Article 12. Preventive measures shall include monitoring, risk assessment and 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.

RemovedArticle 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.

RemovedArticle 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.

RemovedArticle 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.

RemovedArticle 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:

RemovedArticle 14 – paragraph 1 – point a: (a) directly;