Changes from report parliamentary committee draft to plenary report

Change 9

RemovedGiven that EU Talent Partnerhips provide for traning 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.

AddedAmendment 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 10

ChangedRecital 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.

Change 11

RemovedLinguistic adjustments

Change 12

RemovedThis recital is redundant given the changes to Recital 13 and Article 5, paragraph 2.

AddedAmendment 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 13

ChangedRecital 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.

Change 14

RemovedThe further information provided should help the single permit holder and his or her prospective employer. It should not be a migration tool

AddedAmendment 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 15

ChangedRecital 19: (19) The provisions of this Directive on the single permit and on the residence permit issued for purposes other than work should obligenot Memberprevent Statescompetent authorities from collecting information related to issueemployment anconditions additionalfor paperthe document,purpose of monitoring, implementing and toenforcing storelabour theand datasocial fromsecurity suchregulations. paperMember documentStates inshould electronicbe format,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.

Change 16

RemovedIn the logic of simplifying and streamlining the single permit procedure, it is important to underline that additional documents that MS might want to issue cannot be a requirement for the third-country national to have the right to work, as the single permit should be the only requirement in that regard.

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

Change 17

ChangedRecital 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. ThoseIt mayshould 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 specificindividual circumstances of the casecase, andrespect shouldthe principle of proportionality and be proportionate.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 histhe oremployer herof employerthat third-country national in accordance with notification procedures set out in the relevant national law. The notification should specify the reasons for the decision.…

Change 18

RemovedThe Recital should be amended to reflect better the wording of Article 8. This wording has also been amended to align it more closely with the wording of the recently revised Blue Card Directive. The content of Recital 33 of the Blue Card Directive should be included.

AddedAmendment 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.

AddedRecital 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).

AddedAmendment 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 19

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/EC45and 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 .

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

RemovedWording of Article 12 repeated here. Technical alignment to Commission's technical changes.

AddedRecital 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.

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.

AddedAmendment 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 20

RemovedThis recital should be brought into line with the latest ruling of the CJEU on Regulation (EC) 883/2004

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

Change 21

RemovedTo follow the chronology of Article 13, this recital should come after Recital 32 as proposed by the Commission

AddedRecital 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: (32) To ensure the proper enforcement of this Directive and decent working conditions, Member States should ensure, in cooperation with the social partners, that appropriate mechanisms are in place for the monitoring of employers and that, where appropriate, effective and adequate inspections are carried out on their respective territories. It is important that the selection of employers to be inspected 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.

AddedRecital 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.

RemovedRecital 32 a (new): (32a) To reinforce 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 associations and affiliation, and access to social security benefits.

AddedAmendment 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 22

ChangedRecital 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 belief,beliefs, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation. / (deleted) / (deleted)

Change 23

RemovedThe recital should be aligned with Article 21 of the Charter of Fundamental Rights which is now primary EU law.

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

Change 24

ChangedRecital 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,justice , annexed to the TEU and to the Treaty on the Functioning of the European Union (TFEU), and without prejudice to ArticlesArticle s 3 and 4 of that Protocol, Ireland is not taking part in the adoption of this Directive and isare not bound by it or subject to its application.

Change 25

RemovedTEU already defined in recital 37

AddedAmendment to parts of the proposal which remain 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 their status;

AddedRecital 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. ]

RemovedMore positive language

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

Change 26

RemovedCorrect formulation in line with previous legal migration instrument (Blue Card). Same language "any" used in 2(c).

AddedAmendment 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

ChangedArticle 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

RemovedCertain 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.

AddedAmendment 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 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;

Change 29

RemovedTechnical adjustment for ease of understanding

AddedAmendment 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

ChangedArticle 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

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; and

AddedAmendment 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

ChangedArticle 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

RemovedArticle 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,

AddedAmendment 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

ChangedArticle 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

RemovedThere 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.

AddedAmendment 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.

AddedArticle 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).

AddedAmendment 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.

AddedArticle 3 – paragraph 2 – point e: deleted

AddedAmendment 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 36

RemovedAgain, 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.

AddedAmendment 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 admitted to a Member State for the purpose of study.

AddedArticle 3 – paragraph 2 – point i: deleted

RemovedIn 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.

AddedAmendment 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

ChangedArticle 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

RemovedLinguistic amendment to provide greater clarity.

AddedAmendment 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.

AddedArticle 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).

Change 39

RemovedThe language of paragraph 4 should be aligned with the language in paragraph 1 of this Article

AddedAmendment 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 40

RemovedGiven the changes to this Article, the title should reflect the content of the amended Article.

AddedAmendment 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

ChangedArticle 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

RemovedIn 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.

AddedAmendment 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

ChangedArticle 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

RemovedIt 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.

AddedAmendment 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

ChangedArticle 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

RemovedGiven 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.

AddedAmendment 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

ChangedArticle 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

RemovedThere needs to be a clear sanction to the competent authority or Member State for failing to respect the time limits established in this paragraph.

AddedAmendment 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

ChangedArticle 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.

Change 50

RemovedArticle 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.

AddedAmendment 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.

RemovedTo 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.

AddedArticle 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.

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, 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.

AddedAmendment 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 51

RemovedThis 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.

AddedAmendment 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 – title: Access to information for applicants

AddedArticle 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:

RemovedArticle 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:

AddedAmendment 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

ChangedArticle 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

RemovedArticle 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.

AddedAmendment 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

ChangedThirdArticle 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

ChangedArticle 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

RemovedIt 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.

AddedAmendment 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

ChangedArticle 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

AddedAmendment 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 59

RemovedFollowing the compromise of the Blue Card Directive.

AddedAmendment 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 60

RemovedA single permit holder should not be restricted in his or her movement within the MS that granted the single permit.

AddedAmendment 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

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

Change 62

RemovedTo be coherent with the rest of the Directive.

AddedAmendment 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

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

Change 64

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

AddedAmendment 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

ChangedArticle 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

RemovedArticle 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.

AddedAmendment 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

ChangedThe 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

AddedAmendment 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 69

RemovedNow covered in Article 11, paragraph 1.

AddedArticle 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 – 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.

RemovedAlthough there is no limitation on the right to change employer, where the third-country national changes employer the nature of the change of employer should always be communicated to the competent authorities. This should be the responsibility of the new employer.

Change 70

RemovedNo labour market test should be applied to third-country nationals who are already holders of a single permit and thus have been admitted to the territory of the MS already.

AddedArticle 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: deleted

AddedArticle 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.

RemovedNo labour market test should be applied to third-country nationals who are already holders of a single permit and thus have been admitted to the territory of the MS already.

AddedArticle 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.

Change 71

ChangedArticle 11 – paragraph 4: 4.3 In– thesubparagraph event2 ofc unemployment(new): ofWhere the single permit holder, andMember inState orderdoes tonot allowrefuse the holder tochange findwithin alternative30 employment,days, the single permit shall not be withdrawn for a periodchange of at leastemployer nineshall monthsbe duringconsidered whichapproved periodand the third-country national shall be allowed to remainsingle onpermit theholder territorymay ofstart the Member Statenew concerned.employment.

Change 72

ChangedIn orderArticle to11 provide– aparagraph realistic4: time4. frameIn withinthe whichevent aof singleunemployment permitof holderthe cansingle findpermit newholder, employment,and shouldin heorder orto sheallow becomethe unemployed,holder heto orfind shealternative mustemployment, bethe allowedsingle topermit remainshall onnot thebe territorywithdrawn for nine months aftera becomingperiod unemployed.of Thisat shouldleast applynine evenmonths ifduring thewhich period of validity of the single permit would normally expirethird duringcountry thisnational period.shall Thebe periodallowed ofto nineremain monthson isthe isterritory inof linethe withMember theState Studentsconcerned and Researchersto Directive.seek employment.

Change 73

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

Change 74

RemovedInclude a role for social partners in monitoring and inspections. Otherwise, linguistic changes for clarity.

AddedArticle 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: 2. Member States shall lay down rules establishing the penalties to be imposed where employers are found to have infringed the rights of the third-country workers protected 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.

AddedArticle 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 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 grant that single permit holder a transitional single permit, to enable him or her to seek and find alternative employment. That transitional single permit shall have a period of validity of at least twelve months from the date on which it is issued.

AddedArticle 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.

Change 75

RemovedThese provisions are cumulative and not alternative. The third option is open to third-country workers where it is open to national workers in the same situation.

AddedArticle 14 – paragraph 1 – point b: (b) through third parties which have, in accordance with the criteria laid down by their national law, practices or applicable collective agreements, a legitimate interest in ensuring compliance with this Directive; and

RemovedArticle 14 – paragraph 1 – point b: (b) through third parties which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring compliance with this Directive; and

Change 76

RemovedRepeating the language of Article 13(3).

AddedArticle 14 – paragraph 2: 2. Member States shall ensure that third parties referred to in paragraph 1, point (b) may engage either on behalf of or in support of a third-country worker, with his or her consent, in any judicial and/or administrative procedures aimed at or leading to enforcing the rights granted to the third-country worker pursuant to this Directive.

RemovedArticle 14 – paragraph 2: 2. Member States shall ensure that third parties referred to in paragraph 1, point (b) may engage either on behalf of or in support of a third-country worker, with his or her consent, in any judicial and/or administrative procedures aimed at enforcing the rights granted to the third-country worker pursuant to this Directive.

AddedArticle 14 – paragraph 3 – introductory part: 3. Member States shall ensure that third-country workers, including those whose employment relationship has come to an end, have the same access as nationals of the Member State where they reside with regard to:

RemovedLinguistic change

AddedArticle 14 – paragraph 3 – point a: (a) measures protecting against dismissal, adverse treatment by the employer, or other adverse consequences as a result of a complaint or process seeking to enforce the rights granted pursuant to this Directive;

Change 77

RemovedThird country workers should be entitled to seek legal assistance in the same way as national workers.

AddedArticle 16 – paragraph 1 – introductory part: Each Member State shall make easily accessible to the general public, including in relevant third countries, a regularly updated objective set of information drawing on all available sources:

RemovedArticle 16– introductory part: Each Member State shall make easily accessible to the general public, including in relevant third countries, a regularly updated set of information:

AddedAmendment 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.

RemovedIt is important that information campaigns target potential single permit applicants and is not addressed solely to the national general public.

Change 78

RemovedFollowing the language of Article 1(1)(a).

AddedAmendment 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 79

ChangedArticle 16 – paragraph 1 – point c: (c) on entry and residence conditions, including the rights, obligations and procedural safeguards, of the third-country nationalsnationals, and their family membersmembers, falling under the scope of this Directive.

Change 80

RemovedIt is also important that information given to the general public, including potential applicants, includes information on the rights of family members.

AddedArticle 17 – paragraph 2: 2. Annually, and for the first time no later than [ ] , Member States shall publish and communicate to the Commission (Eurostat) high-quality and comparable statistics including disaggregated gender and equality data on the volumes of third-country nationals who have applied for a single permit, those who have been granted a single permit, and those whose single permit has been renewed or withdrawn during the previous calendar year, in accordance with Regulation (EC) No 862/2007 of the European Parliament and of the Council55 . Those statistics shall relate to reference periods of one calendar year, be disaggregated by type of decision, reason, length of validity and citizenship and gender and be transmitted within six months after the end of the reference period.

RemovedArticle 17 – paragraph 2: 2. Annually, and for the first time no later than [ ] , Member States shall communicate to the Commission (Eurostat) statistics on the volumes of third-country nationals who have applied for a single permit, those who have been granted a single permit, those whose single permit has been renewed or withdrawn, and any transitional single permits issued, during the previous calendar year, in accordance with Regulation (EC) No 862/2007 of the European Parliament and of the Council55 . Those statistics shall relate to reference periods of one calendar year, be disaggregated by type of decision, reason, length of validity and citizenship and be transmitted within six months after the end of the reference period.

AddedAmendment 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.

RemovedIt is important to have detailed statistics on single permit applications, those granted, those withdrawn or renewed and on any transitional permits granted to allow for a proper analysis of the effectiveness of this Directive.

AddedArticle 17 – paragraph 2 a (new): 2a. The Commission shall adopt, by means of an implementing act, a common template for data collected pursuant to paragraph 2.

Change 81 under “EXPLANATORY STATEMENT”

AddedLETTER OF THE COMMITTEE ON LEGAL AFFAIRS

AddedMr Juan Fernando López Aguilar

AddedChair

AddedCommittee on Civil Liberties, Justice and Home Affairs

AddedBRUSSELS

AddedSubject: Opinion on Proposal for a Directive 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) (COM(2022)0655 – C90163/2022 – 2022/0131(COD))