Changes from report parliamentary committee draft to plenary report

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

Changedon the proposal for a directive of the European Parliament and of the Council concerningon 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)

▸7 unchanged paragraphs

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

(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,

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

Changed– 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,

– 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,

Changed– having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A90000/2022),(A9-0140/2023),

▸4 unchanged paragraphs

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

ChangedRecital 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.

Change 2

RemovedIt is important not to forget the driving impulse for the original Single Permit Directive. This impulse, set out in Recital 2 of the original Directive, remains pertinent for the recast.

AddedRecital 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

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.

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. Due to the changes in provisions of Articles 4 and 5, this recital needs to be amended.

RemovedIn order for the changed provisions of Articles 4 & 5 to be properly explained in the recitals, this recital needs to be amended. Time limits are provided within which either the single permit is issued or a visa is issued which will allow for the single permit to be issued on the territory.

AddedRecital 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.

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 well as transparent 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, directed towards third countries.

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

RemovedIn order for the changed provisions of Article 4 and 5 to be properly explained in the recitals, this recital needs to be amended.

AddedRecital 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.

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.

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.

RemovedThis is the wording of Article 79(5) TFEU which provides a residual competence to Member States.

AddedRecital 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).

RemovedRecital 6: (6) This Directive should cover employment contracts and employment relationships between third-country workers and employers. Where a Member State’s national law allows 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 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.

RemovedRecital 9: (9) Third-country nationals who have acquired long-term resident status in accordance with Council Directive 2003/109/EC40 should not be covered by this Directive given their generally more privileged status and their specific type of residence permit ‘long-term resident-EU’.

AddedRecital 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.

RemovedLinguistic adaptation

AddedRecital 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.

Change 3

ChangedRecital 10: (10) Third-country nationals who have already 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 shouldwhile notfalling bewithin coveredthe byscope thisof Directive given2014/36/EU, thatwhich theyestablishes falla withinspecific theregime, scopeshould ofstill Directivehave 2014/36/EU,the whichpossibility establishesto apply for a specificsingle regimepermit .and thus benefit from this Directive.

Change 4

RemovedAlthough persons who have been admitted to the EU as seasonal workers under Directive 2014/36/EU are governed by a different regime, this should not prevent applicants to a seasonal worker's permit from simultaneously applying for and, if successful, receiving a single permit (instead of a seasonal workers permit). Excluding them entirely from the scope of the Directive is purely discriminatory. For national schemes of seasonal work, the minimum rules laid down by the single permit should apply.

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

Recital 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.

Change 5

RemovedTo facilitate the application for a single permit, the third-country national and his or her employer should be able to decide which of them will submit the application. Wording aligned with Article 4(1).

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 6

ChangedRecital 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,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 PermitPermit. .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.

Change 7

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.

Recital 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.

Change 8

RemovedIn order for persons to feel inclined to come to the European Union, it is important that time limits are realistic for the people involved and provide legal clarity. All checks required for completing the examination of the application should be carried out within the time limit established.

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

Recital 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.

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

Recital 16: deleted

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