Changes from report parliamentary committee draft to plenary report

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application to issue, amend or renew a single permit can be rejected, or on the basis of which the single permit can be withdrawn, should be objective and proportionate, and should be laid down in national law.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.

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

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.

RemovedRecital 25: (25) Working conditions as referred to in this Directive should cover at least the terms of employment, remuneration, dismissal, health and safety at the workplace, working time and leave, taking into account collective agreements in force.

AddedRecital 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 .

RemovedAdjustment to correct the syntax of the sentence and improve the wording in line with other EU law instrument in this area.

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 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. / 47 Directive 2005/36/EC of the European Parliament and the Council on the recognition of professional qualifications (OJ L 255, 30.9.2005, p. 22).

AddedRecital 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.

RemovedThe recital is aligned with the amended 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.

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 communicated 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.

AddedRecital 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.

RemovedOriginally Recital 34. This recital relates to Article 11 and should come before recitals related to equal treatment laid down in Article 12. The single permit holder should be allowed to seek alternative employment and change employer throughout the period of validity of the permit. If the third-country national changes employer, then the competent authority should be informed of the change and the relevant information of the new employment. Where a single permit holder becomes unemployed, he/she should have at least nine months to find alternative employment before the single permit is withdrawn.

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

AddedRecital 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.

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 of inextricable link to other admissible amendments.

AddedRecital 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.

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.

Recital 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.

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.

Recital 31: deleted

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.

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

AddedRecital 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 33: (33) Member States should also put in place timely 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.

RemovedLinguistic changes to provide more clarity.

Recital 34: deleted

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.

RemovedArticle 1 – paragraph 2: deleted

AddedArticle 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;

RemovedAs it is primary EU law, Article 79(5) TFEU applies to this Directive. It cannot be changed here and does not need to be repeated. It is already included in Recital 5. There is no added value to this provision.