### (14) in order to enable member states to deploy the additional resources for crisis repair quickly in the context of the covid-19 pandemic and preparing a green , digital and resilient recovery of the economy within the current programming period , it is justified to exempt , on an exceptional basis , member states from the need to comply with ex ante conditionalities and requirements on the performance reserve and application of the performance framework , on thematic concentration , also in relation to the thresholds established for sustainable urban development for the erdf , and requirements on preparation of a communication strategy for the additional resources. it is nevertheless necessary that member states carry out at least one evaluation by 31 december 2024 to assess the effectiveness , efficiency and impact of the additional resources as well as how they contributed to achieving the goals of the new dedicated thematic objective. to facilitate the availability of comparable information at union level , member states are encouraged to make use of the programme-specific indicators made available by the commission. in addition , while carrying out their responsibilities linked to information , communication and visibility , member states and managing authorities should enhance the visibility of the exceptional measures and resources introduced by the union , in particular by ensuring that potential beneficiaries , beneficiaries , participants , final recipients of financial instruments and the general public are aware of the existence , volume and additional support stemming from the additional resources. ### (14) in order to enable member states to deploy the additional resources for crisis repair quickly in the context of the covid-19 pandemic and its social consequences and preparing a green , digital and resilient recovery of the economy , with respect to the “do no harm principle” , within the current programming period , it is justified to exempt , on an exceptional basis , member states from the need to comply with ex ante conditionalities and requirements on the performance reserve and application of the performance framework , on thematic concentration , , and requirements on preparation of a communication strategy for the additional resources. it is nevertheless necessary that member states carry out at least one evaluation by 31 december 2024 to assess the effectiveness , efficiency , inclusiveness and impact of the additional resources as well as how they contributed to achieving the goals of the new dedicated thematic objective. to facilitate the availability of comparable information at union level , member states are strongly encouraged to make use of the programme-specific indicators made available by the commission. in addition , while carrying out their responsibilities linked to information , communication and visibility , member states and managing authorities should enhance the visibility of the exceptional measures and resources introduced by the union , in particular by ensuring that potential beneficiaries , beneficiaries , participants , final recipients of financial instruments and the general public are aware of the existence , volume and additional support stemming from the additional resources.


### (15) with a view to allow the targeting of these additional resources to the geographic areas where they are most needed , as an exceptional measure and without prejudice to the general rules for allocating structural funds resources , the additional resources allocated to the erdf and the esf are not to be broken down per category of region. however , member states are expected to take into account the different regional needs and development levels in order to ensure that focus is maintained on less developed regions , in accordance with the objectives of economic , social and territorial cohesion set out in article 173 tfeu. member states should also involve local and regional authorities , as well as relevant bodies representing civil society , in accordance with the partnership principles. ### (15) with a view to allow the targeting of these additional resources to the geographic areas where they are most needed , as an exceptional measure and without prejudice to the general rules for allocating structural funds resources , the additional resources allocated to the erdf and the esf are not to be broken down per category of region. however , member states are expected to take into account the different regional needs and development levels in order to ensure that focus is maintained on less developed regions , in accordance with the objectives of economic , social and territorial cohesion set out in article 173 tfeu. member states should also involve local and regional authorities , as well as relevant bodies representing civil society , in accordance with the partnership principles. in its assessment of the react-eu implementation , the commission will evaluate the level of coordination between national authorities and local and regional authorities in defining the scope and the amount of assistance requested under react-eu.


### (15) with a view to allow the targeting of these additional resources to the geographic areas where they are most needed , as an exceptional measure and without prejudice to the general rules for allocating structural funds resources , the additional resources allocated to the erdf and the esf are not to be broken down per category of region. however , member states are expected to take into account the different regional needs and development levels in order to ensure that focus is maintained on less developed regions , in accordance with the objectives of economic , social and territorial cohesion set out in article 173 tfeu. member states should also involve local and regional authorities , as well as relevant bodies representing civil society , in accordance with the partnership principles. ### (15) with a view to allow the targeting of these additional resources to the geographic areas where they are most needed , as an exceptional measure and without prejudice to the general rules for allocating structural funds resources , the additional resources allocated to the erdf and the esf are not to be broken down per category of region. however , member states are expected to take into account the different regional needs and development levels in order to ensure that focus is maintained on less developed regions , in accordance with the objectives of economic , social and territorial cohesion set out in article 173 tfeu. member states should also involve local and regional authorities , as well as relevant bodies representing civil society and in particular bodies responsible for promoting social inclusion , gender equality and non-discrimination , as well as social partners in full respect of the partnership principles.


### (15) with a view to allow the targeting of these additional resources to the geographic areas where they are most needed , as an exceptional measure and without prejudice to the general rules for allocating structural funds resources , the additional resources allocated to the erdf and the esf are not to be broken down per category of region. however , member states are expected to take into account the different regional needs and development levels in order to ensure that focus is maintained on less developed regions , in accordance with the objectives of economic , social and territorial cohesion set out in article 173 tfeu. member states should also involve local and regional authorities , as well as relevant bodies representing civil society , in accordance with the partnership principles. ### (15) with a view to allow the targeting of these additional resources to the geographic areas where they are most needed , as an exceptional measure and without prejudice to the general rules for allocating structural funds resources , the additional resources allocated to the erdf and the esf are not to be broken down per category of region. however , member states are expected to take into account the different regional needs and development levels in order to ensure that focus is maintained on less developed regions , in accordance with the objectives of economic , social and territorial cohesion set out in article 173 tfeu and on the regions and local communities most affected by covid-19. member states should also involve local and regional authorities , as well as relevant bodies representing civil society , and in particular bodies responsible for promoting social inclusion , gender equality and non-discrimination , as well as social partners , in full respect of the partnership principles.


### 1a. in addition to the global resources referred to in paragraph 1 , additional resources of eur 5 000 000 000 in current prices shall be made available for economic , social and territorial cohesion for budgetary commitment for 2020 , and allocated to the erdf and the esf; ### 1a. in addition to the global resources referred to in paragraph 1 , additional resources of eur 5 000 000 000 in current prices shall be made available for economic , social and territorial cohesion for budgetary commitment for 2020 , and allocated to the erdf , the eafrd , the esf and the emff;


### these additional resources for 2021 and 2022 shall constitute external assigned revenues in accordance with article 21(5) of the financial regulation. ### these additional resources for 2021 and 2022 shall constitute external assigned revenues in accordance with article 21(5) of the financial regulation. based on the statistics and future developments related to recovery from the economic crisis provoked by covid-19 , the decision can be taken to prolong the flexibility measures under react-eu to the years 2023 and 2024.


### exceptional additional resources and implementing arrangements for the investment for growth and jobs goal to provide assistance for fostering crisis repair in the context of the covid-19 pandemic and preparing a green , digital and resilient recovery of the economy (react-eu) ### exceptional additional resources and implementing arrangements for the investment for growth and jobs goal to provide assistance for fostering crisis repair in the context of the covid-19 pandemic and its social consequences and preparing a green , digital and resilient recovery of the economy (react-eu)


### — 2021: eur 42 434 400 000; ### — 2021: eur 10 820 400 000;


### — 2022: eur 10 820 400 000. ### — 2022: eur 42 434 400 000.


### 3. 0.35% of the additional resources shall be allocated to technical assistance at the initiative of the commission. ### 3. a minimum of 0.35% of the additional resources shall be allocated to technical assistance at the initiative of the commission.


### each member state shall allocate the additional resources available for programming under the erdf and the esf to operational programmes. ### each member state shall allocate the additional resources available for programming under the erdf and the esf to operational programmes. the esf share may not be decreased below the current legal obligation of 23.1%. it shall take into account the cumulative number of coronavirus infections on nuts level 3 and concentrate the additional resources on those nuts level 3 areas with the highest numbers.


### each member state shall allocate the additional resources available for programming under the erdf and the esf to operational programmes. ### each member state shall allocate the additional resources available for programming under the erdf and the esf to operational programmes following the consultation with regional and local authorities.


### the requirements laid down in article 92(4) shall not apply to the initial allocation or their subsequent transfers. ### deleted


### 6. up to 4% of the total additional resources under the erdf and the esf may be allocated to technical assistance under any existing operational programme supported from the erdf or the esf or the new operational programme referred to in paragraph 11. ### 6. where necessary additional resources under the erdf and the esf may be allocated to technical assistance under any existing operational programme supported from the erdf or the esf or the new operational programme referred to in paragraph 11. such additional technical and administrative assistance will serve i.e. as a prevention measure against cohesion policy efforts being compromised by domestic political factors.


### for the purpose of applying article 134(2) for the annual pre-financing in the years 2021 , 2022 and 2023 , the amount of the support from the funds for the whole programming period to the operational programme shall include the additional resources. ### for the purpose of applying article 134(2) for the annual pre-financing in the years 2021 , 2022 , 2023 and 2024 the amount of the support from the funds for the whole programming period to the operational programme shall include the additional resources.


### member states may allocate the additional resources either to one or more separate priority axes within an existing operational programme or programmes or to a new operational programme referred to in paragraph 11. by way of derogation from article 26(1) , the programme shall cover the period until 31 december 2022 , subject to paragraph 4 above. ### member states may allocate the additional resources either to one or more separate priority axes within an existing operational programme or programmes or to a new operational programme referred to in paragraph 11.


### for the erdf , the additional resources shall primarily be used to support investment in products and services for health services , to provide support in the form of working capital or investment support to smes , investments contributing to the transition towards a digital and green economy , investments in infrastructure providing basic services to citizens , and economic measures in the regions which are most dependent on sectors most affected by the crisis. ### for the erdf , the additional resources shall primarily be used to support investment in products and services for health services , to provide support in the form of working capital or investment support to smes , investments contributing to the transition towards a digital and green economy , investments in infrastructure providing basic services to citizens , and economic measures in the regions which are most dependent on sectors most affected by the crisis. in this context , specific attention must be given to the repairing and building of critical infrastructure , such as hospitals and roads , as a means to accelerate economic recovery and enhance the utility of investments in cohesion policy.


### for the esf , the additional resources shall primarily be used to support job maintenance , including through short-time work schemes and support to self-employed , even when that support is not combined with active labour market measures , unless the latter are imposed by national law. the additional resources shall also support job creation , in particular for people in vulnerable situations , youth employment measures , education and training , skills development , in particular to support the twin green and digital transitions , and to enhance access to social services of general interest , including for children. ### for the esf , the additional resources shall primarily be used to support social inclusion and poverty eradication measures , with a particular focus on child poverty and gender equality , job maintenance , including through short-time work schemes and support to self-employed , even when that support is not combined with active labour market measures , unless the latter are imposed by national law. the additional resources shall also support job creation , in particular for people in vulnerable situations , youth employment measures , education and training , skills development , in particular to support the twin green and digital transitions , and to enhance access to universal , inclusive , accessible , affordable and high-quality social services of general interest , including for children.


### where such a new operational programme is established , only authorities designated under on-going operational programmes supported by the erdf , the esf and the cohesion fund may be identified by the member states for the purposes of point (a) of article 96(5). ### where such a new operational programme is established , only authorities designated under on-going operational programmes supported by the erdf , the esf and the cohesion fund may be identified by the member states for the purposes of point (a) of article 96(5) following the consultation with regional and local authorities.


### by way of derogation from article 56(3) and 114(2) , the member states shall ensure that by 31 december 2024 at least one evaluation on the use of the additional resources is carried out to assess their effectiveness , efficiency , impact and how they contributed to the thematic objective referred to in paragraph 10 of this article. ### deleted


### by way of derogation from article 56(3) and 114(2) , the member states shall ensure that by 31 december 2024 at least one evaluation on the use of the additional resources is carried out to assess their effectiveness , efficiency , impact and how they contributed to the thematic objective referred to in paragraph 10 of this article. ### by way of derogation from article 56(3) and 114(2) , the member states shall ensure that by 31 december 2023 at least one evaluation on the use of the additional resources is carried out to assess their effectiveness , efficiency , impact and inclusiveness , compliance with gender equality targets and how they contributed to the thematic objective referred to in paragraph 10 of this article.


### 12. the following provisions shall not apply to the additional resources: ### 12. the following provisions shall not apply to the additional resources in the case a member state is participating in the enhanced cooperation on the european public prosecutor's office:


### requirements on thematic concentration including thresholds established for sustainable urban development as set out in this regulation or the fund-specific rules , by way of derogation from article 18; ### deleted


### exceptional additional resources and implementing arrangements for the investment for growth and jobs goal to provide assistance for fostering crisis repair in the context of the covid-19 pandemic and preparing a green , digital and resilient recovery of the economy (react-eu) ### exceptional additional resources and implementing arrangements for the investment for growth and jobs goal to provide assistance for fostering crisis repair in the context of the covid-19 pandemic and its social consequences and preparing a green , digital and resilient recovery of the economy (react-eu)


### 1. the additional resources referred to in articles 91(1a) and 92a (‘the additional resources’) shall be made available under the investment for growth and jobs goal to provide assistance for fostering crisis repair in the context of the covid-19 pandemic and preparing a green , digital and resilient recovery of the economy (react-eu). the additional resources shall be used to implement technical assistance pursuant to paragraph 6 of this article and the operations implementing the thematic objective in paragraph 10 of this article. ### 1. the additional resources referred to in articles 91(1a) and 92a (‘the additional resources’) shall be made available under the investment for growth and jobs goal to provide assistance for fostering crisis repair in the context of the covid-19 pandemic and preparing a green , digital and resilient recovery of the economy (react-eu) , with respect to the “do no harm principle”. the additional resources shall be used to implement technical assistance pursuant to paragraph 6 of this article and the operations implementing the thematic objective in paragraph 10 of this article.


### each member state shall allocate the additional resources available for programming under the erdf and the esf to operational programmes. ### each member state shall allocate the additional resources available for programming under the erdf and the esf to operational programmes , involving local and regional authorities , as well as ngos and civil society , in compliance with the partnership principle. the esf share may not be decreased below the current legal obligation of 23.1%. it shall take into account the cumulative number of coronavirus infections at nuts level 3 and concentrate the additional resources in those nuts level 3 areas with the highest numbers.


### following their initial allocation , the additional resources may , at the request of a member state for amendment of an operational programme pursuant to article 30(1) , be transferred between the erdf and the esf , irrespective of the percentages referred to in points (a) , (b) and (c) of article 92(1). ### following their initial allocation , the additional resources may , at the request of a member state for amendment of an operational programme pursuant to article 30(1) , be transferred between the erdf , the eafrd , the emff and the esf , irrespective of the percentages referred to in points (a) , (b) and (c) of article 92(1).


### member states may allocate the additional resources either to one or more separate priority axes within an existing operational programme or programmes or to a new operational programme referred to in paragraph 11. by way of derogation from article 26(1) , the programme shall cover the period until 31 december 2022 , subject to paragraph 4 above. ### member states may allocate the additional resources either to one or more separate priority axes within an existing operational programme or programmes or to a new operational programme referred to in paragraph 11. the resources shall be primarily allocated to regional programmes , where such programmes are in place , in accordance to the objective to target the worst hit regions. the partnership principle shall fully apply to the programming and implementation of resources in accordance with article 5 of this regulation and the european code of conduct on partnership. by way of derogation from article 26(1) , the programme shall cover the period until 31 december 2022 , subject to paragraph 4 above.


### for the erdf , the additional resources shall primarily be used to support investment in products and services for health services , to provide support in the form of working capital or investment support to smes , investments contributing to the transition towards a digital and green economy , investments in infrastructure providing basic services to citizens , and economic measures in the regions which are most dependent on sectors most affected by the crisis. ### for the erdf , the additional resources shall primarily be used to support investment in products and services for health services , to provide support in the form of working capital or investment support to smes , investments contributing to the transition towards a digital and green economy , investments in infrastructure , with respect to the “do no harm principle” , providing non-discriminatory basic services to citizens , also in rural areas , and economic measures in the regions which are most dependent on sectors most affected by the crisis.


### for the esf , the additional resources shall primarily be used to support job maintenance , including through short-time work schemes and support to self-employed , even when that support is not combined with active labour market measures , unless the latter are imposed by national law. the additional resources shall also support job creation , in particular for people in vulnerable situations , youth employment measures , education and training , skills development , in particular to support the twin green and digital transitions , and to enhance access to social services of general interest , including for children. ### for the esf , the additional resources shall primarily be used to support social inclusion and poverty eradication measures , with a particular focus on child poverty and gender equality , job maintenance , also in rural areas , including through short-time work schemes and support to self-employed , even when that support is not combined with active labour market measures , unless the latter are imposed by national law. the additional resources shall also support job creation , in particular for people in vulnerable situations , youth employment measures , education and training , skills development , in particular to support the twin green and digital transitions , and to enhance access to universal , inclusive , accessible , affordable and high-quality social services of general interest , including for children. the additional resources shall also be used for developing gender-related tools , guidelines and training programmes tailored to the specific policy domains addressed by cohesion policy , with concrete examples of how to implement a gender perspective.


### by way of derogation from article 56(3) and 114(2) , the member states shall ensure that by 31 december 2024 at least one evaluation on the use of the additional resources is carried out to assess their effectiveness , efficiency , impact and how they contributed to the thematic objective referred to in paragraph 10 of this article. ### by way of derogation from article 56(3) and 114(2) , the member states shall ensure that by 31 december 2023 at least one evaluation on the use of the additional resources is carried out to assess their effectiveness , efficiency , impact and inclusiveness , compliance with gender equality targets and how they contributed to the thematic objective referred to in paragraph 10 of this article. a gender impact assessment shall be a mandatory part of those evaluations.


### 12. the following provisions shall not apply to the additional resources: ### 12. the following provisions shall not apply to the additional resources for a member state participating in the enhanced cooperation on the european public prosecutor's office:


### the derogation provided in the second sub-paragraph of article 65(10) setting the eligibility date of 1 february 2020 for operations for fostering crisis response capacities in the context of the covid-19 outbreak; ### deleted


### 2. the rules described in paragraph 1 shall not result in allocations per member state for the whole period 2020 to 2022 higher than ### 2. the rules described in paragraph 1 shall not result in allocations per member state for the whole period 2020 to 2024 higher than


### (19) in view of the covid-19 pandemic and the urgency to address the associated public health crisis , it is considered necessary to use the exception to the eight-week period referred to in article 4 of protocol no 1 on the role of national parliaments in the european union , annexed to the treaty on european union , to the treaty on the functioning of the european union and to the treaty establishing the european atomic energy community. ### deleted


### (3) member states have been affected by the consequences of the covid-19 pandemic crisis in an unprecedented manner. the crisis has led to severe economic and social consequences. this has created an exceptional situation which needs to be addressed with specific measures in line with the european pillar of social rights. ### (3) member states have been affected by the consequences of the covid-19 pandemic crisis in an unprecedented manner. the crisis has led to severe economic and social consequences dramatically worsening the situation of people experiencing or at risk of poverty and social exclusion , and endangering the life of persons affected by deep poverty and material deprivation. this has created an exceptional situation which needs to be addressed with specific measures in line with the european pillar of social rights and the charter of fundamental rights of the european union.


### (5) in order to redress huge shocks to the economy and serious impacts on the functioning of the single market due to exceptional restrictions put in place by member states to contain the covid-19 spreading , the european council endorsed on 23 april 2020 the “roadmap for recovery” with a strong investment component , called for the establishment of the [european recovery instrument ] and mandated the commission to analyse the needs so that the resources are targeted towards the sectors and geographical parts of europe most affected , while clarifying also the link with the mff. ### (5) in order to redress huge shocks to the society and the economy and serious impacts on the functioning of the european social model and the single market due to exceptional restrictions put in place by member states to contain the covid-19 spreading , the european council endorsed on 23 april 2020 the “roadmap for recovery” with a strong investment component , called for the establishment of the [european recovery instrument ] and mandated the commission to analyse the needs so that the resources are targeted towards the sectors and geographical parts of europe most affected , while clarifying also the link with the mff.


### (6) the commission issued a proposal for a regulation11 amending council regulation (eu , euratom) no 1311/201312 on 27 may 2020 and unlocked additional resources to support member states in crisis repair in the context of the covid-19 pandemic and preparing the recovery of the economy. as part of this package , an additional exceptional amount of eur 58 272 800 000 for budgetary commitment from the structural funds under the investment for growth and jobs goal , for the years 2020 , 2021 and 2022 is made available for this purpose , with a view to deploying them quickly for the real economy through the existing structures for the 2014-2020 cohesion policy programmes. the commission should set out the breakdown of the additional resources for each member state on the basis of an allocation method based on the latest available objective statistical data concerning member states’ relative prosperity and the extent of the effect of the current crisis on their economies. in order to reflect the evolving nature of the effects of the crisis , the breakdown should be revised in 2021 on the basis of the same allocation method using the latest statistical data available by 19 october 2021. in order to provide for an effective response to the social impact of the covid-19 outbreak on the most deprived , it is appropriate that the additional resources may be allocated by member states to the fead , in accordance with their needs. in doing so , member states should pay due attention to the increases in the number of the most deprived since the covid-19 pandemic. in addition , it is necessary to establish ceilings concerning the allocation of the increased resources to technical assistance of the member state. taking account of the expected quick spending of the additional resources , the commitments linked to these additional resources should also be decommitted at the closure of the programmes. possibilities for financial transfers under the investment for growth and jobs goal between the erdf , the esf and the fead are also introduced for the additional resources. ### (6) the commission issued a proposal for a regulation11 amending council regulation (eu , euratom) no 1311/201312 on 27 may 2020 and unlocked additional resources to support member states in crisis repair in the context of the covid-19 pandemic and preparing the social , resilient and sustainable recovery of the economy. as part of this package , an additional exceptional amount of eur 58 272 800 000 for budgetary commitment from the structural funds under the investment for growth and jobs goal , for the years 2020 , 2021 and 2022 is made available for this purpose , with a view to deploying them quickly for the real economy through the existing structures for the 2014-2020 cohesion policy programmes. the commission should set out the breakdown of the additional resources for each member state on the basis of an allocation method based on the latest available objective statistical data , including equality data , concerning member states’ relative prosperity and the nature and the extent of the effect of the current crisis on their economies and their society , especially on the most deprived , including homeless people and people living in institutions , who are traditionally not reached by member state statistical offices. for this reason , ngos and local authorities working in the field of poverty and social exclusion and in the provision of services to the most deprived should be involved in the collection of relevant data. in order to reflect the evolving nature of the effects of the crisis , the breakdown should be revised in 2021 on the basis of the same allocation method using the latest statistical data available by 19 october 2021. in order to provide for an effective response to the social impact of the covid-19 outbreak on the most deprived , it is appropriate that the additional resources may be allocated by member states to the fead , in accordance with their needs. in doing so , member states should pay due attention to the increases in the number of the most deprived since the covid-19 pandemic. in addition , it is necessary to establish ceilings concerning the allocation of the increased resources to technical assistance of the member state. taking account of the expected quick spending of the additional resources , the commitments linked to these additional resources should also be decommitted at the closure of the programmes. possibilities for financial transfers under the investment for growth and jobs goal from the erdf to the esf and the fead are also introduced for the additional resources. taking into account the vital role of the esf in eradicating poverty and fighting social exclusion , the esf share should not be decreased below the current legal obligation of 23 ,1%.


### (8) in order to ensure that member states have sufficient financial means to swiftly implement crisis repair actions in the context of the covid-19 pandemic and prepare the recovery of the economy , it is necessary to provide a higher level of pre-financing payment for the quick implementation of actions supported by the additional resources. the magnitude of the pre-financing should ensure that member states have the means to arrange for advance payments to beneficiaries where necessary and to reimburse beneficiaries quickly following the submission of payment claims. ### (8) in order to ensure that member states have sufficient financial means to swiftly implement crisis repair actions in the context of the covid-19 pandemic and prepare the social , resilient and sustainable recovery of the economy and the society , it is necessary to provide a higher level of pre-financing payment as early as possible for the quick implementation of actions supported by the additional resources. the magnitude of the pre-financing should ensure that member states have the means to arrange for advance payments to beneficiaries where necessary and to reimburse beneficiaries quickly following the submission of payment claims. in order to ensure an immediate relief for beneficiaries , member states should commit to taking all necessary steps to launch the advance payments as fast as possible.


### (11) since the objective of this regulation , namely to respond to the impact of the public health crisis on the most deprived , cannot be sufficiently achieved by the member states alone and can therefore , by reason of the scale and effects of the proposed action , be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union. in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary to achieve this objective. ### (11) since the objective of this regulation , namely to respond to the impact of the public health and the socio-economic crisis on the most deprived , cannot be sufficiently achieved by the member states alone and can therefore , by reason of the scale and effects of the proposed action , be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union. in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary to achieve this objective.


### (14) in view of the covid-19 pandemic and the urgency to address the associated public health crisis , it is considered necessary to use the exception to the eight-week period referred to in article 4 of protocol no 1 on the role of national parliaments in the european union , annexed to the treaty on european union , to the treaty on the functioning of the european union and to the treaty establishing the european atomic energy community , ### (14) in view of the covid-19 pandemic and the urgency to address the associated public health and socio-economic crisis , it is considered necessary to use the exception to the eight-week period referred to in article 4 of protocol no 1 on the role of national parliaments in the european union , annexed to the treaty on european union , to the treaty on the functioning of the european union and to the treaty establishing the european atomic energy community ,


### 1. emphasises that the agencies are highly visible in the member states and have significant influence on policy , decision making and programme implementation in areas of vital importance to european citizens , such as security , safety , health , research , economic affairs , freedom and justice; reiterates the importance of the tasks performed by the agencies and their direct impact on the daily lives of union citizens; reiterates also the importance of the autonomy of the agencies , in particular of the regulatory agencies and those with the function of independent collection of information; recalls that the main reasons for establishing the agencies were for the purpose of operating union systems , facilitating the implementation of the european single market and making independent technical or scientific assessments; welcomes in this regard the effective overall performance of the agencies , and the progress made in enhancing their visibility to european citizens; ### 1. emphasises that the agencies have significant influence on policy , decision making and programme implementation in areas of vital importance to european citizens , such as security , safety , health , research , economic affairs , freedom and justice; reiterates the importance of the tasks performed by the agencies and their direct impact on the daily lives of union citizens; reiterates also the importance of the autonomy of the agencies , in particular of the regulatory agencies and those with the function of independent collection of information; recalls that the main reasons for establishing the agencies were for the purpose of operating union systems , facilitating the implementation of the european single market and making independent technical or scientific assessments; welcomes in this regard the effective overall performance of the agencies;


### 2. notes with satisfaction that , according to the annual report of the european court of auditors’ (the 'court') on union agencies for the financial year 2018 (the 'court’s report') , the court issued an unqualified audit opinion on the reliability of the accounts of all agencies; notes in addition that the court issued an unqualified opinion on the legality and regularity of the revenue underlying the accounts for all agencies; observes that the court issued an unqualified opinion on the legality and regularity of the payments underlying the accounts for all agencies , except for the european asylum support office (easo); points out with regret that for easo’s payments for the financial years 2016 and 2017 , the court issued a qualified opinion; ### 2. notes with satisfaction that , according to the annual report of the european court of auditors’ (the 'court') on union agencies for the financial year 2018 (the 'court’s report') , the court issued an unqualified audit opinion on the reliability of the accounts of all agencies; notes in addition that the court issued an unqualified opinion on the legality and regularity of the revenue underlying the accounts for all agencies; observes that the court issued an unqualified opinion on the legality and regularity of the payments underlying the accounts for all agencies , except for the european asylum support office (easo); points out that the court and the commission have recognised an improvement in easo’s management and introduced corrective measures after the appointment of the new management team in the summer 2018;


### b. whereas in the context of the discharge procedure , the discharge authority stresses the importance of further strengthening the efficiency , effectiveness , economy and accountability of union institutions , and of implementing the concept of performance-based budgeting and good governance of human resources; ### b. whereas in the context of the discharge procedure , the discharge authority stresses the importance of further strengthening the concept of performance-based budgeting , accountability of union institutions and good governance of human resources;


### 5. notes with satisfaction that according to its report , the court considers the overall risk to the reliability of accounts to be low for all agencies , since the agencies’ accounts are based on internationally accepted accounting standards , and considering the fact that only a few material errors arose in the past; notes , however , that the increasing number of delegation agreements with the commission assigning specific additional tasks and revenue to agencies represents a challenge in terms of the consistency and transparency of the agencies’ accounting treatment; ### 5. notes with satisfaction that according to its report , the court considers the overall risk to the reliability of agencies’ accounts , based on international accounting standards , to be low , and that only a few material errors arose in the past; notes , however , that the increasing number of delegation agreements with the commission assigning specific additional tasks and revenue to agencies represents a challenge in terms of the consistency and transparency of the agencies’ accounting treatment;


### 6. notes that according to its report , the court considers the overall risk to the legality and regularity of revenue underlying the agencies’ accounts to be low for the majority of agencies , and to be medium for the partly self-financed agencies where specific regulations are applicable to charging and collecting fees and contributions from economic operators or cooperating countries; notes that the court’s considers the overall risk to the legality and regularity of transactions underlying the agencies’ accounts to be medium , varying from low to high for specific budget titles; notes that the risk for title i (staff expenditure) is generally low , for title ii (administrative expenditure) the risk is considered to be medium , and for title iii (operational expenditure) the risk is considered to be low to high , depending on the agencies and the nature of their operational expenditure; points out that risk sources usually derive from procurement and grant payments; ### 6. notes that according to its report , the court considers the overall risk to the legality and regularity of revenue underlying the agencies’ accounts to be low for the majority of agencies , and to be medium for the partly self-financed agencies where specific regulations are applicable to charging and collecting fees and contributions from economic operators or cooperating countries; notes that the court’s considers the overall risk to the legality and regularity of transactions underlying the agencies’ accounts to be medium , varying from low to high for specific budget titles; notes that the risk for title i (staff expenditure) is generally low , for title ii (administrative expenditure) the risk is considered to be medium , and for title iii (operational expenditure) the risk is considered to be low to high , depending on the agencies and the nature of their operational expenditure; points out that high risk sources usually derive from procurement and grant payments which should be taken into account when the court decides on a sample of future checks and audits;


### 7. observes that according to the court’s report the risk to sound financial management is medium and is mainly identified in the areas of information technology (it) and public procurement; regrets that it and public procurement remain areas prone to error; ### 7. observes that according to the court’s report the risk to sound financial management is medium and is mainly identified in the areas of information technology (it) and public procurement; regrets that it and public procurement remain areas prone to error; reiterates its call on the commission to provide for additional training and the exchange of good practices for agencies' procurement teams;


### 8. stresses that the need to have separate administrative structures and procedures for all agencies constitutes an inherent risk to administrative efficiency; ### 8. stresses that the need to have separate administrative structures and procedures for all agencies constitutes an inherent risk to administrative efficiency; calls on the agencies to make additional efforts into widening the scope of their shared services thus improving the efficiency and cost effectiveness of their procedures;


### 9. notes , according to the court’s report , that , following the observations raised in previous years and due to the known union’s policy developments in certain areas , the risk identified in relation to the level of cooperation of member states is high for some agencies , namely the european borders and coast guard agency (frontex) , the european asylum support office (easo) , and the european chemicals agency (echa); ### 9. notes , according to the court’s report , that , following the observations raised in previous years and due to the known union’s policy developments in certain areas , the risk identified in relation to the level of cooperation of member states is high for some agencies , namely the european borders and coast guard agency (frontex) , the european asylum support office (easo) , and the european chemicals agency (echa); reiterates its call on the commission to put these issues on the agenda of the council to help strengthening member states' cooperation;


### 12. encourages the agencies and the commission to apply the principle of performance-based budgeting , to consistently seek the most effective ways to provide added value , and to further explore possible improvements in efficiency in relation to resources management; notes the court’s suggestion that a publication of agency budgets by activity would allow linking resources to the activities they are used for; ### 12. encourages the agencies and the commission to further develop and implement the principle of performance-based budgeting , to consistently seek the most effective ways to provide added value , and to further explore possible improvements in efficiency in relation to resources management; notes the court’s suggestion that a publication of agency budgets by activity would allow linking resources to the activities they are used for;


### 15. notes from the court’s report that in 2018 , some progress was made in relation to the introduction of sysper ii , the human resources management tool developed by the commission , with five additional agencies signed up for it in 2018; notes , however , that the progress in its implementation varies , the project being complex and each agency having its own specificities; notes furthermore that good progress was made in relation to the introduction of e-procurement; ### 15. notes from the court’s report that in 2018 , some progress was made in relation to the introduction of sysper ii , the human resources management tool developed by the commission , with five additional agencies signed up for it in 2018; notes , however , that the progress in its implementation varies , the project being complex and each agency having its own specificities , thus invites the commission to further assist and help making good use of the tool developed; notes furthermore that good progress was made in relation to the introduction of e-procurement;


### 18. notes from the court’s report that payments in its audit samples indicate a trend towards compensating shortages of own statutory staff by external staff , particularly it consultants working in the premises of the agencies on times and means contracts and interim staff; notes that five agencies engaged in the use of interim workers provided by registered temporary work agencies , but did not respect all the rules laid down in both the directive 2018/104/ec6 and in the respective national law , for instance as regards working conditions for interim workers; notes that three agencies used contracts on the provision of it and other consultancy services which were formulated and/or implemented in a way that , in practice , might result in the assignment (‘mise à disposition’) of temporary agency workers instead of the provision of clearly specified services or products and as required by directive 2008/104/ec7 , staff regulations and social and employment rules , exposing these agencies to legal and reputational risks; ### 18. notes from the court’s report that payments in its audit samples indicate a trend towards compensating shortages of own statutory staff by external staff , particularly it consultants working in the premises of the agencies on times and means contracts and interim staff; notes that five agencies engaged in the use of interim workers provided by registered temporary work agencies , but did not respect all the rules laid down in both the directive 2018/104/ec6 and in the respective national law , for instance as regards working conditions for interim workers; notes that three agencies used contracts on the provision of it and other consultancy services which were formulated and/or implemented in a way that , in practice , might result in the assignment (‘mise à disposition’) of temporary agency workers instead of the provision of clearly specified services or products and as required by directive 2008/104/ec7 , staff regulations and social and employment rules , exposing these agencies to legal and reputational risks; hereby reiterates its call on the agencies to significantly lower their dependency on external staff in it consultancy roles , hired through temporary work agencies , to limit any potential risks;


### 19. calls on all agencies to disclose their level of staff turnover and to clearly indicate the positions which are effectively occupied by 31 december of the relevant financial year , in order to ensure inter-agency comparability; ### 19. calls on all agencies to disclose their level of annual staff turnover , average absence from work due to a sick leave and to clearly indicate the positions which are occupied on 31 december of the relevant year , in order to ensure inter-agency comparability;


### 20. notes from the court’s report that shortcomings were found related to excessive dependency on contractors , external consultancy and interims , to the use of inadequate award criteria and the conclusion of contracts with abnormally low tenderers without reasonable justification; notes that several agencies have outsourced , extensively , regular activities and occasionally core business activities , which weakens the internal expertise and control over contract execution , with some weaknesses in the procurement process which may impair fair competition and the achievement of best value for money procurements; notes that for six agencies the framework contract terms for the provision of it maintenance and equipment were weak , as they allowed the purchase of items not specifically mentioned therein and not subject to an initial competitive procedure , and it also allowed the contractor to charge uplifts on the prices of items purchased from other suppliers; notes that although agencies have no power to change the basic contractual arrangements , their related ex -ante controls did not check the accuracy of the up-lifts charged by the contractor; ### 20. notes with concern from the court’s report that shortcomings were found related to excessive dependency on contractors , external consultancy and interims , to the use of inadequate award criteria and the conclusion of contracts with abnormally low tenderers without reasonable justification; notes that several agencies have outsourced , extensively , regular activities and occasionally core business activities , which weakens the internal expertise and control over contract execution , with some weaknesses in the procurement process which may impair fair competition and the achievement of best value for money procurements; notes that for six agencies the framework contract terms for the provision of it maintenance and equipment were weak , as they allowed the purchase of items not specifically mentioned therein and not subject to an initial competitive procedure , and it also allowed the contractor to charge uplifts on the prices of items purchased from other suppliers; notes that although agencies have no power to change the basic contractual arrangements , their related ex -ante controls did not check the accuracy of the up-lifts charged by the contractor; calls on all agencies and bodies of the union to strictly abide by public procurement rules; underlines that digitalisation is a great opportunity for the agencies to increase efficiency and transparency , including in the field of procurement; calls , therefore , on all agencies and bodies to rapidly finalize and implement e-tendering , e-submission , e-invoicing and e-forms for public procurement;


### 20. notes from the court’s report that shortcomings were found related to excessive dependency on contractors , external consultancy and interims , to the use of inadequate award criteria and the conclusion of contracts with abnormally low tenderers without reasonable justification; notes that several agencies have outsourced , extensively , regular activities and occasionally core business activities , which weakens the internal expertise and control over contract execution , with some weaknesses in the procurement process which may impair fair competition and the achievement of best value for money procurements; notes that for six agencies the framework contract terms for the provision of it maintenance and equipment were weak , as they allowed the purchase of items not specifically mentioned therein and not subject to an initial competitive procedure , and it also allowed the contractor to charge uplifts on the prices of items purchased from other suppliers; notes that although agencies have no power to change the basic contractual arrangements , their related ex -ante controls did not check the accuracy of the up-lifts charged by the contractor; ### 20. notes from the court’s report that shortcomings were found related to excessive dependency on contractors , external consultancy and interims , to the use of inadequate award criteria and the conclusion of contracts with abnormally low tenderers without reasonable justification; notes that several agencies have outsourced , extensively , regular activities and occasionally core business activities , which weakens the internal expertise and control over contract execution , with some weaknesses in the procurement process which may impair fair competition and the achievement of best value for money procurements; notes that for six agencies the framework contract terms for the provision of it maintenance and equipment were weak , as they allowed the purchase of items not specifically mentioned therein and not subject to an initial competitive procedure , and it also allowed the contractor to charge uplifts on the prices of items purchased from other suppliers; notes that although agencies have no power to change the basic contractual arrangements , their related ex -ante controls did not check the accuracy of the up-lifts charged by the contractor; asks the commission and the agencies to address the necessary improvements in procurement teams as a matter of urgency , taken into account that the problem is persisting and needs to be addressed systemically;


### (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 effective and manageable , taking account of the normal workload of the member states’ administrations , as well as transparent and fair , in order to offer appropriate legal certainty to those concerned. ### (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 effective and manageable , taking account of the normal workload of the member states’ administrations , as well as transparent , non-discriminatory , gender-balanced , inclusive and fair , in order to offer appropriate legal certainty to those concerned.


### (6) this directive should cover 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 relationship with the worker , such agencies should not be excluded from the scope of this directive. ### (6) this directive should cover employment contracts or 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 relationship with the worker , such agencies should not be excluded from the scope of this directive.


### (7) posted third-country nationals subject to directive 96/71/ec of the european parliament and of the council39 should not be covered by this directive. this should not prevent third-country nationals who are legally residing and working in a member state and posted to another member state from continuing to enjoy equal treatment with respect to nationals of the member state of origin for the duration of their posting , in respect of those terms and conditions of employment which are not affected by the application of directive 96/71/ec . ### (7) genuinely posted third-country nationals subject to directive 96/71/ec of the european parliament and of the council39 should not be covered by this directive. this should not prevent third-country nationals who are legally residing and working in a member state and posted to another member state from continuing to enjoy equal treatment with respect to nationals of the member state of origin for the duration of their posting , in respect of those terms and conditions of employment which are not affected by the application of directive 96/71/ec .


### (10) third-country nationals who have 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 should not be covered by this directive given that they fall within the scope of directive 2014/36/eu , which establishes a specific regime . ### deleted


### (12) the provisions of this directive on the single application procedure and on the single permit should not concern uniform or long-stay visas , with the exception of the obligation for member states to issue the requisite visa within the deadline of four months set out to adopt a decision on the single permit . ### (12) the provisions of this directive on the single application procedure and on the single permit should not concern uniform or long-stay visas , with the exception of the obligation for member states to issue the requisite visa within the deadline of 90 days set out to adopt a decision on the single permit.


### (15) the designation of the competent authority under this directive should be without prejudice to the role and responsibilities of other authorities and , where applicable , the social partners , with regard to the examination of , and the decision on , the application. ### (15) the designation of the competent authority under this directive should be without prejudice to the role and responsibilities of other authorities and , where applicable , the social partners , with regard to the examination of , and the decision on , the application , as well as monitoring , implementing and enforcing labour and social security regulations , facilitation of complaints and legal redress.


### (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. ### (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.


### (19) the provisions of this directive on the single permit and on the residence permit issued for purposes other than work should not prevent member states from issuing an additional paper document in order to be able to give more precise information on the 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 and should not serve as a substitute for a work permit thereby compromising the concept 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. ### (19) the provisions of this directive on the single permit and on the residence permit issued for purposes other than work should not prevent member states from issuing an additional paper document in order to be able to give more precise information on the 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 , including gender-related dimensions of exploitation , and combat illegal employment but should be optional for member states and should not serve as a substitute for a work permit thereby compromising the concept 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.


### (19) the provisions of this directive on the single permit and on the residence permit issued for purposes other than work should not prevent member states from issuing an additional paper document in order to be able to give more precise information on the 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 and should not serve as a substitute for a work permit thereby compromising the concept 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. ### (19) the provisions of this directive on the single permit and on the residence permit issued for purposes other than work should not prevent member states from issuing an additional paper document in order to be able to give more precise information on the employment contract or 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 and should not serve as a substitute for a work permit thereby compromising the concept 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.


### (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 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 a paid relationship , to work there in accordance with national law or practice. ### (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. in this regard , more attention should be paid to the gender-related dimensions and the feminisation of labour migration. a third–country worker in this directive should be defined , without prejudice to the interpretation of the concept of 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 employment paid relationship , to work there in accordance with national law , collective agreement or practice , with consideration to the case-law of the court of justice.


### (25) working conditions as referred to in this directive should cover at least pay and dismissal , health and safety at the workplace , working time and leave taking into account collective agreements in force. ### (25) decent working conditions as referred to in this directive should cover at least the terms of employment , pay and dismissal , health and safety at the workplace , working time and leave , taking into account collective agreements in force , as well as the right to organise and the right to strike.


### (27) third-country workers should enjoy equal treatment as regards social security. 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. nevertheless , this directive should not confer on third-country workers more rights than those already provided in existing union law in the field of social security for third-country nationals who are in cross-border situations. ### (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.


### (32) to ensure the proper enforcement of this directive , member states should ensure 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. 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. ### (32) to ensure the proper enforcement of this directive , 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. 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.


### (33) member states should also put in place effective mechanisms through which third-country workers may seek legal redress and lodge complaints directly or 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 competent authorities. that 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 , for example out of fear of possible consequences. ### (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 or 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 , the european labour authority , or competent authorities. that 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 , for example out of fear of possible consequences.


### (34) the single permit should authorise the third-country national to change the employer during the period of its validity. member states should be able to require a notification of the change and to check the labour market situation where a change of employer takes place. the single permit should not be withdrawn during a period of at least three months in the event of the unemployment of its holder. ### (34) the single permit should authorise the third-country national to seek employment and conclude an employment contract with a different employer during the period of its validity. member states should be able to require a notification of the change of employer prior to the first working day , and to be able to check the labour standards where a change of employer takes place. the purpose of the communication procedure is to monitor and enforce labour and social security conditions. the single permit should not be withdrawn during a period of at least nine months in the event of the unemployment of its holder.


### (34) the single permit should authorise the third-country national to change the employer during the period of its validity. member states should be able to require a notification of the change and to check the labour market situation where a change of employer takes place. the single permit should not be withdrawn during a period of at least three months in the event of the unemployment of its holder. ### (34) the single permit should authorise the third-country national to seek employment and conclude an employment contract with a different employer during the period of its validity. member states should require a notification of the change of employer prior to the first working day , and be able to check the labour standards where a change of employer takes place. the purpose of the communication procedure is to monitor and enforce labour and social security conditions. the single permit should not be withdrawn during a period of at least nine months in the event of the unemployment of its holder.


### ‘third-country worker’ means a third-country national who has been admitted to the territory of a member state and who is legally residing and is allowed to work in the context of an employment relationship in that member state in accordance with national law or practice; ### ‘third-country worker’ means a third-country national who is legally residing and is allowed to work in the context of an employment contract or employment relationship in that member state in accordance with national law collective agreements , or practice , with consideration to the case-law of the court of justice;


### ‘third-country worker’ means a third-country national who has been admitted to the territory of a member state and who is legally residing and is allowed to work in the context of an employment relationship in that member state in accordance with national law or practice; ### ‘third-country worker’ means a third-country national who is legally residing and is allowed to work in the context of an employment relationship in that member state in accordance with national law or practice;


### who have applied for admission or have been admitted to the territory of a member state as seasonal workers in accordance with directive 2014/36/eu or au pairs in accordance with directive (eu) 2016/801 ; ### deleted


### who are authorised to reside in a member state on the basis of temporary protection , or who have applied for authorisation to reside there on that basis and are awaiting a decision on their status; ### deleted


### who have applied for admission or have been admitted as seafarers for employment or work in any capacity on board of a ship registered in or sailing under the flag of a member state. ### deleted


### 3. member states may decide that chapter ii does not apply to third-country nationals who have been either authorised to work in the territory of a member state for a period not exceeding six months or who have been admitted to a member state for the purpose of study. ### 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.


### 1. an application to issue , amend or renew a single permit shall be submitted by way of a single application procedure. member states shall determine whether applications for a single permit are to be submitted by the third-country national or by the third-country national’s employer. member states may also decide to allow an application from either of the two. if the application is to be submitted by the third-country national , member states shall allow the application to be introduced both from a third country and in the territory of the member state in which the third-country national is legally present. ### 1. an application to issue , amend or renew a single permit shall be submitted by way of a single application procedure. member states shall determine whether applications for a single permit are to be submitted by the third-country national or by the third-country national’s employer. member states may also decide to allow an application from either of the two. if the application is to be submitted by the third-country national , member states shall allow the application to be introduced both from a third country and in the territory of the member state in which the third-country national is legally present. if the application is to be submitted by the employer , member state's authorities shall inform the third-country national about the status and outcomes of each stage of the application process.


### the competent authority shall adopt a decision on the complete application as soon as possible and in any event within four months of the date on which the application was lodged. ### the competent authority shall adopt a decision on the complete application as soon as possible and in any event within 90 days of the date on which the application was lodged. to meet this time limit , national authorities shall ensure the availability of sufficient human , material and it resources in the relevant services. where no decision is taken within the time limit provided for in this paragraph , any fee required by the member states 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.


### the time limit referred to in the first subparagraph shall cover checking the labour market situation and issuing the requisite visa referred to in article 4(3). the time limit may be extended in exceptional circumstances , linked to the complexity of the examination of the application. ### the time limit referred to in the first subparagraph shall cover checking the criteria and conditions for issuing the permit as required by national law and issuing the requisite visa referred to in article 4(3) , including liaising with other competent authorities.


### member states may indicate additional information related to the employment relationship of the third-country national (such as the name and address of the employer , place of work , type of work , working hours , remuneration) in paper format , or store such data in electronic format as referred to in article 4 of regulation (ec) no 1030/2002 and in point (a)20 of the annex thereto. ### member states shall indicate additional information related to the employment conditions and contract of the third-country national (such as the name and address of the employer , the habitual place of work , type of work , working hours , remuneration) in paper format , or store such data in electronic format as referred to in article 4 of regulation (ec) no 1030/2002 and in point (a)20 of the annex thereto. member states shall grant the third-country national access to this information and he or she shall be informed about any changes to this information.


### member states may indicate additional information related to the employment relationship of the third-country national (such as the name and address of the employer , place of work , type of work , working hours , remuneration) in paper format , or store such data in electronic format as referred to in article 4 of regulation (ec) no 1030/2002 and point (a)20 of the annex thereto. ### member states shall indicate additional information related to the employment conditions and contract of the third-country national (such as the name and address of the employer , the habitual place of work , type of work , working hours , remuneration) in paper format , or store such data in electronic format as referred to in article 4 of regulation (ec) no 1030/2002 and point (a)20 of the annex thereto.


### member states shall make easily accessible , and provide upon request: ### member states shall , in cooperation with the social partners , ensure that the third-country national is provided with the following information , in a language that he/she can understand:


### information on entry and residence conditions , including the rights , obligations and procedural safeguards of the third-country nationals and of their family members. ### information on entry and residence conditions , including the rights , obligations and procedural safeguards of the third-country nationals and of their family members , as well as on the applicable fees.


### member states may require applicants to pay fees , where appropriate , for processing applications in accordance with this directive. the level of such fees shall be proportionate and shall be based on the services actually provided for the processing of applications and the issuance of permits. ### member states may require applicants to pay fees , where appropriate , for processing applications to issue and renew single permits in accordance with this directive. the level of such fees shall be affordable and proportionate and shall be based on the services actually provided for the processing of applications and the issuance of permits and their renewals. where such fees or any other costs are paid by the third-country national , member states shall ensure that he or she is entitled to reimbursement from the employer. when such fees or costs are paid by the employers , they shall not be recoverable from the third-country national.


### 1. where a single permit has been issued , it shall authorise , during its period of validity , its holder at least to: ### 1. member states shall ensure that , where a single permit has been issued , it shall authorise , during its period of validity and once an application for renewal has been submitted , until the completion of renewal procedures , its holder at least to:


### be informed about the holder’s own rights linked to the permit conferred by this directive and/or by national law. ### provide to all single permit holders , in an accessible way in a language they can understand , information about the holder’s own rights , linked to the permit conferred by this directive by union and/or by national law. information provided shall include , at least:


### 2. within the period of validity referred to in paragraph 1 , member states shall allow a single permit holder to be employed by a different employer than the first employer with whom the permit holder concluded a contract of employment. ### 2. within the period of validity referred to in paragraph 1 , member states shall:


### within the period of validity referred to in paragraph 1 , member states may: ### with reference to paragraph 2 , member states shall require that a change of employer be subject to a check that the conditions comply with labour standards.


### require that a change of employer be communicated to the competent authorities in the member state concerned , in accordance with procedures laid down in national law , ### deleted


### require that a change of employer be subject to a check of the labour market situation. ### deleted


### the right of the single permit holder to pursue such a change of employer may be suspended for a maximum of 30 days while the member state concerned checks the labour market situation and verifies that the requirements laid down by union or national law are fulfilled. the member state concerned may oppose the change of employment within those 30 days. ### the single permit holder shall be able to pursue such a change of employer , continue working for their former employer , or enter the period of unemployment , while the member state concerned checks the compliance with labour standards and verifies that the requirements laid down by union or national law are fulfilled. if the requirements are not fulfilled the member state concerned may oppose the change of employment within a maximum of 30 days informing the third-country national accordingly from which date the period of unemployment referred to in the fourth sub-paragraph shall apply.


### 4. within the period of validity referred to in paragraph 1 , the single permit shall not be withdrawn during a period of at least three months in the event of unemployment of its holder. member states shall allow the third-country national to stay in their territory until the competent authorities have taken a decision in accordance with paragraph 3 , point (b) , as relevant , even if that period of at least three months expired. ### 4. the single permit shall not be withdrawn during a period of at least nine months in the event of unemployment of its holder. member states shall allow the third-country national to stay in their territory until the competent authorities have taken a decision in accordance with paragraph 3 , point (b) , as relevant , even if that period of at least nine months expired , in order to enable the third-country national to find alternative employment.


### 1. third-country workers as referred to in article 3(1) , points (b) and (c) shall enjoy equal treatment with nationals of the member state where they reside with regard to: ### 1. third-country workers as referred to in article 3(1) , points (b) and (c) shall enjoy equal treatment with nationals of the member state where they reside with regard to at least:


### working conditions , including pay and dismissal as well as health and safety at the workplace; ### terms of employment and decent working conditions , including remuneration and dismissal , working hours , overtime rates , annual and sick leave , leaves related to care and holidays , protection against discriminatory , illegitimate and disproportionate deductions from the remuneration , allowances or reimbursement of expenditure to cover travel , board and lodging expenses , as well as equality of treatment between men and women , and health and safety at the workplace , in accordance with directive (eu) 2019/1152 , directive 2008/104/ec , directive 89/391 eec , and directive on adequate minimum wages in the european union. the principle of equal pay for equal work shall apply , in line with article 157 of the treaty on the functioning of the european union;


### freedom of association and affiliation and membership of an organisation representing workers or employers or of any organisation whose members are engaged in a specific occupation , including the benefits conferred by such organisations , without prejudice to the national provisions on public policy and public security; ### the right to strike and take industrial action , freedom of association and affiliation and membership of an organisation representing workers or employers or of any organisation whose members are engaged in a specific occupation , including the benefits conferred by such organisations , including the right to negotiate and conclude collective agreements in compliance with the right to association , to organise and to collective bargaining as provided for in ilo conventions 87 and 98 , without prejudice to the national provisions on public policy and public security;


### access to goods and services and the supply of goods and services made available to the public including procedures for obtaining access to public and private housing as provided by national law , without prejudice to the freedom of contract in accordance with union and national law; ### access to goods and services and the supply of goods and services made available to the public including procedures for obtaining access to public and private housing as provided by national law , ensuring a decent standard of living , as well as freedom of choice of housing without any obligation or pressure to reside in employer-provided housing , without prejudice to the freedom of contract in accordance with union and national law. member states shall ensure that rent amounts are fair , housing conditions and rental contracts meet standards and regulations for private rental under national law , and prohibit deductions for travel , board and lodging from remuneration and rental contracts being part of the employment contract.


### by limiting the rights conferred on third-country workers under paragraph 1 , point (e) , but shall not restrict such rights for third-country workers who are in employment or who have been employed for a minimum period of six months and who are registered as unemployed. ### deleted


### under paragraph 1 , point (g) , by: ### deleted


### 1. member states shall provide for measures to prevent possible infringements by employers of national provisions adopted pursuant to article 12. preventive measures shall include monitoring , assessment and , where appropriate , inspections in accordance with national law or administrative practice. ### 1. member states shall , in cooperation with social partners , non-governmental and grassroots organisations provide for measures to prevent possible infringements by employers of national provisions adopted pursuant to article 12. preventive measures shall include monitoring , risk assessments and inspections , particularly in sectors with high risk of labour rights violations , in accordance with national law or administrative practice.


### 2. member states shall lay down the rules on penalties applicable to infringements by employers of national provisions adopted pursuant to article 12. the penalties provided for 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. ### 2. member states shall impose applicable to infringements by employers of national provisions adopted pursuant to article 12. in addition to regularizing due salaries and compensation to workers , social security and taxes , depending on the circumstances of the case , penalties shall include , among others , publicly registering infringements conducted by employers , administrative and financial penalties , such as fines or the payment of compensation , and suspension of the eligibility for employers to the single application procedure for issuing a single permit for third-country nationals as well as exemption for employers from public procurement procedures. the penalties provided for 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.


### 3. member states shall ensure that services in charge of inspection of labour or other competent authorities and , where provided for under national law in respect of national workers , organisations representing workers’ interests have access to the workplace. ### 3. member states shall , in cooperation with the social partners , ensure effective , proportionate and non-discriminatory controls and field inspections conducted by labour inspectorates , including routine and unannounced visits. member states shall develop the capability of enforcement authorities to proactively target and pursue non-compliant employers. member states shall ensure that services in charge of inspection of labour or other competent authorities and , where provided for under national law in respect of national workers , organisations representing workers’ , in particular trade unions , interests have access to the workplace , and , with the agreement of the worker , to their housing.


### 1. member states shall ensure that there are effective mechanisms through which third-country workers may lodge complaints against their employers: ### 1. member states shall ensure that there are timely and effective mechanisms through which third-country workers may lodge complaints against their employers:


### directly; or ### directly;


### 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; or ### 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


### 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 approval , in any judicial and/or administrative procedures aimed at enforcing compliance with this directive. ### 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 approval , in any judicial and/or administrative procedures aimed at enforcing compliance with the rights set out in this directive.


### 3. member states shall ensure that third-country workers have the same access as nationals of the member state where they reside with regard to: ### 3. member states shall ensure that third-country workers , including those whose employment relationship has ended , have the same access as nationals of the member state where they reside with regard to:


### measures protecting against dismissal or other adverse treatment by the employer as a reaction to a complaint within the undertaking; or to ### measures protecting against dismissal or protecting both third country workers and workers’ representatives , including those who are trade union members or representatives , from any other treatment and from any adverse consequences resulting from a complaint with by the employer or resulting from any proceedings initiated with the aim of enforcing compliance in the case of infringements of rights provided in this directive;


### any judicial and/or administrative procedure aimed at enforcing compliance with this directive. ### effective , timely and impartial complaints mechanisms , including dispute resolution , mediation , a right to redress , and any judicial and/or administrative procedure aimed at enforcing with the rights set out in this directive;


### a. whereas the social economy encompasses diverse types of private entities , independent of public authorities , as cooperatives , mutual benefit societies , associations (including charities) , foundations , social enterprises , and other legal forms , all characterised by different operating and organisational principles and features such as the primacy of people as well as social purpose over profit , the reinvestment of most profits/surpluses , and democratic or participatory governance; ### a. whereas the social economy encompasses diverse types of private entities , independent of public authorities , as cooperatives , mutual benefit societies , associations , foundations and other legal forms , depending on each eu member state; notes that this diversity of enterprises and organisations , which operate in all areas of activity , share a strong identity based on shared values and characteristics such as the primacy of inclusivity and the social purpose over capital , gender equality , local and regional responsibility , sensitivity for climate and environmental challenges , inclusion and democratic governance and the reinvestment , hence the limited distribution of profits and assets among members or shareholders , of most of the profits to achieve the sustainable development objectives of the enterprise or organisation , or in the collective and general interest;


### b. whereas the social economy has played an important role in mitigating and addressing the short- and long-term impacts of covid-19 on the eu’s social market , society and economy and has driven and contributed to social and economic resilience thanks to the long-term orientation of the european pillar business model and the nature of social rights and the targets and activities of the social economy12 ; ### b. whereas the social economy and social service providers have played an important role in mitigating and addressing the short- and long-term impacts of covid-19 on the eu’s fabric , society and economy and - in particular in the field of not-for-profit social , health and education/vocational training services - has driven and contributed to social and economic resilience thanks to the long-term orientation of the goals of the european social pillar and the social targets and activities of the social economy12 ;


### c. whereas social economy organisations have a long history in the majority of member states , most of which have adopted specific laws in this field , and have established themselves as crucial market players; ### c. whereas social economy entities have a long history in the majority of member states , most of which have adopted specific laws in this field , and have established themselves as crucial actors in the economy and the labour market and make up more than 10% of the business and economic fabric of the eu;