# CE2010016EN.01024001.xml

| 22.1.2010 | EN | Official Journal of the European Union | CE 16/240 |
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22.1.2010

EN

Official Journal of the European Union

CE 16/240

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Single application procedure for residence and work *

P6_TA(2008)0558

European Parliament legislative resolution of 20 November 2008 on the proposal for a Council directive on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State (COM(2007)0638 — C6-0470/2007 — 2007/0229(CNS))

(2010/C 16 E/42)

(Consultation procedure)

The European Parliament,

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2007)0638), |
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—

having regard to the Commission proposal to the Council (COM(2007)0638),

| — | having regard to Article 63(3)(a) of the EC Treaty, |
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—

having regard to Article 63(3)(a) of the EC Treaty,

| — | having regard to Article 67 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0470/2007), |
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—

having regard to Article 67 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0470/2007),

| — | having regard to Rule 51 of its Rules of Procedure, |
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—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Employment and Social Affairs (A6-0431/2008), |
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—

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Employment and Social Affairs (A6-0431/2008),

1.   Approves the Commission proposal as amended;

2.   Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

3.   Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

4.   Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

5.   Instructs its President to forward its position to the Council and the Commission.

| TEXT PROPOSED BY THE COMMISSION | AMENDMENTS |
| --- | --- |
| Amendment 2


  Proposal for a directive


  Recital 7a (new) |
| | (7a) | The period of validity of the single permit is to be determined by each Member State. |

TEXT PROPOSED BY THE COMMISSION

AMENDMENTS

Amendment 2

Amendment 2

Proposal for a directive

Proposal for a directive

Recital 7a (new)

Recital 7a (new)

(7a)

(7a)

The period of validity of the single permit is to be determined by each Member State.

Amendment 3

Amendment 3

Proposal for a directive

Proposal for a directive

Recital 10

Recital 10

| (10) | All third-country nationals who are lawfully residing and working in Member States should enjoy at least the same common set of rights in the form of equal treatment with the own nationals of their respective host Member State, irrespective of the initial purpose of or basis for admission. The right to equal treatment in the fields specified by this Directive should be granted not only to those third-country nationals who have been admitted to the territory of a Member State to work but also for those who have been admitted for other purposes and have been given access to the labour market of that Member State in accordance with other Community or national legislation including family members of a third-country worker who are admitted to the Member State in accordance with Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification, third-country nationals who are admitted to the territory of a Member State in accordance with Council Directive 2004/114/EC of 13 December 2004 on the conditions of admission of third country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service and researchers admitted in accordance with Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research. |
| --- | --- |

(10)

All third-country nationals who are lawfully residing and working in Member States should enjoy at least the same common set of rights in the form of equal treatment with the own nationals of their respective host Member State, irrespective of the initial purpose of or basis for admission. The right to equal treatment in the fields specified by this Directive should be granted not only to those third-country nationals who have been admitted to the territory of a Member State to work but also for those who have been admitted for other purposes and have been given access to the labour market of that Member State in accordance with other Community or national legislation including family members of a third-country worker who are admitted to the Member State in accordance with Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification, third-country nationals who are admitted to the territory of a Member State in accordance with Council Directive 2004/114/EC of 13 December 2004 on the conditions of admission of third country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service and researchers admitted in accordance with Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research.

| (10) | All third-country nationals who are lawfully residing and working in Member States should enjoy at least the same common set of rights
  related to work
  in the form of equal treatment with the own nationals of their respective host Member State, irrespective of the initial purpose of or basis for admission. The right to equal treatment in the fields specified by this Directive should be granted not only to those third-country nationals who have been admitted to the territory of a Member State to work but also for those who have been admitted for other purposes and have been given access to the labour market of that Member State in accordance with other Community or national legislation including family members of a third-country worker who are admitted to the Member State in accordance with Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification, third-country nationals who are admitted to the territory of a Member State in accordance with Council Directive 2004/114/EC of 13 December 2004 on the conditions of admission of third country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service and researchers admitted in accordance with Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research. |
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(10)

All third-country nationals who are lawfully residing and working in Member States should enjoy at least the same common set of rights
  related to work
  in the form of equal treatment with the own nationals of their respective host Member State, irrespective of the initial purpose of or basis for admission. The right to equal treatment in the fields specified by this Directive should be granted not only to those third-country nationals who have been admitted to the territory of a Member State to work but also for those who have been admitted for other purposes and have been given access to the labour market of that Member State in accordance with other Community or national legislation including family members of a third-country worker who are admitted to the Member State in accordance with Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification, third-country nationals who are admitted to the territory of a Member State in accordance with Council Directive 2004/114/EC of 13 December 2004 on the conditions of admission of third country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service and researchers admitted in accordance with Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research.

related to work

Amendment 4

Amendment 4

Proposal for a directive

Proposal for a directive

Recital 13

Recital 13

| (13) | Third-country nationals who have been admitted to the territory of a Member State
  for a period not exceeding 6 months in any twelve-month period
  to work on a seasonal basis should not be covered by the Directive given their temporary status. |
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(13)

Third-country nationals who have been admitted to the territory of a Member State
  for a period not exceeding 6 months in any twelve-month period
  to work on a seasonal basis should not be covered by the Directive given their temporary status.

for a period not exceeding 6 months in any twelve-month period

| (13) | Third-country nationals who have been admitted to the territory of a Member State to work on a seasonal basis should not be covered by the Directive given their temporary status
  and the fact that they will be governed by a specific directive
  . |
| --- | --- |

(13)

Third-country nationals who have been admitted to the territory of a Member State to work on a seasonal basis should not be covered by the Directive given their temporary status
  and the fact that they will be governed by a specific directive
  .

and the fact that they will be governed by a specific directive

Amendment 5

Amendment 5

Proposal for a directive

Proposal for a directive

Recital 13a (new)

Recital 13a (new)

| (13a) | Beneficiaries of temporary protection should be subject to this Directive as regards the common set of rights, as they are authorised to work legally within the territory of a Member State. |
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(13a)

(13a)

Beneficiaries of temporary protection should be subject to this Directive as regards the common set of rights, as they are authorised to work legally within the territory of a Member State.

Amendment 6

Amendment 6

Proposal for a directive

Proposal for a directive

Recital 18a (new)

Recital 18a (new)

| (18a) | This Directive should be implemented without prejudice to more favourable provisions contained in EU legislation and international instruments. |
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(18a)

(18a)

This Directive should be implemented without prejudice to more favourable provisions contained in EU legislation and international instruments.

Amendment 53

Amendment 53

Proposal for a directive

Proposal for a directive

Recital 18b (new)

Recital 18b (new)

| (18b) | Member States should ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, adopted by the General Assembly of the United Nations on 18 December 1990. |
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(18b)

(18b)

Member States should ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, adopted by the General Assembly of the United Nations on 18 December 1990.

Amendment 7

Amendment 7

Proposal for a directive

Proposal for a directive

Recital 19

Recital 19

| (19) | Member States should give effect to the provisions of this Directive without discrimination on the basis of sex, race, colour, ethnic or social origin, genetic characteristics, language, religion or beliefs, political or other opinions, membership of a national minority, fortune, birth, disabilities, age or sexual orientation in particular in accordance with Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation. |
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(19)

Member States should give effect to the provisions of this Directive without discrimination on the basis of sex, race, colour, ethnic or social origin, genetic characteristics, language, religion or beliefs, political or other opinions, membership of a national minority, fortune, birth, disabilities, age or sexual orientation in particular in accordance with Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation.

| (19) | Member States should give effect to the provisions of this Directive without discrimination on the basis of sex, race, colour, ethnic or social origin, genetic characteristics, language, religion or beliefs, political or other opinions, membership of a national minority, fortune, birth, disabilities, age or sexual orientation in particular in accordance with Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin and Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation,
  and in accordance with future legislation in this field, such as that to be brought in under the proposal for a Council directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation (COM(2008)0426)
  . |
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(19)

Member States should give effect to the provisions of this Directive without discrimination on the basis of sex, race, colour, ethnic or social origin, genetic characteristics, language, religion or beliefs, political or other opinions, membership of a national minority, fortune, birth, disabilities, age or sexual orientation in particular in accordance with Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin and Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation,
  and in accordance with future legislation in this field, such as that to be brought in under the proposal for a Council directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation (COM(2008)0426)
  .

and

and in accordance with future legislation in this field, such as that to be brought in under the proposal for a Council directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation (COM(2008)0426)

Amendment 8

Amendment 8

Proposal for a directive

Proposal for a directive

Article 1 — point a

Article 1 — point a

| (a) | a single application procedure for issuing a single permit for third country nationals to reside and work in the territory of a Member State, in order to simplify their admission and to facilitate the control of their status and; |
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(a)

(a)

a single application procedure for issuing a single permit for third country nationals to reside and work in the territory of a Member State, in order to simplify their admission and to facilitate the control of their status and;

| (a) | a single application procedure for issuing a single permit for third country nationals to reside and work in the territory of a Member State, in order to simplify
  the procedure for
  their admission and to facilitate the control of their status and; |
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(a)

(a)

a single application procedure for issuing a single permit for third country nationals to reside and work in the territory of a Member State, in order to simplify
  the procedure for
  their admission and to facilitate the control of their status and;

the procedure for

Amendment 9

Amendment 9

Proposal for a directive

Proposal for a directive

Article 1 — point b

Article 1 — point b

| (b) | a common set of rights to third country workers legally residing in a Member State. |
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(b)

(b)

a common set of rights to third country workers legally residing in a Member State.

| (b) | a common set of rights to third-country workers legally residing in a Member State,
  irrespective of the purposes for which they were initially admitted to the territory of a Member State
  . |
| --- | --- |

(b)

(b)

a common set of rights to third-country workers legally residing in a Member State,
  irrespective of the purposes for which they were initially admitted to the territory of a Member State
  .

irrespective of the purposes for which they were initially admitted to the territory of a Member State

Amendment 10

Amendment 10

Proposal for a directive

Proposal for a directive

Article 1 — paragraph 1a (new)

Article 1 — paragraph 1a (new)

This Directive shall not affect the competence of the Member States with respect to the admission of third-country nationals to their labour markets.

This Directive shall not affect the competence of the Member States with respect to the admission of third-country nationals to their labour markets.

Amendment 11

Amendment 11

Proposal for a directive

Proposal for a directive

Article 2 — point d

Article 2 — point d

| (d) | ‘single application procedure’ means any procedure leading,
  on the basis of one application for the authorisation of a third-country national's residence and work in the territory of a Member State, to a decision on the single permit for that third-country national
  . |
| --- | --- |

(d)

‘single application procedure’ means any procedure leading,
  on the basis of one application for the authorisation of a third-country national's residence and work in the territory of a Member State, to a decision on the single permit for that third-country national
  .

on the basis of one application for the authorisation of a third-country national's residence and work in the territory of a Member State, to a decision on the single permit for that third-country national

| (d) | ‘single application procedure’ means any procedure leading
  to a decision on the single permit authorising a third-country national to reside and work in the territory of a Member State, on the basis of an application by that third-country national or by his or her future employer
  ; |
| --- | --- |

(d)

‘single application procedure’ means any procedure leading
  to a decision on the single permit authorising a third-country national to reside and work in the territory of a Member State, on the basis of an application by that third-country national or by his or her future employer
  ;

to a decision on the single permit authorising a third-country national to reside and work in the territory of a Member State, on the basis of an application by that third-country national or by his or her future employer

Amendment 12

Amendment 12

Proposal for a directive

Proposal for a directive

Article 2, paragraph d a (new)

Article 2, paragraph d a (new)

| (da) | ‘frontier work’ means performing work in a Member State other than the Member State of residence when the work is performed by a frontier worker as referred to in Article 1(b) of Regulation (EEC) No 1408/71. |
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(da)

(da)

‘frontier work’ means performing work in a Member State other than the Member State of residence when the work is performed by a frontier worker as referred to in Article 1(b) of Regulation (EEC) No 1408/71.

Amendment 13

Amendment 13

Proposal for a directive

Proposal for a directive

Article 3 — paragraph 1 — point b

Article 3 — paragraph 1 — point b

| (b) | to third-country workers legally residing in a Member State. |
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(b)

to third-country workers legally residing in a Member State.

| (b) | to third-country workers legally residing in a Member State,
  irrespective of the purposes for which they were initially admitted to the territory of a Member State
  . |
| --- | --- |

(b)

to third-country workers legally residing in a Member State,
  irrespective of the purposes for which they were initially admitted to the territory of a Member State
  .

irrespective of the purposes for which they were initially admitted to the territory of a Member State

Amendment 14

Amendment 14

Proposal for a directive

Proposal for a directive

Article 3 — paragraph 2 — introductory part

Article 3 — paragraph 2 — introductory part

| 2. | This Directive
  shall not apply to third-country nationals: |
| --- | --- |

2.

This Directive
  shall not apply to third-country nationals:

This Directive

| 2. | The provisions of this Directive concerning the single application procedure for issuing a single permit authorising third-country nationals to live and work in the territory of a Member State
  shall not apply to third-country nationals: |
| --- | --- |

2.

The provisions of this Directive concerning the single application procedure for issuing a single permit authorising third-country nationals to live and work in the territory of a Member State
  shall not apply to third-country nationals:

The provisions of this Directive concerning the single application procedure for issuing a single permit authorising third-country nationals to live and work in the territory of a Member State

Amendment 15

Amendment 15

Proposal for a directive

Proposal for a directive

Article 3 — paragraph 2 — point d

Article 3 — paragraph 2 — point d

| (d) | who have been admitted to the territory of a Member State
  for a period not exceeding six months in any 12 month period
  to work on a seasonal basis; |
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(d)

who have been admitted to the territory of a Member State
  for a period not exceeding six months in any 12 month period
  to work on a seasonal basis;

for a period not exceeding six months in any 12 month period

| (d) | who have been admitted to the territory of a Member State to work on a seasonal basis; |
| --- | --- |

(d)

who have been admitted to the territory of a Member State to work on a seasonal basis;

Amendment 16

Amendment 16

Proposal for a directive

Proposal for a directive

Article 3 — paragraph 2 — point d a (new)

Article 3 — paragraph 2 — point d a (new)

| (da) | who have been admitted to the territory of a Member State in order to work there for a period not exceeding six months, solely so far as the field of the single application procedure is concerned; |
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(da)

(da)

who have been admitted to the territory of a Member State in order to work there for a period not exceeding six months, solely so far as the field of the single application procedure is concerned;

Amendment 17

Amendment 17

Proposal for a directive

Proposal for a directive

Article 3 — paragraph 2 — point f

Article 3 — paragraph 2 — point f

| (f) | staying in a Member State as applicants for international protection
  or under temporary protection schemes
  ; |
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(f)

staying in a Member State as applicants for international protection
  or under temporary protection schemes
  ;

or under temporary protection schemes

| (f) | staying in a Member State as applicants for international protection; |
| --- | --- |

(f)

staying in a Member State as applicants for international protection;

Amendment 18

Amendment 18

Proposal for a directive

Proposal for a directive

Article 4 — paragraph 1a (new)

Article 4 — paragraph 1a (new)

| 1a. | It shall be the responsibility of Member States to determine whether the application for a single permit must be submitted by the third-country national concerned, by his or her future employer or by either of them. |
| --- | --- |

1a.

1a.

It shall be the responsibility of Member States to determine whether the application for a single permit must be submitted by the third-country national concerned, by his or her future employer or by either of them.

Amendment 19

Amendment 19

Proposal for a directive

Proposal for a directive

Article 4 — paragraph 1b (new)

Article 4 — paragraph 1b (new)

| 1b. | Where an application for a single permit is submitted by the third-country national concerned, that application may be submitted and examined either when the third-country national is residing outside the territory of the Member State to which he or she wishes to be admitted or when he or she is already legally in the territory of the Member State concerned. |
| --- | --- |

1b.

1b.

Where an application for a single permit is submitted by the third-country national concerned, that application may be submitted and examined either when the third-country national is residing outside the territory of the Member State to which he or she wishes to be admitted or when he or she is already legally in the territory of the Member State concerned.

Amendment 20

Amendment 20

Proposal for a directive

Proposal for a directive

Article 5 — paragraph 2 — subparagraph 1a (new)

Article 5 — paragraph 2 — subparagraph 1a (new)

If the applicant's permit expires before a decision has been taken on its renewal, the Member State responsible for considering the application shall authorise the person concerned and, where applicable, his or her family, to stay legally in its territory until a decision is taken concerning the renewal of the single permit.

If the applicant's permit expires before a decision has been taken on its renewal, the Member State responsible for considering the application shall authorise the person concerned and, where applicable, his or her family, to stay legally in its territory until a decision is taken concerning the renewal of the single permit.

Amendment 21

Amendment 21

Proposal for a directive

Proposal for a directive

Article 5 — paragraph 4

Article 5 — paragraph 4

| 4. | If the information supporting the application is
  inadequate
  , the designated authority shall notify the applicant of the additional information that is required. The period referred to in paragraph 2 shall be suspended until the authorities have received the additional information required. |
| --- | --- |

4.

If the information supporting the application is
  inadequate
  , the designated authority shall notify the applicant of the additional information that is required. The period referred to in paragraph 2 shall be suspended until the authorities have received the additional information required.

inadequate

| 4. | If the information supporting the application is
  incomplete according to publicly specified criteria
  , the designated authority shall notify the applicant of the additional information that is required. The period referred to in paragraph 2 shall be suspended until the authorities have received the additional information required. |
| --- | --- |

4.

If the information supporting the application is
  incomplete according to publicly specified criteria
  , the designated authority shall notify the applicant of the additional information that is required. The period referred to in paragraph 2 shall be suspended until the authorities have received the additional information required.

incomplete according to publicly specified criteria

Amendment 22

Amendment 22

Proposal for a directive

Proposal for a directive

Article 5 — paragraph 4a (new)

Article 5 — paragraph 4a (new)

| 4a. | Where the time limit for adopting the decision referred to in paragraph 2 is suspended or extended, the applicant shall be duly informed by the competent authority. |
| --- | --- |

4a.

4a.

Where the time limit for adopting the decision referred to in paragraph 2 is suspended or extended, the applicant shall be duly informed by the competent authority.

Amendment 24

Amendment 24

Proposal for a directive

Proposal for a directive

Article 6, paragraph 2a (new)

Article 6, paragraph 2a (new)

| 2a. | A Member State may issue to the holder of a single permit issued by another Member State a permit enabling him to perform frontier work. Such a permit shall be issued pursuant to the national law of the Member State where the frontier work is performed. The period of validity of such a permit may not exceed that of the single permit. |
| --- | --- |

2a.

2a.

A Member State may issue to the holder of a single permit issued by another Member State a permit enabling him to perform frontier work. Such a permit shall be issued pursuant to the national law of the Member State where the frontier work is performed. The period of validity of such a permit may not exceed that of the single permit.

Amendment 25

Amendment 25

Proposal for a directive

Proposal for a directive

Article 8 — paragraph 1

Article 8 — paragraph 1

| 1. | Reasons shall be given in the written notification for a decision rejecting the application, not granting, not modifying or not renewing, suspending or withdrawing the single permit on the basis of criteria specified in national or community law. |
| --- | --- |

1.

Reasons shall be given in the written notification for a decision rejecting the application, not granting, not modifying or not renewing, suspending or withdrawing the single permit on the basis of criteria specified in national or community law.

| 1. | Objective and verifiable
  reasons shall be given in the written notification for a decision rejecting the application, not granting, not modifying or not renewing, suspending or withdrawing the single permit on the basis of criteria specified in national or community law.
  Those criteria shall be objective and open to the public, so that the decision can be verified
  . |
| --- | --- |

1.

Objective and verifiable
  reasons shall be given in the written notification for a decision rejecting the application, not granting, not modifying or not renewing, suspending or withdrawing the single permit on the basis of criteria specified in national or community law.
  Those criteria shall be objective and open to the public, so that the decision can be verified
  .

Objective and verifiable

Those criteria shall be objective and open to the public, so that the decision can be verified

Amendment 26

Amendment 26

Proposal for a directive

Proposal for a directive

Article 8 — paragraph 2

Article 8 — paragraph 2

| 2. | Any decision rejecting the application, not granting, modifying or renewing, suspending or withdrawing a single permit shall be open to challenge before the
  courts
  of the Member State concerned. The written notification shall specify the possible redress procedures available and the time-limit for taking action. |
| --- | --- |

2.

Any decision rejecting the application, not granting, modifying or renewing, suspending or withdrawing a single permit shall be open to challenge before the
  courts
  of the Member State concerned. The written notification shall specify the possible redress procedures available and the time-limit for taking action.

courts

| 2. | Any decision rejecting the application, not granting, modifying or renewing, suspending or withdrawing a single permit shall be open to challenge before the
  competent authority
  of the Member State concerned
  designated in accordance with national law
  . The written notification shall specify the possible redress procedures available,
  including the authority responsible
  and the time-limit for taking action.
  The challenge shall suspend the administrative decision until the final court decision is taken
  . |
| --- | --- |

2.

Any decision rejecting the application, not granting, modifying or renewing, suspending or withdrawing a single permit shall be open to challenge before the
  competent authority
  of the Member State concerned
  designated in accordance with national law
  . The written notification shall specify the possible redress procedures available,
  including the authority responsible
  and the time-limit for taking action.
  The challenge shall suspend the administrative decision until the final court decision is taken
  .

competent authority

designated in accordance with national law

including the authority responsible

The challenge shall suspend the administrative decision until the final court decision is taken

Amendment 27

Amendment 27

Proposal for a directive

Proposal for a directive

Article 9

Article 9

Member States shall take the necessary measures to inform the third-country national and the future employer on all the documentary evidence they need in order to complete the application.

The Member States shall ensure that regularly updated information concerning the conditions of third-country nationals' entry into and stay in their territory for the purpose of work is made available to the general public, including via their consulates. In particular
  , Member States shall take the necessary measures to inform the third-country national and the future employer on all the documentary evidence they need in order to complete the application,
  and of the total fees payable for the processing of their application
  .

The Member States shall ensure that regularly updated information concerning the conditions of third-country nationals' entry into and stay in their territory for the purpose of work is made available to the general public, including via their consulates. In particular

and of the total fees payable for the processing of their application

Amendment 28

Amendment 28

Proposal for a directive

Proposal for a directive

Article 10

Article 10

Member States may request applicants to pay fees for handling applications in accordance with this Directive. The level of fees must be proportionate and
  may be based on the principle of the service actually provided
  .

may be based on the principle of the service actually provided

Member States may request applicants to pay fees for handling applications in accordance with this Directive. The level of fees must be proportionate and
  reasonable and shall not exceed the actual costs incurred by the national administration. An overall maximum amount shall be fixed in national law, including, where appropriate, the costs of subcontracting incurred through the use of external firms to collect the documents necessary for compiling a file with a view to obtaining a permit
  .

reasonable and shall not exceed the actual costs incurred by the national administration. An overall maximum amount shall be fixed in national law, including, where appropriate, the costs of subcontracting incurred through the use of external firms to collect the documents necessary for compiling a file with a view to obtaining a permit

Amendment 29

Amendment 29

Proposal for a directive

Proposal for a directive

Article 11 — introductory part

Article 11 — introductory part

During the period of its validity, the single permit shall entitle its holder as a minimum to:

During the period of its validity,
  as determined by each Member State
  , the single permit shall entitle its holder as a minimum to:

as determined by each Member State

Amendment 30

Amendment 30

Proposal for a directive

Proposal for a directive

Article 11 — point c

Article 11 — point c

| (c) | have free access to the entire territory of the Member State issuing the single permit within the limits provided for by national legislation for reasons of security; |
| --- | --- |

(c)

have free access to the entire territory of the Member State issuing the single permit within the limits provided for by national legislation for reasons of security;

| (c) | have free access to the entire territory of the Member State issuing the single permit.
  Member States may impose territorial restrictions on exercise of the right of residence and the right to work
  within the limits provided for by national legislation for reasons of security
  where the same restrictions apply to their own nationals
  ; |
| --- | --- |

(c)

have free access to the entire territory of the Member State issuing the single permit.
  Member States may impose territorial restrictions on exercise of the right of residence and the right to work
  within the limits provided for by national legislation for reasons of security
  where the same restrictions apply to their own nationals
  ;

Member States may impose territorial restrictions on exercise of the right of residence and the right to work

where the same restrictions apply to their own nationals

Amendment 31

Amendment 31

Proposal for a directive

Proposal for a directive

Article 11a (new)

Article 11a (new)

Article 11a

Article 11a

Notification and information

Notification and information

The notification and information referred to in Articles 5, 8 and 9 shall be communicated in such a way that the applicant is able to understand their content and implications.

The notification and information referred to in Articles 5, 8 and 9 shall be communicated in such a way that the applicant is able to understand their content and implications.

Amendment 32

Amendment 32

Proposal for a directive

Proposal for a directive

Article 12 — paragraph 1 — point a

Article 12 — paragraph 1 — point a

| (a) | working conditions, including pay and dismissal as well as health and safety at the workplace; |
| --- | --- |

(a)

working conditions, including pay and dismissal as well as health and safety at the workplace;

| (a) | working conditions, including pay,
  holidays, working time
  and dismissal as well as health and safety at the workplace; |
| --- | --- |

(a)

working conditions, including pay,
  holidays, working time
  and dismissal as well as health and safety at the workplace;

holidays, working time

Amendment 33

Amendment 33

Proposal for a directive

Proposal for a directive

Article 12 — paragraph 1 — point b

Article 12 — paragraph 1 — point b

| (b) | freedom of association and affiliation and membership of an organization representing workers or employers or of any organization whose members are engaged in a specific occupation, including the benefits conferred by such organizations, without prejudice to the national provisions on public policy and public security; |
| --- | --- |

(b)

freedom of association and affiliation and membership of an organization representing workers or employers or of any organization whose members are engaged in a specific occupation, including the benefits conferred by such organizations, without prejudice to the national provisions on public policy and public security;

organization

organization

organizations

| (b) | 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, such as information and support
  , without prejudice to the national provisions on public policy and public security; |
| --- | --- |

(b)

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, such as information and support
  , without prejudice to the national provisions on public policy and public security;

organisation

organisation

organisations, such as information and support

Amendment 34

Amendment 34

Proposal for a directive

Proposal for a directive

Article 12 — paragraph 1 — point c

Article 12 — paragraph 1 — point c

| (c) | education and vocational training; |
| --- | --- |

(c)

education and vocational training;

| (c) | education
  in the broad sense of the term (language learning and cultural familiarisation with a view to improving integration)
  and vocational training; |
| --- | --- |

(c)

education
  in the broad sense of the term (language learning and cultural familiarisation with a view to improving integration)
  and vocational training;

in the broad sense of the term (language learning and cultural familiarisation with a view to improving integration)

Amendment 35

Amendment 35

Proposal for a directive

Proposal for a directive

Article 12 — paragraph 1 — point d

Article 12 — paragraph 1 — point d

| (d) | recognition of diplomas, certificates and other professional qualifications in accordance with the relevant national procedures; |
| --- | --- |

(d)

recognition of diplomas, certificates and other professional qualifications in accordance with the relevant national procedures;

| (d) | recognition of diplomas, certificates and other professional qualifications in accordance with the relevant national procedures
  applicable pursuant to Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications

   (1) |
| --- | --- |

(d)

recognition of diplomas, certificates and other professional qualifications in accordance with the relevant national procedures
  applicable pursuant to Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications

   (1)

applicable pursuant to Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications

1

Amendment 36

Amendment 36

Proposal for a directive

Proposal for a directive

Article 12 — paragraph 1 — point f

Article 12 — paragraph 1 — point f

| (f) | payment
  of
  acquired
  pensions
  when moving to a third country
  ; |
| --- | --- |

(f)

payment
  of
  acquired
  pensions
  when moving to a third country
  ;

payment

acquired

when moving to a third country

| (f) | portability
  of pensions
  or annuities in respect of old age, death, or invalidity at the rate applied by virtue of the law of the debtor Member State or States when moving to a third country
  ; |
| --- | --- |

(f)

portability
  of pensions
  or annuities in respect of old age, death, or invalidity at the rate applied by virtue of the law of the debtor Member State or States when moving to a third country
  ;

portability

or annuities in respect of old age, death, or invalidity at the rate applied by virtue of the law of the debtor Member State or States when moving to a third country

Amendment 37

Amendment 37

Proposal for a directive

Proposal for a directive

Article 12 — paragraph 1 — point g

Article 12 — paragraph 1 — point g

| (g) | tax benefits; |
| --- | --- |

(g)

tax benefits;

| (g) | tax benefits,
  provided that the worker is considered to be resident for tax purposes in the Member State concerned
  ; |
| --- | --- |

(g)

tax benefits,
  provided that the worker is considered to be resident for tax purposes in the Member State concerned
  ;

provided that the worker is considered to be resident for tax purposes in the Member State concerned

Amendment 38

Amendment 38

Proposal for a directive

Proposal for a directive

Article 12 — paragraph 1 — point h a (new)

Article 12 — paragraph 1 — point h a (new)

| (ha) | information and advisory services offered by employment agencies; |
| --- | --- |

(ha)

(ha)

information and advisory services offered by employment agencies;

Amendment 39

Amendment 39

Proposal for a directive

Proposal for a directive

Article 12 — paragraph 2 — introductory part

Article 12 — paragraph 2 — introductory part

| 2. | Member States may restrict equal treatment with nationals: |
| --- | --- |

2.

Member States may restrict equal treatment with nationals:

| 2. | Member States may restrict equal treatment with nationals
  only in the following cases
  : |
| --- | --- |

2.

Member States may restrict equal treatment with nationals
  only in the following cases
  :

only in the following cases

Amendment 42

Amendment 42

Proposal for a directive

Proposal for a directive

Article 12 — paragraph 2 — point c

Article 12 — paragraph 2 — point c

| (c) | by restricting the rights conferred under paragraphs 1(h) in respect to
  public
  housing
  to cases where the third-country national has been staying or who has the right to stay in its territory for at least three years
  ; |
| --- | --- |

(c)

by restricting the rights conferred under paragraphs 1(h) in respect to
  public
  housing
  to cases where the third-country national has been staying or who has the right to stay in its territory for at least three years
  ;

public

to cases where the third-country national has been staying or who has the right to stay in its territory for at least three years

| (c) | by restricting the rights conferred under paragraphs 1(h) in respect to housing; |
| --- | --- |

(c)

by restricting the rights conferred under paragraphs 1(h) in respect to housing;

Amendment 43

Amendment 43

Proposal for a directive

Proposal for a directive

Article 12 — paragraph 2 — point d

Article 12 — paragraph 2 — point d

| (d) | by restricting the rights conferred under paragraphs 1(a), (b) and (g) to those third-country workers who are in employment; |
| --- | --- |

(d)

(d)

by restricting the rights conferred under paragraphs 1(a), (b) and (g) to those third-country workers who are in employment;

deleted

deleted

Amendment 44

Amendment 44

Proposal for a directive

Proposal for a directive

Article 12 — paragraph 2 — point e

Article 12 — paragraph 2 — point e

| (e) | by restricting the rights conferred under paragraphs 1(e) to third-country workers who are in employment except for unemployment benefits. |
| --- | --- |

(e)

(e)

by restricting the rights conferred under paragraphs 1(e) to third-country workers who are in employment except for unemployment benefits.

deleted

deleted

Amendment 45

Amendment 45

Proposal for a directive

Proposal for a directive

Article 12 — paragraph 2a (new)

Article 12 — paragraph 2a (new)

| 2a. | Member States shall take the necessary measures to ensure that any violation of the rights enshrined in this Directive is subject to effective, proportionate and deterrent penalties. |
| --- | --- |

2a.

2a.

Member States shall take the necessary measures to ensure that any violation of the rights enshrined in this Directive is subject to effective, proportionate and deterrent penalties.

Amendment 47

Amendment 47

Proposal for a directive

Proposal for a directive

Article 14

Article 14

Article 14

Article 14

Each Member State shall ensure that a regularly updated set of information, concerning the conditions of third-country nationals' entry into and stay in its territory for the purpose of work, is made available to the general public.

Each Member State shall ensure that a regularly updated set of information, concerning the conditions of third-country nationals' entry into and stay in its territory for the purpose of work, is made available to the general public.

deleted

deleted

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(1)  

  OJ L 255, 30.9.2005, p. 22.

1

OJ L 255, 30.9.2005, p. 22.

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