34 Amendments of Moritz KÖRNER related to 2022/0131(COD)
Amendment 99 #
Proposal for a directive
Recital 4
Recital 4
(4) A set of rules governing the procedure for examination of the application for a single permit should be laid down. That procedure should be 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. Member States should also make sure that the application procedure itself is as harmonised and coordinated as possible.
Amendment 104 #
Proposal for a directive
Recital 6
Recital 6
(6) This Directive should cover employment relationships between third- country workers andor third country nationals undergoing an apprenticeship and the 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.
Amendment 107 #
Proposal for a directive
Recital 11
Recital 11
(11) The obligation on the Member States to determine whetherMember States should allow the application is to be submitted by a third- country national or by his or her employer should be without prejudice to any arrangements requiring both to be involved in the procedureprospective employer on his or her behalf. The Member States should allow the application for a single permit to be submitted both in the Member State of destination and from a third country.
Amendment 109 #
Proposal for a directive
Recital 12
Recital 12
(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 month90 days set out to adopt a decision on the Single Permit .
Amendment 111 #
Proposal for a directive
Recital 13
Recital 13
(13) The deadline for adopting a decision on the application should include both the cover the entimre required for issuing a visa where needed, and the time required to comply with the checks of the labour market situprocedure, including checks of the labour market situations. If the Member States decide to do such checks, the procedure should cover the recognition of regulated professional qualifications or other qualifications.
Amendment 114 #
Proposal for a directive
Recital 14
Recital 14
(14) To this end, Member States should only carry out one substantial check of the documentation submitted by the applicant for the issuing of both a single permit and the requisite visa in order to avoid duplication of work and prolonging the procedures. Furthermore, Member States should require applicants to submit the relevant documentation only once. Documents can be submitted in electronic or in paper format. The application can be made in the language of the Member State, or in the English language if the employer agrees.
Amendment 117 #
Proposal for a directive
Recital 16
Recital 16
Amendment 123 #
Proposal for a directive
Recital 20
Recital 20
(20) The conditions and criteria on the basis of which an application to issue, amend or renew a single permit can be rejected, or on the basis of which the single permit can be withdrawn, should be objective, proportionate and should be laid down in national law including the obligation to respect the principle of Union preference as expressed in particular in the relevant provisions of the 2003 and 2005 Acts of Accession. Rejection and withdrawal decisions should be duly reasoned and communicated in writing to the third country national concerned or to the employer filing on his/her behalf.
Amendment 128 #
Proposal for a directive
Recital 26
Recital 26
(26) A Member State should recognise occupational, regulated and unregulated professional qualifications acquired by a third-country national in another Member State in the same way as those of citizens of the Union and should take into account qualifications acquired in a third country in accordance with Directive 2005/36/EC of the European Parliament and of the Council47 . The right to equal treatment accorded to third-country workers as regards recognition of diplomas, certificates and other professional qualifications in accordance with the relevant national procedures should be without prejudice to the competence of Member States to admit such third-country workers to their labour market. _________________ 47 Directive 2005/36/EC on the recognition of professional qualifications (OJ L 255, 30.9.2005, p. 22).
Amendment 142 #
Proposal for a directive
Recital 34
Recital 34
(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 anfor an unlimited amount of times, including in different Member States, during the period of its validity or until an application for a renewal has been communicated to ctheck the labour market situation where a change of employer takes placeird country national concerned. Member States may 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. The single permit should not be withdrawn during a period of at least threnine months in the event of the unemployment of its holder. Loss of employment shall not result in the automatic withdrawal of residency or work permit.
Amendment 148 #
Proposal for a directive
Article 3 – paragraph 1 – point c a (new)
Article 3 – paragraph 1 – point c a (new)
(c a) third country nationals who apply to reside in a Member State for the purpose of optaining an apprenticeship
Amendment 162 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. An application to issue, amend or renew a single permit shall be submitted by way of a harmonized single application procedure. Member States shall determine whether applicationsallow 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 twoprospective employer. 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.
Amendment 164 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Provided that the requirements laid down by Union or national law are fulfilled and where a Member State issues single permits only on its territory, the Member State concerned shall issue the third country national with the requisite visa in a maximum period of 6 weeks.
Amendment 175 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
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, if the Member States decide to do such checks, the recognition of regulated professions, and issuing the requisite visa referred to in Article 4(3).
Amendment 178 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. If the information or documents in support of the application are incomplete according to the criteria specified in national law, the competent authority shall notify the applicant in writing of the additional information or documents required, setting a reasonable deadline to provide them. The time limit referred to in paragraph 2 shall be suspended until the competent authority or other relevant authorities have received the additional information required. If the additional information or documents is not provided within the deadline set, the competent authority may reject the applicationThird country nationals or employers filing the single permit may submit additional information or documents required in an electronic format and in the English language, if agreed by the employer.
Amendment 181 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Member States shall issue a single permit using the uniform format as laid down in Regulation (EC) No 1030/2002 and shall indicate the information relating to the permission to work in accordance with points (a)12 and 16 of the Annex thereto. The permit shall have a minimum period of validity equivalent to the duration of the employment contract or of two years, if the employment contract is shorter.
Amendment 189 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 194 #
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
Member States shall make easily accessible, and provide free of charge upon request:
Amendment 198 #
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) adequate information to the third- country national and the futurprospective employer on all the documentary evidence needed for an application as well as the applicable fees;
Amendment 201 #
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) 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 information on mechanisms for filing complaints and seeking legal redress.
Amendment 208 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States may require applicants to paythe payment of fees, where appropriate, for processing applications in accordance with this Directive. The level of such fees shall be proportionate, not excessive, and shall be based on the services actually provided for the processing of applications and the issuance of permits. Where the fee for the application is paid for by the employer, the employer shall not be entitled to recover the fee from the third country national afterwards.
Amendment 212 #
Proposal for a directive
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) to enter, re-enter and reside in the territory of the Member State issuing the single permit, provided that the holder meets all admission requirements in accordance with national law;
Amendment 214 #
Proposal for a directive
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
(b) have free access to the entire territory of the Member State issuing the single permitEuropean Union within the limits provided for by national law;
Amendment 221 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
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 employers than the first employer with whom the permit holder concluded a contract of employment, including in different Member States.
Amendment 224 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – introductory part
Article 11 – paragraph 3 – subparagraph 1 – introductory part
Within the period of validity referred to in paragraph 1, Member States may 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:
Amendment 225 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point a
Article 11 – paragraph 3 – subparagraph 1 – point a
Amendment 229 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point b
Article 11 – paragraph 3 – subparagraph 1 – point b
Amendment 235 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2
Article 11 – paragraph 3 – subparagraph 2
The right of the single permit holder to pursue such a change of employer mayshall not be suspended for a maximum of 30 dayin cases whilere 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 of the single permit holder changing employer, if the Member State considers that there is a risk of labour exploitation.
Amendment 241 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Within the period of validity referred to in paragraph 1, the single permit shall not be withdrawn during a period of at least threnine 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 threnine months expired.
Amendment 242 #
Proposal for a directive
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) working conditions, including payremuneration, working time, leave entitlements and dismissal as well as health and safety at the workplace;
Amendment 243 #
Proposal for a directive
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) education and trainingincluding where applicable occupational training entitlements;
Amendment 244 #
Proposal for a directive
Article 12 – paragraph 1 – point d
Article 12 – paragraph 1 – point d
(d) recognition of diplomas, certificates and other occupational and professional qualifications in accordance with the relevant national procedures;
Amendment 257 #
(b) through third parties which have, in accordance with the criteria laid down by their national law, practices or applicable collective agreements a legitimate interest in ensuring compliance with this Directive; or
Amendment 258 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Member States shall ensure that third parties referred to in paragraph 1, point (b) may engage either on behalf of or in support of a third-country worker, with his or her approval, in any judicial and/or administrative procedures aimed at enforcing compliance with this Directive, depending on what national law provides for.