Brussels, 24/03/2011 (Agence Europe) - The path of the “single permit” has been an eventful one but on Thursday 24 March in Brussels MEPs finally adopted their position on the draft directive, which will allow workers from third countries to submit a single request for work and residency. Last December, this draft directive stalled, due to last-minute opposition from certain political groups.
Although the rapporteur, Véronique Mathieu (EPP), believed that she had managed to obtain an agreement with the liberals and democrats group (ALDE), the group finally decided to backtrack, following the submission of a number of amendments that would allow member states to request additional documentation on the single permit. These aspects have now been dealt with and the ALDE Group therefore gave its support on Thursday 24 April to the French MEP. Her report was adopted by 301 votes in favour, 216 against, with 81 abstentions.
According to this text, non-European workers (the decision on whether to take in people remains a national decision, as it does on the question of numbers) are expected to benefit from the same rights on working conditions as EU nationals (wages, health and safety in the workplace) and the proposal is expected to simplify administrative procedures for migrants who submit a request for living and working in a member state. According to the draft law, migrants will therefore be able to obtain a work and residency permit with a single administrative application.
However, despite expectations by the S&D and GUE/NGL groups (in particular), the proposal will not cover workers in multinational companies who work in one of the subsidiaries of their company in the EU (people transferred between companies) or seasonal workers. Other instruments will cover these categories. Posted workers will not be affected by this proposal either, explained MEPs but this is not expected to “prevent immigrants who live and work legally in a member state and who are posted to another member state, from continuing to benefit from equal treatment to that enjoyed by indigenous member state nationals for the duration of their posting”.
According to the report adopted, workers will, nonetheless, be able to benefit from tax benefits in the member state where they are living, as well as their family, if the family is based in the same member state. They will be able to receive their pension when they return to their country of origin on the same basis and rates as Union nationals.
A few limitations exist, however. Thus member states will be able to limit rights to social security access for immigrant workers. “Only migrants who are working or have been working for a minimum period of six months and who are registered as unemployed”, will have these rights. Member states will also have the right to decide whether third country nationals authorised to work in the territory of a member state for a minimum period of six months can benefit from family allowances. Member states will also be able to decide for themselves whether non-EU nationals who are working can have access to public services and facilities, such as social housing, explains the EP.
On Thursday, Mathieu welcomed the result of the vote as “a victory for the EPP and hope for the workers”. The GUE/NGL Group said that “the logic underpinning this project differentiates rights according to origins, which was the case with the Bolkestein directive”. The group said that this directive promoted different treatment between European and non-European workers, “on the basis of whether they are posted or seasonal workers, students or residents, and increases the competition between them, as well as their insecurity”.
The position of the EP will now have to be examined by the Council. Nonetheless, according to one source, certain member states might have a few difficulties with the fact that the reference to additional documentation was removed by the EPP, together with the addition of the “correspondence scoreboards”, a priority of the ALDE Group, which will enable the Commission to ensure the transposition of the legislation but which will not create much enthusiasm among member states. (S.P./transl.fl)