Member States will discuss the proposed directive on the single work and residence permit again on 6 March in the EU Council’s IMEX (Integration, Migration and Expulsion) group with a new draft compromise (see EUROPE 13104/2).
The Swedish Presidency of the Council of the EU has accompanied this with a note explaining the proposed changes, the main objective being to ensure that the revised ‘single permit’ directive provides “added value at European level while at the same time respecting that Member States have different national labour migration systems”.
The last text introduces references to national competences on penalties against employers not complying with the rules of the Directive. “Member States shall lay down the rules on penalties applicable to infringements by employers of national provisions adopted pursuant to the Directive”, the text proposes.
“To reinforce the equal treatment of third-country workers, Member States should provide for effective, proportionate and dissuasive penalties against employers in the event of infringements of national provisions adopted under this Directive”, the compromise also states.
“In the context of the protection of workers, similar national measures concerning monitoring, assessment, inspections, penalties and facilitation of complaints have already been adopted and are in force at national level” is further introduced by the compromise.
The Presidency also proposes that the directive should not apply to third country nationals who are posted workers in the EU. It explains this in its note.
The Commission’s proposal for revision introduced ambiguity by suggesting that the single permit could not be issued to third country workers posted to the EU by a Member State (1996 Directive), but could be issued to third country workers posted by third countries.
The Presidency believes that this would give fewer rights to workers posted by a Member State. It has therefore chosen to retain the provisions of the current Directive, i.e. that no posted workers are covered by the single permit scheme.
It also explains why the Commission’s proposal to bring internationally protected persons into the EU should not be included in the scope of the single permit scheme.
The note also explains the Presidency’s choices regarding the deadlines set by the Commission’s proposal for accepting visa applications for the single permit.
“From the discussions in IMEX and the information submitted by Member States, it is clear that a majority of Member States do not support the Commission’s proposal to include the possible issuing of a visa in the 4-month time limit”, the note says.
With regard to a situation of unemployment in which a holder of the single permit might find themselves, the note specifies that a single permit cannot be withdrawn “during a period of at least 2 months in the event of unemployment”, so that Member States may permit longer periods of unemployment.
If the possibility of being unemployed was extended, a limitation of the total duration of unemployment could be considered, the Presidency also writes.
In addition, the way in which single permit holders can support themselves during a period of unemployment will vary between Member States, depending on national policies on social security, unemployment benefits, etc.
Links to documents: https://aeur.eu/f/5id ; https://aeur.eu/f/5ie (Original version in French by Solenn Paulic)