CHAPTER IICONDITIONS OF ADMISSION
Article 9Withdrawal of the authorisation for the purpose of seasonal work
1.
Member States shall withdraw the authorisation for the purpose of seasonal work where:
(a)
the documents presented for the purpose of Articles 5 or 6 were fraudulently acquired, or falsified, or tampered with; or
(b)
the holder is staying for purposes other than those for which he or she was authorised to stay.
2.
Member States shall, if appropriate, withdraw the authorisation for the purpose of seasonal work where:
(a)
the employer has been sanctioned in accordance with national law for undeclared work and/or illegal employment;
(b)
the employer’s business is being or has been wound up under national insolvency laws or no economic activity is taking place; or
(c)
the employer has been sanctioned under Article 17.
3.
Member States may withdraw the authorisation for the purpose of seasonal work where:
(a)
Articles 5 or 6 are not or are no longer complied with;
(b)
the employer has failed to meet its legal obligations regarding social security, taxation, labour rights, working conditions or terms of employment, as provided for in applicable law and/or collective agreements;
(c)
the employer has not fulfilled its obligations under the work contract; or
(d)
within the 12 months immediately preceding the date of the application, the employer has abolished a full-time position in order to create the vacancy that the employer is trying to fill by use of this Directive.
4.
5.
Without prejudice to paragraph 1, any decision to withdraw the authorisation shall take account of the specific circumstances of the case, including the interests of the seasonal worker, and respect the principle of proportionality.
6.
Grounds for annulment or revocation of a short-stay visa are regulated in the relevant provisions of the Visa Code.