July 2010

 

Initial Commission Proposal

LIBE and EMPL amendments

Council text

(doc. 6492/10 MIGR 22 SOC 114 CODEC 114)

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

 

Proposal for a DIRECTIVE of the European Parliament and of the Council 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

THE COUNCIL OF THE EUROPEAN UNION,

 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 63(3)(a) thereof,

 

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 79(2)(a-b) thereof,

Having regard to the proposal from the Commission,

 

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

 

deleted

Having regard to the opinion of the European Economic and Social Committee,

 

Having regard to the opinion of the European Economic and Social Committee,

Having regard to the opinion of the Committee of the Regions,

 

Having regard to the opinion of the Committee of the Regions,

 

 

Acting in accordance with the ordinary legislative procedure,

Whereas:

 

Whereas:

(1) For the gradual establishment of an area of freedom, security and justice, the Treaty provides for measures to be adopted in the fields of asylum, immigration and protection of the rights of third-country nationals.

 

(1) For the gradual establishment of an area of freedom, security and justice, the Treaty provides for measures to be adopted in the fields of asylum, immigration and protection of the rights of third-country nationals.

(2) The European Council, at its special meeting in Tampere on 15 and 16 October 1999, acknowledged the need for harmonisation of national legislation governing the conditions for admission and residence of third-country nationals. In this context, it stated in particular that the European Union should ensure fair treatment of third-country nationals residing lawfully on the territory of the Member States and that a more vigorous integration policy should aim to grant them rights and obligations comparable to those of citizens of the European Union. The European Council accordingly asked the Council to rapidly adopt the legal instruments on the basis of Commission proposals. The need for achieving the objectives defined at Tampere was reaffirmed by the Hague Program of 4 and 5 November 2004.

2) The European Council, at its special meeting in Tampere on 15 and 16 October 1999, acknowledged the need for harmonisation of national legislation governing the conditions for admission and residence of third-country nationals. In this context, it stated in particular that the European Union should ensure fair treatment of third-country nationals residing lawfully on the territory of the Member States and that a more vigorous integration policy should aim to grant them rights and obligations comparable to those of citizens of the European Union. The European Council accordingly asked the Council to rapidly adopt the legal instruments on the basis of Commission proposals. The need for achieving the objectives defined at Tampere was reaffirmed by the Stockholm Programme of 10 and 11 December 2009. (LIBE amendment 1)

 

(2) The European Council, at its special meeting in Tampere on 15 and 16 October 1999, acknowledged the need for harmonisation of national legislation governing the conditions for admission and residence of third-country nationals. In this context, it stated in particular that the European Union should ensure fair treatment of third-country nationals residing lawfully on the territory of the Member States and that a more vigorous integration policy should aim to impose on them obligations comparable to those of citizens of the European Union. The European Council accordingly asked the Council to rapidly adopt the legal instruments on the basis of Commission proposals. The need for achieving the objectives defined at Tampere was reaffirmed by the Hague Programme of 4 and 5 November 2004. (LIBE amendment 65)

The European Council, at its special meeting in Tampere on 15 and 16 October 1999, acknowledged the need for harmonisation of national law governing the conditions for admission and residence of third-country nationals. In this context, it stated in particular that the European Union should ensure fair treatment of third-country nationals residing lawfully on the territory of the Member States and that a more vigorous integration policy should aim to grant them rights and obligations comparable to those of citizens of the European Union. The European Council accordingly asked the Council to rapidly adopt the legal instruments on the basis of Commission proposals. The need for achieving the objectives defined at Tampere was reaffirmed by the Stockholm Programme of 10 and 11 December 2009.

(3) In an increasingly global labour market, the EU should enhance its appeal to attract third-country workers. This should be facilitated by administrative simplification and by facilitating access to relevant information. Provisions for a single application procedure leading to one combined title encompassing both residence and work permit within one administrative act should contribute to simplifying and harmonizing the diverging rules currently applicable in Member States. Such procedural simplification has already been introduced by the majority of Member States and has made for a more efficient procedure both for the migrants and for their employers, and allowed easier controls of the lawfulness of their residence and employment.

(3) Provisions for a single application procedure leading to one combined title encompassing both residence and work permit within one administrative act should contribute to simplifying and harmonizing the rules currently applicable in Member States. Such procedural simplification has already been introduced by several Member States and has made for a more efficient procedure both for the migrants and for their employers, and allowed easier controls of the lawfulness of their residence and employment. (LIBE amendment 2)

 

(3) deleted (LIBE amendment 66)

 

(3) To the extent that applications to reside and work in the territory of a Member State are concomitant, provisions for a single application procedure leading to one combined title encompassing both residence and work permit within one administrative act should contribute to simplifying and harmonizing the diverging rules currently applicable in Member States. Such procedural simplification has already been introduced by the majority of Member States and has made for a more efficient procedure both for the migrants and for their employers, and allowed easier controls of the lawfulness of their residence and employment. (LIBE amendment 67)

(3) […] Provisions for a single application procedure leading to one combined title encompassing both residence and work permit within one administrative act should contribute to simplifying and more harmonizing the rules currently applicable in Member States. Such procedural simplification has already been introduced in several Member States and has made for a more efficient procedure both for the migrants and for their employers, and allowed easier controls of the lawfulness of their residence and employment.

(4) In order to allow initial entry into their territory, Member States should be able to issue, in a timely manner, a single permit or, if they issue such permits exclusively on their territory, a visa.

 

(4) In order to allow initial entry into their territory, Member States should be able to issue, in a timely manner, a single permit or, if they issue such permits exclusively on their territory, a visa.

(5) A set of rules governing the procedure for examination of the application for a single permit should be laid down. Those procedures 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.

 

(5) A set of rules governing the procedure for examination of the application for a single permit should be laid down. Those procedures 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.

(6) The conditions and criteria on the basis of which an application for a single permit can be rejected is laid down in national law including the obligation to respect the principle of Community preference as expressed in particular in the relevant provisions of the Acts of Accession of 16 April 2003 and 25 April 2005.

(6) The conditions and criteria on the basis of which an application for a single permit can be rejected should be transparent, objective, verifiable and laid down in national law. (LIBE amendment 68)

 

(6) The conditions and criteria on the basis of which an application for a single permit can be rejected should be objective, verifiable and laid down in national law including the obligation to respect the principle of Community preference as expressed in particular in the relevant provisions of the Acts of Accession of 16 April 2003 and 25 April 2005. (LIBE amendment 69)

 

(6) The conditions and criteria on the basis of which an application for a single permit can be rejected should be objective, verifiable and laid down in national law including the obligation to respect the principle of Community preference as expressed in particular in the relevant provisions of the Acts of Accession of 16 April 2003 and 25 April 2005. (LIBE amendment 70)

(6) The conditions and criteria on the basis of which an application for a single permit can be rejected is laid down in national law including the obligation to respect the principle of Community preference as expressed in particular in the relevant provisions of the Acts of Accession of 16 April 2003 and 25 April 2005.

(7) The single permit should take the harmonized format of the residence permit in accordance with Regulation (EC) No 1030/2002, laying down a uniform format for residence permits for third-country nationals[1], enabling the Member States to enter information, in particular as to whether or not the person is permitted to work. Member States should indicate – also for the purpose of better control of migration not only in the single permit but also in all the issued residence permits the information relating to the permission to work irrespective of the type of the permit or the residence title on the basis of which the third country national has been admitted to the territory of a Member State and has been given access to the labour market of that Member State.

(7) The single permit should take the harmonized format of the residence permit in accordance with Regulation (EC) No 1030/2002, laying down a uniform format for residence permits for third-country nationals, enabling the Member States to enter further information. (LIBE amendment 71)

 

 

 

(7) The single permit should take the harmonized format of the residence permit in accordance with Regulation (EC) No 1030/2002, laying down a uniform format for residence permits for third-country nationals, enabling the Member States to enter information, in particular as to whether or not the person is permitted to work. Member States should indicate – also for the purpose of better control of migration – not only in the single permit but also in all the issued residence permits, the information relating to the permission to work irrespective of the type of the permit or the residence title on the basis of which the third country national has been admitted to the territory of a Member State and has been given access to the labour market of that Member State.

 

(7a) The period of validity of the single permit should be determined by each Member State. (LIBE amendment 3)

 

 

(7b) The provisions in this Directive on the single permit and on the residence permit issued for purposes other than work do not prevent Member States from issuing additional documents, in particular to give more precise information on the right to work. Such documents should nevertheless be optional for Member States and if issued, only informative in nature, and they should not serve as a substitute for a work permit thereby compromising the concept of the single permit. (LIBE amendment 4, REVISED)

(7a) The provisions in this Directive on the single permit and on the residence permit issued for purposes other than work do not prevent Member States from issuing additional documents, in particular to give more precise information on the right to work.

 

(7c) Member States determine whether applications for a single permit are to be made by the third-country national or by his employer. In order to ensure that an application can always be lodged by either the third-country national or by the employer, in cases where the application for a single permit cannot be made from a third country, the Member States should permit the employer to make the application in the Member State of destination.

(LIBE amendment 5)

(7b) The obligation of the Member States to determine whether the application is made by a third-country national or by his employer is without prejudice to any arrangements requiring both to be involved in the procedure.

 

(7d) The provisions in this Directive on residence permits for purposes other than work should concern only the format of such permits and should be without prejudice to national or other Union rules on admission procedures and on procedures for issuing such permits. (LIBE amendment 6)

(7c) The provisions in this Directive on residence permits for purposes other than work only concern the format of such permits and are without prejudice to national and/or other Union rules on admission procedures and on procedures for issuing such permits.

 

(7e) The provisions in this Directive on the single application procedure and on the single permit should not concern uniform and long-stay visas. (LIBE amendment 7)

(7d) The provisions in this Directive on the single application procedure and on the single permit do not concern uniform and long-stay visas.

 

(7f) The deadline for adopting a decision on the application should not include the time required for the recognition of professional qualifications nor the time required for issuing a visa. This Directive should be without prejudice to national procedures on the recognition of diplomas. (LIBE amendment 8)

(7e) The deadline for adopting a decision on the application should not include the time required for the recognition of professional qualifications nor the time required for issuing a visa. This Directive is without prejudice to the national procedures on the recognition of diplomas.

 

(7g) The designation of the competent authority under this Directive should be without prejudice to the role and responsibilities of other authorities and, where applicable, the social partners, with regard to the examination of, and the decision on, the application. (LIBE amendment 9)

(7f) The designation of the competent authority under this Directive is without prejudice to the role and responsibilities of other authorities and, where applicable, the social partners, with regard to the examination of and the decision on the application.

 

(7h) The provisions of this Directive should be without prejudice to the competence of the Member States to regulate the admission of third-country nationals for the purpose of employment, including the number of those nationals. (LIBE amendment 10)

(7g) The provisions of this Directive are without prejudice to the competence of the Member States to regulate the admission, including volumes of admission for third-country nationals for the purpose of employment. This Directive does not affect the competence of the Member States with respect to the admission of third-country nationals to their labour markets.

(8) Third-country nationals who are in possession of a valid travel document and a single permit issued by a Member State applying the Schengen acquis in full, should be allowed to enter into and move freely within the territory of the Member States applying the Schengen acquis in full, for a period up to three months in accordance with Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code)[2] and Article 21 of the The Schengen acquis - Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (Schengen Implementing Convention)[3].

 

(8) Third-country nationals who are in possession of a valid travel document and a single permit issued by a Member State applying the Schengen acquis in full, should be allowed to enter into and move freely within the territory of the Member States applying the Schengen acquis in full, for a period up to three months in accordance with Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) and Article 21 of the Schengen acquis – Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (Schengen Implementing Convention).

(9) In the absence of horizontal community legislation, the rights of third-country nationals vary, depending on the Member State in which they work and on their nationality. They do not have the same rights as nationals of the Member State, or other EU citizens. With a view to pursue a further development of a coherent immigration policy, to lower the rights gap between EU citizens and third-country nationals legally working and complementing the existing immigration acquis a set of rights should be laid down in particular in the form of specifying the policy fields where equal treatment with own nationals is provided for third-country workers legally admitted in a Member States but not yet long-term residents. Such provisions are intended to establish a level playing field within the EU, to recognize that such third-country nationals legally working in a Member States contribute to the European economy through their work and tax payments and to serve as a safeguard to reduce unfair competition between own nationals and third-country nationals resulting from possible exploitation of the latter.

(9) In the absence of horizontal Union legislation, the rights of third-country nationals vary, depending on the Member State in which they work and on their nationality. They do not have the same rights as nationals of the Member State, or other EU citizens. With a view to pursuing further development of a coherent immigration policy, narrowing the rights gap between EU citizens and third-country nationals legally working and complementing the existing immigration acquis a set of socio-economic and labour-law rights should be laid down in particular in the form of specifying the policy fields where equal treatment with own nationals is provided for third-country workers legally admitted in a Member State but not yet long-term residents. Such provisions are intended to introduce a minimum level of fairness within the EU, to recognise that such third-country nationals legally working in Member States contribute to the European economy through their work and tax payments and to serve as a safeguard to reduce unfair competition between own nationals and third-country nationals resulting from possible exploitation of the latter. Without prejudice to the interpretation of the concept of employment relationship in other Union legislation, third-country worker, as laid down in Article 2(b) of this Directive should mean any third-country national who has been admitted to the territory of a Member State, is legally resident and is allowed to work under national law or in accordance with national practice in that Member State. (EMPL amendment 1)

(9) ) […] The rights of third-country nationals vary, depending on the Member State in which they work and on their nationality. […] With a view to pursuing a further development of a coherent immigration policy […]  and complementing the existing immigration acquis, a set of rights should be laid down in particular in the form of specifying the policy fields where equal treatment with own nationals is provided for third-country workers legally admitted in a Member State but not yet long-term residents. Such provisions are intended to establish a minimum level playing field within the European Union […].

(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[4], 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[5] 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[6].

 

(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 nationals of the 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 to 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 Union or national law 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.

(11) Third-country nationals who have acquired long-term resident status in accordance with Council Directive 2003/109/EC of 25 November 2003 on the status of third-country nationals who are long-term residents[7] are not covered by this Directive given their more privileged status and their specific type of residence permit "long-term resident – EC".

 

(11) Third-country nationals who have acquired long-term resident status in accordance with Council Directive 2003/109/EC of 25 November 2003 on the status of third-country nationals who are long-term residents are not covered by this Directive given their more privileged status and their specific type of residence permit "long-term resident – EC".

(12) Third-country nationals covered by Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services[8] as long as they are posted to a Member State and third-country nationals entering a Member State under commitments contained in an international agreement facilitating the entry and temporary stay of certain categories of trade and investment-related natural persons should not be covered by this Directive as they are not considered part of the labour market of that Member State.

(12) Third-country nationals who are posted are not covered by this Directive. This should not prevent third-country nationals who are legally residing and lawfully employed in a Member State and posted to another Member State from continuing to enjoy equal treatment with respect to nationals of the Member State of origin for the duration of their posting, in respect of those terms and conditions of employment which are not affected by the application of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services1. (EMPL amendment 2)

OJ L 18, 21.1.1997, p. 1.

(12) Third-country nationals who are posted, irrespective whether the establishment that posts them is located in the Member State or in the third country, should not be covered by this Directive as they are not considered part of the labour market of that Member State.

(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.

deleted (LIBE amendments 72 and 73)

(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.

 

(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. (LIBE amendment 74)

 

(14) The right to equal treatment in specified policy fields should be strictly linked to the third-country national's legal residence and the access given to the labour market in a Member State, which is enshrined in the single permit encompassing the authorization to both reside and work and in residence permits issued for other purposes containing the information on the permission to work.

 

(14) The right to equal treatment in specified policy fields should be strictly linked to the third‑country national's legal residence and to the access given to the labour market in a Member State, which is enshrined in the single permit encompassing the authorization to both reside and work and in residence permits issued for other purposes containing the information on the permission to work.

(15) Professional qualifications acquired by a third-country national in another Member States should be recognised the same way as for Union citizens and qualifications acquired in a third country should be taken into account in conformity with the provisions of Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications[9]. 

 

(15) Professional qualifications acquired by a third-country national in another Member State should be recognised the same way as for Union citizens and qualifications acquired in a third country should be taken into account in conformity with the provisions of Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications. 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 is without prejudice to the competence of Member States to admit these third-country workers to their labour market.

(16) Third-country nationals who work in the territory of a Member State should enjoy equal treatment as regards social security. Branches of social security are defined in the Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community[10]. Council Regulation (EC) No 859/2003 of 14 May 2003 extending the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the ground of their nationality[11] extends the provisions of Regulation (EEC) No 1408/71 to third country nationals who are legally residing in the European Union and who are in a cross-border situation. The provisions on equal treatment concerning social security in this Directive also apply to persons coming to a Member State directly from a third country. Nevertheless, this Directive should not confer more rights than those already provided in existing Community legislation in the field of social security for third-country nationals who have cross-border elements between Member States.

(16) Third-country nationals who work in the territory of a Member State should enjoy equal treatment as regards social security. Branches of social security are defined in Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems. The provisions on equal treatment concerning social security in this Directive also apply to persons coming to a Member State directly from a third country. (EMPL amendment 3)

 

 

 

(16) Third-country workers should enjoy equal treatment as regards social security. Branches of social security are defined in Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community. Council Regulation (EC) No 859/2003 of 14 May 2003 extending the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the ground of their nationality extends the provisions of Regulation (EEC) No 1408/71 to third country nationals who are legally residing in the European Union and who are in a cross-border situation. The provisions on equal treatment as regards social security in this proposal also apply to persons coming to a Member State directly from a third country, provided that the person concerned is legally residing and he/she fulfils the conditions set out under national law for being eligible to the social security benefits concerned. Nevertheless, this Directive should not confer to third country workers more rights than those already provided in the existing Union legislation in the field of social security for third-country nationals who have cross-border elements between Member States. This Directive furthermore should not grant rights in relation to situations which lie outside the scope of Union legislation like for example family members residing in a third country.

 

(16a) Union law does not limit the power of the Member States to organise their social security schemes. In the absence of harmonisation at Union level, it is for the legislation of each Member State to lay down the conditions under which social security benefits are granted, as well as the amount of such benefits and the period for which they are granted. However, when exercising that power, Member States should comply with Union law. (EMPL amendment 4)

(16a) EU law does not limit the power of the Member States to organise their social security schemes. In the absence of harmonisation at EU level, it is for the legislation of each Member State to lay down the conditions under which social security benefits are granted, as well as the amount of such benefits and the period for which they are granted. However, when exercising that power, Member States should comply with EU law. Third-country nationals covered by this Directive should fulfil the conditions laid down by the legislation of the competent Member State with regard to affiliation to a social security scheme or for the entitlement to a benefit.

 

(16b) 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. (EMPL amendment 5)

 

 

 

(16b) Receiving social security benefits may depend on general conditions defined in national law, including the readiness and formal entitlement to performing work.

 

 

(16c) Equal treatment of third country workers does not cover measures in the field of vocational training which are financed under social assistance schemes.

(17) Since the objectives of the proposed action, namely determining a single application procedure for issuing a single permit for third-country nationals to work in the territory of a Member State and securing rights for third-country workers legally residing in a Member State - cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the action, be better achieved by the Community, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

 

(17) Since the objectives of the proposed action, namely determining a single application procedure for issuing a single permit for third-country nationals to work in the territory of a Member State and securing rights for third-country workers legally residing in a Member State cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the action, be better achieved by the Union, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on the Functioning of the European Union. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

(18) This Directive respects the fundamental rights and observes the principles recognized by the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights and Fundamental Freedoms and has to be implemented accordingly.

(18) This Directive respects the fundamental rights and observes the principles recognized by Article 6 of the Treaty on European Union and reflected in the Charter of Fundamental Rights of the European Union. (LIBE amendment 11)

 

(18) deleted (LIBE amendment 75)

 

(18) This Directive respects the fundamental rights and observes the principles recognized by the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights and Fundamental Freedoms and has to be implemented accordingly. Specifically, this Directive should be applied with due respect for the freedom of assembly and association, the right to education, the freedom to choose an occupation and the right to engage in work, the principle of non-discrimination, the right to fair and just working conditions, the right to social security and social assistance and the right to an effective remedy and to a fair trial, contained in Articles 12, 14, 15, 21, 31, 34 and 47 of the Charter. (LIBE amendment 76)

 

(18) This Directive respects the fundamental rights and observes the principles recognized by the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights and Fundamental Freedoms and has to be implemented accordingly. Particular attention should be paid to ensuring respect of the freedom of assembly and association, the right to education, the freedom to choose an occupation and the right to engage in work, the principle of non-discrimination, the right to fair and just working conditions, the right to social security and social assistance as well as the right to an effective remedy and to a fair trial as guaranteed in the Charter. (LIBE amendment 77)

(18) This Directive respects the fundamental rights and observes the principles recognized by Article 6 of the Treaty on European Union and reflected by the Charter of Fundamental Rights of the European Union.

 

(18a) This Directive should be applied without prejudice to more favourable provisions contained in EU legislation and international instruments. Specifically, this Directive respects the rights and principles contained in the European Social Charter of 18 October 1961 and the European Convention on the legal status of migrant workers of 24 November 1977. (LIBE amendment 78)

 

(18a) This Directive should be implemented without prejudice to more favourable provisions contained in EU legislation and international instruments. In particular, this Directive respects the rights and principles laid down in the European Social Charter of 1961 and in the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families of 1990. (LIBE amendment 79)

 

(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[12] Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation[13].

deleted (LIBE amendment 12)

 

(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 introduced 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). (LIBE amendment 80)

deleted

 

(19a) In accordance with paragraph 34 of the Interinstitutional Agreement on better law-making¹, Member States are encouraged to draw up, for themselves and in the interest of the Union, their own tables, which will, as far as possible, illustrate the correlation between this Directive and their transposition measures, and to make those tables public. (LIBE amendment 13)

(19a) In accordance with paragraph 34 of the Interinstitutional agreement on better law making, Member States are encouraged to draw up, for themselves and in the interest of the Union, their own tables, which will, as far as possible, illustrate the correlation between the Directive and the transposition measures and make them public.

(20) [In accordance with Articles 1 and 2 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community and without prejudice to Article 4 of the said Protocol these Member States are not participating in the adoption of this Directive and are not bound by or subject to its application.]

 

(20) In accordance with Articles 1 and 2 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on the Functioning of the European Union and without prejudice to Article 4 of the said Protocol these Member States are not participating in the adoption of this Directive and are not bound by it or subject to its application.

(21) In accordance with Article 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and the Treaty establishing the European Community, Denmark is not participating in the adoption of this Directive and is not bound by it or subject to its application.

 

(21) In accordance with Article 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaty on the Functioning of the European Union, Denmark is not participating in the adoption of this Directive and is not bound by it or subject to its application.

HAS ADOPTED THIS DIRECTIVE

 

HAS ADOPTED THIS DIRECTIVE

Chapter I
General provisions

 

 

Article 1

Purpose

 

Article 1

Purpose

The purpose of this Directive is to determine:

 

The purpose of this Directive is to determine:

(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 for the purpose of work in the territory of a Member State, in order to simplify the procedures for their admission and to facilitate the control of their status and;

(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 that Member State, based on equal treatment with nationals of that Member State. (LIBE amendment 14)

(b) a common set of rights to third country workers legally residing in a Member State, based on equal treatment with nationals of this Member State.

 

(1a) This Directive is without prejudice to the Member States’ powers concerning the admission of third-country nationals to their labour markets. (LIBE amendment 15)

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

Article 2

Definition

 

Article 2

Definition

For the purposes of this Directive:

 

For the purposes of this Directive:

(a) "third-country national" means any person who is not a citizen of the Union within the meaning of Article 17(1) of the Treaty;

 

(a) "third-country national" means any person who is not a citizen of the Union within the meaning of Article 20(1) of the Treaty on the Functioning of the European Union;

(b) "third-country worker" means any third-country national who has been admitted to the territory of a Member State and is allowed to work legally in that Member State;

(b) "third country worker" means, without prejudice to the interpretation of the concept of employment relationship in other Union legislation, any third-country national who has been admitted to the territory of a Member State, is legally resident and is allowed to work under national law or in accordance with national practice in that Member State; (EMPL amendment 6)

(b) "third-country worker" means any third-country national who has been admitted to the territory of a Member State, is legally resident and is allowed to work in the context of a paid relationship under national law and/or in accordance with national practice in that Member State;

(c) "single permit" means any authorisation issued by the authorities of a Member State allowing a third-country national to stay and work legally in its territory;

(c) "single permit" means a residence permit issued by the authorities of a Member State allowing a third-country national to stay legally in its territory in order to work there; (LIBE amendment 16)

(c) "single permit" means a residence permit issued by the authorities of a Member State allowing a third-country national to reside legally in its territory for the purpose of work;

(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 a single application made by a third country national or by his or her employer for the authorisation of residence and work in the territory of a Member State, to a decision giving a ruling on this application for the single permit. (LIBE compromise on amendment 17)

(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 application for a single permit for that third-country national.

Article 3

Scope

 

Article 3

Scope

1. This Directive shall apply:

 

1. This Directive shall apply:

(a) to third-country nationals seeking to reside and work in the territory of a Member State, and

a) to third-country nationals seeking to reside in the territory of a Member State in order to work there, (LIBE amendment 18)

(a) to third-country nationals who apply to reside for the purpose of work in the territory of a Member State,

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

b) to third-country nationals who have been admitted for purposes other than work under national or other Union rules, are allowed to work and are issued a residence permit in accordance with Regulation (EC) No 1030/2002, and (LIBE amendment 19)

 

ba) to third-country nationals who have been admitted for the purpose of work under national or other Union rules; (LIBE compromise on amendment 20)

 

b) to third-country workers legally residing in a Member State, irrespective of the grounds on which they were initially admitted to the territory of that Member State. (LIBE amendment 81)

 

(b) to third-country nationals who have been admitted for purposes other than work under national or Union rules, are allowed to work and are issued a residence permit in accordance with Regulation (EC) No 1030/2002; and

 

(c) to third-country nationals who have been admitted for the purpose of work under national or other Union rules.

 

 

ba) to third-country nationals 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; (LIBE amendment 82)

 

 

 

bb) to third-country nationals who have applied for admission or who have been admitted to the territory of a Member State on the basis that they are self-employed; (LIBE amendment 83)

 

 

bc) to refugees from third countries who have been authorised to reside and work in the territory of a Member State by that Member State. (LIBE amendment 84)

 

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

 

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

(a) who are family members of Union citizens who have exercised, or are exercising their right to free movement within the Community;

a) who are family members of Union citizens who have exercised, or are exercising, their right to free movement within the Community in conformity with Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States; (LIBE amendment 21)

(a) who are family members of Union citizens who have exercised, or are exercising their right to free movement within the Union, in conformity with Directive 2004/38/EC;

 

aa) who, together with their family members and whatever their nationality, enjoy rights of free movement equivalent to those of Union citizens under agreements between the Union and its Member States, on the one hand, and third countries, on the other hand; (LIBE amendment 22)

(b) who, as well as their family members and whatever their nationality, enjoy rights of free movement equivalent to those of Union citizens under agreements between the Union and its Member States, on the one hand, and third-countries, on the other hand;

(b) covered by Directive 96/71/EC as long as they are posted;

(b) covered by Directive 96/71/EC as long as they are posted and and shall not affect the Member States' responsibility for the access and admission of third-country nationals to their labour markets. The right of Member States to retain or introduce specific national labour-market oriented rules on immigration is not restricted by this Direcrtive; (EMPL amendment 7)

 

 

(c) who are posted, irrespective of whether their undertaking is established in a Member State or in a non-Member State, as long as they are posted;

(c) entering a Member State under commitments contained in an international agreement facilitating the entry and temporary stay of certain categories of trade and investment-related natural persons in particular to intra-corporate transferees, contractual service suppliers and graduate trainees under the European Community's GATS commitments;

c) who enter a Member State under commitments contained in an international agreement facilitating the entry and temporary stay of certain categories of trade and investment-related natural persons; (LIBE amendment 23)

(d) who enter a Member State under commitments contained in an international agreement facilitating the entry and temporary stay of certain categories of trade and investment-related natural persons […];

(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;

d) who have applied for admission or have been admitted to the territory of a Member State as seasonal workers or au pairs; (LIBE amendment 24, revised)

 

d) deleted (LIBE amendments 85, 86 and 87)

(e) who have applied for admission or have been admitted to the territory of a Member State as a seasonal worker or as an au pair;

(e) who have applied for recognition as refugees and whose application has not yet given rise to a final decision;

db) who are beneficiaries of international protection under Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third-country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted or have applied for international protection under that Directive and whose application has not yet given rise to a final decision;  (LIBE amendment 26)

 

deleted (LIBE amendments 28 and 88)

 

(g) who are beneficiaries of international protection under Directive 2004/83/EC or have applied for international protection under that Directive and whose application has not yet given rise to a final decision;

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

da) who are authorised to reside in a Member State on the basis of temporary protection, or who have applied for authorisation to reside there on that basis and are awaiting a decision on their status; (LIBE amendment 25)

 

deleted (LIBE amendments 29 and 89)

 

(f) who are authorised to reside in a Member State on the basis of temporary protection or have applied for authorisation to reside on that basis and are awaiting a decision on their status;

 

dc) who are beneficiaries of protection in accordance with national law, international obligations or the practice of the Member State or have applied for protection in accordance with national law, international obligations or the practice of the Member State and whose application has not given rise to a final decision; (LIBE amendment 27)

(h) who are beneficiaries of protection in accordance with national law, international obligations or practice of the Member State or have applied for protection in accordance with national law, international obligations or practice of the Member State and whose application has not given rise to a final decision.

(g) who have acquired long-term resident status in accordance with Directive 2003/109/EC;

 

(i) who are EC long-term residents in accordance with Directive 2003/109/EC;

(h) whose expulsion has been suspended for reasons of fact or law.

h) whose removal has been suspended for reasons of fact or law; (LIBE amendment 30)

 

deleted (LIBE amendments 90, 91 and 92)

(j) whose expulsion has been suspended for reasons of fact or law;

 

ha) who have applied for admission or have been admitted to the territory of a Member State as self-employed workers; (LIBE amendment 31)

(k) who have applied for admission or have been admitted to the territory of a Member State as self-employed;

 

 

(l) who have applied for admission or have been admitted as seafarer for employment or work in any capacity on board of a ship registered in / sailing under the flag of a Member State.

 

2a. Member States may decide that Chapter II of this Directive shall not apply either to third-country nationals who have been authorised to work on the territory of a Member State for a period not exceeding six months or to third-country nationals who have been admitted for the purpose of study. (LIBE amendment 32)

 

3. Member States may decide that Articles 4 to 11 shall not apply to third-country nationals who have been authorised to work on the territory of a Member State for a period not exceeding six months and to third-country nationals who have been admitted for the purpose of study.

 

2a. Member States may decide that this Directive shall not apply to third-country nationals:

(a) who have applied for recognition as refugees and whose application has not yet given rise to a final decision;

(b) staying in a Member State as applicants for international protection or under temporary protection schemes. (LIBE amendment 93)

 

 

 

 

2b. Chapter II of this Directive does not apply to third-country nationals who are authorised to work on the basis of a visa. (LIBE amendment 33)

4. The provisions of Articles 4 to 11 do not apply to third country nationals who are allowed to work on the basis of a visa.

 

 

2 bis Except for the rights conferred under Article 12, paragraph 1, (a), (b), (c) and (e), which shall equally apply to third country nationals 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, and without prejudice to further rights conferred to this category of persons by other legislative instruments, Member States may decide that the provisions of this Directive do not apply to this category of workers. (LIBE amendment NEW)

 

Chapter II
Single application procedure and single permit

 

 

Article 4

Single application procedure

 

Article 4

Single application procedure

1. An application to reside and work in the territory of a Member State shall be submitted in a single application procedure.

1. An application for a single permit shall be submitted in a single application procedure.

 (LIBE amendment 34)

 

1. To the extent that applications to reside and work in the territory of a Member State are concomitant, they shall be submitted in a single application procedure. (LIBE amendment 94)

 

1a. Member States shall decide whether the application for a single permit should be made by the third-country national concerned, by his or her employer; (LIBE amendment 35)

 

1a. All third-country nationals shall have the right to submit an application to reside and work in the territory of a Member State. In addition, employers or recognised intermediaries shall also be permitted to submit an application in the name of a third-country national. (LIBE amendment 95)

1. An application for a single permit shall be submitted in a single application procedure. Member States shall determine whether applications for a single permit are to be made by the third-country national or by his/her employer. Member States may decide to allow an application from either the third-country national or by his/her employer.

.

1b. Member States may decide that the application is examined either when the third-country national concerned is residing outside the territory of the Member State to which he or she wishes to be admitted or, if provided for by national law, when he or she is already legally residing in that Member State; (LIBE amendment 36)

3. Member States may decide that the application is examined either when the third-country national concerned is residing outside the territory of the Member State in which he/she wishes to be admitted or, if foreseen by national law, when he/she is already legally residing in that Member State.

 

1c. In cases where the application for a single permit cannot be made from a third country, the Member States shall permit the employer to make the application in the Member State of destination. (LIBE amendment 37)

 

2. Member States shall examine the application and adopt a decision to grant, to modify or to renew the single permit if the applicant fulfils the requirements specified in national law. The decision granting, modifying or renewing the single permit shall constitute one combined title encompassing both residence and work permit within one administrative act

2. Member States shall examine the application and adopt a decision to grant, to modify or to renew the single permit if the applicant fulfils the requirements specified by national or Union law. The decision granting, modifying or renewing the single permit shall constitute a single administrative act combining a residence permit and a work permit. (LIBE amendment 38)

 

2. Member States shall examine the application and adopt a decision to grant, to modify or to renew the single permit if the applicant fulfils the requirements specified in national law. To the extent that applications to reside and work in the territory of a Member State are concomitant, the decision granting, modifying or renewing the single permit shall constitute one combined title encompassing both residence and work permit within one administrative act. (LIBE amendment 96)

2. Member States shall examine the application and adopt a decision to grant, to modify or to renew the single permit if the applicant fulfils the requirements specified in Union or national law. The decision granting, modifying or renewing the single permit shall constitute one combined title encompassing both residence and work permit within one administrative act.

 

2a. The single application procedure shall be without prejudice to the visa procedure which may be required for initial entry. (LIBE amendment 39)

4. The single application procedure is without prejudice to the visa procedure which may be required for initial entry.

 

2b. Member States shall issue a single permit, when the conditions provided for are met, to those third-country nationals who apply for admission, and to those third-country nationals already admitted and who apply to renew or modify their residence permit after the entry into force of the national implementing provisions. (LIBE amendment 40)

5. Member States shall issue a single permit, when the conditions provided for are met, to those third-country nationals who apply for admission, and to those third-country nationals already admitted and who apply to renew or modify their residence permit after the entry into force of the implementing national provisions.

Article 5

Competent authority

 

Article 5

Competent authority

1. Member States shall designate the authority competent to receive the application and to issue the single permit.

 

1. Member States shall designate the authority competent to receive the application and to issue the single permit.

2. The designated authority shall process the application and adopt a decision on the application as soon as possible and in any event no later than three months from the date on which the application was lodged.

2. The relevant authority shall give a ruling on the complete application as soon as possible and no later than four months from the date on which the application was lodged. (LIBE amendment 41)

2. The competent authority shall adopt a decision on the complete application as soon as possible and no later than four months from the date on which the application was lodged.

The time limit referred to in the first subparagraph may be extended in exceptional circumstances, linked to the complexity of the examination of the application.

The time limit referred to in the first subparagraph may be extended in exceptional circumstances, in accordance with objective criteria linked to the complexity of the examination of the application. (LIBE compromise on amendment 42)

 

The time limit referred to in the first subparagraph may be extended for reasons linked to the complexity of the examination of the application.

 

2a. Any consequences of no decision being taken by the end of the period provided for in the first subparagraph shall be determined by the national legislation of the relevant Member State. (LIBE amendment 43)

 

Any consequence of no decision being taken by the end of the period provided for in this provision shall be determined by national law of the relevant Member State.

 

2a. Where a third-country national already resides in a Member State, that Member State shall allow the third-country national concerned to remain legally on its territory until the single permit has been granted or denied and all possible remedies have been exhausted. (LIBE amendment 99)

 

 

3. The designated authority shall notify shall notify the decision to the applicant in writing in accordance with the notification procedures laid down in the relevant legislation.

3. The relevant authority shall notify the decision to the applicant in writing in accordance with the notification procedures laid down in the relevant provisions of national law. (LIBE amendment 44)

 

3. The competent authority shall notify the decision to the applicant in writing in accordance with the notification procedures laid down in the relevant national law.

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 or documents supporting 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. If applicable, it shall also inform the applicant as to where he can get the information on the documents and information required. The period referred to in paragraph 2 shall be suspended until the authorities have received the additional information required. (LIBE compromise on amendments 45, 46, 100, 1001, 102)

 

4. If the information or documents supplied in support of the application is inadequate, the competent authority shall notify the applicant of the additional information or documents that are required and may set a reasonable deadline to provide them. The period referred to in paragraph 2 shall be suspended until the authorities have received the additional information or documents required. If additional information or documents have not been provided within the deadline, the application may be rejected.

 

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 relevant authority. (LIBE amendment 47)

 

Article 6

Single permit

 

Article 6

Single permit

1. Member States shall issue the 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 its Annex, a, 7.5-9.

1. Member States shall issue the single permit using the uniform format as laid down in Regulation (EC) No 1030/2002 and shall indicate information relating to the permission to work in accordance with its Annex, a, 7.5-9.

1. Member States shall issue the 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 its Annex, a, 7.5-9.

 

Member States may issue an additional document to the single permit holding all relevant information specific to the right to work. This additional document must be optional and purely informative in nature.

This additional document may be updated or withdrawn when the single permit holder's labour market situation changes. (LIBE compromise on amendment 48)

Member States may issue an additional document to the single permit holding all relevant information on the specific right and conditions to work and may revise it when the labour market position of the holder of the single permit changes.

 

1a. Member States shall provide all holders of single permits with a complementary document with detailed information regarding their rights and obligations. (LIBE amendment 103)

 

2. Member States shall not issue any additional permits, in particular work permits of any kind as proof of the access given to the labour market.

 

2. When issuing the single permit Member States shall not issue any additional permits as proof of the access given to the labour market.

Article 7

Residence permit issued for purposes other than work

 

Article 7

Residence permits issued for purposes other than work

1. When issuing residence permits in accordance with Regulation (EC) No 1030/2002 Member States shall indicate the information relating to the permission to work irrespective of the type of the permit.

1. When issuing residence permits in accordance with Regulation (EC) No 1030/2002 Member States shall indicate therein information relating to the permission to work irrespective of the category of document in question.

 

Member States may issue an additional document to the residence permit holding all relevant information pertaining to the right to work. This document must be optional and purely informative in nature. This additional document may be updated or withdrawn when the single permit holder's labour market situation changes. (LIBE amendment 49, revised in line with compromise on amendment 48)

1. When issuing residence permits in accordance with Regulation (EC) No 1030/2002 Member States shall indicate the information relating to the permission to work irrespective of the type of the permit. Member States may issue an additional document to the residence permit holding all relevant information on the specific right and conditions to work and may revise it when the labour market position of the holder of the residence permit changes.

2. Member States shall not issue any additional permits, in particular work permits of any kind as proof of the access given to the labour market.

2. When issuing residence permits in accordance with Regulation (EC) No 1030/2002, Member States shall not issue any additional permits as proof of authorisation to access the labour market. (LIBE amendment 50)

2. When issuing residence permits in accordance with Regulation (EC) No 1030/2002, Member States shall not issue any additional permits as proof of the access given to the labour market.

Article 8

Remedies

 

Article 8

Procedural guarantees

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 for a single permit, not modifying or not renewing the single permit, or withdrawing the single permit on the basis of objective criteria provided for by national or Union law. (LIBE compromise on amendments 51, 104, 105)

 

 

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

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 a legal challenge in the Member State concerned. The written notification shall specify the court or administrative authority with which the person concerned may lodge an appeal and the time-limit for the appeal. (LIBE compromise on amendments 106, 107, 108)

 

Any decision rejecting the application, not granting, not modifying or not renewing […] or withdrawing a single permit shall be open to a legal challenge in the Member State concerned, in accordance with national law. The written notification shall specify the possible redress procedures available and the time-limit for taking action.

 

2a. An application may be considered inadmissible for reasons connected with the number of third-country nationals admitted to the territory of a Member State in order to work there, and need not be processed in that case. (LIBE amendment 52)

2. An application may be considered as inadmissible on the grounds of volumes of admission of third-country nationals coming for employment and therefore has not to be processed.

Article 9

Access to information

 

Article 9

Information

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.

Member States shall provide upon request adequate information to the third-country national and the future employer on the documents required to make a complete application. (LIBE amendment 53)

 

Member States shall take the necessary measures to inform the third-country national and the future employer automatically, immediately and comprehensively on all the documentary evidence they need in order to complete the application. (LIBE amendment 109)

Member States shall provide upon request adequate information to the third-country national and the future employer on the documents required to complete the application.

Article 10

Fees

 

Article 10

Fees

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.

Member States may request applicants to pay fees. Where appropriate, these fees are collected for handling applications in accordance with this Directive. In such cases, the level of fees must be proportionate and be based on the principle of the service actually provided. (LIBE amendment 54)

 

Member States may not request applicants to pay fees for handling applications in accordance with this Directive. (LIBE amendment 110)

 

Member States may request applicants to pay fees for handling applications in accordance with this Directive. The level of fees shall be proportionate and affordable and shall not exceed the real costs incurred by the national administration. (LIBE amendment 111)

Member States may request applicants to pay fees […]. Where appropriate, these fees are collected for handling applications in accordance with this Directive. In such cases, the level of fees […] may be based on the principle of the service actually provided.

Article 11

Rights on the basis of the single permit

 

Article 11

Rights on the basis of the single permit

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

Where a single permit has been issued in accordance with national law and during its period of validity, it shall authorise its holder as a minimum to: (LIBE amendment 55)

Where a single permit has been issued under national law and during its period of validity, it shall entitle its holder as a minimum to:

(a) enter, re-enter and stay in the territory of the Member State issuing the single permit;

a) enter and stay in the territory of the Member State issuing the single permit, provided that he or she meets all admission requirements in accordance with national law; (LIBE amendment 56)

(a) enter […] and stay in the territory of the Member State issuing the single permit provided that he/she meets all admission requirements in accordance with national law;

 

(aa) Member States shall ensure that holders of single permits have the right to change employers, in the event that their  contract is terminated for reasons independent of the employee's will. In a situation of conflict between the employee and the employer, the holder of a single permit shall have the right to remain on EU territory for as long as necessary in order to finalize all legal issues involved. (LIBE amendment 112)

 

(b) passage through other Member States in order to exercise the rights under point (a);

 

deleted

(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; (LIBE amendment 57)

 

c) have free access to the entire territory of the Member State issuing the single permit. Member States may impose territorial restrictions on the right of residence and the right to work within the limits provided for by national legislation for reasons of security, only where the same restrictions apply to their own nationals; (LIBE amendments 114 and 115)

(b) have free access to the entire territory of the Member State issuing the single permit within the limits provided for by national law […];

 

(d) exercise of the activities authorised under the single permit;

d) exercise of the specific professional activity authorised under the single permit in accordance with national law; (LIBE amendment 58)

(c) exercise the concrete employment activity authorised under the single permit in accordance with national law;

(e) be informed about his/her own rights linked to the permit conferred by this Directive or by national legislation.

e) be informed about his/her own rights linked to the permit conferred by this Directive and/or by national legislation. (LIBE amendment 59)

(d) be informed about his/her own rights linked to the permit conferred by this Directive and/or by national law.

 

1a. At the end of the period of validity of the single permit, Member States may on application grant a residence permit of a maximum duration of six months for the purpose of seeking employment. During this period they shall enjoy the same assistance in finding employment as provided for citizens of that Member State. (LIBE amendment 116)

 

 

 

 

1a. The holder of a single permit shall have the right to update the single permit  when changing employers, and to renew the single  permit when entering into a new contract  with an employer from a different Member State. (LIBE amendment 117)

 

 

Article 11a

Temporary unemployment

 

1. Unemployment in itself shall not constitute a reason for revoking a permit, unless the period of unemployment exceeds six consecutive months.

2. During this period, third-country nationals shall be allowed to seek and take up employment, enjoying the same assistance in finding an employment as provided for citizens of that Member State. (LIBE amendment 118)

 

 

Article 11a

Notification of decisions

 

The notification and information referred to in Articles 5, 8 and 9 shall be provided in such a way that the applicant is able to comprehend their content and implications. (LIBE amendment 119)

 

Chapter III
Right to equal treatment

 

 

Article 12

 

Article 12

Right to equal treatment

1. Third-country workers shall enjoy equal treatment with nationals at least with regard to:

 

1. Third-country workers as referred to in paragraph 1(b) and (c) of Article 3 shall enjoy equal treatment with nationals of the Member State where they reside with regard to:

(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, working time, leave and disciplinary procedures, taking into account general collective agreements in force; (EMPL amendment 8)

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

(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;

(c) education and vocational training;

 

(c) education and vocational training;

(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;

(e) branches of social security, as defined in Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community. Regulation (EEC) No 859/2003, extending the provisions of Regulation (EEC) No 1408/71 and its implementing Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by these provisions solely on the ground of their nationality shall apply accordingly;

(e) branches of social security, as defined in Regulation (EC) No 883/2004 of the European Parliament and of the Council; (EMPL amendment 9)

 

(e) provisions in national laws regarding branches of social security, as defined in Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community. The special provisions in the Annex to Council Regulation (EC) No 859/2003 of 14 May 2003 extending the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third-countries who are not already covered by these provisions solely on the basis of nationality shall apply accordingly;

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

 

deleted

(g) tax benefits;

(g) tax benefits, in so far as the worker is deemed to be resident for tax purposes in the Member State concerned; (EMPL amendment 10)

deleted

(h) access to goods and services and the supply of goods and services made available to the public including procedures for obtaining housing and the assistance afforded by employment offices

(h) access to goods and services and the supply of goods and services made available to the public including procedures for obtaining housing and the assistance and advice services afforded by employment offices as provided by national law. (EMPL amendment 11)

(f) access to goods and services and the supply of goods and services made available to the public including procedures for obtaining housing […] as provided by national law. This paragraph is without prejudice to the freedom of contract in accordance with Union and national law;

 

 

(g) counselling services afforded by employment offices.

2. Member States may restrict equal treatment with nationals:

 

2. Member States may restrict equal treatment with nationals:

(a) by requiring proof of appropriate language proficiency for access to education and training. Access to university may be subject to the fulfilment of specific educational prerequisites;

 

(a) by requiring proof of appropriate language proficiency for access to education and training. Access to university and post-secondary education or to vocational training may be subject to the fulfilment of specific prerequisites, including the payment of tuition fees, according to national law;

(b) by restricting the rights conferred under paragraphs 1(c) in respect to study grants;

 

(b) under paragraph 1(c) in respect to study and maintenance grants and loans or other grants and loans regarding secondary and higher education and vocational training;

 

 

(c) under paragraph 1 (c) in respect to those third-country workers who have been admitted to their territory in conformity with Council Directive 2004/114/EC.

(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 imposing restrictions on the full application of 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 less than three years; (EMPL amendment 12)

 

 

(d) under paragraph 1(f) in respect […] to housing […];

 

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

 

 

deleted

 

 

(e) by limiting the rights conferred under paragraphs 1(c) and (f) to those third-country workers who are in employment;

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

(e) by making use of residence criteria (for the residence-based benefits, but not employment-related benefits) if the residence permit is issued for the purposes other than work but the residence permit allows working. (EMPL  amendment 13)

(f) by limiting the rights conferred under paragraph 1(e), with the exception of unemployment benefits for those whose entitlement is based on previous employment in the respective Member State, to third-country nationals who are in employment;

 

 

(g) by limiting the rights conferred under paragraph 1 (g) to the third-country nationals who are allowed to work without any restriction.

 

2b. 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. (EMPL amendment 15)

 

 

 

 

2c. Member States shall take the necessary measures to ensure that any violation of the rights enshrined in this Directive is subject to legal challenge. (EMPL amendment 16)

 

 

 

3. The right to equal treatment as laid down in paragraph 1 is without prejudice to the right of the Member State to withdraw or to refuse to renew the residence permit issued under this Directive, the residence permit issued for purposes other than work, or any other authorisation to work in a Member State.

 

2a. Third-country workers moving to a third-country, or the survivors of such a worker residing in third-countries as they derive their rights from the worker, shall receive, in relation to old-age, invalidity and death, statutory pensions based on the worker's previous employment and acquired in accordance with the legislation defined in Article 3 of Regulation (EC) No 883/2004, under the same conditions and at the same rates as the nationals of the Member States concerned when they move to a third-country. Member States can make the application of this provision conditional to the existence of bilateral agreements in which the reciprocal export of pensions is acknowledged and a technical cooperation established. (EMPL amendment 14)

4. Without prejudice to bilateral agreements, third-country workers moving to a third-country, or the survivors of such a worker residing in third-countries as they derive their rights from the worker, shall receive, in case of old-age, invalidity and death, statutory pensions based on the worker's previous employment and acquired in accordance with the legislation defined in Article 3 of Council Regulation (EC) No 883/2004, under the same conditions and at the same rates as the nationals of the Member States concerned when they move to a third-country.

Article 13

More favourable provisions

 

Article 13

More favourable provisions

1. This Directive shall apply without prejudice to more favourable provisions of:

 

1. This Directive shall apply without prejudice to more favourable provisions of:

(a) Community legislation, including bilateral and multilateral agreements between the Community, or the Community and its Member States, on the one hand and one or more third countries on the other.

 

(a) Union legislation, including bilateral and multilateral agreements between the Union, or the Union and its Member States, on the one hand and one or more third countries on the other.

(b) bilateral or multilateral agreements between one or more Member States and one or more third countries;

 

(b) bilateral or multilateral agreements between one or more Member States and one or more third countries;

 

(ba) This Directive shall apply without prejudice to the rights and principles contained in the European Social Charter of 18 October 1961 and the European Convention on the legal status of migrant workers of 24 November 1977. (EMPL amendment 17)

 

2. This Directive shall be without prejudice to the right of Member States to adopt or maintain provisions that are more favourable to the persons to whom it applies.

 

2. This Directive shall be without prejudice to the right of Member States to adopt or maintain provisions that are more favourable to the persons to whom it applies.

Chapter IV
Final provisions

 

 

Article 14

 

Article 14

Information 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.

Each Member State shall make available to the general public a regularly updated set of information concerning the conditions of third-country nationals' entry into and stay in its territory in order to work there. (LIBE amendment 60)

Each Member State shall make available to the general public 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.

Article 15

Reporting

 

Article 15

Reporting

1. Periodically, and for the first time no later than three years after the date specified in Article 16, the Commission shall report to the European Parliament and the Council on the application of this Directive in the Member States and shall propose any amendments deemed necessary.

1. Periodically, and for the first time no later than three years after the date specified in Article 16, the Commission shall present a report to the European Parliament and the Council on the application of this Directive in the Member States and shall propose any amendments it deems necessary. (LIBE amendment 61)

 

1. Periodically, and for the first time no later than two years after the date specified in Article 16, the Commission shall report to the European Parliament and the Council on the application of this Directive in the Member States and shall propose any amendments deemed necessary. (LIBE amendment 120)

1. Periodically, and for the first time no later than three years after the date specified in Article 16, the Commission shall report to the European Parliament and the Council on the application of this Directive in the Member States and shall propose any amendments deemed necessary.

2. Annually, and for the first time no later than 1 April of [one year after the date of transposition of this Directive], Member States shall communicate to the Commission and the other Member States through the network established by Decision 2006/688/EC statistics on the volumes of third-country nationals who have been granted, renewed or withdrawn a single permit during the previous calendar year, indicating their nationality and their occupation. Statistics on admitted family members shall be communicated likewise.

2. Annually, and for the first time no later than 1 July [one year after the date of transposition of this Directive], Member States shall communicate to the Commission statistics on the volumes of third-country nationals who have been granted a single permit during the previous calendar year, in accordance with Regulation (EC) No 862/2007 of the European Parliament and of the Council on Community statistics on migration and international protection. (LIBE amendment 62)

2. Annually, and for the first time no later than 1 July of [one year after the date of transposition of this Directive], Member States shall communicate to the Commission […] statistics on the volumes of third-country nationals who have been granted […] a single permit during the previous calendar year, in accordance with Regulation (EC) No 862/2007 of the European Parliament and of the Council on Community statistics on migration and international protection.

Article 16

Transposition

 

Article 16

Transposition

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by …….. at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [two years after the entry into force of this Directive] at the latest. They shall forthwith communicate to the Commission the text of those provisions. (LIBE amendment 63)

 

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [three years after the entry into force of this Directive] at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions. (LIBE amendment 121)

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by {two years after the entry into force} at the latest. They shall forthwith communicate to the Commission the text of those provisions.

When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

 

When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field governed by this Directive. (LIBE amendment 64)

2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 17

Entry into force

 

Article 17

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

 

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 18

Addressees

 

Article 18

Addressees

This Directive is addressed to the Member States.

 

This Directive is addressed to the Member States

Done at Brussels,

 

Done at Brussels,

For the Council

The President

 

For the Council

The President

 



[1]          OJ L 157, 15.6.2002, p. 1.

[2]          OJ L 105, 13.4.2006, p. 1.

[3]          OJ L 239, 22.9.2000, p. 19.

[4]          OJ L 251, 3.10.2003, p. 12.

[5]          OJ L 375, 23.12.2004, p.12.

[6]          OJ L 289, 3.11.2005, p.15.

[7]          OJ L 16, 23.1.2004, p. 44.

[8]          OJ L 18, 21.1.1997, p. 1.

[9]          OJ L 255, 30.9.2005, p. 22.

[10]        OJ L 149, 5.7.1971, p. 2.

[11]        OJ L 124, 20.5.2003, p. 1.

[12]        OJ L 180, 19.7.2000, p. 22.

[13]        OJ L 303,2.12.2000, p. 16