GEN

VERSION 7 May 2010

[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.

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

Initial Commission Proposal	LIBE and EMPL amendments	Latest Council version (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) (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) EU 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 EU 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.