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 {SEC(2007) 1393} {SEC(2007) 1408}
Date: 2007-10-23
Institutions: European Commission
Subjects: equal treatment, foreign national, labour law, migrant worker, migration policy, residence permit

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 23.10.2007 
COM(2007) 638 final 

2007/0229 (CNS) 

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 

(presented by the Commission) 

{SEC(2007) 1393} 
{SEC(2007) 1408} 

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Explanatory memorandum 

1) CONTEXT OF THE PROPOSAL 

•  Grounds for and objectives of the proposal 

This proposal forms part of EU efforts to develop a comprehensive immigration policy. 
The  Tampere  European  Council  on  15  and  16  October  1999  stated  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  EU  citizens.  The  Hague 
Programme  of  November  2004  recognised  that  "legal  migration  will  play  an  important 
role  in  enhancing  the  knowledge-based  economy  in  Europe,  in  advancing  economic 
development,  and  thus  contributing  to  the  implementation  of  the  Lisbon  strategy".  The 
December 2006 European Council Conclusions agreed on a series of steps to be taken for 
2007,  among  which  to  "develop,  as  far  as  legal  migration  is  concerned,  well-managed 
migration  policies,  fully  respecting  national  competences,  to  assist  Member  States  to 
meet existing and future labour needs while contributing to the sustainable development 
of  all  countries;  in  particular,  the  forthcoming  Commission  proposals  within  the 
framework of the Policy Plan on Legal Migration of December 2005 should be rapidly 
examined". 

This proposal seeks to respond to these requests in accordance with the Policy Plan on 
Legal Migration which aimed at laying down admission conditions for specific categories 
of migrants (highly qualified workers, seasonal workers, remunerated trainees and intra-
corporate transferees) in four specific legislative proposals on the one hand and introduce 
a  general  framework  for  a  fair  and  rights-based  approach  to  labour  migration  on  the 
other. This proposal is to meet the latter objective by securing the legal status of already 
admitted third-country workers, in line with the broad philosophy of the Lisbon Agenda, 
and by introducing procedural simplifications for the applicants. 

To  achieve  these  objectives  the  Commission  proposes  to  guarantee  a  common  set  of 
rights  to  all  third-country  workers  lawfully  residing  in  a  Member  State  and  not  yet 
entitled  to  long-term  residence  status,  and  to  introduce  a  single  application  procedure, 
along  with  a  single  residence/work  permit.  This  combined  permit  will  create  useful 
synergies and enable Member States to better manage and control the presence of third-
country nationals on their territories for employment purposes. 

•  General context 

Since  the  Tampere  European  Council  of  October  1999,  the  Commission  has  sought 
agreement  on  common  rules  for  economic  migration,  which  is  a  cornerstone  of  any 
immigration policy. In 2001 the Commission proposed a Directive on "the conditions of 
entry  and  residence  of  third-country  nationals  for  the  purpose  of  paid  employment  and 
self-employed  economic  activities".  Whilst  the  other  EU  institutions  gave  positive 
opinions,  discussion  in  Council  was  limited  to  a  first  reading  of  the  text  and  it  was 
officially withdrawn in 2006. 

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This current proposal does not touch upon admission conditions, but concentrates instead 
on  a  common  set  of  rights  to  be  granted  to  all  third-country  workers  already  legally 
residing  in  a  Member  State  and  on  one  procedural  aspect:  a  single  permit  issued  in  a 
single application procedure. 

Currently  there  is  a  "rights  gap"  regarding  third-country  workers  as  opposed  to  own 
nationals. Granting employment-related rights to them (e.g. working conditions including 
pay,  access  to  vocational  training  and  core  social  security  benefit)  comparable  to  own 
nationals  recognizes  that  third-country  workers  contribute  to  the  European  economy 
through  their  work  and  tax  payments.  It  can  also  help  reduce  unfair  competition 
emanating from this rights gap, thus serving as a safeguard for EU citizens by protecting 
them from cheap labour and migrants from exploitation. In addition granting a common 
set of rights in Community law would create a level playing field within the EU for all 
third-country nationals legally working, irrespective of the Member State in which they 
stay. 

The proposed procedural simplification of a single permit issued in a single application 
procedure would significantly simplify the administrative requirements for third-country 
workers  and  employers  throughout  the  EU.  Moreover,  due  to  its  reinforced  control 
function,  it  complements  the  Commission's  recent  proposal  on  sanctions  against 
employers of illegally staying third-country nationals (COM(2007) 249). 

•  Existing provisions in the area of the proposal 

In  the  field  of  legal  immigration  a  number  of  directives  have  been  adopted  covering 
specific groups of third-country nationals: Council Directive 2003/86/EC on the right to 
family  reunification;  Council  Directive  2003/109/EC  concerning  the  status  of  third 
country  nationals  who  are  long-term  residents;  Council  Directive  2004/114/EC  on  the 
conditions  of  admission  of  third-country  nationals  for  the  purposes  of  studies,  pupil 
exchange,  unremunerated  training  or  voluntary  service;  Council  Directive  2005/71/EC 
for  facilitating  of  the  admission  of  researchers  into  the  EU.  This  proposal  is  consistent 
with and complementary to these provisions, because it serves as a horizontal instrument 
granting  rights  to  every  third-country  worker  legally  residing  in  a  Member  State, 
irrespective of the basis on which he/she has been admitted to the territory of a Member 
State and has been given access to the labour market of that Member State. 

Council Regulation (EC) No 859/2003 extended 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.  The 
Regulation ensures that there will be no difference in treatment between a third country 
national  and  an  EU  citizen  when  moving  from  one  Member  States  to  another.  This 
present  proposal  is  complementary  to  the  Regulation,  covering  also  access  to  social 
security benefits of a third country national worker in one Member State. 

The  format  of  a  residence  permit  for  third-country  national  is  laid  down  in  Regulation 
(EC) No 1030/2002, which enables Member States to refer, in the uniform format, to all 
other  information  "in  particular  as  to  whether  or  not  the  person  is  permitted  to  work". 
This proposal builds on that Regulation insofar as it obliges Member States to indicate on 
the uniform format the permission to work, irrespective of the legal basis for admission. 

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In parallel to this proposal, the Commission will present a proposal for a Directive on the 
conditions  of  entry  and  residence  of  third-country  nationals  for  the  purposes  of  highly 
qualified  employment.  The  two  proposals  have  been  drafted  so  as  to  be  mutually 
compatible. 

•  Consistency with the other policies and objectives of the Union 

The provisions in this proposal are consistent with and supportive of the objectives of the 
Lisbon strategy (COM(2005) 24) in particular to make the EU a more attractive place to 
work,  the  integrated  Guidelines  for  Growth  and  Jobs  (COM(2005)  141)  and  the 
Commission  Communication  on  promoting  decent  work  for  all  (COM(2006)  249). 
Securing  a  legal  status  for  immigrants  –  where  their  rights  as  workers  are  clearly 
identified  and  recognised  –  can  serve  as  a  safeguard  from  exploitation  and  thereby 
augments  the  contribution  third-country  nationals  make  to  the  EU's  economic 
development  and  growth  and  also  protects  EU  citizens  from  cheap  labour.  Further,  in 
compliance  with  the  Communication  on  the  demographic  future  of  Europe  -  from 
challenge to opportunity (COM(2006) 571), this proposal contributes to the integration of 
immigrants  and  their  families  forming  part  of  the  response  needed  to  prepare  Europe's 
economy and society for the onset of ageing. 

This  proposal,  affecting  in  particular  employment-related  rights  of  third-country 
nationals,  complies  with  fundamental  rights  and  observes  the  principles  recognized  by 
the  Charter  of  Fundamental  Rights  with  special  regard  to  Article  12  on  freedom  of 
assembly  and  association,  Article  14  on  the  right  to  education,  Article  15(3)  on  equal 
working  conditions,  Article  21(2)  non-discrimination,  Article  29  on  the  right  to 
placement services, Article 31 on fair and just working conditions, Article 34 on social 
security and social assistance and Article 35 on health care and Article 47 on the right to 
an effective remedy and to a fair trial. 

2) CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

Consultation methods, main sectors targeted and general profile of respondents 

A  public  consultation  was  carried  out  with  the  Green  Paper  on  an  EU  approach  to 
managing  economic  migration.  The  Commission  received  more  than  130  contributions 
from  Member  States,  other  EU  institutions,  social  partners,  NGOs,  third  countries, 
academia, etc. (available on   
http://ec.europa.eu/justice_home/news/consulting_public/economic_migration/news_con
tributions_economic_migration_en.htm) and a public hearing was held on 14 June 2005. 

Further consultations were held by means of seminars and workshops, while the Member 
States  were  consulted  within  the  framework  of  the  Commission's  Committee  on 
Immigration  and  Asylum.  Through  the  external  study  commissioned  to  support  the 
impact  assessment,  further  consultations  of  the  main  stakeholders  was  undertaken  by 
means of questionnaires and interviews. 

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Summary of responses and how they have been taken into account 

The  analysis  of  the  130  contributions  sent  during  the  public  consultation  showed  a 
general support for a common EU policy on economic immigration, albeit with important 
differences in the approaches to be followed and in the expected end result. Some clear 
elements  emerged,  i.e.  the  need  for  common  EU  rules  regulating  at  least  some  key 
categories  of  economic  immigrants  establishing  attractive  conditions  for  them  (i.e. 
highly-skilled workers) coupled with the request to ensure a secure legal position to all 
legally  working  immigrants.  Therefore  unlike  the  2001  proposal  for  a  directive  on 
economic  migration  intended  to  regulate  admission  conditions  generally  -  this  proposal 
establishes  a  procedural  simplification  only  and  grants  rights  to  those  who  are  already 
admitted to a Member State's territory and labour market.  

The Commission took account of comments made to its Policy Plan on Legal Migration 
and those made in the connection with the study for the impact assessment. 

•  Collection and use of expertise 

There was no need for external expertise. 

•  Impact assessment 

The following options were considered: 

Option 1 – No change 

Option  2  –  The  non-legislative  option:  communication,  coordination,  and  cooperation: 
No new legislation is introduced on the rights of migrant workers in general. The rights 
of some third-country workers will be further specified by national legislation and only 
be covered at EU level by the specific Directives (e.g. on highly-skilled workers) Instead 
attention would be given to complementary and supporting activities in order to bring the 
legislative  practices  of  Member  States  closer  through  the  gathering  and  exchange  of 
knowledge and information.  

Option 3a – Legislative option in the form of a Directive focusing on the commonalities: 
This  option  would  grant  equal  treatment  to  third-country  nationals  who  are  already 
admitted  to  the  labour  market  in  all  the  employment-related  fields  excluding  social 
security,  the  transfer  of  social  security  contributions  and  pensions  and  access  to  public 
services.  

Option  3b  –  The  equal  treatment  legislative  option  in  the  form  of  a  Directive:  This 
option would grant equal treatment to third country nationals who are already admitted to 
the  labour  market  in  all  the  employment-related  fields  including  social  security,  the 
transfer of social security contributions and pensions and access to public services.  

Option  4  -  A  complementary  legislative  option  in  the  form  of  a  Directive;  single 
application procedure and single residence/work permit: The Directive would focus on a 
single  application  procedure  simplifying  the  procedure  both  for  immigrants  and  for 
public authorities and a single document enabling a third country national to reside and 
work  in  a  Member  States.  These  provisions  could  build  on  Regulation  (EC)  No 

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1030/2002 on a uniform residence permit which already enables Member States to  add 
national remarks as regards the access to the labour market. This option could encompass 
– following the rights based approach - procedural safeguards and guarantees in relation 
to the application for a single permit. 

Option  5  -  The  fully-fledged  legislative  option  in  the  form  of  a  Directive  regulating 
access to labour market and also granting equal treatment for third-country workers: The 
Directive would regulate the labour market access of third-country workers to a Member 
State  in  order  to  grant  comparable  treatment  as  regards  access  to  employment  and 
mobility within that Member State. In order to grant access to the labour market for third-
country nationals, conditions for admission to work (economic needs test etc.) need to be 
harmonised. This option would further provide for equal treatment with own nationals – 
in all the areas listed in Option 3 b. 

Comparing  the  options  and  their  impacts,  and  in  the  light  of  Member  State  and 
stakeholder  views,  the  preferred  option  is  a  combination  of  Options  3b  and  4,  which 
appear to offer the highest potential for benefits in practical and policy terms. 

The  Commission  carried  out  an  impact  assessment  as  listed  in  the  Work  Programme, 
whose report is accessible on http://ec.europa.eu/governance/impact/cia_2007_en.htm. 

3) LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

The  proposal  provides  for  a  single  application  procedure  for  third  country  nationals 
seeking to enter the territory of a Member State to work. If granted the permit to stay and 
work should be issued in a single act. There is a general obligation for Member States to 
provide  for  a  "one-stop-shop"  system  and  to  comply  with  certain  safeguards  and 
standards  when  handling  the  application.  Furthermore  there  is  a  general  prohibition  on 
additional permits (e.g. a work permit). As to the format of this single document, it is to 
take  the  harmonized  format  of  the  existing  EU  residence  permit  for  third-country 
nationals,  established  by  Regulation  (EC)  No  1030/2002.  Finally,  the  proposal  obliges 
Member States to indicate in the residence permits issued for other purposes (e.g. family 
member) whether the third-country national has been given access to the labour market 
of that Member State. 

The  proposal  further  grants  rights  to  third-country  nationals  legally  working  in  the 
territory  of  a  Member  State  by  defining  fields  in  particular  employment  related  fields 
where equal treatment should be provided in the case of own nationals. Equal treatment 
with own nationals in principle would apply to all third-country workers legally residing 
and not yet holding long-term resident status. 

•  Legal basis 

The  provisions  of  this  Directive  aim  to  introduce  a  procedural  simplification  (single 
application  procedure  and  single  permit)  and  secure  the  legal  status  of  third-country 
workers legally residing in the territory of a Member State in the form of equal treatment, 
consequently the appropriate legal base is Article 63(3)(a) of the EC Treaty.  

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•  Subsidiarity principle 

The subsidiarity principle applies insofar as the proposal does not fall under the exclusive 
competence of the Community. 

The objectives of the proposal cannot be sufficiently achieved by the Member States for 
the following reason(s). 

If Member States act alone there is a risk that differences in treatment of third-country 
nationals  in  different  Member  States  will  be  maintained.  This  can  lead  to  distortion  of 
competition  within  the  single  market  and  can  result  in  secondary  movements  of  third-
country nationals to those Member States which grant more rights than others. As to the 
proposed  procedural  simplifications,  if  those  Member  States  who  still  use  parallel 
structures continue to do so, procedures to obtain a permit to stay and work will remain 
long and cumbersome for both the employer and the employee. 

Community  action  will  better  achieve  the  objectives  of  the  proposal  for  the  following 
reasons. 

Providing  equal  treatment  to  third-country  workers  in  a  Community  instrument  in 
employment-related fields comparable to own nationals would reduce unfair competition 
between EU citizens and third-country workers and serve as a safeguard for EU citizens 
protecting  the  latter  from  cheap  labour  and  migrants  from  exploitation.  In  addition 
granting a common set of rights through equal treatment in Community law would create 
a  level  playing  field  within  the  EU  for  all  third-country  nationals  legally  working 
irrespective of the Member State in which they stay. As regards the proposed procedural 
simplification  it  would  ease  the  administrative  requirements  for  third-country  workers 
and employers throughout the EU. 

Common action will ensure (1) more efficient procedures when handling an application; 
(2)  equal  treatment  in  employment-related  fields  for  workers  admitted  to  the  Member 
States; and (3) better integration of those workers.  

The  proposal  grants  rights  through  equal  treatment  in  employment  related  fields  as  a 
minimum  requirement.  Therefore,  it  does  not  interfere  with  Member  States'  right  to 
define the content of the actual rights. 

The  proposal  provides  only  for  a  minimum  level  of  harmonisation  as  regards  the 
proposed  procedural  simplification.  It  imposes  only  a  general  obligation  for  Member 
States  to  provide  for  a  "one-stop-shop"  system  and  a  general  prohibition  on  issuing 
additional documents - such as a work permit - and would not interfere in their internal 
procedures when handling an application. Further, as regards the format, it builds on the 
already  harmonised  format  for  residence  permits  as  laid  down  in  Regulation  (EC)  No 
1030/2002. 

The proposal, therefore, complies with the subsidiarity principle. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reason(s). 

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The  method  of  providing  rights  is  equal  treatment  and  the  procedural  simplification  is 
only a general obligation. 

Under Article 63 penultimate subparagraph of the EC Treaty, Member States are free to 
maintain or introduce measures other than those set out in the Directive provided they are 
compatible with the Treaty and with international agreements. 

•  Choice of instruments 

Proposed instruments: Directive. 

Other means would not be adequate for the following reason(s). 

A  Directive  is  the  appropriate  instrument  for  this  action:  it  sets  minimum  requirements 
concerning the rights and a general obligation to use a single application procedure for a 
single  permit  but  gives  Member  States  flexibility  when  incorporating  it  into  national 
legislation and enforcing it in practice.  

4) BUDGETARY IMPLICATION 

The proposal has no implication for the Community budget. 

5) ADDITIONAL INFORMATION 

•  Correlation table 

The Member States are required to communicate to the Commission the text of national 
provisions  transposing  the  Directive  as  well  as  a  correlation  table  between  those 
provisions and this Directive. 

•  Detailed explanation of the proposal 

Chapter I - General provisions 

Articles 1, 2 and 3 

This chapter lays down the purpose, the definitions and the scope of the Directive. Given 
the horizontal nature of this Directive and the aim to grant a common set of rights as a 
minimum  requirement  to  all  third  country  nationals  legally  residing  and  working  in  a 
Member State, the  term "third-country  worker" refers not  only  to  those  admitted to the 
territory  of  a  Member  State  for  the  purpose  of  work  and  but  also  to  those  who  were 
initially admitted for other purposes and were also given access to the labour market on 
the basis of Community or national provisions (e.g. family members, refugees, students, 
researchers).  In  the  specific  case  of  family  members  it  is  to  be  emphasized  that  this 
proposal  does  not  touch  upon  conditions  for  the  exercise  of  the  right  to  family 
reunification.  Once  however  a  family  member  is  admitted  to  a  Member  State  in 
accordance  with  Council  Directive  2003/86/EC  he/she  is  covered  by  the  this  Directive 
provided  he/she  can  be  considered  third-country  worker  in  accordance  with  the 
provisions of this Directive.  

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Exceptions from the scope of the proposal are provided in an exhaustive manner. Third-
country  nationals  who  are  posted  workers  in  accordance  with  Council  Directive 
1996/71/EC  are  excluded  from  the  scope  as  they  are  not  considered  part  of  the  labour 
market  of  the  Member  State  to  which  they  are  posted.  Intra-corporate  transferees, 
contractual  service  suppliers  and  graduate  trainees  under  the  European  Community's 
GATS commitments are not included following the same principle. Seasonal workers are 
also  not  covered  by  the  proposal  given  the  specificities  and  temporary  nature  of  their 
status.  Third-country  nationals  who  have  acquired  long-term  resident  status  are  also 
excluded from the personal scope of proposal given their more privileged status and their 
specific type of residence permit.  

Chapter II - A single application procedure and a single permit 

Article 4 

The  central  provision  is  the  general  obligation  to  examine  the  application  to  work  and 
reside in the territory of a Member State in a single application procedure - and if granted 
- to issue a single permit enabling the applicant to stay and work.  

Article 5 

A  competent  authority  is  to  be  designated  by  the  Member  States  to  receive  the 
application and issue the single permit. This designation is without prejudice to the role 
and responsibilities of other national authorities with regard to the examination of and the 
decision on the application. Furthermore, this designation to receive and issue the permit 
should  not  prevent  Member  States  from  appointing  other  authorities  where  the  third-
country  national  or  his/her  future  employer  can  lodge  the  application  (e.g.  consular 
offices) and where the permit can be delivered.  

Articles 6 and 7 

The  single  permit  is  to  take  the  harmonized  format  of  the  residence  permit  for  third-
country  nationals  in  accordance  with  Regulation  (EC)  No  1030/2002,  laying  down  a 
uniform format for residence permits for third-country nationals. This Regulation enables 
the Member States to add information in the relevant space of the uniform format as to 
whether  or  not  the  person  is  permitted  to  work.  This  present  proposal  obliges  Member 
States to indicate this information. Such an obligation does not only apply to the single 
permit which is issued for the purpose of residence and work, but also to all the issued 
residence permits irrespective of the type of the permit or the residence title (i.e. family 
reunification, study) if the third-country national concerned has been given access to the 
labour  market  of  that  Member  State.  There  is  a  general  prohibition  of  issuing  any 
additional permits.  

Articles 8, 9 and 10 

Among  the  procedural  guarantees  it  is  stipulated  that  reasons  must  be  given  for  a 
decision rejecting the application for a single permit so there is a clear explanation why 
national authorities have refused it. As this proposal does not define admission criteria of 
third-country nationals for the purpose of work, the conditions and criteria on the basis of 
which an application for a single permit can be rejected have to be laid down in national 

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law. One of the criteria is the obligation to respect the principle of Community preference 
as expressed in particular in the relevant provisions of the Acts of Accession of 2003 and 
2005. In the event of rejection the applicant has to have the right to a legal remedy to be 
specified in the written notification to the applicant. Further procedural guarantees are the 
obligation of Member States to inform the third country national or the future employer 
which documents are necessary for the applications for a single permit. Further the level 
of fees – if Member States request the applicant to pay them – must be proportionate and 
may based on the principle of the service actually provided. 

Article 11 

This  Article  states  rights  –  to  (re)-enter,  to  stay,  to  pass  through  –  on  the  basis  of  the 
single permit. These rights are of relevance especially in those Member States which do 
not apply the Schengen acquis in full.  

Chapter III - Right to equal treatment  

Article 12 

This  Article  grants  rights  to  third  country-workers  by  determining  fields  where  equal 
treatment with own nationals should be provided in the form of a minimum requirement 
without  prejudice  to  the  right  of  Member  States  to  adopt  or  maintain  provisions  which 
are more favourable. 

Equal  treatment  as  regards  education  and  vocational  training  includes  tuition  fees  at 
schools and universities. Member States however can restrict equal treatment as to study 
grants.  

The proposal grants equal treatment as regards the recognition of diplomas in accordance 
with national procedures. This provision refers also to the application of the provisions of 
Directive  2005/36/EC.  This  means  that  a  third-country  national  who  acquired 
qualifications in other Member States should have them recognised in the same way as 
for EU citizens and his/her qualifications acquired in a third country would be taken into 
account as specified in particular in Article 3(3) of the above mentioned Directive. 

Equal  treatment  as  regards  social  security  covers  the  benefits  defined  in  Article  4  of 
Council Regulation (EEC) No 1408/1971 on the application of social security schemes to 
employed persons and their families moving within the Community. Council Regulation 
(EC) No 859/2003 extended the provisions of Regulation (EEC) No 1408/1971 to third-
country nationals, but that only covered situations when a third-country national moved 
from one Member State to another. The provision on equal treatment concerning social 
security benefits in this proposal also apply to persons coming to a Member State directly 
from a third country.  

Equal treatment is provided as regards access to goods and services made available to the 
public  including  both  public  and  private-sector  housing.  Member  States  however  may 
restrict  that  right  as  regards  public  housing  to  third-country  nationals  who  have  been 
staying  or  who  have  the  right  to  stay  in  the  Member  State  concerned  for  at  least  three 
years.  Equal  treatment  as  regards  assistance  afforded  by  employment  offices  should 
include services afforded through EURES (European Employment Services). 

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Possible limitations to equal treatment 

Member  States  may  restrict  the  right  to  equal  treatment  in  some  cases  for  those  who 
actually are in employment. The explanation of this possible limitation is the following. 
The  main  purpose  of  the  proposal  is  to  grant  equal  treatment  to  third-country  workers 
who reside legally. The term "third country worker" however is defined in a way which 
includes all third-country nationals who have been admitted to the territory of a Member 
State  and  allowed  to  work  there.  This  would  mean  that  third-country  nationals  do  not 
even  have  to  be  in  actual  employment  in  order  to  be  covered  by  the  equal  treatment 
provisions of this proposal. Such a definition of third country workers was set in order to 
cover  situation,  which  are  prior  to  actually  being  employed  (recognition  of  diplomas, 
assistance afforded by employment services) or which follow employment on the basis of 
previous  contributions  (unemployment  benefit).  Nevertheless  most  of  the  rights  are  by 
definition  to  be  exercised  by  definition  in  employment.  In  any  event  the  right  to  any 
equal  treatment  is  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. 

Article 13 

The proposal is without prejudice to more favourable provisions in Community or mixed 
agreements that have been or are to be concluded with third countries to govern the legal 
situation  of  third-country  workers  such  as  the  EEA  agreement,  or  the  Association 
Agreement  with  Turkey.  Annex  4  of  the  Commission  Staff  Working  Paper  which 
accompanies this proposal provides an extensive list of these agreements. This exclusion 
is valid where the provisions concerned are related to the content of the proposal and it 
concerns  the  agreements  themselves,  decisions  taken  under  them  and  related  court 
decisions.  Furthermore,  the  proposal  is  also  without  prejudice  to  more  favourable 
international  instruments  under  the  Council  of  Europe  which  apply  to  third-country 
workers who are nationals of Council of Europe member countries (the European Social 
Charter  of  18  October  1961,  the  amended  European  Social  Charter  of  of  1996  and  the 
European Convention on the legal status of migrant workers of 24 November 1977). The 
proposal  should  also  be  without  prejudice  to  more  favourable  provisions  contained  in 
international conventions prohibiting discrimination on the basis of national origin such 
as the International Covenant on Economic, Social and Cultural Rights. Annex 5 of the 
Commission Staff Working Paper provides a list of such treaties specifying whether they 
have been ratified by all Member States.  

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2007/0229 (CNS) 

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 

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 proposal from the Commission, 

Having regard to the opinion of the European Parliament, 

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

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

Whereas: 

(1) 

(2) 

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. 

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.  

(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 

EN 

12 

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(4) 

(5) 

(6) 

(7) 

(8) 

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. 

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. 

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.  

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. 

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 nationals1, 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.  

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 
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. 

the  Schengen  Agreement  of  14  June  1985  between 

1 
2 
3 

OJ L 157, 15.6.2002, p. 1. 
OJ L 105, 13.4.2006, p. 1. 
OJ L 239, 22.9.2000, p. 19. 

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13 

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(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. 

(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 
reunification4,  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 service5 
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 research6. 

(11)  Third-country  nationals  who  have  acquired 

in 
accordance  with  Council  Directive  2003/109/EC  of  25  November  2003  on  the 
status of third-country nationals who are long-term residents7 are not covered by 
this  Directive  given  their  more  privileged  status  and  their  specific  type  of 
residence permit "long-term resident – EC".  

long-term  resident  status 

(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 services8 as long as they are posted 
to  a  Member  State  and  third-country  nationals  entering  a  Member  State  under 

4 
5 
6 
7 
8 

OJ L 251, 3.10.2003, p. 12. 
OJ L 375, 23.12.2004, p.12. 
OJ L 289, 3.11.2005, p.15. 
OJ L 16, 23.1.2004, p. 44. 
OJ L 18, 21.1.1997, p. 1. 

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14 

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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. 

(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. 

(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. 

(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 qualifications9.  

(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  Community10.  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 
nationality11  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. 

(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 

9 
10 
11 

OJ L 255, 30.9.2005, p. 22. 
OJ L 149, 5.7.1971, p. 2. 
OJ L 124, 20.5.2003, p. 1. 

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15 

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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. 

(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.  

(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  origin12  Council  Directive  2000/78/EC  of  27 
November  2000  establishing  a  general  framework  for  equal  treatment  in 
employment and occupation13. 

(20) 

(21) 

[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.] 

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, 

HAS ADOPTED THIS DIRECTIVE 

Chapter I 
General provisions 

Article 1 

Purpose 

The purpose of this Directive is to determine: 

12 
13 

OJ L 180, 19.7.2000, p. 22. 
OJ L 303,2.12.2000, p. 16 

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16 

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(a) 

(b) 

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  common  set  of  rights  to  third  country  workers  legally  residing  in  a  Member 
State. 

Article 2 

Definition 

For the purposes of this Directive: 

(a) 

(b) 

(c) 

(d) 

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

"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;  

"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;  

"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. 

Article 3 

Scope 

1. 

This Directive shall apply: 

a) 

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

b) 

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

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; 

(b) 

covered by Directive 96/71/EC 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-

EN 

17 

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corporate  transferees,  contractual  service  suppliers  and  graduate  trainees 
under the European Community's GATS commitments; 

(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;  

(e)  who  have  applied  for  recognition  as  refugees  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;  

(g)  who have acquired long-term resident status in accordance with Directive 

2003/109/EC; 

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

Chapter II 
Single application procedure and Single permit 

Article 4 

Single application procedure 

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

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. 

Article 5 

Competent authority 

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

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. 

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. 

1. 

2. 

1. 

2. 

EN 

18 

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3. 

4. 

1. 

2. 

1. 

2. 

1. 

2. 

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

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. 

Article 6 

Single permit 

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

Article 7 

Residence permits issued for purposes other than work 

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

Article 8 

Remedies 

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. 

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.  

EN 

19 

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Article 9 

Access to 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.  

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.  

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: 

(a) 

(b) 

(c) 

(d) 

(e) 

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

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

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;  

exercise of the activities authorised under the single permit;  

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

Chapter III 
Right to equal treatment 

Article 12 

1. 

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

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20 

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(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; 

(c) 

education and vocational training; 

(d) 

(e) 

recognition  of  diplomas,  certificates and  other  professional  qualifications 
in accordance with the relevant national procedures; 

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; 

(f) 

payment of acquired pensions when moving to a third country; 

(g) 

tax benefits; 

(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.  

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; 

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

grants; 

(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; 

(d)  by  restricting  the  rights  conferred  under  paragraphs  1(a),  (b)  and  (g)  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. 

EN 

21 

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Article 13 

More favourable provisions 

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. 

(b)  bilateral  or  multilateral  agreements  between  one  or  more  Member  States 

and one or more third countries; 

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 

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.  

Article 15 

Reporting 

1. 

2. 

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.  

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.  

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Article 16 

Transposition 

1. 

2. 

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. 

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. 

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 

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 

This Directive is addressed to the Member States. 

Done at Brussels,  

For the Council 
The President 

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