Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the conditions of entry and residence of third-country nationals for the purposes of seasonal employment
Date: 2010-07-13
Institutions: European Commission
Subjects: EU migration policy, admission of aliens, foreign national, labour law, migrant worker, residence permit, rights of aliens, seasonal employment, third country, work permit

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EUROPEAN COMMISSION 

Brussels, 13.7.2010 
COM(2010) 379 final 

2010/0210 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  

on the conditions of entry and residence of third-country nationals for the purposes of 
seasonal employment 

{SEC(2010) 887} 
{SEC(2010) 888} 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

•  Grounds for and objectives of the proposal 

This  proposal  forms  part  of  the  EU’s  efforts  to  develop  a  comprehensive  immigration 
policy. The Hague Programme of November 2004 recognised that ‘[l]egal 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’, and asked the Commission to present a policy plan on legal migration 
‘including admission procedures, capable of responding promptly to fluctuating demands 
for migrant labour in the labour market’.  

The  subsequent  December  2005  Commission  Communication  ‘A  Policy  Plan  on  Legal 
Migration’ (COM(2005) 669) provided for the adoption of five legislative proposals on 
labour  immigration,  including  a  proposal  for  a  directive  on  the  conditions  of  entry  and 
residence of seasonal workers, between 2007 and 2009. 

The European Pact on Immigration and Asylum, adopted by the European Council on 15 
and 16 October 2008, expresses the commitment of the European Union and its Member 
States  to  conduct  a  fair,  effective  and  consistent  policy  for  dealing  with  the  challenges 
and opportunities of migration.  

The Stockholm Programme adopted by the Council on 10-11 December 2009 reiterated 
the  Commission  and  Council’s  commitment  to  implementing  the  Policy  Plan  on  Legal 
Migration. 

The  proposals  regarding  highly  qualified  workers  (‘EU  Blue  Card’)  and  for  a  general 
framework  Directive  were  presented  in  October  20071.  The  Council  adopted  the  first 
proposal on 25 May 2009; the second one is currently under negotiation in the European 
Parliament  and  the  Council.  Both  texts  exclude  seasonal  workers  from  their  scope  of 
application. 

The present proposal responds to the above political mandates and aims to contribute to 
the implementation of the EU 2020 Strategy and to effective management of migration 
flows  for  the  specific  category  of  seasonal  temporary  migration.  It  sets  out  fair  and 
transparent  rules  for  entry  and  residence  while,  at  the  same  time,  it  provides  for 
incentives and safeguards to prevent a temporary stay from becoming permanent. 

•  General context 

EU economies face a structural need for seasonal work for which labour from within the 
EU is expected to become less and less available. As regards future skills shortages in the 
EU, traditional sectors will continue to play an important role and the structural need for 
low-skilled and low-qualified workers is likely to continue expanding. It should also be 
pointed out that there is a more permanent need for unskilled labour within the EU. It is 

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COM(2007) 637 and 638, 23.10.2007. 

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expected  to  be  increasingly  difficult  to  fill  these  gaps  with  EU  national  workers, 
primarily owing to the fact that these workers consider seasonal work unattractive. 

Further,  there  is  significant  evidence  that  certain  third-country  seasonal  workers  face 
exploitation  and  sub-standard  working  conditions  which  may  threaten  their  health  and 
safety.  

Lastly,  sectors  of  the  economy  that  are  characterised  by  a  strong  presence  of  seasonal 
workers — most notably agriculture, horticulture and tourism — are repeatedly identified 
as the sectors most prone to work undertaken by third-country nationals who are staying 
illegally. 

•  Existing provisions in the area of the proposal 

The only existing instrument at EU level that also addresses conditions for the admission 
of seasonal workers is the 1994 Council Resolution ‘on limitations on admission of third-
country nationals to the territory of the Member States for employment’2, adopted under 
Article K.1 of the Treaty. That resolution includes elements for a definition of seasonal 
workers (workers who ‘undertake well-defined jobs, normally fulfilling a traditional need 
in  the  Member  State  in  question’).  It  also  sets  the  maximum  duration  of  stay  at  six 
months  in  any  twelve-month  period  and  excludes  extensions  of  the  stay  for  a  different 
type of employment. 

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

•  Consistency with other EU policies and objectives 

The provisions in this proposal are consistent with and supportive of the objectives of the 
Commission  Communication  on  promoting  decent  work  for  all  (COM(2006)  249)  and 
the  goals  of  the  EU  2020  Strategy.  Setting  up  swift  and  flexible  admission  procedures 
and  securing  a  legal  status  for  seasonal  workers  can  act  as  a  safeguard  against 
exploitation  and  also  protects  EU  citizens  who  are  seasonal  workers  from  unfair 
competition.  

With  its  central  focus  on  eradication  of  poverty  and  achievement  of  the  millennium 
development  goals,  the  proposal  also  complies  with  the  EU’s  development  policy.  In 
particular, its provisions on circular migration of seasonal workers between the EU and 
their  countries  –  seasonal  workers  will  be  able  to  come  to  a  Member  State,  go  back  to 
their  countries  and  then  come  again  to  the  Member  State  –  would  facilitate  reliable 
inflows of remittances and transfer of skills and investment. As this type of migration is 
temporary, this Directive is not expected to lead to brain drain in emerging or developing 
countries.  

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OJ C 274, 19.9.1996, p. 3. 

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In  respect  of  the  employment-related  rights  of  third-country  seasonal  workers,  the 
proposal complies with the requirement that all EU policies should ensure a high level of 
human  health  protection.  It  observes  the  principles  recognised  by  the  Charter  of 
Fundamental  Rights  of  the  European  Union,  with  particular  regard  to  Article  12  on 
freedom of assembly and association, Article 21(2) on non-discrimination, Article 31 on 
fair  and  just  working  conditions,  Article  34  on  social  security  and  social  assistance, 
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 

The Green Paper on the EU approach to managing economic migration was the subject 
of a public consultation, which included a public hearing held on 14 June 2005. 

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

Analysis of the contributions received revealed general support for a common EU policy 
on economic immigration, albeit with important differences in respect of the approach to 
be followed and in the expected end result. Some elements emerged, such as the need for 
EU common rules regulating all immigration for employment or at least the conditions of 
admission  for  some  key  categories  of  economic  immigrants,  most  notably  highly 
qualified  workers  and  seasonal  workers.  These  two  categories  were  considered  vital  to 
EU competitiveness. Another clear request was to propose simple, non-bureaucratic and 
flexible solutions. As many Member States were not in favour of a horizontal approach, 
the  Commission  considered  that  a  sectoral  approach  was  more  appropriate  as  it  would 
respond better to the requests for flexibility. 

•  Collection and use of expertise 

There was no need for external expertise. 

•  Impact assessment 

The following options were considered: 

Option 1 — Status quo. Current developments in Member States and at EU level would 
continue  within  the  existing  legal  framework.  Employers  will  be  under  certain 
obligations resulting from the Directive on employer sanctions adopted on 18 June 2009, 
namely  as  regards  notifications  to  authorities  and  penalties  in  the  case  of  illegal 
employment. The effect of this option would be limited. 

Option 2 — Directive on entry and residence conditions of seasonal workers and rights. 
Common  rules  would  be  established,  including  the  definition  of  seasonal  work, 
admission  criteria,  maximum  duration  of  stay  as  a  seasonal  worker  and  provisions  on 

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equal  treatment  with  EU  national  seasonal  workers  with  respect  to  certain  socio-
economic rights such as freedom of association, right to social security, etc. This option 
would help to establish a common legal framework applicable to all employers in the EU 
and  to  prevent  exploitation.  However,  seasonal  workers  would  still  be  faced  with 
diverging and complex procedures for entry. 

Option 3 — Directive laying down common admission procedures. In addition to option 
2,  a  single  work  and  residence  permit  for  third-country  seasonal  workers  would  be 
introduced, to be issued in a single procedure. Provisions would be made for facilitating 
re-entry of a seasonal worker in subsequent  seasons.  Hiring  procedures  would  be  more 
efficient, and a more predictable workforce would be available for EU employers.  

Option  4  —  Directive  on  measures  to  ensure  effective  return.  Measures  would  include 
limitation  of  the  length  of  stay,  and  an  explicit  obligation  to  return  at  the  end  of  the 
period. Overstaying of seasonal workers would be prevented to some extent. Effects on 
the functioning of the EU labour market would be marginal. Seasonal workers would still 
be faced with diverging and complex entry procedures. 

Option  5  —  Communication,  coordination  and  cooperation  among  Member  States.  No 
new legislation would be introduced, but complementary and supporting activities would 
be undertaken with a view to approximating Member States’ practices. Effects would be 
limited,  as  the  measures  would  not  be  binding;  potential  seasonal  workers  and  their 
prospective  employers  would  continue  to  face  an  array  of  different  rules  for  admission 
and different rights would be granted to seasonal workers during their residence. 

Comparing the options and their impacts, the preferred option is a combination of options 
2,  3  and  4.  Common  admission  standards  with  simplified  entry  procedures  and  the 
prospect of returning in a subsequent season (options 2 and 3) will provide for flexible 
admission to endow the EU labour market with the necessary resources. Elements from 
option  4  should  help  ensure  the  return  of  the  seasonal  worker  and  thus  prevent 
overstaying. 

The  Commission  carried  out  an  impact  assessment  listed  in  the  Work  Programme, 
accessible at […to be added…]. 

3. 

LEGAL ASPECTS OF THE PROPOSAL 

•  Summary of the proposed action 

The  proposal  establishes  a  fast-track  procedure  for  the  admission  of  third-country 
seasonal workers, based on a common definition and common criteria, in particular the 
existence  of  a  work  contract  or  a  binding  job  offer  that  specifies  a  salary  equal  to  or 
above  a  minimum  level.  Seasonal  workers  will  be  issued  with  a  residence  permit 
allowing  them  to  work  for  a  specified  maximum  period  per  calendar  year.  Provision  is 
also made for facilitating the re-entry of a seasonal worker in a subsequent season. 

In  order  to  prevent  exploitation  and  protect  the  safety  and  health  of  third-country 
seasonal  workers,  legal  provisions  applying  to  working  conditions  are  clearly  defined. 
Also,  employers  are  required  to  provide  evidence  that  the  seasonal  worker  will  have 

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appropriate accommodation during his/her stay and that provision is made for facilitation 
of complaints. 

To  prevent  overstaying  of  third-country  seasonal  workers,  a  maximum  duration  of  stay 
per calendar year is laid down as well as the explicit obligation to return after that period; 
there is no possibility of status change. 

•  Legal basis 

This proposal concerns conditions of entry and residence, and standards on the issue by 
Member States of residence permits and the definition of rights of third-country nationals 
residing legally in a Member State. Consequently,  the appropriate legal basis is Article 
79(2)(a) and (b) of the Treaty on the Functioning of the European Union. 

•  Subsidiarity principle 

The principle of subsidiarity applies. The principle requires that the Union does not take 
action in areas of shared competence unless ‘the objectives of the proposed action cannot 
be sufficiently achieved by the Member States, either at central level or at regional and 
local  level,  but  can  rather,  by  reason  of  the  scale  or  effects  of  the  proposed  action,  be 
better achieved at Union level’ (Article 5(3) of the Treaty on European Union).  

The legitimacy of the EU action in this field derives from the following: 

–  The  need  for  seasonal  workers  is  a  common  occurrence  in  most  Member  States.  In 
addition, although third-country workers enter a specific Member State within the EU, 
a Member State’s decision on the rights of third-country nationals could affect other 
Member States, and possibly cause distortions of migratory flows. 

–  The  Schengen  area  without  internal  borders  requires  a  common  discipline  (common 
minimum  rules)  to  reduce  the  risk  of  overstaying  and  illegal  entries  that  may  be 
caused by/result from lax and diverse rules on the admission of seasonal workers.  

–  Exploitation  and  sub-standard  working  conditions  of  third-country  seasonal  workers 
need to be overcome by granting certain socio-economic rights in a binding, and thus 
enforceable,  EU-level  instrument.  This  is  in  line  with  the  call  made  by  the  1999 
Tampere European Council for third-country nationals to be granted fair treatment and 
a secure legal status. 

–  With respect to the external aspects of migration policy, an EU instrument on seasonal 
workers  is  crucial  for  effective  cooperation  with  third  countries  and  for  further 
deepening of the global approach. This is so for two reasons. First, such an instrument 
would allow the EU to remove obstacles to legal migration by low/un-skilled workers 
and,  second,  it  may  prove  instrumental  in  strengthening  the  commitment  of  third 
countries to tackling irregular immigration. 

It follows that the present proposal complies with the principle of subsidiarity. 

Furthermore,  in  accordance  with  Article  79(5)  of  the  Treaty  on  the  Functioning  of  the 
European Union, the proposal respects the right of the Member States to determine the 
numbers  of  economic  migrants  coming  from  third  countries  to  their  territory.  Thus,  it 

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remains up to the respective Member State to assess whether it has an economic need for 
the admission of third-country seasonal workers. 

•  Proportionality principle 

The  principle  of  proportionality  applies.  That  principle  stipulates  that  ‘the  content  and 
form of Union action shall not exceed what is necessary to achieve the objectives of the 
Treaties’ (Article 5(4) of the Treaty on European Union).  

The proposal complies with the proportionality principle for the following reasons: 

–  The  instrument  chosen  is  a  Directive,  which  gives  Member  States  a  high  degree  of 
flexibility  in  terms  of  implementation.  The  form  of  action  does  not  exceed  what  is 
necessary  to  achieve  the  aim  to  regulate  seasonal  migration  flows  effectively.  Non-
binding measures would have too limited an effect as potential third-country seasonal 
workers and their prospective employers would continue to face an array of different 
rules for entry and residence and different levels of rights would be granted during the 
residence. 

–  The content of the action is limited to what is necessary to achieve the above aim. The 
proposed rules concern admission conditions, procedure and permit, as well as rights 
of  seasonal  workers,  that  is,  the  areas  that  constitute  elements  of  a  common 
immigration policy under Article 79 of the Treaty on the Functioning of the European 
Union. The proposal constitutes a relatively small change from the status quo in terms 
of both the legislative action required and the burden on prospective employers. Some 
Member States may have increased burdens resulting from the need to set up (more) 
specific rules, but these are justified in view of the objectives of the present proposal 
and the structural demand for this category of third-country workers. As stated above, 
it will remain for Member States to determine the volumes of third-country national 
seasonal workers admitted. 

•  Choice of instrument 

3Proposed instrument: a directive. 

A  directive  is  the  appropriate  instrument  for  this  action  as  it  sets  binding  minimum 
standards but, at the same time, gives Member States the necessary flexibility in respect 
of labour market needs and the existing legal framework. 

4. 

BUDGETARY IMPLICATIONS 

The proposal has no implications for the EU budget. 

5. 

ADDITIONAL INFORMATION 

•  Review clause 

The proposal includes a review clause. 

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•  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 the Directive. 

•  Detailed explanation of the proposal 

Chapter I: General provisions 

Article 1  

The  purpose  of  the  proposal  is  to  introduce  a  special  procedure  for  the  entry  and 
residence  of  third-country  nationals  applying  to  reside  in  the  EU  for  seasonal 
employment, and to define the rights of seasonal workers. 

Article 2 

The provisions of the proposal only apply to third-country nationals who reside outside 
the territory of the Member States. There is no provision for applications for employment 
as seasonal workers from within a Member State. It is therefore not necessary to provide 
for  exceptions  from  the  scope  of  the  proposal  for  certain  categories  of  third-country 
nationals who are legally staying in a Member State.  

However, this will not affect the right of third-country nationals who are already legally 
staying  in  a  Member  State  to  exercise  their  right  to  work,  including  seasonal 
employment.  Such  a  right  will  not  be  exercised  under  the  conditions  set  out  in  this 
proposal. 

The  proposal  does  not  apply  to  third-country  nationals  posted  by  undertakings 
established in a Member State in the framework of a provision of services in accordance 
with Directive 96/71/EC. 

Article 3 

The notion of seasonal work is distinguished from regular, permanent work in particular 
by  higher  workforce  requirements  linked  to  an  event  or  pattern  of  events,  such  as  the 
planting  or  harvesting  period  in  agriculture,  or  the  holiday  period  in  tourism  including 
events, festivals, biennales or long term exhibitions in culture. 

Member  States  may  determine  specific  sectors  of  the  economy  that  meet  the  above 
criteria for seasonal work. 

Article 4 

The proposal allows Member States to grant more favourable conditions only in relation 
to certain specific provisions that concern the procedural safeguards, the level of rights 
granted  to  seasonal  workers,  as  well  as  provisions  relating  to  accommodation  and 
facilitation of complaints.  

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Chapter II: Conditions of admission 

Article 5  

This Article sets out the criteria that a third-country national seasonal worker and his/her 
employer must fulfil. As the admission  is demand-driven,  a work contract  or  a  binding 
job offer must be presented. It was considered necessary to require that the work contract 
or  the  binding  job  offer  should  specify  a  level  of  remuneration  in  order  to  allow  the 
competent authorities to assess whether the proposed remuneration is comparable to that 
paid for the respective activity in the Member State concerned. This is vital in order to 
avoid an unfair advantage for the employer and exploitative working conditions for the 
seasonal worker.  

The  work  contract  must  also  specify  the  working  hours  per  week  or  month.  This 
requirement should: 

–  ensure  that  employers  only  request  third-country  seasonal  workers  in  case  of  real 

economic need (sufficient employment capacities); 

–  serve as a guarantee of a certain, fixed level of remuneration for the seasonal workers, 

and, when applicable, other relevant working conditions such as insurances; 

–  enable efficient control by the competent authorities before admission.  

The  application  must  also  include  evidence  that  the  respective  seasonal  worker  will 
benefit from appropriate accommodation.  

Articles 6 and 7 

The  proposal  does  not  create  a  right  to  admission.  These  provisions  lay  down  the 
mandatory and possible grounds for refusal as well as for withdrawal and non-renewal, 
including  non-fulfilment  of  the  admission  criteria,  the  existence  of  quotas  and  the 
possibility for the Member States to carry out a labour market test.  

The  principle  of  EU  preference,  as  expressed  in  the  relevant  provisions  of  the  Acts  of 
Accession  of  2003  and  2005,  constitutes  EU  primary  law,  and  therefore  the  Directive 
must be applied in conformity with the Acts of Accession by those Member States that 
still make use of the transitional arrangements.  

Chapter III: Procedure and permit 

Article 8 

Member  States  are  required  to  ensure  that  the  relevant  information  about  conditions  of 
entry and residence, including the rights granted to third-country seasonal workers, and 
about all the documentary evidence necessary for lodging the application are available to 
prospective third-country seasonal workers and their employers.  

Article 9 

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The Member States have to determine whether applications are to be lodged by the third-
country national or by his or her prospective employer.  

The  Member  States  are  also  required  to  designate  a  competent  authority  to  receive  the 
application  and  issue  the  permit.  This  designation  is  without  prejudice  to  the  role  and 
responsibilities  of  other  national  authorities  with  regard  to  the  examination  of  and 
decision on the application. Furthermore, the designation to receive and issue the permit 
should not prevent Member States from appointing other authorities with which the third-
country national or his/her prospective employer can lodge the application (e.g. consular 
offices) and which have the authority to issue the permit.  

The  application  to  reside  and  work  as  a  seasonal  worker  must  be  submitted  in  a  single 
application procedure.  

Article 10 

Third-country  nationals  for  whom  a  positive  decision  has  been  taken  by  the  Member 
State concerned must receive a seasonal worker permit.  

The residence permit with the indication ‘seasonal worker’ must allow both the residence 
and the exercise of the specific seasonal work authorised, without an additional permit, in 
particular a work permit, being necessary. Accordingly, for periods of stay below three 
months,  Member  States  must  issue  a  visa  that  will  also  entitle  the  seasonal  worker  to 
exercise the specific employment activity for which he/she was admitted. 

Article 11 

The  maximum  period  of  stay  is  set  at  six  months  in  any  calendar  year.  Such  strict 
limitation of the duration of stay should contribute to ensuring that third-country national 
workers admitted under this Directive are actually employed for work that is genuinely 
seasonal and not for regular work.  

Explicit provision is made that within the maximum duration of stay an extension of the 
contract or a change of employer for seasonal work is possible. This is important for the 
reason  that  seasonal  workers  who  are  tied  to  a  single  employer  may  face  the  risk  of 
abuses. Also, the  possibility to extend the stay within the specified  period  of  time  may 
reduce the risk of overstaying. Finally, extension allows higher earnings and remittances 
sent by third-country seasonal workers which, in turn, can contribute to the development 
of their countries of origin.  

Article 12 

The purpose of this provision is to promote circular migration of third-country national 
seasonal  workers,  that  is,  their  movement  between  a  third  country  and  the  EU  for 
temporary stay and work in the latter. Such type of migration will potentially benefit the 
country of origin, the EU host country and the seasonal worker him/herself. Accordingly, 
Member  States  have  the  choice  of  either  issuing  multi-seasonal  permits  or  applying  a 
facilitated  procedure.  Multi-seasonal  permits  cover  up  to  three  seasons  and  are  thus 
appropriate  for  sectors  where  the  labour  market  needs  remain  stable  over  a  period  of 
time.  

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A  third-country  national  who  did  not  comply  with  the  obligations  linked  to  a  previous 
stay as a seasonal worker is to be excluded from admission as a seasonal worker for one 
or more subsequent years.  

An employer who has not fulfilled obligations resulting from the work contract must be 
subjected to sanctions and excluded from the possibility to apply for seasonal workers for 
at least one year.  

Article 13 

A  fast-track  procedure  (30  days)  is  provided  for  examining  applications.  Procedural 
guarantees  include  the  possibility  of  a  legal  challenge  against  a  decision  rejecting  an 
application  as  well  as  the  requirement  for  the  authorities  to  give  reasons  for  such 
decision. 

Article 14 

Member States are to require employers of seasonal workers to provide evidence that the 
seasonal worker will have accommodation ensuring an adequate standard of living. This 
covers  cases  where 
to  provide  accommodation  and  where 
accommodation is to be provided by a third party. 

the  employer 

is 

Chapter IV: Rights 

Article 15 

A  seasonal  worker  permit  entitles  its  holder  to  enter  and  reside  on  the  territory  of  the 
Member  State  which  has  issued  the  permit  and  to  exercise  the  employment  activity 
authorised by the permit. 

Article 16 

This  Article  defines  the  working  conditions,  including  pay,  dismissal  and  health  and 
safety  requirements  at  the  workplace  applicable  to  seasonal  workers  in  order  to  ensure 
legal certainty.  

The  Article  also  grants  rights  to  third-country  seasonal  workers  by  determining  fields 
where equal treatment with own nationals should be ensured in the form of a minimum 
requirement  without  prejudice  to  the  right  of  Member  States  to  adopt  or  maintain 
provisions which are more favourable. Accordingly, equal treatment applies in respect of 
freedom  of  association  and  affiliation  and  membership  of  an  organisation  representing 
workers.  

Equal treatment also applies to social security and covers the benefits defined in Article 3 
of  Regulation  (EC)  No  883/04  on  the  coordination  of  social  security  systems.  Such 
provisions are intended to establish common rules within the EU; to recognise that third-
country  national  seasonal  workers  legally  working  in  a  Member  State  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  that  may 
result from possible exploitation of the latter. 

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Article 17 

To  make  enforcement  more  effective,  complaints  mechanisms  should  be  put  in  place. 
They should be open not only to third-country seasonal workers, but also to designated 
third  parties.  This  is  so  for  the  reason  that  evidence  suggests  that  seasonal  workers  are 
often  either  not  aware  of  the  existence  of  such  mechanisms  or  they  are  hesitant  to  use 
them  in  their  own  name,  as  they  are  afraid  of  the  consequences  in  terms  of  future 
employment  possibilities.  A  comparable  provision  is  laid  down  in  Article 9(2)  of 
Directive  2000/78/EC  establishing  a  general  framework  for  equal  treatment  in 
employment and occupation.  

Chapter V: Final provisions  

This Chapter regulates the obligations of Member States concerning sharing the relevant 
statistical data  and the  information  resulting from transposition of the Directive. It also 
specifies the reporting obligations of the European Commission and stipulates the date on 
which the Directive enters into force.  

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2010/0210 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the conditions of entry and residence of third-country nationals for the purposes of 
seasonal employment 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the European Commission3, 

After transmission of the draft legislative act to the national Parliaments, 

Having regard to the opinion of the European Economic and Social Committee4, 

Having regard to the opinion of the Committee of the Regions5, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

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  Hague  Programme,  adopted  by  the  European  Council  on  4  and  5  November 
2004,  recognised  that  legal  migration  will  play  an  important  role  in  advancing 
economic development, and asked the Commission to present a policy plan on legal 
migration,  including  admission  procedures,  capable  of  responding  promptly  to 
fluctuating demands for migrant labour in the labour market.  

The European Council of 14 and 15 December 2006 agreed on a series of steps for 
2007,  which  include  the  development  of  well-managed  legal  immigration  policies 
that fully respect national competences, in order to assist Member States in meeting 
existing and future labour needs. It also called for means to be explored to facilitate 
temporary migration. 

(4) 

The  European  Pact  on  Immigration  and  Asylum,  adopted  by  the  European  Council 
on 15 and 16 October 2008, expresses the commitment of the European Union and 

3 
4 
5 

OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 

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(5) 

(6) 

(7) 

(8) 

(9) 

its Member States to conduct a fair, effective and consistent policy for dealing with 
the challenges and opportunities of migration. The Pact forms the basis of a common 
immigration  policy  guided  by  a  spirit  of  solidarity  between  Member  States  and 
cooperation  with  third  countries  and  founded  on  proper  management  of  migratory 
flows, in the interests not only of the host countries but also of the countries of origin 
and of the migrants themselves. 

The Stockholm Programme, adopted by the European Council at its meetings of 10 
and  11  December  2009,  recognises  that  labour  immigration  can  contribute  to 
increased  competitiveness  and  economic  vitality  and  that,  in  the  context  of  the 
important  demographic  challenges  that  will  face  the  EU  in  the  future  with  an 
increased  demand  for  labour,  flexible  immigration  policies  will  make  an  important 
contribution to the Union's economic development and performance in the long term. 
It  invites  the  European  Commission  and  the  European  Council  to  continue 
implementing the Policy Plan on Legal Migration6. 

This Directive should contribute to the effective management of migration flows for 
the  specific  category  of  seasonal  temporary  migration  by  setting  out  fair  and 
transparent  rules  for  admission  and  stay,  while  at  the  same  time  providing  for 
incentives  and  safeguards  to  prevent  temporary  stay  from  becoming  permanent.  In 
addition,  the  rules  laid  down  in  Directive  2009/52/EC  of  the  European  Parliament 
and  of  the  European  Council  providing  for  minimum  standards  on  sanctions  and 
measures  against  employers  of  illegally  staying  third-country  nationals7  will 
contribute to avoiding such temporary stay turning into illegal stay. 

This Directive should be applied without prejudice to the principle of EU preference 
as  regards  access  to  Member  States’  labour  market  as  expressed  in  the  relevant 
provisions of Acts of Accession. 

This  Directive  should  be  without  prejudice  to  the  right  of  the  Member  States  to 
determine  the  volumes  of  admission  of  third-country  nationals  coming  from  third 
countries  to  their  territory  for  the  purposes  of  seasonal  work  as  specified  in 
Article 79(5) of the Treaty on the Functioning of the European Union. 

This  Directive  should  not  affect  conditions  of  the  provision  of  services  in  the 
framework of Article 56 of the TFEU. In particular, this Directive should not affect 
the  terms  and  conditions  of  employment  which,  pursuant  to  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, apply to workers 
posted by an undertaking established in a Member State to provide a service in the 
territory of another Member State. 

(10) 

Activities dependent on the passing of the seasons are typically to be found in sectors 
such as agriculture, during the planting or harvesting period, or tourism, during the 
holiday period. 

6 
7 
8 

COM(2005) 669. 
OJ L 168, 30.6.2009, p. 24. 
OJ L 18, 21.1.1997, p. 1. 

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(11) 

(12) 

(13) 

It  should  only  be  possible  to  apply  for  admission  as  a  seasonal  worker  while  the 
applicant is residing outside the territory of the Member States.  

The Directive should not affect, where granted, the rights of third-country nationals 
already legally staying in a Member State to work. 

The  Directive  should  provide  for  a  flexible  entry  system  based  on  demand  and 
objective criteria, such as a valid work contract or a binding job offer that specifies 
the level of remuneration applicable to seasonal workers in the sector concerned. 

(14)  Member States should have the possibility to apply a test demonstrating that a post 

cannot be filled from within the domestic labour market. 

(15) 

(16) 

(17) 

(18) 

(19) 

(20) 

Provision  for  a  single  procedure  leading  to  one  combined  document  encompassing 
both residence and work permit, should contribute to simplifying the rules currently 
applicable  in  Member  States.  This  should  not  affect  the  right  of  Member  States  to 
determine the national authorities and the way they should be involved in the single 
procedure,  in  accordance  with  national  specificities  of  administrative  organisation 
and practice.  

The duration of stay should be limited to a maximum period per calendar year which, 
together  with  the  definition  of  seasonal  work,  should  ensure  that  the  work  is  of 
genuinely  seasonal  nature.  Provision  should  be  made  that  within  that  maximum 
duration of stay, an extension of the contract or change of employer is possible. This 
should  serve  to  reduce  risks  of  abuses  that  seasonal  workers  may  face  if  tied  to  a 
single employer and at the same time provide for a flexible response to employers’ 
actual workforce needs. 

Circular migration of third-country national seasonal workers should be promoted. In 
order  for  seasonal  workers  to  have  employment  prospects  in  the  EU  for  periods 
beyond a single season and for EU employers to be able to rely on a more stable and 
already  trained  workforce,  the  possibility  of  access  to  seasonal  employment  for 
several consecutive years should be provided, either through a multi-seasonal worker 
permit  or  a  facilitated  procedure.  This  procedure  should  include  preference  over 
admissions of third-country nationals applying to be admitted as seasonal workers for 
the  first  time  or  reduced  processing  times,  or  less  documentary  evidence  being 
required. 

A set of rules governing the procedure for examining applications for admission as a 
seasonal  worker  should  be  laid  down.  Those  procedures  should  be  effective  and 
manageable, 
the  normal  workload  of  Member  States’ 
administrations,  as  well  as  transparent  and  fair,  in  order  to  offer  appropriate  legal 
certainty to those concerned. 

taking  account  of 

In order to ensure that seasonal workers have adequate accommodation during their 
stay, including at a reasonable cost, provision should be made to require employers 
to provide the evidence of the accommodation they or third-parties provide. 

Considering  the  specially  vulnerable  situation  of  third-country  national  seasonal 
workers  and  the  temporary  nature  of  their  assignment,  there  is  a  need  to  define 
clearly  the  working  conditions  applicable  to  such  workers  in  order  to  ensure  legal 
certainty  by  referring  such  conditions  to  generally  binding  instruments  providing 

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(21) 

(22) 

(23) 

(24) 

(25) 

(26) 

(27) 

effective  protection  of  the  rights  of  third-country  seasonal  workers,  such  as  law  or 
universally applicable collective agreements.  

In  the  absence  of  a  system  for  declaring  collective  agreements  of  universal 
application, Member States may base themselves on collective agreements which are 
generally  applicable  to  all  similar  undertakings  in  the  geographical  area  and  in  the 
profession  or  industry  concerned,  and/or  collective  agreements  which  have  been 
concluded by the most representative employers' and labour organisations at national 
level and which are applied throughout national territory.  

Third-country national seasonal workers should be granted equal treatment in respect 
of those branches of social security listed in Article 3 of Regulation (EC) No 883/04 
on the coordination of social security systems. This Directive should not confer more 
rights  than  those  already  provided  in  existing  EU  legislation  in  the  field  of  social 
security for third-country nationals who have cross-border interests between Member 
States.  Furthermore,  this  Directive  should  not  grant  rights  in  relation  to  situations 
which  lie  outside  the  scope  of  that  EU  legislation  such  as,  for  example,  to  family 
members  residing  in  a  third  country.  This  is  without  prejudice  to  the  non 
discriminatory application by Member States of national legislation providing for de 
minimis rules on contributions to pension systems. 

To  facilitate  enforcement,  relevant  designated  third  parties  such  as  trade  unions  or 
other  associations  should  be  able  to  lodge  complaints  in  order  to  ensure  effective 
application of the Directive. This is considered necessary to address situations where 
seasonal  workers  are  unaware  of  the  existence  of  enforcement  mechanisms  or 
hesitant to use these in their own name, out of fear of possible consequences.  

Since  the  objectives,  namely  the  introduction  of  a  special  admission  procedure  and 
the  adoption  of  conditions  on  entry  and  residence  for  the  purpose  of  seasonal 
employment by third-country nationals, cannot be sufficiently achieved by Member 
States  and  can  therefore  be  better  achieved  at  Union  level,  the  Union  may  adopt 
measures in accordance with the subsidiarity principle as set out in Article 5 of the 
Treaty on 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. 

This Directive respects the fundamental rights and observes the principles recognised 
in particular by the Charter of Fundamental Rights of the European Union. 

In accordance with Articles 1 and 2 of Protocol (No 21) on the position of the United 
Kingdom  and  Ireland  in  respect  of  the  Area  of  Freedom,  Security  and  Justice, 
annexed to the Treaty on European Union and to the Treaty on the Functioning of the 
European Union, and without prejudice to Article 4 of that Protocol, those Member 
States are not taking part in the adoption of this Directive, and are not bound by it or 
subject to its application. 

In accordance with Articles 1 and 2 of Protocol (No 22) on the position of Denmark 
annexed to the Treaty on European Union and to the Treaty on the Functioning of the 
European Union, Denmark is not taking part in the adoption of this Directive, and is 
not bound by it or subject to its application, 

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HAVE ADOPTED THIS DIRECTIVE: 

CHAPTER I 
GENERAL PROVISIONS 

Article 1 
Subject-matter 

This Directive determines the conditions of entry and residence of third-country nationals for 
the purposes of employment as seasonal workers and defines the rights of seasonal workers.

Article 2 
Scope 

1. 

2. 

This Directive shall apply to third-country nationals who reside outside the territory 
of the Member States and apply to be admitted to the territory of a Member State for 
the purpose of employment as seasonal workers. 

This  Directive  shall  not  apply  to  third-country  nationals  who  are  carrying  out 
activities  on  behalf  of  undertakings  established  in  another  Member  State  in  the 
framework of a provision of services within the meaning of Article 56 of the Treaty 
on  the  Functioning  of  the  European  Union,  including  those  posted  by  undertakings 
established  in  a  Member  State  in  the  framework  of  a  provision  of  service  in 
accordance with Directive 96/71/EC. 

Article 3 
Definitions 

For the purposes of this Directive, the following definitions shall apply: 

(a) 

(b) 

(c) 

(d) 

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

‘seasonal  worker’  means  a  third-country  national  who  retains  a  legal  domicile  in  a 
third country but resides temporarily for the purposes of employment in the territory 
of  a  Member  State  in  a  sector  of  activity  dependent  on  the  passing  of  the  seasons, 
under one or more  fixed-term  work contracts concluded directly  between the  third-
country national and the employer established in a Member State; 

‘activity dependent on the passing of the seasons’ means an activity that is tied to a 
certain time of the year by an event or pattern during which labour levels are required 
that are far above those necessary for usually ongoing operations; 

‘seasonal  worker  permit’  means  the  authorisation  bearing  the  words  ‘seasonal 
worker’  entitling  its  holder  to  reside  and  work  in  the  territory  of  a  Member  State 
under the terms of this Directive;  

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(e) 

(f) 

‘single  application  procedure’  means  a  procedure  leading,  on  the  basis  of  one 
application for the authorisation of a third-country national’s residence and work in 
the territory of a Member State, to a decision on the application; 

‘universally  applicable  collective  agreement’  means  a  collective  agreement  which 
must be observed by all undertakings in the geographical area and in the profession 
or industry concerned. In the absence of a system for declaring collective agreements 
to be of universal application, Member States may, if they so decide, base themselves 
on collective agreements which are generally applicable to all similar undertakings in 
the geographical area and in the profession or industry concerned, and/or collective 
agreements  which  have  been  concluded  by  the  most  representative  employers'  and 
labour  organisations  at  national  level  and  which  are  applied  throughout  national 
territory. 

Article 4 
More favourable provisions 

1. 

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

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

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

States and one or more third countries. 

2. 

This  Directive  shall  not  affect  the  right  of  Member  States  to  adopt  or  retain  more 
favourable provisions for persons to whom it applies in respect of Articles 13 to 17 
of this Directive. 

CHAPTER II 
CONDITIONS OF ADMISSION 

Article 5 
Criteria for admission 

1. 

Applications for admission to a Member State under the terms of this Directive shall 
be accompanied by the following documents: 

(a) 

a valid work contract or, as provided for in national law, a binding job offer to 
work  as  a  seasonal  worker  in  the  Member  State  concerned  with  an  employer 
established in the Member State that specifies the rate of pay and the working 
hours  per  week  or  month  and,  when  applicable,  other  relevant  working 
conditions; 

(b) 

a  valid  travel  document,  as  determined  by  national  law.  Member  States  may 
require  the  period  of  the  validity  of  the  travel  document  to  cover  at  least  the 
duration of the residence permit; 

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(c) 

evidence  of  having  or,  if  provided  for  by  national  law,  having  applied  for 
sickness  insurance  for  all  the  risks  normally  covered  for  nationals  of  the 
Member  State  concerned  for  periods  where  no  such  insurance  coverage  and 
corresponding entitlement to benefits are provided in connection with, or as a 
result of, the work contract; 

(d) 

evidence of having accommodation as set out in Article 14. 

Member States shall require that the seasonal worker will have sufficient  resources 
during  his/her  stay  to  maintain  him/herself  without  having  recourse  to  the  social 
assistance system of the Member State concerned. 

Third-country nationals who are considered to pose a threat to public policy, public 
security or public health shall not be admitted for the purposes of this Directive. 

Article 6 
Grounds for refusal 

Member  States  shall  reject  an  application  for  admission  to  a  Member  State  for  the 
purposes of this Directive whenever the conditions set out in Article 5 are not met or 
whenever the documents presented have been fraudulently acquired, or falsified, or 
tampered with. 

Member  States  may  verify  whether  the  vacancy  concerned  could  not  be  filled  by 
national or EU, or by third-country nationals lawfully residing in the Member State 
and  already  forming  part  of  its  labour  market  by  virtue  of  EU  or  national  law  and 
reject the application. 

Member  States  may  reject  an  application  if  the  employer  has  been  sanctioned  in 
conformity with national law for undeclared work and/or illegal employment. 

Member States may reject an application on the grounds of volumes of admission of 
third-country nationals.  

Article 7 
Withdrawal or non-renewal of the permit 

Member  States  shall  withdraw  or  refuse  to  renew  the  permit  issued  on  the  basis  of 
this Directive in the following cases: 

(a)  when it has been fraudulently acquired, or has been falsified, or tampered with; 

or 

2. 

3. 

1. 

2. 

3. 

4. 

1. 

(b)  where the holder is residing for purposes other than those for which he/she was 

authorised to reside. 

2. 

Member  States  may  withdraw  or  refuse  to  renew  the  permit  issued  on  the  basis  of 
this Directive in the following cases:  

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(a)  wherever the conditions laid down in Article 5 were not met or are no longer 

met; 

or 

(b) 

for reasons of public policy, public security or public health. 

CHAPTER III 
PROCEDURE AND PERMIT 

Article 8 
Access to information 

Member States shall take the necessary measures to make available information on conditions 
of  entry  and  residence,  including  rights  and  all  documentary  evidence  needed  for  an 
application to reside and work in the territory of a Member State as a seasonal worker. 

Article 9 
Applications for admission 

Member  States  shall  determine  whether  an  application  is  to  be  made  by  the  third-
country national or by the employer. 

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

The application to reside and work in the territory of a Member State as a seasonal 
worker shall be submitted in a single application procedure. 

The Member State concerned shall grant the third-country national whose application 
for admission has been accepted every facility to obtain the requisite visa. 

Article 10 
Seasonal worker permit 

For stays exceeding three months, seasonal workers who fulfil the admission criteria 
as set out in Article 5 and for whom the competent authorities have taken a positive 
decision shall be issued with a seasonal worker permit.  

The  seasonal  worker  permit  shall  be  issued  by  the  competent  authorities  of  the 
Member  States  using  the  format  as  laid  down  in  Council  Regulation  (EC)  No 
1030/20029.  In  accordance  with  point  (a)  6.4  of  the  Annex  to  that  Regulation, 
Member States shall enter ‘seasonal worker’ under the heading ‘type of permit’. 

Member States shall not issue any additional documents to the holder of the seasonal 
worker permit as proof of the access given to the labour market. 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

9 

OJ L 157, 15.6.2002, p. 1. 

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Article 11 
Duration of stay 

1. 

2. 

Seasonal  workers  shall  be  allowed  to  reside  for  a  maximum  of  six  months  in  any 
calendar year, after which they shall return to a third country. 

Within  the  period  referred  to  under  paragraph  1,  and  provided  that  the  criteria  of 
Article 5 are met, seasonal workers shall be allowed to extend their contract or to be 
employed as seasonal worker with a different employer. 

Article 12 
Facilitation of re-entry 

1. 

Member States shall either:  

(a) 

upon  application,  issue  up  to  three  seasonal  worker  permits  covering  up  to 
three subsequent seasons within one administrative act (‘multi-seasonal worker 
permit’), 

or 

(b)  provide  a  facilitated  procedure  for  third-country  nationals  who  were  admitted 
to that Member State as seasonal workers and who apply to be admitted as such 
in a subsequent year.  

2. 

Member States shall provide that: 

(a) 

(b) 

a third-country national who has not complied with the obligations arising from 
the  admission  decision  during  a  previous  stay  as  a  seasonal  worker,  and  in 
particular with the obligation to return to a third country on the expiry of the 
permit, shall be excluded from admission as seasonal worker for one or more 
subsequent years; 

an  employer  who  has  not  fulfilled  the  obligations  arising  out  of  the  work 
contract  shall  be  subject  to  effective,  proportionate  and  dissuasive  sanctions. 
Such  employers  shall  be  excluded  from  applications  for  seasonal  workers  for 
one or more subsequent years. 

Article 13 
Procedural safeguards 

1. 

2. 

The  competent  authorities  of  the  Member  State  shall  adopt  a  decision  on  the 
application  and  notify  the  applicant  in  writing,  in  accordance  with  the  notification 
procedures laid down in the national law of the Member State, within 30 days of the 
complete application being lodged.  

Where  the  information  supplied  in  support  of  the  application  is  inadequate,  the 
competent  authorities  shall  notify  the  applicant  within  a  reasonable  period  of  the 
additional information that is required and set a reasonable deadline for providing it.  

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3. 

Any decision rejecting an application, or any decision not to  renew  or to  withdraw 
the permit, shall be notified in writing to the applicant and shall be open to a legal 
challenge  in  the  Member  State  concerned  in  accordance  with  national  law.  The 
notification shall specify the reasons for the decision, the possible redress procedures 
available and the time limit for taking action.  

Article 14 
Accommodation 

Member  States  shall  require  employers  of  seasonal  workers  to  provide  evidence  that  the 
seasonal worker will benefit from accommodation that ensures an adequate standard of living. 
If  seasonal  workers  are  required  to  pay  rent  for  such  accommodation,  its  cost  shall  not  be 
excessive in relation to their remuneration. 

CHAPTER IV 
RIGHTS 

Article 15 
Rights on the basis of the seasonal worker permit/visa 

During the period of validity of a seasonal worker permit, the holder shall enjoy at least the 
following rights:  

(a) 

(b) 

(c) 

the right to enter and stay in the territory of the Member State issuing the permit;  

free access to the entire territory of the Member State issuing the permit within the 
limits provided for by national law;  

the right to exercise the concrete employment activity authorised under the permit in 
accordance with national law. 

Article 16 
Rights 

Whatever  the  law  applicable  to  the  employment  relationship,  seasonal  workers  shall  be 
entitled to: 

1. 

working  conditions,  including  pay  and  dismissal  as  well  as  health  and  safety 
requirements  at  the  workplace,  applicable  to  seasonal  work  as  laid  down  by  law, 
regulation  or  administrative  provision  and/or  universally  applicable  collective 
agreements in the Member State to which they have been admitted according to this 
Directive. 

In  the  absence  of  a  system  for  declaring  collective  agreements  to  be  of  universal 
application,  Member  States  may,  if  they  so  decide,  base  themselves  on  collective 
agreements  which  are  generally  applicable  to  all  similar  undertakings  in  the 
geographical  area  and  in  the  profession  or  industry  concerned,  and/or  collective 
agreements  which  have  been  concluded  by  the  most  representative  employers'  and 

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labour  organisations  at  national  level  and  which  are  applied  throughout  national 
territory; 

2. 

equal  treatment  with  nationals  of  the  host  Member  State  as  regards  at  least  with 
regard to: 

(a) 

freedom  of  association  and  affiliation  and  membership  of  an  organisation 
representing workers or of any organisation whose members are engaged in a 
specific  occupation,  including  the  benefits  conferred  by  such  organisations, 
without  prejudice  to  the  national  provisions  on  public  policy  and  public 
security; 

(b)  provisions in national laws regarding the branches of social security as defined 

in Article 3 of Council Regulation (EC) No 883/04;  

(c) 

(d) 

payment  of  statutory  pensions  based  on  the  worker's  previous  employment 
under the same conditions as nationals of the Member States concerned when 
they move to a third country;  

access  to  goods  and  services  and  the  supply  of  goods  and  services  made 
available to the public, except public housing and counselling services afforded 
by employment services. 

The right to equal treatment provided for in paragraph 2 shall be without prejudice to 
the  right  of  the  Member  State  to  withdraw  or  to  refuse  to  renew  the  permit  in 
accordance with Article 7. 

Article 17 
Facilitation of complaints 

Member States shall ensure that third parties which have, in accordance with the criteria laid 
down by their national law, a legitimate interest in ensuring compliance with this Directive, 
may engage either on behalf of or in support of a seasonal worker, with his/her approval, in 
any administrative or civil proceedings provided for with the objective of implementing this 
Directive. 

CHAPTER V 
FINAL PROVISIONS 

Article 18 
Statistics 

1. 

Member  States  shall  communicate  to  the  Commission  statistics  on  the  number  of 
residence  permits  and  visas  issued  for  the  first  time  or  renewed  and,  as  far  as 
possible, on the number of residence permits and visas withdrawn for the purpose of 
seasonal  employment  to  persons  who  are  third-country  nationals,  disaggregated  by 
citizenship, age and sex, length of validity of the permit and economic sector. 

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2. 

3. 

The  statistics  referred  to  in  paragraph  1  shall  be  communicated  in  accordance  with 
Regulation (EC) No 862/2007 of the European Parliament and of the Council10. 

The  statistics  referred  to  in  paragraph  1  shall  relate  to  reference  periods  of  one 
calendar  year  and  shall  be  communicated  to  the  Commission  within  six  months  of 
the end of the reference year. The first reference year shall be [the year following the 
point of time referred to in Article 20(1)]. 

Article 19 
Reporting 

Every  three  years,  and  for  the  first  time  no  later  than  [three  years  after  the  date  of 
transposition  of  this  Directive],  the  Commission  shall  submit  a  report  to  the  European 
Parliament and to the Council on the application of this Directive in the Member States and 
shall propose any amendments necessary. 

Article 20 
Transposition 

1. 

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions  necessary  to  comply  with  this  Directive  by  (24  months  from  the  date  of 
publication in the Official Journal of the European Union) 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  those  provisions,  they  shall  contain  a  reference  to  this 
Directive  or  be  accompanied  by  such  reference  on  the  occasion  of  their  official 
publication. Member States shall determine how such reference is to be made. 

2. 

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

Article 21 
Entry into force 

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

Article 22 
Addressees 

This  Directive  is  addressed  to  the  Member  States,  in  accordance  with  the  Treaty  on  the 
Functioning of the European Union. 

10 

OJ L 199, 31.7.2007, p. 23. 

EN 

24 

   EN 

                                                 
Done at Brussels, […] 

For the European Parliament 
The President 

For the Council 
The President 

EN 

25 

   EN