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COU CIL OF Brussels, 24 ovember 2011
(OR. en) THE EUROPEA U IO
13036/3/11 REV 3
Interinstitutional File: 2007/0229 (COD)
MIGR 130 SOC 660 CODEC 1240 PARL AT 280
LEGISLATIVE ACTS A D OTHER I STRUME TS
Subject: Position of the Council at first reading with a view to the adoption of a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State
DIRECTIVE 2011/.../EU
OF THE EUROPEA PARLIAME T A D OF THE COU CIL
of
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 EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular points (a)
and (b) of Article 79(2) thereof,
Having regard to the proposal from the European Commission,
Having regard to the opinion of the European Economic and Social Committee ,
Having regard to the opinion of the Committee of the Regions ,
Acting in accordance with the ordinary legislative procedure ,
Whereas:
(1) For the gradual establishment of an area of freedom, security and justice, the Treaty on the
Functioning of the European Union (TFEU) provides for measures to be adopted in the
fields of asylum, immigration and protection of the rights of third-country nationals.
(2) The European Council, at its special meeting in Tampere on 15 and 16 October 1999,
acknowledged the need for harmonisation of national law governing the conditions for
admission and residence of third-country nationals. In this context, it stated in particular
that the European Union should ensure fair treatment of third-country nationals who are
legally residing in 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 Union. The European Council accordingly asked the Council to adopt the legal
instruments on the basis of Commission proposals. The need for achieving the objectives
defined at Tampere was reaffirmed by the Stockholm Programme, which was adopted by
the European Council at its meeting of 10 and 11 December 2009.
(3) Provisions for a single application procedure leading to a combined title encompassing
both residence and work permits within a single administrative act will contribute to
simplifying and harmonising the rules currently applicable in Member States. Such
procedural simplification has already been introduced by several Member States and has
made for a more efficient procedure both for the migrants and for their employers, and has
allowed easier controls of the legality of their residence and employment.
(4) In order to allow initial entry into their territory, Member States should be able to issue a
single permit or, if they issue single permits only after entry, a visa. Member States should
issue such single permits or visas in a timely manner.
(5) A set of rules governing the procedure for examination of the application for a single
permit should be laid down. That procedure should be effective and manageable, taking
account of the normal workload of the Member States' administrations, as well as
transparent and fair, in order to offer appropriate legal certainty to those concerned.
(6) The provisions of this Directive should be without prejudice to the competence of the
Member States to regulate the admission, including the volumes of admission, of
third-country nationals for the purpose of work.
(7) Posted third-country nationals should not be covered by this Directive. This should not
prevent third-country nationals who are legally residing and working in a Member State
and posted to another Member State from continuing to enjoy equal treatment with respect
to nationals of the Member State of origin for the duration of their posting, in respect of
those terms and conditions of employment which are not affected by the application of
Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996
concerning the posting of workers in the framework of the provision of services.
(8) Third-country nationals who have acquired long-term resident status in accordance with
Council Directive 2003/109/EC of 25 November 2003 on the status of third-country
nationals who are long-term residents should not be covered by this Directive given their
more privileged status and their specific type of residence permit "long-term resident-EU".
(9) Third-country nationals who have been admitted to the territory of a Member State to work
on a seasonal basis should not be covered by this Directive given their temporary status.
(10) The obligation on the Member States to determine whether the application is to be made by
a third-country national or by his or her employer should be without prejudice to any
arrangements requiring both to be involved in the procedure. The Member States should
decide whether the application for a single permit is to be made in the Member State of
destination or from a third country. In cases where the third-country national is not allowed
to make an application from a third country, Member States should ensure that the
application may be made by the employer in the Member State of destination.
(11) The provisions of this Directive on the single application procedure and on the single
permit should not concern uniform or long-stay visas.
(12) The designation of the competent authority under this Directive should be without
prejudice to the role and responsibilities of other authorities and, where applicable, the
social partners, with regard to the examination of, and the decision on, the application.
(13) The deadline for adopting a decision on the application should not include the time
required for the recognition of professional qualifications or the time required for issuing
a visa. This Directive should be without prejudice to national procedures on the recognition
of diplomas.
(14) The single permit should be drawn up in accordance with Council Regulation (EC)
No 1030/2002, of 13 June 2002 laying down a uniform format for residence permits for
third-country nationals, enabling Member States to enter further information, in particular
as to whether or not the person is permitted to work. A Member State should indicate, inter
alia for the purpose of better control of migration, not only on the single permit but also on
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 and has been given access to the
labour market of that Member State .
(15) The provisions of this Directive on residence permits for purposes other than work should
apply only to the format of such permits and should be without prejudice to Union or
national rules on admission procedures and on procedures for issuing such permits.
(16) The provisions of this Directive on the single permit and on the residence permit issued for
purposes other than work should not prevent Member States from issuing an additional
paper document in order to be able to give more precise information on the employment
relationship for which the format of the residence permit leaves insufficient space. Such a
document can serve to prevent the exploitation of third-country nationals and combat
illegal employment but should be optional for Member States and should not serve as a
substitute for a work permit thereby compromising the concept of the single permit.
Technical possibilities offered by Article 4 of Regulation (EC) No 1030/2002 and
point (a)16 of the Annex thereto can also be used to store such information in an
electronic format.
(17) The conditions and criteria on the basis of which an application to issue, amend or renew a
single permit can be rejected, or on the basis of which the single permit can be withdrawn,
should be objective and should be laid down in national law including the obligation to
respect the principle of Union preference as expressed in particular in the relevant
provisions of the 2003 and 2005 Acts of Accession. Rejection and withdrawal decisions
(18) 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 any six-month period in
accordance with Regulation (EC) No 562/2006 of the European Parliament and of the
Council of 15 March 2006 establishing a Community Code on the rules governing the
movement of persons across borders (Schengen Borders Code) and Article 21 of the
Convention implementing the Schengen Agreement of 14 June 1985 between the
Governments of the States of the Benelux Economic Union, the Federal Republic of
Germany and the French Republic on the gradual abolition of checks at their common
borders (Schengen Convention).
(19) In the absence of horizontal Union legislation, the rights of third-country nationals vary,
depending on the Member State in which they work and on their nationality. With a view
to developing further a coherent immigration policy and narrowing the rights gap between
citizens of the Union and third-country nationals legally working in a Member State and
complementing the existing immigration acquis , a set of rights should be laid down in
order, in particular, to specify the fields in which equal treatment between a
Member State's own nationals and such third-country nationals who are not yet long-term
residents is provided. Such provisions are intended to establish a minimum level playing
field within the Union, to recognise that such third-country nationals contribute to the
Union economy through their work and tax payments and to serve as a safeguard to reduce
unfair competition between a Member State's own nationals and third-country nationals
resulting from the possible exploitation of the latter. A third country worker in this
Directive should be defined, without prejudice to the interpretation of the concept of
employment relationship in other provisions of Union law, as a third-country national who
has been admitted to the territory of a Member State, who is legally residing and who is
allowed, in the context of a paid relationship, to work there in accordance with national
(20) All third-country nationals who are legally residing and working in Member States should
enjoy at least a common set of rights based on equal treatment with the 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 a Member State to work
but also to those who have been admitted for other purposes and have been given access to
the labour market of that Member State in accordance with other provisions of Union or
national law, including family members of a third-country worker who are admitted to the
Member State in accordance with Council Directive 2003/86/EC of 22 September 2003 on
the right to family reunification; third-country nationals who are admitted to the territory
of a Member State in accordance with Council Directive 2004/114/EC
of 13 December 2004 on the conditions of admission of third-country nationals for the
purposes of studies, pupil exchange, unremunerated training or voluntary service; and
researchers admitted in accordance with Council Directive 2005/71/EC of 12 October 2005
on a specific procedure for admitting third-country nationals for the purposes of
(21) The right to equal treatment in specified 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 are enshrined in the single permit encompassing the authorisation to reside and work
and in residence permits issued for other purposes containing information on the
permission to work.
(22) Working conditions as referred to in this Directive should cover at least pay and dismissal,
health and safety at the workplace, working time and leave taking into account collective
agreements in force.
(23) A Member State should recognise professional qualifications acquired by a third-country
national in another Member State in the same way as those of citizens of the Union and
should take into account qualifications acquired in a third country in accordance with
Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005
on the recognition of professional qualifications. The right to equal treatment accorded to
third-country workers as regards recognition of diplomas, certificates and other
professional qualifications in accordance with the relevant national procedures should be
without prejudice to the competence of Member States to admit such third-country workers
(24) Third-country workers should enjoy equal treatment as regards social security. Branches of
social security are defined in Regulation (EC) No 883/2004 of the European Parliament
and of the Council of 29 April 2004 on the coordination of social security systems. The
provisions on equal treatment concerning social security in this Directive should also apply
to workers admitted to a Member State directly from a third country. Nevertheless, this
Directive should not confer on third-country workers more rights than those already
provided in existing Union law in the field of social security for third-country nationals
who are in cross-border situations. This Directive, furthermore, should not grant rights in
relation to situations which lie outside the scope of Union law, such as in relation to family
members residing in a third country. This Directive should grant rights only in relation to
family members who join third-country workers to reside in a Member State on the basis
of family reunification or family members who already reside legally in that Member State.
(25) Member States should ensure at least equal treatment of third-country nationals who are in
employment or who, after a minimum period of employment, are registered as
unemployed. Any restrictions to the equal treatment in the field of social security under
this Directive should be without prejudice to the rights conferred pursuant to Regulation
(EU) No 1231/2010 of the European Parliament and of the Council of 24 November 2010
extending Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 to nationals of
third countries who are not already covered by these Regulations solely on the ground of
(26) Union law does not limit the power of the Member States to organise their social security
schemes. In the absence of harmonisation at Union level, it is for each Member State to lay
down the conditions under which social security benefits are granted, as well as the amount
of such benefits and the period for which they are granted. However, when exercising that
power, Member States should comply with Union law.
(27) Equal treatment of third-country workers should not apply to measures in the field of
vocational training which are financed under social assistance schemes.
(28) This Directive should be applied without prejudice to more favourable provisions
contained in Union law and applicable international instruments.
(29) Member States should give effect to the provisions of this Directive without discrimination
on the basis of sex, race, colour, ethnic or social origin, genetic characteristics, language,
religion or beliefs, political or other opinions, membership of a national minority, fortune,
birth, disabilities, age or sexual orientation in particular in accordance with
Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal
treatment between persons irrespective of racial or ethnic origin and
Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for
equal treatment in employment and occupation.
(30) Since the objectives of this Directive, namely laying down a single application procedure
for issuing a single permit for third-country nationals to work in the territory of a
Member State and a common set of 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 at Union level, the Union
may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5
of the Treaty on European Union (TEU). 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.
(31) This Directive respects the fundamental rights and observes the principles recognised by
the Charter of Fundamental Rights of the European Union in accordance with Article 6(1)
of the TEU.
(32) In accordance with the Joint Political Declaration of Member States and the Commission
on explanatory documents of 28 September 2011, Member States have undertaken to
accompany, in justified cases, the notification of their transposition measures with one or
more documents explaining the relationship between the components of a directive and the
corresponding parts of national transposition instruments. With regard to this Directive, the
legislator considers the transmission of such documents to be justified.
(33) In accordance with Articles 1 and 2 of the Protocol (No 21) on the position of the
United Kingdom and Ireland, annexed to the TEU and to the TFEU, 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.
(34) In accordance with Articles 1 and 2 of the Protocol (No 22) on the position of Denmark,
annexed to the TEU and to the TFEU, Denmark is not taking part in the adoption of this
Directive and is not bound by it or subject to its application,
CHAPTER I
General provisions
Article 1
Subject matter
-
1.This Directive lays down:
(a) a single application procedure for issuing a single permit for third-country nationals
to reside for the purpose of work in the territory of a Member State, in order to
simplify the procedures for their admission and to facilitate the control of their status;
and
(b) a common set of rights to third-country workers legally residing in a Member State,
irrespective of the purposes for which they were initially admitted to the territory of
that Member State, based on equal treatment with nationals of that Member State.
-
2.This Directive is without prejudice to the Member States' powers concerning the admission
of third-country nationals to their labour markets.
Article 2
Definitions
For the purposes of this Directive, the following definitions apply:
(a) "third-country national" means a person who is not a citizen of the Union within the
meaning of Article 20(1) TFEU;
(b) "third-country worker" means a third-country national who has been admitted to the
territory of a Member State and who is legally residing and is allowed to work in the
context of a paid relationship in that Member State in accordance with national law
or practice;
(c) "single permit" means a residence permit issued by the authorities of a Member State
allowing a third-country national to reside legally in its territory for the purpose of work;
(d) "single application procedure" means any procedure leading, on the basis of a single
application made by a third-country national, or by his or her employer, for the
authorisation of residence and work in the territory of a Member State, to a decision ruling
on that application for the single permit.
Article 3
Scope
-
1.This Directive shall apply to:
(a) third-country nationals who apply to reside in a Member State for the purpose
of work,
(b) third-country nationals who have been admitted to a Member State for purposes
other than work in accordance with Union or national law, who are allowed to work
and who hold a residence permit in accordance with Regulation (EC) No 1030/2002;
and
(c) third-country nationals who have been admitted to a Member State for the purpose of
work in accordance with Union or national law.
-
2.This Directive shall not apply to third-country nationals:
(a) who are family members of citizens of the Union who have exercised, or are
exercising, their right to free movement within the Union in accordance with
Directive 2004/38/EC of the European Parliament and of the Council
of 29 April 2004 on the right of citizens of the Union and their family members to
move and reside freely within the territory of the Member States1; 1 - OJ L 158, 30.4.2004, p. 77.
(b) who, together with their family members, and irrespective of their nationality, enjoy
rights of free movement equivalent to those of citizens of the Union under
agreements either between the Union and the Member States or between the Union
and third countries;
(c) who are posted for as long as they are posted;
(d) who have applied for admission or have been admitted to the territory of a
Member State to work as intra-corporate transferees;
(e) who have applied for admission or have been admitted to the territory of a
Member State as seasonal workers or au pairs ;
(f) who are authorised to reside in a Member State on the basis of temporary protection,
or who have applied for authorisation to reside there on that basis and are awaiting a
decision on their status;
(g) who are beneficiaries of international protection under Council Directive 2004/83/EC
of 29 April 2004 on minimum standards for the qualification and status of
third-country nationals or stateless persons as refugees or as persons who otherwise
need international protection and the content of the protection granted
or who have
applied for international protection under that Directive and whose application has
not been the subject of a final decision;
(h) who are beneficiaries of protection in accordance with national law, international
obligations or the practice of a Member State or have applied for protection in
accordance with national law, international obligations or the practice of a
Member State and whose application has not been the subject of a final decision;
(i) who are long-term residents in accordance with Directive 2003/109/EC;
(j) whose removal has been suspended on the basis of fact or law;
(k) who have applied for admission or who have been admitted to the territory of a
Member State as self-employed workers;
(l) who have applied for admission or have been admitted as seafarers for employment
or work in any capacity on board of a ship registered in or sailing under the flag of a
Member State.
-
3.Member States may decide that Chapter II does not apply to third-country nationals who
have been either authorised to work in the territory of a Member State for a period not
exceeding six months or who have been admitted to a Member State for the purpose
of study.
-
4.Chapter II shall not apply to third-country nationals who are allowed to work on the basis
CHAPTER II
Single application procedure and single permit
Article 4
Single application procedure
-
1.An application to issue, amend or renew a single permit shall be submitted by way of a
single application procedure. Member States shall determine whether applications for a
single permit are to be made by the third-country national or by the third-country national's
employer. Member States may also decide to allow an application from either of the two. If
the application is to be submitted by the third-country national, Member States shall allow
the application to be introduced from a third country or, if provided for by national law, in
the territory of the Member State in which the third-country national is legally present.
-
2.Member States shall examine an application made under paragraph 1 and shall adopt a
decision to issue, amend or renew the single permit if the applicant fulfils the requirements
specified by Union or national law. A decision to issue, amend or renew the single permit
shall constitute a single administrative act combining a residence permit and a
work permit.
-
3.The single application procedure shall be without prejudice to the visa procedure which
may be required for initial entry.
-
4.Member States shall issue a single permit, where the conditions provided for are met, to
third-country nationals who apply for admission and to third-country nationals already
admitted who apply to renew or modify their residence permit after the entry into force of
the national implementing provisions.
Article 5
Competent authority
-
1.Member States shall designate the authority competent to receive the application and to
issue the single permit.
-
2.The competent authority shall adopt a decision on the complete application as soon as
possible and in any event within four months of 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.
Where no decision is taken within the time limit provided for in this paragraph, any
consequences shall be determined by national law.
-
3.The competent authority shall notify the decision to the applicant in writing in accordance
with the notification procedures laid down in the relevant national law.
-
4.If the information or documents in support of the application are incomplete according to
the criteria specified in national law, the competent authority shall notify the applicant in
writing of the additional information or documents required, setting a reasonable deadline
to provide them. The time limit referred to in paragraph 2 shall be suspended until the
competent authority or other relevant authorities have received the additional information
required. If the additional information or documents is not provided within the deadline
set, the competent authority may reject the application.
Article 6
Single permit
-
1.Member States shall issue a 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 point (a)7.5-9 of the Annex thereto.
Member States may indicate additional information related to the employment relationship
of the third-country national (such as the name and address of the employer, place of work,
type of work, working hours, remuneration) in paper format, or store such data in
electronic format as referred to in Article 4 of Regulation (EC) 1030/2002 and in
point (a)16 of the Annex thereto.
-
2.When issuing the single permit Member States shall not issue additional permits as proof
of authorisation to access the labour market.
Article 7
Residence permits issued for purposes other than work
-
1.When issuing residence permits in accordance with Regulation (EC) No 1030/2002
Member States shall indicate the information relating to the permission to work
irrespective of the type of the permit.
Member States may indicate additional information related to the employment relationship
of the third-country national (such as the name and address of the employer, place of work,
type of work, working hours, remuneration) in paper format, or store such data in
electronic format as referred to in Article 4 of Regulation (EC) 1030/2002 and point (a)16
of the Annex thereto.
-
2.When issuing residence permits in accordance with Regulation (EC) No 1030/2002,
Member States shall not issue additional permits as proof of authorisation to access the
Article 8
Procedural guarantees
-
1.Reasons shall be given in the written notification of a decision rejecting an application to
issue, amend or renew a single permit, or a decision withdrawing a single permit on the
basis of criteria provided for by Union or national law.
-
2.A decision rejecting the application to issue, amend or renew or withdrawing a single
permit shall be open to legal challenge in the Member State concerned, in accordance with
national law. The written notification referred to in paragraph 1shall specify the court or
administrative authority where the person concerned may lodge an appeal and the
time-limit therefor.
-
3.An application may be considered as inadmissible on the grounds of volume of admission
of third-country nationals coming for employment and, on that basis, need not to
be processed.
Article 9
Access to information
Member States shall provide, upon request, adequate information to the third-country national and
the future employer on the documents required to make a complete application.
Article 10
Fees
Member States may require applicants to pay fees, where appropriate, for handling applications in
accordance with this Directive. The level of such fees shall be proportionate and may be based on
the services actually provided for the processing of applications and the issuance of permits.
Article 11
Rights on the basis of the single permit
Where a single permit has been issued in accordance with national law , it shall authorise, during its
period of validity, its holder at least to:
(a) enter and reside in the territory of the Member State issuing the single permit, provided
that the holder meets all admission requirements in accordance with national law;
(b) have free access to the entire territory of the Member State issuing the single permit within
the limits provided for by national law;
(c) exercise the specific employment activity authorised under the single permit in accordance
with national law;
(d) be informed about the holder's own rights linked to the permit conferred by this Directive
CHAPTER III
Right to equal treatment
Article 12
Right to equal treatment
-
1.Third-country workers as referred to in points (b) and (c) of Article 3(1) shall enjoy equal
treatment with nationals of the Member State where they reside with regard to:
(a) working conditions, including pay and dismissal as well as health and safety at
the workplace;
(b) freedom of association and affiliation and membership of an organisation
representing workers or employers 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;
(c) education and vocational training;
(d) recognition of diplomas, certificates and other professional qualifications in
accordance with the relevant national procedures;
(e) branches of social security, as defined in Regulation (EC) No 883/2004;
(f) tax benefits, in so far as the worker is deemed to be resident for tax purposes in the
Member State concerned;
(g) access to goods and services and the supply of goods and services made available to
the public including procedures for obtaining housing as provided by national law,
without prejudice to the freedom of contract in accordance with Union and
national law;
(h) advice services afforded by employment offices.
-
2.Member States may restrict equal treatment:
(a) under point (c) of paragraph 1 by:
(i) limiting its application to those third-country workers who are in employment
or who have been employed and who are registered as unemployed,
(ii) excluding those third-country workers who have been admitted to their
territory in conformity with Directive 2004/114/EC,
(iii) excluding study and maintenance grants and loans or other grants and loans,
(iv) laying down specific prerequisites including language proficiency and the
payment of tuition fees, in accordance with national law, with respect to access
to university and post-secondary education and to vocational training which is
not directly linked to the specific employment activity;
(b) by limiting the rights conferred on third-country workers under point (e) of
paragraph 1, but shall not restrict such rights for third-country workers who are in
employment or who have been employed for a minimum period of six months and
who are registered as unemployed.
In addition, Member States may decide that point (e) of paragraph 1 with regard to
family benefits shall not apply to third-country nationals who have been authorised
to work in the territory of a Member State for a period not exceeding six months, to
third-country nationals who have been admitted for the purpose of study, or to
third-country nationals who are allowed to work on the basis of a visa.
(c) under point (f) of paragraph 1 with respect to tax benefits by limiting its application
to cases where the registered or usual place of residence of the family members of
the third-country worker for whom he/she claims benefits, lies in the territory of the
Member State concerned.
(d) under point (g) of paragraph 1 by:
(i) limiting its application to those third-country workers who are in employment,
(ii) restricting access to housing;
-
3.The right to equal treatment laid down in paragraph 1 shall be without prejudice to the
right of the Member State to withdraw or to refuse to renew the residence permit issued
under this Directive, the residence permit issued for purposes other than work, or any other
authorisation to work in a Member State.
-
4.Third-country workers moving to a third country, or their survivors who reside in a third
country and who derive rights from those workers, shall receive, in relation to old age,
invalidity and death, statutory pensions based on those workers' previous employment and
acquired in accordance with the legislation referred to in Article 3 of Regulation (EC)
No 883/2004, under the same conditions and at the same rates as the nationals of the
Member States concerned when they move to a third country.
CHAPTER IV
Final provisions
Article 13
More favourable provisions
-
1.This Directive shall apply without prejudice to more favourable provisions of:
(a) Union law, including bilateral and multilateral agreements between the Union, or
the Union and its Member States, on the one hand and one or more third countries on
(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.
Article 14
Information to the general public
Each Member State shall make available to the general public a regularly updated set of information
concerning the conditions of third-country nationals' admission to and residence in its territory in
order to work there.
Article 15
Reporting
-
1.Periodically, and for the first time by ...
*, the Commission shall present a report to the
European Parliament and the Council on the application of this Directive in the
Member States and shall propose amendments it deems necessary.
-
2.Annually, and for the first time by ...
*, Member States shall communicate to the
Commission statistics on the volumes of third-country nationals who have been granted a
single permit during the previous calendar year, in accordance with Regulation (EC)
No 862/2007 of the European Parliament and of the Council of 11 July 2007 on
Community statistics on migration and international protection.
Article 16
Transposition
-
1.Member States shall bring into force the laws, regulations and administrative provisions
necessary to comply with this Directive by ...
** . They shall forthwith communicate to the
Commission the text of those provisions.
When Member States adopt those measures, they shall contain a reference to this Directive
or shall be accompanied by such a reference on the occasion of their official publication.
The methods of making such reference shall be laid down by Member States.
-
2.Member States shall communicate to the Commission the text of the main provisions of
national law which they adopt in the field covered by this Directive.
* OJ: insert please the date - three years after the entry into force of this Directive
** OJ: Insert please the date - two years after the entry into force of this Directive.
Article 17
Entry into force
This Directive shall enter into force on the 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 in accordance with the Treaties.
Done at
For the European Parliament For the Council
The President The President
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