Proposal for a COUNCIL DIRECTIVE on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State

Explanatory memorandum

1) CONTEXT OF THE PROPOSAL

 Grounds for and objectives of the proposal

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

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

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

 General context

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

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

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

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

Download at PDF format

COM(2007) 638 final

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