23.12.2011 EN Official Journal of the European Union L 343/1 DIRECTIVE 2011/98/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 December 2011 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 (1), Having regard to the opinion of the Committee of the Regions (2), Acting in accordance with the ordinary legislative procedure (3), 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 (4). (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 (5) 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 (6), 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 should be duly reasoned. (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) (7) 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 (8) (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 law or practice. (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 (9); 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 (10); and researchers admitted in accordance with Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research (11). (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 (12). 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 to their labour market. (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 (13). 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 their nationality (14). (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 (15) and Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (16). (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, HAVE ADOPTED THIS DIRECTIVE: 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 States (17); (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 (18) 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 of a visa. 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) No 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) No 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 labour market. 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 1 shall 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 and/or by national law. 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 the other; and (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 25 December 2016, 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 25 December 2014, 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 (19). Article 16 Transposition 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 25 December 2013. 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. Article 17 Entry into force This Directive shall enter into force on the day following 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 Strasbourg, 13 December 2011. For the European Parliament The President J. BUZEK For the Council The President M. SZPUNAR (1) OJ C 27, 3.2.2009, p. 114. (2) OJ C 257, 9.10.2008, p. 20. (3) Position of the European Parliament of 24 March 2011 (not yet published in the Official Journal) and position of the Council at first reading of 24 November 2011 (not yet published in the Official Journal). Position of the European Parliament of 13 December 2011 (not yet published in the Official Journal). (4) OJ L 18, 21.1.1997, p. 1. (5) OJ L 16, 23.1.2004, p. 44. (6) OJ L 157, 15.6.2002, p. 1. (7) OJ L 105, 13.4.2006, p. 1. (8) OJ L 239, 22.9.2000, p. 19. (9) OJ L 251, 3.10.2003, p. 12. (10) OJ L 375, 23.12.2004, p. 12. (11) OJ L 289, 3.11.2005, p. 15. (12) OJ L 255, 30.9.2005, p. 22. (13) OJ L 166, 30.4.2004, p. 1. (14) OJ L 344, 29.12.2010, p. 1. (15) OJ L 180, 19.7.2000, p. 22. (16) OJ L 303, 2.12.2000, p. 16. (17) OJ L 158, 30.4.2004, p. 77. (18) OJ L 304, 30.9.2004, p. 12. (19) OJ L 199, 31.7.2007, p. 23.

Summary: Non-EU workers - easier residence and work formalities Non-EU workers - easier residence and work formalities This directive establishes a single residence and work permit for workers from non-European Union countries. It also defines a range of specific rights to offer equal treatment to the non-EU workers covered by the directive. ACT Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011 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. SUMMARY WHAT DOES THIS DIRECTIVE DO? The directive creates: a combined single permit for residence and work for non-EU workers legally residing in an EU country, a single application procedure for this permit, a set of rights (including equal treatment compared to nationals in that country) for non-EU workers covered by the directive. KEY POINTS Who is concerned? The directive applies to non-EU countries’ nationals who are authorised to live or work in the EU, independently of their initial reason for admission. This includes: non-EU nationals seeking to be admitted to an EU country in order to stay and work, non-EU nationals who are already resident and have access to the labour market or are already working in an EU country. Certain categories of non-EU nationals are not covered by the directive, such as those who have been granted EU long-term resident status (they are covered by other EU legislation). Single application procedure Authorities in EU countries must treat any application for this single permit for residence and work (new, amended or renewed) as a single application procedure. They must decide whether the application is to be made by the non-EU country national or by their employer (or by both). The format of the single permit is the same as that described in Regulation (EC) No 1030/2002 establishing a single residence permit for non-EU country nationals. Right to equal treatment The single permit allows non-EU country beneficiaries to enjoy a set of rights, including: the right to work, reside and move freely in the issuing EU country, the same conditions as nationals of the issuing country as regards working conditions (such as pay and dismissal, health and safety, working time and leave), education and training, recognition of qualifications, certain aspects of social security, tax benefits, access to goods and services including housing and employment advice services. The directive sets specific criteria, based on which EU countries can restrict equal treatment on certain issues (access to education/training, social security benefits such as family benefit or housing). WHEN DOES THE DIRECTIVE APPLY? From 25.12.2013. REFERENCES Act Entry into force Deadline for transposition in the Member States Official Journal Directive 2011/98/EU 24.12.2011 25.12.2013 OJ L 343, 23.12.2011, pp. 1-9 RELATED ACT Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals (OJ L 157, 15.6.2002, pp. 1-7). Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (OJ L 16, 23.1.2004, pp. 44-53). last update 02.01.2015


23.9.2011 EN Official Journal of the European Union L 246/5 DECISION No 940/2011/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 14 September 2011 on the European Year for Active Ageing and Solidarity between Generations (2012) (Text with EEA relevance) 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 153(2) thereof, Having regard to the proposal from the European Commission, After transmission of the draft legislative act to the national parliaments, Having regard to the opinion of the European Economic and Social Committee (1), After consulting the Committee of the Regions, Acting in accordance with the ordinary legislative procedure (2), Whereas: (1) Pursuant to Article 147(1) of the Treaty on the Functioning of the European Union (TFEU), the Union is to contribute to a high level of employment by encouraging cooperation between Member States and by supporting and, if necessary, complementing their action. (2) Pursuant to Article 153(1) TFEU, the Union is to support and complement the activities of the Member States on working conditions, the integration of persons excluded from the labour market and the combating of social exclusion. (3) Pursuant to Article 3(3) of the Treaty on European Union, the Union is, inter alia, to combat social exclusion and discrimination and is to promote social justice and protection, equality between women and men and solidarity between generations. (4) Article 174 TFEU recognises that some regions of the Union suffer from severe and permanent demographic handicaps that may adversely affect their level of development and require particular attention if the Union is to achieve the objective of economic, social and territorial cohesion. (5) Pursuant to Article 25 of the Charter of Fundamental Rights of the European Union, the Union recognises and respects the rights of the elderly to lead a life of dignity and independence and to participate in social and cultural life. (6) Ageing is undoubtedly a challenge for the whole of society and for all generations in Europe, and it is also a matter for intergenerational solidarity and for the family. (7) The part of the population of the Union comprised of people in their late 50s and over will increase at a much faster rate than ever before. This is very positive as it is a logical consequence of the improvement in health and the quality of life. Nevertheless, due to this demographic change, the Union faces a number of challenges. (8) Successive European Councils have recognised the need to tackle the effect of ageing populations on European social models. A key response to this rapid change in the age structure consists in promoting the creation of a culture of active ageing as a lifelong process and thus ensuring that the rapidly-growing population comprised of people who are currently in their late 50s and over, who are, on the whole, healthier and better educated than any such age group before them, have good opportunities for employment and active participation in social and family life, including through volunteering, lifelong learning, cultural expression and sports. (9) Active ageing is, according to the World Health Organisation, the process of optimising opportunities for health, participation and security in order to enhance quality of life as people age. Active ageing allows people to realise their potential for physical, social, and mental well-being throughout the life course and to participate in society, while providing them with adequate protection, security and care when they need it. Accordingly, the promotion of active ageing requires a multi-dimensional approach and ownership by and lasting support among all generations. (10) The European Year for Active Ageing and Solidarity between Generations (2012) should build on the legacy of the European Year for Combating Poverty and Social Exclusion (2010) and the European Year of Voluntary Activities Promoting Active Citizenship (2011) and, therefore, the synergies between those European Years and the European Year for Active Ageing and Solidarity between Generations (2012) (‘the European Year’) should be promoted. (11) The growing proportion of older people in Europe and the increase in chronic health conditions makes it more important than ever to promote the healthy ageing of all, and in particular older people, supporting their vitality and dignity by, inter alia, ensuring access to appropriate and high-quality health care, long-term care and social services and developing initiatives promoting the prevention of health risks associated with ageing. Healthy ageing can help to raise the labour market participation of older people, enable them to be active in society for longer, improve their individual quality of life and limit pressure on health, social care and pension systems. (12) The Commission presented its views on the demographic challenges that the Union faces and on opportunities for tackling them in its communications ‘The demographic future of Europe - from challenge to opportunity’ of 12 October 2006, ‘Promoting Solidarity between the Generations’ of 10 May 2007 and ‘Dealing with the impact of an ageing population in the EU (2009 Ageing Report)’ of 29 April 2009. (13) The diversity of older generations in Europe will further increase. It is therefore necessary to actively promote equal opportunities and to encourage participation. Active citizens from different backgrounds have important bridge functions in society, foster integration and contribute to the economy. (14) The Council and the representatives of the Governments of the Member States, meeting within the Council, adopted, on 22 February 2007, a Resolution on ‘The opportunities and challenges of demographic change in Europe: the contribution of older people to economic and social development’ which emphasised both the need to increase the possibilities for active participation by older people, including in the form of voluntary work, and the new economic opportunities (‘the silver economy’) created by the growing demand on the part of older people for certain goods and services, as well as the importance of a positive public image of older people. (15) The Council adopted, on 8 June 2009, Conclusions on ‘Equal opportunities for women and men: active and dignified ageing’, which recognised that, throughout the Union, older women and men face serious challenges as they seek to live active lives and to age with dignity, and proposed a number of measures to Member States and the Commission, including the promotion of active ageing policies, taking into account the different situations in the various Member States and the different challenges faced by women and men. (16) The Council adopted, on 30 November 2009, Conclusions on ‘Healthy and dignified ageing’, inviting the Commission, inter alia, ‘to develop awareness-raising activities to promote active ageing, including a possible European Year on Active Ageing and Intergenerational Solidarity in 2012’. (17) The Commission emphasised, in its Communication entitled ‘Europe 2020 - A strategy for smart, sustainable and inclusive growth’ of 3 March 2010, the importance, to the Union, of promoting a healthy and actively-ageing population in the interests of social cohesion and higher productivity. On 23 November 2010, as part of the Europe 2020 strategy, the Commission adopted a flagship initiative entitled ‘An agenda for new skills and jobs: A European contribution towards full employment’, under which Member States should notably promote active ageing policies. On 16 December 2010, the Commission also adopted a flagship initiative on a ‘European Platform against Poverty and social exclusion: A European framework for social and territorial cohesion’. Achieving those policy goals requires action from all levels of government and various non-governmental stakeholders; those goals can in turn be supported, at the level of the Union, by European Year activities that aim to raise awareness and to foster the exchange of good practice. National coordinators should see to it that national activities are coordinated and are consistent with the objectives of the European Year. The participation of other institutions and stakeholders should also be planned. (18) The Council adopted, on 7 June 2010, Conclusions on ‘Active Ageing’ inviting the Commission ‘to pursue the preparation of a European Year for Active Ageing in 2012, during which the benefits of active ageing and its contribution to solidarity between generations can be highlighted and promising initiatives in support of active ageing at all levels can be publicised’. (19) The European Parliament adopted, on 11 November 2010, a Resolution entitled ‘Demographic challenge and solidarity between generations’, calling on Member States to make active ageing one of the priorities for the coming years. The resolution also stressed that the European Year should, in particular, highlight the contribution that older people make to society and afford opportunities to foster solidarity, cooperation and understanding between generations and to get younger and older people to work together. (20) Opinions drawn up by the European Economic and Social Committee and the Committee of the Regions have also stressed the importance of active ageing for Europe by highlighting, inter alia, the value of cross-generational health care. (21) Council Decision 2010/707/EU of 21 October 2010 on guidelines for the employment policies of the Member States (3) calls, under Guidelines 7 and 8, on Member States to increase labour force participation through policies to promote active ageing, to raise employment rates of older workers through promoting innovation in the organisation of work and to increase the employability of older workers through their up-skilling and participation in lifelong learning schemes. Guideline 10 emphasises the need to enhance social protection systems, lifelong learning and active inclusion policies with the aim of creating opportunities at different stages of people’s lives, of shielding them from the risk of poverty and social exclusion and of enhancing their active participation in society. (22) In its Communication ‘A Digital Agenda for Europe’, the first Europe 2020 flagship initiative, adopted on 19 May 2010, the Commission stressed the importance of information and communication technology (ICT) applications and services for ageing well, proposing, in particular, the reinforcement of the Ambient Assisted Living (AAL) Joint Programme. The Digital Agenda for Europe also recommended taking concerted action to increase the digital competences of all Europeans, including older people, a group that is overrepresented within the 150 million citizens, or approximately 30 % of the total number of citizens, who have never used the internet. Facilitating access to, and providing training in the use of, new technologies would further improve the opportunities of older people. (23) In the context of the Europe 2020 strategy, the Commission has proposed launching an Active and Healthy Ageing Innovation Partnership (AHAIP) within the framework of the ‘Innovation Union’ flagship initiative. The AHAIP would seek to enable citizens to live independently and in good health for longer and to increase by two the average number of healthy years of life by 2020. (24) The Commission is implementing the European Disability Strategy 2010-2020, which, given the frequent correlation between disability and ageing, contains relevant actions for older people. In particular, actions on accessibility following ‘Design for All’ approaches are relevant. Actions to support independent living and inclusion in the community are also relevant, including those directed at older persons with disabilities who are in need of a high level of support, who have complex needs and who are particularly vulnerable and prone to social exclusion. Furthermore the Union and all Member States have signed the United Nations Convention on the Rights of Persons with Disabilities, which contains, inter alia, provisions that are relevant for older people. (25) The European Day of Intergenerational Solidarity is celebrated annually on 29 April. It provides a good opportunity for the Union to renew its commitment to strengthen solidarity and cooperation between generations in order to promote a fair and sustainable society. (26) This Decision establishes a financial envelope which is to constitute the prime reference for the budgetary authority within the meaning of point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (4). (27) Active ageing is also targeted by several Union funds, programmes and action plans, such as the European Social Fund (5), the European Regional Development Fund (6), the Progress programme (7), the Lifelong Learning Programme (8) and in particular its Grundtvig programme, the Health Programme (9), the specific programmes on ICTs and on socio-economic sciences and humanities in the Seventh Framework Programme for Research and Development (10), the Action Plan on ‘Ageing well in the information society’, the AAL Joint Programme (11), the Competitiveness and Innovation Framework Programme (12) with pilot deployment projects on ICT for Ageing Well, the Calypso Preparatory Action on Social Tourism and the Action Plan on urban mobility. (28) In order to ensure the participation of a diverse range of organisations, smaller scale events and operations should, as far as possible, be facilitated during the European Year. (29) Participation of relevant Union-level networks in the European Year should be encouraged and supported with adequate resources. (30) Since the objectives of the European Year cannot be sufficiently achieved by Member States due to the need for transnational exchange of information and the Union-wide dissemination of good practice, and can therefore, by reason of the scale 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. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives, HAVE ADOPTED THIS DECISION: Article 1 Subject The year 2012 shall be designated as the ‘European Year for Active Ageing and Solidarity between Generations’ (‘the European Year’). It shall promote the vitality and the dignity of all. Article 2 Objectives The overall objective of the European Year shall be to facilitate the creation of an active ageing culture in Europe based on a society for all ages. Within this framework, the European Year shall encourage and support the efforts of Member States, their regional and local authorities, social partners, civil society and the business community, including small and medium-sized enterprises, to promote active ageing and to do more to mobilise the potential of the rapidly growing population in their late 50s and over. In doing so, it shall foster solidarity and cooperation between generations, taking into account diversity and gender equality. Promoting active ageing means creating better opportunities so that older women and men can play their part in the labour market, combating poverty, particularly that of women, and social exclusion, fostering volunteering and active participation in family life and society and encouraging healthy ageing in dignity. This involves, inter alia, adapting working conditions, combating negative age stereotypes and age discrimination, improving health and safety at work, adapting lifelong learning systems to the needs of an ageing workforce and ensuring that social protection systems are adequate and provide the right incentives. On the basis of the first paragraph, the objectives of the European Year shall be: (a) to raise general awareness of the value of active ageing and its various dimensions and to ensure that it is accorded a prominent position on the political agendas of stakeholders at all levels in order to highlight the useful contribution that older people make to society and the economy, raising the appreciation thereof, to promote active ageing, solidarity between generations and the vitality and the dignity of all people, and to do more to mobilise the potential of older people, regardless of their origin, and to enable them to lead an independent life; (b) to stimulate debate, to exchange information and to develop mutual learning between Member States and stakeholders at all levels in order to promote active ageing policies, to identify and disseminate good practice and to encourage cooperation and synergies; (c) to offer a framework for commitment and concrete action to enable the Union, Member States and stakeholders at all levels, with the involvement of civil society, the social partners and businesses and with particular emphasis on promoting information strategies, to develop innovative solutions, policies and long-term strategies, including comprehensive age-management strategies related to employment and work, through specific activities, and to pursue specific objectives related to active ageing and intergenerational solidarity; (d) to promote activities which will help to combat age discrimination, to overcome age-related stereotypes and to remove barriers, particularly with regard to employability. Article 3 Content of measures 1. The measures to be taken to achieve the objectives set out in Article 2 shall include the following activities at Union, national, regional or local level: (a) conferences, events and initiatives, with the active participation of all relevant stakeholders, to promote debate, to raise awareness and to encourage the commitment to specific objectives contributing to sustained and lasting impacts; (b) information, promotion and educational campaigns, making use of multimedia; (c) exchange of information, experience and good practice, by using, inter alia, the Open Method of Coordination and networks of stakeholders working to achieve the objectives of the European Year; (d) research and surveys on a Union, national or regional scale, and dissemination of the results, focusing on the economic and social impact of promoting active ageing and of active-ageing-friendly policies. 2. When implementing the activities referred to in paragraph 1, attention shall be paid to involving all generations in the pursuit of the objectives of the European Year, in particular by seeking to develop an inclusive approach and by encouraging the participation of older and younger people in common initiatives. 3. The Commission or Member States may identify other activities as contributing to the objectives of the European Year and may allow the name of the European Year to be used in promoting those activities provided that they contribute to achieving the objectives set out in Article 2. 4. The Commission and Member States shall take into account gender mainstreaming in all their activities in connection with the running of the European Year. 5. The Commission shall take into account the potential of cross-border activities taking place at regional or local level for achieving the objectives set out in Article 2. 6. Efforts shall be made to ensure that all activities of the European Year addressed to the wider public are easily accessible to all, including persons with disabilities. Article 4 Coordination with Member States 1. Each Member State shall appoint a national coordinator to be responsible for organising its involvement in the European Year and shall inform the Commission of that appointment. 2. The national coordinators shall also see to it that national activities of the European Year are properly coordinated and may also promote and facilitate local and regional activities in this context. The national coordinators shall also foster the involvement of all relevant stakeholders, including civil society, in the activities of the European Year. 3. By 25 November 2011, Member States are invited to inform the Commission of their work programme, which shall outline details of the national activities planned under the European Year. Article 5 Participating countries Participation in the European Year shall be open to: (a) Member States; (b) candidate countries; (c) the countries of the Western Balkans; and (d) European Free Trade Association States that are parties to the European Economic Area Agreement. Article 6 Coordination at the level of the Union 1. The Commission shall implement the European Year at the level of the Union. 2. The Commission shall convene meetings of the national coordinators for the purpose of coordinating activities of the European Year at the level of the Union and of exchanging information and knowledge, including on possible commitments and their implementation in Member States. 3. The Commission shall facilitate and support the activities of the European Year at national, regional and local level, including by proposing, where appropriate, new pathways and tools for the achievement of the objectives of the European Year and their evaluation. 4. Coordination of the activities of the European Year at the level of the Union shall also be a matter for the existing policy committees and advisory groups. 5. The Commission shall also convene meetings of representatives of European organisations or bodies working in the field of active ageing in order to help it run the European Year. 6. The theme of the European Year shall be made a priority by the Commission in the communication activities of its representations in the Member States and by relevant key Union-level networks receiving support for their running costs from the general budget of the Union in their work programmes. 7. The European Parliament, Member States, the European Economic and Social Committee and the Committee of the Regions shall be associated in the activities of the European Year. Article 7 Financial and non-financial support 1. Activities referred to in Article 3(1) that occur at the level of the Union may give rise to a procurement contract or the award of grants financed from the general budget of the Union. 2. Where appropriate, programmes and policies in fields which contribute to the promotion of active ageing, such as employment, social affairs and equal opportunities, education and culture, health, research, the information society, regional policy and transport policy may support the European Year, in accordance with the applicable rules and within their existing possibilities for priority setting. 3. Non-financial support may be granted by the Union for activities undertaken by public and private organisations in accordance with Article 3(3). Article 8 Budget 1. The financial envelope for the implementation, at the level of the Union, of this Decision, in particular in respect of the activities set out in Article 3(1), for the period from 1 January 2011 to 31 December 2012, shall be EUR 5 000 000. 2. Annual appropriations shall be authorised by the budgetary authority within the limits of the financial framework. Article 9 Consistency The Commission - together with Member States - shall ensure that the measures provided for in this Decision are consistent with any other Union, national and regional schemes and initiatives that help attain the objectives of the European Year. Article 10 International cooperation For the purpose of the European Year, the Commission may cooperate with relevant international organisations, in particular with the United Nations and the Council of Europe, while ensuring the visibility of the Union’s efforts to promote active ageing. Article 11 Evaluation 1. By 30 June 2014, the Commission shall submit a report to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions containing an overall assessment of the initiatives provided for in this Decision with details of implementation and results to serve as a basis for future Union policies, measures and actions in this field. 2. The report referred to in paragraph 1 shall also provide information on how gender equality has been mainstreamed in the activities of the European Year and how the accessibility of those activities for persons with disabilities has been ensured. 3. The report referred to in paragraph 1 shall also highlight how the European Year has produced lasting effects for the promotion of active ageing across the Union. Article 12 Entry into force This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union. Article 13 Addressees This Decision is addressed to the Member States. Done at Strasbourg, 14 September 2011. For the European Parliament The President J. BUZEK For the Council The President M. DOWGIELEWICZ (1) OJ C 51, 17.2.2011, p. 55. (2) Position of the European Parliament of 7 July 2011 (not yet published in the Official Journal) and Decision of the Council of 19 July 2011. (3) OJ L 308, 24.11.2010, p. 46. (4) OJ C 139, 14.6.2006, p. 1. (5) Regulation (EC) No 1081/2006 of the European Parliament and of the Council of 5 July 2006 on the European Social Fund (OJ L 210, 31.7.2006, p. 12). (6) Regulation (EC) No 1080/2006 of the European Parliament and of the Council of 5 July 2006 on the European Regional Development Fund (OJ L 210, 31.7.2006, p. 1). (7) Decision No 1672/2006/EC of the European Parliament and of the Council of 24 October 2006 establishing a Community Programme for Employment and Social Solidarity — Progress (OJ L 315, 15.11.2006, p. 1). (8) Decision No 1720/2006/EC of the European Parliament and of the Council of 15 November 2006 establishing an action programme in the field of lifelong learning (OJ L 327, 24.11.2006, p. 45). (9) Decision No 1350/2007/EC of the European Parliament and of the Council of 23 October 2007 establishing a second programme of Community action in the field of health (2008-13) (OJ L 301, 20.11.2007, p. 3). (10) Decision No 1982/2006/EC of the European Parliament and of the Council of 18 December 2006 concerning the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013) (OJ L 412, 30.12.2006, p. 1). (11) Decision No 742/2008/EC of the European Parliament and of the Council of 9 July 2008 on the Community’s participation in a research and development programme undertaken by several Member States aimed at enhancing the quality of life of older people through the use of new information and communication technologies (OJ L 201, 30.7.2008, p. 49). (12) Decision No 1639/2006/EC of the European Parliament and of the Council of 24 October 2006 establishing a Competitiveness and Innovation Framework Programme (2007 to 2013) (OJ L 310, 9.11.2006, p. 15).

Summary: European Year for Active Ageing (2012) European Year for Active Ageing (2012) The launch of the 2012 European Year shall ensure that older people stay longer in the labour market, and remain healthy, active and autonomous for as long as possible. The European Union (EU) faces rapid demographic change and must respond to the impact of the ageing population on public finances and social protection. The initiatives taken to promote active ageing shall help in meeting these challenges. ACT Decision No 940/2011/EU of the European Parliament and of the Council of 14 September 2011 on the European Year for Active Ageing and Solidarity between Generations (2012) (Text with EEA relevance). SUMMARY The 2012 European Year acts as a framework to promote active ageing and solidarity between generations. The European Union (EU) faces a rapidly ageing population and decreasing birth rate. It is therefore necessary to improve employment opportunities and working conditions for older workers, but also to improve their inclusion in society and to encourage healthy ageing. The actions carried out take account of equal treatment between people and gender equality. Objectives of the European Year The EU encourages and supports initiatives by the public authorities of its Member States, whether they take place at national, regional or local level. The social partners, actors in civil society and entreprises are also encouraged to carry out actions to promote solidarity and cooperation between generations. The activities organised at European level and in the EU countries shall: raise awareness among the general public of the importance of older persons’ participation in society and the economy; stimulate debate, exchange of information and mutual learning between participating countries in order to promote good practice and cooperation; offer a framework for commitment and concrete action to develop activities and innovative solutions, but also to set new long-term policy objectives; combat age discrimination, particularly with regard to employability. Operation The European Year is open to participation by EU Member States, candidate countries and countries of the Western Balkans and the European Economic Area (EEA). Actions may also be organised in cooperation with competent international organisations. In order to ensure that the activities are properly coordinated, each participating State shall appoint a national coordinator. In addition, the Commission shall be responsible for coordinating the Year at European level during meetings between the national coordinators and the various actors concerned. References Act Entry into force Deadline for transposition in the Member States Official Journal Decision No 940/2011/EU 24.9.2011 - OJ L 246 of 23.9.2011 See also The website of the European Commission’s Directorate General for Employment, Social Affairs and Inclusion - European Year for Active Ageing Last updated: 21.10.2011