COM(2011)0901

The Commission presents a report on the application of Directive 2005/71/EC on a specific procedure for admitting third- country nationals for the purposes of scientific research.

To recall, the overall aim of the Directive is to reduce obstacles to the entry and residence in the EU of third-country national researchers and to grant them intra-EU mobility rights. The Directive introduced a mechanism that was new to the then existing EU acquis in the area of migration. Specifically approved research organisations could conclude hosting agreements with researchers on the basis of which a researcher would no longer require a work permit in addition to a residence permit.

This report assesses the application of the Directive.

The legal analysis shows that Member States have transposed most of the key elements of the Directive, be it the approval of research organisations, hosting agreements or application procedures. However, the report sets out the need for improvement in certain areas - through enhanced transposition, possible amendments to the Directive and better guidance and information provision.

Definitions : basic definitions such as 'researcher' and 'research organisation' need to gain a uniform understanding in all Member States bound by the Directive. While a majority of Member States have defined 'research' and 'research organisation' in line with the Directive, less than half of Member States have done so for the definition of 'researcher'. To complete the European Research Area and increase the attractiveness of Europe as a research destination, it is important that all Member States interpret and apply the definitions in a uniform way.

Researchers’ rights : Member States' effective implementation of the Directive is paramount, in particular by providing clear and unambiguous definitions of researchers' rights, safeguarding them in the event of the withdrawal of a research organisation's approval, and by making clear distinctions between permits for researchers and other types of permits. The directive provides for the lapsing of the hosting agreement if a researcher is not admitted to the country or if the legal relationship between the researcher and the research organisation is terminated. Most Member States have complied. The transposition is incomplete in 2 Member States, where the lapsing of researchers’ residence permits is regulated rather than the lapsing of their hosting agreements.

Possible amendments to the Directive : the report points to a number of areas in which the Directive may need to be amended. These include:

clear definitions regarding the legal quality and format of hosting agreements : in the hosting agreement the researcher undertakes to complete the research project and the research organisation undertakes to host the researcher for that purpose. Member States have addressed this provision in different ways, with the majority of countries applying only the hosting agreement, others requiring an employment contract instead of or in addition to the hosting agreement while 2 countries require only an employment contract; a more uniform way of updating and publishing the list of research organisations : in some Member States there are no legal obligations to publish the list, and others publish the list only in official documents which can be difficult to access. 'Regular update' is interpreted in different ways, with some updates being done only on an annual basis; laying down of time limits for deciding on an application : Member States are required to adopt a decision on a researcher’s admission as soon as possible and - where appropriate - to provide for accelerated procedures. Transposition is fully compliant in most countries, with some using the wording of the Directive whereas others set explicit time limits and 5 Member States have no provision.

The reinforced Global Approach to Migration and Mobility (GAMM) provides an appropriate context to strengthen the application of the Directive. The partnership frameworks under the GAMM, in particular mobility partnerships, will offer opportunities to attract researchers from key partner regions such as the Southern and Eastern Neighbourhood.

The need to improve and promote the Directive is underlined also by the low numbers of researchers admitted under the Directive (6,945 in 2010, many coming from India, China, the United States, the Russian Federation and Japan). This is in stark contrast to the challenges at stake. In order to meet the Europe 2020 target of increasing R&D investment to 3% of GDP, one million additional researchers will be needed . The Council calls for larger numbers of talented people to be attracted to and encouraged to remain within the European Research Area.

Attention should also be given to the objective set in the Strategy for equality between women and men 2010-2015, as there is still a large gender imbalance among researchers.

Improvements can be made in several ways. Provision of information and raising awareness of the possibilities the Directive offers are important and the Commission is playing its part, mainly through the EURAXESS portal and the network of EURAXESS Service Centres as well as the Immigration Portal. Moreover, the mobility partnerships and other cooperation tools and partnership frameworks under the GAMM will be used to further improve the provision of information and awareness raising to priority partner countries.

COM(2011)0901
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PURPOSE : to contribute to the achievement of the Lisbon objectives by making it easier for researchers easier to enter and move within the Community, in order to increase the attractiveness of the Community for researchers throughout the world.

LEGISLATIVE ACT : Council Directive 2005/71/EC on a specific procedure for admitting third-country nationals for the purposes of scientific research

CONTENT : The Council adopted a Directive on a specific procedure for admitting third-country nationals for purposes of scientific research and a Recommendation to facilitate the admission of third-country nationals to carry out scientific research in the EU. The Directive and the Recommendation are completed by a third text: a Recommendation to facilitate the issue by Member States of uniform short-stay visas for researchers from third countries, which was adopted by the Council on 18 July 2005

The Directive lays down the conditions for the admission of third-country researchers to the

Member States for more than three months for the purposes of carrying out a research project under hosting agreements with research organisations.

The aim of the Directive is to foster the admission and mobility for research purposes of third country nationals in order to make the EU more attractive to researchers from around the world and to boost its position as an international centre for research.

The main elements of the directive are as follows:

Conditions for admission: the directive makes provisions for an accelerated admissions procedure for researchers from third countries. The specific procedure for researchers is based on collaboration between the research organisations and the immigration authorities in the Member States: it gives the former a key role in the admission procedure with a view to facilitating and speeding up the entry and residence of third-country researchers in the Community while preserving Member States’ prerogatives with respect to immigration policing. Researchers are no longer required to produce a work permit in addition to a residence permit.

Hosting agreement: A research organisation wishing to host a researcher signs a hosting agreement with the latter whereby the researcher undertakes to complete the research project and the organisation undertakes to host the researcher for that purpose. Research organisations may sign hosting agreements only if the following conditions are met: the research project has been accepted by the relevant authorities in the organisation; during his/her stay the researcher has sufficient monthly resources to meet his/her expenses and return travel costs; during his/her stay the researcher has sickness insurance for all the risks normally covered for nationals of the Member State concerned; the hosting agreement specifies the legal relationship and working conditions of the researchers.

Equal treatment and mobility between Member States: Holders of a residence permit shall be entitled to equal treatment with nationals as regards: recognition of diplomas, certificates and other professional qualifications in accordance with the relevant national procedures; working conditions, including pay and dismissal; branches of social security; tax benefits; and access to goods and services and the supply of goods and services made available to the public. A third-country national who has been admitted as a researcher will be allowed to carry out part of his/her research in another Member State under the conditions set out in the Directive.

Applications for residence permits: Member States are encouraged to authorise third country researchers who are already legally in their territory to present an application for a residence permit for research directly to the authorities without having to return to their country of origin.

ENTRY INTO FORCE: 23/11/2005.

TRANSPOSITION : 12/10/2007.

Directive 2005/71
OJ L 289 03.11.2005, p. 0015-0022

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2653

The European Parliament adopted a resolution drafted by Vincent PEILLON (PES, FR) broadly approving the proposal with some amendments. (Please see the summary of 16/03/05.) The amendments adopted aim mainly to create more favourable conditions for family reunification for foreign researchers working in the Union. To make the administrative formalities easier, Parliament proposed to bring the duration for which the residence visa is granted into line with the duration of the agreement between the researcher to a research body (instead of a duration equal to or more than one year, with the option of annual renewal, as the Commission proposed). Parliament set an upper limit of five years on the accreditation of research bodies entitled to provide host conventions to foreign researchers (which may be extended by 30 days at the request of the person concerned) and made such bodies financially responsible if the researcher remains illegally in the territory once the convention has expired. During the period of validity of his residence permit, the researcher may apply for a new hosting agreement in the same or another Member State . The new application shall be treated by a simplified procedure, which does not include examination of the condition stipulated in Article 5(2)(a)(ii), provided that the initial research organisation provides written confirmation that the work has been carried out satisfactorily up to the time of submission of the new application.

Finally, Parliament stipulated that the Commission should produce a report every two years.

T6-0087/2005
OJ C 033 09.02.2006, p. 0026-0146 E

Results of vote in Parliament

The European Parliament adopted a resolution drafted by Vincent PEILLON (PES, FR) broadly approving the proposal with some amendments. (Please see the summary of 16/03/05.) The amendments adopted aim mainly to create more favourable conditions for family reunification for foreign researchers working in the Union. To make the administrative formalities easier, Parliament proposed to bring the duration for which the residence visa is granted into line with the duration of the agreement between the researcher to a research body (instead of a duration equal to or more than one year, with the option of annual renewal, as the Commission proposed). Parliament set an upper limit of five years on the accreditation of research bodies entitled to provide host conventions to foreign researchers (which may be extended by 30 days at the request of the person concerned) and made such bodies financially responsible if the researcher remains illegally in the territory once the convention has expired. During the period of validity of his residence permit, the researcher may apply for a new hosting agreement in the same or another Member State . The new application shall be treated by a simplified procedure, which does not include examination of the condition stipulated in Article 5(2)(a)(ii), provided that the initial research organisation provides written confirmation that the work has been carried out satisfactorily up to the time of submission of the new application.

Finally, Parliament stipulated that the Commission should produce a report every two years.

T6-0087/2005

A6-0054/2005

A6-0054/2005

EP: decision of the committee responsible, 1st reading/single reading

The committee adopted the report by Vincent PEILLON (PES, FR) broadly approving the proposal under the consultation procedure, subject to a number of amendments which took account of the text of the political agreement reached by the Council on 19 November 2004:

- approval of 'host' research organisations should not be granted for an unlimited period, but instead for a renewable period of 5 years. However, Member States may grant approval for a longer period;

- to guard against abuses, research organisations should be required to bear any costs arising from unlawful stays by researchers for a period of 6 months after the expiry of the agreement;

- to simplify administrative formalities, Member States should issue a residence permit for the duration of the hosting agreement rather than issuing it for one year at a time and renewing it;

- whereas the Council wanted certain measures on family reunification to be optional for Member States, such as the right for direct family members (spouse or partner, children under 21 or dependent parents) to join the researcher, the committee added a new Article 7a making such provisions mandatory. It added that the host Member State should be free to apply more favourable conditions;

- as mobility is an essential factor in the transfer of knowledge and formation of scientists’ networks, the visa holder should be allowed to conduct part of his/her research work in another Member State. However if the researcher wishes to stay there for more than three months, the second Member State may require a new hosting agreement.

PE350.101

2618

CDR0168/2004
OJ C 071 22.03.2005, p. 0006-0010

CES1434/2004
OJ C 120 20.05.2005, p. 0060-0063

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COM(2004)0178
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COM(2004)0178
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