# EUR-Lex - 52004PC0178(03) - EN

Avis juridique important

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# 52004PC0178(03)

**Proposal for a Council Recommendation to facilitate the issue by the Member States of uniform short-stay visas for researchers from third countries travelling within the European Community for the purpose of carrying out scientific research /* COM/2004/0178 final - CNS 2004/0063 */ **

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Proposal for a COUNCIL RECOMMENDATION to facilitate the issue by the Member States of uniform short-stay visas for researchers from third countries travelling within the European Community for the purpose of carrying out scientific research

(presented by the Commission)

EXPLANATORY MEMORANDUM

To complete the general framework for the entry and movement of third-country nationals for the purpose of carrying out scientific research in the European Community there is a need for special measures to facilitate the conditions under which this category of people are admitted to and allowed to travel in the Member States for short periods.

The proposal for a recommendation covers only the area of uniform visas issued for a total period of no more than three months and calls on Member States gradually to adopt measures facilitating the entry and movement of researchers who are nationals of third countries subject to a visa requirement under the terms of Council Regulation No 539/2001 of 15 March 2001 [1].

[1] Council Regulation No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement, OJ L 81, 21.3.2001, p.1, as last amended by Regulation (EC) No 453/2003 (OJ L 69, 13.3.2003, p.10).

Specific measures have been identified and are being presented to the Council for adoption with a view to being implemented by the Member States. The aim is for the implementation of these measures to be evaluated a year after the adoption of the recommendation by the Council.

The proposal for a recommendation is concerned with the procedure for issuing uniform visas and builds on the Schengen acquis. The legal base for this is Article 62(2)(b)(ii), which means that the "variable geometry" provided for by the Protocols on the position of the United Kingdom and Ireland and of Denmark applies. Thus, under the Protocol on the position of Denmark annexed to the EC Treaty, Denmark will not take part in the adoption of the proposal and the recommendation will not be binding on or applicable to Denmark. However, when, as in this case, proposals build on the Schengen acquis, Article 5 of the Protocol states that "Denmark shall decide within a period of 6 months after the Council has decided on a proposal or initiative to build upon the Schengen acquis under the provisions of Title IV of the Treaty establishing the European Community, whether it will implement this decision in its national law". Nor will the recommendation apply to the United Kingdom and Ireland, unless these states are authorised to do so under a mechanism laid down in the Protocol integrating the Schengen acquis into the framework of the European Union.

In accordance with the agreement singed on 17 May 1999 between the Council, Norway and Iceland to associate these countries with the implementation and further development of the Schengen acquis, measures taken by the European Union to amend or supplement the Schengen acquis are implemented and applied by Norway and Iceland.

Article 3 of the Act of Accession states that the provisions of the Schengen acquis and the acts building upon it or related to it, listed in the annex referred to in the article, will be binding on and applicable in the new Member States from the date of accession. The provisions and acts not referred to in the annex, although binding on the new Member States from the date of accession, will only apply in a new Member State pursuant to a Council decision to that effect in accordance with the article. With the exception of Regulation (EC) No 539/2001 and Regulation (EC) No 1683/95, the Schengen provisions on visas (Articles 9 to 18 of the Schengen Convention and their implementing decisions, particularly the Common Consular Instructions) are not listed in the annex and, though binding from the date of accession, will only be applicable in the new Member States after the Council decision referred to above.

In view of the urgency and importance of these measures, both from the point of view of the objectives of the Lisbon European Council and in their own right, the objective can only be achieved by Community action.

COMMENTS ON THE MEASURES

To enable the European Union to attract researchers from outside the European Union it is necessary to facilitate entry and mobility conditions so that this category of individuals can circulate within the common area to take part in specific events under the scientific research programmes within the European Community.

The procedures and conditions for issuing uniform short-stay visas are set out in the Common Consular Instructions. These provide for ways of facilitating various aspects of the procedure for issuing visas. These are intended to apply to people acting in good faith.

The recommendation is based entirely on the assumption that researchers intending to take part in scientific research projects in the European Community and who are nationals of third countries subject to a visa requirement in accordance with Regulation No 539/2001 may be regarded as bona fide applicants for whom it is legitimate to facilitate the issue of uniform visas.

Member States may set themselves the objective of taking the necessary steps in terms of material and administrative resources to ensure, in general terms, that they reduce the amount of time taken to issue visas requested by researchers.

International movement of researchers who have to travel frequently for short periods should be facilitated, not least because this is one of the flanking measures that the Community can take to encourage the free movement of intellectual resources, rather than a brain drain to the detriment of certain third countries. For this reason, Member States should issue visas to researchers who can prove that their work necessitates frequent travel, enabling them to make several return journeys between the European Union and their country of origin. They should also adapt the length of time visas are valid to the length of the research work. Researchers would not then have to apply for several successive visas during their work.

The Schengen acquis relating to visa policy requires visa applicants to present a number of documents in support of their application. Recognising researchers as bona fide applicants, Member States could consider reducing the evidence required in support of applications for this category of people, taking into account the local situation. In consultation with approved research organisations, a harmonised approach could facilitate the processing of researchers' visa applications.

Under the rules laid down in the acquis, Member States may reduce or waive the fees for processing researchers' individual applications.

To promote the exchange of best practice, Member States will engage in consultation at local level and share information about the administrative approaches they use to facilitate the processing of visa applications by researchers.

On the basis of information supplied by the Member States, the Commission will present a first assessment of the measures one year after the date of adoption of the recommendation.

2004/0063 (CNS)

Proposal for a COUNCIL RECOMMENDATION to facilitate the issue by the Member States of uniform short-stay visas for researchers from third countries travelling within the European Community for the purpose of carrying out scientific research

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 62(2)(b)(ii) thereof,

Having regard to the proposal from the Commission [2],

[2] OJ C , , p. .

Having regard to the opinion of the European Parliament [3],

[3] OJ C , , p. .

Having regard to the opinion of the European Economic and Social Committee [4],

[4] OJ C , , p. .

Whereas:

(1) With a view to consolidating and restructuring European research policy the Commission decided in January 2000 [5] that it was necessary to create a European research area as the centrepiece of future action by the Community in this area.

[5] COM (2000) 6, 18 January 2000.

(2) The Lisbon European Council, endorsing the European research area, set the Community the target of becoming the most competitive and dynamic knowledge-based economy in the world by the year 2010.

(3) The globalisation of the economy calls for greater mobility for researchers, something which was recognised by the European Community's sixth Framework Programme for Research when it opened up its programmes more to researchers from third countries.

(4) The number of researchers which the Community will need if it is to meet the target set by the Barcelona European Council of investing 3% of GDP in research is put at 700 000. This target must be met through a series of interlocking measures, such as making scientific careers more attractive to young people, increasing the opportunities for training and mobility in research, improving career prospects for researchers within the Community and opening up the Community to third-country nationals who might be allowed to enter and travel within the common area for the purposes of research.

(5) In order to be competitive and attractive at international level, Member States should take the necessary steps to facilitate the entry into and movement of researchers within the Community for short periods.

(6) For short stays, Member States should undertake to consider researchers from third countries subject to a visa requirement under Regulation No 539/2001 as people acting in good faith and extend to them the advantages provided for in the acquis for the purpose of the procedures for issuing short-stay visas.

(7) Measures should be taken to encourage the exchange of information and best practice in order to improve the procedures for issuing short-stay visas for researchers.

(8) This recommendation respects fundamental rights and complies with the principles laid down, for example, by the Charter of Fundamental Rights of the European Union.

(9) In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and the Treaty establishing the European Community, Denmark will not take part in the adoption of this recommendation and is therefore not affected by it. However, because this recommendation seeks to build upon the Schengen acquis, under the provisions of Part Three, Title IV of the Treaty establishing the European Community, Article 5 of the Protocol applies.

(10) This recommendation builds on the Schengen acquis, which the United Kingdom does not take part in, in accordance with Article 4 and 5 of the Protocol integrating the Schengen acquis into the framework of the European Union, annexed to the Treaty on European Union and the Treaty establishing the European Community, with the result that the United Kingdom will not take part in the adoption of this recommendation and is not affected by it.

(11) This recommendation builds on the Schengen acquis, which Ireland does not take part in, in accordance with Article 4 and 5 of the Protocol integrating the Schengen acquis into the framework of the European Union, annexed to the Treaty on European Union and the Treaty establishing the European Community, with the result that Ireland will not take part in the adoption of this recommendation and is not affected by it.

(12) In the case of the Republic of Iceland and the Kingdom of Norway, this recommendation is a further development of the provisions of the Schengen acquis, which falls within the area referred to in point B of Article 1 of the Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis.

(13) The recommendation constitutes an act building upon the Schengen acquis or otherwise related to it, within the meaning of Article 3(2) of the Act of Accession,

HEREBY RECOMMENDS:

1. facilitate the issue of visas by undertaking to expedite the examination of visa applications from researchers from third countries subject to a visa requirement under Regulation No 539/2001.

2. promote the international mobility of researchers from third countries needing to travel frequently within the European Union by issuing them with multiple entry visas. When determining the period of validity of the visas, the Member States will take into account the duration of the research programmes in which the researchers are taking part.

3. undertake to facilitate the adoption of a harmonised approach to the supporting evidence researchers are required to enclose with their visa application. They will consult the approved research organisations on this matter.

4. encourage the issue of visas without administrative fees for researchers, in accordance with the rules laid down in the acquis.

5. take account of the goal of facilitating the issue of visas to researchers from third countries when engaging in local consular cooperation, in order to promote the exchange of best practice.

6. undertake to supply the Commission, one year after the adoption of the recommendation, with information about best practices adopted to facilitate the issue of uniform visas for researchers, to enable it to evaluate the progress made.

Done at Brussels,

For the Council

The President