P6_TA(2005)0087

Researchers from third countries (specific procedure) *

European Parliament legislative resolution on the proposal for a Council directive on a specific procedure for admitting third-country nationals for purposes of scientific research (COM(2004) 0178 — C6-0011/2004 — 2004/0061(CNS))

(Consultation procedure)

The European Parliament,

- having regard to the Commission proposal (COM(2004)0178) [1],

- having regard to Article 63(3)(a) and (4) of the EC Treaty,

- having regard to Article 67 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0011/2004),

- having regard to Rule 51 of its Rules of Procedure,

- having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Industry, Research and Energy (A6-0054/2005),

1. Approves the Commission proposal as amended;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

3. Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

4. Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

5. Instructs its President to forward its position to the Council and Commission.

TEXT PROPOSED BY THE COMMISSION | AMENDMENTS BY PARLIAMENT |

Amendment 1

Recital 4

(4) The number of researchers which the Community will need to meet the target set by the Barcelona European Council of 3% of GDP invested in research is estimated at 700000. This target must be met through a series of interlocking measures such as making scientific careers more attractive to young people, extending the opportunities for training and mobility in research, improving the career prospects for researchers in the Community and opening the Community up to third-country nationals who could potentially be admitted for research purposes. | (4) The number of researchers which the Community will need by 2010 to meet the target set by the Barcelona European Council of 3% of GDP invested in research is estimated at 700000. This target must be met through a series of interlocking measures such as making scientific careers more attractive to young people, promoting women's involvement in scientific research, extending the opportunities for training and mobility in research, improving the career prospects for researchers in the Community and opening the Community up to third-country nationals who could potentially be admitted for research purposes. |

Amendment 2

Recital 5

(5) This Directive is intended to contribute to achieving these goals by fostering the admission and mobility for research purposes of third-country nationals for stays of more than three months, in order to make the Community more attractive to researchers from around the world and to boost its position as an international centre for research. | (5) This Directive is intended to contribute to achieving these goals by fostering the admission and mobility for research purposes of third-country nationals for stays of more than three months, in order to make the Community more attractive to researchers from around the world, especially those with the highest qualifications, and to boost its position as an international centre for research. |

Amendment 3

Recital 12

(12) It is important to foster the mobility of researchers as a means of developing and consolidating contacts and networks between partners at world level. | (12) It is important to foster the mobility of third-country nationals admitted for the purposes of carrying out scientific research in the European Union as a means of developing and consolidating contacts and networks between partners and establishing the role of the European Research Area (ERA) at world level. |

Amendment 4

Recital 12a (new)

| (12a) Given that family reunification is an essential factor in — and may indeed by a precondition for — mobility among researchers, it should be made easier for researchers' families to join them, so as to maintain family unity. |

Amendment 32

Recital 12b (new)

| (12b) Family members of researchers should therefore be able to join them in the host Member State under the same conditions as provided for in 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 [2]. |

Amendment 5

Recital 14a (new)

| (14a) A full exemption from the restrictions on access to the labour market affecting some EU citizens during existing transitional periods should be sought for any researchers subject to such restrictions going to other Member States in order to carry out research. |

Amendment 6

Article 1

This 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 conducting a research project under a hosting agreement with a research organisation. | This Directive lays down the conditions for the admission of third-country researchers to the European Union for more than three months for the purposes of conducting a research project under hosting agreements with one or more approved research organisations in one or more Member States. |

Amendment 7

Article 2, point (b)

(b)"Researcher" means a third-country national holding a postgraduate (master's or equivalent) degree admitted to the territory of a Member State of the European Union for the purposes of conducting a research project at a research organisation; | (b)"Researcher" means a third-country national holding a postgraduate (at least master's or equivalent) degree admitted to the territory of a Member State of the European Union for the purposes of conducting a research project at a research organisation; |

Amendment 8

Article 4, paragraph 2, subparagraph 1a (new)

| Approval granted to a research organisation shall be valid for a renewable period of five years. Member States may grant approval for a longer period. Research organisations for which approval is refused shall receive a full justification for that refusal. |

Amendment 9

Article 4, paragraph 3

3. Member States shall approve for an unlimited period public and private organisations whose main tasks consist in conducting research and Member States' higher education establishments within the meaning of their legislation or administrative practice. | 3. Member States may, in accordance with national law, require the research organisation to supply a written undertaking to the effect that, should the researcher remain unlawfully on the territory of the Member State concerned, the organisation will take responsibility for reimbursing residence costs, health costs and the cost of returns paid from public funds. The research organisation's financial liability shall cease no later than six months after the expiry of the hosting agreement. |

Amendment 10

Article 4, paragraph 4

4. Member States shall approve public organisations for an unlimited period if they conduct research activities in addition to their main tasks. | Deleted |

Amendment 11

Article 4, paragraph 5

5. Member States shall approve private firms for a period of five years, renewable, if they conduct research activities in addition to their corporate purpose. | Deleted |

Amendment 12

Article 4, paragraph 6

6. When applying for approval, the research organisation shall give the host Member State an undertaking that they will assume responsibility for residence costs, health costs, and the cost of return in respect of the researchers it hosts and to issue them with the statement referred to in Article 5 (3). The research organisation shall remain responsible for these costs for one year after the date of expiry of the hosting agreement referred to in Article 5 or the date on which the organisation informs the Member State of an event rendering it impossible to implement the hosting agreement in accordance with Article 5(4), for as long as the researcher has not left the territory of the European Union. | Deleted |

Amendment 13

Article 4, paragraph 7

7. Within two months of the date of expiry of the hosting agreements concerned, the approved research organisations shall provide the authority designated for the purpose by the Member States with confirmation that the work has been carried out for each of the research projects in respect of which they have signed a hosting agreement pursuant to Article 5. | 7. Member States may provide that within two months of the date of expiry of the hosting agreements concerned, the approved research organisations are to provide the competent authorities designated for the purpose by the Member States with confirmation that the work has been carried out for each of the research projects in respect of which they have signed a hosting agreement pursuant to Article 5. |

Amendment 14

Article 4, paragraph 9

9. A Member State may refuse to renew or decide to withdraw the approval of a research organisation which no longer meets the conditions laid down in paragraphs 2 to 7 or which has signed a hosting agreement with a third-country national in respect of whom the Member State has applied Article 8(1). Where approval has been refused or withdrawn or where it has not been renewed on the basis of Article 8(1), the organisation concerned may not reapply for approval before five years from the date of publication of the decision on withdrawal or non-renewal. | 9. A Member State may refuse to renew or decide to withdraw the approval of a research organisation which no longer meets the conditions laid down in paragraphs 2 to 7 or which has signed a hosting agreement with a third-country national in respect of whom the Member State has applied Article 8(1). Where approval has been refused or withdrawn or where it has not been renewed on the basis of Article 8(1), the organisation concerned may not reapply for approval before five years from the date of publication of the decision on withdrawal or non-renewal. Research organisations shall not be held responsible for violations of the conditions specified in Article 6(a) and (d) unless there are grounds for suspecting that they colluded in the commission by the researcher of unlawful acts. |

Amendment 16

Article 7

Member States shall issue a residence permit for one year or more and shall renew it annually if the conditions laid down in Articles 5 and 6 are still met. If the research project is scheduled to last less than one year, the residence permit shall be issued for the duration of the project. | Member States shall issue a residence permit for the duration of the hosting agreement. This period may be extended by 30 days at the request of the person concerned. |

Amendment 17

Article 7a (new)

| Article 7a Family members 1.Member States shall authorise the entry and residence of family members of the researcher.2."Family members" shall be understood as meaning:(a)the spouse;(b)the partner with whom the third-country researcher has contracted a registered partnership, if the legislation of the host Member State treats registered partnerships as equivalent to marriage and in accordance with the conditions laid down in the relevant legislation of the host Member State;(c)the direct descendants who are under the age of 21 or are dependants and those of the spouse or partner as referred to in point (b);(d)the direct dependent relatives in the ascending line and those of the spouse or partner as referred to in point (b);The host Member State shall be free to apply more favourable conditions. |

Amendment 18

Article 8 paragraph 2

2. Member States may withdraw or refuse to renew a residence permit for reasons of public policy, public security or public health. Where they take such a decision, Member States shall take account of the seriousness or nature of the infringement of public policy or public health committed by the person concerned or the threat posed by that person. The competent authority of the Member State concerned may not withhold renewal of the residence permit, withdraw the permit or remove its holder from the territory on the ground of illness or disability suffered after the residence permit was issued. | 2. Member States may withdraw or refuse to renew a residence permit for reasons of public security or public health. Where they take such a decision, Member States shall take account of the seriousness or nature of the infringement of public security or public health committed by the person concerned or the threat posed by that person. The competent authority of the Member State concerned may not withhold renewal of the residence permit, withdraw the permit or remove its holder from the territory on the ground of illness or disability suffered after the residence permit was issued. |

Amendment 19

Article 11

Researchers admitted under this Directive may teach in a higher education establishment within the meaning of Member States' legislation and administrative practice, subject to a maximum number of hours per year set by each Member State. | Researchers admitted under this Directive may teach in accordance with national legislation. Member States may set a maximum number of hours or days per year that researchers are allowed to teach, if such a limitation is provided for in existing national legislation. |

Amendment 20

Article 13

1. A holder of a residence permit issued under this Directive may, under cover of the permit together with a valid passport or equivalent travel document, conduct part of his research project on the territory of another Member State, provided the latter does not regard him as a threat to public policy, public security or public health. If necessary, bearing in mind the time needed to conduct this part of the research, a new hosting agreement shall be signed, on the basis of which the researcher shall be issued a residence permit in the second Member State. | 1. A third-country national admitted as a researcher under this Directive shall be entitled to conduct part of his research work in another Member State under the conditions set out in this Article. |

2. Paragraph 1 shall not affect Member States' right to require a short-term visa for third-country nationals not covered by the mutual recognition arrangements laid down in Article 21 of the Convention Implementing the Schengen Agreement. | 2. A researcher residing for no more than three months in another Member State may conduct his research work on the basis of the hosting agreement concluded in the first Member State, provided that he has sufficient resources in the other Member State and that that State does not consider him to pose a threat to public policy, public security or public health. 2a. Should the researcher reside for more than three months in another Member State, the Member States may require that a new hosting agreement be concluded, to cover his research work in the Member State concerned. In any event, the conditions set out in Articles 5 and 6 shall be complied with vis-à-vis the other Member State. 2b. Where, under the relevant legislation, mobility is conditional upon the issue of a visa or residence permit, the visa or permit shall be granted without delay and within a period that, while allowing the competent authorities sufficient time to process the application, does not hamper the continuation of the research work. Member States shall not require the researcher to leave their territory in order to submit an application for a visa or residence permit. |

Amendment 21

Article 13, paragraph 2c (new)

| 2c. 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. |

Amendment 22

Article 15 paragraph 1

1. The relevant authorities in the Member State shall notify the applicant in writing, in accordance with the notification procedures laid down in the relevant national legislation, of their decisions regarding his application for admission or for the renewal of his residence permit at the latest within 30 days of the date on which the application was submitted. Member States shall lay down in national legislation the consequences for the authorities concerned of failing to take a decision by this deadline. In exceptional cases involving complex applications, the deadline may be extended. | 1. The relevant authorities in the Member State shall notify the applicant in writing without delay, in accordance with the notification procedures laid down in the relevant national legislation, of their decisions regarding his application for admission or for the renewal of his residence permit at the latest within 30 days of the date on which the application was submitted. Member States shall lay down in national legislation the consequences for the authorities concerned of failing to take a decision by this deadline. In exceptional cases involving complex applications, the deadline may be extended, but in no case by more than 30 days. The applicant shall receive full justification for any such extension. |

Amendment 23

Article 16 paragraph 1a (new)

| Those fees may be covered by the research organisation with which the person concerned has signed a research contract. |

Amendment 24

Article 18

Periodically, and for the first time no later than [... [3]], the Commission shall report to the European Parliament and the Council on the application of this Directive in the Member States and shall propose any amendments that are necessary. To this end, the Member States shall send the Commission statistical data on the application of this Directive. | Periodically, and for the first time two years after the entry into force of this Directive, the Commission shall report to the European Parliament and the Council on the application of this Directive in the Member States and on progress with implementation of the measures provided for in the Council Recommendation to facilitate the admission of third-country nationals to carry out scientific research in the European Community and the European Parliament and 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 and shall propose any necessary amendments and additions to this Directive and, where appropriate, that the second recommendation be converted into a regulation. To this end, the Member States shall send the Commission statistical data on the application of this Directive. |

[1] Not yet published in OJ.

[2] OJ L 158, 30.4.2004, p. 77.

[3] Three years after the entry into force of this Directive.

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