Communication from the Commission to the Council and the European Parliament on the presentation of a proposal for a directive and two proposals for recommendations on the admission of third-country nationals to carry out scientific research in the European Community
Date: 2004-03-16
Institutions: European Commission
Subjects: EU national, EU research policy, admission of aliens, scientific exchange

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 16.3.2004 
COM(2004) 178 final 

2004/0061 (CNS) 
2004/0062 (CNS) 
2004/0063 (CNS) 

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE 
EUROPEAN PARLIAMENT 

on the presentation of a proposal for a directive and two proposals for recommendations 
on the admission of third-country nationals to carry out scientific research in the 
European Community 

Proposal for a 

COUNCIL DIRECTIVE 

on a specific procedure for admitting third-country nationals for purposes of scientific 
research 

Proposal for a  

COUNCIL RECOMMENDATION 

to facilitate the admission of third-country nationals to carry out scientific 
research in the European Community 

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) 

EN 

   EN 

 
 
 
  
 
COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE 
EUROPEAN PARLIAMENT 

on the presentation of a proposal for a directive and two proposals for recommendations 
on the admission of third-country nationals to carry out scientific research in the 
European Community 

1. 

1.1 

General outline 

Developing  research  to  become  the  most  competitive  and  dynamic  knowledge 
economy in the world 

Since its launch by the Commission in January 2000 the European Research Area has 
been the lynchpin of the European Union’s research policy.1 It received the backing 
of  the  Lisbon  European  Council  in  March 2000  and  is  the  keystone  of  the  new 
strategic  objective  the  European  Union  has  set  itself  for  the  coming  decade:  to 
become  the  most  competitive  and  dynamic  knowledge  economy  in  the  world.  To 
achieve this objective it will be necessary to develop a global strategy to prepare the 
transition  to  a  knowledge-based  society  and  economy.  One  of  the  preferred 
instruments for achieving this goal is support for the mobility of researchers, as was 
underlined in a Council Resolution of 10 December 2001. In its Lisbon conclusions 
the  European  Council  asked  the  Council  and  the  Commission,  together  with  the 
Member States where appropriate, to take the necessary “steps to remove obstacles to 
the mobility of researchers in Europe by 2002 and to attract and retain high-quality 
research talent in Europe.”2 This desire was reiterated in the Council conclusions of 
26 November 2002,  which  called  on  “the  Member  States,  in  collaboration  with  the 
Commission,  to  strengthen  the  actions  being  undertaken  to  develop  the  European 
research  area,  in  particular  by:  facilitating  or  continuing  to  facilitate  entry  and 
residence for researchers from third countries.” This concern was also shared by the 
European  Parliament,  notably  in  its  report  of  9 May 20003  and  a  resolution  of 
18 May 2000.4 

1.2 

Encouraging the mobility of researchers in a globalising world 

The  mobility  of  researchers  is  a  key  element  in  the  acquisition  and  transfer  of 
is  more  and  more 
knowledge.  The  globalisation  of 
knowledge-based,  is  constantly  increasing  the  international  dimension  of  science. 
This  concern  was  highlighted 
the 
international  dimension  of  the  European  Research  Area5  and  is  also  at  the  heart  of 
the  Sixth  Framework  Programme  of  the  European  Community  for  research, 

the  Commission  Communication  on 

the  economy,  which 

in 

1 
2 
3 

4 

5 

COM(2000)6, 18.1.2000. 
Point 13 of the conclusions. 
Report  of  9 May 2000  on  the  Commission  communication  Towards  a  European  Research  Area 
(AF-0131). 
European  Parliament  Resolution  of  18 May 2002  on  the  Commission  communication  Towards  a 
European Research Area (A5-0131/2000), p.40. 
COM(2001) 346 final, 25.6.2001. 

2 

 
 
  
 
                                                 
technological  development  and  demonstration  activities,6  particularly  within  the 
context  of  the  specific  programme  for  Structuring  the  European  Research  Area,7 
which  sets  out  to  boost  mobility  by  encouraging  European  researchers  to  move  to 
other  parts  of  the  world  and  the  admission  and  transfer  of  researchers  from  third 
countries  to  the  European  Union.  This  new  dimension  to  research  has  been 
characterised  by  a  major  opening-up  of  possibilities  for  third-country  nationals  to 
take  part  in  the  Sixth  Framework  Programme.  The  opening  of  the  doors  to 
researchers  from  outside  the  European  Union  has  been  seen  as  a  key  measure  to 
make the Union more attractive for researchers throughout the world in future. 

1.3 

700 000 researchers are needed by 2010 

The Human Resources and Mobility activity that is part of the Commission’s Sixth 
Framework  Programme  earmarks  no  less  than  €1.6 billion  for  support  for  the 
training, mobility and career development of researchers.8 This is a response to the 
discovery that the European Union will need 700 000 additional researchers by 2010 
if it is to achieve the objective set by the Barcelona European Council to devote 3% 
of the Member States’ GDP to research and technological development by the end of 
the  decade.9  To  satisfy  this  need  it  will  be  necessary  to  produce  interlocking 
measures  to  make  science  attractive  to  young  people  at  school,  improve  the  career 
prospects  for  researchers  in  the  European  Union  and  extend  the  opportunities  for 
training and mobility. As, however, the European Union is unlikely to produce this 
considerable number of researchers itself, it will also be necessary to take measures 
to attract researchers from outside the Union. 

1.4 

A three-fold approach 

This  Commission  initiative  is  made  up  of  a  proposal  for  a  directive  and  two 
proposals  for  Council  recommendations.  The  first  recommendation  calls  on  the 
Member  States  to  adopt  a  number  of  practical  measures  without  delay,  since  it 
inevitably takes several years before a directive is in full operation and the adoption 
of  the  directive  would  not  on  its  own  be  sufficient  to  meet  the  European  Council's 
objectives  within  the  time  available.  This  recommendation  will  therefore  make  it 
possible to take action on a number of points in advance of transposal of the directive 
by calling on the Member States to implement measures which are in keeping with 
the directive and will make it easier to apply at a later date. This recommendation is 
in  any  case  justified  independently  of  the  directive  since,  as  well  as  family 
reunification and operational cooperation, it covers areas which are not dealt with in 
the proposal for a directive. A second recommendation deals with the more specific 
question of short-term visas to meet the particular needs of researchers who have to 
attend conferences or seminars in connection with their work. 

6 
7 
8 
9 

OJ L 232, 29.8.2002, p.1. 
OJ L 294, 29.10.2002, p.44. 
OJ L 294, 29.10.2002, p.50. 
Commission  communication  Investing 
(COM(2003)226). 

in  research :  an  action  plan 

for  Europe,  30.4.2003 

3 

 
 
  
 
                                                 
1.5 

Developing partnerships with third countries 

The  European  Union  supports  the  idea  of  admitting  a  large  number  of  researchers 
from outside the Union. This would make it possible to greatly extend its scientific 
cooperation and partnership networks all over the world. This desire to encourage the 
admission  and  mobility  of  researchers  will,  however,  have  to  take  account  of  the 
need  for  flanking  measures  to  prevent  a  new  brain  drain  from  less  developed 
countries.  In  addition  to  the  measures  on  short-term  visa  policy  introduced  in  the 
recommendation  in  order  to  promote  the  international  mobility  of  researchers,  and 
the  request  to  the  Member  States  to  ensure  that  their  measures  to  encourage 
third-country  researchers  to  visit  and  work  in  the  EU  do  not  undermine  the  fight 
against  the  brain  drain  from  the  emerging  or  developing  countries,  other  measures 
must  be  studied  against  the  background  of  the  partnership  with  countries  of  origin 
mentioned in the conclusions to the Tampere Summit as necessary components of a 
comprehensive  migration  policy.  In  its  Sixth  Research  Framework  Programme  the 
Community  has  already  decided  to  provide  reintegration  grants  for  researchers 
coming from developing or transition countries,10 and it will look into the possibility 
of adopting other measures to encourage the development of expatriate communities 
of  scientific  researchers  working  on  their  countries’  development  in  the  fields  of 
science, technology and higher education. Reflection on this subject has moved on at 
European  level  with  the  publication  on  3  December  2002  of  the  Commission 
communication  on  integrating  migration  issues  in  the  European  Union's  relations 
with  third  countries,11  which  provided  the  basis  for  the  Council  to  adopt  its 
conclusions on the question of migration and development on 19 May 2003, asking 
the Commission to present a report and concrete proposals for the end of 2004. 

2. 

Background  and  compatibility  of  the  proposal  with  other  Commission 
initiatives  

2.1. 

Proposals in line with the European Research Policy 

The  question  of  further  opening  up  research  programmes  to  third-country  nationals 
was examined when the European Research Area was launched. In 2000, in response 
to  the  mandate  from  the  Lisbon  European  Council,  the  Commission  set  up  a 
high-level  expert  group  to  identify  obstacles  to  the  mobility  of  researchers  and  to 
draw  up  proposals  for  removing  such  obstacles.  On  20  June  2001  the  Commission 
responded  to  the  group's  report  of  4 April  200112  by  adopting  a  Communication 
proposing a mobility strategy for the European Research Area13 in which it makes a 
number  of  practical  suggestions,  some  of  which  relate  to  legal  or  statutory  aspects 
and in particular the concept of creating a specific residence permit for third-country 
researchers. The Commission has developed close ties with Ministries of Justice or 
Home Affairs in the Member States in implementing this Communication. Following 
a questionnaire sent to the Member States and the candidate countries which revealed 
that,  although  nine  of  the  fifteen  Member  States  had  adopted  measures  to  facilitate 
the  admission  of  third-country  researchers,  only  two  of  them  had  introduced  a 

10 
11 
12 
13 

Marie Curie human resources and mobility actions. 
COM(2002)703. 
http://europa.eu.int/comm/research/fp5/pdf/finalreportmobilityhleg.pdf 
COM(2001)331. 

4 

 
 
  
 
                                                 
specific  admission  procedure,  additional  fact-finding  missions  were  carried  out  by 
the  Commission  in  several  Member  States  in  the  course  of  2003.  These  measures 
enabled  the  Commission  to  propose  a  number  of  policy  options  which  led  to  the 
current  proposals  for  a  directive  and  recommendations  following  discussions  with 
experts in the Member States. 

2.2. 

Proposals to complement Community immigration policy instruments  

In its Communication of 22 November 2000 on a Community immigration policy14 
the  Commission  clearly  opts  for  the  controlled  reopening  of  legal  immigration 
channels  according  to  various  parameters  and  depending  on  the  categories  of 
migrants  concerned.  These  parameters  include  Member  States'  requirements.  This 
approach is particularly appropriate in the case of researchers, who make up a special 
category  of  well-qualified  migrants  of  the  type  which  the  EU  most  needs  and  will 
derive  the  most  benefit  from  welcoming.  Researchers  are  often  required  to  move 
around frequently for professional reasons and to settle for varying periods of time in 
several  different  countries  over  the  course  of  their  career.  They  will  derive  general 
benefit  from  advances  in  Community  migration  policy,  including  the  uniform 
short-stay visa – which allows them to move around freely within the Schengen area 
for  a  maximum  of  three  months  –  and  the  right  of  residence  in  the  other 
Member States  granted  under  certain  conditions  by  the  directive  on  the  status  of 
long-term residents to third country nationals after they have been legally resident in 
the EU for five years.15 

To  meet  the  challenges  facing  the  EU  in the field of  research, specific Community 
rules  on  the  admission  and  mobility  of  third-country  researchers  are  needed.  The 
proposal  for  a  Directive  on  the  conditions  of  entry  and  residence  of  third-country 
nationals for the purpose of paid employment and self-employed economic activities 
also made specific provision for the adoption of Community measures especially for 
researchers.16
 Whether or not third-country researchers admitted to the EU can bring 
members  of  their  family  to  join  them  is  an  essential  aspect  of  the  problem  of 
mobility. As family reunification of third-country nationals has just been dealt with 
in  a  directive  adopted  by  the  Council  on  22  September  2003,17  this  issue  is  not 
addressed  in  the  proposal  for  a  directive  but  in  the  first  proposal  for  a 
recommendation.  This  initiative  supplements  the  proposal  for  a  Directive  on  the 
conditions  of  entry  and  residence  of  third  country  nationals  for  the  purposes  of 
studies, vocational training or voluntary service,18
 which covers students enrolling in 
a  higher  education  establishment  in  the  European  Union  to  study  for  a  doctorate. 
"Doctoral students", who are a special category of researcher, are therefore excluded 
from the scope of this proposal unless they are employed as researchers in their host 
organisation in another capacity (for example, if they have an employment contract 

14 
15 

16 
17 

18 

COM(2000)757. 
Cf.  Chapter III  –  Residence  in  the other  Member States –  of  the  Directive  2003/109 of  25 November 
2003 concerning the status of third-country nationals who are long-term residents (OJ L 16, 23.01.2004, 
p. 44). 
COM(2001)386 (OJ C 332, 27.11.2001, p. 248). 
Directive  2003/86  of  22 September 2003  on  the  right  to  family  reunification  (OJ  L  251,  3.10.2003, 
p.12). 
COM(2002)548 (OJ C 45, 25 February 2003, p.18). 

5 

 
 
  
 
                                                 
to  write  their  thesis).  All  third-country  researchers  who  can  be  admitted  to  the 
European  Union  are  therefore  covered  by  legislative  initiatives  as  promised  by  the 
Commission  in  response  to  the  amendments  proposed  by  Parliament  in  relation  to 
unpaid researchers19 in its legislative resolution of 3 June 2003 on the proposal for a 
Council directive on the conditions of entry and residence of third-country nationals 
for the purposes of studies, vocational training or voluntary service.20 

19 

20 

An unpaid researcher will be covered by this Directive provided that he has sufficient resources to cover 
his  living  expenses  and  return  journey  in  accordance  with  Article 5(2)(b).  The  same  will  apply  to 
students enrolled to study for a doctorate at a higher education establishment in their country of origin 
who might come to the EU to do part of their research for their doctorate. 
EP 332.951, p.46. 

6 

 
 
  
 
                                                 
Proposal for a COUNCIL DIRECTIVE on a specific procedure for admitting 
third-country nationals for purposes of scientific research 

EXPLANATORY MEMORANDUM 

1. 

PRESENTATION OF THE PROVISIONS OF THE PROPOSAL FOR A DIRECTIVE 

The  proposal  for  a  directive  seeks  to  create  a  special  procedure  for  admitting 
third-country nationals for the purpose of carrying out scientific research. It revolves 
around three key elements: 

1.1. 

Central role of research organisations 

Following the example of a number of Member States, the proposal provides for the 
introduction  of  a  special  admission  mechanism  for  researchers  from  non-member 
countries. The unique feature of this is that it gives authorised research organisations 
a  role  in  the  procedure  leading  to  the  issue  of  a  residence  permit.  The  aim  is  to 
facilitate  the  admission  and  mobility  of  researchers  by  relieving  the  immigration 
authorities in the Member States of the task of checking whether the research project 
is credible, particularly as regards the financial aspects, and whether the person has 
the  necessary  skills  to  see  it  through.  This  task  will  be  assigned  to  the  research 
organisations,  which  will  thus  play  an  essential  role  in  the  admission  procedure  by 
signing  with  the  third-country  national  concerned  a  hosting  agreement  offering 
guarantees  concerning  the  ability  to  complete  the  envisaged  research  and  the 
conditions,  in  particular  the  financial  aspects,  in  which  the  research  will  be 
conducted.  The  hosting  agreement  is  reminiscent  of  the  fast-track  procedure  for 
issuing  residence  permits  proposed  by  the  Commission  for  students  and  pupil 
exchanges21;  there  is  a  fundamental  difference,  however,  in  that  it  actually  triggers 
the  admission  procedure.  As  the  name  suggests,  it  is  a  legal  contract  by  which  the 
organisation  undertakes  to  host  the  researcher,  and  the  researcher  undertakes  to 
complete  the  research  project,  on  the  terms  laid  down  and  subject  to  issue  of  the 
residence permit by the immigration authorities. Note that it does not determine the 
legal  status  of  the  researcher  in  relation  to  the  host  organisation;  this  will  be  laid 
down in a separate legal instrument which, depending on the individual case, could 
be an employment contract, a fellowship, etc. 

1.2. 

Division of roles between research organisations and Member States 

The  admission  procedure  envisaged  does  not  impinge  on  the  powers  of  the 
Member States'  immigration  authorities,  which  will  still  have  to  be  involved  for  a 
researcher to be admitted. The respective roles of the host research organisation and 
the  competent  authority  of  the  Member State  must  therefore  be  clearly  laid  down. 
The  research  organisation  will  have  to  check  the  conditions  which  have  to  be 
fulfilled for it to be able to sign a hosting agreement: this could be the existence of a 

21 

See Article 21 of the Proposal for a Council Directive on the conditions of entry and residence of third 
country nationals for the purposes of studies, vocational training or voluntary service (COM(2002)548, 
7 October 2002; OJ C 45, 25 February 2003, p. 40). 

7 

 
 
  
 
 
                                                 
research  project  meeting  the  requirements  of  Article 5  and  accepted  by  the  host 
organisation, evidence that the researcher is in possession of adequate resources and 
health  insurance  for  the  duration  of  the  stay,  and  an  undertaking  by  the  host 
organisation  to  meet  the  researcher's  living  expenses,  health  costs  and  return  travel 
costs. The Member States will check the identity of the third-country nationals and 
their  travel  documents  and  ascertain  that  they  do  not  constitute  a  threat  to  public 
order, public security or public health. Such threats will concern not only the person 
of  the  third-country  national  but  also  the  purpose  of  the  research  envisaged,  for 
instance  whether  the  work  could  be  sensitive  from  a  military  angle  and  for  that 
reason could be considered a threat to public security. The Member States will also 
check that a hosting agreement satisfying the requirements of Articles 5(2) has been 
signed and that the host organisation has formally undertaken to meet the costs of the 
researcher. Member States  have the power to check whether the hosting agreement 
has been signed by the research organisation in compliance with the terms laid down 
in  Article 5,  in  particular  as  regards  the  researcher's  financial  resources  and  health 
insurance.  As  the  objective  is  to  simplify  the  procedure,  this  double  check  on  the 
conditions  laid  down  in  Article 5  will  be  performed  by  Member  States  only  in 
exceptional  or  problem  cases.  The  admission  procedures  are  based  instead  on  the 
trust to be built up between Member States and research organisations.  

1.3. 

Assumption of responsibility by research organisations 

The research organisations empowered to use the special admission procedure have 
been  defined  in  broad  terms  on  the  basis  of  the  European  Union's  research 
requirements.  As  the  effort  to  be  made  to  achieve  the  3%  of  GDP  target  for 
investment in research22 largely concerns the private sector, it is necessary to include 
that  sector.  For  the  purpose  of  this  proposal,  a  research  organisation  should 
accordingly  be  understood  to  mean  any  type  of  public  or  private  establishment  or 
firm  conducting  research,  such  as  a  university,  a  laboratory,  a  research  centre,  a 
foundation,  a  firm,  an  international  organisation  or  non-governmental  organisation, 
etc.  Because  of  the  prerogatives  granted  to  research  organisations  and  their 
collaboration with the immigration authorities, measures will be taken to check their 
reliability  and  to  ensure  that  they  assume  their  responsibilities  in  performing  their 
tasks. In this connection the proposed directive requires organisations to be approved 
before  they  can  apply  the  special  procedure.  The  approval  arrangements  differ 
according  to  whether  they  are  involved  in  research  as  a  principal  activity  or  as  an 
ancillary activity, and an additional requirement is imposed on private firms in order 
to  limit  the  risks  of  the  procedure  being  abused.  In  return  for  the  prerogatives 
granted,  the  proposed  directive  makes  the  research  organisation  financially 
responsible for the researcher's living expenses, health costs and return travel costs, 
should any of these have to be borne by the host state, or  if  the  researcher  were to 
remain illegally in the European Union after expiry of the residence permit. Finally, 
the proposal allows Member States to refuse to renew or to withdraw the approval of 
a  research  organisation  which  fails  to  meet  the  conditions  required  or  which  signs 
research agreements with persons who do not satisfy the admission conditions, who 

22 

Commission  communication  More  Research  for  Europe:  towards 3%  of  GDP  (COM(2002)499)  and 
(SEC(2002)929)  of 
Commission  staff  working  paper 
11 September 2002. 

this  Communication 

in  support  of 

8 

 
 
  
 
                                                 
misuse their researcher status to work for purposes other than their research project 
or who remain illegally in the European Union after expiry of their residence permit. 

1.4. 

A broad interpretation of the concept of researcher, adapted to the needs of the 
European Union 

Given  that  the  European  Union  will  have  a  serious  shortage  of  researchers  in  the 
coming years, it was not thought to be appropriate to restrict the procedure to persons 
who  already  have  the  status  of  researcher  in  their  country  of  origin.  The  stress  has 
been  placed  instead  on  the  purpose  of  admission,  namely  carrying  out  a  research 
project, which should enable the European Union to temporarily host as researchers 
high-level  professionals  or  experts  who  are  not  necessarily  involved  in  research  in 
their country of origin, or young graduates who are needed in the European Union, in 
particular for the exact sciences. The qualifications of persons for whom admission is 
sought, and the scientific value of the research planned, will in principle be assessed 
exclusively  by  the  research  organisations,  with  due  respect  for  the  minimum 
requirements set in this connection by the directive, namely a post-graduate degree23 
and the presentation of a project setting out the purpose of the research, its duration 
and  funding.  The  directive  provides  for  its  scope  to  be  extended  to  include  people 
who  might  be  admitted  for  the  purpose  of  teaching  in  a  higher  education 
establishment in order to fit in with the practices of the Member States concerned. 

1.5. 

A residence permit not linked to the status of the researcher 

In  addition  to  a  fast  admission  procedure,  one  of  the  other  major  benefits  that  this 
directive  will  offer  third-country  researchers  and  research  organisations  is  the 
simplification of the conditions under which they can be admitted as migrants. The 
Commission  noted  in  1996,  in  its  Green  Paper  Education -  training -  research:  the 
obstacles  to  transnational  mobility24,  that  one  of  the  difficulties  encountered  by 
researchers lies in the many different types of status which may be imposed on them 
(employees  or  self-employed,  student,  scholarship-holder,  etc.).  Although  this 
directive will not put an end to the differing social or tax status of researchers in the 
domestic  law  of  Member States,  it  will  give  them  a  uniform  status  in  aliens 
legislation. The proposal is to create a specific avenue for admission for researchers 
whereby  third-country  nationals  can  be  admitted,  regardless  of  the  type  of  legal 
relationship  (employment  contract,  scholarship,  etc.)25  they  have  with  the  host 
research  organisation.  The  researchers  admitted  on  the  basis  of  an  employment 
contract will not then have to obtain a work permit in Member States still requiring 
one  in  their  case,  even  though  the  state  of  the  market  no  longer  justifies  this  for 
research. Similarly, given the needs of the European Union, any form of quotas set 
by Member States having the effect of limiting the number of researchers who can be 
admitted  under  this  directive  is  not  compatible  with  it.  It  should  be  stressed  that 
traditional  avenues  of  admission  for  researchers  (employee  or  self-employed, 
student,  placements,  scholarships,  etc.)  will  continue  to  exist  alongside  the  new 

23 

24 
25 

i.e. a Masters degree within the meaning of the term under the Bologna process on the harmonisation of 
studies in Europe. 
COM(1996)462, 2 October 1996, p. 11. 
Except, however, for the status of doctoral student, which would be outside the scope of this initiative. 

9 

 
 
  
 
                                                 
special  admission  procedure  and  can  be  used  by  research  organisations  or  by 
third-country nationals who do not fulfil the conditions of this directive. 

1.6. 

The mobility of researchers in the European Union 

Steps must be taken to promote mobility so that third-country nationals can pursue a 
research project in several different Member States without running into difficulties 
in  gaining  admission  to  these  countries.  The  directive  allows  researchers  in 
possession  of  a  residence  permit  and  a  passport  or  travel  document  to  pursue 
activities related to their research project in a second Member State during the period 
of  validity  of  their  residence  permit  and  subject  to  considerations  of  public  order, 
public  security  and  public  health.  In  addition,  the  directive  contains  a  provision  to 
ensure that researchers wanting to go to a second Member State in connection with 
another research project will not have to return to their country of origin to apply for 
an  extension  to  their  stay  in  another  Member  State,  as  is  sometimes  the  case 
nowadays. The simplified admission procedure envisaged by this directive can easily 
be relaunched in the Member State in which the researcher wishes to prolong his or 
her research, by signing a new hosting agreement. In such cases Member States will 
naturally  be  inclined  to  reduce  their  checks  because  they  know  that  another 
Member State  has  already  carried  out  checks.  The  special  procedure  introduced  by 
this directive can also be used by third-country nationals who are already resident in 
the  European  Union,  including  long-term  residents.  Long-term  residents  have  not 
been excluded from the scope of this directive because the conditions provided for in 
the  Directive  on  the  status  of  third-country  nationals  who  are  long-term  residents26 
granting a right of residence in the other Member States, are less advantageous than 
those laid down in this directive. 

1.7. 

A simplified, streamlined procedure 

The  directive  allows  an  application  for  a  residence  permit  to  be  made  on  the  spot 
when the third-country national is on the territory of the host Member State, provided 
that he or she is in the country legally. This option gives the necessary flexibility to 
the admission procedure by allowing researchers to extend a short stay to a long stay. 
Under  the  proposal  it  is  for  Member  States  to  decide  whether  the  application  for  a 
residence permit is made by the researcher or the research organisation. Provision is 
made for the application to be presented by the research organisation because of the 
role given to such organisations in the admission procedure, but the residence permit 
itself  will ultimately always be issued to the third-country national  concerned, who 
for this purpose will have to go in person to the competent authority. Member States 
will  have  to  issue  the  residence  permit  within  30  days  of  submission  of  the 
application. This deadline, which is shorter than that provided for in other directives, 
is  justified  on  the  one  hand  because  admission  procedures  must  be  particularly 
speedy for researchers if they are to remain attractive, and on the other as the checks 
which  Member  States  have  to  carry  out  will  be  simplified  by  the  upstream 
collaboration with the research organisations. 

26 

Article 14 ff. 

10 

 
 
  
 
                                                 
Finally,  with  a  view  to  the  promotion  in  third  countries  of  research  opportunities 
available  in  Europe,  Member  States  are  asked  to  make  additional  efforts  at 
transparency in order to ensure access in countries of origin to information about the 
special  admission  procedure.  This  task  for  Member  States  will  be  helped  by  the 
Internet Researchers' Mobility Portal27 that the Commission opened on 10 July 2003 
in collaboration with the Member States and third countries associated in setting up 
the European research area. 

2. 

CHOICE OF LEGAL BASE FOR THE PROPOSED DIRECTIVE 

2.1. 

2.2. 

The  legal  base  has  been  chosen  in  the  light  of  the  objective  for  the  proposed 
directive,  which  is  to  regulate  the  conditions  and  procedures  under  which 
third-country nationals can enter and reside in the territory of the Member States for 
the purpose of carrying out scientific research. It is not, therefore, concerned with the 
conditions  for  admission  to  research  organisations,  which  remain  the  responsibility 
of  the  Member  States  and,  in  many  cases,  the  organisations  themselves.  The  legal 
base  chosen  is  Article  63(3)(a)  and  (4)  of  the  Treaty  establishing  the  European 
Community, as  amended by  the  Treaty of Amsterdam, which entered into force on 
1 May 1999.  

This proposal must therefore be adopted under the procedure laid down in Article 67 
of the EC Treaty: by the Council acting unanimously after consulting the European 
Parliament. Because it is based on Title IV of the Treaty, Denmark will not take part 
in  the  adoption  of  the  proposal,  and  the  directive  will  not  be  binding  upon  or 
applicable  to  Denmark,  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. Nor will it apply to the United Kingdom and 
Ireland, under Articles 1 and 2 of the Protocol on the position of the United Kingdom 
and Ireland, unless these countries decide otherwise, according to the arrangements 
laid down in the Protocol.  

3. 

SUBSIDIARITY AND PROPORTIONALITY 

3.1. 

The European Community does not have exclusive competence in Title IV of the EC 
Treaty  “Visas,  asylum,  immigration  and  other  policies  related  to  free  movement  of 
persons",  with  the  result  that  it  can  only  intervene,  according  to  the  principles  of 
subsidiarity and proportionality, if and in so far as the measure or objectives of the 
proposed  action  cannot  be  sufficiently  achieved  by  the  Member  States  and  can 
therefore, by reason of the scale or effects of the proposed action, be better achieved 
by the Community. Action by the Community may not go beyond what is necessary 
to achieve the objectives of the Treaty.  

3.2. 

The  proposed  directive  satisfies  these  three  criteria.  The  objective  set  by  the 
European  Council  was  to  facilitate  “entry  and  residence  for  researchers  from  third 
countries”.  As  noted  above  in  point  2.1,  only  nine  Member  States  have  adopted 

27 

http://europa.eu.int/eracareers/index_en.cfm. 

11 

 
 
  
 
                                                 
3.3. 

3.4. 

3.5. 

measures aimed at facilitating the admission of such researchers, and only two have 
introduced  a  special  admission  procedure.  There  are  many  differences  between  the 
measures taken by these nine Member States, which could make it more difficult for 
researchers from non-member countries to come to the European Union and restrict 
their mobility within the EU. There seems, therefore, to be a need for harmonisation. 
Harmonisation  must  also  be  introduced  rapidly  if  Member  States  are  to  meet  the 
European Council’s target of investing 3% of their GDP in research by the deadline. 
Judging  from  the  current  situation  the  measures  by  the  Member  States  will  not 
achieve  an  adequate  degree  of  harmonisation  of  the  rules  on  the  admission  of 
researchers from third countries into the European Community within the time limit.  

However,  the  Commission  feels  that,  in  view  of  the  principle  of  subsidiarity,  it 
should  be  left  to  the  Member  States  to  settle  certain  matters  relating  to  researchers 
from  third  countries  as  they  see  fit:  the  directive  does  not  specify  what  financial 
resources  the  researchers  must  have  in  order  to  be  admitted,  Member  States  are 
merely  required  to  state  publicly  the  minimum  monthly  figure  they  will  set.  The 
length of the residence permit may be restricted to one year or adjusted to the length 
of  the  research  project,  at  the  Member  State's  discretion.  The  Member  States  will 
have to decide whether the applications for residence permits  have to be submitted 
by the research organisations or by the third-country nationals. Finally, they will be 
able to decide what happens in the absence of a decision within the 30-day deadline 
specified for deciding on applications for admission. And of course Member States 
are  free  to  adopt  more  favourable  arrangements  and,  in  particular,  to  extend  the 
benefits  of  the  special  procedure  for  researchers  to  allow  the  admission  of 
third-country  nationals 
in  higher  education 
establishments. The proposal also refers to the regulations or administrative practice 
of  the  Member  State  in  question  for  matters  relating  to  the  definition  of  a  research 
organisation or higher education establishment.  

the  purpose  of 

teaching 

for 

In view of the fact that the main objective is to help make the European Union the 
most  competitive  and  most  dynamic  knowledge-based  economy  in  the  world,  the 
action to be taken should obviously be taken at Community level.  

True to the principle of proportionality, the Commission proposes the adoption of a 
directive  and  a  recommendation.  The  directive  is  binding  as  regards  the  general 
principles that are laid down, thereby addressing the problem of disparities between 
national  systems.  However,  it  leaves  Member  States  free  to  choose  the  most 
appropriate  means  for  applying  these  principles  in  their  domestic  legislation  in  the 
light of national conditions. 

12 

 
 
  
 
Comments on the Articles 

Chapter I: General provisions 

Article 1 

The  purpose  of  the  Directive  is  to  introduce  a  special  procedure  governing  the  entry  and 
residence  of  third-country  nationals  coming  to  carry  out  a  research  project  in  the  European 
Community  for  a  period  of  more  than  three  months.  The  procedure  applies  only  in  cases 
covered  by  a  hosting  agreement  as  defined  in Article 5,  signed  with  a  research  organisation 
approved in accordance with Article 4. 

Article 2 

This article defines, as necessary, the concepts used in the proposal for a Directive. They are 
based directly on those which have already been used in existing Community legislation. 

(a) 

(b) 

(c) 

“Third-country  nationals”:  persons  who  are  not  nationals  of  one  of  the 
Member States  of  the  European  Union  and  stateless  persons  within  the 
meaning of the New York Convention of 28 September 1954. 

“Researcher”: a third-country national admitted for research purposes under the 
procedure  laid  down  by  the  Directive,  without  being  required  to  be  a 
researcher.  He  or  she  must  hold  at  least  a  second-cycle  university  degree 
(master’s  degree)  within  the  meaning  of  the  Bologna  process  for  a  European 
Higher Education Area. There is no general requirement to obtain recognition 
of qualifications, but this condition must be met in certain specific cases (e.g. a 
doctor  who  will  be  required  to  treat  patients  as  part  of  a  research  project).  In 
principle, it is up to the research organisation hosting the third-country national 
to assess their qualifications. 

“Research”: the definition comes from the Frascati Manual28 produced by the 
OECD  for  surveys  on  research  and  experimental  development.  For  the 
purposes  of  this  Directive,  it  covers  basic  and  applied  research,  as  well  as 
experimental development29
. It is intended as a guide to assist Member States in 
determining  whether  an  organisation  applying  for  approved  status  is  indeed 
conducting  research.  Obviously,  it  leaves  the  competent  authority  with  some 
discretionary  power.  Further  explanations  and  examples  are  given  in  the 
Frascati  Manual.  The  definition  could  also  help  Member  States  wishing  to 
verify that the project for which an approved organisation has signed a hosting 
agreement is a genuine research project. 

(d) 

“Research organisation”: this is a broad concept covering both the public and 
private  sectors.  A  research  organisation  may  be  a  university,  a  foundation,  a 

28 
29 

2002 edition, p. 30. 
This  is  systematic  work,  drawing  on  existing  knowledge  gained  from  research  and/or  practical 
experience,  which  is  directed  to  producing  new  materials,  products  or  devices,  to  installing  new 
processes,  systems  and  services,  or  to  improving  substantially  those  already  produced  or  installed 
(Frascati Manual, p. 30). 

13 

 
 
  
 
                                                 
research  centre,  a  laboratory,  a  firm,  an  international  organisation  or  a 
non-governmental organisation. What matters is that the organisation conducts 
research and has been approved by the Member State where it is located. 

(e) 

“Residence permit”: the definition refers to existing European legislation. 

Article 3 

1. 

2. 

3. 

(a) 

(b) 

(c) 

(d) 

It  is  not  the  Commission’s  intention  in  proposing  this  Directive  to  dismiss 
international  agreements  on  the  admission  of  researchers  which  contain  more 
favourable terms for third-country nationals. 

This  paragraph  allows  Member  States  to  adopt  or  keep  more  favourable  national 
rules,  provided  that  they  are  compatible  with  the  Directive.  For  example, 
Member States may wish to adopt rules applying the principle of non-discrimination 
on nationality grounds to third-country nationals covered by the Directive in respect 
of certain rights. In addition, the specific procedure introduced by the Directive for 
researchers may be extended to third-country nationals seeking entry for purposes of 
teaching in a higher education establishment, so that Member States which so wish 
can allow lecturers to benefit from the same system as researchers. 

This  paragraph  excludes  specific  categories  of  person  from  the  scope  of  the 
Directive: 

The exclusion of applicants for asylum or subsidiary protection and persons granted 
temporary  protection  does  not  affect  their  access  to  the  labour  market,  including 
research posts, which is governed by the relevant (proposals for) directives. It means 
that they cannot use this Directive to request a change in status, since such changes 
are  possible  only  under  more  favourable  national  legislation  adopted  by  individual 
Member States. 

This  subparagraph  excludes  doctoral  students  conducting  research  relating  to  their 
theses as students covered by the proposal for a Directive on the conditions of entry 
and  residence  of  third  country  nationals  for  the  purposes  of  studies,  vocational 
training or voluntary service30. The Directive thus precludes the risk of abuse related 
to the admission of students. Doctoral students may none the less be caught by the 
scope of the Directive if they have a status as a researcher other than that of student, 
as where they are working on their doctoral thesis under an employment contract. 

This  is  a  standard  provision  excluding  third-country  nationals  who  are  subject  to  a 
procedure for removal, even if it has not yet been enforced. 

Cases involving the secondment by a research organisation of one of its researchers 
to a research organisation in another Member State are not covered by the Directive, 
but by specific rules on secondment. 

30  

COM(2002) 548 (OJ C 45, 25.2.2003, p. 18). 

14 

 
 
  
 
                                                 
Chapter II 

Research organisations 

Article 4 

This article sets out the various stages in the procedure for approving research organisations. 

1. 

2. 

3. 

4. 

5. 

6. 

The  first  paragraph  stipulates  that  approval  of  the  research  organisation  is  a 
precondition  for  the  provisions  of  the  Directive  to  apply.  The  wording  leaves 
Member States completely free to lay down in their national law and according to the 
procedure  of  their  choice  which  authority  will  be  responsible  on  their  territory  for 
approving research organisations. 

This paragraph requires research organisations to provide the approval authority with 
information  indicating  the  category  to  which  they  belong.  This  information  should 
cover that part of their activities given over to research in accordance with their tasks 
(public authority) or corporate purpose (private firm). 

The  Directive  distinguishes  between  three  categories  of  research  organisation.  The 
approval procedure depends on the proportion of the organisation’s work given over 
to research, as laid down in the legal provisions setting it up. This paragraph covers 
the first category: public or private organisations whose main activity is research and 
to  which  approval  is  granted  for  an  unlimited  period  of  time.  This  includes,  for 
example,  large  public  organisations  and  research  foundations.  Higher  education 
establishments  such  as  universities  are  also  included  in  this  first  category,  even 
though their activities include both research and teaching. 

The  second  category  comprises  public  organisations  whose  research  activities  are 
supplementary to their main tasks. They are also approved for an unlimited time. 

For  the  last  category,  approval  is  limited  to  five  years,  so  that  Member  States  can 
regularly check that the organisations concerned are conducting research activity. 

In  return  for  its  prerogatives  under  the  admission  procedure,  the  research 
organisation  must  assume  responsibility  for  any  residence  costs,  health  costs,  and 
costs  of  the  researcher’s  return  which  may  arise  from  his  presence  on  the 
Member State’s  territory.  This  responsibility  ceases  when  the  researcher  leaves  the 
European Union31 or when another research organisation takes over responsibility for 
him under a new hosting agreement. It continues at most for one year following the 
date  of  expiry  of  the  hosting  agreement  or  the  date  on  which  the  research 
organisation informs the Member State, in accordance with Article 5(4), of an event 
making  it  impossible  to  implement  the  hosting  agreement,  for  as  long  as  the 
researcher  has  not  left  the  territory  of  the  European  Union.  Beyond  this  period,  it 
makes  sense  for  the  Member  States,  who  are  responsible  for  ensuring  the  effective 

31 

Proof of departure may, for example, be the third-country national’s presenting himself to the Member 
State’s diplomatic or consular authorities in his country of origin, an aircraft boarding card, a copy of 
the researcher’s passport showing the exit stamp affixed at the external border, etc. 

15 

 
 
  
 
                                                 
7. 

8. 

9. 

return of third-country nationals, to bear the costs related to the continuation of their 
illegal residence. 

The Directive includes a notification requirement so that the authorities responsible 
for  approving  research  organisations  can  check  that  the  research  project  has  been 
carried out. The confirmation must show that the planned research work has in fact 
been carried out, without necessarily indicating the research findings, which may be 
confidential. This information, to be provided within two months of the expiry of the 
hosting  agreement,  should  show  up  any  cases  where  the  research  organisation’s 
approval would have to be withdrawn on the basis of paragraph 9. 

In  order  to  make  it  easier  to  access  information  and  thus  to  take  advantage  of  the 
Directive, the lists of approved research organisations must be published each year in 
the  Member  States.  They  must  distinguish  between  the  three  categories  of 
organisation and take account of any changes that occurred in the previous year. The 
Directive leaves Member States free to decide on the arrangements for implementing 
this paragraph. 

Paragraph 9 sets out the situations where Member States may withdraw approval or 
refuse  to  renew  it.  Withdrawal  or  non-renewal  is  conditional  on  them,  but  not 
automatic, and Member States may use their discretion. These situations arise where 
the  research  organisation  does  not  meet  or  no  longer  meets  the  conditions  in 
paragraphs 2  to  7,  where  the  researcher  does  not  meet  or  no  longer  meets  the 
conditions in Articles 5 and 6 or where he is found to be residing for purposes other 
than  research  and  the  Member  States  have  applied  Article 8(1),  withdrawing  or 
refusing to renew his residence permit. Given the seriousness of the circumstances in 
the  last  two  cases,  the  research  organisation  may  not  be  approved  again  until  five 
years after the decision to withdraw or not to renew approval. 

Article 5 

1. 

2. 

(a) 

The  cornerstone  of  the  specific  admission  procedure  for  researchers  is  the  “hosting 
agreement”. This is a legal contract by which the researcher undertakes to complete 
the  research  project  and  the  research  organisation,  to  host  the  researcher  for  that 
purpose. It obviously covers all aspects of the research project. It does not govern the 
researcher’s status. It is concluded subject to the residence permit being issued by the 
immigration authorities. A hosting agreement may be renewed several times between 
the  same  researcher  and  the  same  research  organisation  or  with  other  approved 
organisations, provided the conditions laid down in paragraph 2 are met.  

Three  conditions  must  be  met  before  the  research  organisation  signs  the  hosting 
agreement: 

The  relevant  authority  in  the  host  organisation  must  have  approved  the  research 
project. The project must be described in a document setting out: 

–  the research work that the person concerned intends to carry out. 

–  the duration of the work and how it is to be funded. The resources needed for the 
work (laboratory costs, costs of equipment, etc.) and the remuneration paid to the 
researcher  must  be  specified.  Where  the  researcher  is  bound  by  an  employment 
contract, the salary must be indicated, so that it can be monitored. 

16 

 
 
  
 
(b) 

(c) 

3. 

4. 

–  the  researcher’s  qualifications  for  the  planned  research  (formal  qualifications 

required, professional experience, etc.). 

These aspects must be described in sufficient detail to enable the relevant authority in 
the  research  organisation,  and  the  Member  States’  immigration  authorities  in 
exceptional cases, to assess them. 

The  research  organisation  must  have  verified  that  the  researcher  has  sufficient 
resources to meet his needs (food, accommodation, etc.) and travel costs and is not 
likely  to  need  financial  support  from  the  Member  State.  In  order  to  help  research 
organisations assess this delicate matter and to establish the necessary trust for them 
to  cooperate  with  the  immigration  authorities,  the  resources  assessment  will  be 
carried  out  on  the  basis  of  a  minimum  monthly  amount  required  by  the 
Member States.  The  Directive  does  not  propose  a  minimum  amount.  Each 
Member State  will  have  to  decide  on  the  minimum  required  for  a  third-country 
national to reside on its territory. 

This  condition  is  a  basic  requirement  for  admission  to  and  movement  within  the 
European Union. 

The  statement  formalises  the  undertaking  to  assume  financial  responsibility  which 
the research organisation must give to the Member State concerned before hosting a 
researcher under a hosting agreement. 

The hosting agreement will automatically lapse if the legal relationship between the 
researcher and the research organisation comes to an end, for example, if a researcher 
subject  to  an  employment  contract  is  dismissed.  Research  organisations  must 
immediately  inform  the  Member  States  of  any  occurrence  likely  to  prevent 
implementation of the hosting agreement, such as loss of funding for the research, a 
serious  accident  suffered  by  the  researcher  rendering  him  unable  to  carry  out  the 
planned  project  or  even  a  researcher  not  carrying  out  the  planned  research.  The 
purpose  of  this  provision  is  to  enable  Member  States  to  take  prompt  action,  in 
particular with regard to withdrawing the third-county national’s residence permit. 

Chapter III 

Conditions for the entry and residence of researchers 

Article 6 

Once the hosting agreement is signed, the application for a residence permit is lodged with the 
relevant authority in the Member State. That authority will issue the residence permit when 
the four conditions stipulated are met: 

(a) 

(b) 

In  accordance  with  a  standard  rule,  the  third-country  national  must  have  a  valid 
passport or equivalent travel documents. 

Presentation of the hosting agreement referred to in Article 5. Various aspects can be 
checked: status of the signatories, researcher’s formal qualifications, adequacy of the 
funding and of the researcher’s resources, the latter’s salary if he is employed, etc. 

(c) 

Presentation of the statement of financial responsibility, as referred to in Article 5(3). 

17 

 
 
  
 
(d) 

This  check  must  cover  not  only  the  third-country  national  concerned,  but  also  the 
subject  of  the  research,  which  the  Member  State  may  consider  incompatible  with 
public policy, public security or public health. 

Article 7 

This article has been worded in such a way as to allow the duration of residence permits to be 
adjusted in accordance with the duration of the research projects, which can vary. The basic 
principle  is  that  residence  permits  will  be  issued  for  one  year,  unless  the  research  project 
planned  is  shorter,  in  which  case  the  permit  will  cover  the  duration  of  the  project.  The 
principle  of  a  minimum  of  one  year  is  intended  to  simplify  administrative  procedures.  The 
Directive also enables Member States which so wish to issue researcher residence permits for 
more  than  one  year  in  order  to  cover  the  entire  research  project.  Residence  permits  may  be 
renewed annually as long as the conditions for issue are met. Residence permits may be also 
be  renewed  if  the  researcher  signs  a  new  hosting  agreement  with  the  host  organisation  or 
another organisation approved by the Member State, provided the relevant conditions are met. 

Article 8 

This article covers the cases where researcher residence permits may be refused or withdrawn. 
Paragraph 1(a)  refers  to  cases  where  the  holder  does  not  meet  or  no  longer  meets  the 
conditions for entering and residing on the territory of the Member States. It can cover cases 
where  organisations  sign  hosting  agreements  for  work  which  does  not  qualify  as  research 
within  the  meaning  of  Article 2(c).  Subparagraph (b)  covers  cases  where  the  special 
procedure for researchers is misused by people who do not conduct the planned research and, 
in  particular,  who  principally  carry  out  other  paid  work.  The  second  paragraph  covers 
reservations regarding public policy, public security or public health. These decisions must be 
taken on a case-by-case basis, taking account of the specific situation of the person concerned 
and  the  principle  of  proportionality.  No  one  may  be  penalised  for  suffering  from  an  illness 
contracted after entering the territory. 

Article 9 

This article stipulates that fraud, where it is found to have been committed, will be punished 
by the withdrawal of the residence permit issued under the Directive. 

Chapter IV 

Researchers’ rights 

Article 10 

If the researcher’s application for admission is successful, he is entitled to enter and reside on 
the  territory  of  the  Member  State  concerned  for  the  purposes  of  carrying  out  the  research 
project  for  which  he  has  been  admitted.  The  Directive  does  not  govern  the  status  of 
researchers  (employee,  self-employed,  scholarship  holder,  etc.)  but  authorises  them  to 
conduct  research  on  the  terms  planned  (depending  on  the  case,  remuneration  under  an 
employment  contract,  a  scholarship,  etc.)  without  having  to  obtain  a  work  permit  in  cases 
where  it  would  normally  have  been  required  by  the  Member  States.  Researchers  are  also 
authorised occasionally to perform paid work related to their research, such as contributing to 
a  scientific  publication,  taking  part  in  a  selection  board,  producing  a  report  or  giving 
professional  advice.  The  Directive  leaves  Member  States  free  to  choose  the  procedure  for 

18 

 
 
  
 
issuing  the  residence  permit  (directly  in  the  country  of  origin  or  on  application  lodged  on 
arrival in the Member State), but stipulates that visa requirements may not be an obstacle to 
the entry of the third-country nationals concerned. 

Article 11 

In  order  to  take  account  of  the  value  to  the  Member  State  concerned  of  researchers’ 
knowledge and of normal practice in the Member States, the Directive will allow researchers 
to teach in universities and similar establishments. They may lecture on previous work or on 
the  ongoing  research  they  are  involved  in.  However,  since  the  purpose  of  their  stay  is 
primarily  research,  the  number  of  teaching  hours  is  restricted  to  an  annual  maximum,  to 
ensure  that  teaching  remains  an  ancillary  activity.  The  exact  number  is  not  specified  in  the 
Directive for reasons of flexibility. Reference is made to each Member State’s own decision 
in this respect. 

Article 12 

Holders of residence permits are entitled to the same substantive treatment as nationals with 
respect  to  certain  rights  (recognition  of  qualifications,  social  insurance  benefits,  tax 
concessions,  access  to  goods  and  services).  Social  welfare  is  deliberately  not  included  as 
researchers are supposed to have sufficient resources not to require financial support from the 
host  Member  State  in  accordance  with  Article 5(2)(b)  and  Article 6(c).  The  conditions 
relating  to  pay  and  dismissal  will  apply  only  to  researchers  taken  on  as  employees.  In  such 
cases, social dumping must be prevented by ensuring that researchers have the same salary as 
nationals in comparable positions. 

Article 13 

This article takes account of the growing need for mobility of researchers within the European 
Research  Area.  Obviously,  if  Europe  is  to  be  internationally  competitive,  it  is  vital  that  the 
work  of  researchers  not  be  hindered  or  held  up  because  of  a  need  to  travel  to  another 
Member State. 

This article therefore stipulates that where work related to the research project is conducted in 
another Member State, the holder of a residence permit issued under the Directive can travel 
to that Member State at any time during the validity of the residence permit to conduct that 
work, on presentation of a valid passport or travel document and provided he does not pose a 
threat to public policy, public security or public health. 

Chapter V 

Procedure and transparency 

Article 14 

Allowing  host  research  organisations  to  lodge  the  application  for  admission  on  the 
researcher's behalf is intended to speed up the procedure for issuing the residence permit. The 
Directive  leaves  it  to  Member  States  to  determine  who  should  lodge  the  application:  the 
research organisation or the researcher as they prefer, or one of the two if the Member State 
decides to opt for only one possibility. 

In principle, the application for admission should be presented by the researcher in the third 
country where he resides via the diplomatic or consular authorities of the Member State where 

19 

 
 
  
 
he  wishes  to  conduct  the  research.  In  order  to  simplify  the  admission  procedure  and  avoid 
researchers being required to return to their country of origin in order to lodge an application, 
the  Directive  allows  the  application  to  be  made  on  the  spot  if  the  third-country  national  is 
already lawfully on the territory of the Community at the time of lodging the application. This 
will  apply  in  particular  where  a  researcher  wishes  to  renew  a  hosting  agreement  or  to 
conclude a new one in order to continue his research.  

The Directive leaves Member States free to consider applications for residence permits made 
by people who do not meet the conditions laid down, for reasons of flexibility and to avoid 
precluding regularisation by the Member States. 

Article 15 

The  three  paragraphs  are  based  on  the  provisions  of  other  directives  already  adopted  in  the 
immigration field32 and set out the procedural rules for examining a request for admission or 
for renewal of a residence permit. 

Notification  must  be  given  in  writing  in  accordance  with  the  Member  States’  own  laws. 
Member  States  must  specify  what  happens  in  the  absence  of  a  reply  from  the  authorities. 
Since  the  speed  of  the  specific  admission  procedure  is  one  of  the  keys  to  its  success,  the 
period  for  Member  States  to  reply  to  a  request  for  a  residence  permit  is  set  at  thirty  days. 
However, it may be extended in exceptionally complex cases. 

The  second  paragraph  requires  Member  States  to  give  reasons  for  decisions  rejecting  the 
application or amending, withdrawing or failing to renew the residence permit and to specify 
the  administrative  or  legal  means  of  appeal  available  to  the  person  concerned.  This 
information must also indicate the deadlines for bringing such appeals. 

The third paragraph stipulates that the researcher must be able to bring an appeal before the 
courts  against  a  decision  rejecting  his  application  or  amending,  withdrawing  or  refusing  to 
renew his residence permit. 

Article 16 

This article requires Member States to set their own fees up to a maximum determined by the 
real costs of processing applications. 

Article 17 

Since  the  purpose  of  the  Directive  is  to  attract  researchers  to  the  European  Union,  it  is 
particularly important for information on admission possibilities to be easily accessible from 
outside  the  European  Union.  The  Directive  therefore  contains  a  specific  provision  on 
transparency.  It  is  intended  to  foster  the  worldwide  dissemination  of  information  on  the 
possibilities  available  under  the  Directive  and  the  national  implementing  rules  in  the 
Member States. The information must be updated regularly and must cover the conditions and 
procedures for entering and residing on the territory of the Member States for the purposes of 

32 

Directive  2003/86  of  22 September 2003  on  the  right  to  family  reunification  (OJ L 251,  3.10.2003, 
p. 12)  and  Council  Directive  2003/109  of  25 November 2003  concerning  the  status  of  third-country 
nationals who are long-term residents (OJ L 16 of 23.01.2004, p. 44). 

20 

 
 
  
 
                                                 
carrying  out  a  research  project  (including  the  minimum  monthly  amount  of  financial 
resources required by the Member State under Article 5(2)(b)) and the research organisations 
approved  under  the  Directive.  Member  States  do  not  necessarily  have  to  disseminate  this 
information themselves and may for example leave it up to the organisations, but they must 
ensure  that  it  is  available  on  the  internet.  Implementation  of  this  article  will  be  greatly 
facilitated  by  the  information  efforts  already  undertaken  at  European  level  as  part  of  the 
European Research Area, especially the creation of the internet researchers' mobility portal. 

Article 18 

This is a standard provision of Community law. The Commission must report to the Council 
and  Parliament  on  the  application  of  the  Directive  by  the  Member  States  with  a  view  to 
identifying any amendments or additions that might usefully be made. The first report must be 
submitted three years after the deadline for implementation set in Article 19 has expired, and 
subsequent reports, at a frequency to be determined. 

Article 19 

This article sets the date by which Member States will have to incorporate the Directive into 
their national law, i.e. 31 December 2006 at the latest. Member States must systematically and 
promptly 
legislative,  regulatory  and  administrative 
amendments they adopt to this end, which must include a reference to the Directive. 

the  Commission  of 

inform 

the 

Article 20 

This article sets the date for the entry into force of the Directive in accordance with the date of 
its publication in the Official Journal. 

Article 21 

This article stipulates that the Directive is addressed to the Member States, with the exception 
of Denmark 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 and the United Kingdom and Ireland in accordance with Articles 1 and 2 of the 
Protocol  on  the  position  of  the  United  Kingdom  and  Ireland  annexed  to  the  Treaty  on 
European Union and the Treaty establishing the European Community, unless the latter two 
countries decide otherwise in accordance with the procedure determined by that Protocol. 

21 

 
 
  
 
2004/0061 (CNS) 

Proposal for a 

COUNCIL DIRECTIVE 

on a specific procedure for admitting third-country nationals for purposes of scientific 
research 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 63(3)(a) and (4) thereof, 

Having regard to the proposal from the Commission33, 

Having regard to the opinion of the European Parliament34, 

Having regard to the opinion of the European Economic and Social Committee35, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

With  a  view  to  consolidating  and  giving  structure  to  European  research  policy,  the 
Commission  considered  it  necessary  in  January 200036  to  establish  the  European 
Research Area as the lynchpin of the Community’s future action in this field. 

Backing  the  European  Research  Area,  the  Lisbon  European  Council  set  the 
Community the objective of becoming the most competitive and dynamic knowledge 
economy in the world by 2010. 

The globalisation of the economy calls for greater mobility of researchers, something 
which  was  recognised  by  the  sixth  framework  programme  of  the  European 
Community  for  research,  technological  development  and  demonstration  activities, 
contributing to the creation of the European Research Area and to innovation (2002 
to 2006)37, when it opened up its programmes further to researchers from outside the 
European Union. 

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 
700 000. This target must be met through a series of interlocking measures such as 
the 
making  scientific  careers  more  attractive 
opportunities  for  training  and  mobility  in  research,  improving  the  career  prospects 

to  young  people,  extending 

33   
34   
35   
36   
37   

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
COM(2000) 6, 18.1.2000. 
OJ L 232, 29.8.2002, p. 1. 

22 

 
 
  
 
                                                 
(5) 

(6) 

(7) 

(8) 

(9) 

(10) 

(11) 

for  researchers  in  the  Community  and  opening  the  Community  up  to  third-country 
nationals who could potentially be admitted for research purposes. 

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. 

Implementation  of  the  Directive  must  not  promote  a  brain  drain  from  emerging  or 
developing  countries.  Back-up  measures  to  support  researchers’  reintegration  into 
their  countries  of  origin  as  well  as  the  movement  of  researchers  must  be  taken  in 
partnership with the countries of origin with a view to establishing a comprehensive 
migration policy. 

It  is  appropriate  to  facilitate  the  admission  of  researchers  by  establishing  an 
admission procedure which does not depend on their legal relationship with the host 
research  organisation  and  by  no  longer  requiring  a  work  permit  in  addition  to  a 
residence  permit.  At  the  same  time,  the  traditional  avenues  of  admission 
(employment,  work  placement,  etc.)  should  be  maintained,  especially  for  doctoral 
students carrying out research as students, who must be excluded from the scope of 
the  Directive  and  are  covered  by  Council  Directive  .../.../EC  on  the  conditions  of 
entry and residence of third country nationals for the purposes of studies, vocational 
training or voluntary service38. 

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. 

Research organisations approved in advance by the Member States must be able to 
sign a  hosting  agreement  with a third-country national for the purposes of  carrying 
out a research project; the Member States will issue a residence permit on the basis 
of the agreement if the conditions for entry and residence are met. 

In return for the prerogatives granted them, research organisations must undertake to 
assume  responsibility  for  residence  costs,  health  costs,  and  the  cost  of  the 
researcher's  return  should  any  of  these  have  to  be  borne  by  the  host  Member  State 
during the researcher’s residence or if the researcher were to remain illegally in the 
European Union once the hosting agreement has expired. 

Given  the  openness  imposed  by  changes  in  the  world  economy  and  the  likely 
requirements to meet the 3% target, third-country researchers potentially eligible for 
the  Directive  should  be  defined  broadly  in  accordance  with  their  qualifications and 
the research project which they intend to carry out. 

38   

OJ C 45, 25.2.2003. p. 18. 

23 

 
 
  
 
                                                 
(12) 

(13) 

(14) 

(15) 

(16) 

(17) 

(19) 

It  is  important  to  foster  the  mobility  of  researchers  as  a  means  of  developing  and 
consolidating contacts and networks between partners at world level. 

As the effort to be made to achieve the 3% of GDP target for investment in research 
largely concerns the private sector, which must therefore recruit more researchers in 
the  years  to  come,  the  research  organisations  potentially  eligible  for  the  Directive 
belong to both the public and private sectors. 

In  order  to  make  the  Community  more  attractive  to  third-country  researchers,  they 
should be granted, during their stay, equal social and economic rights with nationals 
of  the  host  Member  State  in  a  number  of  areas  and  the  right  to  teach  in  higher 
education establishments. 

The objectives of the proposed action, namely the introduction of a special admission 
procedure  and  the  adoption  of  conditions  of  entry  and  residence  applicable  to 
third-country nationals for stays of more than three months in the Member States for 
the  purposes  of  conducting  a  research  project  under  a  hosting  agreement  with  a 
research  organisation,  cannot  be  sufficiently  achieved  by  the  Member  States, 
especially as regards ensuring mobility between Member States, and can therefore be 
better  achieved  by  the  Community.  The  Community  is  therefore  entitled  to  take 
measures in accordance with the subsidiarity principle laid down in Article 5 of the 
Treaty. In accordance with the principle of proportionality set out in that article, this 
Directive does not go beyond what is necessary to achieve those objectives. 

The  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. 

This Directive respects the fundamental rights and observes the principles recognised 
in particular by the Charter of Fundamental Rights of the European Union. 

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 is not participating in the adoption of this Directive, and is not 
bound by it or subject to its application, 

HAS ADOPTED THIS DIRECTIVE: 

Chapter I 

General Provisions 

Article 1 

Purpose 

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. 

24 

 
 
  
 
Article 2 

Definitions 

For the purposes of this Directive: 

(a) 

(b) 

(c) 

(d) 

(e) 

“Third-country  national”  means  any  person  who  is  not  a  Union  citizen  within  the 
meaning of Article 17(1) of the Treaty; 

“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; 

“Research”  means  creative  work  undertaken  on  a  systematic  basis  in  order  to 
increase  the  stock  of  knowledge,  including  knowledge  of  man,  culture  and  society, 
and the use of this stock of knowledge to devise new applications; 

“Research  organisation”  means  any  public  establishment  or  private  firm  which 
conducts research and which has been approved for the purposes of this Directive by 
a Member State in accordance with the latter’s legislation or administrative practice; 

“Residence  permit”  means  any  authorisation  bearing  the  term  “researcher”  issued 
under  this  Directive  by  the  authorities  of  a  Member  State  in  accordance  with 
Article 1(2)(a)  of  Council  Regulation  (EC)  No  1030/2002  of  13  June  2002  laying 
down a uniform format for residence permits for third-country nationals39. 

Article 3 

Scope 

1. 

The provisions of this Directive shall apply to third-country nationals, except where 
more favourable provisions apply under: 

(a) 
bilateral  or  multilateral  agreements  concluded  between  the  Community  or 
between  the  Community  and  its  Member  States  on  the  one  hand  and  one  or  more 
non-member countries on the other; 

bilateral  or  multilateral  agreements  concluded  between  one  or  more 

(b) 
Member States and one or more non-member countries. 

2. 

This  Directive  shall  not  affect  the  right  of  Member  States  to  adopt  or  retain  more 
favourable provisions for persons to whom it applies. Member States may apply this 
Directive  to  third-country  nationals  requesting  admission  for  the  purposes  of 
teaching 
the 
Member States’ legislation or administrative practice. 

in  a  higher  education  establishment  within 

the  meaning  of 

3. 

This Directive shall not apply to: 

39  

OJ L 157, 15.6.2002, p. 1. 

25 

 
 
  
 
                                                 
(a) 

(b) 

(c) 

(d) 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

third-country  nationals  staying  in  a  Member  State  as  applicants  for  asylum  or 
subsidiary protection or under temporary protection schemes; 

third-country nationals applying to reside in a Member State as students within the 
meaning  of  Directive  …/…/EC  on  the  conditions  of  entry  and  residence  of 
third-country  nationals  for  the  purposes  of  studies,  vocational  training  or  voluntary 
service in order to carry out research leading to a doctoral degree; 

third-country  nationals  whose  expulsion  has  been  suspended  for  reasons  of  fact  or 
law; 

researchers seconded by a research organisation to another research organisation in a 
different Member State. 

Chapter II 

Research organisations 

Article 4 

Approval 

Any  research  organisation  wishing  to  host  a  researcher  under  the  admission 
procedure laid down in this Directive must first be approved for that purpose by the 
Member State where it is located. 

The  organisation concerned shall apply for approval to the authority designated for 
the purpose by the Member State, providing it with information on its statutory tasks 
or corporate purpose as appropriate and proof that it conducts research. 

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. 

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

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

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. 

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 

26 

 
 
  
 
8. 

9. 

1. 

2. 

(a) 

(b) 

(c) 

3. 

4. 

for  each  of  the  research  projects  in  respect  of  which  they  have  signed  a  hosting 
agreement pursuant to Article 5. 

The authority designated for the purpose by each of the Member States shall produce 
lists of the different categories of research organisation approved for the purposes of 
this  Directive.  These  lists  shall  be  kept  up  to  date  and  published  each  year  in 
accordance with the national legal rules applicable in the Member States. 

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. 

Article 5 

Hosting agreement 

A research organisation wishing to host a researcher shall sign 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 subject to the 
researcher’s being issued with a residence permit. 

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, 
after examination of: 

(i)  the  purpose  and  duration  of  the  research,  and  the  availability  of  the  necessary 
financial resources for it to be carried out; 

(ii) the researcher’s qualifications in the light of the research objectives, as evidenced 
by a certified copy of his certificate in accordance with Article 2(b); 

during  his  stay  the  researcher  will  have  sufficient  monthly  resources  to  meet  his 
expenses and return travel costs in accordance with the minimum amount published 
for the purpose by the Member State, without having recourse to the Member State’s 
social welfare system; 

the  researcher  will  have  sickness  insurance  for  all  the  risks  normally  covered  for 
nationals of the Member State concerned. 

Once  the  hosting  agreement  is  signed,  the  research  organisation  shall  issue  the 
researcher  with  a  statement  that  financial  responsibility  has  been  assumed  for 
residence costs, health costs and the cost of the researcher's return. 

The hosting agreement shall automatically lapse if the legal relationship between the 
researcher and the research  organisation is terminated. Research organisations  shall 
promptly  inform  the  authority  designated  for  the  purpose  by  the  Member States  of 
any occurrence likely to prevent implementation of the agreement. 

27 

 
 
  
 
Chapter III 

Admission of researchers 

Article 6 

Conditions for admission 

Member States shall admit researchers if they: 

(a) 

(b) 

(c) 

present a valid passport or equivalent travel documents; 

present a hosting agreement signed with a research organisation in accordance with 
Article 5,  accompanied  by  proof  of  funding  for  the  research  project  and  a  certified 
copy of the researcher’s degree certificate in accordance with Article 2(b); 

present a statement of financial responsibility issued by the research organisation in 
accordance with Article 5(3); 

(d) 

are not considered to pose a threat to public policy, public security or public health. 

Article 7 

Duration of residence permit 

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. 

Article 8 

Withdrawal or non-renewal of the residence permit 

1. 

Member States may withdraw or refuse to renew a residence permit where: 

it is found that the holder did not meet or no longer meets the conditions laid 

(a) 
down in Articles 5 and 6; 

its holder is residing for purposes other than that for which he was authorised 

(b) 
to reside. 

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. 

28 

 
 
  
 
Article 9 

Fraud 

Member States  shall  withdraw  any  residence  permit  issued  under  this  Directive  which  has 
been obtained by fraudulent means. 

Chapter IV 

Researchers’ rights 

Article 10 

Residence and research 

Researchers shall have the right to enter and reside on the territory of the Member State which 
has  admitted  them  and  to  conduct  the  research  project  there  for  which  they  have  signed  a 
hosting agreement. Member States which only issue residence permits on their territory shall 
grant third-country nationals any assistance in obtaining the necessary visa. 

Article 11 

Teaching 

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. 

Article 12 

Equal treatment 

Holders of a residence permit shall be entitled to equal treatment with nationals as regards: 

–  (a) recognition  of  diplomas,  certificates  and  other  professional  qualifications  in 

accordance with the relevant national procedures; 

–  (b) working conditions, including pay and dismissal; 

–  (c) social insurance as defined by national legislation; 

–  (d) tax concessions; 

–  (e) access  to  goods  and  services  and  the  supply  of  goods  and  services  made 

available to the public. 

29 

 
 
  
 
Article 13 

Mobility 

1. 

2. 

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. 

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. 

Chapter V 

Procedure and transparency 

Article 14 

Applications for residence permits 

The Member States shall determine whether applications for residence permits are to be made 
by the researcher or by the research organisation concerned. 

Applications shall be submitted: 

-  either  in  the  researcher’s  country  of  residence  via  the  diplomatic  authorities  of  the 
Member State where the research is to be carried out; 

-  or  directly  on  the  territory  of  the  Community,  if  the  researcher  is  lawfully  present  there, 
where necessary via the diplomatic authorities of the Member State where the research is to 
be carried out. 

Exceptionally,  Member  States  may  examine  an  application  which  is  not  submitted  in 
accordance with this article. 

Article 15 

Procedural safeguards 

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. 

30 

 
 
  
 
2. 

3. 

Reasons  shall  be  given  for  any  decision  refusing,  amending,  refusing  to  renew  or 
withdrawing a residence permit. The notification shall specify the appeal procedures 
available and the time limit for taking action. 

Third-country  nationals  shall  have  the  right  to  appeal  to  the  courts  of  the 
Member State  concerned  against  any  decision  to  refuse,  amend,  refuse  to  renew  or 
withdraw a residence permit. 

Article 16 

Fees 

Member States may charge applicants for the processing of applications for residence permits. 
The fees charged shall not be more than the administrative costs incurred. 

Article 17 

Transparency 

Each Member State shall ensure that the most comprehensive information possible, regularly 
kept  up  to  date,  is  made  publicly  available,  via  the  internet  in  particular,  on  the  research 
organisations,  approved  under  Article 4,  with  which  researchers  may  conclude  a  hosting 
agreement, and on the conditions and procedures for entry and residence on  its territory for 
the purposes of conducting research, as adopted under this Directive. 

Chapter VI 

Final provisions 

Article 18 

Reports 

Periodically,  and  for  the  first  time  no  later  than  [...*],  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. 

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

31 

 
 
  
 
                                                 
Article 19 

Transposition 

1. 

Member  States  shall  implement  the  laws,  regulations  and  administrative  provisions 
needed in order to comply with this Directive by, at the latest, 31 December 2006. 
They  shall  forthwith  communicate  to  the  Commission  the  text  of  those  provisions 
and a correlation table between those provisions and this Directive. 

When  Member  States  adopt  those  provisions,  they  shall  contain  a  reference  to  this 
Directive  or  be  accompanied  by  such  a  reference  on  the  occasion  of  their  official 
publication. Member States shall determine how such reference is to be made. 

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 20 

Entry into force 

This Directive shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

Article 21 

Addressees 

This Directive is addressed to the Member States. 

Done at Brussels,  

For the Council 
The President 

32 

 
 
  
 
 
 
 
 
Proposal for a COUNCIL RECOMMENDATION to facilitate the admission of third-
country nationals to carry out scientific research in the European Community 

EXPLANATORY MEMORANDUM 

The reasons why it is necessary to introduce the measures contained in the recommendation in 
advance of the transposal of the directive have already been explained in the Communication. 
The proposal for a recommendation covers four areas in which the Member States are asked 
progressively to adopt measures to facilitate the admission of researchers from non-member 
countries.  These  are  admission  for  the  purposes  of  research,  the  issue  of  residence  permits, 
family  reunification  and  operational  cooperation  between  Member  States  and 
the 
Commission.  In  each  of  these  areas  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  a  first  set  of  measures  to  be  agreed  within  a  year  of  the 
adoption of the recommendation by the Council.  

The legal base for the proposed recommendation has been chosen in the light of the purpose 
of the four areas covered and set out below. All fall under Article 63 of the EC Treaty. As in 
the case of the directive, Denmark will not take part in the adoption of the proposal, and the 
recommendation  will  not  be  binding  upon  or  applicable  to  Denmark,  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.  Nor  will  it  apply  to 
the United Kingdom and Ireland, under Articles 1 and 2 of the Protocol on the position of the 
United  Kingdom  and  Ireland,  unless  these  countries  decide  otherwise,  according  to  the 
arrangements laid down in the Protocol.  

Given the urgency and importance of these measures in the light of the objectives laid down 
at  the  Lisbon  European  Council,  they  can  more  easily  be  achieved  at  Community  level 
because of their scope and impact.  

COMMENTS ON THE MEASURES 

1. ADMISSION FOR THE PURPOSES OF RESEARCH  

The first set of measures in the recommendation relate to access to research posts on 
the  labour  market.  They  seek  to  ensure  that  researchers  from  third  countries  have 
rapid and easy access to research posts without any time limits.  

a) 

The first measure concerns work permits. Given that there is a recognised shortage of 
researchers  in  the  European  Union  and  demand  for  researchers  in  the  EU  will 
increase  in  future,  in  line  with  the  European  Council’s  objectives,  cited  in  the 
Communication,  there  is  no  longer  any  need  to  assess  the  labour  market  before 
allowing  a  third-country  national  to  occupy  a  research  post.  The  abolition  of  work 
permits  will  help  to  speed  up  the  admission  procedure  for  researchers  in  the  EU. 
Before  proceeding  to  the  full-scale  abolition  envisaged  by  the  directive,  the 
Member States are asked to choose between waiving permit requirements or granting 
permits  automatically,  depending  on  the  formula  that  best  suits  the  way  the 
administrations responsible for employment and immigration policies cooperate.  

33 

 
 
  
 
 
b) 

c) 

For the same reasons, researchers from third countries should not be subject to quota 
restrictions.  The  recommendation  does  not  deal  with  the  use  of  quotas  by  the 
Member States, but proposes that third-country nationals applying for research posts 
should  not  have  their  admission  to  the  country  restricted  by  such  quotas  if  they  do 
exist.  

Similarly,  access  to  research  posts  should  not  be  subject  to  a  maximum  time  limit, 
although this would not prevent residence permits issued to researchers being for a 
limited period, provided there were no restrictions on renewal. The recommendation 
provides  in  this  context  for  a  derogation  in  the  case  of  measures  aimed  at 
counteracting  the  brain  drain,  if  the  policy  of  the  Member  State  links  access  to 
research posts to the researchers' return to their native country in order to develop the 
knowledge they have gained there.  

2. RESIDENCE PERMIT 

a) 

b) 

c) 

The second set of measures relate to the duration and issue of residence permits.  

If  the  European  Union  is  to  be  able  to  attract  researchers  from  third  countries  the 
procedure  for  issuing  residence  permits  must  be  quick  and  straightforward.  The 
recommendation therefore suggests that Member States set a target of issuing permits 
within thirty days.  

The  second  measure  relating  to  residence  permits  is  the  counterpart  to  the  measure 
relating to the length of admission to the labour market. The aim is to abolish time 
limits  and  ensure  that  researchers’  residence  permits  can  in  principle  always  be 
renewed. As in the case of work permits, the recommendation allows derogations in 
connection with measures to counteract the brain drain.  

The  third  measure  seeks  to  ease  the  smooth  the  way  for  the  transposal  and 
application of the directive. As the system it introduces gives a major role to research 
organisations  in  the  procedure  for  issuing  residence  permits,  the  recommendation 
suggests that Member States harmonise their procedures without waiting for the new 
mechanism.  The  transition  will  be  important  for  building  a  relationship  of  trust 
between  the  research  organisations  and  the  immigration  authorities  in  the 
Member States,  which  will  be  essential  for  implementing  the  directive.  This 
increasing  involvement  could,  for  example,  take  the  form  of  checking  the 
researcher’s status, evaluating the research project (particularly the funding aspects), 
evaluating  the  researcher’s  resources  during  his  or  her  stay  and  submitting  the 
application for a residence permit for the researcher, as the Member State saw fit.  

3. FAMILY REUNIFICATION 

This is a very important factor for researchers from third countries who plan to settle 
in Europe. The difficulty of bringing their families with them or the fact that a family 
member  might  be  unable  to  find  employment  are  serious  obstacles  to  researchers’ 
mobility and may lead them to opt for a different destination. It is therefore essential 
to  make  it  easier  for  family  members  of  researchers  admitted  into  the  European 
Union to enter the territory and reside there. Given that the Directive on the right to 
family reunification was formally adopted on 22 September 2003, it was felt that no 

34 

 
 
  
 
further  legislation  should  be  passed  on  this  subject.  The  matter  must,  therefore,  be 
dealt  with  in  the  recommendation,  which  calls  on  Member  States  to  adopt  various 
measures that are more favourable than the Directive on family reunification.  

Member States that would not authorise the reunification of family members in cases 
where  it  is  discretionary  only,  are  asked  to  facilitate  their  admission  if  the  person 
applying for reunification is a researcher.  

Member States  are recommended not to use as grounds for rejecting a researcher’s 
application for family reunification the fact that the application was made when the 
family  members  were  already  legally  present  on  the  territory.  The  Directive  on  the 
right to family reunification allows for the possibility of accepting such applications, 
and the recommendation allows researchers this option more generally. The efforts to 
facilitate  the  admission  of  researchers,  including  the  proposal  to  allow  them  to 
submit applications for admission on the spot, could be compromised if requests for 
family  reunification  were  refused  when  the  family  members  were  already  in  the 
country. Such a refusal would then seem disproportionate. 

The possibility of the researcher’s family members being able to work is obviously a 
key factor in the researcher’s decision as to whether or not to settle in Europe. In the 
interests  of  coherence,  it  is  proposed  that  family  members  receive  the  most 
favourable treatment given to third-country nationals.  

This measure relates to the length of the procedure for issuing residence permits to 
family members. As in the case of the researchers themselves, the recommendation 
calls on Member States to comply with a shorter deadline than that laid down in their 
domestic law for family reunification under the regular provisions and, in any case, a 
period of less than the nine-month maximum laid down by the directive.  

On similar grounds of speed and international competitiveness, the recommendation 
calls on Member States not to impose a waiting period for applications submitted by 
researchers.  

a) 

b) 

c) 

d) 

e) 

4. OPERATIONAL COOPERATION 

The final section of the recommendation contains a series of administrative measures 
across  the  board,  aimed  at  facilitating  the  implementation  of  the  recommendation 
and, ultimately, the directive.  

a) 

b) 

Member States are asked to inform the Commission about any measures they adopt 
to facilitate the entry and residence of researchers from third countries.  

In  the  interests  of  a  better  understanding  of  the  movements  of  people  involved, 
Member States are encouraged to collect and pass on to the Commission statistics on 
the residence permits they issue to researchers and their families.  

c) to f)  With a view to facilitating the admission of researchers and identifying the specific 
obstacles that arise in practice and the solutions that can be found to them, points 3, 4 
and 5 of the recommendation provide for the designation of contact persons for the 
admission  of  researchers  from 
the  competent  ministries 
(immigration  and  research)  and  embassies,  who  would  be  able  to  provide 
comprehensive information to third-country nationals applying for research posts in 

third  countries 

in 

35 

 
 
  
 
the European Union. These special duties could be assigned to an existing member of 
staff. Research organisations are also asked in point 6 to designate a contact person 
in their midst to brief researchers from third countries and promote cooperation with 
the  Member  State’s  immigration  authorities,  given  the  role  they  will  play  in  the 
admission procedure in future, under the terms of the directive.  

g) 

Finally,  Member  States  are  encouraged  to  network.  This  should  be  helped  by  the 
efforts  already  made  with  the  launch  of  the  European  Researchers’  Mobility  Portal 
on the Internet and the future creation of the network of mobility centres covering 33 
countries, which should become operational at the beginning of 2004. 

36 

 
 
  
 
2004/0062 (CNS) 

Proposal for a  

COUNCIL RECOMMENDATION 

to facilitate the admission of third-country nationals to carry out scientific 
research in the European Community 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 63 thereof, 

Having regard to the Commission proposal40, 

Having regard to the Opinion of the European Parliament41, 

Having regard to the Opinion of the European Economic and Social Committee42, 

Whereas: 

(1)  With  a  view  to  consolidating  and  restructuring  European  research  policy  the 
Commission  decided  in  January  200043  that  it  was  necessary  to  create  a  European 
research area as the centrepiece of future action by the Community in this area.  

(2) 

(3) 

(4) 

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

target  of  becoming 

the 

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  outside  the 
European Union. 

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 admitted for the purposes of research.  

40 
41 
42 
43 

OJ C , , p. . 
OJ C , , p. . 
OJ C  , , p. . 
COM (2000) 6, 18 January 2000. 

37 

 
 
  
 
                                                 
(5) 

(6) 

(7) 

(8) 

(9) 

Pending  the  adoption  of  a  directive  to  help  achieve  these  targets  by  introducing  a 
procedure  for  the  admission  of  third-country  nationals  to  carry  out  research,  this 
recommendation calls on Member States to facilitate the admission of such individuals 
already.  

Because  of  the  shortage  of  researchers  in  the  Community  and  the  need  to  facilitate 
their admission, steps should be taken to promote access to research posts in the labour 
market, for example by waiving work permit requirements. 

In order to be competitive and attractive at international level, Member States should 
simplify and  speed  up their  procedures  for issuing and renewing visas and residence 
permits for researchers.  

The implementation of this recommendation should not encourage a brain drain from 
the  emerging  economies  or  developing  countries.  Flanking  measures  aimed  at 
encouraging  the  integration  of  researchers  in  their  countries  of  origin  and  promoting 
mobility  among  researchers  should  therefore  be  taken  in  these  cases,  as  part  of  the 
partnership with the countries of origin with a view to establishing a global migratory 
policy.  

Because  matters  relating  to  family  reunification  are  a  crucial  factor  in  researchers’ 
decisions to choose the Community as the location for their research, Member States 
should  retain  or  adopt  provisions  that  are  more  favourable  than  those  under  Council 
Directive 2003/86 of 22 September 2003 on the right to family reunification44. 

(10)  The  exchange  of  information  and  best  practice  should  be  encouraged  in  order  to 
improve  admission  procedures  for  researchers.  This  recommendation  also  identifies 
contacts between the competent authorities and networking as factors contributing to 
improvement.  

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

(12) 

 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 
not affected by it, 

HEREBY RECOMMENDS: 

1) in the area of admission for the purpose of carrying out research: 

a) 

b) 

encourage  the  admission  of  researchers  into  the  Community,  either  by  exempting 
them  from  work  permit  requirements  or  by  providing  for  permits  to  be  issued 
automatically; 

refrain  from  using  quotas  to  restrict  the  admission  of  third-country  nationals  for 
research posts; 

44  

OJ L 251, 3.10.2003, p.12.  

38 

 
 
  
 
                                                 
c) 

guarantee  third-country nationals the possibility of working as a researcher without 
any  maximum  time  limit,  save  where  an  exception  is  justified  by  the  needs  of  the 
researchers' country of origin; 

2) in the area of residence permits: 

a) 

b) 

c) 

set  a  deadline  of  30  days  as  the  target  for  issuing  residence  permits  in  response  to 
applications from third-country nationals for purposes of research; 

guarantee third-country nationals working as researchers that their residence permits 
will be renewed indefinitely, save where an exception is justified by the needs of the 
researchers’ country of origin; 

gradually  involve  the  research  organisations  in  the  admission  procedure  for 
researchers; 

3) in the area of family reunification: 

a) 

b) 

c) 

d) 

e) 

encourage  the  admission  of  family  members  of  researchers  from  third  countries 
where no obligation to admit them exists; 

allow  researchers  from  third  countries  and  members  of  their  family  to  apply  for 
family reunification when the family members are already legally on their territory; 

allow  the  family  members  of  researchers  from  third  countries  who  are  admitted 
under the family reunification arrangements the most favourable treatment granted to 
third-country nationals as regards access to their labour market; 

set a shorter deadline for replying to the request for admission of a family member of 
a researcher from a third country than that specified in domestic law and, in any case, 
shorter than the nine-month deadline laid down in Article 5(4) of Directive 2003/86; 

refrain from imposing waiting periods on family members of researchers from third 
countries; 

4) in the area of operational cooperation: 

a) 

b) 

c) 

d) 

e) 

inform  the  Commission  about  the  measures  they  have  adopted  to  facilitate  the 
admission of researchers from third countries;  

gather  statistics  on  the  number  of  residence  permits  they  issue  to  researchers  from 
third countries and their family members; 

designate  a  contact  person  within  the  ministry  that  deals  with  immigration  and, 
where  necessary,  within  their  regional  or  local  administration,  who  would  be 
responsible for the admission of researchers from third countries  

designate a contact person within the ministry that deals with research who would be 
responsible for the admission of researchers from third countries; 

designate a contact person within their embassies who would be responsible for the 
admission of researchers from third countries; 

39 

 
 
  
 
f) 

g) 

encourage  research  organisations  to  designate  a  contact  person  who  would  be 
responsible  within  the  organisation  for  the  admission  of  researchers  from  third 
countries; 

ensure  that  the  people  responsible  for  the  admission  of  researchers  from  third 
countries within their administrations and research organisations network at national 
level. 

Done at Brussels,  

For the Council 
The President 

40 

 
 
  
 
 
 
 
 
 
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 

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 
200145. 

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 

45 

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). 

41 

 
 
  
 
 
                                                 
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. 

42 

 
 
  
 
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.  

43 

 
 
  
 
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 Commission46, 

Having regard to the opinion of the European Parliament47, 

Having regard to the opinion of the European Economic and Social Committee48, 

Whereas: 

(1)  With  a  view  to  consolidating  and  restructuring  European  research  policy  the 
Commission  decided  in  January  200049  that  it  was  necessary  to  create  a  European 
research area as the centrepiece of future action by the Community in this area.  

(2) 

(3) 

(4) 

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

target  of  becoming 

the 

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. 

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.  

46 
47 
48 
49 

OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
COM (2000) 6, 18 January 2000. 

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(5) 

(6) 

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. 

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) 

(9) 

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

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. 

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2. 

3. 

4. 

5. 

6. 

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. 

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. 

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

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.  

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 

46