European Parliament legislative resolution on the proposal for a Council directive on a specific procedure for admitting third-country nationals for purposes of scientific research (COM(2004)0178 - C6-0011/2004 - 2004/0061(CNS))
Date: 2005-04-12
Institutions: European Parliament
Subjects: EU national, EU research policy, admission of aliens, free movement of workers, research staff, scientific exchange

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Notes the current debates on the ‘Motorways of the Sea Quality Label’ which could be developed for
27.
intermodal operations using short sea shipping and meeting a number of quality criteria; notes that the
Motorways of the Sea Quality Label could be awarded to existing high-quality operations and to other
operations where commitments are given to achieving a required quality standard, with or without support
from public funds granted in accordance with Community rules, notably the competition rules;

28.
Calls for the adoption of effective, clear and adequate financing arrangements for actions linked to
Motorways of the Sea and short sea shipping lines, allowing the optimum level of complementarity or
indeed additionality of financing so as to enable lasting and viable new lines to be set up (which, however,
must not on any account be detrimental to existing short sea shipping services) where necessary with the
involvement of public services, in compliance with Community rules;

Urges that aggregation of demand should be included as a priority criterion in the conditions envis-

29.
aged in the Community guidelines on State aid to maritime transport;

30.
Calls for clarification of the Community rules applicable to the signing of agreements initiating the
exploitation of Motorway of the Sea operations and the competition-related conditions for national public
financing of short sea shipping projects and Motorways of the Sea;

31.

Instructs its President to forward this resolution to the Council and the Commission.

*

*

*

P6_TA(2005)0087

Researchers from third countries (specific procedure) *

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

(Consultation procedure)

The European Parliament,

— having regard to the Commission proposal (COM(2004)0178) (1),

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

— having regard to Article 67 of the EC Treaty, pursuant to which the Council consulted Parliament

(C6-0011/2004),

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

— having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the

opinion of the Committee on Industry, Research and Energy (A6-0054/2005),

1.

2.

3.

Approves the Commission proposal as amended;

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

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

(1) Not yet published in OJ.

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Asks the Council to consult Parliament again if it intends to amend the Commission proposal substan-

4.
tially;

5.

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

Tuesday 12 April 2005

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 1
Recital 4

(4) The number of researchers which the Community will
need to meet the target set by the Barcelona European Council
of 3 % of GDP invested in research is estimated at 700 000. This
target must be met through a series of interlocking measures
such as making scientific careers more attractive to young
people, extending the opportunities for training and mobility
in research, improving the career prospects for researchers in
the Community and opening the Community up to third-
country nationals who could potentially be admitted for
research purposes.

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

Amendment 2
Recital 5

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

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

Amendment 3
Recital 12

(12)
It is important to foster the mobility of researchers as a
means of developing and consolidating contacts and networks
between partners at world level.

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

Amendment 4
Recital 12a (new)

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

Amendment 32
Recital 12b (new)

(12b)
Family members of researchers should therefore be
able to join them in the host Member State under the same

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AMENDMENTS
BY PARLIAMENT

conditions as provided for in Directive 2004/38/EC of the
European Parliament and of the Council of 29 April 2004
on the right of citizens of the Union and their family members
to move and reside freely within the territory of the Member
States (1).

(1) OJ L 158, 30.4.2004, p. 77.

Amendment 5
Recital 14a (new)

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

Amendment 6
Article 1

This Directive lays down the conditions for the admission of
third-country researchers to the Member States for more than
three months for the purposes of conducting a research project
under a hosting agreement with a research organisation.

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

Amendment 7
Article 2, point (b)

(b)

‘Researcher’ means a third-country national holding a post-
graduate (master's or equivalent) degree admitted to the ter-
ritory of a Member State of the European Union for the
purposes of conducting a research project at a research
organisation;

(b)

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

Amendment 8
Article 4, paragraph 2, subparagraph 1a (new)

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

Amendment 9
Article 4, paragraph 3

3. Member States shall approve for an unlimited period
public and private organisations whose main tasks consist in
conducting research and Member States' higher education
establishments within the meaning of their legislation or
administrative practice.

in accordance with national

3. Member States may,
law,
require the research organisation to supply a written under-
taking to the effect that, should the researcher remain unlaw-
fully on the territory of the Member State concerned, the
organisation will take responsibility for reimbursing residence
costs, health costs and the cost of returns paid from public
funds. The research organisation's financial
liability shall
cease no later than six months after the expiry of the hosting
agreement.

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Tuesday 12 April 2005

AMENDMENTS
BY PARLIAMENT

Amendment 10
Article 4, paragraph 4

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

Deleted

Amendment 11
Article 4, paragraph 5

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

Deleted

Amendment 12
Article 4, paragraph 6

Deleted

6. When applying for approval, the research organisation
shall give the host Member State an undertaking that they
will assume responsibility for residence costs, health costs,
and the cost of return in respect of the researchers it hosts
and to issue them with the statement referred to in Arti-
cle 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 agree-
ment
in accordance with Article 5(4), for as long as the
researcher has not left the territory of the European Union.

Amendment 13
Article 4, paragraph 7

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

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

Amendment 14
Article 4, paragraph 9

9.
A Member State may refuse to renew or decide to with-
draw 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 organi-
sation concerned may not reapply for approval before five years
from the date of publication of the decision on withdrawal or
non-renewal.

9.
A Member State may refuse to renew or decide to with-
draw 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 organi-
sation concerned may not reapply for approval before five years
from the date of publication of the decision on withdrawal or
non-renewal. Research organisations shall not be held respon-
sible for violations of the conditions specified in Article 6(a)
and (d) unless there are grounds for suspecting that they col-
luded in the commission by the researcher of unlawful acts.

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BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 16
Article 7

Member States shall
issue a residence permit for one year or
more and shall renew it annually if the conditions laid down
in Articles 5 and 6 are still met. If the research project is sche-
duled to last less than one year, the residence permit shall be
issued for the duration of the project.

Member States shall issue a residence permit for the duration of
the hosting agreement. This period may be extended by
30 days at the request of the person concerned.

Amendment 17
Article 7a (new)

Article 7a

Family members

1. Member States shall authorise the entry and residence of
family members of the researcher.

2.

‘Family members’ shall be understood as meaning:

(a)

the spouse;

(b) the partner with whom the third-country researcher has
contracted a registered partnership, if the legislation of
the host Member State treats registered partnerships as
equivalent to marriage and in accordance with the con-
ditions laid down in the relevant legislation of the host
Member State;

(c)

the direct descendants who are under the age of 21 or are
dependants and those of the spouse or partner as referred
to in point (b);

(d)

the direct dependent relatives in the ascending line and
those of the spouse or partner as referred to in point (b);

The host Member State shall be free to apply more favourable
conditions.

Amendment 18
Article 8 paragraph 2

2. Member States may withdraw or refuse to renew a resi-
dence 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 infringe-
ment 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 disabil-
ity suffered after the residence permit was issued.

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

Amendment 19
Article 11

Researchers admitted under this Directive may teach in a higher
education establishment within the meaning of Member Sta-
tes' legislation and administrative practice, subject to a maxi-
mum number of hours per year set by each Member State.

Researchers admitted under this Directive may teach in accord-
ance with national legislation. Member States may set a maxi-
mum number of hours or days per year that researchers are
allowed to teach, if such a limitation is provided for in exist-
ing national legislation.

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BY THE COMMISSION

Tuesday 12 April 2005

AMENDMENTS
BY PARLIAMENT

Amendment 20
Article 13

1.
A holder of a residence permit issued under this Direc-
tive may, under cover of the permit together with a valid pass-
travel document, conduct part of his
port or equivalent
research project on the territory of another Member State, pro-
vided 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.

2.
Paragraph 1 shall not affect Member States' right to
require a short-term visa for third-country nationals not
covered by the mutual recognition arrangements laid down in
Article 21 of
the Convention Implementing the Schengen
Agreement.

1.
A third-country national admitted as a researcher under
this Directive shall be entitled to conduct part of his research
work in another Member State under the conditions set out in
this Article.

2.
A researcher residing for no more than three months in
another Member State may conduct his research work on the
basis of the hosting agreement concluded in the first Member
State, provided that he has sufficient resources in the other
Member State and that that State does not consider him to
pose a threat to public policy, public security or public health.

Should the researcher

2a.
reside for more than three
months in another Member State, the Member States may
require that a new hosting agreement be concluded, to cover
his research work in the Member State concerned. In any
event, the conditions set out in Articles 5 and 6 shall be com-
plied with vis-à-vis the other Member State.

2b. Where, under the relevant legislation, mobility is con-
ditional upon the issue of a visa or residence permit, the visa
or permit shall be granted without delay and within a period
that, while allowing the competent authorities sufficient time
to process the application, does not hamper the continuation
of the research work.

Member States shall not require the researcher to leave their
territory in order to submit an application for a visa or resi-
dence permit.

Amendment 21
Article 13, paragraph 2c (new)

2c.
During the period of validity of his residence permit,
the researcher may apply for a new hosting agreement in the
same or another Member State. The new application shall be
treated by a simplified procedure, which does not include
examination of the condition stipulated in Article 5(2)(a)(ii),
provided that the initial research organisation provides written
confirmation that the work has been carried out satisfactorily
up to the time of submission of the new application.

Amendment 22
Article 15 paragraph 1

The relevant authorities in the Member State shall notify
1.
in accordance with the notification
the applicant in writing,
procedures laid down in the relevant national
legislation, of
their decisions regarding his application for admission or for

1.
The relevant authorities in the Member State shall notify
the applicant in writing without delay, in accordance with the
notification procedures laid down in the relevant national legis-
lation, of their decisions regarding his application for admission

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AMENDMENTS
BY PARLIAMENT

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 appli-
cations, the deadline may be extended.

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 con-
sequences for the authorities concerned of failing to take a deci-
sion by this deadline. In exceptional cases involving complex
applications, the deadline may be extended, but in no case by
more than 30 days. The applicant shall receive full justifica-
tion for any such extension.

Amendment 23
Article 16 paragraph 1a (new)

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

Amendment 24
Article 18

Periodically, and for the first time no later than [… (*)], 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 stat-
istical data on the application of this Directive.

(*) Three years after the entry into force of this Directive.

P6_TA(2005)0088

the admission of

Periodically, and for the first time two years after the entry into
force of this Directive, the Commission shall report to the
European Parliament and the Council on the application of this
Directive in the Member States and on progress with imple-
mentation of the measures provided for in the Council Recom-
mendation to facilitate
third-country
nationals to carry out scientific research in the European
Community and the European Parliament and Council Recom-
mendation to facilitate the issue by the Member States of uni-
form short-stay visas for researchers from third countries
travelling within the European Community for the purpose of
carrying out scientific research and shall propose any necess-
ary amendments and additions to this Directive and, where
appropriate, that the second recommendation be converted
into a regulation. To this end, the Member States shall send
the Commission statistical data on the application of this Direc-
tive.

Researchers from third countries (facilitating admission) *

European Parliament legislative resolution on the proposal for a Council recommendation to facili-
tate the admission of third-country nationals to carry out scientific research in the European Com-
munity (COM(2004)0178 — C6-0012/2004 — 2004/0062(CNS))

(Consultation procedure)

The European Parliament,

— having regard to the Commission proposal (COM(2004)0178) (1),

— having regard to Article 63 of the EC Treaty,

— having regard to Article 67 of the EC Treaty, pursuant to which the Council consulted Parliament

(C6-0012/2004),

(1) Not yet published in OJ.