Recommendation of the European Parliament and of the Council of 28 September 2005 to facilitate the issue by the Member States of uniform short-stay visas for researchers from third countries travelling within the Community for the purpose of carrying out scientific research
Date: 2005-09-28
Institutions: Council of the European Union
Subjects: EU Member State, EU programme, EU visa policy, admission of aliens, research staff, scientific research

3.11.2005

EN

Official Journal of the European Union

L 289/23

II

(Acts whose publication is not obligatory)

EUROPEAN PARLIAMENT AND COUNCIL

RECOMMENDATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 28 September 2005

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

(2005/761/EC)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

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

(2) At its meeting in Lisbon of 23 and 24 March 2000, the
European Council, endorsing the European Research
Area, set the Community the target of becoming the
most competitive and dynamic knowledge-based econ-
omy in the world by the year 2010.

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

Having regard to the opinion of
Regions (2),

the Committee of

the

Acting in accordance with the procedure laid down in
Article 251 of the Treaty (3),

Whereas:

(1) With a view to consolidating and restructuring European
research policy, the Commission stated in its Commu-
nication of 18 January 2000 entitled ‘Towards a
European Research Area’ that it was necessary to create
a European research area as the centrepiece of future
action by the Community in this field.

(3) The globalisation of

the economy calls for greater
mobility for researchers, which was recognised by the
Community's
for
research (4) when it opened up, to an even greater extent,
its programmes to researchers from third countries.

programme

framework

sixth

(4) The number of researchers which the Community will
need if it is to meet the target set by the European
Council at its meeting in Barcelona of 15 and 16 March
2002 of investing 3 % of GDP in research is put at
700 000. This target should be met through a series of
interlocking measures, such as making scientific careers
more attractive to young people, promoting women's
involvement in scientific research, increasing the oppor-
tunities 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.

(1) OJ C 120, 20.5.2005, p. 60.
(2) OJ C 71, 22.3.2005, p. 6.
(3) Opinion of the European Parliament of 12 April 2005 (not yet
Journal), and Council Decision of

published in the Official
18 July 2005.

the European Community for

(4) Decision No 1513/2002/EC of the European Parliament and of
the Council of 27 June 2002 concerning the sixth framework
programme of
research,
technological development and demonstration activities, con-
tributing to the creation of the European Research Area and to
innovation (2002 to 2006)
(OJ L 232, 29.8.2002, p. 1).
Decision as amended by Decision No 786/2004/EC (OJ L 138,
30.4.2004, p. 7).

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Official Journal of the European Union

3.11.2005

(5)

(6)

In order to be competitive and attractive at international
level, Member States should take the necessary steps to
make it easier for researchers to enter and move 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 (EC) No 539/2001 (1),
as persons acting in good faith and extend to them the
advantages provided for in the acquis communautaire for
the purpose of the procedures for issuing short-stay
visas.

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

(8) This Recommendation respects the fundamental rights
and observes the principles laid down in particular by the
Charter of Fundamental Rights of the European Union.

(9)

In accordance with Articles 1 and 2 of the Protocol on
the position of Denmark annexed to the Treaty on
European Union and the Treaty establishing the
European Community, Denmark is not taking part in
the adoption of this Recommendation and is not affected
by it. Given that this Recommendation builds upon the
Schengen acquis, under the provisions of Title IV of Part
Three of the Treaty establishing the European Commu-
nity, Denmark shall, in accordance with Article 5 of the
said Protocol, decide within a period of six months after
the European Parliament and the Council have adopted
this Recommendation whether it will implement it in its
national law.

(10) This Recommendation constitutes a development of
provisions of the Schengen acquis in which the United
Kingdom does not take part, in accordance with Council
Decision 2000/365/EC of 29 May 2000 concerning the
request of the United Kingdom of Great Britain and
Northern Ireland to take part in some of the provisions
the United Kingdom is
of
therefore not taking part in its adoption and is not
affected by it.

the Schengen acquis (2);

take part,

(11) This Recommendation constitutes a development of
provisions of the Schengen acquis in which Ireland does
not
in accordance with Council Decision
2002/192/EC of 28 February 2002 concerning Ireland's
request to take part in some of the provisions of the
Schengen acquis (3); Ireland is therefore not taking part in
its adoption and is not affected by it.

(12) As regards Iceland and Norway, this Recommendation
constitutes a development of provisions of the Schengen
acquis within the meaning 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 (4),
which fall within the area referred to in Article 1, point B
of Council Decision 1999/437/EC of 17 May 1999 on
certain arrangements for the application of the Agree-
ment (5).

(13) As regards Switzerland, this Recommendation constitu-
tes a development of the provisions of the Schengen
acquis within the meaning of
the Agreement signed
between the European Union, the European Community
and the Swiss Confederation concerning the association
of the Swiss Confederation with the implementation,
application and development of the Schengen acquis,
which fall within the area referred to in Article 1, point B
of Decision 1999/437/EC read in conjunction with
Article 4(1) of Council Decision 2004/849/EC (6) and of
Council Decision 2004/860/EC (7), on the signing, on
behalf of the European Union, and on the signing, on
the European Community, and on the
behalf of
that
provisional application of certain provisions, of
Agreement.

(14) This Recommendation constitutes an act building upon
the Schengen acquis or otherwise related to it, within the
meaning of Article 3(2) of the 2003 Act of Accession.

(15) This Recommendation is also intended to provide a
flexible formula for researchers who wish to maintain a
professional link with an organisation of their country of
origin (e.g. by spending periods of up to three months
every semester in a European host research organisation
located in the common area while continuing to work
the rest of the time in the research organisation of
origin),

(1)

Council Regulation (EC) 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). Regulation as
last amended by
Regulation (EC) No 851/2005 (OJ L 141, 4.6.2005, p. 3).

(2) OJ L 131, 1.6.2000, p. 43.

(3) OJ L 64, 7.3.2002, p. 20.
(4) OJ L 176, 10.7.1999, p. 36.
(5) OJ L 176, 10.7.1999, p. 31.
(6) OJ L 368, 15.12.2004, p. 26.
(7) OJ L 370, 17.12.2004, p. 78.

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Official Journal of the European Union

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HEREBY RECOMMEND MEMBER STATES:

1.

2.

3.

4.

to 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 (EC) No 539/2001;

to 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, Member States should take into account
the
duration of
the research programmes in which the
researchers are taking part;

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

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

5.

6.

to 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 practices;

to undertake to supply the Commission by 28 September
2006 with information about best practices adopted to
facilitate the issue of uniform visas for researchers, so as
to enable it to evaluate the progress made. Having regard
to whether or not the directive on a specific procedure
for admitting third-country nationals for the purposes of
scientific research (1) is adopted, and to the outcome of
the evaluation,
incorporating the
provisions of this Recommendation in an appropriate
legally binding instrument should be examined.

the possibility of

Done at Strasbourg, 28 September 2005.

For the European Parliament
The President
J. BORRELL FONTELLES

For the Council
The President
D. ALEXANDER

(1)

See page 15 of this Official Journal.