Council Recommendation of 12 October 2005 to facilitate the admission of third-country nationals to carry out scientific research in the European Community
Date: 2005-10-12
Institutions: Council of the European Union
Subjects: EU Member State, admission of aliens, research staff, residence permit, scientific exchange, third country

L 289/26

EN

Official Journal of the European Union

3.11.2005

COUNCIL

COUNCIL RECOMMENDATION

of 12 October 2005

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

(2005/762/EC)

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 proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Having regard to the opinion of the European Economic and
Social Committee (2),

(2)

Endorsing the European Research Area,
the Lisbon
European Council in March 2000 set the Community
the objective of becoming the most competitive and
dynamic knowledge-based economy in the world by the
year 2010.

(3)

The globalisation of

the economy calls for greater
mobility of researchers, something which was recognised
by the sixth framework programme of the European
Community (4) when it opened up its programmes
further to researchers from outside the European Union.

Having regard to the opinion of
Regions (3),

the Committee of

the

(4)

Whereas:

(1) With a view to consolidating and giving structure to
European research policy, the Commission considered it
necessary in January 2000 to establish the European
Research Area as the lynchpin of the Community’s future
action in this field.

(1) Opinion of 12 April 2005 (not yet published in the Official

Journal).

(2) OJ C 120, 20.5.2005, p. 60.
(3) OJ C 71, 22.3.2005, p. 6.

The number of researchers which the Community will
need by 2010 if it is to meet the target set by the
Barcelona European Council in March 2002 of investing
3 % of GDP in research is estimated at 700 000. This
target is to be met through a series of
interlocking
measures,
such as making scientific careers more
attractive to young people, promoting women’s involve-
ment in scientific research, extending the opportunities
for training and mobility in research, improving career
prospects for researchers in the Community and opening
up the Community to third-country nationals who might
be admitted for the purposes of research.

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

L 289/27

(5)

(6)

(7)

(8)

Pending the implementation of Council Directive 2005/
71/EC of 12 October 2005 on a specific procedure for
admitting third-country nationals for the purposes of
scientific research (1),
this recommendation calls on
Member States
such
individuals already.

to facilitate the admission of

(11) 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 net-
working as factors contributing to improvement.
In
particular, the ‘Pan-European Researchers Mobility Web
Portal’ and the equivalent national tools constitute an
important source of information for researchers.

Because of the shortage of researchers in the Commu-
nity 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.

researchers

Implementation of this recommendation should not
encourage a brain drain from emerging economies or
aimed at
developing countries. Back-up measures
encouraging the integration of
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 comprehensive migration policy.
In this context, Member States should endeavour to
establish a balance between the reception of researchers
from third countries and the appraisal of the needs of
their country of origin in the field of research. In doing
so, they should take into account also the personal
situation of
in particular where the
person concerned has a contractual relationship with a
research organisation in his/her country of origin.

the researchers,

(12) According to the 2003 Act of Accession, the then
Member States are, during any period when national
measures or those resulting from bilateral agreements are
applied, to give preference to workers who are nationals
of the Member States over workers who are nationals of
third countries as regards access to the labour market.

(13) Czech, Cypriot, Estonian, Hungarian, Latvian, Lithua-
nian, Maltese, Polish, Slovakian and Slovenian migrant
workers and their families legally resident and working in
another Member State or migrant workers from other
Member States and their families legally resident and
working in the Czech Republic, Cyprus, Estonia,
Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and
Slovenia shall not be treated in a more restrictive way
than those from third countries resident and working in
that Member State or
the Czech Republic, Cyprus,
Estonia, Hungary, Latvia, Lithuania, Malta, Poland,
Slovakia and Slovenia respectively.

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

(9)

Because matters relating to family reunification are a
factor in researchers’ decisions to choose the
crucial
Community as the location for their research, Member
States should facilitate the reunification of the research-
ers’ family members, for example with respect to access
to the labour market and the possibility for family
members to apply when they are legally present on the
territory of the Member State concerned.

(15)

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 to the Treaty
establishing the European Community and without
prejudice to Article 4 of the said Protocol, Ireland is
not taking part in the adoption of this recommendation
and the provisions thereof do not apply to it.

(10)

In determining the duration of the residence permit to
be issued to the family members, Member States should
take into account whether the person concerned should
complete his/her schooling needs or not.

(16)

(1)

See page 15 of this Official Journal.

In accordance with Articles 1 and 2 of the Protocol in
the position of the United Kingdom and Ireland annexed
to the Treaty on European Union and to the Treaty
establishing the European Community and without
prejudice to Article 4 of the said Protocol, the United
Kingdom is not taking part in the adoption of this
recommendation and the provisions thereof do not apply
to it.

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Official Journal of the European Union

3.11.2005

(17)

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 does not take part in
the adoption of this recommendation and the provisions
thereof do not apply to it,

HEREBY RECOMMENDS MEMBER STATES:

3.

1.

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

(b)

(c)

to guarantee third-country nationals working as
researchers that
their residence permits will be
renewed;

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

family reunification,

to facilitate and
in the area of
support
family members, by
providing them with favourable and attractive conditions
and procedures;

reunification of

the

(a)

(b)

(c)

to encourage the admission of researchers into the
Community, by providing them with favourable
conditions for carrying out research, preferably by
exempting them from work permit requirements, or
alternatively by providing for work permits to be
issued automatically or under fast-track procedures;

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

to restrict

to guarantee third-country nationals the possibility
of working as a researcher, including the possibility
of extension or renewal of work permits where
appropriate;

4.

in the area of operational cooperation:

(a)

(b)

(c)

(d)

to facilitate access of researchers to the relevant
information and promote its availability on all the
relevant information sources;

to promote contact persons networks within the
competent administrations;

to encourage research organisations to develop such
networks;

to inform the Commission of the measures they
have adopted in order to facilitate the admission of
researchers from third countries.

2.

in the area of residence permits:

Done at Luxembourg, 12 October 2005.

(a)

to issue residence permits in response to applica-
tions from third-country nationals for purposes of
research as soon as possible, and facilitate fast-track
procedures;

For the Council
The President
C. CLARKE