REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL  on the application of Directive 2004/114/EC on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service
Date: 2011-09-28
Institutions: European Commission
Subjects: admission of aliens, foreign student, residence permit, third country, unpaid work, vocational training

EUROPEAN COMMISSION 

Brussels, 28.9.2011 
COM(2011) 587 final 

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND 
THE COUNCIL  

on the application of Directive 2004/114/EC on the conditions of admission of third-
country nationals for the purposes of studies, pupil exchange, unremunerated training 
or voluntary service 

 
 
 
 
  
 
 
I. 

INTRODUCTION 

Council Directive 2004/114 on the conditions of admission of third country nationals for the 
purposes of studies, pupil exchange, unremunerated training or voluntary service (hereinafter 
‘the  Directive’)1  was  the  third  legislative  instrument  in  the  field  of  legal  migration  to  be 
adopted  following  the  Treaty  of  Amsterdam  and  the  Tampere  Conclusions  of  the  European 
Council. 

The overall objective is to promote Europe as a world centre of excellence for studies. As part 
of  this  effort,  the  Directive  aims  to  set  up  a  common  legal  framework,  making  it  easier  for 
people  from  outside  the  European  Union  (‘third  country  nationals’)  to  enter  and  stay  in  the 
EU for the purpose of studying. Having a coordinated and transparent legislative framework 
makes  the  EU  more  visible,  accessible  and  attractive to third country students as a place of 
higher  education.  Moreover,  student  mobility  benefits  global  economic  development  by 
promoting the circulation of knowledge and ideas. 

The Directive also lays down a set of basic rules on the conditions under which school pupils, 
unremunerated  trainees  and  volunteers  may  enter  and  stay  in  the  EU.  These  forms  of 
‘temporary migration’ do not depend on the labour market situation in the host country. By 
promoting  them,  the  Directive  aims  to  encourage  ‘mutual  enrichment’  between  different 
actors  and  ‘better  familiarity  among  cultures’.  The  early  years  of  education  have  a 
fundamental influence on young people’s values, attitudes, aspirations and knowledge. Work 
placements  and  vocational  training  allow  them  to  acquire  important  skills  which  may  help 
them and their employers in future work situations. The 2011 European Year of Volunteering 
has highlighted how involvement in voluntary activities can be a source of valuable learning 
experiences  and  cultural  exchanges.  It  helps  volunteers  acquire  new  skills  and  it  promotes 
solidarity and democratic values.  

This report meets the Commission’s obligation under Article 21 of the Directive. It gives an 
overview of how the Directive has been transposed and implemented by the Member States 
and it identifies possible problematic issues. This report is based on a study carried out for the 
Commission2  and  on  other  sources,  including  ad-hoc  enquiries  made  through  the  European 
Migration  Network,3  complaints,  questions  and  petitions  sent  by  private  individuals  and 
discussions  with  Member  States  on  practical  issues  arising  from  the  application  of  the 
Directive. 

The Directive was adopted on 13 December 2004. Denmark, Ireland and the United Kingdom 
are not bound by it.  

The  Member  States  have  been  given  the  opportunity  to  revise  and  update  the  factual 
information.  

1 OJ L 375 of 23.12.2004, p.12. 
2 Study supported by the Commission and carried out by GHK. 
3 See in particular ad-hoc queries No 54, 73, 101, 273, 289 and 313. 

 
 
                                                 
II.   MONITORING AND TRANSPOSITION 

Under Article 22 of the Directive, Member States had to transpose the Directive into their law 
by 12 January 2007, and to communicate this information to the Commission. 

From 2006 to 2010, the Commission held meetings with Member States to discuss questions 
on the implementation and interpretation of the Directive.  

In  2007,  the  Commission  launched  infringement  proceedings  under  Article  258  (ex-226)  of 
the  Treaty  on  the  Functioning  of  the  European  Union  against  14  Member  States4  for  not 
having transposed the Directive in time or for not having properly informed the Commission. 
Since  then,  all  Member  States  have  adopted  transposition  measures,  and  the  infringement 
proceedings for non-communication have been closed. 

III.   COMPLIANCE OF THE TRANSPOSITION MEASURES 

3.1. Personal scope (Article 3) 

Article 3 of the Directive stipulates which categories of third-country nationals must and may 
be covered by the provisions transposing the Directive into the laws of Member States. Those 
who must be included are third-country nationals who apply to be admitted to the territory of 
a  Member  State  for  the  purpose  of  studies.  The  provisions  may  also  cover  third-country 
nationals  who  apply  to  be  admitted  for  the  purposes  of  pupil  exchange,  unremunerated 
training or voluntary service. 

Altogether  10  Member  States5  decided  to  apply  the  Directive  to  all  three  of  these  optional 
categories  (school  pupils,  unpaid  trainees  and  volunteers),  and  a  further  5  Member  States6 
decided to apply it to one or two of these categories. A total of 9 Member States (AT, BE, DE, 
FI, LT, MT, NL, PL and SE) transposed only the provisions relating to students. 

If  Member  States  choose  to  apply  the  Directive  to  any  of  these  three  categories  (other  than 
students),  the  choice  they  make  obliges  them  to  transpose  the  relevant  provisions  of  the 
Directive  —  unless  the  provisions  are  left  to  the  Member  State’s  discretion.  It  seems, 
however, that Member States have sometimes disregarded this general rule.  

3.2. More favourable provisions (Article 4) 

A  small  number  of  Member  States  have,  with  non-EU  countries,  bilateral  agreements  that 
include more generous provisions than those laid down in the Directive, as allowed in Article 
4 (1) (b). 

In  addition,  outside  the  context  of  bilateral  or  multilateral  agreements,  Article  4  (2)  allows 
Member  States  to  adopt  or  maintain  more  favourable provisions than the ones laid down in 
the Directive. However, Member States sometimes appear to have misunderstood this and to 
have  disregarded  the  Directive’s  compulsory  provisions,  such  as  the  requirement  to  have  a 
training  agreement  for  unremunerated  trainees.  More  favourable  provisions  are  allowed  as 
long as they do not water down the level of rights already granted to third-country nationals 

4 CY, DE, EE, EL, ES, FI, FR, IT, LU, MT, PL, PT, RO, SK. 
5 CY, CZ, EE, ES, IT, LU, PT, RO, SI and SK. 
6 BG: unremunerated trainees and school pupils (draft legislation); EL: volunteers; FR: unremunerated trainees; 
HU: school pupils and volunteers, LV: school pupils. 

 
 
 
                                                 
by the Directive. These provisions cannot undermine the purpose of the Directive, which is to 
provide  for  a  certain  level  of  harmonisation  of  the  admission  and  residence  conditions  for 
third-country students, with a view to setting up a transparent common scheme at EU level. 

3.3. Conditions of admission (Articles 5, 6, 7, 9, 10 and 11) 

•  General conditions for admission (Article 6) 

The  requirement  to  present  a  valid  travel  document  laid  down  in  Article  6  (1)  (a)  has  been 
incorporated in the legislation of all Member States, often (CY, EL, FR, HU, MT, NL, SE and 
SI) with the additional requirement — as allowed by the Directive — that this document be 
valid at least for the duration of the holder’s planned stay in the host Member State. 

Article 6(1)(b) requires a parental authorisation for the planned stay of a minor. It is not clear 
whether  this  requirement  has  been  transposed  in  BG,  IT  and  NL.  In  addition,  IT  and  LV 
require  evidence  that  the  minor  is  under  adequate  guardianship.  In  AT,  BE  and  SE  the 
requirement has not been specifically transposed.7  

Article 6 (1) (c) requires a third country national to have sickness insurance in respect of all 
risks  normally  covered  for  nationals  in  the  Member  States.  In  this  respect  there  are  several 
different  patterns  of  practice  in  the  Member  States  concerned.  Instead  of  insurance,  BE 
requires  proof  that  third-country  nationals  have  sufficient  means  of  their  own  to  cover  the 
costs  of  medical  treatment.  It  is  not  entirely  clear  whether  the  insurance  is  required  in  IT. 
Moreover, BG, CZ8,  LU,  PL,  RO,  SI  and  SK  do  not  specifically refer to the risks normally 
covered for the nationals of a Member State. 

Almost all Member States have introduced the requirement laid down in Article 6 (1) (d) that 
a third country national must not be regarded as threat to public policy, public security or 
public health. It is not clear whether and how this requirement has been transposed in IT. 

BG, CY, CZ, EE, DE, HU, LU, NL, PL, SI and SK require proof of payment of the fee for 
processing the application for admission, as allowed by Article 6(1)(e). 

Not all Member States have transposed the provisions of Article 6(2), which requires them to 
facilitate  the  admission  of  third-country  nationals  participating  in  EU  Programmes  that 
enhance mobility towards and within the Union. BE, BG, EE, DE, IT and RO do not appear to 
have transposed this provision, and the other Member States appear simply to be calling for 
such  facilitation  rather  than  translating  it  into  specific  rules  on  (for  example)  lower  fees  or 
faster procedures. Thus the transposition of this important provision is not yet satisfactory. 

•  Specific conditions for students (Article 7) 

Under  Article  7(1)(b),  Member  States  are  obliged  to  publicise  the  minimum  monthly 
resources  a  third  country  student  must  demonstrate  he  or  she  will  have  to  cover  their 
subsistence,  study  and  return  travel  costs.  This  fits  with  their  broader  duty  to  inform  third-
country  nationals  about  the  rules  applicable  to  the  admission  of  students,  so  as  to  ensure 
transparency and legal certainty for prospective students and thus encourage them to study in 
the EU. Transposition issues arise in this regard in a number of Member States. In HU, the 
necessary resources are assessed on a case-by-case basis. For many other Member States (BE, 

7  These  Member  States  implemented  only  the  parts  of  the  Directive  relating  to  students,  who  are  often  not 
minors. 
8 In CZ this concerns only the initial period of stay before the renewal of the permit 

3

 
 
                                                 
BG,  CY,  EL,  LT,  MT,  NL,  PL,  PT,  RO  and  SK)  it  is  questionable  whether  the  methods  of 
publication  are  sufficient  -  for  instance  when  the  information  is  given  only  in  official  texts 
which third country nationals cannot easily access or read. 

The minimum amount referred to in Article 7 (1) (b) varies widely between Member States —
from around € 120 per month in BG to € 795 in NL  in 2009. It is typically calculated on the 
basis of the minimum subsistence or minimum wage levels in the country concerned, or the 
level of scholarships provided to national students. Types of evidence of sufficient resources 
also vary greatly from one country to another and may include, for example, fellowships (see 
Recital 13) or proof of parents’ income. When setting a threshold for resources or regulating 
types  of  evidence,  Member  States  must  do  so  with  due  regard  to  the  principle  of 
proportionality and the effectiveness of the Directive. 

Article 7(1)(c) authorises Member States to require evidence that the applicant has sufficient 
knowledge  of  the  language  of  the  course.  EE,  DE,  IT  and  MT  have  made  use  of  this 
possibility. In many Member States, language skills are considered proven by the fact that the 
applicant has been accepted by an establishment of higher education. 

AT, BG, CY, EL, LT, MT, PL, PT and RO have transposed Article 7(1)(d), under which the 
applicant  must  provide  evidence  that  (s)he  has  paid  the  fees  charged  by  the  establishment. 
However,  this  requirement  may  also  be  implicitly  applied  in  other  Member  States,  through 
confirmation that the applicant has registered with an educational institution. 

Only  11  Member  States  (CY,  FR,  EL,  HU,  IT,  LV,  PL,  PT,  RO,  SE  and  SK)  opted,  under 
Article 7(2), not to require third-country students to have a separate sickness insurance if they 
automatically  qualify  for  such  insurance  as  a  result  of  being  enrolled  at  an  educational 
establishment. 

•  Specific conditions for school pupils (Article 9) 

12  Member  States9  have  reportedly  included  school  pupils  in  their  legislation.  All  12 
countries  except  BG  appear  to  have  transposed  the  obligation  to  provide  evidence  of 
acceptance by a secondary education establishment (Article 9 (1) (b)). However, only CY, 
ES, IT, LU, PT, SI and RO have explicitly transposed the requirement to provide evidence of 
participation in the recognised pupil exchange scheme (Article 9 (1) (c)). 

Article  9(1)(d)  requires  evidence  that  the  pupil  exchange  organisation  accepts 
responsibility for the pupil, and Article 9(1)(e) requires that the pupil be accommodated by 
a family meeting certain conditions. Neither BG nor SI proved that they had transposed either 
of  these  requirements.  ES  and  PT  accept  that  a  pupil  may  also  be  accommodated  in  an 
institutional environment.  

BG, CZ, ES and SI have not explicitly transposed the provisions of Article 9 (1) (a) on the 
minimum  and  maximum  age  of  pupils,  but  this  is  permissible  on  the  basis  of  more 
favourable provisions.  

As allowed by Article 9 (2), CY applies reciprocity and admits third country nationals to its 
pupil exchange schemes only if they are from countries which offer the same possibility for 
CY pupils. 

9 BG, CY, CZ, EE, ES, IT, LU, LV, PT, RO, SI and SK. 

4

 
 
 
                                                 
•  Specific conditions for unremunerated trainees (Article 10) 

A total of 12 Member States10 have included unremunerated trainees within the scope of their 
legislation implementing the Directive.  

IT has not transposed the requirement concerning a training agreement (Article 10 (a)) nor the 
requirement  to  prove  sufficient  resources  (Article  10  (b)).  Similar  transposition  issues  arise 
regarding the obligation to publicise the minimum monthly resources as arose with Article 7 
(b). 

FR and LV seem to be the only Member States to have set a specific amount of ‘minimum 
monthly resources’ required for unremunerated trainees: the other Member States set the same 
amount as for students. 

Only  EE  and  RO  require  the  third-country  student  to  follow  basic  language  training,  as 
allowed by Article 10(c). 

LU  law  requires  that  the  internship  be  a  compulsory  part  of  an  academic  course.  CY  has 
stipulated  that  the  sectors  of  work  for  the  unremunerated  trainee  must  be  determined  and 
published by the Ministry of Labour and Social Security. 

•  Specific conditions for volunteers (Article 11) 

Of the 12 Member States11 which have included volunteers in the scope of their legislation, 
CY,  CZ,  EL,  HU,  IT,  LU,  PT,  RO,  and  SK  chose  to  set  age  conditions,  as  provided  for  in 
Article 11(a).. 

All  12  Member  States  have  transposed  the  requirement  for  an  agreement  between  the 
volunteer and the responsible organisation, as laid down in Article 11(b). However, laws do 
not always include all the elements of this agreement as set out in the Directive (description of 
the task, working time, resources, etc.). In particular, law in PT includes no details at all, and 
in EL and LU it lists only a few such details.   

Article 11(c) obliges the applicant to provide evidence that the organisation responsible for 
the  voluntary  service  scheme  has  taken  out  third-party  insurance  and  accepts 
responsibility  for  the  volunteers  throughout  their  stay,  in  particular  as  regards  their 
subsistence,  healthcare  and  return  travel  costs.  However,  PT  has  not  transposed  this 
requirement.  In  some  Member  States,  it  is  not  clear  to  what  extent  the  organisation  takes 
responsibility for all three elements mentioned in the Directive. 

CY, RO and SK have taken the opportunity afforded by Article 11(d) to give the third-country 
volunteer  a  basic  introduction  to  their  national  language,  history  and  political  and  social 
structures. 

3.4. Mobility of students (Article 8) 

Article  8  regulates  the  crucial  issue  of  the  mobility  of  third  country  nationals  who  have 
already  been  admitted  as  students  in  a  first  Member  State  and  who  apply  to  continue  their 
studies in a second Member State.  

10 BG (draft legislation), CY, CZ, EE, ES, FR, IT, LU, PT, RO, SI and SK. 
11 CY, CZ, EE, EL, ES, HU, IT, LU, PT, RO, SI and SK. 

5

 
 
                                                 
Most Member States indicated that they take the start of the course into consideration when 
processing  the  application  —  for  example  via  fast-track  procedures  (NL)  or  issuing  a 
temporary authorisation to stay on their territory pending a final decision on the application 
(BG, DE). However, from the queries submitted to the Commission it appears that additional 
rules  on  visas  often  make  it  difficult  for  third  country  students  to  effectively  exercise  their 
right to mobility. 

Moreover, on the basis of more favourable provisions, Member States apply the same general 
conditions and procedures as laid down in Article 6 and 7 of the Directive without the other 
supplementary provisions set out in Article 8 (1) (b) and (c).12 

Although  the  derogation  laid  down  in  Article  8  (2)  is  compulsory  for  those  Member  States 
which transposed Article 8 (1) (c), it is not provided for by PT and SK. 

The first Member State must provide the second Member State with information relating to 
the student’s stay on its territory (Article 8(3)), but this obligation has been transposed only 
by AT, CY, DE, EL, ES, FI, IT, LV, MT, PL, PT, SE and SK. From the information gathered, 
it appears that Member States rarely take the opportunity to request such information.  

3.5. Residence permits (Articles 12, 13, 14 and 15) 

•  Residence permits issued to students (Article 12) 

Under Article 12 (1), third-country students who meet the conditions of Articles 6 and 7 have 
the  right  to  be  issued  a  residence  permit  and  to  have  this  permit  renewed  if  the  conditions 
continue to be met. Most Member States' laws do not explicitly state the obligation to grant 
the permit and to renew it under these conditions. From the complaints and queries submitted 
to  the  Commission  it  is  clear  that,  even  if  the  third  country  nationals  meet  all  the  relevant 
requirements  of  the  Directive,  the  effective  exercise  of  their  right  to  be  issued  a  residence 
permit is often hindered or even invalidated by the additional requirements concerning a visa. 
There  are  few  Member  States  that  do  not  require  a  visa  and  rely  solely  on  the  residence 
permit. 

Article 12 (1) also defines the period of validity of residence permit issued to students. Most 
Member  States  provide  for  a  maximum  period  of  one  year  (and  renewable);  in  some, 
however, the permit can be valid for as long as 3 or even 5 years (e.g. DE, HU, SK). 

Article  12(2)  sets  out  specific  optional  grounds  for  refusing  and  withdrawing  the  permit  — 
the general grounds being laid down in Article 16. Article 12(2)(a) allows Member States to 
refuse to renew, or to withdraw, a student residence permit if the student abuses the conditions 
relating  to  access  to  economic  activities,  as  defined  in  Article  17.  This  provision  has  been 
transposed by thirteen Member States.13 In order to control this type of abuse, others make use 
of the general conditions for refusal laid down in Article 16. 

Article  12(2)(b)  authorises  Member  States  to  refuse  to  renew,  or  to  withdraw,  a  student 
residence  permit  if  the  student  does  not  make  sufficient  progress  in  his/her  studies.  This 
provision has been explicitly transposed by twelve Member States.14 In some other Member 
States, the same result is achieved in practice through the de-registration of under-performing 

12 AT, BE, BG, CZ, FR, HU, LV, LT, NL, PT, RO, SI and SE do not apply Article 8 (1) (b) and AT, BE, CZ, 
EE, ES, FR, HU, LT, NL, PL, RO, SI and SE do not apply Article 8 (1) (c)). 
13 BE, CY, CZ, DE, EE, EL, FR, LT, LU, NL, PT, SI and SK. 
14 AT, BE, CY, DE, EL, ES, FR, LT, PL, PT, SE and SK. 

6

 
 
                                                 
students by their educational establishments. Consequently, these Member States will refuse 
the renewal of the student’s permit on the basis of Article 16, as they will no longer fulfil the 
conditions for admission. 

•  Residence permit issued to school pupils (Article 13) 

A  total  of  12  Member  States  have  included  school  pupils  in  the  scope  of  their  legislation 
implementing the Directive, and 8 of these countries (CY, CZ, EE, LV, LU, PT, SI and SK) 
have  limited  the  duration  of  the  residence  permit  to  one  year,  as  explicitly  provided  for  by 
Article 13. 

The Directive does not specifically deal with the overall duration of a pupil’s stay, but some 
Member  States  (ES,  HU,  SI,  PT  and  RO)  have  indicated  that  they  allow  pupils  to  stay  for 
longer than one year.  

•  Residence permit issued to unremunerated trainees (Article 14) 

There are 12 Member States which have included unremunerated trainees in the scope of their 
legislation, and 6 of these countries (CY, CZ, LU, PT, RO and SI) have limited the duration 
of  the  residence  permit  to  one  year,  renewable  in  exceptional  cases,  as  provided  for  by  the 
Directive.  Limits  on  the  duration  of  the  residence  permits  exist  in  FR  where  vocational 
trainees can stay for a maximum period of six months and in RO where the extension of the 
residence permit cannot exceed six months. Provisions on this point are not clear in BG and 
IT. 

By contrast, EE, ES and SK take a more flexible approach than provided for in the Directive: 
they  allow  a  longer  stay  (up  to  three  years  in  SK),  depending  on  the  duration  of  the 
programme, without referring to exceptional cases. 

•  Residence permit issued to volunteers (Article 15) 

A total of 12 Member States have included volunteers  in  the scope of their  legislation. The 
legislation  in  8  of  these  countries  (CY,  EL,  IT,  LU,  PT,  RO,  SI,  and  SK)  states  that  a 
residence  permit  will  be  issued  to  volunteers  for  a  period  of  up  to  one  year  unless,  in 
exceptional cases, the volunteering programme lasts longer — in which case the permit will 
be issued for the duration of the programme. This is in line with Article 15 of the Directive. 

HU does not provide for any derogation from the one-year rule.  

On the contrary, EE, ES and CZ apply more flexible rules, according to which the duration of 
the residence permit must correspond to the duration of the volunteering programme. 

3.6. Withdrawal or non-renewal of residence permits (Article 16) 

In contrast to Article 12, which provides for grounds for refusal and withdrawal exclusively as 
regards students, Article 16 applies to all categories of third-country nationals covered by the 
Directive.  It  lays  down  the  three  possible  grounds  for  refusing  or  withdrawing  a  residence 
permit issued on the basis of the Directive: in case of fraud; when the holder does not meet or 
no  longer  meets  the  conditions  for  entry  and  residence;  for  reasons  of  public  policy,  public 
security or public health. No issues of transposition arise in this area.  

3.7. Economic activities by students (Article 17) 

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All  Member  States  have  granted  students  the  right  to  employment,  in  line  with  Article  17 
stating that ‘outside their study time (…) students shall be entitled to be employed’. However, 
only 12 Member States decided to grant the right to self-employment (AT, BE, CZ, DE, EE, 
ES, HU, IT, LT, LV, PL and SE). 

Under  Article  17  (1),  Member  States  may  take  into  account  the  situation  of  their  labour 
markets, and CY, MT and RO make use of this possibility. In addition, NL, DE and AT apply 
a  labour  market  test  when  the  working  hours  exceed  a  certain  threshold.15  However,  the 
conformity of Member States’ laws with Directive 2004/114 on this point needs to be closely 
examined.  Third-country  national  students  should  not  be  treated  as  normal  workers.  Their 
access to employment is already limited in terms of working hours, and if the labour market 
situation is invoked in a systematic way this may in practice exclude students from the labour 
market altogether. This would undermine the purpose of the Directive (see Recital 18)16. 

A prior authorisation, typically a work permit, must be applied for separately in AT, BE, BG, 
CY, CZ, EE, EL, ES, LT, MT, NL, RO and SI, as allowed by Article 17 (1). 

Under Article 17(2), many Member States have set a maximum number of working hours 
per week or days per month/year that students can work, ranging from 10 hours (which is the 
minimum time required by the Directive) to 30 hours per week. CZ, EE, PL, PT, SK do not 
limit  the  number  of  working  hours  but  have  more  generic  restrictions  in  place,  usually 
referring  to  the  principle  that  employment  should  not  interfere  with  the  primary  purpose  of 
residence of the third-country national, namely to study. 

Four  Member  States  limit  access  to  employment  during  the  first  year  of  residence. 
Restrictions range from six months (CY) to one year (DE,17 LT, LU18 and MT), as allowed by 
Article 17(3). 

In accordance with Article 17(4), BG, CZ, DE, EE, EL, FI, FR, HU, LT, LU, NL, PT and RO 
have put in place reporting obligations. As a result of general legislation in Member States on 
immigration or employment, these obligations usually apply to the employers. 

3.8. Procedure (Article 18 and 19) 

•  Procedural guarantees and transparency (Article 18) 

Article  18  refers  to  the  procedural  guarantees  and  transparency  principles  applicable  to 
decisions on  an  application.  These include the timeframe for processing the application, the 
applicant’s right to be informed and the right to challenge the decision legally. The Directive 
covers  the  whole  process  of  admitting  third-country  national  students.  Its  provisions  on 
procedural  guarantees  and  transparency  therefore  also  apply  to  long-term  national  visas  (if 
these are required), since a visa allows a person to enter the Member State concerned and the 
prospective student must therefore apply for one when seeking to obtain a residence permit.  

In most Member States, general legislation on immigration/administrative procedures already 
provide  the  procedural  guarantees  required.  In  addition,  some  Member  States  have  put  in 

15 10 hours per week in NL; between 10 and 20 in AT, depending on the level of studies; 90 full days per year in 
DE. 
16  The  Commission  referred  the  case  of  AT  legislation  on  this  point  to  the  Court  of  Justice;  cf.  Commission 
press release IP/10/1230 of 30 September 2010. In the meantime, AT has brought its legislation in line with the 
Directive. 
17 The restriction only applies to students who attend a preparatory course. 
18 The restriction applies only to undergraduates. 

8

 
 
                                                 
place  measures  to  ensure  that  the  applicant  can  start  the  course,  training  or  programme  on 
time and to publish the processing times for applications. However, from the many complaints 
received  by  the  Commission,  it  seems  that  in  practice  procedures  are  often  long  and  the 
timeframe is unclear. The time taken to process applications ranges from 7 working days to 6 
months.19 No specific deadlines are set in BE, CY, DE, FI or SE.  

In  addition,  from  the  numerous  complaints  and  queries  brought  to  the  attention  of  the 
Commission  it  appears  that  Member  States’  visas  rules  often  nullify  the  transparency 
guarantees required by the Directive. 

Laws in BG and IT appear to make no reference to Article 18(3) on notification procedures 
or Article 18(4) giving the applicant the right to legally challenge a rejection. 

•  Fast-track procedure for issuing residence permits or visas to students and school 

pupils (Article 19) 

Article 19 of the Directive provides for the establishment of a fast-track admission procedure 
agreed  between  the  Member  States’  authorities  and  their  higher  education  establishments. 
This provision has been transposed by FR, EL, NL and PL.  

3.9 Fees (Article 20) 

The legislation of 19 Member States20 includes the payment of fees, which range from € 23 in 
MT to € 433 in NL. Although the Directive explici tly allows Member States to set fees, this 
does  not  amount  to  a  blank  cheque.  Fees  cannot  be  set  for  purposes  other  than  funding  the 
processing of the application, as stated in Article 19, and they must not be set at a level which 
could  make  the  Directive  ineffective.  In  this  regard,  high  fees  such  as  those  applied  in  NL 
raise transposition issues. 

3.10. Further rights (Article 24) 

Article 24 states that Member States are free to grant further rights to third-country national 
students,  beyond  those  provided  for  in  the  Directive,  whatever  their  duration  of  stay  in  the 
host  Member  State.  Accordingly,  law  in  LT  states  that  the  acquisition of  other  rights  is  not 
subject  to  the  student’s  time  of  residence  in  the  country;  PT  states  that  it  grants  the  same 
economic, social and civil rights to third-country national students as to nationals; ES reports 
that it gives them social security rights under the same conditions as Spanish nationals.  

IV.   CONCLUSIONS 

Attracting  third  country  national  students  to  the  EU  is  a  fundamental  objective  of  EU 
immigration  policy,  stressed  again  under  the  Stockholm  Programme.  In  2009,  more  than 
200 000  third  country  nationals  entered  the  EU21  for  the  purpose  of  this  Directive.  The 

19 The periods are 7 days in ES, 15 working days in HU, 30 days in LV, 2.5 months in PL, RO, SI and SK; 2 
months in CZ, EL, PT, EE; 3 months in LU; 4 months in FR. 
20 AT, BE, BG, CY, CZ, DE, EE, EL, ES, FI, FR, HU, IT, LV, PL, PT, SE, SI and SK. 
21 The data covers only 24 Member States which are bound by the Directive. In nominal value, the countries 
receiving  the  highest  number  of  third  country  nationals  for  the  purpose  of  education  and  studies  in  2009  are 
France (53 563), Italy (32 634), Germany (31 345), Spain (22 068) and Sweden (13 968). On average, the vast 
majority  of residence permits  issued  in  the Member  States  for  the  purpose  of  the Directive  concerns  students.  
Source: Eurostat. 

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Directive  is  key  to  contributing  to  mutual  enrichment  for  the  migrants  concerned,  their 
country of origin and the host Member State.  

Member  States  are  placing  increased  emphasis  on  the  internationalisation  of  their  national 
education  and  training  systems,  as  reflected  in  their  strategies  and  investment  in  new 
instruments, such as new mobility programmes, policy dialogues with third countries and new 
forms  of  academic  cooperation.  Secondly,  Member  States  have  strengthened  their  focus  on 
promotion and marketing activities, thus reflecting the growing awareness of the competitive 
international education market.  

There  are  also  parallel  external  actions  carried  out  by  the  EU,  which  focus  on  promotion, 
financial  support  or  policy  dialogues  on  the  mobility  of  third  country  nationals,  and  in 
particular students. Besides creating opportunities for migrants themselves, the inclusion of an 
international  dimension  in  different  facets  and  stages  of  education  and/or  training  brings 
substantial benefits to the EU, its citizens and labour markets. Migration plays a  role in the 
context  of  globalisation  and  the  EU  needs  to  be  an  attractive  destination  for  third  country 
nationals  who  are  considering  learning,  studying,  following  a  training  course  or  doing 
voluntary service abroad.  

However,  the  report  suggests  that  the  potential  of  this  EU  instrument  is  not  being  fully 
exploited. In particular, the level of harmonisation achieved by the Directive, adopted under 
the  unanimity  rule,  is  rather  weak,  since  only  a  few  provisions  of  the  Directive  are  legally 
binding and many provisions do not contain specific obligations for Member States.  

V. 

STEPS TO BE TAKEN 

In order to ensure that the Directive is correctly transposed and implemented across the EU, 
the  Commission  will  use  fully  its  powers  under  the  Treaty  and  launch  infringement 
proceedings when necessary.  

The Commission will also continue working at technical level with the Member States. The 
relevant Contact Committee will continue to identify difficulties and facilitate an exchange of 
views on the interpretation of the Directive. Some legal and technical issues could be further 
discussed  and  clarified,  such  as  more  favourable  provisions;  sickness  insurance;  publication 
of information relating to students; mobility of students.  

The Commission intends to offer information and assistance to both Member States and third-
country nationals, making the best use of the internet, mainly through the future Immigration 
Portal. 

Even though the priority is to ensure that the Directive is effectively implemented by Member 
States,  the  report  also  reveals  a  crucial  need  for  amendments  to  the  Directive,  especially  as 
regards the following: reinforcement of procedural guarantees (specific deadlines for handling 
applications,  obligation  on  Member  States  to  give  reasons  for  refusals);  strengthening  of 
mobility  clauses;  stimulation  of  synergies  with  EU  programmes  that  facilitate  third  country 
nationals'  mobility  into  the  EU;  improvement  of  the  level  of  harmonisation  as  regards 
volunteers,  unremunerated  trainees  and  school  pupils,  with  a  view  to  advancing  the 
development of an overall EU legal framework in the area of education, training and cultural 
exchanges with third countries. 

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Finally, allowing third-country nationals to acquire skills and knowledge through a period of 
training  in  Europe  encourages  “brain  circulation”  and  supports  cooperation  with  third 
countries in the field of human capital and employment, which benefits both the sending and 
the  receiving  countries.  Therefore,  without  impinging  on  the  power  of  Member  States  to 
determine  the  volumes  of  migrants,  the  issue  of  access  to  work  for  third-country  national 
students  at  the  end  of  the  studies  could  be  specifically  addressed,  as  this  seems  to  be  a 
decisive  factor  in  students'  choice  of  a  destination  country  and  an  issue  of  common  interest    
in  the  context  of  a  declining  working-age  population  and  a  global  need  for  highly-qualified 
workers. 

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