Proposal for a Directive of the European Parliament and of the Council on the conditions of entry and residence of third-country nationals for the purposes of research, studies, pupil exchange, remunerated and unremunerated training, voluntary service and au pairing [Recast] [First reading] - Approval of negotiation mandate - Main contents
| Document date | 09-12-2014 |
|---|---|
| Publication date | 11-12-2014 |
| Reference | 16512/14 |
| From | General Secretariat of the Council |
| External link | original article |
| Original document in PDF |  |
Council of the European Union Brussels, 9 December 2014 (OR. en)
16512/14 Interinstitutional File:
MIGR 161 RECH 471 EDUC 344 CODEC 2435 SOC 856
NOTE
From: General Secretariat of the Council
To: Delegations
No. Cion doc.: 7869/13 MIGR 27 RECH 87 EDUC 97 CODEC 669
Subject: Proposal for a Directive of the European Parliament and of the Council on the conditions of entry and residence of third-country nationals for the
purposes of research, studies, pupil exchange, remunerated and unremunerated training, voluntary service and au pairing [Recast] [First reading] - Approval of negotiation mandate
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1.On 26 March 2013, the Commission submitted a proposal for a Directive on the conditions for entry and residence for the purposes of research, studies, pupil exchange, remunerated and unremunerated training, voluntary service and au pairing. The proposal amends and recasts Directive 2004/114/EC i of 13 December 2004 on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service and Directive 2005/71/EC i on the conditions of admission of third-country nationals for the purposes of scientific research. Its objective is to improve the legal framework
applicable to the categories of third-country nationals covered by the two above mentioned directives as well as to extend the scope of the directive to two new categories of thirdcountry nationals: remunerated trainees and au pairs.
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2.The European Parliament voted its first reading position on 25 February 2014 which serves as a mandate for the negotiations with the Council.
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3.The Working Party on Integration, Migration and Expulsion started discussing the proposal in April 2013. Issues that raised most concerns among delegations related to the scope of the
Directive, the intra-EU mobility of the categories of third-country nationals concerned and the
rights granted to third-country national under this Directive. On 12 November 2014, the
Permanent Representatives Committee discussed a central outstanding issue concerning the
scope of the Directive. The Presidency held a series of bilateral meetings thereafter to solve
this and other outstanding issues. The JHA Counsellors discussed the proposal on 17
November and 2 December in order to finalise the compromise text suggested by the
Presidency. The result of these examinations with delegations' comments in the footnotes is
set out in document 16343/14. As a result of these discussions, the Presidency has prepared a
compromise text which is reflected in the Annex to this Note. Changes to the previous text in
document 16343/14 are indicated with […] .
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4.The Permanent Representatives Committee is asked to:
– agree on the text in Annex I that could serve as a mandate for the Presidency for engaging in negotiations with the representatives of the European Parliament, in order to reach a second reading agreement with the European Parliament on this proposal as soon as possible;
– to inscribe the statement of Belgium and Portugal, as it appears in Annex II, in the minutes of its meeting.
_____________
ANNEX
For the convenience of delegations, this is a list of the provisions that have been subject to changes:
Article 21(1) 2004/114/EC, 2005/71/EC (adapted) new Council
Proposal for a
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
on the conditions of admission entry and residence of third-country nationals for the purposes of research, studies, pupil exchange, remunerated and unremunerated
training or, voluntary service and au pairing
on a specific procedure for admitting third-country nationals for the purposes of scientific research
[RECAST]
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union establishing the
European Community, and in particular points (3) (a) and (b) (4)(b)of the first subparagraph of Article 63 79(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national Parliaments,
Having regard to the Opinion of the European Economic and Social Committee,
Having regard to the Opinion of the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure,
Whereas:
new Council
(1) A number of amendements are to be made to Council Directive 2004/114/EC i of 13
December 2004 on the conditions of admission of third-country nationals for the purposes of
studies, pupil exchange, unremunerated training or voluntary service 1 and Council Directive
2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country
nationals for the purposes of scientific research 2 . In the interests of clarity, those Directives
should be recast.
1 OJ L 375, 23.12.2004, p. 12.
16512/14 AP/pf 5 (2) This Directive should respond to the need identified in the implementation reports of the two
Directives 3 to remedy the identified weaknesses, and to offer a coherent legal framework for
different groups coming to the Union from third countries. It should therefore simplify and streamline the existing provisions for the different groups in a single instrument. Despite differences between the groups covered by this Directive, they also share a number of characteristics which makes it possible to address them through a common legal framework at Union level.
(3) This Directive should contribute to the Stockholm Programme's aim to approximate national legislation on the conditions for entry and residence of third-country nationals. Immigration from outside the Union is one source of highly skilled people, and in particular students and researchers are increasingly sought after. They play an important role to form the Union's
key asset – human capital - in ensuring smart, sustainable and inclusive growth, and
therefore contribute to the achievement of the objectives of the Europe 2020 Strategy.
(4) The […] implementation reports of the two Directives […] pointed out certain insufficiencies of the two instruments in relation mainly with the admission
conditions, rights, procedural safeguards, students' access to the labour market during studies, intra-Union mobility provisions […] […] Also specific improvements were considered necessary regarding the optional categories of third-country nationals. . Subsequent wider consultations have also pointed […] out the need for better job-seeking possibilities for researchers and students […] .
16512/14 AP/pf 6 2004/114/EC recital 1
(5) For the gradual establishment of an area of freedom, security and justice, the Treaty provides for measures to be adopted in the fields of asylum, immigration and the protection of the rights of third-country nationals.
2004/114/EC recital 2 (adapted)
The Treaty provides that the Council is to adopt measures on immigration policy relating to conditions of entry and residence, and standards on procedures for the issue by Member States of long-term visas and residence permits.
2004/114/EC recital 3 (adapted)
At its special meeting at Tampere on 15 and 16 October 1999, the European Council acknowledged the need for approximation of national legislation on the conditions for admission and residence of third-country nationals and asked the Council to rapidly adopt decisions on the basis of proposals by the Commission.
new
(6) This Directive should also aim at fostering people-to-people contacts and mobility, as important elements of the Union’s external policy, notably vis-à-vis the countries of the European Neighbourhood Policy or the Union’s strategic partners. It should allow for a better contribution to the Global Approach to Migration and Mobility and its Mobility Partnerships which offer a concrete framework for dialogue and cooperation between the Member States and third countries, including in facilitating and organising legal migration.
2004/114/EC recital 6 (adapted)
One of the objectives of Community action in the field of education is to promote Europe as a whole as a world centre of excellence for studies and vocational training. Promoting the mobility of third-country nationals to the Community for the purpose of studies is a key factor in that strategy. The approximation of the Member States' national legislation on conditions of entry and residence is part of this.
2004/114/EC recital 7 (adapted) new
(7) Migration for the purposes set out in this Directive is by definition temporary and does not depend on the labour-market situation in the host country,. should promote the generation and acquisition of knowledge and skills. It constitutes a form of mutual
enrichment for the migrants concerned, their country of origin and the host Member State and helps to promote better familiarity among cultures.
new
(8) This Directive should promote the Union as an attractive location for research and innovation and advance the Union in the global competition for talent. Opening the Union up to third-country nationals who may be admitted for the purposes of research is also part of the Innovation Union flagship initiative. Creating an open labour market for Union researchers and for researchers from third countries was also affirmed as a key aim of the European Research Area (ERA), a unified area, in which researchers, scientific knowldedge and technology circulate freely.
2005/71/EC recital 5 (adapted)
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.
2004/114/EC recital 9 (adapted)
The new Community rules are based on definitions of student, trainee, educational establishment and volunteer already in use in Community law, in particular in the various Community programmes to promote the mobility of the relevant persons (Socrates, European Voluntary Service etc.).
2004/114/EC recital 11
Third-country nationals who fall into the categories of unremunerated trainees and volunteers and who are considered, by virtue of their activities or the kind of compensation or remuneration received, as workers under national legislation are not covered by this Directive. The admission of third-country nationals who intend to carry out specialisation studies in the field of medicine should be determined by the Member States.
2005/71/EC recitals 11, 13 and 14 (adapted) new Council
(9) It is appropriate to facilitate the admission of researchers by establishing through
[…] a fast track 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 […] […] an authorisation . Member States could apply similar rules for third-country nationals requesting admission for the purposes of teaching in a higher education establishment in accordance with national legislation or administrative practice, in the context of a research project. The This specific admission procedure for researchers should be based on collaboration between the research organisations and the immigration authorities in the Member States. It should give 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 Union while preserving Member States’ prerogatives with respect to immigration policing policy . Research organisations , which may be approved in advance by the Member States, should be able to sign either a hosting agreement or a contract with a third-country national for the purposes of carrying out a research […] activity . Member States should issue a residence permit an authorisation on the basis of the hosting agreement or the contract if the conditions for entry and residence are met.
( […] 9a ) Member States should have the possibility to apply, in addition to the general procedures of admission of […] school pupils, […] unremunerated
trainees […] or volunteers […] , a fast track procedure, when these categories of third-country nationals are recruited by an approved host entity […] for the purposes of entry to the first Member State or, in the case of unremunerated […] trainees, when they are recruited by an approved host entity or fall within an approved training programme.
(9b) Member States should have the possibility to provide for an approval procedure for higher education institutions wishing to host a third-country national student. Applications to
approved higher education institutions should be facilitated and speed up the entry and residence of third-country national students in the Union. Member States making use of the approval procedure should ensure that higher education institutions have access to clear and transparent information on the conditions and criteria for approval as well as on the consequences of non-compliance. As the approval system is aimed at facilitating procedures, in order not to put at a disadvantage students who have applied to a higher education institution whose approval has been withdrawn pending a decision on their application, such students should be able to introduce a new application.
( […] 9bbis ) Member States should have the right to […] provide for an approval procedure for respective entities to host pupils, […] unremunerated trainees
[…] or volunteers […] . Member States would have the possibility to apply this procedure to some or all of the categories of the host entities. This approval should be in accordance with the procedures set out in the national law or administrative practice of the Member State concerned […] . 2005/71/EC recital 9 (adapted) Council
(10) As the effort to be made to achieve the said 3 % target of investing 3 % of GDP in research largely concerns the private sector, […] it […] should be encouraged therefore , where appropriate, to recruit more researchers in the years to come […] .
2005/71/EC recital 15 (adapted) new Council
(11) In order to make the Community Union more attractive to for third-country national researchers, family members of researchers, as defined in Council
Directive 2003/86/EC i of 22 September 2003 on the right to family reunification 4 , 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 possibility to teach in higher education establishments should be […] allowed to accompany them, […] benefit from intra-Union mobility provisions and […] have access to the labour market . With the exception of derogations provided for in this Directive, all the provisions of Directive 2003/86/EC i of 22 September 2003 should apply, including grounds for rejection or withdrawal or refusal of renewal. Consequently, authorisations for family members could be withdrawn or their renewal refused, if the authorisation for the researcher they are accompanying comes to an end and they do not enjoy any autonomous right of residence.
16512/14 AP/pf 13 new
Council
(12) […]
2005/71/EC recital 6 (adapted)
(13) Implementation of this Directive should not encourage a brain drain from emerging or developing countries. Back-upMeasures to support researchers’ reintegration into their countries of origin as well as the movement of researchers should be taken in partnership with the countries of origin with a view to establishing a comprehensive migration policy.
new Council
(14) In order to promote Europe as a whole as a world centre of excellence for studies and training, the conditions for entry and residence of those who wish to come to the Union for these purposes should be improved. This is in line with the objectives of the Agenda for the
modernisation of Europe's higher education systems 5 , in particular within the context of the
internationalisation of European higher education. The approximation of the Member States' relevant national legislation is part of this endeavour. In this context and in line with the
Council conclusions on the modernisation of higher education 6 , the term "higher education"
encompasses all tertiary institutions […] which may include, inter alia, universities, universities of applied science, institutes of technology, grandes écoles, business schools, engineering schools, IUT, colleges of higher education, professional schools, polytechnics, academies.
16512/14 AP/pf 14 new
Council
(15) The extension and deepening of the Bologna process launched through the Bologna
Joint Declaration of the European Ministers of Education of 19 June 1999 […] has led to […] more comparable, compatible and coherent systems of higher education in participating countries but also beyond them. This is because national authorities have supported the mobility of students and […] researchers , and higher education […] institutions have integrated it in their curricula. This needs to be reflected through improved intra-Union mobility provisions for students. Making European higher education attractive and competitive is one of the objectives of the Bologna declaration. The Bologna process led to the establishment of the European Higher Education Area. […] Its three-cycle structure with easily readable programmes and degrees as well as the introduction of qualifications frameworks have made it more attractive for students who are third-country nationals to study in Europe.
2004/114/EC recital 10
(16) The duration and other conditions of preparatory courses for students covered by this
Directive should be determined by Member States in accordance with their national legislation.
2004/114/EC recital 12 Council
(17) Evidence of acceptance of a student by a […] higher education institution
[…] could include, among other possibilities, a letter or certificate confirming his/her enrolment.
2004/114/EC recital 13 new Council
(18) […] If the third-country national concerned can prove that he/she is in receipt of […] resources throughout the period of his/her stay in the respective Member State that derive from a grant, a fellowship or a scholarship, […] […] , a firm offer of work or a financial undertaking by a pupil exchange scheme organisation or a voluntary service scheme organisation, Member States may should […] take
them into account in assessing the availability of sufficient resources. Member States could lay down a reference amount which they regard as constituting “sufficient resources”
that might vary for each one of the respective categories of third-country nationals, while , where applicable, taking into account the level of minimum national wages, and […] the number of family members. new Council
(19) [ […] Member States should have […] discretion on whether or not to apply this Directive […] to school pupils, […] volunteers […] and
[…] unremunerated trainees […] , […] in order to facilitate their entry and residence and ensure their rights. […] ]
(19a) As far as volunteers are concerned, Member States are […] encouraged to apply the Directive, in particular to cover volunteers coming to the European Union in the framework of European Voluntary […] Service […] .
(19b) If they decide to apply this Directive to school pupils, Member States are encouraged to ensure that the national admission procedure for teachers exclusively accompanying
pupils within the framework of a pupil exchange scheme or an educational project, is
coherent with the provisions contained in this Directive that concern school pupils.
(19c) […]
(20) […]
(21) […]
(22) Once all the general and specific conditions for admission are fulfilled, Member States should issue an authorisation, […] within specified time limits. If a Member State only issues a residence permit on its territory […] and all the conditions of this Directive relating to admission are fulfilled, the Member State should grant the third-country national concerned every facility to obtain the requisite visa or equivalent permit […] allowing entry .
(23) Authorisations should mention the status of the third-country national concerned […] . Member States may indicate additional information including […] relevant
information on EU […] or multilateral programmes that comprise mobility measures in paper format or electronically, provided this does not amount to additional conditions.
(24) The different periods of duration regarding authorisations under this Directive should reflect the specific nature of the stay of each […] category .
(24a) Member States should have the right to determine that the total duration of residence of students does not exceed the maximum duration of studies, as defined in national law. In this respect, the maximum duration of studies […] could also include, if so
provided by the national law of the Member State concerned, the possible extension of studies for the purpose of repeating one or more years of studies.
(24bis) When deciding the period of validity of the authorisation issued to researchers and students, Member States should take into account the planned mobility into other Member States, in accordance with Articles 26A, 26B and 26C.
(25) Member States may charge applicants for […] handling applications for authorisations and notifications . The […] level of the fees […] should not be disproportionate or excessive .
(26) The rights granted to third-country nationals […] falling under the scope of this
Directive should not depend on […] the form of the authorisation each Member State grants […] .
2004/114/EC recital 8 Council
(27) […]
2004/114/EC recital 14 (adapted) new Council
(28) It should be possible to refuse admission for the purposes of this Directive
[…] on duly justified grounds. In particular, […] it should be possible to refuse admission if a Member State considers , […] on the basis of an assessment of the facts, in an individual case, that the third-country national concerned is a potential threat to public policy or, public security or public health . Before taking a decision to reject an application or withdraw or non-renew an authorisation, the Member States concerned should take account of the specific circumstances of the case and respect the principle of proportionality. The notion of public policy may cover a conviction for committing a serious crime. In this context it has to be noted that the notions of public policy and public security also cover cases in which a third-country national belongs or has belonged to an association which supports terrorism, supports or has supported such an association, or has or has had extremist aspirations.
(28a) The objective of this Directive is not to regulate the admission and stay of thirdcountry nationals for the purposes of employment and it does not aim to harmonise national laws or practices of Member States with the respect to workers' status. It is possible,
nevertheless, that in some Member States specific categories of third-country nationals defined in this Directive are considered to be in an employment relationship on the basis of national law or practice.
Where a Member State considers third-country national researchers, volunteers or unremunerated […] trainees to be in an employment relationship […] , that Member State should retain the right to regulate the volumes of admission of the category or categories concerned on its territory.
In addition, in case a third-country national researcher, volunteer or unremunerated […] trainee applies to be admitted to enter into an […] employment relationship […] in a Member State, that Member State should have also the possibility to apply a test demonstrating that the post cannot be filled from within the domestic labour market.
In case, after having been admitted to the territory of the Member State concerned, a thirdcountry national researcher, volunteer or unremunerated […] trainee applies to renew his or her authorisation to enter into or continue to be in an […] employment relationship in a Member State, that Member State should have the possibility to apply a test demonstrating that the post cannot be filled from within the domestic labour market.
(28b) As regards students, volumes of admission should not apply since, even if they might be allowed to work during their studies in accordance with the conditions provided for in
this Directive, they seek admission to the territory of the Member States to pursue as their main activity a full-time course of study which may encompass a compulsory training foreseen in the course of study. If a student exercises an economic activity, during his or her studies, in accordance with the conditions provided for in this Directive, Member States should have the possibility to apply a test demonstrating that the post cannot be filled from within the domestic labour market. 2004/114/EC recital 15 (adapted) Council
(29) In case of doubts concerning the grounds of the application of for admission,
Member States should be able to […] carry out appropriate checks or require evidence in order to assess […] the applicant's intended research, studies, […] unremunerated training , volunteer activity […] or pupil exchange […] and fight against abuse and misuse of the procedure set out in this Directive.
new Council
(30) National authorities should […] notify to third-country nationals who apply for admission to the Member States under this Directive and/or their respective host
entities […] the decision on the application. They should do so in writing as soon as possible and, at the latest within […] the period specified in this Directive .
2004/114/EC recital 16 Council
(31) […] This Directive aims to facilitate intra-EU mobility of researchers […] and students […] inter alia by reducing the administrative burden […] related to their activities as well as the administrative procedures for their movement in several Member
States. For this purpose, this Directive sets up a specific intra-EU mobility scheme whereby […] a third-country national who holds an authorisation for the purpose of research or studies issued by the first Member State might enter, stay and carry out part of his/her research or studies in one or several second Member States […] in accordance with the provisions governing mobility under this Directive. […] […] […] In order to enable researchers to move easily from one research organisation to another for purposes linked to their research activities, their short-term mobility […] […] should cover stays in […] second Member States for a period of up to […] […] 90 days in […] any […] 180-day period per Member State. Long-term mobility for researchers should cover stays in […] one or several second Member States for a period of more than […] 90 days per Member State.
[…] As regards students, in order to ensure continuity of studies during a whole semester, this Directive should […] provide for mobility in one or several second Member States for a period of up to 180 days in any 360-day period per Member State. This period should be up to 360 days per Member State in cases where the mobility takes place in the framework of EU or multilateral programmes or an agreement between two or more recognised higher education institutions. […] […] […] […] […] […] […]
[…]
[…]
(31a) […] While the specific mobility scheme established by this Directive should set up autonomous rules regarding entry and stay for the purpose of research or studies in Member States other than the one that issued the initial authorisation, all the other rules
governing the movement of persons across borders as laid down in the relevant provisions of
the Schengen acquis should continue to apply.
(31aa) The rules contained in the Schengen acquis governing the movement of persons across borders apply to researchers' family members accompanying researchers in the
framework of short-term mobility. Member States not applying the Schengen acquis in full could provide for in national law a facilitation for family members regarding their entry and stay when accompanying researchers exercising their right to short-term mobility.
(31b) Where the authorisation is issued by a Member State not applying the Schengen acquis in full and the researcher or his/her family members or the student, in the framework of intra-EU mobility, crosses an external border within the meaning of Regulation (EC) No 562/2006 i of the European Parliament and of the Council a Member State should be entitled to require evidence proving that the researcher or the student is moving to its territory for the purpose of research or studies or that the family members […] are moving to its territory for the purpose of accompanying or joining the researcher in the framework of long-term mobility. Besides, in case of crossing of an external border within the meaning of Regulation (EC) No 562/2006 i, the Members States applying the Schengen acquis in full should consult the Schengen information system and should refuse entry or object to the mobility for persons for whom an alert for the purposes of refusing entry or stay, as referred to in Regulation (EC) No 1987/2006 i of the European Parliament and of the Council has been issued in that system.
(31c) This Directive should allow second Member States to request that researchers
[…] , who move on the basis of an authorisation issued by the first Member State and do not or no longer fulfil the conditions for mobility, leave their territory. Where the researcher […] has a valid authorisation issued by the first Member State, the second Member State should be able to request him/her to go back to the first Member State, in accordance with Directive 2008/115/EC i. Where the […] mobility is allowed by the Second Member State on the basis of the authorisation issued by the first Member State and that authorisation is withdrawn or has expired during the period of mobility […] , the second Member State may either decide to return the […] researcher to a third country, in accordance with Directive 2008/115/EC i, or request without delay the first Member State to allow re-entry of the researcher or student to its territory. In this latter case, the first Member State should issue him/her […] a document allowing re-entry to its territory.
new Council
(32) Union immigration policies and […] rules, on the one hand, and […]
EU […] […] policies and programmes favouring mobility of researchers and
students at EU level, on the other hand, should complement each other more. […]
Researchers and students covered by […] multilateral programmes that comrpise
mobility measures and agreements between two or more recognised higher education
institutions should be entitled to […] receive authorisations covering at least two
years […] […] , without prejudice to mobility rules, […] provided that
[…] they fulfil the relevant admission conditions for […] that period .
[…]
2004/114/EC recital 18 (adapted)
new
Council
(33) In order to allow […] students who are third-country nationals to
[…] cover part of the cost of their studies and, if possible, to gain practical experience , they should be given […] , during their studies, access to the labour market of the Member State where the studies are undertaken, under the conditions set out in this Directive. […] A […] certain minimum amount of hours as specified in this Directive should be granted for this purpose . The principle of access for students to the labour market under the conditions set out in this Directive should be a general rule. However, […] Member States should be able to take into account the situation of their national labour markets […] .
(33a) In case of mobility the second Member States should be able to check the amount of hours per week or days or months per year that a student has worked in the first Member
State in order to ensure that this does not exceed the maximum allowed under its national law.
[…]
new Council
(34) As part of the drive to ensure a well-qualified workforce for the future, Member States should allow students who graduate in the Union to be issued an authorisation to remain on their territory with the intention to identify work opportunities or to set up a business for […] the period specified in this Directive after expiry of the initial authorisation for admission . They should also allow researchers to do so upon
completion of their research […] activity as defined in the hosting agreement. In order to be issued the requested authorisation, they may be […] asked to provide evidence in accordance with […] the requirements of this Directive. Member States should be able to check, after a minimum time period established in this Directive, if they have a genuine chance of being employed or of launching a business. This possibility is without prejudice to other reporting obligations established in national law for other purposes. The authorisation issued for the purpose of identifying work opportunities or setting up a business should not […] grant any automatic right of access to the labour market or to set up a business . Member States should retain their […] right to take into consideration the situation of their labour market when the third-country national, who was issued an authorisation to remain on the territory for the purposes of job searching or to set up a business, applies for a work permit to fill a […] […] post .
(34a) […]
(35) […]
(36) To make the Union more attractive for third-country national researchers, students, pupils, […] unremunerated trainees and volunteers […] , it is important to ensure their fair treatment in accordance with Article 79 of the Treaty. […] Students , trainees and volunteers should continue to be covered by Directive 2011/98 i/EU of the European Parliament and of the Council of 13 December 2011 on a single application
procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in
a Member State 7 , when they fall under the definition of a "third-country worker" as
established by Directive 2011/98 i/EU. The possible exceptions that apply under that Directive should also continue to apply. In addition, independently on whether students, trainees and volunteers fall under the definition of a "third-country worker" as established by Directive 2011/98 i/EU, they, as well as school pupils, should enjoy equal treatment rights with nationals of the host Member State as regards access to goods and services and the supply of goods and services made available to the public as well as, where applicable, in relation to recognition of diplomas, certificates and other professional qualifications in accordance with the relevant national procedures and insofar as it is necessary to pursue the objectives set forth in this Directive . Access to goods and services do not include study or vocational grants or loans. […] […] Researchers should enjoy equal treatment with nationals of the host Member State as regards all the elements of Article 12(1) of Directive 2011/98 i/EU. […] . The restrictions provided for in Article 12(2) […] of Directive 2011/98 i/EU should not apply to researchers with the exceptions
16512/14 AP/pf 27 provided for in this Directive. […] […] […] .
(36a) Equal treatment should be granted under national law in respect of those branches of social security listed in Article 3 of Regulation (EC) No 883/2004 i of the European
Parliament and of the Council. This Directive does not harmonise the social security legislation of Member States. It is limited to applying the principle of equal treatment in the field of social security to the persons falling within its scope. […] This Directive, furthermore, should not grant rights in relation to situations which lie outside the scope of Union law, such as in relation to family members residing in a third country. That should not affect, however, the right of survivors who derive rights from third country nationals falling under the scope of this Directive, where applicable, to receive survivors’ pensions when residing in a third country.
(36b) In many Member States, the right to tax financed benefits like e.g. family benefits is conditional upon a certain connection with that Member State since the benefits are designed to support e.g. a positive demographic development in order to secure the future work force in that Member State. Therefore, […] this Directive should not affect the right of a Member State to restrict equal treatment in respect of these benefits if this connection is not yet established.
(36c) In the event of mobility between Member States, Regulation (EU) No 1231/2010 i of the
European Parliament and of the Council applies. This Directive should not confer more rights than those already provided for in existing Union law in the field of social security for third-country nationals who have cross-border interests between Member States.
(36d) This Directive should be applied without prejudice to more favourable provisions contained in Union law and applicable international instruments.
2004/114/EC recital 23 Council
(37) […] The residence permits provided in this Directive shall be issued by the competent authorities of the Member State using the uniform format as laid down in
Council Regulation (EC) No 1030/2002 i of 13 June 2002 […] 8 .
2005/71/EC recital 22 (adapted)
This Directive should not affect in any circumstances the application of Council Regulation (EC)
No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for thirdcountry
nationals 9 .
2004/114/EC recital 4 (adapted) Council
(38) This Directive respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union. […] .
2005/71/EC recital 25 (adapted)
This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union.
8 OJ L 157, 15.6.2002, p. 1.
16512/14 AP/pf 29 2004/114/EC recital 5
Council
(39) 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 features, language, religion or belief, political or any other opinions, membership of a national minority, property, birth, disability, age or sexual orientation.
(39a) When laid down in national law and in accordance with the principle of nondiscrimination as set out in Article 10 of the Treaty on the Functioning of the European Union, Member States are allowed to apply more favourable treatment to nationals of specific third countries when compared to the nationals of other third countries when implementing the optional provisions of this Directive.
2005/71/EC recital 24 (adapted)
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.
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[(40) In accordance with the Joint Political Declaration of Member States and the Commission on explanatory documents of 28 September 2011, Member States have undertaken to
accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments. With regard to this Directive, the legislator considers the transmission of such documents to be justified.]
2004/114/EC recital 24 (adapted) Council
(41) Since the objective of this Directive, namely to determine the conditions of admission entry and residence of third-country nationals for the purposes of research
[…] and studies, as mandatory provisions and […] pupil exchange, unremunerated […] training or voluntary service […] […] , as optional provisions , cannot be sufficiently achieved by the Member States and can, by reason of its scale or effects, be better achieved at Community Union level, the Community Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary to achieve that objective.
2005/71/EC recital 23 (adapted)
The objectives of this Directive, 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.
2004/114/EC recital 22 (adapted) Council
(42) Each Member State should ensure that […] […] adequate, regularly updated , information is made available to the general public, notably on the Internet, […] […] concerning: […] the establishments , research organisations and institutions defined in this Directive, the conditions and procedures for admission of third-country nationals to the territory of the Member States for the purposes of this Directive. […] […]
2005/71/EC recital 10 (adapted)
Each Member State should 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 this Directive, with which researchers could conclude a hosting agreement, and on the conditions and procedures for entry and residence on its territory for the purposes of carrying out research, as adopted under this Directive.
2005/71/EC recital 28 (adapted) Council
(43) In accordance with Articles 1, 2 and Article 4a(1) of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice,
annexed to the Treaty of the European Union and the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, the United Kingdom and Ireland are not taking part in the adoption of this Directive and are not bound by it or subject to its application. […]
2005/71/EC recital 29 (adapted)
(44) 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 on the Functioning of the European Union Community, Denmark does not take part in the adoption of this
Directive, and is not bound by it or subject to its application, .
2004/114/EC recital 17 (adapted)
In order to allow initial entry into their territory, Member States should be able to issue in a timely manner a residence permit or, if they issue residence permits exclusively on their territory, a visa.
2004/114/EC recital 19 (adapted)
The notion of prior authorisation includes the granting of work permits to students who wish to exercise an economic activity.
2004/114/EC recital 20 (adapted)
This Directive does not affect national legislation in the area of part-time work.
2004/114/EC recital 21 (adapted)
Provision should be made for fast-track admission procedures for study purposes or for pupil exchange schemes operated by recognised organisations in the Member States.
2004/114/EC recital 25 (adapted)
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, these Member States are not taking part in the adoption of this Directive and are not bound by it or subject to its application.
2004/114/EC recital 26 (adapted)
In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the
Treaty on European Union and to the Treaty establishing the European Community, Denmark is not taking part in the adoption of this Directive and is not bound by it or subject to its application,
2005/71/EC recital 1 (adapted)
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.
2005/71/EC recital 2 (adapted)
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 2010.
2005/71/EC recital 3 (adapted)
The globalisation of the economy calls for greater mobility of researchers, something which was
recognised by the sixth framework programme of the European Community 10 , when it opened up
its programmes further to researchers from outside the European Union.
2005/71/EC recital 4 (adapted)
The number of researchers which the Community will need by 2010 to meet the target set by the
Barcelona European Council in March 2002 of 3 % of GDP invested in research is estimated at
700000. 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 involvement 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.
10 Decision No 1513/2002/EC of the European Parliament and of the Council of 27 June 2002
concerning 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) (OJ L 232, 29.8.2002, p. 1). Decision amended by Decision No 786/2004/EC (OJ L 138, 30.4.2004, p. 7).
2005/71/EC recital 6 (adapted)
Implementation of this Directive should not encourage 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 should be taken in partnership with the countries of origin with a view to establishing a comprehensive migration policy.
2005/71/EC recital 7 (adapted)
For the achievement of the objectives of the Lisbon process it is also important to foster the mobility within the Union of researchers who are EU citizens, and in particular researchers from the Member States which acceded in 2004, for the purpose of carrying out scientific research.
2005/71/EC recital 8 (adapted)
Given the openness imposed by changes in the world economy and the likely requirements to meet the 3 % of GDP target for investment in research, third-country researchers potentially eligible under this Directive should be defined broadly in accordance with their qualifications and the research project which they intend to carry out.
2005/71/EC recital 12 (adapted)
At the same time, the traditional avenues of admission (such as employment and traineeship) should be maintained, especially for doctoral students carrying out research as students, who should be excluded from the scope of this Directive and are covered by Council Directive 2004/114/EC i of
13 December 2004 on the conditions of admission of third-country nationals for the purposes of
studies, pupil exchange, unremunerated training or voluntary service 11 .
2005/71/EC recital 16 (adapted)
This Directive adds a very important improvement in the field of social security as the nondiscrimination principle also applies directly to persons coming to a Member State directly from a third country. Nevertheless, this Directive should not confer more rights than those already provided in existing Community legislation in the field of social security for third-country nationals who have cross-border elements between Member States. This Directive furthermore should not grant rights in relation to situations which lie outside the scope of Community legislation like for example family members residing in a third country.
16512/14 AP/pf 38 2005/71/EC recital 17 (adapted)
It is important to foster the mobility of third-country nationals admitted for the purposes of carrying out scientific research as a means of developing and consolidating contacts and networks between partners and establishing the role of the European Research Area at world level. Researchers should be able to exercise mobility under the conditions established by this Directive. The conditions for exercising mobility under this Directive should not affect the rules currently governing recognition of the validity of the travel documents.
2005/71/EC recital 18 (adapted)
Special attention should be paid to the facilitation and support of the preservation of the unity of family members of the researchers, according to the Council Recommendation of 12 October 2005 to facilitate the admission of third-country nationals to carry out scientific research in the European
Community 12 .
2005/71/EC recital 19 (adapted)
In order to preserve family unity and to enable mobility, family members should be able to join the researcher in another Member State under the conditions determined by the national law of such
Member State, including its obligations arising from bilateral or multilateral agreements.
16512/14 AP/pf 39 2005/71/EC recital 20 (adapted)
Holders of residence permits should be in principle allowed to submit an application for admission while remaining on the territory of the Member State concerned.
2005/71/EC recital 21 (adapted)
Member States should have the right to charge applicants for the processing of applications for residence permits.
2005/71/EC recital 26 (adapted)
In accordance with paragraph 34 of the Interinstitutional agreement on better law-making, Member States will be encouraged to draw up, for themselves and in the interest of the Community, their own tables, which will, as far as possible, illustrate the correlation between this Directive and the transposition measures, and to make them public.
2005/71/EC recital 27 (adapted)
In accordance with Article 3 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, Ireland has given notice by letter of 1 July 2004 of its wish to participate in the adoption and application of this Directive.
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(45) The obligation to transpose this Directive into national law should be confined to those provisions which represent a substantive amendment compared to the earlier Directives. The obligation to transpose the provisions which are unchanged arises under the earlier
Directives 2004/114/EC and 2005/71/EC .
(46) This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and the dates of application of the
Directives […] 2004/114/EC and 2005/71/EC ,
2004/114/EC (adapted) new Council
HAS ADOPTED THIS DIRECTIVE:
CHAPTER I
GENERAL PROVISIONS
Article 1
Subject matter
This Directive determines:
(a) the conditions for admission of entry to and residence as well as the rights of third-country nationals and, where applicable, of their family members […]
in the territory of the Member States for a period exceeding three months 90 days for the purposes of research , studies, and where Member States so decide, […] pupil exchange scheme or educational project , […] unremunerated training or , or voluntary service […] ;
(b) the rules concerning the procedures for admitting third-country nationals to the territory of the Member States for those purposes.
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(b) […] the conditions of entry to and residence, and the rights, of researchers and
[…] students […] , referred to in point (a), in Member States other than the Member State which first grants the third-country national an authorisation for admission on the basis of this Directive. ;
(ba) the conditions of entry to and residence, and the rights, of family members of researchers, referred to in point (a), in Member States other than the Member State which first grants the third-country national an authorisation for admission on the basis of this Directive.
(c) […]
2005/71/EC (adapted)
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 carrying out a research project under hosting agreements with research organisations.
2004/114/EC (adapted) Council
Article 2
Scope
-
1.This Directive shall apply to third-country nationals who apply to be admitted to the territory of a Member State for the purpose of research and studies […] . Member States may also decide to apply this Directive to third-country nationals who apply to be admitted for the purposes of […] a pupil exchange scheme or
educational project , […] or unremunerated training or voluntary service […] .
1bis. […]
-
2.This Directive shall not apply to third-country nationals :
(a) third-country nationals […] who seek international protection, who are beneficiaries of international protection in accordance with the Directive 2011/95 i/EU of the European Parliament and of the Council, or beneficiaries of temporary protection in accordance with the Council Directive 2001/55/EC i in a Member State. ;
(b) third-country nationals whose expulsion has been suspended for reasons of fact or of law;
(c) third-country nationals who are family members of Union citizens who have exercised their right to free movement within the Union;
(d) third-country nationals who enjoy long-term resident status in a Member State in
accordance with Council Directive 2003/109/EC i 13 […] ;
(e) […]
16512/14 AP/pf 44 new
Council
(f) who enjoy , together with their family members, and irrespective of their nationality, […] rights of free movement equivalent to those of citizens of the Union under agreements either between the Union and the Member States or between the Union and third countries;
(g) […] who come to the Union as trainee employees in the context of an intracorporate transfer under […] Directive 2014/66 i/EU […] ;
(h) who are admitted as highly qualified workers in accordance with Council Directive 2009/50/EC i.
3. This Directive shall be without prejudice to the right of Member States to issue authorisations for the purpose of research or studies, other than those regulated by this Directive, to thirdcountry
nationals who fall outside the scope of this Directive.
2004/114/EC (adapted) Council
Article 3
Definitions
For the purposes of this Directive:
(a) ‘third-country national’ means any a person who is not a citizen of the Union within the meaning of Article 1720(1) of the Treaty on the Functioning of the European Union ; 2005/71/EC (adapted)
Article 2
Definitions
For the purposes of this Directive:
(a)‘third-country national’ means any person who is not a Union citizen within the meaning of
Article 17(1) of the Treaty;
2005/71/EC Council
(b)(d) ‘researcher’ means a third-country national holding a […] doctoral degree or an appropriate higher education qualification […] giving them access to doctoral
programmes, who is selected by a research organisation for carrying out a research […]
activity for which the above qualification is normally required;
2004/114/EC
Council
(c) (b) ‘student’ means a third-country national accepted by a […] higher education
institution recognised or considered as such according to national legislation and admitted to the territory of a Member State to pursue as his/her main activity a full-time course of study leading to a higher education qualification recognised by the respective Member State, including diplomas, certificates or doctoral degrees in a […] higher education institution , which may cover a preparatory course prior to such education according to its national legislation […] and/or compulsory training foreseen in the course of study ;
(d) (c) ‘school pupil’ means a third-country national admitted to the territory of a Member State to follow a […] recognised and/or State or Regional programme of […]
secondary education equivalent to level 2 or 3 of the International Standard Classification of Education (ISCED), in the context of an exchange scheme or educational project operated by […] […] […] an education establishment in accordance with its national legislation or administrative practice;
(dbis) […]
2004/114/EC (adapted) Council
(e) (d) ‘unremunerated trainee’ means a third-country national […] admitted to the territory of a Member State for the purpose to gain knowledge, practice and […]
experience in a professional environment in accordance with the national legislation of the Member State concerned, which is related to his/her educational training or profession, for a training period without […] remuneration […] ;
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(f) […]
(g) 'volunteer' means a third-country national admitted to the territory of a Member State to participate in a […] voluntary service scheme;
2004/114/EC (adapted) Council
(h)(f) ‘voluntary service scheme’ means a programme of practical solidarity activities […] , based on a scheme recognised as such by the Member State
concerned or the Union a Community scheme, pursuing objectives of general interest for a non-profit cause , in which the activities are not remunerated, except for reimbursement of expenses and/or pocket money ; new Council
(i) […] ;
2005/71/EC Council
(j) (b) ‘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 […] ;
(k) (c) ‘research organisation’ means any public or private organisation which conducts research and which […] may have been approved for the purposes of this Directive by a Member State in accordance with the latter's legislation or administrative practice;
2004/114/EC (adapted) Council
(l) (e) ‘ education […] establishment’ means a public or private […] secondary education establishment recognised by the host Member State and/or whose courses of
study are recognised in accordance with its national legislation or administrative practice on the basis of transparent criteria and which participates in an exchange scheme or educational project for the purposes set out in this Directive;
(lbis) “educational project” means a set of educative actions developed by a Member
State’s education establishment in cooperation with similar establishments in a third country, with the purpose of sharing cultures and knowledge without necessarily requiring a mutual exchange of pupils;
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(la) ‘higher education institution’ means any type of higher education institution which, in accordance with national law or practice, offers recognised higher education degrees or other recognised tertiary level qualifications, whatever such establishments may be called, or any institution which, in accordance with national law or practice, offers vocational
education or training at tertiary level.
(lb) […]
(lc) ‘host entity’ means […] a research organisation, a higher education institution, an education establishment, an organisation responsible for a voluntary service scheme,
[…] a vocational training establishment or another entity hosting […] unremunerated trainees. Any host entity to which the third-country national is assigned for the purposes of this Directive, shall be […] […] […] located in the territory of the Member State concerned, […] irrespective of its legal form, in accordance with national law […] ;
(m) […]
(n) 'employment' means the exercise of activities covering whatever form of labour or work regulated under national law or applicable collective agreements or in accordance with established practice for […] or under the direction and /or
supervision of an employer; (o) 'first Member State' means the Member State which first grants a third-country national an
authorisation for admission on the basis of this Directive;
(p) 'second Member State' means any Member State other than the first Member State;
(q) ' […] EU […] or multilateral programmes that comprise mobility measures' mean […] programmes funded by the Union […] or by […] Member
States promoting […] mobility of third-country nationals […] in the Union or in the Member States participating in the respective programmes ;
(r) 'authorisation' means a residence permit […] or , if provided for in national law, a long-stay visa issued for the purposes of this Directive ;
(ra) ‘residence permit’ means an authorisation issued using the format laid down in Council
Regulation (EC) No 1030/2002 i of 13 June 2002 laying down a uniform format for residence permits for third-country nationals entitling its holder to stay legally on the territory of a Member State;
(s) 'long-stay visa' means an authorisation issued by a Member State as provided for in Article 18 of the Schengen Convention or issued in accordance with the national law of Member States
[…] not implementing the Schengen acquis in full .
(t) "family members" means third country nationals as defined in Article 4(1) of Directive
2003/86/EC 14
(u) […]
(v) 'employer' means any natural person or any legal entity, for or under the direction and/or supervision of whom or which the employment is undertaken;
16512/14 AP/pf 51 2004/114/EC
(g)‘residence permit’ means any authorisation issued by the authorities of a Member State allowing a third-country national to stay legally in its territory, in accordance with Article 1(2)(a) of Regulation (EC) No 1030/2002 i.
2005/71/EC (adapted)
(e)‘residence permit’ means any authorisation bearing the term ‘researcher’ issued by the authorities of a Member State allowing a third-country national to stay legally on its territory, in accordance with Article 1(2)(a) of Regulation (EC) No 1030/2002 i.
Article 3
Scope
-
1.This Directive shall apply to third-country nationals who apply to be admitted to the territory of a Member State for the purpose of carrying out a research project.
-
2.This Directive shall not apply to:
(a) third-country nationals staying in a Member State as applicants for international protection or under temporary protection schemes;
(b) third-country nationals applying to reside in a Member State as students within the meaning of Directive 2004/114/EC i in order to carry out research leading to a doctoral degree;
(c) third-country nationals whose expulsion has been suspended for reasons of fact or law;
(d) researchers seconded by a research organisation to another research organisation in another
Member State.
2005/71/EC (adapted)
Article 4
More favourable provisions
-
1.This Directive shall be without prejudice to more favourable provisions of:
(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 third countries on the
other;
(b) bilateral or multilateral agreements concluded between one or more Member States and one or more third 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.
2004/114/EC (adapted) new Council
Article 4
More favourable provisions
-
1.This Directive shall be without prejudice to more favourable provisions of:
(a) bilateral or multilateral agreements concluded between the Community Union or the Community Union and its Member States and one or more third countries; or
(b) bilateral or multilateral agreements concluded between one or more Member States and one or more third countries.
-
2.This Directive shall be without prejudice to the right of Member States to adopt or maintain provisions that are more favourable to the persons to whom it applies with respect to
Articles 9, 16, 21, 22, 23, 24, 25 and 29 […] .
CHAPTER II
CONDITIONS OF ADMISSION
2004/114/EC Council
Article 5
Principle s
-
1.The admission of a third-country national under the […] terms of this Directive shall be subject to the verification of documentary evidence […] attesting that
he/she meets the general conditions laid down in Article 6 and the specific conditions in whichever of Articles 7 to 11 […] 13 applies to the relevant category.
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2.Once all the general and specific conditions for admission are fulfilled, […] thirdcountry nationals shall be entitled to an authorisation […] . If a Member State only issues residence permits […] on its territory […] and all the admission conditions laid down in this Directive are fulfilled, the Member State concerned shall
grant […] the third-country national every facility to obtain the requisite visa
or an equivalent permit […] allowing entry to the territory of the Member State
concerned .
3. […]
2004/114/EC Council
Article 5a
Volumes of admission
This Directive shall not affect the right of a Member State to determine , in accordance with
Article 79(5) of the Treaty on the Functioning of the European Union, the volumes of admission of third-country nationals referred to in Article 2(1), with the exception of students, […] if the Member State concerned considers that they are or will be […] in an employment relationship […] […] . On this basis and for the purposes of this Directive, an application for authorisation may either be considered inadmissible or be […] rejected .
Article 6
General conditions
-
1. 1. A third-country national who applies to be admitted for the purposes set out in this
Directive shall:
(a) present a valid travel document as determined by national legislation and, if required, an application for a visa ; Member States may require the period of validity of the
travel document to cover at least the duration of the planned stay;
2004/114/EC (adapted) Council
(b) if he/she is a minor under the national legislation of the […] Member State concerned , present a parental authorisation or equivalent for the planned stay;
(c) […] present evidence of having or, if provided for in national law, having applied for sickness insurance in respect of for all risks normally covered for its own nationals in of the Member State concerned . The insurance shall be valid for the whole period of his/her stay in that Member State ;
2004/114/EC Council
(d) not be regarded as a threat to public policy, public security or public health; (e) provide proof, if the Member State so requests, that he/she has paid the fee for […] handling the application on the basis of Article 2031.
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[…] (f) provide the evidence requested by the Member State concerned that during his/her stay he/she will have sufficient resources to cover his/her subsistence and return travel costs and will not have recourse to the Member State's social assistance
system […] .
1bis. Member States may require the applicant to present the documents and information referred to […] in points (b), (c), (d), (e) and (f) of paragraph 1 in an official
language of the Member State concerned.
2. Member States may require the applicant to provide, at the latest at the time of the issuance of an […] authorisation provided for in Article 15 , the address of the third-country
national concerned in the territory of the Member State.
3. […]
4. Member States may lay down a reference amount which they regard as constituting
“sufficient resources” as referred to under paragraph (1)(f), which may take into account where applicable: the level of minimum national wages, and […] the number of family members. The assessment of the sufficient resources shall be based on an individual examination of the case. […] .
4a. […]
5. Applications from third-country nationals wishing to be admitted for the purpose set out in this directive shall be considered and examined when the third-country national concerned is residing outside the territory of the Member State to which he or she wishes to be admitted.
[…] […] […] , Member States may accept, in accordance with their national legislation, an application submitted when the third-country national concerned is already legally present in their territory.
6. Member States shall determine whether applications for authorisations , or for notifications in the case of mobility, are to be made by the third-country national and/or by the host
entity […] .
8. […]
2004/114/EC (adapted)
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2.Member States shall facilitate the admission procedure for the third-country nationals covered by Articles 7 to 11 who participate in Community programmes enhancing mobility towards or within the Community.
2005/71/EC (adapted)
CHAPTER III
ADMISSION OF RESEARCHERS
Article 7
Conditions for admission
-
1.A third-country national who applies to be admitted for the purposes set out in this Directive shall:
(a) present a valid travel document, as determined by national law. Member States may require the period of the validity of the travel document to cover at least the duration of the residence permit;
(b) present a hosting agreement signed with a research organisation in accordance with Article 6(2);
(c) where appropriate, present a statement of financial responsibility issued by the research organisation in accordance with Article 6(3); and
(d) not be considered to pose a threat to public policy, public security or public health.
Member States shall check that all the conditions referred to in points (a), (b), (c) and (d) are met.
-
2.Member States may also check the terms upon which the hosting agreement has been based and concluded.
-
3.Once the checks referred to in paragraphs 1 and 2 have been positively concluded, researchers shall be admitted on the territory of the Member States to carry out the hosting agreement.
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Article 6a
Approval of the host entity […]
-
1.Member States may decide to provide for an approval procedure for any host entity […] to which third-country nationals are assigned as […] pupils, […] unremunerated trainees […] or […] volunteers […] […] […] for the purposes of admission according to this Directive.
-
2.The approval of the host entity shall be in accordance with the procedures set out in the national law or administrative practice of the Member State […] concerned.
Article 7
Specific conditions for researchers
-
1.In addition to the general conditions laid down in Article 6, a third-country national who applies to be admitted for the purpose of […] carrying out a research activity shall […] present […] a hosting agreement or a contract […] , as provided for by national law, signed with a research organisation in accordance with Article 9 […] […] .
[…]
[…]
-
2. […] Member States may require, in accordance with national legislation, a written undertaking of the research organisation that in cases where a researcher remains illegally in the territory of the Member State concerned, the said organisation is responsible for
reimbursing the costs related to his/her stay and return incurred by public funds. The financial responsibility of the research organisation shall end at the latest six months after the termination of the hosting agreement.
In case the right of residence of the researcher is extended in accordance with the provisions of Article 24, the responsibility of the research organisation shall be limited […] until the starting date of the […] authorisation for the purposes of job searching or entrepreneurship […] . .
3. A Member State having established an approval procedure for research organisations in accordance with Article 8 […] may provide for a facilitated application procedure for researchers hosted by a research organisation approved by that Member State. This shall at least include:
-
a)exempting the applicant from presenting one or more of the documents or evidence referred to in points (c), (e), (f) of Article 6(1) and in Article 6(2) […] and/or;
-
b)a fast-track admission procedure, in accordance with paragraph 1a of Article 29.
-
3. […]
-
4. […]
-
5. […]
-
6. […]
2005/71/EC (adapted)
CHAPTER II
RESEARCH ORGANISATIONS
Article 58
Approval of research organisations
2005/71/EC Council
-
1. Member States may decide to provide for an approval procedure for public and/or private […] research organisations wishing to host a researcher under the admission
procedure laid down in this Directive […] .
-
2.The approval of the research organisations shall be in accordance with procedures set out in the national law or administrative practice of the Member States. Applications for approval by both public and private organisations shall be made in accordance with those procedures and be based on their statutory tasks or corporate purposes as appropriate and on proof that they conduct research.
The approval granted to a research organisation shall be for a minimum period of five years. In exceptional cases, Member States may grant approval for a shorter period.
2a. […]
-
3. […]
[…]
-
4. […]
2005/71/EC (adapted) Council
-
5.The competent authorities in each Member State shall publish and update regularly lists of the research organisations approved for the purposes of this Directive whenever
[…] a research organisation is enlisted or removed from the list .
2005/71/EC Council
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6.A Member State may, among other measures, refuse to renew or decide to withdraw the approval of a research organisation which no longer meets the conditions laid down in
paragraph 2, Articles 7(2) and 9(6a) […] or in cases where the approval has been fraudulently acquired or where a research organisation has signed a hosting agreement with a third-country national fraudulently or negligently. Where […] an application for renewal has been refused or where the approval has been withdrawn, the organisation concerned may be banned from reapplying for approval up to five years from the date of publication of the decision on […] non-renewal or withdrawal .
[…]
7. In cases where a Member State decides to withdraw or not to renew the approval of a research organisation, the researcher having submitted […] an application, for which a decision
is pending, to be hosted by that research organisation, […] shall have the right to
introduce a new application […] to be hosted by another research organisation.
2005/71/EC (adapted) Council
Article 69
Hosting agreement /Contract […]
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1.A research organisation wishing to host a researcher shall sign […] a hosting agreement […] with the latter. […] […] Member States may provide for in their national law that contracts containing the elements referred to in paragraph 2 and, where
applicable, paragraph 3, shall be considered equivalent to hosting agreements in the application of this Directive .
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[…]
2. […] […] The hosting agreement […] shall […] contain :
(a) the title […] or purpose of the research […] activity or the research area ;
(b) […] an undertaking by the researcher to endeavour to complete the research activity for which she or he has been admitted;
(c) an undertaking by the organisation to host the researcher for the purpose of completing the research activity;
(d) the start and end date or the estimated duration of the research […] activity ;
(dbis) information on the intended mobility in one or several second Member States if the mobility is known at the time of application in the first Member State.
3. Member States may also require the hosting agreement […] to contain:
[…] (a) information on the legal relationship between the research organisation and the researcher;
[…] (b) information on the working conditions of the researcher which shall be in accordance with the national law or applicable collective agreements or practice of
the Member States concerned .
(c) […] information on the source of financial means used for the research. 2005/71/EC
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4.Research organisations may sign hosting agreements […] only if […] […] the research […] activity has been accepted by the relevant authorities in the
organisation, after examination of:
(i) the purpose and estimated 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/her qualification in accordance with Article 3 […]
(d)(b);
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(b) during his/her stay the researcher has sufficient monthly resources to meet his/her 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 assistance system;
(c) during his/her stay the researcher has sickness insurance for all the risks normally covered for nationals of the Member State concerned;
(d) the hosting agreement specifies the legal relationship and working conditions of the researchers.
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[…]
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5.The hosting agreement with the researcher concerned […] shall automatically lapse when the researcher is not admitted or when the legal relationship between the
researcher and the research organisation is terminated.
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6.Research organisations shall promptly inform the competent authority […] of any occurrence likely to prevent implementation of the hosting agreement […] .
6a. Member States may provide that, within two months of the date of expiry of the hosting agreement concerned, the […] host entity shall provide the competent authorities designated for that purpose by the Member States with confirmation that the work has been carried out for each of the research […] activities in respect of which a hosting agreement has been signed pursuant to this Article. 6 […]
7. Member States may determine in their national legislation the consequences of the withdrawal of the approval or refusal to renew the approval for the existing hosting agreements,
concluded in accordance with this Article, as well as the consequences for the residence permits of the researchers concerned. 2004/114/EC (adapted) Council
Article 710
Specific conditions for students
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1.In addition to the general conditions laid down in Article 6, a third-country national who applies to be admitted for the purpose of study shall provide evidence :
(a) […] that he/she has have been accepted by a […] higher education institution to follow a course of study;
(b) (d) […] if the Member State so requires, that he/she has paid the fees charged by the […] higher education institution . ;
(b) provide the evidence requested by a Member State that during his/her stay he/she will have sufficient resources to cover his/her subsistence, study and return travel costs. Member States shall make public the minimum monthly resources required for the purpose of this provision, without prejudice to individual examination of each case;
(c) […] if the Member State so requires, of sufficient knowledge of the language of the course to be followed by him/her;. […] […]
(d) […] […] if the Member State so requires, […] that he/she will have sufficient resources to cover his/her study costs.
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2.Students who automatically qualify for sickness insurance in respect of for all risks normally covered for the nationals of the Member State concerned according to the criteria applied in its national system, as a result of enrolment at a […] higher education institution shall be presumed to meet the condition laid down in Article 6(1)(c).
3. A Member State having established an approval procedure for higher education institutions in accordance with Article 10a […] may provide for a facilitated application procedure for students hosted by a higher education institution approved by that Member State. This shall at least include:
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a)exempting the applicant from presenting […] one or more of the documents or evidence referred to in point (c), (e), (f) of Article 6(1), in Article 6(2) and/or in this Article and/or;
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b)a fast-track admission procedure, in accordance with paragraph 1a of Article 29.
Article 10a
Approval of higher education institutions
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1. […] Member States may […] decide to […] provide for an approval procedure for public and/or private […] higher education institutions wanting to host a student […] .
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2.The approval of […] public and/ or private higher education institutions shall be in accordance with procedures set out in the national law or administrative practice of the
Member State […] concerned […] .
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3. […] Where a Member State decides to establish an approval procedure in accordance with paragraphs 1 and 2, it shall provide clear and transparent information to higher education institutions about, inter alia, the conditions and criteria for approval, its period of validity, the consequences of non-compliance, including possible withdrawal and non-renewal, as well as on any sanction applicable.
4. In cases where a Member State decides to withdraw or not to renew the approval of a higher education institution, the student having submitted […] an application for which a decision is pending, to be hosted by that higher education institution […] shall have the right to introduce a new application to be hosted by […] another higher education institution.
Article 8
Mobility of students
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1.Without prejudice to Articles 12(2), 16 and 18(2), a third-country national who has already been admitted as a student and applies to follow in another Member State part of the studies already commenced, or to complement them with a related course of study in another Member State, shall be admitted by the latter Member State within a period that does not hamper the pursuit of the relevant studies, whilst leaving the competent authorities sufficient time to process the application, if he/she:
(a) meets the conditions laid down by Articles 6 and 7 in relation to that Member State; and
(b) has sent, with his/her application for admission, full documentary evidence of his/her academic record and evidence that the course he/she wishes to follow genuinely complements the one he/she has completed; and (c) participates in a Community or bilateral exchange programme or has been admitted as a student in a Member State for no less than two years.
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2.The requirements referred to in paragraph 1(c), shall not apply in the case where the student, in the framework of his/her programme of studies, is obliged to attend a part of his/her courses in an establishment of another Member State.
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3.The competent authorities of the first Member State shall, at the request of the competent authorities of the second Member State, provide the appropriate information in relation to the stay of the student in the territory of the first Member State.
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Article 911
Specific conditions for school pupils […]
1bis. The provisions of this Article […] shall concern pupils […] who apply to be admitted within the framework of a pupil exchange scheme or an educational project.
[…]
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1.Subject to Article 3, a A third-country national who applies to be admitted as a school pupil in a pupil exchange scheme or an educational project shall, in addition to the general conditions stipulated laid down in Article 6:
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(a) not be below the minimum […] nor above the maximum age or grade set by the Member State concerned , insofar as this has been established by the Member State . For the purpose of […] defining the grade, reference may be made by the Member States to the education levels of International Standard Classification of Education (ISCED) ;
(b) provide evidence of acceptance by an […] education establishment;
(c) provide evidence of participation in a […] recognised and/or State or Regional programme of education in the context of an […] exchange scheme or educational project […] operated by a […] host entity […] in accordance with […] Member State's national legislation or administrative practice;
(d) provide evidence that the […] host entity […] , or – as far as provided for by national law - a third party […] accepts responsibility for him/her
throughout his/her period of presence in the territory of the Member State concerned, in particular as regards […] study costs ;
(e) be accommodated throughout his/her stay by a family or a special accommodation facility within the education establishment or – as far as provided for by national law - any other facility meeting the conditions set by the Member State concerned and
selected in accordance with the rules of the pupil exchange scheme or educational project in which he/she is participating.
(f) provide evidence, if the Member State so requires, of sufficient knowledge of the language of the course to be followed by him/her. […] […]
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2.Member States may […] limit the admission of school pupils participating in an exchange scheme or educational project to nationals of third countries which offer the same possibility for their own nationals.
(2bis) […]
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Article 1012
Specific conditions for unremunerated unremunerated […] trainees
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1.Subject to Article 3, a A third-country national who applies to be admitted as an unremunerated […] trainee shall, in addition to the general conditions laid down in Article 6:
(a) have signed a […] trainee agreement, which provides for a theoretical and practical training, with a host entity. The agreement shall be […] approved, if
[…] required, by the […] […] […] competent authority […] of the Member State concerned in accordance with its national legislation or administrative practice. an unremunerated […] […] […] The agreement shall describe the training programme, including the educational objective or learning components, its duration, the placement and supervision conditions of the traineeship, the traineeship hours, the legal relationship between the trainee and the host entity. […] […] […] Member States may require the terms upon which the trainee agreement has been based and concluded to meet requirements established in national law or practice.
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(b) […] provide evidence , if the Member State so requires, that they have previous relevant education or relevant qualifications […] to benefit from the […] traineeship .
(ba) provide evidence requested by the Member State that during his/her stay he/she will have sufficient resources to cover his/her training costs ;
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(b) provide the evidence requested by a Member State that during his/her stay he/she will have sufficient resources to cover his/her subsistence, training and return travel costs. The Member States shall make public the minimum monthly resources required for the purpose of this provision, without prejudice to individual examination of each case;
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(c) provide evidence that he/she has received or will receive, if the Member State so requires, […] appropriate language training so as to acquire the knowledge needed for the purposes of the […] traineeship .
(d) provide evidence, if the Member States so required, that the host entity accepts responsibility, in particular as regards costs and accommodation for him/her throughout his/her period of stay in the territory of the Member State concerned.
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[…]
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2. […]
2bis. […] Member States may require the host entity to prove that the traineeship does not replace a job.
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Article 1113
Specific conditions for volunteers
Subject to Article 3, a 1 . A third-country national who applies to be admitted to a voluntary service scheme shall, in addition to the general conditions laid down in Article 6:
(a) not be below the minimum age nor above the maximum age set by the Member State concerned; (a) […]
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[…] (b) (b) […] provide an agreement with the […] host entity […] or, as far as provided for by national law, other
institution […] responsible in the Member State concerned for the voluntary service scheme in which he/she is participating […] . The agreement shall describe the voluntary service scheme, its duration, the placement and supervision conditions, of the voluntary service scheme, the volunteering hours, […] the obligation of the host entity […] or, as far as provided for by national law, other institution […] to cover his/her accommodation […] costs and a minimum sum of money as pocket money throughout his/her stay and, if […] provided so , the training he/she will receive to help him/her perform his/her service; Volunteers participating in […] European Voluntary Service […] shall only provide a volunteer agreement signed with the sending organisation and the host entity.
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[…] (c) (c) provide evidence that the […] host entity […] or, as far as provided for by national law, other institution […] responsible for the voluntary service scheme in which he/she is participating has subscribed to a third-party insurance policy accepting […] responsibility for him/her throughout his/her stay, in particular as regards his/her subsistence ; and accepts full responsibility for him/her throughout his/her stay, in particular as regards his/her subsistence, healthcare and return travel costs;
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(d) […] (d) provide evidence , if the host Member State […] requires […] so , that he/she has received or will receive a basic […] […] introduction to the language, history […] , political and social structures of that Member State.
Volunteers participating in […] European Voluntary Service […] shall not be required to present evidence under paragraph (c) and, where applicable, paragraph (d).
2. Member States may determine a minimum and a maximum age limit for third-country nationals who apply to be admitted to a voluntary service scheme . The minimum age shall be set at 17 years for volunteers participating in […] European Voluntary Service […] .
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Article 14
[…]
2005/71/EC
Article 9
Family members
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1.When a Member State decides to grant a residence permit to the family members of a researcher, the duration of validity of their residence permit shall be the same as that of the residence permit issued to the researcher insofar as the period of validity of their travel documents allows it. In duly justified cases, the duration of the residence permit of the family member of the researcher may be shortened.
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2.The issue of the residence permit to the family members of the researcher admitted to a Member State shall not be made dependent on the requirement of a minimum period of residence of the researcher.
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CHAPTER III
AUTHORISATIONS AND DURATION OF RESIDENCE
Article 15
Authorisations
1. When the authorisation is in form of a residence permit, under the heading […]
"remarks", in accordance with point (a) […] 7.5.-9. of the Annex to Regulation (EC) No
1030/2002, Member States shall enter "researcher", "student", […] "school pupil",
[…] "unremunerated trainee" or "volunteer" […]
2. When the authorisation is in form of a long-stay visa, Member States shall enter a reference stating that it is issued to the "researcher", "student", […] "school pupil", […]
"unremunerated trainee" or "volunteer" […] under the heading "remarks" on the visa sticker.
[…]
3. For third-country nationals, researchers and students coming to the Union in the framework of a specific EU or multilateral programme, that comprises mobility measures, or an agreement
between two or more recognised higher education institutions, the authorisation shall make a reference to that specific programme or agreement.
4. When an authorisation for researcher's long-term mobility is issued in the form of a residence permit, Member States shall enter "researcher-mobility" under the heading " […]
remarks" in accordance with point (a) […] 7.5.-9. of the Annex to Regulation (EC) 1030/2002 i. When an authorisation in the form of a long-stay visa is issued for the purpose of researcher's mobility, Member States shall enter "researcher-mobility" under the heading "remarks" on the visa sticker.
5. When an authorisation in the form of a residence permit is issued for the purpose of student's mobility, Member States shall enter “student – […] mobility” under the heading “
[…] remarks”, in accordance with point (a) […] 7.5.-9. of the Annex to Regulation
(EC) No 1030/2002. When an authorisation in the form of a long-stay visa is issued for the
purpose of student's mobility, Member States shall enter "student-mobility" under the heading
"remarks" on the visa sticker.
2005/71/EC (adapted)
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Council
Article 8 16
Duration of […] authorisation permit
1. Member States shall issue or renew , if applicable, an authorisation for a third-country national for whom the competent authorities have taken a positive decision in accordance with the relevant provisions of this Directive, when there are no relevant grounds provided for in Articles 18 and 19. […] .
[…] 2. The period of validity of […] an authorisation for researchers shall be of […] at least one year or for the duration of the research activity, in case
this is shorter. In both cases, […] the authorisation shall be renewed, […] if the conditions laid down in Articles 6, and 7 […] and 9 […] are still met and if the grounds laid down in Article 19 do not apply . […]
[…] The […] duration of the authorisation for researchers who are covered by EU or multilateral programmes that comprise mobility measures shall be at least two years, or equal to the duration of the hosting agreement in case this is shorter. […] If the conditions laid down in Article 6 are not met for the two years or for the whole duration of the hosting agreement or the contract, the first paragraph shall apply. Member States shall retain the right to verify that the conditions of the authorisation continue to be met in accordance with Article 19. new Council
[…] 3. The period of validity of […] an authorisation for students […]
shall be of at least one year or for the duration of studies, in case this is shorter . In both cases , […] the authorisation shall be renewed, […] if the conditions laid down in Articles 6 […] , 10 and, where applicable, 10a […] are still met […] and if the grounds laid down in Article 19 do not apply .
[…] The […] duration of the authorisation for students who are covered by EU or multilateral programmes that comprise mobility measures or by an agreement between two or more recognised higher education institutions shall be at least two years, or equal to the duration of their studies in case this is shorter. If the conditions laid down in Article 6 are not met for the two years or for the whole duration of the studies, the first paragraph shall apply. Member States shall retain the right to verify that the conditions of the authorisation continue to be met in accordance with Article 19.
3a. Member States may determine that the total time of residence for studies shall not exceed the maximum duration of studies as defined in national legislation.
4. […]
5. The period of validity of an authorisation for school pupils […] shall be of equal duration to the exchange scheme or the educational project, in case those are shorter than one year, or for a maximum of one year. Member States may decide to allow the renewal of the […] authorisation of the school pupils […] once for the time period needed to complete the pupil exchange scheme or the educational project […] […] , if the conditions laid down in Articles 6 and 11 are still met and if the grounds laid down in Article 19 do not apply. […]
[…] 6. […]
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[…] 7 . The period of validity of an residence permit authorisation […]
for unremunerated unremunerated […] trainees shall […] be of equal duration to the training period, in case this is shorter than one year, or for a maximum of one year. If the duration of the relevant training programme is longer than one year, the duration of the validity of the authorisation may correspond to the period concerned according to national law […] .
Member States may decide to allow the renewal of the authorisation […] once […] […] and exclusively for […] the time period […] needed to […] complete the traineeship, insofar as this is provided for in national […] law and the conditions laid down in Articles 6 and […] 12 are still met and the grounds laid down in Article 19 do not apply. […]
[…] 8. The period of validity of an authorisation residence permit
[…] for volunteers shall be […] of equal duration to the voluntary service scheme, in case this is shorter than one year, or for a maximum period of one year. […] If the duration of the relevant programme is longer than one year, the duration of the validity of the […] residence permit authorisation may correspond to the period concerned according to national […] law .
9. Member States may determine that, in case the validity of the travel document of the thirdcountry national is shorter than one year or shorter than two years in cases referred to in paragraphs 2 and 3 […] , the validity of the requested authorisation shall not
exceed the validity of the travel document. […] 10. In cases where Member States allow entry and residence during the
first year on the basis of a long-stay visa, an application for a residence permit shall be submitted before the expiry of the long-stay visa. The residence permit shall be issued […] if the conditions laid down in Article 6 and, where relevant, Articles 6a, 7, 8, 9, 10, 10a, 11, 12 or 13 […] are still met . […]
Article 17
Additional information
1. Member States may […] […] […] provide that additional information shall be either indicated in paper format, or stored in electronic format, as referred to in Article 4 of Regulation (EC) No 1030/2002 i and point (a) 16 of the Annex thereto. […] This information may be relating to the […]
residence and, in cases covered by Article 23, the economic activities of the thirdcountry national […] and include in particular the full list of Member States that the researcher or student intends to go to or a specific EU […] or multilateral programme that comprises mobility measures or an agreement between two or more recognised higher education institutions , in cases covered by Article […] 26C […] […]
2. Member States may also determine that the information referred to in paragraph 1 shall be indicated on a long-stay visa, as referred to in point 12 of the Annex to Council Regulation (EC) No 1683/95 i of 29 May 1995 laying down a uniform format for visas.
2004/114/EC (adapted)
CHAPTER IV
RESIDENCE PERMITS G ROUNDS FOR REFUSAL , WITHDRAWAL OR NON -
RENEWAL OF AUTHORISATIONS
Article 12
Residence permit issued to students
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1.A residence permit shall be issued to the student for a period of at least one year and renewable if the holder continues to meet the conditions of Articles 6 and 7. Where the duration of the course of study is less than one year, the permit shall be valid for the duration of the course.
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2.Without prejudice to Article 16, renewal of a residence permit may be refused or the permit may be withdrawn if the holder:
(a) does not respect the limits imposed on access to economic activities under Article 17;
(b) does not make acceptable progress in his/her studies in accordance with national legislation or administrative practice.
Article 13
Residence permit issued to school pupils
A residence permit issued to school pupils shall be issued for a period of no more than one year.
Article 14
Residence permit issued to unremunerated trainees
The period of validity of a residence permit issued to unremunerated trainees shall correspond to the duration of the placement or shall be for a maximum of one year. In exceptional cases, it may be renewed, once only and exclusively for such time as is needed to acquire a vocational qualification recognised by a Member State in accordance with its national legislation or administrative practice, provided the holder still meets the conditions laid down in Articles 6 and 10.
Article 15
Residence permit issued to volunteers
A residence permit issued to volunteers shall be issued for a period of no more than one year. In exceptional cases, if the duration of the relevant programme is longer than one year, the duration of the validity of the residence permit may correspond to the period concerned.
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Article 18
Grounds for […] rejection […]
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1.Member States shall […] reject […] an application in the following cases:
(a) where the general conditions laid down in Article 6 […] or […] the relevant specific conditions laid down in Articles 7, […] […] 9, 10, 11, 12, 13 or 16, or, where applicable, in Articles 6a, 8 and 10a are not met;
(aa) […] ;
(b) where the documents presented have been fraudulently acquired, falsified or tampered with;
(c) where the host entity […] was established or operates […] for the main […] purpose of facilitating the entry of third-country nationals falling under the scope of this Directive ;
1a) […]
[…]
[…]
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2.Member States may […] reject […] an application in the following cases:
(aa) […]
(b) where the host entity […] or another institution in accordance with Article 13(1)(b) and (c) or a third party in accordance with Article 11 (1)(d) […] has failed to meet its legal obligations regarding social security, taxation, labour rights or working conditions […] ;
(bbis) where the terms of employment according to applicable laws, collective agreements or practices in the Member State where the host entity is established are not met;
(bbbis) […] […] where […] the host entity […] has been sanctioned in conformity with national law for undeclared work and/or illegal employment
[…] ;
(c) where applicable, if […] the host entity 's business is being or has been wound up under national insolvency laws or […] no economic activity is taking place […] ;
(cbis) where the host entity […] does not have adequate financial resources to grant
satisfying conditions […] of residence to the third-country national.
(ccbis) where there […] are reasonable […] grounds to believe that the third-country national intends to reside or carry out an activity for purposes other than those for which he/she applies to be admitted;
(cccbis) […]
(d) […]
(e) […] (3) […]
(4) In case a third-country national applies to be admitted to […] enter into an […] employment relationship in the Member State concerned, Member States may verify whether the […] post in question could be filled by nationals of the Member State concerned or by other Union citizens, or by third-country nationals lawfully residing in that Member State, in which case they may reject the application. This paragraph shall apply without prejudice to the principle of preference for Union citizens as expressed in the relevant provisions of the relevant Acts of Accession.
2004/114/EC (adapted) new Council
Article 16 19
Grounds for Wwithdrawal or non-renewal or non-renewal of residence permits of
an authorisation
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1.Member States may shall withdraw or refuse to renew or, where applicable, refuse to renew a residence permit issued on the basis of this Directive when it has been fraudulently acquired or wherever it appears that the holder did not meet or no longer meets the conditions for entry and residence laid down in Article 6 and in whichever of Articles 7 to 11 applies to the relevant category. an authorisation […] :
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(a) where the holder no longer meets the general conditions laid down in Article 6, except for Article 6(1)(d), […] or the relevant specific conditions laid down in Articles 7, […] 9, 10, 11, 12, 13, 16 or, where applicable, in Articles 6a, 8 and 10a were not met or are no longer met;
(b) where authorisations […] or documents presented have been fraudulently acquired, falsified or tampered with;
[…] (c) where the third-country national […] resides or carries out as his/her main activity one which has […] purposes other than those for which he/she was authorised to reside;
[…] (d) where the host entity was established or operates […] for the main […] purpose of facilitating entry of third-country nationals falling under the scope of this Directive ;
(dbis) […]
(d) […]
(e) […]
(f) […]
1a. […]
[…]
1a a. Member States may withdraw or refuse to renew an authorisation […] :
(a) if the host entity […] has failed to meet its legal obligations regarding social security, taxation, labour rights or working conditions […] ;
(abis) if the host entity […] or another institution […] in accordance with Article 13(1)(b) and (c) or a third party in accordance with Article 11(1)(d) […] has been sanctioned in conformity with national law for undeclared work and/or illegal employment.
(b) where applicable, if […] the host entity 's business is being or has been wound up under national insolvency laws or […] no economic activity is taking place […] ;
(bb) where the host entity does […] […] not have adequate financial resources to grant satisfying conditions of stay or residence to the third-country national;
(c) […]
(d) for students, where the time limits imposed on access to economic activities under Article 23 are not respected or if the respective student does not
make sufficient progress in the relevant studies in accordance with national […] law or administrative practice;
(e) where the terms of employment according to applicable laws, collective agreements or
practices in the Member State where the host entity is established are not met
[…] .
(f) […]
(fbis) […] 2004/114/EC new Council
2. In case of withdrawal, when assessing the lack of progress in the relevant studies, as referred to in paragraph 1aa(d), a Member State […] may consult with the host entity.
[…] 3. Member States may withdraw or refuse to renew or refuse to renew a residence permit an authorisation for reasons of public policy, public security or public
health.
4. […]
(4new) In case a third-country national applies for renewal of his/her authorisation to enter into or continue to be in an […] employment relationship in the Member State
concerned, Member States may verify whether the post in question could be filled by nationals of the Member State concerned or by other Union citizens, or by third-country nationals lawfully residing in that Member State, in which case they may refuse to renew the authorisation. This paragraph shall apply without prejudice to the principle of preference for Union citizens as expressed in the relevant provisions of the relevant Acts of Accession. 2005/71/EC
Article 10
Withdrawal or non renewal of the residence permit
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1.Member States may withdraw or refuse to renew a residence permit issued on the basis of this
Directive when it has been fraudulently acquired or wherever it appears that the holder did not meet or no longer meets the conditions for entry and residence provided by Articles 6 and 7 or is residing for purposes other that that for which he was authorised to reside.
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2.Member States may withdraw or refuse to renew a residence permit on grounds of public policy, public security or public health.
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Article 20
[…]
2005/71/EC (adapted)
CHAPTER V
RESEARCHERS’ RIGHTS
Article 12 21
Equal treatment
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1. […] […] […] Students, […] […] unremunerated trainees and volunteers shall be entitled to equal treatment with nationals of the host Member State as provided for by […] Articles 12(1), 12(2) and 12(4) […] of Directive 2011/98 i/EU, when they fall within the […] definition referred to in point (b) of Article 2 of that Directive. […] […]
[…]
[…]
[…] 2. Researchers […] shall be entitled to […] equal treatment with nationals of the host Member State as […] provided for by Articles 12(1) and 12(4). Member States may decide to apply the exceptions provided for in points (a)(iii), (b), (c) and (d)(ii) of Article 12(2) of Directive 2011/98 i/EU.
2 a […]
[…] 3. […] Students, volunteers, […] unremunerated trainees […] […] […] when they do not fall within the […] definition of point (b) of
Article 2 of Directive 2011/98 i/EU, and school pupils shall be entitled to equal treatment in relation to access to goods and services and the supply of goods and services made available to the public, […] as provided for by national law , as well as, where applicable, in relation to recognition of diplomas, certificates and other professional qualifications in accordance with the relevant national procedures and insofar as it is necessary to pursue the objectives set forth in this Directive .
[…] Member States may decide not to grant equal treatment to students, school pupils, volunteers […] or unremunerated trainees […] in relation to procedures for obtaining housing […] and /or services provided by public employment […] offices in accordance with national law. 2005/71/EC (adapted) Council
Article 11 22
Teaching by researchers
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1.Researchers admitted under this Directive may in addition to research […] activities, teach in accordance with national legislation.2. Member States may set a maximum number of hours or of days for the activity of teaching.
2004/114/EC (adapted) new Council
CHAPTER IV
TREATMENT OF THE THIRD-COUNTRY NATIONALS CONCERNED
Article 17 23
Economic activities by students
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1.Outside their study time and subject to the rules and conditions applicable to the relevant activity in the host Member State, students shall be entitled to be employed and may be
entitled to exercise self-employed economic activity. The situation of the labour market in the
host Member State may be taken into account.
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2.Where necessary, Member States shall grant students and/or employers prior authorisation in accordance with national legislation.
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23.Each Member State […] […] shall determine the maximum number of hours per week or days or months per year allowed for such an activity, which shall not be less than 10 […] [10] hours per week, or the equivalent in days or months per year.
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3.Access to economic activities for the first year of residence may be restricted by the host Member State.
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4.Member States may require students to report, in advance or otherwise, to an authority designated by the Member State concerned, that they are engaging in an economic activity. Their employers may also be subject to a reporting obligation and/or an obligation to keep a record of the work authorisation […] . The second Member State may require the student exercising mobility to its territory in accordance with Article 26C […] , and wishing to work on its territory, to provide information about his/her working activities and the number of hours worked in the first Member State.
5. In case of mobility […] to one or several Member States in accordance with
Article […] 26C […] , if the student has already reached or exceeded, in the first Member State, the maximum number of hours per week or days or months per year that he/she is allowed to work in the second Member State, the second Member State may deny him/her access to its labour market or reduce the number of hours he/she is allowed to work accordingly . new Council
Article 24
[…] […] Stay […] for the purposes of job-searching […] or
entrepreneurship for researchers and students
1. After […] the completion of research […] in the Member State,
[…] third-country nationals shall […] […] have the possibility […] to stay , on the basis of the authorisation referred to in paragraph 3, on the territory of the Member State that granted […] an authorisation under Article 15 for a period of at least [6] […] months in order to […] seek employment or set up a business.
An authorisation to this end shall be issued by the Member State concerned if the conditions laid down in Article 6(1) points (a) and (c) to (f) and, if applicable, in Articles 6(2) and 6(4) […] are still fulfilled. This […] authorisation shall be […] issued […] after a […] confirmation by the host entity of the completion of the research activity […] .
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2.After […] the completion of […] studies in the Member State, […] third-country nationals shall […] […] have the possibility […] to stay , on the basis of the authorisation referred to in paragraph 3, on the territory of the Member State that granted […] an authorisation under Article 15 for a period of at least [6] […] months in order to […] seek employment or set up a business.
An authorisation to this end shall be issued by the Member State concerned if the conditions laid down in Article 6(1) points (a) and (c) to (f) and, if applicable, in Articles 6(2) and 6(4) […] are still fulfilled. This […] authorisation shall be […] issued […] after the student has provided […] evidence of having obtained a higher education diploma, certificate or other evidence of formal qualifications […] .
[…]
2bis. Member States may decide to set a minimum level of degree that students shall have achieved in order to benefit from the application of this Article. This level shall not be higher
than level […] 7 […] of the European Qualifications Framework 15 .
3. For the purpose of stay referred to in paragraphs 1 and 2, […] Member States, upon an application by […] the researcher or the student, shall issue […] an
authorisation for job searching to the third-country national […] in accordance with their national law. […] […] . Where applicable, the permit […] provided for in Article 25 shall be extended accordingly.
15 Recommendation of the European Parliament and of the Council of 23 April 2008 on the
establishment of the European Qualifications Framework for Lifelong Learning (2008/C 111/01).
3aa. Member States may reject an application in the following cases:
(a) where the conditions laid down in paragraphs 1, 2 and, where applicable, 2(bis) are not met,
(b) where the documents presented have been fraudulently acquired, falsified or tampered with;
(c) where there are reasonable grounds to be believe that the third-country national intends to stay for purposes other than those for which he/she applies to stay.
3a. Member States may require that the application of the […] researcher or the student and, where applicable, the members of […] researcher's family, shall be submitted at least 30 days before the expiry of the […] authorisation .
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4.After a […] minimum of [3] months from the issuance of the authorisation by the
Member State concerned, the latter may […] require […] third-country nationals […] to prove that they have a genuine chance of being engaged or of launching a business.
Member States may require that the employment the third-country national is seeking or the business he/she is in the process of setting up corresponds to the area and/or level […] of research or the field of studies completed or the skills gained by the thirdcountry national.
[…]
5. If the conditions provided for in paragraph 1, 2 or […] 4 are no longer fulfilled, Member States […] may withdraw the authorisation of the third-country national and his/her
family members according to their national law. […]
6. […] Second Member States […] may apply this Article to researchers and/or students who reside or have resided in the second Member State concerned in accordance
with the provisions of Articles 26A, 26B and 26C […] […] […] .
7. […]
Article 25
Researchers' family members
1. For the purpose of allowing […] researchers’ family members to […]
join the researcher in the first Member State or, in the case of long-term mobility, in the second Member States, Member States shall apply the provisions of Directive 2003/86/EC i with […] the derogations laid down in this Article.
1a. By way of derogation from Articles 3(1) and 8 of Directive 2003/86/EC i, the granting of an authorisation to family members shall not be made dependent on the requirement of the
researcher having reasonable prospects of obtaining the right of permanent residence and having a minimum period of residence.
1b. By way of derogation from the last subparagraph of Article 4(1) and Article 7(2) of
Directive 2003/86/EC i, the integration conditions and measures referred to therein may only be applied after the persons concerned have been granted an authorisation.
1c. […]
1d. […]
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2.Member States shall allow the application of the family members […] intending to join […] the researcher […] to be submitted at the same time as the
application for admission of the researcher […] . The authorisation for family members shall be granted only if the researcher is granted an authorisation in accordance with Article 15 […] .
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3.By way of derogation from the first subparagraph of Article 5(4) of Directive 2003/86/EC i,
[…] authorisations for family members shall be granted, where the conditions for family
reunification are fulfilled, within 90 days from the date on which the application was
lodged. .
[…]
[…]
[…]
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4.By way of derogation from Articles 13(2) and 13(3) […] of Directive 2003/86/EC i, the duration of validity of the authorisation of family members shall end […] , as a general rule, […] on the date of expiry of the authorisation of the researcher
[…] . This shall include, where applicable, authorisations issued to the researcher […] […] for the purpose of job-searching or entrepreneurship as foreseen in Article 24(1) […] . Member States may require the period of validity of the travel documents of family members to cover at least the duration of the planned stay.
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5.By way of derogation from the second sentence of Article 14(2) of Directive 2003/86/EC i,
Member States […] may decide not to apply any time limit in respect of access to the labour market.
CHAPTER VI
MOBILITY BETWEEN MEMBER STATES
2005/71/EC Council
Article 26
Intra-EU mobility
[…]
1. A third-country national who holds […] a valid authorisation for the purpose of research or studies issued by the first Member State may enter and stay […] in order to carry out part of his/her research or studies in one or several second Member
States on the basis of that authorisation […] and a valid travel document under the conditions laid down in Articles 26A, 26B , […] 26C, […] […] […] and subject to Article 26 […] G .
2. During the mobility referred to in paragraph 1, researchers may, in addition to research
[…] activities, teach and students may, in addition to their studies, […] […] work , in one or several second Member States in accordance with the conditions laid down in Articles 22 and 23 respectively […] .
3. When a researcher moves to a second Member State in accordance with Article
[…] 26B […] family members holding an authorisation issued in accordance with Article 25 shall be authorised to accompany […] the researcher in the framework of his/her long-term mobility […] […] […] under the conditions laid down in Article 26 Bbis […] .
[…]
[…] Article 13 26 A
[…] Short-term mobility of researchers
[…]
1. A third-country national who has been admitted as a researcher under this Directive and who holds a valid authorisation issued by the first Member State shall be entitled to enter and
stay […] in order to carry out part of his/her research in any research organisation in one or several second Member States for a period of up to […] 90 days in any […] 180-day period per Member State, subject to the conditions laid down in this Article.
2. The second Member State may require the researcher or the research organisation in the first Member State […] […] to notify the competent authorities of the first
Member State and of the second Member State of the intention of the researcher to carry out part of his/her research in the research organisation in the second Member State. The notification shall take place […] as soon as the intended mobility to the second Member State is known.
2bis. The mobility may take place either at any moment within the period of validity of the authorisation or after the notification in case the latter is required by the second Member
State. 3. Where applicable, the second Member State […] shall require the notification […]
to include the transmission of […] one or more of the […] […] following documents and information:
(a) a valid travel document, as provided for in point (a) of Article 6(1) and a valid authorisation issued by the first Member State covering the total period of the short-term mobility;
(b) the hosting agreement or the contract in the first Member State as referred to in Article 9 ; […]
(c) where applicable, evidence that he/she has paid the fee for handling the notification on the basis of Article 31;
(d) where not specified in the hosting agreement, the planned duration and dates of the mobility.
[…]
(c) […] evidence that the researcher has sickness insurance for all the risks normally covered for nationals of the Member State concerned as provided for in point (c) of
Article 6(1);
[…]
(d) […] evidence that during his/her stay the researcher has sufficient resources to cover his/her subsistence and will not have recourse to the Member State's social
assistance system as provided for in point (f) of Article 6(1) and Article 6(4), as well as travel costs to the first Member State in the cases referred to in Article 26G(4)(b);
(e) […]
The second Member State may require the researcher or the research organisation to provide, before the start of mobility, the address of the third-country national concerned in the territory of the second Member State.
Member States may require […] […] […] that the documents listed in […] this paragraph […] […] are presented in an official language of the Member State concerned.
4. […] Following the notification referred to in paragraph 2 […] the second Member State may object to the mobility of the researcher to its territory within […] 30
days from having received the complete notification, where:
(a) the […] conditions set out in paragraph […] 3 […] are not […] complied with;
(b) […] one of the grounds for rejection set out in points […] (b) or (c) of Article 18(1) or in […] Article 18(2) applies ;
(c) the maximum duration of stay as defined in paragraph 1 of this Article has been reached.
(d) […] where applicable, the research organisation is not approved in accordance with Article 8.
(e) […]
[…]
[…]
5. Researchers who are considered to pose a threat to public policy, public security or public health shall not be allowed to enter or to stay on the territory of the second Member State.
6. The competent authorities of the second Member State shall inform in writing without delay the competent authorities of the first Member State and either the research organisation in the first Member State […] or the […] researcher […] ,
depending on who submitted the notification, about their objection to the mobility. In such a case and where the mobility has not yet taken place, the researcher shall not be allowed to carry out part of his/her research in the research organisation in the second Member State. Where the mobility has already taken place, Article 26G(4) shall apply.
7. […]
Article 26B
Long-term mobility of researchers
[…]
1. In relation to a third-country national who has been admitted as a researcher under this
Directive and who holds a valid authorisation issued by the first Member State and intends to enter and stay […] in order to carry out part of his/her research in any research organisation in one or several second Member States for more than […] 90 days per Member State […] […] , the second Member State […] shall […] either:
(a) apply the notification procedure provided for in paragraphs 3 to 6 of Article 26A […] ;
or
(b) apply the procedure provided for in paragraphs 2 […] to 6bis.
[…] The second Member State may define a maximum period of the long-term mobility of a researcher which shall not be less than 360 days […] .
2. […] When an application for long-term mobility is […] […] submitted:
(a) the second Member State shall require the researcher or the research organisation in the first Member State […] […] to present […] […] one or more of the […] following documents and information:
(i) a valid travel document, as provided for in point (a) of Article 6(1) and a valid authorisation issued by the first Member State;
(ii) […]
(ii) evidence that the researcher has sickness insurance for all the risks normally covered for nationals of the Member State concerned as provided for in point (c) of Article 6(1);
(iii) evidence that during his/her stay the researcher has sufficient resources to cover his/her subsistence and will not have recourse to the Member State's social assistance system as provided for in point (f) of Art 6(1) and Art 6(4), as well as travel costs to the first Member State in the cases referred to in Article
26G(4)(b);
(iv) where applicable evidence he/she has paid the fees for handling the
application on the basis of Article 31;
(v) evidence to have concluded a hosting agreement or a contract as required in Article 7. The second Member State may require the hosting agreement or the contract to be concluded with a research organisation situated on its territory;
(vi) where not specified in any of the […] documents presented by the applicant, the planned duration and dates of the mobility […] .
[…] The second Member State may require the researcher or the research organisation to provide, at the latest at the time of issue of the authorisation, the address of the third-country national concerned in the territory of the second Member State.
Member States may require […] […] that the documents listed in this point […] […] are presented in an official language of the Member State concerned.
(b) the competent authorities of the second Member State shall take a decision on the application for long-term mobility and notify in writing […] either the research organisation in the first Member State or the researcher, depending on who has
submitted the application, […] as soon as possible, but not later than […] 90 days after the competent authorities of the second Member State have received the complete application and the documents foreseen in point (a). Member States may provide for a shorter deadline for taking the decision on the application.
(c) the researcher shall not be required to leave the territories of the Member States in order
to submit the application and shall not be subject to a visa requirement.
3. The competent authorities of the second Member States may reject an application for longterm mobility where:
(a) the […] conditions set out in point (a) of paragraph 2 of this Article are not […] complied with;
[…]
(b) where applicable, the research organisation is not approved in accordance with Article 8 […] ;
(c) one of the grounds for rejection set out in […] Article 18, with the exception of point (a) of Article 18(1), applies;
(d) the researcher’s authorisation in the first Member State expires during the procedure;
(e) where applicable, the maximum duration of stay as defined in paragraph 1 of this Article has been reached.
[…] 4. Researchers who are considered to pose a threat to public policy, public security or public health shall not be allowed to enter or to stay on the territory of the second Member
State.
[…] 5. Where the competent authorities of the second Member State take a positive decision on the application for long-term mobility as referred to in paragraph 2, the researcher shall be issued an authorisation in accordance with Article 15(4). The second Member State shall
inform the competent authorities in the first Member State when an authorisation for mobility is issued.
6. […] Until the second Member State has […] […] decided on the application for long-term mobility, […] the researcher is not allowed to enter to and stay in the second Member State […] for the purposes of this Article.
6bis. The competent authorities of the second Member States may withdraw the authorisation for long-term mobility where:
(a) the […] conditions set out in paragraph 2(a) […] are not or are no longer complied with;
(b) where applicable, the research organisation is no longer approved in accordance with Article 8(6);
(b) one of the grounds of withdrawal […] of an authorisation, as set out in Article
19, with the exception of paragraphs (1)(a), (1aa)(d), (2) and (4) […]
applies.
7. When a Member State takes a decision on long-term mobility, paragraphs 2, 3 and 4 of
Article 29 apply accordingly.
Article 26 B(bis)
Long-term mobility of researchers’ family members
1. In case the researcher is accompanied by his/her family members in the framework of a longterm mobility, and when Member States apply the procedure laid down in paragraph 1(a) of Article 26B, the second Member State shall require the notification referred to in paragraph 3 of Article 26A […] to include one or more of the following documents and information:
(a) the documents and information required under points (i), (ii), (iii) and (iv) of paragraph […] 2(a) of Article 26B related to the family members accompanying the
researcher.
(b) evidence that the family member has resided as a member of the family of the researcher in the first Member State in accordance with Article 25.
The second Member State may require the researcher's family members to provide, at the latest […] before the start of mobility, the address of the family members in the territory of the second Member State.
Member States may require the applicant to present the documents listed above in an official language of the Member State concerned.
Paragraphs 4 and 6 […] of Article 26A shall apply to those family members accordingly.
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2.In case the researcher is accompanied by his/her family members in the framework of a longterm mobility, and when Member States apply the procedure laid down in paragraph 1(b) of Article 26B, an application shall be submitted by the researcher or by the family members of the researcher […] to the competent authorities of the second Member State. The second Member State shall require the applicant to present one or more of the following
documents and information in relation to the family members:
(a) the documents and information required under points (i), (ii), (iii) and (iv) of paragraph 2(a) of Article 26B related to the family members accompanying the researcher;
(b) evidence that they have resided as members of the family of the researcher in the first Member State in accordance with Article 25.
The second Member State may require the researcher's family members to provide, […] at the time of the issuance of the authorisation, the address of the family members in the territory of the second Member State. Member States may require the applicant to present the documents listed above in an official language of the Member State concerned.
When Member States apply the procedure provided in this paragraph, paragraphs 2(b), 2(c), 3,
[…] 5, 6, 6bis and 7 of Article 26 B shall apply accordingly.
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3.The duration of validity of the authorisation of the researchers’ family members shall, as a general rule, end on the date of expiry of the researcher’s authorisation issued by the Member State concerned.
4. The authorisation for family members may be withdrawn or its renewal refused if the authorisation for the researcher they are accompanying is withdrawn or its renewal refused and they do not enjoy any autonomous right of residence.
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5.Researcher’s family members who are considered to pose a threat to public policy, public security or public health shall not be allowed to enter or to stay on the territory of the second Member State. […]
new Council
Article 26 […] C
[…]
[…]
[…] Article 26 C
Mobility of students […]
1. […] […] […] A student admitted […] under this Directive and who holds a valid authorisation […] issued by the first Member State, […] shall be entitled to enter and stay in order to carry out part of […] […] his/her studies in any higher education institution in one or several second Member States for a period of up to […] 180 days in any 360-day period […] per Member State subject to the
conditions laid down in this Article.
For students who are covered by an EU or multilateral programmes that comprises mobility measures or by an agreement between two or more recognised higher education institutions this time period shall be increased to up to 360 days per Member State.
2. […] The […] higher education institution in the first Member State or the student shall […] submit an application to the competent authorities […] of the second Member State […] indicating the intention of the student to carry out part of
his/her studies in the higher education institution in the second Member State. […]
[…] 3. The second Member State shall require the […] application […] to include the transmission of […] one or more of the following documents and
information:
(a) a valid travel document, as provided for in point (a) of Article 6(1) and a valid authorisation issued by the first Member State […] ; […] […]
(b) evidence that the […] student has sickness insurance for all the risks normally covered for nationals of the Member State concerned as provided for in point (c) of Article 6(1);
(c) where applicable, evidence he/she has paid the fee for handling the […] application on the basis of Article 31.
(d) […] evidence that the student carries out part of his/her studies in the framework of an EU or a multilateral programme that comprises mobility measures or of an
agreement between two or more recognised higher education institutions; […]
(e) […] where not specified under point (d), the planned duration and dates of the mobility […] ;
(f) evidence that during his/her stay the third-country national has sufficient resources to cover his/her subsistence and will not have recourse to the Member State's social
assistance system as provided for in point (f) of Article 6(1) and Article 6(4), his/her study costs, as well as […] travel costs to […] the first Member State in the cases referred to in Article 26G(4)(b) […] ;
(g) evidence […] that he/she has paid the fees charged by the higher education institution […] .
[…]
[…]
[…]
[…]
[…]
[…] The second Member State may require the student or the higher education institution to provide, […] […] at the latest at the time of issuance of the authorisation, the address of the third-country national concerned in the territory of the second Member State.
Member States may require […] that the documents listed […] […] in this paragraph are presented […] in an official language of the Member State concerned.
4. The competent authorities of the second Member State shall take a decision on the application for mobility and notify in writing either the higher education institution in the first Member
State or the student, depending on who has submitted the application, as soon as possible, but not later than 90 days after the competent authorities of the second Member State have received the complete application and the documents provided for in point (a). Member States may provide for a shorter deadline for taking the decision on the application.
The student shall not be required to leave the territories of the Member States in order to submit the application and shall not be subject to a visa requirement.
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5.The competent authorities of the second Member States may reject an application for mobility where:
(a) the conditions set out in paragraph 3 of this Article are not complied with;
(b) where applicable, the higher education institution is not approved in accordance with Article 10a;
(c) one of the grounds for rejection set out in Article 18, with the exception of […] paragraph (1)(a) […] and 18(4), applies;
(d) the student’s authorisation in the first Member State expires during the procedure;
(e) the maximum duration of stay as defined in paragraph 1 of this Article has been reached.
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6.Students who are considered to pose a threat to public policy, public security or public health shall not be allowed to enter or to stay on the territory of the second Member State.
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7.Where the competent authorities of the second Member State take a positive decision on the application for mobility as referred to in paragraph 2, the student shall be issued an
authorisation in accordance with Article 15(5). The second Member State shall inform the competent authorities in the first Member State when an authorisation for mobility is issued.
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8.Until the second Member State has decided on the application for mobility, the student is not allowed to enter to and stay in the second Member State for the purposes of this Article.
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9.The competent authorities of the second Member States may withdraw the authorisation for mobility where:
(a) the conditions set out in paragraph 3 are not or no longer complied with;
(b) where applicable, the higher education institution is no longer approved in accordance with Article 10(a);
(c) one of the grounds of withdrawal of an authorisation, as set out in Article 19, with the exception of paragraphs (1)(a) and (4), applies.
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10.When a Member State takes a decision on mobility, paragraphs 2, 3 and 4 of Article 29 apply accordingly.
[…]
Article 26 C(bis)
[…]
Article 26E
[…]
[…]
[…]
Article 26 […] G
Safeguards […] and sanctions in cases of mobility
[…]
1. Where the authorisation for the purpose of research or studies is issued by the competent authorities of a Member State not applying the Schengen acquis in full and the researcher or student crosses an external border, the competent authorities of the second Member State shall be entitled to require as evidence that the researcher or student is moving to the second
Member State either for the purpose of research or studies respectively:
(a) a copy of the hosting agreement or the contract specifying the details of the mobility of the researcher […]
or (b) evidence that the student has been accepted by the higher education institution in the
second Member State […] […] […] .
In case of the family members of the researcher, the competent authorities of the second Member State shall be entitled to require as evidence a valid authorisation issued by the first Member State and evidence that they have been […] admitted to the Member State concerned.
2. Where the competent authorities of the first Member State withdraws the authorisation,
[…] they shall inform the authorities of the second Member State immediately.
3. The host entity of the second Member State or the researcher/student shall inform the competent authorities of the second Member State of any modification which affects the
conditions on which basis the mobility was allowed to take place.
[…]
4. In case the researcher […] moves to the second Member State on the basis of the authorisation issued by the first Member State and does not or no longer fulfils the conditions for mobility :
(a) The second Member State may request that the researcher […] immediately ceases all activities and leaves its territory;
(b) The first Member State shall, upon request of the second Member State, allow re-entry of the researcher […] and, where applicable, of his or her family members
[…] without formalities and without delay. […] […] […] This shall also apply if the authorisation issued by the first Member State […] has expired or has been withdrawn during the period of mobility within the second Member State […] .
5. In cases where the researcher or his/her family members or the student crosses the external border of a Member State applying the Schengen acquis in full, that Member State shall
consult the Schengen information system. That Member State shall refuse entry or object to the mobility of persons for whom an alert for the purposes of refusing entry and stay has been issued in the Schengen information system.
6. Member States may impose sanctions against the host entity established on its territory, where:
(a) where applicable, the host entity has failed to notify the mobility of the researcher
[…] in accordance with Article 26A or 26B or […] […]
[…] ;
(b) the residence permit has been used for purposes other than that for which it was issued;
(c) the researcher or student no longer fulfils the criteria and conditions on which basis the mobility was allowed to take place and, where applicable, the host entity failed to notify the competent authorities of the second Member State of such a modification.
Article 27
Sanctions against host entities
Member States […] may provide for sanctions against host entities or, in cases covered by Article 23, employers who have not fulfilled their obligations under this Directive. Those sanctions shall be effective, proportionate and dissuasive.
[…]
Article 28
[…]
2005/71/EC (adapted)
CHAPTER V
PROCEDURE AND TRANSPARENCY
Article 14
Applications for admission
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1.Member States shall determine whether applications for residence permits are to be made by the researcher or by the research organisation concerned.
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2.The application shall be considered and examined when the third-country national concerned is residing outside the territory of the Member States to which he/she wishes to be admitted.
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3.Member States may accept, in accordance with their national legislation, an application submitted when the third-country national concerned is already in their territory.
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4.The Member State concerned shall grant the third-country national who has submitted an application and who meets the conditions of Articles 6 and 7 every facility to obtain the requisite visas.
Article 15
Procedural safeguards
-
1.The competent authorities of the Member States shall adopt a decision on the complete application as soon as possible and, where appropriate, provide for accelerated procedures.
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2.If the information supplied in support of the application is inadequate, the consideration of the application may be suspended and the competent authorities shall inform the applicant of any further information they need.
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3.Any decision rejecting an application for a residence permit shall be notified to the third-country national concerned in accordance with the notification procedures under the relevant national legislation. The notification shall specify the possible redress procedures available and the time limit for taking action.
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4.Where an application is rejected, or a residence permit, issued in accordance with this Directive, is withdrawn, the person concerned shall have the right to mount a legal challenge before the authorities of the Member State concerned.
2004/114/EC (adapted)
CHAPTER V VII
PROCEDURE AND TRANSPARENCY
Article 18 29
Procedural guarantees and transparency
-
1.A decision on an application to obtain or renew a residence permit shall be adopted, and the applicant shall be notified of it, within a period that does not hamper the pursuit of the relevant studies, whilst leaving the competent authorities sufficient time to process the application.
new Council
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1.The competent authorities of the Member State […] concerned shall […]
adopt a decision on the […] application for an authorisation or a renewal of it and […] notify the applicant , as defined in Article 6(6), in writing, in accordance with the notification procedures laid down in the national law of the Member State concerned, as soon as possible […] but no later than […] 90 days […] of the complete application […] being lodged […] .
1a. By way of derogation from paragraph 1, in case the […] the admission procedure is related to an approved host entity, an approved research organisation […] or an
approved high er education institution, as referred to in Articles 6a, 8 and 10a, the time for taking a decision on the complete application shall be at most 60 days.
2004/114/EC (adapted) new Council
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2. […] Where the information or documentation supplied in support of the application is […] incomplete , processing of the application may be suspended and the competent authorities shall […] notify the applicant within a reasonable period of […] the additional information […] that is required and […] set a reasonable deadline […] for providing it . The period
referred to in paragraph s 1 and 1a shall be suspended until the authorities have received the additional information or documents required . If additional information or documents have not been provided within the deadline, the application may be […] rejected .
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3. […] Reasons for a decision […] declaring inadmissible or refusing an application for a residence permit an authorisation […] or refusing
renewal shall be […] given in writing to the applicant. Reasons for a decision withdrawing an authorisation shall be given in writing to […] the third-country national […] . Reasons for a decision withdrawing an authorisation may also be given in writing to the host entity […] .
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4. […] Any decision declaring inadmissible or rejecting the application, refusing renewal, or withdrawing an authorisation shall be open to a legal challenge in the Member State concerned, in accordance with national law. The written notification shall specify the court and/or administrative authority where an appeal may be lodged and the time-limit for lodging the appeal.
Article 19
Fast-track procedure for issuing residence permits or visas to students and school pupils
An agreement on the establishment of a fast-track admission procedure allowing residence permits or visas to be issued in the name of the third-country national concerned may be concluded between the authority of a Member State with responsibility for the entry and residence of students or school pupils who are third-country nationals and an establishment of higher education or an organisation operating pupil exchange schemes which has been recognised for this purpose by the Member State concerned in accordance with its national legislation or administrative practice.
new Council
Article 30
Transparency and access to information
Member States shall make available information on entry and residence conditions for third-country nationals falling under the scope of this Directive, including , where […] applicable the […] level of the monthly sufficient resources […] as well as the rights, all documentary evidence needed for an application and the applicable fees. […]
2004/114/EC new Council
Article 20 31
Fees
Member States may require […] third-country nationals including, where applicable, family members, or their respective host entities to pay fees for the […] handling of notifications and applications in accordance with this Directive. The level of such fees shall not be disproportionate or excessive. […]
2005/71/EC (adapted)
CHAPTER VI
FINAL PROVISIONS
Article 16
Reports
Periodically, and for the first time no later than three 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 shall propose any amendments that are necessary.
Article 17
Transposition
-
1.Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 12 October 2007.
When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
-
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 18
Transitional provision
By way of derogation from the provisions set out in Chapter III, Member States shall not be obliged to issue permits in accordance with this Directive in the form of a residence permit for a period of up to two years, after the date referred to in Article 17(1).
Article 19
Common Travel Area
Nothing in this Directive shall affect the right of Ireland to maintain the Common Travel Area arrangements referred to in the Protocol, annexed by the Treaty of Amsterdam to the Treaty on European Union and the Treaty establishing the European Community, on the application of certain aspects of Article 14 of the Treaty establishing the European Community to the United Kingdom and Ireland.
Article 20
Entry into force
This Directive shall enter into force on the twentieth day following its publication in the Official
Journal of the European Union.
Article 21
Addressees
This Directive is addressed to the Member States in accordance with the Treaty establishing the
European Community.
2004/114/EC
CHAPTER VI VIII
FINAL PROVISIONS
new Council
Article 32
[…] Cooperation on information
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1.Member States shall appoint contact points which shall cooperate effectively and be responsible for receiving and transmitting the information needed to implement Articles
[…] 26A to 26C and Articles 16(2) and (16)(3) . Member States shall give preference to exchange of information via electronic means.
-
2. Each Member States shall […] inform the other Member States, via the national contact points referred to in paragraph 1, of:
(a) the procedures applied to admission and mobility referred to in Articles 6a, 9, 26A to 26G;
(b) […] the maximum number of hours per week or days or months per year that a student is entitled to work on its territory.
Article 33
Statistics
1. […] Member States shall […] communicate to the Commission statistics on the […] numbers of authorisations for the purposes of this Directive and, as far as possible, […] on the numbers of third-country nationals whose authorisations have been renewed or withdrawn […] . Statistics on the admitted family members of
researchers shall be communicated in the same manner. Those statistics shall be disaggregated by citizenship, and as far as possible by the period of validity of the authorizations.
2. The statistics referred to in paragraph 1 shall relate to reference periods of one calendar year and shall be […] communicated to the Commission within six months of the end of the reference year. The first reference year shal be […]
3. The statistics referred to in paragraph 1 shall be communicated in accordance with Regulation (EC) No 862/2007 i of the European Parliament and of the Council.
2004/114/EC (adapted) new Council
Article 21 34
Reporting
Periodically, and for the first time by [five years after the date of transposition of this
Directive] 12 January 2010, the Commission shall […] report to the European
Parliament and the Council on the application of this Directive in the Member States and propose amendments if appropriate.
Article 22
Transposition
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 12 January 2007 They shall forthwith inform the Commission thereof.
When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
Article 23
Transitional provision
By way of derogation from the provisions set out in Chapter III and for a period of up to two years after the date set out in Article 22, Member States are not obliged to issue permits in accordance with this Directive in the form of a residence permit.
Article 24
Time limits
Without prejudice to the second subparagraph of Article 4(2) of Directive 2003/109/EC i, Member States shall not be obliged to take into account the time during which the student, exchange pupil, unremunerated trainee or volunteer has resided as such in their territory for the purpose of granting further rights under national law to the third-country nationals concerned.
Article 25
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.
Council
Article 35
Transposition
-
1.Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [two years after the entry into force] at the latest. They shall forthwith communicate to the Commission the text of those provisions.
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. They shall also include a statement that references in existing laws, regulations and administrative provisions to the directives repealed by this Directive shall be construed as references to this Directive. Member States shall determine how such reference is to be made and how that statement is to be formulated.
-
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 36
Repeal
Directives 2005/71/EC i and 2004/114/EC are repealed for the Member States bound by this
Directive with effect from [day after the date set out in the first subparagraph of Article 35(1) of this Directive], without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law of the Directives set out in Annex I, Part B.
For the Member States bound by this Directive, references to the repealed Directives shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex II.
Article 37
Entry into force
This Directive shall enter into force on the […] day following that of its publication in the
Official Journal of the European Union.
2004/114/EC (adapted)
Article 26 38
Addressees
This Directive is addressed to the Member States in accordance with the Treaty establishing the
European Community Treaties .
Done at Brussels,
For the European Parliament For the Council
The President The President
ANNEX I
Part A
Repealed Directive with list of its successive amendments (referred to in Article 37)
Directive 2004/114EC of the European Parliament (OJ L 375, 23.12.2004, p. 12) and of the Council
Directive 2005/71/EC i of the European Parliament (OJ L 289, 03.11.2005, p. 15) and of the Council
Part B
List of time-limits for transposition into national law [and application] (referred to in Article 36)
Directive Time-limit for transposition Date of application
2004/114/EC 12.01.2007
2005/71/EC 12.10.2007
ANNEX II
C ORRELATION T ABLE
Directive 2004/114/EC i Directive 2005/71/EEC i This Directive
Article 1 (a) Article 1 (a)
Article 1 (b) -
-
-Article 1 (b) and (c)
Article 2 introductory Article 3 introductory wording wording
Article 2 (a) Article 3 (a)
Article 2 (b) Article 3 (c)
Article 2 (c) Article 3 (d)
Article 2 (d) Article 3 (e)
-
-Article 3 (f) and (g)
Article 2 (e) Article 3 (l)
Article 2 (f) Article 3 (h)
Article 2 (g) -
-
-Article 3 (i)
-
-Article 3 (m) to (s) Article 3 (1) Article 2 (1)
Article 3 (2) Article 2 (2) (a) to (e)
-
-Article 2 (2) (f) and (g)
Article 4 Article 4
Article 5 Article 5 (1)
-
-Article 5 (2)
Article 6 (1) Article 6 (a) to (e)
-
-Article 6 (f)
Article 6 (2) -
-
-Article 7
Article 7 (1) Article 10 (1) introductory introductory wording wording
Article 7 (1) (a) Article 10 (1) (a)
Article 7 (1) (b) and (c) -
Article 7 (1) (d) Article 10 (1) (b)
Article 7 (2) Article 10 (2)
-
-Article 10 (3)
Article 8 -
-
-Article 11
Article 9 (1) and (2) Article 12 (1) and (2)
Article 10 introductory Article 13 (1) introductory wording wording
Article 10 (a) Article 13 (1) (a)
Article 10 (b) and (c) -
-
-Article 12 (1) (b)
-
-Article 12 (2)
Article 11 introductory Article 14 (1) introductory wording wording
Article 11 (a) -
Article 11 (b) Article 13 (1) (a)
Article 11 (c) Article 13 (1) (b)
Article 11 (d) Article 13 (1) (c)
Articles 12 to 15 -
-
-Articles 14, 15 and 16
Article 16 (1) Article 20 (1) introductory wording
-
-Article 20 (1) (a) to (c)
Article 16 (2) Article 20 (2)
-
-Article 21
Article 17 (1) first Article 23 (1) subparagraph
Article 17 (1) second Article 23 (2) subparagraph
Article 17 (2) Article 23 (3)
Article 17 (3) -
Article 17 (4) Article 23 (4)
-
-Articles 15, 24, 25, 27
-
-Article 17
Article 18 (1) -
-
-Article 29 (1)
Article 18 (2), (3) and Article 29 (2), (3) and (4) (4)
Article 19 -
-
-Article 30
Article 20 Article 31
-
-Articles 32 and 33
Article 21 Article 34
Articles 22 to 25 -
-
-Articles 35, 36 and 37
Article 26 Article 38
-
-Annexes I and II
Article 1 -
Article 2 introductory - wording
Article 2 (a) Article 3 (a)
Article 2 (b) Article 3 (i)
Article 2 (c) Article 3 (k)
Article 2 (d) Article 3 (b)
Article 2 (e) -
Articles 3 and 4 -
Article 5 Article 8
Article 6 (1) Article 9 (1)
-
-Article 9 (1) (a) to (f)
Article 6 (2) (a) Article 9 (2) (a)
-
Article 6 (2) (a), (b) and (c) - Article 6 (3), (4) and (5) Article 9 (3), (4) and (5)
Article 7 -
Article 8 Article 16 (1)
Article 9 -
Article 10 (1) Article 19 (2) (a)
-
-Article 19 (2) (b)
Article 10 (2) -
Article 11 (1) and (2) Article 22
Article 12 introductory - wording
Article 12 (a) -
Article 12 (b) -
Article 12 (c) Article 21 (1)
Article 12 (d) -
Article 12 (e) -
-
-Article 21 (2)
Article 13 (1) Article 26 (1)
Article 13 (2) Article 26 (1)
Article 13 (3) and (5) Article 26 (1)
Article 13 (4) -
-
-Article 26 (2), (3) and (4)
Articles 14 to 21 -
ANNEX II
Statement of Belgium and Portugal regarding the Proposal for a Directive of the European
Parliament and of the Council on the conditions of entry and residence of third-country nationals for the purposes of research, studies, pupil exchange, remunerated and unremunerated training, voluntary service and au pairing [recast]
Regarding Article 21 on equal treatment, Belgium and Portugal wish to express their concerns on the possibility for Member States to apply exceptions regarding the rights in the field of social security as provided for in point (b) of article 12 (2) of Directive 2011/98 i/EU (Single Permit Directive) towards researchers, as this goes a step back compared to the existing legislation.
Belgium and Portugal shall pay particular attention to this Article during the negotiations with the European Parliament and the Commission.
In view of reaching an agreement, Belgium and Portugal can support the compromise proposal as presented by the Presidency in document 16343/14 of 3 December 2014 and agree that trilogue negotiations should start as soon as possible.
Belgium and Portugal request to add this statement to the minutes of COREPER.
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