{"change_dates":[],"dossier":{"amendments":[],"changes":{"2014-11-10T02:23:58":[{"data":[{"body":"EC","commission":[{"DG":[{"title":"Justice","url":"http://ec.europa.eu/justice/"}]}],"date":"2004-03-16T00:00:00","docs":[{"celexid":"CELEX:52004DC0178:EN","text":["
EP: decision of the committee responsible, 1st reading/single reading
\n\n
The committee adopted the report by Vincent PEILLON (PES, FR) broadly approving the proposal under the consultation procedure, subject to a number of amendments which took account of the text of the political agreement reached by the Council on 19 November 2004:
\n- approval of 'host' research organisations should not be granted for an unlimited period, but instead for a renewable period of 5 years. However, Member States may grant approval for a longer period;
\n- to guard against abuses, research organisations should be required to bear any costs arising from unlawful stays by researchers for a period of 6 months after the expiry of the agreement;
\n- to simplify administrative formalities, Member States should issue a residence permit for the duration of the hosting agreement rather than issuing it for one year at a time and renewing it;
\n- whereas the Council wanted certain measures on family reunification to be optional for Member States, such as the right for direct family members (spouse or partner, children under 21 or dependent parents) to join the researcher, the committee added a new Article 7a making such provisions mandatory. It added that the host Member State should be free to apply more favourable conditions;
\n- as mobility is an essential factor in the transfer of knowledge and formation of scientists’ networks, the visa holder should be allowed to conduct part of his/her research work in another Member State. However if the researcher wishes to stay there for more than three months, the second Member State may require a new hosting agreement.
\n \n\nThe European\n Parliament adopted a resolution\n drafted by Vincent PEILLON (PES, FR) broadly approving the proposal with some\n amendments. (Please see the summary of 16/03/05.) The\n amendments adopted aim mainly to create more favourable conditions for family\n reunification for foreign researchers working in the Union. To make the\n administrative formalities easier, Parliament proposed to bring the duration\n for which the residence visa is granted into line with the duration of the\n agreement between the researcher to a research body (instead of a duration\n equal to or more than one year, with the option of annual renewal, as the\n Commission proposed). Parliament set an upper limit of five years on the\n accreditation of research bodies entitled to provide host conventions to\n foreign researchers (which may be extended by 30 days at the request of the\n person concerned) and made such bodies financially responsible if the\n researcher remains illegally in the territory once the convention has\n expired. During the period of validity of his residence permit, the\n researcher may apply for a new hosting agreement in the same or another Member State . The new application shall be treated by a simplified procedure, which does\n not include examination of the condition stipulated in Article 5(2)(a)(ii),\n provided that the initial research organisation provides written confirmation\n that the work has been carried out satisfactorily up to the time of\n submission of the new application.
Finally,\n Parliament stipulated that the Commission should produce a report every two\n years.
\nPURPOSE : to contribute to the achievement of the Lisbon objectives by\n making it easier for researchers easier to enter and move within the\n Community, in order to increase the attractiveness of the Community for\n researchers throughout the world.
LEGISLATIVE\n ACT : Council Directive 2005/71/EC on a specific\n procedure for admitting third-country nationals for the purposes of\n scientific research
CONTENT : The Council adopted a Directive on a specific procedure for\n admitting third-country nationals for purposes of scientific research and a\n Recommendation to facilitate the admission of third-country nationals to\n carry out scientific research in the EU. The Directive and the Recommendation\n are completed by a third text: a Recommendation to facilitate the issue by\n Member States of uniform short-stay visas for researchers from third countries,\n which was adopted by the Council on 18 July 2005
The Directive\n lays down the conditions for the admission of third-country researchers to\n the
Member States\n for more than three months for the purposes of carrying out a research\n project under hosting agreements with research organisations.
The aim of the\n Directive is to foster the admission and mobility for research purposes of\n third country nationals in order to make the EU more attractive to\n researchers from around the world and to boost its position as an\n international centre for research.
The main\n elements of the directive are as follows:
Conditions\n for admission: the directive makes provisions for\n an accelerated admissions procedure for researchers from third countries. The specific procedure for researchers is based on collaboration\n between the research organisations and the immigration authorities in the\n Member States: it gives the former a key role in the admission procedure with\n a view to facilitating and speeding up the entry and residence of\n third-country researchers in the Community while preserving Member States’\n prerogatives with respect to immigration policing. Researchers are no longer\n required to produce a work permit in addition to a residence permit.
Hosting\n agreement: A research organisation wishing to\n host a researcher signs a hosting agreement with the latter whereby the\n researcher undertakes to complete the research project and the organisation\n undertakes to host the researcher for that purpose. Research organisations\n may sign hosting agreements only if the following conditions are met: the\n research project has been accepted by the relevant authorities in the\n organisation; during his/her stay the researcher has sufficient monthly resources\n to meet his/her expenses and return travel costs; during his/her stay the\n researcher has sickness insurance for all the risks normally covered for\n nationals of the Member State concerned; the hosting agreement specifies the\n legal relationship and working conditions of the researchers.
Equal\n treatment and mobility between Member States: Holders of a residence permit shall be\n entitled to equal treatment with nationals as regards: recognition of\n diplomas, certificates and other professional qualifications in accordance\n with the relevant national procedures; working conditions, including pay and\n dismissal; branches of social security; tax benefits; and access to goods and\n services and the supply of goods and services made available to the public. A\n third-country national who has been admitted as a researcher will be allowed\n to carry out part of his/her research in another Member State under the\n conditions set out in the Directive.
Applications\n for residence permits: Member States are\n encouraged to authorise third country researchers who are already legally in\n their territory to present an application for a residence permit for research\n directly to the authorities without having to return to their country of\n origin.
ENTRY INTO\n FORCE: 23/11/2005.
TRANSPOSITION : 12/10/2007.
\nEP: decision of the committee responsible, 1st reading/single reading
\n\n
The committee adopted the report by Vincent PEILLON (PES, FR) broadly approving the proposal under the consultation procedure, subject to a number of amendments which took account of the text of the political agreement reached by the Council on 19 November 2004:
\n- approval of 'host' research organisations should not be granted for an unlimited period, but instead for a renewable period of 5 years. However, Member States may grant approval for a longer period;
\n- to guard against abuses, research organisations should be required to bear any costs arising from unlawful stays by researchers for a period of 6 months after the expiry of the agreement;
\n- to simplify administrative formalities, Member States should issue a residence permit for the duration of the hosting agreement rather than issuing it for one year at a time and renewing it;
\n- whereas the Council wanted certain measures on family reunification to be optional for Member States, such as the right for direct family members (spouse or partner, children under 21 or dependent parents) to join the researcher, the committee added a new Article 7a making such provisions mandatory. It added that the host Member State should be free to apply more favourable conditions;
\n- as mobility is an essential factor in the transfer of knowledge and formation of scientists’ networks, the visa holder should be allowed to conduct part of his/her research work in another Member State. However if the researcher wishes to stay there for more than three months, the second Member State may require a new hosting agreement.
\n \n\nThe European\n Parliament adopted a resolution\n drafted by Vincent PEILLON (PES, FR) broadly approving the proposal with some\n amendments. (Please see the summary of 16/03/05.) The\n amendments adopted aim mainly to create more favourable conditions for family\n reunification for foreign researchers working in the Union. To make the\n administrative formalities easier, Parliament proposed to bring the duration\n for which the residence visa is granted into line with the duration of the\n agreement between the researcher to a research body (instead of a duration\n equal to or more than one year, with the option of annual renewal, as the\n Commission proposed). Parliament set an upper limit of five years on the\n accreditation of research bodies entitled to provide host conventions to\n foreign researchers (which may be extended by 30 days at the request of the\n person concerned) and made such bodies financially responsible if the\n researcher remains illegally in the territory once the convention has\n expired. During the period of validity of his residence permit, the\n researcher may apply for a new hosting agreement in the same or another Member State . The new application shall be treated by a simplified procedure, which does\n not include examination of the condition stipulated in Article 5(2)(a)(ii),\n provided that the initial research organisation provides written confirmation\n that the work has been carried out satisfactorily up to the time of\n submission of the new application.
Finally,\n Parliament stipulated that the Commission should produce a report every two\n years.
\nPURPOSE : to contribute to the achievement of the Lisbon objectives by\n making it easier for researchers easier to enter and move within the\n Community, in order to increase the attractiveness of the Community for\n researchers throughout the world.
LEGISLATIVE\n ACT : Council Directive 2005/71/EC on a specific\n procedure for admitting third-country nationals for the purposes of\n scientific research
CONTENT : The Council adopted a Directive on a specific procedure for\n admitting third-country nationals for purposes of scientific research and a\n Recommendation to facilitate the admission of third-country nationals to\n carry out scientific research in the EU. The Directive and the Recommendation\n are completed by a third text: a Recommendation to facilitate the issue by\n Member States of uniform short-stay visas for researchers from third countries,\n which was adopted by the Council on 18 July 2005
The Directive\n lays down the conditions for the admission of third-country researchers to\n the
Member States\n for more than three months for the purposes of carrying out a research\n project under hosting agreements with research organisations.
The aim of the\n Directive is to foster the admission and mobility for research purposes of\n third country nationals in order to make the EU more attractive to\n researchers from around the world and to boost its position as an\n international centre for research.
The main\n elements of the directive are as follows:
Conditions\n for admission: the directive makes provisions for\n an accelerated admissions procedure for researchers from third countries. The specific procedure for researchers is based on collaboration\n between the research organisations and the immigration authorities in the\n Member States: it gives the former a key role in the admission procedure with\n a view to facilitating and speeding up the entry and residence of\n third-country researchers in the Community while preserving Member States’\n prerogatives with respect to immigration policing. Researchers are no longer\n required to produce a work permit in addition to a residence permit.
Hosting\n agreement: A research organisation wishing to\n host a researcher signs a hosting agreement with the latter whereby the\n researcher undertakes to complete the research project and the organisation\n undertakes to host the researcher for that purpose. Research organisations\n may sign hosting agreements only if the following conditions are met: the\n research project has been accepted by the relevant authorities in the\n organisation; during his/her stay the researcher has sufficient monthly resources\n to meet his/her expenses and return travel costs; during his/her stay the\n researcher has sickness insurance for all the risks normally covered for\n nationals of the Member State concerned; the hosting agreement specifies the\n legal relationship and working conditions of the researchers.
Equal\n treatment and mobility between Member States: Holders of a residence permit shall be\n entitled to equal treatment with nationals as regards: recognition of\n diplomas, certificates and other professional qualifications in accordance\n with the relevant national procedures; working conditions, including pay and\n dismissal; branches of social security; tax benefits; and access to goods and\n services and the supply of goods and services made available to the public. A\n third-country national who has been admitted as a researcher will be allowed\n to carry out part of his/her research in another Member State under the\n conditions set out in the Directive.
Applications\n for residence permits: Member States are\n encouraged to authorise third country researchers who are already legally in\n their territory to present an application for a residence permit for research\n directly to the authorities without having to return to their country of\n origin.
ENTRY INTO\n FORCE: 23/11/2005.
TRANSPOSITION : 12/10/2007.
\n