Directive 2004/114 - Conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service - Main contents
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official title
Council Directive 2004/114/EC 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| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2004/114 |
| Original proposal | COM(2002)548  |
| CELEX number i | 32004L0114 |
| Document | 13-12-2004 |
|---|---|
| Publication in Official Journal | 07-06-2006; Special edition in Croatian: Chapter 19 Volume 012,OJ L 375, 23.12.2004,Special edition in Bulgarian: Chapter 19 Volume 007,Special edition in Romanian: Chapter 19 Volume 007,OJ L 153M , 7.6.2006 |
| Effect | 12-01-2005; Entry into force Date pub. + 20 See Art 25 |
| End of validity | 23-05-2018; Repealed and replaced by 32016L0801 |
| Transposition | 11-01-2007; At the latest See Art 22 |
23.12.2004 |
EN |
Official Journal of the European Union |
L 375/12 |
COUNCIL DIRECTIVE 2004/114/EC
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
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular points (3)(a) and (4) of the first subparagraph of Article 63 thereof,
Having regard to the proposal from the Commission,
Having regard to the Opinion of the European Parliament (1),
Having regard to the Opinion of the European Economic and Social Committee (2),
Having regard to the Opinion of the Committee of the Regions (3),
Whereas:
(1) |
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. |
(2) |
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. |
(3) |
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. |
(4) |
This Directive respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union. |
(5) |
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. |
(6) |
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. |
(7) |
Migration for the purposes set out in this Directive, which is by definition temporary and does not depend on the labour-market situation in the host country, 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. |
(8) |
The term admission covers the entry and residence of third-country nationals for the purposes set out in this Directive. |
(9) |
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.). |
(10) |
The duration and other conditions of preparatory courses for students covered by the present Directive should be determined by Member States in accordance with their national legislation. |
(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... |
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