Directive 2005/71 - Specific procedure for admitting third-country nationals for the purposes of scientific research

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Contents

  1. Current status
  2. Key information
  3. Key dates
  4. Legislative text
  5. Original proposal
  6. Sources and disclaimer
  7. Full version
  8. EU Monitor

1.

Current status

This directive was in effect from November 23, 2005 until May 23, 2018 and should have been implemented in national regulation on October 12, 2007 at the latest.

2.

Key information

official title

Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research
 
Legal instrument Directive
Number legal act Directive 2005/71
Original proposal COM(2004)178 EN
CELEX number63 32005L0071

3.

Key dates

Document 12-10-2005
Publication in Official Journal 03-11-2005; OJ L 289, 3.11.2005,Special edition in Croatian: Chapter 19 Volume 003,Special edition in Romanian: Chapter 19 Volume 007,Special edition in Bulgarian: Chapter 19 Volume 007
Effect 23-11-2005; Entry into force Date pub. + 20 See Art 20
End of validity 23-05-2018; Repealed and replaced by 32016L0801
Transposition 12-10-2007; At the latest See Art 17

4.

Legislative text

3.11.2005   

EN

Official Journal of the European Union

L 289/15
 

COUNCIL DIRECTIVE 2005/71/EC

of 12 October 2005

on a specific procedure for admitting third-country nationals for the purposes of scientific research

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 63(3)(a) and (4) 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)

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.
 

(2)

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

(3)

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

(4)

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 700 000. This target is to be met through a series of interlocking measures, such as making scientific careers more attractive to young people, promoting women’s 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.
 

(5)

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.
 

(6)

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.
 

(7)

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.
 

(8)

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.
 

(9)

As the effort to be made to achieve the said 3 % target largely concerns the private sector, which must therefore recruit more researchers in the years to come, the research organisations potentially eligible under this Directive belong to both the public and private sectors.
 

(10)

Each Member State should ensure that the most comprehensive information possible, regularly kept up to date, is made publicly available, via the Internet in...


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This text has been adopted from EUR-Lex.

5.

Original proposal

 

6.

Sources and disclaimer

For further information you may want to consult the following sources that have been used to compile this dossier:

This dossier is compiled each night drawing from aforementioned sources through automated processes. We have invested a great deal in optimising the programming underlying these processes. However, we cannot guarantee the sources we draw our information from nor the resulting dossier are without fault.

 

7.

Full version

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The full version is available for registered users of the EU Monitor by ANP and PDC Informatie Architectuur.

8.

EU Monitor

The EU Monitor enables its users to keep track of the European process of lawmaking, focusing on the relevant dossiers. It automatically signals developments in your chosen topics of interest. Apologies to unregistered users, we can no longer add new users.This service will discontinue in the near future.

  • 1. 
    See Article 21 of the Proposal for a Council Directive on the conditions of entry and residence of third country nationals for the purposes of studies, vocational training or voluntary service (COM(2002)548, 7 October 2002; OJ C 45, 25 February 2003, p. 40).

     
  • 2. 
    Commission communication More Research for Europe: towards 3% of GDP (COM(2002)499) and Commission staff working paper in support of this Communication (SEC(2002)929) of 11 September 2002.

     
  • 3. 
    Commission communication More Research for Europe: towards 3% of GDP (COM(2002)499) and Commission staff working paper in support of this Communication (SEC(2002)929) of 11 September 2002.

     
  • 4. 
    i.e. a Masters degree within the meaning of the term under the Bologna process on the harmonisation of studies in Europe.

     
  • 5. 
    COM(1996)462, 2 October 1996, p. 11.

     
  • 6. 
    Except, however, for the status of doctoral student, which would be outside the scope of this initiative.

     
  • 7. 
    Article 14 ff.

     
  • 8. 
    europa.eu.int/eracareers/ index_en.cfm.

     
  • 9. 
    COM(1996)462, 2 October 1996, p. 11.

     
  • 10. 
    2002 edition, p. 30.

     
  • 11. 
    This is systematic work, drawing on existing knowledge gained from research and/or practical experience, which is directed to producing new materials, products or devices, to installing new processes, systems and services, or to improving substantially those already produced or installed (Frascati Manual, p. 30).

     
  • 12. 
    COM(2002) 548 (OJ C 45, 25.2.2003, p. 18).

     
  • 13. 
    Proof of departure may, for example, be the third-country national's presenting himself to the Member State's diplomatic or consular authorities in his country of origin, an aircraft boarding card, a copy of the researcher's passport showing the exit stamp affixed at the external border, etc.

     
  • 14. 
    COM(1996)462, 2 October 1996, p. 11.

     
  • 15. 
    See Article 21 of the Proposal for a Council Directive on the conditions of entry and residence of third country nationals for the purposes of studies, vocational training or voluntary service (COM(2002)548, 7 October 2002; OJ C 45, 25 February 2003, p. 40).

     
  • 16. 
    i.e. a Masters degree within the meaning of the term under the Bologna process on the harmonisation of studies in Europe.

     
  • 17. 
    Directive 2003/86 of 22 September 2003 on the right to family reunification (OJ L 251, 3.10.2003, p. 12) and Council Directive 2003/109 of 25 November 2003 concerning the status of third-country nationals who are long-term residents (OJ L 16 of 23.01.2004, p. 44).

     
  • 18. 
    COM(1996)462, 2 October 1996, p. 11.

     
  • 19. 
    OJ C
     
  • 20. 
    OJ C
     
  • 21. 
    OJ C
     
  • 22. 
    COM(2000) 6, 18.1.2000.

     
  • 23. 
    OJ L 232, 29.8.2002, p. 1.

     
  • 24. 
    OJ C 45, 25.2.2003. p. 18.

     
  • 25. 
    See Article 21 of the Proposal for a Council Directive on the conditions of entry and residence of third country nationals for the purposes of studies, vocational training or voluntary service (COM(2002)548, 7 October 2002; OJ C 45, 25 February 2003, p. 40).

     
  • 26. 
    OJ L 157, 15.6.2002, p. 1.

     
  • 27. 
    i.e. a Masters degree within the meaning of the term under the Bologna process on the harmonisation of studies in Europe.

     
  • 28. 
    COM(1996)462, 2 October 1996, p. 11.

     
  • 29. 
    See Article 21 of the Proposal for a Council Directive on the conditions of entry and residence of third country nationals for the purposes of studies, vocational training or voluntary service (COM(2002)548, 7 October 2002; OJ C 45, 25 February 2003, p. 40).

     
  • 30. 
    See Article 21 of the Proposal for a Council Directive on the conditions of entry and residence of third country nationals for the purposes of studies, vocational training or voluntary service (COM(2002)548, 7 October 2002; OJ C 45, 25 February 2003, p. 40).

     
  • 31. 
    i.e. a Masters degree within the meaning of the term under the Bologna process on the harmonisation of studies in Europe.

     
  • 32. 
    See Article 21 of the Proposal for a Council Directive on the conditions of entry and residence of third country nationals for the purposes of studies, vocational training or voluntary service (COM(2002)548, 7 October 2002; OJ C 45, 25 February 2003, p. 40).

     
  • 33. 
    Commission communication More Research for Europe: towards 3% of GDP (COM(2002)499) and Commission staff working paper in support of this Communication (SEC(2002)929) of 11 September 2002.

     
  • 34. 
    Commission communication More Research for Europe: towards 3% of GDP (COM(2002)499) and Commission staff working paper in support of this Communication (SEC(2002)929) of 11 September 2002.

     
  • 35. 
    i.e. a Masters degree within the meaning of the term under the Bologna process on the harmonisation of studies in Europe.

     
  • 36. 
    COM(1996)462, 2 October 1996, p. 11.

     
  • 37. 
    Except, however, for the status of doctoral student, which would be outside the scope of this initiative.

     
  • 38. 
    Article 14 ff.

     
  • 39. 
    europa.eu.int/eracareers/ index_en.cfm.

     
  • 40. 
    COM(1996)462, 2 October 1996, p. 11.

     
  • 41. 
    2002 edition, p. 30.

     
  • 42. 
    This is systematic work, drawing on existing knowledge gained from research and/or practical experience, which is directed to producing new materials, products or devices, to installing new processes, systems and services, or to improving substantially those already produced or installed (Frascati Manual, p. 30).

     
  • 43. 
    COM(2002) 548 (OJ C 45, 25.2.2003, p. 18).

     
  • 44. 
    Proof of departure may, for example, be the third-country national's presenting himself to the Member State's diplomatic or consular authorities in his country of origin, an aircraft boarding card, a copy of the researcher's passport showing the exit stamp affixed at the external border, etc.

     
  • 45. 
    COM(1996)462, 2 October 1996, p. 11.

     
  • 46. 
    See Article 21 of the Proposal for a Council Directive on the conditions of entry and residence of third country nationals for the purposes of studies, vocational training or voluntary service (COM(2002)548, 7 October 2002; OJ C 45, 25 February 2003, p. 40).

     
  • 47. 
    i.e. a Masters degree within the meaning of the term under the Bologna process on the harmonisation of studies in Europe.

     
  • 48. 
    Directive 2003/86 of 22 September 2003 on the right to family reunification (OJ L 251, 3.10.2003, p. 12) and Council Directive 2003/109 of 25 November 2003 concerning the status of third-country nationals who are long-term residents (OJ L 16 of 23.01.2004, p. 44).

     
  • 49. 
    COM(1996)462, 2 October 1996, p. 11.

     
  • 50. 
    OJ C
     
  • 51. 
    OJ C
     
  • 52. 
    OJ C
     
  • 53. 
    COM(2000) 6, 18.1.2000.

     
  • 54. 
    OJ L 232, 29.8.2002, p. 1.

     
  • 55. 
    OJ C 45, 25.2.2003. p. 18.

     
  • 56. 
    See Article 21 of the Proposal for a Council Directive on the conditions of entry and residence of third country nationals for the purposes of studies, vocational training or voluntary service (COM(2002)548, 7 October 2002; OJ C 45, 25 February 2003, p. 40).

     
  • 57. 
    OJ L 157, 15.6.2002, p. 1.

     
  • 58. 
    i.e. a Masters degree within the meaning of the term under the Bologna process on the harmonisation of studies in Europe.

     
  • 59. 
    COM(1996)462, 2 October 1996, p. 11.

     
  • 60. 
    See Article 21 of the Proposal for a Council Directive on the conditions of entry and residence of third country nationals for the purposes of studies, vocational training or voluntary service (COM(2002)548, 7 October 2002; OJ C 45, 25 February 2003, p. 40).

     
  • 61. 
    See Article 21 of the Proposal for a Council Directive on the conditions of entry and residence of third country nationals for the purposes of studies, vocational training or voluntary service (COM(2002)548, 7 October 2002; OJ C 45, 25 February 2003, p. 40).

     
  • 62. 
    i.e. a Masters degree within the meaning of the term under the Bologna process on the harmonisation of studies in Europe.

     
  • 63. 
    Deze databank van de Europese Unie biedt de mogelijkheid de actuele werkzaamheden (workflow) van de Europese instellingen (Europees Parlement, Raad, ESC, Comité van de Regio's, Europese Centrale Bank, Hof van Justitie enz.) te volgen. EURlex volgt alle voorstellen (zoals wetgevende en begrotingsdossiers) en mededelingen van de Commissie, vanaf het moment dat ze aan de Raad of het Europees Parlement worden voorgelegd.
     
  • 64. 
    EUR-lex provides an overview of the proposal, amendments, citations and legality.