European Parliament legislative resolution on the proposal for a European Parliament and Council recommendation to facilitate the issue by the Member States of uniform short-stay visas for researchers from third countries travelling within the European Community for the purpose of carrying out scientific research (COM(2004)0178 – C6-0013/2004 – 2004/0063(COD))
(Codecision procedure: first reading)
The European Parliament,
– having regard to the Commission proposal to the European Parliament and the Council (COM(2004)0178)(1),
– having regard to Article 251(2) and Article 62(2)(b)(ii) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0013/2004),
– having regard to Rule 51 of its Rules of Procedure,
– having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Industry, Research and Energy (A6-0054/2005),
1. Approves the Commission proposal as amended;
2. Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;
3. Instructs its President to forward its position to the Council and Commission.
Position of the European Parliament adopted at first reading on 12 April 2005 with a view to the adoption of European Parliament and Council Recommendation 2005/.../EC to facilitate the issue by the Member States of uniform short-stay visas for researchers from third countries travelling within the European Community for the purpose of carrying out scientific research
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 62(2)(b)(ii) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee(1),
Acting in accordance with the procedure laid down in Article 251 of the Treaty(2),
Whereas:
(1) With a view to consolidating and restructuring European research policy the Commission decided in January 2000 that it was necessary to create a European research area as the centrepiece of future action by the Community in this area.
(2) The Lisbon European Council, endorsing the European research area, set the Community the target of becoming the most competitive and dynamic knowledge-based economy in the world by the year 2010.
(3) The globalisation of the economy calls for greater mobility for researchers, which was recognised by the European Community's sixth Framework Programme for Research when it opened up to an even greater extent its programmes to researchers from third countries.
(4) The number of researchers which the Community will need if it is to meet the target set by the Barcelona European Council of investing 3% of GDP in research is put at 700 000. This target must 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, increasing the opportunities for training and mobility in research, improving career prospects for researchers within the Community and opening up the Community to third-country nationals who might be allowed to enter and travel within the common area for the purposes of research.
(5) In order to be competitive and attractive at international level, Member States should take the necessary steps to facilitate the entry into and movement of researchers within the Community for short periods.
(6) For short stays, Member States should undertake to consider researchers from third countries subject to a visa requirement under Regulation (EC) No 539/2001(3) as persons acting in good faith and extend to them the advantages provided for in the acquis for the purpose of the procedures for issuing short-stay visas.
(7) Measures should be taken to encourage the exchange of information and best practice in order to improve the procedures for issuing short-stay visas for researchers.
(8) This recommendation respects fundamental rights and complies with the principles laid down in, for example, the Charter of Fundamental Rights of the European Union.
(9) 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 the European Community, Denmark will not take part in the adoption of this recommendation and is therefore not affected by it. However, because this recommendation seeks to build upon the Schengen acquis, under the provisions of Part Three, Title IV of the Treaty establishing the European Community, Article 5 of the Protocol applies.
(10) This recommendation builds on the Schengen acquis, which the United Kingdom does not take part in, in accordance with Article 4 and 5 of the Protocol integrating the Schengen acquis into the framework of the European Union, annexed to the Treaty on European Union and the Treaty establishing the European Community, with the result that the United Kingdom will not take part in the adoption of this recommendation and is not affected by it.
(11) This recommendation builds on the Schengen acquis, which Ireland does not take part in, in accordance with Article 4 and 5 of the Protocol integrating the Schengen acquis into the framework of the European Union, annexed to the Treaty on European Union and the Treaty establishing the European Community, with the result that Ireland will not take part in the adoption of this recommendation and is not affected by it.
(12) In the case of the Republic of Iceland and the Kingdom of Norway, this recommendation is a further development of the provisions of the Schengen acquis, which falls within the area referred to in point B of Article 1 of the Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis(4).
(13) This recommendation constitutes an act building upon the Schengen acquis or otherwise related to it, within the meaning of Article 3(2) of the Act of Accession of 2003.
(14)This recommendation is also intended to provide a flexible formula for researchers who wish to maintain a professional link with an organisation of their country of origin (e.g. by spending periods of up to three months every semester in a European host research organisation located in the common area while continuing to work the rest of the time in the research organisation of origin),
HEREBY RECOMMEND MEMBER STATES:
1. to facilitate the issue of visas by undertaking to expedite the examination of visa applications from researchers from third countries subject to a visa requirement under Regulation (EC) No 539/2001.
2. to promote the international mobility of researchers from third countries needing to travel frequently within the European Union by issuing them with multiple entry visas. When determining the period of validity of the visas, the Member States will take into account the duration of the research programmes in which the researchers are taking part.
3. to undertake to facilitate the adoption of a harmonised approach to the supporting evidence researchers are required to enclose with their visa application. They will consult the approved research organisations on this matter.
4. to encourage the issue of visas without administrative fees for researchers, in accordance with the rules laid down in the acquis.
5. to take account of the goal of facilitating the issue of visas to researchers from third countries when engaging in local consular cooperation, in order to promote the exchange of best practice.
6. to undertake to supply the Commission by ....(5) with information about best practices adopted to facilitate the issue of uniform visas for researchers, to enable it to evaluate the progress made. Having regard to whether the proposal for a directive on a specific procedure for admitting third-country nationals for purposes of scientific research has been adopted, and to the outcome of the evaluation, the possibility of incorporating the provisions of this Recommendation in an appropriate legally binding instrument will be examined.
1Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and whose nationals are exempt from that requirement (OJ L 81, 21.3.2001, p. 1). Regulation as last amended by Regulation (EC) No 453/2003 (OJ L 69, 13.3.2003, p. 10).