A6-0054/2005
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EUROPEAN PARLIAMENT 2004 2009 Session document FINAL A6-0054/2005 1.4.2005 * and ***I REPORT 1. on the proposal for a Council directive on a specific procedure for admitting third-country nationals for purposes of scientific research (COM(2004)0178 – C6-0011/2004 – 2004/0061(CNS)) 2. on the proposal for a Council recommendation to facilitate the admission of third-country nationals to carry out scientific research in the European Community (COM(2004)0178 – C6-0012/2004 – 2004/0062(CNS)) 3. 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(CNS)) Committee on Civil Liberties, Justice and Home Affairs Rapporteur: Vincent Peillon RR\562043EN.doc PE 350.188v03-00 EN EN PR_CNS_title4am PR_COD_1am Symbols for procedures * Consultation procedure majority of the votes cast **I Cooperation procedure (first reading) majority of the votes cast **II Cooperation procedure (second reading) majority of the votes cast, to approve the common position majority of Parliament’s component Members, to reject or amend the common position *** Assent procedure majority of Parliament’s component Members except in cases covered by Articles 105, 107, 161 and 300 of the EC Treaty and Article 7 of the EU Treaty ***I Codecision procedure (first reading) majority of the votes cast ***II Codecision procedure (second reading) majority of the votes cast, to approve the common position majority of Parliament’s component Members, to reject or amend the common position ***III Codecision procedure (third reading) majority of the votes cast, to approve the joint text (The type of procedure depends on the legal basis proposed by the Commission) Amendments to a legislative text In amendments by Parliament, amended text is highlighted in bold italics. Highlighting in normal italics is an indication for the relevant departments showing parts of the legislative text for which a correction is proposed, to assist preparation of the final text (for instance, obvious errors or omissions in a given language version). These suggested corrections are subject to the agreement of the departments concerned. PE 350.188v03-00 2/57 RR\562043EN.doc EN CONTENTS Page 1. DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION............................. 5 2. DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION........................... 19 3. DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION........................... 22 EXPLANATORY STATEMENT............................................................................................ 25 OPINION OF THE COMMITTEE ON INDUSTRY, RESEARCH AND ENERGY............ 29 OPINION OF THE COMMITTEE ON INDUSTRY, RESEARCH AND ENERGY............ 44 OPINION OF THE COMMITTEE ON INDUSTRY, RESEARCH AND ENERGY............ 48 PROCEDURE .......................................................................................................................... 52 RR\562043EN.doc 3/57 PE 350.188v03-00 EN PE 350.188v03-00 4/57 RR\562043EN.doc EN 1. DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION on the proposal for a Council directive on a specific procedure for admitting third- country nationals for purposes of scientific research (COM(2004)0178 – C6-0011/2004 – 2004/0061(CNS)) (Consultation procedure) The European Parliament, – having regard to the Commission proposal (COM(2004)0178)1, – having regard to Article 63(3)(a) and (4) of the EC Treaty, – having regard to Article 67 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0011/2004), – 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 alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty; 3. Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; 4. Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; 5. Instructs its President to forward its position to the Council and Commission. Text proposed by the Commission Amendments by Parliament Amendment 1 Recital 4 (4) The number of researchers which the (4) The number of researchers which the Community will need to meet the target set Community will need by 2010 to meet the by the Barcelona European Council of 3% target set by the Barcelona European of GDP invested in research is estimated at Council of 3% of GDP invested in research 700 000. This target must be met through a is estimated at 700 000. This target must be 1 OJ C ... / Not yet published in OJ. RR\562043EN.doc 5/57 PE 350.188v03-00 EN series of interlocking measures such as met through a series of interlocking making scientific careers more attractive to measures such as making scientific careers young people, extending the opportunities more attractive to young people, for training and mobility in research, promoting women's involvement in improving the career prospects for scientific research, extending the researchers in the Community and opening opportunities for training and mobility in the Community up to third-country research, improving the career prospects nationals who could potentially be for researchers in the Community and admitted for research purposes. opening the Community up to third- country nationals who could potentially be admitted for research purposes. Justification The number of female researchers is still far lower (less than 50% Community-wide) than that of male researchers, particularly in the field of science, despite the fact that among people under 30 years of age there are more female than male graduates. Women are hampered by barriers that need to be combated in order to ensure that they are better represented in scientific posts and decision-making bodies. Amendment 2 Recital 5 (5) This Directive is intended to contribute (5) This Directive is intended to contribute to achieving these goals by fostering the to achieving these goals by fostering the admission and mobility for research admission and mobility for research purposes of third-country nationals for stays purposes of third-country nationals for stays of more than three months, in order to make of more than three months, in order to make the Community more attractive to the Community more attractive to researchers from around the world and to researchers from around the world, boost its position as an international centre especially those with the highest for research. qualifications, and to boost its position as an international centre for research. Justification If the EU is to compete successfully with its main competitors on the world stage in the field of research, it will have to create conditions that will motivate highly qualified scientists from the US and other non-European countries to carry out their research activities in Europe. Amendment 3 Recital 12 (12) It is important to foster the mobility of (12) It is important to foster the mobility of researchers as a means of developing and third-country nationals admitted for the PE 350.188v03-00 6/57 RR\562043EN.doc EN consolidating contacts and networks purposes of carrying out scientific research between partners at world level. in the European Union as a means of developing and consolidating contacts and networks between partners and establishing the role of the European Research Area (ERA) at world level. Justification It is essential to stress the importance of mobility and the necessary link to the European Research Area. The latter has to 'earn' its role and meaning at world level and has to be seen as a pole for quality research. Amendment 4 Recital 12 a (new) (12a) Given that family reunification is an essential factor in - and may indeed by a precondition for - mobility among researchers, it should be made easier for researchers' families to join them, so as to maintain family unity. Justification Family reunification is an extremely important factor for researchers from third countries who are planning to settle in Europe. Difficulties involved in bringing their families over are a major obstacle to researchers’ mobility and may lead them to opt for a different destination. It is therefore essential to make it easier for family members of researchers admitted into the European Union to enter the territory and reside there. Amendment 5 Recital 14 a (new) (14a) In view of the restrictions on access to the labour market affecting some EU citizens during existing transitional periods, full exemption from these restrictions should be sought for researchers who go to other EU Member States in order to carry out research. Justification The Directive could lead to less favourable treatment of EU citizens - namely researchers RR\562043EN.doc 7/57 PE 350.188v03-00 EN from the new Member States - compared to third country nationals. It is therefore necessary to express the hope that Member States which have chosen to introduce restrictions on access to their labour markets (this also includes certain 'new' Member States which have introduced restrictions against the 'old' States under the principle of reciprocity) will exempt researchers going to other EU States to carry out research work from these