{"id":3605,"date":"2019-05-12T11:38:21","date_gmt":"2019-05-12T11:38:21","guid":{"rendered":"https:\/\/laweuro.com\/?p=3605"},"modified":"2019-05-12T11:38:21","modified_gmt":"2019-05-12T11:38:21","slug":"directive-eu-2016-801-of-the-european-parliament-and-of-the-council-of-11-may-2016-on-the-conditions-of-entry-and-residence-of-third-country-nationals-for-the-purposes-of-research-studies-training","status":"publish","type":"post","link":"https:\/\/laweuro.com\/?p=3605","title":{"rendered":"Directive (EU) 2016\/801 of the European Parliament and of the Council of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing"},"content":{"rendered":"\n\n\n
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21.5.2016<\/p>\n<\/td>\n

\n

EN<\/p>\n<\/td>\n

\n

Official Journal of the European Union<\/p>\n<\/td>\n

\n

L 132\/21<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

\n

DIRECTIVE (EU)\u00a02016\/801 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL<\/p>\n

of 11 May 2016<\/p>\n

on the conditions of entry and residence of third-country nationals for the purposes of\u00a0research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing<\/p>\n

(recast)<\/p>\n

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,<\/p>\n

Having regard to the Treaty\u00a0on the Functioning of the European\u00a0Union, and in particular points (a)\u00a0and (b)\u00a0of Article\u00a079(2)\u00a0thereof,<\/p>\n

Having regard to the proposal from the European\u00a0Commission,<\/p>\n

After transmission of the draft legislative act to the national parliaments,<\/p>\n

Having regard to the opinion of the European Economic and Social Committee\u00a0(1<\/span>),<\/p>\n

Having regard to the opinion of the Committee of the Regions\u00a0(2<\/span>),<\/p>\n

Acting in accordance with the ordinary legislative procedure\u00a0(3<\/span>),<\/p>\n

Whereas:<\/p>\n\n\n\n<\/colgroup>\n\n\n
\n

(1)<\/p>\n<\/td>\n

\n

A number of amendments are to be made to Council Directives\u00a02004\/114\/EC\u00a0(4<\/span>) and\u00a02005\/71\/EC\u00a0(5<\/span>). In the interests of clarity, those Directives should be recast.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(2)<\/p>\n<\/td>\n

\n

This Directive should respond to the need identified in the implementation reports on Directives\u00a02004\/114\/EC and\u00a02005\/71\/EC to remedy the identified weaknesses, to ensure increased transparency and legal certainty and to offer a coherent legal framework for different categories of third-country nationals coming to the Union. It should therefore simplify and streamline the existing provisions for those categories in a single instrument. Despite differences between the categories covered by this Directive, they also share a number of characteristics which makes it possible to address them through a common legal framework at Union level.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(3)<\/p>\n<\/td>\n

\n

This Directive should contribute to the Stockholm Programme’s aim of approximating national legislation on the conditions for entry and residence of third-country nationals. Immigration from outside the Union is one source of highly skilled people, and students and researchers are in particular increasingly sought after. They play an important role in forming the Union’s key asset, human capital, and in ensuring smart, sustainable and inclusive growth, and therefore contribute to the achievement of the objectives of the Europe\u00a02020 Strategy.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(4)<\/p>\n<\/td>\n

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The implementation reports on Directives\u00a02004\/114\/EC and\u00a02005\/71\/EC pointed out certain insufficiencies, mainly in relation to admission conditions, rights, procedural safeguards, students’ access to the labour market during their studies and intra-EU mobility provisions. Specific improvements were also considered necessary regarding the optional categories of third-country nationals. Subsequent wider consultations have also highlighted the need for better job-seeking possibilities for researchers and students\u00a0and better protection of au pairs who are not covered by Directives\u00a02004\/114\/EC and\u00a02005\/71\/EC.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
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(5)<\/p>\n<\/td>\n

\n

For the gradual establishment of an area of freedom, security and justice, the Treaty on the Functioning of the European\u00a0Union (TFEU) provides for measures to be adopted in the fields of asylum, immigration and the protection of the rights of third-country nationals.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(6)<\/p>\n<\/td>\n

\n

This Directive should also aim at fostering people-to-people contacts and mobility, as important elements of the Union’s external policy, notably vis-\u00e0-vis the countries of the European Neighbourhood Policy or the Union’s strategic partners. It should allow for a better contribution to the Global Approach to Migration and Mobility and its Mobility Partnerships which offer a concrete framework for dialogue and cooperation between the Member\u00a0States and third countries, including in facilitating and organising legal migration.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(7)<\/p>\n<\/td>\n

\n

Migration for the purposes set out in this Directive should promote the generation and acquisition of knowledge and skills. It constitutes a form of mutual enrichment for the migrants concerned, their country of origin and the Member\u00a0State concerned, while strengthening cultural links and enhancing cultural diversity.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(8)<\/p>\n<\/td>\n

\n

This Directive should promote the Union as an attractive location for research and innovation and advance it in the global competition for talent and, in so doing, lead to an increase in the Union’s overall competitiveness and growth rates while creating jobs that make a greater contribution to GDP growth. Opening the Union up to third-country nationals who may be admitted for the purpose of research is also part of the Innovation Union flagship initiative. Creating an open labour market for Union researchers and for researchers from third countries was also affirmed as a key aim of the European Research Area, a unified area in which researchers, scientific knowledge and technology circulate freely.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(9)<\/p>\n<\/td>\n

\n

It is appropriate to facilitate the admission of third-country nationals applying for the purpose of carrying out a research activity through\u00a0an admission procedure which does not depend on their legal relationship with the host research organisation and by no longer requiring a work permit in addition to an authorisation. This procedure should be based on collaboration between research organisations and the immigration authorities in Member\u00a0States. It should give the former a key role in the admission procedure with a view to facilitating and speeding up the entry of third-country nationals applying for the purpose of carrying out a research activity in the\u00a0Union while preserving Member\u00a0States’ prerogatives with respect to immigration\u00a0policy. Research organisations, which Member\u00a0States should have the possibility to approve in advance, should be able to sign\u00a0either\u00a0a hosting agreement or a contract\u00a0with a third-country national for the purpose of carrying out a research activity. Member\u00a0States should issue\u00a0an authorisation on the basis of the hosting agreement or the contract if the conditions for entry and residence are met.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(10)<\/p>\n<\/td>\n

\n

As the efforts to be made to achieve the target\u00a0of investing\u00a03 % of GDP in research\u00a0largely concern the private sector, this sector should be encouraged, where appropriate, to\u00a0recruit more researchers in the years to come.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(11)<\/p>\n<\/td>\n

\n

In order to make the\u00a0Union more attractive\u00a0for third-country nationals wishing to carry out a research activity in the Union, their family members, as defined in Council Directive\u00a02003\/86\/EC\u00a0(6<\/span>), should be allowed to accompany them and benefit from intra-EU mobility provisions. Those family members should have access to the labour market in the first Member\u00a0State and, in the case of long-term mobility, in the second Member\u00a0States, except in exceptional circumstances such as particularly high levels of unemployment where Member\u00a0States should retain the possibility to apply a test demonstrating that the post cannot be filled from within the domestic labour market for a period not exceeding\u00a012 months. With the exception of derogations provided for in this Directive, all the provisions of Directive\u00a02003\/86\/EC should apply, including grounds for rejection or withdrawal or refusal of renewal. Consequently, residence permits of family members could be withdrawn or their renewal refused if the authorisation of the researcher they are accompanying comes to an end and they do not enjoy any autonomous right of residence.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
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(12)<\/p>\n<\/td>\n

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Where appropriate, Member\u00a0States should be encouraged to treat doctoral candidates as researchers for the purposes of this Directive.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(13)<\/p>\n<\/td>\n

\n

Implementation of this Directive should not encourage a brain drain from emerging or developing countries. Measures to support researchers’ reintegration into their countries of origin should be taken in partnership with the countries of origin with a view to establishing a comprehensive migration policy.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
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(14)<\/p>\n<\/td>\n

\n

In order to promote Europe as a whole as a world centre of excellence for studies and training, the conditions for entry and residence of those who wish to come to the Union for these purposes should be improved and simplified. This is in line with the objectives of the agenda for the modernisation of Europe’s higher education systems, in particular within the context of the internationalisation of European higher education. The approximation of the Member\u00a0States’ relevant national legislation is part of this endeavour. In this context and in line with the Council conclusions on the modernisation of higher education\u00a0(7<\/span>), the term \u2018higher education\u2019 encompasses all tertiary institutions which may include, inter alia, universities, universities of applied science, institutes of technology, grandes \u00e9coles<\/span>, business schools, engineering schools, IUTs, colleges of higher education, professional schools, polytechnics and academies.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(15)<\/p>\n<\/td>\n

\n

The extension and deepening of the Bologna Process launched through the Bologna Joint Declaration of the European Ministers of Education of\u00a019 June\u00a01999 has led to more comparable, compatible and coherent systems of higher education in participating countries but also beyond them. This is because Member\u00a0States have supported the mobility of students and higher education institutions have integrated it in their curricula. This needs to be reflected through improved intra-EU mobility provisions for students. Making European higher education attractive and competitive is one of the objectives of the Bologna Declaration. The Bologna Process led to the establishment of the European Higher Education Area. Its three-cycle structure with easily readable programmes and degrees as well as the introduction of qualifications frameworks have made it more attractive for third-country nationals to study in Europe.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(16)<\/p>\n<\/td>\n

\n

The duration and other conditions of preparatory courses for students covered by this Directive should be determined by Member\u00a0States in accordance with their national law.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(17)<\/p>\n<\/td>\n

\n

Evidence of acceptance of a third-country national by a higher education institution could include, among other possibilities, a letter or certificate confirming enrolment.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(18)<\/p>\n<\/td>\n

\n

Third-country nationals who apply to be admitted as trainees should provide evidence of having obtained a higher education degree within the two years preceding the date of their application or of pursuing a course of study in a third country that leads to a higher education degree. They should also present a training agreement which contains a description of the training programme, its educational objective or learning components, its duration and the conditions under which the trainee will be supervised, proving that they will benefit from genuine training and not be used as normal workers. In addition, host entities may be required to substantiate that the traineeship does not replace a job. Where specific conditions already exist in national law, collective agreements or practices for trainees, Member\u00a0States should be able to require third-country nationals who apply to be admitted as trainees to meet those specific conditions.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(19)<\/p>\n<\/td>\n

\n

Trainee employees who come to work in the Union in the context of an intra-corporate transfer are not covered by this Directive, as they fall under the scope of Directive\u00a02014\/66\/EU of the European Parliament and of the Council\u00a0(8<\/span>).<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(20)<\/p>\n<\/td>\n

\n

This Directive should support the aims of the European Voluntary Service to develop solidarity, mutual understanding and tolerance among young people and the societies they live in, while contributing to strengthening social cohesion and promoting young people’s active citenship. In order to ensure access to the European Voluntary Service in a consistent manner across the Union, Member\u00a0States should apply the provisions of this Directive to third-country nationals applying for the purpose of European Voluntary Service.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(21)<\/p>\n<\/td>\n

\n

Member\u00a0States should have\u00a0the possibility to apply\u00a0the provisions of this Directive to school pupils, volunteers other than those under the European Voluntary Service and au pairs, in order to facilitate their entry and residence and ensure their rights.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(22)<\/p>\n<\/td>\n

\n

If Member\u00a0States decide to apply this Directive to school pupils, they are encouraged to ensure that the national admission procedure for teachers exclusively accompanying pupils within the framework of a pupil exchange scheme or an educational project is coherent with the procedure for school pupils provided for in this Directive.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(23)<\/p>\n<\/td>\n

\n

Au pairing contributes to fostering people-to-people contacts by giving third-country nationals an opportunity to improve their linguistic skills and develop their knowledge of and cultural links with the Member\u00a0States. At the same time, third-country national au pairs could be exposed to risks of abuse. In order to ensure fair treatment of au pairs and address their specific needs, it should be possible for Member\u00a0States to apply the provisions of this Directive regarding the entry and residence of au pairs<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(24)<\/p>\n<\/td>\n

\n

If third-country nationals can prove that they are in receipt of\u00a0resources throughout the period of their stay in the Member\u00a0State concerned that derive from a grant, a fellowship or a scholarship, a valid work contract, a binding job offer or a financial undertaking by a pupil exchange scheme organisation, an entity hosting trainees, a voluntary service scheme organisation, a host family or an organisation mediating au pairs, Member\u00a0States should take such resources\u00a0into account in assessing the availability of sufficient resources. Member\u00a0States should be able to lay down an indicative reference amount which they regard as constituting \u2018sufficient resources\u2019 that might vary for each one of the respective categories of third-country nationals.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(25)<\/p>\n<\/td>\n

\n

Member\u00a0States are encouraged to allow the applicant to present documents and information in an official language of the Union, other than their own official language or languages, determined by the Member\u00a0State concerned.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(26)<\/p>\n<\/td>\n

\n

Member\u00a0States should have the possibility to provide for an approval procedure for public or private research organisations or both wishing to host third-country national researchers or for higher education institutions wishing to host third-country national students. This approval should be in accordance with the procedures set out in the national law or administrative practice of the Member\u00a0State concerned. Applications to approved research organisations or higher education institutions should be facilitated and should speed up the entry of third-country nationals coming to the Union for the purpose of research or studies.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(27)<\/p>\n<\/td>\n

\n

Member\u00a0States should have the possibility to\u00a0provide for\u00a0an approval procedure for respective host entities wishing to host third-country national pupils, trainees or volunteers. Member\u00a0States should have the possibility to apply this procedure to some or all of the categories of the host entities. This approval should be in accordance with the procedures set out in the national law or administrative practice of the Member\u00a0State concerned. Applications to approved host entities should speed up the entry of third-country nationals coming to the Union for the purpose of training, voluntary service or pupil exchange schemes or educational projects.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(28)<\/p>\n<\/td>\n

\n

If Member\u00a0States establish approval procedures for host entities, they should be able to decide to either allow admission only through approved host entities or to establish an approval procedure while also allowing admission through non-approved host entities.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(29)<\/p>\n<\/td>\n

\n

This Directive should be without prejudice to the right of Member\u00a0States to issue authorisations for the purpose of studies, research or training other than those regulated by this Directive to third-country nationals who fall outside its scope.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(30)<\/p>\n<\/td>\n

\n

Once all the general and specific conditions for admission are fulfilled, Member\u00a0States should issue an authorisation, within specified time limits. If a Member\u00a0State issues residence permits only on its territory and all the conditions of this Directive relating to admission are fulfilled, the Member\u00a0State should grant the third-country national concerned\u00a0the requisite visa and should ensure that the competent authorities effectively cooperate for that purpose. In the event that the Member\u00a0State does not issue visas, it should grant the third-country national concerned an equivalent permit allowing entry.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(31)<\/p>\n<\/td>\n

\n

Authorisations should mention the status of the third-country national concerned. It should be possible for Member\u00a0States to indicate additional information in paper format or store it in electronic format, provided this does not amount to additional conditions.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(32)<\/p>\n<\/td>\n

\n

The different periods of duration of the authorisations under this Directive should reflect the specific nature of the stay of each category of third-country nationals covered by this Directive.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
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(33)<\/p>\n<\/td>\n

\n

Member\u00a0States should have the right to determine that the total duration of residence of students does not exceed the maximum duration of studies, as provided for in national law. In this respect, the maximum duration of studies could also include, if provided for by the national law of the Member\u00a0State concerned, the possible extension of studies for the purpose of repeating one or more years of studies.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
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(34)<\/p>\n<\/td>\n

\n

It should be possible for Member\u00a0States to charge applicants for handling\u00a0applications for authorisations and notifications. The level of the fees\u00a0should\u00a0not be disproportionate or excessive in order not to constitute an obstacle to the objectives of this Directive.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
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(35)<\/p>\n<\/td>\n

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The rights granted to third-country nationals\u00a0falling under the scope of this Directive should not depend on the form of\u00a0the\u00a0authorisation each Member\u00a0State issues.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(36)<\/p>\n<\/td>\n

\n

It should be possible to refuse admission for the purposes of this Directive on duly justified grounds. In particular, it should be possible\u00a0to refuse admission if\u00a0a Member\u00a0State\u00a0considers, on the basis of an assessment of the facts\u00a0in an individual case and taking into account the principle of proportionality, that the third-country national concerned is a potential threat to public policy, public security\u00a0or public health.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(37)<\/p>\n<\/td>\n

\n

The objective of this Directive is not to regulate the admission and residence of third-country nationals for the purpose of employment and it does not aim to harmonise national laws or practices with respect to workers’ status. It is possible, nevertheless, that in some Member\u00a0States specific categories of third-country nationals covered by this Directive are considered to be in an employment relationship on the basis of national law, collective agreements or practice. Where a Member\u00a0State considers third-country national researchers, volunteers, trainees or au pairs to be in an employment relationship, that Member\u00a0State should retain the right to determine volumes of admission of the category or categories concerned in accordance with Article\u00a079(5) TFEU.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(38)<\/p>\n<\/td>\n

\n

Where a third-country national researcher, volunteer, trainee or au pair applies to be admitted to enter into an employment relationship\u00a0in a Member\u00a0State, it should be possible for that Member\u00a0State to apply a test demonstrating that the post cannot be filled from within the domestic labour market.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(39)<\/p>\n<\/td>\n

\n

As regards students, volumes of admission should not apply since, even if they are allowed to work during their studies in accordance with the conditions provided for in this Directive, they seek admission to the territory of the Member\u00a0States to pursue as their main activity a full-time course of study which could encompass a compulsory training.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(40)<\/p>\n<\/td>\n

\n

Where, after having been admitted to the territory of the Member\u00a0State concerned, a researcher, volunteer, trainee or au pair applies to renew the authorisation to enter into or continue to be in an employment relationship in the Member\u00a0State concerned, with the exception of a researcher who continues the employment relationship with the same host entity, it should be possible for that Member\u00a0State to apply a test demonstrating that the post cannot be filled from within the domestic labour market.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(41)<\/p>\n<\/td>\n

\n

In case of doubts concerning the grounds of the application for admission, Member\u00a0States should be able to\u00a0carry out appropriate checks or require evidence in order to assess, on a case by case basis, the applicant’s intended research, studies, training, voluntary service, pupil exchange scheme or educational project or au pairing and fight against abuse and misuse of the procedure set out in this Directive.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(42)<\/p>\n<\/td>\n

\n

Where the information provided is incomplete, Member\u00a0States should inform the applicant within a reasonable period of the additional information that is required and set a reasonable deadline for providing it. Where additional information has not been provided within that deadline, the application could be rejected.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(43)<\/p>\n<\/td>\n

\n

National authorities should notify the applicant of the decision on the application. They should do so in writing as soon as possible and at the latest within the period specified in this Directive.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(44)<\/p>\n<\/td>\n

\n

This Directive aims to facilitate intra-EU mobility for researchers\u00a0and students, inter alia by reducing the administrative burden\u00a0related to mobility in several Member\u00a0States. For this purpose, this Directive sets up a specific intra-EU mobility scheme whereby a third-country national who holds an authorisation for the purpose of research or studies issued by the first Member\u00a0State is entitled to enter, stay and carry out part of the research activity or studies in one or several second Member\u00a0States in accordance with the provisions governing mobility under this Directive.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(45)<\/p>\n<\/td>\n

\n

In order to enable researchers to move easily from one research organisation to another for the purpose of research, their short-term mobility should cover stays in second Member\u00a0States for a period of up to\u00a0180 days in\u00a0any\u00a0360-day\u00a0period per Member\u00a0State. Long-term mobility for researchers should cover stays in one or several second Member\u00a0States for a period of more than\u00a0180 days per Member\u00a0State. Family members of researchers should be entitled to accompany the researcher during mobility. The procedure for their mobility should be aligned to that of the researcher they accompany.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(46)<\/p>\n<\/td>\n

\n

As regards students who are covered by Union or multilateral programmes or an agreement between two or more higher education institutions, in order to ensure continuity of their studies, this Directive should provide for mobility in one or several second Member\u00a0States for a period of up to\u00a0360 days per Member\u00a0State.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(47)<\/p>\n<\/td>\n

\n

Where a researcher or a student moves to a second Member\u00a0State on the basis of a notification procedure and a document is necessary to facilitate access to services and rights, it should be possible for the second Member\u00a0State to issue a document to attest that the researcher or the student is entitled to stay on the territory of that Member\u00a0State. Such a document should not constitute an additional condition to benefit from the rights provided for in this Directive and should only be of a declaratory nature.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(48)<\/p>\n<\/td>\n

\n

While the specific mobility scheme established by this Directive should set up autonomous rules regarding entry and stay for the purpose of research or studies in Member\u00a0States other than the one that issued the initial authorisation, all the other rules governing the movement of persons across borders as laid down in the relevant provisions of the Schengen acquis<\/span> should continue to apply.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(49)<\/p>\n<\/td>\n

\n

Where the authorisation is issued by a Member\u00a0State not applying the Schengen acquis<\/span> in full and the researcher, his or her family members or the student, in the framework of intra-EU mobility, crosses an external border within the meaning of Regulation (EU) 2016\/399 of the European Parliament and of the Council\u00a0(9<\/span>), a Member\u00a0State should be entitled to require evidence proving that the researcher or the student is moving to its territory for the purpose of research or studies or that the family members\u00a0are\u00a0moving to its territory for the purpose of accompanying the researcher in the framework of mobility. In addition, in case of crossing of an external border within the meaning of Regulation (EU) 2016\/399, the Member States applying the Schengen acquis<\/span> in full should consult the Schengen information system and should refuse entry or object to the mobility for persons for whom an alert for the purpose of refusing entry or stay, as referred to in Regulation (EC) No\u00a01987\/2006 of the European Parliament and of the Council\u00a0(10<\/span>), has been issued in that system.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(50)<\/p>\n<\/td>\n

\n

This Directive should allow second Member\u00a0States to request that a researcher or a student, who moves on the basis of an authorisation issued by the first Member\u00a0State and does not or no longer fulfils the conditions for mobility, leaves their territory. Where the researcher or the student has a valid authorisation issued by the first Member\u00a0State, the second Member\u00a0State should be able to request that researcher or student to go back to the first Member\u00a0State in accordance with Directive\u00a02008\/115\/EC of the European Parliament and of the Council\u00a0(11<\/span>). Where the mobility is allowed by the second Member\u00a0State on the basis of the authorisation issued by the first Member\u00a0State and that authorisation is withdrawn or has expired during the period of mobility, it should be possible for the second Member\u00a0State to either decide to return the researcher or the student to a third country, in accordance with Directive\u00a02008\/115\/EC, or request without delay the first Member\u00a0State to allow re-entry of the researcher or student to its territory. In this latter case, the first Member\u00a0State should issue the researcher or student with a document allowing re-entry to its territory.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(51)<\/p>\n<\/td>\n

\n

Union immigration\u00a0policies and rules, on the one hand, and Union policies and programmes favouring mobility of researchers and students at Union level, on the other hand, should complement each other more. When determining the period of validity of the authorisation issued to researchers and students, Member\u00a0States should take into account the planned mobility to other Member\u00a0States, in accordance with the provisions on mobility. Researchers and students covered by Union or multilateral programmes that comprise mobility measures or agreements between two or more higher education institutions should be entitled to receive authorisations covering at least two years, provided that they fulfil the relevant admission conditions for that period.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(52)<\/p>\n<\/td>\n

\n

In order to allow students to cover part of the cost of their studies and, if possible, to\u00a0gain practical experience, they should be given, during their studies, access to the labour market\u00a0of the Member\u00a0State where the studies are undertaken, under the conditions set out in this Directive. Students should be allowed to work a certain minimum amount of hours as specified in this Directive\u00a0for that purpose. The principle of access for students to the labour market should be the general rule. However, in exceptional circumstances, Member\u00a0States should be able to take into account the situation of their national labour markets.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(53)<\/p>\n<\/td>\n

\n

As part of the drive to ensure a well-qualified workforce for the future, students who graduate in the Union should have the possibility to remain on the territory of the Member\u00a0State concerned for the period specified in this Directive with the intention to identify work opportunities or to set up a business. Researchers should also have that possibility upon completion of their research activity as defined in the hosting agreement. In order to be issued a residence permit for that purpose, students and researchers may be asked to provide evidence in accordance with the requirements of this Directive. Once Member\u00a0States issue them such a residence permit, they cease to be considered as researchers or students within the meaning of this Directive. Member\u00a0States should be able to check, after a minimum time period established in this Directive, if they have a genuine chance of being employed or of launching a business. This possibility is without prejudice to other reporting obligations provided for in national law for other purposes. The authorisation issued for the purpose of identifying work opportunities or setting up a business should not grant any automatic right of access to the labour market or to set up a business. Member\u00a0States should retain their right to take into consideration the situation of their labour market when the third-country national, who was issued an authorisation to remain on the territory for the purpose of job searching or to set up a business, applies for a work permit to fill a post.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(54)<\/p>\n<\/td>\n

\n

The fair treatment of third-country nationals covered by this Directive should be ensured in accordance with Article\u00a079 TFEU. Researchers should enjoy equal treatment with nationals of the Member\u00a0State concerned as regards Article\u00a012(1) and (4) of Directive\u00a02011\/98\/EU of the European Parliament and of the Council\u00a0(12<\/span>) subject to the possibility for that Member\u00a0State to limit equal treatment in the specific cases provided for in this Directive. Directive\u00a02011\/98\/EU should continue to apply to students, including the restrictions provided for in that Directive. Directive\u00a02011\/98\/EU should apply to trainees, volunteers and au pairs when they are considered to be in an employment relationship in the Member\u00a0State concerned. Trainees, volunteers and au pairs, when they are not considered to be in an employment relationship in the Member\u00a0State concerned, as well as school pupils, should enjoy equal treatment with nationals of the Member\u00a0State concerned as regards a minimum set of rights as provided for in this Directive. This includes access to goods and services, which does not cover study or vocational grants or loans.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(55)<\/p>\n<\/td>\n

\n

Equal treatment as granted to researchers and students, as well as trainees, volunteers and au pairs when they are considered to be in an employment relationship in the Member\u00a0State concerned, includes equal treatment in respect of those branches of social security listed in Article\u00a03 of Regulation (EC) No\u00a0883\/2004 of the European Parliament and of the Council\u00a0(13<\/span>). This Directive does not harmonise the social security legislation of Member\u00a0States. It is limited to applying the principle of equal treatment in the field of social security to the third-country nationals falling within its scope. In addition, this Directive does not grant rights in relation to situations which lie outside the scope of Union law, such as in relation to family members residing in a third country. That should not affect, however, the right of survivors who derive rights from third-country nationals falling under the scope of this Directive, where applicable, to receive survivors’ pensions when residing in a third country.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(56)<\/p>\n<\/td>\n

\n

In many Member\u00a0States, the right to family benefits is conditional upon a certain connection with that Member\u00a0State since the benefits are designed to support a positive demographic development in order to secure the future work force in that Member\u00a0State. Therefore, this Directive should not affect the right of a Member\u00a0State to restrict, under certain conditions, equal treatment in respect of family benefits when the researcher and the accompanying family members are staying temporarily in that Member\u00a0State.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(57)<\/p>\n<\/td>\n

\n

In the event of mobility between Member\u00a0States, Regulation (EU) No\u00a01231\/2010 of the European Parliament and of the Council\u00a0(14<\/span>) applies. This Directive should not confer more rights than those already provided for in existing Union law in the field of social security for third-country nationals who have cross-border interests between Member\u00a0States.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(58)<\/p>\n<\/td>\n

\n

This Directive should be applied without prejudice to more favourable provisions contained in Union law and applicable international instruments.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(59)<\/p>\n<\/td>\n

\n

The residence permits provided for in this Directive should be issued by the competent authorities of the Member\u00a0State using the uniform format as laid down in Council Regulation (EC) No\u00a01030\/2002\u00a0(15<\/span>).<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(60)<\/p>\n<\/td>\n

\n

Each Member\u00a0State should ensure that adequate and regularly updated\u00a0information is made available to the general public, notably on the internet, concerning\u00a0the host entities approved for the purposes of this Directive and the conditions and procedures for admission of third-country nationals to the territory of the Member\u00a0States for the purposes of this Directive.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(61)<\/p>\n<\/td>\n

\n

This Directive respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European\u00a0Union, in accordance with Article\u00a06 of the Treaty on European\u00a0Union (TEU).<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(62)<\/p>\n<\/td>\n

\n

Member\u00a0States 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.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(63)<\/p>\n<\/td>\n

\n

In accordance with the Joint Political Declaration of\u00a028 September\u00a02011 of Member\u00a0States and the Commission on explanatory documents\u00a0(16<\/span>), Member\u00a0States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments. With regard to this Directive, the legislator considers the transmission of such documents to be justified.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(64)<\/p>\n<\/td>\n

\n

Since the objective of this Directive, namely to determine the conditions of entry and residence of third-country nationals for the purposes of\u00a0research, studies, training and European Voluntary Service, as mandatory provisions, and\u00a0pupil exchange, voluntary service other than the European Voluntary Service or au pairing, as optional provisions, cannot be sufficiently achieved by the Member\u00a0States and can rather, by reason of its scale or effects, be better achieved at\u00a0Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article\u00a05 TEU. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary to achieve that objective.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(65)<\/p>\n<\/td>\n

\n

In accordance with Articles\u00a01 and\u00a02 and Article\u00a04a(1) of Protocol No\u00a021 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to TEU and TFEU, and without prejudice to Article\u00a04 of that Protocol, those Member\u00a0States are not taking part in the adoption of this Directive and are not bound by it or subject to its application.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(66)<\/p>\n<\/td>\n

\n

In accordance with Articles\u00a01 and\u00a02 of the Protocol No\u00a022 on the position of Denmark annexed to TEU and TFEU, Denmark is not taking part in the adoption of this Directive and is not bound by it or subject to its application.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(67)<\/p>\n<\/td>\n

\n

The obligation to transpose this Directive into national law should be confined to those provisions which represent a substantive amendment as compared to Directives\u00a02004\/114\/EC and\u00a02005\/71\/EC. The obligation to transpose the provisions which are unchanged arises under those Directives.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(68)<\/p>\n<\/td>\n

\n

This Directive should be without prejudice to the obligations of the Member\u00a0States relating to the time limits for transposition into national law and the dates of application of the Directives set out in Annex I, Part B,<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

HAVE ADOPTED THIS DIRECTIVE:<\/p>\n

CHAPTER I<\/p>\n

GENERAL PROVISIONS<\/span><\/p>\n

Article\u00a01<\/p>\n

Subject matter<\/p>\n

This Directive lays down:<\/p>\n\n\n\n<\/colgroup>\n\n\n
\n

(a)<\/p>\n<\/td>\n

\n

the conditions of entry to, and residence for a period exceeding\u00a090 days in, the territory of the Member\u00a0States, and the rights, of third-country nationals, and where applicable their family members, for the purpose of research, studies, training or voluntary service in the European Voluntary Service, and where Member\u00a0States so decide, pupil exchange schemes or educational projects, voluntary service other than the European Voluntary Service or au pairing;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(b)<\/p>\n<\/td>\n

\n

the conditions of entry and residence, and the rights, of researchers, and where applicable their family members, and students, referred to in point (a), in Member\u00a0States other than the Member\u00a0State which first grants the third-country national an authorisation on the basis of this Directive.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

Article\u00a02<\/p>\n

Scope<\/p>\n

1.\u00a0\u00a0\u00a0This Directive shall\u00a0apply to third-country nationals who apply to be admitted or who have been admitted to the territory of a Member\u00a0State for the purpose of research, studies, training or voluntary service in the European Voluntary Service. Member\u00a0States may also decide to apply the provisions of this Directive to third-country nationals who apply to be admitted for the purpose of a pupil exchange\u00a0scheme or educational project, voluntary service other than the European Voluntary Service or au pairing.<\/p>\n

2.\u00a0\u00a0\u00a0This Directive shall not apply to third-country nationals:<\/p>\n\n\n\n<\/colgroup>\n\n\n
\n

(a)<\/p>\n<\/td>\n

\n

who\u00a0seek international protection or who are beneficiaries of international protection in accordance with the Directive\u00a02011\/95\/EU of the European Parliament and of the Council\u00a0(17<\/span>) or who are beneficiaries of temporary protection in accordance with the Council Directive\u00a02001\/55\/EC\u00a0(18<\/span>) in a Member\u00a0State;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(b)<\/p>\n<\/td>\n

\n

whose expulsion has been suspended for reasons of fact or of law;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(c)<\/p>\n<\/td>\n

\n

who are family members of Union citizens who have exercised their right to free movement within the Union;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(d)<\/p>\n<\/td>\n

\n

who enjoy long-term resident status in a Member\u00a0State in accordance with Council Directive\u00a02003\/109\/EC\u00a0(19<\/span>);<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(e)<\/p>\n<\/td>\n

\n

who enjoy, together with their family members, and irrespective of their nationality, rights of free movement equivalent to those of citizens of the Union under agreements either between the Union and its Member\u00a0States and third countries or between the Union and third countries;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(f)<\/p>\n<\/td>\n

\n

who come to the Union\u00a0as trainee employees\u00a0in the context of an intra-corporate transfer under Directive\u00a02014\/66\/EU;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(g)<\/p>\n<\/td>\n

\n

who are admitted as highly qualified workers in accordance with Council Directive\u00a02009\/50\/EC\u00a0(20<\/span>).<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

Article\u00a03<\/p>\n

Definitions<\/p>\n

For the purposes of this Directive, the following definitions apply:<\/p>\n\n\n\n<\/colgroup>\n\n\n
\n

(1)<\/p>\n<\/td>\n

\n

\u2018third-country national\u2019 means a person who is not a citizen of the Union within the meaning of Article\u00a020(1) TFEU;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(2)<\/p>\n<\/td>\n

\n

\u2018researcher\u2019 means a third-country national who holds a doctoral degree or\u00a0an appropriate higher education qualification which gives that third-country national access to doctoral programmes, who is selected by a research organisation and admitted to the territory of a Member\u00a0State for carrying out a research activity for which such qualification is normally required;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(3)<\/p>\n<\/td>\n

\n

\u2018student\u2019 means a third-country national who has been accepted by a higher education institution and is admitted to the territory of a Member\u00a0State to pursue as a main activity a full-time course of study leading to a higher education qualification recognised by that Member\u00a0State, including diplomas, certificates or doctoral degrees in a higher education institution, which may cover a preparatory course prior to such education, in accordance with national law, or compulsory training;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(4)<\/p>\n<\/td>\n

\n

\u2018school pupil\u2019 means a third-country national who is admitted to the territory of a Member\u00a0State to follow a\u00a0recognised, state or regional programme of secondary education equivalent to level\u00a02 or\u00a03 of the International Standard Classification of Education, in the context of a pupil exchange scheme or educational project operated by an education establishment in accordance with national law or administrative practice;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(5)<\/p>\n<\/td>\n

\n

\u2018trainee\u2019 means a third-country national who holds a degree of higher education or is pursuing a course of study in a third country that leads to a higher education degree and who is admitted to the territory of a Member\u00a0State for a training programme for the purpose of gaining knowledge, practice and experience in a professional environment;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(6)<\/p>\n<\/td>\n

\n

\u2018volunteer\u2019 means a third-country national who is admitted to the territory of a Member\u00a0State to participate in a voluntary service scheme;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(7)<\/p>\n<\/td>\n

\n

\u2018voluntary service scheme\u2019 means a programme of practical solidarity activities, based on a\u00a0scheme recognised as such by the Member\u00a0State concerned or the Union, pursuing objectives of general interest for a non-profit cause, in which the activities are not remunerated, except for reimbursement of expenses and\/or pocket money;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(8)<\/p>\n<\/td>\n

\n

\u2018au pair\u2019 means a third-country national who is admitted to the territory of a Member\u00a0State to be\u00a0temporarily received by a\u00a0family in order to improve his or her linguistic skills and knowledge of the Member\u00a0State concerned in exchange for light housework and taking care of children;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(9)<\/p>\n<\/td>\n

\n

\u2018research\u2019 means creative work undertaken on a systematic basis in order to increase the stock of knowledge, including knowledge of man, culture and society, and the use of this stock of knowledge to devise new applications;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(10)<\/p>\n<\/td>\n

\n

\u2018research organisation\u2019 means any public or private organisation which conducts research;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(11)<\/p>\n<\/td>\n

\n

\u2018education establishment\u2019 means a public or private secondary education establishment recognised by the Member\u00a0State concerned or whose courses of study are recognised in accordance with national law or administrative practice on the basis of transparent criteria and which participates in a pupil exchange scheme or educational project for the purposes set out in this Directive;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(12)<\/p>\n<\/td>\n

\n

\u2018educational project\u2019 means a set of educational actions developed by a Member\u00a0State’s education establishment in cooperation with similar establishments in a third country, with the purpose of sharing cultures and knowledge;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(13)<\/p>\n<\/td>\n

\n

\u2018higher education institution\u2019 means any type of higher education institution recognised or considered as such in accordance with national law which, in accordance with national law\u00a0or practice, offers recognised\u00a0higher education degrees or other recognised tertiary level qualifications, whatever such establishments may be called, or any institution which, in accordance with national law\u00a0or practice, offers vocational education or training at tertiary level;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(14)<\/p>\n<\/td>\n

\n

\u2018host entity\u2019 means a research organisation, a higher education institution, an education establishment, an organisation responsible for a voluntary service scheme or an entity hosting trainees to which the third-country national is assigned for the purposes of this Directive and which is located in the territory of the Member\u00a0State concerned, irrespective of its legal form, in accordance with national law;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(15)<\/p>\n<\/td>\n

\n

\u2018host family\u2019 means a family temporarily receiving an au pair and sharing its daily family life in the territory of a Member\u00a0State on the basis of an agreement concluded between that family and the au pair;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(16)<\/p>\n<\/td>\n

\n

\u2018employment\u2019 means the exercise of activities covering any form of labour or work regulated under national law or applicable collective agreements or\u00a0in accordance with established practice for or under the direction or supervision of an employer;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(17)<\/p>\n<\/td>\n

\n

\u2018employer\u2019 means any natural person or any legal entity, for or under the direction or supervision of whom or which the employment is undertaken;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(18)<\/p>\n<\/td>\n

\n

\u2018first Member\u00a0State\u2019 means the Member\u00a0State which first issues a third-country national an authorisation on the basis of this Directive;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(19)<\/p>\n<\/td>\n

\n

\u2018second Member\u00a0State\u2019 means any Member\u00a0State other than the first Member\u00a0State;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(20)<\/p>\n<\/td>\n

\n

\u2018Union\u00a0or\u00a0multilateral programmes\u00a0that comprise mobility measures\u2019 means programmes funded by the Union or by Member\u00a0States promoting mobility of third-country nationals in\u00a0the Union or in the Member\u00a0States participating in the respective programmes;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(21)<\/p>\n<\/td>\n

\n

\u2018authorisation\u2019 means a residence permit or, if provided for in national law, a long-stay visa issued for the purposes of this Directive;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(22)<\/p>\n<\/td>\n

\n

\u2018residence permit\u2019 means an authorisation issued using the format laid down in Regulation (EC) No\u00a01030\/2002 entitling its holder to stay legally on the territory of a Member\u00a0State;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(23)<\/p>\n<\/td>\n

\n

\u2018long-stay visa\u2019 means an authorisation issued by a Member\u00a0State as provided for in Article\u00a018 of the Schengen Convention\u00a0(21<\/span>) or issued in accordance with the national law of Member\u00a0States not applying the Schengen acquis<\/span> in full;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(24)<\/p>\n<\/td>\n

\n

\u2018family members\u2019 means third-country nationals as defined in Article\u00a04(1) of Directive\u00a02003\/86\/EC.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

Article\u00a04<\/p>\n

More favourable provisions<\/p>\n

1.\u00a0\u00a0\u00a0This Directive shall be without prejudice to more favourable provisions of:<\/p>\n\n\n\n<\/colgroup>\n\n\n
\n

(a)<\/p>\n<\/td>\n

\n

bilateral or multilateral agreements\u00a0concluded between the\u00a0Union or the Union and its Member\u00a0States and one or more third countries; or<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(b)<\/p>\n<\/td>\n

\n

bilateral or multilateral agreements concluded between one or more Member\u00a0States and one or more third countries.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

2.\u00a0\u00a0\u00a0This Directive shall be without prejudice to the right of Member\u00a0States to adopt or maintain provisions that are more favourable to the third-country nationals to whom this Directive applies with respect to point (a) of Article\u00a010(2) and Articles\u00a018, 22, 23, 24, 25, 26, 34 and\u00a035.<\/p>\n

CHAPTER II<\/p>\n

ADMISSION<\/span><\/p>\n

Article\u00a05<\/p>\n

Principles<\/p>\n

1.\u00a0\u00a0\u00a0The admission of a third-country national under this Directive shall be subject to the verification of documentary evidence attesting that the third-country national meets:<\/p>\n\n\n\n<\/colgroup>\n\n\n
\n

(a)<\/p>\n<\/td>\n

\n

the general conditions laid down in Article\u00a07; and<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(b)<\/p>\n<\/td>\n

\n

the relevant specific conditions in Article\u00a08, 11, 12, 13, 14 or\u00a016.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

2.\u00a0\u00a0\u00a0Member\u00a0States may require the applicant to provide the documentary evidence referred to in paragraph\u00a01 in an official language of the Member\u00a0State concerned or in any official language of the Union determined by that Member\u00a0State.<\/p>\n

3.\u00a0\u00a0\u00a0Where all the general conditions and relevant specific conditions are fulfilled, the third-country national shall be entitled to an authorisation.<\/p>\n

Where a Member\u00a0State issues residence permits only on its territory and all the admission conditions laid down in this Directive are fulfilled, the Member\u00a0State concerned shall issue the third-country national with the requisite visa.<\/p>\n

Article\u00a06<\/p>\n

Volumes of admission<\/p>\n

This Directive shall not affect the right of a Member\u00a0State to determine, in accordance with Article\u00a079(5) TFEU, the volumes of admission of third-country nationals referred to in Article\u00a02(1) of this Directive, with the exception of students, if the Member\u00a0State concerned considers that they are or will be\u00a0in an employment relationship. On that basis, an application for authorisation may either be considered inadmissible or be\u00a0rejected.<\/p>\n

Article\u00a07<\/p>\n

General conditions<\/p>\n

1.\u00a0\u00a0\u00a0As regards the admission of a third-country national under this Directive, the applicant shall:<\/p>\n\n\n\n<\/colgroup>\n\n\n
\n

(a)<\/p>\n<\/td>\n

\n

present a valid travel document, as determined by national law, and, if required, an application for a visa or a valid visa or, where applicable, a valid residence permit or a valid long-stay visa; Member States may require the period of validity of the travel document to cover at least the duration of the planned stay;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(b)<\/p>\n<\/td>\n

\n

if the third-country national is a minor under the national law of the Member\u00a0State concerned, present a parental authorisation\u00a0or an equivalent document for the planned stay;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(c)<\/p>\n<\/td>\n

\n

present evidence that the third-country national has or, if provided for in national law, has applied for sickness insurance\u00a0for all risks normally covered for nationals of the Member\u00a0State concerned; the insurance shall be valid for the duration of the planned stay;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(d)<\/p>\n<\/td>\n

\n

provide evidence, if the Member\u00a0State so requires, that the fee for handling the application provided for in Article\u00a036 has been paid;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(e)<\/p>\n<\/td>\n

\n

provide the evidence requested by the Member\u00a0State\u00a0concerned\u00a0that during the planned stay the third-country national will have sufficient resources to cover subsistence costs without having recourse to the Member\u00a0State’s social assistance system, and return travel costs. The assessment of the sufficient resources shall be based on an individual examination of the case and shall take into account resources that derive, inter alia, from a grant, a scholarship or a fellowship, a valid work contract or a binding job offer or a financial undertaking by a pupil exchange scheme organisation, an entity hosting trainees, a voluntary service scheme organisation, a host family or an organisation mediating au pairs.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

2.\u00a0\u00a0\u00a0Member\u00a0States may require the applicant to provide the address of the third-country national concerned in their territory.<\/p>\n

Where the national law of a Member\u00a0State requires an address to be provided at the time of application and the third-country national concerned does not yet know the future address, Member\u00a0States shall accept a temporary address. In such a case, the third-country national shall provide his or her permanent address at the latest at the time of the issuance of an authorisation pursuant to Article\u00a017.<\/p>\n

3.\u00a0\u00a0\u00a0Member\u00a0States may indicate a reference amount which they regard as constituting \u2018sufficient resources\u2019 as referred to under point (e) of paragraph (1). The assessment of the sufficient resources shall be based on an individual examination of the case.<\/p>\n

4.\u00a0\u00a0\u00a0The application shall be submitted and examined either when the third-country national concerned is residing outside the territory of the Member\u00a0State to which the third-country national wishes to be admitted or when the third-country national is already residing in that Member\u00a0State as holder of a valid residence permit or long-stay visa.<\/p>\n

By way of derogation, a Member\u00a0State may accept, in accordance with its national law, an application submitted when the third-country national concerned is not in possession of a valid residence permit or long-stay visa but is legally present in its territory.<\/p>\n

5.\u00a0\u00a0\u00a0Member\u00a0States shall determine whether applications are to be submitted by the third-country national, by the host entity, or by either of the two.<\/p>\n

6.\u00a0\u00a0\u00a0Third-country nationals who are considered to pose a threat to public policy, public security or public health shall not be admitted.<\/p>\n

Article\u00a08<\/p>\n

Specific conditions for researchers<\/p>\n

1.\u00a0\u00a0\u00a0In addition to the general conditions laid down in Article\u00a07, as regards the admission of a third-country national for the purpose of research, the applicant shall present a hosting agreement or, if provided for in national law, a contract, in accordance with Article\u00a010.<\/p>\n

2.\u00a0\u00a0\u00a0Member\u00a0States may require, in accordance with national law, a written undertaking from the research organisation that, in the event that a researcher remains illegally in the territory of the Member\u00a0State concerned, that research organisation is responsible for reimbursing the costs related to the stay and return incurred by public funds. The financial responsibility of the research organisation shall end at the latest six months after the termination of the hosting agreement.<\/p>\n

Where the\u00a0right of residence of the researcher\u00a0is extended in accordance with Article\u00a025, the responsibility of the research organisation referred to in the first subparagraph of this paragraph shall be limited until the\u00a0starting date of the\u00a0residence permit\u00a0for the purpose of job-searching or entrepreneurship.<\/p>\n

3.\u00a0\u00a0\u00a0A Member\u00a0State which has established an approval procedure for research organisations in accordance with Article\u00a09 shall exempt applicants from presenting one or more of the documents or evidence referred to in paragraph\u00a02 of this Article or in points (c), (d) or (e) of Article\u00a07(1) or in Article\u00a07(2), where the third-country nationals are to be hosted by approved research organisations.<\/p>\n

Article\u00a09<\/p>\n

Approval\u00a0of research organisations<\/p>\n

1.\u00a0\u00a0\u00a0Member\u00a0States may decide to provide for an approval procedure for public and\/or private research organisations wishing to host a researcher under the admission procedure laid down in this Directive.<\/p>\n

2.\u00a0\u00a0\u00a0The approval of the research organisations shall be in accordance with procedures set out in the national law or administrative practice of the Member\u00a0State concerned. Applications for approval by research organisations shall be made in accordance with those procedures and be based on their statutory tasks or corporate purposes as appropriate and on evidence that they conduct research.<\/p>\n

The approval granted to a research organisation shall be for a minimum period of five years. In exceptional cases, Member\u00a0States may grant approval for a shorter period.<\/p>\n

3.\u00a0\u00a0\u00a0A Member\u00a0State may, among other measures, refuse to renew or decide to withdraw the approval where:<\/p>\n\n\n\n<\/colgroup>\n\n\n
\n

(a)<\/p>\n<\/td>\n

\n

a research organisation no longer complies with paragraph\u00a02 of this Article, Article\u00a08(2)\u00a0or Article\u00a010(7);<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(b)<\/p>\n<\/td>\n

\n

the approval has been fraudulently acquired; or<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(c)<\/p>\n<\/td>\n

\n

a research organisation has signed a hosting agreement with a third-country national fraudulently or negligently.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

Where an application for renewal\u00a0has been refused or\u00a0where the approval has been withdrawn, the organisation concerned may be banned from reapplying for approval for a period of up to five years from the date of publication of the decision on non-renewal\u00a0or withdrawal.<\/p>\n

Article\u00a010<\/p>\n

Hosting agreement<\/p>\n

1.\u00a0\u00a0\u00a0A research organisation wishing to host a third-country national for the purpose of research shall sign a hosting agreement with the latter. Member\u00a0States may provide that contracts containing the elements referred to in paragraph\u00a02 and, where applicable, paragraph\u00a03 shall be considered equivalent to hosting agreements for the purposes of this Directive.<\/p>\n

2.\u00a0\u00a0\u00a0The hosting agreement shall contain:<\/p>\n\n\n\n<\/colgroup>\n\n\n
\n

(a)<\/p>\n<\/td>\n

\n

the title or purpose of the research activity\u00a0or the research area;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(b)<\/p>\n<\/td>\n

\n

an undertaking by the third-country national to endeavour to complete the research activity;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(c)<\/p>\n<\/td>\n

\n

an undertaking by the research organisation to host the third-country national for the purpose of completing the research activity;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(d)<\/p>\n<\/td>\n

\n

the start and end date or the\u00a0estimated\u00a0duration\u00a0of the research activity;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(e)<\/p>\n<\/td>\n

\n

information on the intended mobility in one or several second Member\u00a0States if the mobility is known at the time of application in the first Member\u00a0State.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

3.\u00a0\u00a0\u00a0Member\u00a0States may also require the hosting agreement to contain:<\/p>\n\n\n\n<\/colgroup>\n\n\n
\n

(a)<\/p>\n<\/td>\n

\n

information on the legal relationship between the research organisation and the researcher;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(b)<\/p>\n<\/td>\n

\n

information on the working conditions of the researcher.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

4.\u00a0\u00a0\u00a0Research organisations may sign hosting agreements only if the research activity has been accepted by the relevant instances in the organisation, after examination of:<\/p>\n\n\n\n<\/colgroup>\n\n\n
\n

(a)<\/p>\n<\/td>\n

\n

the purpose and estimated duration of the research activity, and the availability of the necessary financial resources for it to be carried out;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(b)<\/p>\n<\/td>\n

\n

the third-country national’s qualifications in the light of the research objectives, as evidenced by a certified copy of the qualifications.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

5.\u00a0\u00a0\u00a0The hosting agreement shall automatically lapse if the third-country national is not admitted or when the legal relationship between the researcher and the research organisation is terminated.<\/p>\n

6.\u00a0\u00a0\u00a0Research organisations shall promptly inform the\u00a0competent\u00a0authority of the Member\u00a0State concerned of any occurrence likely to prevent implementation of the hosting agreement.<\/p>\n

7.\u00a0\u00a0\u00a0Member\u00a0States may provide that, within two months of the date of expiry of the hosting agreement concerned, the research organisation shall provide the competent authorities designated for that purpose with confirmation that the research activity has been carried out.<\/p>\n

8.\u00a0\u00a0\u00a0Member\u00a0States may determine in their national law the consequences of the withdrawal of the approval or the refusal to renew the approval for the existing hosting agreements, concluded in accordance with this Article, as well as the consequences for the authorisations of the researchers concerned.<\/p>\n

Article\u00a011<\/p>\n

Specific conditions for students<\/p>\n

1.\u00a0\u00a0\u00a0In addition to the general conditions laid down in Article\u00a07, as regards the admission of a third-country national for the purpose of studies, the applicant shall\u00a0provide evidence:<\/p>\n\n\n\n<\/colgroup>\n\n\n
\n

(a)<\/p>\n<\/td>\n

\n

that the third-country national has been accepted by a higher education institution to follow a course of study;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(b)<\/p>\n<\/td>\n

\n

if the Member\u00a0State so requires, that the fees charged by the higher education institution have been paid;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(c)<\/p>\n<\/td>\n

\n

if the Member\u00a0State so requires, of sufficient knowledge of the language of the course to be followed;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(d)<\/p>\n<\/td>\n

\n

if the Member\u00a0State so requires, that the third-country national will have sufficient resources to cover the study costs.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

2.\u00a0\u00a0\u00a0Third-country nationals who automatically qualify for sickness insurance\u00a0for all risks normally covered for the nationals of the Member\u00a0State concerned\u00a0as a result of enrolment at a higher education institution\u00a0shall be presumed to meet the condition laid down in point\u00a0(c) of Article\u00a07(1).<\/p>\n

3.\u00a0\u00a0\u00a0A Member\u00a0State which has established an approval procedure for higher education institutions in accordance with Article\u00a015 shall exempt applicants from presenting one or more of the documents or evidence referred to in points (b), (c) or (d) of paragraph\u00a01 of this Article or in point (d) of Article\u00a07(1) or in Article\u00a07(2), where the third-country nationals are to be hosted by approved higher education institutions.<\/p>\n

Article\u00a012<\/p>\n

Specific conditions for school pupils<\/p>\n

1.\u00a0\u00a0\u00a0In addition to the general conditions\u00a0laid down in Article\u00a07, as regards the admission of a third-country national for the purpose of a pupil exchange scheme or an educational project, the applicant shall provide evidence:<\/p>\n\n\n\n<\/colgroup>\n\n\n
\n

(a)<\/p>\n<\/td>\n

\n

that the third-country national is neither below the minimum nor above the maximum age or grade\u00a0set by the Member\u00a0State concerned;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(b)<\/p>\n<\/td>\n

\n

of acceptance by an education establishment;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(c)<\/p>\n<\/td>\n

\n

of participation in a recognised, state or regional programme of education in the context of a pupil exchange scheme or educational project\u00a0operated by an education establishment in accordance with national law or administrative practice;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(d)<\/p>\n<\/td>\n

\n

that the education establishment, or, insofar as provided for by national law, a third party accepts responsibility for the third-country national throughout the stay in the territory of the Member\u00a0State concerned, in particular as regards study costs;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(e)<\/p>\n<\/td>\n

\n

that the third-country national will be accommodated throughout the stay by a family, in a special accommodation facility within the education establishment\u00a0or, insofar as provided for by national law, in any other facility meeting the conditions set by the Member\u00a0State concerned and selected in accordance with the rules of the pupil exchange scheme or educational project\u00a0in which the third-country national is participating.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

2.\u00a0\u00a0\u00a0Member\u00a0States may limit the admission of school pupils participating in a pupil exchange scheme\u00a0or educational project\u00a0to nationals of third countries which offer the same possibility for their own nationals.<\/p>\n

Article\u00a013<\/p>\n

Specific conditions for\u00a0trainees<\/p>\n

1.\u00a0\u00a0\u00a0In addition to the general conditions laid down in Article\u00a07, as regards the admission of a third-country national for the purpose of training, the applicant shall:<\/p>\n\n\n\n<\/colgroup>\n\n\n
\n

(a)<\/p>\n<\/td>\n

\n

present a training agreement, which provides for a theoretical and practical training, with a host entity. Member\u00a0States may require that such training agreement is approved by the competent authority and that the terms upon which the agreement has been based meet the requirements established in national law, collective agreements or practices of the Member\u00a0State concerned. The training agreement shall contain:<\/p>\n\n\n\n<\/colgroup>\n\n\n
\n

(i)<\/p>\n<\/td>\n

\n

a description of the training programme, including the educational objective or learning components;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(ii)<\/p>\n<\/td>\n

\n

the duration of the traineeship;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(iii)<\/p>\n<\/td>\n

\n

the placement\u00a0and supervision conditions of\u00a0the traineeship;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(iv)<\/p>\n<\/td>\n

\n

the traineeship hours; and<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(v)<\/p>\n<\/td>\n

\n

the legal relationship between the trainee and\u00a0the host entity;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(b)<\/p>\n<\/td>\n

\n

provide evidence of having obtained a higher education degree within the two years preceding the date of application or of pursuing a course of study that leads to a higher education degree;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(c)<\/p>\n<\/td>\n

\n

provide evidence, if the Member\u00a0State so requires, that during the stay the third-country national will have sufficient resources to cover the training costs;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(d)<\/p>\n<\/td>\n

\n

provide evidence, if the Member\u00a0State so requires, that the third-country national has received or will\u00a0receive language training so as to acquire the knowledge needed for the purpose of the traineeship;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(e)<\/p>\n<\/td>\n

\n

provide evidence, if the Member\u00a0State so requires, that the host entity accepts responsibility for the third-country national throughout the stay in the territory of the Member\u00a0State concerned, in particular as regards subsistence and accommodation costs;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(f)<\/p>\n<\/td>\n

\n

provide evidence, if the Member\u00a0State so requires, that, if the third-country national is accommodated throughout the stay by the host entity, the accommodation meets the conditions set by the Member\u00a0State concerned.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

2.\u00a0\u00a0\u00a0Member\u00a0States may require the traineeship to be in the same field and at the same qualification level as the higher education degree or the course of study referred to in point\u00a0(b) of paragraph\u00a01.<\/p>\n

3.\u00a0\u00a0\u00a0Member\u00a0States may require the host entity to substantiate that the traineeship does not replace a job.<\/p>\n

4.\u00a0\u00a0\u00a0Member\u00a0States may require, in accordance with national law, a written undertaking from the host entity that, in the event that a trainee remains illegally in the territory of the Member\u00a0State concerned, that host entity is responsible for reimbursing the costs related to the stay and return incurred by public funds. The financial responsibility of the host entity shall end at the latest six months after the termination of the training agreement.<\/p>\n

Article\u00a014<\/p>\n

Specific conditions for volunteers<\/p>\n

1.\u00a0\u00a0\u00a0In addition to the general conditions laid down in Article\u00a07, as regards the admission of a third-country national for the purpose of voluntary service, the applicant shall:<\/p>\n\n\n\n<\/colgroup>\n\n\n
\n

(a)<\/p>\n<\/td>\n

\n

provide an agreement with the host entity\u00a0or, insofar as provided for by national law, another body\u00a0responsible in the Member\u00a0State concerned for the voluntary service scheme in which the third-country national is participating. The agreement shall contain:<\/p>\n\n\n\n<\/colgroup>\n\n\n
\n

(i)<\/p>\n<\/td>\n

\n

a description of the voluntary service scheme;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(ii)<\/p>\n<\/td>\n

\n

the duration of the voluntary service;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(iii)<\/p>\n<\/td>\n

\n

the placement and supervision conditions of the voluntary service;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(iv)<\/p>\n<\/td>\n

\n

the volunteering hours;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(v)<\/p>\n<\/td>\n

\n

the resources available to cover the third-country national’s subsistence and accommodation costs and a minimum sum of money as pocket money throughout the stay; and<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(vi)<\/p>\n<\/td>\n

\n

where applicable, the training the third-country national will receive to help perform the voluntary service;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(b)<\/p>\n<\/td>\n

\n

provide evidence, if the Member\u00a0State so requires, that, if the third-country national is accommodated throughout the stay by the host entity, the accommodation meets the conditions set by the Member\u00a0State concerned;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(c)<\/p>\n<\/td>\n

\n

provide evidence that the host entity or, insofar as provided for by national law, another body responsible for the voluntary service scheme has subscribed to a third-party insurance policy;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(d)<\/p>\n<\/td>\n

\n

provide evidence, if the Member\u00a0State so requires, that the third-country national has received or\u00a0will receive a basic introduction to the language, history, political and social structures of that Member\u00a0State.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

2.\u00a0\u00a0\u00a0Member\u00a0States may determine a minimum and maximum age limit for third-country nationals who apply to be admitted to a voluntary service scheme without prejudice to the rules under the European Voluntary Service.<\/p>\n

3.\u00a0\u00a0\u00a0Volunteers participating in the European Voluntary Service shall not be required to present evidence under point\u00a0(c) and, where applicable, point (d) of paragraph\u00a01.<\/p>\n

Article\u00a015<\/p>\n

Approval of higher education institutions, education establishments, organisations responsible for a voluntary service scheme or entities hosting trainees<\/p>\n

1.\u00a0\u00a0\u00a0For the purposes of this Directive, Member\u00a0States may decide to provide for an approval procedure for higher education institutions, education establishments, organisations responsible for a voluntary service scheme or entities hosting trainees.<\/p>\n

2.\u00a0\u00a0\u00a0The approval shall be in accordance with procedures set out in the national law or administrative practice of the Member\u00a0State concerned.<\/p>\n

3.\u00a0\u00a0\u00a0Where a Member\u00a0State decides to establish an approval procedure in accordance with paragraphs\u00a01 and\u00a02, it shall provide clear and transparent information to the host entities concerned about, inter alia, the conditions and criteria for approval, its period of validity, the consequences of non-compliance, including possible withdrawal and non-renewal, as well as any sanction applicable.<\/p>\n

Article\u00a016<\/p>\n

Specific conditions for au pairs<\/p>\n

1.\u00a0\u00a0\u00a0In addition to the general conditions laid down in Article\u00a07, as regards the admission of a third-country national for the purpose of au pairing, the third-country national shall:<\/p>\n\n\n\n<\/colgroup>\n\n\n
\n

(a)<\/p>\n<\/td>\n

\n

provide\u00a0an agreement between the third-country national and the host family defining the third-country national’s rights and obligations as an au pair, including specifications about the pocket money to be received, adequate arrangements allowing the au pair to attend courses and the maximum hours of family duties;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(b)<\/p>\n<\/td>\n

\n

be between the age of\u00a018 and\u00a030. In exceptional cases, Member\u00a0States may allow the admission of a third-country national, as an au pair, who is above the maximum age limit;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(c)<\/p>\n<\/td>\n

\n

provide evidence that the host family\u00a0or an organisation\u00a0mediating au pairs, insofar as provided for by national law, accepts responsibility for the third-country national throughout the\u00a0stay in the territory of the Member\u00a0State concerned, in particular with regard to living expenses, accommodation and accident risks.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

2.\u00a0\u00a0\u00a0Member\u00a0States may require\u00a0the third-country national who applies to be admitted as an au pair to provide evidence:<\/p>\n\n\n\n<\/colgroup>\n\n\n
\n

(a)<\/p>\n<\/td>\n

\n

of basic knowledge of the language of the Member\u00a0State concerned; or<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(b)<\/p>\n<\/td>\n

\n

of having secondary education, professional qualifications or, where applicable, of fulfilling the conditions to exercise\u00a0a\u00a0regulated profession, as required by national law.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

3.\u00a0\u00a0\u00a0Member\u00a0States may determine that the placement of au pairs shall only be carried out by an organisation mediating au pairs under the conditions defined in national law.<\/p>\n

4.\u00a0\u00a0\u00a0Member\u00a0States may require the\u00a0members of the host family\u00a0to be of different nationality than\u00a0the third-country national who applies to be admitted for the purpose of au pairing and not to\u00a0have any family links with the third-country national concerned.<\/p>\n

5.\u00a0\u00a0\u00a0The maximum number of hours of au pair duties per week shall not exceed\u00a025 hours. The au pair shall have at least one day per week free from au pair duties.<\/p>\n

6.\u00a0\u00a0\u00a0Member\u00a0States\u00a0may set a minimum\u00a0sum of money as\u00a0pocket money to be paid to the au pair.<\/p>\n

CHAPTER III<\/p>\n

AUTHORISATIONS AND DURATION OF RESIDENCE<\/span><\/p>\n

Article\u00a017<\/p>\n

Authorisations<\/p>\n

1.\u00a0\u00a0\u00a0When the authorisation is in the form of a residence permit, Member\u00a0States shall use the format laid down in Regulation (EC) No\u00a01030\/2002 and shall enter the term \u2018researcher\u2019, \u2018student\u2019, \u2018school pupil\u2019, \u2018trainee\u2019, \u2018volunteer\u2019 or \u2018au pair\u2019 on the residence permit.<\/p>\n

2.\u00a0\u00a0\u00a0When the authorisation is in the form of a\u00a0long-stay visa, Member\u00a0States shall enter a reference stating that it is issued to the \u2018researcher\u2019, \u2018student\u2019, \u2018school pupil\u2019, \u2018trainee\u2019, \u2018volunteer\u2019 or \u2018au pair\u2019 under the heading \u2018remarks\u2019 on the visa sticker.<\/p>\n

3.\u00a0\u00a0\u00a0For researchers and students coming to the Union in the framework of a specific Union or multilateral programme that comprises mobility measures, or an agreement between two or more recognised higher education institutions, the authorisation shall make a reference to that specific programme or agreement.<\/p>\n

4.\u00a0\u00a0\u00a0When the authorisation for long-term mobility is issued to a researcher in the form of a residence permit, Member\u00a0States shall use the format laid down in Regulation (EC) No\u00a01030\/2002 and enter \u2018researcher-mobility\u2019 on the residence permit. When the authorisation for long-term mobility is issued to a researcher in the form of a long-stay visa, Member\u00a0States shall enter \u2018researcher-mobility\u2019 under the heading \u2018remarks\u2019 on the visa sticker.<\/p>\n

Article\u00a018<\/p>\n

Duration of authorisation<\/p>\n

1.\u00a0\u00a0\u00a0The period of validity of an authorisation for researchers shall be at least one year, or for the duration of the hosting agreement\u00a0where this\u00a0is shorter. The authorisation shall be renewed if Article\u00a021 does not apply.<\/p>\n

The duration of the authorisation for researchers who are covered by Union or multilateral programmes that comprise mobility measures shall be at least two years, or for the duration of the hosting agreement where this is shorter. If the general conditions laid down in Article\u00a07 are not met for the two years or for the whole duration of the hosting agreement, the first subparagraph of this paragraph shall apply. Member\u00a0States shall retain the right to verify that the grounds for withdrawal set out in Article\u00a021 do not apply.<\/p>\n

2.\u00a0\u00a0\u00a0The period of validity of\u00a0an authorisation for students shall be\u00a0at least one year, or\u00a0for\u00a0the duration of studies\u00a0where this is shorter. The authorisation shall be renewed if Article\u00a021 does not apply.<\/p>\n

The duration of the authorisation for students who are covered by Union or multilateral programmes that comprise mobility measures or by an agreement between two or more higher education institutions shall be at least two years, or for the duration of their studies where this is shorter. If the general conditions laid down in Article\u00a07 are not met for the two years or for the whole duration of the studies, the first subparagraph of this paragraph shall apply. Member\u00a0States shall retain the right to verify that the grounds for withdrawal set out in Article\u00a021 do not apply.<\/p>\n

3.\u00a0\u00a0\u00a0Member\u00a0States may determine that the total time of residence for studies shall not exceed the maximum duration of studies as defined in national law.<\/p>\n

4.\u00a0\u00a0\u00a0The period of validity of\u00a0an authorisation for school pupils shall be for the duration of the pupil exchange scheme or the educational project where this is shorter\u00a0than one year, or for a maximum of one year. Member\u00a0States may decide to allow the renewal of the authorisation once\u00a0for the period necessary to complete the pupil exchange scheme or the educational project if Article\u00a021 does not apply.<\/p>\n

5.\u00a0\u00a0\u00a0The period of validity of an authorisation for\u00a0au pairs\u00a0shall be for the duration of the agreement between the au pair and the host family where this is shorter than one year, or for a maximum period of one year. Member\u00a0States may decide to allow the renewal of the authorisation once\u00a0for a maximum period of six months, after a justified request by the host family, if Article\u00a021 does not apply.<\/p>\n

6.\u00a0\u00a0\u00a0The period of validity of an authorisation for trainees shall be for the duration of the training agreement where this is shorter than six months, or for a\u00a0maximum of six months. If the duration of the agreement is longer than six months, the duration of the validity of the authorisation may correspond to the period concerned in accordance with national law.<\/p>\n

Member\u00a0States may decide to allow the renewal of the authorisation once for\u00a0the period necessary to complete the traineeship if Article\u00a021 does not apply.<\/p>\n

7.\u00a0\u00a0\u00a0The period of validity of an authorisation for volunteers shall be for the duration of the agreement referred to in point (a) of Article\u00a014(1) where this is shorter than one year, or for a maximum period of\u00a0one year. If the duration of the agreement is longer than one year, the duration of the validity of the authorisation may correspond to the period concerned in accordance with national law.<\/p>\n

8.\u00a0\u00a0\u00a0Member\u00a0States may determine that, in case\u00a0the validity of the travel document of the third-country national concerned is shorter than one year\u00a0or shorter than two years in the cases referred to in paragraphs\u00a01 and\u00a02, the period of validity of the authorisation\u00a0shall\u00a0not exceed\u00a0the period of validity of the travel document.<\/p>\n

9.\u00a0\u00a0\u00a0Where Member\u00a0States allow entry and residence\u00a0during the first year on the basis of a long-stay visa, an application for a residence permit\u00a0shall be submitted before the expiry of the long-stay visa. The residence permit\u00a0shall be issued if Article\u00a021 does not apply.<\/p>\n

Article\u00a019<\/p>\n

Additional information<\/p>\n

1.\u00a0\u00a0\u00a0Member\u00a0States may indicate additional information in paper format or store such information in electronic format, as referred to in\u00a0Article\u00a04 of Regulation (EC) No\u00a01030\/2002 and point (a)\u00a016 of the Annex thereto. This information may relate to the\u00a0residence\u00a0and, in cases covered by Article\u00a024 of this Directive, the economic activities of the student and include in particular\u00a0the full list of Member\u00a0States that the researcher or student intends to go to in the framework of mobility or relevant information on a specific\u00a0Union or multilateral programme that comprises\u00a0mobility measures or an agreement between two or more higher education institutions.<\/p>\n

2.\u00a0\u00a0\u00a0Member\u00a0States may also\u00a0provide that\u00a0the information referred to in paragraph\u00a01\u00a0of this Article shall be indicated on the long-stay visa, as referred to in point\u00a012 of the Annex to Council Regulation (EC) No\u00a01683\/95\u00a0(22<\/span>).<\/p>\n

CHAPTER IV<\/p>\n

GROUNDS FOR REJECTION, WITHDRAWAL OR NON-RENEWAL OF AUTHORISATIONS<\/span><\/p>\n

Article\u00a020<\/p>\n

Grounds for\u00a0rejection<\/p>\n

1.\u00a0\u00a0\u00a0Member\u00a0States shall\u00a0reject\u00a0an application where:<\/p>\n\n\n\n<\/colgroup>\n\n\n
\n

(a)<\/p>\n<\/td>\n

\n

the general conditions laid down in Article\u00a07 or\u00a0the relevant specific conditions laid down in Articles\u00a08, 11, 12, 13, 14 or\u00a016 are not met;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(b)<\/p>\n<\/td>\n

\n

the documents presented have been fraudulently acquired, or falsified, or tampered with;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(c)<\/p>\n<\/td>\n

\n

the Member\u00a0State concerned only allows admission through an approved host entity and the host entity is not approved.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

2.\u00a0\u00a0\u00a0Member\u00a0States may\u00a0reject an application where:<\/p>\n\n\n\n<\/colgroup>\n\n\n
\n

(a)<\/p>\n<\/td>\n

\n

the host entity, another body as referred to in point (a) of Article\u00a014(1), a third party as referred to in point (d) of Article\u00a012(1), the host family or the organisation mediating au pairs has failed to meet its legal obligations regarding social security, taxation, labour rights or working conditions;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(b)<\/p>\n<\/td>\n

\n

where applicable, the terms of employment as provided for in national law or collective agreements or practices in the Member\u00a0State concerned are not met by the host entity or host family that will employ the third-country national;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(c)<\/p>\n<\/td>\n

\n

the host entity, another\u00a0body as referred to in point (a) of Article\u00a014(1), a third party as referred to in point (d) of Article\u00a012(1), the host family or the organisation mediating au pairs has been sanctioned in accordance with national law for undeclared work or illegal employment;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(d)<\/p>\n<\/td>\n

\n

the host entity was established or operates\u00a0for the main purpose of facilitating the\u00a0entry of third-country nationals falling under the scope of this Directive;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(e)<\/p>\n<\/td>\n

\n

where\u00a0applicable, the host entity’s business\u00a0is being or has been wound up under national insolvency laws\u00a0or no economic activity is taking place;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(f)<\/p>\n<\/td>\n

\n

the Member\u00a0State has evidence or serious and objective grounds to establish that the third-country national would reside for purposes other than those for which he or she applies to be admitted.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

3.\u00a0\u00a0\u00a0Where a third-country national applies to be admitted to enter into an employment relationship in a Member\u00a0State, that Member\u00a0State may verify whether the post in question could be filled by nationals of that Member\u00a0State or by other Union citizens, or by third-country nationals lawfully residing in that Member\u00a0State, in which case it may reject the application. This paragraph shall apply without prejudice to the principle of preference for Union citizens as expressed in the relevant provisions of the relevant Acts of Accession.<\/p>\n

4.\u00a0\u00a0\u00a0Without prejudice to paragraph\u00a01, any decision to reject an application shall take account of the specific circumstances of the case and respect the principle of proportionality.<\/p>\n

Article\u00a021<\/p>\n

Grounds for withdrawal or non-renewal of an authorisation<\/p>\n

1.\u00a0\u00a0\u00a0Member\u00a0States shall withdraw or, where applicable, refuse to renew an authorisation where:<\/p>\n\n\n\n<\/colgroup>\n\n\n
\n

(a)<\/p>\n<\/td>\n

\n

the third-country national no longer meets the general conditions laid down in Article\u00a07, except for Article\u00a07(6), or the relevant specific conditions laid down in Articles\u00a08, 11, 12, 13, 14, 16 or the conditions laid down in Article\u00a018;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(b)<\/p>\n<\/td>\n

\n

the authorisation or the documents presented have been fraudulently acquired, or falsified, or tampered with;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(c)<\/p>\n<\/td>\n

\n

the Member\u00a0State concerned only allows admission through an approved host entity and the host entity is not approved;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(d)<\/p>\n<\/td>\n

\n

the third-country national is residing for purposes other than those for which the third-country national was authorised to reside.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

2.\u00a0\u00a0\u00a0Member\u00a0States may withdraw or refuse to renew an authorisation where:<\/p>\n\n\n\n<\/colgroup>\n\n\n
\n

(a)<\/p>\n<\/td>\n

\n

the host entity, another body as referred to in point (a) of Article\u00a014(1), a third party as referred to in point (d) of Article\u00a012(1), the host family or the organisation mediating au pairs has failed to meet its legal obligations regarding social security, taxation, labour rights or working conditions;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(b)<\/p>\n<\/td>\n

\n

where applicable, the terms of employment as provided for in national law or collective agreements or practices in the Member\u00a0State concerned are not met by the host entity or host family employing the third-country national;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(c)<\/p>\n<\/td>\n

\n

the host entity, another body as referred to in point (a) of Article\u00a014(1), a third party as referred to in point (d) of Article\u00a012(1), the host family or the organisation mediating au pairs has been sanctioned in accordance with national law for undeclared work or illegal employment;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(d)<\/p>\n<\/td>\n

\n

the host entity was established or operates\u00a0for the main purpose of facilitating the\u00a0entry of third-country nationals falling under the scope of this Directive;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(e)<\/p>\n<\/td>\n

\n

where applicable, the host entity’s business\u00a0is being or has been wound up under national insolvency laws\u00a0or no economic activity is taking place;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(f)<\/p>\n<\/td>\n

\n

with regard to students, the time limits imposed on access to economic activities under Article\u00a024 are not respected or a student does not make sufficient progress in the relevant studies in accordance with national law or administrative practice.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

3.\u00a0\u00a0\u00a0In the event of withdrawal, when assessing the\u00a0lack of\u00a0progress in the relevant studies, as referred to in point (f) of paragraph\u00a02, a Member\u00a0State\u00a0may consult with\u00a0the host entity.<\/p>\n

4.\u00a0\u00a0\u00a0Member\u00a0States may withdraw or refuse to renew an authorisation for reasons of public policy, public security or public health.<\/p>\n

5.\u00a0\u00a0\u00a0Where a third-country national applies for renewal of the authorisation to enter into or continue to be in an employment relationship in a Member\u00a0State, with the exception of a researcher who continues the employment relationship with the same host entity, that Member\u00a0State may verify whether the post in question could be filled by nationals of that Member\u00a0State or by other Union citizens, or by third-country nationals who are long-term residents in that Member\u00a0State, in which case they may refuse to renew the authorisation. This paragraph shall apply without prejudice to the principle of preference for Union citizens as expressed in the relevant provisions of the relevant Acts of Accession.<\/p>\n

6.\u00a0\u00a0\u00a0Where a Member\u00a0State intends to withdraw or not renew the authorisation of a student in accordance with points\u00a0(a), (c), (d) or (e) of paragraph\u00a02, the student shall be allowed to submit an application to be hosted by a different higher education institution for an equivalent course of study in order to enable the completion of the studies. The student shall be allowed to stay on the territory of the Member\u00a0State concerned until the competent authorities have taken a decision on the application.<\/p>\n

7.\u00a0\u00a0\u00a0Without prejudice to paragraph\u00a01, any decision to withdraw or refuse to renew an authorisation shall take account of the specific circumstances of the case and respect the principle of proportionality.<\/p>\n

CHAPTER V<\/p>\n

RIGHTS<\/span><\/p>\n

Article\u00a022<\/p>\n

Equal treatment<\/p>\n

1.\u00a0\u00a0\u00a0Researchers\u00a0shall be entitled to equal treatment with nationals of the Member\u00a0State concerned as provided for in Article\u00a012(1)\u00a0and (4) of Directive\u00a02011\/98\/EU.<\/p>\n

2.\u00a0\u00a0\u00a0Member\u00a0States may restrict equal treatment as regards researchers:<\/p>\n\n\n\n<\/colgroup>\n\n\n
\n

(a)<\/p>\n<\/td>\n

\n

under point (c) of Article\u00a012(1) of Directive\u00a02011\/98\/EU, by excluding study and maintenance grants and loans or other grants and loans;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(b)<\/p>\n<\/td>\n

\n

under point (e) of Article\u00a012(1) of Directive\u00a02011\/98\/EU, by not granting family benefits to researchers who have been authorised to reside in the territory of the Member\u00a0State concerned for a period not exceeding six months;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(c)<\/p>\n<\/td>\n

\n

under point (f) of Article\u00a012(1) of Directive\u00a02011\/98\/EU, by limiting its application to cases where the registered or usual place of residence of the family members of the researcher for whom he or she claims benefits lies in the territory of the Member\u00a0State concerned;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(d)<\/p>\n<\/td>\n

\n

under point (g) of Article\u00a012(1) of Directive\u00a02011\/98\/EU by restricting access to housing.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

3.\u00a0\u00a0\u00a0Trainees, volunteers and au pairs, when they are considered to be in an employment relationship in the Member\u00a0State concerned, and students shall be entitled to equal treatment with nationals of the Member\u00a0State concerned as provided for in Article\u00a012(1) and (4) of Directive\u00a02011\/98\/EU subject to the restrictions provided for in paragraph\u00a02 of that Article.<\/p>\n

4.\u00a0\u00a0\u00a0Trainees, volunteers, and au pairs, when they are not considered to be in an employment relationship in the Member\u00a0State concerned, and school pupils shall be entitled to equal treatment\u00a0in relation to access to goods and services and the supply of goods and services made available to the public, as provided for by national law, as well as, where applicable, in relation to recognition of diplomas, certificates and other professional qualifications in accordance with the relevant national procedures.<\/p>\n

Member\u00a0States may decide not to grant them equal treatment in relation to procedures for obtaining housing and\/or services provided by public employment offices in accordance with national law.<\/p>\n

Article\u00a023<\/p>\n

Teaching\u00a0by researchers<\/p>\n

Researchers may, in addition to research\u00a0activities, teach in accordance with national law. Member\u00a0States may set a maximum number of hours or of days for the activity of teaching.<\/p>\n

Article\u00a024<\/p>\n

Economic activities by students<\/p>\n

1.\u00a0\u00a0\u00a0Outside their study time and subject to the rules and conditions applicable to the relevant activity in the Member\u00a0State concerned, students shall be entitled to be employed and may be entitled to exercise self-employed economic activity, subject to the limitations provided for in paragraph\u00a03.<\/p>\n

2.\u00a0\u00a0\u00a0Where necessary, Member\u00a0States shall grant students and\/or employers prior authorisation in accordance with national law.<\/p>\n

3.\u00a0\u00a0\u00a0Each Member\u00a0State\u00a0shall\u00a0determine the maximum number of hours per week or days or months per year allowed for such an activity, which shall not be less than\u00a015 hours per week, or the equivalent in days or months per year. The situation of the labour market in the Member\u00a0State concerned may be taken into account.<\/p>\n

Article\u00a025<\/p>\n

Stay for the purpose of\u00a0job-searching or entrepreneurship for researchers and students<\/p>\n

1.\u00a0\u00a0\u00a0After the completion\u00a0of research\u00a0or studies, researchers and students shall have the possibility to stay on the territory of the Member\u00a0State that issued an authorisation under Article\u00a017, on the basis of the residence permit referred to in paragraph\u00a03 of this Article, for a period of at least nine months in order to seek employment or set up a business.<\/p>\n

2.\u00a0\u00a0\u00a0Member\u00a0States may decide to set a minimum level of degree that students shall have obtained in order to benefit from the application of this Article. That level shall not be higher than level\u00a07 of the European Qualifications Framework\u00a0(23<\/span>).<\/p>\n

3.\u00a0\u00a0\u00a0For the purpose of stay referred to in paragraph\u00a01, Member\u00a0States shall, upon an application by the researcher or the student, issue\u00a0a residence permit to that third-country national in accordance with Regulation (EC) No\u00a01030\/2002 where the conditions laid down in points (a), (c), (d) and (e) of Article\u00a07(1), Article\u00a07(6) and, where applicable, in Article\u00a07(2) of this Directive are still fulfilled. Member\u00a0States shall require, for researchers, a confirmation by the research organisation of the completion of the research activity or, for students, evidence of having obtained a higher education diploma, certificate or other evidence of formal qualifications. Where applicable, and if the provisions of Article\u00a026 are still met, the residence permit provided for in that Article shall be renewed accordingly.<\/p>\n

4.\u00a0\u00a0\u00a0Member\u00a0States may reject an application under this Article where:<\/p>\n\n\n\n<\/colgroup>\n\n\n
\n

(a)<\/p>\n<\/td>\n

\n

the conditions laid down in paragraph\u00a03 and, where applicable, paragraphs\u00a02 and\u00a05 are not met,<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(b)<\/p>\n<\/td>\n

\n

the documents presented have been fraudulently acquired, or falsified, or tampered with.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

5.\u00a0\u00a0\u00a0Member\u00a0States may require that the application under this Article of the researcher or the student and, where applicable, the members of the researcher’s family shall be submitted at least\u00a030 days before the expiry of the authorisation issued under Article\u00a017 or\u00a026.<\/p>\n

6.\u00a0\u00a0\u00a0If the evidence of having obtained a higher education diploma, certificate or other evidence of formal qualifications or the confirmation by the research organisation of the completion of the research activity are not available before the expiry of the authorisation issued under Article\u00a017, and all other conditions are fulfilled, Member\u00a0States shall allow the third-country national to stay on their territory in order to submit such evidence within a reasonable time in accordance with national law.<\/p>\n

7.\u00a0\u00a0\u00a0After a minimum of three months from the issuance of the residence permit under this Article by the Member\u00a0State concerned, the latter may require third-country nationals to prove that they have a genuine chance of being engaged or of launching a business.<\/p>\n

Member\u00a0States may require that the\u00a0employment\u00a0the third-country national is seeking or the business he or she is in the process of setting up corresponds to the level of research or of studies completed.<\/p>\n

8.\u00a0\u00a0\u00a0If the conditions provided for in paragraph\u00a03 or\u00a07 are no longer fulfilled, Member\u00a0States may withdraw the residence permit of the third-country national and, where applicable, his or her family members in accordance with national law.<\/p>\n

9.\u00a0\u00a0\u00a0Second Member\u00a0States\u00a0may apply this Article to researchers and, where applicable, the members of the researcher’s family or students who reside or have resided in the second Member\u00a0State concerned in accordance with Article\u00a028, 29, 30 or\u00a031.<\/p>\n

Article\u00a026<\/p>\n

Researchers’ family members<\/p>\n

1.\u00a0\u00a0\u00a0For the purpose of allowing researchers’ family members to join the researcher\u00a0in the first Member\u00a0State or, in the case of long-term mobility, in the second Member\u00a0States, Member\u00a0States shall apply\u00a0the provisions of\u00a0Directive\u00a02003\/86\/EC with the derogations laid down in this Article.<\/p>\n

2.\u00a0\u00a0\u00a0By way of derogation from Article\u00a03(1) and Article\u00a08 of Directive\u00a02003\/86\/EC, the granting of a residence permit to family members shall not be made dependent on the requirement of the researcher having reasonable prospects of obtaining the right of permanent residence and having a minimum period of residence.<\/p>\n

3.\u00a0\u00a0\u00a0By way of derogation from the last subparagraph of Article\u00a04(1) and Article\u00a07(2) of Directive\u00a02003\/86\/EC, the integration conditions and measures referred to therein may only be applied after the persons concerned have been granted a residence permit.<\/p>\n

4.\u00a0\u00a0\u00a0By way of derogation from the first subparagraph of Article\u00a05(4) of Directive\u00a02003\/86\/EC, residence permits for family members shall be granted by a Member\u00a0State, if the conditions for family reunification are fulfilled, within 90\u00a0days from the date on which the complete application was submitted. The competent authority of the Member\u00a0State concerned shall process the application for the family members at the same time as the application for admission or for long-term mobility of the researcher, in case where the application for the family members is submitted at the same time. The residence permit for family members shall be granted only if the researcher is issued an authorisation under Article\u00a017.<\/p>\n

5.\u00a0\u00a0\u00a0By way of derogation from Article\u00a013(2) and (3) of Directive\u00a02003\/86\/EC, the duration of validity of the residence permit of family members shall end, as\u00a0a general rule, on the date of expiry of the authorisation of the researcher. This shall include, where applicable, authorisations issued to the researcher for the purpose of job-searching or entrepreneurship in accordance with Article\u00a025. Member\u00a0States may require the period of validity of the travel documents of family members to cover at least the duration of the planned stay.<\/p>\n

6.\u00a0\u00a0\u00a0By way of derogation from the second sentence of Article\u00a014(2) of Directive\u00a02003\/86\/EC, the first Member\u00a0State or, in the case of long-term mobility, the second Member\u00a0States shall not apply any time limit in respect of access for family members to the labour market, except in exceptional circumstances such as particularly high levels of unemployment.<\/p>\n

CHAPTER VI<\/p>\n

MOBILITY BETWEEN MEMBER STATES<\/span><\/p>\n

Article\u00a027<\/p>\n

Intra-EU mobility<\/p>\n

1.\u00a0\u00a0\u00a0A third-country national who holds\u00a0a valid authorisation issued by the first Member\u00a0State for the purpose of studies in the framework of a Union or multilateral programme that comprises mobility measures or of an agreement between two or more higher education institutions, or for the purpose of research may enter and stay\u00a0in order to\u00a0carry out part of the studies or research in one or several second Member\u00a0States on the basis of that authorisation and a valid travel document under the conditions laid down in Articles\u00a028, 29 and\u00a031 and subject to Article\u00a032.<\/p>\n

2.\u00a0\u00a0\u00a0During the mobility referred to in paragraph\u00a01, researchers may, in addition to research activities, teach and students may, in addition to their studies, work, in one or several second Member\u00a0States in accordance with the conditions laid down in Articles\u00a023 and\u00a024 respectively.<\/p>\n

3.\u00a0\u00a0\u00a0When a researcher moves to a second Member\u00a0State in accordance with Article\u00a028 or\u00a029, family members holding a residence permit issued in accordance with Article\u00a026 shall be authorised to accompany the researcher in the framework of the researcher’s mobility under the conditions laid down in Article\u00a030.<\/p>\n

Article\u00a028<\/p>\n

Short-term mobility of researchers<\/p>\n

1.\u00a0\u00a0\u00a0Researchers who hold a valid authorisation issued by the first Member\u00a0State shall be entitled to stay in order to carry out part of their research in any research organisation in one or several second Member\u00a0States for a period of up to\u00a0180 days in any\u00a0360-day period per Member\u00a0State, subject to the conditions laid down in this Article.<\/p>\n

2.\u00a0\u00a0\u00a0The second Member\u00a0State may require the\u00a0researcher, the research organisation in the first Member\u00a0State or the research organisation in the second Member\u00a0State to notify the competent authorities of the first Member\u00a0State and of the second Member\u00a0State of the intention of the researcher to carry out part of the research in the research organisation in the second Member\u00a0State.<\/p>\n

In such cases, the second Member\u00a0State shall allow the notification to take place either:<\/p>\n\n\n\n<\/colgroup>\n\n\n
\n

(a)<\/p>\n<\/td>\n

\n

at the time of the application in the first Member\u00a0State, where the mobility to the second Member\u00a0State is already envisaged at that stage; or<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(b)<\/p>\n<\/td>\n

\n

after the researcher was admitted to the first Member\u00a0State, as soon as the intended mobility to the second Member\u00a0State is known.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

3.\u00a0\u00a0\u00a0Where the notification has taken place in accordance with point (a) of paragraph\u00a02, and where the second Member\u00a0State has not raised any objection with the first Member\u00a0State in accordance with paragraph\u00a07, the mobility of the researcher to the second Member\u00a0State may take place at any moment within the period of validity of the authorisation.<\/p>\n

4.\u00a0\u00a0\u00a0Where the notification has taken place in accordance with point (b) of paragraph\u00a02, the mobility may be initiated after the notification to the second Member\u00a0State immediately or at any moment thereafter within the period of validity of the authorisation.<\/p>\n

5.\u00a0\u00a0\u00a0The notification shall include the valid travel document, as provided for in point (a) of Article\u00a07(1), and the valid authorisation issued by the first Member\u00a0State covering the period of the mobility.<\/p>\n

6.\u00a0\u00a0\u00a0The second Member\u00a0State may require the notification to include the transmission of the following documents and information:<\/p>\n\n\n\n<\/colgroup>\n\n\n
\n

(a)<\/p>\n<\/td>\n

\n

the hosting agreement in the first Member\u00a0State as referred to in Article\u00a010 or, if the second Member\u00a0State so requires, a hosting agreement concluded with the research organisation in the second Member\u00a0State;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(b)<\/p>\n<\/td>\n

\n

where not specified in the hosting agreement, the planned duration and dates of the mobility;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(c)<\/p>\n<\/td>\n

\n

evidence that the researcher has sickness insurance for all the risks normally covered for nationals of the Member\u00a0State concerned as provided for in point (c) of Article\u00a07(1);<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(d)<\/p>\n<\/td>\n

\n

evidence that during the stay the researcher will have sufficient resources to cover subsistence costs without having recourse to the Member\u00a0State’s social assistance system, as provided for in point (e) of Article\u00a07(1), as well as the travel costs to the first Member\u00a0State in the cases referred to in point (b) of Article\u00a032(4);<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

The second Member\u00a0State may require the notifier to provide, before the start of mobility, the address of the researcher concerned in the territory of the second Member\u00a0State.<\/p>\n

The second Member\u00a0State may require the notifier to present the documents in an official language of that Member\u00a0State or in any official language of the Union determined by that Member\u00a0State.<\/p>\n

7.\u00a0\u00a0\u00a0Based on the notification referred to in paragraph\u00a02 the second Member\u00a0State may object to the mobility of the researcher to its territory within\u00a030 days from having received the complete notification, where:<\/p>\n\n\n\n<\/colgroup>\n\n\n
\n

(a)<\/p>\n<\/td>\n

\n

the conditions set out in paragraph\u00a05 or, where applicable, paragraph\u00a06 are not complied with;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(b)<\/p>\n<\/td>\n

\n

one of the grounds for rejection set out in points (b) or (c) of Article\u00a020(1) or in paragraph\u00a02 of that Article applies;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(c)<\/p>\n<\/td>\n

\n

the maximum duration of stay as referred to in paragraph\u00a01 has been reached.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

8.\u00a0\u00a0\u00a0Researchers who are considered to pose a threat to public policy, public security or public health shall not be allowed to enter or to stay on the territory of the second Member\u00a0State.<\/p>\n

9.\u00a0\u00a0\u00a0The competent authorities of the second Member\u00a0State shall, without delay, inform the competent authorities of the first Member\u00a0State and the notifier in writing about their objection to the mobility. Where the second Member\u00a0State objects to the mobility in accordance with paragraph\u00a07 and the mobility has not yet taken place, the researcher shall not be allowed to carry out part of the research in the research organisation in the second Member\u00a0State. Where the mobility has already taken place, Article\u00a032(4) shall apply.<\/p>\n

10.\u00a0\u00a0\u00a0After the period of objection has expired, the second Member\u00a0State may issue a document to the researcher attesting that he or she is entitled to stay on its territory and enjoy the rights provided for in this Directive.<\/p>\n

Article\u00a029<\/p>\n

Long-term mobility of researchers<\/p>\n

1.\u00a0\u00a0\u00a0In relation to researchers who hold a valid authorisation issued by the first Member\u00a0State and who intend to stay\u00a0in order to\u00a0carry out part of their research in any research organisation in one or several second Member\u00a0States for more than\u00a0180 days per Member\u00a0State, the second Member\u00a0State shall either:<\/p>\n\n\n\n<\/colgroup>\n\n\n
\n

(a)<\/p>\n<\/td>\n

\n

apply Article\u00a028 and allow the researcher to stay on the territory on the basis of and during the period of validity of the authorisation issued by the first Member\u00a0State; or<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(b)<\/p>\n<\/td>\n

\n

apply the procedure provided for in paragraphs\u00a02 to\u00a07.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

The second Member\u00a0State may define a maximum period of the long-term mobility of a researcher which shall not be less than\u00a0360 days.<\/p>\n

2.\u00a0\u00a0\u00a0When an application for long-term mobility is submitted:<\/p>\n\n\n\n<\/colgroup>\n\n\n
\n

(a)<\/p>\n<\/td>\n

\n

the second Member\u00a0State may require the researcher, the research organisation in the first Member\u00a0State or the research organisation in the second Member\u00a0State to transmit the following documents:<\/p>\n\n\n\n<\/colgroup>\n\n\n
\n

(i)<\/p>\n<\/td>\n

\n

a valid travel document, as provided for in point (a) of Article\u00a07(1), and a valid authorisation issued by the first Member\u00a0State;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(ii)<\/p>\n<\/td>\n

\n

evidence that the researcher has sickness insurance for all the risks normally covered for nationals of the Member\u00a0State concerned as provided for in point (c) of Article\u00a07(1);<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(iii)<\/p>\n<\/td>\n

\n

evidence that during the stay the researcher will have sufficient resources to cover subsistence costs without having recourse to the Member\u00a0State’s social assistance system, as provided for in point (e) of Article\u00a07(1), as well as the travel costs\u00a0to the first Member\u00a0State in the cases referred to in point (b) of Article\u00a032(4);<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(iv)<\/p>\n<\/td>\n

\n

the hosting agreement in the first Member\u00a0State as referred to in Article\u00a010 or, if the second Member\u00a0State so requires, a hosting agreement concluded with the research organisation in the second Member\u00a0State;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(v)<\/p>\n<\/td>\n

\n

where not specified in any of the documents presented by the applicant, the planned duration and dates of the mobility.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

The second Member\u00a0State may require the applicant to provide the address of the researcher concerned in its territory. Where the national law of the second Member\u00a0State requires an address to be provided at the time of application and the researcher concerned does not yet know his or her future address, that Member\u00a0State shall accept a temporary address. In such a case, the researcher shall provide his or her permanent address at the latest at the time of the issuance of the authorisation for long-term mobility.<\/p>\n

The second Member\u00a0State may require the applicant to present the documents in an official language of that Member\u00a0State or in any official language of the Union determined by that Member\u00a0State;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(b)<\/p>\n<\/td>\n

\n

the second Member\u00a0State shall take a decision on the application for long-term mobility and notify the decision to the applicant in writing as soon as possible, but not later than\u00a090\u00a0days from the date on which the complete application was submitted to the competent authorities of the second Member\u00a0State;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(c)<\/p>\n<\/td>\n

\n

the researcher shall not be required to leave the territories of the Member\u00a0States in order to submit an application and shall not be subject to a visa requirement;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(d)<\/p>\n<\/td>\n

\n

the researcher shall be allowed to carry out part of the research in the research organisation in the second Member\u00a0State until a decision on the application for long-term mobility has been taken by the competent authorities, provided that:<\/p>\n\n\n\n<\/colgroup>\n\n\n
\n

(i)<\/p>\n<\/td>\n

\n

neither the period referred to in Article\u00a028(1) nor the period of validity of the authorisation issued by the first Member\u00a0State have expired; and<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(ii)<\/p>\n<\/td>\n

\n

if the second Member\u00a0State so requires, the complete application has been submitted to the second Member\u00a0State at least\u00a030 days before the long-term mobility of the researcher starts;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(e)<\/p>\n<\/td>\n

\n

an application for long-term mobility may not be submitted at the same time as a notification for short-term mobility. Where the need for long-term mobility arises after the short-term mobility of the researcher has started, the second Member\u00a0State may request that the application for long-term mobility be submitted at least\u00a030 days before the short-term mobility ends.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

3.\u00a0\u00a0\u00a0The second Member\u00a0State may reject an application for long-term mobility where:<\/p>\n\n\n\n<\/colgroup>\n\n\n
\n

(a)<\/p>\n<\/td>\n

\n

the conditions set out in point (a) of paragraph\u00a02 are not complied with;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(b)<\/p>\n<\/td>\n

\n

one of the grounds for rejection set out in Article\u00a020, with the exception of point (a) of paragraph\u00a01 of that Article, applies;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(c)<\/p>\n<\/td>\n

\n

the researcher’s authorisation in the first Member\u00a0State expires during the procedure; or<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(d)<\/p>\n<\/td>\n

\n

where applicable, the maximum duration of stay referred to in the second subparagraph of paragraph\u00a01 has been reached.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

4.\u00a0\u00a0\u00a0Researchers who are considered to pose a threat to public policy, public security or public health shall not be allowed to enter or to stay on the territory of the second Member\u00a0State.<\/p>\n

5.\u00a0\u00a0\u00a0Where the second Member\u00a0State takes a positive decision on the application for long-term mobility as referred to in paragraph\u00a02 of this Article, the researcher shall be issued an authorisation in accordance with Article\u00a017(4). The second Member\u00a0State shall inform the competent authorities of the first Member\u00a0State when an authorisation for long-term mobility is issued.<\/p>\n

6.\u00a0\u00a0\u00a0The second Member\u00a0State may withdraw the authorisation for long-term mobility where:<\/p>\n\n\n\n<\/colgroup>\n\n\n
\n

(a)<\/p>\n<\/td>\n

\n

the conditions set out in point (a) of paragraph\u00a02 or in paragraph\u00a04 of this Article are not\u00a0or are no longer complied with; or<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(b)<\/p>\n<\/td>\n

\n

one of the grounds of withdrawal of an authorisation, as set out in Article\u00a021, with the exception of point (a) of paragraph (1), point (f) of paragraph (2) and paragraphs (3), (5) and (6) of that Article, applies.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

7.\u00a0\u00a0\u00a0When a Member\u00a0State takes a decision on long-term mobility, paragraphs\u00a02 to\u00a05 of Article\u00a034 apply accordingly.<\/p>\n

Article\u00a030<\/p>\n

Mobility of researchers’ family members<\/p>\n

1.\u00a0\u00a0\u00a0Family members of a researcher who hold a valid residence permit issued by the first Member\u00a0State shall be entitled to enter, and stay in, one or several second Member\u00a0States in order to accompany the researcher.<\/p>\n

2.\u00a0\u00a0\u00a0When the second Member\u00a0State applies the notification procedure referred to in Article\u00a028(2), it shall require the transmission of the following documents and information:<\/p>\n\n\n\n<\/colgroup>\n\n\n
\n

(a)<\/p>\n<\/td>\n

\n

the documents and information required under paragraph\u00a05 and points (b), (c) and (d) of paragraph\u00a06 of Article\u00a028 related to the family members accompanying the researcher;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(b)<\/p>\n<\/td>\n

\n

evidence that the family member has resided as a member of the family of the researcher in the first Member\u00a0State in accordance with Article\u00a026.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

The second Member\u00a0State may require the notifier to present the documents in an official language of that Member\u00a0State or in any official language of the Union determined by that Member\u00a0State.<\/p>\n

The second Member\u00a0State may object to the mobility of the family member to its territory where the conditions set out in the first subparagraph are not complied with. Points (b) and (c) of paragraph\u00a07 and paragraph\u00a09 of Article\u00a028 shall apply to those family members accordingly.<\/p>\n

3.\u00a0\u00a0\u00a0When the second Member\u00a0State applies the procedure referred to in point (b) of Article\u00a029(1), an application shall be submitted by the researcher or by the family members of the researcher to the competent authorities of the second Member\u00a0State. The second Member\u00a0State shall require the applicant to transmit the following documents and information in relation to the family members:<\/p>\n\n\n\n<\/colgroup>\n\n\n
\n

(a)<\/p>\n<\/td>\n

\n

the documents and information required under points (i), (ii), (iii) and (v) of point (a) of Article\u00a029(2) related to the family members accompanying the researcher;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(b)<\/p>\n<\/td>\n

\n

evidence that the family member has resided as a member of the family of the researcher in the first Member\u00a0State in accordance with Article\u00a026.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

The second Member\u00a0State may require the applicant to present the documents in an official language of that Member\u00a0State or in any official language of the Union determined by that Member\u00a0State.<\/p>\n

The second Member\u00a0State may reject the application for long-term mobility of the family member to its territory where the conditions set out in the first subparagraph are not complied with. Points (b) and (c) of paragraph\u00a02, points (b), (c) and (d) of paragraph\u00a03, paragraph\u00a05, point (b) of paragraph\u00a06 and paragraph\u00a07 of Article\u00a029 shall apply to those family members accordingly.<\/p>\n

The validity of the authorisation for long-term mobility of the family members shall, as a general rule, end on the date of expiry of the researcher’s authorisation issued by the second Member\u00a0State.<\/p>\n

The authorisation for long-term mobility of family members may be withdrawn or its renewal refused if the authorisation for long-term mobility of the researcher they are accompanying is withdrawn or its renewal refused and they do not enjoy any autonomous right of residence.<\/p>\n

4.\u00a0\u00a0\u00a0Family members who are considered to pose a threat to public policy, public security or public health shall not be allowed to enter or to stay on the territory of the second Member\u00a0State.<\/p>\n

Article\u00a031<\/p>\n

Mobility of students<\/p>\n

1.\u00a0\u00a0\u00a0Students who\u00a0hold a valid authorisation issued by the first Member\u00a0State and who are covered by a Union or multilateral programme\u00a0that comprises mobility measures\u00a0or by an agreement between two or more higher education institutions shall be entitled to enter and stay in order to carry out part of their studies in a higher education institution in one or several second Member\u00a0States for a period up to\u00a0360 days per Member\u00a0State subject to the conditions laid down in paragraphs\u00a02 to\u00a010.<\/p>\n

A student who is not covered by a Union or multilateral programme that comprises mobility measures or by an agreement between two or more higher education institutions shall submit an application for an authorisation to enter and stay in a second Member\u00a0State in order to carry out part of the studies in a higher education institution in accordance with Articles\u00a07 and\u00a011.<\/p>\n

2.\u00a0\u00a0\u00a0The second Member\u00a0State may require the higher education institution in the first Member\u00a0State, the higher education institution in the second Member\u00a0State or the student to notify the competent authorities of the first Member\u00a0State and of the second Member\u00a0State of the intention of the student to carry out part of the studies in the higher education institution in the second Member\u00a0State.<\/p>\n

In such cases, the second Member\u00a0State shall allow the notification to take place either:<\/p>\n\n\n\n<\/colgroup>\n\n\n
\n

(a)<\/p>\n<\/td>\n

\n

at the time of the application in the first Member\u00a0State, where the mobility to the second Member\u00a0State is already envisaged at that stage; or<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(b)<\/p>\n<\/td>\n

\n

after the student was admitted to the first Member\u00a0State, as soon as the intended mobility to the second Member\u00a0State is known.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

3.\u00a0\u00a0\u00a0Where the notification has taken place in accordance with point (a) of paragraph\u00a02, and where the second Member\u00a0State has not raised any objection with the first Member\u00a0State in accordance with paragraph\u00a07, the mobility of the student to the second Member\u00a0State may take place at any moment within the period of validity of the authorisation.<\/p>\n

4.\u00a0\u00a0\u00a0Where the notification has taken place in accordance with point (b) of paragraph\u00a02 and where the second Member\u00a0State has not raised any objection in writing to the mobility of the student, in accordance with paragraphs\u00a07 and\u00a09, the mobility is considered to be approved and may take place in the second Member\u00a0State.<\/p>\n

5.\u00a0\u00a0\u00a0The notification shall include the valid travel document, as provided for in point (a) of Article\u00a07(1), and the valid authorisation issued by the first Member\u00a0State covering the total period of the mobility.<\/p>\n

6.\u00a0\u00a0\u00a0The second Member\u00a0State may require the notification to include the transmission of the following documents and information:<\/p>\n\n\n\n<\/colgroup>\n\n\n
\n

(a)<\/p>\n<\/td>\n

\n

evidence that the student carries out part of the studies in the second Member\u00a0State in the framework of a Union or multilateral programme that comprises mobility measures or of an agreement between two or more higher education institutions and evidence that the student has been accepted by a higher education institution in the second Member\u00a0State;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(b)<\/p>\n<\/td>\n

\n

where not specified under point (a), the planned duration and dates of the mobility;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(c)<\/p>\n<\/td>\n

\n

evidence that the student has sickness insurance for all the risks normally covered for nationals of the Member\u00a0State concerned as provided for in point (c) of Article\u00a07(1);<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(d)<\/p>\n<\/td>\n

\n

evidence that during the stay the student will have sufficient resources to cover subsistence costs without having recourse to the Member\u00a0State’s social assistance system\u00a0as provided for in point (e) of Article\u00a07(1), study costs, as well as the travel costs to the first Member\u00a0State\u00a0in the cases referred to in point (b) of Article\u00a032(4);<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(e)<\/p>\n<\/td>\n

\n

evidence that the fees charged by the\u00a0higher education institution have been paid, where applicable.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

The second Member\u00a0State may require the notifier to provide, before the start of mobility, the address of the student concerned in the territory of the second Member\u00a0State.<\/p>\n

The second Member\u00a0State may require the notifier to present the documents in an official language of that Member\u00a0State or in any official language of the Union determined by that Member\u00a0State.<\/p>\n

7.\u00a0\u00a0\u00a0Based on the notification referred to in paragraph\u00a02, the second Member\u00a0State may object to the mobility of the student to its territory within\u00a030 days from having received the complete notification where:<\/p>\n\n\n\n<\/colgroup>\n\n\n
\n

(a)<\/p>\n<\/td>\n

\n

the conditions set out in paragraphs\u00a05 or\u00a06 are not complied with;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(b)<\/p>\n<\/td>\n

\n

one of the grounds for rejection set out in point (b) or (c) of Article\u00a020(1) or in paragraph\u00a02 of that Article applies;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(c)<\/p>\n<\/td>\n

\n

the maximum duration of stay referred to in paragraph\u00a01 has been reached.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

8.\u00a0\u00a0\u00a0Students who are considered to pose a threat to public policy, public security or public health shall not be allowed to enter or to stay on the territory of the second Member\u00a0State.<\/p>\n

9.\u00a0\u00a0\u00a0The competent authorities of the second Member\u00a0State shall, without delay, inform the competent authorities of the first Member\u00a0State and the notifier in writing about their objection to the mobility. Where the second Member\u00a0State objects to the mobility in accordance with paragraph\u00a07 the student shall not be allowed to carry out part of the studies in the higher education institution in the second Member\u00a0State.<\/p>\n

10.\u00a0\u00a0\u00a0After the period of objection has expired, the second Member\u00a0State may issue a document to the student attesting that he or she is entitled to stay on its territory and enjoy the rights provided for in this Directive.<\/p>\n

Article\u00a032<\/p>\n

Safeguards and sanctions in cases of mobility<\/p>\n

1.\u00a0\u00a0\u00a0Where the authorisation for the purpose of research or studies is issued by the competent authorities of a Member\u00a0State not applying the Schengen acquis<\/span> in full and the researcher or student crosses an external border to enter a second Member\u00a0State in the framework of mobility, the competent authorities of the second Member\u00a0State shall be entitled to require as evidence of the mobility the valid authorisation issued by the first Member\u00a0State and:<\/p>\n\n\n\n<\/colgroup>\n\n\n
\n

(a)<\/p>\n<\/td>\n

\n

a copy of the notification in accordance with Article\u00a028(2) or Article\u00a031(2), or<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(b)<\/p>\n<\/td>\n

\n

where the second Member\u00a0State allows mobility without notification, evidence that the student carries out part of the studies in the second Member\u00a0State in the framework of a Union or multilateral programme that comprises mobility measures or an agreement between two or more higher education institutions, or for researchers, either a copy of the hosting agreement specifying the details of the mobility of the researcher or, where the details of the mobility are not specified in the hosting agreement, a letter from the research organisation in the second Member\u00a0State that specifies at least the duration of the intra-EU mobility and the location of the research organisation in the second Member\u00a0State.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

In the case of the family members of the researcher, the competent authorities of the second Member\u00a0State shall be entitled to require as evidence of the mobility the valid authorisation issued by the first Member\u00a0State and a copy of the notification in accordance with Article\u00a030(2) or evidence that they are accompanying the researcher.<\/p>\n

2.\u00a0\u00a0\u00a0Where the competent authorities of the first Member\u00a0State withdraw the authorisation, they shall inform the authorities of the second Member\u00a0State immediately, where applicable.<\/p>\n

3.\u00a0\u00a0\u00a0The second Member\u00a0State may require to be informed by the host entity of the second Member\u00a0State or the researcher or the student of any modification which affects the conditions on which basis the mobility was allowed to take place.<\/p>\n

4.\u00a0\u00a0\u00a0Where the researcher or, where applicable, his or her family members, or the student do not or no longer fulfil the conditions for mobility:<\/p>\n\n\n\n<\/colgroup>\n\n\n
\n

(a)<\/p>\n<\/td>\n

\n

the second Member\u00a0State may request that the researcher and, where applicable, his or her family members, or the student immediately ceases all activities and leaves its territory;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(b)<\/p>\n<\/td>\n

\n

the first Member\u00a0State shall, upon request of the second Member\u00a0State, allow re-entry of the researcher and, where applicable, of his or her family members or of the student without formalities and without delay. This shall also apply if the authorisation issued by the first Member\u00a0State has expired or has been withdrawn during the period of mobility within the second Member\u00a0State.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

5.\u00a0\u00a0\u00a0Where the researcher or his or her family members or the student crosses the external border of a Member\u00a0State applying the Schengen acquis<\/span> in full, that Member\u00a0State shall consult the Schengen information system. That Member\u00a0State shall refuse entry or object to the mobility of persons for whom an alert for the purposes of refusing entry and stay has been issued in the Schengen information system.<\/p>\n

CHAPTER VII<\/p>\n

PROCEDURE AND TRANSPARENCY<\/span><\/p>\n

Article\u00a033<\/p>\n

Sanctions against host entities<\/p>\n

Member\u00a0States may provide for sanctions against host entities or, in cases covered by Article\u00a024, employers who have not fulfilled their obligations under this Directive. Those sanctions shall be effective, proportionate and dissuasive.<\/p>\n

Article\u00a034<\/p>\n

Procedural guarantees and transparency<\/p>\n

1.\u00a0\u00a0\u00a0The competent authorities of the Member\u00a0State concerned shall adopt a decision\u00a0on the application for an authorisation or a renewal of it\u00a0and notify the decision to the applicant\u00a0in writing, in accordance with the notification procedures under national law, as soon as possible but not later than\u00a090\u00a0days from the date on which the complete application was submitted.<\/p>\n

2.\u00a0\u00a0\u00a0By way of derogation from paragraph\u00a01 of this Article, in the event that the admission procedure is related to\u00a0an approved host entity as referred to in Articles\u00a09 and\u00a015, the decision on the complete application shall be taken as soon as possible but at the latest within\u00a060\u00a0days.<\/p>\n

3.\u00a0\u00a0\u00a0Where\u00a0the information or documentation\u00a0supplied in support of the application is incomplete, the competent authorities shall notify\u00a0the applicant within a reasonable period of the additional information that is required and set a reasonable deadline for providing it. The period referred to in paragraphs\u00a01 or\u00a02 shall be suspended until the competent authorities have received the additional information required. If additional information or documents have not been provided within the deadline, the application may be\u00a0rejected.<\/p>\n

4.\u00a0\u00a0\u00a0Reasons for a decision declaring inadmissible or rejecting an application or refusing renewal shall be given in writing to the applicant. Reasons for a decision withdrawing an authorisation shall be given in writing to the third-country national. Reasons for a decision withdrawing an authorisation may be given in writing also to the host entity.<\/p>\n

5.\u00a0\u00a0\u00a0Any decision declaring inadmissible or rejecting an application, refusing renewal, or withdrawing an authorisation shall be open to legal challenge in the Member\u00a0State concerned, in accordance with national law. The written notification shall specify the court or administrative authority with which an appeal may be lodged and the time limit for lodging the appeal.<\/p>\n

Article\u00a035<\/p>\n

Transparency and access to information<\/p>\n

Member\u00a0States shall make easily accessible to applicants the information on all the documentary evidence needed for an application and information on entry and residence conditions, including the rights, obligations and procedural safeguards, of the third-country nationals falling under the scope of this Directive and, where applicable, of their family members. This shall include, where applicable, the level of the monthly sufficient resources, including the sufficient resources needed to cover the study costs or the training costs, without prejudice to an individual examination of each case, and the applicable fees.<\/p>\n

The competent authorities in each Member\u00a0State shall publish lists of the host entities approved for the purposes of this Directive. Updated versions of such lists shall be published as soon as possible following any changes to them.<\/p>\n

Article\u00a036<\/p>\n

Fees<\/p>\n

Member\u00a0States may require third-country nationals\u00a0including, where applicable, family members, or host entities\u00a0to pay fees for the handling of notifications and applications in accordance with this Directive. The level of such fees shall not be disproportionate or excessive.<\/p>\n

CHAPTER VIII<\/p>\n

FINAL PROVISIONS<\/span><\/p>\n

Article\u00a037<\/p>\n

Cooperation between contact points<\/p>\n

1.\u00a0\u00a0\u00a0Member\u00a0States shall appoint contact points which shall cooperate effectively and\u00a0be responsible for receiving and transmitting the information needed to implement Articles\u00a028 to\u00a032. Member\u00a0States shall give preference to exchange of information via electronic means.<\/p>\n

2.\u00a0\u00a0\u00a0Each\u00a0Member\u00a0State shall inform the other Member\u00a0States, via the national contact points referred to in paragraph\u00a01:<\/p>\n\n\n\n<\/colgroup>\n\n\n
\n

(a)<\/p>\n<\/td>\n

\n

about the procedures applied to mobility referred to in Articles\u00a028 to\u00a031;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(b)<\/p>\n<\/td>\n

\n

whether that Member\u00a0State only allows admission of students and researchers through approved research organisations or higher education institutions;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(c)<\/p>\n<\/td>\n

\n

about multilateral programmes for students and researchers that comprise mobility measures and agreements between two or more higher education institutions.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

Article\u00a038<\/p>\n

Statistics<\/p>\n

1.\u00a0\u00a0\u00a0Member\u00a0States shall communicate to the Commission statistics on the number of authorisations issued for the purposes of this Directive\u00a0and notifications received pursuant to Article\u00a028(2) or Article\u00a031(2) and, insofar as possible, the number of third-country nationals whose authorisations have been renewed or withdrawn. Statistics on admitted family members of researchers shall be communicated in the same manner. Those statistics shall be disaggregated by citizenship and, insofar as possible, by the period of validity of the authorisations.<\/p>\n

2.\u00a0\u00a0\u00a0The statistics referred to in paragraph\u00a01 shall relate to reference periods of one calendar year and shall be communicated\u00a0to the Commission within six months of the end of the reference year. The first reference year shall be 2019.<\/p>\n

3.\u00a0\u00a0\u00a0The statistics referred to in paragraph\u00a01 shall be communicated in accordance with Regulation (EC) No\u00a0862\/2007 of the European\u00a0Parliament and of the Council\u00a0(24<\/span>).<\/p>\n

Article\u00a039<\/p>\n

Reporting<\/p>\n

Periodically, and for the first time by\u00a023 May 2023, the Commission shall submit a report to the European\u00a0Parliament and the Council on the application of this Directive in the Member\u00a0States and propose amendments if appropriate.<\/p>\n

Article\u00a040<\/p>\n

Transposition<\/p>\n

1.\u00a0\u00a0\u00a0Member\u00a0States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 23 May 2018 at the latest. They shall immediately communicate the text of those measures to the Commission.<\/p>\n

When Member\u00a0States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. They shall also include a statement that references in existing laws, regulations and administrative provisions to the Directives repealed by this Directive shall be construed as references to this Directive. Member\u00a0States shall determine how such reference is to be made and how that statement is to be formulated.<\/p>\n

2.\u00a0\u00a0\u00a0Member\u00a0States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.<\/p>\n

Article\u00a041<\/p>\n

Repeal<\/p>\n

Directives\u00a02004\/114\/EC and\u00a02005\/71\/EC are repealed for the Member\u00a0States bound by this Directive\u00a0with effect from 24 May 2018, without prejudice to the obligations of the Member\u00a0States relating to the time limits for transposition into national law of those Directives set out in Part B of Annex I to this Directive.<\/p>\n

For the Member\u00a0States bound by this Directive, references to the repealed Directives shall be construed as references to this Directive and shall be read in accordance with the correlation tables in Annex II.<\/p>\n

Article\u00a042<\/p>\n

Entry into force<\/p>\n

This Directive shall enter into force on the day following that of its publication in the Official Journal of the European\u00a0Union<\/span>.<\/p>\n

Article\u00a043<\/p>\n

Addressees<\/p>\n

This Directive is addressed to the Member\u00a0States in accordance with the Treaties.<\/p>\n

\n

Done at Strasbourg, 11 May 2016.<\/p>\n

\n

For the European\u00a0Parliament<\/span><\/p>\n

The President<\/span><\/p>\n

M. SCHULZ<\/p>\n<\/div>\n

\n

For the Council<\/span><\/p>\n

The President<\/span><\/p>\n

J.A. HENNIS-PLASSCHAERT<\/p>\n<\/div>\n<\/div>\n

\n

(1<\/span>)\u00a0\u00a0OJ C 341, 21.11.2013, p. 50.<\/p>\n

(2<\/span>)\u00a0\u00a0OJ C 114, 15.4. 2014, p. 42.<\/p>\n

(3<\/span>)\u00a0\u00a0Position of the European Parliament of 25 February 2014 (not yet published in the Official Journal) and position of the Council at first reading of 10 March 2016 (not yet published in the Official Journal).<\/p>\n

(4<\/span>)\u00a0\u00a0Council 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 (OJ\u00a0L 375, 23.12.2004, p.\u00a012).<\/p>\n

(5<\/span>)\u00a0\u00a0Council Directive 2005\/71\/EC of 12\u00a0October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research (OJ\u00a0L 289, 3.11.2005, p. 15).<\/p>\n

(6<\/span>)\u00a0\u00a0Council Directive 2003\/86\/EC of 22 September 2003 on the right to family reunification (OJ\u00a0L 251, 3.10.2003, p.\u00a012).<\/p>\n

(7<\/span>)\u00a0\u00a0OJ\u00a0C 372, 20.12.2011, p.\u00a036.<\/p>\n

(8<\/span>)\u00a0\u00a0Directive 2014\/66\/EU of the European Parliament and of the Council of 15 May 2014 on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer (OJ\u00a0L 157, 27.5.2014, p.\u00a01).<\/p>\n

(9<\/span>)\u00a0\u00a0Regulation (EU) 2016\/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 77, 23.3.2016, p. 1).<\/p>\n

(10<\/span>)\u00a0\u00a0Regulation (EC) No 1987\/2006 of the European Parliament and of the Council of 20\u00a0December\u00a02006 on the establishment, operation and use of the second generation Schengen Information System (SIS II) (OJ L 381, 28.12.2006, p. 4).<\/p>\n

(11<\/span>)\u00a0\u00a0Directive 2008\/115\/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p.\u00a098).<\/p>\n

(12<\/span>)\u00a0\u00a0Directive 2011\/98\/EU of the European Parliament and of the Council of 13 December 2011 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State (OJ L 343, 23.12.2011, p.\u00a01).<\/p>\n

(13<\/span>)\u00a0\u00a0Regulation (EC) No 883\/2004 of the European Parliament and of the Council of 29\u00a0April\u00a02004 on the coordination of social security systems (OJ L 166, 30.4.2004, p.\u00a01).<\/p>\n

(14<\/span>)\u00a0\u00a0Regulation (EU) No 1231\/2010 of the European Parliament and of the Council of 24\u00a0November\u00a02010 extending Regulation (EC) No 883\/2004 and Regulation (EC) No\u00a0987\/2009 to nationals of third countries who are not already covered by these Regulations solely on the ground of their nationality (OJ L 344, 29.12.2010, p. 1).<\/p>\n

(15<\/span>)\u00a0\u00a0Council Regulation (EC) No 1030\/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals (OJ L 157, 15.6.2002, p. 1).<\/p>\n

(16<\/span>)\u00a0\u00a0OJ C 369, 17.12.2011, p. 14.<\/p>\n

(17<\/span>)\u00a0\u00a0Directive 2011\/95\/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (OJ L 337, 20.12.2011, p.\u00a09).<\/p>\n

(18<\/span>)\u00a0\u00a0Council Directive 2001\/55\/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof (OJ L 212, 7.8.2001, p.\u00a012).<\/p>\n

(19<\/span>)\u00a0\u00a0Council Directive 2003\/109\/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (OJ\u00a0L\u00a016, 23.1.2004, p.\u00a044).<\/p>\n

(20<\/span>)\u00a0\u00a0Council Directive 2009\/50\/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment (OJ L 155, 18.6.2009, p.\u00a017).<\/p>\n

(21<\/span>)\u00a0\u00a0Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (OJ L 239, 22.9.2000, p. 19).<\/p>\n

(22<\/span>)\u00a0\u00a0Council Regulation (EC) No 1683\/95 of 29 May 1995 laying down a uniform format for visas (OJ L 164, 14.7.1995, p.\u00a01).<\/p>\n

(23<\/span>)\u00a0\u00a0Recommendation of the European Parliament and of the Council of 23 April 2008 on the establishment of the European Qualifications Framework for lifelong learning (OJ C 111, 6.5.2008, p.\u00a01).<\/p>\n

(24<\/span>)\u00a0\u00a0Regulation (EC) No 862\/2007 of the European Parliament and of the Council of 11 July 2007 on Community statistics on migration and international protection and repealing Council Regulation (EEC) No 311\/76 on the compilation of statistics on foreign workers (OJ\u00a0L\u00a0199, 31.7.2007, p.\u00a023).<\/p>\n

\n
\n

ANNEX I<\/p>\n

Part A<\/p>\n

Repealed Directives<\/p>\n

(referred to in Article\u00a041)<\/p>\n\n\n\n<\/colgroup>\n\n\n\n
\n

Council Directive 2004\/114\/EC<\/p>\n<\/td>\n

\n

(OJ L 375, 23.12.2004, p. 12)<\/p>\n<\/td>\n<\/tr>\n

\n

Council Directive 2005\/71\/EC<\/p>\n<\/td>\n

\n

(OJ L 289, 3.11.2005, p. 15)<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

Part B<\/p>\n

Time limits for transposition into national law and dates of application<\/p>\n

(referred to in Article\u00a041)<\/p>\n\n\n\n\n<\/colgroup>\n\n\n\n\n
\n

Directive<\/p>\n<\/td>\n

\n

Time limit for transposition<\/p>\n<\/td>\n

\n

Date of application<\/p>\n<\/td>\n<\/tr>\n

\n

2004\/114\/EC<\/p>\n<\/td>\n

\n

12.1.2007<\/p>\n<\/td>\n

\n

\n<\/td>\n<\/tr>\n

\n

2005\/71\/EC<\/p>\n<\/td>\n

\n

12.10.2007<\/p>\n<\/td>\n

\n

\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n

\n
\n

ANNEX II<\/p>\n

Correlation Tables<\/p>\n\n\n\n<\/colgroup>\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n
\n

Directive 2004\/114\/EC<\/p>\n<\/td>\n

\n

This Directive<\/p>\n<\/td>\n<\/tr>\n

\n

Article 1(a)<\/p>\n<\/td>\n

\n

Article 1(a)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 1(b)<\/p>\n<\/td>\n

\n

\u2014<\/p>\n<\/td>\n<\/tr>\n

\n

\u2014<\/p>\n<\/td>\n

\n

Article 1(b)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 2, introductory wording<\/p>\n<\/td>\n

\n

Article 3, introductory wording<\/p>\n<\/td>\n<\/tr>\n

\n

Article 2(a)<\/p>\n<\/td>\n

\n

Article 3(1)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 2(b)<\/p>\n<\/td>\n

\n

Article 3(3)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 2(c)<\/p>\n<\/td>\n

\n

Article 3(4)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 2(d)<\/p>\n<\/td>\n

\n

Article 3(5)<\/p>\n<\/td>\n<\/tr>\n

\n

\u2014<\/p>\n<\/td>\n

\n

Article 3(6)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 2(e)<\/p>\n<\/td>\n

\n

Article 3(11) and (13)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 2(f)<\/p>\n<\/td>\n

\n

Article 3(7)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 2(g)<\/p>\n<\/td>\n

\n

Article 3(22)<\/p>\n<\/td>\n<\/tr>\n

\n

\u2014<\/p>\n<\/td>\n

\n

Article 3(8)<\/p>\n<\/td>\n<\/tr>\n

\n

\u2014<\/p>\n<\/td>\n

\n

Article 3(12)<\/p>\n<\/td>\n<\/tr>\n

\n

\u2014<\/p>\n<\/td>\n

\n

Article 3(14) to (21)<\/p>\n<\/td>\n<\/tr>\n

\n

\u2014<\/p>\n<\/td>\n

\n

Article 3(23) and (24)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 3(1)<\/p>\n<\/td>\n

\n

Article 2(1)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 3(2)(a) to (d)<\/p>\n<\/td>\n

\n

Article 2(2)(a) to (d)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 3(2)(e)<\/p>\n<\/td>\n

\n

\u2014<\/p>\n<\/td>\n<\/tr>\n

\n

\u2014<\/p>\n<\/td>\n

\n

Article 2(2)(e) to (g)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 4<\/p>\n<\/td>\n

\n

Article 4<\/p>\n<\/td>\n<\/tr>\n

\n

Article 5<\/p>\n<\/td>\n

\n

Article 5(1)<\/p>\n<\/td>\n<\/tr>\n

\n

\u2014<\/p>\n<\/td>\n

\n

Article 5(2) and (3)<\/p>\n<\/td>\n<\/tr>\n

\n

\u2014<\/p>\n<\/td>\n

\n

Article 6<\/p>\n<\/td>\n<\/tr>\n

\n

Article 6(1)(a) to (c) and (e)<\/p>\n<\/td>\n

\n

Article 7(1)(a) to (d)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 6(1)(d)<\/p>\n<\/td>\n

\n

Article 7(6)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 6(2)<\/p>\n<\/td>\n

\n

\u2014<\/p>\n<\/td>\n<\/tr>\n

\n

\u2014<\/p>\n<\/td>\n

\n

Article 7(2) and (3)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 7(1), introductory wording<\/p>\n<\/td>\n

\n

Article 11(1), introductory wording<\/p>\n<\/td>\n<\/tr>\n

\n

Article 7(1)(a)<\/p>\n<\/td>\n

\n

Article 11(1)(a)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 7(1)(b)<\/p>\n<\/td>\n

\n

Articles 7(1)(e) and 11(1)(d)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 7(1)(c)<\/p>\n<\/td>\n

\n

Article 11(1)(c)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 7(1)(d)<\/p>\n<\/td>\n

\n

Article 11(1)(b)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 7(2)<\/p>\n<\/td>\n

\n

Article 11(2)<\/p>\n<\/td>\n<\/tr>\n

\n

\u2014<\/p>\n<\/td>\n

\n

Article 11(3)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 8<\/p>\n<\/td>\n

\n

Article 31<\/p>\n<\/td>\n<\/tr>\n

\n

Article 9(1) and (2)<\/p>\n<\/td>\n

\n

Article 12(1) and (2)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 10, introductory wording<\/p>\n<\/td>\n

\n

Article 13(1), introductory wording<\/p>\n<\/td>\n<\/tr>\n

\n

Article 10(a)<\/p>\n<\/td>\n

\n

Article 13(1)(a)<\/p>\n<\/td>\n<\/tr>\n

\n

\u2014<\/p>\n<\/td>\n

\n

Article 13(1)(b)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 10(b)<\/p>\n<\/td>\n

\n

Articles 7(1)(e) and 13(1)(c)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 10(c)<\/p>\n<\/td>\n

\n

Article 13(1)(d)<\/p>\n<\/td>\n<\/tr>\n

\n

\u2014<\/p>\n<\/td>\n

\n

Article 13(1)(e) and (f)<\/p>\n<\/td>\n<\/tr>\n

\n

\u2014<\/p>\n<\/td>\n

\n

Article 13(2) to (4)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 11, introductory wording<\/p>\n<\/td>\n

\n

Article 14(1), introductory wording<\/p>\n<\/td>\n<\/tr>\n

\n

Article 11(a)<\/p>\n<\/td>\n

\n

Article 14(2)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 11(b)<\/p>\n<\/td>\n

\n

Article 14(1)(a)<\/p>\n<\/td>\n<\/tr>\n

\n

\u2014<\/p>\n<\/td>\n

\n

Article 14(1)(b)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 11(c)<\/p>\n<\/td>\n

\n

Article 14(1)(c)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 11(d)<\/p>\n<\/td>\n

\n

Article 14(1)(d)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 12(1)<\/p>\n<\/td>\n

\n

Article 18(2)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 12(2)<\/p>\n<\/td>\n

\n

Article 21(2)(f)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 13<\/p>\n<\/td>\n

\n

Article 18(4)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 14<\/p>\n<\/td>\n

\n

Article 18(6)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 15<\/p>\n<\/td>\n

\n

Article 18(7)<\/p>\n<\/td>\n<\/tr>\n

\n

\u2014<\/p>\n<\/td>\n

\n

Article 18(3), (5), (8) and (9)<\/p>\n<\/td>\n<\/tr>\n

\n

\u2014<\/p>\n<\/td>\n

\n

Articles 16, 17 and 19<\/p>\n<\/td>\n<\/tr>\n

\n

Article 16(1)<\/p>\n<\/td>\n

\n

Article 21(1)(a) and (b)<\/p>\n<\/td>\n<\/tr>\n

\n

\u2014<\/p>\n<\/td>\n

\n

Article 21(1)(c) and (d)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 16(2)<\/p>\n<\/td>\n

\n

Article 21(4)<\/p>\n<\/td>\n<\/tr>\n

\n

\u2014<\/p>\n<\/td>\n

\n

Article 21(2)(a) to (e)<\/p>\n<\/td>\n<\/tr>\n

\n

\u2014<\/p>\n<\/td>\n

\n

Article 21(3)<\/p>\n<\/td>\n<\/tr>\n

\n

\u2014<\/p>\n<\/td>\n

\n

Article 21(5) to (7)<\/p>\n<\/td>\n<\/tr>\n

\n

\u2014<\/p>\n<\/td>\n

\n

Article 22(3) and (4)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 17(1), first subparagraph, first sentence<\/p>\n<\/td>\n

\n

Article 24(1)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 17(1), first subparagraph, second sentence<\/p>\n<\/td>\n

\n

Article 24(3)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 17(1), second subparagraph<\/p>\n<\/td>\n

\n

Article 24(2)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 17(2)<\/p>\n<\/td>\n

\n

Article 24(3)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 17(3) and (4)<\/p>\n<\/td>\n

\n

\u2014<\/p>\n<\/td>\n<\/tr>\n

\n

\u2014<\/p>\n<\/td>\n

\n

Article 24<\/p>\n<\/td>\n<\/tr>\n

\n

\u2014<\/p>\n<\/td>\n

\n

Article 27<\/p>\n<\/td>\n<\/tr>\n

\n

\u2014<\/p>\n<\/td>\n

\n

Article 30<\/p>\n<\/td>\n<\/tr>\n

\n

\u2014<\/p>\n<\/td>\n

\n

Articles 32 and 33<\/p>\n<\/td>\n<\/tr>\n

\n

Article 18(1)<\/p>\n<\/td>\n

\n

Article 34(1)<\/p>\n<\/td>\n<\/tr>\n

\n

\u2014<\/p>\n<\/td>\n

\n

Article 34(2)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 18(2), (3) and (4)<\/p>\n<\/td>\n

\n

Article 34(3), (4) and (5)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 19<\/p>\n<\/td>\n

\n

\u2014<\/p>\n<\/td>\n<\/tr>\n

\n

\u2014<\/p>\n<\/td>\n

\n

Article 35, first paragraph<\/p>\n<\/td>\n<\/tr>\n

\n

Article 20<\/p>\n<\/td>\n

\n

Article 36<\/p>\n<\/td>\n<\/tr>\n

\n

\u2014<\/p>\n<\/td>\n

\n

Articles 37 and 38<\/p>\n<\/td>\n<\/tr>\n

\n

Article 21<\/p>\n<\/td>\n

\n

Article 39<\/p>\n<\/td>\n<\/tr>\n

\n

Articles 22 to 25<\/p>\n<\/td>\n

\n

\u2014<\/p>\n<\/td>\n<\/tr>\n

\n

\u2014<\/p>\n<\/td>\n

\n

Articles 40 to 42<\/p>\n<\/td>\n<\/tr>\n

\n

Article 26<\/p>\n<\/td>\n

\n

Article 43<\/p>\n<\/td>\n<\/tr>\n

\n

\u2014<\/p>\n<\/td>\n

\n

Annexes I and II<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n
\n

Directive 2005\/71\/EC<\/p>\n<\/td>\n

\n

This Directive<\/p>\n<\/td>\n<\/tr>\n

\n

Article 1<\/p>\n<\/td>\n

\n

Article 1(a)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 2, introductory wording<\/p>\n<\/td>\n

\n

Article 3, introductory wording<\/p>\n<\/td>\n<\/tr>\n

\n

Article 2(a)<\/p>\n<\/td>\n

\n

Article 3(1)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 2(b)<\/p>\n<\/td>\n

\n

Article 3(9)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 2(c)<\/p>\n<\/td>\n

\n

Article 3(10)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 2(d)<\/p>\n<\/td>\n

\n

Article 3(2)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 2(e)<\/p>\n<\/td>\n

\n

Article 3(22)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 3(1)<\/p>\n<\/td>\n

\n

Article 2(1)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 3(2)(a)<\/p>\n<\/td>\n

\n

Article 2(2)(a)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 3(2)(b)<\/p>\n<\/td>\n

\n

\u2014<\/p>\n<\/td>\n<\/tr>\n

\n

Article 3(2)(c)<\/p>\n<\/td>\n

\n

Article 2(2)(b)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 3(2)(d)<\/p>\n<\/td>\n

\n

\u2014<\/p>\n<\/td>\n<\/tr>\n

\n

Article 4<\/p>\n<\/td>\n

\n

Article 4<\/p>\n<\/td>\n<\/tr>\n

\n

Article 5(1)<\/p>\n<\/td>\n

\n

Article 9(1)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 5(2)<\/p>\n<\/td>\n

\n

Article 9(2)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 5(3)<\/p>\n<\/td>\n

\n

Article 8(2)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 5(4)<\/p>\n<\/td>\n

\n

Article 10(7)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 5(5)<\/p>\n<\/td>\n

\n

Article 35, second paragraph<\/p>\n<\/td>\n<\/tr>\n

\n

Article 5(6)<\/p>\n<\/td>\n

\n

Article 9(3)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 5(7)<\/p>\n<\/td>\n

\n

Article 10(8)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 6(1)<\/p>\n<\/td>\n

\n

Article 10(1)<\/p>\n<\/td>\n<\/tr>\n

\n

\u2014<\/p>\n<\/td>\n

\n

Article 10(2)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 6(2)(a)<\/p>\n<\/td>\n

\n

Article 10(4)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 6(2)(b)<\/p>\n<\/td>\n

\n

Article 7(1)(e)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 6(2)(c)<\/p>\n<\/td>\n

\n

Article 7(1)(c)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 6(2)(d)<\/p>\n<\/td>\n

\n

Article 10(3)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 6(3)<\/p>\n<\/td>\n

\n

\u2014<\/p>\n<\/td>\n<\/tr>\n

\n

Article 6(4) and (5)<\/p>\n<\/td>\n

\n

Article 10(5) and (6)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 7(1)(a)<\/p>\n<\/td>\n

\n

Article 7(1)(a)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 7(1)(b)<\/p>\n<\/td>\n

\n

Article 8(1)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 7(1)(c)<\/p>\n<\/td>\n

\n

Article 8(2)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 7(1)(d)<\/p>\n<\/td>\n

\n

Article 7(6)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 7(1), last subparagraph<\/p>\n<\/td>\n

\n

\u2014<\/p>\n<\/td>\n<\/tr>\n

\n

Article 7(2)<\/p>\n<\/td>\n

\n

\u2014<\/p>\n<\/td>\n<\/tr>\n

\n

Article 7(3)<\/p>\n<\/td>\n

\n

Article 5(3)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 8<\/p>\n<\/td>\n

\n

Article 18(1)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 9<\/p>\n<\/td>\n

\n

Article 26<\/p>\n<\/td>\n<\/tr>\n

\n

Article 10(1)<\/p>\n<\/td>\n

\n

Article 21(1)(a), (b) and (d)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 10(2)<\/p>\n<\/td>\n

\n

Article 21(4)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 11(1) and (2)<\/p>\n<\/td>\n

\n

Article 23<\/p>\n<\/td>\n<\/tr>\n

\n

Article 12<\/p>\n<\/td>\n

\n

Article 22(1) and (2)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 13<\/p>\n<\/td>\n

\n

Articles 28 and 29<\/p>\n<\/td>\n<\/tr>\n

\n

Article 14(1)<\/p>\n<\/td>\n

\n

Article 7(5)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 14(2) and (3)<\/p>\n<\/td>\n

\n

Article 7(4)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 14(4)<\/p>\n<\/td>\n

\n

Article 5(3)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 15(1)<\/p>\n<\/td>\n

\n

Article 34(1)<\/p>\n<\/td>\n<\/tr>\n

\n

\u2014<\/p>\n<\/td>\n

\n

Article 34(2)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 15(2)<\/p>\n<\/td>\n

\n

Article 34(3)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 15(3)<\/p>\n<\/td>\n

\n

Article 34(4)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 15(4)<\/p>\n<\/td>\n

\n

Article 34(5)<\/p>\n<\/td>\n<\/tr>\n

\n

Article 16<\/p>\n<\/td>\n

\n

Article 39<\/p>\n<\/td>\n<\/tr>\n

\n

Article 17 to 20<\/p>\n<\/td>\n

\n

\u2014<\/p>\n<\/td>\n<\/tr>\n

\n

Article 21<\/p>\n<\/td>\n

\n

Article 43<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n