Report from the Commission to the European Parliament and the Council on the application of Directive 2004/114/EC on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service

Council Directive 2004/114 on the conditions of admission of third country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service was the third legislative instrument in the field of legal migration to be adopted following the Treaty of Amsterdam and the Tampere Conclusions of the European Council.

The overall objective is to promote Europe as a world centre of excellence for studies. As part of this effort, the Directive aims to set up a common legal framework, making it easier for people from outside the European Union (‘third country nationals’) to enter and stay in the EU for the purpose of studying. Having a coordinated and transparent legislative framework makes the EU more visible, accessible and attractive to third country students as a place of higher education. Moreover, student mobility benefits global economic development by promoting the circulation of knowledge and ideas.

The Directive also lays down a set of basic rules on the conditions under which school pupils, unremunerated trainees and volunteers may enter and stay in the EU. These forms of ‘temporary migration’ do not depend on the labour market situation in the host country. By promoting them, the Directive aims to encourage ‘mutual enrichment’ between different actors and ‘better familiarity among cultures’.

The early years of education have a fundamental influence on young people’s values, attitudes, aspirations and knowledge. Work placements and vocational training allow them to acquire important skills which may help them and their employers in future work situations. The 2011 European Year of Volunteering has highlighted how involvement in voluntary activities can be a source of valuable learning experiences and cultural exchanges. It helps volunteers acquire new skills and it promotes solidarity and democratic values.

This report meets the Commission’s obligation under Article 21 of the Directive. It gives an overview of how the Directive has been transposed and implemented by the Member States and it identifies possible problematic issues. This report is based on a study carried out for the Commission and on other sources, including ad-hoc enquiries made through the European Migration Network, complaints, questions and petitions sent by private individuals and discussions with Member States on practical issues arising from the application of the Directive.

The Directive was adopted on 13 December 2004. Denmark, Ireland and the United Kingdom are not bound by it.

EUR-Lex: COM(2011)587: Follow the progress of this document through the decision-making procedure http://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2011:587:FIN

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