Which objective(s) does the Commission pursue?

More exchange students and international scholars will lead to economic growth, spur innovation and lead to more jobs in the long run. The EU should become more attractive for foreign students and researchers and increase its appeal as a world centre for excellence.

The Commission proposal recasts Directives 2004/114/EC and 2005/71/EC, thereby streamlining and simplifying the legislative framework in a single instrument.

The overall objective of the Commission proposal was to align, simplify and improve the provisions for entry and residence of third-country researchers, students, school pupils, unremunerated trainees and volunteers. Further, it aimed at creating rules for remunerated trainees and au pairs, supporting social, cultural and economic relationships, fostering the transfer of skills and know-how and promoting competitiveness while, at the same time, providing for appropriate safeguards to ensure fair treatment.

The proposal aimed at:

• streamlining admission procedures and making them more transparent for applicants (clearer deadlines, information to be provided to applicants);

• providing for fast track and easier procedures in cases where applicants are beneficiaries of EU mobility programme;

• facilitating mobility across Member States.

The proposal targeted the weaknesses identified in the implementation reports on those Directives, while ensuring increased transparency and legal certainty and offering a coherent legal framework for different categories of third-country nationals coming to the Union, thereby rendering the EU more attractive as a destination.

Estimated savings and benefits

Although the main benefits of the new legislation are economic and social, Member States can expect to make savings in a medium to long-term perspective through the harmonisation of criteria of admission and the facilitation of intra EU mobility, which will reduce the administrative burden on Member States' administration.

Due to the very limited availability of data on administrative costs, the savings could not be quantified further.

Outcome of legislative procedure

The final text of the Directive provides for mandatory rules for researchers, students, trainees and volunteers participating in the European Voluntary Service, while rules for other volunteers, school pupils and au pairs will be optional. Students will be allowed to work for at least 15 hours a week, thereby making it easier for them to support themselves during studies. The substance of the final text remains broadly in line with the initial proposal.

Estimated savings and benefits

There was no update of the estimation of savings and benefits following the legislative debate.

Implementation by Member States

On 19 July 2018, the Commission sent letters of formal notice to 17 Member States for non-communication or partial communication of transposition measures. On 24 January 2019 and 7 March 2019, the Commission adopted reasoned opinions with regard to 3 Member States for non-communication of transposition measures. On 25 July 2019, the Commission adopted reasoned opinions with regard to 4 further Member States for partial communication of such measures. At present, all Member States notified complete transposition of the Directive. All pending infringement cases have been closed in the meantime, with the exception of 1 case, at reasoned opinion stage.