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Directive (EU) 2016/801 of the European Parliament and of the CouncilShow full title

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 (recast)

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Article 10Hosting agreement

1.A research organisation wishing to host a third-country national for the purpose of research shall sign a hosting agreement with the latter. Member States may provide that contracts containing the elements referred to in paragraph 2 and, where applicable, paragraph 3 shall be considered equivalent to hosting agreements for the purposes of this Directive.

2.The hosting agreement shall contain:

(a)

the title or purpose of the research activity or the research area;

(b)

an undertaking by the third-country national to endeavour to complete the research activity;

(c)

an undertaking by the research organisation to host the third-country national for the purpose of completing the research activity;

(d)

the start and end date or the estimated duration of the research activity;

(e)

information on the intended mobility in one or several second Member States if the mobility is known at the time of application in the first Member State.

3.Member States may also require the hosting agreement to contain:

(a)

information on the legal relationship between the research organisation and the researcher;

(b)

information on the working conditions of the researcher.

4.Research organisations may sign hosting agreements only if the research activity has been accepted by the relevant instances in the organisation, after examination of:

(a)

the purpose and estimated duration of the research activity, and the availability of the necessary financial resources for it to be carried out;

(b)

the third-country national's qualifications in the light of the research objectives, as evidenced by a certified copy of the qualifications.

5.The 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.

6.Research organisations shall promptly inform the competent authority of the Member State concerned of any occurrence likely to prevent implementation of the hosting agreement.

7.Member States 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.

8.Member States 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.

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