According to the report published by the European Commission, the EU does not apply properly the Directive on the entry and residence of students, pupils, unremunerated trainees and volunteers from third countries. The report evaluated the state of transposition of the Directive and identifies problematic issues which are impeding the full potential of this EU instrument. It reveals a crucial need for amendments to the Directive.

The European Commission published a report which shows the conclusions drawn from a study on how Member States have implemented EU rules on the entry and residence of students, pupils, unremunerated trainees and volunteers from third countries suggests that the use of these forms of temporary migration could be further improved.

The report reveals a crucial need for amendments to the Directive 2004/114/EC, especially regarding: the reinforcement of procedural guarantees (specific deadlines for handling applications, obligation on Member States to give reasons for refusals); the strengthening of mobility clauses (which concern students admitted in a first Member State who apply to continue their studies in a second Member State); the stimulation of synergies with EU programmes that facilitate third-country nationals' mobility into the EU; or the improvement of the level of harmonisation as regards volunteers, unremunerated trainees and school pupils (this could help developing an overall EU legal framework in the area of education, training and cultural exchanges with third countries). Bearing in mind these finds, the Commission has the intention to propose amendments to the Directive during 2012.

The need of introducing reforms on such Directive is major, especially knowing that

. The highest number of third-country nationals arrive for the purpose of education and studies. In 2009, the countries which received the highest number of students were France, Italy, Germany, Spain and Sweden.