Application for Public or Private Organisations to be Recognised as a Research Organisation to host Third Country National Researchers for the purposes of LN212/2018

The Regulations published by virtue of L.N. 212 of 2018 (hereinafter referred to as the ‘Legal Notice’) brought into effect the provisions of Directive (EU) 2016/801 by Malta. This Legal Notice supersedes the pre-existing Legal Notice 102 of 2008 which had already established a number of the principal functions of Xjenza Malta (XM) Agency (hereinafter referred to as the ‘Agency’), formerly Malta Council for Science and Technology (MCST).

 

Research Organisation Approval

As per Regulation 2, a ‘research organisation’ is defined as a public or private organisation which conducts research and which has been approved by XM in accordance with the procedures established internally by XM.

Regulation 9(1) further provides that a research organisation wishing to host a researcher under the terms laid down in the regulations, shall be approved for that purpose by the Agency in accordance with procedures established by it.

It is to be noted that, in accordance with these provisions, the Agency has established a standard form to recognise research organisations as such for the purposes of LN212/2018, based on internal policy. A list of such approved research organisations is available on our website here below.

XM may refuse to renew or the approval given to a research organisation by virtue of Regulation 9(4) for the following reasons:

  • Which no longer meets the conditions laid down by the Agency for the purposes of Regulation 9(1), the provisions of regulation 8(1)(b) or the provisions of regulation 10(8); or
  • Which fails to provide to the Agency, within two months of the date of expiry of the hosting agreement referred to in regulation 10 with confirmation that the work has been carried out for each of the research projects in respect of which a hosting agreement has been signed; or
  • In cases where the approval has been fraudulently acquired; or
  • Where the said research organisation has signed a hosting agreement with a third-country national fraudulently or negligently.

 

Hosting Agreement

As per Regulation 8, third country nationals submitting an application to Identity Malta for admission for the purpose of research must also submit a hosting agreement, which shall specify the legal relationship and working conditions of the researcher, duly  between the host entity and the researcher, the modus operandi and showing that the conditions set out in Regulation 8(1) have been met.

According to Legal Notice 212 of 2018, particularly Regulation 10(1), a research organisation wishing to host a researcher shall sign a hosting agreement with such researcher in accordance with procedures laid down by Identity Malta Agency in consultation with the Agency and subject to the conditions of regulation 8 whereby the researcher  undertakes  to  complete  the  research  project  and  the organisation undertakes to host the researcher for that purpose. Identity Malta will be entrusted to ensure completion and vetting of such documentation.

Regulation 10(2) states that the contract between the hosting entity and the researcher may be considered as a hosting agreement as long as it satisfies the requirements found in Regulations 10(3) and 10(4) and any other requirements deemed necessary by Identity Malta.

Regulation 9(4)(b) provides that the host entity must, within 2 months from the expiry of the hosting agreement, provide confirmation to the Agency that the work was carried out for each research project for which the hosting agreement was signed.

Researchers from a host entity in another European Union Member State, who opt for a period of mobility with a host entity in Malta, also have to complete a hosting agreement with the research organisation in Malta. To this effect, a research organisation wishing to host a researcher shall sign a hosting agreement with such researcher and that said agreement shall be submitted to Identity Malta.

For further information please fill in the form below:

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