# CE2009259EN.01012601.xml

| 29.10.2009 | EN | Official Journal of the European Union | CE 259/126 |
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29.10.2009

EN

Official Journal of the European Union

CE 259/126

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Extension of scope of Directive 2003/109/EC to beneficiaries of international protection *

P6_TA(2008)0168

European Parliament legislative resolution of 23 April 2008 on the proposal for a Council directive amending Directive 2003/109/EC to extend its scope to beneficiaries of international protection (COM(2007)0298 — C6-0196/2007 — 2007/0112(CNS))

(2009/C 259 E/27)

(Consultation procedure)

The European Parliament,

The European Parliament

| — | having regard to the Commission proposal to the Council (COM(2007)0298), |
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—

having regard to the Commission proposal to the Council (COM(2007)0298),

| — | having regard to Article 63(3) and (4) of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0196/2007), |
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—

having regard to Article 63(3) and (4) of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0196/2007),

| — | having regard to Rule 51 of its Rules of Procedure, |
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—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and to the opinion of the Committee on Foreign Affairs (A6-0148/2008), |
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—

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and to the opinion of the Committee on Foreign Affairs (A6-0148/2008),

1.   Approves the Commission proposal as amended;

2.   Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

3.   Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

4.   Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

5.   Instructs its President to forward its position to the Council and the Commission.

| TEXT PROPOSED BY THE COMMISSION | AMENDMENTS BY PARLIAMENT |
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| Amendment 1


  Proposal for a directive — amending act


  Recital 5 |
| (5) | In view of the right of beneficiaries of international protection to reside in other Member States than the one which granted them international protection, it is necessary to ensure that these Member States are informed of the protection background of the persons concerned, so that they can comply with their obligations regarding the respect of the principle of non-refoulement. For this purpose the long-term resident's EC residence permit granted to beneficiaries of international protection should contain a remark providing information about the fact that international protection was granted by a Member State to its holder. Provided that international protection has not been withdrawn, this remark should be reproduced in the long-term resident's EC residence permit issued by the second Member State. |

TEXT PROPOSED BY THE COMMISSION

AMENDMENTS BY PARLIAMENT

Amendment 1

Amendment 1

Proposal for a directive — amending act

Proposal for a directive — amending act

Recital 5

Recital 5

(5)

In view of the right of beneficiaries of international protection to reside in other Member States than the one which granted them international protection, it is necessary to ensure that these Member States are informed of the protection background of the persons concerned, so that they can comply with their obligations regarding the respect of the principle of non-refoulement. For this purpose the long-term resident's EC residence permit granted to beneficiaries of international protection should contain a remark providing information about the fact that international protection was granted by a Member State to its holder. Provided that international protection has not been withdrawn, this remark should be reproduced in the long-term resident's EC residence permit issued by the second Member State.

| (5) | In view of the right of beneficiaries of international protection to reside in other Member States than the one which granted them international protection, it is necessary to ensure that these Member States are informed of the protection background of the persons concerned, so that they can comply with their obligations regarding the respect of the principle of non-refoulement. For this purpose the long-term resident's EC residence permit granted to beneficiaries of international protection should contain a remark providing information about the fact that international protection was granted by a Member State to its holder. Provided that international protection has not been withdrawn, this remark should be reproduced in the long-term resident's EC residence permit issued by the second Member State.
  However, the second Member State may not use this remark as a pretext, whether directly or indirectly, to refuse to grant long-term residence status on its territory. |
| --- | --- |

(5)

In view of the right of beneficiaries of international protection to reside in other Member States than the one which granted them international protection, it is necessary to ensure that these Member States are informed of the protection background of the persons concerned, so that they can comply with their obligations regarding the respect of the principle of non-refoulement. For this purpose the long-term resident's EC residence permit granted to beneficiaries of international protection should contain a remark providing information about the fact that international protection was granted by a Member State to its holder. Provided that international protection has not been withdrawn, this remark should be reproduced in the long-term resident's EC residence permit issued by the second Member State.
  However, the second Member State may not use this remark as a pretext, whether directly or indirectly, to refuse to grant long-term residence status on its territory.

However, the second Member State may not use this remark as a pretext, whether directly or indirectly, to refuse to grant long-term residence status on its territory.

Amendment 2

Amendment 2

Proposal for a directive — amending act

Proposal for a directive — amending act

Recital 10a (new)

Recital 10a (new)

| (10a) | Under the terms of this Directive, the granting of long-term residence status should not imply the revocation or withdrawal of the rights held by refugees, beneficiaries of subsidiary protection, and members of their family under Directive 2004/83/EC; |
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(10a)

(10a)

Under the terms of this Directive, the granting of long-term residence status should not imply the revocation or withdrawal of the rights held by refugees, beneficiaries of subsidiary protection, and members of their family under Directive 2004/83/EC;

Amendment 3

Amendment 3

Proposal for a directive — amending act

Proposal for a directive — amending act

Article 1 — point 1

Article 1 — point 1

Directive 2003/109/EC

Directive 2003/109/EC

Article 2 — point f

Article 2 — point f

| 1. | In Article 2, point (f) is
  replaced by the following
  :








  (f) | ‘international protection’ means international protection as defined in Article 2(a) of Council Directive 2004/83/EC; |
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1.

In Article 2, point (f) is
  replaced by the following
  :

replaced by the following

(f)

(f)

‘international protection’ means international protection as defined in Article 2(a) of Council Directive 2004/83/EC;

| 1. | In Article 2,
  the following
  point (f
  a
  )
  shall be inserted
  :








  (fa) | ‘international protection’ means international protection as defined in Article 2(a) of Council Directive 2004/83/EC; |
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1.

In Article 2,
  the following
  point (f
  a
  )
  shall be inserted
  :

the following

a

shall be inserted

(fa)

(fa)

‘international protection’ means international protection as defined in Article 2(a) of Council Directive 2004/83/EC;

Amendment 4

Amendment 4

Proposal for a directive — amending act

Proposal for a directive — amending act

Article 1 — point 3

Article 1 — point 3

Directive 2003/109/EC

Directive 2003/109/EC

Article 4 — paragraph 2

Article 4 — paragraph 2

Regarding beneficiaries of international protection, the period between the date on which the application for international protection is lodged and the date on which the residence permit referred to in Article 24 of Directive 2004/83/EC is granted shall be taken into account in the calculation of the period referred to in paragraph 1.

Regarding beneficiaries of international protection, the period between the date on which the
  first
  application for international protection is lodged
  , including where the first application is an application for temporary protection where temporary protection precedes access to international protection,
  and the date on which the residence permit referred to in Article 24 of Directive 2004/83/EC is granted shall be taken into account in the calculation of the period referred to in paragraph 1.

first

, including where the first application is an application for temporary protection where temporary protection precedes access to international protection,

Amendment 5

Amendment 5

Proposal for a directive — amending act

Proposal for a directive — amending act

Article 1 — point 3a (new)

Article 1 — point 3a (new)

Directive 2003/109/EC

Directive 2003/109/EC

Article 5 — paragraph 1 — subparagraph 1a (new)

Article 5 — paragraph 1 — subparagraph 1a (new)

| 3a. | In Article 5(1), the following subparagraph shall be added:



  Such requirements shall not apply to those beneficiaries of international protection who do not have access to employment. |
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3a.

3a.

In Article 5(1), the following subparagraph shall be added:

In Article 5(1), the following subparagraph shall be added:

Such requirements shall not apply to those beneficiaries of international protection who do not have access to employment.

Amendment 6

Amendment 6

Proposal for a directive — amending act

Proposal for a directive — amending act

Article 1 — point 3b (new)

Article 1 — point 3b (new)

Directive 2003/109/EC

Directive 2003/109/EC

Article 5 — paragraph 2 — subparagraph 1a (new)

Article 5 — paragraph 2 — subparagraph 1a (new)

| 3b. | In Article 5(2), the following subparagraph shall be added:



  National integration conditions may be applied to beneficiaries of international protection only after individual consideration of their case, taking into account their particularly vulnerable situation, by means of a reasoned decision in, accordance with Article 33 of Directive 2004/83/EC. |
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3b.

3b.

In Article 5(2), the following subparagraph shall be added:

In Article 5(2), the following subparagraph shall be added:

National integration conditions may be applied to beneficiaries of international protection only after individual consideration of their case, taking into account their particularly vulnerable situation, by means of a reasoned decision in, accordance with Article 33 of Directive 2004/83/EC.

Amendment 7

Amendment 7

Proposal for a directive — amending act

Proposal for a directive — amending act

Article 1 — point 6

Article 1 — point 6

Directive 2003/109/EC

Directive 2003/109/EC

Article 12 — paragraph 3 a

Article 12 — paragraph 3 a

3a.   Where a Member State decides to expel a long-term resident whose long-term resident's EC residence permit contains the remark referred to in Article 8(4), it shall
  consult
  the Member State
  mentioned
  in the
  remark
  .

consult

mentioned

remark

3a.   Where a Member State decides to expel a long-term resident whose long-term resident's EC residence permit contains the remark referred to in Article 8(4), it shall
  contact
  the Member State
  which granted international protection
  in
  order to confirm
  the
  status of that long-term resident
  .

contact

which granted international protection

order to confirm

status of that long-term resident

The Member State which granted international protection shall respond in writing to the Member State which made the request within a maximum of one month. The decision to expel the long-term resident may not be taken until the response of the Member State which granted international protection has been received.

The Member State which granted international protection shall respond in writing to the Member State which made the request within a maximum of one month. The decision to expel the long-term resident may not be taken until the response of the Member State which granted international protection has been received.

Unless in the meantime international protection has been withdrawn, the
  long-term
  resident
  shall
  be expelled to this Member State, which shall immediately readmit without formalities the long-term resident and his/her family members.

long-term

shall

Unless in the meantime international protection has been withdrawn, the
  long-term
  resident
  may, in accordance with the principle of non-refoulement, only
  be expelled to this Member State, which shall immediately readmit without formalities the long-term resident and his/her family members.

long-term

may, in accordance with the principle of non-refoulement, only

Amendment 8

Amendment 8

Proposal for a directive — amending act

Proposal for a directive — amending act

Article 1 — point 8

Article 1 — point 8

Directive 2003/109/EC

Directive 2003/109/EC

Article 25 — subparagraph 1a (new)

Article 25 — subparagraph 1a (new)

The Commission shall draw up and regularly update a list of contact points, and forward it to the Member States.

The Commission shall draw up and regularly update a list of contact points, and forward it to the Member States.

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