Proposal for a Council Directive amending Directive 2003/109/EC to extend its scope to beneficiaries of international protection
Date: 2007-06-06
Institutions: European Commission
Subjects: admission of aliens, foreign national, legal status, refugee, residence permit, rights of aliens

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 6.6.2007 
COM(2007) 298 final 

2007/0112 (CNS) 

Proposal for a 

COUNCIL DIRECTIVE 

amending Directive 2003/109/EC to extend its scope to beneficiaries of international 
protection 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1)  CONTEXT OF THE PROPOSAL 

110 

•  Grounds for and objectives of the proposal 

Refugees and beneficiaries of subsidiary protection (hereinafter also “beneficiaries of 
international protection”) are currently not entitled to long-term resident status under 
Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-
country  nationals  who  are  long-term  residents.  The  Council  and  the  Commission, 
acknowledging this gap, called in the Joint Statement of 8 May 2003 for the extension 
of  Council  Directive  2003/109/EC  to  cover  beneficiaries  of  international  protection. 
This  proposal  is  to  give  effect  to  that  statement  by  including  beneficiaries  of 
international protection within the scope of Council Directive 2003/109/EC. 

120 

•  General context 

In the Commission's proposal of 2001 for Council Directive 2003/109/EC1, refugees 
could  qualify  for  long-term  resident  status  after  five  years  of  legal  and  continuous 
residence in a Member State.  

However,  in  the  course  of  the  negotiations,  it  was  decided  to  exclude  refugees  from 
the  scope  of  the  Directive,  and  in  the  Joint  Statement  from  the  Council  and  the 
Commission,  made  at  the  JHA  Council  of  8  May  2003,  it  was  agreed  that  the 
Commission  would  table  a  proposal  for  a  Directive  on  the  extension  of  long-term 
resident status to refugees and persons under subsidiary protection, taking into account 
the study on transfer of protection status. 

130 

•  Existing provisions in the area of the proposal 

Long-term  resident  status,  and  the  rights  and  benefits  attached  to  that  status,  are 
defined  in  Council  Directive  2003/109/EC  which  will  apply  also  to  beneficiaries  of 
international protection following the adoption of this proposal. According to Council 
Directive  2004/83/EC  of  29  April  2004,  beneficiaries  of  international  protection  are 
third  country  nationals  or  stateless  persons  who  have  been  granted  refugee  or 
subsidiary protection status within the meaning of this Directive. 

140 

•  Consistency with other policies 

This proposal is fully in line with the Tampere European Council Conclusions of 1999 
and  the  Hague  programme  of  2004  concerning  the  fair  treatment  of  third-country 
nationals.  

2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

211 

In  2004  the  Commission  services  informally  discussed  the  broad  outline  of  this 

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COM(2001) 127 . 

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proposal with the Member States in the Committee on Immigration and Asylum (CIA) 
as well as in two informal expert meetings. 

UNHCR,  the  European  Council  on  Refugees  and  Exiles  (ECRE)  as  well  as  the 
Churches'  Commission  for  Migrants  in  Europe  (CCME)  were  also  informally 
consulted in 2004. 

A  “study  on  transfer  of  protection  status  in  the  EU,  against  the  background  of  the 
Common European Asylum System and the goal of a uniform status valid throughout 
the Union for those granted asylum” was carried out by the Danish Refugee Council, 
the  Migration  Policy  Institute  and  the  Institute  for  Migration  and  Ethnic  Studies'  on 
behalf of the Commission. The report of the study consists of three parts, describing 
the  existing  legal  framework,  the  practice  of  eleven  Member  States  and  one  non-
Member  State  and  future  scenarios  for  a  community  mechanism  for  transfer  of 
protection.  The  researchers  consulted  eleven  Member  States,  the  UNHCR  and  the 
Council  of  Europe  (on  the  European  Agreement  on  transfer  of  responsibility).  The 
final  report,  which  was  discussed  with  Member  States'  experts,  met  with  broad 
consensus. 

212 

The parties consulted welcomed the extension of the Directive to refugees. However, 
some  Member  States  expressed  doubts  as  to  the  inclusion  of  beneficiaries  of 
subsidiary protection. The Commission decided nevertheless to include that group in 
this proposal because it considers that the situations of all third-country nationals who 
have resided for five years in the host Member State should be covered (in addition the 
Joint Statement of May 2003 referred to both categories).  

Most  parties  consulted  agreed  with  the  analysis  in  the  study  that  the  transfer  of 
protection may occur even before long-term resident status is acquired, which implies 
that transfer of protection would merit a separate proposal. Most parties consulted also 
agreed  that  a  community  mechanism  on  transfer  of  protection  implies  mutual 
recognition  of  asylum  decisions  which  in  turn  requires  a  sufficient  level  of 
harmonisation  of  Member  States'  asylum  procedures.  The  Commission  consequently 
decided  not  to  include  a  community  mechanism  for  transfer  of  protection  in  this 
proposal.  

3)  LEGAL ELEMENTS OF THE PROPOSAL 

305  AMENDING COUNCIL DIRECTIVE 2003/109/EC 

The main aim of the proposal is to offer beneficiaries of international protection legal 
certainty about their residence in a Member State and rights which are comparable to 
those of EU nationals after 5 years of legal residence, thus closing a gap left open by 
Directive  2004/83/EC.  This  is  done  by  deleting  the  exceptions  to  the  scope  of 
Directive  2003/109/EC  concerning  beneficiaries  of  international  protection,  while 
taking  into  account,  where  necessary,  their  specific  position  as  compared  to  other 
third-country nationals.  

LONG-TERM RESIDENT STATUS IN A FIRST MEMBER STATE 

Beneficiaries  of  international  protection  should be able to acquire long-term resident 
status  in  the  Member  State  which  has  granted  them  protection  subject  to  the  same 

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conditions as other third-county nationals. Furthermore, beneficiaries of international 
protection  who  obtain  long-term  resident  status  should  enjoy  fully  the  rights  and 
benefits  attached  to  this  status  and  should  also  be  subject  to  the  restrictions  and 
limitations  of  these  rights  and  benefits  prescribed  by  Directive  2003/109/EC. 
However,  as  long  as  a  long-term  resident  remains  a  beneficiary  of  international 
protection  under  Directive  2004/83/EC,  his/her  rights  flowing  from  Directive 
2004/83/EC cannot be impeded by limitations set out in Directive 2003/109/EC. The 
question of whether the beneficiaries of international protection who are granted long-
term  resident  status  may  still  need  international  protection  or  whether  they  are  still 
entitled  to  international  protection  status  under  Directive  2004/83/EC  is  outside  the 
scope of the present Directive.  

Nonetheless,  the  initial  grant  of  protection  also  requires  ensuring  respect  for  the 
principle  of  non-refoulement  in  the  event  of  withdrawal  or  loss  of  the  long-term 
resident status in the first Member State.  

RESIDENCE  IN  AND  LONG-TERM  RESIDENT  STATUS  IN  A  SECOND 
MEMBER STATE 

Chapter  III  of  Council  Directive  2003/109/EC  sets  out  the  conditions  under  which 
long-term  residents  may  exercise  their  right  of  residence  in  another  Member  State. 
These conditions should apply in full to beneficiaries of international protection who 
have been granted long-term residence.  

Beneficiaries  of  international  protection  applying  under  Article  23  of  Directive 
2003/109/EC for long-term resident status in a different Member State from that which 
granted  them  international  protection  should  also  be  obliged  to  comply  with  all 
relevant conditions required by Directive 2003/109/EC .  

NO  COMMUNITY  MECHANISM  ON  TRANSFER  OF  RESPONSIBILITY  FOR 
PROTECTION UNDER THE AMENDED DIRECTIVE 2003/109/EC 

This Directive only grants, under certain conditions, the right to take up residence in a 
second  Member  State  to  long-term  residents,  not  to  beneficiaries  of  international 
protection as such (Directive 2004/83/EC does not grant such a right either). Although 
taking up residence in a second Member State may result in some cases in the transfer 
of  responsibility  for  protection  at  a  certain  moment  in  time,  the  issue  is  outside  the 
scope of this Directive.  

Although  reliable  statistics  are  not  available,  the  study  on  transfer  of  protection 
mentioned above illustrates that requests for transfer of protection are rarely made. In 
practice,  the  differences  in  interpretation  by  Member  States  of  the  existing  legal 
provisions on transfer of protection do not cause insurmountable problems. The study 
also clarifies that transfer of protection is not inherently linked to a long-term resident 
status  for  beneficiaries  of  international  protection,  since  a  refugee  can  be  allowed  to 
reside in a second Member State (for work or family reasons) even before having been 
granted  long-term  resident  status  in  a  first  Member  State.  Moreover,  transfer  of 
protection implies the mutual recognition of asylum decisions between Member States 
which  in  turn  requires  a  level  of  harmonisation  of  the  Member  States'  asylum 
procedures which does not exist for the moment. 

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Consequently  the  proposal  to  amend  Directive  2003/109/EC  does  not  include  a 
mechanism  for  transfer  of  responsibility  for  protection  under  community  law.  This 
implies  that  requests  for  transfer  of  responsibility  for  protection  remain  governed  by 
the  1951  Geneva  convention  and  by  the  European  Agreement  on  transfer  of 
responsibility  for  refugees  concluded  in  the  framework  of  the  Council  of  Europe, 
where applicable. 

ENSURING THE RESPECT OF THE PRINCIPLE OF NON-REFOULEMENT BY 
THE SECOND MEMBER STATE  

Since  the  proposal  does  not  deal  with  the  transfer  of  responsibility  for  international 
protection, it is important to safeguard the respect of the principle of non-refoulement 
in the second Member State. This issue gains even more importance once a beneficiary 
of  international  protection  who  has  already  obtained  long-term  resident  status  in  a 
Member  State  (the  first  Member  State)  is  also  granted  long-term  residence  status  in 
another  Member  State  (the  second  Member  State)  after  having  resided  there  for  5 
years.  

Consequently, it must be ensured that the authorities of the second Member State are 
fully  aware  that  a  long-term  resident  applying  for  residence  in  the  territory  of  that 
Member  State  was  granted  international  protection  in  another  Member  State.  This 
should be ensured both in the case where long-term residents who are beneficiaries of 
international protection have not yet acquired a long-term resident status in the second 
Member  State,  as  well  as  in  the  case  where  they  have  already  acquired  a  long-term 
resident status in the second  Member State. To  this end, it is proposed to provide in 
Article 8 that this information should be mentioned on the long-term residence permit 
under  the  heading  “remarks”.  Although  this  mention  would  not  be  in  itself  evidence 
that a person is at present a beneficiary of international protection, it would guarantee 
that the authorities of the second Member State are aware of the possibly continuing 
need  for  international  protection  (the  “international  protection  background”)  of  the 
long-term  resident  concerned.  Where  a  long-term  resident  is  granted  the  long-term 
resident status also in a second Member State, this information should be reproduced 
in  the  residence  permit  issued  by  this  Member  State,  unless,  following  consultation 
with the Member State which granted the protection status, the second Member State 
establishes that in the meantime the status has been withdrawn.  

For the cases where a long-term resident status has not yet been granted in the second 
Member  State,  Article  22  of  Directive  2003/109/EC  should  also  be  amended  so  that 
the  removal  from  the  second  Member  State  of  long-term  residents  whose  permits 
contain  the  remark  stating  that  they  are  beneficiaries  of  international  protection  in 
another Member State - and who therefore may still have protection needs - is possible 
only to the first Member State.  

For  the  case  where  a  long-term  resident  status  was  granted  in  the  second  Member 
State, Article 12 should be amended so as to provide that where the authorities of the 
second Member State consider the adoption of an expulsion measure, they are obliged 
to  consult  the  authorities  of  the  Member  State  which  granted  the  protection  to  the 
person concerned. If this Member State confirms that the person is still a beneficiary 
of  international  protection,  expulsion  from  the  second  Member  State  will  only  be 
possible  to  the  Member  State  which  originally  granted  the  protection  to  the  person 

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concerned.  

However, both cases of readmission should be without prejudice to the provisions of 
Article 21(2) of Directive 2004/83/EC, regarding the exceptions to the protection from 
refoulement.  

4)  LEGAL BASIS 

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This proposal amends Directive 2003/109/EC and uses the same legal base as that act, 
namely  Articles  63(3)(a)  and  63(4)  of  the  EC  Treaty.  This  legal  base  is  appropriate 
given  that  long-term  resident  status  for  beneficiaries  of  international  protection  is  a 
tool  for  their  integration  as  third-country  nationals  in  the  host  Member  State  and  is 
therefore a matter of immigration policy. 

The United Kingdom and Ireland are not bound by Directive 2003/109/EC following 
the  Protocol  on  the  position  of  the  United  Kingdom  and  Ireland  annexed  to  the 
Treaties. Likewise, Denmark is not bound by virtue of the Protocol on the position of 
Denmark, annexed to the Treaties.  

5)  SUBSIDIARITY PRINCIPLE 

321  Beneficiaries  of 

international  protection  fall  outside 

the  scope  of  Directive 
2003/109/EC, which means that Member States decide at national level whether, and 
if  so,  on  what  conditions  beneficiaries  of  international  protection  can  be  granted  a 
more permanent status and what the scope of such a status would be. Currently they 
can obtain this status in some Member States, but not in all. Moreover, the scope of 
their status differs between the Member States. The Council and the Commission have 
agreed, however, that beneficiaries of international protection should be entitled to the 
long-term  resident  status  referred  to  in  Directive  2003/109/EC  in  all  the  Member 
States  on  comparable  conditions.  This  requires  the  adoption  of  common  rules  at 
Community level. 

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Therefore  amending  Directive  2003/109/EC  is  the  best  method  of  ensuring  equal 
treatment for all third-country nationals who have legally resided in a Member State 
for a certain period.  

6)  PROPORTIONALITY PRINCIPLE 

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The form of Community action must be the simplest that will enable the objective of 
the  proposal  to  be  attained  and  effectively  implemented.  In  this  spirit,  the  legal 
instrument  chosen  is  a  Directive  amending  an  existing  Directive.  It  will  lay  down 
general principles but leave it to the Member States to which it is addressed to choose 
the  most  appropriate  form  and  methods  for  giving  effect  to  these  principles  in  their 
national legal system and general context. The proposed Directive merely determines 
the  conditions  for  the  acquisition  of  long-term  resident  status  by  third-country 
nationals who are also beneficiaries of international protection. Member States, if they 
wish,  may  determine  more  favourable  conditions  for  the  acquisition  of  a  permanent 
status applying solely in the national context. 

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7)  DETAILED EXPLANATION OF THE PROPOSAL 

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Amendment of Article 2  

Given  the  necessary  link  between  Directive 2004/83/EC  of  29  April  2004  on 
minimum  standards  for  the  qualification  and  status  of  third  country  nationals  and 
stateless persons as refugees or as persons who otherwise need international protection 
and  Directive  2003/109/EC,  where  it  comes  to  the  definition  of  the  group  of  third-
country  nationals  who  should  also  be  able  to  obtain  long-term  resident  status,  it  is 
appropriate  to  add  to  Article  2  of  Directive  2003/109/EC  a  reference  to  the  key 
definition of 'international protection' in Directive 2004/83/EC.  

Amendment of Article 3  

It  is  proposed  to  delete  the  provisions  that  exclude  beneficiaries  of  international 
protection from the scope of Directive 2003/109/EC.  

Amendment of Article 4  

It  is  proposed  to  amend  Article  4  of  Directive  2003/109/EC  in  order  to  take  the 
duration of the asylum procedure into account for the calculation of 'five years of legal 
residence'  in  a  Member  State.  This  ensures  fair  treatment  in  case  a  third-country 
national is granted international protection status as a consequence of review or appeal 
against a previous negative decision taken on his/her application for asylum.  

Amendment of Article 8  

Articles  8  to  11  of  Directive  2003/109/EC  shall  apply  in  full  to  beneficiaries  of 
international  protection  who  lodge  an  application  for  long-term  resident  status  in  a 
Member State.  

However, it is necessary to address Member States’ concerns regarding the respect of 
the principle of non-refoulement where the residence of a long-term resident could be 
ended on the basis of Directive 2003/109/EC. These concerns relate to the fact that the 
‘protection background’ of the residence of the third-country national could possibly 
be overlooked where the national authorities competent for granting and withdrawing 
an international protection status are different from those competent for granting and 
withdrawing  a  long-term  resident  status.  The  issue  is  also  important  in  the  situation 
where  a  beneficiary  of  international  protection  who  was  granted  long-term  resident 
status  moves  to  another  Member  State  and  after  5  years  of  residence  acquires  long-
term resident status in that Member State. 

To  ensure  therefore  that  the  competent  authorities  are  aware  of  this  “protection 
background”, the proposed amendment of Article 8 obliges Member States to include 
in  the  long-term  EC  residence  permit  granted  to  beneficiaries  of  international 
protection a specific remark regarding the fact that the third-country national has been 
granted a protection status.  

The same information should be entered by the second Member State granting long-
term resident status to a third country national whose long-term EC residence permit 
issued by the first Member State contains the above mentioned remark. However, the 

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second  Member  State  shall  not  reproduce  this  information  on  the  permit  if,  after 
having  consulted  the  Member  State  which  according  to  the  remark  granted 
international protection, it finds out that international protection has been withdrawn. 

Amendment of Article 11 

The  question  whether  the  beneficiaries  of  international  protection  who  are  granted 
long-term  resident  status  may  still  need  international  protection  or  whether  they 
maintain  their  international  protection  status  under  Directive  2004/83/EC  is  outside 
the  scope  of  the  present  Directive.  However,  where  they  maintain  their  international 
protection  status  under  Directive  2004/83/EC  and  they  reside  in  the  Member  State 
which granted them this status, they remain entitled to the rights and benefits attached 
to this status.  

Therefore  an  amendment  of  Article  11  is  necessary  in  order  to  clarify  that  the 
possibilities  for  restrictions  of  the  principle  of  equal  treatment  referred  to  in  this 
Article  may  apply  in  their  case  only  to  the  extent  that  they  are  compatible  with  the 
provisions of Directive 2004/83/EC. 

Amendment of Articles 12 and 22  

Although  the  transfer  of  responsibility  for  protection  is  outside  the  scope  of  this 
Directive, Member States are bound by the principle of non-refoulement in the 1951 
Geneva  convention  –  and  reflected  in  Article  21  of  Directive  2004/83/EC  –  and  the 
European  Convention  on  Human  Rights,  in  particular  Article  3  thereof,  where 
applying the provisions of this Directive on removal from the territory of the Union.  

The  proposed  amendments  to  Articles  12  (new  paragraphs  3a  and  6)  and  22  (new 
paragraph 3a) aim to ensure as far as possible that the principle of non-refoulement is 
safeguarded in all situations which may arise in the exercise of rights under Directive 
2003/109/EC by a beneficiary of international protection. In practice, Member States 
will  first  have  to  assess  whether  Directive  2004/83/EC  (still)  applies  to  the  third-
country national, and if so, whether the removal of the third-country national from the 
territory of the Union would be in compliance with the principle of non-refoulement.  

A) Expulsion by the Member State which granted long-term resident status – Article 
12 

For cases where according to the remark introduced under Article 8(4) both long-term 
resident status and international protection was granted by the same Member State, the 
new  paragraph  6  guarantees  the  respect  of  Article  21  of  Directive  2004/83/EC.  This 
will  oblige  the  Member  State  considering  the  adoption  of  an  expulsion  measure  to 
verify whether the third country national still benefits from international protection. If 
this is the case, expulsion is possible only in the cases foreseen by this provision. 

For  the  cases  where,  according  to  the  remark  introduced  pursuant  to  Article  8(4), 
international protection was granted by a different Member State from the one which 
granted  long-term  resident  status,  paragraph  3b  was  added  to  Article  12.  This 
provision  obliges  the  second  Member  State,  which  considers  adoption  of  expulsion 
measures,  to  consult  the  Member  State  which  according  to  the  remark  granted 
international  protection  to  the  third  country  national  concerned.  If,  following  the 

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consultation,  it  is  established  that  the  third  country  national  still  benefits  from 
international  protection in  the consulted Member State, expulsion is possible only to 
this  Member  State.  In  that  case  this  Member  State  is  obliged  to  readmit  the  third-
country  national  concerned  without  formalities.  The  new  paragraph  6  guarantees 
however  that  expulsion  outside  the  European  Union  may  still  be  possible  if  the 
conditions of Article 21(2) of Directive 2004/83/EC are fulfilled.  

Evidently,  in  both  cases  mentioned  above,  the  readmission  mechanism  cannot  apply 
where a transfer of responsibility of the protection of the person concerned has taken 
place between the first and second Member State in accordance with their obligations 
under international instruments.  

B)  Expulsion  by  the  Member  State  where  a  long-term  resident  exercises  the  right  to 
mobility according to Chapter III of the Directive – Article 22 

In order to safeguard the respect of the principle of non-refoulement in cases where a 
long-term  resident  who  is  a  beneficiary  of  international  protection  resides  in  the 
second  Member  State  but  has  not  yet  acquired  long-term  resident  status  in  this 
Member State, the possibility of removal on the basis of Article 22 should be restricted 
to  a  removal  to  the  first  Member  State.  However,  according  to  the  second 
subparagraph of Article 22(3a), the expulsion outside the European Union would still 
be possible if the conditions of Article 21(2) of Directive 2004/83/EC are fulfilled. 

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Amendment of Article 25  

In  order  to  facilitate  the  necessary  information  exchange  between  Member  States  as 
required by Article 12(3a), Article 25 should be amended accordingly so as to allow 
the use of the network of national contact points also for that purpose.  

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Proposal for a 

2007/0112 (CNS) 

COUNCIL DIRECTIVE 

amending Directive 2003/109/EC to extend its scope to beneficiaries of international 
protection 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
63(3) and (4) thereof, 

Having regard to the proposal from the Commission2, 

Having regard to the opinion of the European Parliament3, 

Having regard to the opinion of the European Economic and Social Committee4, 

Having regard to the opinion of the Committee of the Regions5, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

2 
3 
4 
5 
6 
7 

Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-
country  nationals  who  are  long-term  residents6  does  not  apply  to  refugees  and 
beneficiaries of subsidiary protection covered by Council Directive 2004/83/ EC of 29 
April  2004  on  minimum  standards  for  the  qualification  and  status  of  third  country 
nationals  or  stateless  persons  as  refugees  or  as  persons  who  otherwise  need 
international protection and the content of the protection granted7.  

The prospect of obtaining long-term residence status in a Member State after a certain 
time  is  an  important  element  for  the  full  integration  of  beneficiaries  of  international 
protection in the Member State of residence.  

Long-term resident status for beneficiaries of international protection is also important 
in  promoting  economic  and  social  cohesion,  a  fundamental  objective  of  the 
Community stated in the Treaty. 

Beneficiaries  of  international  protection  should  therefore  be  able  to  obtain  long-term 
residence status after five years of continuous and legal residence in the Member State 
which  granted  them  international  protection  subject  to  the  same  conditions  as  other 

OJ C  
OJ C  
OJ C  
OJ C  
OJ L 16, 23.1.2004, p. 44. 
OJ L 304, 30.9.2004, p. 12. 

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third-country  nationals.  The  duration  of  the  procedure  for  the  examination  of  their 
application for international protection should be taken into account for the purposes 
of calculating this five-year period of continuous and legal residence.  

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. 

Beneficiaries  of  international  protection  who  are  long-term  residents  should  enjoy 
equality of treatment with citizens of the Member State of residence in a wide range of 
economic and social matters, under certain conditions, so that long-term resident status 
constitutes  a  genuine  instrument  for  the  integration  of  long-term  residents  in  the 
society in which they live. 

The  equality  of  treatment  of  beneficiaries  of  international  protection  in  the  Member 
State  which  granted  them  international  protection  should  be  without  prejudice  to  the 
rights and benefits guaranteed under Directive 2004/83/EC. 

The conditions set out in Directive 2003/109/EC concerning the right of a long-term 
resident to reside in another Member State and obtain long-term residence status there 
should apply in the same way to all third-country nationals having obtained long-term 
resident status. 

(5) 

(6) 

(7) 

(8) 

(9) 

Transfer of responsibility for protection of beneficiaries of international protection is 
outside the scope of this Directive.  

(10)  Where  a  Member  State  intends  to  expel,  on  a  ground  provided  for  in  Directive 
2003/109/EC,  a  beneficiary  of  international  protection  who  has  acquired  long-term 
residence  status  in  this  Member  State,  the  person  concerned  should  enjoy  the 
protection against refoulement guaranteed by Directive 2004/83/EC. For the purposes 
of  ensuring  the  full  respect  of  the  principle  of  non-refoulement  where  the  person 
concerned  was  granted  the  protection  status  in  another  Member  State  and  this  status 
has not been withdrawn in the meantime, it is necessary to provide that he/she may be 
expelled  only  to  the  Member  State  which  granted  the  protection  status  and  that  this 
Member  State  is  obliged  to  readmit  him/her,  unless  such  an  expulsion  is  permitted 
under the provisions of Directive 2004/83/EC regarding the respect of the principle of 
non-refoulement.  

(11)  For the same reason, the possibility provided by Directive 2003/109/EC for the second 
Member State to remove from the territory of the Union a third country national who 
has  taken  up  residence  but  has  not  yet  obtained  a  long-term  resident  status  in  this 
Member State should not apply where the person concerned was granted a protection 
status  in  another  Member  State,  unless  such  a  removal  is  permitted  under  the 

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provisions  of  Directive  2004/83/EC  regarding  the  respect  of  the  principle  of  non-
refoulement.  

(12)  This  Directive  respects  the  fundamental  rights  and  freedoms  and  observes  the 
principles  recognized  in  particular  by  the  Charter  of  Fundamental  Rights  of  the 
European Union. In accordance with the prohibition of discrimination contained in the 
Charter,  Member  States  should  implement  this  Directive  without  discrimination 
between the beneficiaries of this Directive on grounds such as sex, race, color, ethnic 
or social origin, genetic characteristics, language, religion or beliefs, political or other 
opinion,  membership  of  an  ethnic  minority,  property,  birth,  disability,  age  or  sexual 
orientation. 

(13) 

(14) 

In  accordance  with  Articles  1  and  2  of  the  Protocol  on  the  position  of  the 
United Kingdom  and  Ireland,  annexed  to  the  Treaty  on  European  Union  and  to  the 
Treaty establishing the European Community, and without prejudice to Article 4 of the 
said  Protocol,  these  Member  States  are  not  participating  in  the  adoption  of  this 
Directive and are not bound by or subject to its application. 

In  accordance  with  Articles  1  and  2  of  the  Protocol  on  the  position  of  Denmark, 
annexed  to  the  Treaty  on  European  Union  and  the  Treaty  establishing  the  European 
Community, Denmark did not take part in the adoption of Directive 2003/109/EC and 
is not bound by or subject to the application of this Directive, 

HAS ADOPTED THIS DIRECTIVE: 

Article 1 

Directive 2003/109/EC is amended as follows:  

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/EC8;” 

2. 

Article 3(2) is amended as follows: 

a) 

Point (c) is replaced by the following: 

“(c)  have  applied  for  authorisation  to  reside  in  a  Member  State  on  the  basis  of  a 
subsidiary  form  of  protection  in  accordance  with  international  obligations, 
national  legislation  or  the  practice  of  the  Member  States  and  are  awaiting  a 
decision on their status;” 

b) 

Point (d) is replaced by the following: 

“(d)  have  applied  for  recognition  as  refugees  and  whose  application  has  not  yet 

given rise to a final decision;” 

8 

OJ L 304, 30.9.2004, p. 12 

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3. 

In Article 4(2), the following subparagraph is added:  

“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.” 

4. 

In Article 8 the following paragraphs 4 and 5 are added: 

“4.  Where a Member State issues a long-term resident’s EC residence permit to a 
third  country  national  to  whom  it  granted  international  protection,  it  shall  enter  in 
his/her EC residence permit under the heading “remarks” the following: “The holder 
of this permit was granted international protection in [name of the Member State] on 
[date]”. 

5.  Where  the  long-term  resident’s  EC  residence  permit  is  issued  by  a  second 
Member  State  to  a  third  country  national  whose  long-term  EC  residence  permit 
contains the remark referred to in paragraph 4, the second Member State shall enter 
the same remark in the long term resident’s EC permit. 

Before the second Member State enters the remark referred to in paragraph 4, it may 
consult  the  Member  State  mentioned  in  the  remark  as  to  whether  the  long  term 
resident  still  benefits  from  international  protection.  Where  the  international 
protection has been withdrawn by a final decision, the second Member State shall not 
enter the remark referred to in paragraph 4.” 

5. 

In Article 11 the following paragraph 4a is inserted:  

“4a.  As  far  as  the  Member  State  which  granted  international  protection  is 
concerned,  paragraphs  3  and  4  are  without  prejudice  to  the  provisions  of  Directive 
2004/83/EC.” 

6. 

Article 12 is amended as follows: 

a) 

The following paragraph 3a is inserted:  

“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. 

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.” 

b) 

The following paragraph 6 is added: 

“6.  This Article is without prejudice to Article 21 of Directive 2004/83/EC.”  

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7. 

In Article 22, the following paragraph 3a is inserted:  

“3a.  Paragraph  3  shall  not  apply  to  third-country  nationals  whose  long-term  EC 
residence permit issued by the first Member State contains the remark referred to in 
Article 8(4). 

This paragraph is without prejudice to Article 21 of Directive 2004/83/EC.” 

8. 

In Article 25, the first subparagraph is replaced by the following: 

“Member  States  shall  appoint  contact  points  who  will  be  responsible  for  receiving 
and transmitting the information referred to in Article 12(3a), Article 19(2), Article 
22(2) and Article 23(1).” 

Article 2 

1. 

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions  necessary  to  comply  with  this  Directive  by  at  the  latest.  They  shall 
forthwith  communicate  to  the  Commission  the  text  of  those  provisions  and  a 
correlation table between those provisions and this Directive.  

When  Member  States  adopt  those  provisions,  they  shall  contain  a  reference  to  this 
Directive  or  be  accompanied  by  such  a  reference  on  the  occasion  of  their  official 
publication. Member States shall determine how such reference is to be made. 

2. 

Member States shall communicate to the Commission the text of the main provisions 
of national law which they adopt in the field covered by this Directive. 

This  Directive  shall  enter  into  force  on  the  […]  day  following  that  of  its  publication  in  the 
Official Journal of the European Union. 

Article 3 

Article 4 

This Directive is addressed to the Member States. 

Done at Brussels,  

For the Council 
The President 

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