Extension of scope of Directive 2003/109/EC to beneficiaries of international protection#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))
Date: 2008-04-23
Institutions: Committee on Civil Liberties, Justice and Home Affairs, European Parliament
Subjects: admission of aliens, foreign national, legal status, refugee, residence permit, rights of aliens








CE2009259EN.01012601.xml










29.10.2009   


EN


Official Journal of the European Union


CE 259/126





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,






—


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),










—


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),




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





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.












(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.











Amendment 2


Proposal for a directive — amending act


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;










Amendment 3


Proposal for a directive — amending act


Article 1 — point 1


Directive 2003/109/EC


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;
















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;













Amendment 4


Proposal for a directive — amending act


Article 1 — point 3


Directive 2003/109/EC


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.





Amendment 5


Proposal for a directive — amending act


Article 1 — point 3a (new)


Directive 2003/109/EC


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.










Amendment 6


Proposal for a directive — amending act


Article 1 — point 3b (new)


Directive 2003/109/EC


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.










Amendment 7


Proposal for a directive — amending act


Article 1 — point 6


Directive 2003/109/EC


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
.


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
.


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.


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.





Amendment 8


Proposal for a directive — amending act


Article 1 — point 8


Directive 2003/109/EC


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.