2007/0112(COD)
Immigration: status of third-country nationals who are long-term residents. Extension to beneficiaries of international protection (amend. Directive 2003/109/EC)
| AFET | AFET | DEVE | EMPL | LIBE | LIBE | |
| Lead Rapporteur | MORAES Claude (S&D) | ROURE Martine (PSE) | ||||
| Opinion Rapporteur(s) | MLADENOV Nickolay (PPE-DE) |
Legal basis: TFEU TFEU 079-p2
Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Opinion | AFET | ||
| Opinion | AFET | MLADENOV Nickolay (PPE-DE) | |
| Opinion | DEVE | ||
| Opinion | EMPL | ||
| Lead | LIBE | MORAES Claude (S&D) | NEDELCHEVA Mariya (EPP), WIKSTRÖM Cecilia (ALDE), SARGENTINI Judith (Verts/ALE), KIRKHOPE Timothy (ECR), TRIANTAPHYLLIDES Kyriacos (GUE/NGL) |
| Lead | LIBE | ROURE Martine (PSE) |
Legal Basis TFEU TFEU 079-p2
Activites
- 2011/05/19 Final act published in Official Journal
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2011/05/11
Final act signed
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2011/05/11
End of procedure in Parliament
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2011/04/11
Act adopted by Council after Parliament's 1st reading
- #3081
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2011/04/11
Council Meeting
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2010/12/21
CSL Final Agreement
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2010/12/14
Text adopted by Parliament after reconsultation
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T7-0463/2010
summary
The European Parliament adopted by 561 votes to 29, with 61 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Directive 2003/109/EC to extend its scope to beneficiaries of international protection. It adopted its position at first reading under the ordinary legislative procedure (formerly known as the codecision procedure). The amendments adopted in plenary are the result of a compromise negotiated between the European Parliament and the Council. They amend the Commission proposal as follows: Equality of treatment: 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. This 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 and under the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as amended by the Protocol signed in New York on 31 January 1967 (the Geneva Convention). Calculation of the duration of legal residence: new technical provisions have been added to clarify this issue. Regarding persons to whom international protection status has been granted, at least half of the period between the date on which the application for international protection was lodged, and on the basis of which that status was granted, and the date on which the residence permit referred to in Directive 2004/83/EC is granted, or the whole period if it exceeds 18 months, shall be taken into account in the calculation of the period (5 years according to the proposal). Long-stay residence permits: long-term residence permit: with regard to the remark relating to international protection in the residence permit, a second Member State must consult the Member State mentioned in the remark as to whether the long term resident no longer qualifies for international protection. The Member State mentioned in the remark shall reply to the consultation no later than one month after receiving the request from the second Member State. Where the international protection has been withdrawn by a final decision, the second Member State shall not enter the remark. Transfer of the responsibility of international protection: the transfer of responsibility for protection of beneficiaries of international protection is outside the scope of this Directive. Withdrawal or loss of status: it is provided that Member States may withdraw the long-term resident status in the event of the revocation, ending or refusal to renew international protection status as prescribed by Directive 2004/83/EC if the long-term resident status was obtained on the basis of international protection status. Protection against expulsion and non-refoulement: where a Member State intends to expel a beneficiary of international protection who has acquired long-term resident status in that Member State, the person concerned should enjoy the protection against refoulement guaranteed by Directive 2004/83/EC and the Geneva Convention. For that purpose, where the person concerned enjoys an international protection status in another Member State, it is necessary to provide, unless refoulement is permitted under the provisions of Directive 2004/83/EC, that he/she may be expelled only to the Member State which granted the international protection status and that that Member State is obliged to readmit him/her. The same safeguards should apply to a beneficiary of international protection who has taken up residence but has not yet obtained long-term resident status in a second Member State. Additional safeguards: where the expulsion of a beneficiary of international protection outside the EU territory is permitted under the provisions of Directive 2004/83/EC, Member States shall ensure that all information is obtained from relevant sources including, where appropriate, from the Member State that granted international protection, and is thoroughly assessed with a view to guaranteeing that the decision to expel him/her is in line with the Charter of Fundamental Rights of the European Union.
- Results of vote in Parliament
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T7-0463/2010
summary
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2010/12/14
Commission response to text adopted in plenary
- SP(2011)1477
- DG Justice, REDING Viviane
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2010/12/13
Debate in Parliament
- 2010/12/01 Committee report tabled for plenary, reconsultation
- 2010/12/01 Committee final report tabled for plenary, reconsultation
- 2010/11/29 Vote in committee, 1st reading/single reading
- #3043
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2010/11/08
Council Meeting
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2010/09/29
Deadline Amendments
- 2010/08/30 Committee draft report
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2009/12/02
Additional information
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2009/12/01
Formal reconsultation of Parliament
- #2908
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2008/11/27
Council Meeting
- #2783
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2008/06/05
Council Meeting
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2008/04/23
Text adopted by Parliament, 1st reading/single reading
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T6-0168/2008
summary
The European Parliament adopted, by 587 votes to 42 with 31 abstentions, a legislative resolution amending the proposal for a Council directive amending Directive 2003/109/EC to extend its scope to beneficiaries of international protection. The report was tabled for consideration in plenary by Martine ROURE (PES, FR) on behalf of the Committee on Civil Liberties, Justice and Home Affairs. The main amendments, adopted in the framework of the consultation procedure, are as follows: -the time spent processing the application should be taken into account in calculating the five years of residence preceding application for long-term residence status. The period between the date on which the first application for international protection is lodged, including where this first application is an application for temporary protection where the latter precedes access to international protection, and the date on which the residence permit is granted shall be taken into account in the calculation; -beneficiaries of international protection to be exempted from the material conditions (stable resources and sickness insurance) for the granting of long-term resident status, in recognition of the vulnerability of their situation; -national integration conditions may be applied to beneficiaries of international protection, by a reasoned decision in accordance with Directive 2004/83/EC, only after individual consideration of their case, bearing in mind their particularly vulnerable situation; -where a Member State decides to expel a long-term resident whose long-term resident's EC residence permit contains the remark that the holder was granted international protection, it shall contact the Member State that granted international protection in order to confirm the status of long-term resident. Parliament added that the Member State that granted international protection must respond in writing to the Member State that 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 that granted international protection has been received. 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.
- Results of vote in Parliament
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T6-0168/2008
summary
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2008/04/23
Commission response to text adopted in plenary
- SP(2008)3169
- DG Justice, REDING Viviane
- #2863
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2008/04/18
Council Meeting
- 2008/04/14 Committee report tabled for plenary, 1st reading/single reading
- 2008/03/27 Vote in committee, 1st reading/single reading
- 2008/02/19 Committee draft report
- 2007/07/09 Committee referral announced in Parliament, 1st reading/single reading
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2007/06/26
EP officialisation
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2007/06/06
Legislative proposal
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COM(2007)0298
summary
PURPOSE: to extend the scope of Directive 2003/109/EC by including "beneficiaries of international protection". PROPOSED ACT: Council Directive. BACKGROUND: Directive 2003/109/EC (see CNS/2001/0074) provides for the integration of third-country nationals who are long-term residents in the Member States. In 2001, the Commission had proposed that refugees should be able to qualify for long-term resident status after 5 years of legal and continuous residence in a Member States. However, it was finally decided to exclude refugees from the scope of the Directive. Thus, refugees as well as beneficiaries of international protection, are currently not entitled to long-term resident status. 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. CONTENT: the purpose of this proposal, therefore, is to amend Council Directive 2003/109/EC "concerning the status of third-country national who are long-term residents", by extending its scope to include "beneficiaries of international protection". "Beneficiaries of international protection" or beneficiaries of subsidiary protection are defined by Council Directive 2004/83/EC as "third country nationals or stateless persons who have been granted refugee or subsidiary protection status". By extending the scope of Directive 2003/109/EC, beneficiaries of international protection will be entitled to he same legal certainty and rights as those enjoyed by EU nationals after five years of legal residence. In summary, the Commission is proposing the following amendments to the Directive: Long term resident status in a first Member State: Beneficiaries of international protection will be able to acquire long-term resident status in the Member State which has granted them protection subject to the same conditions as other third country nationals. In addition, beneficiaries of international protection who obtain long-term resident status should be able to enjoy the rights and benefits attached to this status and should be subject to the same restrictions and limitations of these rights. The initial grant of protection will require 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, and long-term resident status, in a second Member State: to recall, Chapter III of Directive 2003/109/EC sets out the conditions under which long-term residents may exercise their right of residence in another EU Member States. The Commission proposes that these conditions 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: Directive 2003/109/EC only grants, under certain conditions, the right to take up residence in a second Member States to those who have been granted long-term residency. It does not extend to beneficiaries of international protection. The Commission proposes that this issue remain outside the scope of the amended Directive. As a result, requests for transfer of 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. Respecting the principle of non-refoulement by the second Member State: Since the proposal does not deal with the transfer of responsibility for international protection, the Commission points out that it is important to safeguard respect for the principle of non-refoulement in the second Member States. It is important, therefore, 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 States. To this end, the Commission proposes that this information be mentioned on the long-term residence permit. Readmission of a third country national with long-term resident status: 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 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. Furthermore, in order to facilitate the necessary information exchange between Member States, Article 25 should be amended accordingly so as to allow the use of the network of national contact points also for that purpose. On a final point, the United Kingdom, Ireland and Denmark are not bound by Directive 2003/109/EC.
- DG Justice, REDING Viviane
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COM(2007)0298
summary
Documents
- Legislative proposal published: COM(2007)0298
- Committee draft report: PE402.567
- Committee report tabled for plenary, 1st reading/single reading: A6-0148/2008
- Decision by Parliament, 1st reading/single reading: T6-0168/2008
- Results of vote in Parliament: Results of vote in Parliament
- Commission response to text adopted in plenary: SP(2008)3169
- Committee draft report: PE443.143
- Committee report tabled for plenary, reconsultation: A7-0347/2010
- Committee final report tabled for plenary, reconsultation: A7-0347/2010
- Decision by Parliament, 1st reading/single reading: T7-0463/2010
- Results of vote in Parliament: Results of vote in Parliament
- Commission response to text adopted in plenary: SP(2011)1477
- : Directive 2011/51
- : OJ L 132 19.05.2011, p. 0001
Votes
Report: Roure A6-0148/2008 - resolution
| Position | Total | ALDE | GUE/NGL | IND/DEM | NI | PPE-DE | PSE | UEN | Verts/ALE | correctional |
| For | 587 | 85 | 27 | 3 | 7 | 229 | 174 | 26 | 36 | 1 |
| Against | 42 | 0 | 1 | 14 | 17 | 7 | 0 | 3 | 0 | 0 |
| Abstain | 31 | 0 | 4 | 0 | 4 | 17 | 0 | 5 | 1 | 0 |
Report: Moraes A7-0347/2010 - Single vote
| Position | Total | NI | correctional |
| For | 561 | 6 | 1 |
| Against | 29 | 13 | 1 |
| Abstain | 61 | 4 | 2 |
| Amendments | Dossier |
| 9 |
2007/0112(COD) Immigration: status of third-country nationals who are long-term residents. Extension to beneficiaries of international protection (amend. Directive 2003/109/EC)
2010/09/30
LIBE
9 amendments...
Amendment 21 #
Proposal for a directive – amending act Recital 6 (6) 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. Language training should be provided by the Member States to beneficiaries of international protection in order to facilitate integration. Member States should also be encouraged to develop training programmes about the fundamental laws and core values of the Member State of residence and the principles of democracy, human rights and equality, as well as individual rights and obligations in that Member State.
Amendment 22 #
Proposal for a directive – amending act Article 1 – point 6 – point a Directive 2003/109/EC Article 12 – paragraph 3a – subparagraph 1 “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
Amendment 23 #
Proposal for a directive – amending act Article 1 – point 6 – point a Directive 2003/109/EC Article 12 – paragraph 3 a – subparagraph 2 “
Amendment 24 #
Proposal for a directive – amending act Article 1 – point 6 – point a Directive 2003/109/EC Article 12 – paragraph 3 a – subparagraph 2 a (new) “The expulsion of family members should not be automatic, but should be contingent upon the choice of the individual family members in accordance with existing Union legislation.”
Amendment 25 #
Proposal for a directive – amending act Article 1 – point 6 – point a Directive 2003/109/EC Article 12 – paragraph 3 a – subparagraph 2 a (new) “By way of derogation, the Member State which took the expulsion decision shall retain the right to remove the long-term resident to a country other than the Member State which granted international protection provided that the long term resident fulfils the conditions specified in Article 21(2) of Directive 2004/83/EC, in accordance with its international obligations.”
Amendment 26 #
Proposal for a directive – amending act Article 1 – point 6 – point b Directive 2003/109/EC Article 12 – paragraph 6 “6. This Article is without prejudice to Article 21(1) of Directive 2004/83/EC.”
Amendment 27 #
Proposal for a directive – amending act Article 1 – point 7 Directive 2003/109/EC Article 22 – paragraph 3a – subparagraph 1 “3a.
Amendment 28 #
Proposal for a directive – amending act Article 1 – point 7 Directive 2003/109/EC Article 22 – paragraph 3a - subparagraph 2 “This paragraph is without prejudice to Article 21(1) of Directive 2004/83/EC.”
Amendment 29 #
Proposal for a directive – amending act Article 2 – paragraph 1 – subparagraph 1 Directive 2003/109/EC 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 2 years at the latest after its entry into force. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
source: PE-448.987
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