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REPORT (COM(2016)0466 – C80324/2016 – 2016/0223(COD))

On the proposal for a regulation of the European Parliament and of the Council on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection and for the content of the protection granted and amending Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents

A-8-2017-0245 · A8-0245/2017

Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Tanja Fajon

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Written by a language model from the full text only; every figure comes from the text. The paragraph links open the paragraph a statement rests on — check the text itself before relying on it.

Parliament's amended version of the Commission proposal for a regulation on qualification for international protection replaces the Qualification Directive with a regulation setting common standards for refugee and subsidiary protection status. It aligns the rights of refugees and beneficiaries of subsidiary protection, harmonises residence permits at five years, and removes the possibility for Member States to limit social assistance for subsidiary protection to core benefits. It makes status reviews optional rather than compulsory, strengthens safeguards for minors and unaccompanied minors, and requires integration measures to be free of charge and accessible. It amends Directive 2003/109/EC on long-term residence to count the asylum procedure period and to exclude periods of unauthorised stay in another Member State.

Committee position. The committee proposes to amend the Commission proposal to align the two protection statuses, make status reviews optional, harmonise residence permits at five years, remove limits on social assistance for subsidiary protection, and strengthen integration measures and safeguards for minors.

Key points

  1. Replaces the Qualification Directive with a regulation to ensure faster and more consistent harmonisation and greater legal certainty.
  2. Aligns the rights and residence permits of refugees and beneficiaries of subsidiary protection, setting a five-year permit for both.
  3. Makes status reviews optional for Member States, to be triggered by significant changes in the country of origin, and exempts unaccompanied minors unless in their best interests.
  4. Deletes the possibility for Member States to limit social assistance for subsidiary protection beneficiaries to core benefits.
  5. Requires integration measures to be free of charge, easily accessible and take account of specific needs; participation may be compulsory but must not affect protection status.
  6. Strengthens safeguards for unaccompanied minors, including limits on the number of minors per guardian and monitoring of guardians.
  7. Introduces the benefit of the doubt for applicants who make a genuine effort to substantiate their application and submit all relevant elements.
  8. Requires credibility assessments to respect individual rights and prohibits basing them on stereotyped notions concerning sexual orientation and gender identity.
  9. Extends the grounds of persecution to include gender, sexual orientation, gender identity and disability, and recognises gender-related aspects as forming a particular social group.
  10. Makes internal protection an option for Member States, with the burden of demonstrating its availability resting on the determining authority.
  11. Amends Directive 2003/109/EC to count the period between the asylum application and the residence permit towards long-term residence, and to exclude periods of unauthorised stay in another Member State.
  12. Deletes the committee procedure and confers delegated powers on the Commission for specifying the form and content of information to beneficiaries.

Who is affected

  • Third-country nationals and stateless persons seeking or granted international protection in the EU.
  • Member States' determining authorities, which assess applications and decide on status.
  • Unaccompanied minors, who receive specific safeguards including guardianship and limits on guardians' caseloads.
  • Beneficiaries of international protection, who gain aligned rights and longer residence permits.
  • Local and regional authorities, which may access funds for integration actions.

Figures and deadlines

  • Residence permits for beneficiaries of international protection valid for five years, renewable for five-year periods.
  • Travel documents for refugees and subsidiary protection beneficiaries valid for at least five years.
  • Residence permit issued no later than 15 days after international protection is granted.
  • Guardian not placed in charge of more than 20 unaccompanied minors at the same time.
  • Delegated power conferred on the Commission for a period of two years from the date of entry into force.
  • Member States to comply with Article 4(3a) of Directive 2003/109/EC by 30 days after entry into force.
  • Regulation to start applying three months from its entry into force.
  • Decisions withdrawing refugee or subsidiary protection status take effect three months after adoption.

Legal basis: Article 294(2) and Articles 78(2)(a) and (b) and 79(2)(a) of the Treaty on the Functioning of the European Union.