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OPINION (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

EMPL-AD-601064

Committee on Employment and Social Affairs · Rapporteur: Brando Benifei

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The Committee on Employment and Social Affairs gives its opinion on the proposed regulation on qualification for international protection, replacing the Qualification Directive. It proposes amendments to align the rights of refugees and beneficiaries of subsidiary protection, including residence permits and social assistance. It asks that integration measures be free of charge, accessible and never put protection status at risk. It rejects the Commission's punitive approach to secondary movements and suggests incentives instead.

Committee position. The committee proposes amendments to align rights of refugees and subsidiary protection beneficiaries, ensure free and accessible integration measures, extend residence permits to five years, and replace punitive measures on secondary movements with incentives.

Key points

  1. The committee calls on the Committee on Civil Liberties, Justice and Home Affairs to take into account its amendments to the proposed regulation.
  2. It proposes aligning the rights of refugees and beneficiaries of subsidiary protection, as already done in some member states.
  3. It seeks to delete the possibility for member states to limit social assistance for beneficiaries of subsidiary protection to core benefits.
  4. It asks that integration measures such as language courses and vocational training be free of charge, available and easily accessible.
  5. It insists that non or partial participation in integration measures never put protection status at risk.
  6. It disagrees with the Commission's punitive approach to secondary movements and prefers a system of incentives to remain in the granting state.
  7. It proposes extending residence permits to five years for both refugees and beneficiaries of subsidiary protection.
  8. It proposes deleting the review of status when renewing residence permits for refugees and beneficiaries of subsidiary protection.
  9. It proposes deleting the amendment to the Long Term Residence Directive that would restart the 5-year period for long-term resident status.
  10. It asks that access to employment and social security may require a prior residence permit, within limits set by international obligations.
  11. It proposes that beneficiaries of international protection have access to education, vocational training and employment office services under the same conditions as nationals.
  12. It asks that unaccompanied minors be represented by a legal guardian within five days and that placement in administrative detention be avoided.

Who is affected

  • Beneficiaries of international protection, who would gain aligned rights and longer residence permits.
  • Member states, which would have to provide free integration measures and could not limit social assistance for subsidiary protection beneficiaries.
  • Unaccompanied minors, who would get legal representation and avoid administrative detention.
  • Local and regional authorities, which should have access to the Asylum, Migration and Integration Fund.

Figures and deadlines

  • Residence permit for refugees: five years, renewable for five years.
  • Residence permit for subsidiary protection: five years, renewable for five years.
  • Representation of unaccompanied minors within five days at the latest.
  • Long Term Residence Directive 2003/109/EC: 5-year period for long-term resident status.