Sittings · Document

DRAFT OPINION (COM(2016)0466 – C80324/2016 – 2016/0223(COD)) 2017-03-06

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

Committee on Employment and Social Affairs · Rapporteur: Brando Benifei

Official HTML ↗ PDF DOCX

Committee on Employment and Social Affairs

2016/0223(COD)

6.3.2017

DRAFT OPINION

PA_Legam

SHORT JUSTIFICATION

The proposed reform of the Common European Asylum System aims at shaping a more sustainable, fairer and holistic EU migration policy, based on the principles of fair sharing of responsibility and solidarity among Member States.

Notwithstanding the legislative and political effort carried out in the past years at the European and Member States’ level, in order to respond effectively to the refugee crisis, several aspects related to the well-functioning of the asylum system still remain to be addressed. In particular, differences persist on rules and criteria for granting refugee status and subsidiary protection; on recognition rates among Member States as well as on the set of rights and obligations granted to beneficiaries. The Commission proposes to repeal the previous Recast Qualification Directive with a Regulation, therefore increasing the harmonisation potential of new common European instruments. The rapporteur believes it essential for reforms in this field to achieve the overarching goal of improving the current situation, which should be intended as a step forward in the effective rights provided to people who are in need of protection, and not just as the merely functional administrative re-organisation or rationalisation of rules, practices and procedures.

With a view to this, the possibility for social inclusion and labour market integration of beneficiaries of international protection into society is key.

In his draft opinion, therefore, the rapporteur puts forward amendments with the aim of ensuring that EU legislation allows exploiting the maximum potential of such integration prospects. In first instance, this means aligning the rights granted to refugees, on the one hand, and to beneficiaries of subsidiary protection, on the other, as it is already the case in some Member States, being such distinction often based on the disputable assumption of a more temporary nature of the protection needed. This creates in practice not only an unnecessary administrative complexity, but risks directly jeopardising their integration chances, for example due to a too short duration of their residence or work permits - being the two often intrinsically connected - or by linking the renewal of such residence permit to a protection status review, which also appears costly and unnecessary. For similar reasons, the rapporteur proposes a deletion from the text of the possibility for Member States to limit social assistance of beneficiaries of subsidiary protection to core benefits.

Commission allows for Member States to make participation in integration measures such as language courses, vocational training and other employment-related measures compulsory for beneficiaries of protection, in order facilitate their integration into society. While this can be accepted as a valuable tool for turning the short-term challenges of integration into an opportunity for society as a whole, at the same time it needs to be specified that such measures must be free of charge, available, easily accessible and always take into account the rights and values of the beneficiary of protection. It is also necessary to ensure that non or partial participation to such measures never puts at risk the protection status of the person, as this will directly constitute a violation of international refugee law.

Finally, the rapporteur disagrees with the punitive approach chosen by the Commission to regulate secondary movements, while considering on the other hand a system of possible incentives to remain in the State that granted protection more appropriate.

AMENDMENTS

The Committee on Employment and Social Affairs calls on the Committee on Civil Liberties, Justice and Home Affairs,as the committee responsible, to take into account the following amendments:

Amendment 1

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(1) A number of substantive changes are to be made to Council Directive 2011/95/EU of 13 December 2011 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 granted31 (recast). To ensure harmonisation and more convergence in asylum decisions and as regards the content of international protection in order to reduce incentives to move within the European Union and ensure an equality of treatment of beneficiaries of international protection that Directive should be repealed and replaced by a Regulation.

(1) A number of substantive changes are to be made to Council Directive 2011/95/EU of 13 December 2011 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 granted31 (recast). To ensure harmonisation and more convergence in asylum decisions and as regards the content of international protection in order to encourage beneficiaries of international protection to remain in the Member State that granted them protection and ensure an equality of treatment of beneficiaries of international protection that Directive should be repealed and replaced by a Regulation.

__________________

31 OJ L 337, 20.12.2011, p. 9.

Or. en

Amendment 2

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(3) The CEAS is based on common standards for asylum procedures, recognition and protection offered at Union level, reception conditions and a system for determining the Member State responsible for asylum seekers. Notwithstanding progress achieved so far in the progressive development of the CEAS, there are still significant disparities between the Member States in the types of procedures used, the recognition rates, the type of protection granted, the level of material reception conditions and benefits given to applicants for and beneficiaries of international protection. These divergences are important drivers of secondary movements and undermine the objective of ensuring that all applicants are equally treated wherever they apply in the Union.

(3) The CEAS is based on common standards for asylum procedures, recognition and protection offered at Union level, reception conditions and a system for determining the Member State responsible for asylum seekers. Notwithstanding progress achieved so far in the progressive development of the CEAS, there are still significant disparities between the Member States in the types of procedures used, the recognition rates, the type of protection granted, the level of material reception conditions and benefits given to applicants for and beneficiaries of international protection. These divergences, together with very different macroeconomic and labour market situations in the Member States, are important drivers of secondary movements and undermine the objective of ensuring that all applicants are equally treated wherever they apply in the Union.

Or. en

Amendment 3

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4) In its Communication of 6 April 2016,32 the Commission set out its options for improving the CEAS, namely to establish a sustainable and fair system for determining the Member State responsible for asylum seekers, to reinforce the Eurodac system, to achieve greater convergence in the EU asylum system, to prevent secondary movements within the European Union and a new mandate for the European Union Agency for Asylum agency. That Communication is in line with calls by the European Council on 18-19 February 201633 to make progress towards reforming the EU's existing framework so as to ensure a humane and efficient asylum policy. It also proposes a way forward in line with the holistic approach to migration set out by the European Parliament in its own initiative report of 12 April 2016.

(4) In its Communication of 6 April 2016,32 the Commission set out its options for improving the CEAS, namely to establish a sustainable and fair system for determining the Member State responsible for asylum seekers, to reinforce the Eurodac system, to achieve greater convergence in the EU asylum system, to prevent secondary movements within the European Union and a new mandate for the European Union Agency for Asylum. That Communication is in line with calls by the European Council on 18-19 February 201633 to make progress towards reforming the EU's existing framework so as to ensure a humane and efficient asylum policy. However, it fails to propose a way forward in line with the holistic approach to migration set out by the European Parliament in its own initiative report of 12 April 2016.

__________________

32 COM (2016) 197 final.

33 EUCO 19.02.2016, SN 1/16.

Or. en

Amendment 4

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(8) The further approximation of rules on the recognition and content of refugee and subsidiary protection status should moreover help to limit the secondary movement of applicants for international protection and beneficiaries of international protection between Member States, where such movement may have been caused by any differences in the national legal measures taken to transpose the Qualification Directive replaced by this Regulation.

Or. en

Amendment 5

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

(10) Successful resettlement candidates should be granted international protection. Accordingly, the provisions of this Regulation on the content of international protection should apply, including the rules to discourage secondary movement.

(10) Successful resettlement candidates should be granted international protection. Accordingly, the provisions of this Regulation on the content of international protection should apply.

Or. en

Amendment 6

Proposal for a regulation

Recital 13

Text proposed by the Commission

Amendment

(13) The resources of the Asylum, Migration and Refugee Fund should be used to provide adequate support to Member States’ efforts in implementing the standards set by the Regulation, in particular to those Member States which are faced with specific and disproportionate pressure on their asylum systems, due in particular to their geographical or demographic situation.

(13) The resources of the Asylum, Migration and Integration Fund should be used to provide adequate support to Member States’ efforts in implementing the standards set by the Regulation, in particular to those Member States which are faced with specific and disproportionate pressure on their asylum systems, due in particular to their geographical, or demographic situation.

Or. en

Amendment 7

Proposal for a regulation

Recital 29

Text proposed by the Commission

Amendment

(29) In accordance with relevant case law of the Court of Justice of the European Union, when assessing applications for international protection, the competent authorities of the Member States should use methods for the assessment of the applicant's credibility in a manner that respects the individual's rights as guaranteed by the Charter, in particular the right to human dignity and the respect for private and family life. Specifically as regards sexual orientation and gender identity, the individual assessment of the applicant's credibility should not be based on stereotyped notions concerning sexual orientation and gender identity and the applicant should not be submitted to detailed questioning or tests as to his or her sexual practices. Moreover, the competent national authorities should not find that the statements of the applicant lack credibility on the sole ground that the applicant did not rely on his or her sexual orientation, gender identity, gender expression or sex characteristics when he or she first set out the details of his or her persecution.

Or. en

Amendment 8

Proposal for a regulation

Recital 37

Text proposed by the Commission

Amendment

(37) The residence permit and the travel documents issued to beneficiaries of international protection for the first time or renewed following the entry into force of this Regulation should comply with the rules laid down by Regulation (EC) No 1030/2002 and Council Regulation (EC) No 2252/2004 respectively.

(37) The residence permit and the travel documents issued to beneficiaries of international protection following the entry into force of this Regulation should comply with the rules laid down by Regulation (EC) No 1030/2002 and Council Regulation (EC) No 2252/2004 respectively.

Or. en

Amendment 9

Proposal for a regulation

Recital 39

Text proposed by the Commission

Amendment

(39) With a view to ascertaining whether beneficiaries of international protection are still in need of that protection, determining authorities should review the granted status when the residence permit has to be renewed, for the first time in the case of refugees, and for the first and second time in the case of beneficiaries of subsidiary protection, as well as when a significant relevant change in the beneficiaries' country of origin occurs as indicated by common analysis and guidance on the situation in the country of origin provided at Union level by the Agency and the European networks on country of origin information in accordance with Articles 8 and 10 of Regulation37 .

(39) With a view to ascertaining whether beneficiaries of international protection are still in need of that protection, determining authorities should review the granted status when a significant relevant change in the beneficiaries' country of origin occurs as indicated by common analysis and guidance on the situation in the country of origin provided at Union level by the Agency and the European networks on country of origin information in accordance with Articles 8 and 10 of Regulation37 .

__________________

37 COM(2016)271 final.

Or. en

Amendment 10

Proposal for a regulation

Recital 42

Text proposed by the Commission

Amendment

(42) Beneficiaries of international protection should reside in the Member State which granted them protection. Those beneficiaries who are in possession of a valid travel document and a residence permit issued by a Member State applying the Schengen acquis in full, should be allowed to enter into and move freely within the territory of the Member States applying the Schengen acquis in full, for a period up to 90 days in any 180-day period in accordance with Schengen Borders Code38 and with Article 21 of the Convention implementing the Schengen Agreement39 . Beneficiaries of international protection can equally apply to reside in a Member State other than the Member State which granted protection, in accordance with relevant EU rules, notably on the conditions of entry and residence of third-country nationals for the purposes of highly skilled employment40 and national rules; however, this does not imply any transfer of the international protection and related rights.

(42) Beneficiaries of international protection should be encouraged to reside in the Member State which granted them protection. Those beneficiaries who are in possession of a valid travel document and a residence permit issued by a Member State applying the Schengen acquis in full, should be allowed to enter into and move freely within the territory of the Member States applying the Schengen acquis in full, for a period up to 90 days in any 180-day period in accordance with Schengen Borders Code38 and with Article 21 of the Convention implementing the Schengen Agreement39 . Beneficiaries of international protection can equally apply to reside in a Member State other than the Member State which granted protection, in accordance with relevant EU rules, notably on the conditions of entry and residence of third-country nationals for the purposes of highly skilled employment40 and national rules; however, this does not imply any transfer of the international protection and related rights.

__________________

38 Regulation 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders.

39 Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders.

40 COM (2016) 378 final.

Or. en

Amendment 11

Proposal for a regulation

Recital 44

Text proposed by the Commission

Amendment

(44) In order to discourage secondary movements within the European Union, the Long Term Residence Directive 2003/109/EC should be amended to provide that the 5-year period after which beneficiaries of international protection are eligible for the Long Term Resident status should be restarted each time the person is found in a Member State, other than the one that granted international protection, without a right to stay or to reside there in accordance with relevant Union or national law.

(44) To encourage beneficiaries of international protection to remain in the Member State that granted them such protection, the duration of residence permits granted to them should be harmonised for an appropriate period of time.

Or. en

Amendment 12

Proposal for a regulation

Recital 47

Text proposed by the Commission

Amendment

(47) Within the limits set out by international obligations, the granting of benefits with regard to access to employment and social security requires the prior issuing of a residence permit.

(47) Within the limits set out by international obligations, the granting of benefits with regard to access to employment and social security may require the prior issuing of a residence permit.

Or. en

Amendment 13

Proposal for a regulation

Recital 49

Text proposed by the Commission

Amendment

(49) In order to enhance the effective exercise of the rights and benefits laid down in this Regulation by beneficiaries of international protection, it is necessary to take into account their specific needs and the particular integration challenges with which they are confronted, and facilitate their access to integration related rights in particular as regards employment-related educational opportunities and vocational training and access to recognition procedures for foreign diplomas, certificates and other evidence of formal qualifications in particular due to the lack of documentary evidence and their inability to meet the costs related to the recognition procedures.

(49) In order to enhance the effective exercise of the rights and benefits laid down in this Regulation by beneficiaries of international protection, it is necessary to take into account their specific needs and the particular integration challenges with which they are confronted, and facilitate their access to integration related rights and measures in particular as regards education and employment-related educational opportunities, vocational training and access to recognition procedures for foreign diplomas, certificates and other evidence of formal qualifications in particular due to the lack of documentary evidence and their inability to meet the costs related to the recognition procedures.

Or. en

Amendment 14

Proposal for a regulation

Recital 51

Text proposed by the Commission

Amendment

(51) In addition, especially to avoid social hardship, it is appropriate to provide beneficiaries of international protection with social assistance without discrimination. However, as regards beneficiaries of subsidiary protection, Member States should be given some flexibility, to limit such rights to core benefits, which is to be understood as covering at least minimum income support, assistance in the case of illness, or pregnancy, and parental assistance, in so far as those benefits are granted to nationals under national law. In order to facilitate their integration, Member States should be given the possibility to make the access to certain type of social assistances specified in national law, for both refugees and beneficiaries of subsidiary protection, conditional on the effective participation of the beneficiary of international protection in integration measures.

(51) In addition, especially to avoid social hardship, it is appropriate to provide beneficiaries of international protection with social assistance without discrimination. In order to facilitate their integration, Member States should be given the possibility to make the access to certain types of social assistance specified in national law, conditional on the effective participation of the beneficiary of international protection in integration measures, provided that such measures are easily accessible, available and free of charge.

Or. en

Amendment 15

Proposal for a regulation

Recital 53

Text proposed by the Commission

Amendment

(53) In order to facilitate the integration of beneficiaries of international protection into society, beneficiaries of international protection shall have access to integration measures, modalities to be set by the Member States. Member States may make the participation in such integration measures, such as language courses, civic integration courses, vocational training and other employment-related courses compulsory, provided that those integration measures are easily accessible, available and free of charge. Participation in the measures in question should always be without prejudice to the rights and obligations established by this Regulation and should never constitute grounds for review, revocation, ending, refusal or non-renewal of refugee status or subsidiary protection status.

Or. en

Amendment 16

Proposal for a regulation

Article 15 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) when renewing, for the first time, the residence permit issued to a refugee.

deleted

Or. en

Amendment 17

Proposal for a regulation

Article 21 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) when renewing, for the first and second time, the residence permit issued to a beneficiary of subsidiary protection.

deleted

Or. en

Amendment 18

Proposal for a regulation

Article 22 – paragraph 3

Text proposed by the Commission

Amendment

3. Within the limits set by international obligations, granting of benefits with regard to access to employment, social security shall require the prior issuing of a residence permit.

3. Within the limits set by international obligations, granting of benefits with regard to access to employment, social security may require the prior issuing of a residence permit.

Or. en

Amendment 19

Proposal for a regulation

Article 26 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) For beneficiaries of refugee status, the residence permit shall have a period of validity of three years and be renewable thereafter for periods of three years.

(a) For beneficiaries of refugee status, the residence permit shall have a period of validity of five years and be renewable thereafter for periods of five years.

Or. en

Amendment 20

Proposal for a regulation

Article 26 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) For beneficiaries of subsidiary protection status, the residence permit shall have a period of validity of one year and be renewable thereafter for periods of two years.

(b) For beneficiaries of subsidiary protection status, the residence permit shall have a period of validity of five year and be renewable thereafter for periods of five years.

Or. en

Amendment 21

Proposal for a regulation

Article 30 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) working conditions, including pay and dismissal, working hours, leave and holidays as well as health and safety requirements at the workplace;

(a) working conditions, including pay and dismissal, working hours, maternity leave, leave and holidays as well as health and safety requirements at the workplace;

Or. en

Amendment 22

Proposal for a regulation

Article 30 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b) freedom of association and affiliation, and membership of an organisation representing workers or employers or of any organisation whose members are engaged in a specific occupation, including the benefits conferred by such organisations;

Or. en

Amendment 23

Proposal for a regulation

Article 30 – paragraph 2 – point c

Text proposed by the Commission

Amendment

(c) employment-related education opportunities for adults, vocational training, including training courses for upgrading skills, practical workplace experience;

(c) education and employment-related education opportunities for adults, vocational training, including training courses for upgrading skills, practical workplace experience;

Or. en

Amendment 24

Proposal for a regulation

Article 34 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

Access to certain social assistance specified in national law may be made conditional on the effective participation of the beneficiary of international protection in integration measures.

Access to certain social assistance specified in national law may be made conditional on the effective participation of the beneficiary of international protection in integration measures, which shall be free of charge, available and easily accessible.

Or. en

Amendment 25

Proposal for a regulation

Article 34 – paragraph 2

Text proposed by the Commission

Amendment

2. For beneficiaries of subsidiary protection status Member States may limit social assistance to core benefits.

deleted

Or. en

Amendment 26

Proposal for a regulation

Article 35 – paragraph 2

Text proposed by the Commission

Amendment

2. Beneficiaries of international protection who have special needs, such as pregnant women, disabled people, persons who have undergone torture, rape or other serious forms of psychological, physical or sexual violence or minors who have been victims of any form of abuse, neglect, exploitation, torture, cruel, inhuman and degrading treatment or who have suffered from armed conflict shall be provided adequate healthcare, including treatment of mental disorders when needed, under the same eligibility conditions as nationals of the Member State that has granted protection.

Or. en

Amendment 27

Proposal for a regulation

Article 38 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States may make participation in integration measures compulsory.

2. Member States may make participation in integration measures compulsory, provided that the integration measures in question are easily accessible, free of charge and take account of the specific needs of the beneficiary of international protection. Participation in integration measures shall be without prejudice to the rights and obligations established by this Regulation and shall not constitute grounds for review, revocation, ending, refusal or non-renewal of refugee status or subsidiary protection status and the rights and obligations therein.

Or. en