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DRAFT 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-PA-601064

Committee on Employment and Social Affairs · Rapporteur: Brando Benifei

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The Committee on Employment and Social Affairs' draft opinion responds to the Commission's proposed regulation on qualification for international protection. It calls for aligning the rights of refugees and beneficiaries of subsidiary protection, and for integration measures to be free, accessible and never a ground for losing protection status. The rapporteur proposes amendments to delete the possibility for Member States to limit social assistance for beneficiaries of subsidiary protection to core benefits, and to remove status reviews linked to residence permit renewal. The draft opinion also proposes longer residence permits, equal treatment in employment and social security, and rejects the Commission's punitive approach to secondary movements in favour of incentives to remain in the granting Member State.

Committee position. The Committee on Employment and Social Affairs proposes amendments to align the rights of refugees and beneficiaries of subsidiary protection, ensure integration measures are free and accessible, remove status reviews linked to permit renewal, and replace punitive measures on secondary movements with incentives to remain in the granting Member State.

Key points

  1. The rapporteur calls for aligning the rights of refugees and beneficiaries of subsidiary protection, as the distinction creates administrative complexity and risks integration.
  2. The draft opinion proposes deleting the possibility for Member States to limit social assistance for beneficiaries of subsidiary protection to core benefits.
  3. It proposes removing the review of protection status when residence permits are renewed, for refugees and beneficiaries of subsidiary protection.
  4. It proposes that integration measures such as language courses and vocational training may be compulsory only if they are free of charge, available and easily accessible.
  5. It states that non or partial participation in integration measures must never put the protection status at risk.
  6. It rejects the Commission's punitive approach to secondary movements and favours incentives for beneficiaries to remain in the Member State that granted protection.
  7. It proposes that residence permits for refugees and beneficiaries of subsidiary protection have a validity of five years, renewable for five years.
  8. It proposes that granting benefits for access to employment and social security may require a prior residence permit, not shall.
  9. It proposes adding maternity leave to working conditions and rights and benefits to freedom of association for beneficiaries of international protection.
  10. It proposes adding education to employment-related education opportunities for adults, vocational training and practical workplace experience.
  11. It proposes that beneficiaries with special needs receive adequate healthcare under the same eligibility conditions as nationals.
  12. It proposes that credibility assessments for sexual orientation and gender identity not be based on stereotypes, and that applicants not be questioned on sexual practices.

Who is affected

  • Beneficiaries of international protection, including refugees and those eligible for subsidiary protection, who would gain aligned rights and longer permits.
  • Member States, which would be required to provide free and accessible integration measures and could not limit social assistance for subsidiary protection beneficiaries.
  • Asylum applicants, who would benefit from credibility assessments not based on stereotypes regarding sexual orientation and gender identity.

Figures and deadlines

  • Residence permit validity of five years for refugees, renewable for five years.
  • Residence permit validity of five years for beneficiaries of subsidiary protection, renewable for five years.
  • Period up to 90 days in any 180-day period for free movement within Schengen states.