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DRAFT 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

LIBE-PR-599799

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

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This is the rapporteur's draft report on the Commission proposal to replace the Qualification Directive with a regulation on qualification for international protection and the content of protection. It proposes many amendments to the Commission text. The draft equalises refugee and subsidiary protection status, extends residence permits and travel documents to five years, and removes the compulsory review of protection needs. It deletes the possibility of refoulement, removes limits on social assistance for subsidiary protection beneficiaries, and makes integration measures free of charge and accessible. It adds protection for persons displaced by natural or man-made disasters and amends the Long Term Residence Directive so the five-year period counts from the date of the asylum application.

Committee position. The rapporteur proposes to amend the Commission proposal to equalise the two protection statuses, extend residence permits and travel documents, make status review optional, delete refoulement provisions, ensure equal social assistance, and make integration measures free and accessible.

Key points

  1. Recital 1 is amended to encourage beneficiaries of international protection to remain in the Member State that grants them protection, rather than reducing incentives to move within the Union.
  2. A new recital states that Member States should move towards mutual recognition of asylum decisions granting international protection.
  3. Recital 5 is amended to require a uniform status, harmonised duration of residence permits, and rules that do not overburden Member State authorities.
  4. Recital 13 is amended to rename the fund the Asylum, Migration and Integration Fund and to make other EU funds directly accessible to local and regional authorities for integration actions.
  5. Recital 16 is amended to include families formed after arrival, exclude forced marriages, and not distinguish spouses or partners on the basis of gender.
  6. Recitals 22, 24 and 25 are amended so that internal protection is optional for Member States, does not apply where the State or its agents are the actors of harm, and the burden of proof rests on the determining authority.
  7. Recital 29 is amended to require that credibility assessments for sexual orientation and gender identity not rely on stereotypes, not subject applicants to detailed questioning or tests, and not reject statements solely for late disclosure.
  8. A new recital states that persons unable to return due to a natural or man-made disaster should be eligible for protection, and Article 16 is amended to add this as a ground for subsidiary protection.
  9. Recitals 39 and 41 and Articles 15 and 21 are amended so that review of protection status is optional for Member States and not automatic at renewal.
  10. Article 23(2) on refoulement is deleted, and related provisions in Articles 14, 20 and 26 are removed, because the principle of non-refoulement is absolute.
  11. Articles 26 and 27 are amended so that residence permits and travel documents for both refugees and subsidiary protection beneficiaries are valid for five years and renewable for five years.
  12. Article 34(2) is deleted so that subsidiary protection beneficiaries receive the same social assistance as refugees, and Article 38 is amended to make integration measures free of charge, easily accessible, and without punitive measures for non-participation beyond the beneficiary's control.

Who is affected

  • Third-country nationals and stateless persons seeking or granted international protection in the EU.
  • Member States' determining authorities, which would have more discretion on internal protection and status review.
  • Beneficiaries of subsidiary protection, who would gain equal social assistance and longer residence permits.
  • Local and regional authorities, which would gain direct access to certain EU funds for integration actions.

Figures and deadlines

  • Residence permits for refugees: five years, renewable for five years.
  • Residence permits for subsidiary protection beneficiaries: five years, renewable for five years.
  • Travel documents for refugees and subsidiary protection beneficiaries: valid for at least five years.
  • Decisions withdrawing refugee or subsidiary protection status take effect three months after adoption.
  • The regulation would start to apply three months from its entry into force.

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.