PURPOSE: to extend the scope of the EU Directive concerning the status of third-country nationals who are long-term residents to beneficiaries of international protection.

LEGISLATIVE ACT: Directive 2011/51/EU of the European Parliament and of the Council amending Council Directive 2003/109/EC to extend its scope to beneficiaries of international protection.

CONTENT: the European Parliament and the Council adopted, following an agreement reached at first reading (following a reconsultation after the entry into force of the Lisbon Treaty) a directive extending the EU’s rules regarding the status of third-country nationals who are long-term residents to refugees and other beneficiaries of international protection and amending Council Directive 2003/109/EC regarding long-term residents.

Principle : with the entry into force of the Directive, refugees and other beneficiaries of international protection within the meaning of Council Directive 2004/83/EC on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted will be granted the status of long-term resident on the same basis as other nationals of third countries residing legally on the EU’s territory for more than five years. This status will be granted to them by the Member State which initially granted them international protection.

Beneficiaries of international protection who are granted the status of long-term resident will, like all the other national of third countries benefiting from this status, enjoy a certain number of rights:

the right to move freely around the EU and, in particular, the right to become a resident in another EU Member State , as well as, under certain conditions, to enjoy equality of treatment with citizens of the Member State of residence in a wide range of economic and social matters, such as education, access to the labour market and social security contributions.

In granting these rights to beneficiaries of international protection and refugees, the Member States accord these persons a genuine instrument to facilitate their integration into the society in which they live.

Method of calculation of the required five-year period : the directive lays down how the required period of five years in order to be granted status of long-term resident should be calculated:

the basic rule is that at least half of the period between the date on which the application for international protection was lodged and the date on which this protection was granted; In exceptional circumstances, when the asylum procedure exceeds 18 months, the whole period should be taken into account.

Long-stay residence permits – EU : where a Member State issues a long-term resident’s EU residence permit to a third-country national to whom it granted international protection, it shall enter the following remark in that long-term resident’s EU residence permit, under the heading “Remarks”: “International protection granted by [name of the Member State] on [date]”. Where a long-term resident’s EU residence permit is issued by a second Member State to a third-country national who already has a long-term resident’s EU residence permit issued by another Member State which contains the remark described above, the second Member State shall enter the same remark in the long- term resident’s EU residence permit. Specific provisions are laid down in this regard as well as in regard to modification to the EU long-stay residence permit in the event of the transfer of responsibility for the international protection of the long-term resident from the first to the second Member State.

Expulsion : the directive provides for the possibility, under certain circumstances, to withdraw the long-term residence status of a third country national and to expel him in accordance with international obligations. Where a Member State intends to expel, on a ground provided for in Directive 2003/109/EC, a beneficiary of international protection who has acquired long-term resident status in that Member State, that person should enjoy the protection against refoulement guaranteed under Directive 2004/83/EC and under Article 33 of the Geneva Convention. For that purpose, where the person enjoys international protection in a Member State other than the one in which that person is currently residing as a long-term resident, it is necessary to provide, unless refoulement is permitted under Directive 2004/83/EC, that that person may be expelled only to the Member State which granted international protection and that that Member State is obliged to readmit that person. In this latter case, Member States will have to expel the person from the territory of the EU and ensure, before so doing, that all information is obtained from relevant sources, including, where appropriate, from the Member State that granted international protection, and that it is thoroughly assessed with a vies to guaranteeing that the decision to expel that beneficiary is in accordance with the EU’s Charter of Fundamental Rights.

It should be noted that the transfer of responsibility for protection of beneficiaries of international protection is outside the scope of this Directive.

Territorial provisions: the application of this directive does not concern the United Kingdom, Ireland and Denmark.

ENTRY INTO FORCE: 20.05.2011.

TRANSPOSITION IN THE MEMBER STATES: 20.05.2013.

The European Parliament adopted by 561 votes to 29, with 61 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Directive 2003/109/EC to extend its scope to beneficiaries of international protection.

It adopted its position at first reading under the ordinary legislative procedure (formerly known as the codecision procedure). The amendments adopted in plenary are the result of a compromise negotiated between the European Parliament and the Council. They amend the Commission proposal as follows:

Equality of treatment : beneficiaries of international protection who are long-term residents should enjoy equality of treatment with citizens of the Member State of residence in a wide range of economic and social matters, under certain conditions, so that long-term resident status constitutes a genuine instrument for the integration of long-term residents in the society in which they live. This equality of treatment of beneficiaries of international protection in the Member State which granted them international protection should be without prejudice to the rights and benefits guaranteed under Directive 2004/83/EC and under the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as amended by the Protocol signed in New York on 31 January 1967 (the Geneva Convention).

Calculation of the duration of legal residence : new technical provisions have been added to clarify this issue. Regarding persons to whom international protection status has been granted, at least half of the period between the date on which the application for international protection was lodged, and on the basis of which that status was granted, and the date on which the residence permit referred to in Directive 2004/83/EC is granted, or the whole period if it exceeds 18 months, shall be taken into account in the calculation of the period (5 years according to the proposal).

Long-stay residence permits : long-term residence permit: with regard to the remark relating to international protection in the residence permit, a second Member State must consult the Member State mentioned in the remark as to whether the long term resident no longer qualifies for international protection. The Member State mentioned in the remark shall reply to the consultation no later than one month after receiving the request from the second Member State. Where the international protection has been withdrawn by a final decision, the second Member State shall not enter the remark.

Transfer of the responsibility of international protection : the transfer of responsibility for protection of beneficiaries of international protection is outside the scope of this Directive.

Withdrawal or loss of status : it is provided that Member States may withdraw the long-term resident status in the event of the revocation, ending or refusal to renew international protection status as prescribed by Directive 2004/83/EC if the long-term resident status was obtained on the basis of international protection status.

Protection against expulsion and non-refoulement : where a Member State intends to expel a beneficiary of international protection who has acquired long-term resident status in that Member State, the person concerned should enjoy the protection against refoulement guaranteed by Directive 2004/83/EC and the Geneva Convention. For that purpose, where the person concerned enjoys an international protection status in another Member State, it is necessary to provide, unless refoulement is permitted under the provisions of Directive 2004/83/EC, that he/she may be expelled only to the Member State which granted the international protection status and that that Member State is obliged to readmit him/her. The same safeguards should apply to a beneficiary of international protection who has taken up residence but has not yet obtained long-term resident status in a second Member State.

Additional safeguards : where the expulsion of a beneficiary of international protection outside the EU territory is permitted under the provisions of Directive 2004/83/EC, Member States shall ensure that all information is obtained from relevant sources including, where appropriate, from the Member State that granted international protection, and is thoroughly assessed with a view to guaranteeing that the decision to expel him/her is in line with the Charter of Fundamental Rights of the European Union.

The Committee on Civil Liberties, Justice and Home Affairs adopted the report drawn up by Claud MORAES (S&D, UK) on the proposal for a regulation of the European Parliament and of the Council amending Directive 2003/109/EC to extend its scope to beneficiaries of international protection. It recommended that the European Parliament’s position at first reading under the ordinary legislative procedure (formerly known as the codecision procedure) should be to amend the Commission proposal.

Following negotiations with the Council, the main amendments may be summarised as follows:

Geneva Convention : the report states that the equality of treatment of beneficiaries of international protection in the Member State which granted them international protection should be without prejudice to the rights and benefits guaranteed under the Geneva Convention Relating to the Status of Refugees.

Duration of residence : Members specify that, regarding persons to whom international protection status has been granted, at least half of the period between the date on which the application for international protection was lodged, and on the basis of which that status was granted, and the date on which the residence permit is granted, or the whole period, if it exceeds 18 months, shall be taken into account in the calculation of the five year period.

Long-term residence permit : with regard to the remark relating to international protection in the residence permit, a second Member State must consult the Member State mentioned in the remark as to whether the long term resident no longer qualifies for international protection. The Member State mentioned in the remark shall reply to the consultation no later than one month after receiving the request from the second Member State. Where the international protection has been withdrawn by a final decision, the second Member State shall not enter the remark.

Transfer of the responsibility of international protection : furthermore, Members state that where the international protection of the long-term resident was transferred to the second Member State after the permit was issued, the second Member State shall modify accordingly the not later than three months after the transfer of responsibility

Withdrawal or loss of status : the report stipulates that Member States may withdraw the long-term resident status in the event of the revocation, ending or refusal to renew international protection status as prescribed by Directive 2004/83/EC if the long-term resident status was obtained on the basis of international protection status.”

Protection against expulsion and non-refoulement : where a Member State decides to expel a long-term resident whose long-term resident’s EU residence permit contains the remark concerning international protection, it shall request the Member State mentioned in the remark to confirm whether the person concerned is still a beneficiary of international protection in that Member State. The Member State mentioned in the remark shall reply not later than one month after receiving the request for information. If the long-term resident is still a beneficiary of international protection in the consulted Member State, he shall be expelled to that Member State, which shall, without prejudice to applicable Union or national legislative provisions and without prejudice to the principle of family unity, immediately readmit without formalities the beneficiary of international protection and his/her family members.. By way of derogation, the Member State which took the expulsion decision shall retain the right to remove the long-term resident to a country other than the Member State which granted international protection when the long term resident fulfils the conditions specified in Directive 2004/83/EC. .” The same safeguards should apply to a beneficiary of international protection who has taken up residence but has not yet obtained long-term resident status in a second Member State.

Examination of applications and issue of a residence permit : where the long-term resident's EU residence permit contains the remark referred to above), and where the international protection of the long-term resident was transferred to the second Member State before the permit was issued, the second Member State shall ask the Member State which issued the long-term resident's EU residence permit to modify accordingly the remark. Where the long-term resident is granted international protection in the second Member State before the permit was issued, the second Member State shall ask the Member State which issued the long-term resident's EU residence permit to modify it in order to enter the remark. Following the request, the Member State which issued the long-term resident's EU residence permit shall issue the modified permit no later than three months after receiving the request from the second Member State.

Additional safeguards : where the expulsion of a beneficiary of international protection outside the EU territory is permitted under the provisions of Directive 2004/83/EC, Member States shall ensure that all information is obtained from relevant sources including, where appropriate, from the Member State that granted international protection, and is thoroughly assessed with a view to guaranteeing that the decision to expel him/her is in line with the Charter of Fundamental Rights of the European Union.

Ministers continued work on the establishment of a Common European Asylum System (CEAS) on the basis of a discussion paper which presents the state of play in relation to the discussions regarding a package of six legislative proposals which EU Member States have committed to adopt by 2012.

It relates to the following proposals:

this proposal for the extension of the Long-Term Residents Directive to beneficiaries of international protection; the recast of the ‘Qualification’ Directive ; the recast of the EURODAC Regulation ; the recast of the ‘Dublin’ Regulation ; the establishment of a European Asylum Support Office (EASO) ; the amendment of Decision No 573/2007/EC establishing the European Refugee Fund for the period 2008 to 2013 by removing funding for certain Community actions and altering the limit for funding such actions (already adopted).

As regards the extension of the scope of the Long-Term Residents Directive, the discussion paper indicates that, since June 2010, the compromise already reached in the Council on this proposal – dating from 2008 and on the basis of which the required unanimity required at the time could be almost achieved – was confirmed .

In his draft report, which was presented on 28 September in the LIBE Committee, the European Parliament’s rapporteur accepted to a large extent the Council compromise. On the basis of discussions with Member States in the JHA-Counsellors group, and of constructive contacts with the rapporteur and the shadow rapporteurs (a first informal trilogue took place on 12 October), most of the outstanding issues were resolved at a technical level. On the remaining issues where Council and Parliament still disagree, a – possibly final – trilogue was to take place on 9 November.

The Lisbon Treaty, which entered into force on 1 December 2009, amended the EU's two core treaties, the Treaty on European Union (TEU) and the Treaty establishing the European Community (EC Treaty). The latter was renamed the Treaty on the Functioning of the European Union (TFEU).

These changes had various consequences for many ongoing procedures. First of all, the articles of the TEU and of the old EC Treaty that constitute the legal basis of all the proposals founded on those Treaties were renumbered in accordance with the table of equivalences mentioned in Article 5 of the Lisbon Treaty.

In addition, some proposals underwent a change to their legal basis going beyond a mere change to their numbering, and this resulted in changes to the type of procedure .

The Lisbon Treaty also introduced new concepts of decision-making procedure . The old "codecision procedure" was extended to new areas and renamed the "ordinary legislative procedure". A new "consent procedure" replaced the old "assent procedure". New interinstitutional procedures were also set up for the adoption of certain non-legislative acts, for example the conclusion of some international agreements.

The ongoing proposals concerned by these changes were formally modified by the Commission in a Communication published on 2 December 2009 (COM(2009)0665).

In the case of the proposal for a Council Directive amending Directive 2003/109/EC to extend its scope to beneficiaries of international protection, the entry into force of the Lisbon Treaty had the following impacts :

· the old legal basis – Treaty/EC/Art.63(3) and (4) – became Art 79 2(a) and (b) of the TFEU. Please note that the numbering of the old legal basis corresponds to the consolidated version of the Treaty that was applicable immediately before the entry into force of the Lisbon Treaty, and may differ from the references in the original Commission proposal ;

· the proposal, which had previously fallen under the old consultation procedure (CNS), was classified as an ordinary legislative procedure (COD).

The Council held a debate on this proposal which seeks to amend Directive 2003/109/EC with a view to extending the possibility of obtaining long-term resident status to beneficiaries of international protection.

The debate focused on the scope of the Directive . A majority of delegations could support the inclusion of both refugees and beneficiaries of subsidiary protection in the scope of the directive, without any difference of treatment between the categories. But some delegations argued for a broader scope of the directive to include other forms of protection granted by Member States, while others were in favour of limiting the scope to refugees only.

The Slovenian Presidency, noting that the necessary unanimity to adopt the directive could not be obtained today, concluded that the negotiations on this file should continue under the French Presidency.

To recall, Council Directive 2003/109/EC determines the status of third-country nationals who are long-term residents (residing more than 5 years in a member state). At the time of adoption of that directive, the Council welcomed the Commission commitment to follow it up with a proposal for the extension of long-term resident status to refugees and persons benefiting from subsidiary protection. The new Commission proposal, presented in June 2007, fulfils that commitment.

The European Parliament adopted, by 587 votes to 42 with 31 abstentions, a legislative resolution amending the proposal for a Council directive amending Directive 2003/109/EC to extend its scope to beneficiaries of international protection. The report was tabled for consideration in plenary by Martine ROURE (PES, FR) on behalf of the Committee on Civil Liberties, Justice and Home Affairs.

The main amendments, adopted in the framework of the consultation procedure, are as follows:

-the time spent processing the application should be taken into account in calculating the five years of residence preceding application for long-term residence status. The period between the date on which the first application for international protection is lodged, including where this first application is an application for temporary protection where the latter precedes access to international protection, and the date on which the residence permit is granted shall be taken into account in the calculation;

-beneficiaries of international protection to be exempted from the material conditions (stable resources and sickness insurance) for the granting of long-term resident status, in recognition of the vulnerability of their situation;

- national integration conditions may be applied to beneficiaries of international protection, by a reasoned decision in accordance with Directive 2004/83/EC, only after individual consideration of their case, bearing in mind their particularly vulnerable situation;

-where a Member State decides to expel a long-term resident whose long-term resident’s EC residence permit contains the remark that the holder was granted international protection, it shall contact the Member State that granted international protection in order to confirm the status of long-term resident. Parliament added that the Member State that granted international protection must respond in writing to the Member State that made the request within a maximum of one month. The decision to expel the long-term resident may not be taken until the response of the Member State that granted international protection has been received. The long-term resident may, in accordance with the principle of non-refoulement , only be expelled to this Member State, which shall immediately readmit without formalities the long-term resident and his/her family members.

The Council held a debate on this proposal on the basis of a questionnaire circulated by the Presidency.

Council Directive 2003/109/EC (the LTR Directive) determines the status of third-country nationals who are long-term residents (residing more than five years in a member state). At the time of the adoption of that directive, the Council welcomed the Commission commitment to follow it up with a proposal for the extension of long-term resident status to refugees and persons benefiting from subsidiary protection. The new Commission proposal, submitted in June 2007, is a response to that commitment.

The Presidency asked Ministers to address the following questions:

(a) Do delegations wish to include beneficiaries of international protection, i.e. recognised refugee status and beneficiaries of subsidiary protection status under Directive 83/2004/EC, in the scope of the LTR Directive?

(b) Do delegations agree that other forms of protection granted by Member States on humanitarian grounds should also be included in the scope of the LTR Directive?

(c) Do delegations wish to treat recognised refugees and beneficiaries of subsidiary protection equally for purposes of the duration of residence?

A majority of delegations could support the inclusion of both refugees and beneficiaries of subsidiary protection in the scope of the Directive, without any difference of treatment between the categories.

On the basis of the debate, the Presidency will prepare a compromise text which will be discussed by Coreper in the next few weeks.

The Committee on Civil Liberties, Justice and Home Affairs adopted a resolution drafted by Martine ROURE (PES, FR) and amended the proposal for a Council directive amending Directive 2003/109/EC to extend its scope to beneficiaries of international protection.

The main amendments, adopted in the framework of the consultation procedure, are as follows:

- the time spent processing the application should be taken into account in calculating the five years of residence preceding application for long-term residence status. The period between the date on which the first application for international protection is lodged, including where this first application is an application for temporary protection where the latter precedes access to international protection, and the date on which the residence permit is granted shall be taken into account in the calculation;

-beneficiaries of international protection to be exempted from the material conditions (stable resources and sickness insurance) for the granting of long-term resident status, in recognition of the vulnerability of their situation;

- national integration conditions may be applied to beneficiaries of international protection, by a reasoned decision in accordance with Directive 2004/83/EC, only after individual consideration of their case, bearing in mind their particularly vulnerable situation;

-where a Member State decides to expel a long-term resident whose long-term resident’s EC residence permit contains the remark that the holder was granted international protection, it shall contact the Member State that granted international protection in order to confirm the status of long-term resident. The Committee added that the Member State that granted international protection must respond in writing to the Member State that made the request within a maximum of one month. The decision to expel the long-term resident may not be taken until the response of the Member State that granted international protection has been received. The long-term resident may, in accordance with the principle of non-refoulement , only be expelled to this Member State, which shall immediately readmit without formalities the long-term resident and his/her family members.

PURPOSE: to extend the scope of Directive 2003/109/EC by including “beneficiaries of international protection”.

PROPOSED ACT: Council Directive.

BACKGROUND: Directive 2003/109/EC (see CNS/2001/0074 ) provides for the integration of third-country nationals who are long-term residents in the Member States. In 2001, the Commission had proposed that refugees should be able to qualify for long-term resident status after 5 years of legal and continuous residence in a Member States. However, it was finally decided to exclude refugees from the scope of the Directive. Thus, refugees as well as beneficiaries of international protection, are currently not entitled to long-term resident status. In the Joint Statement from the Council and the Commission, made at the JHA Council of 8 May 2003, it was agreed that the Commission would table a proposal for a Directive on the extension of long-term resident status to refugees and persons under subsidiary protection, taking into account the study on transfer of protection status.

CONTENT: the purpose of this proposal, therefore, is to amend Council Directive 2003/109/EC “concerning the status of third-country national who are long-term residents”, by extending its scope to include “beneficiaries of international protection”. “Beneficiaries of international protection” or beneficiaries of subsidiary protection are defined by Council Directive 2004/83/EC as “third country nationals or stateless persons who have been granted refugee or subsidiary protection status”. By extending the scope of Directive 2003/109/EC, beneficiaries of international protection will be entitled to he same legal certainty and rights as those enjoyed by EU nationals after five years of legal residence.

In summary, the Commission is proposing the following amendments to the Directive:

Long term resident status in a first Member State: Beneficiaries of international protection will be able to acquire long-term resident status in the Member State which has granted them protection subject to the same conditions as other third country nationals . In addition, beneficiaries of international protection who obtain long-term resident status should be able to enjoy the rights and benefits attached to this status and should be subject to the same restrictions and limitations of these rights. The initial grant of protection will require respect for the principle of non-refoulement, in the event of withdrawal or loss of the long-term resident status in the first Member State.

Residence, and long-term resident status, in a second Member State : to recall, Chapter III of Directive 2003/109/EC sets out the conditions under which long-term residents may exercise their right of residence in another EU Member States. The Commission proposes that these conditions apply, in full, to beneficiaries of international protection who have been granted long-term residence. Beneficiaries of international protection applying under Article 23 of Directive 2003/109/EC for long-term resident status in a different Member State from that which granted them international protection should also be obliged to comply with all relevant conditions required by Directive 2003/109/EC.

No Community mechanism on “transfer of responsibility” for protection under the amended Directive : Directive 2003/109/EC only grants, under certain conditions, the right to take up residence in a second Member States to those who have been granted long-term residency. It does not extend to beneficiaries of international protection. The Commission proposes that this issue remain outside the scope of the amended Directive. As a result, requests for transfer of protection remain governed by the 1951 Geneva Convention and by the European Agreement on transfer of responsibility for refugees concluded in the framework of the Council of Europe.

Respecting the principle of non-refoulement by the second Member State: Since the proposal does not deal with the transfer of responsibility for international protection, the Commission points out that it is important to safeguard respect for the principle of non-refoulement in the second Member States. It is important, therefore, that the authorities of the second Member State are fully aware that a long-term resident applying for residence in the territory of that Member State was granted international protection in another Member States. To this end, the Commission proposes that this information be mentioned on the long-term residence permit.

Readmission of a third country national with long-term resident status :

for the cases where a long-term resident status has not yet been granted in the second Member State, Article 22 of Directive 2003/109/EC should also be amended so that the removal from the second Member State of long-term residents whose permits contain the remark stating that they are beneficiaries of international protection in another Member State - and who therefore may still have protection needs - is possible only to the first Member State; for the case where a long-term resident status was granted in the second Member State, Article 12 should be amended so as to provide that where the authorities of the second Member State consider the adoption of an expulsion measure, they are obliged to consult the authorities of the Member State which granted the protection to the person concerned. If this Member State confirms that the person is still a beneficiary of international protection, expulsion from the second Member State will only be possible to the Member State which originally granted the protection to the person concerned.

However, both cases of readmission should be without prejudice to the provisions of Article 21(2) of Directive 2004/83/EC, regarding the exceptions to the protection from refoulement.

Furthermore, in order to facilitate the necessary information exchange between Member States, Article 25 should be amended accordingly so as to allow the use of the network of national contact points also for that purpose.

On a final point, the United Kingdom, Ireland and Denmark are not bound by Directive 2003/109/EC.

PURPOSE: to extend the scope of Directive 2003/109/EC by including “beneficiaries of international protection”.

PROPOSED ACT: Council Directive.

BACKGROUND: Directive 2003/109/EC (see CNS/2001/0074 ) provides for the integration of third-country nationals who are long-term residents in the Member States. In 2001, the Commission had proposed that refugees should be able to qualify for long-term resident status after 5 years of legal and continuous residence in a Member States. However, it was finally decided to exclude refugees from the scope of the Directive. Thus, refugees as well as beneficiaries of international protection, are currently not entitled to long-term resident status. In the Joint Statement from the Council and the Commission, made at the JHA Council of 8 May 2003, it was agreed that the Commission would table a proposal for a Directive on the extension of long-term resident status to refugees and persons under subsidiary protection, taking into account the study on transfer of protection status.

CONTENT: the purpose of this proposal, therefore, is to amend Council Directive 2003/109/EC “concerning the status of third-country national who are long-term residents”, by extending its scope to include “beneficiaries of international protection”. “Beneficiaries of international protection” or beneficiaries of subsidiary protection are defined by Council Directive 2004/83/EC as “third country nationals or stateless persons who have been granted refugee or subsidiary protection status”. By extending the scope of Directive 2003/109/EC, beneficiaries of international protection will be entitled to he same legal certainty and rights as those enjoyed by EU nationals after five years of legal residence.

In summary, the Commission is proposing the following amendments to the Directive:

Long term resident status in a first Member State: Beneficiaries of international protection will be able to acquire long-term resident status in the Member State which has granted them protection subject to the same conditions as other third country nationals . In addition, beneficiaries of international protection who obtain long-term resident status should be able to enjoy the rights and benefits attached to this status and should be subject to the same restrictions and limitations of these rights. The initial grant of protection will require respect for the principle of non-refoulement, in the event of withdrawal or loss of the long-term resident status in the first Member State.

Residence, and long-term resident status, in a second Member State : to recall, Chapter III of Directive 2003/109/EC sets out the conditions under which long-term residents may exercise their right of residence in another EU Member States. The Commission proposes that these conditions apply, in full, to beneficiaries of international protection who have been granted long-term residence. Beneficiaries of international protection applying under Article 23 of Directive 2003/109/EC for long-term resident status in a different Member State from that which granted them international protection should also be obliged to comply with all relevant conditions required by Directive 2003/109/EC.

No Community mechanism on “transfer of responsibility” for protection under the amended Directive : Directive 2003/109/EC only grants, under certain conditions, the right to take up residence in a second Member States to those who have been granted long-term residency. It does not extend to beneficiaries of international protection. The Commission proposes that this issue remain outside the scope of the amended Directive. As a result, requests for transfer of protection remain governed by the 1951 Geneva Convention and by the European Agreement on transfer of responsibility for refugees concluded in the framework of the Council of Europe.

Respecting the principle of non-refoulement by the second Member State: Since the proposal does not deal with the transfer of responsibility for international protection, the Commission points out that it is important to safeguard respect for the principle of non-refoulement in the second Member States. It is important, therefore, that the authorities of the second Member State are fully aware that a long-term resident applying for residence in the territory of that Member State was granted international protection in another Member States. To this end, the Commission proposes that this information be mentioned on the long-term residence permit.

Readmission of a third country national with long-term resident status :

for the cases where a long-term resident status has not yet been granted in the second Member State, Article 22 of Directive 2003/109/EC should also be amended so that the removal from the second Member State of long-term residents whose permits contain the remark stating that they are beneficiaries of international protection in another Member State - and who therefore may still have protection needs - is possible only to the first Member State; for the case where a long-term resident status was granted in the second Member State, Article 12 should be amended so as to provide that where the authorities of the second Member State consider the adoption of an expulsion measure, they are obliged to consult the authorities of the Member State which granted the protection to the person concerned. If this Member State confirms that the person is still a beneficiary of international protection, expulsion from the second Member State will only be possible to the Member State which originally granted the protection to the person concerned.

However, both cases of readmission should be without prejudice to the provisions of Article 21(2) of Directive 2004/83/EC, regarding the exceptions to the protection from refoulement.

Furthermore, in order to facilitate the necessary information exchange between Member States, Article 25 should be amended accordingly so as to allow the use of the network of national contact points also for that purpose.

On a final point, the United Kingdom, Ireland and Denmark are not bound by Directive 2003/109/EC.