Directive 2011/51 - Amendment of Council Directive 2003/109/EC to extend its scope to beneficiaries of international protection - Main contents
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official title
Directive 2011/51/EU of the European Parliament and of the Council of 11 May 2011 amending Council Directive 2003/109/EC to extend its scope to beneficiaries of international protection Text with EEA relevance| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2011/51 |
| Original proposal | COM(2007)298  |
| CELEX number i | 32011L0051 |
| Document | 11-05-2011 |
|---|---|
| Publication in Official Journal | 19-05-2011; OJ L 132, 19.5.2011,Special edition in Croatian: Chapter 19 Volume 013 |
| Effect | 20-05-2011; Entry into force Date pub. +1 See Art 3 |
| End of validity | 31-12-9999 |
| Transposition | 20-05-2013; At the latest See Art 2 |
19.5.2011 |
EN |
Official Journal of the European Union |
L 132/1 |
DIRECTIVE 2011/51/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 11 May 2011
amending Council Directive 2003/109/EC to extend its scope to beneficiaries of international protection
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 79(2)(a) and (b) thereof,
Having regard to the proposal from the European Commission,
Acting in accordance with the ordinary legislative procedure (1),
Whereas:
(1) |
Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (2) does not apply to beneficiaries of international protection as defined in Council Directive 2004/83/EC of 29 April 2004 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 (3). |
(2) |
The prospect of obtaining long-term resident status in a Member State after a certain time is an important element for the full integration of beneficiaries of international protection in the Member State of residence. |
(3) |
Long-term resident status for beneficiaries of international protection is also important in promoting economic and social cohesion, which is a fundamental objective of the Union as stated in the Treaty on the Functioning of the European Union. |
(4) |
Beneficiaries of international protection should therefore be able to obtain long-term resident status in the Member State which granted them international protection, subject to the same conditions as other third-country nationals. |
(5) |
In view of the right of beneficiaries of international protection to reside in Member States other than the one which granted them international protection, it is necessary to ensure that those other Member States are informed of the protection background of the persons concerned to enable them to comply with their obligations regarding the principle of non-refoulement. |
(6) |
Beneficiaries of international protection who are long-term residents should, under certain conditions, enjoy equality of treatment with citizens of the Member State of residence in a wide range of economic and social matters so that long-term resident status constitutes a genuine instrument for the integration of long-term residents into the society in which they live. |
(7) |
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 Directive 2004/83/EC and under the 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’). |
(8) |
The conditions set out in Directive 2003/109/EC concerning the right of a long-term resident to reside in another Member State and obtain long-term resident status there should apply in the same way to all third-country nationals who have obtained long-term resident status. |
(9) |
Transfer of responsibility for protection of beneficiaries of international protection is outside the scope of this Directive. |
(10) |
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,... |
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