Changes from report parliamentary committee draft to plenary report

Article 38 – paragraph 2: 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 in question.

Change 69

RemovedThe Rapporteur welcomes the provisions on access to integration measures but believes that such measures must always be free of charge, easily accessible to beneficiaries of international protection (i.e. not limited to one or two big cities in a Member State) and take account of any particular needs of the beneficiary in question. This is even more imperative if a Member State wishes to make participation compulsory for beneficiaries of international protection.

Article 38 – paragraph 2 a (new): 2a. Member States shall not apply punitive measures against beneficiaries of international protection where they are unable to participate in integration measures due to circumstances beyond their control or due to the unsuitable nature of the integration measures in question.

Change 70

RemovedArticle 44 – paragraph -1 (new): -1. In Article 4 of Directive 2003/109/EC, the third subparagraph of paragraph 2 is replaced by the following: / "Regarding persons to whom international protection has been granted, the period between the date of the lodging of the application for international protection on the basis of which that international protection was granted and the date of the granting of the residence permit referred to in Article 26 of Regulation (EU) ..../... [Qualifications Regulation], shall be taken into account in the calculation of the period referred to in paragraph 1".

AddedArticle 42: deleted / (deleted) / (deleted) / (deleted) / (deleted)

RemovedThe Commission proposes for the beneficiaries of international protection to benefit from long term residence, however the period would only start once their status is granted. The Rapporteur is of the opinion that the protection needs and circumstance of an applicant for an international protection, whom protection is granted at a later stage, are exactly the same as those of beneficiaries on international protection. The period of long term residence should therefore start from the day when an application is made. The Council Directive 2003/109/EC should therefore be amended accordingly.

AddedArticle 42 a (new): Article 42a / Exercise of the delegation / 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. / 2. The power to adopt delegated acts referred to in Article 24 shall be conferred on the Commission for a period of two years from the [date of entry into force of the basic legislative act]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the two-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. / 3. The delegation of power referred to in Article 24 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. / 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. / 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European …

AddedDirective 2003/109/EU

AddedArticle 44 – paragraph -1 (new), Article 4 – paragraph 2 – subparagraph 3: -1. In Article 4 of Directive 2003/109/EU, the third subparagraph of paragraph 2 is replaced by the following: / "Regarding persons to whom international protection has been granted, the period between the date of the lodging of the application for international protection on the basis of which that international protection was granted and the date of the granting of the residence permit referred to in Article 26 of Regulation (EU) ..../... [Qualifications Regulation], shall be taken into account in the calculation of the period referred to in paragraph 1."

AddedDirective 2003/109/EU

AddedArticle 44 – paragraph 1, Article 4 – paragraph 3a (new): 3a. Where a beneficiary of international protection is found in a Member State, other than the one that granted international protection, and the authorities of that Member State have established that the beneficiary did stay or reside there, without a right to stay or to reside there in accordance with relevant Union or national law, for more than two weeks and without serious and urgent justification, the period of legal stay preceding such a situation shall not be taken into account in the calculation of the period referred to in paragraph 1, unless the beneficiary of international protection demonstrates that the reason for the movement was due to circumstances beyond his or her control. / The first subparagraph shall not apply to unaccompanied minors.

AddedDirective 2003/109/EU

AddedArticle 44 – paragraph 2, Article 26a – paragraph 1: The Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 4(3a) of this Directive by [30 days after the entry into force of this Regulation] at the latest. They shall forthwith inform the Commission thereof.

Article 46 – paragraph 2: This Regulation shall start to apply from [three months from its entry into force].