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19.5.2011 Official
Journal
of
the
European
Union L
132/1
I
(Legislative acts)
DIRECTIVES
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
(3) Long-term
resident
status
for
beneficiaries
of
inter
EUROPEAN UNION,
national 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.
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 79(2)(a) and (b) thereof,
(4) Beneficiaries
of
international
protection
should
therefore
be able to obtain long-term resident status in the
Having regard to the proposal from the European Commission,
Member State which granted them international
protection, subject to the same conditions as other
third-country nationals.
Acting in accordance with the ordinary legislative procedure ( 1 ),
(5)
In view of the right of beneficiaries of international
protection to reside in Member States other than the
Whereas:
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
(1) Council
Directive
2003/109/EC
of
25
November
2003
obligations regarding the principle of non-refoulement.
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
(6) Beneficiaries
of
international
protection
who
are
long-
for the qualification and status of third-country nationals
term residents should, under certain conditions, enjoy
or stateless persons as refugees or as persons who
equality of treatment with citizens of the Member State
otherwise need international protection and the content
of residence in a wide range of economic and social
of the protection granted ( 3 ).
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.
(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
(7)
The equality of treatment of beneficiaries of international
residence.
protection in the Member State which granted them
international protection should be without prejudice to
the rights and benefits guaranteed under Directive
( 1 ) Position of the European Parliament of 14 December 2010 (not yet
2004/83/EC and under the Convention Relating to the
published in the Official Journal) and decision of the Council of
Status of Refugees of 28 July 1951, as amended by the
11 April 2011.
( 2 ) OJ L 16, 23.1.2004, p. 44.
Protocol signed in New York on 31 January 1967 (‘the
( 3 ) OJ L 304, 30.9.2004, p. 12.
Geneva Convention’).

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L 132/2
EN
Official Journal of the European Union
19.5.2011
(8) The
conditions
set
out
in
Directive
2003/109/EC
possible, the correlation between this Directive and the
concerning the right of a long-term resident to reside
transposition measures, and to make them public.
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
(14) In accordance with Articles 1 and 2 of the Protocol
status.
(No 21) on the Position of the United Kingdom and
Ireland in respect of the Area of Freedom, Security and
Justice, annexed to the Treaty on European Union and to
the Treaty on the Functioning of the European Union,
and without prejudice to Article 4 of that Protocol, those
(9) Transfer
of
responsibility
for
protection
of
beneficiaries
Member States are not taking part in the adoption of this
of international protection is outside the scope of this
Directive and are not bound by it or subject to its
Directive.
application.
(15) In accordance with Articles 1 and 2 of the Protocol
(10) Where a Member State intends to expel, on a ground
(No 22) on the Position of Denmark, annexed to the
provided for in Directive 2003/109/EC, a beneficiary of
Treaty on European Union and to the Treaty on the
international protection who has acquired long-term
Functioning of the European Union, Denmark is not
resident status in that Member State, that person
taking part in the adoption of this Directive and is not
should enjoy the protection against refoulement guar
bound by it or subject to its application,
anteed under Directive 2004/83/EC and under
Article 33 of the Geneva Convention. For that purpose,
where the person enjoys international protection in a
HAVE ADOPTED THIS DIRECTIVE:
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
Article 1
under Directive 2004/83/EC, that that person may be
expelled only to the Member State which granted inter
Directive 2003/109/EC is amended as follows:
national protection and that that Member State is obliged
to readmit that person. The same safeguards should
apply to a beneficiary of international protection who
(1) in Article 2, point (f) is replaced by the following:
has taken up residence but has not yet obtained long-
term resident status in a second Member State.
‘(f) “international protection” means international
protection as defined in Article 2(a) of Council
Directive 2004/83/EC of 29 April 2004 on
minimum standards for the qualification and status
(11) Where the expulsion of a beneficiary of international
of third-country nationals or stateless persons as
protection outside the territory of the Union is
refugees or as persons who otherwise need inter
permitted under Directive 2004/83/EC, Member States
national protection and the content of the protection
should be obliged to ensure that all information is
granted (*);
obtained from relevant sources, including, where appro
priate, from the Member State that granted international
protection, and that it is thoroughly assessed with a view
___________
to guaranteeing that the decision to expel that beneficiary
(*) OJ L 304, 30.9.2004, p. 12.’;
is in accordance with Article 4 and Article 19(2) of the
Charter of Fundamental Rights of the European Union.
(2) Article 3 is amended as follows:
(12) This Directive respects the fundamental rights and
observes the principles recognised by Article 6 of the
(a) in paragraph 2, points (c) and (d) are replaced by the
Treaty on European Union and by the Charter of Funda
following:
mental Rights of the European Union, and in particular
in Article 7 thereof.
‘(c) are authorised to reside in a Member State on the
basis of a form of protection other than inter
national protection or have applied for author
isation to reside on that basis and are awaiting a
(13) In
accordance
with
point
34
of
the
Interinstitutional
decision on their status;
Agreement on better law-making ( 1 ), Member States are
encouraged to draw up, for themselves and in the interest
of the Union, their own tables, illustrating, as far as
(d) have applied for international protection and
whose application has not yet given rise to a
( 1 ) OJ C 321, 31.12.2003, p. 1.
final decision;’;

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EN
19.5.2011 Official
Journal
of
the
European
Union L
132/3
(b) in paragraph 3, point (c) is replaced by the following:
mentioned in that remark to provide information as to
whether the long-term resident is still a beneficiary of
international protection. The Member State mentioned in
‘(c) the European Convention on Establishment of
the remark shall reply no later than 1 month after
13 December 1955, the European Social Charter
receiving the request for information. Where international
of 18 October 1961, the amended European Social
protection has been withdrawn by a final decision, the
Charter of 3 May 1987, the European Convention
second Member State shall not enter that remark.
on the Legal Status of Migrant Workers of
24 November 1977, paragraph 11 of the
Schedule to the Convention Relating to the Status
6. Where,
in
accordance
with
the
relevant
international
of Refugees of 28 July 1951, as amended by the
instruments or national law, responsibility for the inter
Protocol signed in New York on 31 January 1967,
national protection of the long-term resident was trans
and the European Agreement on Transfer of
ferred to the second Member State after the long-term
Responsibility for Refugees of 16 October 1980.’;
resident’s EU residence permit referred to in paragraph 5
was issued, the second Member State shall amend
(3) Article 4 is amended as follows:
accordingly the remark referred to in paragraph 4 no
later than 3 months after the transfer.’;
(a) the following paragraph is inserted:
(5) in Article 9, the following paragraph is inserted:
‘1a. Member
States
shall
not grant
long-term
resident status on the basis of international protection
‘3a. Member States may withdraw the long-term
in the event of the revocation of, ending of or refusal
resident status in the event of the revocation of, ending
to renew international protection as laid down in
of or refusal to renew international protection as laid
Articles 14(3) and 19(3) of Directive 2004/83/EC.’;
down in Articles 14(3) and 19(3) of Directive 2004/83/EC
if the long-term resident status was obtained on the basis
of international protection.’;
(b) in paragraph 2, the following subparagraph is added:
‘Regarding persons to whom international protection
(6) in Article 11, the following paragraph is inserted:
has been granted, at least half of the period between
the date of the lodging of the application for inter
national protection on the basis of which that inter
‘4a. As
far
as
the
Member
State
which
granted
inter
national protection was granted and the date of the
national protection is concerned, paragraphs 3 and 4 shall
grant of the residence permit referred to in Article 24
be without prejudice to Directive 2004/83/EC.’;
of Directive 2004/83/EC, or the whole of that period if
it exceeds 18 months, shall be taken into account in
the calculation of the period referred to in
paragraph 1.’;
(7) Article 12 is amended as follows:
(4) in Article 8, the following paragraphs are added:
(a) the following paragraphs are inserted:
‘4. Where
a
Member
State
issues
a
long-term
resident’s
EU residence permit to a third-country national to whom
‘3a. Where a Member State decides to expel a long-
it granted international protection, it shall enter the
term resident whose long-term resident’s EU residence
following remark in that long-term resident’s EU
permit contains the remark referred to in Article 8(4),
residence permit, under the heading “Remarks”: “Inter
it shall request the Member State mentioned in that
national protection granted by [name of the Member
remark to confirm whether the person concerned is
State] on [date]”.
still a beneficiary of international protection in that
Member State. The Member State mentioned in the
remark shall reply no later than 1 month after
5. Where
a
long-term
resident’s
EU
residence
permit
is
receiving the request for information.
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
3b. If the long-term resident is still a beneficiary of
contains the remark referred to in paragraph 4, the second
international protection in the Member State
Member State shall enter the same remark in the long-
mentioned in the remark, that person shall be
term resident’s EU residence permit.
expelled to that Member State, which shall, without
prejudice to the applicable Union or national law
and to the principle of family unity, immediately
Before the second Member State enters the remark referred
readmit, without formalities, that beneficiary and
to in paragraph 4, it shall request the Member State
his/her family members.

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L 132/4
EN
Official Journal of the European Union
19.5.2011
3c. By
way
of
derogation
from
paragraph
3b,
the
third-country nationals whose long-term resident’s EU
Member State which adopted the expulsion decision
residence permit issued by the first Member State
shall retain the right to remove, in accordance with
contains the remark referred to in Article 8(4) of this
its international obligations, the long-term resident to
Directive.
a country other than the Member State which granted
international protection where that person fulfils the
conditions specified in Article 21(2) of Directive
This paragraph shall be without prejudice to Article 21(1)
2004/83/EC.’;
of Directive 2004/83/EC.’;
(b) the following paragraph is added:
(10) in Article 25, the first paragraph is replaced by the
following:
‘6. This
Article
shall
be
without
prejudice
to
Article 21(1) of Directive 2004/83/EC.’;
‘Member States shall appoint contact points who will be
responsible for receiving and transmitting the information
(8) the following Article is inserted:
and documentation referred to in Articles 8, 12, 19, 19a,
22 and 23.’.
‘Article 19a
Article 2
Amendments of long-term resident’s EU residence
permits
1. Member
States
shall
bring
into
force
the
laws,
regulations
and administrative provisions necessary to comply with this
1. Where
a
long-term
resident’s
EU
residence
permit Directive by 20 May 2013. They shall forthwith inform the
contains the remark referred to in Article 8(4), and
Commission thereof.
where, in accordance with the relevant international
instruments or national law, responsibility for the inter
national protection of the long-term resident is transferred
When Member States adopt these measures, they shall contain a
to a second Member State before that Member State issues
reference to this Directive or be accompanied by such a
the long-term resident’s EU residence permit referred to in
reference on the occasion of their official publication. The
Article 8(5), the second Member State shall ask the
methods of making such reference shall be laid down by
Member State which has issued the long-term resident’s
Member States.
EU residence permit to amend that remark accordingly.
2. Member
States
shall
communicate
to
the
Commission
the
2. Where
a
long-term
resident
is
granted
international text of the main provisions of national law which they adopt in
protection in the second Member State before that
the field covered by this Directive.
Member State issued the long-term resident’s EU
residence permit referred to in Article 8(5), that Member
State shall ask the Member State which has issued the
Article 3
long-term resident’s EU residence permit to amend it in
order to enter the remark referred to in Article 8(4).
This Directive shall enter into force on the day following its
publication in the Official Journal of the European Union.
3. Following
the
request
referred
to
in
paragraphs
1
and
2, the Member State which has issued the long-term
Article 4
resident’s EU residence permit shall issue the amended
long-term resident’s EU residence permit no later than 3
This Directive is addressed to the Member States in accordance
months after receiving the request from the second
with the Treaties.
Member State.’;
Done at Strasbourg, 11 May 2011.
(9) in Article 22, the following paragraph is inserted:
‘3a. Unless, in the meantime, the international
For the European Parliament
For the Council
protection has been withdrawn or the person falls within
one of the categories specified in Article 21(2) of Directive
The President
The President
2004/83/EC, paragraph 3 of this Article shall not apply to
J. BUZEK
GYRI E.

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