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Document 02024R1347-20240522
Regulation (EU) 2024/1347 of the European Parliament and of the Council of 14 May 2024 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, amending Council Directive 2003/109/EC and repealing Directive 2011/95/EU of the European Parliament and of the Council
Consolidated text: Regulation (EU) 2024/1347 of the European Parliament and of the Council of 14 May 2024 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, amending Council Directive 2003/109/EC and repealing Directive 2011/95/EU of the European Parliament and of the Council
Regulation (EU) 2024/1347 of the European Parliament and of the Council of 14 May 2024 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, amending Council Directive 2003/109/EC and repealing Directive 2011/95/EU of the European Parliament and of the Council
02024R1347 — EN — 22.05.2024 — 000.001
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REGULATION (EU) 2024/1347 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 14 May 2024 (OJ L 1347 22.5.2024, p. 1) |
Corrected by:
REGULATION (EU) 2024/1347 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 14 May 2024
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, amending Council Directive 2003/109/EC and repealing Directive 2011/95/EU of the European Parliament and of the Council
CHAPTER I
GENERAL PROVISIONS
Article 1
Subject matter
This Regulation lays down standards for:
the qualification of third-country nationals or stateless persons as beneficiaries of international protection;
a uniform status for refugees or for persons eligible for subsidiary protection;
the content of the international protection granted.
Article 2
Material scope
Article 3
Definitions
For the purposes of this Regulation, the following definitions apply:
‘refugee status’ means the recognition by a Member State of a third-country national or a stateless person as a refugee;
‘subsidiary protection status’ means the recognition by a Member State of a third-country national or a stateless person as a person eligible for subsidiary protection;
‘international protection’ means refugee status or subsidiary protection status;
‘beneficiary of international protection’ means a person who has been granted refugee status or subsidiary protection status;
‘refugee’ means a third-country national who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion or membership of a particular social group, is outside the country of nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country, or a stateless person, who, being outside of the country of former habitual residence for the same reasons as mentioned, is unable or, owing to such fear, unwilling to return to it, and to whom Article 12 does not apply;
‘person eligible for subsidiary protection’ means a third-country national or a stateless person who does not qualify as a refugee but in respect of whom substantial grounds have been shown for believing that that person, if returned to his or her country of origin or, in the case of a stateless person, to his or her country of former habitual residence, would face a real risk of suffering serious harm as defined in Article 15, and to whom Article 17(1) and (2) does not apply, and is unable or, owing to such risk, unwilling to avail himself or herself of the protection of that country;
‘application for international protection’ means a request made by a third-country national or a stateless person for protection from a Member State, who can be understood to seek refugee status or subsidiary protection status;
‘applicant’ means a third-country national or a stateless person who has made an application for international protection in respect of which a final decision has not yet been taken;
‘family members’ means, in so far as the family already existed before the applicant arrived on the territory of the Member States, the following members of the family of the beneficiary of international protection who are present on the territory of the same Member State in relation to the application for international protection:
the spouse of the beneficiary of international protection or his or her unmarried partner in a stable relationship, where the law or practice of the Member State concerned treats unmarried couples as equivalent to married couples;
the minor or adult dependent children of the couples referred to in point (a) or of the beneficiary of international protection, provided that they are unmarried and regardless of whether they were born in or out of wedlock or adopted as provided for under national law; a minor is considered unmarried provided that, on the basis of an individual assessment, the minor’s marriage would not be in accordance with the relevant national law had it been contracted in the Member State concerned, having regard, in particular, to the legal age of marriage;
where the beneficiary of international protection is a minor and unmarried, the father, mother or another adult responsible for that beneficiary, including an adult sibling, whether by the law or practice of the Member State concerned; a minor is considered unmarried provided that, on the basis of an individual assessment, the minor’s marriage would not be in accordance with the relevant national law had it been contracted in the Member State concerned, having regard, in particular, to the legal age of marriage;
‘minor’ means a third-country national or stateless person below the age of 18 years;
‘unaccompanied minor’ means a minor who arrives on the territory of the Member States unaccompanied by an adult responsible for him or her whether by the law or practice of the Member State concerned, and for as long as that minor is not effectively taken into the care of such an adult, including a minor who is left unaccompanied after he or she has entered the territory of the Member States;
‘residence permit’ means an authorisation issued by the authorities of a Member State, in a uniform format as laid down by Regulation (EC) No 1030/2002, which allows a third-country national or stateless person to reside legally on its territory;
‘country of origin’ means the country or countries of nationality or, for stateless persons, of former habitual residence;
‘withdrawal of international protection’ means a decision by a determining authority or a competent court or tribunal to revoke or end, including by refusing to renew, international protection;
‘determining authority’ means a quasi-judicial or administrative body in a Member State which is responsible for examining applications for international protection and is competent to take decisions at the administrative stage of the procedure;
‘social security’ means the branches of social security set out in Article 3(1) and (2) of Regulation (EC) No 883/2004 of the European Parliament and of the Council ( 1 );
‘social assistance’ means benefits granted with the objective of ensuring that the basic needs of those who lack sufficient resources are met;
‘guardian’ means a natural person or an organisation, including a public body, designated by the competent authorities to assist, represent and act on behalf of an unaccompanied minor, as applicable, in order to ensure that the unaccompanied minor can benefit from the rights and comply with the obligations under this Regulation, while safeguarding his or her best interests and general well-being.
CHAPTER II
ASSESSMENT OF APPLICATIONS FOR INTERNATIONAL PROTECTION
Article 4
Submission of information and assessment of facts and circumstances
The elements referred to in paragraph 1 shall consist of the following:
the applicant’s statements; and
all the documentation at the applicant’s disposal regarding the following:
the applicant’s reasons for applying for international protection;
the applicant’s age;
the applicant’s background, including that of relevant family members and other relatives;
the applicant’s identity;
the applicant’s nationality or nationalities;
the applicant’s country or countries and place or places of previous residence;
previous applications for international protection from the applicant;
the results of any resettlement or humanitarian admission procedure relating to the applicant as defined by Regulation (EU) 2024/1350;
the applicant’s travel routes; and
the applicant’s travel documents.
Where one or more particular aspects of the applicant’s statements are not supported by documentary or other evidence, no additional evidence shall be required in respect of those particular aspects where the following conditions are met:
the applicant has made a genuine effort to substantiate his or her application for international protection;
all relevant elements at the applicant’s disposal have been submitted and a satisfactory explanation has been given regarding any lack of other relevant elements;
the applicant’s statements are found to be coherent and plausible and do not run counter to available specific and general information relevant to the applicant’s case;
the general credibility of the applicant has been established, taking into account, inter alia, the time at which the applicant applied for international protection.
Article 5
International protection needs arising sur place
A well-founded fear of being persecuted or a real risk of suffering serious harm may be based on:
events which have taken place since the applicant left the country of origin; or
activities which the applicant has engaged in since the applicant left the country of origin, in particular where it is established that the activities relied upon constitute the expression and continuation of convictions, beliefs or orientations held in the country of origin.
Article 6
Actors of persecution or serious harm
Actors of persecution or serious harm can be:
the State;
parties or organisations controlling the State or a substantial part of the territory of the State;
non-State actors, if it can be demonstrated that the actors referred to in Article 7(1) are unable or unwilling to provide protection against persecution or serious harm.
Article 7
Actors of protection
Only the following actors can provide protection against persecution or serious harm, provided that they are able and willing to provide effective and non-temporary protection in accordance with paragraph 2:
the State;
stable, established non-State authorities, including international organisations, which control the State or a substantial part of the territory of the State.
Article 8
Internal protection alternative
Where the State or agents of the State are not the actors of persecution or serious harm, the determining authority shall examine, as part of the assessment of the application for international protection, whether an applicant is not in need of international protection because the applicant can safely and legally travel to and gain admittance to a part of the country of origin and can reasonably be expected to settle there and whether, in that part of the country, the applicant:
has no well-founded fear of being persecuted or does not face a real risk of suffering serious harm; or
has access to effective and non-temporary protection against persecution or serious harm.
The determining authority may only carry out an examination as referred to in paragraph 1 where it is clearly established that the risk of persecution or serious harm stems from an actor whose power is clearly limited to a specific geographical area or where the State itself only has control over certain parts of the country.
For the purposes of paragraph 1, the determining authority shall take into account:
the general circumstances prevailing in the relevant part of the country of origin, including the accessibility, effectiveness and durability of the protection referred to in Article 7;
the personal circumstances of the applicant in relation to factors such as health, age, gender, including gender identity, sexual orientation, ethnic origin and membership of a national minority; and
whether the applicant would be able to cater for his or her own basic needs.
CHAPTER III
QUALIFICATION FOR BEING A REFUGEE
Article 9
Acts of persecution
An act shall be regarded as an act of persecution within the meaning of Article 1(A) of the Geneva Convention where it is:
sufficiently serious by its nature or repetition as to constitute a severe violation of basic human rights, in particular the rights from which derogation cannot be made under Article 15(2) of the ECHR; or
an accumulation of various measures, including violations of human rights, which is sufficiently severe as to affect an individual in a similar manner to an act referred to in point (a).
Acts of persecution as qualified in paragraph 1 may, inter alia, take the form of:
acts of physical or mental violence, including acts of sexual violence;
legal, administrative, police or judicial measures which are in themselves discriminatory or which are implemented in a discriminatory manner;
prosecution or punishment which is disproportionate or discriminatory;
denial of judicial redress resulting in a disproportionate or discriminatory punishment;
prosecution or punishment for refusal to perform military service in a conflict, where performing military service would include crimes or acts falling within the scope of the grounds for exclusion as set out in Article 12(2);
acts of a gender-specific or child-specific nature.
Article 10
Reasons for persecution
The following elements shall be taken into account when assessing the reasons for persecution:
the concept of race shall, in particular, include considerations of colour, descent, or membership of a particular ethnic group;
the concept of religion shall, in particular, include the holding of theistic, non-theistic and atheistic beliefs, the participation in, or abstention from, formal worship in private or in public, either alone or in community with others, other religious acts or expressions of view, or forms of personal or communal conduct based on or mandated by any religious belief;
the concept of nationality shall not be confined to citizenship or lack thereof but shall, in particular, include membership of a group determined by its cultural, ethnic, or linguistic identity, common geographical or political origins or its relationship with the population of another State;
the concept of membership of a particular social group shall include, in particular, membership of a group:
whose members share or are perceived to share an innate characteristic or a common background that cannot be changed, or a characteristic or belief that is so fundamental to identity or conscience that a person should not be forced to renounce it; and
which has a distinct identity in the relevant country, because it is perceived as being different by the surrounding society;
the concept of political opinion shall, in particular, include the holding of an opinion, thought or belief on a matter related to the potential actors of persecution mentioned in Article 6 and to their policies or methods, whether or not that opinion, thought or belief has been acted upon by the applicant.
Depending on the circumstances in the country of origin, the concept of membership of a particular social group as referred to in point (d) of the first subparagraph shall include membership of a group based on a common characteristic of sexual orientation. Gender related aspects, including gender identity and gender expression, shall be given due consideration for the purposes of determining membership of a particular social group or identifying a characteristic of such a group.
Article 11
Cessation
A third-country national or a stateless person shall cease to be a refugee where one or more of the following apply:
the third-country national has voluntarily re-availed himself or herself of the protection of the country of nationality;
having lost his or her nationality, the third-country national or stateless person has voluntarily re-acquired it;
the third-country national or stateless person has acquired a new nationality and enjoys the protection of the country of that new nationality;
the third-country national or stateless person has voluntarily re-established himself or herself in the country which he or she left or outside which he or she remained owing to a fear of being persecuted;
the third-country national can no longer, because the circumstances in connection with which he or she has been recognised as a refugee have ceased to exist, continue to refuse to avail himself or herself of the protection of the country of nationality;
the stateless person is able, because the circumstances in connection with which he or she has been recognised as a refugee have ceased to exist, to return to the country of former habitual residence.
Points (e) and (f) of the first subparagraph shall not apply to a refugee who is able to invoke compelling reasons arising out of previous persecution for refusing to avail himself or herself of the protection of the country of nationality or, being a stateless person, of the country of former habitual residence.
In order to assess whether points (e) and (f) of paragraph 1, first subparagraph, apply, the determining authority shall:
take into account precise and up-to-date information obtained from relevant and available national, Union and international sources and, where available, the common analysis on the situation in specific countries of origin and the guidance notes referred to in Article 11 of Regulation (EU) 2021/2303;
have regard to whether the change of circumstances is of such a significant and non-temporary nature that the refugee’s fear of being persecuted can no longer be regarded as well-founded.
Article 12
Exclusion
A third-country national or a stateless person shall be excluded from being a refugee where that third-country national or stateless person:
falls within the scope of Article 1(D) of the Geneva Convention, relating to protection or assistance from organs or agencies of the United Nations other than the United Nations High Commissioner for Refugees; when such protection or assistance has ceased for any reason, without the position of that third-country national or stateless person being definitely settled in accordance with the relevant resolutions adopted by the General Assembly of the United Nations, that third-country national or stateless person shall ipso facto be entitled to the benefits of this Regulation;
is recognised by the competent authorities of the country in which third-country national or stateless person has taken up residence as having the rights and obligations which are attached to the possession of the nationality of that country, or equivalent rights and obligations.
A third-country national or a stateless person shall be excluded from being a refugee where there are serious reasons for considering that that third-country national or stateless person:
has committed a crime against peace, a war crime or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes;
has committed a serious non-political crime outside the country of refuge prior to that third-country national or stateless person’s admission as a refugee, which means the time of granting refugee status; particularly cruel actions, even if committed with an allegedly political objective, may be classified as serious non-political crimes;
has been guilty of acts contrary to the purposes and principles of the United Nations as set out in the Preamble to and Articles 1 and 2 of the Charter of the United Nations.
CHAPTER IV
REFUGEE STATUS
Article 13
Granting of refugee status
The determining authority shall grant refugee status to a third-country national or a stateless person who qualifies as a refugee in accordance with Chapters II and III.
Article 14
Withdrawal of refugee status
The determining authority shall withdraw the refugee status of a third-country national or stateless person where:
that third-country national or stateless person has ceased to be a refugee in accordance with Article 11;
that third-country national or stateless person should have been or is excluded from being a refugee in accordance with Article 12;
that third-country national or stateless person’s misrepresentation of facts, including the use of false documents, or omission of facts was decisive for the granting of refugee status;
there are reasonable grounds for regarding that third-country national or stateless person as a danger to the security of the Member State in which that third-country national or stateless person is present;
that third-country national or stateless person is convicted by a final judgment of a particularly serious crime and constitutes a danger to the community of the Member State in which that third-country national or stateless person is present;
CHAPTER V
QUALIFICATION FOR SUBSIDIARY PROTECTION
Article 15
Serious harm
Serious harm as referred to in Article 3(6) consists of:
the death penalty or execution;
torture or inhuman or degrading treatment or punishment of an applicant in the country of origin; or
a serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict.
Article 16
Cessation
In order to assess whether the circumstances which led to the granting of subsidiary protection status have ceased to exist or have changed to such a degree that protection is no longer required, the determining authority shall:
take into account precise and up-to-date information obtained from relevant and available national, Union and international sources and, where available, the common analysis on the situation in specific countries of origin and the guidance notes referred to in Article 11 of Regulation (EU) 2021/2303;
have regard to whether the change in circumstances is of such a significant and non-temporary nature that the beneficiary of subsidiary protection status no longer faces a real risk of serious harm.
Article 17
Exclusion
A third-country national or a stateless person shall be excluded from being eligible for subsidiary protection where there are serious reasons for considering that that third-country national or stateless person:
has committed a crime against peace, a war crime or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes;
has committed a serious crime prior to arriving on the territory of the Member State or has been convicted for a serious crime after arrival;
has been guilty of acts contrary to the purposes and principles of the United Nations as set out in the Preamble to and Articles 1 and 2 of the Charter of the United Nations;
constitutes a danger to the community or to national security.
CHAPTER VI
SUBSIDIARY PROTECTION STATUS
Article 18
Granting of subsidiary protection status
The determining authority shall grant subsidiary protection status to a third-country national or a stateless person who is eligible for subsidiary protection in accordance with Chapters II and V.
Article 19
Withdrawal of subsidiary protection status
The determining authority shall withdraw the subsidiary protection status of a third-country national or a stateless person where:
that third-country national or stateless person has ceased to be eligible for subsidiary protection in accordance with Article 16;
after having been granted subsidiary protection status, that third-country national or stateless person should have been or is excluded from being eligible for subsidiary protection in accordance with Article 17;
that third-country national or stateless person’s misrepresentation of facts, including the use of false documents, or omission of facts was decisive for the granting of subsidiary protection status.
CHAPTER VII
CONTENT OF INTERNATIONAL PROTECTION RIGHTS AND OBLIGATIONS OF BENEFICIARIES OF INTERNATIONAL PROTECTION
SECTION I
Common provisions
Article 20
General rules
Article 21
Protection from refoulement
The principle of non-refoulement shall be respected in accordance with Union and international law.
Article 22
Information
Competent authorities shall provide beneficiaries of international protection with information on the rights and obligations relating to refugee status or subsidiary protection status as soon as possible after such protection has been granted. That information, as specified in Annex I, shall:
be provided in a language that the beneficiary can understand or is reasonably supposed to understand; and
make explicit references to the consequences of not complying with the obligations provided for in Article 27 on movement within the Union.
Article 23
Maintaining family unity
SECTION II
Rights and obligations related to residence and stay
Article 24
Residence permits
On expiry, residence permits shall be renewed for at least three years for beneficiaries of refugee status and for at least two years for beneficiaries of subsidiary protection status.
The renewal of residence permits shall be organised in such a way as to ensure continuity of the period of permitted residence, with no interruption between the period covered by the lapsing of the permit and the renewed permit, provided that the beneficiary of international protection acts in accordance with relevant national law providing for the administrative formalities for renewal.
Article 25
Travel document
In the exercise of their obligations pursuant to paragraphs 1 and 2 of this Article, the competent authorities of Member States which do not take part in the Schengen acquis shall issue travel documents that comply with minimum standards for security features and biometrics equivalent to those outlined in Regulation (EC) No 2252/2004 to beneficiaries of subsidiary protection status who are unable to obtain or renew a national passport, taking into account the specifications of the International Civil Aviation Organisation, in particular those set out in Document 9303 on machine readable travel documents.
Article 26
Freedom of movement within the Member State
Beneficiaries of international protection shall enjoy freedom of movement within the territory of the Member State that granted them international protection, including the right to choose their place of residence in that territory, under the same conditions and restrictions as those provided for other third-country nationals legally resident in the territory of that Member State who are generally in the same circumstances.
Article 27
Movement within the Union
Beneficiaries of international protection shall not have the right to reside in a Member State other than the Member State that granted them international protection. This is without prejudice to their right to:
apply and be admitted to reside in another Member State pursuant to that Member State’s national law or pursuant to relevant provisions of Union law or of international agreements;
move freely in accordance with the conditions of Article 21 of the Convention implementing the Schengen Agreement.
SECTION III
Rights related to integration
Article 28
Access to employment
Beneficiaries of international protection shall enjoy equal treatment with nationals of the Member State that granted them international protection as regards:
terms of employment, including the minimum working age, and working conditions, including pay and dismissal, working hours, leave and holidays, and health and safety requirements at the workplace;
freedom of association and affiliation, and membership of an organisation representing workers or employers or of any organisation whose members are engaged in a specific occupation, including the rights and benefits conferred by such organisations;
employment-related educational opportunities for adults, vocational training, including training courses for upgrading skills and practical workplace experience;
information and counselling services offered by employment offices.
Article 29
Access to education
Beneficiaries of international protection shall continue to enjoy equal treatment with nationals of the Member State that granted them international protection for the completion of secondary education irrespective of whether they reach the age of majority.
Notwithstanding the first subparagraph, competent authorities may refuse grants and loans to adults granted international protection, where that possibility is provided for under national law.
Article 30
Access to procedures for recognition of qualifications and validation of skills
Article 31
Social security and social assistance
Access to certain forms of social assistance specified in national law may be made conditional on the effective participation of the beneficiary of international protection in integration measures, where participation in such measures is compulsory, provided that they are accessible and free of charge.
Core benefits shall include at least the following:
minimum income support;
assistance in the case of illness or pregnancy;
parental assistance, including child-care assistance; and
housing benefits, in so far as those benefits are granted to nationals of the Member State concerned under national law.
Article 32
Healthcare
Article 33
Unaccompanied minors
Competent authorities may keep the same person designated as [representative under Article 23(2), point (b), of Regulation (EU) 2024/1348 or under Article 27(1), point (b), of Directive (EU) 2024/1346 to act as the guardian, without the need for formal appointment.
Representatives as referred to in Article 23(2), point (b), of Regulation (EU) 2024/1348 or Article 27(1), point (b), of Directive (EU) 2024/1346 shall remain responsible for unaccompanied minors until a guardian is appointed.
Organisations or natural persons whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be eligible for appointment as the guardian of that minor.
Where an organisation is appointed as guardian, it shall as soon as possible designate a natural person responsible for carrying out the duties of guardian in respect of the unaccompanied minor in accordance with this Regulation.
For the purposes of this Regulation, with a view to safeguarding the best interests of the child and the unaccompanied minor’s general well-being, the guardian shall:
ensure that the unaccompanied minor has access to all rights stemming from this Regulation;
assist and, where applicable, represent the unaccompanied minor in the event that the unaccompanied minor’s refugee status or subsidiary protection status is withdrawn; and
where applicable, assist in the tracing of family as provided for in paragraph 7.
Guardians shall:
have the necessary expertise and receive initial and continuous appropriate training concerning the rights and needs of unaccompanied minors, including those relating to any applicable child safeguarding standards;
be bound by the confidentiality rules provided for in national law in relation to any information they obtain in the course of their work;
not have a verified record of child-related crimes and offences or of crimes and offences that lead to serious doubts about their ability to assume a role of responsibility with regard to children.
Entities and persons as referred to in the first subparagraph shall review the performance of guardians, in particular where there are indications that guardians are not performing their tasks in a satisfactory manner. Such entities and persons shall examine, without delay, any complaints lodged by unaccompanied minors against their guardians.
Where necessary, the competent authorities shall replace a person acting as a guardian, in particular where they consider that that person has not adequately performed his or her tasks.
The competent authorities shall explain to unaccompanied minors, in an age-appropriate manner and in such a way as to ensure that the minors understand, how to lodge a complaint against their guardians in confidence and safety.
While taking into account the best interests of the child, the competent authorities shall place unaccompanied minors:
with an adult relative;
with a foster family;
in centres specialised in accommodation for minors; or
in other accommodation suitable for minors.
The views of unaccompanied minors shall be taken into account in accordance with their age and degree of maturity.
Where there might be a threat to the life or integrity of the minor or the minor’s close relatives, particularly if they have remained in the country of origin, care shall be taken to ensure that the collection, processing and circulation of information concerning those persons is undertaken on a confidential basis so as to avoid jeopardising their safety.
Article 34
Access to accommodation
Article 35
Access to integration measures
Article 36
Repatriation
Assistance may be provided to beneficiaries of international protection who wish to be repatriated.
CHAPTER VIII
ADMINISTRATIVE COOPERATION
Article 37
Cooperation
Each Member State shall appoint a national contact point for the purposes of this Regulation and communicate its address to the Commission. The Commission shall communicate that information to the other Member States.
Member States shall, in liaison with the Commission, take all appropriate measures to establish direct cooperation and an exchange of information between the competent authorities.
Article 38
Staff
Authorities and other organisations applying this Regulation shall have received or shall receive the necessary training and shall be bound by the principle of confidentiality in relation to any personal information they acquire in the performance of their duties, as laid down by national law.
CHAPTER IX
FINAL PROVISIONS
Article 39
Monitoring and evaluation
By 13 June 2028 and every five years thereafter, the Commission shall report to the European Parliament and to the Council on the application of this Regulation and shall, where appropriate, propose necessary amendments.
Nine months prior to the expiry of the relevant deadline as set out in the first paragraph, at the latest, Member States shall forward to the Commission all information appropriate for the preparation of the report referred to in that paragraph.
Article 40
Amendment to Directive 2003/109/EC
Directive 2003/109/EC is amended as follows:
in Article 4(2), the third subparagraph 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 24 of Regulation (EU) 2024/1347 ( *1 ) shall be taken into account in the calculation of the period referred to in paragraph 1.
in Article 4, the following paragraph is inserted:
By way of derogation from the first subparagraph, in particular where the beneficiary of international protection demonstrates that the reason for the stay or residence without a right was due to circumstances beyond that beneficiary’s control, Member States may provide, in accordance with their national law, that the calculation of the period referred to in paragraph 1 shall not be interrupted.’
;
in Article 26, the first paragraph is replaced by the following:
‘Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 23 January 2006 at the latest. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 4(2), third subparagraph, and (3a) by 12 June 2026. They shall immediately communicate the text of those measures to the Commission.’.
Article 41
Repeal
Directive 2011/95/EU is repealed with effect from 12 June 2026. References to the repealed Directive shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex II.
To the extent that Council Directive 2004/83/EC ( 3 ) continued to be binding upon Member States not bound by Directive 2011/95/EU, Directive 2004/83/EC is repealed with effect from the date on which those Member States are bound by this Regulation. References to the repealed Directive shall be construed as references to this Regulation.
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.
ANNEX I
Information to be provided to beneficiaries of international protection
As soon as possible after the international protection has been granted, the following information shall be provided, as a minimum, to beneficiaries of international protection regarding the rights and obligations relating to their refugee status or subsidiary protection status. Where necessary, the information may be provided by different authorities, service providers or relevant contact points.
I. Information on rights and obligations related to residence and stay:
right to a residence permit for beneficiaries of international protection (Article 24):
right to a residence permit for family members of beneficiaries of international protection (Article 23):
right to claim a travel document (Article 25):
right to freedom of movement within the Member State and possible restrictions on that movement (Article 26):
right to freedom of movement within the Union (Article 27):
II. Information on rights related to integration:
right to access employment (Article 28):
right to access education for minors (Article 29(1)):
right to access the general education system for adults (Article 29(2)):
right to access procedures for the recognition of qualifications and the validation of skills (Article 30):
information on appropriate schemes for assessing, validating and recognising prior learning outcomes and experience (Article 30(3)):
right to equal treatment with nationals as regards social security (Article 31):
right to social assistance (Article 31):
right to healthcare under the same eligibility conditions as nationals (Article 32):
right to access accommodation under conditions equivalent to those applicable to other third country nationals legally residing in the Member State (Article 34):
right to access integration measures considered appropriate, subject to compulsory participation where applicable (Article 35):
III. Information on specific rights for unaccompanied minors (Article 33):
ANNEX II
Correlation Table
|
Directive 2011/95/EU |
This Regulation |
|
Article 1 |
Article 1 |
|
Article 2, point (a) |
Article 3, point (3) |
|
Article 2, point (b) |
Article 3, point (4) |
|
Article 2, point (c) |
— |
|
Article 2, point (d) |
Article 3, point (5) |
|
Article 2, point (e) |
Article 3, point (1) |
|
Article 2, point (f) |
Article 3, point (6) |
|
Article 2, point (g) |
Article 3, point (2) |
|
Article 2, point (h) |
Article 3, point (7) |
|
Article 2, point (i) |
Article 3, point (8) |
|
Article 2, point (j), introductory wording |
Article 3, point (9), introductory wording |
|
Article 2 point (j), first indent |
Article 3, point (9)(a) |
|
Article 2 point (j), second indent |
Article 3, point (9)(b) |
|
Article 2 point (j), third indent |
Article 3, point (9)(c) |
|
Article 2, point (k) |
Article 3, point (10) |
|
Article 2, point (l) |
Article 3, point (11) |
|
Article 2, point (m) |
Article 3, point (12) |
|
Article 2, point (n) |
Article 3, point (13) |
|
— |
Article 3, points (14), (15), (16), (17) and (18) |
|
Article 3 |
— |
|
Article 4(1) and (2) |
Article 4(1) and (2) |
|
— |
Article 4(3) |
|
Article 4(3), points (a) to (e) |
– () |
|
Article 4(4) and (5) |
Article 4(4) and (5) |
|
Article 5 |
Article 5 |
|
Article 6 |
Article 6 |
|
Article 7 |
Article 7 |
|
Article 8(1) |
Article 8(1) |
|
— |
Article 8(2) and (3) |
|
Article 8(2) |
Article 8(4) |
|
— |
Article 8(5) and (6) |
|
Article 9 |
Article 9 |
|
Article 10(1) and (2) |
Article 10(1) and (2) |
|
— |
Article 10(3) |
|
Article 11(1) |
Article 11(1), first subparagraph |
|
Article 11(2) |
Article 11(2), points (a) and (b) |
|
Article 11(3) |
— |
|
Article 12(1) |
Article 12(1) |
|
Article 12(2), points (a), (b) and (c) |
Article 12(2), points (a), (b) and (c) |
|
Article 12(3) |
Article 12(3) |
|
— |
Article 12(4) and (5) |
|
Article 13 |
Article 13 |
|
Article 14(1) |
Article 14(1), point (a) |
|
Article 14(2) |
Article 14(4) |
|
Article 14(3), point (a) |
Articles 14(1), point (b) |
|
Article 14(3), point (b) |
Article 14(1), point (c) |
|
Article 14(4), point (a) |
Article 14(1), point (d) |
|
Article 14(4), point (b) |
Article 14(1), point (e) |
|
Article 14(5) |
Article 14(2) |
|
Article 14(6) |
Article 14(3) |
|
— |
Article 14(4) |
|
Article 15 |
Article 15 |
|
Article 16(1) |
Article 16(1) |
|
Article 16(2) |
Article 16(2), points (a) and (b) |
|
Article 16(3) |
Article 16(3) |
|
Article 17(1), points (a), (b), (c) and (d) |
Article 17(1), points (a), (b), (c) and (d) |
|
Article 17(2) |
Article 17(2) |
|
Article 17(3) |
Article 17(3) |
|
— |
Article 17(4) and (5) |
|
Article 18 |
Article 18 |
|
Article 19(1) |
Article 19(1), point (a) |
|
Article 19(2) |
Article 19(1), point (b) |
|
Article 19(3), point (a) |
Article 19(1), point (b) |
|
Article 19(3), point (b) |
Article 19(1), point (c) |
|
Article 19(4) |
Article 19(2) |
|
Article 21 |
Article 21 |
|
Article 20(1) |
Article 20(1) |
|
Article 22 |
Article 20(2) |
|
Article 20(3) |
Article 20(4) |
|
Article 20(4) |
Article 20(4) |
|
Article 20(5) |
Article 20(5) |
|
Article 21(1) |
Article 21 |
|
Article 21(2) |
— |
|
Article 21(3) |
— |
|
Article 22 |
Article 22 |
|
Article 23(1) |
— |
|
Article 23(2) |
Article 23(1) and (4) |
|
— |
Article 23(2) |
|
Article 23(3) |
Article 23(3) |
|
Article 23(4) |
Articles 23(5) |
|
Article 23(5) |
Article 23(7) |
|
Article 24(1), first subparagraph |
Article 24(2) |
|
Article 24(2) |
Article 26(4), second subparagraph |
|
Article 25 |
Article 25 |
|
Article 26(1) |
Article 28(1) |
|
Article 26(2) |
Article 28(2), points (c) and (d) |
|
Article 26(3) |
Article 28(3) |
|
Article 26(4) |
Article 31 |
|
Article 27 |
Article 29 |
|
Article 28(1) and (2) |
Article 30(1) and (2) |
|
— |
Article 30(3) |
|
Article 29(1) |
Article 31(1), first subparagraph |
|
— |
Article 31(1), second subparagraph |
|
Article 29(2) |
Article 31(2) |
|
Article 30 |
Article 32 |
|
Article 31(1) |
Article 33(1), first subparagraph |
|
— |
Article 33(1), second subparagraph |
|
Article 31(2), (3), (4), (5) and (6) |
Article 33(2), (3), (4), (5), (6) and (7) |
|
Article 32 |
Article 34 |
|
Article 33 |
Article 26 |
|
Article 34 |
Article 35(1) |
|
— |
Article 35(2) |
|
Article 35 |
Article 36 |
|
Article 36 |
Article 37 |
|
Article 37 |
Article 38 |
|
Article 38 |
Article 39 |
|
Article 39 |
— |
|
— |
Article 40 |
|
Article 40 |
Article 41 |
|
Article 41 |
Article 42 |
|
Article 42 |
— |
|
(1)
See Article 33(2) of Regulation (EU) 2024/1348. |
|
( ) Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ L 166, 30.4.2004, p. 1).
( ) Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 255, 30.9.2005, p. 22).
( *1 ) Regulation (EU) 2024/1347 of the European Parliament and of the Council of 14 May 2024 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, amending Council Directive 2003/109/EC and repealing Council Directive 2011/95/EU of the European Parliament and of the Council (OJ L, 2024/1347, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1347/oj).’;
( ) 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 (OJ L 304, 30.9.2004, p. 12).