Note on the Directive amending Directive 2003/109/EC to extend the scope to beneficiaries of international protection

Although the Standing Committee welcomes a proposal to extend the scope of Directive 2003/109/EC (LTR Directive) it has some serious objections against the proposal, presently under consideration. The Committee agrees with the choice, not to include a mechanism for transfer of responsibility for protection under community law in the Directive. However, there are two points of concern. The scope of the amended Directive threatens to differentiate between excluded and included categories without good justification. In the opinion of the Standing Committee, the main criteria for obtaining LTR status should be the length of the legal stay, regardless of the grounds on which the right of residence was granted. Further, the present negotiations risk neglecting the principle of non-refoulment, as will be set out below.