(1) 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 ((*)) shall be taken into account in the calculation of the period referred to in paragraph 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).’; ↩︎
(2) in Article 4, the following paragraph is inserted:
‘3a. Where a beneficiary of international protection is found in a Member State other than the one that granted international protection, without a right to stay or to reside there in accordance with relevant national, Union or international law, the period of legal stay in the Member State that granted international protection preceding such a situation shall not be taken into account in the calculation of the period referred to in paragraph 1.
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.’;
(3) 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.’.
Correlation Table
| Directive 2011/95/EU | This Regulation |
| — | Article 40 |