47 Amendments of Martina ANDERSON related to 2016/0222(COD)
Amendment 157 #
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Member States shall inform applicants, as soon as possible and at the latest when they are lodging their application for international protection, of any established benefits and of the obligations with which they must comply relating to reception conditions. They shall point out in the information provided that the applicant is not entitled to the reception conditions set out in Articles 14 to 17 of this Directive as stated in Article 17a of the same Directive in any Member State other than where he or she is required to be present in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation].
Amendment 168 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall ensure that the information referred to in paragraph 1 is in writing using a standard template which shall be developed by the European Union Agency for Asylum and in a language that the applicant understands or is reasonably supposed to understand. Where necessary, this information shall also be supplied orally and adapted to the needs of minorthe person concerned, taking account of their individual circumstances.
Amendment 174 #
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. This travel document shall allow for unlimited re-entry to the territory of the issuing Member State.
Amendment 175 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Applicants may move freely within the territory of the host Member State or within an area assigned to them by that Member State. The assigned area shall not affect the unalienable sphere of private life and shall allow sufficient scope for guaranteeing access to all benefits under this Directive.
Amendment 180 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – introductory part
Article 7 – paragraph 2 – subparagraph 1 – introductory part
2. Member States shall where necessarmay decide on the residence of an applicant in a specific place for any of the following reasons:
Amendment 187 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point c
Article 7 – paragraph 2 – subparagraph 1 – point c
Amendment 189 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point d – introductory part
Article 7 – paragraph 2 – subparagraph 1 – point d – introductory part
Amendment 191 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point d – indent 1
Article 7 – paragraph 2 – subparagraph 1 – point d – indent 1
Amendment 195 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point d – indent 2
Article 7 – paragraph 2 – subparagraph 1 – point d – indent 2
Amendment 199 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point d – indent 3
Article 7 – paragraph 2 – subparagraph 1 – point d – indent 3
Amendment 203 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 2
Article 7 – paragraph 2 – subparagraph 2
Amendment 207 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Where there are reasons for considering that there is a risk that an applicant may abscond, Member States shallmay, where necessary and proportionate and on the basis of a decision of a judicial authority, require the applicant to report to the competent authorities, or to appear before them in person, either without delay or at a specified time as frequently as necessary, but no more than once every working day, to effectively prevent the applicant from absconding.
Amendment 210 #
Proposal for a directive
Article 7 – paragraph 4 – subparagraph 1
Article 7 – paragraph 4 – subparagraph 1
Member States shall provide for the possibility of granting applicants temporary permission to leave their place of residence or assigned area. Decisions shall be taken objectively and impartially on the merits of the individual case and reasons shall be given if they are negative.
Amendment 218 #
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Member States shall require applicants to inform the competent authorities of their current place of residence or address or, where applicable, a telephone number where they may be reached and notify any change of telephone number or address to such authorities as soon as possible.
Amendment 226 #
Proposal for a directive
Article 7 – paragraph 8
Article 7 – paragraph 8
8. Member States shall state reasons in fact and, where relevant, in law in any decision taken in accordance with this Article. Applicants shall be immediately informed in writing, in a language which they understand or are reasonably supposed tothe official language of the Member State as well as in a language the applicant understands, of the adoption of such a decision, of the procedures for challenging the decision in accordance with Article 25 and of the consequences of non-compliance with the obligations imposed by the decision.
Amendment 231 #
Proposal for a directive
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. Applicants shall not be detained before the evaluation of their special reception needs, pursuant to Article 21, is carried out.
Amendment 235 #
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 1 – point c
Article 8 – paragraph 3 – subparagraph 1 – point c
Amendment 239 #
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 1 – point d
Article 8 – paragraph 3 – subparagraph 1 – point d
Amendment 256 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
Where applicants with special reception needs are detained, Member States shall ensure regular monitoring and adequate support taking into account their particular situation, including their physical and mental health.
Amendment 292 #
Proposal for a directive
Article 14 – paragraph 2 – subparagraph 1
Article 14 – paragraph 2 – subparagraph 1
Access to the education system shall not be postponed for more than threone months from the date on which themoment that the minor made an application for international protection was lodged by or on behalf of the minor.
Amendment 296 #
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1
Article 15 – paragraph 1 – subparagraph 1
Member States shall ensure that applicants have access to the labour market no later than 6 months from the date when the application for international protection was lodged if an administrative decision by the competent authority has not been taken and the delay cannot be attributed to the applicant.
Amendment 304 #
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 2
Article 15 – paragraph 1 – subparagraph 2
Where the Member State has accelerated the examination on the merits of an application for international protection in accordance with points [(a) to (f)] of Article [40(1)] of Regulation (EU) No XXX/XXX [Procedures Regulation], access to the labour market shall not be granted automatically.
Amendment 308 #
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 2
Article 15 – paragraph 2 – subparagraph 2
Amendment 322 #
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1 – point c
Article 15 – paragraph 3 – subparagraph 1 – point c
(c) education and vocational training, except study and maintenance grants and loans or other grants and loans related to education and vocational training;
Amendment 331 #
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 2 – point ii
Article 15 – paragraph 3 – subparagraph 2 – point ii
Amendment 334 #
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 2 – point iii
Article 15 – paragraph 3 – subparagraph 2 – point iii
Amendment 348 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Member States shall ensure that material reception conditions are available to applicants from the moment they make their application for international protection in accordance with Article [25] of Regulation (EU) No XXX/XXX [Procedures Regulation]arrive on the territory of a Member State.
Amendment 394 #
Proposal for a directive
Article 17 – paragraph 9 – subparagraph 3
Article 17 – paragraph 9 – subparagraph 3
When resorting to those exceptional measures, the Member State concerned shall inform the Commission and the European Union Agency for Asylum without delay. It shall also inform the Commission and the European Union Agency for Asylum as soon as the reasons for applying these exceptional measures have ceased to exist.
Amendment 397 #
Proposal for a directive
Article 17a – Title
Article 17a – Title
Amendment 412 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Member States shall provide necessary medical or other assistance to applicants who have special reception needs, including appropriate mental health care where needed and rehabilitation services to victims of gender-based harm, torture, rape or other serious forms of psychological, physical or sexual violence.
Amendment 418 #
Proposal for a directive
Article 19 – paragraph 1 – point a
Article 19 – paragraph 1 – point a
(a) replace accommodation, food, clothing and other essential non-food items provided in the form of financial allowances and vouchers, with material reception conditions provided in kind; or
Amendment 419 #
Proposal for a directive
Article 19 – paragraph 1 – point b
Article 19 – paragraph 1 – point b
(b) reduce or, in exceptional and duly justified cases, withdraw the daily allowances, while still guaranteeing a dignified standard of living.
Amendment 424 #
Proposal for a directive
Article 19 – paragraph 2 – subparagraph 1 – point e
Article 19 – paragraph 2 – subparagraph 1 – point e
Amendment 429 #
Proposal for a directive
Article 19 – paragraph 2 – subparagraph 1 – point f
Article 19 – paragraph 2 – subparagraph 1 – point f
(f) intentionally fails to attend compulsory integration measures; or
Amendment 431 #
Proposal for a directive
Article 19 – paragraph 2 – subparagraph 1 – point g
Article 19 – paragraph 2 – subparagraph 1 – point g
Amendment 434 #
Proposal for a directive
Article 19 – paragraph 2 – subparagraph 1 – point h
Article 19 – paragraph 2 – subparagraph 1 – point h
Amendment 451 #
Proposal for a directive
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
Amendment 452 #
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1
Article 21 – paragraph 1 – subparagraph 1
In order to effectively implement Article 20, Member States shall systematically assess whether the applicant is an applicant with special reception needs. Member States shall also indicate the nature of such needs, with the assistance of a qualified interpreter where needed. Member States shall also indicate the nature of such needs, measures to be taken to respond to them and the authorities responsible for such a response.
Amendment 455 #
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 2
Article 21 – paragraph 1 – subparagraph 2
That assessment shall be initiated as early as possible after an application for international protection is made and may be integrated into existing national procedures or into the assessment referred to in Article [19] of Regulation (EU) No XXX/XXX [Procedures Regulation]. Member States shall ensure that those special reception needs are also addressed, in accordance with this Directive, if they become apparent at a later stage in the asylum procedure, or if the applicant expresses a reasoned request to have his or her special reception needs reassessed.
Amendment 464 #
Proposal for a directive
Article 21 – paragraph 2 – point c
Article 21 – paragraph 2 – point c
(c) refer applicants to a doctor or a psychologist trained in carrying out such an assessment, for further assessment of their psychological and physical state with the support of a qualified interpreter where there are indications that applicants may have been victim of gender-based harm, torture, rape or of another serious form of psychological, physical or sexual, bias- motivated or sexual and gender-based violence and that this could affect the reception needs of the applicant; and
Amendment 469 #
Proposal for a directive
Article 22 – paragraph 2 – point b
Article 22 – paragraph 2 – point b
(b) the minor’'s well-being and social development, taking into particular consideration the minor’s background's background, such as the ethnic, religious, cultural and linguistic background and further having regard to the need for stability and continuity in care and access to health and education services;
Amendment 470 #
Proposal for a directive
Article 22 – paragraph 2 – point c
Article 22 – paragraph 2 – point c
(c) safety and security considerations, in particular where there is a risk of the minor being a victim of any form of violence and exploitation, and human trafficking;
Amendment 478 #
Proposal for a directive
Article 22 – paragraph 5 a (new)
Article 22 – paragraph 5 a (new)
5a. Consistent with the principle of family unity, parents or legal or customary primary caregivers shall not be detained. Minors and families with minor children shall be accommodated together in non- custodial, community-based placements while their immigration status is being resolved.
Amendment 482 #
Proposal for a directive
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
Member States shall as soon as possible and no later than five working days from the moment when an unaccompanied minor makes an application for international protectionarrives in a Member State take measures to ensure that a guardian represents and assists the unaccompanied minor to enable him or her to benefit from the rights and comply with the obligations provided for in this Directive. The guardian appointed in accordance with Article [22] of Regulation (EU) No XXX/XXX [Procedures Regulation] may perform those tasks. The unaccompanied minor shall be informed immediately of the appointment of the guardian. Where an organisation is appointed as guardian, it shall designate a person responsible for carrying out the duties of guardian in respect of the unaccompanied minor, in accordance with this Directive. The guardian shall perform his or her duties in accordance with the principle of the best interests of the child, as prescribed in Article 22 (2), shall have the necessary expertisequalifications and expertise and receive continuous and appropriate training to that end, and shall not have a verified record ofcriminal record, with particular regard to any child- related crimes or offences. After his or her appointment, the guardian's criminal record shall be regularly reviewed by the competent authorities to identify potential incompatibilities with his or her role. In order to ensure the minor’s well-being and social development referred to in Article 22 (2)(b), the person acting as guardian shall be changed only when necessary. Organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be appointed as guardians.
Amendment 490 #
Proposal for a directive
Article 23 – paragraph 1 – subparagraph 2
Article 23 – paragraph 1 – subparagraph 2
Member States shall ensure that a guardian is not placed in charge of a disproportionate number of unaccompanied minors at the same time that would render him or her unable to perform his or her tasks effectively. Member States shall appoint entities or persons responsible for monitoring at regular intervals that guardians perform their tasks in a satisfactory manner. Those entities or persons shall also have the competence to review complaints lodged by unaccompanied minors against their guardian. To this end, unaccompanied minors shall be given information, in a child-friendly manner and in a language they understand, about who these entities or persons are and how to file complaints against their guardians in confidence and safety.
Amendment 496 #
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Member States shall ensure that persons who have been subjected to sexual and gender-based harmviolence, other forms of bias-motivated violence, torture, rape or other serious acts of psychological, physical or sexual violence areceive the necessary treatment provided with holistic rehabilitation services for the damage caused by such acts, in particular access to appropriate medical and psychological treatment or care as well as qualified counselling, with the support of a qualified interpreter where needed. Access to that support shall be as early as possible after a victim has been identified.
Amendment 501 #
Proposal for a directive
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Those working with victims of gender-based harm, torture, rape or other serious acts of violencepsychological, physical or sexual violence, including health professionals in charge of implementing paragraph 1, shall have had and shall continue to receive appropriate training concerning their needs, and appropriate rehabilitation methods, and shall be bound by the confidentiality rules provided for in national law, in relation to any information they obtain in the course of their work.