20 Amendments of Jana TOOM related to 2016/0222(COD)
Amendment 53 #
Proposal for a directive
Recital 8
Recital 8
Amendment 55 #
Proposal for a directive
Recital 12
Recital 12
(12) Harmonised EU rules on the documents to be issued to applicants make it more difficult for applicants to move in an unauthorised manner within the Union. It needs to be clarified thatNevertheless, Member States should only provide applicants with a travel document when serious humanitarian or other imperative reasons arise. The validity of travel documents should also be limited to the purpose and duration needed for the reason for which they are issued. Serious humanitarian reasons could for instance be considered when an applicant needs to travel to another State for medical treatment or to visit relatives in particular cases, such as for visits to close relatives who are seriously ill, or to attend marriages or funerals of close relatives. Other imperative reasons could include situations where applicants who have been granted access to the labour market are required to perform essential travel for work purposes, where applicants are required to travel as part of study curricula or where minors are travelling with foster families.
Amendment 58 #
Proposal for a directive
Recital 14
Recital 14
(14) Applicants are required to be present in the Member State where they made an application or in the Member State to which they are transferred in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation]. In case an applicant has absconded from this Member State and, without authorisatigood reason, travelled to another Member State, it is vital, for the purpose of ensuring a well-functioning Common European Asylum System that the applicant is swiftly returned to the Member State where he or she is required to be present. Until such a transfer has taken place, there is a risk that the applicant may abscond and his or her whereabouts should therefore be closely monitored.
Amendment 60 #
Proposal for a directive
Recital 15
Recital 15
Amendment 64 #
Proposal for a directive
Recital 19
Recital 19
(19) In view of the serious consequences for applicants who have absconded or who are considered to be at risk of absconding, the meaning of absconding should be defined in view of encompassing both a deliberate action to avoid the applicable asylum procedures and the factual circumstance of not remaining available to the relevant authorities, including by leaving the territory where the applicant is required to be present.
Amendment 66 #
Proposal for a directive
Recital 30
Recital 30
(30) In applying this Directive, Member States should seek to ensure full compliance with the principles of the best interests of the child and of family unity, in accordance with the Charter of Fundamental Rights of the European Union, the 1989 United Nations Convention on the Rights of the Child and the European Convention for the Protection of Human Rights and Fundamental Freedoms respectively. Reception conditions need to be adapted to the specific situation of minors, whether unaccompanied or within families, with due regard to their security, physical and emotional care, education and basic cultural needs and provided in a manner that encourages their general development.
Amendment 68 #
Proposal for a directive
Recital 31
Recital 31
(31) Member States should ensure that applicants receive the necessary health care which should include, at least, maternity medical aid, emergency care and essential treatment of illnesses, including of serious mental disorders. To respond to public health concerns with regard to disease prevention and safeguard the health of individual applicants, applicants' access to health care should also include preventive medical treatment, such as vaccinations. Member States may require medical screening for applicants on public health grounds. The results of medical screening should not influence the assessment of applications for international protection, which should always be carried out objectively, impartially and on an individual basis in line with Regulation (EU) No XXX/XXX [Procedures Regulation].
Amendment 86 #
Proposal for a directive
Recital 39
Recital 39
(39) Due to the possibly temporary nature of the stay of applicants and without prejudice to Regulation (EU) No 1231/2010 of the European Parliament and of the Council, Member States should be able to exclude family benefits and unemployment benefits from equal treatment between applicants and their own nationals and should be able to limit the application of equal treatment in relation to education and vocational training. Tthe right to freedom of association and affiliation may also be limited by excluding applicants from taking part in the management of certain bodies and from holding a public office.
Amendment 97 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Member States shall provide applicants with a travel document only when serious humanitarian or other imperative reasons arise that require their presence in another State. The validity of the travel document shall be limited to the purpose and duration needed for the reason for which it is issued.
Amendment 99 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – introductory part
Article 7 – paragraph 2 – subparagraph 1 – introductory part
2. Member States shallmay where necessary decide on the residence of an applicant in a specific place for any of the following reasons:
Amendment 102 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point d – indent 1
Article 7 – paragraph 2 – subparagraph 1 – point d – indent 1
– for applicants who have not complied with the obligation to make an application in the first Member State of entry as set out in Article [4(1)] of Regulation (EU) No XXX/XXX [Dublin Regulation] and have travelled to another Member State without adequate justificatigood reason and made an application there; or
Amendment 112 #
Proposal for a directive
Article 11 – paragraph 2 – subparagraph 1
Article 11 – paragraph 2 – subparagraph 1
Minors aged 15-17 shall be detained only as a measure of last resort and after it having been established that other less coercive alternative measures cannot be applied effectively. Such detention shall be for the shortest period of time and all efforts shall be made to release the detained minors and place them in accommodation suitable for minors. Minors under the age of 15 shall never be detained.
Amendment 116 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1
Article 11 – paragraph 3 – subparagraph 1
Unaccompanied minors aged 15-17 shall be detained only in exceptional circumstances. All efforts shall be made to release the detained unaccompanied minor as soon as possible. Unaccompanied minors under the age of 15 shall never be detained.
Amendment 117 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2
Article 11 – paragraph 3 – subparagraph 2
Amendment 118 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 3
Article 11 – paragraph 3 – subparagraph 3
As far as possible, unaccompanied minors shall be provided with accommodation in institutions provided with personnel who take into account the rights and needs of persons of their age and facilities adapted to unaccompanied minors. A special effort shall be made to ensure that the physical and sexual integrity of all minors is adequately protected.
Amendment 130 #
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 2
Article 15 – paragraph 1 – subparagraph 2
Amendment 139 #
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 2
Article 15 – paragraph 2 – subparagraph 2
Amendment 156 #
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 2 – point iii
Article 15 – paragraph 3 – subparagraph 2 – point iii
Amendment 168 #
Proposal for a directive
Article 17 a
Article 17 a
Amendment 173 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall ensure that applicants, irrespective of where they are required to be present in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation], receive the necessary health care which shall include, at least, maternity medical aid, emergency care and essential treatment of illnesses, including of serious mental disorders.