156 Amendments of Barbara SPINELLI related to 2016/0223(COD)

Proposal for a regulation
Recital 3

(3) The CEAS is based on common standards for asylum procedures, recognition and protection offered at Union level, reception conditions and a system for determining the Member State responsible for asylum seekers. Notwithstanding progress achieved so far in the progressive development of the CEAS, there are still significant disparities between the Member States in the types of procedures used, the recognition rates, the type of protection granted, the level of material reception conditions and benefits given to applicants for and beneficiaries of international protection. These divergences ~~are important drivers of secondary movements and~~ undermine the objective of ensuring that all applicants are equally treated wherever they apply in the Union.

2017/03/27
Committee: LIBE

Proposal for a regulation
Recital 3 a (new)

(3 a) At present, Member States only recognise asylum decisions issued by other Member States where those decisions refuse to grant international protection. In order to ensure the proper implementation of Article 78(2) of the Treaty on the Functioning of the European Union (TFEU), which calls for a uniform status of asylum valid throughout the Union, Member States shall move towards a mutual recognition of asylum decisions issued by other Member States which grant international protection to persons in need.

2017/03/27
Committee: LIBE

Proposal for a regulation
Recital 4

(4) In its Communication of 6 April 32 2016, the Commission set out its options for improving the CEAS, namely to establish a sustainable and fair system for determining the Member State responsible for asylum seekers, to reinforce the Eurodac system, to achieve greater convergence in the EU asylum system, to prevent secondary movements within the European Union and a new mandate for the European Union Agency for Asylum a(the Agency). That Communication is in line with calls by the European Council on 18- 19 February 201633 to make progress towards reforming the EU's existing framework so as to ensure a humane and efficient asylum policy. ~~It also proposes a way~~However, it completely ignores the recommendations put forward in ~~line with~~ the holistic approach to migration set out by the European Parliament in its own initiative report of 12 April 2016. _________________ 32 33COM (2016) 197 final. COM (2016) 197 final. 33 EUCO 19.02.2016, SN 1/16. EUCO 19.02.2016, SN 1/16.

2017/03/27
Committee: LIBE

Proposal for a regulation
Recital 4 a (new)

(4 a) The Geneva Convention is the cornerstone of the international legal regime for the protection of refugees.

2017/03/27
Committee: LIBE

Proposal for a regulation
Recital 5

(5) ~~For a well-functioning CEAS, including of the Dublin system~~A common Union policy on international protection should be based on a uniform status. To move towards a well-functioning CEAS based on high standards of protection, substantial progress should be made regarding ~~the~~exchange of best practices and convergence of national asylum systems with special regard to differing recognition rates and type of protection status in the Member States. ~~In addition, rules on~~ At the same time, it is important not to overburden administrat~~us review~~ively the authorities of the Member States. Accordingly, rules should be strengthened to ensure that protection is ~~only~~ granted to those who need it ~~and for so long as it continues to be needed. Moreover, divergen~~. Moreover, a harmonised duration for residence permits should be established, which should take full account of the current best practices ~~regard~~ing the ~~duration of~~ Member States and in consultation withe re~~sidence permits s~~levant stakehould ~~be avoided~~ers, and the rights granted to beneficiaries of international protection should be further clarified and harmonised. Member States should be able nevertheless to apply more favourable standards with regards to the duration of residence permits.

2017/03/27
Committee: LIBE

Proposal for a regulation
Recital 6

~~(6) A Regulation is therefore necessary to ensure a more consistent level of harmonisation throughout the Union and to provide a higher degree of legal certainty and transparency.~~deleted

2017/03/27
Committee: LIBE

Proposal for a regulation
Recital 7

(7) The main objective of this ~~Regulation~~Directive is, on the one hand, to ensure that Member States apply common criteria for the identification of persons ~~genuinely~~ in need of international protection and, on the other hand, to ensure that a common set of rights is available ~~for~~to all those persons in ~~all Member States.~~need of international protection in all Member States. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

2017/03/27
Committee: LIBE

Proposal for a regulation
Recital 8

(8) The further approximation of rules on the recognition and content of refugee and subsidiary protection status should moreover help to limit the secondary movement of applicants for international protection and beneficiaries of international protection between Member States, where such movement may have been caused by any differences in the national legal measures taken to transpose the Qualification Directive replaced by this Regulation.deleted

2017/03/27
Committee: LIBE

Proposal for a regulation
Recital 9

(9) This Regulation does not apply to other national humanitarian statuses granted by Member States under their national law to those who do not qualify for the refugee status or the subsidiary protection status. ~~These statuses, if issued, are to be issued in a way not to entail a risk of confusion with international protection.~~

2017/03/27
Committee: LIBE

Proposal for a regulation
Recital 10

(10) ~~Successful resettlement candidate~~Resettled persons should be granted international protection with a view to provide them with a durable solution. Accordingly, the provisions ~~of this Regulation~~ on the content of international protection ~~should apply, including t~~contained in the asylum acquis should apply as of the moment when r~~ules to discourage secondary movement~~esettled persons arrive on the territory of the Member States.

2017/03/27
Committee: LIBE

Proposal for a regulation
Recital 11

(11) This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union (the Charter), the European Convention on Human Rights (the ECHR) and the European Social Charter. In particular this Regulation seeks to ensure full respect for human dignity and the right to asylum of applicants for asylum and their accompanying family members and to promote the application of the Charter, the ECHR and the European Social Charter's Articles relating to human dignity, respect for private and family life, protection in the event of removal, expulsion or extradition, freedom of expression and information, right to education, freedom to choose an occupation and right to engage in work, freedom to conduct a business, right to asylum, non-discrimination, ~~rights of the child,~~the equality principle, rights of the child, the enjoyment of social rights including social security and social assistance, health care, and should therefore be implemented accordingly.

2017/03/27
Committee: LIBE

Proposal for a regulation
Recital 13

(13) The resources of the Asylum, Migration and ~~Refugee~~Integration Fund should be used to provide adequate support to Member States’' efforts in implementing the standards set by the Regulation, in particular to those Member States ~~which~~that are faced with specific and disproportionate pressure on their asylum systems, due in particular to their geographical or demographic situation. In addition, Member States should take full advantage, at all levels of governance, of the possibilities offered by funds which are not directly related to asylum and migration policy but which can be used to fund actions in that area, for example integration actions, such as those available under the European Social Fund, the Fund for European Aid to the Most Deprived, Horizon 2020, the European Regional Development Fund and the Rights, Equality and Citizenship Programme. Those funds should be made directly accessible to local and regional authorities for actions that fall directly under their responsibilities.

2017/03/27
Committee: LIBE

Proposal for a regulation
Recital 14

(14) The European Union Agency for Asylum should provide adequate support in the application of this Regulation, in particular by providing experts to assist the Member State authorities to receive, register, and examine applications for international protection, providing updated information regarding third countries, including Country of Origin Information, and other relevant guidelines and tools. When apply. When implementing this Regulation, Member States' authorities shcould take into account ~~operational standards,~~ indicative guidelines, and best practices developed by the ~~European Union Agency for Asylum [the Agency]~~Agency. When assessing applications for international protection, Member States' authorities ~~should take particular~~can take account of the information, reports, common analysis and guidance on the situation in countries of origin developed at Union level by the Agency and the European networks on country of origin information in accordance with Articles 8 and 10 of Regulation34 . In addition, when assessing applications for international protection, Member States shall take into account all relevant information from the UNHCR and from civil society organisations active on the ground. _________________ 34 COM(2016)271 final.

2017/03/27
Committee: LIBE

Proposal for a regulation
Recital 16

(16) The notion of family members should take into account family diversity and new types of family, the different particular circumstances of dependency and the special attention to be paid to the best interests of the child. It should also reflect the reality of current migratory trends, according to which applicants often arrive to the territory of the Member States after a prolonged period of time in transit. The notion should therefore include families formed both outside the country of origin~~, but before~~ and families formed after their arrival on the territory of the Member State, excluding, in all cases, forced marriages. The notion of spouse and unmarried partner should not distinguish the spouses or such partners on the basis of their gender.

2017/03/27
Committee: LIBE

Proposal for a regulation
Recital 21 a (new)

(21 a) While the burden of proof in principle rests on the applicant to substantiate his or her application, the duty to ascertain and evaluate all the relevant facts is shared between the applicant and the determining authority. Where aspects of the applicant's statements are not supported by documentary or other evidence, he or she should be given the benefit of the doubt if he or she has made a genuine effort to substantiate his or her application and has submitted all relevant elements at his or her disposal, and his or her statements are found to be coherent and plausible.

2017/03/27
Committee: LIBE

Proposal for a regulation
Recital 22

(22) In particular, it is necessary to introduce common concepts of protection needs arising sur place, sources of harm and protection, ~~internal protection~~ and persecution, including the reasons for persecution.

2017/03/27
Committee: LIBE

Proposal for a regulation
Recital 23

(23) Protection can be provided, where they are willing and able to offer protection, either by the State or by parties or organisations, including international organisations, meeting the conditions set out in this Directive, which control a region or a larger area within the territory of the Stateby States meeting the conditions set out in this Regulation. Such protection should be effective and of a non- temporary nature.

2017/03/27
Committee: LIBE

Proposal for a regulation
Recital 24

(24) Internal protection against persecution or serious harm should be effectively available to the applicant in a part of the country of origin where he or she can safely and legally travel to, gain admittance to and can reasonably be expected to settle. The assessment of whether such internal protection exists should be an inherent part of the assessment the application for international protection and should be carried out once it has been established by the determining authority that the qualification criteria would otherwise apply. The burden of demonstrating the availability of internal protection should fall on the determining authority.deleted

2017/03/27
Committee: LIBE

Proposal for a regulation
Recital 25

(25) Where the State or agents of the State are the actors of persecution or serious harm, there should be a presumption that effective protection is not available to the applicant. When the applicant is an unaccompanied minor, the availability of appropriate care and custodial arrangements, which are in the best interests of the unaccompanied minor, should form part of the assessment as to whether that protection is effectively available.deleted

2017/03/27
Committee: LIBE

Proposal for a regulation
Recital 26

(26) It is necessary, when assessing applications from minors for international protection, that the determining authorities ~~should~~ have regard to child-specific forms of persecution, trafficking and exploitation or the absence of protection against such acts of persecution.

2017/03/27
Committee: LIBE

Proposal for a regulation
Recital 27

(27) One of the conditions for qualification for refugee status within the meaning of Article 1(A) of the Geneva Convention is the existence of a causal link between the reasons for persecution, namely race, religion or belief, nationality, political opinion or membership of a particular social group or political opinion, and the acts of persecution or the absence of protection against such acts.

2017/03/27
Committee: LIBE

Proposal for a regulation
Recital 28

(28) It is equally necessary to introduce a common concept of the persecution ground ‘'membership of a particular social group’'. For the purposes of defining a particular social group, issues arising from an applicant’'s gender, including gender identity, gender expression, sex characteristics and sexual orientation, which may be related to trafficking for sexual exploitation, certain legal traditions and customs, resulting in for example genital mutilation, forced sterilisation or forced abortion, should be given due consideration in so far as they are related to the applicant’'s well-founded fear of persecution.

2017/03/27
Committee: LIBE

Proposal for a regulation
Recital 29

(29) In accordance with relevant case law of the Court of Justice of the European Union and the European Court of Human Rights, when assessing applications for international protection, the competent authorities of the Member States should use methods for the assessment of the applicant's credibility in a manner that respects the individual's rights as guaranteed by the Charter and the ECHR, in particular the right to human dignity and the respect for private and family life. Specifically as regards ~~homo~~sexual orientation and gender identity, the individual assessment of the applicant's credibility should not be based on stereotyped notions concerning ~~homo~~sexuals orientation and gender identity and the applicant should not be submitted to detailed questioning or tests as to his or her sexual practices. Moreover, the competent national authorities should not find that the statements of the applicant lack credibility on the ground that the applicant did not rely on his or her sexual orientation, gender identity, gender expression or sex characteristics when he or she first set out the details of his or her persecution.

2017/03/27
Committee: LIBE

Proposal for a regulation
Recital 31

(31) Committing a political crime is not in principle a ground justifying exclusion from refugee status. However, in accordance with relevant case law of the Court of Justice of the European Union, particularly cruel actions, where the act in question is disproportionate to the alleged political objective, and terrorist acts which are characterised by their violence towards civilian populations, even if committed with a purportedly political objective, should be regarded as non- political crimes and therefore can give rise to exclusion from refugee status.deleted

2017/03/27
Committee: LIBE

Proposal for a regulation
Recital 31 a (new)

(31 a) The recognition of subsidiary protection status is a declaratory act.

2017/03/27
Committee: LIBE

Proposal for a regulation
Recital 34

(34) For the purpose of assessing serious harm which may qualify applicants as eligible for subsidiary protection, the notion of indiscriminate violence, in accordance with relevant case law of the European Court of Justice and the European Court of Human Rights, should include violence that may extend to people irrespective of their personal circumstance. Factors to be taken into account when determining whether indiscriminate violence exists could include external aggression, occupation, foreign domination, internal conflicts, severe violation of human rights or events seriously disturbing public order in the country of origin, or in a part thereof.

2017/03/27
Committee: LIBE

Proposal for a regulation
Recital 36

(36) As regards the required proof in relation to the existence of a serious ~~and individual~~ threat to the life or person of an applicant, in accordance with relevant case law of the Court of Justice of the European Union~~36 , determining authorities should not require the applicant to adduce evidence tha~~ and the European Court of Human Rights, the required level of harm needs not hbe ~~is specifically targeted by reason of factors particular to his personal circumstances. However, t~~equivalent to torture or inhuman or degrading treatment or punishment. The level of indiscriminate violence required to substantiate the application is lower if the applicant is able to show that he is specifically affected by reason of factors particular to his personal circumstance. Moreover, the existence of a serious ~~and individual threat should exceptionally~~threat should be established by the determining authorities solely on account of the presence of the applicant on the territory or relevant part of the territory of the country of origin provided the degree of indiscriminate violence characterising the armed conflict taking place reaches such a ~~high~~ level that there are substantial grounds for believing that a civilian, returned to the country orf origin or to the relevant part of country of origin, would, solely on account of his or her presence on the territory of that country or region, face a real risk of being subject to the serious threat. ~~_________________ 36 C-465/07.~~

2017/03/27
Committee: LIBE

Proposal for a regulation
Recital 36 a (new)

(36 a) A person in need of protection because he or she is unable to return to his or her country of origin due to a natural or man-made disaster should also be eligible to qualify for protection under this Regulation.

2017/03/27
Committee: LIBE

Proposal for a regulation
Recital 36 b (new)

(36 b) Natural or man-made disasters shall include: effects of climate change, land grabbing, water grabbing, desertification of the habitat, forced villagization as well as environmental disasters and pollution caused by war.

2017/03/27
Committee: LIBE

Proposal for a regulation
Recital 37

(37) The residence permit and the travel documents issued to beneficiaries of international protection ~~for the first time or renewed~~ following the entry into force of this Regulation should comply with the rules laid down by Regulation (EC) No 1030/2002 and Council Regulation (EC) No 2252/2004 respectively.

2017/03/27
Committee: LIBE

Proposal for a regulation
Recital 39

(39) With a view to ascertaining whether beneficiaries of international protection are still in need of that protection, determining authorities should review the granted status when the residence permit has to be renewed, for the first time in the case of refugees, and for the first and second time in the case of beneficiaries of subsidiary protection, as well as when a significant relevant change in the beneficiaries' country of origin occurs as indicated by common analysis and guidance on the situation in the country of origin provided at Union level by the Agency and the European networks on country of origin information in accordance with Articles 8 and 10 of Regulation37 . _________________ 37 COM(2016)271 final.deleted

2017/03/27
Committee: LIBE

Proposal for a regulation
Recital 41

(41) When the ~~refugee~~ status orf the ~~subsidiary~~beneficiary of international protection ~~status~~ ceases to exist, the application of the decision by which the determining authority of a Member State ~~revokes, ends or does not renew~~withdraws the status should be deferred for a reasonable period of time after adoption, in order to give the third-country national or stateless person concerned the possibility to apply for residence ~~on the basis of other grounds than those having justified the granting of international protection, such as family reasons, or reasons related to employment or to education~~, in accordance with relevant Union and national law.

2017/03/27
Committee: LIBE

Proposal for a regulation
Recital 42

(42) Beneficiaries of international protection should reside in the Member State which granted them protection. Those beneficiaries who are in possession of a valid travel document and a residence permit issued by a Member State applying the Schengen acquis in full, should be allowed to enter into and move freely within the territory of the Member States applying the Schengen acquis in full, for a period up to 90 days in any 180-day period in accordance with Schengen Borders Code38 and with Article 21 of the Convention implementing the Schengen Agreement39 . Beneficiaries of international protection can equally apply to reside in a Member State other than the Member State which granted protection, in accordance with relevant EU rules, notably on the conditions of entry and residence of third-country nationals for the purposes of highly skilled employment40 and national rules; however, this does not imply any transfer of the international protection and related rights. _________________ 38Regulation 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders. 39Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders. 40 COM (2016) 378 final.deleted

2017/03/27
Committee: LIBE

Proposal for a regulation
Recital 43

(43) In order to prevent secondary movements within the European Union, beneficiaries of international protection, if found in a Member State other than the Member State having granted them protection without fulfilling the conditions of stay or reside, should be taken back by the Member State responsible in accordance with the procedure laid down by Regulation41 _________________ 41(EU)No [xxx/xxxx New Dublin Regulation].deleted

2017/03/27
Committee: LIBE

Proposal for a regulation
Recital 44

(44) In order to discourage secondary movements within the European Union, the Long Term Residence Directive 2003/109/EC should be amended to provide that the 5-year period after which beneficiaries of international protection are eligible for the Long Term Resident status should be restarted each time the person 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 Union or national law.deleted

2017/03/27
Committee: LIBE

Proposal for a regulation
Recital 45

(45) The notion of national security and public order may also covers cases in which a third-country national belongs to an association which supports international ~~terrorism or supports such an association~~terrorism. However, the mere fact that the person concerned was a member of such an organisation cannot automatically mean that that person must be excluded from refugee status: it must be possible to attribute to the person concerned a share of the responsibility for the acts committed by the organisation in question while that person was a member. To that end, the competent authority must, inter alia, assess the true role played by the person concerned in the perpetration of the acts in question; his or her position within the organisation; the extent of the knowledge he or she had, or was deemed to have, of its activities; any pressure to which he was exposed; or other factors likely to have influenced his or her conduct. That individual responsibility must be assessed in the light of both objective and subjective criteria, shall be based on documented evidence and the decision should be legitimate and the refusal proportionate to the purported goal. Applicants should be informed of the reasons of the refusal, which shall not be based on suspicions. Applicants shall have access to effective judicial remedies.

2017/03/27
Committee: LIBE

Proposal for a regulation
Recital 47

~~(47) Within the limits set out by international obligations, the granting of benefits with regard to access to employment and social security requires the prior issuing of a residence permit.~~deleted

2017/03/27
Committee: LIBE

Proposal for a regulation
Recital 48

(48) Competent authorities may restrict the access to employed or self-employed activities as regard posts which involve the exercise of public authority, and responsibility for safeguarding the general interest of the State or other public authorities. In the context of exercising their right equal treatment as regards membership of an organisation representing workers or engaging in a specific occupation, beneficiaries of international protection may likewise be excluded from taking part in the management of bodies governed by public law and from holding an office governed by public lawdeleted

2017/03/27
Committee: LIBE

Proposal for a regulation
Recital 49

(49) In order to enhance the effective exercise of the rights and benefits laid down in this Regulation by beneficiaries of international protection, it is necessary to take into account their specific needs and the particular integration challenges with which they are confronted, and facilitate their access to integration related rights in particular as regards employment-related educational opportunities and vocational training and access to recognition procedures for foreign diplomas, certificates and other evidence of formal qualifications in particular due to the lack of documentary evidence and their inability to meet the costs related to the recognition procedures. As implied by the Reception Directive, by restricting recipients of international protection to work, governments deprive communities of motivated workers, make asylum seekers/refugees vulnerable to exploitation as cheap labour and make the integration process more difficult in the long run. Moreover, the costs associated with hosting asylum seekers are lower when they are authorized to hold remunerated employment. In that context, early labour integration would be the best solution

2017/03/27
Committee: LIBE

Proposal for a regulation
Recital 49 a (new)

(49 a) Beneficiaries of international protection can arrive with certain disadvantages. In its report entitled "The labour market integration of resettled refugees", the UNHCR states that resettled refugees either fall into separate labour market (with low skills requirements) or face extra barriers entering the employment. Therefore, structured programmes should be designed with different practices in order to grant equal access to the labour market to this target group

2017/03/27
Committee: LIBE

Proposal for a regulation
Recital 49 b (new)

(49 b) Special measures need to be considered with a view to effectively addressing the practical difficulties encountered by beneficiaries of international protection concerning the authentication of their foreign diplomas, certificates or other evidence of formal qualifications, in particular due to the lack of documentary evidence and their inability to meet the costs related to the recognition procedures.

2017/03/27
Committee: LIBE

Proposal for a regulation
Recital 49 c (new)

(49 c) In light of the fact that integration is a two-way process, respect for the values upon which the Union is founded and respect for the fundamental rights of the beneficiaries of international protection should be an integral part of the integration process. Integration should avoid isolation, promote inclusion and the participation of all actors involved is crucial for its success. Member States, acting at national, regional and local level, should offer beneficiaries of international protection support and opportunities to integrate and build a life in their new society, which should include accommodation, literacy and language courses, inter-cultural dialogue, education and professional training, as well as effective access to democratic structures in society.

2017/03/27
Committee: LIBE

Proposal for a regulation
Recital 51

(51) In addition, especially to avoid social hardship, it is appropriate to provide beneficiaries of international protection with social assistance without discrimination. However, as regards beneficiaries of subsidiary protection, Member States should be given some flexibility, to limit such rights to core benefits, which is to be understood as covering at least minimum income support, assistance in the case of illness, or pregnancy, and parental assistance, in so far as those benefits are granted to nationals under national law. In order to facilitate their integration, Member States should be given the possibility to make the access to certain type of social assistances specified in national law, for both refugees and beneficiaries of subsidiary protection, conditional on the effective participation of the beneficiary of international protection in integration measures.

2017/03/27
Committee: LIBE

Proposal for a regulation
Recital 51 a (new)

(51 a) The specific needs and particularities of the situation of beneficiaries of international protection status should be taken into account, as far as possible, in the integration programmes provided to them including, where appropriate, language training and the provision of information concerning individual rights and obligations relating to their protection status in the Member State concerned.

2017/03/27
Committee: LIBE

Proposal for a regulation
Recital 52 a (new)

(52 a) Beneficiaries of international protection should enjoy access to goods and services and the supply of goods and services made available to the public, including information and counselling services provided by employment offices.

2017/03/27
Committee: LIBE

Proposal for a regulation
Recital 53

(53) In order to facilitate the integration of beneficiaries of international protection into society, beneficiaries of international protection shall have access to integration measures, ~~modalities to be set by the Member States. Member States may make the participation in such integration measures,~~ such as language courses, civic integration courses, vocational training and other employment-related courses ~~compulsory~~which shall be easily accessible, available, free of charge and childcare is to be provided.

2017/03/27
Committee: LIBE

Proposal for a regulation
Recital 54

(54) The ~~effective monitoring of the app~~application of this Regulation should be evaluated at regular intervals, taking into consideration in particular the evolution of the international oblicgations of ~~thi~~Member States Rreg~~ulati~~arding non- re~~quires that it be evaluated at regular intervals~~foulement, the evolution of the labour markets in the Member States as well as the development of common basic principles for integration.

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 2 – paragraph 1 – point 9 – introductory part

(9) ‘'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 applicant or beneficiary of international protection who are present ion the ~~same Member State in relation to the application for international protection~~territory of the Member States:

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 2 – paragraph 1 – point 9 – point a

(a) 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 in a way comparable to married couples under its law relating to third-country nationals;~~,

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 2 – paragraph 1 – point 9 – point b

(b) the ~~minor~~ children of the couples referred to in point (a) or of the applicant or beneficiary of international protection, ~~on condition that they are unmarried and~~ regardless of whether they were born in or out of wedlock or adopted as defined under national law;, and the children for whom they bear legal or customary primary responsibility,

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 2 – paragraph 1 – point 9 – point c

(c) the father, mother, or another adult responsible for the applicant or beneficiary of international protection whether by law or by the practice of the ~~Member State concerned, when that beneficiary is a minor and unmarri~~country of origin or of the Member State concerned;.

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 2 – paragraph 1 – point 9 – point c a (new)

(c a) the sibling or siblings of the applicant or beneficiary of international protection;

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 2 – paragraph 1 – point 9 – point c b (new)

(c b) the direct relatives in the ascending line of the applicant or beneficiary of international protection

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 2 – paragraph 1 – point 9 – point c c (new)

(c c) 'sponsor' means a national of a Member State, or a third country national authorized by a Member State to stay in its territory as holder of any residence permit issued under Union or national law of that Member State for a period of one year or longer

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 2 – paragraph 1 – point 10 a (new)

(10 a) "child" is a third-country national or stateless person who is below the age of 18 years at the time his/her application for international protection is submitted.

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 2 – paragraph 1 – point 19

(19) 'guardian' means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor in procedures provided for in this Regulation with a view to ~~ensur~~safeguarding the best interests of the child and his or her well-being and exercising legal capacity for the minor where necessary.

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 3 – paragraph 2

2. This Regulation does not apply to other national humanitarian statuses issued by Member States under their national law to those who do not qualify for refugee status or subsidiary protection status. ~~These statuses, if issued, shall be issued in such a way as not to entail a risk of confusion with international protection.~~

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 4 – paragraph 1

1. The applicant shall submit all the elements available to him or her which substantiate the application for international protection. He or she shall cooperate with the determining authority and shall remain present and available throughout the procedureIn cooperation with the applicant, it is the duty of the Member State to assess the relevant elements of the application.

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 4 – paragraph 3

3. TIn cooperation with the applicant, the determining authority shall assess the relevant elements of the application for international protection in accordance with Article 33 of Regulation (EU)XXX/XXX [Procedures regulation.] and acquire all information necessary to thoroughly assess the international protection application

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 4 – paragraph 4

4. The fact that an applicant has already been subject to persecution or serious harm, or to direct threats of such persecution or such harm, shall be considered a serious indication of the applicant’'s well-founded fear of persecution or real risk of suffering serious harm~~, unless there are good reasons to consider that such persecution or serious harm will not be repeated~~.

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 4 – paragraph 5 – introductory part

5. Where aspects of the applicant’'s statements are not supported by documentary or other evidence, no additional evidence shall be required in respect of those aspects and the applicant shall be given the benefit of the doubt where the following conditions are met:

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 4 – paragraph 5 – point b

(b) 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;~~

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 4 – paragraph 5 – point d

~~(d) the applicant has applied for international protection at the earliest possible time, unless the applicant can demonstrate good reason for not having done so;~~deleted

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 4 – paragraph 5 – point e

~~(e) the general credibility of the applicant has been establish~~deleted.

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 5 – paragraph 3

3. Without prejudice to the Geneva Convention and the European Convention on Human Rights, an applicant who files a subsequent application in accordance with Article 42 of Regulation (EU)XXX/XXX [Procedures regulation] shall not normally be granted refugee status or subsidiary protection status if the risk of persecution or the serious harm is based on circumstances which the applicant has created by his or her own decision since leaving the country of origin.deleted

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 6 – paragraph 1 – introductory part

Actors of persecution or serious harm ~~can only be~~are, in particular:

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 7 – paragraph 1 – introductory part

1. Protection against persecution or serious harm can only be provided by ~~the following actors~~ :

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 7 – paragraph 1 – point b

(b) parties or organisations, including international organisations, controlling the State or a substantial part of the territory of the State provided they are willing and able to offer protection in accordance with paragraph 2.deleted

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 7 – paragraph 1 – point b – paragraph 1

~~parties or organisations, including international organisations, controlling the State or a substantial part of the territory of the State~~deleted

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 7 – paragraph 1 – point b – paragraph 2

~~provided~~as long as they are willing and able to ~~offer~~provide protection in accordance with paragraph 2.

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 7 – paragraph 2

2. Protection against persecution or serious harm shall be effective and of a non-temporary nature. That protection shall be considered to be provided when the actors referred to in paragraph 1 take reasonable steps to prevent the persecution or suffering of serious harm, among others, by operating an effective legal system for the detection, prosecution and punishment of acts constituting persecution or serious harm, and when the applicant has access to that protection.

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 7 – paragraph 3

3. ~~When assessing whether an international organisation~~ Determining authorities shall make sure to obtain and take into accountrols a State or a substantial part of its territory and provides protection as referred to in paragraph 2, determining authorities shall base themselves on any guidance provided in relevant Union law, in particular available Union level precise and up-to-date information and guidance on the situation in the country of origin from all relevant national, Union and international sources, including the European Union Agency for Asylum, UNHCR human rights experts and NGOs. The determining authorities may decide to give specific attention to information on countryies of origin ~~information and~~at Union level, the common analysis of the situation in specific countryies of origin ~~information~~and the guidance notes referred to in Articles 8 and 10 of Regulation (EU) No XXX/XX [ Regulation on the European Union Agency for Asylum ].

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 8

~~[...]~~deleted

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 9 – paragraph 2 – point a

(a) acts of physical or mental violence, including acts of sexual violence and/or trafficking for sexual exploitation;

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 9 – paragraph 2 – point e a (new)

(ea) discriminatory or disproportionate judicial prosecution or punishment leading to severe violations of fundamental human rights for refusal to perform military service for moral, religious, political reasons or due to belonging to a particular ethnicity or citizenship;

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 9 – paragraph 2 – point f

(f) acts of a gender-specific or child- specific nature, such as under-age recruitment, genital mutilation, forced marriage, child trafficking and child labour, domestic violence, trafficking for sexual exploitation, violations of economic, social and cultural rights.

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 10 – paragraph 1 – point d – indent 1

– members share an innate characteristic, or a common background that cannot be changed, or share a characteristic or belief that is so fundamental to identity or conscience that a person should not be forced to renounce it, ~~and~~or

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 10 – paragraph 1 – point d – indent 2 – paragraph 2

depending on the circumstances in the country of origin, the concept ~~might~~shall include a group based on a common characteristic of sexual orientation ~~(a term which cannot be understood to include acts considered to be criminal in accordance with national law of the Member States); gender related aspects, including gender identity,~~and gender related aspects and/or having undergone or risking sexual trafficking for sexual exploitation, including gender identity, gender expression and sex characteristics. Those aspects shall be given due consideration for the purposes of determining membership of a particular social group or identifying a characteristic of such a group;

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 10 – paragraph 3

3. When assessing if an applicant has a well-founded fear of being persecuted, the determining authority cannot reasonably expect an applicant to behave discreetly or abstain from certain practices, where such behaviour or practices are inherent to his or her identity or conscience, to avoid the risk of persecution in his or her country of origin.

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 11

1. A third-country national or a stateless person shall cease to be a refugee where one or more of the following apply: (a) the person has voluntarily re-availed himself or herself of the protection of the country of nationality; (b) having lost his or her nationality, the person has voluntarily re-acquired it; (c) the person has acquired a new nationality, and enjoys the protection of the country of his or her new nationality; (d) the 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 fear of persecution; (e) the person 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; (f) being a stateless person, the 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) 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. 2. When points (e) and (f) of paragraph 1 apply, the determining authority (a) shall have regard to whether the change of circumstances is of such a significant and non-temporary nature that the refugee’s fear of persecution can no longer be regarded as well-founded; (b) shall base itself on precise and up-to- date information obtained from all relevant sources, including Union level country of origin information and common analysis of country of origin information referred to in Articles 8 and 10 of the Regulation (EU) No XXX/XX [Regulation on the European Union Agency for Asylum] or information and guidance issued by the United Nations High Commissioner for Refugee.Article 11 deleted Cessation

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 12 – paragraph 1 – introductory part

1. A third-country national or a stateless person shall be excluded from ~~being a refugee~~the scope of this Regulation if:

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 12 – paragraph 1 – point b a (new)

(ba) In the case of Palestinians who fall within the scope of article 12(1) they shall be included in the scope of this Regulation especially if: • following Article 1D of the Geneva Convention, they have not actually availed themselves of the assistance provided by UNRWA, • UNRWA as an agency is terminated or its activities discontinued or for any objective reason outside the control of the person concerned such that the person is unable to ( re- )avail himself or herself of the protection or assistance of UNRWA; • a person, after actually having availed himself of such protection or assistance, ceases to receive it for a reason beyond his control and independent of his volition.

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 12 – paragraph 3

~~3. Paragraph 2 shall apply to persons who incite or otherwise participate in the commission of the crimes or acts mentioned therein.~~deleted

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 12 – paragraph 3 a (new)

3a. The exclusion clauses referred to in paragraph 2 shall not apply to minors.

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 12 – paragraph 3 b (new)

3b. Member States may apply point (c) of paragraph 2 only after undertaking, for each individual case, an assessment of the specific facts brought to its attention with a view to determining whether there are serious reasons for considering that the acts committed by the person in question, who otherwise satisfies the qualifying conditions for refugee status, fall within the scope of that particular exclusion.

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 12 – paragraph 5

5. For the purposes of points (b) and (c) of paragraph 2, the following acts shall be classified as serious non-political crimes: (a) particularly cruel actions when the act in question is disproportionate to the alleged political objective, (b) terrorist acts, which are characterised by their violence towards civilian populations, even if committed with a purportedly political objective.deleted

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 12 – paragraph 6

6. The exclusion of a person from refugee status shall depend exclusively on whether the conditions set out in paragraphs (1) to (5) are met and shall not be subject to any additional proportionality assessment in relation to the particular case.deleted

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 14 – title

~~Revocation of, ending of or refusal to renew refugee status~~Withdrawal of refugee status (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout)

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 14 – paragraph 1 – point c

(c) ~~his or her misrepresentation or omission of facts, including the use of false documents, was decisive for the granting of refugee status;~~deleted

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 14 – paragraph 1 – point d

~~(d) there are reasonable grounds for regarding him or her as a danger to the security of the Member State in which he or she is present;~~deleted

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 14 – paragraph 1 – point e

~~(e) he or she, having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community of the Member State in which he or she is present;~~deleted

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 14 – paragraph 1 – point f

~~(f) Article 23(2) is appli~~deleted.

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 14 – paragraph 2

~~2. In situations referred to in points (d) to (f) of paragraph 1, the determining authority may decide not to grant status to a refugee, where such a decision has not yet been taken.~~deleted

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 14 – paragraph 3

3. Persons to whom points (d) to (f) of paragraph 1 or paragraph 2 apply shall be entitled to rights set out in or similar to those set out in Articles 3, 4, 16, 22, 31, 32 and 33 of the Geneva Convention in so far as they are present in the Member State.deleted

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 14 – paragraph 4

4. ~~Without prejudice to the duty of the refugee in accordance with Article 4(1) to disclose all relevant facts and provide all relevant documentation at his or her disposal, t~~The determining authority which has granted refugee status shall, on an individual basis, demonstrate that the person concerned has ceased to be or has never been a refugee for the reasons set out in paragraph 1 of this Article.

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 14 – paragraph 5

5. Decisions of the determining authority ~~revoking, ending or refusing to renew~~withdrawing refugee status pursuant to point (a) of paragraph 1 shall only take effect ~~thre~~nine months after the decision is adopted, in order to provide the third-country national or stateless person with the opportunity to apply for residence in the Member State on other grounds in accordance with relevant Union and national law.

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 15

In order to apply Article 14(1), the determining authority shall review the refugee status in particular: (a) where Union level country of origin information and common analysis of country of origin information as referred in Articles 8 and 10 of Regulation (EU) No XXX/XX [Regulation on the European Union Agency for Asylum] indicate a significant change in the country of origin which is relevant for the protection needs of the applicant; (b) when renewing, for the first time, the residence permit issued to a refugee.Article 15 deleted Review of refugee status

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 16 – paragraph 1 – point c

(c) 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. Serious threats should include group based threats such as internal or international armed conflict or other situations of violence and of systematic human rights violations, military occupation including civil unrest, widespread insecurity or events seriously disturbing public order; or

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 16 – paragraph 1 – point c a (new)

(ca) a serious threat to a civilian’s life or person due to a natural or man-made disaster. Natural or man-made disasters shall include: effects of climate change, land grabbing, water grabbing, desertification of the habitat, forced villagization as well as environmental disasters and pollution caused by war.

2017/03/27
Committee: LIBE

1. A third-country national or a stateless person shall cease to be eligible for subsidiary protection when 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. 2. The determining authority: (a) shall have regard whether the change in circumstances is of such a significant and non-temporary nature that the person eligible for subsidiary protection no longer faces a real risk of serious harm; (b) shall base itself on precise and up-to- date information obtained from all relevant sources, including Union level country of origin information and the common analysis on country of origin information as referred in Articles 8 and 10 of the Regulation (EU) No XXX/XX [Regulation on the European Union Agency for Asylum] or information and guidance issued by the United Nations High Commissioner for Refugee. 3. Paragraph 1 shall not apply to a beneficiary of subsidiary protection status who is able to invoke compelling reasons arising out of previous serious harm 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.Article 17 deleted Cessation

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 18 – paragraph 1 – point b

(b) he or she has committed a serious ~~crime;~~non-political crime outside the country of refuge prior to his or her admission as a beneficiary of subsidiary protection.

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 18 – paragraph 1 – point d

~~(d) he or she constitutes a danger to the community or to the security of the Member State in which he or she is present;~~deleted

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 18 – paragraph 1 – point e

(e) he or she, prior to his or her admission to the Member State concerned, has committed one or more crimes outside the scope of points (a), (b) and (c) which would be punishable by imprisonment if they been committed in the Member State concerned, and if he or she left his or her country of origin solely in order to avoid sanctions resulting from those crimes.deleted

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 18 – paragraph 2

~~2. Points (a) to (d) of paragraph 1 shall apply to persons who incite or otherwise participate in the commission of the crimes or acts mentioned therein.~~deleted

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 20 – title

~~Revocation of, ending of or refusal to renew~~Withdrawal of subsidiary protection status

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 20 – paragraph 1 – point c

~~(c) his or her misrepresentation or omission of facts, including the use of false documents, was decisive for the granting of subsidiary protection status;~~deleted

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 20 – paragraph 1 – point d

~~(d) Article 23(2) is appli~~deleted.

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 20 – paragraph 2

2. ~~Without prejudice to the duty of the third-country national or stateless person pursuant to Article 4(1) to disclose all relevant facts and provide all relevant documentation at his or her disposal, t~~The Member State which has granted the subsidiary protection status shall, on an individual basis, demonstrate that the person concerned has ceased to be or is not eligible for subsidiary protection in accordance with paragraph 1 of this Article.

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 20 – paragraph 3

3. Decisions of the determining authority ~~revoking, ending or refusing to renew~~withdrawing subsidiary protection status pursuant to paragraph 1 (a) shall only take effect ~~thre~~nine months after the decision is taken, in order to provide the third-country national or stateless person with the opportunity to apply for residence in the Member State on other grounds in accordance with relevant Union and national law.

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 21

Review of the subsidiary protection status In order to apply Article 20(1), the determining authority shall review the subsidiary protection status in particular (a) where Union level country of origin information and common analysis of country of origin information as referred in Articles 8 and 10 of Regulation (EU) No XXX/XX [Regulation on the European Union Agency for Asylum ] indicate a significant change in the country of origin which is relevant for the protection needs of the applicant, (b) when renewing, for the first and second time, the residence permit issued to a beneficiary of subsidiary protection.Article 21 deleted

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 22 – paragraph 1

1. ~~Refugees and persons who have been granted subsidiary protection status shall have the rights and obligations laid down in this Chapter. This Chapter shall be without prejudice to~~Without prejudice to the rights and obligations laid down in the Geneva Convention, beneficiaries of international protection shall have the rights and obligations laid down in th~~e Geneva Convention~~is Chapter.

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 22 – paragraph 3

~~3. Within the limits set by international obligations, granting of benefits with regard to access to employment, social security shall require the prior issuing of a residence permit.~~deleted

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 22 – paragraph 4

4. When applying the provisions of this Chapter, the specific situation of persons with special needs such as minors, unaccompanied minors, disabled people, elderly people, pregnant women, single parents with minor children, victims of human trafficking, persons with mental disorders and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence shall be taken into account ~~provided an individual evaluation of their situation establishes that they have special needs.~~

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 22 – paragraph 5

5. When applying th~~e provisions of this Chapter that involve minors~~is Regulation, the best interests of the child shall be a primary consideration tofor the ~~relevant authoriti~~Member States.

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 23 – paragraph 2

2. Where not prohibited by the international obligations referred to in paragraph 1, refugee or a beneficiary of subsidiary protection may be refouled, whether formally recognised or not, when: (a) there are reasonable grounds for considering him or her as a danger to the security of the Member State in which he or she is present; (b) he or she, having been convicted by a final judgment of a particularly serious crime constitutes a danger to the community of that Member State. In those cases the refugee status or the subsidiary protection status shall also be withdrawn in accordance with Article 14 or Article 20 respectively.deleted

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 24 – paragraph 1

The 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 that has been granted. That information shall be provided in a language that the beneficiary can understand ~~or is reasonably supposed to understand and shall make explicit references to the consequences of not complying with the obligations outlined in Article 28 on movement within the Union~~.

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 25 – paragraph 2

2. A residence permit issued pursuant to paragraph 1 shall have the duration of the residence permit issued to the beneficiary of international protection and shall be renewable. The period of validity of the residence permit granted to the family member shall in principle not extend beyond the date of expiry of the residence permit held by the beneficiary of international protection.deleted

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 25 – paragraph 3

~~3. No residence permit shall be issued for a family member where that family member is or would be excluded from international protection pursuant to Chapters III and V.~~deleted

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 25 – paragraph 4

4. Where reasons of national security or public order so require, a residence permit shall not be issued for a family member and such residence permits which have already been issued shall be withdrawn or shall not be renewed.deleted

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 25 – paragraph 5

~~5. Family members who are issued a residence permit pursuant to paragraph 1 shall be entitled to the rights referred to in Articles 27 to 39.~~deleted

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 25 – paragraph 6

6. ~~Member States may decide that t~~This aArticle ~~also~~shall appl~~ies~~y to other close relatives who lived together as part of the family at the time of leaving the country of origin or before the applicant arrived on the territory of the Member States~~, and who were wholly or mainly dependent on the beneficiary of international protection at the time~~.

2017/03/27
Committee: LIBE

Barbara SPINELLI, Malin BJÖRK, Cornelia ERNST

Proposal for a regulation
Article 26 – paragraph 1 – introductory part

1. NAs soon as possible, and in any event no later than 3015 days after international protection has been granted, a residence permit shall be issued using the uniform format as laid down in Regulation (EC) No 1030/2002.

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 26 – paragraph 1 – point a

(a) ~~For beneficiaries of refugee status, the residence permit~~The residence permit for beneficiaries of international protection shall have a period of validity of ~~thre~~at least five years and be renewable thereafter for periods of ~~thre~~five years.

2017/03/27
Committee: LIBE

Barbara SPINELLI, Malin BJÖRK, Cornelia ERNST

Proposal for a regulation
Article 26 – paragraph 1 – point a a (new)

(aa) Member States may issue residence permits of permanent or unlimited validity on terms that are more favourable than those laid down by this Regulation, following Article 13 of Council Directive 2003/109/EC.

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 26 – paragraph 1 – point b

~~(b) For beneficiaries of subsidiary protection status, the residence permit shall have a period of validity of one year and be renewable thereafter for periods of two years.~~deleted

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 26 – paragraph 2 – point a

(a) where competent authorities revoke, end or refuse to renew the refugee status of a third-country national in accordance with Article 14 and the subsidiary protection status in accordance with Article 20;deleted

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 26 – paragraph 2 – point b

~~(b) where Article 23(2) is appli~~deleted;

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 26 – paragraph 2 a (new)

2a. Even without his or her residence permit, the person concerned remains a beneficiary of international protection and as such remains entitled to the benefits guaranteed by Chapter VII [Content of International Protection ] to every international protection beneficiary, including protection from refoulement, maintenance of family unity, the right to travel documents, access to employment, education, social welfare, healthcare and accommodation, freedom of movement within the Member State and access to integration facilities

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 26 – paragraph 3

~~3. When applying Article 14(5) and 20(3), the residence permit shall only be revoked after the expiry of the three month period referred to in those provisions.~~deleted

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 27 – paragraph 1

1. Competent authorities shall issue travel documents to beneficiaries of refugee status, in the form set out in the Schedule to the Geneva Convention and with the minimum security features and biometrics outlined in Council Regulation (EC) No 2252/200445 . Those travel documents shall be valid for at least onfive years. _________________ 45 Council Regulation (EC) No 2252/2004 of 13 December 2004 on standards for in passports and travel documents issued by Member States (OJ L 385, 29.12.2004, p. 1)

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 27 – paragraph 2

2. Competent authorities shall issue travel documents with the minimum security features and biometrics outlined in Regulation (EC) No 2252/2004 to beneficiaries of subsidiary protection status who are unable to obtain a national passport. Those documents shall be valid for at least onfive years.

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 27 – paragraph 3

~~3. The documents referred to in paragraphs 1 and 2 shall not be issued where compelling reasons of national security or public order so require.~~deleted

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 27 – paragraph 3 a (new)

3a. Directive 2003/86/EC shall apply to the family members of persons with subsidiary protection, on the same basis as that Directive applies to the family members of refugees

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 28 – paragraph 1

1. Beneficiaries of international protection shall enjoy freedom of movement within the territory of the Member State that granted 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 their territories ~~who are in a comparable situation.~~

2017/03/27
Committee: LIBE

Barbara SPINELLI, Jean LAMBERT, Cornelia ERNST

Proposal for a regulation
Article 28 – paragraph 2

2. Within the limits set by international obligations, residence conditions may be imposed on a beneficiary of international protection who receives certain specific social security or social assistance benefits only where those residence conditions are necessary to facilitate the integration of the beneficiary in the Member State that has granted that protection.deleted

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 29 – paragraph 1

1. Beneficiaries of international protection shall not have the right to reside in Member States other than the one which granted protection. This is without prejudice to their right to apply and be admitted to reside in other Member States pursuant to relevant provisions of Union and national law and their right to move freely in accordance with the conditions of Article 21 of the Convention Implementing the Schengen Agreement.deleted

2017/03/27
Committee: LIBE

Barbara SPINELLI, Jean LAMBERT, Cornelia ERNST

Proposal for a regulation
Article 29 – paragraph 2

2. Where a beneficiary is found in a Member State other the one that him or her granted protection without a right stay or the right to reside there in accordance with relevant Union or national law, he will be subject to a take back procedure as defined under Article 20(1)(e) of the Dublin Regulation (EU) no. xxx/xxx.deleted

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 30 – paragraph 3

3. Competent authorities, ~~where necessary~~ shall facilitate the full access to the activities referred to in paragraph (2)(c) and (d).

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 31 – paragraph 2

2. Adults granted international protection shall have access to the general education system, further training or retraining, under the same conditions as third-country nationals legally resident in that Member State ~~who are in a comparable situation.~~

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 2

~~Access to certain social assistance specified in national law may be made conditional on the effective participation of the beneficiary of international protection in integration measures.~~deleted

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 34 – paragraph 2

~~2. For beneficiaries of subsidiary protection status Member States may limit social assistance to core benefits.~~deleted

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 35 – paragraph 2

2. Beneficiaries of international protection who have special needs, such as pregnant women, disabled people, persons who have undergone torture, rape or other serious forms of psychological, physical or sexual violence or minors who have been victims of any form of abuse, neglect, exploitation, torture, cruel, inhuman and degrading treatment or who have suffered from armed conflict shall be provided adequate healthcare, including treatment of mental disorders when needed, under the same eligibility conditions as nationals of the Member State that has granted protection. Former international protection applicants in need of special procedural needs who were receiving medical assistance under Art 19 (2) of the [Recast Procedures Regulation] shall continue receiving treatment after the recognition of their status, for as long as needed.

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 35 – paragraph 2 a (new)

2a. Access to healthcare under the same eligibility conditions as nationals of the Member State shall be provided also for international protection seekers in case their application for international protection is refused. In case there is a risk that that person’s health will deteriorate if returned to his or her country of origin or that the person will risk death because of being deprived of healthcare, Member State shall not return that person and offer him or her assistance and healthcare according to the right to life and the prohibition of torture and inhuman or degrading treatment or punishment stated by articles 2 and 3 of Charter of fundamental rights of the European Union.

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 1

As soon as possible a~~fter international protection is granted and within five working days at the latest~~nd within five days at the latest from the date of application for international protection, as outlined in Article 22(1) of Regulation EU no xxx/xxx[Procedures regulation], competent authorities shall take the necessary measures to ensure the representation of unaccompanied minors by a legal guardian or, where necessary, by an organisation responsible for the care and well-being of minors, or by any other appropriate representation including that based on legislation or court order. Where an organisation is appointed as guardian, it shall as soon as possible designate a person responsible for carrying out the duties of guardian in respect of the unaccompanied minor, in accordance with this Regulation.

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 36 – paragraph 5

5. If an unaccompanied minor is granted international protection and the tracing of his or her family members has not already started, competent authorities shall start tracing them as soon as possible afteTracing of family members of unaccompanied minors shall start as soon as he or tshe ~~granting of international protection, whilst protecting the minor’s best interests. If tracing has already started, it shall be continued where appropriate~~registers his or her request for international protection. In cases where there may be a threat to the life or integrity of the minor or his or her close relatives, particularly if they have remained in the country of origin, care must 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.

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 37 – paragraph 1

1. Beneficiaries of international protection shall have access to accommodation under conditions equivalent to those applicable to other third-country nationals legally resident in the territories of the Member States ~~who are in a comparable situation~~.

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 37 – paragraph 2

2. National dispersal practices of beneficiaries of international protection shall be carried out ~~to the extent possible~~ without discrimination of beneficiaries of international protection and shall ensure equal opportunities regarding access to accommodation.

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 38 – paragraph 1

1. In order to facilitate the integration of beneficiaries of international protection into society, beneficiaries of international protection shall have access to integration measures provided by the Member States, in particular ~~language courses,~~ civic orientation and integration programs and vocational training, which shall be free of charge, easily accessible, childcare shall be provided and these measures shall take into account their specific needs.

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 38 – paragraph 1 a (new)

1a. Member States shall provide beneficiaries of international protection with effective access to language courses, which shall be free of charge, from the date on which they are granted international protection.

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 38 – paragraph 2

2. Member States ~~may~~shall make ~~participation in~~integration measures easily accessible, free of charge and take account of the specific needs of the beneficiary of integrnation ~~measures compulsory~~al protection in question.

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 44 – paragraph 1

1. In Article 4 of Directive 2003/109/EU, the following paragraph 3 a 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 Union or national law, the period of legal stay preceding such a situation shall not be taken into account in the calculation of the period referred to in paragraph 1.’deleted

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 44 – paragraph 1 a (new)

Directive 2003/109/EC
Article 4 §2, third subparagraph

1a. -1. In Article 4 of Directive 2003/109/EC, the third subparagraph of paragraph 2 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 26 of Regulation (EU) ..../... [Qualifications Regulation], shall be taken into account in the calculation of the period referred to in paragraph 1”.

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 44 – paragraph 1 b (new)

Directive 2003/109/EU
Article 4 §1(a)

1b. In Article 4 of Directive 2003/109/EU, paragraph 1a is amended as follows: 1. Member States shall grant long-term resident status to third-country nationals who have resided legally and continuously within their territory for five years immediately prior to the submission of the relevant application. 1(a). By way of derogation from paragraph 1, Member States shall grant long-term resident status to beneficiaries of international protection who have resided legally and continuously within their territory for two years immediately prior to the submission of the relevant application.

2017/03/27
Committee: LIBE

Proposal for a regulation
Article 44 – paragraph 2

2003/109/EU
Article 26a

2. The following Article 26a is inserted: ‘Article 26a Transposition of Article 4(3a) The Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 4(3a) of this Directive by [six months after the entry into force of this Regulation] at the latest. They shall forthwith inform the Commission thereof.’deleted

2017/03/27
Committee: LIBE