59 Amendments of Beatrix von STORCH related to 2016/0222(COD)
Amendment 53 #
Proposal for a directive
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The European Parliament rejects the Commission proposal.
Amendment 67 #
Proposal for a directive
Recital 10
Recital 10
(10) Standard cConditions for the reception of applicants that will suffice to ensure them a dignified standard of living and comparable living conditions in all Member States should be laid down. The harmonisation of conditions for the reception of applicants should help to limit the secondary movements of applicants influenced by the variety of conditions for their receptionare determined by the Member States. These conditions are not to be harmonised in respect of the principle of subsidiarity. Furthermore, diversity in reception conditions is recognised as a result of different priorities within each Member States budget.
Amendment 74 #
Proposal for a directive
Recital 12
Recital 12
(12) Harmonised EUnion rules on the documents to be issued to applicants in order to make it more difficult for applicants to move in an unauthorised manner within the Union can only be adopted if permanent border controls are reinstated. It needs to be clarified that 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 141 #
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
3. ‘family members’: means family members as defined in Article [2(9)] of Regulation (EU) XXX/XXX29 [Qualification Regulation]; __________________ 29a spouse of an applicant, an applicant’s direct issue, and, in the case of unaccompanied minors, their parents; OJ C […], […], p. […].
Amendment 148 #
Proposal for a directive
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
13. ‘applicant with special reception needs’: means an applicant who is in need of special guarantees in order to benefit from the rights and comply with the obligations provided for in this Directive, such as applicants who are minors, unaccompanied minors, disabled people, frail elderly people, pregnant women, single parents with minor children, victims of human trafficking, persons with serious illnesses, persons with mental disorders and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence, such as victims of female genital mutilation serious violence.
Amendment 151 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
(1) This Directive applies to all third- country nationals and stateless persons who enter a Member State via the external border and make an application for international protection on the territory, including at theat its external border, in theits territorial sea or in theits transit zones of the Member States, as long as they are allowed to remain on the territory of that Member State as applicants, as well as to family members, if they are covered by such application forenjoy international protection according to international law.
Amendment 160 #
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Member States shallmay 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 shallmay 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 163 #
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
Member States shallmay ensure that applicants are provided with information on organisations or groups of persons that provide specific legal assistance and organisations that might be able to help or inform them concerning the available reception conditions, including health care.
Amendment 167 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shallmay 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 minors.
Amendment 177 #
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 benefirights under this Directive.
Amendment 184 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point a
Article 7 – paragraph 2 – subparagraph 1 – point a
(a) public interest, public security or public order;
Amendment 209 #
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, 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 to effectively prevent the applicant from absconding.
Amendment 212 #
Proposal for a directive
Article 7 – paragraph 4 – subparagraph 1
Article 7 – paragraph 4 – subparagraph 1
Member States shallmay 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 215 #
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Member States shallmay require applicants to inform the competent authorities of their current place of residence or address or 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 220 #
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
(6) Member States may make provision of the material reception conditions subject to actual residence by the applicantsgenuine compliance by applicants with the requirements laid down for them, in particular, for instance, residence in a specific place.
Amendment 224 #
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 to understand, 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. Applicants may be asked to make an appropriate contribution towards the cost of any translation required.
Amendment 232 #
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 1 – introductory part
Article 8 – paragraph 3 – subparagraph 1 – introductory part
(3) An applicant may be detained onlyin particular:
Amendment 284 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States shall take appropriatsuitable measures to maintain as far as possibleensure that an applicant and his or her family unity amembers present within their territory remain together, as far as possible, if applicants are provided with housing by the Member State concerned. Such measures shall be implemented with the applicant’s agreement.
Amendment 285 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States may require medical screening for applicants, in particular on public health grounds.
Amendment 288 #
Proposal for a directive
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
Member States shallmay grant to minor children of applicants and to applicants who are minors access to the education system under similar conditions as their own naappropriate conditionals for so long as an expulsion measure against them or their parents is not actually enforced. Such education may be provided in accommodation centres.
Amendment 289 #
Proposal for a directive
Article 14 – paragraph 1 – subparagraph 3
Article 14 – paragraph 1 – subparagraph 3
Member States shallmay not withdraw from secondary education for the sole reason that the minor has reached the age of majority.
Amendment 290 #
Proposal for a directive
Article 14 – paragraph 2 – subparagraph 1
Article 14 – paragraph 2 – subparagraph 1
Access to the education system shallmay not be postponed for more than three months from the date on which the application for international protection was lodged by or on behalf of the minor.
Amendment 301 #
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1
Article 15 – paragraph 1 – subparagraph 1
Member States shallmay ensure that applicants have access to the labour market no later than 6six 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 316 #
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1 – introductory part
Article 15 – paragraph 3 – subparagraph 1 – introductory part
3. Member States shallmay provide applicants with equal treatment withto that of nationals as regards:
Amendment 337 #
Proposal for a directive
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Access to the labour market shallmay not be withdrawn during appeals procedures, where an appeal against a negative decision in a regular procedure has suspensive effect, until such time aswhen a negative decision on the appeal is notified.
Amendment 339 #
Proposal for a directive
Article 15 – paragraph 5
Article 15 – paragraph 5
5. Where applicants have been granted access to the labour market in accordance with paragraph 1, Member States shallmay ensure that the applicant's document as referred to in Article [29] of Regulation (EU) No XXX/XXX [Procedures Regulation] state that the applicant has permission to take up gainful employment.
Amendment 349 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Member States shallmay 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].
Amendment 350 #
Proposal for a directive
Article 16 – paragraph 2 – subparagraph 1
Article 16 – paragraph 2 – subparagraph 1
Member States shallmay ensure that material reception conditions provide an adequate standard of living for applicants, which guarantees their subsistence and protects their physical and mental health.
Amendment 353 #
Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2
Article 16 – paragraph 2 – subparagraph 2
Member States shallmay ensure that that standard of living is met in the specific situation of applicants with special reception needs as well as in relation to the situation of persons who are in detention.
Amendment 366 #
Proposal for a directive
Article 16 – paragraph 5
Article 16 – paragraph 5
5. When assessing the resources of an applicant, when requiring an applicant to cover or contribute to the cost of the material reception conditions or when asking an applicant for a refund in accordance with paragraph 4, Member States shallmay observe the principle of proportionality. Member States shallmay also take into account the individual circumstances of the applicant and the need to respect his or her dignity or personal integrity, including the applicant's special reception needs. Member States shallmay in all circumstances ensure that the applicant is provided with a standard of living which guarantees his or her subsistence and protects his or her physical and mental health.
Amendment 370 #
Proposal for a directive
Article 16 – paragraph 6
Article 16 – paragraph 6
6. Where Member States provide material reception conditions in the form of financial allowances or vouchers, the amount thereof shall be determined on the basis of the level(s) established by the Member State concerned either by law or by the practice to ensure adequate standards of living for nationals. Member States may grant less favourable treatment to applicants compared with nationals in this respect, in particular where material support is partially provided in kind or where those level(s), applied for nationals, aim to ensure a standard of living higher than that prescribed for applicants under this Directive. Member States shallmay inform the Commission and the European Union Agency for Asylum of the levels of reference applied by national law or practice with a view to determining the level of financial assistance provided to applicants in accordance with this paragraph.
Amendment 371 #
Proposal for a directive
Article 17 – paragraph 2 – introductory part
Article 17 – paragraph 2 – introductory part
2. Without prejudice to any specific conditions of detention as provided for in Articles 10 and 11, in relation to housing referred to in paragraph 1(a), (b) and (c) of this Article Member States shallmay ensure that:
Amendment 375 #
Proposal for a directive
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Member States shallmay take into consideration gender and age-specific concerns and the situation of applicants with special reception needs when providing material reception conditions.
Amendment 378 #
Proposal for a directive
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Member States shallmay take appropriate measures to prevent assault and gender-based violence, including sexual assault and harassment when providing accommodation.
Amendment 380 #
Proposal for a directive
Article 17 – paragraph 5
Article 17 – paragraph 5
5. Member States shallmay ensure, as far as possible, that dependent adult applicants with special reception needs are accommodated together with close adult relatives who are already present in the same Member State and who are responsible for them whether by law or by the practice of the Member State concerned.
Amendment 381 #
Proposal for a directive
Article 17 – paragraph 6
Article 17 – paragraph 6
6. Member States shallmay ensure that transfers of applicants from one housing facility to another take place only when necessary. Member States shall provide for the possibility for applicants to inform their legal advisers or counsellors of the transfer and of their new address.
Amendment 403 #
Proposal for a directive
Article 17a – paragraph 2
Article 17a – paragraph 2
2. Member States shallmay ensure a dignified standard of living for all applicants.
Amendment 408 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shallmay 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, emergency care and essential treatment of illnesses, including of serious mental disorders.
Amendment 413 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Member States shallmay provide necessary medical or other assistance to applicants who have special reception needs, including appropriate mental health care where needed.
Amendment 448 #
Proposal for a directive
Article 19 – paragraph 4
Article 19 – paragraph 4
4. Member States shallmay ensure that material reception conditions are not replaced, withdrawn or reduced before a decision is taken in accordance with paragraph 3.
Amendment 454 #
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 shallmay systematically assess whether the applicant is an applicant with special reception needs. Member States shallmay also indicate the nature of such needs.
Amendment 458 #
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 2
Article 21 – paragraph 1 – subparagraph 2
That assessment shallmay 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 shallmay 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.
Amendment 459 #
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 3
Article 21 – paragraph 1 – subparagraph 3
Member States shallmay ensure that the support provided to applicants with special reception needs in accordance with this Directive takes into account their special reception needs throughout the duration of the asylum procedure and shall provide for appropriate monitoring of their situation.
Amendment 460 #
Proposal for a directive
Article 21 – paragraph 2 – introductory part
Article 21 – paragraph 2 – introductory part
2. For the purposes of paragraph 1, Member States shallmay ensure that the personnel of the authorities referred to in Article 26:
Amendment 467 #
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The best interests of the child shall be a primary consideration for Member States when implementing the provisions of this Directive that involve minors. Member States shallmay ensure a standard of living adequate for the minor’s physical, mental, spiritual, moral and social development.
Amendment 473 #
Proposal for a directive
Article 22 – paragraph 3
Article 22 – paragraph 3
3. Member States shallmay ensure that minors have access to leisure activities, including play and recreational activities appropriate to their age within the premises and accommodation centres referred to in Article 17(1)(a) and (b) and to open-air activities.
Amendment 475 #
Proposal for a directive
Article 22 – paragraph 4
Article 22 – paragraph 4
4. Member States shallmay ensure access to rehabilitation services for minors who have been victims of any form of abuse, neglect, exploitation, torture or cruel, inhuman and degrading treatment, or who have suffered from armed conflicts, and ensure that appropriate mental health care is developed and qualified counselling is provided when needed.
Amendment 477 #
Proposal for a directive
Article 22 – paragraph 5
Article 22 – paragraph 5
5. Member States shallmay ensure that minor children of applicants or applicants who are minors are lodged with their parents or with the adult responsible for them and their unmarried minor siblings whether by law or by the practice of the Member State concerned, provided it is in the best interests of the minors concerned.
Amendment 485 #
Proposal for a directive
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
Member States shallmay as soon as possible and no later than five working days from the moment when an unaccompanied minor makes an application for international protection 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 expertise to that end and shall not have a verified record of child- related crimes or offences. 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 491 #
Proposal for a directive
Article 23 – paragraph 1 – subparagraph 2
Article 23 – paragraph 1 – subparagraph 2
Member States shallmay 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 shallmay 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.
Amendment 499 #
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Member States shallmay ensure that persons who have been subjected to gender-based harm, torture, rape or other serious acts of violence receive the necessary treatment for the damage caused by such acts, in particular access to appropriate medical and psychological treatment or care.
Amendment 518 #
Proposal for a directive
Article 26 – paragraph 1
Article 26 – paragraph 1
Each Member State shallmay notify the Commission of the authorities responsible for fulfilling the obligations arising under this Directive. Member States shall inform the Commission of any changes in the identity of such authorities.
Amendment 519 #
Proposal for a directive
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Member States shallmay, with due respect to their constitutional structure, put in place relevant mechanisms in order to ensure that appropriate guidance, monitoring and control of the level of reception conditions are established. Member States shall take into account [operational standards on reception conditions and indicators developed by the European Asylum Support Office / the European Union Agency for Asylum] and any other reception conditions operational standards, indicators or guidelines established in accordance with Article [12] of Regulation (EU) No XXX/XXX [Regulation on the European Union Agency for Asylum].
Amendment 527 #
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Each Member State shallmay draw up a contingency plan setting out the planned measures to be taken to ensure an adequate reception of applicants in accordance with this Directive in cases where the Member State is confronted with a disproportionate number of applicants for international protection. The applicants for international protection are to be understood as those required to be present on its territory, including those for whom the Member State is responsible in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation], taking into account the corrective allocation mechanism outlined in Chapter VII of that Regulation.
Amendment 532 #
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Member States shallmay take appropriate measures to ensure that authorities and other organisations implementing this Directive have received the necessary training with respect to the needs of both male and female applicants. To that end, Member States shall integrate the European asylum curriculum developed by the European Union Agency for Asylum into the training of their personnel in accordance with Regulation (EU) No XXX/XXX [Regulation on the European Union Agency for Asylum]applicants.
Amendment 534 #
Proposal for a directive
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Member States shall allocate the necessary resourcesresources to the degree they deem necessary in connection with the national law implementing this Directive.
Amendment 539 #
Proposal for a directive
Article 30 – paragraph 2
Article 30 – paragraph 2
Member States shallmay at the request of the Commission send the necessary information for drawing up the report by [two years after the entry into force of this Directive] and every five years thereafter.
Amendment 542 #
Proposal for a directive
Article 31 – paragraph 1 a (new)
Article 31 – paragraph 1 a (new)
1a. Member States shall refuse to transpose laws, regulations and administrative provisions that they deem to be in violation of the principle of subsidiarity or the spirit of the treaties.
Amendment 543 #
Proposal for a directive
Article 31 – paragraph 1 b (new)
Article 31 – paragraph 1 b (new)
1b. Member States shall refuse to enforce laws, regulations and administrative provisions transposed that they deem to be in violation of the principle of subsidiarity or the spirit of the treaties.