102 Amendments of Bodil VALERO related to 2016/0222(COD)
Amendment 55 #
Proposal for a directive
Recital 3
Recital 3
(3) The Common European Asylum System (CEAS) is based on a system for determining the Member State responsible for applicants for international protection and common standards for asylum procedures, reception conditions and procedures and rights of beneficiaries of international protection. Notwithstanding the significant progress that has been made in the development of the CEAS, there are still notable differences between the Member States with regard to the types of procedures used, the reception conditions provided to applicants, the recognition rates and the type of protection granted to beneficiaries of international protection. These divergences are important drivers of secondary movement and undermine the objective of ensuring that all applicants are equally treated wherever they apply in the Union.
Amendment 56 #
Proposal for a directive
Recital 4
Recital 4
(4) In its Communication of 6 April 2016 entitled 'Towards a reform of the Common European Asylum System and enhancing legal avenues to Europe',22 the Commission underlined the need for strengthening and harmonising further the CEAS. It also set out options for improving the CEAS, namely to establish a sustainable and fair system for determining the Member State responsible for applicants for international protection, to reinforce the Eurodac system, to achieve greater convergence in the Union asylum system, to prevent secondary movements within the Union and a new mandate for the European Union Agency for Asylum. This answers to calls by the European Council on 18-19 February 201623 and on 17-18 March 201624 to make progress towards reforming the Union's existing framework so as to ensure a humane and efficient asylum policy. It also proposes a way forward partially in line with the holistic approach to migration set out by the European Parliament in its own initiative report of 12 April 2016. __________________ 22 COM(2016) 197 final. 23 EUCO 19.02.2016, SN 1/16. 24 EUCO 12/1/16.
Amendment 58 #
Proposal for a directive
Recital 5
Recital 5
(5) Reception conditions continue to vary considerably between Member States both in terms of how the reception system is organised and in terms of the standards provided to applicants. The persistent problems in ensuring adherence to the reception standards required for a dignified treatment of applicants in some Member States has contributed to a disproportionate burden falling on a few Member States with generally high reception standards which are then under pressure to reduce their standards. More equal reception standards set at an appropriate levelensure that their high reception standards are maintained. Equal and high reception standards across all Member States will contribute to a more dignified treatment and fairer distribution of applicants across the EUnion.
Amendment 63 #
Proposal for a directive
Recital 8
Recital 8
Amendment 70 #
Proposal for a directive
Recital 11
Recital 11
(11) In order to ensure that applicants are aware of the consequences of absconding, Member States should inform applicants in a uniform manner, as soon as possible and at the latest when they lodgmake their application, of all the obligations with which applicants must complyrights, entitlements and obligations relating to reception conditions, including the circumstances under which the granting of material reception conditions may be restricted and of any benefits and legal aid, special needs, redress and right of appeal against detention or decisions relating to the replacement, reduction or withdrawal of reception conditions and information on the relevant asylum procedure.
Amendment 75 #
Proposal for a directive
Recital 12
Recital 12
(12) Harmonised EUnion rules on the documents to be issued to applicants make it more difficult for applicants to move in an unauthorised manner within the Union. It needs to be clarified 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 tocover at least 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 78 #
Proposal for a directive
Recital 13
Recital 13
Amendment 81 #
Proposal for a directive
Recital 14
Recital 14
(14) Applicants are required to be present inremain available to the relevant authorities of the Member State where they made an application or in the Member State to which they are transferred in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation]. In case an applicant has absconded from this Member State and, without authorisMember States should not impose sanctions on an applicant for the sole reason of irregularly entering or being present on their territory, including for not complying with the obligation, travelled to another Member State, it is vital, for the purpose of ensuro make an application in the first Member State of entry as set out in [Article 4(1) of the Dublin IV Regulation] or to be present in another Member State ing a well- functioning Common European Asylum System that the applicant is swiftly returned to the Member Stateccordance with [the Dublin IV Regulation], where there are serious reasons to believe that the applicant arrives from a territory where heis or she is required to be present. Until such a transfer has taken place, there is a risk that the applicant may abscond and his or her whereabouts should therefore be closely monitoredr life or freedom was threatened in line with [Article 9 of the Qualification Regulation] or [Article 16 of the Qualification Regulation] or where the applicant shows good cause for his or her irregular entry or presence.
Amendment 85 #
Proposal for a directive
Recital 15
Recital 15
Amendment 87 #
Proposal for a directive
Recital 16
Recital 16
(16) For duly justified and serious reasons of public interest or public order, for the swift processing and effective monitoring of his or her application for international protection, for the swift processing and effective monitoring of his or her procedure for determining the Member State responsible in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation] or in order to effectively prevent the applicant from absconding, Member States shouldmay, where necessary, assign the applicant residence in a specific place, such as an open accommodation centre, a private house, flat, hotel or other premises adapted for housing applicants. Such a decision may be necessary to effectively prevent the applicant from absconding in particular in cases where the applicant has not complied with the obligations to: make an application in the Member State of first irregular or legal entry; to remain in the Member State where he or she is required to be present; or in cases where the applicant has been sent back to the Member State where he or she is required to be present after having absconded to another Member State. In case the applicant is entitled to material reception conditions, such material reception conditions should also be provided subject to the applicant residing in this specific place.
Amendment 90 #
Proposal for a directive
Recital 17
Recital 17
(17) Where there are specific and objective reasons for considering that there is a serious and imminent risk that an applicant may abscond, Member States should require applicants to report to the competent authoritmay, where necessary, proportionate and duly justifiesd as frequently as necessary in order to monitor that the applicant does not abscond. To deter applicants from further absconding, Member States should also be able to grant material reception conditions, where the applicant is entitled to such material reception conditions, only in kind. fter an individualised assessment carried out by a judicial authority, and after consulting the applicant concerned, require applicants to report to the competent authorities at a reasonable frequency and time. Member States should also be able to grant material reception conditions, where the applicant is entitled to such material reception conditions, only in kind, where, following an individual assessment and a decision by a judicial authority, there are duly justified reasons for considering that there is a risk that an applicant may abscond. Applicants should have a right of appeal against decisions imposing reporting duties or providing material reception conditions only in kind and should be duly informed of this right.
Amendment 91 #
Proposal for a directive
Recital 18
Recital 18
(18) All decisions restricting an applicant's freedom of movement need to be based on the individual behaviour andadopted only as a measure of last resort and need to be based on the decision of a judicial authority, following an individual assessment of the particular situation of the person concerned, taking into account any special reception needs of applicants and the principles of necessity and proportionality. Applicants must be duly informed of such decisions and, of the consequences of non- compliance and of their right to appeal against these decisions.
Amendment 92 #
Proposal for a directive
Recital 19
Recital 19
(19) In view of the serious consequences for applicants who have absconded or who are considered to be at risk of absconding, the meaning of absconding should be strictly defined, in view ofline with guidelines set up by the European Union Agency for Fundamental Rights, and based on an assessment of the individual circumstances of the person involved carried out by a judicial authority, as encompassing both a deliberate action to avoid the applicable asylum procedures and the factual circumstance of not remaining available to the relevant authorities, including by leaving the territory where the applicant is required to be present. Irregular entry, lack of an address or documents proving the identity of an applicant should never constitute valid criteria to determine the risk of absconding.
Amendment 93 #
Proposal for a directive
Recital 20
Recital 20
(20) The detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection, particularly in accordance with the international legal obligations of the Member States and with Article 31 of the Geneva Convention. Applicants may be detained only under the very clearly defined exceptional circumstances laid down in this Directive and subject to the principle of necessity and proportionality with regard to both the manner and the purpose of such detention. Detention of applicants pursuant to this Directive should only be ordered in writing by judicial or administrative authorities stating the individual reasons on which it is based, including in the cases where the person is already detained when making the application for international protection. A justification of the reasons why alternatives to detention were not applied in the individual case has to be provided in writing by the judicial authority. Where an applicant is held in detention he or she should have effective access to the necessary procedural guarantees, such as judicial remedy before a national judicial authority.
Amendment 96 #
Proposal for a directive
Recital 21
Recital 21
(21) Where an applicant has been assigned a specific place of residence but has not complied with this obligation, there needs to be a demonstrated, individually justified, imminent and serious risk that the applicant may abscond in order for the applicant to be detained. In all circumstances, special care must be taken to ensure that the length of the detention is proportionate and that it ends as soon as the obligation put on the applicant has been fulfilled or there are no longer reasons for believing that he or she will not fulfil this obligation. The applicant must also have been made aware of the obligation in question and of the consequences of non- compliance.
Amendment 102 #
Proposal for a directive
Recital 30
Recital 30
(30) In applying this Directive, Member States should seek to ensure full compliance with the principles of the best interests of the child and of family unity, in accordance with the Charter of Fundamental Rights of the European Union, the 1989 United Nations Convention on the Rights of the Child and the European Convention for the Protection of Human Rights and Fundamental Freedoms respectively. Reception conditions need to be adapted to the specific situation of minors, whether unaccompanied or within families, with due regard to their security, physical and emotional care and provided in a manner that encourages their general development. Detention of children, whether unaccompanied or within families, is never in their best interests, always constitutes a child rights violation and should therefore be prohibited.
Amendment 104 #
Proposal for a directive
Recital 31
Recital 31
(31) Member States should ensure that applicants receive the necessary health care which should include, at least, free emergency and primary care and essential treatment of illnesses, including of serious mental disorders and access to sexual and reproductive healthcare. To respond to public health concerns with regard to disease prevention and safeguard the health of individual applicants, applicants' access to health care should also include preventive medical treatment, such as vaccinations and secondary care. Member States may require medical screening for applicants on public health grounds. The results of medical screening should not influence the assessment of applications for international protection, which should always be carried out objectively, impartially and on an individual basis in line with Regulation (EU) No XXX/XXX [Procedures Regulation].
Amendment 107 #
Proposal for a directive
Recital 32
Recital 32
(32) An applicant's entitlement to material reception conditions under this Directive may be curtailed in certain circumstances such as where an applicant has absconded to another Member State from the Member State where he or she is required to be present. However, Member States should in all circumstances ensure access to health care and a dignifiedn adequate standard of living for applicants in line with the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of the Child, in particular by providing for the applicant's subsistence and basic needs both in terms of physical safety and dignity and in terms of interpersonal relationships, with due regard to the inherent vulnerabilities of the person as applicant for international protection and that of his or her family or caretaker. Due regard must also be given to applicants with special reception needs. The specific needs of children, in particular with regard to respect for the child's right to education and access to healthcare have to be taken into account. When a minor is in a Member State other than the one in which he or she is required to be present, Member States should provide the minor with access to suitable educational activities pending the transfer to the Member State responsible. The specific needs of women applicants who have experienced sexual or gender-based harmviolence should be taken into account, including via ensuring access, at different stages of the asylum procedure, to medical care, legal support, and to appropriate trauma counselling and psycho-social care.
Amendment 114 #
Proposal for a directive
Recital 34
Recital 34
(34) In order to promote the self- sufficiency of applicants and to limit wide discrepancies between Member States, it is essential to provide clear rules on the applicants’ access to the labour market and to ensure that such access is effective, by not imposing conditions that effectively hinder an applicant from seeking employment. Labour market tests used to give priority to nationals or to other Union citizens or to third-country nationals legally resident in the Member State concerned should not hinder effective access for applicants to the labour market and should be implemented without prejudice to the principle of preference for Union citizens as expressed in the relev, including sector restrictions, working time restrictions or unreasonable administrative formalities, that effectively hinder an applicant pfrovisions of the applicable Acts of Accessionm seeking employment.
Amendment 116 #
Proposal for a directive
Recital 35
Recital 35
(35) The maximum time frame for access to the labour market should be aligned with the duration of the examination procedure on the merits. In order to increase integration prospects and self-sufficiency of applicants, earlier access to the labour market is encouraged where the application is likely to be well- founded, including when its examination has been prioritised in accordance with Regulation (EU) No XXX/XXX [Procedures Regulation]. Member States should therefore consider reducing that time period as much as possible with a view to ensuring that applicants have access to the labour market no later than 3 months from the date when the application was lodged in cases where the application is likely to be well-founded. Member States should however not grant access to the labour market to applicants whose application for international protection is likely to be unfounded and for which an accelerated examination procedure is appliedIn order to increase integration prospects and self-sufficiency of applicants, immediate access to the labour market should be provided to the applicant.
Amendment 126 #
Proposal for a directive
Recital 39
Recital 39
(39) Due to the possibly temporary nature of the stay of applicants and without prejudice to Regulation (EU) No 1231/2010 of the European Parliament and of the Council, Member States should be able to exclude family benefits and unemployment benefits from equal treatment between applicants and their own nationals and should be able to limit the application of equal treatment in relation to education and vocational training. The right to freedom of association and affiliation may also be limited by excluding applicants from taking part in the management of certain bodies and from holding a public office.
Amendment 131 #
Proposal for a directive
Recital 41
Recital 41
(41) To ensure that the material reception conditions provided to applicants comply with the principles set out in this Directive, it is necessary to further clarify the nature of those conditions, including not only housing, food and clothing but also essential non-food items such as sanitary items, medical devices or education material. It is also necessary that Member States determine the level of material reception conditions provided in the form of financial allowances or vouchers on the basis of relevant references to ensure adequate standards of living for nationals, such as minimum income benefits, minimum wages, minimum pensions, unemployment benefits and social assistance benefits. That does not mean that the amount granted should be the same as for nationals. Member States may grant less favourable treatment to applicants than to nationals as specified in this Directive.
Amendment 133 #
Proposal for a directive
Recital 42
Recital 42
(42) In order to restrict the possibility of abuse of the reception system, Member States should be able to provide material reception conditions only to the extent applicants do not have sufficient means to provide for themselves. When assessing the resources of an applicant and requiring an applicant to cover or contribute to the material reception conditions, Member States should observe the principle of proportionality and 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. Applicants should not be required to cover or contribute to the costs of their necessary health care. The possibility of abuse of the reception system should also be restricted by specifying the circumstances in which accommodation, food, clothing and other essential non-food items provided in the form of financial allowances or vouchers may be replaced with reception conditions provided in kind and the circumstances in which the daily allowance may be reduced or withdrawn while at the same time ensuring a dignified standard of living for all applicants.
Amendment 142 #
Proposal for a directive
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) ‘material reception conditions’: means the reception conditions that include housing, food, clothing and other essential non-food items matching the needs of the applicants in their specific reception conditions, such as sanitary items, medical devices or education material, provided in kind, or as financial allowances or in vouchers, or a combination of the three, and a daily expenses allowance;
Amendment 144 #
Proposal for a directive
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘absconding’: means thea deliberate and unjustified action by which an applicant, in order to avoid asylum procedures, either leaves the territory where he or she is obliged to be present in accordance with Regulation (EU) No XXX/XXX32 [Dublin Regulation] or does not remain available to the competent authorities or to the court or tribunal; __________________ 32 OJ C […], […], p. […].tentionally and repeatedly avoids contact with the competent authorities;
Amendment 145 #
Proposal for a directive
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
(11) ‘risk of absconding’: means the proven existence of reasons in an individual case, which are based on specific and objective criteria strictly defined by national law, in line with guidelines set up by the European Union Agency for Fundamental Rights, to believe that an applicant may abscond;
Amendment 150 #
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, inter alia, applicants who are minors, unaccompanied minors, disabled people, 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 and persons with post- traumatic stress disorder.
Amendment 152 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 a (new)
Article 3 – paragraph 1 – subparagraph 1 a (new)
Member States shall apply this Directive to all unaccompanied minors from third countries from the moment of their arrival to the moment of their qualification as a refugee or grant of subsidiary protection under Regulation (EU) XXX/XXX [Qualification Regulation], or the grant of some other form of humanitarian protection, or their transfer to a third country, in accordance with their best interests, under national law.
Amendment 159 #
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Member States shall inform applicants, as soon as possible and at the latest when they are lodgmaking their application for international protection pursuant to Article 25 of Regulation XXX/XXXX [Asylum Procedures Regulation], of any established benefits and of the obligations with which they must comply relating to reception conditions. They shall point out in the information provided that the applicant is not entitled to the reception conditions set out in Articles 14 to 17 of this Directive as stated in Article 17a of the same Directive in any Member State other than where he or she is required to be present in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation]e rights and entitlements of the applicant in relation to access to reception conditions, legal aid, special needs, redress and right of appeal against detention or decisions relating to the replacement, reduction or withdrawal of reception conditions and information on the relevant asylum procedures.
Amendment 166 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall ensure that the information referred to in paragraph 1 is in writing using a standard template which shall be developed by the European Union Agency for Asylum and by the European Union Agency for Fundamental Rights and in a language that the applicant understands or is reasonably supposed to understand. Where necessary, tThis information shall also be supplied orally and adapted to the needs of minorchildren or persons with special reception needs.
Amendment 172 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Member States shall provide applicants with a travel document only when serious humanitarian or other imperative reasons arise that require their presence in another State. The validity of the travel document shall be limited tocover at least the purpose and duration needed for the reason for which it is issued.
Amendment 181 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – introductory part
Article 7 – paragraph 2 – subparagraph 1 – introductory part
2. Member States shallmay, where necessary, proportionate and duly justified, decide on the residence of an applicant in a specific placen open reception centre or specific open accommodation for any of the following reasons:
Amendment 186 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point c
Article 7 – paragraph 2 – subparagraph 1 – point c
Amendment 188 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point d – introductory part
Article 7 – paragraph 2 – subparagraph 1 – point d – introductory part
Amendment 194 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point d – indent 1
Article 7 – paragraph 2 – subparagraph 1 – point d – indent 1
Amendment 197 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point d – indent 2
Article 7 – paragraph 2 – subparagraph 1 – point d – indent 2
Amendment 200 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point d – indent 3
Article 7 – paragraph 2 – subparagraph 1 – point d – indent 3
Amendment 204 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 2
Article 7 – paragraph 2 – subparagraph 2
Amendment 205 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Where there are specific and objective reasons for considering that there is a serious and imminent risk that an applicant may abscond, Member States shallmay, where necessary, proportionate and duly justified after an individualised assessment carried out by a judicial authority, and after consulting with the applicant, require the applicant to report to the competent authorities, electronically or by telephone or to appear before them in person, either without delay or at a specified time as frequently as necessary to effectively prevenat a reasonable frequency and time. These measures shall be necessary, proportionate and shall not be so extensive or invasive as to restrict the applicant's from abscondingeedom of movement or right to privacy and family life.
Amendment 213 #
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Member States shall require applicants to inform the competent authorities of their current place of residence or address or a telephone number or electronic mail address where they may be reached and notify any change of telephone number or electronic mail or address to such authorities as soon as possible.
Amendment 222 #
Proposal for a directive
Article 7 – paragraph 7
Article 7 – paragraph 7
7. Decisions referred to in this Article shall be based on thean individual behaviour andassessment of the particular situation of the person concerned, including with regard to applicants with special reception needs, and with due regard to the principles of necessity and proportionality.
Amendment 236 #
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 1 – point c
Article 8 – paragraph 3 – subparagraph 1 – point c
Amendment 238 #
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 1 – point d
Article 8 – paragraph 3 – subparagraph 1 – point d
Amendment 286 #
Proposal for a directive
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
Member States shall grant to minor children of applicants and to applicants who are minors access to the education system under similarthe same conditions as their own nationals for so long as an expulsion measure against them or their parents is not actually enforced. Such education may be provided in accommodation centresthe entire duration of their presence in the territory of the Member State. Such education may be provided in accommodation centres, as a temporary measure until access to national education systems is ensured.
Amendment 293 #
Proposal for a directive
Article 14 – paragraph 2 – subparagraph 1
Article 14 – paragraph 2 – subparagraph 1
Access to the education system shall not be postponed for more than threone months from the date on which the application for international protection was lodged by or on behalf of the minor.
Amendment 297 #
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1
Article 15 – paragraph 1 – subparagraph 1
Member States shall ensure that applicants have access to the labour market no later than 6 months from the date when the application for international protection was lodged if an administrative decision by the competent authority has not been taken and the delay cannot be attributed to the applicant.
Amendment 302 #
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 2
Article 15 – paragraph 1 – subparagraph 2
Amendment 309 #
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 2
Article 15 – paragraph 2 – subparagraph 2
Amendment 315 #
Proposal for a directive
Article 15 – paragraph 3 –subparagraph 1- introductory part
Article 15 – paragraph 3 –subparagraph 1- introductory part
3. Member States shall provide applicants, with equal treatment with nationalsto that of nationals, from the moment they make their application for international protection, as regards:
Amendment 319 #
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1 – point b
Article 15 – paragraph 3 – subparagraph 1 – point b
(b) freedom of association and affiliation and membership of an organisation representing workers or employers or of any organisation whose members are engaged in a specific occupation, including the benefits conferred by such organisations, without prejudice to the national provisions on public policy and public security;
Amendment 321 #
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1 – point c
Article 15 – paragraph 3 – subparagraph 1 – point c
(c) education and vocational trainingmployment-related education opportunities for adults, education and vocational training, including training courses for upgrading skills, practical workplace experience, except study and maintenance grants and loans or other grants and loans related to education and vocational training;
Amendment 329 #
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 2 – point ii
Article 15 – paragraph 3 – subparagraph 2 – point ii
Amendment 333 #
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 2 – point iii
Article 15 – paragraph 3 – subparagraph 2 – point iii
Amendment 335 #
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 3
Article 15 – paragraph 3 – subparagraph 3
Amendment 338 #
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 shall 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. If the nature of employment requires the applicant to travel, Member States shall proceed without delay in issuing the applicant with a valid travel document as referred to in Article 6 of this Directive.
Amendment 340 #
Proposal for a directive
Article 15 – paragraph 5 a (new)
Article 15 – paragraph 5 a (new)
5a. Applicants who have been granted access to the labour market in accordance with paragraph 1 shall be allowed to apply for an EU Blue Card in line with the conditions and requirements set out in Directive XXX/XXXX [Blue Card Directive].
Amendment 341 #
Proposal for a directive
Article 15 – paragraph 5 b (new)
Article 15 – paragraph 5 b (new)
Amendment 342 #
Proposal for a directive
Article 15 – paragraph 5 c (new)
Article 15 – paragraph 5 c (new)
5c. Member States may allow applicants who have been granted access to the labour market in accordance with paragraph 1 and whose application for asylum has been rejected the possibility to apply in-country for a residence permit issued using the format laid down in Regulation (EC) No 1030/2002 in line with national laws regulating access to the labour market for third country nationals.
Amendment 343 #
Proposal for a directive
Article 15 – paragraph 5 d (new)
Article 15 – paragraph 5 d (new)
5d. Member States shall allow applicants access to vocational training and language courses irrespective of whether they have access to the labour market.
Amendment 354 #
Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2
Article 16 – paragraph 2 – subparagraph 2
Member States shall ensure that that standard of living is met in the specific situation of applicants with special reception needs, such as minors, as well as in relation to the situation of persons who are in detention.
Amendment 364 #
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 shall observe the principle of proportionality. Member States shall also and 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 shall 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 379 #
Proposal for a directive
Article 17 – paragraph 4 a (new)
Article 17 – paragraph 4 a (new)
4a. Member States shall provide separate sanitary facilities for female applicants and safe place in reception centres for them and their children.
Amendment 383 #
Proposal for a directive
Article 17 – paragraph 7
Article 17 – paragraph 7
7. Persons providing material reception conditions, including health care and education, and those working in accommodation centres, shall be adequately trained and shall be bound by the confidentiality rules provided for in national law in relation to any information they obtain in the course of their work.
Amendment 389 #
Proposal for a directive
Article 17 – paragraph 9 – subparagraph 2
Article 17 – paragraph 9 – subparagraph 2
Such different conditions shall in any circumstances ensure free access to health careprimary and secondary health care, including sexual and reproductive health care, in accordance with Article 18 and a dignifiedn adequate standard of living for all applicants.
Amendment 393 #
Proposal for a directive
Article 17 – paragraph 9 – subparagraph 3
Article 17 – paragraph 9 – subparagraph 3
When resorting to those exceptional measures, the Member State concerned shall issue a reasoned justification and inform the Commission and the European Union Agency for Asylum. It shall also inform the Commission and the European Union Agency for Asylum as soon as the reasons for applying these exceptional measures have ceased to exist.
Amendment 396 #
Proposal for a directive
Article 17a
Article 17a
Amendment 410 #
Proposal for a directive
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. Member States shall ensure that minor children of applicants and applicants who are minors receive the same access to health care as their own national minors.
Amendment 415 #
Proposal for a directive
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
1. With regard to applicants who are required to be present on their territory in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation], Member States may, in the situations described in paragraph 2 , and on the basis of a decision of judicial authorities:
Amendment 422 #
Proposal for a directive
Article 19 – paragraph 1 – point b
Article 19 – paragraph 1 – point b
(b) reduce or, in exceptional and duly justified cases, withdraw the daily expenses allowances.
Amendment 423 #
Proposal for a directive
Article 19 – paragraph 2 – subparagraph 1 – point a
Article 19 – paragraph 2 – subparagraph 1 – point a
(a) abandons the place of residence determined by the competent authority without informing it or, if requested, without permission, or abscondswithout justification; or
Amendment 425 #
Proposal for a directive
Article 19 – paragraph 2 – subparagraph 1 – point e
Article 19 – paragraph 2 – subparagraph 1 – point e
(e) has repeatedly, intentionally and seriously breached the rules of the accommodation centre or behaved in a seriously violent way; or
Amendment 428 #
Proposal for a directive
Article 19 – paragraph 2 – subparagraph 1 – point f
Article 19 – paragraph 2 – subparagraph 1 – point f
Amendment 432 #
Proposal for a directive
Article 19 – paragraph 2 – subparagraph 1 – point g
Article 19 – paragraph 2 – subparagraph 1 – point g
Amendment 435 #
Proposal for a directive
Article 19 – paragraph 2 – subparagraph 1 – point h
Article 19 – paragraph 2 – subparagraph 1 – point h
Amendment 439 #
Proposal for a directive
Article 19 – paragraph 2 – subparagraph 2
Article 19 – paragraph 2 – subparagraph 2
Amendment 446 #
Proposal for a directive
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Decisions for replacement, reduction or withdrawal of material reception conditions shall be taken objectively and impartially on the merits of the individual case and reasons shall be given. Decisions shall be based on the particular situation of the person concerned, especially with regard to applicants with special reception needs, taking into account the principle of proportionalitytaking into account the principle of proportionality and cannot be applied in relation to applicants with special reception needs. Member States shall under all circumstances ensure access to health care in accordance with Article 18 and shall ensure a dignified standard of living for all applicants.
Amendment 450 #
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
Member States shall ensure the applicant's right to be heard in relation to their specific reception needs and shall take into account the specific situation of applicants with special reception needs in the national law implementing this Directive.
Amendment 461 #
Proposal for a directive
Article 21 – paragraph 2 – point a
Article 21 – paragraph 2 – point a
(a) are trained and continues to be trained to proactively detect first signs that an applicant requires special receptions conditions and to address those needs when identified;
Amendment 462 #
Proposal for a directive
Article 21 – paragraph 2 – point a a (new)
Article 21 – paragraph 2 – point a a (new)
(aa) effectively provide the applicant with the possibility to submit his or her observations on the need to benefit from special reception support;
Amendment 463 #
Proposal for a directive
Article 21 – paragraph 2 – point b
Article 21 – paragraph 2 – point b
(b) include information concerning the applicant's special reception needs in the applicant's file, together with the indication of the signs referred to in point (a) and the applicant's submissions referred to in point (aa) as well as recommendations as to the type of support that may be needed by the applicant;
Amendment 465 #
Proposal for a directive
Article 21 – paragraph 2 – point d
Article 21 – paragraph 2 – point d
(d) take into account the result of that examination, including the applicant's considerations on the need to benefit from special reception support, when deciding on the type of special reception support which may be provided to the applicant. The decision on the provision of special reception support shall be duly justified.
Amendment 466 #
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 involvemay affect minors. Member States shall ensure a standard of living adequate for the minor’s physical, mental, spiritual, moral and social development.
Amendment 471 #
Proposal for a directive
Article 22 – paragraph 2 – point c
Article 22 – paragraph 2 – point c
(c) safety and security considerations, in particular where there is a risk of the minor being a victim of violence and exploitation, including human trafficking;
Amendment 480 #
Proposal for a directive
Article 22 – paragraph 6
Article 22 – paragraph 6
6. Those working with minors, including with unaccompanied minors, shall not have a verified criminal record nor a record of child- related crimes or offenses and shall receive continuous and appropriate training concerning the rights and needs of accompanied, separated and unaccompanied minors, including concerning any applicable child safeguarding standards, and shall be bound by the confidentiality rules provided for in national law, in relation to any information they obtain in the course of their work.
Amendment 487 #
Proposal for a directive
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
Member States shall as soon as possible and no later than five working days from the moment when an unaccompanied minor makes an application for international protectionarrives in a Member State take measures to ensure that a guardian represents and assists the unaccompanied minor to enable him or her to benefit from the rights and comply with the obligations provided for in this Directive. The guardian appointed in accordance with Article [22] of Regulation (EU) No XXX/XXX [Procedures Regulation] may perform those tasks. The unaccompanied minor shall be informed immediately of the appointment of the guardian. Where an organisation is appointed as guardian, it shall designate a person responsible for carrying out the duties of guardian in respect of the unaccompanied minor, in accordance with this Directive. The guardian shall perform his or her duties in accordance with the principle of the best interests of the child, as prescribed in Article 22 (2), shall have the necessary expertise to that end, shall receive continuous and appropriate training to that end and shall not have a verified criminal record nor a 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 488 #
Proposal for a directive
Article 23 – paragraph 1 – subparagraph 2
Article 23 – paragraph 1 – subparagraph 2
Member States shall ensure that a guardian is not placed in charge of a disproportionate and limited number of unaccompanied minors at the same time that would render himo ensure that he or sher un is able to perform his or her tasks effectively. Member States shall appoint entities or persons responsible for monitoring at regular intervals that guardians perform their tasks in a satisfactory manner. Those entities or persons shall also have the competence to review complaints lodged by unaccompanied minors against their guardian. Unaccompanied minors shall be informed, in a child-friendly manner and in a language they understand, about the procedure to file complaints against their guardians in confidence and safety and shall be granted the right to be heard in this respect.
Amendment 493 #
Proposal for a directive
Article 23 – paragraph 1 – subparagraph 2 a (new)
Article 23 – paragraph 1 – subparagraph 2 a (new)
Member States shall provide unaccompanied minors upon their arrival with: (a) immediate access to health care and education under the same conditions as their own national minors (b) all the necessary information about their rights, procedures and protection opportunities in a child- friendly manner and in a language they understand. To this end, the European Asylum Support Office shall assist Member States in producing reception material to inform children.
Amendment 503 #
Proposal for a directive
Article 25 – paragraph 2 – subparagraph 1
Article 25 – paragraph 2 – subparagraph 1
In cases of an appeal or a review before a judicial authority referred to in paragraph 1, in order to ensure effective access to justice, Member States shall ensure that free legal assistance and representation is made available on request in so far as such aid is necessary to ensure effective access to justice. This shall include, at least, the preparation of the required procedural documents, the preparation of the appeal and participation in the hearing before the judicial authorities on behalf of the applicant. Free legal assistance and representation shall be provided by legal advisers or other counsellors permitted under national law to assist or represent the applicants or non-governmental organisations accredited under national law to provide advisory services or representation.
Amendment 505 #
Proposal for a directive
Article 25 – paragraph 3 – subparagraph 1 – introductory part
Article 25 – paragraph 3 – subparagraph 1 – introductory part
3. Member States may also provide thatThe provision of free legal assistance and representation are grantedin the appeal procedure may be excluded only where:
Amendment 508 #
Proposal for a directive
Article 25 – paragraph 3 – subparagraph 1 – point a
Article 25 – paragraph 3 – subparagraph 1 – point a
(a) only to those who lackthe applicant has sufficient resources; and/or
Amendment 509 #
Proposal for a directive
Article 25 – paragraph 3 – subparagraph 1 – point b
Article 25 – paragraph 3 – subparagraph 1 – point b
(b) only through the services provided by legal advisersthe appeal is at a second level of appeal or othigher counsellors specifically designated by national law to assist and represent applicantunder national law as provided for under national law, including re-hearings or reviews of appeal, and that second level of appeal is considered to have no tangible prospect of success.
Amendment 511 #
Proposal for a directive
Article 25 – paragraph 3 – subparagraph 2
Article 25 – paragraph 3 – subparagraph 2
Amendment 513 #
Proposal for a directive
Article 25 – paragraph 4 – point a
Article 25 – paragraph 4 – point a
(a) impose monetary and/limits or time limits on the provision of free legal assistance and representation, provided that such limits do not arbitrarily restrict access to free legal assistance and representation or hinder the applicant's effective access to justice;
Amendment 514 #
Proposal for a directive
Article 25 – paragraph 4 – point b
Article 25 – paragraph 4 – point b
(b) provide that, as regards fees and other costs, the treatment of applicants shall not be moreless favourable than the treatment generally accordedgiven to their nationals in matters pertaining to legal assistance.
Amendment 515 #
Proposal for a directive
Article 25 – paragraph 5
Article 25 – paragraph 5
5. Member States may demand to be reimbursed wholly or partially for any costs granted if anrequest total or partial reimbursement of any costs incurred whenre the applicant’s financial situation has improved considerably or if the decision to grant such costsdecision to provide free legal assistance and representation was taken on the basis of false information supplied by the applicant.
Amendment 517 #
Proposal for a directive
Article 25 – paragraph 6
Article 25 – paragraph 6
6. Procedures for access to legal assistance and representation shall be laid down in national law. Member States shall lay down specific procedural rules concerning the modalities for filing and processing requests for the provision of free legal assistance and representation or they shall apply the existing rules for domestic claims of a similar nature, provided that those rules do not render access to free legal assistance and representation impossible or excessively difficult.
Amendment 525 #
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Each Member State shall draw up, in cooperation with relevant civil society and international organisations and local and regional authorities, 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 530 #
Proposal for a directive
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The first contingency plan shall be completed, using a template to be developed by the European Union Agency for Asylum, and shall be notified to the European Union Agency for Asylum at the latest by [6six months after entry into force of this Directive]. An updated contingency plan shall be notified to the European Union Agency for Asylum every two yearsix months thereafter. The Member States shall inform the Commission and the European Union Agency for Asylum whenever its contingency plan is activated.
Amendment 531 #
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Member States shall 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, adequate funding shall be made available to local and regional authorities and international and civil society organisations, including through the possibility for local and regional authorities to directly access the Asylum Migration and Integration Fund (AMIF). 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].
Amendment 533 #
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Member States shall 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, as well as children. 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] and take into consideration the information material published by the European Asylum Support Office, such as the EASO Tool for Identification of persons with special needs.
Amendment 535 #
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
By [threone years after the entry into force of this Directive] at the latest, and at least every fivthree years thereafter, the Commission shall present a report to the European Parliament and the Council on the application of this Directive and shall propose any amendments that are necessary.
Amendment 541 #
Proposal for a directive
Article 30 – paragraph 2
Article 30 – paragraph 2
Member States shall at the request of the Commission send the necessary information for drawing up the report by [two yearsix months after the entry into force of this Directive] and every fivthree years thereafter.