183 Amendments of Jean LAMBERT related to 2016/0223(COD)
Amendment 30 #
Proposal for a regulation
Recital 3
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.
Amendment 40 #
Proposal for a regulation
Recital 8
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 Regulatachieve a high level of protection standards throughout the Union.
Amendment 45 #
Proposal for a regulation
Recital 13
Recital 13
(13) The resources of the Asylum, Migration and RefugeeIntegration Fund should be used to provide adequate support to Member States’' efforts in implementing the high standards set by the Regulation, in particular to those Member States which are faced with specific and disproportionate pressureDirective, in particular in relation to promoting long- term integration of beneficiaries of international protection and to provide support to those Member States which are facing challenges in ensuring high standards as part onf their asylum systems, due in particular to their geographical or demographic situation. 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.
Amendment 66 #
Proposal for a regulation
Recital 39
Recital 39
(39) With a view to ascertaining whether beneficiaries of international protection are still in need of that protection, determining authorities shouldmay 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.
Amendment 76 #
Proposal for a regulation
Recital 44
Recital 44
Amendment 84 #
Proposal for a regulation
Recital 48
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 law
Amendment 97 #
Proposal for a regulation
Recital 51
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 thensure the effective access to certain types of social assistances specified in national law, for both refugees and beneficiaries of subsidiary protection, conditional on the effective participation of the beneficiary of in. While the basis of protection may result in a different status determinational protection in integration measures, there is no difference in the material needs of the individual protected.
Amendment 101 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATIONDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on standards for the qualification of third- country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection and for the content of the protection granted and amending Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents on standards for the qualification of third- country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection and for the content of the protection granted and amending Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents(This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 104 #
Proposal for a regulation
Recital 52
Recital 52
(52) Access to healthcare, including both physical and mental healthcare, and including sexual and reproductive healthcare, should be ensured to beneficiaries of international protection.
Amendment 104 #
Proposal for a regulation
Recital 1
Recital 1
(1) A number of substantive changes are to be made to Council Directive 2011/95/EU of 13 December 2011 on standards for the qualification of third- country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted31 (recast). To ensure harmonisation and more convergence in asylum decisions and as regards the content of international protection in order to reduce incentives to move within the European Union and ensure an equalityin order to achieve high common standards across the Member States and as regards the content of international protection in order to ensure an equality of high standards of treatment of beneficiaries of international protection that Directive should be repealed and replaced by a Regulation. _________________ 31cast. _________________ 31 OJ L 337, 20.12.2011, p. 9. OJ L 337, 20.12.2011, p. 9.
Amendment 106 #
Proposal for a regulation
Recital 53
Recital 53
(53) In order to facilitate the integration of beneficiaries of international protection into society, beneficiaries of international protection shall have free and effective access to integration measures, modalities to be set by the Member States. Member States may make the participation in suchIt should be recognised that not all beneficiaries of integrnation measures, such as language courses, civic integration courses, vocational training and other employment-related courses compulsoryal protection may be capable of participation in integration measures due to trauma they might have suffered.
Amendment 114 #
Proposal for a regulation
Recital 3
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.
Amendment 115 #
Proposal for a regulation
Recital 3 a (new)
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.
Amendment 118 #
Proposal for a regulation
Recital 4
Recital 4
(4) In its Communication of 6 April 2016,32 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 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 ensuring equally high standards across the European Union. 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. _________________ 32 COM (2016) 197 final. 33 EUCO 19.02.2016, SN 1/16.
Amendment 124 #
Proposal for a regulation
Recital 5
Recital 5
(5) For a well-functioning CEAS, including of the Dublin system, substantial progress should be made regarding the 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 status review 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, divergent practices regarding the duration of the residence permits should be avoided, and the rights granted to beneficiaries of international protection should be further clarified and harmonised in order to ensure that equally high standards of protection are achieved in all Member States.
Amendment 131 #
Proposal for a regulation
Recital 6
Recital 6
(6) A RegulationDirective is therefore necessary to ensure the implementation of equally high standards of protection and a more consistent level of harmonisation throughout the Union and to provide a higher degree of legal certainty and transparency.
Amendment 137 #
Proposal for a regulation
Recital 7
Recital 7
(7) The main objective of this RegulationDirective 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 those persons in all Member States.
Amendment 141 #
Proposal for a regulation
Recital 8
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 Regulatachieve a high level of protection standards throughout the Union.
Amendment 143 #
Proposal for a regulation
Recital 9
Recital 9
(9) This RegulationDirective 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.
Amendment 148 #
Proposal for a regulation
Recital 10
Recital 10
(10) Successful resettlement candidates should be granted international protection. Accordingly, the provisions of this RegulationDirective on the content of international protection should apply, including the rules to discourage secondary movement.
Amendment 152 #
Proposal for a regulation
Article 22 – paragraph 4
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.
Amendment 152 #
Proposal for a regulation
Recital 11
Recital 11
(11) This RegulationDirective respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union (the Charter). In particular this RegulationDirective 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's Articles relating to human dignity, respect for private and family life, 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, social security and social assistance, health care, and should therefore be implemented accordingly.
Amendment 153 #
Proposal for a regulation
Recital 12
Recital 12
(12) With respect to the treatment of persons falling within the scope of this RegulationDirective, Member States are bound by obligations under instruments of international law to which they are party, including in particular those that prohibit discrimination.
Amendment 155 #
Proposal for a regulation
Recital 13
Recital 13
(13) The resources of the Asylum, Migration and RefugeeIntegration Fund should be used to provide adequate support to Member States’ efforts in implementing the high standards set by the Regulation, in particularDirective, in particular in relation to promoting long- term integration of beneficiaries of international protection and to provide support to those Member States which are faced with specific and disproportionate pressureing challenges in ensuring high standards as part onf their asylum systems, due in particular to their geographical or demographic situation. To that end, adequate funding should 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.
Amendment 160 #
Proposal for a regulation
Recital 14
Recital 14
(14) The European Union Agency for Asylum should provide adequate support in the application of this RegulationDirective, 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 applying this Regulationtransposing and implementing this Directive, Member States' authorities should take into account operational standards, indicative guidelines, and best practices developed by the European Union Agency for Asylum [the Agency]. When assessing applications for international protection, Member States' authorities should take particular 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 _________________ 34 COM(2016)271 final. COM(2016)271 final.
Amendment 164 #
Proposal for a regulation
Recital 15
Recital 15
(15) When applying this RegulationDirective the ‘best interests of the child’ should be a primary consideration, in line with the 1989 United Nations Convention on the Rights of the Child. In assessing the best interests of the child, Member States' authorities should in particular take due account of the principle of family unity, the minor’s well-being and social development, safety and security considerations and the views of the minor in accordance with his or her age and maturity.
Amendment 167 #
Proposal for a regulation
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) For beneficiaries of refugee status, the residence permit shall have a period of validity of threat least five years and be renewable thereafter for periods of threat least five years.
Amendment 169 #
Proposal for a regulation
Recital 16
Recital 16
(16) The notion of family members should take into account 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 outside the country of origin, buteither before or after their arrival on the territory of the Member State.
Amendment 170 #
Proposal for a regulation
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) For beneficiaries of subsidiary protection status, the residence permit shall have a period of validity of onat least five years and be renewable thereafter for periods of twoat least five years.
Amendment 170 #
Proposal for a regulation
Recital 17
Recital 17
(17) This RegulationDirective is without prejudice to the Protocol on asylum for nationals of Member States of the European Union as annexed to the Treaty on European Union (TEU) and the TFEU.
Amendment 176 #
Proposal for a regulation
Recital 22
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.
Amendment 179 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
Amendment 179 #
Proposal for a regulation
Recital 23
Recital 23
(23) Protection can only 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 State by a State, where its authorities are willing and able to offer protection. Such protection should be effective and of a non- temporary nature.
Amendment 184 #
Proposal for a regulation
Recital 24
Recital 24
Amendment 191 #
Proposal for a regulation
Article 31 – paragraph 2
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 situationnationals.
Amendment 198 #
Proposal for a regulation
Recital 28
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 and sexual orientation, which may be related to 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. The applicant's well-founded fear of persecution may arise from the perception of them belonging to a particular social group, whether or not that is the reality.
Amendment 201 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 2
Article 34 – paragraph 1 – subparagraph 2
Amendment 204 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
Amendment 210 #
Proposal for a regulation
Recital 32
Recital 32
(32) Standards for the definition and content of subsidiary protection status should also be laid down. Subsidiary protection should be complementary and additional to the refugee protection enshrined in the Geneva Convention. While the basis for protection differs between refugee and subsidiary protection, the ongoing need for protection may be similar in duration.
Amendment 214 #
Proposal for a regulation
Recital 36
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 Union36 , determining authorities should not require the applicant to adduce evidence thaand the European Court of Human Rights, the required level of harm need not hbe is specifically targeted by reason of factors particular to his personal circumstancesequivalent to torture or inhuman or degrading treatment or punishment. However, 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 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 or origin or to the relevant part of country of origin, would, solely on account of his presence on the territory of that country or region, face a real risk of being subject to the serious threat. While the Union currently has no agreed legal definition of an environmentally displaced person, this does not preclude Member States providing protection to such persons under national law. _________________ 36 C-465/07.
Amendment 219 #
Proposal for a regulation
Article 37 – paragraph 1
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 situationnationals.
Amendment 220 #
Proposal for a regulation
Recital 37
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 RegulationDirective should comply with the rules laid down by Regulation (EC) No 1030/2002 and Council Regulation (EC) No 2252/2004 respectively.
Amendment 223 #
Proposal for a regulation
Recital 38
Recital 38
(38) Family members, due to their close relationship to the refugeebeneficiary of international protection, will normally be vulnerable to acts of persecution in such a manner that could be the basis for international protection. Provided they do not qualify for international protection, for the purpose of maintaining family unity, they shall be entitled to claim a residence permit and the same rights accorded to beneficiaries of international protection. Without prejudice to the provisions related to maintaining family unity in this RegulationDirective, where the situation falls within the scope of Directive 2003/86/EC on the right to family reunification and the conditions for reunification set out thereof are fulfilled, family members of the beneficiary of international protection who do not individually qualify for such protection should be granted residence permits and rights in accordance with that Directive. This RegulationDirective shall be applied without prejudice to Directive 2004/38/EC.
Amendment 226 #
Proposal for a regulation
Recital 39
Recital 39
(39) With a view to ascertaining whether beneficiaries of international protection are still in need of that protection, determining authorities shouldmay 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. COM(2016)271 final.
Amendment 227 #
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. In order to facilitate the integration of beneficiaries of international protection into society, beneficiaries of international protection shall have free and effective access to integration measures provided by the Member States, in particular language courses, civic orientation and integration programs and vocational training which take into account their specific needs.
Amendment 229 #
Amendment 232 #
Proposal for a regulation
Recital 40
Recital 40
(40) When assessing a change of circumstances in the third country concerned, the competent authorities of the Member States shall verify, having regard to the refugee’s individual situation of the beneficiary of international protection, that the actor or actors of protection in that country have taken reasonablenecessary steps to prevent the persecution, that they therefore operate, inter alia, an effective legal system for the detection, prosecution and punishment of acts constituting persecution and that the national concerned will have access to such protection, can safely gain admittance to the country and can reasonably be expected to settle there if the refugee status ceases to exist.
Amendment 239 #
Proposal for a regulation
Recital 42
Recital 42
Amendment 241 #
Proposal for a regulation
Recital 42
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 , as well as in accordance with Directive (EU) 2016/801 of the European Parliament and of the Council1a, and national rules; however, this does not imply any transfer of the international protection and related rights. _________________ 1a Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing,OJ L 132, 21.5.2016, p. 21–57. 38 Regulation 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. 39 Schengen 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.
Amendment 243 #
Proposal for a regulation
Recital 43
Recital 43
Amendment 244 #
Proposal for a regulation
Recital 43
Recital 43
(43) In order to prevent secondary movements within the European Union, bBeneficiaries 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 Regulation 41.Unaccompanied minors who are beneficiaries of international protection may only be taken back by the Member State responsible in accordance with the procedure laid down by Regulation [Dublin Regulation] provided that, following a multidisciplinary assessment of the child's best interests, it is demonstrated that this would be in the best interests of the child. _________________ 41 (EU)No [xxx/xxxx New Dublin Regulation].
Amendment 247 #
Proposal for a regulation
Recital 44
Recital 44
Amendment 248 #
Proposal for a regulation
Recital 44
Recital 44
Amendment 252 #
Proposal for a regulation
Recital 45
Recital 45
(45) The notion of national security and public order also covers cases in which a third-country national belongs to an association which supports international terrorism or supports such an association.
Amendment 255 #
Proposal for a regulation
Recital 46
Recital 46
(46) When deciding on entitlements to the benefits included in this RegulationDirective, the competent authorities should take due account of the best interests of the child, as well as of the particular circumstances of the dependency on the beneficiary of international protection of close relatives who are already present in the Member State and who are not family members of that beneficiary. In exceptional circumstances, where the close relative of the beneficiary of international protection is a married minor but not accompanied by his or her spouse, the best interests of the minor may be seen to lie with his or her original family.
Amendment 258 #
Proposal for a regulation
Recital 48
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 law
Amendment 262 #
Proposal for a regulation
Recital 49
Recital 49
(49) In order to enhance the effective exercise of the rights and benefits laid down in this RegulationDirective 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.
Amendment 273 #
Proposal for a regulation
Recital 51
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 thensure the effective access to certain types of social assistances specified in national law, for both refugees and beneficiaries of subsidiary protection, conditional on the effective participation of the beneficiary of in. While the basis of protection may result in a different status determinational protection in integration measures, there is no difference in the material needs of the individual protected.
Amendment 277 #
Proposal for a regulation
Recital 52
Recital 52
(52) Access to healthcare, including both physical and mental healthcare, and including sexual and reproductive healthcare, should be ensured to beneficiaries of international protection.
Amendment 285 #
Proposal for a regulation
Recital 53
Recital 53
(53) In order to facilitate the integration of beneficiaries of international protection into society, beneficiaries of international protection shall have free and effective access to integration measures, modalities to be set by the Member States. Member States may make the participation in suchIt should be recognised that not all beneficiaries of integrnation measures, such as language courses, civic integration courses, vocational training and other employment-related courses compulsoryal protection may be capable of participation in integration measures due to trauma they might have suffered.
Amendment 288 #
Proposal for a regulation
Recital 54
Recital 54
(54) The effective monitoring of the transposition and application of this RegulationDirective requires that it be evaluated at regular intervals.
Amendment 289 #
Proposal for a regulation
Recital 55
Recital 55
(55) In order to ensure uniform conditions for the implementation of the provisions of this RegulationDirective in respect of the form and content of the information to be provided, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers42 . _________________ 42 OJ L 55, 28.2.2011, p. 13. OJ L 55, 28.2.2011, p. 13.
Amendment 292 #
Proposal for a regulation
Recital 56
Recital 56
(56) Since the objectives of this RegulationDirective, namely to establish high standards for the granting of international protection to third-country nationals and stateless persons by Member States, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of this RegulationDirective, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the TEU. In accordance with the principle of proportionality, as set out in that Article, this RegulationDirective does not go beyond what is necessary in order to achieve those objectives
Amendment 293 #
Proposal for a regulation
Recital 57 – paragraph 1
Recital 57 – paragraph 1
[In accordance with Article 3 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, those Member States have notified their wish to take part in the adoption and application of this RegulationDirective]
Amendment 294 #
Proposal for a regulation
Recital 57 – paragraph 3
Recital 57 – paragraph 3
[In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, those Member States are not taking part in the adoption of this RegulationDirective and are not bound by it or subject to its application.]
Amendment 295 #
Proposal for a regulation
Recital 57 – paragraph 5
Recital 57 – paragraph 5
[(XX) In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, the United Kingdom is not taking part in the adoption of this RegulationDirective and is not bound by it or subject to its application.
Amendment 296 #
Proposal for a regulation
Recital 57 – paragraph 6
Recital 57 – paragraph 6
(XX) In accordance with Article 3 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Ireland has notified (, by letter of ...,) its wish to take part in the adoption and application of this RegulationDirective.]
Amendment 297 #
Proposal for a regulation
Recital 57 – paragraph 8
Recital 57 – paragraph 8
[(XX) In accordance with Article 3 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, the United Kingdom has notified (, by letter of ...,) its wish to take part in the adoption and application of this RegulationDirective.
Amendment 298 #
Proposal for a regulation
Recital 57 – paragraph 9
Recital 57 – paragraph 9
(XX) In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, Ireland is not taking part in the adoption of this RegulationDirective and is not bound by it or subject to its application.]
Amendment 299 #
Proposal for a regulation
Recital 58
Recital 58
(58) In accordance with Articles 1 and 2 of the Protocol (No 22) on the position of Denmark, annexed to the TEU and to the TFEU, Denmark is not taking part in the adoption of this RegulationDirective and is not bound by it or subject to its application,
Amendment 300 #
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
This RegulationDirective lays down standards for:
Amendment 302 #
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
For the purposes of this RegulationDirective the following definitions shall apply:
Amendment 305 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) ‘refugee’ means a third-country national who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion, gender, sexual orientation, gender identity, disability or membership of a particular social group, is outside the country of nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country, or a stateless person, who, being outside of the country of former habitual residence for the same reasons as mentioned , is unable or, owing to such fear, unwilling to return to it, and to whom Article 12 does not apply;
Amendment 308 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9 – introductory part
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 beneficiary of international protection who are present in the same Member State in relation to the application for international protectionterritory of the Member State:
Amendment 314 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9 – point b
Article 2 – paragraph 1 – point 9 – point b
(b) the minor children of the couples referred to in point (a) or of the 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;
Amendment 318 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9 – point c
Article 2 – paragraph 1 – point 9 – point c
(c) the father, mother or another adult responsible for the beneficiary of international protection whether by law or by the practice of the Member State concerned, when that beneficiary is a minor and unmarried;
Amendment 323 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9 – point c a (new)
Article 2 – paragraph 1 – point 9 – point c a (new)
(c a) the sibling or siblings of the beneficiary of international protection;
Amendment 324 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9 – point c b (new)
Article 2 – paragraph 1 – point 9 – point c b (new)
(c b) the father, mother, grandmother, grandfather, aunt or uncle of the beneficiary of international protection, regardless of whether the beneficiary of international protection was born in or out of wedlock or adopted as defined under national law;
Amendment 332 #
Proposal for a regulation
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
(15) 'subsequent application' means a further application for international protection made in any Member State after a final decision has been taken on a previous application, including where the applicant has explicitly withdrawn his or her application or where the determining authority has rejected an application as abandoned following its implicit withdrawal;
Amendment 333 #
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
(16) ‘determining authority’ means any judicial, quasi-judicial or administrative body in a Member State responsible for examining applications for international protection and competent to take decisions at first instance in such cases;
Amendment 336 #
Proposal for a regulation
Article 2 – paragraph 1 – point 19
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 RegulationDirective with a view to ensursafeguarding the best interests of the child and his or her general well-being and exercising legal capacity for the minor where necessary.
Amendment 340 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. This RegulationDirective applies to the qualification of third-country nationals or stateless persons as beneficiaries of international protection and to the content of the international protection granted.
Amendment 341 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. This RegulationDirective 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.
Amendment 343 #
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2 a. While there is no generally agreed definition of environmentally displaced person at the Union level, this does not preclude Member States providing protection to such persons under their own national law or practice.
Amendment 345 #
Proposal for a regulation
Article 4 – paragraph 1
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 The determining authority and the applicant shall cooperate throughout the procedure. The applicandt shallould remain present and available throughout the procedure. Where the applicant is not available at any point during the procedure due to extenuating circumstances, the specific reasons should be taken into account.
Amendment 353 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. TIn cooperation with the applicant, the determining authority shall assess the relevant elements of the application in accordance with Article 33 of Regulation (EU)XXX/XXX [Procedures regulation.]
Amendment 354 #
Proposal for a regulation
Article 4 – paragraph 4
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.
Amendment 357 #
Proposal for a regulation
Article 4 – paragraph 5 – introductory part
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 granted the benefit of the doubt where the following conditions are met:
Amendment 363 #
Proposal for a regulation
Article 4 – paragraph 5 – point b
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;
Amendment 364 #
Proposal for a regulation
Article 4 – paragraph 5 – point d
Article 4 – paragraph 5 – point d
Amendment 375 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 385 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
Amendment 389 #
Proposal for a regulation
Article 7 – paragraph 1 – point b – paragraph 1
Article 7 – paragraph 1 – point b – paragraph 1
Amendment 390 #
Proposal for a regulation
Article 7 – paragraph 1 – point b – paragraph 2
Article 7 – paragraph 1 – point b – paragraph 2
Amendment 397 #
Proposal for a regulation
Article 7 – paragraph 2
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 1State takes 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.
Amendment 403 #
Proposal for a regulation
Article 8
Article 8
Amendment 405 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
Amendment 407 #
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
Amendment 408 #
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
Amendment 410 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 414 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 417 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 422 #
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) it is sufficiently serious by its nature or repetition as to constitute a severe violation of basic human rights, in particular the rights from which derogation cannot be made under Article 15(2) of the European Convention for the Protection of Human Rights and Fundamental Freedoms; or
Amendment 435 #
Proposal for a regulation
Article 10 – paragraph 1 – point d – introductory part
Article 10 – paragraph 1 – point d – introductory part
(d) the concept of membership of a particular social group shall include, in particular, a group where:
Amendment 437 #
Proposal for a regulation
Article 10 – paragraph 1 – point d – indent 1
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, andor
Amendment 462 #
Proposal for a regulation
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) he or she falls within the scope of Article 1(D) of the Geneva Convention, relating to protection or assistance from organs or agencies of the United Nations other than the United Nations High Commissioner for Refugees. When such protection or assistance has ceased for any reason, without the position of such persons being definitely settled in accordance with the relevant resolutions adopted by the General Assembly of the United Nations, those persons shall ipso facto be entitled to the benefits of this RegulationDirective;
Amendment 464 #
Proposal for a regulation
Article 12 – paragraph 2 – introductory part
Article 12 – paragraph 2 – introductory part
2. A third-country national or a stateless person shallmay be excluded from being a refugee where there are serious reasons for considering that:
Amendment 470 #
Proposal for a regulation
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3a. The exclusion clauses referred to in paragraph 2 shall not apply to minors.
Amendment 473 #
Proposal for a regulation
Article 12 – paragraph 3 b (new)
Article 12 – paragraph 3 b (new)
3b. All persons affected by the exclusion grounds referred to in paragraph 2 shall have access to an effective remedy against the decision.
Amendment 475 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
Amendment 478 #
Amendment 482 #
Proposal for a regulation
Article 12 – paragraph 5 – point b
Article 12 – paragraph 5 – point b
Amendment 488 #
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
Amendment 493 #
Proposal for a regulation
Article 14 – paragraph 1 – point c
Article 14 – paragraph 1 – point c
(c) his or her misrepresentation or omission of facts, including the use of false documents relevant to the merits of the application for international protection, was decisive for the granting of refugee status;
Amendment 495 #
Proposal for a regulation
Article 14 – paragraph 1 – point d
Article 14 – paragraph 1 – point d
Amendment 501 #
Proposal for a regulation
Article 14 – paragraph 1 – point e
Article 14 – paragraph 1 – point e
Amendment 503 #
Proposal for a regulation
Article 14 – paragraph 1 – point f
Article 14 – paragraph 1 – point f
Amendment 508 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
Amendment 511 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 518 #
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. Decisions of the determining authority revoking, ending or refusing to renew refugee status pursuant to point (a) of paragraph 1 shall only take effect threnine 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.
Amendment 522 #
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
In order to apply Article 14(1), the determining authority shall review the refugee status in particularand without prejudice of the right of the beneficiary of international protection to appeal against a decision of the determining authority in line with Articles 14 to 17 of Regulation (EU)XXX/XXX [Procedures Regulation], the determining authority may, where necessary and proportionate and having regard to the individual circumstances of the beneficiary of international protection, review the refugee status:
Amendment 529 #
Proposal for a regulation
Article 15 – paragraph 1 – point a
Article 15 – paragraph 1 – point a
Amendment 535 #
Proposal for a regulation
Article 15 – paragraph 1 – point b
Article 15 – paragraph 1 – point b
Amendment 548 #
Proposal for a regulation
Article 16 – paragraph 1 – point c
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.
Amendment 552 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. AWithout prejudice of the right of the beneficiary of international protection to appeal against a decision of the determining authority in line with Articles 14 to 17 of Regulation (EU)XXX/XXX [Procedures Regulation], 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.
Amendment 560 #
Proposal for a regulation
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. AWithout prejudice of the right of the beneficiary of international protection to appeal against a decision of the determining authority in line with Articles 14 to 17 of Regulation (EU)XXX/XXX [Procedures Regulation], a third-country national or a stateless person shallmay be excluded from being eligible for subsidiary protection where there are serious reasons for considering that:
Amendment 570 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Points (a) to (d) of paragraph 1 shallmay apply to persons who incite or otherwise participate in the commission of the crimes or acts mentioned therein.
Amendment 573 #
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. The exclusion clauses of paragraph 1 shall not apply to minors.
Amendment 574 #
Proposal for a regulation
Article 18 – paragraph 2 b (new)
Article 18 – paragraph 2 b (new)
2b. All persons affected by the exclusion grounds referred to in paragraph 1 shall have access to an effective remedy against the decision.
Amendment 579 #
Proposal for a regulation
Article 20 – paragraph 1 – introductory part
Article 20 – paragraph 1 – introductory part
1. The determining authority shallmay revoke, end or refuse to renew the subsidiary protection status of a third- country national or a stateless person where :
Amendment 581 #
Proposal for a regulation
Article 20 – paragraph 1 – point c
Article 20 – paragraph 1 – point c
(c) his or her misrepresentation or omission of facts, including the use of false documents, relevant to the merits of the application for international protection was decisive for the granting of subsidiary protection status;
Amendment 582 #
Proposal for a regulation
Article 20 – paragraph 1 – point d
Article 20 – paragraph 1 – point d
Amendment 589 #
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Decisions of the determining authority revoking, ending or refusing to renew subsidiary protection status pursuant to paragraph 1 (a) shall only take effect threnine 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.
Amendment 593 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
In order to apply Article 20(1), the determining authority shall review the subsidiary protection status in particularand without prejudice of the right of the beneficiary of subsidiary protection to appeal against a decision of the determining authority in line with Articles 14 to 17 of Regulation (EU)XXX/XXX [Procedures Regulation], the determining authority may, where necessary and proportionate and having regard to the individual circumstances of the beneficiary of subsidiary protection, review the subsidiary protection status.
Amendment 599 #
Proposal for a regulation
Article 21 – paragraph a
Article 21 – paragraph a
Amendment 603 #
Proposal for a regulation
Article 21 – paragraph b
Article 21 – paragraph b
Amendment 612 #
Proposal for a regulation
Article 22 – paragraph 4
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.
Amendment 619 #
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1
Article 23 – paragraph 2 – subparagraph 1
Amendment 620 #
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1 – point a
Article 23 – paragraph 2 – subparagraph 1 – point a
Amendment 622 #
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1 – point b
Article 23 – paragraph 2 – subparagraph 1 – point b
Amendment 625 #
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 2
Article 23 – paragraph 2 – subparagraph 2
Amendment 629 #
Proposal for a regulation
Article 24 – paragraph 1
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 theany consequences of not complying with the obligations outlined in Article 28 on movement within the Union.
Amendment 632 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
The form and content of that information shall be determined by the Commission by means of implementingdelegated acts adopted in accordance with the examination procedure referred to in Article 589 (1) of Regulation (EU)XXX/XXX [Procedures regulation.].
Amendment 641 #
Proposal for a regulation
Article 25 – paragraph 4
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.
Amendment 646 #
Proposal for a regulation
Article 25 – paragraph 6
Article 25 – paragraph 6
6. Member States may decide thatshall apply this article also applies 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.
Amendment 653 #
Proposal for a regulation
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) For beneficiaries of refugee status, the residence permit shall have a period of validity of threat least five years and be renewable thereafter for periods of threat least five years.
Amendment 665 #
Proposal for a regulation
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) For beneficiaries of subsidiary protection status, the residence permit shall have a period of validity of onat least five years and be renewable thereafter for periods of twoat least five years.
Amendment 671 #
Proposal for a regulation
Article 26 – paragraph 2 – point b
Article 26 – paragraph 2 – point b
Amendment 674 #
Proposal for a regulation
Article 26 – paragraph 2 – point c
Article 26 – paragraph 2 – point c
(c) where compelling reasons of national security or public order so require.
Amendment 679 #
Proposal for a regulation
Article 26 – paragraph 3
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 threnine month period referred to in those provisions.
Amendment 683 #
Proposal for a regulation
Article 27 – paragraph 1
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)
Amendment 687 #
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.
Amendment 690 #
Proposal for a regulation
Article 27 – paragraph 3
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.
Amendment 694 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
Amendment 696 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
Amendment 698 #
Proposal for a regulation
Article 29 – paragraph 1
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, including Council Directive 2009/50/EC1a or Directive (EU) 2016/801 of the European Parliament and of the Council 1b, and national law and their right to move freely in accordance with the conditions of Article 21 of the Convention Implementing the Schengen Agreement. _________________ 1aCouncil Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment, OJ L 155, 18.6.2009, p. 17– 29. 1b Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing, OJ L 132, 21.5.2016, p. 21–57.
Amendment 700 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
Amendment 702 #
Proposal for a regulation
Article 29 – paragraph 2 a (new)
Article 29 – paragraph 2 a (new)
Amendment 710 #
Proposal for a regulation
Article 31 – paragraph 2
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 situationnationals.
Amendment 720 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 2
Article 34 – paragraph 1 – subparagraph 2
Amendment 724 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
Amendment 739 #
Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 1
Article 36 – paragraph 1 – subparagraph 1
As soon as possible after international protection is granted and within five working days at the latest, 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.
Amendment 743 #
Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 2
Article 36 – paragraph 1 – subparagraph 2
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 RegulationDirective.
Amendment 745 #
Proposal for a regulation
Article 36 – paragraph 3 – subparagraph 1 – point c
Article 36 – paragraph 3 – subparagraph 1 – point c
(c) in open centres specialised in accommodation for minors, which take account of their vulnerability and ensures their safety;
Amendment 746 #
Proposal for a regulation
Article 36 – paragraph 3 – subparagraph 1 – point d
Article 36 – paragraph 3 – subparagraph 1 – point d
(d) in other open accommodation suitable for minors which take account of their vulnerability and ensures their safety.
Amendment 753 #
Proposal for a regulation
Article 37 – paragraph 1
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 situationnationals.
Amendment 760 #
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. In order to facilitate the integration of beneficiaries of international protection into society, beneficiaries of international protection shall have free and effective access to integration measures provided by the Member States, in particular language courses, civic orientation and integration programs and vocational training which take into account their specific needs.
Amendment 765 #
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
Amendment 774 #
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
Authorities and other organisations applying the provisions of this RegulationDirective shall have received or shall receive the necessary training and shall be bound by the confidentiality principle, as defined in national law, in relation to any information they obtain in the course of their work.
Amendment 775 #
Proposal for a regulation
Article 42 a (new)
Article 42 a (new)
Amendment 776 #
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
By no later than two years from entry into force of this Regulationthe deadline for transposition of this Directive and every fivthree years thereafter, the Commission shall report to the European Parliament and the Council on the application of this RegulationDirective and shall, where appropriate, propose the necessary amendments.
Amendment 777 #
Proposal for a regulation
Article 44
Article 44
Article 4
paragraph 3
Amendment to Directive 2003/109/EU 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.’ ‘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.’rticle 44 deleted
Amendment 779 #
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
Article 4
paragraph 3
Amendment 781 #
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
Article 4
paragraph 3
Amendment 786 #
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
Article 4
paragraph 3
Amendment 788 #
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
article 4
paragraph 3
Amendment 789 #
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
article 4
paragraph 3
Amendment 790 #
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
article 4
paragraph 3
Amendment 792 #
Proposal for a regulation
Article 45 – paragraph 1
Article 45 – paragraph 1
Directive 2011/95/EC is repealed with effect from the date of entry into force of this RegulationDirective. References to the repealed Directive should be construed as references to this RegulationDirective and shall be read in accordance with the correlation table in Annex II.
Amendment 793 #
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
This RegulationDirective shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Amendment 794 #
Proposal for a regulation
Article 46 – paragraph 2
Article 46 – paragraph 2
Amendment 796 #
Proposal for a regulation
Article 46 – paragraph 3
Article 46 – paragraph 3
Amendment 798 #
Proposal for a regulation
Annex I a (new)
Annex I a (new)