2016/0222(COD) Reception Conditions Directive
Lead committee dossier:
Progress: Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | LIBE |
IN 'T VELD Sophia ( Renew)
|
DÜPONT Lena ( EPP),
ENGERER Cyrus ( S&D),
CARÊME Damien ( Verts/ALE),
BERG Lars Patrick ( ECR),
JAKI Patryk ( ECR),
ERNST Cornelia ( GUE/NGL)
|
| Former Responsible Committee | LIBE | ||
| Committee Opinion | AFET | ||
| Committee Opinion | EMPL | ||
| Former Committee Opinion | AFET | ||
| Former Committee Opinion | EMPL | ||
| Committee Recast Technique Opinion | JURI | ||
| Fromer Committee Recast Technique Opinion | JURI |
Lead committee dossier:
Legal Basis:
TFEU 078-p2
Legal Basis:
TFEU 078-p2Events
2024/05/22
Final act published in Official Journal
2024/05/14
CSL - Draft final act
Documents
2024/05/14
EP/CSL - Act adopted by Council after Parliament's 1st reading
2024/05/14
CSL - Final act signed
2024/04/10
EP - Debate in Parliament
Documents
2024/04/10
EP - Decision by Parliament, 1st reading
Details
The European Parliament adopted by 398 votes to 162, with 60 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council laying down standards for the reception of applicants for international protection (recast).
The European Parliament's position adopted at first reading under the ordinary legislative procedure amends the Commission's proposal as follows:
The proposed Directive lays down standards for the reception of applicants for international protection in Member States. It applies to all third-country nationals and stateless persons who make an application for international protection on the territory, including at the external border, in
the territorial sea or in the transit zones of the Member States, provided that those third-country nationals and stateless persons are allowed to remain on the territory as applicants. The Directive also applies to family members of an applicant provided that those family members are covered by such an application for international protection in accordance with national law.
Reception conditions
Member States should provide applicants with information relating to the reception conditions set out in this Directive, including information specific to their reception systems, as soon as possible and in good time in order to effectively enable applicants to benefit from the rights and comply with the obligations provided for in this Directive. This information should be provided as soon as possible and no later than three days from the making of the application and be written in a concise, transparent, intelligible and easily accessible form, using clear and plain language and in a language that the applicant understands or is reasonably supposed to understand. In the case of an unaccompanied minor, Member States should provide the information in an age-appropriate manner.
Organisation of reception systems
Member States may freely organise their reception systems in accordance with this Directive. Applicants may move freely within the territory of the Member State concerned. Provided that all applicants benefit effectively from their rights under this Directive, Member States may allocate applicants to accommodation within their territory in order to manage their asylum and reception systems. When allocating or re-allocating applicants to accommodation, Member States should take into account objective factors, including family unity and applicants' special reception needs.
The provision of material reception conditions by Member States may be made subject to the actual residence by the applicants in the accommodation to which they have been allocated. Member States should require applicants to provide the competent authorities with their current address, a telephone number where they may be reached and, if available, an electronic mail address.
Member States may allocate applicants to a geographical area within their territory in which they are able to move freely, for the duration of the procedure for international protection.
Restrictions of freedom of movement
Where necessary, Member States may decide that an applicant is allowed to reside only in a specific place that is adapted for housing applicants, for reasons of public order or to effectively prevent the applicant from absconding, where there is a risk of absconding. Where necessary, Member States may require applicants to report to the competent authorities at a specified time or at reasonable intervals.
Detention
Member States should not hold a person in detention for the sole reason that that person is an applicant or on the basis of the nationality of that applicant. The detention should be based only on one or more of the grounds for detention set out in national law. The detention of applicants should be ordered in writing by judicial or administrative authorities. The detention order should state the reasons in fact and in law on which it is based as well as why less coercive alternative measures cannot be applied effectively.
Where the detention of applicants with special reception needs would put their physical and mental health at serious risk, those applicants should not be detained. As a general rule, minors should not be detained . They should be placed in suitable accommodation.
Where unaccompanied minors are detained, they should be accommodated in facilities adapted to the housing of unaccompanied minors. Such facilities should be provided with staff qualified to safeguard the rights of unaccompanied minors and attend to their needs.
Protecting minors
Member states must ensure every unaccompanied minor is assigned a guardian as soon as possible and no later than 15 days after their lodging an application for international protection. Member States should ensure that the person suitable to provisionally act as a representative is immediately informed when an application for international protection is made by an unaccompanied minor of any relevant facts pertaining to that minor.
Victims of torture and violence
Member States should ensure that persons who have been subjected to trafficking in human beings, torture, rape or other serious acts of psychological, physical or sexual violence, including violence committed with a sexual, gender, racist or religious motive, are provided with necessary medical and psychological treatment and care, including rehabilitation services and counselling where necessary, for the damage caused by such acts.
Reception of asylum seekers
Member States should guarantee equivalent standards of reception for asylum seekers. These standards will concern, for example, housing, education and healthcare. To help enhance applicants' integration prospects they will get access to language courses , civic education courses or vocational training courses. Moreover, children should enter into the school system at the latest two months after arrival.
Documents
2024/02/14
EP - Approval in committee of the text agreed at 1st reading interinstitutional negotiations
Documents
2024/02/08
CSL - Coreper letter confirming interinstitutional agreement
Documents
2020/01/30
FR_ASSEMBLY - Contribution
Documents
2019/10/21
EP - Committee referral announced in Parliament, 1st reading
2019/09/04
EP - IN 'T VELD Sophia (Renew) appointed as rapporteur in LIBE
2017/06/09
CSL - Debate in Council
Documents
2017/06/09
CSL - Council Meeting
2017/05/17
EP - Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71)
2017/05/15
EP - Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
2017/05/10
EP - Committee report tabled for plenary, 1st reading/single reading
Details
The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Sophia in ‘t VELD (ADLE, NL) on the proposal for a directive of the European Parliament and of the Council laying down standards for the reception of applicants for international protection (recast).
The committee recommended that Parliament adopt its position in first reading bearing in mind the opinion of the consultative working party of the legal services of the European Parliament, the Council and the Commission. However, it submitted amendments to the proposal for a recast:
Restrictions on reception conditions of asylum seekers in case of secondary movements : Members did not subscribe the Commission position, which envisaged a stricter stance towards applicants who try and move illegally to another Member State. They proposed to strengthen measures related to information given to applicants, including details of the circumstances under which the granting of material reception conditions may be restricted, and the reduction of any benefits in such cases.
The report sets out, rather, the circumstances under which applicants can travel to another Member States legally, for example, for medical reasons pertaining to family. In such cases, Member States should supply the applicants concerned with a travel document limited to the purpose or duration needed for the reason for which it is issued.
In any event, any restriction on the applicant's freedom of movement should be adopted only as a measure of last resort and should be based on the decision by a judicial authority, which takes into account the individual behaviour and particular situation of the person concerned , including any specific reception needs of applicants and the principles of necessity and proportionality. Applicants should be provided with the possibility of an appeal or review against such decisions.
Specific reception conditions : Members recalled that the overall objective of the directive is to establish common standards for reception conditions to help to limit the secondary movements of applicants in the Union. They stressed that Member States should in all circumstances ensure access to health care and an adequate standard of living for applicants. Due regard must also be given to applicants with specific reception needs, such as children, and applicants who have experienced sexual or gender-based violence, in particular women, (including appropriate trauma counselling and psycho-social care).
Members also amended the terminology used to set out the daily allowance which should ensure an adequate standard of living for applicants and not ‘dignified’ as stated in the proposal ensuring that applicants have access to the necessary food, clothing, housing, education, health care and social services for their well-being and that of their family.
Conditions of work and access to employment : Members wanted to see clear rules concerning applicants’ access to the labour market, so that such access is effective, by not imposing conditions, including sector restrictions, working time restrictions or unreasonable administrative formalities, that effectively hinder an applicant from seeking employment. Member States should also take effective steps to ensure that the entry of applicants for international protection into the labour market is not achieved through a lowering of applicable salaries, which could then lead to wage dumping practices . Members proposed particularly that access to the labour market should be provided to the applicant no later than two months from the date when the application for international protection was made.
It should be noted, however, that for reasons of labour market policies, and especially regarding youth unemployment levels, a vacancy could be filled, through preferential access, by nationals of the Member State concerned or by other Union citizens.
Applicants who have been granted access to the labour market should be allowed to apply for an EU Blue Card under the relevant Union legislation. Applicants who have been granted access to the labour market should also be allowed to apply for a residence permit for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing under the relevant Union legislation.
Measures limiting the risk of absconding : Members set out a clearer framework for situations where there is a risk of an applicant absconding. Accordingly, where there are reasons to believe that an applicant is at serious risk of absconding, Member States may where necessary, proportionate and duly justified require applicants to report to the competent authorities in person, either immediately or at a future date, as frequently as necessary but not more than once a working day, in order to monitor that the applicant does not abscond. Applicants should also be able to appeal against decisions requiring them to report to the competent authorities.
Detention : detention should be adopted only as a measure of last resort and any decision imposing detention should contain a reference to the consideration of the available alternatives and the reasons why they could not be applied effectively. Where an applicant is held in detention he or she should have effective access to the necessary procedural guarantees, such as judicial remedy and the right to free legal assistance and representation . The detention shall not be punitive in nature. Where, as a result of the judicial review, detention is held to be unlawful, the applicant concerned shall be released immediately.
In addition, where detention would put at risk their physical and psychological integrity, applicants with specific reception needs shall not be detained.
In the same way, any detention or confinement of children , whether accompanied by family members or not, must be forbidden since it contravenes the best interests of the child.
Integration measures : Members recalled that language skills are indispensable in order to ensure that applicants have an adequate standard of living. Learning the official language or one of official languages of the Member State concerned would increase self-reliance and the chance of integration in the host society. It also constitutes a deterrent against secondary movements. Effective access to language courses should therefore be granted to all applicants from the date on which their application for international protection is made.
Member States shall use their best endeavours to provide adequate training on employment legislation and non-discrimination to applicants and to authorities, in order to avoid exploitation in the workplace by means of undeclared work practices and other forms of severe labour exploitation, and to avoid discrimination. Members also provided for professional training for applicants.
Procedural guarantees : the report strengthened the procedural guarantees for applicants. Amongst other things, it proposed that legal advisers shall provide free legal assistance and representation or other suitably qualified persons as admitted or permitted under national law to assist or represent the applicants, whose interests do not conflict or could not potentially conflict with those of the applicant. Such persons may include non-governmental organisations accredited under national law.
In situations of disproportionate pressure, each Member State shall draw up a contingency plan setting out the planned measures to be taken to ensure an adequate reception of applicants for international protection.
Members proposed that necessary training be provided with adequate funding from the Asylum Migration and Integration Fund by means of national programmes. Such training places should place particular importance on active identification of specific reception needs (the Age Gender and Diversity Approach) and adequate prevention and response activities with respect to sexual and gender-based violence and bias-motivated violence.
Charter of Fundamental Rights : the committee made a stronger link between the proposal and the Charter. Member States should apply the definition of ‘family member’ in accordance with the Charter and bear in mind different circumstances of dependency and the special attention to be accorded to the best interests of the child.
Assessment and reports : lastly, Members provided for more regular implementation reports for Parliament and Council (annual report rather than every three years).
Documents
2017/05/10
EP - Committee report tabled for plenary, 1st reading
Documents
2017/04/25
EP - Vote in committee, 1st reading
2017/04/25
EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2017/04/12
EP - Committee opinion
Documents
2017/02/08
CofR - Committee of the Regions: opinion
Documents
2017/01/18
EP - Committee draft report
Documents
2016/12/09
CSL - Council Meeting
2016/11/14
DE_BUNDESRAT - Contribution
Documents
2016/10/27
CZ_SENATE - Contribution
Documents
2016/10/14
CSL - Debate in Council
Documents
2016/10/14
CSL - Council Meeting
2016/10/12
RO_CHAMBER - Contribution
Documents
2016/10/10
CZ_CHAMBER - Contribution
Documents
2016/09/15
EP - Committee referral announced in Parliament, 1st reading
2016/07/13
EC - Legislative proposal published
Details
PURPOSE: to recast the Directive laying down standards for the reception of applicants for international protection (recast).
PROPOSE ACT: Directive of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: the Common European Asylum System is based on rules determining the Member State responsible for applicants for international protection , common standards for asylum procedures, reception conditions, the recognition and protection of beneficiaries of international protection.
Notwithstanding the significant progress that has been made in the development of the Common European Asylum System (CEAS), there are still notable differences between the Member States in 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 contribute to secondary movements and asylum shopping, create pull factors, and ultimately lead to an uneven distribution among the Member States of the responsibility to offer protection to those in need.
Recent large scale arrivals have shown that Europe needs an effective and efficient asylum system able to assure a fair and sustainable sharing of responsibility between Member States and to ensure the quality of the decisions made.
Against this backdrop, the Commission presented a first set of proposals to reform the Common European Asylum System delivering on three priorities identified in its Communication:
establishing a sustainable and fair Dublin system for determining the Member State responsible for examining asylum applications, reinforcing the Eurodac system to better monitor secondary movements and facilitate the fight against irregular migration, establishing a genuine European Union Agency for Asylum to ensure the well-functioning of the European asylum system.
With the second package, the Commission is completing the reform of the Common European Asylum System by adopting four additional proposals:
a proposal replacing the Asylum Procedures Directive with a Regulation , harmonising the current disparate procedural arrangements in all Member States and creating a genuine common procedure; a proposal replacing the Qualification Directive with a Regulation , setting uniform standards for the recognition of persons in need of protection and the rights granted to beneficiaries of international protection; this proposal revising the Reception Conditions Directive; a structured Union resettlement framework , moving towards a more managed approach to international protection within the EU.
CONTENT: the proposed Reception Conditions Directive provides for minimum harmonisation of standards for the reception of applicants for international protection in the EU. Reception conditions however 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.
This has contributed to secondary movements and has put pressure on certain Member States in particular.
In view of this, this proposal aims to:
1. Further harmonisation of reception conditions in the EU : This will both ensure that the treatment of applicants is dignified across the EU, in accordance with fundamental rights and rights of the child, and to reduce secondary movements of migrants.
The main amendments of the new measure concern:
scope : the Reception Conditions Directive continues to apply to all third-country nationals and stateless persons who make an application for international protection on the territory of any of the Member States, as long as they are allowed to remain on the territory as applicants and as soon as the application is made. An exception is introduced for cases where an applicant is irregularly present in another Member State than the one in which he or she is required to be present. In this situation, he or she is not entitled to material reception conditions, schooling and education of minors as well as employment and vocational training. The proposal clarifies that applicants will however always be entitled to health care and to a dignified standard of living, in accordance with fundamental rights , to cover the applicant's subsistence and basic needs both in terms of physical safety, dignity and interpersonal relationships. However, in order to ensure respect for the fundamental rights of the child, Member States should provide minors with access to suitable educational activities pending the transfer to the Member State responsible. The proposal makes it clear that the right to a dignified treatment applies also in cases where a Member State, in duly justified cases, is exceptionally applying different standards of material reception conditions from the one required by the Reception Conditions Directive. the definition of family members : this is extended by including family relations which were formed after leaving the country of origin but before arrival on the territory of the Member State. This reflects the reality of migration today where applicants often stay for long periods of time outside their country of origin before reaching the EU, such as in refugee camps; indicators : the proposal requires Member States to take into account operational standards and indicators on reception conditions currently being developed by European Asylum Support Office; urgent situations : the proposal obliges Member States to draw up, and regularly update, contingency plans setting out the measures foreseen to be taken to ensure adequate reception of applicants in cases where the Member State is confronted with a disproportionate number of applicants. The proposal also requires the Member States to inform the Commission and the European Union Agency for Asylum whenever their contingency plan is activated; particular needs of certain applicants : the proposal clarifies that persons with special reception needs are persons who are in need of special guarantees in order to benefit from the rights and comply with the obligations provided for in the Reception Conditions Directive, regardless of whether these persons are considered vulnerable. The proposal also includes more detailed rules for assessing, determining, documenting and addressing applicants' special reception needs as soon as possible and throughout the reception period (e.g. a doctor or a psychologists); provisions concerning the guardian of unaccompanied minors : the proposal introduces stricter time limits, within five working days from the moment the application was made, for the Member States to assign a guardian to represent and assist an unaccompanied minor.
2. Reducing reception-related incentives for secondary movements within the EU : to ensure an orderly management of migration flows, facilitate the determination of the Member State responsible and to prevent secondary movements, it is essential that the applicants remain in the Member State which is responsible for them and do not abscond. The introduction of more targeted restrictions to the applicants' freedom of movement and strict consequences when such restrictions are not complied with will contribute to more effective monitoring of the applicants' whereabouts .
Further harmonisation of possibilities to assign a specific place of residence to applicants, to impose reporting obligations and to provide material reception conditions only in kind is also necessary to create a more predictable situation for applicants, to ensure that they are accounted for regardless of which Member State they are present in and to deter them from absconding.
This applies in particular in three situations namely where:
the applicant did not make an application for international protection in the Member State of first irregular entry or legal entry; the applicant has absconded from the Member State in which he or she is required to be present 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.
The proposal requires Member States to inform applicants, using a common template , as soon as possible and at the latest when they lodge their application, of any benefits and obligations, which applicants must comply with in relation to reception conditions, including the circumstances under which the granting of material reception conditions may be restricted (for example, if they abscond).
The proposal underlines that:
all decisions restricting an applicant's freedom of movement need to be based on the particular situation of the person concerned, taking into account any special reception needs of applicants and the principle of proportionality; Member States should only provide applicants with a travel document when serious humanitarian reasons arise. Travel documents should not be issued outside of these exceptional circumstances.
Other measures are included such as:
enlarging material reception conditions to include sanitary items; limit daily allowances in certain circumstances; altering the form of material reception conditions. These may be scaled back or altered where the applicant has: seriously breached the rules of the accommodation centre or behaved in a seriously violent way; not complied with the obligation to apply for international protection in the Member State of first irregular entry or of legal entry; in case an applicant has been assigned a specific place of residence but has not complied with this obligation, and where there is a continued risk that the applicant may abscond, the applicant may be detained in order to ensure the fulfilment of the obligation to reside in a specific place. All the guarantees already provided for in the current Reception Conditions Directive regarding detention remain unchanged.
3. Increase applicants' self-reliance and possible integration prospects : except for those whose applications are likely to be rejected, applicants should, as quickly as possible, be allowed to work and earn their own money, even whilst their applications are being processed. The time-limit for access to the labour market should therefore be reduced from no later than nine months to no later than six months from the lodging of the application.
Further limiting the current wide discrepancies between Member States' rules on access to the labour market is also essential in order to reduce employment-related asylum-shopping and incentives for secondary movements.
It is proposed that, once granted access to the labour market, applicants should be entitled to a common set of rights based on equal treatment with nationals of the Member State similarly as other third-country nationals who are working in the Union. It has been specifically stated that the right to equal treatment does not give rise to a right to reside in cases where the applicants' application for international protection has been rejected.
Working conditions referred to in the proposal cover at least pay and dismissal, health and safety requirements at the workplace, working time and leave, taking into account collective agreements in force.
The proposal makes it possible to limit equal treatment concerning education and vocational training to such education and training directly linked to a specific employment activity. The proposal also makes it possible to limit applicants' equal treatment with regard to family benefits and unemployment benefits .
Implementation and monitoring : the Commission shall report on the application of this Directive to the European Parliament and to the Council within three years from its entry into force and every five years after that.
Territorial provisions : the participation of the United Kingdom and Ireland will be determined in the course of the negotiations and in accordance with 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 (TEU) and the TFEU.
Denmark shall not be subject to its application.
Documents
Documents
- Draft final act: 00069/2023/LEX
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 1st reading: T9-0186/2024
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: GEDA/A/(2024)000945
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)000945
- Contribution: COM(2016)0465
- Debate in Council: 3545
- Committee report tabled for plenary, 1st reading/single reading: A8-0186/2017
- Committee report tabled for plenary, 1st reading: A8-0186/2017
- Committee opinion: PE599.692
- Committee of the Regions: opinion: CDR5807/2016
- Committee draft report: PE593.978
- Contribution: COM(2016)0465
- Contribution: COM(2016)0465
- Debate in Council: 3490
- Contribution: COM(2016)0465
- Contribution: COM(2016)0465
- Legislative proposal published: COM(2016)0465
- Legislative proposal published: EUR-Lex
- Committee draft report: PE593.978
- Committee of the Regions: opinion: CDR5807/2016
- Committee opinion: PE599.692
- Committee report tabled for plenary, 1st reading/single reading: A8-0186/2017
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)000945
- Draft final act: 00069/2023/LEX
- Contribution: COM(2016)0465
- Contribution: COM(2016)0465
- Contribution: COM(2016)0465
- Contribution: COM(2016)0465
- Contribution: COM(2016)0465
Votes
A8-0186/2017 – Sophia in 't Veld – Request to vote on the amendments to the draft legislative act #
2024/04/10 Outcome: -: 485, +: 131, 0: 5
ID
NI
The Left
PPEA8-0186/2017 – Sophia in 't Veld – Provisional agreement – Am 146 #
2024/04/10 Outcome: +: 398, -: 162, 0: 60
| Amendments | Dossier |
| 652 |
2016/0222(COD)
2017/02/23
LIBE
492 amendments...
Amendment 100 #
Proposal for a directive Recital 28 (28) When deciding on housing arrangements, Member States should take due account of the best interests of the child, as well as of the particular circumstances of any applicant who is dependent on family members
Amendment 101 #
Proposal for a directive 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.
Amendment 102 #
Proposal for a directive 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 103 #
Proposal for a directive Recital 31 (31) Member States should ensure that applicants receive the necessary health care which should include
Amendment 104 #
Proposal for a directive 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 105 #
Proposal for a directive Recital 32 (32)
Amendment 106 #
Proposal for a directive Recital 32 (32) An applicant's entitlement to material reception conditions under this Directive
Amendment 107 #
Proposal for a directive Recital 32 (32)
Amendment 108 #
Proposal for a directive Recital 32 a (new) (32a) Violence that is directed against a person because of that person's gender, gender identity or gender expression or that affects persons of a particular gender disproportionately, is understood as gender-based violence. It may result in physical, sexual, emotional or psychological harm, or economic loss, to the victim. Gender-based violence is understood to be a form of discrimination and a violation of the fundamental freedoms of the victim and includes violence in close relationships, sexual violence (including rape, sexual assault and harassment), trafficking in human beings, slavery, and different forms of harmful practices, such as forced marriages, female genital mutilation and so-called 'honour crimes'. Women victims of gender-based violence and their children often require special support and protection because of the high risk of secondary and repeat victimisation, of intimidation and of retaliation connected with such violence.
Amendment 109 #
Proposal for a directive Recital 33 Amendment 110 #
Proposal for a directive Recital 33 (33) The
Amendment 111 #
Proposal for a directive Recital 33 (33) The scope of the definition of family member should reflect the reality of current migratory trends, according to which applicants often arrive to the territory of the Member States after a
Amendment 112 #
Proposal for a directive 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.
Amendment 113 #
Proposal for a directive 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
Amendment 114 #
Proposal for a directive 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
Amendment 115 #
Proposal for a directive 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 disproportional 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
Amendment 116 #
Proposal for a directive Recital 35 (35)
Amendment 117 #
Proposal for a directive Recital 35 (35) The maximum time frame for access to the labour market should
Amendment 118 #
Proposal for a directive Recital 35 (35)
Amendment 119 #
Proposal for a directive Recital 35 (35)
Amendment 120 #
Proposal for a directive 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, including by involving the applicant in a socially- beneficial activity, 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
Amendment 121 #
Proposal for a directive Recital 36 (36) Once applicants are granted access to the labour market, they should be entitled to a common set of rights based on equal treatment with nationals, with a particular focus also on preventing discrimination against nationals. Working conditions should cover at least pay and dismissal, health and safety requirements at the workplace, working time and leave, taking into account collective agreements in force.
Amendment 122 #
Proposal for a directive Recital 36 (36) Once applicants are granted access to the labour market, they should be entitled to a common set of rights based on
Amendment 123 #
Proposal for a directive Recital 37 (37) A Member State should recognise professional qualifications acquired by an applicant in another Member State in the same way as those of citizens of the Union and should take into account qualifications acquired in a third country in accordance with Directive 2005/36/EC of the European Parliament and of the Council.25
Amendment 124 #
Proposal for a directive Recital 38 Amendment 125 #
Proposal for a directive Recital 39 Amendment 126 #
Proposal for a directive Recital 39 (39)
Amendment 127 #
Proposal for a directive Recital 39 (39) Due to the
Amendment 128 #
Proposal for a directive Recital 40 a (new) (40a) Language skills are indispensable in order to ensure that applicants have an adequate standard of living, that they are granted immediate access to the labour market and that their material reception conditions, including non-food items, are safeguarded. Learning the official language or one of official languages of the Member State concerned would increase self-reliance and the chance of integration in the host society, and constitutes a deterrent against secondary movements. Effective access to language courses should therefore be granted to applicants as soon as possible, but no later than six months from the date on which their application for international protection is made. Priority should be given to applicants whose application is likely to be well-founded. Likewise, Member States should not be responsible for language courses for applicants, whose application for international protection is likely to be unfounded, and for which an accelerated examination procedure is applied.
Amendment 129 #
Proposal for a directive 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. 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.
Amendment 130 #
Proposal for a directive 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. It is also necessary that Member States determine the level of material reception conditions provided in the form of financial allowances or vouchers
Amendment 131 #
Proposal for a directive 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 132 #
Proposal for a directive Recital 42 (42) In order to restrict the possibility of abuse of the reception system, Member
Amendment 133 #
Proposal for a directive Recital 42 (42)
Amendment 134 #
Proposal for a directive 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
Amendment 135 #
Proposal for a directive Recital 45 (45) Experience shows that contingency planning is needed to ensure adequate reception of applicants in cases where Member States are confronted with a disproportionate number of applicants for
Amendment 136 #
Proposal for a directive Recital 46 (46) Member States should not have the power to introduce or maintain more favourable provisions for third-country nationals and stateless persons who ask for international protection from a Member State unless when explicitly mentioned in this Directive.
Amendment 137 #
Proposal for a directive Recital 47 (47) Member States are also invited to apply the provisions of this Directive as a maximum level of reception conditions in connection with procedures for deciding on applications for forms of protection other than that provided for under Regulation (EU) No XXX/XXX [Qualification Regulation].
Amendment 138 #
Proposal for a directive Recital 49 (49) Since the objective of this Directive, namely to establish common standards for the reception conditions of applicants in Member States, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of this Directive, 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 Treaty on European Union (TEU). In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.
Amendment 139 #
Proposal for a directive Article 2 – paragraph 1 – point 3 (3)
Amendment 140 #
Proposal for a directive Article 2 – paragraph 1 – point 3 (3) ‘family members’: means
Amendment 141 #
Proposal for a directive Article 2 – paragraph 1 – point 3 3. ‘family members’: means
Amendment 142 #
Proposal for a directive 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 143 #
Proposal for a directive Article 2 – paragraph 1 – point 7 a (new) (7a) ‘Adequate standard of living’: means a quality of life such as to guarantee the health and well-being of the applicant and their family, with particular regard to receiving the necessary food, clothing, accommodation, medical treatment and social services;
Amendment 144 #
Proposal for a directive Article 2 – paragraph 1 – point 10 (10) ‘absconding’: means
Amendment 145 #
Proposal for a directive 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
Amendment 146 #
Proposal for a directive 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
Amendment 147 #
Proposal for a directive Article 2 – paragraph 1 – point 13 (13) ‘applicant with special reception needs’: means an applicant who is in need of special guarantees in order to benefit from the rights and comply with the obligations provided for in this Directive, such as applicants who are minors, unaccompanied minors, disabled people, impaired persons, lesbian, gay, bisexual, trans- and intersex persons, elderly people, pregnant women, single parents with minor children, victims of human trafficking, persons with serious illnesses, persons with mental disorders, including post-traumatic stress disorder (PTSD) and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual or gender-based violence, such as victims of female genital mutilation.
Amendment 148 #
Proposal for a directive Article 2 – paragraph 1 – point 13 13. ‘applicant with special reception needs’: means an applicant who is in need of special guarantees in order to benefit from the rights and comply with the obligations provided for in this Directive, such as applicants who are minors, unaccompanied minors, disabled people, frail elderly people, pregnant women, single parents with minor children, victims of human trafficking, persons with serious illnesses, persons with mental disorders
Amendment 149 #
Proposal for a directive Article 2 – paragraph 1 – point 13 (13) ‘applicant with special reception needs’: means an applicant who is in need of special guarantees in order to benefit from the rights and comply with the obligations provided for in this Directive, such as applicants who are minors, unaccompanied minors, disabled people, elderly people, pregnant women, single parents with minor children, victims of human trafficking, lesbian, gay, bisexual, transgender and intersex persons, 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.
Amendment 150 #
Proposal for a directive 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
Amendment 151 #
Proposal for a directive Article 3 – paragraph 1 (1) This Directive applies to all third- country nationals and stateless persons who enter a Member State via the external border and make an application for international protection
Amendment 152 #
Proposal for a directive 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 153 #
Proposal for a directive Article 3 – paragraph 3 Amendment 154 #
Proposal for a directive Article 4 Amendment 155 #
Proposal for a directive Article 4 – paragraph 1 Member States may introduce or retain more favourable provisions as regards reception conditions for applicants and their
Amendment 156 #
Proposal for a directive Article 5 – paragraph 1 – subparagraph 1 Member States shall inform applicants
Amendment 157 #
Proposal for a directive Article 5 – paragraph 1 – subparagraph 1 Member States shall inform applicants, as soon as possible and at the latest when they are lodging their application for international protection, of any established benefits and of the obligations with which they must comply relating to reception conditions.
Amendment 158 #
Proposal for a directive Article 5 – paragraph 1 – subparagraph 1 Member States shall inform applicants, a
Amendment 159 #
Proposal for a directive Article 5 – paragraph 1 – subparagraph 1 Member States shall inform applicants, as soon as possible and at the latest when they are
Amendment 160 #
Proposal for a directive Article 5 – paragraph 1 – subparagraph 1 Member States
Amendment 161 #
Proposal for a directive Article 5 – paragraph 1 – subparagraph 1 Member States shall inform applicants,
Amendment 162 #
Proposal for a directive Article 5 – paragraph 1 – subparagraph 2 Amendment 163 #
Proposal for a directive Article 5 – paragraph 1 – subparagraph 2 Member States
Amendment 164 #
Proposal for a directive Article 5 – paragraph 1 a (new) 1a. Member States shall not impose unnecessary or disproportionate documentation or other administrative requirements on applicants before granting them the rights to which they are entitled under this Directive for the sole reason that they are applicants for international protection, or on the sole basis of an applicant’s nationality.
Amendment 165 #
Proposal for a directive 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 shall visibly display relevant information in relation to the personal circumstances that may result in special reception needs or needs of special procedural guarantees as listed in this Directive and the Asylum Procedures Regulation, and in a language that the applicant understands or is reasonably supposed to understand. Where necessary, this information shall also be supplied orally and adapted to the needs of minors.
Amendment 166 #
Proposal for a directive 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.
Amendment 167 #
Proposal for a directive Article 5 – paragraph 2 2. Member States
Amendment 168 #
Proposal for a directive 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 in a language that the applicant understands
Amendment 169 #
Proposal for a directive Article 6 – paragraph 1 Member States shall provide applicants with a travel document only when the identity of the applicant has been verified and when serious humanitarian or other imperative reasons arise that require their presence in another State. The validity of the travel document shall be limited to the purpose and duration needed for the reason for which it is issued.
Amendment 170 #
Proposal for a directive Article 6 – paragraph 1 Member States
Amendment 171 #
Proposal for a directive Article 6 – paragraph 1 Member States
Amendment 172 #
Proposal for a directive Article 6 – paragraph 1 Member States shall provide applicants with a travel document
Amendment 173 #
Proposal for a directive Article 6 – paragraph 1 Member States
Amendment 174 #
Proposal for a directive Article 6 – paragraph 1 a (new) 1a. This travel document shall allow for unlimited re-entry to the territory of the issuing Member State.
Amendment 175 #
Proposal for a directive Article 7 – paragraph 1 1. Applicants may move freely within the territory of the host Member State
Amendment 176 #
Proposal for a directive Article 7 – paragraph 1 1. Applicants may move freely within the territory of the host Member State or within an area assigned to them by that Member State.
Amendment 177 #
Proposal for a directive Article 7 – paragraph 1 (1) Applicants may move freely within the territory of the host Member State or within an area assigned to them by that Member State. The assigned area shall not affect the unalienable sphere of private life and shall allow sufficient scope for guaranteeing access to all
Amendment 178 #
Proposal for a directive Article 7 – paragraph 1 – subparagraph 1 a (new) Member States may make provision of the material reception conditions subject to actual residence by the applicants in a specific place to be determined by the Member States. The determination of the residence in a specific place need not take the form of an administrative procedure.
Amendment 179 #
Proposal for a directive Article 7 – paragraph 2 – subparagraph 1 – introductory part 2. Member States
Amendment 180 #
Proposal for a directive Article 7 – paragraph 2 – subparagraph 1 – introductory part 2. Member States
Amendment 181 #
Proposal for a directive Article 7 – paragraph 2 – subparagraph 1 – introductory part 2. Member States
Amendment 182 #
Proposal for a directive Article 7 – paragraph 2 – subparagraph 1 – introductory part 2. Member States
Amendment 183 #
Proposal for a directive Article 7 – paragraph 2 – subparagraph 1 – point a (a) public interest or public order
Amendment 184 #
Proposal for a directive Article 7 – paragraph 2 – subparagraph 1 – point a (a) public interest, public security or public order;
Amendment 185 #
Proposal for a directive Article 7 – paragraph 2 – subparagraph 1 – point c Amendment 186 #
Proposal for a directive Article 7 – paragraph 2 – subparagraph 1 – point c Amendment 187 #
Proposal for a directive Article 7 – paragraph 2 – subparagraph 1 – point c Amendment 188 #
Proposal for a directive Article 7 – paragraph 2 – subparagraph 1 – point d – introductory part Amendment 189 #
Proposal for a directive Article 7 – paragraph 2 – subparagraph 1 – point d – introductory part Amendment 190 #
Proposal for a directive Article 7 – paragraph 2 – subparagraph 1 – point d – introductory part (d) to effectively prevent the applicant from absconding
Amendment 191 #
Proposal for a directive Article 7 – paragraph 2 – subparagraph 1 – point d – indent 1 Amendment 192 #
Proposal for a directive Article 7 – paragraph 2 – subparagraph 1 – point d – indent 1 Amendment 193 #
Proposal for a directive Article 7 – paragraph 2 – subparagraph 1 – point d – indent 1 Amendment 194 #
Proposal for a directive Article 7 – paragraph 2 – subparagraph 1 – point d – indent 1 Amendment 195 #
Proposal for a directive Article 7 – paragraph 2 – subparagraph 1 – point d – indent 2 Amendment 196 #
Proposal for a directive Article 7 – paragraph 2 – subparagraph 1 – point d – indent 2 Amendment 197 #
Proposal for a directive Article 7 – paragraph 2 – subparagraph 1 – point d – indent 2 Amendment 198 #
Proposal for a directive Article 7 – paragraph 2 – subparagraph 1 – point d – indent 2 Amendment 199 #
Proposal for a directive Article 7 – paragraph 2 – subparagraph 1 – point d – indent 3 Amendment 200 #
Proposal for a directive Article 7 – paragraph 2 – subparagraph 1 – point d – indent 3 Amendment 201 #
Proposal for a directive Article 7 – paragraph 2 – subparagraph 1 – point d – indent 3 Amendment 202 #
Proposal for a directive Article 7 – paragraph 2 –subparagraph 1 – point d – indent 3 Amendment 203 #
Proposal for a directive Article 7 – paragraph 2 – subparagraph 2 Amendment 204 #
Proposal for a directive Article 7 – paragraph 2 – subparagraph 2 Amendment 205 #
Proposal for a directive 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
Amendment 206 #
Proposal for a directive Article 7 – paragraph 3 3. Where there are reasons for considering that there is a risk that an applicant may abscond, Member States
Amendment 207 #
Proposal for a directive Article 7 – paragraph 3 3. Where there are reasons for considering that there is a risk that an applicant may abscond, Member States
Amendment 208 #
Proposal for a directive Article 7 – paragraph 3 3. Where there are reasons for considering that there is a risk that an applicant may abscond, Member States
Amendment 209 #
Proposal for a directive Article 7 – paragraph 3 3. Where there are reasons for considering that there is a risk that an applicant may abscond, Member States
Amendment 210 #
Proposal for a directive Article 7 – paragraph 4 – subparagraph 1 Member States shall provide for the possibility of granting applicants temporary permission to leave their place of residence
Amendment 211 #
Proposal for a directive Article 7 – paragraph 4 – subparagraph 1 Member States shall provide for the possibility of granting applicants temporary permission to leave their place of residence or assigned area and to reside elsewhere. Decisions shall be taken objectively and impartially on the merits of the individual case and reasons shall be given if they are negative.
Amendment 212 #
Proposal for a directive Article 7 – paragraph 4 – subparagraph 1 Member States
Amendment 213 #
Proposal for a directive 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 214 #
Proposal for a directive Article 7 – paragraph 5 5. Member States shall require applicants to inform the competent authorities of their current place of residence or address, including their e- mail address, or a telephone number where they may be reached and notify any change of telephone number or address to such authorities as soon as possible.
Amendment 215 #
Proposal for a directive Article 7 – paragraph 5 5. Member States
Amendment 216 #
Proposal for a directive Article 7 – paragraph 5 5. Member States shall require applicants to inform the competent authorities of their current place of residence or address
Amendment 217 #
Proposal for a directive Article 7 – paragraph 5 5. Member States shall require applicants to inform the competent authorities of their current place of residence or address
Amendment 218 #
Proposal for a directive Article 7 – paragraph 5 5. Member States shall require applicants to inform the competent authorities of their current place of residence or address or, where applicable, a telephone number where they may be reached and notify any change of telephone number or address to such authorities as soon as possible.
Amendment 219 #
Proposal for a directive Article 7 – paragraph 6 6. Member States may make provision of the material reception conditions subject to actual residence by the applicants in a specific place. Such a decision needs to take the form of an administrative decision.
Amendment 220 #
Proposal for a directive Article 7 – paragraph 6 (6) Member States may make provision of the material reception conditions subject to
Amendment 221 #
Proposal for a directive Article 7 – paragraph 6 6. Member States
Amendment 222 #
Proposal for a directive Article 7 – paragraph 7 7. Decisions referred to in this Article shall be based on
Amendment 223 #
Proposal for a directive Article 7 – paragraph 7 7. Decisions referred to in
Amendment 224 #
Proposal for a directive Article 7 – paragraph 8 (8) Member States shall state reasons in fact and, where relevant, in law in any decision taken in accordance with this Article. Applicants shall be immediately
Amendment 225 #
Proposal for a directive Article 7 – paragraph 8 8. Member States shall state reasons in fact and, where relevant, in law in any decision taken in accordance with this Article. Applicants shall be immediately informed in writing, in a language which they
Amendment 226 #
Proposal for a directive Article 7 – paragraph 8 8. Member States shall state reasons in fact and, where relevant, in law in any decision taken in accordance with this Article. Applicants shall be immediately informed in writing, in
Amendment 227 #
Proposal for a directive Article 7 – paragraph 8 8. Member States shall state reasons in fact and, where relevant, in law in any decision taken in accordance with
Amendment 228 #
Proposal for a directive Article 8 – paragraph 1 1. Member States shall not hold a person in detention for the sole reason that he or she is an applicant or on sole basis of an applicants' nationality.
Amendment 229 #
Proposal for a directive Article 8 – paragraph 1 a (new) 1a. Under no circumstances may minors be detained or placed in confinement.
Amendment 230 #
Proposal for a directive Article 8 – paragraph 1 b (new) 1b. Any decision which involves detaining the applicant must be taken by judicial authorities;
Amendment 231 #
Proposal for a directive Article 8 – paragraph 2 a (new) 2a. Applicants shall not be detained before the evaluation of their special reception needs, pursuant to Article 21, is carried out.
Amendment 232 #
Proposal for a directive Article 8 – paragraph 3 – subparagraph 1 – introductory part (3) An applicant may be detained
Amendment 233 #
Proposal for a directive Article 8 – paragraph 3 – subparagraph 1 – introductory part 3. An applicant
Amendment 234 #
Proposal for a directive Article 8 – paragraph 3 – subparagraph 1 – point a (a) in order to determine or verify his or her identity or nationality
Amendment 235 #
Proposal for a directive Article 8 – paragraph 3 – subparagraph 1 – point c Amendment 236 #
Proposal for a directive Article 8 – paragraph 3 – subparagraph 1 – point c Amendment 237 #
Proposal for a directive Article 8 – paragraph 3 – subparagraph 1 – point c (c) in order to ensure compliance with
Amendment 238 #
Proposal for a directive Article 8 – paragraph 3 – subparagraph 1 – point d Amendment 239 #
Proposal for a directive Article 8 – paragraph 3 – subparagraph 1 – point d Amendment 240 #
Proposal for a directive Article 8 – paragraph 3 – subparagraph 1 – point e (e) when he or she is detained subject to a return procedure under Directive 2008/115/EC of the European Parliament and of the Council34, in order to prepare the return and/or carry out the removal process,
Amendment 241 #
Proposal for a directive Article 8 – paragraph 4 4. Member States shall ensure that the rules concerning alternatives to detention, such as regular reporting to the authorities, the deposit of a financial guarantee, the use of electronic ankle monitors, or an obligation to stay at an assigned place, are laid down in national law.
Amendment 242 #
Proposal for a directive Article 9 – paragraph 1 – subparagraph 2 Administrative procedures relevant to the grounds for detention set out in Article 8(3) shall be executed with due diligence.
Amendment 243 #
Proposal for a directive Article 9 – paragraph 2 2. Detention of applicants shall be ordered in writing by judicial
Amendment 244 #
Proposal for a directive Article 9 – paragraph 3 Amendment 245 #
Proposal for a directive Article 9 – paragraph 3 Amendment 246 #
Proposal for a directive Article 9 – paragraph 3 – subparagraph 1 Amendment 247 #
Proposal for a directive Article 9 – paragraph 3 – subparagraph 2 Amendment 248 #
Proposal for a directive Article 9 – paragraph 5 5. Detention shall be reviewed by a judicial authority at reasonable intervals of time, ex officio and/or at the request of the applicant concerned, in particular whenever
Amendment 249 #
Proposal for a directive Article 9 – paragraph 6 – subparagraph 1 In cases of a judicial review of the detention order provided for in paragraph 3, Member States shall ensure that applicants
Amendment 250 #
Proposal for a directive Article 9 – paragraph 7 – introductory part 7. Member States
Amendment 251 #
Proposal for a directive Article 9 – paragraph 7 – point a (a) only to those who lack sufficient resources;
Amendment 252 #
Proposal for a directive Article 9 – paragraph 7 – point b Amendment 253 #
Proposal for a directive Article 9 – paragraph 8 – introductory part 8. Member States
Amendment 254 #
Proposal for a directive Article 9 – paragraph 9 9. Member States
Amendment 255 #
Proposal for a directive Article 10 – paragraph 4 4. Member States shall ensure that family members, legal advisers
Amendment 256 #
Proposal for a directive Article 11 – paragraph 1 – subparagraph 2 Where applicants with special reception needs are detained, Member States shall ensure regular monitoring and adequate support taking into account their particular situation, including their physical and mental health.
Amendment 257 #
Proposal for a directive Article 11 – paragraph 1 – subparagraph 2 Where
Amendment 258 #
Proposal for a directive Article 11 – paragraph 2 – subparagraph 1 Amendment 259 #
Proposal for a directive Article 11 – paragraph 2 – subparagraph 1 Amendment 260 #
Proposal for a directive Article 11 – paragraph 2 – subparagraph 1 Minors shall be detained only as a measure of last resort and after it having been established that other less coercive alternative measures cannot be applied effectively.
Amendment 261 #
Proposal for a directive Article 11 – paragraph 2 – subparagraph 1 Minors shall not be detained
Amendment 262 #
Proposal for a directive Article 11 – paragraph 2 – subparagraph 1 Amendment 263 #
Proposal for a directive Article 11 – paragraph 2 – subparagraph 2 The best interests of the child, as referred to in Article 22(2), shall be a primary consideration for Member States. Suitable care arrangements and reception measures for children and their families shall be community based, the least intrusive and respect the right to privacy and family life.
Amendment 264 #
Proposal for a directive Article 11 – paragraph 2 – subparagraph 3 Amendment 265 #
Proposal for a directive Article 11 – paragraph 2 – subparagraph 3 Amendment 266 #
Proposal for a directive Article 11 – paragraph 2 – subparagraph 3 Where minors are detained, the
Amendment 267 #
Proposal for a directive Article 11 – paragraph 3 – subparagraph 1 Amendment 268 #
Proposal for a directive Article 11 – paragraph 3 – subparagraph 1 Amendment 269 #
Proposal for a directive Article 11 – paragraph 3 – subparagraph 1 Amendment 270 #
Proposal for a directive Article 11 – paragraph 3 – subparagraph 1 Amendment 271 #
Proposal for a directive Article 11 – paragraph 3 – subparagraph 2 Amendment 272 #
Proposal for a directive Article 11 – paragraph 3 – subparagraph 2 Amendment 273 #
Proposal for a directive Article 11 – paragraph 3 – subparagraph 2 Amendment 274 #
Proposal for a directive Article 11 – paragraph 3 – subparagraph 2 Unaccompanied minors sh
Amendment 275 #
Proposal for a directive Article 11 – paragraph 3 – subparagraph 3 Amendment 276 #
Proposal for a directive Article 11 – paragraph 3 – subparagraph 4 Amendment 277 #
Proposal for a directive Article 11 – paragraph 3 – subparagraph 4 Amendment 278 #
Proposal for a directive Article 11 – paragraph 4 Amendment 279 #
Proposal for a directive Article 11 – paragraph 4 Amendment 280 #
Proposal for a directive Article 11 – paragraph 4 Amendment 281 #
Proposal for a directive Article 11 – paragraph 5 – subparagraph 1 Amendment 282 #
Proposal for a directive Article 11 – paragraph 6 6. In duly justified cases and for a reasonable period that shall be as short as possible Member States may derogate from the
Amendment 283 #
Proposal for a directive Article 11 – paragraph 6 6. In duly justified cases and for a reasonable period that shall be as short as possible Member States may derogate from
Amendment 284 #
Proposal for a directive Article 12 – paragraph 1 Member States shall take
Amendment 285 #
Proposal for a directive Article 13 – paragraph 1 Member States may require medical screening for applicants, in particular on public health grounds.
Amendment 286 #
Proposal for a directive 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
Amendment 287 #
Proposal for a directive Article 14 – paragraph 1 – subparagraph 1 Member States
Amendment 288 #
Proposal for a directive Article 14 – paragraph 1 – subparagraph 1 Member States
Amendment 289 #
Proposal for a directive Article 14 – paragraph 1 – subparagraph 3 Member States
Amendment 290 #
Proposal for a directive Article 14 – paragraph 2 – subparagraph 1 Access to the education system
Amendment 291 #
Proposal for a directive Article 14 – paragraph 2 – subparagraph 1 Amendment 292 #
Proposal for a directive Article 14 – paragraph 2 – subparagraph 1 Access to the education system shall not be postponed for more than
Amendment 293 #
Proposal for a directive Article 14 – paragraph 2 – subparagraph 1 Access to the education system shall not be postponed for more than
Amendment 294 #
Proposal for a directive Article 14 – paragraph 2 – subparagraph 2 Preparatory classes, including language classes,
Amendment 295 #
Proposal for a directive Article 14 – paragraph 3 3. Where access to
Amendment 296 #
Proposal for a directive Article 15 – paragraph 1 – subparagraph 1 Member States shall ensure that applicants have access to the labour market
Amendment 297 #
Proposal for a directive Article 15 – paragraph 1 – subparagraph 1 Member States shall ensure that applicants have access to the labour market
Amendment 298 #
Proposal for a directive Article 15 – paragraph 1 – subparagraph 1 Member States shall ensure that applicants have effective access to the labour market no later than 6 months, in accordance with the time-limit for decision at the first appeal stage as set in Regulation (EU) No XXX/XXX [Procedures Regulation], 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 299 #
Proposal for a directive Article 15 – paragraph 1 – subparagraph 1 Member States shall ensure that applicants have access to the labour market no later than
Amendment 300 #
Proposal for a directive Article 15 – paragraph 1 – subparagraph 1 Member States shall ensure that applicants have access to the labour market no later than
Amendment 301 #
Proposal for a directive Article 15 – paragraph 1 – subparagraph 1 Member States
Amendment 302 #
Proposal for a directive Article 15 – paragraph 1 – subparagraph 2 Amendment 303 #
Proposal for a directive Article 15 – paragraph 1 – subparagraph 2 Where the Member State has
Amendment 304 #
Proposal for a directive Article 15 – paragraph 1 – subparagraph 2 Where the Member State has accelerated the examination on the merits of an application for international protection in accordance with points [(a) to (f)] of Article [40(1)] of Regulation (EU) No XXX/XXX [Procedures Regulation], access to the labour market shall not be granted automatically.
Amendment 305 #
Proposal for a directive Article 15 – paragraph 2 – subparagraph 1 Amendment 306 #
Proposal for a directive Article 15 – paragraph 2 – subparagraph 1 Member States shall
Amendment 307 #
Proposal for a directive Article 15 – paragraph 2 – subparagraph 2 Amendment 308 #
Proposal for a directive Article 15 – paragraph 2 – subparagraph 2 Amendment 309 #
Proposal for a directive Article 15 – paragraph 2 – subparagraph 2 Amendment 310 #
Proposal for a directive Article 15 – paragraph 2 – subparagraph 2 For reasons of labour market policies, and especially regarding youth unemployment levels, Member States may verify whether a vacancy could be filled, through preferential access, by nationals of the Member State concerned or by other Union citizens, or by third-country nationals lawfully residing in that Member State.
Amendment 311 #
Proposal for a directive Article 15 – paragraph 2 – subparagraph 2 For reasons of labour market policies, Member States may
Amendment 312 #
Proposal for a directive Article 15 – paragraph 2 – subparagraph 2 For reasons of labour market policies, Member States may
Amendment 313 #
Proposal for a directive Article 15 – paragraph 2 – subparagraph 2 For reasons of labour market policies, Member States may verify whether a vacancy could be filled by nationals of the Member State concerned or by other Union citizens, or by third-country nationals lawfully residing in that Member State and give them priority for vacancies.
Amendment 314 #
Proposal for a directive Article 15 – paragraph 2 – subparagraph 2 Amendment 315 #
Proposal for a directive Article 15 – paragraph 3 –subparagraph 1- introductory part 3. Member States shall provide applicants, with equal treatment
Amendment 316 #
Proposal for a directive Article 15 – paragraph 3 – subparagraph 1 – introductory part 3. Member States
Amendment 317 #
Proposal for a directive Article 15 – paragraph 3 – subparagraph 1 – introductory part 3. Member States shall provide applicants with adequa
Amendment 318 #
Proposal for a directive Article 15 – paragraph 3 – subparagraph 1 – point a (a) working conditions, including pay and dismissal, working hours, leave and holidays, as well as health and safety requirements at the workplace;
Amendment 319 #
Proposal for a directive 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
Amendment 320 #
Proposal for a directive Article 15 – paragraph 3 – subparagraph 1 – point c (c)
Amendment 321 #
Proposal for a directive Article 15 – paragraph 3 – subparagraph 1 – point c (c) e
Amendment 322 #
Proposal for a directive Article 15 – paragraph 3 – subparagraph 1 – point c (c)
Amendment 323 #
Proposal for a directive Article 15 – paragraph 3 – subparagraph 1 – point d (d) recognition of diplomas, certificates and other evidence of formal qualifications in the context of existing procedures for recognition of foreign qualifications
Amendment 324 #
Proposal for a directive Article 15 – paragraph 3 – subparagraph 1 – point e Amendment 325 #
Proposal for a directive Article 15 – paragraph 3 – subparagraph 1 – point e Amendment 326 #
Proposal for a directive Article 15 – paragraph 3 – subparagraph 1 – point e (e) branches of social security, as defined in Article 3 of Regulation (EC) No 883/2004 for those applicants who are engaged in gainful economic activity.
Amendment 327 #
Proposal for a directive Article 15 – paragraph 3 – subparagraph 2 – introductory part Member States may restrict equal treatment of applicants who have been granted access to the labour market in accordance with paragraph 1:
Amendment 328 #
Proposal for a directive Article 15 – paragraph 3 – subparagraph 2 – point ii Amendment 329 #
Proposal for a directive Article 15 – paragraph 3 – subparagraph 2 – point ii Amendment 330 #
Proposal for a directive Article 15 – paragraph 3 – subparagraph 2 – point ii Amendment 331 #
Proposal for a directive Article 15 – paragraph 3 – subparagraph 2 – point ii Amendment 332 #
Proposal for a directive Article 15 – paragraph 3 – subparagraph 2 – point iii Amendment 333 #
Proposal for a directive Article 15 – paragraph 3 – subparagraph 2 – point iii Amendment 334 #
Proposal for a directive Article 15 – paragraph 3 – subparagraph 2 – point iii Amendment 335 #
Proposal for a directive Article 15 – paragraph 3 – subparagraph 3 Amendment 336 #
Proposal for a directive Article 15 – paragraph 4 4. Access to the labour market shall not be withdrawn during appeal
Amendment 337 #
Proposal for a directive Article 15 – paragraph 4 4. Access to the labour market
Amendment 338 #
Proposal for a directive 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 339 #
Proposal for a directive Article 15 – paragraph 5 5. Where applicants have been granted access to the labour market in accordance with paragraph 1, Member States
Amendment 340 #
Proposal for a directive 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) Amendment 342 #
Proposal for a directive 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) 5d. Member States shall allow applicants access to vocational training and language courses irrespective of whether they have access to the labour market.
Amendment 344 #
Proposal for a directive Article 15 a (new) Article 15a Language courses Member States shall provide applicants effective access to language courses as soon as possible, but no later than 6 months, from the date when the application for international protection was made in accordance with the time- limit for decision at the first appeal stage as set out in Regulation (EU) No XXX/XXX [Procedures Regulation]. Priority shall be given to applicants whose 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 may require applicants to cover or contribute to the cost of such courses in accordance with the conditions set out in Article 16(4) and (5) of this Directive.
Amendment 345 #
Proposal for a directive Article 15 a (new) Article 15a Language courses and civic orientation courses Member States shall provide applicants effective access to language courses and civic education courses free of charge from the date when the application for international protection was made. However, Member States may require applicants to cover or contribute to the cost of such courses in accordance with the conditions set out in Article 16(4) and (5).
Amendment 346 #
Proposal for a directive Article 15 a (new) Article 15a Language courses Member States shall provide applicants effective access to language courses free of charge from the date when the application for international protection was made.
Amendment 347 #
Proposal for a directive Article 15 b (new) Article 15b Vocational training Member States may allow applicants access to vocational training irrespective of whether they have access to the labour market. Access to vocational training relating to an employment contract shall depend on the extent to which the applicant has access to the labour market in accordance with Article 15.
Amendment 348 #
Proposal for a directive Article 16 – paragraph 1 1. Member States shall ensure that material reception conditions are available to applicants from the moment they
Amendment 349 #
Proposal for a directive Article 16 – paragraph 1 1. Member States
Amendment 350 #
Proposal for a directive Article 16 – paragraph 2 – subparagraph 1 Member States
Amendment 351 #
Proposal for a directive Article 16 – paragraph 2 – subparagraph 1 Member States shall ensure that material reception conditions provide a
Amendment 352 #
Proposal for a directive Article 16 – paragraph 2 – subparagraph 2 Amendment 353 #
Proposal for a directive Article 16 – paragraph 2 – subparagraph 2 Member States
Amendment 354 #
Proposal for a directive 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 355 #
Proposal for a directive Article 16 – paragraph 3 3. Member States
Amendment 356 #
Proposal for a directive Article 16 – paragraph 3 3. Member States may make the provision of all or some of the material reception conditions and health care subject to the condition that applicants do not have sufficient means to have a standard of living adequate for their health and to enable their subsistence.
Amendment 357 #
Proposal for a directive Article 16 – paragraph 4 – subparagraph 1 Member States may require applicants to cover or contribute to the cost of the material reception conditions provided for in paragraph 3, if the applicants have sufficient resources, for example if they have been working for a reasonable period of time. Should the applicants not have sufficient resources, the competent national authorities, in agreement with local authorities, may facilitate the employment of applicants for international protection, on a voluntary basis, in socially-beneficial activities geared to the specific requirements of the host territorial communities.
Amendment 358 #
Proposal for a directive Article 16 – paragraph 4 – subparagraph 1 Member States
Amendment 359 #
Proposal for a directive Article 16 – paragraph 4 – subparagraph 1 Member States may require applicants to cover or contribute to the cost of the material reception conditions and of the health care provided for in paragraph 3, if the applicants have sufficient resources, for example if they have been working for a reasonable period of time.
Amendment 360 #
Proposal for a directive Article 16 – paragraph 4 – subparagraph 2 If it transpires that an applicant or their family members had sufficient means to cover material reception conditions at the time when those basic needs were being covered, Member States
Amendment 361 #
Proposal for a directive Article 16 – paragraph 4 – subparagraph 2 If it transpires that an applicant had sufficient means to cover material reception conditions and health care at the time when those basic needs were being covered, Member States may ask the applicant for a refund.
Amendment 362 #
Proposal for a directive Article 16 – paragraph 5 5. When assessing the resources of an applicant or his or her family members, when requiring
Amendment 363 #
Proposal for a directive 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 and of the health care 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 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.
Amendment 364 #
Proposal for a directive Article 16 – paragraph 5 5. When
Amendment 365 #
Proposal for a directive 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
Amendment 366 #
Proposal for a directive 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
Amendment 367 #
Proposal for a directive Article 16 – paragraph 5 5. When assessing the resources of an
Amendment 368 #
Proposal for a directive Article 16 – paragraph 6 6. Where Member States provide material reception conditions in the form of financial allowances or vouchers, the amount thereof shall be determined on the basis of the level(s) established by the Member State concerned either by law or by the practice to ensure adequate standards of living for nationals. Member States may grant less favourable treatment to applicants compared with nationals in this respect, in particular where material support is partially provided in kind or where those level(s), applied for nationals, aim to ensure a standard of living higher than that prescribed for applicants under this Directive.
Amendment 369 #
Proposal for a directive Article 16 – paragraph 6 6. Where Member States provide material reception conditions in the form of financial allowances or vouchers, the amount thereof shall be determined on the basis of the level(s) established by the Member State concerned either by law or by the practice to ensure adequate standards of living for nationals. Member States may grant less favourable treatment to applicants compared with nationals in this respect, in particular where material support is partially provided in kind or where those level(s), applied for nationals, aim to ensure a standard of living higher than that prescribed for applicants under this Directive.
Amendment 370 #
Proposal for a directive Article 16 – paragraph 6 6. Where Member States provide material reception conditions in the form of financial allowances or vouchers, the amount thereof shall be determined on the basis of the level(s) established by the Member State concerned either by law or by the practice to ensure adequate standards of living for nationals. Member States may grant less favourable treatment to applicants compared with nationals in this respect, in particular where material support is partially provided in kind or where those level(s), applied for nationals, aim to ensure a standard of living higher than that prescribed for applicants under this Directive. Member States
Amendment 371 #
Proposal for a directive Article 17 – paragraph 2 – introductory part 2. Without prejudice to any specific conditions of detention as provided for in Articles 10 and 11, in relation to housing referred to in paragraph 1(a), (b) and (c) of this Article Member States
Amendment 372 #
Proposal for a directive Article 17 – paragraph 2 – point b (b) applicants have the possibility of communicating with relatives, legal advisers or counsellors, persons representing UNHCR
Amendment 373 #
Proposal for a directive Article 17 – paragraph 2 – point c (c) family members, legal advisers or counsellors, persons representing UNHCR
Amendment 374 #
Proposal for a directive Article 17 – paragraph 3 3. Member States shall take into consideration gender and age-specific concerns and the situation of applicants with special reception needs when providing material reception conditions. However, the treatment of applicants shall not be more favourable than the treatment generally accorded to the residents and nationals of the Member State in comparable situations and matters.
Amendment 375 #
Proposal for a directive Article 17 – paragraph 3 3. Member States
Amendment 376 #
Proposal for a directive Article 17 – paragraph 4 4. Member States shall take appropriate measures to prevent assault and gender-based violence, including sexual assault and harassment when providing accommodation as well as all forms of violence committed with a bias and discriminatory motive related to the victims' personal characteristics as set out in Article 22(3) of Directive 2012/29/EU.
Amendment 377 #
Proposal for a directive Article 17 – paragraph 4 4. Member States shall take appropriate measures to prevent assault and gender-based violence, including sexual assault and harassment towards applicants and nationals alike when providing accommodation and leisure possibilities.
Amendment 378 #
Proposal for a directive Article 17 – paragraph 4 4. Member States
Amendment 379 #
Proposal for a directive 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 380 #
Proposal for a directive Article 17 – paragraph 5 5. Member States
Amendment 381 #
Proposal for a directive Article 17 – paragraph 6 6. Member States
Amendment 382 #
Proposal for a directive Article 17 – paragraph 7 7. Persons providing material reception conditions, including 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. However, sufficiently anonymised data concerning the material reception conditions provided shall be made publically available on a regular basis by the competent authorities, as defined in Article 26, for public scrutiny.
Amendment 383 #
Proposal for a directive 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 384 #
Proposal for a directive Article 17 – paragraph 8 8. Member States
Amendment 385 #
Proposal for a directive Article 17 – paragraph 9 – subparagraph 1 – introductory part 9. In duly justified cases, Member States may exceptionally set modalities for material reception conditions
Amendment 386 #
Proposal for a directive Article 17 – paragraph 9 – subparagraph 1 – point b (b) moderately priced housing capacities normally available are temporarily exhausted.
Amendment 387 #
Proposal for a directive Article 17 – paragraph 9 – subparagraph 1 – point b a (new) (ba) material reception conditions, as provided for in this Article, are not available in a certain geographical area.
Amendment 388 #
Proposal for a directive Article 17 – paragraph 9 – subparagraph 1 – point b b (new) (bb) the Member State is confronted by an emergency situation characterised by a sudden inflow of nationals of third countries
Amendment 389 #
Proposal for a directive Article 17 – paragraph 9 – subparagraph 2 Such different conditions shall in any circumstances ensure free access to
Amendment 390 #
Proposal for a directive Article 17 – paragraph 9 – subparagraph 2 Such different conditions shall in any circumstances ensure access to health care in accordance with Article 18 and a
Amendment 391 #
Proposal for a directive Article 17 – paragraph 9 – subparagraph 3 Amendment 392 #
Proposal for a directive Article 17 – paragraph 9 – subparagraph 3 Amendment 393 #
Proposal for a directive 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 394 #
Proposal for a directive Article 17 – paragraph 9 – subparagraph 3 When resorting to those exceptional measures, the Member State concerned shall inform the Commission and the European Union Agency for Asylum without delay. 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 395 #
Proposal for a directive Article 17a Amendment 396 #
Proposal for a directive Article 17a Amendment 397 #
Proposal for a directive Article 17a – Title Amendment 398 #
Proposal for a directive Article 17a – paragraph 1 Amendment 399 #
Proposal for a directive Article 17a – paragraph 1 1. An applicant shall not be entitled to the reception conditions set out in Articles 14 to 17 i
Amendment 400 #
Proposal for a directive Article 17a – paragraph 2 Amendment 401 #
Proposal for a directive Article 17a – paragraph 2 Amendment 402 #
Proposal for a directive Article 17a – paragraph 2 2. Member States shall ensure a
Amendment 403 #
Proposal for a directive Article 17a – paragraph 2 2. Member States
Amendment 404 #
Proposal for a directive Article 17a – paragraph 3 Amendment 405 #
Proposal for a directive Article 17a – paragraph 3 Amendment 406 #
Proposal for a directive Article 17a – paragraph 3 3.
Amendment 407 #
Proposal for a directive Article 18 – paragraph 1 1. Member States shall ensure that applicants, irrespective of where they are required to be present in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation], receive
Amendment 408 #
Proposal for a directive Article 18 – paragraph 1 1. Member States
Amendment 409 #
Proposal for a directive Article 18 – paragraph 1 1. Member States shall ensure that applicants,
Amendment 410 #
Proposal for a directive 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 411 #
Proposal for a directive Article 18 – paragraph 2 2. Member States shall provide necessary medical or other assistance to applicants who have special reception needs
Amendment 412 #
Proposal for a directive Article 18 – paragraph 2 2. Member States shall provide
Amendment 413 #
Proposal for a directive Article 18 – paragraph 2 2. Member States
Amendment 414 #
Proposal for a directive Chapter 3 – title Amendment 415 #
Proposal for a directive Article 19 – paragraph 1 – introductory part 1. With regard to applicants
Amendment 416 #
Proposal for a directive 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
Amendment 417 #
Proposal for a directive Article 19 – paragraph 1 – point a Amendment 418 #
Proposal for a directive Article 19 – paragraph 1 – point a (a) replace accommodation
Amendment 419 #
Proposal for a directive Article 19 – paragraph 1 – point b (b) reduce or, in exceptional and duly justified cases, withdraw the daily allowances, while still guaranteeing a dignified standard of living.
Amendment 420 #
Proposal for a directive Article 19 – paragraph 1 – point b (b) reduce or, in exceptional and duly justified cases, withdraw material reception conditions or the daily allowances.
Amendment 421 #
Proposal for a directive Article 19 – paragraph 1 – point b (b) reduce or, in exceptional and duly justified cases, withdraw material reception conditions or the daily
Amendment 422 #
Proposal for a directive 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 (a) abandons the place of residence determined by the competent authority without informing it or, if requested, without permission, or
Amendment 424 #
Proposal for a directive Article 19 – paragraph 2 – subparagraph 1 – point e Amendment 425 #
Proposal for a directive 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 426 #
Proposal for a directive Article 19 – paragraph 2 – subparagraph 1 – point e (e) has
Amendment 427 #
Proposal for a directive Article 19 – paragraph 2 – subparagraph 1 – point f Amendment 428 #
Proposal for a directive Article 19 – paragraph 2 – subparagraph 1 – point f Amendment 429 #
Proposal for a directive Article 19 – paragraph 2 – subparagraph 1 – point f (f) intentionally fails to attend compulsory integration measures; or
Amendment 430 #
Proposal for a directive Article 19 – paragraph 2 – subparagraph 1 – point g Amendment 431 #
Proposal for a directive Article 19 – paragraph 2 – subparagraph 1 – point g Amendment 432 #
Proposal for a directive Article 19 – paragraph 2 – subparagraph 1 – point g Amendment 433 #
Proposal for a directive Article 19 – paragraph 2 – subparagraph 1 – point h Amendment 434 #
Proposal for a directive Article 19 – paragraph 2 – subparagraph 1 – point h Amendment 435 #
Proposal for a directive Article 19 – paragraph 2 – subparagraph 1 – point h Amendment 436 #
Proposal for a directive Article 19 – paragraph 2 – subparagraph 1 – point h (h) has been sent back after having absconded to another Member State
Amendment 437 #
Proposal for a directive Article 19 – paragraph 2 – subparagraph 1 – point h a (new) (ha) has travelled to a conflict zone without generally acceptable justification for such travel.
Amendment 438 #
Proposal for a directive Article 19 – paragraph 2 – subparagraph 2 Amendment 439 #
Proposal for a directive Article 19 – paragraph 2 – subparagraph 2 Amendment 440 #
Proposal for a directive Article 19 – paragraph 2 – subparagraph 2 In relation to points (a) and (b), when the applicant is traced or voluntarily reports to the competent authority, a duly motivated decision, based on the reasons for the disappearance, such as a documented serious illness of the applicant, shall be taken on the reinstallation of the grant of some or all of the material reception conditions replaced, withdrawn or reduced.
Amendment 441 #
Proposal for a directive Article 19 – paragraph 2 – subparagraph 2 In relation to points (a) and (b), when the applicant is traced or voluntarily reports to the competent authority, a duly motivated decision, based on the reasons for the disappearance, shall be taken on the reinstallation of the grant of some or all of the material reception conditions
Amendment 442 #
Proposal for a directive Article 19 – paragraph 3 3. Decisions for
Amendment 443 #
Proposal for a directive 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 proportionality. Member States shall under all circumstances ensure access to health care in accordance with Article 18 and shall ensure a
Amendment 444 #
Proposal for a directive 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 proportionality. Member States shall under all circumstances ensure access to health care in accordance with Article 18 and shall ensure a
Amendment 445 #
Proposal for a directive 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 proportionality. Member States shall under all circumstances ensure access to health care in accordance with Article 18 and shall ensure a
Amendment 446 #
Proposal for a directive 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,
Amendment 447 #
Proposal for a directive Article 19 – paragraph 4 4. Member States shall ensure that material reception conditions are not
Amendment 448 #
Proposal for a directive Article 19 – paragraph 4 4. Member States
Amendment 449 #
Proposal for a directive Article 20 – paragraph 1 Member States shall take into account the specific situation of applicants with special reception needs, as defined in Article 2, in the national law implementing this Directive. Member States shall systematically assess whether the applicant is an applicant with special reception needs. Member States shall also indicate the nature of such needs. Member States shall also ensure that applicants can indicate themselves that they have special needs and that these indications are assessed. That assessment shall be integrated into the assessment referred to in [the Asylum Procedures Regulation], which may take place within existing national procedures. Member States shall ensure that those special reception needs are also addressed, in accordance with this Directive, if they become apparent at a later stage in the asylum procedure.
Amendment 450 #
Proposal for a directive 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 451 #
Proposal for a directive Article 20 – paragraph 1 a (new) Amendment 452 #
Proposal for a directive Article 21 – paragraph 1 – subparagraph 1 In order to effectively implement Article 20, Member States shall systematically assess whether the applicant is an applicant with special reception needs
Amendment 453 #
Proposal for a directive Article 21 – paragraph 1 – subparagraph 1 In order to effectively implement Article 20, Member States shall systematically assess, once an application for international protection is made, whether the applicant is an applicant with special reception needs. Member States shall also indicate the nature of such needs.
Amendment 454 #
Proposal for a directive Article 21 – paragraph 1 – subparagraph 1 In order to effectively implement Article 20, Member States
Amendment 455 #
Proposal for a directive Article 21 – paragraph 1 – subparagraph 2 That assessment shall be initiated as early
Amendment 456 #
Proposal for a directive Article 21 – paragraph 1 – subparagraph 2 That assessment shall be initiated as
Amendment 457 #
Proposal for a directive Article 21 – paragraph 1 – subparagraph 2 That assessment shall be initiated as early as possible, and no later than 30 days, after an application for international protection is made and may be integrated into existing national procedures or into the assessment referred to in Article [19] of Regulation (EU) No XXX/XXX [Procedures Regulation]. Member States shall ensure that those special reception needs are also addressed, in accordance with this Directive, if they become apparent at a later stage in the asylum procedure.
Amendment 458 #
Proposal for a directive Article 21 – paragraph 1 – subparagraph 2 That assessment
Amendment 459 #
Proposal for a directive Article 21 – paragraph 1 – subparagraph 3 Member States
Amendment 460 #
Proposal for a directive Article 21 – paragraph 2 – introductory part 2. For the purposes of paragraph 1, Member States
Amendment 461 #
Proposal for a directive 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) (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 (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 464 #
Proposal for a directive Article 21 – paragraph 2 – point c (c) refer applicants to a doctor or a psychologist trained in carrying out such an assessment, for further assessment of their psychological and physical state with the support of a qualified interpreter where there are indications that applicants may have been victim of gender-based harm, torture, rape or of another serious form of psychological, physical
Amendment 465 #
Proposal for a directive 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 1. The best interests of the child shall be a primary consideration for Member States when implementing the provisions of this Directive that
Amendment 467 #
Proposal for a directive Article 22 – paragraph 1 1. The best interests of the child shall be a primary consideration for Member States when implementing the provisions of this Directive that involve minors. Member States
Amendment 468 #
Proposal for a directive Article 22 – paragraph 2 – point a Amendment 469 #
Proposal for a directive Article 22 – paragraph 2 – point b (b) the minor
Amendment 470 #
Proposal for a directive 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 any form of violence and exploitation, and human trafficking;
Amendment 471 #
Proposal for a directive 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 472 #
Proposal for a directive Article 22 – paragraph 3 3. Member States shall ensure that minors have access to
Amendment 473 #
Proposal for a directive Article 22 – paragraph 3 3. Member States
Amendment 474 #
Proposal for a directive Article 22 – paragraph 4 4. Member States shall ensure access to rehabilitation services for minors who have been victims of any form of abuse, neglect, exploitation, torture or cruel, inhuman and degrading treatment, or who have suffered from armed conflicts, and ensure that appropriate mental health care
Amendment 475 #
Proposal for a directive Article 22 – paragraph 4 4. Member States
Amendment 476 #
Proposal for a directive Article 22 – paragraph 5 5. Member States shall ensure that
Amendment 477 #
Proposal for a directive Article 22 – paragraph 5 5. Member States
Amendment 478 #
Proposal for a directive Article 22 – paragraph 5 a (new) 5a. Consistent with the principle of family unity, parents or legal or customary primary caregivers shall not be detained. Minors and families with minor children shall be accommodated together in non- custodial, community-based placements while their immigration status is being resolved.
Amendment 479 #
Proposal for a directive Article 22 – paragraph 6 6. Those working with minors, including with unaccompanied minors, shall not have a verified record of child- related crimes or offenses and shall receive
Amendment 480 #
Proposal for a directive 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-
Amendment 481 #
Proposal for a directive Article 22 – paragraph 6 6. Those working with minors, including with unaccompanied minors, shall not have a verified
Amendment 482 #
Proposal for a directive Article 23 – paragraph 1 – subparagraph 1 Member States shall as soon as possible and no later than five
Amendment 483 #
Proposal for a directive Article 23 – paragraph 1 – subparagraph 1 Member States shall as soon as possible and no later than five
Amendment 484 #
Proposal for a directive Article 23 – paragraph 1 – subparagraph 1 Member States shall
Amendment 485 #
Proposal for a directive Article 23 – paragraph 1 – subparagraph 1 Member States
Amendment 486 #
Proposal for a directive Article 23 – paragraph 1 – subparagraph 1 Member States shall as soon as possible and no later than five
Amendment 487 #
Proposal for a directive Article 23 – paragraph 1 – subparagraph 1 Member States shall as soon as possible and no later than five
Amendment 488 #
Proposal for a directive Article 23 – paragraph 1 – subparagraph 2 Member States shall ensure that a guardian is
Amendment 489 #
Proposal for a directive Article 23 – paragraph 1 – subparagraph 2 Member States shall ensure that a guardian is
Amendment 490 #
Proposal for a directive Article 23 – paragraph 1 – subparagraph 2 Member States shall ensure that a guardian is not placed in charge of a disproportionate number of unaccompanied minors at the same time that would render him or her unable to perform his or her tasks effectively. Member States 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. To this end, unaccompanied minors shall be given information, in a child-friendly manner and in a language they understand, about who these entities or persons are and how to file complaints against their guardians in confidence and safety.
Amendment 491 #
Proposal for a directive Article 23 – paragraph 1 – subparagraph 2 Member States
Amendment 492 #
Proposal for a directive Article 23 – paragraph 1 – subparagraph 2 Member States shall ensure that a guardian is
Amendment 493 #
Proposal for a directive 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 494 #
Proposal for a directive Article 23 – paragraph 2 – subparagraph 2 Member States may place unaccompanied minors aged 16 or over in accommodation centres for adult applicants, if it is in their best interests, as prescribed in Article 22 (2) or in the best interests of others.
Amendment 495 #
Proposal for a directive Article 23 – paragraph 3 Amendment 496 #
Proposal for a directive Article 24 – paragraph 1 1. Member States shall ensure that persons who have been subjected to sexual and gender-based
Amendment 497 #
Proposal for a directive Article 24 – paragraph 1 1. Member States shall ensure that persons who have been subjected to sexual and gender-based
Amendment 498 #
Proposal for a directive Article 24 – paragraph 1 1. Member States shall ensure that persons who have been subjected to
Amendment 499 #
Proposal for a directive Article 24 – paragraph 1 1. Member States
Amendment 500 #
Proposal for a directive Article 24 – paragraph 2 2. Those working with victims of gender-based harm, torture, rape or other serious acts of
Amendment 501 #
Proposal for a directive Article 24 – paragraph 2 2. Those working with victims of gender-based harm, torture, rape or other serious acts of
Amendment 502 #
Proposal for a directive Article 24 – paragraph 2 2. Those working with victims of torture, rape or other serious acts of violence shall have had
Amendment 503 #
Proposal for a directive 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
Amendment 504 #
Proposal for a directive Article 25 – paragraph 2 – subparagraph 2 Amendment 505 #
Proposal for a directive Article 25 – paragraph 3 – subparagraph 1 – introductory part 3.
Amendment 506 #
Proposal for a directive Article 25 – paragraph 3 – subparagraph 1 – introductory part 3. Member States
Amendment 507 #
Proposal for a directive Article 25 – paragraph 3 –subparagraph 1 – point a (a) only to those who lack sufficient resources; and
Amendment 508 #
Proposal for a directive Article 25 – paragraph 3 – subparagraph 1 – point a (a)
Amendment 509 #
Proposal for a directive Article 25 – paragraph 3 – subparagraph 1 – point b (b)
Amendment 510 #
Proposal for a directive Article 25 – paragraph 3 – subparagraph 2 Amendment 511 #
Proposal for a directive Article 25 – paragraph 3 – subparagraph 2 Amendment 512 #
Proposal for a directive Article 25 – paragraph 4 – introductory part 4. Member States
Amendment 513 #
Proposal for a directive Article 25 – paragraph 4 – point a (a) impose monetary
Amendment 514 #
Proposal for a directive Article 25 – paragraph 4 – point b (b) provide that, as regards fees and other costs, the treatment of applicants shall not be
Amendment 515 #
Proposal for a directive Article 25 – paragraph 5 5. Member States may
Amendment 516 #
Proposal for a directive Article 25 – paragraph 5 5. Member States
Amendment 517 #
Proposal for a directive Article 25 – paragraph 6 6.
Amendment 518 #
Proposal for a directive Article 26 – paragraph 1 Each Member State
Amendment 519 #
Proposal for a directive Article 27 – paragraph 1 1. Member States
Amendment 520 #
Proposal for a directive Article 27 – paragraph 1 1. Member States shall, with due respect to their constitutional structure, put in place relevant mechanisms in order to ensure that appropriate guidance, monitoring and control of the level of reception conditions are established. Member States shall, where appropriate, take into account [operational standards on reception conditions and indicators developed by the
Amendment 521 #
Proposal for a directive Article 27 – paragraph 2 Amendment 522 #
Proposal for a directive Article 28 Amendment 523 #
Proposal for a directive Article 28 – paragraph 1 1. Each Member State shall draw up a contingency plan for situations of a disproportionate pressure setting out the planned
Amendment 524 #
Proposal for a directive Article 28 – paragraph 1 1. Each Member State shall draw up a contingency plan setting out the planned measures to be taken to ensure an adequate reception of applicants in accordance with this Directive in cases where the Member State is confronted with a disproportionate number of applicants for international protection.
Amendment 525 #
Proposal for a directive 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.
Amendment 526 #
Proposal for a directive Article 28 – paragraph 1 1. Each Member State shall draw up a contingency plan setting out the planned measures to be taken to ensure an adequate reception of applicants in accordance with this Directive in cases where the Member State is confronted with a disproportionate number of applicants for international protection. The applicants for international protection are to be understood as those required to be present on its territory, including those for whom the Member State is responsible in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation]
Amendment 527 #
Proposal for a directive Article 28 – paragraph 1 1. Each Member State
Amendment 528 #
Proposal for a directive Article 28 – paragraph 1 – subparagraph 1 a (new) The contingency plan should include a legislative framework for the national authorities to operate in case of a sudden influx of large numbers of irregular migrants. An important tool in countering significant migratory pressures is to perform push-backs at internal borders. Proper guidelines for the use of the push- back mechanism should therefore be included into the contingency plan.
Amendment 529 #
Proposal for a directive Article 28 – paragraph 2 2. The first contingency plan shall be completed, using a template to be ad
Amendment 530 #
Proposal for a directive 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 [
Amendment 531 #
Proposal for a directive 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 532 #
Proposal for a directive Article 29 – paragraph 1 1. Member States
Amendment 533 #
Proposal for a directive 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 534 #
Proposal for a directive Article 29 – paragraph 2 2. Member States shall allocate
Amendment 535 #
Proposal for a directive Article 30 – paragraph 1 By [
Amendment 536 #
Proposal for a directive Article 30 – paragraph 1 By [t
Amendment 537 #
Proposal for a directive Article 30 – paragraph 1 By [
Amendment 538 #
Proposal for a directive Article 30 – paragraph 2 Member States shall at the request of the Commission send the necessary information for drawing up the report by [
Amendment 539 #
Proposal for a directive Article 30 – paragraph 2 Member States
Amendment 54 #
Proposal for a directive Recital 2 (2) A common policy on asylum, including a Common European Asylum System (CEAS), which is based on the full and inclusive application of the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 1967, is a constituent part of the European Union’s objective of progressively establishing an area of freedom, security and justice open to those who, forced by circumstances, legitimately seek protection
Amendment 540 #
Proposal for a directive Article 30 – paragraph 2 Member States shall at the request of the Commission send the necessary information for drawing up the report by [
Amendment 541 #
Proposal for a directive Article 30 – paragraph 2 Member States shall at the request of the Commission send the necessary
Amendment 542 #
Proposal for a directive Article 31 – paragraph 1 a (new) 1a. Member States shall refuse to transpose laws, regulations and administrative provisions that they deem to be in violation of the principle of subsidiarity or the spirit of the treaties.
Amendment 543 #
Proposal for a directive Article 31 – paragraph 1 b (new) 1b. Member States shall refuse to enforce laws, regulations and administrative provisions transposed that they deem to be in violation of the principle of subsidiarity or the spirit of the treaties.
Amendment 55 #
Proposal for a directive 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
Amendment 56 #
Proposal for a directive 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 57 #
Proposal for a directive 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
Amendment 58 #
Proposal for a directive 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
Amendment 59 #
Proposal for a directive 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
Amendment 60 #
Proposal for a directive Recital 6 (6) The resources of the Asylum, Migration and Integration Fund and of the European Union Agency for Asylum should be sparingly mobilised to provide
Amendment 61 #
Proposal for a directive Recital 7 (7) In order to ensure equal treatment of applicants throughout the Union, this Directive should apply during all stages and types of procedures concerning applications for international protection, in all locations and facilities hosting applicants and for as long as they are allowed to remain on the territory of the Member States as applicants. This Directive does not apply to persons that have not lodged an application for international protection or are no longer considered to be applicants. It is necessary to clarify that material reception conditions should be made available to applicants as from the moment when the person expresses his or her wish to apply
Amendment 62 #
Proposal for a directive Recital 8 Amendment 63 #
Proposal for a directive Recital 8 Amendment 64 #
Proposal for a directive Recital 8 Amendment 65 #
Proposal for a directive Recital 8 (8)
Amendment 66 #
Proposal for a directive Recital 8 (8) Where an applicant is present in another Member State from the one in which he or she is required to be present in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation], the applicant is
Amendment 67 #
Proposal for a directive Recital 10 (10)
Amendment 68 #
Proposal for a directive Recital 10 (10) Standard conditions for the reception of applicants
Amendment 69 #
Proposal for a directive Recital 10 (10) Standard conditions for the
Amendment 70 #
Proposal for a directive 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
Amendment 71 #
Proposal for a directive 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, a
Amendment 72 #
Proposal for a directive Recital 12 (12) Harmonised EU rules on the documents to be issued to applicants make it more difficult for applicants to move in an unauthorised manner within the Union.
Amendment 73 #
Proposal for a directive Recital 12 (12) Harmonised
Amendment 74 #
Proposal for a directive Recital 12 (12) Harmonised
Amendment 75 #
Proposal for a directive Recital 12 (12) Harmonised
Amendment 76 #
Proposal for a directive Recital 13 Amendment 77 #
Proposal for a directive Recital 13 Amendment 78 #
Proposal for a directive Recital 13 Amendment 79 #
Proposal for a directive Recital 13 (13) Applicants do not have the right to choose the Member State of application. An applicant must apply for international protection
Amendment 80 #
Proposal for a directive Recital 14 Amendment 81 #
Proposal for a directive Recital 14 (14) Applicants are required to
Amendment 82 #
Proposal for a directive Recital 14 (14) Applicants are required to be present in the Member State where they made an application or in the Member State to which they are transferred in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation].
Amendment 83 #
Proposal for a directive Recital 14 (14) Applicants are required to be present in the Member State where they made an application or in the Member State to which they are transferred in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation].
Amendment 84 #
Proposal for a directive Recital 14 (14) Applicants are required to be present in the Member State where they made an application or in the Member State to which they are transferred in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation].
Amendment 85 #
Proposal for a directive Recital 15 Amendment 86 #
Proposal for a directive Recital 15 (15) The fact that an applicant has previously absconded to another Member State is an important factor when assessing the risk that the applicant may abscond. To ensure that the applicant does not abscond again and remains available to the competent authorities,
Amendment 87 #
Proposal for a directive Recital 16 (16) For duly justified and serious reasons of public interest or public order
Amendment 88 #
Proposal for a directive Recital 16 (16) For 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 should, where necessary, assign the applicant residence in
Amendment 89 #
Proposal for a directive Recital 16 (16) For 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]
Amendment 90 #
Proposal for a directive 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
Amendment 91 #
Proposal for a directive Recital 18 (18) All decisions restricting an applicant's freedom of movement need to be
Amendment 92 #
Proposal for a directive Recital 19 (19) In view of the serious consequences
Amendment 93 #
Proposal for a directive 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
Amendment 94 #
Proposal for a directive 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. Minors should not be detained or placed in confinement under any circumstances. Detention of applicants pursuant to this Directive should only be ordered in writing by judicial
Amendment 95 #
Proposal for a directive 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
Amendment 96 #
Proposal for a directive 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 97 #
Proposal for a directive Recital 21 (21) Where an applicant has been
Amendment 98 #
Proposal for a directive Recital 22 (22) With regard to administrative procedures relating to the grounds for detention, the notion of ‘due diligence’ at least requires that Member States take concrete and meaningful steps to ensure that the time needed to verify the grounds for detention is as short as possible, and that there is a real prospect that such verification can be carried out successfully in the shortest possible time.
Amendment 99 #
Proposal for a directive Recital 24 (24) Applicants who are in detention should be treated with full respect for human dignity
source: 597.665
2017/03/06
EMPL
145 amendments...
Amendment 100 #
Proposal for a directive Article 7 – paragraph 2 – subparagraph 1 – point c Amendment 101 #
Proposal for a directive Article 7 – paragraph 2 – subparagraph 1 – point d Amendment 102 #
Proposal for a directive Article 7 – paragraph 2 – subparagraph 1 – point d – indent 1 – for applicants who have not complied with the obligation to make an application in the first Member State of entry as set out in Article [4(1)] of Regulation (EU) No XXX/XXX [Dublin Regulation] and have travelled to another Member State without
Amendment 103 #
Proposal for a directive Article 8 – paragraph 1 1. Member States shall not hold a person in detention for the sole reason that he or she is an a
Amendment 104 #
Proposal for a directive Article 8 – paragraph 3 – introductory part 3. An applicant may be detained
Amendment 105 #
Proposal for a directive Article 8 – paragraph 3 – point b (b) in order to determine those elements on which the application for international protection is based
Amendment 106 #
Proposal for a directive Article 8 – paragraph 3 – point e (e) when he or she is detained subject to a return procedure under Directive 2008/115/EC of the European Parliament and of the Council34, in order to prepare the return
Amendment 107 #
Proposal for a directive Article 8 – paragraph 4 4. The Member States
Amendment 108 #
Proposal for a directive Article 9 – paragraph 1 – subparagraph 2 Administrative procedures relevant to the grounds for detention set out in Article 8(3) shall be executed with due diligence.
Amendment 109 #
Proposal for a directive Article 9 – paragraph 4 4. Detained applicants shall immediately be informed, in writing, where possible, in a language which they understand or are reasonably supposed to understand, of the reasons for detention and the procedures laid down in national law for challenging the detention order, as well as of the possibility to request free legal assistance and representation.
Amendment 110 #
Proposal for a directive Article 11 – paragraph 1 – subparagraph 2 Where applicants with special reception needs are detained, Member States shall ensure regular monitoring and adequate support taking into account their particular situation, including their physical and mental health.
Amendment 111 #
Proposal for a directive Article 11 – paragraph 2 – subparagraph 1 Minors
Amendment 112 #
Proposal for a directive Article 11 – paragraph 2 – subparagraph 1 Minors aged 15-17 shall be detained only as a measure of last resort and after it having been established that other less coercive alternative measures cannot be applied effectively. Such detention shall be for the shortest period of time and all efforts shall be made to release the detained minors and place them in accommodation suitable for minors. Minors under the age of 15 shall never be detained.
Amendment 113 #
Proposal for a directive Article 11 – paragraph 2 – subparagraph 2 Amendment 114 #
Proposal for a directive Article 11 – paragraph 2 – subparagraph 3 Amendment 115 #
Proposal for a directive Article 11 – paragraph 3 Amendment 116 #
Proposal for a directive Article 11 – paragraph 3 – subparagraph 1 Unaccompanied minors aged 15-17 shall be detained only in exceptional circumstances. All
Amendment 117 #
Proposal for a directive Article 11 – paragraph 3 – subparagraph 2 Amendment 118 #
Proposal for a directive Article 11 – paragraph 3 – subparagraph 3 As far as possible, unaccompanied minors shall be provided with accommodation in institutions provided with personnel who take into account the rights and needs of persons of their age and facilities adapted to unaccompanied minors. A special effort shall be made to ensure that the physical and sexual integrity of all minors is adequately protected.
Amendment 119 #
Proposal for a directive Article 11 – paragraph 3 – subparagraph 3 Amendment 120 #
Proposal for a directive Article 11 – paragraph 4 Amendment 121 #
Proposal for a directive Article 11 – paragraph 6 Amendment 122 #
Proposal for a directive 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
Amendment 123 #
Proposal for a directive Article 14 – paragraph 1 – subparagraph 2 The Member State concerned may stipulate that such access must be confined to the State education system. State education shall permit the continuation of the study of the language of the country of origin.
Amendment 124 #
Proposal for a directive Article 14 – paragraph 2 – subparagraph 1 Access to the education system shall not be postponed for more than
Amendment 125 #
Proposal for a directive Article 15 – paragraph 1 – subparagraph 1 Amendment 126 #
Proposal for a directive Article 15 – paragraph 1 – subparagraph 1 Member States shall ensure that a
Amendment 127 #
Proposal for a directive Article 15 – paragraph 1 – subparagraph 1 Member States shall ensure that applicants have access to the labour market
Amendment 128 #
Proposal for a directive Article 15 – paragraph 1 – subparagraph 1 Member States shall ensure that applicants have access to the labour market
Amendment 129 #
Proposal for a directive Article 15 – paragraph 1 – subparagraph 1 Member States shall ensure that applicants have access to the labour market no later than
Amendment 130 #
Proposal for a directive Article 15 – paragraph 1 – subparagraph 2 Amendment 131 #
Proposal for a directive Article 15 – paragraph 1 – subparagraph 2 Amendment 132 #
Proposal for a directive Article 15 – paragraph 1 – subparagraph 2 Amendment 133 #
Proposal for a directive Article 15 – paragraph 1 a (new) 1a. Member States shall provide applicants effective access to language courses free of charge from the date when the application for international protection was made.
Amendment 134 #
Proposal for a directive Article 15 – paragraph 1 a (new) 1a. Member States are encouraged to provide language courses to applicants from the moment of application, in order to integrate them and enable them to capitalise fully on their formal qualification and thus contribute to society.
Amendment 135 #
Proposal for a directive Article 15 – paragraph 1 b (new) 1b. Member States are encouraged to provide adequate training on employment legislation and non-discrimination to applicants and to authorities, in order to avoid exploitation in the workplace by means of undeclared work practices and other forms of severe labour exploitation, and to avoid discrimination from the date when the application for international protection was lodged.
Amendment 136 #
Proposal for a directive Article 15 – paragraph 2 – subparagraph 1 Amendment 137 #
Proposal for a directive Article 15 – paragraph 2 – subparagraph 2 Amendment 138 #
Proposal for a directive Article 15 – paragraph 2 – subparagraph 2 Amendment 139 #
Proposal for a directive Article 15 – paragraph 2 – subparagraph 2 Amendment 140 #
Proposal for a directive Article 15 – paragraph 2 a (new) 2a. Applicants, who have accessed the labour market in accordance with paragraph 1, shall never be given priority over nationals of the Member State concerned or other Union citizens, or third-country nationals lawfully residing in that Member State as regards to employment, education and other government provided services.
Amendment 141 #
Proposal for a directive Article 15 – paragraph 3 – introductory part 3. Member States shall provide applicants with adequa
Amendment 142 #
Proposal for a directive Article 15 – paragraph 3 – 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
Amendment 143 #
Proposal for a directive Article 15 – paragraph 3 – 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 membership rights and benefits conferred by such organisations, without prejudice to the national provisions on public policy and public security;
Amendment 144 #
Proposal for a directive Article 15 – paragraph 3 – point c (c)
Amendment 145 #
Proposal for a directive Article 15 – paragraph 3 – point c (c) e
Amendment 146 #
Proposal for a directive Article 15 – paragraph 3 – point d (d) recognition of diplomas, certificates and other evidence of formal qualifications in the context of existing procedures for recognition of foreign qualifications, with a view to ensure consistency with other Union policy on migration management, in accordance with Article 32 of Regulation (EU) xx/xx (qualification Regulation)1a , while facilitating, to the extent possible, full access for those applicants who cannot provide documentary evidence of their qualifications to appropriate schemes for the assessment, validation and
Amendment 147 #
Proposal for a directive Article 15 – paragraph 3 – point d a (new) (da) access to educational and vocational guidance services and employment advice centres;
Amendment 148 #
Proposal for a directive Article 15 – paragraph 3 – point e Amendment 149 #
Proposal for a directive Article 15 – paragraph 3 –subparagraph 2 – introductory part Member States may restrict equal treatment of applicants
Amendment 150 #
Proposal for a directive Article 15 – paragraph 3 – subparagraph 2 – introductory part Member States may impose restrict
Amendment 151 #
Proposal for a directive Article 15 – paragraph 3 – subparagraph 2 – point i Amendment 152 #
Proposal for a directive Article 15 – paragraph 3 – subparagraph 2 – point i (i) pursuant to point (b) of this paragraph, by excluding
Amendment 153 #
Proposal for a directive Article 15 – paragraph 3 – subparagraph 2 – point ii Amendment 154 #
Proposal for a directive Article 15 – paragraph 3 – subparagraph 2 – point ii Amendment 155 #
Proposal for a directive Article 15 – paragraph 3 – subparagraph 2 – point iii Amendment 156 #
Proposal for a directive Article 15 – paragraph 3 – subparagraph 2 – point iii Amendment 157 #
Proposal for a directive Article 15 – paragraph 3 – subparagraph 2 a (new) The restrictions to equal treatment referred to in points (ii) and (iii) shall not be applied to minors, parents of minor children and legal or customary primary caregivers.
Amendment 158 #
Proposal for a directive Article 15 – paragraph 3 – subparagraph 3 The right to adequa
Amendment 159 #
Proposal for a directive Article 15 – paragraph 3 – subparagraph 3 a (new) The equal treatment guaranteed by Member States may not be employed as a means of curtailing rights in general or lowering wage levels in particular.
Amendment 160 #
Proposal for a directive 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. Shall the nature of the employment require the applicant to travel, Member States shall proceed with no delay to issuing the applicant with a valid travel document as referred to in Article 6 of this Directive.
Amendment 161 #
Proposal for a directive Article 15 – paragraph 5 a (new) 5a. Where access to the labour market has been granted in accordance with paragraph 1, Member States shall also ensure that the applicant is informed of his/her employment rights in accordance with national law in writing, in a language he/she can understand.
Amendment 162 #
Proposal for a directive Article 16 – paragraph 1 a (new) 1a. For minors and families with minor children, material reception conditions shall also ensure a standard of living adequate for the child's physical, mental, spiritual, moral and social development. In line with the principle of non-discrimination, minors and families with minor children falling within the scope of this Directive shall be entitled to access the same family services as national children and national families with children.
Amendment 163 #
Proposal for a directive Article 16 – paragraph 5 5. When
Amendment 164 #
Proposal for a directive Article 17 – paragraph 1 – point c Amendment 165 #
Proposal for a directive Article 17 – paragraph 1 – point c (c) private
Amendment 166 #
Proposal for a directive Article 17 – paragraph 2 – point b (b) applicants have the possibility of communicating with relatives, legal advisers or counsellors, persons representing UNHCR and other relevant national, international and non- governmental organisations and bodies, and are provided with interpreters and translators to assist this process where required;
Amendment 167 #
Proposal for a directive Article 17 – paragraph 4 4. Member States shall take appropriate measures to prevent assault, LGBT-based and gender-based violence, including sexual assault and harassment when providing accommodation.
Amendment 168 #
Proposal for a directive Article 17 a Amendment 169 #
Proposal for a directive Article 17 a Amendment 170 #
Proposal for a directive Article 18 – paragraph 1 1. Member States shall ensure that applicants
Amendment 171 #
Proposal for a directive Article 18 – paragraph 1 1. Member States shall ensure that applicants, irrespective of where they are required to be present in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation], receive the necessary health care which shall include, at least, emergency care and essential treatment of illnesses, including of serious mental disorders. Member States shall ensure that minor children of applicants and applicants who are minors receive the same level of health care as national minors.
Amendment 172 #
Proposal for a directive Article 18 – paragraph 1 1. Member States shall ensure that applicants, irrespective of where they are required to be present in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation], receive the necessary physical and mental health care which shall include, at
Amendment 173 #
Proposal for a directive Article 18 – paragraph 1 1. Member States shall ensure that applicants, irrespective of where they are required to be present in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation], receive the necessary health care which shall include, at least, maternity medical aid, emergency care and essential treatment of illnesses, including of serious mental disorders.
Amendment 174 #
Proposal for a directive Article 18 – paragraph 2 2. Member States shall provide necessary medical or other assistance to applicants who have special reception needs, including appropriate mental health care where needed. Pregnant women shall have access to full pre- and post-natal care.
Amendment 175 #
Proposal for a directive 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
Amendment 176 #
Proposal for a directive Article 19 – paragraph 1 – point a (a)
Amendment 177 #
Proposal for a directive Article 19 – paragraph 1 – point b (b)
Amendment 178 #
Proposal for a directive Article 19 – paragraph 2 – point e (e) has
Amendment 179 #
Proposal for a directive Article 19 – paragraph 2 – point g a (new) (ga) has seriously breached the law of the Member State to which he or she has made an application for protection;
Amendment 180 #
Proposal for a directive 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
Amendment 181 #
Proposal for a directive Article 22 – paragraph 2 – point a (a) the preservation of family life, including family reunification possibilities;
Amendment 182 #
Proposal for a directive Article 22 – paragraph 2 – point b (b) the minor
Amendment 183 #
Proposal for a directive 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 any form of violence and exploitation, including human trafficking;
Amendment 184 #
Proposal for a directive Article 23 – paragraph 1 – subparagraph 1 Member States shall, as soon as possible and no later than five
Amendment 185 #
Proposal for a directive Article 23 – paragraph 1 – subparagraph 1 Member States shall as soon as |