2016/0222(COD) | [ParlTrack]

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 ~~or other close relatives such as unmarried minor siblings~~ already present in the Member State.

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. 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.

Amendment 102 #

Proposal for a directive
Recital 30

Amendment 103 #

Proposal for a directive
Recital 31

(31) Member States should ensure that applicants receive the necessary health care which should include~~, at least,~~ emergency care and essential treatment of illnesses~~, including of serious mental disorders~~. 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. 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 104 #

Laura FERRARA, Ignazio CORRAO, Fabio Massimo CASTALDO

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) An applicant's entitlement to material reception conditions under this Directive may be curtailed in certain circumstances such as where an applicant has absconded to another Member State from the Member State where he or she is required to be present. However, Member States should in all circumstances ensure access to health care and a dignified standard of living for applicants in line with the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of the Child, in particular by providing for the applicant's subsistence and basic needs both in terms of physical safety and dignity and in terms of interpersonal relationships, with due regard to the inherent vulnerabilities of the person as applicant for international protection and that of his or her family or caretaker. Due regard must also be given to applicants with special reception needs. The specific needs of children, in particular with regard to respect for the child's right to education and access to healthcare have to be taken into account. When a minor is in a Member State other than the one in which he or she is required to be present, Member States should provide the minor with access to suitable educational activities pending the transfer to the Member State responsible. The specific needs of women applicants who have experienced gender-based harm should be taken into account, including via ensuring access, at different stages of the asylum procedure, to medical care, legal support, and to appropriate trauma counselling and psycho-social care.

Amendment 106 #

Proposal for a directive
Recital 32

(32) An applicant's entitlement to material reception conditions under this Directive ~~may~~should be curtailed in certain circumstances such as where an applicant has absconded to another Member State from the Member State where he or she is required to be present. However, Member States should in all circumstances ensure access to health care and a dignified standard of living for applicants in line with the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of the Child, in particular by providing for the applicant's subsistence and basic needs both in terms of physical safety and dignity and in terms of interpersonal relationships, with due regard to the inherent vulnerabilities of the person as applicant for international protection and that of his or her family or caretaker. Due regard must also be given to applicants with special reception needs. The specific needs of children, in particular with regard to respect for the child's right to education and access to healthcare have to be taken into accountemergency health care for applicants. Due regard must also be given to applicants with special reception needs. When a minor is in a Member State other than the one in which he or she is required to be present, Member States should provide the minor with access to suitable ~~educational~~ activities pending the transfer to the Member State responsible. The specific needs of women applicants who have experienced gender-based harm should be taken into account~~, including via ensuring access, at different stages of the asylum procedure, to medical care, legal support, and to appropriate trauma counselling and psycho-social care~~.

Amendment 107 #

Proposal for a directive
Recital 32

(32) An applicant's entitlement to material reception conditions under this Directive may be curtailed in certain circumstances such as where an applicant has absconded to another Member State from the Member State where he or she is required to be present. However, Member States should in all circumstances ensure access to health care and a ~~dignified~~n adequate standard of living for applicants in line with the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of the Child, in particular by providing for the applicant's subsistence and basic needs both in terms of physical safety and dignity and in terms of interpersonal relationships, with due regard to the inherent vulnerabilities of the person as applicant for international protection and that of his or her family or caretaker. Due regard must also be given to applicants with special reception needs. The specific needs of children, in particular with regard to respect for the child's right to education and access to healthcare have to be taken into account. When a minor is in a Member State other than the one in which he or she is required to be present, Member States should provide the minor with access to suitable educational activities pending the transfer to the Member State responsible. The specific needs of women applicants who have experienced sexual or gender-based ~~harm~~violence should be taken into account, including via ensuring access, at different stages of the asylum procedure, to medical care, legal support, and to appropriate trauma counselling and psycho-social care.

Amendment 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

(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 prolonged period of time in transit. The definition should therefore include families formed outside the country of origin, but before their arrival on the territory of the Member States.deleted

Amendment 110 #

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 prolonged period of time in transit. The definition should therefore include families formed outside the country of origin, but before their arrival on the territory of the Member Statebe in line with Member States’ legal requirements.

Amendment 111 #

Proposal for a directive
Recital 33

Amendment 112 #

Proposal for a directive
Recital 34

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 ð and to ensure that such access is effective, by not imposing conditions that effectively hinder an applicant from seeking employment. Labour market tests used to give priority to nationals or to other Union citizens or to third country nationals legally resident in the Member State concerned should not hinder effective access for applicants to the labour market and should be implemented without prejudice, save for the possibility of the Member State concerned giving priority to nationals or to othe ~~principle of preference for Union citizens as expressed in the relevant provisions of the applicable Acts of Accession~~r Union citizens.

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 that effectively hinder an applicant from seeking employment. Labour market tests used to give priority to nationals or to other Union citizens or to third-country nationals legally resident in the Member State concerned should not hinder effective access for applicants to the labour market and should be implemented without prejudice to the principle of preference for Union citizens as expressed in the relev, including sector restrictions, working time restrictions or unreasonable administrative formalities, that effectively hinder an applicant pfro~~visions of the applicable Acts of Accession~~m seeking employment.

Amendment 115 #

Proposal for a directive
Recital 34

Amendment 116 #

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 is encouraged where the application is likely to be well- founded, including when its examination has been prioritised in accordance with Regulation (EU) No XXX/XXX [Procedures Regulation]. Member States should therefore consider reducing that time period as much as possible with a view to ensuring that applicants have access to the labour market no later than 3 months from the date when the application was lodged in cases where the application is likely to be well-founded. Member States should however not grant access to the labour market to applicants whose application for international protection is likely to be unfounded and for which an accelerated examination procedure is appliedIn order to increase integration prospects and self-sufficiency of applicants, immediate access to the labour market should be provided to the applicant.

Amendment 117 #

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 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-foundprimarily be based on labour market requirements in the Member State concerned. Member States should ~~however~~ not grant access to the labour market to applicants whose application for international protection is likely to be unfounded and for which an accelerated examination procedure is applied.

Amendment 118 #

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 is encouraged where the application is likely to be well-founded, including when its examination has been prioritised in accordance with Regulation (EU) No XXX/XXX [Procedures Regulation]. Member States should therefore consider reducing that time period as much as possible with a view to ensuring that applicants have access to the labour market no later than 3 months from the date when the application was lodged in cases where the application is likely to be well-founded. Member States should however not grant access to the labour market to applicants whose application for international protection is likely to be unfounded and for which an accelerated examination procedure is applied.

Amendment 119 #

Proposal for a directive
Recital 35

(35) TIt is crucial to support and encourage the integration of those applicants that have a realistic chance of receiving asylum. Therefore the maximum time frame for access to the labour market should be aligned with the duration of the examination procedure on the merits. In order to increase integration prospects and self-sufficiency of applicants, earlier access to the labour market is encouraged where the application is likely to be well-founded, including when its examination has been prioritised in accordance with Regulation (EU) No XXX/XXX [Procedures Regulation]. Member States should therefore consider reducing that time period as much as possible with a view to ensuring that applicants have access to the labour market no later than 3three months from the date when the application was lodged in cases where the application is likely to be well-founded. Member States should however not grant access to the labour market to applicants whose application for international protection is likely to be unfounded and for which an accelerated examination procedure is applied.

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 market to applicants whose application for international protection is likely to be unfounded and for which an accelerated examination procedure is applied.

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. ~~Applicants should also enjoy equal treatment as regards freedom of association and affiliation, education and vocational training, the recognition of professional qualifications and social security.~~

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 equal treatment with 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. Applicants should also enjoy equal treatment as regards freedom of association and affiliation~~, education and vocational training, the recognition of professional qualifications and social security~~.

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 Special measures also need to be considered with a view to effectively addressing the practical difficulties encountered by applicants concerning the authentication of their foreign diploma, certificates or other evidence of formal qualifications, in particular due to the lack of documentary evidence and their inability to meet the costs related to the recognition procedures. __________________ 25 Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 255, 30.9.2005, p. 22).

Amendment 124 #

Laura FERRARA, Ignazio CORRAO, Fabio Massimo CASTALDO

Proposal for a directive
Recital 38

(38) The definition of branches of social security used in Regulation (EC) No 883/2004 of the European Parliament and of the Council26 should apply. __________________ 26Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ L 166, 30.4.2004, p. 1.).deleted

Amendment 125 #

Proposal for a directive
Recital 39

(39) Due to the possibly temporary nature of the stay of applicants and without prejudice to Regulation (EU) No 1231/2010 of the European Parliament and of the Council, Member States should be able to exclude family benefits and unemployment benefits from equal treatment between applicants and their own nationals and should be able to limit the application of equal treatment in relation to education and vocational training. The right to freedom of association and affiliation may also be limited by excluding applicants from taking part in the management of certain bodies and from holding a public office.deleted

Amendment 126 #

Proposal for a directive
Recital 39

(39) Due to the possibly temporary nature of the stay of applicants and without prejudice to Regulation (EU) No 1231/2010 of the European Parliament and of the Council, Member States should be able to exclude family benefits and unemployment benefits from equal treatment between applicants and their own nationals and should be able to limit the application of equal treatment in relation to education and vocational training. The right to freedom of association and affiliation may ~~also~~ be limited by excluding applicants from taking part in the management of certain bodies and from holding a public office.

Amendment 127 #

Proposal for a directive
Recital 39

(39) Due to the ~~possibly~~ temporary nature of the stay of applicants and without prejudice to Regulation (EU) No 1231/2010 of the European Parliament and of the Council, Member States should be able to exclude family benefits and unemployment benefits from equal treatment between applicants and their own nationals and should be able to limit the application of equal treatment in relation to education and vocational training. The right to freedom of association and affiliation mayust also be limited by excluding applicants from taking part in the management of certain bodies and from holding a public office.

Amendment 128 #

Laura FERRARA, Ignazio CORRAO, Fabio Massimo CASTALDO

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. ~~Member States may grant less favourable treatment to applicants than to nationals as specified in this Directive.~~

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 onand the ~~basis of re~~possible va~~nt references to ensure adequate standards of living for nationals, such as minimum income benefits, minimum wages, minimum pensions, unemployment benefits and social assistance benefit~~riation thereof on the basis of relevant references. That does not mean that the amount granted should be the same as for nationals. Member States may grant less but not more favourable treatment to applicants than to nationals as specified in this Directive.

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 States should ~~be able to~~ provide material reception conditions only to the extent applicants or their family members as defined in this Directive and when present in the Member State, do not have sufficient means to provide for themselves. When assessing the resources of an applicant and ~~requiring an applicant~~his or her family members and requiring them to cover or contribute to the material reception conditions, Member States should observe the principle of proportionality and take into account the individual circumstances of the applicant and the need to respect his or her dignity or personal integrity, including the applicant's special reception needs. Applicants should not be required to cover or contribute to the costs of their necessary health care. The possibility of abuse of the reception system should also be restricted by specifying the circumstances in which accommodation, food, clothing and other essential non-food items provided in the form of financial allowances or vouchers may be replaced with reception conditions provided in kind and the circumstances in which the daily allowance may be reduced or withdrawn ~~while at the same time ensuring a dignified standard of living for all applicants~~.

Amendment 133 #

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 provide for themselves. When assessing the resources of an applicant and requiring an applicant to cover or contribute to the material reception conditions, Member States should observe the principle of proportionality and take into account the individual circumstances of the applicant and the need to respect his or her dignity or personal integrity, including the applicant's special reception needs. Applicants should not be required to cover or contribute to the costs of their necessary health care. The possibility of abuse of the reception system should also be restricted by specifying the circumstances in which accommodation, food, clothing and other essential non-food items provided in the form of financial allowances or vouchers may be replaced with reception conditions provided in kind and the circumstances in which the daily allowance may be reduced or withdrawn while at the same time ensuring a dignified standard of living for all applicants.

Amendment 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 provide for themselves. When assessing the resources of an applicant and requiring an applicant to cover or contribute to the material reception conditions, Member States should observe the principle of proportionality and take into account the individual circumstances of the applicant and the need to respect his or her dignity or personal integrity, including the applicant's special reception needs. Applicants should not be required to cover or contribute to the costs of their necessary health care. The possibility of abuse of the reception system should also be restricted by specifying the circumstances in which accommodation, food, clothing and other essential non-food items provided in the form of financial allowances or vouchers may be replaced with reception conditions provided in kind and the circumstances in which the daily allowance may be reduced or withdrawn while at the same time ensuring a ~~dignified~~n adequate standard of living for all applicants.

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 international protection. National contingency plans should provide the national authorities with the necessary legislative framework to perform push- backs at internal borders in case of a sudden influx of irregular migrants. Whether the measures envisaged in Member States' contingency plans are adequate should be regularly monitored and assessed.

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 #

Kati PIRI, Sylvie GUILLAUME, Christine REVAULT D'ALLONNES BONNEFOY, Tanja FAJON, Péter NIEDERMÜLLER, Maria GRAPINI

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) ‘'family members’': means ~~family members as defined in Article [2(9)] of Regulation (EU) XXX/XXX29 [Qualification Regulation]; __________________ 29~~the following members of the applicant's family who are present on the territory of the Member States - the spouse of the applicant or his or her unmarried partner in a stable relationship where the law or practice of the Member State concerned treats unmarried couples in a way comparable to married couples under its law relating to third-country nationals, - the minor children of couples referred to in the first indent or of the applicant... and regardless whether they were born out of wedlock or adopted as defined or recognised under national law, - when the applicant is a minor..., the father, mother or another adult responsible for the applicant, whether by law or by practice of the Member State where the adult is present, - the sibling or siblings of the applicant; OJ C […], […], p. […].

Amendment 140 #

Proposal for a directive
Article 2 – paragraph 1 – point 3

(3) ‘family members’: means ~~family members as defined in Article [2(9)] of Regulation (EU) XXX/XXX29 [Qualification Regulation]; __________________ 29 OJ C […], […], p. […].~~, in so far as the family already existed in the country of origin, the following members of the applicant’s family who are present in the same Member State in relation to the application for international protection: the spouse of the applicant, the unmarried minor children of the applicant and the parents of the unmarried minor applicant;

Amendment 141 #

Proposal for a directive
Article 2 – paragraph 1 – point 3

3. ‘family members’: means ~~family members as defined in Article [2(9)] of Regulation (EU) XXX/XXX29 [Qualification Regulation]; __________________ 29~~a spouse of an applicant, an applicant’s direct issue, and, in the case of unaccompanied minors, their parents; OJ C […], […], p. […].

Amendment 142 #

Laura FERRARA, Ignazio CORRAO, Fabio Massimo CASTALDO

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 ~~the~~a deliberate and unjustified action by which an applicant, in order to avoid asylum procedures, either leaves the territory where he or she is obliged to be present in accordance with Regulation (EU) No XXX/XXX32 [Dublin Regulation] or does not remain available to the competent authorities or to the court or tribunal; __________________ 32 OJ C […], […], p. […].tentionally and repeatedly avoids contact with the competent authorities;

Amendment 145 #

Proposal for a directive
Article 2 – paragraph 1 – point 11

(11) ‘risk of absconding’: means the proven existence of reasons in an individual case, which are based on specific and objective criteria strictly defined by national law, in line with guidelines set up by the European Union Agency for Fundamental Rights, to believe that an applicant may abscond;

Amendment 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, such as applicants who are minors, unaccompanied minors, disabled people, elderly people, pregnant women, single parents with minor children, victims of human trafficking, persons with serious illnesses, persons with mental disorders and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence, such as victims of female genital mutilation.

Amendment 147 #

Kati PIRI, Tanja FAJON, Péter NIEDERMÜLLER, Maria GRAPINI, Elly SCHLEIN, Soraya POST, Anna HEDH, Cécile Kashetu KYENGE

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 and persons who have been subjected to torture, rape or other ~~serious~~ forms of ~~psychological, physical or sexual violence, such as victims of female genital mutilation~~ serious violence.

Amendment 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 ~~minor~~ children, victims of human trafficking, persons with serious illnesses, persons with mental disorders and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence, such as victims of female genital mutilation and persons with post- traumatic stress disorder.

Amendment 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 ~~on the territory, including at the~~at its external border, in ~~the~~its territorial sea or in ~~the~~its transit zones ~~of the Member States~~, as long as they are allowed to remain on the territory of that Member State as applicants, as well as to family members, if they ~~are covered by such application for~~enjoy international protection according to international law.

Amendment 152 #

Anna Maria CORAZZA BILDT, Caterina CHINNICI, Hilde VAUTMANS, Vilija BLINKEVIČIŪTĖ, Julie WARD, Luigi MORGANO, Bodil VALERO, Brando BENIFEI, Damiano ZOFFOLI, Nathalie GRIESBECK, Jean LAMBERT

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 #

Kati PIRI, Péter NIEDERMÜLLER, Tanja FAJON, Maria GRAPINI, Sylvie GUILLAUME, Elly SCHLEIN, Anna HEDH, Cécile Kashetu KYENGE

Proposal for a directive
Article 3 – paragraph 3

3. This Directive does not apply when Council Directive 2001/55/EC33 applies. __________________ 33Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof (OJ L 212, 7.8.2001, p. 1).deleted

Amendment 154 #

Proposal for a directive
Article 4

More favourable provisions Member States may introduce or retain more favourable provisions as regards reception conditions for applicants and their depending close relatives who are present in the same Member State, or for humanitarian reasons, insofar as these provisions are compatible with this Directive.Article 4 deleted

Amendment 155 #

Kati PIRI, Péter NIEDERMÜLLER, Maria GRAPINI, Tanja FAJON, Sylvie GUILLAUME, Elly SCHLEIN, Anna HEDH, Cécile Kashetu KYENGE

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 ~~depending~~ close relatives who are present in the same Member State, or for humanitarian reasons, insofar as these provisions are compatible with this Directive.

Amendment 156 #

Kati PIRI, Péter NIEDERMÜLLER, Maria GRAPINI, Tanja FAJON

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 ~~lodg~~making their application for international protection, of any established benefits and of the obligations with which they must comply relating to reception conditions. They shall point out in the information provided that the applicant is not entitled to the reception conditions set out in Articles 14 to 17 of this Directive as stated in Article 17a of the same Directive in any Member State other than where he or she is required to be present in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation]in relation to reception conditions.

Amendment 157 #

Laura FERRARA, Ignazio CORRAO, Fabio Massimo CASTALDO

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. They shall point out in the information provided that the applicant is not entitled to the reception conditions set out in Articles 14 to 17 of this Directive as stated in Article 17a of the same Directive in any Member State other than where he or she is required to be present in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation].

Amendment 158 #

Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1

Member States shall inform applicants, a~~s soon as possible~~t the time when the person concerned expresses the intention to apply for international protection and at the latest when they ~~are~~ lodg~~ing~~e their application for international protection, of any established benefits and of the obligations with which they must comply relating to reception conditions. They shall point out in the information provided that the applicant is not entitled to the reception conditions set out in Articles 14 to 17 of this Directive as stated in Article 17a of the same Directive in any Member State other than where he or she is required to be present in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation].

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 ~~lodg~~making their application for international protection pursuant to Article 25 of Regulation XXX/XXXX [Asylum Procedures Regulation], of any established benefits and of the obligations with which they must comply relating to reception conditions. They shall point out in the information provided that the applicant is not entitled to the reception conditions set out in Articles 14 to 17 of this Directive as stated in Article 17a of the same Directive in any Member State other than where he or she is required to be present in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation]e rights and entitlements of the applicant in relation to access to reception conditions, legal aid, special needs, redress and right of appeal against detention or decisions relating to the replacement, reduction or withdrawal of reception conditions and information on the relevant asylum procedures.

Amendment 160 #

Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1

Member States ~~shall~~may inform applicants, as soon as possible and at the latest when they are lodging their application for international protection, of any established benefits and of the obligations with which they must comply relating to reception conditions. They ~~shall~~may point out in the information provided that the applicant is not entitled to the reception conditions set out in Articles 14 to 17 of this Directive as stated in Article 17a of the same Directive in any Member State other than where he or she is required to be present in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation].

Amendment 161 #

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~~within a reasonable time frame, not exceeding 15 days after they have made their application for international protection, of any established benefits and of the obligations with which they must comply relating to reception conditions. They shall point out in the information provided that the applicant is not entitled to the reception conditions set out in Articles 14 to 17 of this Directive as stated in Article 17a of the same Directive in any Member State other than where he or she is required to be present in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation].

Amendment 162 #

Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2

Member States shall ensure that applicants are provided with information on organisations or groups of persons that provide specific legal assistance and organisations that might be able to help or inform them concerning the available reception conditions, including health care.deleted

Amendment 163 #

Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2

Member States ~~shall~~may ensure that applicants are provided with information on organisations or groups of persons that provide specific legal assistance and organisations that might be able to help or inform them concerning the available reception conditions, including health care.

Amendment 164 #

Kati PIRI, Elly SCHLEIN, Péter NIEDERMÜLLER, Maria GRAPINI, Tanja FAJON, Cécile Kashetu KYENGE

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. ~~Where necessary, t~~This information shall also be supplied orally and adapted to the needs of ~~minor~~children or persons with special reception needs.

Amendment 167 #

Proposal for a directive
Article 5 – paragraph 2

2. Member States ~~shall~~may ensure that the information referred to in paragraph 1 is in writing using a standard template which shall be developed by the European Union Agency for Asylum and in a language that the applicant understands or is reasonably supposed to understand. Where necessary, this information shall also be supplied orally and adapted to the needs of minors.

Amendment 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 ~~or is reasonably supposed to understand~~. Where necessary, this information shall also be supplied orally and adapted to the needs of ~~minor~~the person concerned, taking account of their individual circumstances.

Amendment 169 #

Laura FERRARA, Ignazio CORRAO, Fabio Massimo CASTALDO

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. For safety reasons, the travel document cannot be issued for travelling to a conflict area.

Amendment 170 #

Proposal for a directive
Article 6 – paragraph 1

Member States ~~shall~~may provide applicants with a travel document ~~only when serious humanitarian or other imperative~~when 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 171 #

Proposal for a directive
Article 6 – paragraph 1

Member States ~~shall~~may provide applicants with a travel document only when serious humanitarian ~~or other imperative~~ reasons arise that require their presence in another State. The validity of the travel document shall be limited to the purpose and duration needed for the reason for which it is issued.

Amendment 172 #

Proposal for a directive
Article 6 – paragraph 1

Member States shall provide applicants with a travel document ~~only~~ when serious humanitarian or other ~~imperative~~ reasons arise that require their presence in another State. The validity of the travel document shall ~~be limited to~~cover at least the purpose and duration needed for the reason for which it is issued.

Amendment 173 #

Proposal for a directive
Article 6 – paragraph 1

Member States ~~shall~~may provide applicants with a travel document ~~only~~ when serious humanitarian or other imperative reasons arise that require their presence in another State. The validity of the travel document shall be limited to the purpose and duration needed for the reason for which it is issued.

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 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 benefits under this Directive.

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. ~~The assigned area shall not affect the unalienable sphere of private life and shall allow sufficient scope for guaranteeing access to all benefits under this Directive.~~

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 ~~benefi~~rights under this Directive.

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 #

Kati PIRI, Péter NIEDERMÜLLER, Maria GRAPINI, Tanja FAJON, Elly SCHLEIN, Anna HEDH, Cécile Kashetu KYENGE

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – introductory part

2. Member States ~~shall where necessar~~may decide on the residence of an applicant in a specific place for any of the following reasons:

Amendment 180 #

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – introductory part

2. Member States ~~shall where necessar~~may decide on the residence of an applicant in a specific place for any of the following reasons:

Amendment 181 #

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – introductory part

2. Member States ~~shall~~may, where necessary, proportionate and duly justified, decide on the residence of an applicant in a ~~specific place~~n open reception centre or specific open accommodation for any of the following reasons:

Amendment 182 #

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – introductory part

2. Member States ~~shall~~may where necessary decide on the residence of an applicant in a specific place for ~~any of the following reason~~justified reasons such as:

Amendment 183 #

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point a

(a) public interest or public order , such as allowing for even distribution of applicants to the area of the Member State;

Amendment 184 #

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point a

(a) public interest, public security or public order;

Amendment 185 #

Kati PIRI, Péter NIEDERMÜLLER, Maria GRAPINI, Tanja FAJON, Elly SCHLEIN, Cécile Kashetu KYENGE

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point c

~~(c) 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];~~deleted

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

~~(d) to effectively prevent the applicant from absconding, in particular:~~deleted

Amendment 189 #

Laura FERRARA, Ignazio CORRAO, Fabio Massimo CASTALDO

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point d – introductory part

~~(d) to effectively prevent the applicant from absconding, in particular:~~deleted

Amendment 190 #

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point d – introductory part

(d) to effectively prevent the applicant from absconding~~, in particular:~~;

Amendment 191 #

Laura FERRARA, Ignazio CORRAO, Fabio Massimo CASTALDO

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 adequate justification and made an application there; ordeleted

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

~~- where applicants are required to be present in another Member State in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation]; or~~deleted

Amendment 196 #

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point d – indent 2

~~- where applicants are required to be present in another Member State in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation]; or~~deleted

Amendment 197 #

Laura FERRARA, Ignazio CORRAO, Fabio Massimo CASTALDO

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point d – indent 2

~~- where applicants are required to be present in another Member State in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation]; or~~deleted

Amendment 198 #

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point d – indent 2

~~- where applicants are required to be present in another Member State in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation]; or~~deleted

Amendment 199 #

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point d – indent 3

- for applicants who have been sent back to the Member State where they are required to be present in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation] after having absconded to another Member State.deleted

Amendment 200 #

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point d – indent 3

Amendment 201 #

Laura FERRARA, Ignazio CORRAO, Fabio Massimo CASTALDO

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

~~In those cases, the provision of material reception conditions shall be subject to the actual residence by the applicant in that specific place.~~deleted

Amendment 204 #

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 2

~~In those cases, the provision of material reception conditions shall be subject to the actual residence by the applicant in that specific place.~~deleted

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 ~~shall~~may, where necessary, proportionate and duly justified after an individualised assessment carried out by a judicial authority, and after consulting with the applicant, require the applicant to report to the competent authorities, electronically or by telephone or to appear before them in person, ~~either without delay or at a specified time as frequently as necessary to effectively preven~~at a reasonable frequency and time. These measures shall be necessary, proportionate and shall not be so extensive or invasive as to restrict the applicant's fr~~om absconding~~eedom of movement or right to privacy and family life.

Amendment 206 #

Kati PIRI, Péter NIEDERMÜLLER, Maria GRAPINI, Tanja FAJON, Anna HEDH

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 ~~shall~~may, where necessary and proportionate, require the applicant to report to the competent authorities, or to appear before them in person, either without delay or at a specified time as frequently as necessary to effectively prevent the applicant from absconding. Such a decision shall be taken in writing and be subject to judicial review. Such judicial review shall be carried out ex-officio if it is maintained for a period of longer than two months.

Amendment 207 #

Laura FERRARA, Ignazio CORRAO, Fabio Massimo CASTALDO

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 ~~shall~~may, where necessary and proportionate and on the basis of a decision of a judicial authority, require the applicant to report to the competent authorities, or to appear before them in person, ~~either without delay or~~ at a specified time as frequently as necessary, but no more than once every working day, to effectively prevent the applicant from absconding.

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 ~~shall~~may, where necessary, and with the authorisation of the judicial authorities, require the applicant to report to the competent authorities, or to appear before them in person, either without delay or at a specified time as frequently as necessary to effectively prevent the applicant from absconding.

Amendment 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 ~~shall~~may, where necessary, require the applicant to report to the competent authorities, or to appear before them in person, either without delay or at a specified time as frequently as necessary to effectively prevent the applicant from absconding.

Amendment 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 ~~or assigned area~~. Decisions shall be taken objectively and impartially on the merits of the individual case and reasons shall be given if they are negative.

Amendment 211 #

Kati PIRI, Péter NIEDERMÜLLER, Maria GRAPINI, Tanja FAJON

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 ~~shall~~may provide for the possibility of granting applicants temporary permission to leave their place of residence or assigned area. Decisions shall be taken objectively and impartially on the merits of the individual case and reasons shall be given if they are negative.

Amendment 213 #

Laura FERRARA, Ignazio CORRAO, Fabio Massimo CASTALDO

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 ~~shall~~may require applicants to inform the competent authorities of their current place of residence or address or a telephone number where they may be reached and notify any change of telephone number or address to such authorities as soon as possible.

Amendment 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 orand a telephone number where they may be reached and notify any change of telephone number orand address to such authorities as soon as possible.

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 orand a telephone number where they may be reached and notify any change of telephone number, place of residence or address to such authorities as soon as possible.

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 ~~actual residence by the applicants~~genuine compliance by applicants with the requirements laid down for them, in particular, for instance, residence in a specific place.

Amendment 221 #

Proposal for a directive
Article 7 – paragraph 6

6. Member States ~~may~~shall make provision of the material reception conditions subject to actual residence by the applicants in a specific place.

Amendment 222 #

Proposal for a directive
Article 7 – paragraph 7

7. Decisions referred to in this Article shall be based on ~~the~~an individual ~~behaviour and~~assessment of the particular situation of the person concerned, including with regard to applicants with special reception needs, and with due regard to the principles of necessity and proportionality.

Amendment 223 #

Proposal for a directive
Article 7 – paragraph 7

7. Decisions referred to in ~~this Article~~paragraph 2 shall be based on the individual behaviour and particular situation of the person concerned, including with regard to applicants with special reception needs, and with due regard to the principle of proportionality.

Amendment 224 #

Laura FERRARA, Ignazio CORRAO, Fabio Massimo CASTALDO

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 understand or are reasonably supposed to understand, of the adoption of such a decision, of the procedures for challenging the decision in accordance with Article 25 and of the consequences of non- compliance with the obligations imposed by the decision. Applicants may be asked to make an appropriate contribution towards the cost of any translation required.

Amendment 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 ~~understand or are reasonably supposed to~~ understand, of the adoption of such a decision, of the procedures for challenging the decision in accordance with Article 25 and of the consequences of non- compliance with the obligations imposed by the decision.

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 ~~a language which they understand or are reasonably supposed to~~the official language of the Member State as well as in a language the applicant understands, of the adoption of such a decision, of the procedures for challenging the decision in accordance with Article 25 and of the consequences of non-compliance with the obligations imposed by the decision.

Amendment 227 #

Laura FERRARA, Ignazio CORRAO, Fabio Massimo CASTALDO

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~~paragraph 2. Applicants shall be immediately informed in writing, in a language which they understand or are reasonably supposed to understand, of the adoption of such a decision, of the procedures for challenging the decision in accordance with Article 25 and of the consequences of non- compliance with the obligations imposed by the decision.

Amendment 228 #

Kati PIRI, Elly SCHLEIN, Péter NIEDERMÜLLER, Maria GRAPINI, Tanja FAJON, Anna HEDH, Cécile Kashetu KYENGE

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 #

Laura FERRARA, Ignazio CORRAO, Fabio Massimo CASTALDO

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 ~~only~~in particular:

Amendment 233 #

Proposal for a directive
Article 8 – paragraph 3 – subparagraph 1 – introductory part

3. An applicant ~~may~~shall be detained only:

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; or when the information given by the applicant concerning his or her identity or nationality proves to be false;

Amendment 235 #

Proposal for a directive
Article 8 – paragraph 3 – subparagraph 1 – point c

(c) in order to ensure compliance with legal obligations imposed on the applicant through an individual decision in accordance with Article 7(2) in cases where the applicant has not complied with such obligations and there is a risk of absconding of the applicant.deleted

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 ~~legal~~the obligation~~s imposed on the applicant through an individual decision in accordance with Article 7(2) in cases where the applicant has not complied with such obligations and~~ to remain on the territory of the responsible Member State where there is a risk of absconding of the applicant.

Amendment 238 #

Proposal for a directive
Article 8 – paragraph 3 – subparagraph 1 – point d

~~(d) in order to decide, in the context of a border procedure in accordance with Article [41] of Regulation (EU) No XXX/XXX [Procedures Regulation], on the applicant’s right to enter the territory;~~deleted

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, ~~and~~or the Member State concerned can substantiate on the basis of objective criteria, including that he or she already had the opportunity to access the asylum procedure, that there are reasonable grounds to believe that he or she is making the application for international protection merely in order to delay or frustrate the enforcement of the return decision; __________________ 34 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 343, 23.12.2011, p.1).

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 #

Laura FERRARA, Ignazio CORRAO, Fabio Massimo CASTALDO

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. ~~Delays in administrative procedures that cannot be attributed to the applicant shall not justify a continuation of detention.~~

Amendment 243 #

Proposal for a directive
Article 9 – paragraph 2

2. Detention of applicants shall be ordered in writing by judicial ~~or administrative~~ authorities. The detention order shall state the reasons in fact and in law on which it is based.

Amendment 244 #

Laura FERRARA, Ignazio CORRAO, Fabio Massimo CASTALDO

Proposal for a directive
Article 9 – paragraph 3

3. Where detention is ordered by administrative authorities, Member States shall provide for a speedy judicial review of the lawfulness of detention to be conducted ex officio and/or at the request of the applicant. When conducted ex officio, such review shall be decided on as speedily as possible from the beginning of detention. When conducted at the request of the applicant, it shall be decided on as speedily as possible after the launch of the relevant proceedings. To this end, Member States shall define in national law the period within which the judicial review ex officio and/or the judicial review at the request of the applicant shall be conducted. Where, as a result of the judicial review, detention is held to be unlawful, the applicant concerned shall be released immediately.deleted

Amendment 245 #

Proposal for a directive
Article 9 – paragraph 3

Amendment 246 #

Laura FERRARA, Ignazio CORRAO, Fabio Massimo CASTALDO

Proposal for a directive
Article 9 – paragraph 3 – subparagraph 1

Where detention is ordered by administrative authorities, Member States shall provide for a speedy judicial review of the lawfulness of detention to be conducted ex officio and/or at the request of the applicant. When conducted ex officio, such review shall be decided on as speedily as possible from the beginning of detention. When conducted at the request of the applicant, it shall be decided on as speedily as possible after the launch of the relevant proceedings. To this end, Member States shall define in national law the period within which the judicial review ex officio and/or the judicial review at the request of the applicant shall be conducted.deleted

Amendment 247 #

Laura FERRARA, Ignazio CORRAO, Fabio Massimo CASTALDO

Proposal for a directive
Article 9 – paragraph 3 – subparagraph 2

~~Where, as a result of the judicial review, detention is held to be unlawful, the applicant concerned shall be released immediately.~~deleted

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 ~~it is of a prolonged duration,~~ relevant circumstances arise or new information becomes available which may affect the lawfulness of detention.

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 ~~have access to~~can request free legal assistance and representation. This shall include, at least, the preparation of the required procedural documents and participation in the hearing before the judicial authorities on behalf of the applicant.

Amendment 250 #

Proposal for a directive
Article 9 – paragraph 7 – introductory part

7. Member States ~~may~~shall also provide that free legal assistance and representation are granted:

Amendment 251 #

Proposal for a directive
Article 9 – paragraph 7 – point a

(a) only to those who lack sufficient resources; ~~and/or~~

Amendment 252 #

Proposal for a directive
Article 9 – paragraph 7 – point b

~~(b) only through the services provided by legal advisers or other counsellors specifically designated by national law to assist and represent applicants.~~deleted

Amendment 253 #

Proposal for a directive
Article 9 – paragraph 8 – introductory part

8. Member States ~~may~~shall also:

Amendment 254 #

Proposal for a directive
Article 9 – paragraph 9

9. Member States ~~may~~shall demand to be reimbursed wholly or partially for any costs granted if and when the applicant’s financial situation has improved considerably or if the decision to grant such costs was taken on the basis of false information supplied by the applicant.

Amendment 255 #

Proposal for a directive
Article 10 – paragraph 4

4. Member States shall ensure that family members, legal advisers ~~or counsellors and persons representing relevant non-governmental organisations recognised by the Member State concerned~~and counsellors have the possibility to communicate with and visit applicants in conditions that respect privacy. Limits to access to the detention facility may be imposed only where, by virtue of national law, they are objectively necessary for the security, public order or administrative management of the detention facility, provided that access is not thereby severely restricted or rendered impossible.

Amendment 256 #

Laura FERRARA, Ignazio CORRAO, Fabio Massimo CASTALDO

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 #

Elly SCHLEIN

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 2

Where ~~applicants with special reception need~~vulnerable persons are detained, Member States shall ensure regular monitoring and adequate support taking into account their particular situation, including their health.

Amendment 258 #

Proposal for a directive
Article 11 – paragraph 2 – subparagraph 1

Amendment 259 #

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. 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 minorsDetention of children shall be prohibited. However this shall not impinge on the criminal law of the Member State.

Amendment 260 #

Anna Maria CORAZZA BILDT, Caterina CHINNICI, Hilde VAUTMANS, Vilija BLINKEVIČIŪTĖ, Julie WARD, Luigi MORGANO, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI, Brando BENIFEI, Damiano ZOFFOLI, Nathalie GRIESBECK

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. ~~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.~~

Amendment 261 #

Proposal for a directive
Article 11 – paragraph 2 – subparagraph 1

Minors shall not be detained ~~only as a measure of last resort and after it having been established that other less coercive alternative measure~~; Member States shall instead accommodate minors can~~not 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~~d families with minors in non- custodial, community-based placements while their immigration status is processed.

Amendment 262 #

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. Such detention shall be for the shortest period of time and all efforts shall bDetention of children shall be prohibited. Member States shall establish appropriate care arrangements and community-based programmes to ensure the made ~~to release the detained minors and place them in accommodation suitable for minor~~quate reception of children and their families.

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 #

Laura FERRARA, Ignazio CORRAO, Fabio Massimo CASTALDO

Proposal for a directive
Article 11 – paragraph 2 – subparagraph 3

Amendment 265 #

Proposal for a directive
Article 11 – paragraph 2 – subparagraph 3

Amendment 266 #

Laura FERRARA, Ignazio CORRAO, Fabio Massimo CASTALDO

Proposal for a directive
Article 11 – paragraph 2 – subparagraph 3

Where minors are detained, the~~ir right to education must be secured and they shall have the possibility to engage in leisure activities, including play and recreational~~y shall have the possibility to engage in activities appropriate to their age.

Amendment 267 #

Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1

~~Unaccompanied minors shall be detained only in exceptional circumstances. All efforts shall be made to release the detained unaccompanied minor as soon as possible.~~deleted

Amendment 268 #

Anna Maria CORAZZA BILDT, Caterina CHINNICI, Hilde VAUTMANS, Vilija BLINKEVIČIŪTĖ, Julie WARD, Luigi MORGANO, Brando BENIFEI, Damiano ZOFFOLI, Nathalie GRIESBECK

Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1

~~Unaccompanied minors shall be detained only in exceptional circumstances. All efforts shall be made to release the detained unaccompanied minor as soon as possible.~~deleted

Amendment 269 #

Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1

~~Unaccompanied minors shall be detained only in exceptional circumstances. All efforts shall be made to release the detained unaccompanied minor as soon as possible.~~deleted

Amendment 270 #

Laura FERRARA, Ignazio CORRAO, Fabio Massimo CASTALDO

Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1

~~Unaccompanied minors shall be detained only in exceptional circumstances. All efforts shall be made to release the detained unaccompanied minor as soon as possible.~~deleted

Amendment 271 #

Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2

~~Unaccompanied minors shall never be detained in prison accommodation.~~deleted

Amendment 272 #

Anna Maria CORAZZA BILDT, Caterina CHINNICI, Hilde VAUTMANS, Vilija BLINKEVIČIŪTĖ, Julie WARD, Luigi MORGANO, Brando BENIFEI, Damiano ZOFFOLI, Nathalie GRIESBECK

Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2

~~Unaccompanied minors shall never be detained in prison accommodation.~~deleted

Amendment 273 #

Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2

~~Unaccompanied minors shall never be detained in prison accommodation.~~deleted

Amendment 274 #

Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2

Unaccompanied minors sh~~all never~~ould not be detained in prison accommodation where that can reasonably be avoided.

Amendment 275 #

Proposal for a directive
Article 11 – paragraph 3 – subparagraph 3

Amendment 276 #

Anna Maria CORAZZA BILDT, Caterina CHINNICI, Hilde VAUTMANS, Vilija BLINKEVIČIŪTĖ, Julie WARD, Luigi MORGANO, Brando BENIFEI, Damiano ZOFFOLI, Nathalie GRIESBECK

Proposal for a directive
Article 11 – paragraph 3 – subparagraph 4

~~Where unaccompanied minors are detained, Member States shall ensure that they are accommodated separately from adults.~~deleted

Amendment 277 #

Proposal for a directive
Article 11 – paragraph 3 – subparagraph 4

~~Where unaccompanied minors are detained, Member States shall ensure that they are accommodated separately from adults.~~deleted

Amendment 278 #

Anna Maria CORAZZA BILDT, Caterina CHINNICI, Hilde VAUTMANS, Vilija BLINKEVIČIŪTĖ, Julie WARD, Luigi MORGANO, Brando BENIFEI, Damiano ZOFFOLI, Nathalie GRIESBECK

Proposal for a directive
Article 11 – paragraph 4

~~4. Detained families shall be provided with separate accommodation guaranteeing adequate privacy.~~deleted

Amendment 279 #

Proposal for a directive
Article 11 – paragraph 4

~~4. Detained families shall be provided with separate accommodation guaranteeing adequate privacy.~~deleted

Amendment 280 #

Proposal for a directive
Article 11 – paragraph 4

~~4. Detained families shall be provided with separate accommodation guaranteeing adequate privacy.~~deleted

Amendment 281 #

Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1

~~Where female applicants are detained, Member States shall ensure that they~~Member States shall ensure that detained male and female applicants are accommodated separately ~~from male applicants~~, unless the ~~latter~~y are family members and all individuals concerned consent thereto.

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 ~~third subparagraph of paragraph 2, paragraph 4 and the~~ first subparagraph of paragraph 5, when the applicant is detained at a border post or in a transit zone~~, with the exception of the cases referred to in Article 41 of Regulation (EU) No XXX/XXX [Procedures Regulation]~~.

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 the third subparagraph of paragraph 2~~, paragraph 4~~ and the first subparagraph of paragraph 5, when the applicant is detained at a border post or in a transit zone, with the exception of the cases referred to in Article 41 of Regulation (EU) No XXX/XXX [Procedures Regulation].

Amendment 284 #

Proposal for a directive
Article 12 – paragraph 1

Member States shall take ~~appropriat~~suitable measures to ~~maintain as far as possible~~ensure that an applicant and his or her family ~~unity a~~members present within their territory remain together, as far as possible, if applicants are provided with housing by the Member State concerned. ~~Such measures shall be implemented with the applicant’s agreement.~~

Amendment 285 #

Proposal for a directive
Article 13 – paragraph 1

Member States may require medical screening for applicants, in particular on public health grounds.

Amendment 286 #

Anna Maria CORAZZA BILDT, Caterina CHINNICI, Hilde VAUTMANS, Vilija BLINKEVIČIŪTĖ, Julie WARD, Luigi MORGANO, Bodil VALERO, Brando BENIFEI, Damiano ZOFFOLI, Nathalie GRIESBECK, Jean LAMBERT

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 ~~similar~~the same conditions as their own nationals for ~~so long as an expulsion measure against them or their parents is not actually enforced. Such education may be provided in accommodation centres~~the entire duration of their presence in the territory of the Member State. Such education may be provided in accommodation centres, as a temporary measure until access to national education systems is ensured.

Amendment 287 #

Proposal for a directive
Article 14 – paragraph 1 – subparagraph 1

Member States ~~shall~~may grant ~~to minor children of applicants and to~~ applicants who are minors access to ~~the~~ education ~~system~~ under similar conditions as their own nationals ~~for so long as an expulsion measure against them or their parents is not actually enforced~~and residents until receiving their asylum decision. Such education may be provided in accommodation centres.

Amendment 288 #

Proposal for a directive
Article 14 – paragraph 1 – subparagraph 1

Member States ~~shall~~may grant to minor children of applicants and to applicants who are minors access to the education system under ~~similar conditions as their own na~~appropriate conditionals for so long as an expulsion measure against them or their parents is not actually enforced. Such education may be provided in accommodation centres.

Amendment 289 #

Proposal for a directive
Article 14 – paragraph 1 – subparagraph 3

Member States ~~shall~~may not withdraw from secondary education for the sole reason that the minor has reached the age of majority.

Amendment 290 #

Proposal for a directive
Article 14 – paragraph 2 – subparagraph 1

Access to the education system ~~shall~~may not be postponed for more than three months from the date on which the application for international protection was lodged by or on behalf of the minor.

Amendment 291 #

Proposal for a directive
Article 14 – paragraph 2 – subparagraph 1

AWhen granted, access to ~~the~~ education ~~system~~ shall not be postponed for more than three months from the date on which the application for international protection was lodged by or on behalf of the minor.

Amendment 292 #

Proposal for a directive
Article 14 – paragraph 2 – subparagraph 1

Access to the education system shall not be postponed for more than ~~thre~~one months from the ~~date on which the~~moment that the minor made an application for international protection ~~was lodged by or on behalf of the minor~~.

Amendment 293 #

Anna Maria CORAZZA BILDT, Caterina CHINNICI, Hilde VAUTMANS, Vilija BLINKEVIČIŪTĖ, Julie WARD, Luigi MORGANO, Bodil VALERO, Brando BENIFEI, Damiano ZOFFOLI, Nathalie GRIESBECK

Proposal for a directive
Article 14 – paragraph 2 – subparagraph 1

Access to the education system shall not be postponed for more than ~~thre~~one months from the date on which the application for international protection was lodged by or on behalf of the minor.

Amendment 294 #

Proposal for a directive
Article 14 – paragraph 2 – subparagraph 2

Preparatory classes, including language classes, ~~shall~~may be provided to minors where it is necessary to facilitate their access to and participation in the education system as set out in paragraph 1.

Amendment 295 #

Proposal for a directive
Article 14 – paragraph 3

3. Where access to ~~the~~ education ~~system~~ as set out in paragraph 1 is not possible due to the specific situation of the minor, the Member State concerned ~~shall~~may offer other education arrangements in accordance with its national law and practice.

Amendment 296 #

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 6 months~~ from the date when the application for international protection was lodged ~~if an administrative decision by the competent authority has not been taken and the delay cannot be attributed to the applicant~~.

Amendment 297 #

Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1

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 #

Kati PIRI, Péter NIEDERMÜLLER, Maria GRAPINI, Tanja FAJON, Soraya POST

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 6two months from the date when the application for international protection was lodged ~~if an administrative decision by the competent authority has not been taken and the delay cannot be attributed to the applicant~~.

Amendment 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 63 months from the date when the application for international protection was lodged if an administrative decision by the competent authority has not been taken and the delay cannot be attributed to the applicant.

Amendment 301 #

Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1

Member States ~~shall~~may ensure that applicants have access to the labour market no later than 6six months from the date when the application for international protection was lodged if an administrative decision by the competent authority has not been taken and the delay cannot be attributed to the applicant.

Amendment 302 #

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.deleted

Amendment 303 #

Kati PIRI, Péter NIEDERMÜLLER, Maria GRAPINI, Tanja FAJON, Sylvie GUILLAUME

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]~~established that the applicant has no right to international protection, access to the labour market shall not be granted.

Amendment 304 #

Proposal for a directive
Article 15 – paragraph 1 – subparagraph 2

Amendment 305 #

Proposal for a directive
Article 15 – paragraph 2 – subparagraph 1

~~Member States shall ensure that applicants, who have been granted access to the labour market in accordance with paragraph 1, have effective access to the labour market.~~deleted

Amendment 306 #

Proposal for a directive
Article 15 – paragraph 2 – subparagraph 1

Member States shall ~~ensure that applicants, who have been~~decide the conditions for granteding access to the labour market ~~in accordance with paragraph 1,~~for the applicant, in accordance with their national law, while ensuring that applicants have effective access to the labour market.

Amendment 307 #

Kati PIRI, Péter NIEDERMÜLLER, Maria GRAPINI, Tanja FAJON, Elly SCHLEIN, Anna HEDH, Cécile Kashetu KYENGE

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.deleted

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 ~~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~~give priority to Union citizens and nationals of States party to the Agreement on the European Economic Area, and to legally resident third-country nationals.

Amendment 312 #

Proposal for a directive
Article 15 – paragraph 2 – subparagraph 2

Amendment 313 #

Proposal for a directive
Article 15 – paragraph 2 – subparagraph 2

Amendment 314 #

Proposal for a directive
Article 15 – paragraph 2 – subparagraph 2

FWithout prejudice to paragraph 1, 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.

Amendment 315 #

Proposal for a directive
Article 15 – paragraph 3 –subparagraph 1- introductory part

3. Member States shall provide applicants, with equal treatment ~~with nationals~~to that of nationals, from the moment they make their application for international protection, as regards:

Amendment 316 #

Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1 – introductory part

3. Member States ~~shall~~may provide applicants with equal treatment ~~with~~to that of nationals as regards:

Amendment 317 #

Branislav ŠKRIPEK

Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1 – introductory part

3. Member States shall provide applicants with adequalte treatment ~~with~~and not give them priority over nationals as regards:

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 #

Laura FERRARA, Ignazio CORRAO, Fabio Massimo CASTALDO

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~~, without prejudice to the national provisions on public policy and public security~~;

Amendment 320 #

Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1 – point c

(c) ~~education and vocational training, except study and maintenance grants and loans or other grants and loans related to~~ education and vocational training;

Amendment 321 #

Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1 – point c

(c) e~~ducation and vocational training~~mployment-related education opportunities for adults, education and vocational training, including training courses for upgrading skills, practical workplace experience, except study and maintenance grants and loans or other grants and loans related to education and vocational training;

Amendment 322 #

Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1 – point c

(c) ~~education and vocational training, except study and maintenance grants and loans or other grants and loans related to~~ education and vocational training;

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, 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 accreditation of their prior learning.

Amendment 324 #

Branislav ŠKRIPEK

Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1 – point e

~~(e) branches of social security, as defined in Regulation (EC) No 883/2004.~~deleted

Amendment 325 #

Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1 – point e

~~(e) branches of social security, as defined in Regulation (EC) No 883/2004.~~deleted

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 #

Laura FERRARA, Ignazio CORRAO, Fabio Massimo CASTALDO

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

~~ii) pursuant to point (c) of this paragraph, to education and vocational training which is directly linked to a specific employment activity;~~deleted

Amendment 329 #

Proposal for a directive
Article 15 – paragraph 3 – subparagraph 2 – point ii

~~(ii) pursuant to point (c) of this paragraph, to education and vocational training which is directly linked to a specific employment activity;~~deleted

Amendment 330 #

Kati PIRI, Péter NIEDERMÜLLER, Maria GRAPINI, Tanja FAJON

Proposal for a directive
Article 15 – paragraph 3 – subparagraph 2 – point ii

~~(ii) pursuant to point (c) of this paragraph, to education and vocational training which is directly linked to a specific employment activity;~~deleted

Amendment 331 #

Laura FERRARA, Ignazio CORRAO, Fabio Massimo CASTALDO

Proposal for a directive
Article 15 – paragraph 3 – subparagraph 2 – point ii

~~(ii) pursuant to point (c) of this paragraph, to education and vocational training which is directly linked to a specific employment activity;~~deleted

Amendment 332 #

Proposal for a directive
Article 15 – paragraph 3 – subparagraph 2 – point iii

~~iii) pursuant to point (e) of this paragraph by excluding family benefits and unemployment benefits, without prejudice to Regulation (EU) No 1231/2010.~~deleted

Amendment 333 #

Proposal for a directive
Article 15 – paragraph 3 – subparagraph 2 – point iii

~~(iii) pursuant to point (e) of this paragraph by excluding family benefits and unemployment benefits, without prejudice to Regulation (EU) No 1231/2010.~~deleted

Amendment 334 #

Proposal for a directive
Article 15 – paragraph 3 – subparagraph 2 – point iii

~~(iii) pursuant to point (e) of this paragraph by excluding family benefits and unemployment benefits, without prejudice to Regulation (EU) No 1231/2010.~~deleted

Amendment 335 #

Proposal for a directive
Article 15 – paragraph 3 – subparagraph 3

The right to equal treatment shall not give rise to a right to reside in cases where a decision taken in accordance with Regulation (EU) No XXX/XXX [Procedures Regulation] has terminated the applicant's right to remain.deleted

Amendment 336 #

Proposal for a directive
Article 15 – paragraph 4

4. Access to the labour market shall not be withdrawn during appeals procedures, ~~where an appeal against a negative decision in a regular procedure has suspensive effect, until such time as a negative decision on the appeal is notified~~in order to discourage unfounded appeals with the sole aim of prolonged labour market access.

Amendment 337 #

Proposal for a directive
Article 15 – paragraph 4

4. Access to the labour market ~~shall~~may not be withdrawn during appeals procedures, where an appeal against a negative decision in a regular procedure has suspensive effect, until such time aswhen a negative decision on the appeal is notified.

Amendment 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 ~~shall~~may ensure that the applicant's document as referred to in Article [29] of Regulation (EU) No XXX/XXX [Procedures Regulation] state that the applicant has permission to take up gainful employment.

Amendment 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)

5b. Applicants who have been granted access to the labour market in accordance with paragraph 1 shall 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 in line with the conditions set out in Directive (EU) 2016/801.

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 #

Kati PIRI, Péter NIEDERMÜLLER, Maria GRAPINI, Tanja FAJON, Elly SCHLEIN, Soraya POST, Anna HEDH, Cécile Kashetu KYENGE

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 #

Kati PIRI, Péter NIEDERMÜLLER, Maria GRAPINI, Tanja FAJON, Sylvie GUILLAUME

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 ~~make their application for international protection in accordance with Article [25] of Regulation (EU) No XXX/XXX [Procedures Regulation]~~arrive on the territory of a Member State.

Amendment 349 #

Proposal for a directive
Article 16 – paragraph 1

1. Member States ~~shall~~may ensure that material reception conditions are available to applicants from the moment they make their application for international protection in accordance with Article [25] of Regulation (EU) No XXX/XXX [Procedures Regulation].

Amendment 350 #

Proposal for a directive
Article 16 – paragraph 2 – subparagraph 1

Member States ~~shall~~may ensure that material reception conditions provide an adequate standard of living for applicants, which guarantees their subsistence and protects their physical and mental health.

Amendment 351 #

Proposal for a directive
Article 16 – paragraph 2 – subparagraph 1

Member States shall ensure that material reception conditions provide a~~n adequate~~ minimum standard of living for applicants, which guarantees their subsistence ~~and protects their physical and mental health~~.

Amendment 352 #

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 as well as in relation to the situation of persons who are in detention.deleted

Amendment 353 #

Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2

Member States ~~shall~~may ensure that that standard of living is met in the specific situation of applicants with special reception needs as well as in relation to the situation of persons who are in detention.

Amendment 354 #

Anna Maria CORAZZA BILDT, Caterina CHINNICI, Hilde VAUTMANS, Vilija BLINKEVIČIŪTĖ, Julie WARD, Luigi MORGANO, Bodil VALERO, Brando BENIFEI, Damiano ZOFFOLI, Nathalie GRIESBECK, Jean LAMBERT

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 ~~may~~shall make the provision of all or some of the material reception conditions subject to the condition that applicants ~~do not have sufficient means to have a standard of living adequate for their health~~ or their family members, as defined in Article 2(3) and when present in the Member State, do not have sufficient meands to enable their subsistence.

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 ~~may~~shall require applicants or their family members to cover or contribute to the cost of the material reception conditions provided ~~for in paragraph 3~~, if the applicants or their family members have sufficient resources, for example if they have been working for a reasonable period of time.

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 ~~may~~shall ask the applicant for a refund.

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 ~~an applicant~~those to cover or contribute to the cost of the material reception conditions or when asking ~~an applicant~~them 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. Member States shall in all circumstances ensure that the applicant is provided with a standard of living which guarantees his or her subsistence ~~and protects his or her physical and mental health~~.

Amendment 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. ~~Member States shall in all circumstances ensure that the applicant is provided with a standard of living which guarantees his or her subsistence and protects his or her physical and mental health.~~

Amendment 364 #

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 observe the principle of proportionality~~. Member States shall also~~ and take into account the individual circumstances of the applicant and the need to respect his or her dignity or personal integrity, including the applicant's special reception needs. Member States shall in all circumstances ensure that the applicant is provided with a standard of living which guarantees his or her subsistence and protects his or her physical and mental health.

Amendment 365 #

Kati PIRI, Péter NIEDERMÜLLER, Maria GRAPINI, Tanja FAJON, Elly SCHLEIN, Anna HEDH, Cécile Kashetu KYENGE

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 ~~observe~~fully respect 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. Member States shall in all circumstances ensure that the applicant is provided with a standard of living which guarantees his or her subsistence and protects his or her physical and mental health.

Amendment 366 #

Laura FERRARA, Ignazio CORRAO, Fabio Massimo CASTALDO

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~~may observe the principle of proportionality. Member States ~~shall~~may also take into account the individual circumstances of the applicant and the need to respect his or her dignity or personal integrity, including the applicant's special reception needs. Member States ~~shall~~may in all circumstances ensure that the applicant is provided with a standard of living which guarantees his or her subsistence and protects his or her physical and mental health.

Amendment 367 #

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 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. Member States shall in all circumstances ensure that the applicant is provided with an adequate standard of living ~~which guarantees his or her subsistence and protects his or her physical and mental health~~as defined in this Directive.

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. Member States shall inform the Commission and the European Union Agency for Asylum of the levels of reference applied by national law or practice with a view to determining the level of financial assistance provided to applicants in accordance with this paragraph.

Amendment 369 #

Proposal for a directive
Article 16 – paragraph 6

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 ~~shall~~may inform the Commission and the European Union Agency for Asylum of the levels of reference applied by national law or practice with a view to determining the level of financial assistance provided to applicants in accordance with this paragraph.

Amendment 371 #

Proposal for a directive
Article 17 – paragraph 2 – introductory part

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 ~~shall~~may ensure that:

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 ~~and other relevant national, international and non- governmental organisations and bodies;~~.

Amendment 373 #

Proposal for a directive
Article 17 – paragraph 2 – point c

(c) family members, legal advisers or counsellors, persons representing UNHCR ~~and relevant non-governmental organisations recognised by the Member State concerned~~ are granted access in order to assist the applicants. Limits on such access may be imposed only on grounds relating to the security of the premises and of the applicants.

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 #

Ulrike LUNACEK, Daniele VIOTTI

Proposal for a directive
Article 17 – paragraph 3

3. Member States ~~shall~~may take into consideration gender and age-specific concerns and the situation of applicants with special reception needs when providing material reception conditions.

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 ~~shall~~may take appropriate measures to prevent assault and gender-based violence, including sexual assault and harassment when providing accommodation.

Amendment 379 #

Anna Maria CORAZZA BILDT, Caterina CHINNICI, Hilde VAUTMANS, Vilija BLINKEVIČIŪTĖ, Julie WARD, Luigi MORGANO, Bodil VALERO, Brando BENIFEI, Damiano ZOFFOLI, Nathalie GRIESBECK, Jean LAMBERT

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 ~~shall~~may ensure, as far as possible, that dependent adult applicants with special reception needs are accommodated together with close adult relatives who are already present in the same Member State and who are responsible for them whether by law or by the practice of the Member State concerned.

Amendment 381 #

Proposal for a directive
Article 17 – paragraph 6

6. Member States ~~shall~~may ensure that transfers of applicants from one housing facility to another take place only when necessary. Member States shall provide for the possibility for applicants to inform their legal advisers or counsellors of the transfer and of their new address.

Amendment 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 ~~may~~shall involve applicants in managing the material resources and non-material aspects of life in the centre ~~through an advisory board or council representing residents~~.

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 ~~different from~~inferior to those provided for in this Article, for a reasonable period which shall be as short as possible, when:

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 #

Miltiadis KYRKOS

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 #

Miltiadis KYRKOS

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 #

Laura FERRARA, Ignazio CORRAO, Fabio Massimo CASTALDO

Proposal for a directive
Article 17 – paragraph 9 – subparagraph 2

Such different conditions shall in any circumstances ensure free access to ~~health care~~primary and secondary health care, including sexual and reproductive health care, in accordance with Article 18 and a ~~dignified~~n adequate standard of living for all applicants.

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 ~~dignified~~n adequate standard of living as defined in this Directive for all applicants.

Amendment 391 #

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. 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.deleted

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 #

Laura FERRARA, Ignazio CORRAO, Fabio Massimo CASTALDO

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

Reception conditions in a Member State other than the one in which the applicant 1. to the reception conditions set out in Articles 14 to 17 in any Member State other than the one in which he or she is required to be present in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation]. 2. dignified standard of living for all applicants. 3. Regulation (EU) No XXX/XXX [Dublin Regulation] of a minor to the Member State responsibArticle 17a deleted is required to be present An applicant shall not be entitle,d Member States shall ~~provide him or her with access to suitable educational activities.~~ensure a Pending the transfer under

Amendment 396 #

Proposal for a directive
Article 17a

Amendment 397 #

Proposal for a directive
Article 17a – Title

Amendment 398 #

Kati PIRI, Péter NIEDERMÜLLER, Maria GRAPINI, Tanja FAJON, Sylvie GUILLAUME, Elly SCHLEIN, Cécile Kashetu KYENGE

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 in any Member State other than the one in which he or she is required to be present in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation].deleted

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~~n any Member State other than the one in which he or she is required to be present in accordance with~~f they fail to meet their obligations under Regulation (EU) No XXX/XXX [Dublin Regulation].

Amendment 400 #

Kati PIRI, Péter NIEDERMÜLLER, Maria GRAPINI, Tanja FAJON, Sylvie GUILLAUME, Elly SCHLEIN, Cécile Kashetu KYENGE

Proposal for a directive
Article 17a – paragraph 2

~~2. Member States shall ensure a dignified standard of living for all applicants.~~deleted

Amendment 401 #

Proposal for a directive
Article 17a – paragraph 2

~~2. Member States shall ensure a dignified standard of living for all applicants.~~deleted

Amendment 402 #

Proposal for a directive
Article 17a – paragraph 2

2. Member States shall ensure a ~~dignified~~n adequate standard of living for all applicants.

Amendment 403 #

Proposal for a directive
Article 17a – paragraph 2

2. Member States ~~shall~~may ensure a dignified standard of living for all applicants.

Amendment 404 #

Anna Maria CORAZZA BILDT, Caterina CHINNICI, Hilde VAUTMANS, Vilija BLINKEVIČIŪTĖ, Julie WARD, Luigi MORGANO, Brando BENIFEI, Damiano ZOFFOLI, Nathalie GRIESBECK

Proposal for a directive
Article 17a – paragraph 3

Amendment 405 #

Kati PIRI, Péter NIEDERMÜLLER, Maria GRAPINI, Tanja FAJON

Proposal for a directive
Article 17a – paragraph 3

Amendment 406 #

Proposal for a directive
Article 17a – paragraph 3

3. Pending the transfer under Regulation (EU) No XXX/XXX [Dublin Regulation] of a minor to the Member State responsible, Member States shall provide him or her with access to suitable educational activitiesThis article shall not apply to unaccompanied minors. When the applicants concerned are parents of minors, Member States may derogate from this article taking into account the best interests of the child, as this provision restricts access to education, equal treatment and material reception conditions such as housing, food and clothing.

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 ~~the necessary health care which shall include, at least,~~only emergency care and ~~essential~~acute treatment of severe illnesse~~s, including of serious mental disorder~~s.

Amendment 408 #

Proposal for a directive
Article 18 – paragraph 1

1. Member States ~~shall~~may ensure that applicants, irrespective of where they are required to be present in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation], receive the necessary health care which shall include, at least, emergency care and essential treatment of illnesses, including of serious mental disorders.

Amendment 409 #

Elly SCHLEIN

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]~~under the same conditions as their own nationals, from the date when the application for international protection was made, receive the necessary health care which shall include, at least, emergency care and essential treatment of illnesses, including of serious mental disorders.

Amendment 410 #

Anna Maria CORAZZA BILDT, Caterina CHINNICI, Hilde VAUTMANS, Vilija BLINKEVIČIŪTĖ, Julie WARD, Luigi MORGANO, Bodil VALERO, Brando BENIFEI, Damiano ZOFFOLI, Nathalie GRIESBECK, Jean LAMBERT

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~~, including appropriate mental health care where needed~~ and who are present in a Member State in which they are required to be present in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation], including appropriate mental health care where needed. Such assistance shall not be superior in scope or content to that provided to residents of the Member State in comparable situations.

Amendment 412 #

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 and rehabilitation services to victims of gender-based harm, torture, rape or other serious forms of psychological, physical or sexual violence.

Amendment 413 #

Proposal for a directive
Article 18 – paragraph 2

2. Member States ~~shall~~may provide necessary medical or other assistance to applicants who have special reception needs, including appropriate mental health care where needed.

Amendment 414 #

Proposal for a directive
Chapter 3 – title

~~REPLACEMENT,~~ REDUCTION OR WITHDRAWAL OF MATERIAL RECEPTION CONDITIONS

Amendment 415 #

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 may, in the situations described in paragraph 2 , and on the basis of a decision of judicial authorities:

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 States ~~may~~shall, in the situations described in paragraph 2 :

Amendment 417 #

Proposal for a directive
Article 19 – paragraph 1 – point a

~~(a) replace accommodation, food, clothing and other essential non-food items provided in the form of financial allowances and vouchers, with material reception conditions provided in kind; or~~deleted

Amendment 418 #

Proposal for a directive
Article 19 – paragraph 1 – point a

(a) replace accommodation~~, food, clothing and other essential non-food items~~ provided in the form of financial allowances and vouchers, with material reception conditions provided in kind; or

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 allowances.

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 ~~absconds~~without justification; or

Amendment 424 #

Proposal for a directive
Article 19 – paragraph 2 – subparagraph 1 – point e

~~(e) has seriously breached the rules of the accommodation centre or behaved in a seriously violent way; or~~deleted

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 #

Laura FERRARA, Ignazio CORRAO, Fabio Massimo CASTALDO

Proposal for a directive
Article 19 – paragraph 2 – subparagraph 1 – point e

(e) has ~~seriously~~ breached the rules of the accommodation centre or behaved in a ~~seriously~~ violent way; or

Amendment 427 #

Proposal for a directive
Article 19 – paragraph 2 – subparagraph 1 – point f

~~(f) fails to attend compulsory integration measures; or~~deleted

Amendment 428 #

Proposal for a directive
Article 19 – paragraph 2 – subparagraph 1 – point f

~~(f) fails to attend compulsory integration measures; or~~deleted

Amendment 429 #

Laura FERRARA, Ignazio CORRAO, Fabio Massimo CASTALDO

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

(g) has not complied with the obligation set out in Article [4(1)] of Regulation (EU) No XXX/XXX [Dublin Regulation] and has travelled to another Member State without adequate justification and made an application there; ordeleted

Amendment 431 #

Proposal for a directive
Article 19 – paragraph 2 – subparagraph 1 – point g

Amendment 432 #

Laura FERRARA, Ignazio CORRAO, Fabio Massimo CASTALDO

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

~~(h) has been sent back after having absconded to another Member State.~~deleted

Amendment 434 #

Proposal for a directive
Article 19 – paragraph 2 – subparagraph 1 – point h

~~(h) has been sent back after having absconded to another Member State.~~deleted

Amendment 435 #

Proposal for a directive
Article 19 – paragraph 2 – subparagraph 1 – point h

~~(h) has been sent back after having absconded to another Member State.~~deleted

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.; or

Amendment 437 #

Laura FERRARA, Ignazio CORRAO, Fabio Massimo CASTALDO

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

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 replaced, withdrawn or reduced.deleted

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

Amendment 442 #

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 dignified standard of living for all applicants.

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 ~~dignified~~n adequate standard of living for all applicants.

Amendment 444 #

Branislav ŠKRIPEK

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 ~~dignified~~n adequate standard of living for all applicants.

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 ~~dignified~~minimum standard of living for all applicants.

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, ~~especially with regard to applicants with special reception needs, taking into account the principle of proportionality~~taking into account the principle of proportionality and cannot be applied in relation to applicants with special reception needs. Member States shall under all circumstances ensure access to health care in accordance with Article 18 and shall ensure a dignified standard of living for all applicants.

Amendment 447 #

Proposal for a directive
Article 19 – paragraph 4

4. Member States shall ensure that material reception conditions are not ~~replaced,~~ withdrawn or reduced before a decision is taken in accordance with paragraph 3.

Amendment 448 #

Kati PIRI, Péter NIEDERMÜLLER, Maria GRAPINI, Tanja FAJON, Sylvie GUILLAUME, Elly SCHLEIN, Christine REVAULT D'ALLONNES BONNEFOY, Anna HEDH, Cécile Kashetu KYENGE

Proposal for a directive
Article 19 – paragraph 4

4. Member States ~~shall~~may ensure that material reception conditions are not replaced, withdrawn or reduced before a decision is taken in accordance with paragraph 3.

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)

In order to better ensure their physical and psychological integrity, applicants with special reception needs shall not be detained.

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~~. Member States shall also indicate the nature of such needs~~, with the assistance of a qualified interpreter where needed. Member States shall also indicate the nature of such needs, measures to be taken to respond to them and the authorities responsible for such a response.

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 ~~shall~~may systematically assess whether the applicant is an applicant with special reception needs. Member States ~~shall~~may also indicate the nature of such needs.

Amendment 455 #

Proposal for a directive
Article 21 – paragraph 1 – subparagraph 2

That assessment shall be initiated as early as possible after an application for international protection is made and may be integrated into existing national procedures or into the assessment referred to in Article [19] of Regulation (EU) No XXX/XXX [Procedures Regulation]. Member States 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, or if the applicant expresses a reasoned request to have his or her special reception needs reassessed.

Amendment 456 #

Kati PIRI, Péter NIEDERMÜLLER, Maria GRAPINI, Tanja FAJON, Sylvie GUILLAUME, Christine REVAULT D'ALLONNES BONNEFOY, Anna HEDH

Proposal for a directive
Article 21 – paragraph 1 – subparagraph 2

That assessment shall be initiated as ~~early~~soon as possible by a competent authority 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 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 ~~shall~~may be initiated as early as possible after an application for international protection is made and may be integrated into existing national procedures or into the assessment referred to in Article [19] of Regulation (EU) No XXX/XXX [Procedures Regulation]. Member States ~~shall~~may ensure that those special reception needs are also addressed, in accordance with this Directive, if they become apparent at a later stage in the asylum procedure.

Amendment 459 #

Proposal for a directive
Article 21 – paragraph 1 – subparagraph 3

Member States ~~shall~~may ensure that the support provided to applicants with special reception needs in accordance with this Directive takes into account their special reception needs throughout the duration of the asylum procedure and shall provide for appropriate monitoring of their situation.

Amendment 460 #

Proposal for a directive
Article 21 – paragraph 2 – introductory part

2. For the purposes of paragraph 1, Member States ~~shall~~may ensure that the personnel of the authorities referred to in Article 26:

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 ~~or sexual~~, bias- motivated or sexual and gender-based violence and that this could affect the reception needs of the applicant; and

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 #

Anna Maria CORAZZA BILDT, Caterina CHINNICI, Vilija BLINKEVIČIŪTĖ, Julie WARD, Luigi MORGANO, Hilde VAUTMANS, Bodil VALERO, Brando BENIFEI, Damiano ZOFFOLI, Nathalie GRIESBECK, Jean LAMBERT

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~~may affect minors. Member States shall ensure a standard of living adequate for the minor’s physical, mental, spiritual, moral and social development.

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 ~~shall~~may ensure a standard of living adequate for the minor’s physical, mental, spiritual, moral and social development.

Amendment 468 #

Proposal for a directive
Article 22 – paragraph 2 – point a

~~(a) family reunification possibilities;~~deleted

Amendment 469 #

Proposal for a directive
Article 22 – paragraph 2 – point b

(b) the minor’'s well-being and social development, taking into particular consideration the minor~~’s background~~'s background, such as the ethnic, religious, cultural and linguistic background and further having regard to the need for stability and continuity in care and access to health and education services;

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 #

Anna Maria CORAZZA BILDT, Caterina CHINNICI, Hilde VAUTMANS, Vilija BLINKEVIČIŪTĖ, Julie WARD, Luigi MORGANO, Bodil VALERO, Brando BENIFEI, Damiano ZOFFOLI, Nathalie GRIESBECK, Jean LAMBERT

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 ~~leisure activities, including play and recreational~~ activities appropriate to their age within the premises and accommodation centres referred to in Article 17(1)(a) and (b) and to open- air activities.

Amendment 473 #

Proposal for a directive
Article 22 – paragraph 3

3. Member States ~~shall~~may ensure that minors have access to leisure activities, including play and recreational activities appropriate to their age within the premises and accommodation centres referred to in Article 17(1)(a) and (b) and to open-air activities.

Amendment 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 ~~is developed~~ and qualified counselling is are provided when needed and available.

Amendment 475 #

Proposal for a directive
Article 22 – paragraph 4

4. Member States ~~shall~~may ensure access to rehabilitation services for minors who have been victims of any form of abuse, neglect, exploitation, torture or cruel, inhuman and degrading treatment, or who have suffered from armed conflicts, and ensure that appropriate mental health care is developed and qualified counselling is provided when needed.

Amendment 476 #

Proposal for a directive
Article 22 – paragraph 5

5. Member States shall ensure that ~~minor children of applicants or~~ applicants who are minors are lodged with their parents or with the adult responsible for them and their unmarried minor siblings whether by law or by the practice of the Member State concerned, provided it is in the best interests of the minors concerned.

Amendment 477 #

Proposal for a directive
Article 22 – paragraph 5

5. Member States ~~shall~~may ensure that minor children of applicants or applicants who are minors are lodged with their parents or with the adult responsible for them and their unmarried minor siblings whether by law or by the practice of the Member State concerned, provided it is in the best interests of the minors concerned.

Amendment 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 ~~continuous and~~ appropriate training concerning the rights and needs of ~~unaccompanied~~ minors, including concerning any applicable child safeguarding standards, and shall be bound by the confidentiality rules provided for in national law, in relation to any information about any individual case they obtain in the course of their work.

Amendment 480 #

Anna Maria CORAZZA BILDT, Caterina CHINNICI, Hilde VAUTMANS, Vilija BLINKEVIČIŪTĖ, Julie WARD, Luigi MORGANO, Brando BENIFEI, Damiano ZOFFOLI, Nathalie GRIESBECK

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- related crimes or offenses and shall receive continuous and appropriate training concerning the rights and needs of accompanied, separated and unaccompanied minors, including concerning any applicable child safeguarding standards, and shall be bound by the confidentiality rules provided for in national law, in relation to any information they obtain in the course of their work.

Amendment 481 #

Proposal for a directive
Article 22 – paragraph 6

6. Those working with minors, including with unaccompanied minors, shall not have a verified ~~record of~~criminal record, especially with regard to any child- related crimes or offenses and shall receive continuous and appropriate training concerning the rights and needs of unaccompanied minors, including concerning any applicable child safeguarding standards, and shall be bound by the confidentiality rules provided for in national law, in relation to any information they obtain in the course of their work.

Amendment 482 #

Anna Maria CORAZZA BILDT, Caterina CHINNICI, Hilde VAUTMANS, Vilija BLINKEVIČIŪTĖ, Julie WARD, Luigi MORGANO, Brando BENIFEI, Damiano ZOFFOLI, Nathalie GRIESBECK

Proposal for a directive
Article 23 – paragraph 1 – subparagraph 1

Member States shall as soon as possible and no later than five ~~working~~ days from the moment when an unaccompanied minor ~~makes an application for international protection~~arrives in a Member State take measures to ensure that a guardian represents and assists the unaccompanied minor to enable him or her to benefit from the rights and comply with the obligations provided for in this Directive. The guardian appointed in accordance with Article [22] of Regulation (EU) No XXX/XXX [Procedures Regulation] may perform those tasks. The unaccompanied minor shall be informed immediately of the appointment of the guardian. Where an organisation is appointed as guardian, it shall designate a person responsible for carrying out the duties of guardian in respect of the unaccompanied minor, in accordance with this Directive. The guardian shall perform his or her duties in accordance with the principle of the best interests of the child, as prescribed in Article 22 (2), shall have the necessary ~~expertise~~qualifications and expertise and receive continuous and appropriate training to that end, and shall not have a verified ~~record of~~criminal record, with particular regard to any child- related crimes or offences. After his or her appointment, the guardian's criminal record shall be regularly reviewed by the competent authorities to identify potential incompatibilities with his or her role. In order to ensure the minor’s well-being and social development referred to in Article 22 (2)(b), the person acting as guardian shall be changed only when necessary. Organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be appointed as guardians.

Amendment 483 #

Proposal for a directive
Article 23 – paragraph 1 – subparagraph 1

Member States shall as soon as possible and no later than five ~~working~~ days from the moment when an unaccompanied minor ~~makes an application for international protection~~arrives in the Member State take measures to ensure that a guardian represents and assists the unaccompanied minor to enable him or her to benefit from the rights and comply with the obligations provided for in this Directive. The guardian appointed in accordance with Article [22] of Regulation (EU) No XXX/XXX [Procedures Regulation] may perform those tasks. The unaccompanied minor shall be informed immediately of the appointment of the guardian. Where an organisation is appointed as guardian, it shall designate a person responsible for carrying out the duties of guardian in respect of the unaccompanied minor, in accordance with this Directive. The guardian shall be qualified and perform his or her duties in accordance with the principle of the best interests of the child, as prescribed in Article 22 (2), shall have the necessary expertise to that end and shall not have a verified ~~record of~~criminal record, especially with regard to any child- related crimes or offences. In order to ensure the minor’s well-being and social development referred to in Article 22 (2)(b), the person acting as guardian shall be changed only when necessary. Appointed guardians' criminal record shall be regularly reviewed by competent authorities to identify potential incompatibilities with their role. Organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be appointed as guardians.

Amendment 484 #

Proposal for a directive
Article 23 – paragraph 1 – subparagraph 1

Member States shall ~~as soon as possible~~immediately, and no later than five ~~working~~ days from the ~~moment when an unaccompanied minor makes an application for international protection~~arrival on EU territory of an unaccompanied minor, take measures to ensure that a guardian represents and assists the unaccompanied minor to enable him or her to benefit from the rights and comply with the obligations provided for in this Directive. The guardian appointed in accordance with Article [22] of Regulation (EU) No XXX/XXX [Procedures Regulation] may perform those tasks. The unaccompanied minor shall be informed immediately of the appointment of the guardian. Where an organisation is appointed as guardian, it shall designate a person responsible for carrying out the duties of guardian in respect of the unaccompanied minor, in accordance with this Directive. The guardian shall perform his or her duties in accordance with the principle of the best interests of the child, as prescribed in Article 22 (2), shall have the necessary expertise to that end and shall not have a verified record of criminal offences, and in particular child- related crimes or offences . The competent authorities shall regularly monitor the criminal record of the guardian, following his/her appointment, with a view to checking for anything incongruous with their role. In order to ensure the minor’s well-being and social development referred to in Article 22 (2)(b), the person acting as guardian shall be changed only when necessary. Organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be appointed as guardians .

Amendment 485 #

Kati PIRI, Péter NIEDERMÜLLER, Maria GRAPINI, Tanja FAJON, Sylvie GUILLAUME, Elly SCHLEIN, Christine REVAULT D'ALLONNES BONNEFOY, Anna HEDH, Cécile Kashetu KYENGE

Proposal for a directive
Article 23 – paragraph 1 – subparagraph 1

Member States ~~shall~~may as soon as possible and no later than five working days from the moment when an unaccompanied minor makes an application for international protection take measures to ensure that a guardian represents and assists the unaccompanied minor to enable him or her to benefit from the rights and comply with the obligations provided for in this Directive. The guardian appointed in accordance with Article [22] of Regulation (EU) No XXX/XXX [Procedures Regulation] may perform those tasks. The unaccompanied minor shall be informed immediately of the appointment of the guardian. Where an organisation is appointed as guardian, it shall designate a person responsible for carrying out the duties of guardian in respect of the unaccompanied minor, in accordance with this Directive. The guardian shall perform his or her duties in accordance with the principle of the best interests of the child, as prescribed in Article 22 (2), shall have the necessary expertise to that end and shall not have a verified record of child- related crimes or offences. In order to ensure the minor’s well-being and social development referred to in Article 22 (2)(b), the person acting as guardian shall be changed only when necessary. Organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be appointed as guardians.

Amendment 486 #

Proposal for a directive
Article 23 – paragraph 1 – subparagraph 1

Member States shall as soon as possible and no later than five ~~working~~ days from the moment when an unaccompanied minor makes an application for international protection take measures to ensure that a guardian represents and assists the unaccompanied minor to enable him or her to benefit from the rights and comply with the obligations provided for in this Directive. The guardian appointed in accordance with Article [22] of Regulation (EU) No XXX/XXX [Procedures Regulation] may perform those tasks. The unaccompanied minor shall be informed immediately of the appointment of the guardian. Where an organisation is appointed as guardian, it shall designate a person responsible for carrying out the duties of guardian in respect of the unaccompanied minor, in accordance with this Directive. The guardian shall perform his or her duties in accordance with the principle of the best interests of the child, as prescribed in Article 22 (2), shall have the necessary qualifications and expertise to that end and shall not have a verified record of child- related crimes or offences. In order to ensure the minor’s well-being and social development referred to in Article 22 (2)(b), the person acting as guardian shall be changed only when necessary. Organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be appointed as guardians.

Amendment 487 #

Proposal for a directive
Article 23 – paragraph 1 – subparagraph 1

Member States shall as soon as possible and no later than five ~~working~~ days from the moment when an unaccompanied minor ~~makes an application for international protection~~arrives in a Member State take measures to ensure that a guardian represents and assists the unaccompanied minor to enable him or her to benefit from the rights and comply with the obligations provided for in this Directive. The guardian appointed in accordance with Article [22] of Regulation (EU) No XXX/XXX [Procedures Regulation] may perform those tasks. The unaccompanied minor shall be informed immediately of the appointment of the guardian. Where an organisation is appointed as guardian, it shall designate a person responsible for carrying out the duties of guardian in respect of the unaccompanied minor, in accordance with this Directive. The guardian shall perform his or her duties in accordance with the principle of the best interests of the child, as prescribed in Article 22 (2), shall have the necessary expertise to that end, shall receive continuous and appropriate training to that end and shall not have a verified criminal record nor a record of child- related crimes or offences. In order to ensure the minor’s well-being and social development referred to in Article 22 (2)(b), the person acting as guardian shall be changed only when necessary. Organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be appointed as guardians.

Amendment 488 #

Kati PIRI, Péter NIEDERMÜLLER, Maria GRAPINI, Tanja FAJON, Sylvie GUILLAUME, Christine REVAULT D'ALLONNES BONNEFOY, Soraya POST, Anna HEDH

Proposal for a directive
Article 23 – paragraph 1 – subparagraph 2

Member States shall ensure that a guardian is ~~not~~ placed in charge of a ~~dis~~proportionate and limited number of unaccompanied minors at the same time t~~hat would render him~~o ensure that he or she~~r un~~ is able to perform his or her tasks effectively. Member States shall appoint entities or persons responsible for monitoring at regular intervals that guardians perform their tasks in a satisfactory manner. Those entities or persons shall also have the competence to review complaints lodged by unaccompanied minors against their guardian. Unaccompanied minors shall be informed, in a child-friendly manner and in a language they understand, about the procedure to file complaints against their guardians in confidence and safety and shall be granted the right to be heard in this respect.

Amendment 489 #

Proposal for a directive
Article 23 – paragraph 1 – subparagraph 2

Member States shall ensure that a guardian is ~~not~~ placed in charge of a ~~disproportiona~~limited number of not more than 20 unaccompanied minors at the same time t~~hat would render him or her un~~o ensure that the guardian is able to perform his or her tasks effectively. Member States shall appoint entities or persons responsible for monitoring at regular intervals that guardians perform their tasks in a satisfactory manner. Those entities or persons shall also have the competence to review complaints lodged by unaccompanied minors against their guardian. 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 490 #

Cornelia ERNST, Martina ANDERSON, Barbara SPINELLI, Dennis de JONG

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 ~~shall~~may 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~~may appoint entities or persons responsible for monitoring at regular intervals that guardians perform their tasks in a satisfactory manner. Those entities or persons shall also have the competence to review complaints lodged by unaccompanied minors against their guardian.

Amendment 492 #

Proposal for a directive
Article 23 – paragraph 1 – subparagraph 2

Member States shall ensure that a guardian is ~~not~~ placed in charge of a ~~disproportiona~~n acceptable and limited 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, within the first month of the guardian being appointed, and then at regular intervals that guardians perform their tasks in a satisfactory manner. Those entities or persons shall also have the competence to review complaints lodged by unaccompanied minors against their guardian.

Amendment 493 #

Anna Maria CORAZZA BILDT, Caterina CHINNICI, Hilde VAUTMANS, Vilija BLINKEVIČIŪTĖ, Julie WARD, Luigi MORGANO, Bodil VALERO, Brando BENIFEI, Damiano ZOFFOLI, Nathalie GRIESBECK, Jean LAMBERT

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

3. Member States shall start tracing the members of the unaccompanied minor’s family, where necessary with the assistance of international or other relevant organisations, as soon as possible after an application for international protection is made, whilst protecting his or her best interests. In cases where there may be a threat to the life or integrity of the minor or his or her close relatives, particularly if they have remained in the country of origin, care must be taken to ensure that the collection, processing and circulation of information concerning those persons is undertaken on a confidential basis, so as to avoid jeopardising their safety.deleted

Amendment 496 #

Kati PIRI, Péter NIEDERMÜLLER, Maria GRAPINI, Tanja FAJON, Sylvie GUILLAUME, Elly SCHLEIN, Christine REVAULT D'ALLONNES BONNEFOY

Proposal for a directive
Article 24 – paragraph 1

1. Member States shall ensure that persons who have been subjected to sexual and gender-based ~~harm~~violence, other forms of bias-motivated violence, torture, rape or other serious acts of psychological, physical or sexual violence are~~ceive the necessary treatment~~ provided with holistic rehabilitation services for the damage caused by such acts, in particular access to appropriate medical and psychological treatment or care as well as qualified counselling, with the support of a qualified interpreter where needed. Access to that support shall be as early as possible after a victim has been identified.

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 ~~harm~~violence, other forms bias-motivated violence, torture, rape or other serious acts of psychological, physical or sexual violence are~~ceive the necessary treatment~~ provided with holistic rehabilitation services for the damage caused by such acts, in particular access to appropriate medical and psychological treatment or care as well as qualified counselling, with the support of a qualified interpreter where needed. Access to that support shall be as early as possible after a victim has been identified.

Amendment 498 #

Proposal for a directive
Article 24 – paragraph 1

1. Member States shall ensure that persons who have been subjected to ~~gender-based harm,~~ torture, rape or other serious acts of violence receive the necessary treatment for the damage caused by such acts, in particular access to appropriate medical and psychological treatment or care.

Amendment 499 #

Proposal for a directive
Article 24 – paragraph 1

1. Member States ~~shall~~may ensure that persons who have been subjected to ~~gender-based~~ harm, torture, rape or other serious acts of violence receive the necessary treatment for the damage caused by such acts, in particular access to appropriate medical and psychological treatment or care.

Amendment 500 #

Kati PIRI, Péter NIEDERMÜLLER, Maria GRAPINI, Tanja FAJON, Sylvie GUILLAUME, Elly SCHLEIN, Christine REVAULT D'ALLONNES BONNEFOY, Soraya POST, Anna HEDH, Cécile Kashetu KYENGE

Proposal for a directive
Article 24 – paragraph 2

2. Those working with victims of gender-based harm, torture, rape or other serious acts of ~~violence~~psychological, physical or sexual violence, including health professionals in charge of implementing paragraph 1, shall have had and shall continue to receive appropriate training concerning their needs and appropriate rehabilitation methods, and shall be bound by the confidentiality rules provided for in national law and professional ethics codes, in relation to any information they obtain in the course of their work.

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 ~~violence~~psychological, physical or sexual violence, including health professionals in charge of implementing paragraph 1, shall have had and shall continue to receive appropriate training concerning their needs, and appropriate rehabilitation methods, 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 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 ~~and shall continue to receive~~ appropriate training concerning their victims’ needs, and shall be bound by the confidentiality rules provided for in national law, in relation to any information about any individual case they obtain in the course of their work.

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 ~~in so far as such aid is necessary to ensure effective access to justice~~. This shall include, at least, the preparation of the required procedural documents, the preparation of the appeal and participation in the hearing before the judicial authorities on behalf of the applicant. Free legal assistance and representation shall be provided by legal advisers or other counsellors permitted under national law to assist or represent the applicants or non-governmental organisations accredited under national law to provide advisory services or representation.

Amendment 504 #

Proposal for a directive
Article 25 – paragraph 2 – subparagraph 2

~~Free l~~Legal assistance and representation shall be provided by suitably qualified persons, as admitted or permitted under national law, whose interests do not conflict or could not potentially conflict with those of the applicant.

Amendment 505 #

Proposal for a directive
Article 25 – paragraph 3 – subparagraph 1 – introductory part

3. ~~Member States may also provide that~~The provision of free legal assistance and representation ~~are granted~~in the appeal procedure may be excluded only where:

Amendment 506 #

Proposal for a directive
Article 25 – paragraph 3 – subparagraph 1 – introductory part

3. Member States ~~may also~~shall provide that free legal assistance and representation are granted:

Amendment 507 #

Proposal for a directive
Article 25 – paragraph 3 –subparagraph 1 – point a

(a) only to those who lack sufficient resources; and~~/or~~

Amendment 508 #

Proposal for a directive
Article 25 – paragraph 3 – subparagraph 1 – point a

(a) ~~only to those who lack~~the applicant has sufficient resources; ~~and/or~~

Amendment 509 #

Proposal for a directive
Article 25 – paragraph 3 – subparagraph 1 – point b

(b) ~~only through the services provided by legal advisers~~the appeal is at a second level of appeal or othigher ~~counsellors specifically designated by national law to assist and represent applicant~~under national law as provided for under national law, including re-hearings or reviews of appeal, and that second level of appeal is considered to have no tangible prospect of success.

Amendment 510 #

Proposal for a directive
Article 25 – paragraph 3 – subparagraph 2

~~Member States may provide that f~~Free legal assistance and representation shall not be made available if the appeal or review is considered by a competent authority to have no tangible prospect of success. In such a case, Member States shall ensure that legal assistance and representation is not arbitrarily restricted and that the applicant’s effective access to justice is not hindered while, at the same time, the asylum system and thus the financial assets of a Member State are not abused by unfounded appeals.

Amendment 511 #

Proposal for a directive
Article 25 – paragraph 3 – subparagraph 2

~~Member States may provide tha~~Where a decision not to grant free legal assistance and representation ~~not be made available if~~is taken by an authority which is not a court or tribunal on the ground that the appeal ~~or review~~ is considered ~~by a competent authority to~~as haveing no tangible prospect of success~~. In such a case, Member States shall ensure that legal assistance and representation is not arbitrarily restricted~~, the applicant shall have the right to an effective remedy before a court or tribunal against that decision, and for that ~~the applicant’s effective access to justice is not hindered.~~ purpose he or she shall be entitled to request free legal assistance and representation.

Amendment 512 #

Proposal for a directive
Article 25 – paragraph 4 – introductory part

4. Member States ~~may~~shall also:

Amendment 513 #

Proposal for a directive
Article 25 – paragraph 4 – point a

(a) impose monetary ~~and/~~limits or time limits on the provision of free legal assistance and representation, provided that such limits do not arbitrarily restrict access to free legal assistance and representation or hinder the applicant's effective access to justice;

Amendment 514 #

Proposal for a directive
Article 25 – paragraph 4 – point b

(b) provide that, as regards fees and other costs, the treatment of applicants shall not be ~~more~~less favourable than the treatment generally ~~accorded~~given to their nationals in matters pertaining to legal assistance.

Amendment 515 #

Proposal for a directive
Article 25 – paragraph 5

5. Member States may ~~demand to be reimbursed wholly or partially for any costs granted if an~~request total or partial reimbursement of any costs incurred whenre the ~~applicant’s financial situation has improved considerably or if the decision to grant such costs~~decision to provide free legal assistance and representation was taken on the basis of false information supplied by the applicant.

Amendment 516 #

Proposal for a directive
Article 25 – paragraph 5

5. Member States ~~may~~shall demand to be reimbursed wholly or partially for any costs granted if and when the applicant’s financial situation has improved considerably or if the decision to grant such costs was taken on the basis of false information supplied by the applicant.

Amendment 517 #

Proposal for a directive
Article 25 – paragraph 6

6. ~~Procedures for access to legal assistance and representation shall be laid down in national law.~~ Member States shall lay down specific procedural rules concerning the modalities for filing and processing requests for the provision of free legal assistance and representation or they shall apply the existing rules for domestic claims of a similar nature, provided that those rules do not render access to free legal assistance and representation impossible or excessively difficult.

Amendment 518 #

Proposal for a directive
Article 26 – paragraph 1

Each Member State ~~shall~~may notify the Commission of the authorities responsible for fulfilling the obligations arising under this Directive. Member States shall inform the Commission of any changes in the identity of such authorities.

Amendment 519 #

Proposal for a directive
Article 27 – paragraph 1

1. Member States ~~shall~~may, with due respect to their constitutional structure, put in place relevant mechanisms in order to ensure that appropriate guidance, monitoring and control of the level of reception conditions are established. Member States shall take into account [operational standards on reception conditions and indicators developed by the European Asylum Support Office / the European Union Agency for Asylum] and any other reception conditions operational standards, indicators or guidelines established in accordance with Article [12] of Regulation (EU) No XXX/XXX [Regulation on the European Union Agency for Asylum].

Amendment 52 #

Gilles LEBRETON

Proposal for a directive
–

The European Parliament rejects the Commission proposal.

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 European Asylum Support Office / the European Union Agency for Asylum] and any other reception conditions operational standards, indicators or guidelines established in accordance with Article [12] of Regulation (EU) No XXX/XXX [Regulation on the European Union Agency for Asylum].

Amendment 521 #

Proposal for a directive
Article 27 – paragraph 2

2. Member States' reception systems shall be monitored and assessed in accordance with the procedure set out in [Chapter 5] of Regulation (EU) No XXX/XXX [Regulation on the European Union Agency for Asylum].deleted

Amendment 522 #

Proposal for a directive
Article 28

1. a contingency plan setting out the planned measures to be taken to ensure an adequate reception of applicants in accordance with this Directive in cases where the Member State is confronted with a disproportionate number of applicants for international protection. The applicants for international protection are to be understood as those required to be present on its territory, including those for whom the Member State is responsible in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation], taking into account the corrective allocation mechanism outlined in Chapter VII of that Regulation. 2. 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 [6 months after entry into force of this Directive]. An updated contingency plan shall be notified to the European Union Agency for Asylum every two years thereafter. TheArticle 28 deleted Contingency planning Each Member States shall inform the Commission and the European Union Agency for Asylum whenever its contingency plan is activated. 3. The contingency plans, and in particular the adequacy of the measures taken according to the plans, shall be monitored and assessed in accordance with the procedure set out in [Chapter 5] of Regulation (EU) No XXX/XXX [Regulation on the European Union Agency for Asylum].draw up The first contingency plan shall be

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 measures to be taken to ensure an adequate reception of applicants for international protection in accordance with this Directive in cases where the Member State is confronted with a disproportionate number of applicants for international protection. The applicants for international protection are to be understood as those required to be present on its territory, including those for whom the Member State is responsible in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation], taking into account the corrective allocation mechanism outlined in Chapter VII of that Regulation.

Amendment 524 #

Kati PIRI, Péter NIEDERMÜLLER, Maria GRAPINI, Tanja FAJON

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], taking into account the corrective allocation mechanism outlined in Chapter VII of that Regulation.

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. The applicants for international protection are to be understood as those required to be present on its territory, including those for whom the Member State is responsible in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation], taking into account the corrective allocation mechanism outlined in Chapter VII of that Regulation.

Amendment 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]~~, taking into account the corrective allocation mechanism outlined in Chapter VII of that Regulation~~.

Amendment 527 #

Proposal for a directive
Article 28 – paragraph 1

1. Each Member State ~~shall~~may draw up a contingency plan setting out the planned measures to be taken to ensure an adequate reception of applicants in accordance with this Directive in cases where the Member State is confronted with a disproportionate number of applicants for international protection. The applicants for international protection are to be understood as those required to be present on its territory, including those for whom the Member State is responsible in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation], taking into account the corrective allocation mechanism outlined in Chapter VII of that Regulation.

Amendment 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~~evel~~opted by the Management Board of the European Union Agency for Asylum, and shall be notified to the European Union Agency for Asylum at the latest by [6 months after entry into force of this Directive]. An updated contingency plan shall be notified to the European Union Agency for Asylum every two years thereafter. The Member States shall inform the Commission and the European Union Agency for Asylum whenever its contingency plan is activated.

Amendment 53 #

Proposal for a directive
–

The European Parliament rejects the Commission proposal.

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 [6six months after entry into force of this Directive]. An updated contingency plan shall be notified to the European Union Agency for Asylum every ~~two year~~six months thereafter. The Member States shall inform the Commission and the European Union Agency for Asylum whenever its contingency plan is activated.

Amendment 531 #

Proposal for a directive
Article 29 – paragraph 1

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 ~~shall~~may take appropriate measures to ensure that authorities and other organisations implementing this Directive have received the necessary training with respect to the needs of both male and female applicants. To that end, Member States shall integrate the European asylum curriculum developed by the European Union Agency for Asylum into the training of their personnel in accordance with Regulation (EU) No XXX/XXX [Regulation on the European Union Agency for Asylum]applicants.

Amendment 533 #

Anna Maria CORAZZA BILDT, Caterina CHINNICI, Hilde VAUTMANS, Vilija BLINKEVIČIŪTĖ, Julie WARD, Luigi MORGANO, Bodil VALERO, Brando BENIFEI, Damiano ZOFFOLI, Nathalie GRIESBECK, Jean LAMBERT

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 ~~the necessary resources~~resources to the degree they deem necessary in connection with the national law implementing this Directive.

Amendment 535 #

Proposal for a directive
Article 30 – paragraph 1

By [~~thre~~one years after the entry into force of this Directive] at the latest, and at least every ~~fiv~~three years thereafter, the Commission shall present a report to the European Parliament and the Council on the application of this Directive and shall propose any amendments that are necessary.

Amendment 536 #

Proposal for a directive
Article 30 – paragraph 1

By [t~~hree~~wo years after the entry into force of this Directive] at the latest, and at least every ~~five~~two years thereafter, the Commission shall present a report to the European Parliament and the Council on the application of this Directive and shall propose any amendments that are necessary.

Amendment 537 #

Proposal for a directive
Article 30 – paragraph 1

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 [~~two year~~six months after the entry into force of this Directive] and every ~~five~~two years thereafter .

Amendment 539 #

Proposal for a directive
Article 30 – paragraph 2

Member States ~~shall~~may at the request of the Commission send the necessary information for drawing up the report by [two years after the entry into force of this Directive] and every five years thereafter.

Amendment 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 in the Union, thus affirming the principle of non-refoulement. Such a policy should be governed by the principle of ~~solidarity and fair sharing of responsibility, including its financial implications, between the Member States~~affordability, taking into account the absorption capacities of the receiving societies as well as maximal self-reliance of the seekers of 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 [~~two year~~18 months after the entry into force of this Directive] and every ~~fiv~~three years thereafter.

Amendment 541 #

Proposal for a directive
Article 30 – paragraph 2

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 ~~are important drivers of secondary movement and~~ undermine the objective of ensuring that all applicants are equally treated wherever they apply in the Union.

Amendment 56 #

Proposal for a directive
Recital 4

(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 ~~persistent problems in ensuring adhere~~variance toin the reception standards ~~required for a dignified treatment of applicants in some~~among Member States has contributed to a disproportionate burden falling on a few Member States with generally high reception ~~standards which are then under pressure to reduce their~~ standards. More equal reception standards set at an appropriate and economically realistic level across all Member States will contribute to a ~~more dignified treatment and~~ fairer distribution of applicants across the EUnion thus contributing to the faster processing of applications.

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 treatment of applicants in some Member States has contributed to a disproportionate burden falling on a few Member States with generally high reception standards which are then under pressure to ~~reduce their standards. More equal reception standards set at an appropriate level~~ensure that their high reception standards are maintained. Equal and high reception standards across all Member States will contribute to a more dignified treatment and fairer distribution of applicants across the EUnion.

Amendment 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 ~~dignified~~ppropriate treatment of applicants in some Member States has contributed to a disproportionate burden falling on a few Member States with generally high reception standards which are then under pressure to reduce their standards. More equal reception standards set at an appropriate level across all Member States will contribute to a more dignified treatment and fairer distribution of applicants across the EU.

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 ~~adequate~~supplementary support to Member States’ efforts in implementing the standards set in this Directive, including to those Member States which are faced with specific and disproportionate pressures on their asylum systems, due in particular to their geographical or demographic situation.

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 for international protection to officials of the determining authority, as well as any officials of other authorities which are designated as competent to receive and register applications or which assist the determining authority to receive such applications in line with Regulation (EU) No XXX/XXX [Procedures Regulation].

Amendment 62 #

Cornelia ERNST

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 should not be entitled to the reception conditions set out in Articles 14 to 17.deleted

Amendment 63 #

Laura FERRARA, Ignazio CORRAO, Fabio Massimo CASTALDO

Proposal for a directive
Recital 8

Amendment 64 #

Proposal for a directive
Recital 8

Amendment 65 #

Proposal for a directive
Recital 8

(8) ~~Where~~In order to discourage secondary movements, an applicant that 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~~ should not be entitled to the reception conditions set out in Articles 14 to 17.

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~~hould~~ not be entitled to the reception conditions set out in Articles 14 to 17.

Amendment 67 #

Proposal for a directive
Recital 10

(10) ~~Standard c~~Conditions for the reception of applicants that will suffice to ensure them a dignified standard of living and comparable living conditions in all Member States should be laid down. The harmonisation of conditions for the reception of applicants should help to limit the secondary movements of applicants influenced by the variety of conditions for their receptionare determined by the Member States. These conditions are not to be harmonised in respect of the principle of subsidiarity. Furthermore, diversity in reception conditions is recognised as a result of different priorities within each Member States budget.

Amendment 68 #

Proposal for a directive
Recital 10

(10) Standard conditions for the reception of applicants ~~that will suffice to ensure them a dignified standard of living~~ and comparable living conditions in all Member States should be laid down. The harmonisation of conditions for the reception of applicants should help to limit the secondary movements of applicants influenced by the variety of conditions for their reception.

Amendment 69 #

Proposal for a directive
Recital 10

(10) Standard conditions for the reception of applicants that will suffice to ensure them a ~~dignified~~n adequate standard of living and comparable living conditions in all Member States should be laid down. The harmonisation of conditions for the reception of applicants should help to limit the secondary movements of applicants influenced by the variety of conditions for their reception.

Amendment 70 #

Laura FERRARA, Ignazio CORRAO, Fabio Massimo CASTALDO

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 ~~lodg~~make their application, of all the ~~obligations with which applicants must comply~~rights, entitlements and obligations relating to reception conditions, including the circumstances under which the granting of material reception conditions may be restricted and of any benefits and legal aid, special needs, redress and right of appeal against detention or decisions relating to the replacement, reduction or withdrawal of reception conditions and information on the relevant asylum procedure.

Amendment 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~~s soon as possible~~t the time when the person concerned expresses the intention to apply for international protection and at the latest when they lodge their application, of all the obligations with which applicants must comply relating to reception conditions, including the circumstances under which the granting of material reception conditions may be restricted and of any benefits.

Amendment 72 #

Laura FERRARA, Ignazio CORRAO, Fabio Massimo CASTALDO

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. It needs to be clarified that Member States should only provide applicants with a travel document when serious humanitarian or other imperative reasons arise. The validity of travel documents should also be limited to the purpose and duration needed for the reason for which they are issued. Serious humanitarian reasons could for instance be considered when an applicant needs to travel to another State for medical treatment or to visit relatives in particular cases, such as for visits to close relatives who are seriously ill, or to attend marriages or funerals of close relatives. Other imperative reasons could include situations where applicants who have been granted access to the labour market are required to perform essential travel for work purposes, where applicants are required to travel as part of study curricula or where minors are travelling with foster familiesThe validity of travel documents should also be limited to the purpose and duration needed for the reason for which they are issued.

Amendment 73 #

Proposal for a directive
Recital 12

(12) Harmonised EUnion rules on the documents to be issued to applicants make it more difficult for applicants to move in an unauthorised manner within the Union. It needs to be clarified that Member States should only provide applicants with a travel document when serious humanitarian or other imperative reasons arise. The validity of travel documents should also be limited to the purpose and duration needed for the reason for which they are issued. Serious humanitarian reasons could for instance be considered when an applicant needs to travel to another State for medical treatment or to visit relatives in particular cases, such as for visits to close relatives who are seriously ill, or to attend marriages or funerals of close relatives. Other imperative reasons could include situations where applicants who have been granted access to the labour market are required to perform essential travel for work purposes, where applicants are required to travel as part of study curricula or where minors are travelling with foster families.

Amendment 74 #

Proposal for a directive
Recital 12

(12) Harmonised EUnion rules on the documents to be issued to applicants in order to make it more difficult for applicants to move in an unauthorised manner within the Union can only be adopted if permanent border controls are reinstated. It needs to be clarified that Member States should only provide applicants with a travel document when serious humanitarian or other imperative reasons arise. The validity of travel documents should also be limited to the purpose and duration needed for the reason for which they are issued. Serious humanitarian reasons could for instance be considered when an applicant needs to travel to another State for medical treatment or to visit relatives in particular cases, such as for visits to close relatives who are seriously ill, or to attend marriages or funerals of close relatives. Other imperative reasons could include situations where applicants who have been granted access to the labour market are required to perform essential travel for work purposes, where applicants are required to travel as part of study curricula or where minors are travelling with foster families.

Amendment 75 #

Proposal for a directive
Recital 12

(12) Harmonised EUnion rules on the documents to be issued to applicants make it more difficult for applicants to move in an unauthorised manner within the Union. It needs to be clarified that Member States should ~~only~~ provide applicants with a travel document when serious humanitarian or other ~~imperative~~ reasons arise. The validity of travel documents should ~~also be limited to~~cover at least the purpose and duration needed for the reason for which they are issued. Serious humanitarian reasons could for instance be considered when an applicant needs to travel to another State for medical treatment or to visit relatives in particular cases, such as for visits to close relatives who are seriously ill, or to attend marriages or funerals of close relatives. Other ~~imperative~~ reasons could include situations where applicants who have been granted access to the labour market are required to perform essential travel for work purposes, where applicants are required to travel as part of study curricula or where minors are travelling with foster families.

Amendment 76 #

Cornelia ERNST

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 in the Member State either of first entry or, in case of legal presence, in the Member State of legal stay or residence. An applicant who has not complied with this obligation is less likely, following a determination of the Member State responsible under Regulation (EU) No XXX/XXX [Dublin Regulation], to be allowed to stay in the Member State where the application was made and consequently more likely to abscond. His or her whereabouts should therefore be closely monitored.deleted

Amendment 77 #

Proposal for a directive
Recital 13

Amendment 78 #

Laura FERRARA, Ignazio CORRAO, Fabio Massimo CASTALDO

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 ion the Member State either of first entry or, in case of legal presence, in the Member State of legal stay or residence. An applicant who has not complied with this obligation is less likely, following a determination of the Member State responsible under Regulation (EU) No XXX/XXX [Dublin Regulation], to be allowed to stay in the Member State where the application was made and consequently more likely to abscond. His or her whereabouts should therefore be closely monitoredbasis of the criteria established in Regulation (EU) No XXX/XXX [Dublin Regulation].

Amendment 80 #

Cornelia ERNST

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]. In case an applicant has absconded from this Member State and, without authorisation, travelled to another Member State, it is vital, for the purpose of ensuring a well- functioning Common European Asylum System that the applicant is swiftly returned to the Member State where he or she is required to be present. Until such a transfer has taken place, there is a risk that the applicant may abscond and his or her whereabouts should therefore be closely monitored.deleted

Amendment 81 #

Proposal for a directive
Recital 14

(14) Applicants are required to ~~be present in~~remain available to the relevant authorities of the Member State where they made an application or in the Member State to which they are transferred in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation]. ~~In case an applicant has absconded from this Member State and, without authoris~~Member States should not impose sanctions on an applicant for the sole reason of irregularly entering or being present on their territory, including for not complying with the obligation, t~~ravelled to another Member State, it is vital, for the purpose of ensur~~o make an application in the first Member State of entry as set out in [Article 4(1) of the Dublin IV Regulation] or to be present in another Member State ing a ~~well- functioning Common European Asylum System that the applicant is swiftly returned to the Member State~~ccordance with [the Dublin IV Regulation], where there are serious reasons to believe that the applicant arrives from a territory where heis or she ~~is required to be present. Until such a transfer has taken place, there is a risk that the applicant may abscond and his or her whereabouts should therefore be closely monitored~~r life or freedom was threatened in line with [Article 9 of the Qualification Regulation] or [Article 16 of the Qualification Regulation] or where the applicant shows good cause for his or her irregular entry or presence.

Amendment 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]. In case an applicant has absconded from this Member State and, without authorisation, travelled to another Member State, it is vital, for the purpose of ensuring a well- functioning Common European Asylum System, that the applicant is swiftly returned to the Member State where he or she is required to be present. Until such a transfer has taken place, there is a risk that the applicant may abscond and his or her whereabouts should therefore be closely monitored.

Amendment 83 #

Laura FERRARA, Ignazio CORRAO, Fabio Massimo CASTALDO

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]. ~~In case a~~An applicant who has absconded from thisat Member State and, without authorisation, travelled to another Member State, it is vital, for the purpose of ensuring a well- functioning Common European Asylum System that the applicant is swiftly returned to the Member State where he or she is required to be present. Until such a transfer has taken place, there is a risk that the applicant may abscond and his or her whereabouts should therefore be closely monitored has no further entitlement to reside in the European Union.

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]. ~~In cas~~Where an applicant has ~~absconded from this~~travelled to another Member State ~~and,~~ without authorisation, ~~travelled to another Member State,~~ it is vital, for the purpose of ensuring a well- functioning Common European Asylum System that the applicant is swiftly returned to the Member State where he or she is required to be present. Until such a transfer has taken place, there is a risk that the applicant may abscond and his or her whereabouts should therefore be closely monitored.

Amendment 85 #

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, once the applicant has been sent back to the Member State where he or she is required to be present, his or her whereabouts should therefore be closely monitored.deleted

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, ~~once the applicant has been sent back to the Member State where he or she is required to be present,~~ his or her whereabouts should ~~therefore~~ be closely monitored.

Amendment 87 #

Proposal for a directive
Recital 16

(16) For duly justified and serious reasons of public interest or public order, for the swift processing and effective monitoring of his or her application for international protection, for the swift processing and effective monitoring of his or her procedure for determining the Member State responsible in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation] or in order to effectively prevent the applicant from absconding, Member States ~~should~~may, where necessary, assign the applicant residence in a specific place, such as an open accommodation centre, a private house, flat, hotel or other premises adapted for housing applicants. Such a decision may be necessary to effectively prevent the applicant from absconding in particular in cases where the applicant has not complied with the obligations to: make an application in the Member State of first irregular or legal entry; to remain in the Member State where he or she is required to be present; or in cases where the applicant has been sent back to the Member State where he or she is required to be present after having absconded to another Member State. In case the applicant is entitled to material reception conditions, such material reception conditions should also be provided ~~subject~~ to the applicant residing in this specific place.

Amendment 88 #

Laura FERRARA, Ignazio CORRAO, Fabio Massimo CASTALDO

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 a specific place, such as an accommodation centre, a private house, flat, hotel or other premises adapted for housing applicants. Such a decision may be necessary to effectively prevent the applicant from absconding in particular in cases where the applicant has not complied with the obligations to: make an application in the Member State of first irregular or legal entry; to remain in the Member State where he or she is required to be present; or in cases where the applicant has been sent back to the Member State where he or she is required to be present after having absconded to another Member State. In case the applicant is entitled to material reception conditions, such material reception conditions should also be provided subject to the applicant residing in this specific place.

Amendment 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] ~~or in order to effectively prevent the applicant from absconding~~, Member States should, where necessary, assign the applicant residence in a specific place, such as an accommodation centre, a private house, flat, hotel or other premises adapted for housing applicants. Such a decision may be necessary to effectively prevent the applicant from absconding in particular in cases where the applicant has not complied with the obligations to: make an application in the Member State of first irregular or legal entry; to remain in the Member State where he or she is required to be present; or in cases where the applicant has been sent back to the Member State where he or she is required to be present after having absconded to another Member State. In case the applicant is entitled to material reception conditions, such material reception conditions should also be provided subject to the applicant residing in this specific place.

Amendment 90 #

Proposal for a directive
Recital 17

(17) Where there are specific and objective reasons for considering that there is a serious and imminent risk that an applicant may abscond, Member States ~~should require applicants to report to the competent authorit~~may, where necessary, proportionate and duly justifiesd as frequently as necessary in order to monitor that the applicant does not abscond. To deter applicants from further absconding, Member States should also be able to grant material reception conditions, where the applicant is entitled to such material reception conditions, only in kind. fter an individualised assessment carried out by a judicial authority, and after consulting the applicant concerned, require applicants to report to the competent authorities at a reasonable frequency and time. Member States should also be able to grant material reception conditions, where the applicant is entitled to such material reception conditions, only in kind, where, following an individual assessment and a decision by a judicial authority, there are duly justified reasons for considering that there is a risk that an applicant may abscond. Applicants should have a right of appeal against decisions imposing reporting duties or providing material reception conditions only in kind and should be duly informed of this right.

Amendment 91 #

Proposal for a directive
Recital 18

(18) All decisions restricting an applicant's freedom of movement need to be ~~based on the individual behaviour and~~adopted only as a measure of last resort and need to be based on the decision of a judicial authority, following an individual assessment of the particular situation of the person concerned, taking into account any special reception needs of applicants and the principles of necessity and proportionality. Applicants must be duly informed of such decisions ~~and~~, of the consequences of non- compliance and of their right to appeal against these decisions.

Amendment 92 #

Proposal for a directive
Recital 19

(19) In view of the serious consequences for applicants who have absconded or who are considered to be at risk of absconding, the meaning of absconding should be strictly defined, in ~~view of~~line with guidelines set up by the European Union Agency for Fundamental Rights, and based on an assessment of the individual circumstances of the person involved carried out by a judicial authority, as encompassing both a deliberate action to avoid the applicable asylum procedures and the factual circumstance of not remaining available to the relevant authorities~~, including by leaving the territory where the applicant is required to be present~~. Irregular entry, lack of an address or documents proving the identity of an applicant should never constitute valid criteria to determine the risk of absconding.

Amendment 93 #

Laura FERRARA, Ignazio CORRAO, Fabio Massimo CASTALDO

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 ~~or administrative~~ authorities stating the individual reasons on which it is based, including in the cases where the person is already detained when making the application for international protection. A justification of the reasons why alternatives to detention were not applied in the individual case has to be provided in writing by the judicial authority. Where an applicant is held in detention he or she should have effective access to the necessary procedural guarantees, such as judicial remedy before a national judicial authority.

Amendment 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 ~~or administrative~~ authorities stating the reasons on which it is based, including in the cases where the person is already detained when making the application for international protection. Where an applicant is held in detention he or she should have effective access to the necessary procedural guarantees, such as judicial remedy before a national judicial authority and the right to free legal assistance.

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 ~~or administrative~~ authorities stating the reasons on which it is based, including in the cases where the person is already detained when making the application for international protection. Where an applicant is held in detention he or she should have effective access to the necessary procedural guarantees, such as judicial remedy before a national judicial authority.

Amendment 96 #

Proposal for a directive
Recital 21

(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 assigned a specific place of residence but has not complied with this obligation, ~~there needs to be a demonstrated risk~~it should be considered as being an indication that ~~the~~an applicant may abscond ~~in order~~, providing the grounds 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 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. ~~Detention shall not exceed the time reasonably needed to complete the relevant procedures.~~

Amendment 99 #

Proposal for a directive
Recital 24

(24) Applicants who are in detention should be treated with full respect for human dignity ~~and their reception should be specifically designed to meet their needs in that situation~~. In particular, Member States should ensure that Article 24 of the Charter of Fundamental Rights of the European Union and Article 37 of the 1989 United Nations Convention on the Rights of the Child is applied.

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

(d) to effectively prevent the applicant from absconding, in particular: - 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 adequate justification and made an application there; or - be present in another Member State in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation]; or - back to the Member State where they are required to be present in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation] after having absconded to another Member State. In those cases, the provision of material reception conditions shall be subject to the actual residence by the applicant in that specific place.deleted for applicants who have not where applicants are required to for applicants who have been sent

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 ~~adequate justificati~~good reason and made an application there; or

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~~pplicant~~sylum seeker.

Amendment 104 #

Mara BIZZOTTO

Proposal for a directive
Article 8 – paragraph 3 – introductory part

3. An applicant may be detained ~~only~~:

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 ~~which could not be obtained in the absence of detention, in particular when there is a risk of absconding of the applicant~~;

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 ~~and/or carry out the removal process~~, and the Member State concerned can substantiate on the basis of objective criteria, including that he or she already had the opportunity to access the asylum procedure, that there are reasonable grounds to believe that he or she is making the application for international protection merely in order to delay or frustrate the enforcement of the return decision; __________________ 34 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98).

Amendment 107 #

Proposal for a directive
Article 8 – paragraph 4

4. The Member States shall ensure that the rules concerning alternatives to detention, such as regular reporting to the authorities, the deposit of a financial guarantee, or an obligation to stay at an assigned place, are laid down in national law’ enforcement of the rules referred to in Articles 8, 9, and 10 of this Directive shall not conflict with the principles set out in the Charter of Fundamental Rights of the European Union.

Amendment 108 #

Proposal for a directive
Article 9 – paragraph 1 – subparagraph 2

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

Amendment 111 #

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. 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, whether accompanied or unaccompanied, shall not be detained.

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

~~The best interests of the child , as referred to in Article 22(2), shall be a primary consideration for Member States~~Consistently with the principle of family unity, parents or legal or customary primary caregivers shall not be detained.

Amendment 114 #

Proposal for a directive
Article 11 – paragraph 2 – subparagraph 3

Where minors are detained, their right to education must be secured and they shall have the possibility to engage in leisure activities, including play and recreational activities appropriate to their ageMinors and families with minor children shall be accommodated together, in non- custodial, community-based placements while their immigration status is being resolved.

Amendment 115 #

Proposal for a directive
Article 11 – paragraph 3

3. Unaccompanied minors shall be detained only in exceptional circumstances. All efforts shall be made to release the detained unaccompanied minor as soon as possible. Unaccompanied minors shall never be detained in prison accommodation. 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. Where unaccompanied minors are detained, Member States shall ensure that they are accommodated separately from adults.deleted

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 efforts shall be made to release the detained unaccompanied minor as soon as possible. Unaccompanied minors under the age of 15 shall never be detained.

Amendment 117 #

Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2

UMinors, including unaccompanied minors, shall never be detained in prison accommodation.

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

~~As far as possible, u~~Unaccompanied minors shall be registered and provided with accommodation in institutions provided with personnel who take into account the rights and physical and mental health needs of persons of their age and facilities adapted to unaccompanied minors as well as referring them to the relevant child protection services.

Amendment 120 #

Proposal for a directive
Article 11 – paragraph 4

~~4. Detained families shall be provided with separate accommodation guaranteeing adequate privacy.~~deleted

Amendment 121 #

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 third subparagraph of paragraph 2, paragraph 4 and the first subparagraph of paragraph 5, when the applicant is detained at a border post or in a transit zone, with the exception of the cases referred to in Article 41 of Regulation (EU) No XXX/XXX [Procedures Regulation].deleted

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 ~~similar~~the same conditions as their own nationals for ~~so long as an expulsion measure against them~~the entire duration orf their pare~~nts is not actually enforced~~sence in the territory of the Member States. Such education may be provided in accommodation centres only as a matter of last resort and for the shortest period of time until access to the national education system is ensured.

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 #

Dominique MARTIN, Joëlle MÉLIN

Proposal for a directive
Article 14 – paragraph 2 – subparagraph 1

Access to the education system shall not be postponed for more than ~~thre~~one months from the date on which the application for international protection was lodged by or on behalf of the minor.

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 applicants have access to the labour market no later than 6 months from the date when the application for international protection was lodged if an administrative decision by the competent authority has not been taken and the delay cannot be attributed to the applicantll their nationals are fully integrated on the labour market and enjoy social inclusion and access to housing, health care, and social protection; they shall endeavour to manage the refugee emergency according to their financial and social reception capacities.

Amendment 127 #

Renate WEBER, Jasenko SELIMOVIC

Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1

Amendment 128 #

Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1

Amendment 129 #

Agnes JONGERIUS

Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1

Amendment 130 #

Proposal for a directive
Article 15 – paragraph 1 – subparagraph 2

Amendment 131 #

Renate WEBER

Proposal for a directive
Article 15 – paragraph 1 – subparagraph 2

Amendment 132 #

Agnes JONGERIUS, Brando BENIFEI

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

~~Member States shall ensure that applicants, who have been granted access to the labour market in accordance with paragraph 1, have effective access to the labour market.~~deleted

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 adequalte treatment ~~with nationals~~ as regards:

Amendment 142 #

Proposal for a directive
Article 15 – paragraph 3 – point b

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) ~~education and vocational training, except study and maintenance grants and loans or other grants and loans related to~~ education and vocational training;

Amendment 145 #

Proposal for a directive
Article 15 – paragraph 3 – point c

(c) e~~ducation and vocational training, except study and maintenance grants and loans or other grants and loans related to education and vocational training~~mployment-related education opportunities for adults, education and vocational training, including training courses for upgrading skills, practical workplace experience, and study and maintenance grants or loans related to these activities;

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 accreditation of their prior learning. __________________ 1aProposal for a Regulation of the European Parliament and of the Council on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection and for the content of the protection granted and amending Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents

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

~~(e) branches of social security, as defined in Regulation (EC) No 883/2004.~~deleted

Amendment 149 #

Proposal for a directive
Article 15 – paragraph 3 –subparagraph 2 – introductory part

Member States may restrict equal treatment of applicants: in certain specific situations. However, restrictions should be consistent with the provisions of international law and other Union policy on better migration management as set out by the Commission in the European Agenda on Migration.

Amendment 150 #

Proposal for a directive
Article 15 – paragraph 3 – subparagraph 2 – introductory part

Member States may impose restrict ~~equal treatment of applicant~~ions:

Amendment 151 #

Renate WEBER

Proposal for a directive
Article 15 – paragraph 3 – subparagraph 2 – point i

~~(i) pursuant to point (b) of this paragraph, by excluding them from taking part in the management of bodies governed by public law and from holding an office governed by public law;~~deleted

Amendment 152 #

Proposal for a directive
Article 15 – paragraph 3 – subparagraph 2 – point i

(i) pursuant to point (b) of this paragraph, by excluding ~~them~~applicants from taking part in the management of bodies governed by public law and from holding an office governed by public law;

Amendment 153 #

Proposal for a directive
Article 15 – paragraph 3 – subparagraph 2 – point ii

~~(ii) pursuant to point (c) of this paragraph, to education and vocational training which is directly linked to a specific employment activity;~~deleted

Amendment 154 #

Proposal for a directive
Article 15 – paragraph 3 – subparagraph 2 – point ii

~~(ii) pursuant to point (c) of this paragraph, to education and vocational training which is directly linked to a specific employment activity;~~deleted

Amendment 155 #

Renate WEBER

Proposal for a directive
Article 15 – paragraph 3 – subparagraph 2 – point iii

~~(iii) pursuant to point (e) of this paragraph by excluding family benefits and unemployment benefits, without prejudice to Regulation (EU) No 1231/2010.~~deleted

Amendment 156 #

Proposal for a directive
Article 15 – paragraph 3 – subparagraph 2 – point iii

~~(iii) pursuant to point (e) of this paragraph by excluding family benefits and unemployment benefits, without prejudice to Regulation (EU) No 1231/2010.~~deleted

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 adequalte treatment shall not give rise to a right to reside in cases where a decision taken in accordance with Regulation (EU) No XXX/XXX [Procedures Regulation] has terminated the applicant's right to remain.

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 #

Agnes JONGERIUS, Brando BENIFEI

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

Amendment 164 #

Proposal for a directive
Article 17 – paragraph 1 – point c

~~(c) private houses, flats, hotels or other premises adapted for housing applicants.~~deleted

Amendment 165 #

Proposal for a directive
Article 17 – paragraph 1 – point c

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 ~~, irrespective of where they are required to be present in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation],~~ receive the necessary health care which shall include, at least, emergency care and essential treatment of illnesses ~~, including of serious mental disorders~~.

Amendment 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 ~~least~~a minimum, emergency care and essential treatment of illnesses, including of serious mental disorders.

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 ~~may , in the situations described in paragraph 2 :~~,

Amendment 176 #

Proposal for a directive
Article 19 – paragraph 1 – point a

(a) ~~replac~~provide the accommodation, food, clothing and other essential non-food items ~~provided~~necessary, in the form of benefits in kind, financial allowances ~~and~~or vouchers~~, with material reception conditions provided in kind; or~~;

Amendment 177 #

Proposal for a directive
Article 19 – paragraph 1 – point b

(b) ~~reduce or, in exceptional and duly justified cases,~~may, in the situations described in paragraph 2, reduce or withdraw the daily allowances.

Amendment 178 #

Proposal for a directive
Article 19 – paragraph 2 – point e

(e) has ~~seriously~~ breached the rules of the accommodation centre or behaved in a ~~seriously~~ violent way; or

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

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’'s well-being and social development, taking into particular consideration the minor~~’s background~~'s ethnic, religious, cultural and linguistic background and having regard to the need for stability and continuity in care and custodial arrangements and access to health and education services;

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 ~~working~~ days from the moment when an unaccompanied minor ~~makes an application for international protection~~arrives in a Member State, take measures to ensure that a guardian represents and assists the unaccompanied minor to enable him or her to benefit from the rights and comply with the obligations provided for in this Directive. The guardian appointed in accordance with Article [22] of Regulation (EU) No XXX/XXX [Procedures Regulation] may perform those tasks. The unaccompanied minor shall be informed immediately of the appointment of the guardian. Where an organisation is appointed as guardian, it shall designate a person responsible for carrying out the duties of guardian in respect of the unaccompanied minor, in accordance with this Directive. The guardian shall perform his or her duties in accordance with the principle of the best interests of the child, as prescribed in Article 22 (2), shall have the necessary ~~expertise~~qualifications and expertise and receive continuous and appropriate training to that end, and shall not have a verified ~~record~~criminal record, with particular regard to any of child- related crimes or offences . After his or her appointment, the guardian's criminal record shall be regularly reviewed by the competent authorities to identify potential incompatibilities with his or her role. In order to ensure the minor’'s well-being and social development referred to in Article 22 (2)(b), the person acting as guardian shall be changed only when necessary. Organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be appointed as guardians.

Amendment 185 #

Proposal for a directive
Article 23 – paragraph 1 – subparagraph 1

Member States shall as soon as ~~possible and no later than five working days from the moment when~~ an unaccompanied minor makes an application for international protection take measures to ensure that a guardian represents and assists the unaccompanied minor to enable him or her to benefit from the rights and comply with the obligations provided for in this Directive. The guardian appointed in accordance with Article [22] of Regulation (EU) No XXX/XXX [Procedures Regulation] may perform those tasks. The unaccompanied minor shall be informed immediately of the appointment of the guardian. Where an organisation is appointed as guardian, it shall designate a person responsible for carrying out the duties of guardian in respect of the unaccompanied minor, in accordance with this Directive. The guardian shall perform his or her duties in accordance with the principle of the best interests of the child, as prescribed in Article 22 (2), shall have the necessary expertise to that end and shall not have a verified record of child- related crimes or offences . In order to ensure the minor’s well-being and social development referred to in Article 22 (2)(b), the person acting as guardian shall be changed only when necessary. Organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be appointed as guardians.

Amendment 186 #

Proposal for a directive
Article 23 – paragraph 1 – subparagraph 1 a (new)

In order to protect unaccompanied minors from exploitation and trafficking, Member States shall identify unaccompanied children upon disembarkation, register them, carry out a preliminary risk assessment and ensure referral to relevant child protection services.

Amendment 187 #

Proposal for a directive
Article 23 – paragraph 1 – subparagraph 2

Member States shall ensure that a guardian is not placed in charge of a ~~disproportiona~~n adequate and limited number of unaccompanied minors at the same time t~~hat would render him~~o ensure he or she~~r un~~ is able to perform his or her tasks effectively. Member States shall appoint entities or persons responsible for monitoring at regular intervals that guardians perform their tasks in a satisfactory manner. Those entities or persons shall also have the competence to review complaints lodged by unaccompanied minors against their guardian. 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 report complaints against their guardians in confidence and safety.

Amendment 188 #

Proposal for a directive
Article 23 – paragraph 2 – introductory part

2. Unaccompanied minors who make an application for international protection shall, from the moment they are admitted to the territory until the moment when they are obliged to leave the Member State in which the application for international protection was made or is being examined, be monitored by the Member State in which they are present and placed:

Amendment 189 #

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).~~deleted

Amendment 190 #

Proposal for a directive
Article 29 – paragraph 2 a (new)

2a. Expenditure incurred by Member States to achieve the aims of this Directive shall not be factored into calculations for the purposes of Stability Pact parameters.

Amendment 191 #

Proposal for a directive
Article 29 – paragraph 2 a (new)

2a. Member States shall provide appropriate training and support for staff with respect to the fact that they are on the frontline dealing with potential physical and mental health needs of applicants entering the labour market.

Amendment 47 #

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~~It is necessary to take note that there has been no progress in the development of the CEAS~~, there are still~~ and that the continuing notable differences between the Member States with regard to the types of procedures used, the reception conditions provided to applicants, the recognition rates and the type of protection granted to beneficiaries of international protection. These divergences are important drivers of secondary movement and undermine the objective of ensuring that all applicants are equally treated wherever they apply in the Unionare a proof of failure.

Amendment 48 #

Proposal for a directive
Recital 3

Amendment 49 #

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 treatment of applicants in some Member States has contributed to a disproportionate burden falling on a few Member States with generally high reception standards which are then under pressure to reduce their standards. More equal reception standards set at an appropriate level across all Member States will contribute to a more dignified treatment and fairer distribution of applicants across the EU, and Member States constituting the EU’s external border are having to shoulder inordinate economic and social burdens caused by migration pressure.

Amendment 50 #

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 treatment of applicants in some Member States has contributed to a disproportionate burden falling on a few Member States with generally high reception standards which are then under pressure to reduce their standards. More ~~equal~~harmonised reception standards set at an appropriate level across all Member States will contribute to a more dignified treatment and fairer distribution of applicants across the EU.

Amendment 51 #

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 mobilised to provide adequate support to Member States’ efforts in implementing the standards set in this Directive , including to those Member States which are faced with specific and disproportionate pressures on their asylum systems, due in particular to their geographical, economic or demographic situation.

Amendment 52 #

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~~to 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. 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 for international protection to officials of the determining authority, as well as any officials of other authorities which are designated as competent to receive and register applications or which assist the determining authority to receive such applications in line with Regulation (EU) No XXX/XXX [Procedures Regulation].

Amendment 53 #

Proposal for a directive
Recital 8

Amendment 54 #

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 lodge their application, of all the obligations with which applicants must comply relating to reception conditions, including the circumstances under which the granting of material reception conditions may be restricted and of any benefits. Member States should provide this information through appropriate interpretation and translation wherever necessary so that applicants fully understand and are aware of their rights and the legal conditions that they must abide by.

Amendment 55 #

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. ~~It needs to be clarified that~~Nevertheless, Member States should ~~only~~ provide applicants with a travel document when serious humanitarian or other imperative reasons arise. The validity of travel documents should also be limited to the purpose and duration needed for the reason for which they are issued. Serious humanitarian reasons could for instance be considered when an applicant needs to travel to another State for medical treatment or to visit relatives in particular cases, such as for visits to close relatives who are seriously ill, or to attend marriages or funerals of close relatives. Other imperative reasons could include situations where applicants who have been granted access to the labour market are required to perform essential travel for work purposes, where applicants are required to travel as part of study curricula or where minors are travelling with foster families.

Amendment 56 #

Proposal for a directive
Recital 13

(13) An applicant~~s do not have the right to choose the Member State of app~~ who has not complied with the oblicgation~~. An~~ of appl~~icant must apply~~ying for international protection in the Member State either of first entry or, in case of legal presence, in the Member State of legal stay or residence. An applicant who has not complied with this obligation is less likely, following a determination of the Member State responsible under Regulation (EU) No XXX/XXX [Dublin Regulation], to be allowed to stay in the Member State where the application was made and consequently more likely to abscond. His or her whereabouts should therefore be closely monitorState of first entry may seek permission to stay from the State where the application was lodged.

Amendment 57 #

Proposal for a directive
Recital 14

Amendment 58 #

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]. In case an applicant has absconded from this Member State and, without ~~authorisati~~good reason, travelled to another Member State, it is vital, for the purpose of ensuring a well-functioning Common European Asylum System that the applicant is swiftly returned to the Member State where he or she is required to be present. Until such a transfer has taken place, there is a risk that the applicant may abscond and his or her whereabouts should therefore be closely monitored.

Amendment 59 #

Proposal for a directive
Recital 15

Amendment 60 #

Proposal for a directive
Recital 15

Amendment 61 #

Proposal for a directive
Recital 16

(16) For duly justified and serious reasons of public interest or public order, for the swift processing and effective monitoring of his or her application for international protection, for the swift processing and effective monitoring of his or her procedure for determining the Member State responsible in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation] or in order to effectively prevent the applicant from absconding, Member States should~~, where necessary,~~ be able to assign the applicant residence in a specific place, where necessary, such as an open accommodation centre, a private house, flat, hotel or other premises adapted for housing applicants. Such a decision may be necessary to effectively prevent the applicant from absconding in particular in cases where the applicant has not complied with the obligations to: make an application in the Member State of first irregular or legal entry; to remain in the Member State where he or she is required to be present; or in cases where the applicant has been sent back to the Member State where he or she is required to be present after having absconded to another Member State. In case the applicant is entitled to material reception conditions, such material reception conditions should also be provided ~~subject~~ to the applicant residing in this specific place.

Amendment 62 #

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 ~~a specific place, such as an accommodation centre, a private house, flat, hotel or other~~ premises adapted for housing applicants. Such a decision may be necessary to effectively prevent the applicant from absconding in particular in cases where the applicant has not complied with the obligations to: make an application in the Member State of first irregular or legal entry; to remain in the Member State where he or she is required to be present; or in cases where the applicant has been sent back to the Member State where he or she is required to be present after having absconded to another Member State. In case the applicant is entitled to material reception conditions, such material reception conditions should also be provided subject to the applicant residing in this specific place.

Amendment 63 #

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 a specific place, such as an accommodation centre~~, a~~ or private ~~house, flat, hotel or other~~ premises adapted for housing applicants. Such a decision may be necessary to effectively prevent the applicant from absconding in particular in cases where the applicant has not complied with the obligations to: make an application in the Member State of first irregular or legal entry; to remain in the Member State where he or she is required to be present; or in cases where the applicant has been sent back to the Member State where he or she is required to be present after having absconded to another Member State. In case the applicant is entitled to material reception conditions, such material reception conditions should also be provided subject to the applicant residing in this specific place.

Amendment 64 #

Proposal for a directive
Recital 19

(19) In view of the serious consequences for applicants who have absconded or who are considered to be at risk of absconding, the meaning of absconding should be defined in view of encompassing both a deliberate action to avoid the applicable asylum procedures and the factual circumstance of not remaining available to the relevant authorities~~, including by leaving the territory where the applicant is required to be present~~.

Amendment 65 #

Proposal for a directive
Recital 27

(27) In order to ensure compliance with the procedural guarantees consisting inof the opportunity to contact organisations or groups of persons that provide legal assistance, information should be provided onabout such organisations and groups of persons in an understandable language and format by providing translation and interpretation where required.

Amendment 66 #

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, education and basic cultural needs and provided in a manner that encourages their general development.

Amendment 67 #

Proposal for a directive
Recital 30 a (new)

(30a) For unaccompanied minors, there is a need to ensure that they are adequately protected whilst in the Union, including identifying unaccompanied children upon disembarkation, registering them, carrying out a preliminary risk assessment and ensuring referral to relevant child protection services.

Amendment 68 #

Proposal for a directive
Recital 31

(31) Member States should ensure that applicants receive the necessary health care which should include, at least, maternity medical aid, emergency care and essential treatment of illnesses, including of serious mental disorders. 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. 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 69 #

Proposal for a directive
Recital 31

(31) Member States should ensure that applicants receive the necessary health care which should include, at least, emergency care and essential treatment of illnesses, including of ~~serious~~ mental disorders. 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. 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 70 #

Proposal for a directive
Recital 32

(32) An applicant's entitlement to material reception conditions under this Directive may be curtailed in certain circumstances such as where an applicant has absconded to another Member State from the Member State where he or she is required to be present. However, Member States should in all circumstances ensure access to health care and a dignified standard of living for applicants in line with the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of the Child, in particular by providing for the applicant's subsistence and basic needs both in terms of physical safety and dignity and in terms of interpersonal relationships, with due regard to the inherent vulnerabilities of the person as applicant for international protection and that of his or her family or caretakeremergency health care and basic needs. Due regard must also be given to applicants with special reception needs. The specific needs of children, in particular with regard to respect for the child's right to education and access to healthcare have to be taken into account. When a minor is in a Member State other than the one in which he or she is required to be present, Member States should provide the minor with access to suitable educational activities pending the transfer to the Member State responsible. The specific needs of women applicants who have experienced gender-based harm should be taken into account~~, including via ensuring access, at different stages of the asylum procedure, to medical care, legal support, and to appropriate trauma counselling and psycho-social care~~.

Amendment 71 #

Proposal for a directive
Recital 32

(32) An applicant's entitlement to material reception conditions under this Directive may be curtailed in certain circumstances such as where an applicant has absconded to another Member State from the Member State where he or she is required to be present. However, Member States should in all circumstances ensure access to health care and a dignified standard of living for applicants in line with the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of the Child, in particular by providing for the applicant's subsistence and basic needs both in terms of physical safety and dignity and in terms of interpersonal relationships, with due regard to the inherent vulnerabilities of the person as applicant for international protection and that of his or her family or caretaker. Due regard must also be given to applicants with special reception needs. The specific needs of children, in particular with regard to respect for the child's right to education and access to healthcare have to be taken into account. When a minor is in a Member State other than the one in which he or she is required to be present, Member States should provide the minor with access to suitable educational activities pending the transfer to the Member State responsible. The specific needs of women applicants who have experienced gender- based harm should be taken into account, including via ensuring access, at different stages of the asylum procedure, to medical care, legal support, and to appropriate trauma counselling and psycho-social care. Consideration should be given to the fact that any applicant for asylum may have experienced physical violence, including sexual violence, and /or mental trauma and will therefore need appropriate care.

Amendment 72 #

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’ temporary access to the labour market and to ensure that such access is effective, by not imposing conditions that effectively hinder an applicant from seeking employment. Labour market tests used to give priority to nationals or to other Union citizens or to third country nationals legally resident in the Member State concerned should not hinder effective access for applicants to the labour market and should be implemented without prejudice to the principle of preference for Union citizens as expressed in the relevant provisions of the applicable Acts of Accession.

Amendment 73 #

Proposal for a directive
Recital 34

Amendment 74 #

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. Member States should also take effective steps to ensure that the entry of applicants for international protection does not lead to wage dumping. Labour market tests used to give priority to nationals or to other Union citizens or to third country nationals legally resident in the Member State concerned should not hinder effective access for applicants to the labour market and should be implemented without prejudice to the principle of preference for Union citizens as expressed in the relevant provisions of the applicable Acts of Accession.

Amendment 75 #

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. Labour market tests used to give priority to nationals or to other Union citizens or to third-country nationals legally resident in the Member State concerned should not hinder effective access for applicants to the labour market and should be implemented without prejudice to the principle of preference for Union citizens as expressed in the relevant provisions of the applicable Acts of Accession , sector restrictions, working time restrictions and unduly strict administrative formalities should not hinder effective access for applicants to the labour market. In order to increase integration prospects and self- sufficiency of applicants, early access to the labour market before 6 months from the date when the application for international protection was lodged and to language courses should be encouraged.

Amendment 76 #

Proposal for a directive
Recital 34

Amendment 77 #

Proposal for a directive
Recital 35

Amendment 78 #

Proposal for a directive
Recital 35

Amendment 79 #

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 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 ensursocio-economic conditions in each Member State, without causing tha~~t 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~~rm to its nationals. Member States should, however, not grant access to the labour market to applicants whose application for international protection is likely to be unfounded and for which an accelerated examination procedure is applied.

Amendment 80 #

Proposal for a directive
Recital 36

(36) Once applicants are granted temporary access to the labour market, they should be entitled to a common set of rights based on equal treatment with 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. Applicants should also enjoy equal treatment as regards freedom of association and affiliation, education and vocational training, the recognition of professional qualifications and social security.

Amendment 81 #

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~~. 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~~. Applicants should also enjoy ~~equal treatment~~rights as regards freedom of association and affiliation, education and vocational training, the recognition of professional qualifications ~~and social security~~.

Amendment 82 #

Proposal for a directive
Recital 37

Amendment 83 #

Proposal for a directive
Recital 37

Amendment 84 #

Proposal for a directive
Recital 38

Amendment 85 #

Proposal for a directive
Recital 39

Amendment 86 #

Proposal for a directive
Recital 39

(39) Due to the possibly temporary nature of the stay of applicants and without prejudice to Regulation (EU) No 1231/2010 of the European Parliament and of the Council, Member States should be able to exclude family benefits and unemployment benefits from equal treatment between applicants and their own nationals and should be able to limit the application of equal treatment in relation to education and vocational training. Tthe right to freedom of association and affiliation may also be limited by excluding applicants from taking part in the management of certain bodies and from holding a public office.

Amendment 87 #

Proposal for a directive
Recital 39

(39) Due to the possibly temporary nature of the stay of applicants and without prejudice to Regulation (EU) No 1231/2010 of the European Parliament and of the Council, Member States should be able to exclude applicants from family benefits and unemployment benefits ~~from equal treatment between applicants and their own nationals~~ and should be able to limit the application of equal treatment in relation to education and vocational training. The right to freedom of association and affiliation may also be limited by excluding applicants from taking part in the management of certain bodies and from holding a public office.

Amendment 88 #

Proposal for a directive
Recital 40

(40) Union law does not limit the power of the Member States to organise their social security schemes. I~~n the absence of harmonisation at Union level, i~~t is for each Member State to lay down the conditions under which social security benefits are granted, as well as the amount of such benefits and the period for which they are granted. ~~However, when exercising that power, Member States should comply with Union law.~~

Amendment 89 #

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. Member States may grant less favourable treatment to applicants than to nationals as specified in this Directive.

Amendment 90 #

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 benefits in kind, 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 91 #

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 provide for themselves. When assessing the resources of an applicant and requiring an applicant to cover or contribute to the material reception conditions, Member States should observe the principle of proportionality and take into account the individual circumstances of the applicant and the need to respect his or her dignity or personal integrity, including the applicant's special reception needs. ~~Applicants should not be required to cover or contribute to the costs of their necessary health care.~~ The possibility of abuse of the reception system should also be restricted by specifying the circumstances in which accommodation, food, clothing and other essential non-food items provided in the form of financial allowances or vouchers may be replaced with reception conditions provided in kind and the circumstances in which the daily allowancedaily allowance, in the form of benefits in kind, financial allowances or vouchers, may be reduced or withdrawn while at the same time ensuring a dignified standard of living for all applicants.

Amendment 92 #

Proposal for a directive
Recital 43

(43) Member States should put in place appropriate guidance, monitoring and control of their reception conditions. In order to ensure ~~comparable~~dignified living conditions, Member States should be required to take into account, in their monitoring and control systems, operational standards on reception conditions and specific indicators developed by [the European Asylum Support Office / the European Union Agency for Asylum]. The efficiency of national reception systems and cooperation among Member States in the field of reception of applicants should be secured, including through the Union network on reception authorities, which has been established by [the European Asylum Support Office / the European Union Agency for Asylum].

Amendment 93 #

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, provided in kind, or as financial allowances or in vouchers, or a combination of the three, and a daily expenses allowancehealth-related non-food items;

Amendment 94 #

Proposal for a directive
Article 2 – paragraph 1 – point 10

(10) ‘absconding’: means the action by which an applicant, in order to avoid asylum procedures, either leaves the territory where he or she is obliged to be present in accordance with Regulation (EU) No XXX/XXX32 [Dublin Regulation] or does not remain available to the competent authorities or to the court or tribunal; __________________ 32 OJ C […], […], p. […]. fails to comply with asylum procedures;

Amendment 95 #

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, persons with serious illnesses, persons with mental disorders and with mental health issues 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 96 #

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 97 #

Proposal for a directive
Article 6 – paragraph 1

Member States shall provide applicants with a travel document ~~only~~ when serious humanitarian or other imperative reasons arise that require their presence in another State. The validity of the travel document shall be limited to the purpose and duration needed for the reason for which it is issued.

Amendment 98 #

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – introductory part

Amendment 99 #