2016/0223(COD) Qualification Directive
Lead committee dossier:
Progress: Awaiting Parliament's position in 1st reading
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | LIBE |
NEMEC Matjaž ( S&D)
|
DÜPONT Lena ( EPP),
OETJEN Jan-Christoph ( Renew),
KUHNKE Alice ( Verts/ALE),
TARDINO Annalisa ( ID),
KANKO Assita ( ECR),
URBÁN CRESPO Miguel ( GUE/NGL)
|
| Former Responsible Committee | LIBE | ||
| Committee Opinion | EMPL | ||
| Committee Opinion | JURI | ||
| Committee Opinion | AFET | ||
| Former Committee Opinion | EMPL | ||
| Former Committee Opinion | JURI | ||
| Former Committee Opinion | AFET |
Lead committee dossier:
Legal Basis:
TFEU 078-p2, TFEU 079-p2
Legal Basis:
TFEU 078-p2, TFEU 079-p2Events
2022/10/10
EP - NEMEC Matjaž (S&D) appointed as rapporteur in LIBE
2020/01/29
FR_ASSEMBLY - Contribution
Documents
2019/10/21
EP - Committee referral announced in Parliament, 1st reading
2017/07/05
EP - Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71)
2017/07/03
EP - Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
2017/06/28
EP - Committee report tabled for plenary, 1st reading
Details
The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Tanja FAJON (S&D, SL) on the proposal 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.
The committee recommended that the European Parliament's position adopted at first reading in accordance with the ordinary legislative procedure should amend the Commission proposal as follows.
Objective : the main objective of this Regulation is to: (i) ensure that Member States apply common criteria for the identification of persons genuinely in need of international protection and; (ii) ensure that a common set of rights is available to refugees and beneficiaries of subsidiary protection in all Member States. The distinction in terms of rights between refugees and subsidiary protected persons would thus be minimised.
This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, the European Convention on Human Rights (the ECHR) and the European Social Charter.
Assessment of applications : where aspects of the applicant's statements are not supported by documentary or other evidence, he or she should be given the benefit of the doubt if he or she has made a genuine effort to substantiate his or her application and has submitted all relevant elements at his or her disposal, and his or her statements are found to be coherent and plausible.
The assessment of the best interests of the child should be a primary consideration of the relevant authorities when assessing the conditions for internal protection in the case of minors, including the availability of appropriate care and custodial arrangements where the applicant is an unaccompanied minor.
Unaccompanied minors should be provided with a designated guardian, if possible the same since their arrival in the EU, and be placed with close relatives, host families or in open centres specialised in accommodation for minors, which take account of their vulnerability and ensure their safety
Acts of persecution : Members pointed out that such acts may take such forms as: (i) trafficking for the purpose of sexual exploitation; (ii) prosecution or punishment for refusing to perform military service on moral, religious or political grounds or on grounds of belonging to a specific ethnicity or nationality; (iii) recruitment of minors, genital mutilation, forced marriage, child trafficking and child labour, domestic violence, trafficking for sexual exploitation and violations of economic, social and cultural rights.
Exclusion : any third-country national or stateless person shall be excluded from refugee status where there are serious grounds for believing that he was convicted of participation in the activities of a terrorist group .
Refugee status shall be withdrawn from a third-country national if there are reasonable grounds for regarding that he or she, having been convicted by a final judgment of a particularly serious crime, is a danger to the security of the Member State in which he or she is present.
Protection shall also be withdrawn if the beneficiary has committed a serious non-political crime outside the country of protection prior to his or her admission as a beneficiary of subsidiary protection or has been convicted of participation in the activities of a group terrorist.
These provisions shall not apply to minors.
Decisions taken by the determining authority under the Regulation shall be subject to an appeal under procedures laid down by national law.
Status re-examination : Members deleted the proposal for a mandatory refugee status review and subsidiary protection status following a significant change in circumstances in the country of origin, making it optional for national authorities.
Residence permits : Members proposed amending the new EU standard period of validity of the residence permits for both refugees and beneficiaries of the subsidiary protection. As soon as possible and in any event no later than 15 days after international protection has been granted, a residence permit shall be issued.
In order to encourage beneficiaries of international protection to remain in the Member State which granted them protection, the residence permit for beneficiaries of international protection should have a period of validity of at least five years , renewable for periods of at least five years.
Integration : Members stated that integration should promote inclusion rather than isolation. They suggested that Member States should act at national, regional and local levels to provide beneficiaries of international protection with support and opportunities for integration into their host society.
This support should include accommodation, literacy and language courses, inter-cultural dialogue, access to education and professional training, and effective access to democratic structures in society.
Documents
2017/06/15
EP - Vote in committee, 1st reading
2017/06/15
EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2017/06/09
CSL - Debate in Council
Documents
2017/06/09
CSL - Council Meeting
2017/05/08
EP - Committee opinion
Documents
2017/03/02
EP - Committee draft report
Documents
2017/02/08
CofR - Committee of the Regions: opinion
Documents
2016/12/09
CSL - Council Meeting
2016/11/13
DE_BUNDESRAT - Contribution
Documents
2016/11/10
IT_SENATE - Contribution
Documents
2016/11/10
PT_PARLIAMENT - Contribution
Documents
2016/11/09
RO_SENATE - Contribution
Documents
2016/10/26
CZ_SENATE - Contribution
Documents
2016/10/14
CSL - Debate in Council
Documents
2016/10/14
CSL - Council Meeting
2016/10/11
RO_CHAMBER - Contribution
Documents
2016/10/09
CZ_CHAMBER - Contribution
Documents
2016/09/12
EP - Committee referral announced in Parliament, 1st reading
2016/07/13
EC - Legislative proposal published
Details
PURPOSE: to establish new 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 concerning the status of third-country nationals who are long-term residents.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: the Common European Asylum System is based on rules determining the Member State responsible for applicants for international protection , common standards for asylum procedures, reception conditions, the recognition and protection of beneficiaries of international protection.
Notwithstanding the significant progress that has been made in the development of the Common European Asylum System (CEAS), there are still notable differences between the Member States in the types of procedures used, the reception conditions provided to applicants, the recognition rates and the type of protection granted to beneficiaries of international protection. These divergences contribute to secondary movements and asylum shopping, create pull factors, and ultimately lead to an uneven distribution among the Member States of the responsibility to offer protection to those in need.
Recent large scale arrivals have shown that Europe needs an effective and efficient asylum system able to assure a fair and sustainable sharing of responsibility between Member States and to ensure the quality of the decisions made.
Against this backdrop, the Commission presented a first set of proposals to reform the Common European Asylum System delivering on three priorities identified in its Communication:
establishing a sustainable and fair Dublin system for determining the Member State responsible for examining asylum applications, reinforcing the Eurodac system to better monitor secondary movements and facilitate the fight against irregular migration, establishing a genuine European Union Agency for Asylum to ensure the well-functioning of the European asylum system.
With the second package, the Commission is completing the reform of the Common European Asylum System by adopting four additional proposals:
a proposal replacing the Qualification Directive with a Regulation, setting uniform standards for the recognition of persons in need of protection and the rights granted to beneficiaries of international protection; a proposal replacing the Asylum Procedures Directive with a Regulation , harmonising the current disparate procedural arrangements in all Member States and creating a genuine common procedure; a proposal revising the Reception Conditions Directive ; a structured Union resettlement framework , moving towards a more managed approach to international protection within the EU.
CONTENT: this draft Regulation lays down standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection as well as for uniform status for refugees or for persons eligible for subsidiary protection.
While the existing recast Qualification Directive has contributed to some level of approximation of the national rules, it appears that recognition rates still vary between Member States and there is equally a lack of convergence as regards decisions on the type of protection status granted by each Member State.
The differences in recognition rates and in the level of rights in the national asylum systems attached to the protection status concerned provide strong indication of the need for a more harmonised approach. These differences can create incentives for applicants for international protection to claim asylum in Member States where those rights and recognition levels are perceived to be higher than others. In addition there is also need to address possible secondary movements of beneficiaries of international protection by clarifying that they are to reside in the Member States which granted them protection.
In view of the above, the proposal aims at:
1. Further harmonisation of the common criteria for recognising applicants for international protection by providing for more prescriptive rules.
The main amendments concern the following issues:
material scope : on the one hand, the Regulation seeks to set out the standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection and on the other set out the content of the international protection which they are granted. Given that the choice of instrument of this proposal is a Regulation, there is no longer a provision allowing Member States to grant more favourable treatment. However Member States are free to grant a national humanitarian status to those who do not qualify under the present Regulation. In addition, Member States may introduce national measures beyond what is regulated by the current Regulation, but only in a way which does not undermine the application of its provisions; assessments of the facts : the proposal establishes the obligation of the applicant for international protection to substantiate the application; by providing all the elements available to him or her, to cooperate and to remain present on the territory of the Member State throughout the procedure; internal protection : a new obligation is provided to assess the possibility of internal protection and if the conditions that he or she can safely and legally travel to, gain admittance to and can reasonably be expected to settle in another part of the country of origin are fulfilled, to determine that the applicant is not in need of international protection; reasons for persecution : in accordance with relevant case law of the Court of Justice of the European Union, the proposal clarifies that a determining authority cannot reasonably expect an applicant to behave discreetly or abstain from certain practices, where such behaviour or practices are inherent to his or her identity, to avoid the risk of persecution in his or her country of origin; exclusion : the commitment of certain crimes (particular cruel actions and terrorist acts) are considered as a basis for exclusion from being a refugee even if committed with a political objective.
2. More convergence of the asylum decisions across the EU by obliging determining authorities of the Member States, when assessing applications, to take into account the common analysis and guidance on the situation in the country of origin , provided at Union level by the European Union Agency for Asylum and the European networks on country of origin information in accordance with the new provisions of the proposed Regulation on the European Union Agency for Asylum.
Moreover, new provisions on cessation of status are provided. As regards the subsidiary protection status, the proposal provides for the obligation for determining authorities to base themselves on the Agency guidance when assessing whether refugees and beneficiaries of subsidiary protection respectively have ceased to be eligible to the international protection status granted to them.
3. Introducing systematic and regular status reviews : the proposal imposes obligations upon Member States to carry out systematic and regular status reviews in case of significant changes in the situation in the country of origin as well as when they intend to renew the residence permits, for the first time for refugees and for the first and second time for beneficiaries of subsidiary protection.
At the same time, it is essential that Member States promote the integration of beneficiaries into their societies. In this respect, the proposal clarifies the scope of the rights and obligations of beneficiaries of international protection. It also provides incentives for their active integration while protection is granted by allowing Member States to make the granting of certain social assistance conditional on effective participation in integration measures.
Finally, decisions ending refugee or subsidiary protection status shall take effect only after a period of three months providing persons whose status has been withdrawn with an effective opportunity to apply for another legal status, such as for work related purposes .
4. Addressing secondary movements of beneficiaries of international protection , by clarifying the obligations of a beneficiary to stay in the Member State which has granted protection and providing for additional disincentives through the modification of the Long-term Residents Directive, by restarting the calculation of legal residence required there in case the beneficiary is found in another Member States without the right to reside or stay. It is expected that this proposed measure will be an incentive for beneficiaries of international protection to comply with the rules and to avoid unauthorised secondary movements, since otherwise they would risk prolonging the waiting period for the acquisition of the long-term resident status and the related right to intra-EU mobility.
5. Further harmonising the rights of beneficiaries of international protection , in particular as regards the validity and format of residence permits, by specifying the scope of the rights to be given access to with special regard to social rights:
residence permits and travel documents : the proposal provides for a new explicit harmonisation of both the validity period and the format of the residence permit, but keeping the difference between beneficiaries of subsidiary protection and refugees. For subsidiary protection, the residence permit will be valid for 1 year renewable for 2 years (1+2+2 years formula) and for refugees the residence permit will be valid for 3 years renewable for 3 years (3+3+3 year formula). It is also proposed to harmonise the minimum security and biometric features of the travel documents, by obliging the Member States to issue travel documents with a minimum one year validity; social security : the scope of social security is clarified for the sake of legal clarity by a cross reference to the social security coordination regulation.
6. Strengthening integration incentives for the beneficiaries of international protection :
social assistance : core benefits are to be understood to cover at least minimum income support, assistance is case of illness, or pregnancy, and parental assistance if these benefits exist and granted to nationals. As a measure to provide for integration incentives, it is proposed to allow Member States to condition the granting of certain social assistance to the effective participation in integration measures; access to integration facilities : as a corresponding measure a possible obligation for the beneficiaries to participate in integration measures is established. However, when obliging beneficiaries of international protection to effectively participate in integration measures.
Monitoring and evaluation : the Commission shall report to the European Parliament and the Council on the application of this Regulation by no later than two years from entry into force of this Regulation and every five years thereafter.
Territorial provisions : in accordance with Protocol No 21 on the position of the United Kingdom and Ireland in respect of the Schengen area, annexed to the TEU and the TFEU, the United Kingdom and Ireland have notified their wish to take part in the adoption of this Regulation.
Under the Protocol on the position of Denmark, annexed to the TEU and the TFEU, Denmark does not take part in the adoption by the Council of the measures pursuant to Title V of the TFEU.
The participation of the United Kingdom, Ireland and Denmark in the arrangements laid down in this proposal repealing the recast Qualification Directive 2011/95/EU, will be determined in the course of negotiations in accordance with these Protocols.
Documents
Documents
- Contribution: COM(2016)0466
- Committee report tabled for plenary, 1st reading: A8-0245/2017
- Debate in Council: 3545
- Committee opinion: PE601.064
- Committee draft report: PE599.799
- Committee of the Regions: opinion: CDR5807/2016
- Contribution: COM(2016)0466
- Contribution: COM(2016)0466
- Contribution: COM(2016)0466
- Contribution: COM(2016)0466
- Contribution: COM(2016)0466
- Debate in Council: 3490
- Contribution: COM(2016)0466
- Contribution: COM(2016)0466
- Legislative proposal published: COM(2016)0466
- Legislative proposal published: EUR-Lex
- Committee of the Regions: opinion: CDR5807/2016
- Committee draft report: PE599.799
- Committee opinion: PE601.064
- Contribution: COM(2016)0466
- Contribution: COM(2016)0466
- Contribution: COM(2016)0466
- Contribution: COM(2016)0466
- Contribution: COM(2016)0466
- Contribution: COM(2016)0466
- Contribution: COM(2016)0466
- Contribution: COM(2016)0466
| Amendments | Dossier |
| 908 |
2016/0223(COD)
2017/03/27
LIBE
703 amendments...
Amendment 100 #
Draft legislative resolution Citation 5 Amendment 101 #
Proposal for a regulation Title 1 Proposal for a
Amendment 102 #
Proposal for a regulation Recital 1 Amendment 103 #
Proposal for a regulation Recital 1 (1) A number of substantive changes are to be made to Council Directive 2011/95/EU of 13 December 2011 on standards for the qualification of third- country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted31 (recast). To ensure harmonisation and more
Amendment 104 #
Proposal for a regulation Recital 1 (1) A number of substantive changes are to be made to Council Directive 2011/95/EU of 13 December 2011 on standards for the qualification of third- country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted31 (recast). To ensure harmonisation and more convergence in asylum decisions
Amendment 105 #
Proposal for a regulation Recital 1 (1) A
Amendment 106 #
Proposal for a regulation Recital 1 (1) A number of substantive changes are to be made to Council Directive 2011/95/EU of 13 December 2011 on standards for the qualification of third-
Amendment 107 #
Proposal for a regulation Recital 2 Amendment 108 #
Proposal for a regulation Recital 2 (2) A
Amendment 109 #
Proposal for a regulation 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 amended by the New York Protocol of 31 January 1967 (Geneva Convention), is a constituent part of the European Union’s objective of establishing progressively an area of freedom, security and justice open to those who, forced by circumstances, legitimately seek protection in the Union. Such a policy should be governed by the principle of
Amendment 110 #
Proposal for a regulation 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 amended by the New York Protocol of 31 January 1967 (Geneva Convention), is a constituent part of the European Union’s objective of establishing progressively an area of freedom, security and justice open to those who, forced by circumstances, legitimately seek protection in the Union. Such a policy should be governed by the principle of solidarity and fair sharing of responsibility
Amendment 111 #
Proposal for a regulation Recital 3 Amendment 112 #
Proposal for a regulation Recital 3 (3) The CEAS
Amendment 113 #
Proposal for a regulation Recital 3 (3) The CEAS is based on common standards for asylum procedures, recognition and protection offered at Union level, reception conditions and a system for determining the Member State responsible for asylum seekers. Notwithstanding progress achieved so far in the progressive development of the CEAS, there are still
Amendment 114 #
Proposal for a regulation Recital 3 (3) The CEAS is based on common standards for asylum procedures, recognition and protection offered at Union level, reception conditions and a system for determining the Member State responsible for asylum seekers. Notwithstanding progress achieved so far in the progressive development of the CEAS, there are still significant disparities between the Member States in the types of procedures used, the recognition rates, the type of protection granted, the level of material reception conditions and benefits given to applicants for and beneficiaries of international protection. These divergences
Amendment 115 #
Proposal for a regulation Recital 3 a (new) (3 a) At present, Member States only recognise asylum decisions issued by other Member States where those decisions refuse to grant international protection. In order to ensure the proper implementation of Article 78(2) of the Treaty on the Functioning of the European Union (TFEU), which calls for a uniform status of asylum valid throughout the Union, Member States shall move towards a mutual recognition of asylum decisions issued by other Member States which grant international protection to persons in need.
Amendment 116 #
Proposal for a regulation Recital 4 Amendment 117 #
Proposal for a regulation Recital 4 (4) In its Communication of 6 April 32 2016, the Commission set out its options for improving the CEAS, namely to establish a sustainable and fair system for determining the Member State responsible for asylum seekers, to reinforce the Eurodac system, to achieve greater convergence in the EU asylum system, to prevent secondary movements within the European Union and a new mandate for the European Union Agency for Asylum
Amendment 118 #
Proposal for a regulation Recital 4 (4) In its Communication of 6 April 2016,32 the Commission set out its options for improving the CEAS, namely to establish a sustainable and fair system for determining the Member State responsible for asylum seekers, to reinforce the Eurodac system, to achieve greater convergence in the EU asylum system
Amendment 119 #
Proposal for a regulation Recital 4 (4) In its Communication of 6 April 32 2016, the Commission set out its options for improving the CEAS, namely to establish a
Amendment 120 #
Proposal for a regulation Recital 4 a (new) (4 a) The Geneva Convention is the cornerstone of the international legal regime for the protection of refugees.
Amendment 121 #
Proposal for a regulation Recital 5 (5)
Amendment 122 #
Proposal for a regulation Recital 5 (5) For a well-functioning CEAS, including of the Dublin system, substantial progress should be made
Amendment 123 #
Proposal for a regulation Recital 5 (5) For a well-functioning CEAS, including of the Dublin system, substantial progress should be made regarding the convergence of national asylum systems with special regard to differing recognition rates and type of protection status in the Member States. In addition, rules on status review should be strengthened to ensure that protection is only granted to those who need it and for so long as it continues to be needed
Amendment 124 #
Proposal for a regulation Recital 5 (5) For a well-functioning CEAS, including of the Dublin system, substantial progress should be made regarding the convergence of national asylum systems with special regard to differing recognition rates and type of protection status in the Member States.
Amendment 125 #
Proposal for a regulation Recital 5 (5) For a well-functioning CEAS, including of the Dublin system, substantial progress should be made regarding the convergence of national asylum systems with special regard to differing recognition rates and type of protection status in the Member States. In addition, rules on status review should be strengthened to ensure that protection is only granted to those who need it and for so long as it continues to be needed. Moreover, divergent practices regarding the duration of the residence permits should be avoided, and the rights granted to beneficiaries of international protection should be further clarified, restricted and harmonised.
Amendment 126 #
Proposal for a regulation Recital 5 (5) For a well-functioning CEAS, including of the Dublin system, substantial progress should be made regarding the convergence of national asylum systems with special regard to differing recognition rates and type of protection status in the Member States. In addition, government departments should not be burdened and rules on status review should therefore be strengthened to ensure that protection is
Amendment 127 #
Proposal for a regulation Recital 5 (5) For a well-functioning CEAS, including of the Dublin system, substantial progress should be made regarding the convergence of national asylum systems with special regard to differing recognition rates and type of protection status in the Member States. In addition, rules on status
Amendment 128 #
Proposal for a regulation Recital 5 a (new) (5a) The validity period for residence permits granted to refugees and persons eligible for subsidiary protection should be harmonised in the interests of developing the Common European Asylum System and encouraging beneficiaries of international protection to remain in the Member State granting protection. For this reason, the validity period for residence permits should be 5 years for refugees and 1 year for beneficiaries of subsidiary protection. However, Member States already providing a longer validity period for residence permits should be able to opt for a period of 10 years for refugees and 5 years for beneficiaries of subsidiary protection.
Amendment 129 #
Proposal for a regulation Recital 6 Amendment 130 #
Proposal for a regulation Recital 6 Amendment 131 #
Proposal for a regulation Recital 6 (6) A
Amendment 132 #
Proposal for a regulation Recital 7 (7) The main objective of this Regulation is, on the one hand, to ensure that Member States apply common criteria for the identification of persons genuinely in need of international protection and, on the other hand, to ensure that a common set of rights is available for those persons in all Member States. Clarifying the criteria for identifying persons genuinely in need of international protection should also enable persons who are not entitled to such protection to be deported more efficiently and systematically.
Amendment 133 #
Proposal for a regulation Recital 7 (7) The main objective of this Regulation is, on the one hand, to ensure that Member States apply common criteria for the identification of persons genuinely in need of international protection and, on
Amendment 134 #
Proposal for a regulation Recital 7 (7) The main objective of this Regulation is, on the one hand, to ensure that Member States apply common criteria for the identification of persons genuinely in need of international protection and, on the other hand, to ensure that a common set of rights is available for
Amendment 135 #
Proposal for a regulation Recital 7 (7) The main objective of this
Amendment 136 #
Proposal for a regulation Recital 7 (7) The main objective of this Regulation is, on the one hand, to ensure that Member States apply
Amendment 137 #
Proposal for a regulation Recital 7 (7) The main objective of this
Amendment 138 #
Proposal for a regulation Recital 7 (7) The main objective of this Regulation is, on the one hand, to ensure that Member States apply common criteria for the identification of persons
Amendment 139 #
Proposal for a regulation Recital 8 Amendment 140 #
Proposal for a regulation Recital 8 Amendment 141 #
Proposal for a regulation Recital 8 (8) The further approximation of rules on the recognition and content of refugee and subsidiary protection status should moreover help to
Amendment 142 #
Proposal for a regulation Recital 8 (8) The further approximation of rules on the recognition and content of refugee and subsidiary protection status
Amendment 143 #
Proposal for a regulation Recital 9 (9) This
Amendment 144 #
Proposal for a regulation Recital 9 (9) This Regulation does not apply to other national humanitarian statuses granted by Member States under their national law to those who do not qualify for the refugee status or the subsidiary protection status.
Amendment 145 #
Proposal for a regulation Recital 10 Amendment 146 #
Proposal for a regulation Recital 10 (10)
Amendment 147 #
Proposal for a regulation Recital 10 (10) Successful resettlement candidates should be granted international protection. Accordingly, the provisions of this Regulation on the content of international protection should apply
Amendment 148 #
Proposal for a regulation Recital 10 (10) Successful resettlement candidates should be granted international protection. Accordingly, the provisions of this
Amendment 149 #
Proposal for a regulation Recital 11 (11) This Regulation respects
Amendment 150 #
Proposal for a regulation Recital 11 (11) This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union (the Charter). In particular this Regulation seeks to ensure full respect for human dignity and the right to asylum of applicants for asylum and their accompanying family members
Amendment 151 #
Proposal for a regulation Recital 11 (11) This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union (the Charter), the European Convention on Human Rights (the ECHR) and the European Social Charter. In particular this Regulation seeks to ensure full respect for human dignity and the right to asylum of applicants for asylum and their accompanying family members and to promote the application of the Charter, the ECHR and the European Social Charter's Articles relating to human dignity, respect for private and family life, protection in the event of removal, expulsion or extradition, freedom of expression and information, right to education, freedom to choose an occupation and right to engage in work, freedom to conduct a business, right to asylum, non-discrimination,
Amendment 152 #
Proposal for a regulation Recital 11 (11) This
Amendment 153 #
Proposal for a regulation Recital 12 (12) With respect to the treatment of persons falling within the scope of this
Amendment 154 #
Proposal for a regulation Recital 13 (13) The resources of the Asylum, Migration and
Amendment 155 #
Proposal for a regulation Recital 13 (13) The resources of the Asylum, Migration and
Amendment 156 #
Proposal for a regulation Recital 13 (13) The resources of the Asylum, Migration and
Amendment 157 #
Proposal for a regulation Recital 13 (13) The resources of the Asylum, Migration and Refugee Fund should be used to provide adequate support to Member States’ efforts in implementing the standards set by the Regulation, in particular to those Member States which are faced with specific and disproportionate pressure on their asylum systems, due in particular to their geographical
Amendment 158 #
Proposal for a regulation Recital 14 (14) The European Union Agency for Asylum should provide adequate support in the application of this Regulation, in particular by providing experts to assist the Member State authorities to receive, register, and examine applications for international protection, providing updated information regarding third countries, including Country of Origin Information,
Amendment 159 #
Proposal for a regulation Recital 14 (14) The European Union Agency for Asylum should provide adequate support in the application of this Regulation
Amendment 160 #
Proposal for a regulation Recital 14 (14) The European Union Agency for Asylum should provide adequate support in the application of this
Amendment 161 #
Proposal for a regulation Recital 14 (14) The European Union Agency for Asylum should provide adequate support in the application of this Regulation, in particular by providing experts to assist the Member State authorities to receive, register, and examine applications for international protection, providing updated information regarding third countries, including Country of Origin Information, and other relevant guidelines and tools. When applying this Regulation, Member States' authorities should take into account operational standards, indicative guidelines, and best practices developed by the European Union Agency for Asylum [the Agency]. When assessing applications for international protection, Member States' authorities should take
Amendment 162 #
Proposal for a regulation Recital 14 (14) The European Union Agency for Asylum should provide adequate support in the application of this Regulation, in particular by providing experts to assist the Member State authorities to receive
Amendment 163 #
Proposal for a regulation Recital 15 (15) When applying this Regulation the ‘best interests of the child’ should be a primary consideration, in line with the 1989 United Nations Convention on the Rights of the Child. In assessing the best interests of the child, Member States' authorities should in particular take due account of the principle of family unity, the minor’s well-being and social development, safety and security considerations and the views of the minor in accordance with his or her age and maturity. Children applicants then turning 18 before a decision on their application is taken would thus still benefit from family unity.
Amendment 164 #
Proposal for a regulation Recital 15 (15) When applying this
Amendment 165 #
Proposal for a regulation Recital 16 (16) The notion of family members
Amendment 166 #
Proposal for a regulation Recital 16 (16) The notion of family members should take into account family diversity and new types of family, the different particular circumstances of dependency and the special attention to be paid to the best interests of the child. It should also reflect the reality of current migratory trends, according to which applicants often arrive to the territory of the Member States after a prolonged period of time in transit. The notion should therefore include families formed both outside the country of origin
Amendment 167 #
Proposal for a regulation Recital 16 (16) The notion of family members should take into account the principles laid down in Council Directive 2003/86/EC1a , which stress the core family unit, the different particular circumstances of dependency and the special attention to be paid to the best interests of the child.
Amendment 168 #
Proposal for a regulation Recital 16 (16) The notion of family members should take into account the different types of family that exist, the different particular circumstances of dependency and the special attention to be paid to the best interests of the child. It should also reflect the reality of current migratory trends, according to which applicants often arrive to the territory of the Member States after a prolonged period of time in transit. The notion should therefore include both families formed outside the country of origin
Amendment 169 #
Proposal for a regulation Recital 16 (16) The notion of family members should take into account the different particular circumstances of dependency and the special attention to be paid to the best interests of the child. It should also reflect the reality of current migratory trends, according to which applicants often arrive to the territory of the Member States after a prolonged period of time in transit. The notion should therefore include families formed outside the country of origin,
Amendment 170 #
Proposal for a regulation Recital 17 (17) This
Amendment 171 #
Proposal for a regulation Recital 19 Amendment 172 #
Proposal for a regulation Recital 20 (20)
Amendment 173 #
Proposal for a regulation Recital 21 Amendment 174 #
Proposal for a regulation Recital 21 (21) It is necessary to introduce
Amendment 175 #
Proposal for a regulation Recital 21 a (new) Amendment 176 #
Proposal for a regulation Recital 22 (22) In particular, it is necessary to introduce common concepts of protection needs arising sur place, sources of harm and
Amendment 177 #
Proposal for a regulation Recital 22 (22) In particular, it is necessary to introduce common concepts of protection needs arising sur place, sources of harm and protection,
Amendment 178 #
Proposal for a regulation Recital 23 (23) Protection can be provided
Amendment 179 #
Proposal for a regulation Recital 23 (23) Protection can only be provided
Amendment 180 #
Proposal for a regulation Recital 23 (23) Protection can be provided, where they are willing and able to offer protection,
Amendment 181 #
Proposal for a regulation Recital 23 (23) Protection can be provided, where they are willing and able to offer protection, either by the State or by parties or organisations, including international organisations, meeting the conditions set out in this Directive, which control a region or a larger area within the territory of the State. Such protection should be effective
Amendment 182 #
Proposal for a regulation Recital 23 (23) Protection can be provided, where they are willing and able to offer protection, either by the State or by
Amendment 183 #
Proposal for a regulation Recital 24 Amendment 184 #
Proposal for a regulation Recital 24 Amendment 185 #
Proposal for a regulation Recital 24 Amendment 186 #
Proposal for a regulation Recital 24 (24) Internal protection against
Amendment 187 #
Proposal for a regulation Recital 24 (24) Internal protection against persecution or serious harm should be effectively available to the applicant in a part of the country of origin where he or she can safely and legally travel to, gain admittance to and can reasonably be
Amendment 188 #
Proposal for a regulation Recital 24 (24) Internal protection against persecution or serious harm should be effectively available to the applicant in a part of the country of origin where he or she can safely and legally travel to, gain admittance to and can reasonably be expected to settle. The assessment of whether such internal protection exists should be an inherent part of the assessment the application for international protection and should be carried out
Amendment 189 #
Proposal for a regulation Recital 24 a (new) (24 a) The assessment of the best interests of the child should be the primary consideration of the relevant authorities when assessing the conditions for internal protection in the case of minors.
Amendment 190 #
Proposal for a regulation Recital 25 Amendment 191 #
Proposal for a regulation Recital 25 (25) Where the State or agents of the State are established as the actors of persecution or serious harm, there should be a presumption that effective protection is not available to the applicant.
Amendment 192 #
Proposal for a regulation Recital 26 (26) It is necessary, when assessing applications from minors for international protection, that the determining authorities
Amendment 193 #
Proposal for a regulation Recital 26 (26) It is necessary, when assessing applications from minors for international protection, that the determining authorities should have regard to child-specific forms of persecution and exploitation of all kinds, or the lack of protection therefrom.
Amendment 194 #
Proposal for a regulation Recital 27 (27) One of the conditions for qualification for refugee status within the meaning of Article 1(A) of the Geneva Convention is the existence of a causal link between the reasons for persecution, namely race, religion or belief, nationality, political opinion or membership of a particular social group or political opinion, and the acts of persecution or the absence of protection against such acts.
Amendment 195 #
Proposal for a regulation Recital 28 Amendment 196 #
Proposal for a regulation Recital 28 Amendment 197 #
Proposal for a regulation Recital 28 (28) It is equally necessary to introduce a common concept of the persecution ground ‘membership of a particular social group’.
Amendment 198 #
Proposal for a regulation Recital 28 (28) It is equally necessary to introduce a common concept of the persecution ground ‘membership of a particular social group’. For the purposes of defining a particular social group, issues arising from an applicant’s gender, including gender identity and sexual orientation, which may be related to certain legal traditions and customs, resulting in for example genital mutilation, forced sterilisation or forced abortion, should be given due consideration in so far as they are related to the applicant’s well-founded fear of persecution. The applicant's well-founded fear of persecution may arise from the perception of them belonging to a particular social group, whether or not that is the reality.
Amendment 199 #
Proposal for a regulation Recital 28 (28) It is equally necessary to introduce a common concept of the persecution ground
Amendment 200 #
Proposal for a regulation Recital 29 (29) In accordance with relevant case law of the Court of Justice of the European Union and the European Court of Human Rights, when assessing applications for international protection, the competent authorities of the Member States should use methods for the assessment of the applicant's credibility in a manner that respects the individual's rights as guaranteed by the Charter and the ECHR, in particular the right to human dignity and the respect for private and family life. Specifically as regards
Amendment 201 #
Proposal for a regulation Recital 29 (29) In accordance with relevant case law of the Court of Justice of the European Union, when assessing applications for international protection, the competent authorities of the Member States should use methods for the assessment of the applicant's credibility in a manner that respects the individual's rights as guaranteed by the Charter, in particular the right to human dignity and the respect for private and family life. Specifically as regards
Amendment 202 #
Proposal for a regulation Recital 29 (29) In accordance with relevant case law of the Court of Justice of the European Union, when assessing applications for international protection, the competent authorities of the Member States should use methods for the assessment of the
Amendment 203 #
Proposal for a regulation Recital 30 (30) Acts contrary to the purposes and principles of the United Nations are set out in the Preamble and Articles 1 and 2 of the Charter of the United Nations and are, amongst others, embodied in the United Nations resolutions relating to measures combating terrorism, which declare that ‘acts, methods and practices of terrorism are contrary to the purposes and principles of the United Nations’ and that ‘knowingly financing, planning and inciting terrorist acts are also contrary to the purposes and principles of the United Nations’. These same acts, methods and practices should also constitute a reason to deny and revoke refugee status or subsidiary protection status.
Amendment 204 #
Proposal for a regulation Recital 31 Amendment 205 #
Proposal for a regulation Recital 31 (31) Committing a political crime
Amendment 206 #
Proposal for a regulation Recital 31 (31) Committing a political crime is not in principle a ground justifying exclusion from refugee status. However, in accordance with relevant case law of the Court of Justice of the European Union, particularly cruel actions, where the act in question is disproportionate to the alleged political objective, and terrorist acts which are characterised by their violence towards civilian populations, even if committed with a purportedly political objective, should be regarded as non-political crimes and therefore
Amendment 207 #
Proposal for a regulation Recital 31 a (new) (31 a) The Court of Justice of the European Union clearly stated in its Judgment Commissaire général aux réfugiés et aux apatrides /Mostafa Lounani1a that supporting a terrorist group or the conduct of a terror act is sufficient reason to exclude an applicant for international protection from the status of a refugee or from granting subsidiary protection. _________________ 1a C-573/14;
Amendment 208 #
Proposal for a regulation Recital 31 a (new) (31 a) The recognition of subsidiary protection status is a declaratory act.
Amendment 209 #
Proposal for a regulation Recital 32 Amendment 210 #
Proposal for a regulation Recital 32 (32) Standards for the definition and content of subsidiary protection status should also be laid down. Subsidiary protection should be complementary and additional to the refugee protection enshrined in the Geneva Convention. While the basis for protection differs between refugee and subsidiary protection, the ongoing need for protection may be similar in duration.
Amendment 211 #
Proposal for a regulation Recital 33 Amendment 212 #
Proposal for a regulation Recital 34 Amendment 213 #
Proposal for a regulation Recital 34 (34) For the purpose of assessing serious harm which may qualify applicants as eligible for subsidiary protection, the notion of indiscriminate violence, in accordance with relevant case law of the European Court of Justice and the European Court of Human Rights, should include violence that may extend to people irrespective of their personal circumstance. Factors to be taken into account when determining whether indiscriminate violence exists could include external aggression, occupation, foreign domination, internal conflicts, severe violation of human rights or events seriously disturbing public order in the country of origin, or in a part thereof.
Amendment 214 #
Proposal for a regulation Recital 36 (36) As regards the required proof in relation to the existence of a serious
Amendment 215 #
Proposal for a regulation Recital 36 (36) As regards the required proof in relation to the existence of a serious and individual threat to the life or person of an applicant, in accordance with relevant case law of the Court of Justice of the European Union36
Amendment 216 #
Proposal for a regulation Recital 36 (36) As regards the required proof in relation to the existence of a serious
Amendment 217 #
Proposal for a regulation Recital 36 (36) As regards the required proof in relation to the existence of a serious and individual threat to the life or person of an applicant, in accordance with relevant case law of the Court of Justice of the European Union36 , determining authorities should not require the applicant to adduce evidence that he is specifically targeted by reason of factors particular to his personal circumstances. However, the level of indiscriminate violence required to substantiate the application is lower if the applicant is able to show that he is specifically affected by reason of factors particular to his personal circumstance. Moreover, the existence of a serious and individual threat should exceptionally be established by the determining authorities solely on account of the presence of the applicant on the territory
Amendment 218 #
Proposal for a regulation Recital 36 a (new) (36 a) A person in need of protection because he or she is unable to return to his or her country of origin due to a natural or man-made disaster should also be eligible to qualify for protection under this Regulation.
Amendment 219 #
Proposal for a regulation Recital 36 b (new) (36 b) Natural or man-made disasters shall include: effects of climate change, land grabbing, water grabbing, desertification of the habitat, forced villagization as well as environmental disasters and pollution caused by war.
Amendment 220 #
Proposal for a regulation Recital 37 (37) The residence permit and the travel documents issued to beneficiaries of international protection for the first time or renewed following the entry into force of this
Amendment 221 #
Proposal for a regulation Recital 37 (37) The residence permit and the travel documents issued to beneficiaries of international protection
Amendment 222 #
Proposal for a regulation Recital 38 (38) Family members,
Amendment 223 #
Proposal for a regulation Recital 38 (38) Family members, due to their close relationship to the
Amendment 224 #
Proposal for a regulation Recital 38 a (new) (38 a) In order to avoid abuses, Member States should assess whether the marriage between a beneficiary of international protection and his or her spouse is the result of an authentic relationship.
Amendment 225 #
Proposal for a regulation Recital 39 Amendment 226 #
Proposal for a regulation Recital 39 (39) With a view to ascertaining whether beneficiaries of international protection are still in need of that protection, determining authorities
Amendment 227 #
Proposal for a regulation Recital 39 (39) With a view to ascertaining whether beneficiaries of international protection are still in need of that protection, determining authorities should review the granted status when
Amendment 228 #
Proposal for a regulation Recital 39 (39) With a view to ascertaining whether beneficiaries of international protection are still in need of that protection, determining authorities
Amendment 229 #
Proposal for a regulation Recital 39 (39) With a view to ascertaining whether beneficiaries of international protection are still in need of that protection, determining authorities should review the granted status at the latest when the residence permit has to be renewed,
Amendment 230 #
Proposal for a regulation Recital 39 (39) With a view to ascertaining whether beneficiaries of international protection are still in need of that protection, determining authorities should review the granted status when the residence permit has to be renewed, for the first time in the case of refugees,
Amendment 231 #
Proposal for a regulation Recital 39 (39) With a view to ascertaining whether beneficiaries of international protection are still in need of that protection, determining authorities should review the granted status when the residence permit has to be renewed, for the first and second time in the case of refugees, and for the first
Amendment 232 #
Proposal for a regulation Recital 40 (40) When assessing a change of circumstances in the third country concerned, the competent authorities of the Member States shall verify, having regard to the
Amendment 233 #
Proposal for a regulation Recital 41 Amendment 234 #
Proposal for a regulation Recital 41 (41) When the
Amendment 235 #
Proposal for a regulation Recital 41 (41) When the refugee status or the subsidiary protection status ceases to exist, the application of the decision by which the determining authority of a Member State revokes, ends or does not renew the status should be deferred for a reasonable period of time after adoption, in order to give the third-country national or stateless person concerned the possibility to apply for residence on the basis of other grounds than those having justified the granting of international protection,
Amendment 236 #
Proposal for a regulation Recital 41 (41) When the refugee status
Amendment 237 #
Proposal for a regulation Recital 41 (41) When the
Amendment 238 #
Proposal for a regulation Recital 41 a (new) Amendment 239 #
Proposal for a regulation Recital 42 Amendment 240 #
Proposal for a regulation Recital 42 (42) Beneficiaries of international protection should reside in the Member State which granted them protection. Those beneficiaries who are in possession of a valid travel document and a residence permit issued by a Member State applying the Schengen acquis in full, should be allowed to enter into and move freely within the territory of the Member States applying the Schengen acquis in full, for a period up to 90 days in any 180-day period in accordance with Schengen Borders Code38 and with Article 21 of the Convention implementing the Schengen Agreement39
Amendment 241 #
Proposal for a regulation Recital 42 (42) Beneficiaries of international protection should reside in the Member State which granted them protection. Those beneficiaries who are in possession of a valid travel document and a residence permit issued by a Member State applying the Schengen acquis in full, should be allowed to enter into and move freely
Amendment 242 #
Proposal for a regulation Recital 43 Amendment 243 #
Proposal for a regulation Recital 43 Amendment 244 #
Proposal for a regulation Recital 43 (43)
Amendment 245 #
Proposal for a regulation Recital 43 (43) In order to prevent secondary movements within the European Union, beneficiaries of international protection, if found in a Member State other than the Member State having granted them protection without fulfilling the conditions of stay or reside, should be taken back and sanctioned by the Member State responsible in accordance with the procedure laid down by Regulation41
Amendment 246 #
Proposal for a regulation Recital 43 (43) In order also to prevent secondary movements within the European Union, beneficiaries of international protection, if found in a Member State other than the Member State having granted them protection without fulfilling the conditions of stay or reside, should be taken back by the Member State responsible in accordance with the procedure laid down by Regulation41
Amendment 247 #
Proposal for a regulation Recital 44 Amendment 248 #
Proposal for a regulation Recital 44 Amendment 249 #
Proposal for a regulation Recital 44 (44) In order to discourage secondary movements within the European Union, the Long Term Residence Directive 2003/109/EC should be amended to provide that the 5-year period after which beneficiaries of international protection are eligible for the Long Term Resident status should be restarted each time the person is found in a Member State, other than the one that granted international protection, without a right to stay or to reside there in accordance with relevant Union or national law. This should be without prejudice of the possibility for the beneficiary of international protection to provide the relevant authority with admissible justifications.
Amendment 250 #
Proposal for a regulation Recital 44 (44) In order to discourage secondary movements within the European Union, the Long Term Residence Directive 2003/109/EC should be amended to provide that the 5-year period after which beneficiaries of international protection are eligible for the Long Term Resident status should be restarted each time the person is found in a Member State, other than the one that granted international protection, without a right to stay or to reside there in accordance with relevant Union or national law. Additionally, the 5-year period after which beneficiaries of international protection are eligible for the Long Term Resident status should be extended to 7 years.
Amendment 251 #
Proposal for a regulation Recital 45 (45) The notion of national security and public order may also cover
Amendment 252 #
Proposal for a regulation Recital 45 (45) The notion of national security and public order also covers cases in which a
Amendment 253 #
Proposal for a regulation Recital 45 (45) The notion of national security and public order also covers cases in which a third-country national
Amendment 254 #
Proposal for a regulation Recital 45 a (new) (45 a) In the event that the situation of a beneficiary of international protection or an applicant for international protection fulfil the conditions set out in Art 33(2) of the Geneva Convention, Member States should enjoy the discretion whether to return the person to his/her country of origin, in full respect of the European Charter of Fundamental Rights, in particular Article 4 and Article 19 (2).
Amendment 255 #
Proposal for a regulation Recital 46 (46) When deciding on entitlements to the benefits included in this
Amendment 256 #
Proposal for a regulation Recital 47 Amendment 257 #
Proposal for a regulation Recital 48 Amendment 258 #
Proposal for a regulation Recital 48 (48) Competent authorities may restrict the access to employed or self-employed activities as regard posts which involve the exercise of public authority, and responsibility for safeguarding the general interest of the State or other public authorities.
Amendment 259 #
Proposal for a regulation Recital 48 (48) Competent authorities may restrict the access to employed or self-employed activities as regard posts which involve the exercise of public authority, and responsibility for safeguarding the general interest of the State or other public authorities. In the context of exercising their right equal treatment as regards membership of an organisation representing workers or engaging in a
Amendment 260 #
Proposal for a regulation Recital 49 (49) In order to enhance the effective exercise of the rights and benefits laid down in this Regulation by beneficiaries of international protection, it is necessary to take into account their specific needs and the particular integration challenges with which they are confronted, and facilitate their access to integration related rights in particular as regards employment-related educational opportunities and vocational training and access to recognition procedures for foreign diplomas, certificates and other evidence of formal qualifications in particular due to the lack of documentary evidence and their inability to meet the costs related to the recognition procedures. As implied by the Reception Directive, by restricting recipients of international protection to work, governments deprive communities of motivated workers, make asylum seekers/refugees vulnerable to exploitation as cheap labour and make the integration process more difficult in the long run. Moreover, the costs associated with hosting asylum seekers are lower when they are authorized to hold remunerated employment. In that context, early labour integration would be the best solution
Amendment 261 #
Proposal for a regulation Recital 49 (49) In order to enhance the effective exercise of the rights and benefits laid down in this Regulation by beneficiaries of international protection, it is necessary to take into account their specific needs and the particular integration challenges with which they are confronted, and facilitate their access to integration related rights
Amendment 262 #
Proposal for a regulation Recital 49 (49) In order to enhance the effective exercise of the rights and benefits laid down in this
Amendment 263 #
Proposal for a regulation Recital 49 a (new) (49 a) Beneficiaries of international protection can arrive with certain disadvantages. In its report entitled "The labour market integration of resettled refugees", the UNHCR states that resettled refugees either fall into separate labour market (with low skills requirements) or face extra barriers entering the employment. Therefore, structured programmes should be designed with different practices in order to grant equal access to the labour market to this target group
Amendment 264 #
Proposal for a regulation Recital 49 b (new) (49 b) Special measures need to be considered with a view to effectively addressing the practical difficulties encountered by beneficiaries of international protection concerning the authentication of their foreign diplomas, 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.
Amendment 265 #
Proposal for a regulation Recital 49 c (new) (49 c) In light of the fact that integration is a two-way process, respect for the values upon which the Union is founded and respect for the fundamental rights of the beneficiaries of international protection should be an integral part of the integration process. Integration should avoid isolation, promote inclusion and the participation of all actors involved is crucial for its success. Member States, acting at national, regional and local level, should offer beneficiaries of international protection support and opportunities to integrate and build a life in their new society, which should include accommodation, literacy and language courses, inter-cultural dialogue, education and professional training, as well as effective access to democratic structures in society.
Amendment 266 #
Proposal for a regulation Recital 50 Amendment 267 #
Proposal for a regulation Recital 50 Amendment 268 #
Proposal for a regulation Recital 50 Amendment 269 #
Proposal for a regulation Recital 50 (50) Equal treatment should be provided for beneficiaries of international protection with nationals of the Member State granting protection as regards social security and access to integration programs.
Amendment 270 #
Proposal for a regulation Recital 51 Amendment 271 #
Proposal for a regulation Recital 51 (51) In addition, especially to avoid social hardship, it is appropriate to provide beneficiaries of international protection with social assistance without discrimination.
Amendment 272 #
Proposal for a regulation Recital 51 (51) In addition, especially to avoid social hardship, it is appropriate to provide beneficiaries of international protection with social assistance without discrimination.
Amendment 273 #
Proposal for a regulation Recital 51 (51) In addition, especially to avoid social hardship, it is appropriate to provide beneficiaries of international protection with social assistance without discrimination.
Amendment 274 #
Proposal for a regulation Recital 51 (51) In addition, especially to avoid social hardship, it is appropriate to provide beneficiaries of international protection
Amendment 275 #
Proposal for a regulation Recital 51 (51) In addition, especially to avoid social hardship, it is appropriate to provide beneficiaries of international protection with social assistance without
Amendment 276 #
Proposal for a regulation Recital 51 a (new) (51 a) The specific needs and particularities of the situation of beneficiaries of international protection status should be taken into account, as far as possible, in the integration programmes provided to them including, where appropriate, language training and the provision of information concerning individual rights and obligations relating to their protection status in the Member State concerned.
Amendment 277 #
Proposal for a regulation Recital 52 (52) Access to healthcare, including both physical and mental healthcare, and including sexual and reproductive healthcare, should be ensured to beneficiaries of international protection.
Amendment 278 #
Proposal for a regulation Recital 52 (52) Access to
Amendment 279 #
Proposal for a regulation Recital 52 a (new) (52 a) Beneficiaries of international protection should enjoy access to goods and services and the supply of goods and services made available to the public, including information and counselling services provided by employment offices.
Amendment 280 #
Proposal for a regulation Recital 53 (53) In order to facilitate the integration of beneficiaries of international protection into society, beneficiaries of international protection shall have access to integration measures, modalities to be set by the Member States. Member States may make the participation in such integration measures, such as language courses, civic integration courses, vocational training and other employment-related courses compulsory, provided that they are free of charge, genuinely and easily accessible and that they take into account the special needs of beneficiaries of international protection.
Amendment 281 #
Proposal for a regulation Recital 53 (53) In order to facilitate the integration of beneficiaries of international protection into society, beneficiaries of international protection shall have access to integration measures, modalities to be set by the Member States. Member States may make the participation in such integration measures, such as language courses, civic integration courses, vocational training and other employment-related courses compulsory. Continuous refusal to actively integrate may, as a measure of last resort, lead to the cessation of the eligibility for international protection.
Amendment 282 #
Proposal for a regulation Recital 53 (53) In order to facilitate the integration of beneficiaries of international protection into society, beneficiaries of international protection
Amendment 283 #
Proposal for a regulation Recital 53 (53) In order to facilitate the integration of beneficiaries of international protection into society, beneficiaries of international protection shall have access to integration measures, modalities to be set by the Member States. Member States
Amendment 284 #
Proposal for a regulation Recital 53 (53) In order to facilitate the integration of beneficiaries of international protection into society, beneficiaries of international protection shall have access to integration measures,
Amendment 285 #
Proposal for a regulation Recital 53 (53) In order to facilitate the integration of beneficiaries of international protection into society, beneficiaries of international protection shall have free and effective access to integration measures, modalities to be set by the Member States.
Amendment 286 #
Proposal for a regulation Recital 53 (53) In order to facilitate the integration of beneficiaries of international protection into society, beneficiaries of international protection sh
Amendment 287 #
Proposal for a regulation Recital 54 (54) The
Amendment 288 #
Proposal for a regulation Recital 54 (54) The effective monitoring of the transposition and application of this
Amendment 289 #
Proposal for a regulation Recital 55 (55) In order to ensure uniform conditions for the implementation of the provisions of this
Amendment 290 #
Proposal for a regulation Recital 56 Amendment 291 #
Proposal for a regulation Recital 56 Amendment 292 #
Proposal for a regulation Recital 56 (56) Since the objectives of this
Amendment 293 #
Proposal for a regulation Recital 57 – paragraph 1 [In accordance with Article 3 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area
Amendment 294 #
Proposal for a regulation Recital 57 – paragraph 3 [In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, those Member States are not taking part in the adoption of this
Amendment 295 #
Proposal for a regulation Recital 57 – paragraph 5 [(XX) In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of
Amendment 296 #
Proposal for a regulation Recital 57 – paragraph 6 (XX) In accordance with Article 3 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Ireland has notified (, by letter of ...,) its wish to take part in the adoption and application of this
Amendment 297 #
Proposal for a regulation Recital 57 – paragraph 8 [(XX) In accordance with Article 3 of Protocol No 21 on the position of the
Amendment 298 #
Proposal for a regulation Recital 57 – paragraph 9 (XX) In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, Ireland is not taking part in the adoption of this
Amendment 299 #
Proposal for a regulation Recital 58 (58) In accordance with Articles 1 and 2
Amendment 300 #
Proposal for a regulation Article 1 – paragraph 1 – introductory part This
Amendment 301 #
Proposal for a regulation Article 1 – paragraph 1 a (new) Without prejudice to paragraph 1, Member States shall keep the possibility to grant family members the refugee status or subsidiary protection in accordance with their national laws, regardless if they are subject to a risk of persecution or serious harm, in order to establish a uniform legal status within the family.
Amendment 302 #
Proposal for a regulation Article 2 – paragraph 1 – introductory part For the purposes of this
Amendment 303 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 (1) ‘international protection’ means refugee status
Amendment 304 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 (2) ‘beneficiary of international protection’ means a person who has been granted refugee status
Amendment 305 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 (3) ‘refugee’ means a third-country national who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion, gender, sexual orientation, gender identity, disability or membership of a particular social group, is outside the country of nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country, or a stateless person, who, being outside of the country of former habitual residence for the same reasons as mentioned , is unable or, owing to such fear, unwilling to return to it, and to whom Article 12 does not apply;
Amendment 306 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 Amendment 307 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 (7) ‘application for international protection’ means a request made by a third-country national or a stateless person for protection from a Member State, who can be understood to seek refugee status
Amendment 308 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 – introductory part (9) ‘family members’ means
Amendment 309 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 – introductory part (9)
Amendment 310 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 – introductory part (9) ‘family members’ means, in so far as the family already existed
Amendment 311 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 – point a (a) the spouse of the beneficiary of international protection or his or her unmarried partner
Amendment 312 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 – point a (a) the spouse of the beneficiary of international protection or his or her unmarried partner in a stable relationship
Amendment 313 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 – point b (b) the
Amendment 314 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 – point b (b) the
Amendment 315 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 – point b (b) the
Amendment 316 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 – point c (c) the
Amendment 317 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 – point c (c) the father, mother, or another adult responsible for the applicant or beneficiary of international protection whether by law or by the practice of the
Amendment 318 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 – point c (c) the father, mother or another adult responsible for the beneficiary of international protection whether by law or by the practice of the Member State concerned, when that beneficiary is a minor
Amendment 319 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 – point c (c) the father, mother or another adult responsible for the beneficiary of international protection whether by law or by the practice of the Member State concerned, when that beneficiary is a minor
Amendment 320 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 – point c a (new) (c a) the sibling or siblings of the applicant or beneficiary of international protection;
Amendment 321 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 – point c a (new) (c a) the sibling or siblings of the beneficiary of international protection;
Amendment 322 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 – point c a (new) (c a) -The grandparents of the applicant or beneficiary of international protection
Amendment 323 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 – point c a (new) (c a) the sibling or siblings of the beneficiary of international protection;
Amendment 324 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 – point c b (new) (c b) the father, mother, grandmother, grandfather, aunt or uncle of the beneficiary of international protection, regardless of whether the beneficiary of international protection was born in or out of wedlock or adopted as defined under national law;
Amendment 325 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 – point c b (new) (c b) the direct relatives in the ascending line of the applicant or beneficiary of international protection
Amendment 326 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 – point c b (new) (c b) -The grandchildren of the applicant;
Amendment 327 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 – point c c (new) (c c) 'sponsor' means a national of a Member State, or a third country national authorized by a Member State to stay in its territory as holder of any residence permit issued under Union or national law of that Member State for a period of one year or longer
Amendment 328 #
Proposal for a regulation Article 2 – paragraph 1 – point 10 (10) ‘minor’ means a third-country national or stateless person below the age of 18 years
Amendment 329 #
Proposal for a regulation Article 2 – paragraph 1 – point 10 a (new) (10 a) "child" is a third-country national or stateless person who is below the age of 18 years at the time his/her application for international protection is submitted.
Amendment 330 #
Proposal for a regulation Article 2 – paragraph 1 – point 11 (11) ‘unaccompanied minor’ means a minor who arrives on the territory of the Member States unaccompanied by an adult responsible for him or her whether by law or by the practice of the Member State concerned, and for as long as he or she is not effectively taken into the care of such a person
Amendment 331 #
Proposal for a regulation Article 2 – paragraph 1 – point 14 (14) ‘withdrawal of international protection’ means the decision by a competent authority to revoke, end or refuse to renew the refugee
Amendment 332 #
Proposal for a regulation Article 2 – paragraph 1 – point 15 (15) 'subsequent application' means a further application for international protection made in any Member State after a final decision has been taken on a previous application, including where the applicant has explicitly withdrawn his or her application
Amendment 333 #
Proposal for a regulation Article 2 – paragraph 1 – point 16 (16) ‘determining authority’ means any judicial, quasi-judicial or administrative body in a Member State responsible for examining applications for international protection and competent to take decisions at first instance in such cases;
Amendment 334 #
Proposal for a regulation Article 2 – paragraph 1 – point 17 (17) 'social security' means the branches of social security as
Amendment 335 #
Proposal for a regulation Article 2 – paragraph 1 – point 17 (17) 'social security' means the branches of social security as defined in Regulation (EC) No 883/2004 of the European Parliament and of the Council44
Amendment 336 #
Proposal for a regulation Article 2 – paragraph 1 – point 19 (19) 'guardian' means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor in procedures provided for in this
Amendment 337 #
Proposal for a regulation Article 2 – paragraph 1 – point 19 (19) 'guardian' means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor in procedures provided for in this Regulation with a view to
Amendment 338 #
Proposal for a regulation Article 2 – paragraph 1 – point 19 (19) 'guardian' means a person or an organisation appointed
Amendment 339 #
Proposal for a regulation Article 3 – paragraph 1 1. This Regulation applies to the qualification of third-country nationals or stateless persons as beneficiaries of international protection and to the content of the international protection granted. The provisions in the Articles 15 and 21 of this Regulation apply retrospectively to the beneficiaries of international protection who have not yet exhausted the validity of their residence permits.
Amendment 340 #
Proposal for a regulation Article 3 – paragraph 1 1. This
Amendment 341 #
Proposal for a regulation Article 3 – paragraph 2 2. This
Amendment 342 #
Proposal for a regulation Article 3 – paragraph 2 2. This Regulation does not apply to other national humanitarian statuses issued by Member States under their national law to those who do not qualify for refugee status or subsidiary protection status.
Amendment 343 #
Proposal for a regulation Article 3 – paragraph 2 a (new) 2 a. While there is no generally agreed definition of environmentally displaced person at the Union level, this does not preclude Member States providing protection to such persons under their own national law or practice.
Amendment 344 #
Proposal for a regulation Article 4 – paragraph 1 1. The applicant shall submit without delay all the elements available to him or her which substantiate the application for international protection. He or she shall cooperate with the determining authority and shall remain present and available throughout the procedure. Any period of illegal stay in the territory of the Member States before lodging an application for international protection shall be investigated as potential evidence of motives for staying in the Union other than legitimately seeking international protection.
Amendment 345 #
Proposal for a regulation Article 4 – paragraph 1 1. The applicant shall submit all the elements available to him or her which substantiate the application for international protection.
Amendment 346 #
Proposal for a regulation Article 4 – paragraph 1 1. The determining authority shall consider it the duty of the applicant
Amendment 347 #
Proposal for a regulation Article 4 – paragraph 1 1.
Amendment 348 #
Proposal for a regulation Article 4 – paragraph 1 1. The applicant shall submit all the elements available to him or her which substantiate the application for international protection
Amendment 349 #
Proposal for a regulation Article 4 – paragraph 2 2. The elements referred to in paragraph 1 shall consist of the applicant’s statements and all the documentation at the applicant’s disposal regarding the applicant’s age, background, including that of relevant relatives, identity, nationality(ies), country(ies) and place(s) of previous residence, previous applications
Amendment 350 #
Proposal for a regulation Article 4 – paragraph 2 2. The elements referred to in paragraph 1 shall consist of the applicant’s statements and all the documentation at the applicant’s disposal regarding the applicant’s age, background, including that
Amendment 351 #
Proposal for a regulation Article 4 – paragraph 3 3. The determining authority shall assess the relevant elements of the application in accordance with Article 33 of Regulation (EU)XXX/XXX [Procedures regulation.] The applicant shall be subjected to an age assessment using the most up-to-date, scientific methods when there is a reason to suspect that the applicant is an adult and he or she claims to be, without solid evidence, between 15 and 17 years of age.
Amendment 352 #
Proposal for a regulation Article 4 – paragraph 3 3.
Amendment 353 #
Proposal for a regulation Article 4 – paragraph 3 3.
Amendment 354 #
Proposal for a regulation Article 4 – paragraph 4 4. The fact that an applicant has already been subject to persecution or serious harm, or to direct threats of such persecution or such harm, shall be considered a serious indication of the applicant’s well-founded fear of persecution or real risk of suffering serious harm
Amendment 355 #
Proposal for a regulation Article 4 – paragraph 4 4. The fact that an applicant has already been subject to persecution or serious harm, or to direct threats of such persecution or such harm, shall be considered a serious indication of the applicant
Amendment 356 #
Proposal for a regulation Article 4 – paragraph 4 4. The fact that an applicant has already been subject to persecution or serious harm, or to direct threats of such persecution or such harm in his or her country of origin, shall be considered a serious indication of the applicant’s well- founded fear of persecution or real risk of suffering serious harm, unless there are good reasons to consider that such persecution or serious harm will not be repeated.
Amendment 357 #
Proposal for a regulation Article 4 – paragraph 5 – introductory part 5. Where aspects of the applicant’s statements are not supported by documentary or other evidence, no additional evidence shall be required in respect of those aspects and the applicant shall be granted the benefit of the doubt where the following conditions are met:
Amendment 358 #
Proposal for a regulation Article 4 – paragraph 5 – introductory part 5. Where aspects of the applicant
Amendment 359 #
Proposal for a regulation Article 4 – paragraph 5 – introductory part 5. Where aspects of the applicant’s statements are not supported by documentary or other evidence, no additional evidence shall be required and the applicant shall be given the benefit of the doubt in respect of those aspects where the following conditions are met:
Amendment 360 #
Proposal for a regulation Article 4 – paragraph 5 – introductory part 5. Where aspects of the applicant’s statements are not supported by documentary or other evidence,
Amendment 361 #
Proposal for a regulation Article 4 – paragraph 5 – point a Amendment 362 #
Proposal for a regulation Article 4 – paragraph 5 – point b (b) all relevant elements at the applicant
Amendment 363 #
Proposal for a regulation Article 4 – paragraph 5 – point b (b) all relevant elements at the applicant’s disposal have been submitted
Amendment 364 #
Proposal for a regulation Article 4 – paragraph 5 – point d Amendment 365 #
Proposal for a regulation Article 4 – paragraph 5 – point d Amendment 366 #
Proposal for a regulation Article 4 – paragraph 5 – point d Amendment 367 #
Proposal for a regulation Article 4 – paragraph 5 – point d (d) the applicant has applied for international protection at the earliest possible time
Amendment 368 #
Proposal for a regulation Article 4 – paragraph 5 – point d (d) the applicant has applied for international protection at the earliest possible time
Amendment 369 #
Proposal for a regulation Article 4 – paragraph 5 – point e Amendment 370 #
Proposal for a regulation Article 5 – paragraph 1 1. A
Amendment 371 #
Proposal for a regulation Article 5 – paragraph 1 1. A well-founded fear of being persecuted or a real risk of suffering serious harm may only be based on events which have taken place
Amendment 372 #
Proposal for a regulation Article 5 – paragraph 2 Amendment 373 #
Proposal for a regulation Article 5 – paragraph 2 Amendment 374 #
Proposal for a regulation Article 5 – paragraph 2 a (new) 2 a. When examining an application for international protection the determining authority shall assess whether the applicant has deliberately behaved in a way that would determine his/her persecution in the country of origin, for the sole or main purpose of creating the necessary conditions for applying for international protection.
Amendment 375 #
Proposal for a regulation Article 5 – paragraph 3 Amendment 376 #
Proposal for a regulation Article 5 – paragraph 3 3.
Amendment 377 #
Proposal for a regulation Article 5 – paragraph 3 3.
Amendment 378 #
3. Without prejudice to the Geneva Convention and the European Convention on Human Rights, an applicant who files a
Amendment 379 #
Proposal for a regulation Article 5 – paragraph 3 3. Without prejudice to the Geneva Convention and the European Convention on Human Rights, an applicant who files a subsequent application
Amendment 380 #
Proposal for a regulation Article 6 – paragraph 1 – introductory part Actors of persecution or serious harm can
Amendment 381 #
Proposal for a regulation Article 6 – paragraph 1 – introductory part Actors of persecution or serious harm
Amendment 382 #
Proposal for a regulation Article 6 – paragraph 1 – point b (b) parties or terrorist organisations controlling the State or a substantial part of the territory of the State;
Amendment 383 #
Proposal for a regulation Article 6 – paragraph 1 – point c (c) non-State actors, excluding criminal or terrorist organisations in which the applicant is or has been voluntarily involved with, if it can be demonstrated that the actors referred to in points (a) and (b), including international organisations, are unable or unwilling to provide protection against persecution or serious harm as referred to in Article 7.
Amendment 384 #
Proposal for a regulation Article 7 – paragraph 1 – introductory part 1. Protection against persecution or serious harm can only be provided by
Amendment 385 #
Proposal for a regulation Article 7 – paragraph 1 – point b Amendment 386 #
Proposal for a regulation Article 7 – paragraph 1 – point b Amendment 387 #
Proposal for a regulation Article 7 – paragraph 1 – point b – paragraph 1 Amendment 388 #
Proposal for a regulation Article 7 – paragraph 1 – point b – paragraph 1 Amendment 389 #
Proposal for a regulation Article 7 – paragraph 1 – point b – paragraph 1 Amendment 390 #
Proposal for a regulation Article 7 – paragraph 1 – point b – paragraph 2 Amendment 391 #
Proposal for a regulation Article 7 – paragraph 1 – point b – paragraph 2 Amendment 392 #
Proposal for a regulation Article 7 – paragraph 1 – point b – paragraph 2 Amendment 393 #
Proposal for a regulation Article 7 – paragraph 1 – point b – paragraph 2 provided they are willing and able to
Amendment 394 #
Proposal for a regulation Article 7 – paragraph 2 2. Protection against persecution or serious harm shall be effective and of a non-temporary nature.
Amendment 395 #
Proposal for a regulation Article 7 – paragraph 2 2. Protection against persecution or serious harm shall be effective and of a non-temporary nature.
Amendment 396 #
Proposal for a regulation Article 7 – paragraph 2 2. Protection against persecution or serious harm shall be effective
Amendment 397 #
Proposal for a regulation Article 7 – paragraph 2 2. Protection against persecution or serious harm shall be effective and of a non-temporary nature. That protection shall be considered to be provided when the
Amendment 398 #
Proposal for a regulation Article 7 – paragraph 3 Amendment 399 #
Proposal for a regulation Article 7 – paragraph 3 3.
Amendment 400 #
Proposal for a regulation Article 7 – paragraph 3 3. When assessing whether an international organisation controls a State or a substantial part of its territory and provides protection as referred to in paragraph 2, determining authorities shall take into account and may base themselves on any guidance provided in relevant Union law, in particular available Union level country of origin information and the common analysis of country of origin information referred to in Articles 8 and 10 of Regulation (EU) No XXX/XX [ Regulation on the European Union Agency for Asylum ].
Amendment 401 #
Proposal for a regulation Article 7 – paragraph 3 3. When assessing whether an international organisation controls a State or a substantial part of its territory and provides protection as referred to in paragraph 2, determining authorities
Amendment 405 #
Proposal for a regulation Article 8 – paragraph 1 Amendment 406 #
Proposal for a regulation Article 8 – paragraph 1 – introductory part 1. As part of the assessment of the application for international protection, and provided that the State or agents of the State are not the actors of persecution or serious harm, the determining authority
Amendment 407 #
Proposal for a regulation Article 8 – paragraph 1 – point a Amendment 408 #
Proposal for a regulation Article 8 – paragraph 1 – point b Amendment 409 #
Proposal for a regulation Article 8 – paragraph 1 – point b (b) has access to full effective and durable protection against persecution or serious harm.
Amendment 410 #
Proposal for a regulation Article 8 – paragraph 2 Amendment 411 #
Proposal for a regulation Article 8 – paragraph 2 2. The assessment of the availability of internal protection shall be carried out once it has been established by the determining authority that the qualification criteria would otherwise apply.
Amendment 412 #
Proposal for a regulation Article 8 – paragraph 2 2. The assessment of the availability of internal protection shall be carried out
Amendment 413 #
Proposal for a regulation Article 8 – paragraph 2 2. The assessment of the availability of internal protection
Amendment 414 #
Proposal for a regulation Article 8 – paragraph 3 Amendment 415 #
Proposal for a regulation Article 8 – paragraph 3 3. In examining whether an applicant has a well-founded fear of being persecuted or is at real risk of suffering serious harm, or has access to protection against persecution or serious harm in a part of the country of origin in accordance with paragraph 1, determining authorities shall at the time of taking the decision on the application have regard to the general circumstances prevailing in that part of the country and to the personal circumstances of the applicant in accordance with Article 4. To that end, determining authorities shall ensure that precise and up-to-date information is obtained from all relevant sources, including available Union level country of origin information and the common analysis of country of origin information referred to in Articles 8 and 10 of Regulation (EU) No XXX/XX [Regulation on the European Union Agency for Asylum
Amendment 416 #
Proposal for a regulation Article 8 – paragraph 3 3. In examining whether an applicant
Amendment 417 #
Proposal for a regulation Article 8 – paragraph 4 Amendment 418 #
Proposal for a regulation Article 8 – paragraph 4 4. When considering the general circumstances prevailing in that part of the country which is the source of the protection as referred to in Article 7, the accessibility, effectiveness and durability of that protection shall be taken into account. When considering personal circumstances of the applicant, health, age, gender, sexual orientation, gender identity
Amendment 419 #
Proposal for a regulation Article 8 – paragraph 4 4. When considering the general circumstances prevailing in that part of the country which is the source of the protection as referred to in Article 7, the accessibility, effectiveness and durability of that protection shall be taken into account. When considering personal circumstances of the applicant, health, age, gender, sexual orientation, gender identity, ethnic origin, membership of a national minority, health and social status shall in particular be taken into account together with an assessment of whether living in the part of the country of origin regarded as safe would not impose undue hardship on the applicant.
Amendment 420 #
Proposal for a regulation Article 8 – paragraph 4 4. When considering the general circumstances prevailing in that part of the country which is the source of the protection as referred to in Article 7, the accessibility
Amendment 421 #
Proposal for a regulation Article 8 – paragraph 4 a (new) 4a. Any decision not to provide international protection to a minor, whether accompanied or not, based on the availability of internal protection, shall be preceded by a formal best interests determination procedure. Where the applicant is an unaccompanied minor, the availability of appropriate care, custodial arrangements and durable solutions for his or her development should be part of the assessment of whether the protection is effectively guaranteed within the individuated area.
Amendment 422 #
Proposal for a regulation Article 9 – paragraph 1 – point a (a) it is sufficiently serious by its nature or repetition as to constitute a severe violation of
Amendment 423 #
Proposal for a regulation Article 9 – paragraph 2 – point a (a) acts of physical or mental violence, including acts of sexual violence and/or trafficking for sexual exploitation;
Amendment 424 #
Amendment 425 #
Proposal for a regulation Article 9 – paragraph 2 – point c Amendment 426 #
Proposal for a regulation Article 9 – paragraph 2 – point d Amendment 427 #
Amendment 428 #
Proposal for a regulation Article 9 – paragraph 2 – point e a (new) (ea) discriminatory or disproportionate judicial prosecution or punishment leading to severe violations of fundamental human rights for refusal to perform military service for moral, religious, political reasons or due to belonging to a particular ethnicity or citizenship;
Amendment 429 #
Proposal for a regulation Article 9 – paragraph 2 – point f Amendment 430 #
Proposal for a regulation Article 9 – paragraph 2 – point f (f) acts of a gender-specific or child- specific nature, such as under-age recruitment, genital mutilation, forced marriage, child trafficking and child labour, domestic violence, trafficking for sexual exploitation, violations of economic, social and cultural rights.
Amendment 431 #
Proposal for a regulation Article 10 – paragraph 1 – introductory part 1. The following elements shall be taken into account when the determining authority assess
Amendment 432 #
(b) the concept of religion shall, in particular, include religious faith (as demonstrated by the persecution of Christians in Africa and the Middle East), the holding of theistic, non-theistic and atheistic beliefs,
Amendment 433 #
Proposal for a regulation Article 10 – paragraph 1 – point b (b) the concept of religion
Amendment 434 #
Amendment 435 #
Proposal for a regulation Article 10 – paragraph 1 – point d – introductory part (d) the concept of membership of a particular social group shall include, in particular, a group
Amendment 436 #
Proposal for a regulation Article 10 – paragraph 1 – point d – indent 1 – members share an innate characteristic, or a common background that cannot be changed, or share a characteristic or belief that is so fundamental to identity or conscience that a person should not be forced to renounce it,
Amendment 437 #
Proposal for a regulation Article 10 – paragraph 1 – point d – indent 1 – members share an innate characteristic, or a common background that cannot be changed, or share a characteristic or belief that is so fundamental to identity or conscience that a person should not be forced to renounce it,
Amendment 438 #
Proposal for a regulation Article 10 – paragraph 1 – point d – indent 1 – members share an innate characteristic, or a common background that cannot be changed, or share a characteristic or belief that is so fundamental to identity or conscience that a person should not be forced to renounce it,
Amendment 439 #
Proposal for a regulation Article 10 – paragraph 1 – point d – indent 1 – members share an innate characteristic, or a common background that cannot be changed, or share a characteristic or belief that is so fundamental to identity or conscience that a person should not be forced to renounce it,
Amendment 440 #
Proposal for a regulation Article 10 – paragraph 1 – point d – indent 2 – paragraph 1 that group has a demonstrable distinct identity in the relevant country, because it is perceived as
Amendment 441 #
Proposal for a regulation Article 10 – paragraph 1 – point d – indent 2 – paragraph 2 de
Amendment 442 #
Proposal for a regulation Article 10 – paragraph 1 – point d – indent 2 – paragraph 2 depending on the circumstances in the country of origin, the concept
Amendment 443 #
Proposal for a regulation Article 10 – paragraph 1 – point d – indent 2 – paragraph 2 depending on the circumstances in the country of origin, the concept
Amendment 444 #
Proposal for a regulation Article 10 – paragraph 1 – point d – indent 2 – paragraph 2 depending on the circumstances in the country of origin, the concept
Amendment 445 #
Proposal for a regulation Article 10 – paragraph 1 – point e (e) the concept of political opinion shall, in particular, include the holding of an opinion, thought or belief on a matter related to the potential actors of persecution mentioned in Article 6 and to their policies or methods
Amendment 446 #
Proposal for a regulation Article 10 – paragraph 2 2. When the determining authority assess
Amendment 447 #
Proposal for a regulation Article 10 – paragraph 2 2. When assessing if an applicant has a well-founded fear of being persecuted it is immaterial whether the applicant actually possesses the racial, religious, national, social or political characteristic which attracts the persecution, provided that such a characteristic is demonstrably attributed to the applicant by the actor of persecution.
Amendment 448 #
2. When assessing if an applicant has a well-founded fear of being persecuted it is immaterial whether the applicant actually possesses the racial, ethnic, religious, national, social or political characteristic which attracts the persecution, provided that such a characteristic is attributed to the applicant by the actor of persecution.
Amendment 449 #
Proposal for a regulation Article 10 – paragraph 3 Amendment 450 #
Proposal for a regulation Article 10 – paragraph 3 3. When assessing if an applicant has a well-founded fear of being persecuted, the determining authority cannot reasonably expect an applicant to behave discreetly or abstain from certain practices, where such behaviour or practices are inherent to his or her identity, to avoid the risk of persecution in his or her country of origin, provided such practices and behaviour is not contradicting Union law and norms.
Amendment 451 #
Proposal for a regulation Article 10 – paragraph 3 3. When assessing if an applicant has a well-founded fear of being persecuted, the determining authority cannot reasonably expect an applicant to behave discreetly or abstain from certain practices, where such behaviour or practices are inherent to his or her identity or conscience, to avoid the risk of persecution in his or her country of origin.
Amendment 452 #
Proposal for a regulation Article 10 – paragraph 3 3. When assessing if an applicant has a well-founded fear of being persecuted, the determining authority cannot reasonably expect an applicant to behave discreetly or abstain from certain practices, where such behaviour or practices are inherent to his or her identity or conscience, to avoid the risk of persecution in his or her country of origin.
Amendment 453 #
Proposal for a regulation Article 11 Amendment 454 #
Proposal for a regulation Article 11 – paragraph 1 – subparagraph 1 – point f a (new) (fa) he or she absconds outside the jurisdiction of their host Member State
Amendment 455 #
Proposal for a regulation Article 11 – paragraph 1 – subparagraph 2 Amendment 456 #
Proposal for a regulation Article 11 – paragraph 1 – subparagraph 2 Points (e) and (f) shall not apply to a refugee who is able to
Amendment 457 #
Proposal for a regulation Article 11 – paragraph 1 a (new) 1a. Member States may decide that continuous refusal to actively integrate on the part of third country national or stateless person qualified as refugee may, as a measure of last resort, lead to the cessation of the eligibility for international protection.
Amendment 458 #
Proposal for a regulation Article 11 – paragraph 2 – point a Amendment 459 #
Proposal for a regulation Article 11 – paragraph 2 – point b (b)
Amendment 460 #
Proposal for a regulation Article 11 – paragraph 2 – point b (b) shall
Amendment 461 #
Proposal for a regulation Article 12 – paragraph 1 – introductory part 1. A third-country national or a stateless person shall be excluded from
Amendment 462 #
Proposal for a regulation Article 12 – paragraph 1 – point a (a) he or she falls within the scope of Article 1(D) of the Geneva Convention, relating to protection or assistance from organs or agencies of the United Nations other than the United Nations High Commissioner for Refugees. When such protection or assistance has ceased for any
Amendment 463 #
Proposal for a regulation Article 12 – paragraph 1 – point b a (new) (ba) In the case of Palestinians who fall within the scope of article 12(1) they shall be included in the scope of this Regulation especially if: • following Article 1D of the Geneva Convention, they have not actually availed themselves of the assistance provided by UNRWA, • UNRWA as an agency is terminated or its activities discontinued or for any objective reason outside the control of the person concerned such that the person is unable to ( re- )avail himself or herself of the protection or assistance of UNRWA; • a person, after actually having availed himself of such protection or assistance, ceases to receive it for a reason beyond his control and independent of his volition.
Amendment 464 #
Proposal for a regulation Article 12 – paragraph 2 – introductory part 2. A third-country national or a stateless person
Amendment 465 #
Proposal for a regulation Article 12 – paragraph 2 – point a a (new) (aa) he or she has planned, facilitated or participated in the commission of terrorist offences.
Amendment 466 #
Proposal for a regulation Article 12 – paragraph 2 – point a b (new) (ab) he or she has participated in the activities of a terrorist group, including by supplying information or material resources, or by funding its activities in any way.
Amendment 467 #
Proposal for a regulation Article 12 – paragraph 2 – point b (b) he or she has committed a serious non-political crime
Amendment 468 #
Proposal for a regulation Article 12 – paragraph 2 – point c a (new) (ca) he or she absconds outside the jurisdiction of their host Member State
Amendment 469 #
Proposal for a regulation Article 12 – paragraph 3 Amendment 470 #
Proposal for a regulation Article 12 – paragraph 3 a (new) 3a. The exclusion clauses referred to in paragraph 2 shall not apply to minors.
Amendment 471 #
Proposal for a regulation Article 12 – paragraph 3 a (new) 3a. The exclusion clauses referred to in paragraph 2 shall not apply to minors.
Amendment 472 #
Proposal for a regulation Article 12 – paragraph 3 b (new) 3b. Member States may apply point (c) of paragraph 2 only after undertaking, for each individual case, an assessment of the specific facts brought to its attention with a view to determining whether there are serious reasons for considering that the acts committed by the person in question, who otherwise satisfies the qualifying conditions for refugee status, fall within the scope of that particular exclusion.
Amendment 473 #
Proposal for a regulation Article 12 – paragraph 3 b (new) 3b. All persons affected by the exclusion grounds referred to in paragraph 2 shall have access to an effective remedy against the decision.
Amendment 474 #
Proposal for a regulation Article 12 – paragraph 5 Amendment 475 #
Proposal for a regulation Article 12 – paragraph 5 Amendment 476 #
Proposal for a regulation Article 12 – paragraph 5 Amendment 477 #
Proposal for a regulation Article 12 – paragraph 5 – introductory part 5. For the purposes of point
Amendment 478 #
Amendment 479 #
Proposal for a regulation Article 12 – paragraph 5 – point a Amendment 480 #
Proposal for a regulation Article 12 – paragraph 5 – point a (a) partic
Amendment 481 #
Proposal for a regulation Article 12 – paragraph 5 – point b Amendment 482 #
Proposal for a regulation Article 12 – paragraph 5 – point b Amendment 483 #
Proposal for a regulation Article 12 – paragraph 5 – point b (b) terrorist acts, which are characterised by their violence towards civilian populations, even if committed with a purportedly political objective
Amendment 484 #
Proposal for a regulation Article 12 – paragraph 5 – point b (b) planning of, incitement or contribution to or execution of terrorist acts, which are characterised by their violence towards civilian populations, even if committed with a purportedly political or religious objective.
Amendment 485 #
Proposal for a regulation Article 12 – paragraph 5 – point b (b)
Amendment 486 #
Proposal for a regulation Article 12 – paragraph 5 – point b a (new) (ba) serious crimes against sexual self- determination, in accordance with national law of the Member State, such as rape or statutory rape.
Amendment 487 #
Proposal for a regulation Article 12 – paragraph 5 – point b a (new) (ba) membership of the leadership of a terrorist group.
Amendment 488 #
Proposal for a regulation Article 12 – paragraph 6 Amendment 489 #
Proposal for a regulation Article 12 – paragraph 6 Amendment 490 #
Proposal for a regulation Article 12 – paragraph 6 Amendment 491 #
Proposal for a regulation Article 14 – title Amendment 492 #
Proposal for a regulation Article 14 – paragraph 1 – introductory part 1. The determining authority
Amendment 493 #
Proposal for a regulation Article 14 – paragraph 1 – point c (c) his or her misrepresentation or omission of facts
Amendment 494 #
Proposal for a regulation Article 14 – paragraph 1 – point c (c)
Amendment 495 #
Proposal for a regulation Article 14 – paragraph 1 – point d Amendment 496 #
Proposal for a regulation Article 14 – paragraph 1 – point d Amendment 497 #
Proposal for a regulation Article 14 – paragraph 1 – point d (d) there are reasonable grounds for regarding him or her as a danger to the security of the Member State in which he or she is present, based on a final judgment convicting him or her for a particular serious crime ;
Amendment 498 #
Proposal for a regulation Article 14 – paragraph 1 – point d (d) there are reasonable grounds for regarding him or her as a danger to the public security and the individual safety of the citizens of the Member State in which he or she is present;
Amendment 499 #
Proposal for a regulation Article 14 – paragraph 1 – point e Amendment 500 #
Proposal for a regulation Article 14 – paragraph 1 – point e Amendment 501 #
Proposal for a regulation Article 14 – paragraph 1 – point e Amendment 502 #
Proposal for a regulation Article 14 – paragraph 1 – point e (e) he or she, having been convicted by a final judgment of a particularly serious crime with reference to offences listed in Article 2(2) of Framework Decision 2002/584/JHA, constitutes a danger to the community of the Member State in which he or she is present;
Amendment 503 #
Proposal for a regulation Article 14 – paragraph 1 – point f Amendment 504 #
Proposal for a regulation Article 14 – paragraph 1 – point f Amendment 505 #
Proposal for a regulation Article 14 – paragraph 1 – point f Amendment 506 #
Proposal for a regulation Article 14 – paragraph 1 – point f a (new) (fa) he or she absconds outside the jurisdiction of their host Member State
Amendment 507 #
Proposal for a regulation Article 14 – paragraph 2 Amendment 508 #
Proposal for a regulation Article 14 – paragraph 2 Amendment 509 #
Proposal for a regulation Article 14 – paragraph 2 2. In situations referred to in points (d) to (f) of paragraph 1, the determining authority
Amendment 510 #
Proposal for a regulation Article 14 – paragraph 2 2. In situations referred to in point
Amendment 511 #
Proposal for a regulation Article 14 – paragraph 3 Amendment 512 #
Proposal for a regulation Article 14 – paragraph 3 Amendment 513 #
Proposal for a regulation Article 14 – paragraph 3 3. Persons to whom point
Amendment 514 #
Proposal for a regulation Article 14 – paragraph 4 4.
Amendment 515 #
Proposal for a regulation Article 14 – paragraph 5 5. Decisions of the determining authority revoking, ending or refusing to renew refugee status pursuant to point (a) of paragraph 1 shall
Amendment 516 #
Proposal for a regulation Article 14 – paragraph 5 5. Decisions of the determining authority revoking, ending or refusing to renew refugee status pursuant to point (a) of paragraph 1 shall
Amendment 517 #
Proposal for a regulation Article 14 – paragraph 5 5. Decisions of the determining authority revoking, ending or refusing to renew refugee status pursuant to point (a) of paragraph 1 shall only take effect three months after the decision is adopted, in order to provide the third-country national or stateless person with the opportunity to apply for residence in the Member State on other, especially work-related, grounds, in accordance with relevant Union and national law.
Amendment 518 #
Proposal for a regulation Article 14 – paragraph 5 5. Decisions of the determining authority revoking, ending or refusing to renew refugee status pursuant to point (a) of paragraph 1 shall only take effect
Amendment 519 #
Proposal for a regulation Article 14 – paragraph 5 5. Decisions of the determining authority
Amendment 520 #
Proposal for a regulation Article 14 – paragraph 5 5. Decisions of the determining authority
Amendment 521 #
Proposal for a regulation Article 15 Amendment 522 #
Proposal for a regulation Article 15 – paragraph 1 – introductory part In order to apply Article 14(1),
Amendment 523 #
Proposal for a regulation Article 15 – paragraph 1 – introductory part In order to apply Article 14(1), the determining authority
Amendment 524 #
Proposal for a regulation Article 15 – paragraph 1 – introductory part Amendment 525 #
Proposal for a regulation Article 15 – paragraph 1 – introductory part In order to apply Article 14(1), the determining authority shall review the
Amendment 526 #
Proposal for a regulation Article 15 – paragraph 1 – introductory part In order to apply Article 14(1), the determining authority shall review the refugee status in particular where: :
Amendment 527 #
Proposal for a regulation Article 15 – paragraph 1 – introductory part In order to apply Article 14(1), the determining authority
Amendment 528 #
Proposal for a regulation Article 15 – paragraph 1 – point a Amendment 529 #
Proposal for a regulation Article 15 – paragraph 1 – point a Amendment 530 #
Proposal for a regulation Article 15 – paragraph 1 – point a (a) where Union level country of origin information and common analysis of country of origin information as referred in
Amendment 531 #
Proposal for a regulation Article 15 – paragraph 1 – point a (a) where Union
Amendment 532 #
Proposal for a regulation Article 15 – paragraph 1 – point a (a)
Amendment 533 #
Proposal for a regulation Article 15 – paragraph 1 – point b Amendment 534 #
Proposal for a regulation Article 15 – paragraph 1 – point b Amendment 535 #
Proposal for a regulation Article 15 – paragraph 1 – point b Amendment 536 #
Proposal for a regulation Article 15 – paragraph 1 – point b Amendment 537 #
Proposal for a regulation Article 15 – paragraph 1 – point b (b) when renewing, for the first and second time, the residence permit issued to a refugee.
Amendment 538 #
Proposal for a regulation Article 15 – paragraph 1 – point b a (new) (ba) This article shall not apply to unaccompanied minors, unless it is in their best interests and that it is determined that he or she will not be exposed to serious harm upon return to the third country of origin.
Amendment 539 #
Proposal for a regulation Article 16 – paragraph 1 – introductory part Serious harm as referred to in Article 2 (5), consists solely of:
Amendment 540 #
Proposal for a regulation Article 16 – paragraph 1 – point a (a) the death penalty or execution in the country of origin; or
Amendment 541 #
Proposal for a regulation Article 16 – paragraph 1 – point b (b) torture
Amendment 542 #
Proposal for a regulation Article 16 – paragraph 1 – point b (b)
Amendment 543 #
Proposal for a regulation Article 16 – paragraph 1 – point b (b) torture or inhuman
Amendment 544 #
Proposal for a regulation Article 16 – paragraph 1 – point c Amendment 545 #
Proposal for a regulation Article 16 – paragraph 1 – point c (c) a serious
Amendment 546 #
Proposal for a regulation Article 16 – paragraph 1 – point c (c) a serious and individual threat to a civilian’s life or person by reason of
Amendment 547 #
Proposal for a regulation Article 16 – paragraph 1 – point c (c) a serious
Amendment 548 #
Proposal for a regulation Article 16 – paragraph 1 – point c (c) a serious
Amendment 549 #
Proposal for a regulation Article 16 – paragraph 1 – point c a (new) (ca) a serious threat to a civilian’s life or person due to a natural or man-made disaster. Natural or man-made disasters shall include: effects of climate change, land grabbing, water grabbing, desertification of the habitat, forced villagization as well as environmental disasters and pollution caused by war.
Amendment 550 #
Proposal for a regulation Article 16 – paragraph 1 – point c a (new) (ca) a serious and individual threat to a civilian’s life or person by reason of a natural or man-made disaster.
Amendment 551 #
Amendment 552 #
Proposal for a regulation Article 17 – paragraph 1 1.
Amendment 553 #
Proposal for a regulation Article 17 – paragraph 1 a (new) 1a. Member States may decide that continuous refusal to actively integrate on the part of third country national or stateless person qualified for subsidiary protection may, as a measure of last resort, lead to the cessation of the eligibility for international protection.
Amendment 554 #
Proposal for a regulation Article 17 – paragraph 2 – point a (a) shall have regard whether the change in circumstances is of such a significant
Amendment 555 #
Proposal for a regulation Article 17 – paragraph 2 – point b (b) shall base itself on precise and up- to-date information obtained from all relevant sources, including Union level country of origin information and the common analysis on country of origin information as referred in Articles 8 and 10 of the Regulation (EU) No XXX/XX [Regulation on the European Union Agency for Asylum]
Amendment 556 #
Proposal for a regulation Article 17 – paragraph 2 – point b (b) shall
Amendment 557 #
Proposal for a regulation Article 17 – paragraph 3 Amendment 558 #
Proposal for a regulation Article 17 – paragraph 3 Amendment 559 #
Proposal for a regulation Article 17 – paragraph 3 3. Paragraph 1 shall not apply to a beneficiary of subsidiary protection status who is able to
Amendment 560 #
Proposal for a regulation Article 18 – paragraph 1 – introductory part 1.
Amendment 561 #
Proposal for a regulation Article 18 – paragraph 1 – introductory part 1. A third-country national or a stateless person shall be excluded from being eligible for subsidiary protection when he or she is recognised by the competent authorities of the country in which he or she has taken up residence as having the rights and obligations which are attached to the possession of the nationality of that country, or rights and obligations equivalent to those, or where there are serious reasons for considering that:
Amendment 562 #
Proposal for a regulation Article 18 – paragraph 1 – point b (b) he or she has committed a serious crime such as planning of, incitement or contribution to or execution of terrorist act, even if committed with a purportedly political or religious objective or a serious crime against sexual self-determination such as rape or statutory rape;
Amendment 563 #
Proposal for a regulation Article 18 – paragraph 1 – point b (b) he or she has committed a serious
Amendment 564 #
Proposal for a regulation Article 18 – paragraph 1 – point d Amendment 565 #
Proposal for a regulation Article 18 – paragraph 1 – point e Amendment 566 #
Proposal for a regulation Article 18 – paragraph 1 – point e a (new) (ea) he or she has planned, facilitated or participated in the commission of terrorist offences.
Amendment 567 #
Proposal for a regulation Article 18 – paragraph 1 – point e a (new) (ea) he or she absconds outside the jurisdiction of their host Member State
Amendment 568 #
Proposal for a regulation Article 18 – paragraph 1 – point e b (new) (eb) he or she has participated in the activities of a terrorist group, including by supplying information or material resources, or by funding its activities in any way.
Amendment 569 #
Proposal for a regulation Article 18 – paragraph 2 Amendment 570 #
Proposal for a regulation Article 18 – paragraph 2 2. Points (a) to (d) of paragraph 1
Amendment 571 #
Proposal for a regulation Article 18 – paragraph 2 a (new) 2a. When the applicant is a minor, the exclusion clauses referred to in paragraph 1 shall apply only it the minors had reached the national age limit for criminal responsibility under national law, and in any case, applicant minors shall receive the same procedural safeguards as the national minors. The assessment of the exclusion grounds shall take into account the rules and principles that address the special status, rights and protection afforded to children under international and national law at all stages of the asylum procedure; it shall also weight the gravity of the offence against the risk of serious harm to which he or she would be exposed upon return to the third country of origin.
Amendment 572 #
Proposal for a regulation Article 18 – paragraph 2 a (new) 2a. The exclusion of a person from subsidiary protection status shall depend exclusively on whether the conditions set out in paragraphs 1 and 2 are met and shall not be subject to any additional proportionality assessment in relation to the particular case.
Amendment 573 #
Proposal for a regulation Article 18 – paragraph 2 a (new) 2a. The exclusion clauses of paragraph 1 shall not apply to minors.
Amendment 574 #
Proposal for a regulation Article 18 – paragraph 2 b (new) 2b. All persons affected by the exclusion grounds referred to in paragraph 1 shall have access to an effective remedy against the decision.
Amendment 575 #
Proposal for a regulation Article 19 Amendment 576 #
Proposal for a regulation Article 19 – paragraph 1 Amendment 577 #
Proposal for a regulation Article 20 – title Amendment 578 #
Proposal for a regulation Article 20 – paragraph 1 – introductory part 1. The determining authority
Amendment 579 #
Proposal for a regulation Article 20 – paragraph 1 – introductory part 1. The determining authority
Amendment 580 #
Proposal for a regulation Article 20 – paragraph 1 – point c Amendment 581 #
Proposal for a regulation Article 20 – paragraph 1 – point c (c) his or her misrepresentation or omission of facts
Amendment 582 #
Proposal for a regulation Article 20 – paragraph 1 – point d Amendment 583 #
Proposal for a regulation Article 20 – paragraph 1 – point d Amendment 584 #
Proposal for a regulation Article 20 – paragraph 1 – point d Amendment 585 #
Proposal for a regulation Article 20 – paragraph 2 2.
Amendment 586 #
Proposal for a regulation Article 20 – paragraph 3 3. Decisions of the determining authority revoking, ending or refusing to renew subsidiary protection status pursuant to paragraph 1 (a) shall
Amendment 587 #
Proposal for a regulation Article 20 – paragraph 3 3. Decisions of the determining authority revoking, ending or refusing to renew subsidiary protection status pursuant to paragraph 1 (a) shall
Amendment 588 #
Proposal for a regulation Article 20 – paragraph 3 3. Decisions of the determining authority revoking, ending or refusing to renew subsidiary protection status pursuant to paragraph 1 (a) shall only take effect
Amendment 589 #
Proposal for a regulation Article 20 – paragraph 3 3. Decisions of the determining authority revoking, ending or refusing to renew subsidiary protection status pursuant to paragraph 1 (a) shall only take effect
Amendment 590 #
Proposal for a regulation Article 20 – paragraph 3 3. Decisions of the determining authority
Amendment 591 #
Proposal for a regulation Article 20 – paragraph 3 3. Decisions of the determining authority
Amendment 592 #
Proposal for a regulation Article 21 Amendment 593 #
Proposal for a regulation Article 21 – paragraph 1 In order to apply Article 20(1),
Amendment 594 #
Proposal for a regulation Article 21 – paragraph 1 In order to apply Article 20(1), the determining authority
Amendment 595 #
Amendment 596 #
Proposal for a regulation Article 21 – paragraph 1 In order to apply Article 20(1), the determining authority shall review the subsidiary protection status in particular where:
Amendment 597 #
Proposal for a regulation Article 21 – paragraph 1 In order to apply Article 20(1), the
Amendment 598 #
Proposal for a regulation Article 21 – paragraph a Amendment 599 #
Proposal for a regulation Article 21 – paragraph a Amendment 600 #
Proposal for a regulation Article 21 – paragraph a (a) where Union
Amendment 601 #
Proposal for a regulation Article 21 – paragraph a (a)
Amendment 602 #
Proposal for a regulation Article 21 – paragraph b Amendment 603 #
Proposal for a regulation Article 21 – paragraph b Amendment 604 #
Proposal for a regulation Article 21 – paragraph b Amendment 605 #
Proposal for a regulation Article 21 – paragraph b (b) when renewing, for the first
Amendment 606 #
Proposal for a regulation Article 22 – paragraph 1 1. Refugees
Amendment 607 #
Proposal for a regulation Article 22 – paragraph 1 1.
Amendment 608 #
Proposal for a regulation Article 22 – paragraph 3 Amendment 609 #
Proposal for a regulation Article 22 – paragraph 3 Amendment 610 #
Proposal for a regulation Article 22 – paragraph 4 4. When applying the provisions of this Chapter, the specific situation of persons with special needs
Amendment 611 #
Proposal for a regulation Article 22 – paragraph 4 4. When applying the provisions of this Chapter, the specific situation of persons with special needs such as minors, unaccompanied minors, disabled people, elderly people, pregnant women, single parents with minor children, victims of human trafficking, persons with mental disorders and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence shall be taken into account
Amendment 612 #
Proposal for a regulation Article 22 – paragraph 4 4. When applying the provisions of this Chapter, the specific situation of persons with special needs such as minors, unaccompanied minors, disabled people, elderly people, pregnant women, single parents with
Amendment 613 #
Proposal for a regulation Article 22 – paragraph 5 5. When applying the provisions of this
Amendment 614 #
Proposal for a regulation Article 22 – paragraph 5 5. When applying th
Amendment 615 #
Proposal for a regulation Article 22 – paragraph 5 5. When applying the provisions of this Chapter that involve minors the best interests of the child shall be
Amendment 616 #
Proposal for a regulation Article 22 – paragraph 5 5. When applying th
Amendment 617 #
Proposal for a regulation Article 23 – paragraph 2 Amendment 618 #
Proposal for a regulation Article 23 – paragraph 2 – subparagraph 1 Amendment 619 #
Proposal for a regulation Article 23 – paragraph 2 – subparagraph 1 Amendment 620 #
Proposal for a regulation Article 23 – paragraph 2 – subparagraph 1 – point a Amendment 621 #
Proposal for a regulation Article 23 – paragraph 2 – subparagraph 1 – point a (a) there are reasonable grounds for considering him or her as a danger to the public security or a danger to the individual safety of a citizen of the Member State in which he or she is present;
Amendment 622 #
Proposal for a regulation Article 23 – paragraph 2 – subparagraph 1 – point b Amendment 623 #
Proposal for a regulation Article 23 – paragraph 2 – subparagraph 1 – point b (b) he or she, having been convicted by a final judgment of a
Amendment 624 #
Proposal for a regulation Article 23 – paragraph 2 – subparagraph 1 – point b a (new) (ba) he or she absconds outside the jurisdiction of their host Member State
Amendment 625 #
Proposal for a regulation Article 23 – paragraph 2 – subparagraph 2 Amendment 626 #
Proposal for a regulation Article 24 – paragraph 1 The competent authorities shall provide beneficiaries of international protection with information on the rights and obligations relating to refugee status or subsidiary protection status, as soon as possible after that has been granted. That information shall be provided in a language that the beneficiary can understand
Amendment 627 #
Proposal for a regulation Article 24 – paragraph 1 The competent authorities shall provide beneficiaries of international protection with information on the rights and obligations relating to refugee status or subsidiary protection status, as soon as possible after that has been granted. That information shall be provided in a language that the beneficiary can understand or is reasonably supposed to understand and shall make explicit references to the consequences of not complying with the obligations outlined in Article 28 on movement within the Union and to all the rights related to integration set out in Section III of this Regulation.
Amendment 628 #
Proposal for a regulation Article 24 – paragraph 1 The competent authorities shall provide beneficiaries of international protection with information on the rights and obligations relating to refugee status or subsidiary protection status, as soon as possible after that has been granted. That information shall be provided in a language that the beneficiary can understand
Amendment 629 #
Proposal for a regulation Article 24 – paragraph 1 The competent authorities shall provide beneficiaries of international protection with information on the rights and obligations relating to refugee status or subsidiary protection status, as soon as possible after that has been granted. That information shall be provided in a language that the beneficiary can understand
Amendment 630 #
Proposal for a regulation Article 24 – paragraph 1 The competent authorities shall provide beneficiaries of international protection with information on the rights and obligations relating to refugee status
Amendment 631 #
Proposal for a regulation Article 24 – paragraph 2 The
Amendment 632 #
Proposal for a regulation Article 24 – paragraph 2 The form and content of that information shall be determined by the Commission by means of
Amendment 633 #
Proposal for a regulation Article 25 – paragraph 1 1. Family members as referred to in the Article 2(9) of a beneficiary of international protection who do not individually qualify for such protection shall be entitled to
Amendment 634 #
Proposal for a regulation Article 25 – paragraph 2 Amendment 635 #
Proposal for a regulation Article 25 – paragraph 2 2. A residence permit issued pursuant to paragraph 1 shall have the duration of the residence permit issued to the beneficiary of international protection and shall be renewable. The period of validity of the residence permit granted to the family member shall
Amendment 636 #
Proposal for a regulation Article 25 – paragraph 2 2. A residence permit issued pursuant to paragraph 1 shall have the duration of the residence permit issued to the
Amendment 637 #
Proposal for a regulation Article 25 – paragraph 3 Amendment 638 #
Proposal for a regulation Article 25 – paragraph 3 a (new) 3a. No residence permit shall be issued for a spouse of a beneficiary of international protection where the competent authority assesses that there are sufficient evidences to consider that his/her relationship with the refugee or the beneficiary of subsidiary protection is the result of a forced marriage or an arranged marriage.
Amendment 639 #
Proposal for a regulation Article 25 – paragraph 4 Amendment 640 #
Proposal for a regulation Article 25 – paragraph 4 4. Where reasons of national security or public order so require, a residence permit shall not be issued for a family member and such residence permits which have already been issued shall be withdrawn
Amendment 641 #
Proposal for a regulation Article 25 – paragraph 4 4. Where reasons of national security
Amendment 642 #
Proposal for a regulation Article 25 – paragraph 5 Amendment 643 #
Proposal for a regulation Article 25 – paragraph 6 Amendment 644 #
Proposal for a regulation Article 25 – paragraph 6 6. Member States may decide that this
Amendment 645 #
Proposal for a regulation Article 25 – paragraph 6 6.
Amendment 646 #
Proposal for a regulation Article 25 – paragraph 6 6. Member States
Amendment 647 #
Proposal for a regulation Article 26 – paragraph 1 – introductory part 1. No later than 30 days after international protection has been granted, a residence permit shall be issued using the uniform format as laid down in Regulation (EC) No 1030/2002. A residence permit shall be of a duration of at least 5 years. Member States shall have the possibility to set longer duration for residence permits in national law. Temporary permits shall be renewable.
Amendment 648 #
Proposal for a regulation Article 26 – paragraph 1 – introductory part 1.
Amendment 649 #
Proposal for a regulation Article 26 – paragraph 1 – introductory part 1.
Amendment 650 #
Proposal for a regulation Article 26 – paragraph 1 – introductory part 1.
Amendment 651 #
Proposal for a regulation Article 26 – paragraph 1 – introductory part 1.
Amendment 652 #
Proposal for a regulation Article 26 – paragraph 1 – point a Amendment 653 #
Proposal for a regulation Article 26 – paragraph 1 – point a (a) For beneficiaries of refugee status, the residence permit shall have a period of validity of
Amendment 654 #
Proposal for a regulation Article 26 – paragraph 1 – point a (a)
Amendment 655 #
Proposal for a regulation Article 26 – paragraph 1 – point a (a) For beneficiaries of refugee status, the residence permit shall have a period of validity of
Amendment 656 #
Proposal for a regulation Article 26 – paragraph 1 – point a (a) For beneficiaries of
Amendment 657 #
Proposal for a regulation Article 26 – paragraph 1 – point a (a) For beneficiaries of refugee status, the residence permit shall have a period of validity of
Amendment 658 #
Proposal for a regulation Article 26 – paragraph 1 – point a (a) For beneficiaries of refugee status and for beneficiaries of subsidiary protection status, the residence permit shall have a period of validity of
Amendment 659 #
Proposal for a regulation Article 26 – paragraph 1 – point a (a) For beneficiaries of refugee status, the residence permit shall have a period of validity of
Amendment 660 #
Proposal for a regulation Article 26 – paragraph 1 – point a a (new) (aa) Member States may issue residence permits of permanent or unlimited validity on terms that are more favourable than those laid down by this Regulation, following Article 13 of Council Directive 2003/109/EC.
Amendment 661 #
Proposal for a regulation Article 26 – paragraph 1 – point b Amendment 662 #
Proposal for a regulation Article 26 – paragraph 1 – point b Amendment 663 #
Proposal for a regulation Article 26 – paragraph 1 – point b Amendment 664 #
Proposal for a regulation Article 26 – paragraph 1 – point b Amendment 665 #
Proposal for a regulation Article 26 – paragraph 1 – point b (b) For beneficiaries of subsidiary protection status, the residence permit shall have a period of validity of
Amendment 666 #
Proposal for a regulation Article 26 – paragraph 1 – point b (b) For beneficiaries of subsidiary protection status, the residence permit shall have a period of validity of
Amendment 667 #
(b) For beneficiaries of subsidiary protection status, the residence permit shall have a period of validity of one or five years and be renewable thereafter for periods of
Amendment 668 #
Proposal for a regulation Article 26 – paragraph 1 – point b (b) For beneficiaries of subsidiary protection status, the residence permit shall have a period of validity of one year and be renewable thereafter for periods of
Amendment 669 #
Proposal for a regulation Article 26 – paragraph 2 – point a Amendment 670 #
Proposal for a regulation Article 26 – paragraph 2 – point b Amendment 671 #
Proposal for a regulation Article 26 – paragraph 2 – point b Amendment 672 #
Proposal for a regulation Article 26 – paragraph 2 – point b Amendment 673 #
Proposal for a regulation Article 26 – paragraph 2 – point c (c) where imperative reasons of national security or public order so require.
Amendment 674 #
Proposal for a regulation Article 26 – paragraph 2 – point c (c) where compelling reasons of national security
Amendment 675 #
Proposal for a regulation Article 26 – paragraph 2 – point c a (new) (ca) where the residence permit holder absconds outside the jurisdiction of their host Member State
Amendment 676 #
Proposal for a regulation Article 26 – paragraph 2 a (new) 2a. Even without his or her residence permit, the person concerned remains a beneficiary of international protection and as such remains entitled to the benefits guaranteed by Chapter VII [Content of International Protection ] to every international protection beneficiary, including protection from refoulement, maintenance of family unity, the right to travel documents, access to employment, education, social welfare, healthcare and accommodation, freedom of movement within the Member State and access to integration facilities
Amendment 677 #
Proposal for a regulation Article 26 – paragraph 3 Amendment 678 #
Proposal for a regulation Article 26 – paragraph 3 Amendment 679 #
Proposal for a regulation Article 26 – paragraph 3 3. When applying Article 14(5) and 20(3), the residence permit shall only be revoked after the expiry of the
Amendment 680 #
Proposal for a regulation Article 26 – paragraph 3 3. When applying Article 14(5) and 20(3), the residence permit shall only be revoked after the expiry of the
Amendment 681 #
Proposal for a regulation Article 26 – paragraph 3 3. When applying Article 14(5) and 20(3), the residence permit shall only be revoked after the expiry
Amendment 682 #
Proposal for a regulation Article 27 – paragraph 1 1. Competent authorities shall issue travel documents to beneficiaries of refugee status, in the form set out in the Schedule to the Geneva Convention and with the minimum security features and biometrics outlined in Council Regulation
Amendment 683 #
Proposal for a regulation Article 27 – paragraph 1 1. Competent authorities shall issue travel documents to beneficiaries of refugee status, in the form set out in the Schedule to the Geneva Convention and with the minimum security features and biometrics outlined in Council Regulation (EC) No 2252/200445 . Those travel documents shall be valid for at least
Amendment 684 #
Proposal for a regulation Article 27 – paragraph 1 1. Competent authorities shall issue travel documents to beneficiaries of refugee status, in the form set out in the Schedule to the Geneva Convention and with the minimum security features and biometrics outlined in Council Regulation (EC) No 2252/200445 . Those travel documents shall be valid for at least
Amendment 685 #
Proposal for a regulation Article 27 – paragraph 1 1. Competent authorities shall issue travel documents to beneficiaries of refugee status, in the form set out in the Schedule to the Geneva Convention and with the minimum security features and biometrics outlined in Council Regulation (EC) No 2252/200445. Those travel
Amendment 686 #
Proposal for a regulation Article 27 – paragraph 2 2. Competent authorities shall issue travel documents with the minimum security features and biometrics outlined in Regulation (EC) No 2252/2004 to beneficiaries of subsidiary protection status who are unable to obtain a national passport. Those documents shall be valid for at least
Amendment 687 #
2. Competent authorities shall issue travel documents with the minimum security features and biometrics outlined in Regulation (EC) No 2252/2004 to beneficiaries of subsidiary protection status who are unable to obtain a national passport. Those documents shall be valid for at least
Amendment 688 #
Proposal for a regulation Article 27 – paragraph 2 2. Competent authorities shall issue travel documents with the minimum security features and biometrics outlined in Regulation (EC) No 2252/2004 to beneficiaries of subsidiary protection status who are unable to obtain a national passport. Those documents shall be valid for at least
Amendment 689 #
Proposal for a regulation Article 27 – paragraph 3 Amendment 690 #
Proposal for a regulation Article 27 – paragraph 3 3. The documents referred to in paragraphs 1 and 2 shall not be issued where compelling reasons of national security
Amendment 691 #
Proposal for a regulation Article 27 – paragraph 3 a (new) 3a. Directive 2003/86/EC shall apply to the family members of persons with subsidiary protection, on the same basis as that Directive applies to the family members of refugees
Amendment 692 #
Proposal for a regulation Article 28 – paragraph 1 1. Beneficiaries of international protection shall enjoy freedom of movement within the territory of the Member State that granted international protection, including the right to choose their place of residence in that territory, under the same conditions and restrictions as those provided for other third-country nationals legally resident in their territories
Amendment 693 #
Proposal for a regulation Article 28 – paragraph 2 Amendment 694 #
Proposal for a regulation Article 28 – paragraph 2 Amendment 695 #
Proposal for a regulation Article 28 – paragraph 2 2. Within the limits set by international obligations, residence conditions may be imposed on a beneficiary of international protection who receives certain specific social security or social assistance benefits
Amendment 696 #
Proposal for a regulation Article 29 – paragraph 1 Amendment 697 #
Proposal for a regulation Article 29 – paragraph 1 1. Beneficiaries of international protection shall not have the right to reside in Member States other than the one which granted protection.
Amendment 698 #
Proposal for a regulation Article 29 – paragraph 1 1. Beneficiaries of international protection shall not have the right to reside in Member States other than the one which granted protection. This is without prejudice to their right to apply and be
Amendment 699 #
Proposal for a regulation Article 29 – paragraph 2 Amendment 700 #
Proposal for a regulation Article 29 – paragraph 2 Amendment 701 #
Proposal for a regulation Article 29 – paragraph 2 2. Where a beneficiary is found in a Member State other the one that him or her granted protection without a right stay or the right to reside there in accordance with relevant Union or national law, he will be subject to a take back procedure as defined under Article 20(1)(e) of the Dublin Regulation (EU) no. xxx/xxx
Amendment 702 #
Proposal for a regulation Article 29 – paragraph 2 a (new) Amendment 703 #
Proposal for a regulation Chapter 7 – section 3 – title Rights and obligations related to integration
Amendment 704 #
Proposal for a regulation Article 30 – paragraph 1 1. Beneficiaries of international protection shall have the right
Amendment 705 #
Proposal for a regulation Article 30 – paragraph 2 – introductory part 2. Beneficiaries of international protection shall enjoy equal treatment with
Amendment 706 #
Proposal for a regulation Article 30 – paragraph 2 – point d (d) advice services afforded by employment offices in the customary languages of such services in the Member State concerned.
Amendment 707 #
Proposal for a regulation Article 30 – paragraph 3 3. Competent authorities
Amendment 708 #
Proposal for a regulation Article 30 – paragraph 3 3. Competent authorities,
Amendment 709 #
Proposal for a regulation Article 31 – paragraph 1 1. Minors granted international protection shall have full access to the education system, under the same conditions as
Amendment 710 #
Proposal for a regulation Article 31 – paragraph 2 2. Adults granted international protection shall have access to the general education system, further training or retraining, under the same conditions as
Amendment 711 #
Proposal for a regulation Article 31 – paragraph 2 2. Adults granted international protection shall have access to the general education system, further training or retraining, under the same conditions as third-country nationals legally resident in that Member State
Amendment 712 #
Proposal for a regulation Article 32 – paragraph 1 1. Beneficiaries of international protection shall enjoy equal treatment with
Amendment 713 #
Proposal for a regulation Article 32 – paragraph 2 Amendment 714 #
Proposal for a regulation Article 32 – paragraph 3 3. Beneficiaries of international protection shall enjoy equal treatment with
Amendment 715 #
Proposal for a regulation Article 33 Amendment 716 #
Proposal for a regulation Article 33 Amendment 717 #
Proposal for a regulation Article 33 – paragraph 1 Beneficiaries of international protection shall enjoy equal treatment with
Amendment 718 #
Proposal for a regulation Article 34 Amendment 719 #
Proposal for a regulation Article 34 – paragraph 1 – subparagraph 1 Beneficiaries of international protection shall enjoy equal treatment with
Amendment 720 #
Proposal for a regulation Article 34 – paragraph 1 – subparagraph 2 Amendment 721 #
Proposal for a regulation Article 34 – paragraph 1 – subparagraph 2 Amendment 722 #
Proposal for a regulation Article 34 – paragraph 1 – subparagraph 2 Access to
Amendment 723 #
Proposal for a regulation Article 34 – paragraph 2 Amendment 724 #
Proposal for a regulation Article 34 – paragraph 2 Amendment 725 #
Proposal for a regulation Article 34 – paragraph 2 Amendment 726 #
Proposal for a regulation Article 34 – paragraph 2 Amendment 727 #
Proposal for a regulation Article 34 – paragraph 2 Amendment 728 #
Proposal for a regulation Article 34 – paragraph 2 2. For beneficiaries of subsidiary protection status Member States may limit social assistance
Amendment 730 #
Proposal for a regulation Article 35 – paragraph 1 1. Beneficiaries of international protection shall have access to healthcare under the same eligibility conditions as
Amendment 731 #
Proposal for a regulation Article 35 – paragraph 1 1. Beneficiaries of international protection shall have access to basic healthcare under the same eligibility conditions as nationals of the Member State that has granted such protection.
Amendment 732 #
Proposal for a regulation Article 35 – paragraph 2 2. Beneficiaries of international protection who have special needs, such as pregnant women, disabled people, persons who have undergone torture, rape or other serious forms of psychological, physical or sexual violence or minors who have been victims of any form of abuse, neglect, exploitation, torture, cruel, inhuman and degrading treatment or who have suffered from armed conflict shall be provided adequate healthcare, including treatment of mental disorders when needed, under the same eligibility conditions as nationals of the Member State that has granted
Amendment 733 #
Proposal for a regulation Article 35 – paragraph 2 2. Beneficiaries of international protection who have special needs
Amendment 734 #
Proposal for a regulation Article 35 – paragraph 2 a (new) 2a. Access to healthcare under the same eligibility conditions as nationals of the Member State shall be provided also for international protection seekers in case their application for international protection is refused. In case there is a risk that that person’s health will deteriorate if returned to his or her country of origin or that the person will risk death because of being deprived of healthcare, Member State shall not return that person and offer him or her assistance and healthcare according to the right to life and the prohibition of torture and inhuman or degrading treatment or punishment stated by articles 2 and 3 of Charter of fundamental rights of the European Union.
Amendment 736 #
Proposal for a regulation Article 36 – paragraph 1 – subparagraph 1 As soon as possible a
Amendment 737 #
Proposal for a regulation Article 36 – paragraph 1 – subparagraph 1 As soon as possible after international protection is granted
Amendment 738 #
Proposal for a regulation Article 36 – paragraph 1 – subparagraph 1 As soon as possible after international protection is granted and
Amendment 739 #
Proposal for a regulation Article 36 – paragraph 1 – subparagraph 1 As soon as possible after international
Amendment 740 #
Proposal for a regulation Article 36 – paragraph 1 – subparagraph 1 Amendment 741 #
Proposal for a regulation Article 36 – paragraph 1 – subparagraph 1 As soon as possible after international protection is granted and within five
Amendment 742 #
Proposal for a regulation Article 36 – paragraph 1 – subparagraph 1 a (new) Member States shall ensure that a guardian is placed in charge of a limited number of not more than 20 unaccompanied minors at the same time to 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 report complaints against their guardians in confidence and safety.
Amendment 743 #
Proposal for a regulation Article 36 – paragraph 1 – subparagraph 2 Where an organisation is appointed as guardian, it shall as soon as possible designate a person responsible for carrying out the duties of guardian in respect of the unaccompanied minor, in accordance with this
Amendment 744 #
Proposal for a regulation Article 36 – paragraph 2 2. The appointed guardian shall have the duty of ensuring that the minor can access all rights stemming from this Regulation. The
Amendment 745 #
Proposal for a regulation Article 36 – paragraph 3 – subparagraph 1 – point c (c) in open centres specialised in accommodation for minors, which take account of their vulnerability and ensures their safety;
Amendment 746 #
Proposal for a regulation Article 36 – paragraph 3 – subparagraph 1 – point d (d) in other open accommodation suitable for minors which take account of their vulnerability and ensures their safety.
Amendment 747 #
Proposal for a regulation Article 36 – paragraph 5 Amendment 748 #
Proposal for a regulation Article 36 – paragraph 5 5.
Amendment 749 #
Proposal for a regulation Article 36 – paragraph 6 6. The persons and organisations working with unaccompanied minors shall receive continuous appropriate training
Amendment 750 #
Proposal for a regulation Article 36 – paragraph 6 6. The persons and organisations working with unaccompanied minors shall receive
Amendment 751 #
Proposal for a regulation Article 37 – paragraph 1 1. Beneficiaries of international protection shall have access to accommodation
Amendment 752 #
Proposal for a regulation Article 37 – paragraph 1 1. Beneficiaries of international protection shall have access to accommodation under the conditions
Amendment 753 #
Proposal for a regulation Article 37 – paragraph 1 1. Beneficiaries of international protection shall have access to accommodation under conditions equivalent to those applicable to
Amendment 754 #
Proposal for a regulation Article 37 – paragraph 1 1. Beneficiaries of international protection shall have access to accommodation under conditions equivalent to those applicable to other third-country nationals legally resident in the territories of the Member States
Amendment 755 #
Proposal for a regulation Article 37 – paragraph 2 2. National dispersal practices of beneficiaries of international protection shall be carried out to
Amendment 756 #
Proposal for a regulation Article 37 – paragraph 2 2. National dispersal practices of beneficiaries of international protection shall be carried out
Amendment 757 #
Proposal for a regulation Article 38 – paragraph 1 1. In order to facilitate the integration of beneficiaries of international protection into society, beneficiaries of international protection shall have access to integration measures provided by the Member States, in particular
Amendment 758 #
Proposal for a regulation Article 38 – paragraph 1 1. In order to promote and facilitate the integration of beneficiaries of international protection into society, beneficiaries of international protection shall have free and effective access to integration measures provided by the Member States, in particular language courses, civic orientation and integration programs and vocational training which take into account their specific needs.
Amendment 759 #
Proposal for a regulation Article 38 – paragraph 1 1. In order to facilitate the integration
Amendment 760 #
Proposal for a regulation Article 38 – paragraph 1 1. In order to facilitate the integration of beneficiaries of international protection into society, beneficiaries of international protection shall have free and effective access to integration measures provided by the Member States, in particular language courses, civic orientation and integration programs and vocational training which take into account their specific needs.
Amendment 761 #
Proposal for a regulation Article 38 – paragraph 1 1. In order to facilitate the integration
Amendment 762 #
Proposal for a regulation Article 38 – paragraph 1 – point 1 (new) (1) The public authorities shall work in conjunction with NGOs to develop integration measures that take into account the needs directly expressed by beneficiaries of international protection. Account shall also be taken of the special circumstances of beneficiaries of international protection with special requirements, women and unaccompanied minors.
Amendment 763 #
Proposal for a regulation Article 38 – paragraph 1 a (new) 1a. Member States shall provide beneficiaries of international protection effective access to language courses free of charge from the date when international protection was granted. However, Member States may require beneficiaries to cover or contribute to the cost of such courses, if beneficiaries have sufficient resources.
Amendment 764 #
Proposal for a regulation Article 38 – paragraph 1 a (new) 1a. Member States shall provide beneficiaries of international protection with effective access to language courses, which shall be free of charge, from the date on which they are granted international protection.
Amendment 765 #
Proposal for a regulation Article 38 – paragraph 2 Amendment 766 #
2. Member States
Amendment 767 #
Proposal for a regulation Article 38 – paragraph 2 2. Member States may make participation in integration measures compulsory, provided that these actually readily accessible and free of charge and allow for the specific needs of beneficiaries of international protection.
Amendment 768 #
Proposal for a regulation Article 38 – paragraph 2 2. Member States may make participation in integration measures compulsory, provided that the integration measures in question are easily accessible, free of charge and take account of specific needs.
Amendment 769 #
Proposal for a regulation Article 38 – paragraph 2 2. Member States
Amendment 770 #
Proposal for a regulation Article 38 a (new) Amendment 771 #
Proposal for a regulation Article 39 – paragraph 1 Amendment 772 #
Proposal for a regulation Article 39 – paragraph 1 Assistance
Amendment 773 #
Proposal for a regulation Article 41 – paragraph 1 Authorities and other organisations applying the provisions of this Regulation shall have received or shall receive the necessary training and shall be bound by the confidentiality principle, as defined in national law, in relation to any information about any individual case that they obtain in the course of their work without prejudice to sufficiently anonymised data for the purposes of public scrutiny.
Amendment 774 #
Proposal for a regulation Article 41 – paragraph 1 Authorities and other organisations applying the provisions of this
Amendment 775 #
Proposal for a regulation Article 42 a (new) Amendment 776 #
Proposal for a regulation Article 43 – paragraph 1 By no later than two years from
Amendment 777 #
Proposal for a regulation Article 44 Article 4 paragraph 3 A
Amendment 778 #
Proposal for a regulation Article 44 – paragraph 1 Amendment 779 #
Proposal for a regulation Article 44 – paragraph 1 Article 4 paragraph 3 Amendment 780 #
Proposal for a regulation Article 44 – paragraph 1 – introductory part 1. In Article 4 of Directive 2003/109/EU, the following paragraph 3 a is inserted: This procedure shall not apply to unaccompanied minors.
Amendment 781 #
Proposal for a regulation Article 44 – paragraph 1 Article 4 paragraph 3 Amendment 782 #
Proposal for a regulation Article 44 – paragraph 1 Directive 2003/109/EU Article 4, paragraph 3a (new) 3a. Where a beneficiary of international protection is found in a Member State, other than the one that granted international protection, and the authorities of that Member State have established that the beneficiary did stay or reside there without a right to stay or to reside there in accordance with relevant Union or national law for more than two weeks and without serious and urgent justification, the period of legal stay preceding such a situation shall not be taken into account in the calculation of the period referred to in paragraph 1.
Amendment 783 #
Proposal for a regulation Article 44 – paragraph 1 Directive 2003/109/EU Article 4 paragraph 3 a 3a. Where a beneficiary of international protection is found in a Member State,
Amendment 784 #
Proposal for a regulation Article 44 – paragraph 1 a (new) Directive 2003/109/EC Article 4 §2, third subparagraph 1a. -1. In Article 4 of Directive 2003/109/EC, the third subparagraph of paragraph 2 is replaced by the following: “Regarding persons to whom international protection has been granted, the period between the date of the lodging of the application for international protection on the basis of which that international protection was granted and the date of the granting of the residence permit referred to in Article 26 of Regulation (EU) ..../... [Qualifications Regulation], shall be taken into account in the calculation of the period referred to in paragraph 1”.
Amendment 785 #
Proposal for a regulation Article 44 – paragraph 1 b (new) Directive 2003/109/EU Article 4 §1(a) 1b. In Article 4 of Directive 2003/109/EU, paragraph 1a is amended as follows: 1. Member States shall grant long-term resident status to third-country nationals who have resided legally and continuously within their territory for five years immediately prior to the submission of the relevant application. 1(a). By way of derogation from paragraph 1, Member States shall grant long-term resident status to beneficiaries of international protection who have resided legally and continuously within their territory for two years immediately prior to the submission of the relevant application.
Amendment 786 #
Proposal for a regulation Article 44 – paragraph 2 Article 4 paragraph 3 Amendment 787 #
Proposal for a regulation Article 44 – paragraph 2 2003/109/EU Article 26a Amendment 788 #
Proposal for a regulation Article 44 – paragraph 2 article 4 paragraph 3 Amendment 789 #
Proposal for a regulation Article 44 – paragraph 2 article 4 paragraph 3 Amendment 790 #
Proposal for a regulation Article 44 – paragraph 2 article 4 paragraph 3 Amendment 791 #
Proposal for a regulation Article 44 – paragraph 2 The Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 4(3a) of this Directive by [
Amendment 792 #
Proposal for a regulation Article 45 – paragraph 1 Directive 2011/95/EC is repealed with effect from the date of entry into force of this
Amendment 793 #
Proposal for a regulation Article 46 – paragraph 1 This
Amendment 794 #
Proposal for a regulation Article 46 – paragraph 2 Amendment 795 #
Proposal for a regulation Article 46 – paragraph 2 This Regulation shall start to apply from [
Amendment 796 #
Proposal for a regulation Article 46 – paragraph 3 Amendment 797 #
Proposal for a regulation Article 46 – paragraph 3 This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties. Member States may 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 798 #
Proposal for a regulation Annex I a (new) Amendment 96 #
Proposal for a regulation – The European Parliament rejects the Commission proposal 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 97 #
Proposal for a regulation – Amendment 98 #
Proposal for a regulation – The European Parliament rejects the Commission proposal 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 99 #
Draft legislative resolution Citation 4 source: 602.739
2017/03/30
EMPL
205 amendments...
Amendment 100 #
Proposal for a regulation Recital 51 (51)
Amendment 101 #
Proposal for a regulation Recital 51 (51) In addition, especially to avoid social hardship and to facilitate integration, it is appropriate to provide beneficiaries of international protection with social and legal assistance without discrimination. However, as regards beneficiaries of subsidiary protection, Member States should be given some flexibility, to limit such rights to core benefits, which is to be understood as covering at least minimum income support, assistance in the case of illness, or pregnancy, and parental assistance, in so far as those benefits are granted to nationals under national law. In order to facilitate their integration, Member States should be given the possibility to make the access to certain type of social assistances specified in national law, for both refugees and beneficiaries of subsidiary protection, conditional on the effective participation of the beneficiary of international protection in integration measures.
Amendment 102 #
Proposal for a regulation Recital 52 Amendment 103 #
Proposal for a regulation Recital 52 (52) Access to basic healthcare, including both physical and mental healthcare, should be ensured to beneficiaries of international protection.
Amendment 104 #
Proposal for a regulation Recital 52 (52) Access to healthcare, including both physical and mental healthcare, and including sexual and reproductive healthcare, should be ensured to beneficiaries of international protection.
Amendment 105 #
Proposal for a regulation Recital 52 a (new) (52a) Beneficiaries of international protection should also enjoy access to goods and services and the supply of goods and services made available to the public, including information and counselling services provided by employment offices.
Amendment 106 #
Proposal for a regulation Recital 53 (53) In order to facilitate the integration of beneficiaries of international protection into society, beneficiaries of international protection shall have free and effective access to integration measures, modalities to be set by the Member States.
Amendment 107 #
Proposal for a regulation Recital 53 (53) In order to facilitate the integration of beneficiaries of international protection into society, beneficiaries of international protection shall have access to integration measures, modalities to be set by the Member States.
Amendment 108 #
Proposal for a regulation Recital 53 (53) In order to facilitate the integration of beneficiaries of international protection into society, beneficiaries of international protection shall have access to integration measures, modalities to be set by the Member States.
Amendment 109 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 (3) ‘refugee’ means a third-country national who, owing to a
Amendment 110 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 (4) ‘refugee status’ means the recognition by a Member State of a third- country national or a stateless person as a refugee; this is a temporary status that may be revoked in the event of a change of situation or a failure by the refugee to comply with the provisions of this Regulation;
Amendment 111 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 (6) ‘subsidiary protection status’ means the recognition by a Member State of a third-country national or a stateless person as a person eligible for subsidiary protection; this is a temporary status that may be revoked in the event of a change of situation or a failure by the refugee to comply with the provisions of this Regulation;
Amendment 112 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 – introductory part (9) ‘family members’ means, in so far as the family already existed
Amendment 113 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 – point a (a) the spouse of the beneficiary of international protection 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, subject to the notion of ‘family unit’ as defined by the culture and customs of the Member States; in the case of a polygamous household, only one wife and the legitimate children of that relationship may be taken into account; the others shall be subject to the rules on the reception of individuals;
Amendment 114 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 – point b (b) the minor children of the couples referred to in point (a) or of the beneficiary of international protection, on condition that they are unmarried and
Amendment 115 #
Proposal for a regulation Article 2 – paragraph 1 – point 17 (17) 'social security' means the branches of social security as
Amendment 116 #
Proposal for a regulation Article 4 – paragraph 1 1. The applicant shall submit without delay all the elements available to him or her which substantiate the application for international protection. He or she shall cooperate with the determining authority and shall remain present and available throughout the procedure. Any period of illegal stay in the territory of the Member State before lodging an application for international protection should be investigated as potential evidence of motives for staying in the Union other than legitimately seeking international protection.
Amendment 117 #
Proposal for a regulation Article 4 – paragraph 5 – point d (d) the applicant has applied for international protection at the earliest possible time
Amendment 118 #
Proposal for a regulation Article 5 – paragraph 1 1. A well-founded fear of being persecuted or a real risk of suffering serious harm may be based on events which
Amendment 119 #
Proposal for a regulation Article 5 – paragraph 2 Amendment 120 #
Proposal for a regulation Article 5 – paragraph 2 2. A well-founded fear of being persecuted or a real risk of suffering serious harm may be based on activities which the applicant has engaged in before and/or since he or she left the country of origin, in particular where it is established that the activities relied upon constitute the expression and continuation of convictions or orientations held in the country of origin.
Amendment 121 #
Proposal for a regulation Article 7 – paragraph 2 2. Protection against persecution or serious harm shall be effective
Amendment 122 #
Proposal for a regulation Article 7 – paragraph 2 2. Protection against persecution or serious harm shall be effective and of a
Amendment 123 #
Proposal for a regulation Article 8 – paragraph 2 2. The assessment of the availability of internal protection shall be carried out once it has been established by the determining authority that the qualification criteria would otherwise apply. The burden of demonstrating the availability of internal protection shall rest on the determining authority. The applicant
Amendment 124 #
Proposal for a regulation Article 8 – paragraph 4 4. When considering the general circumstances prevailing in that part of the country which is the source of the protection as referred to in Article 7, the accessibility, effectiveness and durability of that protection shall be taken into account. When considering personal circumstances of the applicant, health, age, gender, sexual orientation, gender identity and social status shall in particular be taken into account together with an assessment of whether living in the part of the country of origin regarded as safe
Amendment 125 #
Proposal for a regulation Article 9 – paragraph 2 – point b (b) legal, administrative, police, and/or judicial measures which are in themselves discriminatory or which are implemented in a discriminatory manner
Amendment 126 #
Proposal for a regulation Article 9 – paragraph 2 – point c (c) prosecution or punishment which is disproportionate or discriminatory and with a clear intention to cause harm to the person;
Amendment 127 #
Proposal for a regulation Article 9 – paragraph 2 – point d (d) denial of judicial redress resulting in a disproportionate or discriminatory punishment and with a clear intention to cause harm to the person;
Amendment 128 #
Proposal for a regulation Article 9 – paragraph 2 – point f (f) acts of a gender-specific or child- specific nature, such as under-age recruitment, genital mutilation, forced marriage, child trafficking and child labour, domestic violence, violations of economic, social and cultural rights.
Amendment 129 #
Proposal for a regulation Article 10 – paragraph 1 – point e (e) the concept of political opinion shall, in particular, include the holding of an opinion, thought or belief on a matter related to the potential actors of persecution mentioned in Article 6 and to their policies or methods
Amendment 130 #
Proposal for a regulation Article 10 – paragraph 2 2. When assessing if an applicant has a well-founded fear of being persecuted it is immaterial whether the applicant actually possesses the racial, religious, national, social or political characteristic which attracts the persecution, provided that he or she can prove that such a characteristic is attributed to the applicant by the actor of persecution.
Amendment 131 #
Proposal for a regulation Article 11 – paragraph 2 a (new) 2a. Where points 1(a), (b), (c), (e) and (f) apply, the determining authority shall ascertain that the refugee has taken the steps required to return to his or her country of origin or, in specific cases of successful assimilation, has taken the steps required to remain lawfully in the Member State.
Amendment 132 #
Proposal for a regulation Article 11 – paragraph 2 b (new) 2b. Refugee status shall be automatically reviewed every year.
Amendment 133 #
Proposal for a regulation Article 12 – paragraph 1 – introductory part 1. A third-country national or a stateless person shall be excluded from
Amendment 134 #
Proposal for a regulation Article 12 – paragraph 2 – introductory part 2. A third-country national or a stateless person shall be excluded from
Amendment 135 #
Proposal for a regulation Article 12 – paragraph 5 – point b (b) planning of, incitement or contribution to or execution of terrorist acts, which are characterised by their violence towards civilian populations, even if committed with a purportedly political or religious objective.
Amendment 136 #
Proposal for a regulation Article 12 – paragraph 5 – point b a (new) (ba) serious crimes against sexual self- determination, in accordance with national law of the Member State, such as rape or statutory rape.
Amendment 137 #
Proposal for a regulation Article 14 – paragraph 1 – point d (d) there are reasonable grounds for considering him or her as a danger to the security of the Member State in which he or she is present, provided that the right to an effective legal remedy has been honoured;
Amendment 138 #
Proposal for a regulation Article 14 – paragraph 1 – point f a (new) (fa) he or she refuses to comply with the obligations associated with his or her status.
Amendment 139 #
Proposal for a regulation Article 14 – paragraph 1 – point f b (new) (fb) he or she is guilty of obstructing the law or of crime, as defined in the legislation of the host State.
Amendment 140 #
Proposal for a regulation Article 14 – paragraph 1 – point f c (new) (fc) he or she refuses to return voluntarily to his or her country of origin when that is officially possible in accordance with Article 11(e) and (f) of this Regulation.
Amendment 141 #
Proposal for a regulation Article 14 – paragraph 2 2. In situations referred to in points (d) to (fc) of paragraph 1, the determining authority may decide not to grant status to a refugee, where such a decision has not
Amendment 142 #
Proposal for a regulation Article 14 – paragraph 3 3. Persons to whom points (d) to (fc) of paragraph 1 or paragraph 2 apply shall be entitled to rights set out in or similar to those set out in Articles 3, 4, 16, 22, 31, 32 and 33 of the Geneva Convention in so far as they are present in the Member State.
Amendment 143 #
Proposal for a regulation Article 15 Amendment 144 #
Proposal for a regulation Article 15 – paragraph 1 – point b a (new) (ba) Refugee status shall then be automatically reviewed every year.
Amendment 145 #
Proposal for a regulation Article 17 – paragraph 3 a (new) 3a. Where paragraph 1 applies, the determining authority shall ascertain that the refugee has taken the steps required to return to his or her country of origin or, in specific cases of successful assimilation, has taken the steps required to remain lawfully in the Member State.
Amendment 146 #
Proposal for a regulation Article 18 – paragraph 1 – point b (b) he or she has committed a serious crime such as planning of, incitement or contribution to or execution of terrorist act, even if committed with a purportedly political or religious objective or a serious crime against sexual self-determination such as rape or statutory rape;
Amendment 147 #
Proposal for a regulation Article 18 – paragraph 1 – point d (d) he or she constitutes a danger to the community or to the security of the Member State in which he or she is present, provided that the right to an effective legal remedy has been honoured;
Amendment 148 #
Proposal for a regulation Article 18 – paragraph 2 a (new) 2a. The exclusion of a person from subsidiary protection status shall depend exclusively on whether the conditions set out in paragraphs 1 and 2 are met and shall not be subject to any additional proportionality assessment in relation to a particular case.
Amendment 149 #
Proposal for a regulation Article 21 – paragraph b (b) when renewing, for the first
Amendment 150 #
Proposal for a regulation Article 22 – paragraph 3 Amendment 151 #
Proposal for a regulation Article 22 – paragraph 3 3. Within the limits set by international obligations, granting of benefits with regard to access to
Amendment 152 #
Proposal for a regulation Article 22 – paragraph 4 4. When applying the provisions of this Chapter, the specific situation of persons with special needs such as minors, unaccompanied minors, disabled people, elderly people, pregnant women, single parents with
Amendment 153 #
Proposal for a regulation Article 23 – title Protection
Amendment 154 #
Proposal for a regulation Article 23 – paragraph 1 1. Member States shall only respect the principle of non-refoulement in accordance with their international obligations where their social, economic and demographic situation enables them to do so, and where they can offer the applicants decent reception conditions.
Amendment 155 #
Proposal for a regulation Article 23 – paragraph 1 1. Member States shall respect the principle of non-
Amendment 156 #
Proposal for a regulation Article 23 – paragraph 2 Amendment 157 #
Proposal for a regulation Article 23 – paragraph 2 – subparagraph 1 – introductory part Where not prohibited by the international obligations referred to in paragraph 1, refugee or a beneficiary of subsidiary protection may be
Amendment 158 #
Proposal for a regulation Article 23 – paragraph 2 – subparagraph 1 – point a (a) there are reasonable grounds for considering him or her as a danger to the
Amendment 159 #
Proposal for a regulation Article 24 – paragraph 1 The competent authorities shall provide beneficiaries of international protection with information on the rights and obligations relating to refugee status or subsidiary protection status, as soon as possible after that has been granted. That information shall be provided in a language that the beneficiary can understand
Amendment 160 #
Proposal for a regulation Article 24 – paragraph 1 The competent authorities shall provide beneficiaries of international protection with information on the rights and obligations relating to refugee status or subsidiary protection status, as soon as
Amendment 161 #
Proposal for a regulation Article 25 – paragraph 1 1. Family members of a beneficiary of international protection who do not individually qualify for such protection shall be entitled to claim a residence permit in accordance with national procedures and insofar as this is compatible with the personal legal status of the family member. Only proven family members of that family may benefit from this protection, within the limit of the notion of ‘family’ established by the culture and customs of the host country. In the case of a polygamous household, only one wife and the legitimate children of that relationship may be taken into account, with the others being subject to the rules on the reception of individuals.
Amendment 162 #
2. A residence permit issued pursuant to paragraph 1 shall have the duration of the residence permit issued to the beneficiary of international protection and shall be renewable. The period of validity of the residence permit granted to the family member shall
Amendment 163 #
Proposal for a regulation Article 25 – paragraph 2 a (new) 2a. In the event of withdrawal of refugee status from a beneficiary of international protection, the family members who had been entitled to residence permits shall have the permits withdrawn at the same time.
Amendment 164 #
Proposal for a regulation Article 26 – paragraph 1 – introductory part 1.
Amendment 165 #
Proposal for a regulation Article 26 – paragraph 1 – introductory part 1.
Amendment 166 #
Proposal for a regulation Article 26 – paragraph 1 – point a (a) For beneficiaries of refugee status, the residence permit shall have a period of validity of
Amendment 167 #
Proposal for a regulation Article 26 – paragraph 1 – point a (a) For beneficiaries of refugee status, the residence permit shall have a period of validity of
Amendment 168 #
Proposal for a regulation Article 26 – paragraph 1 – point a (a) For beneficiaries of refugee status, the residence permit shall have a period of validity of three years and be renewable thereafter for periods of
Amendment 169 #
Proposal for a regulation Article 26 – paragraph 1 – point a (a) For beneficiaries of refugee status, the residence permit shall have a period of validity of
Amendment 170 #
Proposal for a regulation Article 26 – paragraph 1 – point b (b) For beneficiaries of subsidiary protection status, the residence permit shall have a period of validity of
Amendment 171 #
Proposal for a regulation Article 26 – paragraph 1 – point b (b) For beneficiaries of subsidiary protection status, the residence permit shall have a period of validity of
Amendment 172 #
Proposal for a regulation Article 26 – paragraph 1 – point b (b) For beneficiaries of subsidiary protection status, the residence permit shall have a period of validity of one year and be renewable thereafter for periods of
Amendment 173 #
Proposal for a regulation Article 26 – paragraph 2 – point a Amendment 174 #
Proposal for a regulation Article 26 – paragraph 3 Amendment 175 #
Proposal for a regulation Article 27 – paragraph 1 1. Competent authorities shall issue travel documents to beneficiaries of refugee status, in the form set out in the Schedule to the Geneva Convention and with the minimum security features and biometrics outlined in Council Regulation (EC) No 2252/200445. Those travel documents shall be valid for at least
Amendment 176 #
Proposal for a regulation Article 27 – paragraph 2 2. Competent authorities shall issue travel documents with the minimum security features and biometrics outlined in Regulation (EC) No 2252/2004 to beneficiaries of subsidiary protection status who are unable to obtain a national passport. Those documents shall be valid for at least
Amendment 177 #
Proposal for a regulation Article 28 – paragraph 1 1. Beneficiaries of international protection shall enjoy freedom of movement within the territory of the Member State that granted international protection, including the right to choose their place of residence in that territory, under the same conditions and restrictions as those provided for other third-country nationals legally resident in their territories
Amendment 178 #
Proposal for a regulation Article 28 – paragraph 2 Amendment 179 #
Proposal for a regulation Article 28 – paragraph 2 Amendment 180 #
Proposal for a regulation Article 28 – paragraph 2 2. Within the limits set by international obligations, residence conditions may be imposed on a beneficiary of international protection who receives certain specific social security or social assistance benefits
Amendment 181 #
Proposal for a regulation Article 29 – paragraph 1 Amendment 182 #
Proposal for a regulation Article 29 – paragraph 1 Amendment 183 #
Proposal for a regulation Article 29 – paragraph 2 2. Where a beneficiary is found in a Member State other the one that him or her granted protection without a right stay or the right to reside there in accordance with relevant Union or national law, he will be subject to a take back procedure as defined under Article 20(1)(e) of the Dublin Regulation (EU) no. xxx/xxx at his or her own expense, deductible from the financial allowances received from the Member State granting the protection. The person subject to a take back procedure shall also be penalised by withdrawal of relevant rights in Section III for a limited period of time.
Amendment 184 #
Proposal for a regulation Article 30 – paragraph 2 – introductory part 2. Beneficiaries of international protection shall enjoy equal treatment with
Amendment 185 #
(a) working conditions, including pay and dismissal, working hours, leave and holidays, parental leave as well as health and safety requirements at the workplace;
Amendment 186 #
Proposal for a regulation Article 30 – paragraph 2 – 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
Amendment 187 #
Proposal for a regulation Article 30 – paragraph 2 – point c (c) employment-related education opportunities
Amendment 188 #
Proposal for a regulation Article 30 – paragraph 2 – point d (d) advice and follow-up services afforded by employment offices.
Amendment 189 #
Proposal for a regulation Article 30 – paragraph 3 3. Competent authorities,
Amendment 190 #
Proposal for a regulation Article 31 – paragraph 1 1. Minors granted international protection shall have full access to the education system, under the same conditions as
Amendment 191 #
Proposal for a regulation Article 31 – paragraph 2 2. Adults granted international protection shall have access to the general education system, further training or retraining, under the same conditions as
Amendment 192 #
Proposal for a regulation Article 31 – paragraph 2 2. Adults granted international protection shall have access to the general education system, further training or retraining, under the same conditions as third-country nationals legally resident in that Member State
Amendment 193 #
Proposal for a regulation Article 32 – paragraph 1 1. Beneficiaries of international protection shall enjoy equal treatment with
Amendment 194 #
Proposal for a regulation Article 32 – paragraph 2 Amendment 195 #
Proposal for a regulation Article 32 – paragraph 3 3. Beneficiaries of international protection shall enjoy equal treatment with
Amendment 196 #
Proposal for a regulation Article 33 – paragraph 1 Beneficiaries of international protection shall enjoy equal treatment with nationals of the Member State that has granted protection with regard to social security provided that they have actively contributed to its financing through contributions.
Amendment 197 #
Proposal for a regulation Article 33 – paragraph 1 Beneficiaries of international protection shall enjoy equal treatment with
Amendment 198 #
Proposal for a regulation Article 34 – paragraph 1 – subparagraph 1 Beneficiaries of international protection shall enjoy equal treatment with
Amendment 199 #
Proposal for a regulation Article 34 – paragraph 1 – subparagraph 2 Amendment 200 #
Proposal for a regulation Article 34 – paragraph 1 – subparagraph 2 Amendment 201 #
Proposal for a regulation Article 34 – paragraph 1 – subparagraph 2 Amendment 202 #
Proposal for a regulation Article 34 – paragraph 1 – subparagraph 2 Access to
Amendment 203 #
Proposal for a regulation Article 34 – paragraph 1 – subparagraph 2 Access to certain social assistance specified in national law m
Amendment 204 #
Proposal for a regulation Article 34 – paragraph 2 Amendment 205 #
Proposal for a regulation Article 34 – paragraph 2 Amendment 206 #
Proposal for a regulation Article 34 – paragraph 2 Amendment 207 #
Proposal for a regulation Article 34 – paragraph 2 Amendment 208 #
Proposal for a regulation Article 35 – paragraph 1 1. Beneficiaries of international protection shall have access to healthcare under the same eligibility conditions as
Amendment 209 #
Proposal for a regulation Article 35 – paragraph 2 2. Beneficiaries of international protection who have special needs, such as pregnant women
Amendment 210 #
Proposal for a regulation Article 35 – paragraph 2 2. Beneficiaries of international protection who have special needs, such as pregnant women, disabled people, persons who have undergone torture, rape or other serious forms of psychological, physical or sexual violence or minors who have been victims of any form of abuse, neglect, exploitation, torture, cruel, inhuman and degrading treatment or who have suffered from armed conflict shall be provided adequate healthcare, including treatment of mental disorders when needed, under the same eligibility conditions as nationals of the Member State that has granted protection. Former international protection applicants who have been receiving medical assistance shall continue receiving treatment after the recognition of their status, for as long as needed.
Amendment 211 #
Proposal for a regulation Article 35 – paragraph 2 2. Beneficiaries of international protection who have special needs, such as pregnant women, disabled people, persons who have undergone torture, rape or other serious forms of psychological, physical or sexual violence or minors who have been victims of any form of abuse, neglect, exploitation, torture, cruel, inhuman and degrading treatment or who have suffered from armed conflict shall be provided adequate healthcare, including treatment of mental disorders when needed
Amendment 212 #
Proposal for a regulation Article 35 – paragraph 2 2. Beneficiaries of international protection who have special needs, such as pregnant women, disabled people, persons who have undergone torture, rape or other serious forms of psychological, physical or sexual violence or minors who have been victims of any form of abuse, neglect, exploitation, torture, cruel, inhuman and degrading treatment or who have suffered from armed conflict shall be provided with adequate healthcare, including treatment of mental disorders when needed, under the same eligibility conditions as nationals of the Member State that has granted protection.
Amendment 213 #
Proposal for a regulation Article 35 – paragraph 2 a (new) 2a. Access to healthcare under the same eligibility conditions as nationals of the Member state that has granted protection shall be provided for asylum seekers also in case their application for international protection is refused. In the case there is a risk that a person's health will deteriorate if returned to his or her country of origin or that a person will risk death because of being deprived of healthcare, the Member state shall not return that person and offer him or her assistance and healthcare according to the right to life and the prohibition of torture and inhuman or degrading treatment or punishment stated by articles 2 and 3 of the Charter of Fundamental Rights of the European Union.
Amendment 214 #
Proposal for a regulation Article 36 – paragraph 1 – subparagraph 1 As soon as possible
Amendment 215 #
Amendment 216 #
Proposal for a regulation Article 36 – paragraph 4 4. As far as possible, siblings shall be kept together, taking into account the best interests of the minor concerned and, in particular, his or her age and degree of maturity. Changes of residence of unaccompanied minors shall be limited to a minimum and placement in administrative detention shall be avoided.
Amendment 217 #
Proposal for a regulation Article 36 – paragraph 5 Amendment 218 #
Proposal for a regulation Article 36 – paragraph 6 6. The persons and organisations working with unaccompanied minors shall receive
Amendment 219 #
Proposal for a regulation Article 37 – paragraph 1 1. Beneficiaries of international protection shall have access to accommodation under conditions equivalent to those applicable to
Amendment 220 #
Proposal for a regulation Article 37 – paragraph 2 Amendment 221 #
Proposal for a regulation Article 37 – paragraph 2 2. National dispersal practices of beneficiaries of international protection shall be carried out
Amendment 222 #
Proposal for a regulation Article 37 – paragraph 2 2. National dis
Amendment 223 #
Proposal for a regulation Article 37 – paragraph 2 2. National dispersal practices of beneficiaries of international protection shall be carried out
Amendment 224 #
Proposal for a regulation Article 37 – paragraph 2 2. National dispersal practices of beneficiaries of international protection shall be carried out to the extent possible
Amendment 225 #
Proposal for a regulation Article 38 – paragraph 1 1. In order to facilitate the integration of beneficiaries of international protection into society, beneficiaries of international protection shall have access to integration measures provided by the Member States, in particular language courses, civic orientation and integration programs and vocational training which should be free of charge and easily accessible and shall take into account their specific needs.
Amendment 226 #
Proposal for a regulation Article 38 – paragraph 1 1. In order to facilitate the integration
Amendment 227 #
Proposal for a regulation Article 38 – paragraph 1 1. In order to facilitate the integration of beneficiaries of international protection into society, beneficiaries of international protection shall have free and effective access to integration measures provided by the Member States, in particular language courses, civic orientation and integration programs and vocational training which take into account their specific needs.
Amendment 228 #
Proposal for a regulation Article 38 – paragraph 2 Amendment 229 #
Amendment 230 #
Proposal for a regulation Article 38 – paragraph 2 2. Member States
Amendment 231 #
Proposal for a regulation Article 38 – paragraph 2 2. Member States
Amendment 232 #
Proposal for a regulation Article 38 – paragraph 2 2. Member States
Amendment 28 #
Proposal for a regulation Recital 1 (1) A number of substantive changes are to be made to Council Directive 2011/95/EU of 13 December 2011 on standards for the qualification of third- country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted31 (recast). To ensure
Amendment 29 #
Proposal for a regulation Recital 2 (2) A common policy on asylum, including a Common European Asylum System (CEAS) which is based on the full
Amendment 30 #
Proposal for a regulation Recital 3 (3) The CEAS is based on common standards for asylum procedures, recognition and protection offered at Union level, reception conditions and a system for determining the Member State responsible for asylum seekers. Notwithstanding progress achieved so far in the progressive development of the CEAS, there are still significant disparities between the Member States in the types of procedures used, the recognition rates, the type of protection granted, the level of material reception conditions and benefits given to applicants for and beneficiaries of international protection. These divergences
Amendment 31 #
Proposal for a regulation Recital 3 (3) The CEAS is based on common standards for asylum procedures, recognition and protection offered at Union level, reception conditions and a system for determining the Member State responsible for asylum seekers. Notwithstanding progress achieved so far in the progressive development of the CEAS, there are still significant disparities between the Member States in the types of procedures used, the recognition rates, the type of protection granted, the level of material reception conditions and benefits given to applicants for and beneficiaries of international protection. These divergences are important drivers of secondary movements and undermine the
Amendment 32 #
Proposal for a regulation Recital 3 a (new) Amendment 33 #
Proposal for a regulation Recital 3 b (new) (3b) These divergences, and the failure to control secondary movements, may lead to illegal groupings of asylum seekers at strategic border points, with all the consequences on security, health and social affairs that have been observed in cases such as that of Calais.
Amendment 34 #
Proposal for a regulation Recital 4 (4) In its Communication of 6 April 2016,32 the Commission set out its options for improving the CEAS, namely to establish a sustainable and fair system for determining the Member State responsible for asylum seekers, to reinforce the Eurodac system, to achieve greater convergence in the EU asylum system, to prevent secondary movements within the European Union and a new mandate for the European Union Agency for Asylum agency. That Communication is in line with calls by the European Council on 18- 19 February 201633 to make progress
Amendment 35 #
Proposal for a regulation Recital 5 (5)
Amendment 36 #
Proposal for a regulation Recital 5 (5) For a well-functioning CEAS, including of the Dublin system, substantial progress should be made regarding the convergence of national asylum systems
Amendment 37 #
Proposal for a regulation Recital 6 (6)
Amendment 38 #
Proposal for a regulation Recital 6 (6) A Regulation is therefore necessary to ensure a faster and more consistent level of harmonisation throughout the Union and to provide a higher degree of legal certainty and transparency.
Amendment 39 #
Proposal for a regulation Recital 7 (7) The main objective of this Regulation is, on the one hand, to ensure that Member States apply common criteria for the identification of persons genuinely in need of international protection, in order to avoid the abuses that are very frequently seen, and, on the other hand, to ensure that a common set of rights is available for those persons in all Member States.
Amendment 40 #
Proposal for a regulation Recital 8 (8) The further approximation of rules on the recognition and content of refugee and subsidiary protection status should moreover help to
Amendment 41 #
Proposal for a regulation Recital 8 (8) The further approximation of rules on the recognition and content of refugee and subsidiary protection status should moreover help to limit the secondary movement of applicants for international protection and beneficiaries of international protection between Member States
Amendment 42 #
(8) The further approximation of rules on the recognition and content of refugee and subsidiary protection status should moreover help to limit the secondary movement of applicants for international protection and beneficiaries of international protection between Member States, where such movement may have been caused, for example, by any differences in the national legal measures taken to transpose the Qualification Directive replaced by this Regulation.
Amendment 43 #
Proposal for a regulation Recital 11 (11) This Regulation respects the fundamental rights and observes the principles recogni
Amendment 44 #
Proposal for a regulation Recital 13 (13) The resources of the Asylum, Migration and Refugee Fund should be used to provide adequate support to Member States’ efforts in implementing the standards set by the Regulation, in particular to those Member States which are faced with specific and disproportionate pressure on their asylum systems, due in particular to their geographical or demographic situation. In addition, Member states should take full advantage, at all levels of governance, of the possibilities offered by funds which are not directly related to asylum and migration policy but which can be used to fund actions in that area, such as those available under the European Social fund, the fund for European Aid to the Most Deprived, Horizon 2020, the European regional Development Fund and the rights, equality and citizens Programs. Those funds should be made directly accessible to local and regional authorities for actions that fall directly under their responsibilities.
Amendment 45 #
Proposal for a regulation Recital 13 (13) The resources of the Asylum, Migration and
Amendment 46 #
Proposal for a regulation Recital 13 (13) The resources of the Asylum, Migration and Refugee Fund should be used to provide adequate support to Member States’ efforts in implementing the standards set by the Regulation, in
Amendment 47 #
Proposal for a regulation Recital 13 (13) The resources of the Asylum, Migration and Refugee Fund and the European Social Fund should be used to provide adequate support to Member States’ efforts in implementing the standards set by the Regulation, in particular to those Member States which are faced with specific and disproportionate pressure on their asylum systems, due in particular to their social, geographical or demographic situation.
Amendment 48 #
Proposal for a regulation Recital 13 (13) The resources of the Asylum, Migration and Refugee Fund should be used to provide adequate support to Member States’ efforts in implementing the standards set by the Regulation, in particular to those Member States which
Amendment 49 #
Proposal for a regulation Recital 14 (14) The European Union Agency for Asylum
Amendment 50 #
Proposal for a regulation Recital 15 (15) When applying this Regulation the ‘best interests of the child’ should be a primary consideration, in line with the 1989 United Nations Convention on the Rights of the Child. In assessing the best interests of the child, Member States' authorities should in particular take due account of the principle of family unity, the minor’s well-being and social development, the minor's cultural origin and linguistic skills, safety and security considerations and the views of the minor in accordance with his or her age and maturity.
Amendment 51 #
Proposal for a regulation Recital 16 (16) The notion of family members should take into account the
Amendment 52 #
Proposal for a regulation Recital 16 (16) The notion of family members should take into account the different particular circumstances of dependency and the special attention to be paid to the best interests of the child. It should also reflect the
Amendment 53 #
Proposal for a regulation Recital 18 (18) The recognition of refugee status is a declaratory act which should only be granted to legitimate applicants.
Amendment 54 #
Proposal for a regulation Recital 23 (23) Protection can be provided, where they are willing and able to offer protection, either by the State or by parties or organisations, including international organisations, meeting the conditions set out in this Directive, which control a region or a larger area within the territory of the State. Such protection should be effective and of a
Amendment 55 #
Proposal for a regulation Recital 23 (23) Protection can be provided, where they are willing and able to offer protection, either by the State or by parties or organisations, including international organisations, meeting the conditions set out in this Directive, which control a region or a larger area within the territory of the State. Such protection should be effective
Amendment 56 #
Proposal for a regulation Recital 25 (25) Where the State or agents of the State are the actors of persecution or serious harm, there should be a presumption that effective protection
Amendment 57 #
Proposal for a regulation Recital 29 (29) In accordance with relevant case law of the Court of Justice of the European Union, when assessing applications for international protection, the competent authorities of the Member States should use all methods necessary for the assessment of the applicant's credibility in a manner that respects the individual's rights as guaranteed by the Charter, in particular the right to human dignity and the respect for private and family life. Specifically as regards homosexuality, the individual
Amendment 58 #
Proposal for a regulation Recital 29 (29) In accordance with relevant case law of the Court of Justice of the European Union, when assessing applications for international protection, the competent authorities of the Member States should use methods for the assessment of the applicant's credibility in a manner that respects the individual's rights as guaranteed by the Charter, in particular the right to human dignity and the respect for private and family life. Specifically as regards
Amendment 59 #
Proposal for a regulation Recital 30 (30) Acts contrary to the purposes and principles of the United Nations are set out in the Preamble and Articles 1 and 2 of the Charter of the United Nations and are, amongst others, embodied in the United Nations resolutions relating to measures combating terrorism, which declare that ‘acts, methods and practices of terrorism are contrary to the purposes and principles of the United Nations’ and that ‘knowingly financing, planning and inciting terrorist acts are also contrary to the purposes and principles of the United Nations’. These same acts, methods and practices should also constitute a reason to deny and revoke refugee status or subsidiary protection status.
Amendment 60 #
Proposal for a regulation Recital 31 (31) Committing a political crime is not, at present, in principle a ground justifying exclusion from refugee status. However, in accordance with relevant case law of the Court of Justice of the European Union, particularly cruel actions, where the act in question is disproportionate to the alleged political objective, and terrorist acts which are characterised by their violence towards civilian populations, even if committed with a purportedly political objective, should be regarded as non-political crimes and therefore
Amendment 61 #
Proposal for a regulation Recital 31 a (new) (31a) The recognition of subsidiary protection status is a declaratory act.
Amendment 62 #
Proposal for a regulation Recital 34 (34) For the purpose of assessing serious harm which may qualify applicants as eligible for subsidiary protection, the notion of indiscriminate violence, in accordance with relevant case law of the European Court of Justice and the European Court of Human rights, should include violence that may extend to people irrespective of their personal circumstance. Factors to be taken into account when determining whether indiscriminate violence exists could include external aggression, occupation, foreign domination, internal conflicts, several violation of human rights or events seriously disturbing public order in the country of origin, or in a part thereof.
Amendment 63 #
Proposal for a regulation Recital 36 (36) As regards the required proof in relation to the existence of a serious and individual threat to the life or person of an applicant, in accordance with relevant case law of the Court of Justice of the European Union36, determining authorities should
Amendment 64 #
Proposal for a regulation Recital 36 a (new) (36a) A person in need of protection because she or he is unable to return to her or his country of origin due to a natural or manmade disaster should also be eligible to qualify for protection under this Regulation.
Amendment 65 #
Proposal for a regulation Recital 37 (37) The residence permit and the travel documents issued to beneficiaries of international protection
Amendment 66 #
Proposal for a regulation Recital 39 (39) With a view to ascertaining whether beneficiaries of international protection are still in need of that protection, determining
Amendment 67 #
Proposal for a regulation Recital 39 (39) With a view to ascertaining whether beneficiaries of international protection are still in need of that protection, determining authorities should review the granted status when the residence permit has to be renewed, for the first time in the case of refugees, and for the first
Amendment 68 #
Proposal for a regulation Recital 41 (41) When the
Amendment 69 #
Proposal for a regulation Recital 41 (41) When the refugee status or the subsidiary protection status ceases to exist, the application of the decision by which the determining authority of a Member State revokes, ends or does not renew the status
Amendment 70 #
Proposal for a regulation Recital 41 (41) When the refugee status or the subsidiary protection status ceases to exist, the application of the decision by which the determining authority of a Member State revokes, ends or does not renew the status should be deferred for a reasonable period of time after adoption, in order to give the third-country national or stateless person concerned the possibility to apply for residence on the basis of other grounds than those having justified the granting of international protection, such as family or medical reasons, or reasons related to employment or to education, in accordance with relevant Union and national law.
Amendment 71 #
Proposal for a regulation Recital 42 (42) Beneficiaries of international protection should reside in the Member State which granted them protection. Those beneficiaries who are in possession of a valid travel document and a residence permit issued by a Member State applying the Schengen acquis in full, should be allowed to enter into and move freely within the territory of the Member States applying the Schengen acquis in full, for a period up to 90 days in any 180-day period in accordance with Schengen Borders Code38 and with Article 21 of the Convention implementing the Schengen Agreement39.
Amendment 72 #
Proposal for a regulation Recital 42 (42) Beneficiaries of international protection should reside in the Member State which granted them protection. Those beneficiaries who are in possession of a valid travel document and a residence permit issued by a Member State applying the Schengen acquis in full, should be allowed to enter into and move freely within the territory of the Member States applying the Schengen acquis in full, for a period up to 90 days in any 180-day period in accordance with Schengen Borders Code38 and with Article 21 of the Convention implementing the Schengen Agreement39. Beneficiaries of international protection can equally apply to reside in a Member State other than the Member State which granted protection, in accordance with relevant EU rules, notably on the conditions of entry and residence of third- country nationals for the purposes of highly skilled employment40 and national rules; however, this does not imply any transfer of the international protection and related rights. _________________ 38 Regulation 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders. 39 Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French
Amendment 73 #
Proposal for a regulation Recital 42 (42) Beneficiaries of international protection should reside in the Member State which granted them protection. Those beneficiaries who are in possession of a valid travel document and a residence permit issued by a Member State applying the Schengen acquis in full, should be allowed to enter into and move freely within the territory of the Member States applying the Schengen acquis in full, for a period up to 90 days in any 180-day period in accordance with Schengen Borders Code38 and with Article 21 of the Convention implementing the Schengen Agreement39. Beneficiaries of international protection can equally apply to reside in a Member State other than the Member State which granted protection, in accordance with relevant EU rules, notably on the conditions of entry and residence of third- country nationals for the purposes of highly skilled employment40 and national rules, and only with the agreement of the Member States concerned; however, this does not imply any transfer of the international protection and related rights. _________________ 38 Regulation 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across
Amendment 74 #
Proposal for a regulation Recital 43 (43) In order to prevent secondary movements within the European Union, beneficiaries of international protection, if found in a Member State other than the Member State having granted them protection without fulfilling the conditions of stay or reside, should be taken back and sanctioned by the Member State responsible in accordance with the procedure laid down by Regulation41and this Regulation. _________________ 41 (EU)No [xxx/xxxx New Dublin Regulation].
Amendment 75 #
Proposal for a regulation Recital 43 (43) In order to
Amendment 76 #
Proposal for a regulation Recital 44 Amendment 77 #
Proposal for a regulation Recital 44 (44) In order to discourage secondary movements within the European Union, the Long Term Residence Directive 2003/109/EC should be amended to provide that the 5-year period after which beneficiaries of international protection are eligible for the Long Term Resident status
Amendment 78 #
Proposal for a regulation Recital 45 (45) The notion of national security and public order also covers cases in which a third-country national
Amendment 79 #
Proposal for a regulation Recital 46 a (new) (46a) Calls for gender to be fully mainstreamed into all policies and procedures relating to asylum and migration taking into account the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), and with special reference to the accession of the Union to the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention);
Amendment 80 #
Proposal for a regulation Recital 46 b (new) (46b) Highlights the fact that in order to facilitate the social inclusion and integration of refugees into the labour market, it is necessary to take into account, linguistic barriers, diverse socio- economic and cultural backgrounds, disabilities, including psychosocial and mental health well-being in order to tackle discrimination in any grounds;
Amendment 81 #
(46c) Recalls Article 31 of the Charter of Fundamental Rights of the European Union where it is recognised that workers should benefit from fair and just working conditions independently from having a Union or third-country citizenship and regardless of residing legally or not in the Union;
Amendment 82 #
Proposal for a regulation Recital 47 (47) Within the limits set out by international obligations, the granting of benefits and social rights with regard to access to employment and social security does not require
Amendment 83 #
Proposal for a regulation Recital 48 Amendment 84 #
Proposal for a regulation Recital 48 (48) Competent authorities may restrict the access to employed or self-employed activities as regard posts which involve the exercise of public authority, and responsibility for safeguarding the general interest of the State or other public authorities.
Amendment 85 #
Proposal for a regulation Recital 48 (48) Competent authorities may restrict the access to employed or self-employed activities as regard posts which involve the exercise of public authority, and responsibility for safeguarding the general interest of the State or other public authorities. In the context of exercising their right equal treatment as regards membership of an organisation representing workers or engaging in a specific occupation, beneficiaries of international protection m
Amendment 86 #
Proposal for a regulation Recital 49 Amendment 87 #
Proposal for a regulation Recital 49 (49) In order to enhance the effective exercise of the rights and benefits laid down in this Regulation by beneficiaries of international protection, it is necessary to take into account their specific needs and the particular integration challenges with which they are confronted, and facilitate their access to integration related rights in particular as regards employment-related educational opportunities and vocational training and access to recognition procedures for foreign diplomas, certificates and other evidence of formal qualifications
Amendment 88 #
Proposal for a regulation Recital 49 (49) In order to enhance the effective
Amendment 89 #
Proposal for a regulation Recital 49 a (new) (49a) Special measures need to be considered with a view to address the practical difficulties encountered by beneficiaries of international protection concerning the authentication of their foreign diplomas, certificates or other evidence of formal qualifications;
Amendment 90 #
Proposal for a regulation Recital 49 b (new) (49b) Member States, acting at national, regional and local level, should offer beneficiaries of international protection support and opportunities to integrate and build a life in their new society, which should include accommodation, literacy language courses, intercultural dialogue, education and professional training, as well as effective access to decent jobs.
Amendment 91 #
Proposal for a regulation Recital 50 Amendment 92 #
Proposal for a regulation Recital 50 (50)
Amendment 93 #
Proposal for a regulation Recital 50 (50) Equal treatment
Amendment 94 #
Proposal for a regulation Recital 50 (50) Equal treatment should be provided for beneficiaries of international protection and of subsidiary protection with nationals of the Member State granting protection as regards social security.
Amendment 95 #
Proposal for a regulation Recital 50 (50) Equal treatment should be provided for beneficiaries of international protection with nationals of the Member State granting protection as regards social security rights.
Amendment 96 #
Proposal for a regulation Recital 51 (51) In addition, especially to avoid social hardship, it is appropriate to provide beneficiaries of international protection and of subsidiary protection with social assistance without discrimination
Amendment 97 #
Proposal for a regulation Recital 51 (51) In addition, especially to avoid social hardship, it is appropriate to provide beneficiaries of international protection with social assistance without discrimination.
Amendment 98 #
Proposal for a regulation Recital 51 (51) In addition, especially to avoid social hardship, it is appropriate to provide
Amendment 99 #
Proposal for a regulation Recital 51 (51) In addition, especially to avoid social hardship, it is appropriate to provide beneficiaries of international protection with social assistance without discrimination.
source: 602.749
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