Changes from plenary report to adopted text

RemovedRecital 12: (12) Harmonised EU rules on the documents to be issued to applicants make it more difficult for applicants to move in an unauthorised manner within the Union. The validity of travel documents should be limited to the purpose or duration needed for the reason for which they are issued. Such a reason could for instance be that an applicant needs to travel to another State for medical treatment or to visit relatives in particular cases, such as for visits to family members or other close relatives who are seriously ill, or to attend marriages or funerals of family members or other close relatives. Other reasons could include situations where applicants who have been granted access to the labour market are required to perform essential travel for work purposes, where applicants are required to travel as part of study curricula or where minors are travelling with foster families.

RemovedRecital 13: (13) Applicants do not have the right to choose the Member State of application. An applicant must apply for international protection on the basis of the criteria set out in Regulation (EU) No XXX/XXX [Dublin Regulation].

RemovedRecital 14: (14) Applicants are required to remain available to the relevant authorities of the Member State where they made an application or in the Member State to which they are transferred in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation]. Where an applicant has absconded and has travelled to another Member State without authorisation, it is vital, for the purpose of ensuring a well-functioning Common European Asylum System that the applicant is swiftly returned to the Member State where he or she is required to be present. Until such a transfer has taken place, there is a risk that the applicant may abscond and his or her whereabouts should therefore be closely monitored.

RemovedRecital 15: deleted

RemovedRecital 16: (16) For reasons of public interest or public order, for the swift processing and effective monitoring of his or her application for international protection, or in order to effectively prevent the applicant from absconding where it has been established by the relevant authorities that there is a serious and imminent risk that an applicant may abscond, Member States should, where necessary, be able to assign the applicant residence in a specific place, such as an accommodation centre, a private house, flat, hotel or other premises adapted for housing applicants. Such a decision may be necessary to effectively prevent the applicant from absconding in particular in cases where the applicant has not complied with the obligations to remain in the Member State where he or she is required to be present, or, in cases where the applicant has been sent back to the Member State, where he or she is required to be present after having absconded to another Member State. Where the applicant is entitled to material reception conditions, such material reception conditions should also be provided subject to the applicant residing in this specific place.

RemovedRecital 17: (17) Where there are specific and objective reasons for considering that there is a serious and imminent risk that an applicant may abscond, Member States should be able, where necessary, proportionate and duly justified after an individualised assessment carried out by a judicial authority, to require applicants to report to the competent authorities as frequently as necessary in order to monitor that the applicant does not abscond. To deter applicants from further absconding, Member States should also be able to grant material reception conditions, where the applicant is entitled to such material reception conditions, only in kind. Applicants should also be able to appeal against decisions requiring them to report to the competent authorities.

RemovedRecital 18: (18) Any restriction on the applicant's freedom of movement should be adopted only as a measure of last resort and should be based on the decision by a judicial authority, which takes into account the individual behaviour and particular situation of the person concerned, including any specific reception needs of applicants and the principles of necessity and proportionality. Applicants should be duly informed of such decisions and of the consequences of non-compliance. They should also be provided with the possibility of an appeal or review against such decisions.

RemovedRecital 19: (19) In view of the serious consequences for applicants who have absconded or who are considered to be at risk of absconding, the meaning of absconding should be strictly defined, in line with standards developed by the European Union Agency for Asylum, as encompassing both a deliberate action to avoid the applicable asylum procedures and the factual circumstance of not remaining available to the relevant authorities. Irregular entry, lack of an address or documents proving the identity of an applicant should not constitute valid criteria for determining the risk of absconding.

RemovedRecital 20: (20) The detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection, particularly in accordance with the international legal obligations of the Member States and with Article 31 of the Geneva Convention. Applicants may be detained only under the very clearly defined exceptional circumstances laid down in this Directive and subject to the principle of necessity and proportionality with regard to both the manner and the purpose of such detention. Detention of applicants pursuant to this Directive should only be ordered in writing by judicial authorities stating the reasons on which it is based, including in the cases where the person is already detained when making the application for international protection. Any decision imposing detention should contain a reference to the consideration of the available alternatives and the reasons why they could not be applied effectively. Where an applicant is held in detention he or she should have effective access to the necessary procedural guarantees, such as judicial remedy and the right to free legal assistance and representation.

RemovedRecital 21: (21) Where an applicant has been assigned a specific place of residence but has not complied with this obligation, there needs to be a demonstrated, individually justified, imminent and serious risk that the applicant may abscond in order for the applicant to be detained. In all circumstances, special care must be taken to ensure that the length of the detention is proportionate and that it ends as soon as the obligation put on the applicant has been fulfilled or there are no longer reasons for believing that he or she will not fulfil this obligation. The applicant must also have been made aware of the obligation in question and of the consequences of non-compliance.

RemovedRecital 30: (30) In applying this Directive, Member States should seek to ensure full compliance with the principles of the best interests of the child and of family unity, in accordance with the Charter of Fundamental Rights of the European Union, the 1989 United Nations Convention on the Rights of the Child and the European Convention for the Protection of Human Rights and Fundamental Freedoms respectively. The Member States should also ensure full compliance with the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence and the Convention on the Elimination of all Forms of Discrimination Against Women. Reception conditions need to be adapted to the specific needs of minors, whether unaccompanied or within families, with due regard to their security and the prevention of sexual and gender-based violence, in particular by means of providing child-friendly accommodation, and to their physical and emotional care and education, all provided in a manner that encourages their general development. Detention or any confinement of children, whether unaccompanied or within families, is never in their best interests and always constitutes a child´s rights violation. It should therefore be prohibited.

RemovedRecital 31: (31) Member States should ensure that applicants receive full and free access to necessary health services, which should include, at least, emergency and primary care, maternity care and essential treatment of illnesses, including of serious mental disorders such as post-traumatic stress disorders, and access to sexual and reproductive health services. To respond to public health concerns with regard to disease prevention and safeguard the health and rights of individual applicants, applicants' access to health services should also include preventive sexual and reproductive health care and preventive medical treatment, such as vaccinations, and secondary care. Member States may require medical screening for applicants on public health grounds, in accordance with guidelines developed jointly by the European Union Agency for Asylum and the European Centre for Disease Prevention and Control. The results of medical screening should not influence the assessment of applications for international protection, which should always be carried out objectively, impartially and on an individual basis in line with Regulation (EU) No XXX/XXX [Procedures Regulation].

RemovedRecital 32: (32) Member States should in all circumstances ensure access to health care and an adequate standard of living for applicants. Due regard must also be given to applicants with specific reception needs. The specific needs of children, in particular with regard to respect for the child's right to education and access to healthcare have to be taken into account. The specific needs of applicants who have experienced sexual or gender-based violence, in particular women, should be taken into account, including via ensuring access, at different stages of the asylum procedure, to medical care, legal support, and to appropriate trauma counselling and psycho-social care. Such applicants should be considered to be persons with specific reception needs.

RemovedRecital 33: (33) The scope of the definition of family member should be non-discriminatory and should reflect the reality of current migratory trends, according to which applicants often arrive to the territory of the Member States after a prolonged period of time in transit. Member States should apply the definition of family member in accordance with the Charter of Fundamental Rights of the European Union, the Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms and the case-law of the European Court of Human Rights on the scope of the definition of family. They should therefore have regard to the different circumstances of dependency and the particular attention that is to be paid to the best interests of the child, underlining the importance of protecting female applicants, who are the victim of child, early or forced marriage. Unmarried couples should not be discriminated against on grounds of sexual orientation or gender identity.

RemovedRecital 34: (34) In order to promote the self-sufficiency of applicants and to limit wide discrepancies between Member States, it is essential to provide clear rules on the applicants’ access to the labour market and to ensure that such access is effective, by not imposing conditions, including sector restrictions, working time restrictions or unreasonable administrative formalities, that effectively hinder an applicant from seeking employment. Member States should also take effective steps to ensure that the entry of applicants for international protection into the labour market is not achieved through a lowering of applicable salaries, which could then lead to wage dumping practices. Labour market tests used to give priority to nationals or to other Union citizens or to third-country nationals legally resident in the Member State concerned should not hinder effective access for applicants to the labour market and should be implemented without prejudice to the principle of preference for Union citizens as expressed in the relevant provisions of the applicable Acts of Accession.

RemovedRecital 35: (35) In order to increase integration prospects and self-sufficiency of applicants, access to the labour market should be provided to the applicant as soon as possible and no later than two months from the date when the application for international protection was made.

RemovedRecital 39: (39) The right to freedom of association and affiliation may be limited by excluding applicants from taking part in the management of certain bodies and from holding a public office.

RemovedRecital 40 a (new): (40a) Applicants who have been granted access to the labour market should be allowed to apply for an EU Blue Card under the relevant Union legislation. Applicants who have been granted access to the labour market should also be allowed to apply for a residence permit for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing under the relevant Union legislation.

RemovedRecital 40 b (new): (40b) Language skills are indispensable in order to ensure that applicants have an adequate standard of living. Learning the official language or one of official languages of the Member State concerned would increase self-reliance and the chance of integration in the host society. It also constitutes a deterrent against secondary movements. Effective access to language courses should therefore be granted to all applicants from the date on which their application for international protection is made

RemovedRecital 41: (41) To ensure that the material reception conditions provided to applicants comply with the principles set out in this Directive, it is necessary to further clarify the nature of those conditions, including not only housing, food and clothing but also essential non-food items such as sanitary items, medical devices or education material. It is also necessary that Member States determine the level of material reception conditions provided in the form of financial allowances or vouchers on the basis of relevant references to ensure adequate standards of living for nationals, such as minimum income benefits, minimum wages, minimum pensions, unemployment benefits and social assistance benefits. That does not mean that the amount granted should be the same as for nationals

RemovedRecital 42: (42) Member States should be able to provide material reception conditions only to the extent applicants do not have sufficient means to provide for themselves. When assessing the resources of an applicant and requiring an applicant to cover or contribute to the material reception conditions, Member States should observe the principle of proportionality and take into account the individual circumstances of the applicant and the need to respect his or her dignity or personal integrity, including the applicant's specific reception needs. Applicants should not be required to cover or contribute to the costs of their necessary health care. The possibility of abuse of the reception system should also be restricted by specifying the circumstances in which accommodation, food, clothing and other essential non-food items provided in the form of financial allowances or vouchers may be replaced with reception conditions provided in kind and the circumstances in which the daily allowance may be reduced or withdrawn while at the same time ensuring an adequate standard of living for all applicants.

RemovedRecital 49: (49) Since the objective of this Directive, namely to establish common standards for the reception conditions of applicants in Member States, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of this Directive, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union (TEU). In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.

RemovedCommon minimum standards in receptions conditions are vital in discouraging secondary movements of irregular migrants.

RemovedArticle 2 – paragraph 1 – point 1: (1) ‘application for international protection’: means an application for international protection as defined in Article [(2)(7)] of Regulation (EU) No XXX/XXX [Qualification Regulation];

RemovedArticle 2 – paragraph 1 – point 2: (2) ‘applicant’: means an applicant as defined in Article [(2)(8)] of Regulation (EU) No XXX/XXX [Qualification Regulation];

RemovedArticle 2 – paragraph 1 – point 3: (3) ‘family members’ means family members as defined in Article 2(g) of Regulation (EU) xxx/xxx [Dublin Regulation];

RemovedArticle 2 – paragraph 1 – point 7: (7) ‘material reception conditions’: means the reception conditions that include housing, food, clothing and other essential non-food items matching the needs of the applicants in their specific reception conditions, such as sanitary items, medical devices or education material, provided in kind, or as financial allowances or in vouchers, or a combination of the three, and a daily expenses allowance;

RemovedArticle 2 – paragraph 1 – point 7 a (new): (7a) ‘adequate standard of living’: means a quality of life such as to guarantee the health and well-being of the applicant and his or her family, particularly as regards access to the necessary food, clothing, housing, education, health care and social services;

RemovedArticle 2 – paragraph 1 – point 10: (10) ‘absconding’: means a deliberate action of an applicant aiming to avoid the applicable asylum procedures by not remaining available to the relevant authorities;

RemovedArticle 2 – paragraph 1 – point 11: (11) 'risk of absconding': means the proven existence of specific reasons in an individual case, which are based on objective and specific criteria in accordance with standards developed by the European Union Agency for Asylum and with national law, to believe that an applicant may abscond, not including criteria of a general nature such as merely being an applicant within the meaning of Regulation (EU).../...[Procedures Regulation], or the applicant's nationality;

RemovedArticle 2 – paragraph 1 – point 13: (13) ‘applicant with specific reception needs’: means an applicant who is deemed to be in need of specific conditions or guarantees in order to benefit from the rights and comply with the obligations provided for in this Directive, potentially falling within any of the following categories: applicants who are minors, unaccompanied minors, disabled people, elderly people, pregnant women, single women, adolescent girls, women-headed households, lesbian, gay, bisexual, trans and intersex persons, single parents with minor children, victims of human trafficking, victims of child, early or forced marriage, non-believers, apostates and religious minorities, persons with serious illnesses, persons with mental disorders, including post-traumatic stress disorder, and persons who have been subjected to torture, rape or other serious forms of psychological, physical, bias-motivated, sexual or gender-based violence, such as victims of female genital mutilation.

RemovedArticle 3 – paragraph 3: deleted / (deleted)

RemovedArticle 3 – paragraph 3 a (new): 3a. Member States shall apply this Directive to all unaccompanied minors from the moment of their arrival on the territory of the Member State to the moment of their qualification as a refugee or grant of subsidiary protection status under Regulation (EU) XXX/XXX [Qualification Regulation], or the grant of some other form of humanitarian protection, or their transfer to a third country, in accordance with their best interests, under national law.

RemovedArticle 4 – paragraph 1: Member States may introduce or retain more favourable provisions as regards reception conditions for applicants and their family members or other close relatives who are present in the same Member State, or for humanitarian reasons, insofar as these provisions are compatible with this Directive.

RemovedArticle 5 – paragraph 1 – subparagraph 1: Member States shall inform applicants, at the time the person concerned makes an application or at the latest prior to the moment of registration, of any established benefits and of the obligations with which they must comply relating to reception conditions. They shall as a minimum point out in the information provided which reception conditions the applicants are entitled to, the consequences of absconding, the grounds for detention, the grounds for replacement, reduction or withdrawal of any material reception conditions and the applicant´s right to appeal against detention or decisions relating to the replacement, reduction or withdrawal of material reception conditions. The minimum information shall also include any information relevant to an applicant’s personal circumstances that may result in that applicant being considered an applicant with specific reception needs or in need of special procedural guarantees as provided for in this Directive and [the Procedure Regulation] respectively.

RemovedArticle 5 – paragraph 1 – subparagraph 2: Member States shall ensure that applicants are provided with information on organisations or groups of persons that provide specific legal assistance, free legal assistance and representation and organisations that might be able to help or inform them concerning the available reception conditions, including health care.

RemovedArticle 5 – paragraph 2: 2. Member States shall ensure that the information referred to in paragraph 1 is in writing in a concise, transparent, intelligible and easily accessible form, using clear and plain language on the basis of a standard template which shall be developed by the European Union Agency for Asylum and in a language that the applicant understands or is reasonably supposed to understand. Where necessary, this information shall also be supplied orally and in a visual form through videos or pictograms, shall be adapted to the needs of minors or persons with specific reception needs and shall take into account the applicant’s individual circumstances.

RemovedArticle 6 – paragraph 1: 1. Member States shall provide applicants with a travel document without delay, when the presence of the applicant is required in another State. This includes circumstances where an applicant needs to travel to another State for one or more of the following reasons: / (a) for medical treatment; / (b) to visit relatives in particular cases, such as for visits to family members or other close relatives who are seriously ill, or to attend marriages or funerals of family members or other close relatives; / (c) in cases where applicants have been granted access to the labour market, to perform essential travel for work purposes; / (d) there is a requirement for applicants to travel as part of study curricula; / (e) minors need to travel with foster families. / The validity of the travel document shall be limited to the purpose or duration needed for the reason for which it is issued. The travel document shall allow for multiple re-entries to the territory of the issuing Member State within the period of its validity.

RemovedArticle 6 – paragraph 1 a (new): 1a. Member States shall not require applicants to provide unnecessary or disproportionate documentation or impose other administrative requirements on applicants for the sole reason that they are applicants for international protection, or on the sole basis of an applicant’s nationality, before granting them the rights to which they are entitled under this Directive.

RemovedArticle 7 – paragraph 2 – subparagraph 1 – introductory wording: 2. Member States may where necessary decide on the residence of an applicant in a specific place such as an accommodation centre, a private house, flat, hotel or other premises adapted for housing applicants, on the basis of objective criteria defined by national law and of a decision by judicial authorities, for any of the following justified reasons:

RemovedArticle 7 – paragraph 2 – subparagraph 1 – point c: deleted

RemovedArticle 7 – paragraph 2 – subparagraph 1 – point d: (d) to effectively prevent the applicant from absconding where it has been established by the relevant authorities that there is a risk of absconding, in particular:

RemovedArticle 7 – paragraph 2 –subparagraph 1 – point d – indent 1: – for applicants who have deliberately not complied with the obligation to make an application in the first Member State of entry as set out in Article [4(1)] of Regulation (EU) No XXX/XXX [Dublin Regulation] in order to avoid the applicable asylum procedures, and have travelled to another Member State without adequate justification and made an application there; or

RemovedArticle 7 – paragraph 3: 3. Where there are reasons for considering that there is a risk that an applicant may abscond, Member States may, where necessary and proportionate and on the basis of a decision by judicial authorities, require the applicant to report to the competent authorities, or to appear before them in person, either without delay or at a specified time as frequently as necessary to effectively prevent the applicant from absconding but no more than once every working day. Such a decision shall be subject to an appeal or review before a judicial authority in accordance with Article 25.

RemovedArticle 7 – paragraph 4: 4. Member States shall provide for the possibility of granting applicants temporary permission to leave their place of residence or assigned area and to reside elsewhere. Decisions shall be taken objectively and impartially on the merits of the individual case and reasons shall be given if they are negative.

RemovedArticle 7 – paragraph 5: 5. Member States shall require applicants to inform the competent authorities of their current place of residence or address or a telephone number or, where applicable, electronic mail address where they may be reached and notify any change of address, or telephone number or electronic mail address to such authorities as soon as possible.

RemovedArticle 7 – paragraph 8: 8. Member States shall state reasons in fact and, where relevant, in law in any decision taken in accordance with this Article. Applicants shall be immediately informed in writing, in a language which they understand or are reasonably supposed to understand and in a concise, transparent, intelligible and easily accessible form, using clear and plain language, of the adoption of such a decision, of the procedures for challenging the decision in accordance with Article 25 and of the consequences of non-compliance with the obligations imposed by the decision.

RemovedArticle 8 – paragraph 1: 1. Member States shall not hold a person in detention for the sole reason that he or she is an applicant or on the basis of an applicant's nationality. The detention shall be based on a decision by judicial authorities, shall be strictly necessary for the purpose of securing the fulfilment of a specific and concrete obligation incumbent on the applicant, shall be ended as soon as the specific and concrete obligation has been fulfilled, and shall not be punitive in nature.

RemovedArticle 8 – paragraph 2 a (new): 2a. Applicants shall not be detained before an assessment of their specific reception needs pursuant to Article 21 has been carried out.

RemovedArticle 9 – paragraph 2: 2. Detention of applicants shall be ordered in writing by judicial authorities. The detention order shall state the reasons in fact and in law on which it is based. It shall also contain a reference to the consideration of the available alternatives and the reasons as to why they could not be applied effectively.

RemovedArticle 9 – paragraph 3: deleted

RemovedArticle 9 – paragraph 5: 5. Detention shall be reviewed by a judicial authority at reasonable intervals of time, ex officio and/or at the request of the applicant concerned, in particular whenever it is of a prolonged duration, relevant circumstances arise or new information becomes available which may affect the lawfulness of detention. Where, as a result of the judicial review, detention is held to be unlawful, the applicant concerned shall be released immediately.

RemovedArticle 9 – paragraph 6 – subparagraph 1: In cases of a judicial review of the detention order provided for in paragraph 5 of this Article, Member States shall ensure that applicants have access to free legal assistance and representation under the conditions set out in Article 25 (2) to (6).

RemovedArticle 9 – paragraph 6 – subparagraph 2: deleted

RemovedArticle 9 – paragraph 7: deleted / (deleted) / (deleted)

RemovedArticle 9 – paragraph 8: deleted / (deleted) / (deleted)

RemovedArticle 9 – paragraph 9: deleted

RemovedArticle 9 – paragraph 10: deleted

RemovedArticle 11 – paragraph 1 – subparagraph 1: 1. The health, including mental health, of applicants in detention who have specific reception needs shall be of primary concern to national authorities;

RemovedArticle 11 – paragraph 1 – subparagraph 2: Where applicants with specific reception needs are detained, Member States shall ensure regular monitoring and adequate support taking into account their particular situation, including their physical and mental health.

RemovedArticle 11 – paragraph 2 – subparagraph 1: Minors shall not be detained. Member States shall instead establish appropriate care arrangements and accommodate minors and families with minor children in accordance with Article 22(5) while their application for international protection is examined.

RemovedArticle 11 – paragraph 2 – subparagraph 2: The best interests of the child, as referred to in Article 22(2), shall be a primary consideration for Member States. Appropriate care arrangements and reception measures for minor children and their families shall be community based, the least intrusive possible and respect the right to privacy and family life.

RemovedArticle 11 – paragraph 2 – subparagraph 3: deleted

RemovedArticle 11 – paragraph 3: deleted / (deleted) / (deleted) / (deleted)

RemovedArticle 11 – paragraph 4: deleted

RemovedArticle 11 – paragraph 5 – subparagraph 1: 5. Member States shall ensure that detained male and female applicants are accommodated separately, unless they are family members and all individuals concerned consent thereto.

RemovedArticle 11 – paragraph 6: 6. In duly justified cases and for a reasonable period that shall be as short as possible Member States may derogate from the first subparagraph of paragraph 5, when the applicant is detained at a border post or in a transit zone.

RemovedAmendments aimed at prohibiting detention for minors are inextricably linked to admissible amendments under the draft report aiming to strengthen the conditions related to the deprivation of personal freedom, and also to enhance the provisions related to the treatment of vulnerable persons including minors, This Amendment is also inextricably linked with the Rapporteur’s admissible Amendment on Article 8 para. 3 (d) (AM 31 of the draft report).

RemovedArticle 14 – paragraph 1 – subparagraph 1: Member States shall grant to minor children of applicants and to applicants who are minors access to the education system under the same conditions as their own nationals. Such education shall be provided for the entire duration of the minors' presence in the territory of the Member State. It may be provided in accommodation centres as a temporary measure, until access to national education systems is ensured.

RemovedArticle 14 – paragraph 2: 2. Access to the education system shall not be postponed for more than one month from the moment when the application for international protection was made.

RemovedArticle 15 – paragraph 1 – subparagraph 1: Member States shall ensure that applicants have access to the labour market no later than two months from the date when the application for international protection was made.

RemovedArticle 15 – paragraph 1 – subparagraph 2: Where the Member State has established that the applicant has no right to international protection in accordance with points [(a) to (f)] of Article [40(1)] of Regulation (EU) No XXX/XXX [Procedures Regulation], access to the labour market shall not be granted.

RemovedArticle 15 – paragraph 1 a (new): 1a. Member States shall use their best endeavours to provide adequate training on employment legislation and non-discrimination to applicants and to authorities, in order to avoid exploitation in the workplace by means of undeclared work practices and other forms of severe labour exploitation, and to avoid discrimination from the date when the application for international protection was made.

RemovedArticle 15 – paragraph 2 – subparagraph 2: For reasons of labour market policies, and especially regarding youth unemployment levels, Member States may verify whether a vacancy could be filled, through preferential access, by nationals of the Member State concerned or by other Union citizens, or by third-country nationals lawfully residing in that Member State.

RemovedThis amendment specifies that Member States are able to adopt measures designed to ensure that greater attention is paid to their nationals and EU citizens when it comes to accessing the labour market. It also emphasises the desire to take due account of the problems relating to youth unemployment. This is a highly sensitive issue for EU citizens, and the signatories wish to make clear that, when it comes to accessing the labour market, there will be no special measures or quotas designed to help applicants for international protection to find work more easily than Member State nationals.

RemovedArticle 15 – paragraph 3 – subparagraph 1 – point a: (a) working conditions, including pay and dismissal, working hours, leave and holidays, as well as health and safety requirements at the workplace;

RemovedArticle 15 – paragraph 3 – subparagraph 1 – point c: (c) education and vocational training;

RemovedArticle 15 – paragraph 3 – subparagraph 1 – point c a (new): (ca) education and employment-related education opportunities for adults, including training courses for upgrading skills and practical workplace experience;

RemovedArticle 15 – paragraph 3 – subparagraph 1 – point d a (new): (da) access to educational and vocational guidance services afforded by employment services;

RemovedArticle 15 – paragraph 3 – subparagraph 1 – point e a (new): (ea) access to voluntary work;

RemovedArticle 15 – paragraph 3 – subparagraph 2 – point ii: deleted

RemovedArticle 15 – paragraph 3 – subparagraph 2 – point iii: deleted

RemovedArticle 15 – paragraph 5 a (new): 5a. Member States may allow applicants who have been granted access to the labour market in accordance with paragraph 1 and whose applications for international protection have been rejected to apply in-country for a residence permit issued using the format laid down in Regulation (EC) No 1030/20021a pursuant to national laws regulating access to the labour market for third country nationals. / 1a Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals (OJ L157, 15.6.2002, p. 1).

RemovedArticle 15 – paragraph 5 b (new): 5b. Where access to the labour market has been granted in accordance with paragraph 1, Member States shall also ensure that applicants are informed in writing of their employment rights under national law, in a language they can understand.

RemovedArticle 15 a (new): Article 15a / Language courses / Member States shall provide applicants with effective access to language courses and civic education courses free of charge from the date when the application for international protection was made. / However, Member States may require applicants to cover or contribute to the cost of such courses in accordance with the conditions set out in Article 16(4) and (5).

RemovedArticle 15 b (new): Article 15b / Vocational training / Member States shall grant applicants access to vocational training irrespective of whether they have access to the labour market. Access to vocational training relating to an employment contract may depend on the extent to which the applicant has access to the labour market in accordance with Article 15.

RemovedArticle 16 – paragraph 2 – subparagraph 1: Member States shall ensure that material reception conditions provide an adequate standard of living for applicants and their families, which guarantees their subsistence and protects their physical and mental health.

RemovedArticle 16 – paragraph 2 – subparagraph 2: Member States shall ensure that that standard of living is met in the specific situation of applicants with specific reception needs as well as in relation to the situation of persons who are in detention.

RemovedArticle 16 – paragraph 4 – subparagraph 1: Member States may require applicants to cover or contribute to the cost of the material reception conditions provided for in paragraph 3, only where the applicants have sufficient resources, for example if they have been working for a reasonable period of time.

RemovedArticle 16 – paragraph 4 – subparagraph 2: If Member States establish that an applicant had sufficient means to cover material reception conditions at the time when those basic needs were being covered, they may ask the applicant for a refund.

RemovedArticle 16 – paragraph 5: 5. When assessing the resources of an applicant, when requiring an applicant to cover or contribute to the cost of the material reception conditions or when asking an applicant for a refund in accordance with paragraph 4, Member States shall fully respect the principle of proportionality. Member States shall also take into account the individual circumstances of the applicant and the need to respect his or her dignity or personal integrity, including the applicant's specific reception needs. Member States shall in all circumstances ensure that the applicant is provided with a standard of living which guarantees his or her subsistence and protects his or her physical and mental health.

RemovedArticle 17 – paragraph 1: 1. Where housing is provided in kind, it shall supply an adequate standard of living. It shall be suitable for applicants in light of their specific situation and needs during the application procedure and not require them to make unnecessary moves between different accommodation. It shall take one or a combination of the following forms:

RemovedArticle 17 – paragraph 3: 3. Member States shall take into consideration gender, age and diversity-specific concerns and the situation of applicants with specific reception needs when providing material reception conditions.

RemovedArticle 17 – paragraph 4: 4. When providing accommodation, Member States shall take appropriate measures to prevent assault and gender-based violence, including sexual assault and harassment and all forms of violence committed with a bias and discriminatory motive related to the victims' personal characteristics, as referred to in Article 22(3) of Directive 2012/29/EU of the European Parliament and of the Council1a. / 1aDirective 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA ( OJ L 315, 14.11.2012, p. 57).

RemovedArticle 17 – paragraph 4 a (new): 4a. Member States shall provide separate sanitary facilities for female applicants and safe place in accommodation centres for them and their minor children.

RemovedArticle 17 – paragraph 5: 5. Member States shall ensure, as far as possible, that dependent adult applicants with specific reception needs are accommodated together with close adult relatives who are already present in the same Member State and who are responsible for them whether by law or by the practice of the Member State concerned.

RemovedArticle 17 – paragraph 7: 7. Persons providing material reception conditions, including health care and education, and those working in accommodation centres, shall be adequately trained and shall be bound by the confidentiality rules provided for in national law in relation to any information they obtain in the course of their work.

RemovedArticle 17 – paragraph 9 – subparagraph 2: Such different conditions shall in any circumstances ensure full access to health care in accordance with Article 18 and an adequate standard of living for all applicants.

RemovedArticle 17 – paragraph 9 – subparagraph 3: When resorting to those exceptional measures, the Member State concerned shall inform the Commission and the European Union Agency for Asylum without delay, stating the reasons for those measures. It shall also inform the Commission and the European Union Agency for Asylum as soon as the reasons for applying these exceptional measures have ceased to exist.

RemovedArticle 17a: deleted / (deleted) / (deleted) / (deleted) / (deleted)

RemovedArticle 18 – paragraph 1: 1. Member States shall ensure that applicants, irrespective of where they are required to be present in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation], receive the necessary primary and secondary health care under the same conditions as their own nationals from the moment when the application for international protection was made. Such health care shall include, at least, emergency care and essential treatment of illnesses, including of serious mental disorders and sexual and reproductive health care.

RemovedArticle 18 – paragraph 1 a (new): 1a. Member States shall ensure that minor children of applicants and applicants who are minors receive the same access to health care as their own nationals who are minors. Treatment provided in accordance with this paragraph shall not be interrupted for the sole reason of a minor coming to age.

RemovedArticle 18 – paragraph 2: 2. Member States shall provide necessary medical or other assistance to applicants who have specific reception needs, including appropriate mental health care where needed and rehabilitation services.

RemovedArticle 19 – paragraph 1: 1. With regard to applicants Member States may, in the situations described in paragraph 2, and on the basis of a decision by judicial authorities:

RemovedArticle 19 – paragraph 1 – point b: (b) reduce or, in exceptional and duly justified cases, withdraw the daily allowances, while still guaranteeing an adequate standard of living.

RemovedArticle 19 – paragraph 2 – subparagraph 1 – point c: (c) has made a subsequent application as defined in Article [4(2)(i)] of Regulation (EU) No XXX/XXX [Procedures Regulation]; or

RemovedArticle 19 – paragraph 2 – subparagraph 1 – point f: (f) intentionally fails to attend compulsory integration measures; or

RemovedArticle 19 – paragraph 3: 3. Decisions for replacement, reduction or withdrawal of material reception conditions shall be taken objectively and impartially on the merits of the individual case and reasons shall be given. Decisions shall be based on the particular situation of the person concerned, especially with regard to applicants with specific reception needs, taking into account the principle of proportionality. Member States shall under all circumstances ensure access to health care in accordance with Article 18 and shall ensure an adequate standard of living for all applicant.;

RemovedArticle 20 – paragraph 1: Member States shall take into account the specific situation of applicants with specific reception needs, as defined in Article 2 (13), in the national law implementing this Directive.

RemovedArticle 21 – paragraph 1 – subparagraph 1: In order to effectively implement Article 20, Member States shall systematically and individually assess whether the applicant is an applicant with specific reception needs, with the assistance of a qualified interpreter where needed. Member States shall also indicate the nature of such needs, the measures to be taken to respond to them and the authorities responsible for such a response. Member States shall also ensure that applicants can indicate themselves that they have specific needs and that those indications are assessed.

RemovedArticle 21 – paragraph 1 – subparagraph 2: That assessment shall be initiated by a responsible authority as soon as possible and in any event no later than 15 days after an application for international protection is made, shall be completed within 30 days and shall be integrated into existing national procedures or into the assessment referred to in Article [19] of Regulation (EU) No XXX/XXX [Procedures Regulation]. Member States shall ensure that those specific reception needs are also addressed, in accordance with this Directive, if they become apparent at a later stage in the asylum procedure, or if the applicant expresses a reasoned request to have his or her specific reception needs reassessed.

RemovedArticle 21 – paragraph 1 – subparagraph 3: Member States shall ensure that the support provided to applicants with specific reception needs in accordance with this Directive takes into account their specific reception needs throughout the duration of the asylum procedure and shall provide for appropriate monitoring of their situation.

RemovedArticle 21 – paragraph 1 a (new): 1a. Where detention would put at risk their physical and psychological integrity, applicants with specific reception needs shall not be detained.

RemovedArticle 21 – paragraph 2 – point a: (a) are trained and continues to be trained to detect first signs that an applicant requires specific receptions conditions and to address those needs when identified;

RemovedArticle 21 – paragraph 2 – point b: (b) include information concerning the applicant's specific reception needs in the applicant's file, together with the indication of the signs referred to in point (a) and the applicant's observations on the need to benefit from specific reception support as well as recommendations as to the type of support that may be needed by the applicant;

RemovedArticle 21 – paragraph 2 – point c: (c) refer applicants to a doctor or a psychologist, for further assessment of their psychological and physical state where there are indications that applicants may have been victim of torture, rape or of another serious form of psychological, physical, sexual, bias-motivated, or gender-based violence and that this could affect the reception needs of the applicant; in such cases the doctor or psychologist shall be trained in carrying out such assessments and supported by a qualified interpreter; and;

RemovedArticle 21 – paragraph 2 – point d: (d) take into account the result of that examination, including the applicant's observations on the need to benefit from specific reception support,when deciding on the type of specific reception support which may be provided to the applicant.

RemovedArticle 21 – paragraph 4: 4. Only applicants with specific reception needs may benefit from the specific support provided in accordance with this Directive.

RemovedArticle 22 – paragraph 1: 1. The best interests of the child shall be a primary consideration for Member States when implementing the provisions of this Directive that may affect minors. Member States shall ensure a standard of living adequate for the minor’s physical, mental, spiritual, moral and social development.

RemovedArticle 22 – paragraph 2 – point b: (b) the minor’s well-being and social development, taking into particular consideration the minor’s background, such as his or her ethnic, religious, cultural and linguistic background and further having regard to the need for stability and continuity in care and access to health and education services;

RemovedArticle 22 – paragraph 2 – point c: (c) safety and security considerations, in particular where there is a risk of the minor being a victim of any form of violence or exploitation, including trafficking in human beings;

RemovedArticle 22 – paragraph 5: 5. Member States shall ensure that minor children of applicants or applicants who are minors are lodged with their parents or with the adult responsible for them and their unmarried minor siblings whether by law or by the practice of the Member State concerned, provided it is in the best interests of the minors concerned. For that reason, and in accordance with the principle of family unity, parents or legal or customary primary caregivers shall not be detained. Minors and families with minor children shall be accommodated together in non-custodial, community-based placements while their application for international protection is examined.

RemovedArticle 22 – paragraph 6: 6. Those working with minors, including with unaccompanied minors, shall not have a criminal record, especially with regard to any child-related crimes or offenses and shall receive continuous and appropriate training concerning the rights and needs of unaccompanied minors, including concerning any applicable child safeguarding standards , and shall be bound by the confidentiality rules provided for in national law, in relation to any information they obtain in the course of their work.

RemovedArticle 23 – paragraph 1 – subparagraph 1: Member States shall from the moment when an unaccompanied minor arrives in a Member State take measures to ensure that a guardian represents and assists the unaccompanied minor to enable him or her to benefit from the rights and comply with the obligations provided for in this Directive. The guardian appointed in accordance with Article [22] of Regulation (EU) No XXX/XXX [Procedures Regulation] may perform those tasks. The unaccompanied minor shall be informed immediately of the appointment of the guardian. Where an organisation is appointed as guardian, it shall designate a person responsible for carrying out the duties of guardian in respect of the unaccompanied minor, in accordance with this Directive. The guardian shall perform his or her duties in accordance with the principle of the best interests of the child, as prescribed in Article 22 (2), shall have the necessary qualifications and expertise, shall receive ongoing and appropriate training to that end and shall not have a criminal record, in particular as regards any child-related crimes or offences. The competent authorities shall regularly review the criminal records of appointed guardians in order to identify potential incompatibilities with their role. In order to ensure the minor’s well-being and social development referred to in Article 22 (2)(b), the person acting as guardian shall be changed only when necessary. Organisations or individuals whose interests conflict or could potentially conflict with those of…

RemovedArticle 23 – paragraph 1 – subparagraph 2: Member States shall ensure that a guardian is not placed in charge of a disproportionate number of unaccompanied minors at the same time that would render him or her unable to perform his or her tasks effectively, and in any case of no more than 20. 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 informed in a concise, transparent, intelligible and easily accessible form, using clear and plain language both orally and in a visual form, in a child-friendly manner and in a language they understand, about who these entities or persons are and how to file complaints against their guardians in confidence and safety.

RemovedArticle 23 – paragraph 1 – subparagraph 2 a (new): Member States shall provide unaccompanied minors upon their arrival with: / (a) immediate access to health care and education under the same conditions as their nationals who are minors; / (b) all necessary information concerning their rights, relevant procedures and protection measures in a child-friendly manner and in a language they understand. To this end, the European Asylum Support Office shall assist Member States in producing information materials for children on their reception conditions.

RemovedArticle 24 – paragraph 1: 1. Member States shall ensure that persons who have been subjected to sexual and gender-based violence, other forms of bias-motivated violence, torture, rape or other serious acts of psychological, physical or sexual violence are provided with integrated and holistic rehabilitation services for the damage caused by such acts. Such services shall include access to appropriate medical and psychological treatment or care as well as qualified counselling, with the support of a qualified interpreter where needed. Access to such services shall be provided as early as possible after a victim has been identified.

RemovedArticle 24 – paragraph 2: 2. Those working with the persons referred to in paragraph 1, including health professionals in charge of implementing paragraph 1, shall have had and shall continue to receive appropriate training concerning their needs and appropriate rehabilitation methods. They shall also be bound by the confidentiality rules provided for in national law and applicable professional ethics codes in relation to any information they obtain in the course of their work.

RemovedArticle 25 – paragraph 1: 1. Member States shall ensure that decisions relating to the granting, replacement, withdrawal or reduction of benefits under this Directive or decisions taken under Article 7 or Article 9 which affect applicants individually may be the subject of an appeal within the procedures laid down in national law. The possibility of an appeal or a review, in fact and in law, before a judicial authority shall be granted. Where a decision taken under Article 7 or Article 9 applies for a period exceeding two months, reviews shall be carried out by a judicial authority ex-officio at reasonable intervals.

RemovedArticle 25 – paragraph 2 – subparagraph 1: In cases of an appeal or a review before a judicial authority referred to in paragraph 1, Member States shall ensure that free legal assistance and representation is made available on request, in order to ensure effective access to justice. Such legal assistance and representation shall include, at least, the preparation of the required procedural documents, the preparation of the appeal and participation in the hearing before the judicial authorities on behalf of the applicant.

RemovedArticle 25 – paragraph 2 – subparagraph 2: Free legal assistance and representation shall be provided by legal advisers or other suitably qualified persons as admitted or permitted under national law to assist or represent the applicants, whose interests do not conflict or could not potentially conflict with those of the applicant. Such persons may include non-governmental organisations accredited under national law to provide advisory services or representation.

RemovedArticle 25 – paragraph 3 – subparagraph 1 – introductory part: 3. The provision of free legal assistance and representation in the appeal procedure may be denied only where:

RemovedArticle 25 – paragraph 3 – subparagraph 1 – point a: (a) the applicant has sufficient resources; or

RemovedArticle 25 – paragraph 3 – subparagraph 1 – point b: (b) the appeal is at a second level of appeal or higher as provided for under national law, including re-hearings or reviews of appeal, and that second level of appeal is considered to have no tangible prospect of success.

RemovedArticle 25 – paragraph 3 – subparagraph 2: Where a decision not to grant free legal assistance and representation is taken by an authority which is not a court or tribunal on the ground that the appeal is considered as having no tangible prospect of success, the applicant shall have the right to an effective remedy before a court or tribunal against that decision, and for that purpose he or she shall be entitled to request free legal assistance and representation.

RemovedArticle 25 – paragraph 4 – introductory part: 4. Member States shall also:

RemovedArticle 25 – paragraph 4 – point a: (a) impose monetary limits or time limits on the provision of free legal assistance and representation, provided that such limits do not arbitrarily restrict access to free legal assistance and representation or hinder the applicant's effective access to justice;

RemovedArticle 25 – paragraph 4 – point b: (b) provide that, as regards fees and other costs, the treatment of applicants shall not be less favourable than the treatment generally given to their nationals in matters pertaining to legal assistance.

RemovedArticle 25 – paragraph 5: 5. Member States may request total or partial reimbursement of any costs incurred where the decision to provide free legal assistance and representation was taken on the basis of false information supplied by the applicant.

RemovedArticle 25 – paragraph 6: 6. Member States shall lay down specific procedural rules governing how requests for free legal assistance and representation are filed and processed, or they shall apply the existing rules for domestic claims of a similar nature, provided that those rules do not render access to free legal assistance and representation impossible or excessively difficult.

RemovedArticle 28 – paragraph 1: 1. Each Member State shall draw up, in cooperation with local and regional authorities, civil society and international organisations, a contingency plan for situations of disproportionate pressure setting out the planned measures to be taken to ensure an adequate reception of applicants for international protection.

RemovedArticle 29 – paragraph 1: 1. Member States shall take appropriate measures to ensure that authorities and other organisations implementing this Directive have received the necessary training with respect to the needs of both male and female applicants, including minors. To that end, Member States shall make adequate funding available to local and regional authorities and international and civil society organisations, including by giving local and regional authorities the possibility to access the Asylum Migration and Integration Fund by means of national programmes. Member States shall integrate the European asylum curriculum developed by the European Union Agency for Asylum into the training of their personnel in accordance with Regulation (EU) No XXX/XXX [Regulation on the European Union Agency for Asylum]. They shall ensure that such training places particular importance on active identification of specific reception needs (the Age Gender and Diversity Approach) and adequate prevention and response activities with respect to sexual and gender-based violence and bias-motivated violence, from the date when the application for international protection was made. Member States shall ensure that personnel take into consideration information published by the European Asylum Support Office (EASO), such as the EASO Tool for Identification of persons with specific needs when developing such training.

RemovedArticle 30 – paragraph 1 – subparagraph 1: By [one year after the entry into force of this Directive] at the latest, and at least every three years thereafter, the Commission shall present a report to the European Parliament and the Council on the application of this Directive and shall propose any amendments that are necessary.

RemovedArticle 30 – paragraph 1 – subparagraph 2: Member States shall at the request of the Commission send the necessary information for drawing up the report by [six months after the entry into force of this Directive] and every two years thereafter.

RemovedIn 2016 the European Commission proposed a reform of the Common European Asylum System (CEAS) that included changing some directives into fully harmonised regulations and for reception conditions the Commissions proposed a recast of the existing directive with some further harmonisation. The Rapporteur accepts the Commission’s choice of legal instrument but considers that further harmonisation is necessary within the directive.

RemovedThe main elements of the Commission’s recast proposal aim to reduce asylum applicants leaving the Member State responsible for their application (secondary movements) by proposing punitive measures and increase integration of asylum applicants. The draft report of the Rapporteur also focusses on reducing secondary movement but is based on incentives and not punitive measures. As to integration, the Rapporteur proposes access to language courses and the labour market from day one of the application, to increase the applicant’s self-reliance and chances of integration in the host society. A further key element in the draft report aims to ensure that the fundamental rights of all asylum applicants are safeguarded and in order to achieve that the Rapporteur clarifies provisions for applicants with specific needs.

RemovedReducing Secondary Movements

RemovedThe Rapporteur does not share the punitive approach put forward in the Commission proposal but does accept that measures need to be taken to de-incentivise asylum applicants from leaving the Member State responsible for their application. The Rapporteur is of the view that the provision of high quality reception conditions, at the same level throughout the EU will be the most important factor in preventing secondary movements.

RemovedThe draft report maintains the possibility for freedom of movement to be restricted in certain specific cases to prevent secondary movement but these cases have been limited and a number of safeguards, such as judicial review, have been added. The Rapporteur clarifies the definition of absconding and deletes the possibility to provide a lower standard of reception conditions (dignified standard of living). The draft report greatly restricts the use of detention and this will only be possible with the highest safeguards and under the strictest conditions.

RemovedIntegration

RemovedThe Rapporteur considers that applicants’ self-reliance and chances of integration in the host society will be truly increased if they have access to the labour market and language courses from day one of the procedure.

RemovedThe Commission proposes to reduce the maximum period of nine months for access to the labour market by applicants to six months. The Rapporteur proposes to provide for immediate access to the labour market and deletes the possibility of using a labour market test. The Rapporteur’s proposal will mean that applicants whose applications are likely to be successful will be more self-reliant from the outset as they will be able to integrate effectively, learn the local language, and contribute to the host society.

RemovedThe Rapporteur supports the Commission’s proposal for equal treatment of asylum applicants with EU nationals regarding working conditions, education, vocational training and the recognition of diplomas. In addition, the Rapporteur proposes that Member States shall provide language courses from the start the of the application procedure to increase integration prospects for the applicant in the Member State where they are living

RemovedTo increase integration and stability for the applicants, the Rapporteur introduces the obligation for Member States to find appropriate housing from the outset to avoid applicants being rehoused in multiple reception centres and temporary accommodation.

RemovedSafeguarding fundamental rights

RemovedThe Rapporteur believes that all asylum applicants should be safe during their application process and a key to achieving that by making sure the fundamental rights of all applicants are safeguarded within the reception process. Extra measures are necessary to protect the fundamental rights for applicants with special needs and the Rapporteur welcomes the Commission’s proposals for specific rules for applicants with special needs, which are further clarified in the draft report.

RemovedThe Rapporteur underlines the importance of quick identification of persons with special reception needs and monitoring throughout the application procedure, training of personnel on the identification of persons with special reception needs, child-friendly reception conditions as well as full access to necessary healthcare, including sexual and reproductive health services and mental healthcare.

RemovedIn addition, the Rapporteur’s proposal stresses the Member States’ obligations under international law, the EU’s common values as enshrined in Article 2 TEU and the Charter of Fundamental Rights of the European Union, United Nations Convention on the Rights of the Child and the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention) to combat and prevent sexual and gender based violence, as well as all other forms of hate crime when providing accommodation.

RemovedSHORT JUSTIFICATION

RemovedThe proposed reform of the Common European Asylum System aims at shaping a more sustainable, fairer and holistic EU migration policy, based on the principles of fair sharing of responsibility and solidarity among Member States.

RemovedThe quality of reception standards is fundamental to the increase of the chances for asylum seekers and refugees, arriving in unprecedented numbers, to effectively integrate and therefore reduce their dependency on the host country. However, the sustainability of the whole process depends upon a series of essential elements, such as a well-functioning legislative framework and efficient administrations; a decisive political commitment by national and European political and institutional actors; social cohesion, inclusiveness and the socio-economic well-being of our countries.

RemovedWith a view to this, all new rules on reception must be future-proof, meaning designed to work outside the emergency logic which has been defining the response to the refugee crisis up until now. This is necessary in order to create the conditions for turning the challenge of integration into an opportunity and a resource for society in the long term. At the same time, reforms must also be realistic, present-proof, meaning capable of taking into due consideration the macroeconomic situation of our continent after years of protracted crisis.

RemovedIn the view of the rapporteur, the goal of this EMPL opinion should be to present an overall assessment on whether the above-mentioned conditions are properly balanced in the legislative proposal under scrutiny and offer some adjustments accordingly. Such assessment is only partially positive.

RemovedThe rapporteur welcomes the ambitious set of proposals with regards access to employment put forward by the Commission. Lowering the threshold for accessing the labour market to applicants of international protection to six months is a substantial improvement to current rules, and is coherent with the position of the European Parliament as expressed in its resolution on the social inclusion and integration of refugees into the labour market. He also supports encouraging Member States to accelerate further such access whereby applicants have good prospects of integration. By contrast, he is not in favour of the possibility to deny access when they fall under accelerated procedure and, therefore, under the assumption of an unfounded claim. Such a provision would constitute, in his opinion, a violation of article 3 of the Geneva Convention and its spirit. The rapporteur also welcomes the clarifications on the need to ensure that such access is effective, and proposes additions to the text by mentioning some of the main examples of restrictive conditions observed in the Member States, namely sectoral and working time restrictions and excessive administrative formalities.

RemovedNew provisions for applicants with special reception needs are a very significant improvement to the current situation, and the rapporteur fully endorses all proposals aimed at ensuring that Member States systematically assess whether an applicant has special reception needs.

RemovedOn a negative note, the rapporteur strongly disagrees with the measures aimed at reducing secondary movements by denying material reception conditions to applicants of international protection if they are not in the Member State responsible for their application under currently revised asylum rules. In his opinion, this represents an unacceptable reduction of refugees’ rights compared to the present, clearly contrary to the jurisprudence of European Court of Justice. Besides, this seems to suggest that secondary movements are mostly driven by the different quality of reception standards among Member States. Indeed, reception standards shall be improved throughout the EU. However, the strong correlation between, on the one hand, the socio-economic situation of the Member States, the employment prospects they may offer and the overall quality of their services and, on the other, the refugees’ individual asylum preferences, seems the predominant factor determining such secondary movements. Some countries have been disproportionately exposed to the arrivals for geographical reasons, while also bearing - again disproportionately - the effects of the economic crisis, which has resulted in the shrinking of available public resources for reception measures. High unemployment and dire socioeconomic conditions in a Member State represent an impediment to the very objective of the reform, as they reduce the integration prospects of applicants. It also risks increasing competition within the labour market vis-à-vis nationals and EU citizens, which might lead to a further rise of anti-immigrant sentiments. The attempt of blocking secondary movements with a punitive approach against asylum seekers, instead of ensuring an orderly management of migration flows, would only exacerbate already difficult situations. Such an approach, rather than a rational and functional answer to a very complex problem, seems to denote a continued lack of mutual trust and the unwillingness to establish a truly fair, genuinely European, asylum system.

RemovedAlthough outside the recast exercise, the rapporteur proposes a modification to the rules on detention: minors and unaccompanied minors shall never be detained

RemovedAMENDMENTS

RemovedThe Committee on Employment and Social Affairs calls on the Committee on Civil Liberties, Justice and Home Affairs, as the committee responsible, to take into account the following amendments:

RemovedRecital 3: (3) The Common European Asylum System (CEAS) is based on a system for determining the Member State responsible for applicants for international protection and common standards for asylum procedures, reception conditions and procedures and rights of beneficiaries of international protection. Notwithstanding the significant progress that has been made in the development of the CEAS, there are still notable differences between the Member States with regard to the types of procedures used, the reception conditions provided to applicants, the recognition rates and the type of protection granted to beneficiaries of international protection. These divergences, together with the fact that there are very different macroeconomic and labour market situations in the Member States, undermine the objective of ensuring standardised reception conditions for all applicants wherever they apply in the Union.

RemovedRecital 5: (5) Reception conditions continue to vary considerably between Member States both in terms of how the reception system is organised and in terms of the standards provided to applicants. The persistent problems in ensuring adherence to the reception standards required for a dignified treatment of applicants in some Member States has contributed to a disproportionate burden falling on a few Member States with generally high reception standards which are then under pressure to reduce their standards. At the same time, frontline Member States are disproportionally facing the weight of large arrivals of migrants and asylum seekers, putting their reception means under heavy pressure and risking a further deterioration in the quality of the standards offered. More harmonised reception standards set at an appropriate level across all Member States will contribute to a more dignified treatment and fairer distribution of applicants across the EU.

RemovedRecital 8: deleted

RemovedRecital 11: (11) In order to ensure that applicants are aware of the consequences of absconding, Member States should inform applicants in a uniform manner, as soon as possible and at the latest when they lodge their application, of all the obligations with which applicants must comply relating to reception conditions, including the circumstances under which the granting of material reception conditions may be restricted and of any benefits. Member States should provide this information through appropriate interpretation and translation wherever necessary so that applicants fully understand and are aware of their rights and of the legal requirements that they must abide by.

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

RemovedRecital 13: (13) An applicant who has deliberately not applied for international protection in the Member State either of first entry or, in case of legal presence, in the Member State of legal stay or residence, is less likely to be allowed to stay in the Member State where the application was made.

RemovedRecital 15: deleted

RemovedRecital 16: (16) For duly justified serious reasons of public interest or public order, Member States should be able to assign the applicant residence in a specific place, where necessary, such as an open accommodation centre, a private house, flat, hotel or other premises adapted for housing applicants. In case the applicant is entitled to material reception conditions, such material reception conditions should also be provided to the applicant residing in this specific place.

RemovedRecital 18: (18) All decisions restricting an applicant's freedom of movement always need to be motivated by the competent authorities and based on the individual behaviour and particular situation of the person concerned, taking into account any special reception needs of applicants and the principle of proportionality. Applicants must be duly informed of such decisions and of the consequences of non-compliance.

RemovedRecital 19: (19) In view of the serious consequences for applicants who have absconded or who are considered to be at risk of absconding, the meaning of absconding should be defined in view of encompassing both a deliberate action to avoid the applicable asylum procedures and the factual circumstance of not remaining available to the relevant authorities.

RemovedRecital 30: (30) In applying this Directive, Member States should seek to ensure full compliance with the principles of the best interests of the child and of family unity, in accordance with the Charter of Fundamental Rights of the European Union, the 1989 United Nations Convention on the Rights of the Child and the European Convention for the Protection of Human Rights and Fundamental Freedoms respectively. Reception conditions need to be adapted to the specific situation of minors, whether unaccompanied or within families, with due regard to their security, housing and nutrition, physical and emotional care, and education, which should all be provided in a manner that effectively allows for their general development.

RemovedRecital 30 a (new): (30a) Unaccompanied minors should be adequately protected whilst in the Union, in particular by means of identifying unaccompanied children upon disembarkation, registering them, carrying out a preliminary risk assessment and ensuring referral to relevant child protection services.

RemovedRecital 31: (31) Member States should ensure that applicants receive the necessary health care which should include, at least, maternity medical aid and sexual and reproductive health services, emergency care and essential treatment of illnesses, including of mental disorders. To respond to public health concerns with regard to disease prevention and safeguard the health of individual applicants, applicants' access to health care should also include preventive medical treatment, such as vaccinations. Member States may require medical screening for applicants on public health grounds. The results of medical screening should not influence the assessment of applications for international protection, which should always be carried out objectively, impartially and on an individual basis in line with Regulation (EU) No XXX/XXX [Procedures Regulation].

RemovedRecital 32: (32) Member States should in all circumstances ensure access to health care and a dignified standard of living for applicants in line with the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of the Child, in particular by providing for the applicant's subsistence and basic needs both in terms of physical safety and dignity and in terms of interpersonal relationships, with due regard to the inherent vulnerabilities of the person as applicant for international protection and that of his or her family or caretaker. Due regard must also be given to applicants with special reception needs. The specific needs of children, in particular with regard to respect for the child's right and access to education, as well as access to healthcare and childcare, have to be taken into account by the Member States. The specific needs of women applicants who have experienced gender-based harm should be taken into account, including via ensuring access, at different stages of the asylum procedure, to medical care, legal support, and to appropriate trauma counselling and psycho-social care. Consideration should be given to the fact that any applicant for asylum may have experienced physical violence, including sexual violence, and /or mental trauma and will therefore need appropriate care.

RemovedRecital 34: (34) In order to promote the self-sufficiency of applicants and to limit wide discrepancies between Member States, it is essential to provide clear rules on the applicants' access to the labour market and to ensure that such access is effective, by not imposing conditions, including sector restrictions, working time restrictions and unduly strict administrative formalities, that effectively hinder an applicant from seeking employment. Member States should also take effective steps to ensure that the entry of applicants for international protection into the labour market is not achieved through a lowering of applicable salaries, which could then lead to wage dumping practices. In order to increase integration prospects and self-sufficiency of applicants, immediate access to the labour market and to language courses should be encouraged from the date when the application for international protection was lodged. Labour market tests used to give priority to nationals or to other Union citizens or to third-country nationals legally resident in the Member State concerned should not hinder effective access for applicants to the labour market and should be implemented without prejudice to the principle of preference for Union citizens as expressed in the relevant provisions of the applicable Acts of Accession.

RemovedRecital 35: deleted

RemovedRecital 36: (36) Once applicants are granted access to the labour market, they should enjoy equal treatment with nationals as regards working conditions, including pay and dismissal, health and safety requirements at the workplace, working time and leave, taking into account collective agreements in force. Applicants should also enjoy equal treatment as regards freedom of association and affiliation, education and employment-related education opportunities for adults, including language learning and training courses for upgrading skills and practical workplace experience, advice services afforded by employment offices, vocational training, the recognition of professional qualifications and social security.

RemovedRecital 39: deleted

RemovedBasing restrictions on the “possible temporary nature of the stay of applicants” fails to afford asylum seekers - who are presumptive refugees throughout the examination of their claim - “the most favourable treatment accorded to nations of a foreign country in the same circumstances”, which contravenes Article 17 of the Refugee Convention.

RemovedArticle 2 – paragraph 1 – point 10: (10) 'absconding': means the deliberate action by an applicant to avoid the asylum procedures and not to remain available to the competent authorities or to the court or tribunal;

RemovedArticle 2 – paragraph 1 – point 11: (11) 'risk of absconding': means the existence of specific reasons in an individual case, which are based on objective and specific criteria defined by national law in accordance with guidelines of the European Union Agency for Asylum, to believe that an applicant may abscond;

RemovedArticle 2 – paragraph 1 – point 13: (13) ‘applicant with special reception needs’: means an applicant who is in need of special guarantees in order to benefit from the rights and comply with the obligations provided for in this Directive , such as applicants who are minors, unaccompanied minors, disabled people, elderly people, pregnant women, single parents with minor children, victims of human trafficking, persons with serious illnesses, persons with mental disorders and with mental health issues and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence, such as victims of female genital mutilation .

RemovedArticle 5 – paragraph 1 – subparagraph 1: Member States shall inform applicants, as soon as possible and at the latest when they are lodging their application for international protection, at least of any established benefits and of the obligations with which they must comply relating to reception conditions. They shall also point out to applicants all relevant information concerning the possible replacement, reduction or withdrawal of material reception conditions as set out in Article 19 of this Directive.

RemovedArticle 6 – paragraph 1: Member States shall provide applicants with a travel document without delay, when the presence of the applicant is required in another Member State, in particular for reasons such as when an applicant needs to travel to another State for medical treatment or to visit relatives in particular cases, such as for visits to close relatives who are seriously ill, or to attend the marriages or funerals of close relatives. Other such reasons include situations where applicants who have been granted access to the labour market are required to perform essential travel for work purposes, where applicants are required to travel as part of study curricula or where minors are travelling with foster families. The validity of the travel document shall be limited to the purpose and duration needed for the reason for which it is issued.

RemovedArticle 6 – paragraph 1 a (new): Member States shall not impose unnecessary or disproportionate documentation or other administrative requirements on applicants before granting them the rights to which they are entitled under this Directive for the sole reason that they are applicants for international protection.

RemovedArticle 7 – paragraph 2 – subparagraph 1 – introductory part: 2. Member States may, where necessary, proportionate and duly justified, decide on the residence of an applicant in an open reception centre or specific accommodation for any of the following reasons:

RemovedArticle 7 – paragraph 2 – subparagraph 1 – point d – indent 1: - for applicants who have deliberately not complied with the obligation to make an application in the first Member State of entry as set out in Article [4(1)] of Regulation (EU) No XXX/XXX [Dublin Regulation] or have travelled to another Member State without adequate justification; or

RemovedArticle 7 – paragraph 2 – subparagraph 1 – point d – indent 3: - for applicants who have been sent back to the Member State where they are required to be present in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation] after having absconded.

RemovedArticle 15 – paragraph 1 – subparagraph 1: Member States shall ensure that applicants have access to the labour market no later than 6 months from the date when the application for international protection was lodged.

RemovedArticle 15 – paragraph 1 – subparagraph 2: deleted

RemovedArticle 15 – paragraph 1 a (new): 1a. Member States shall provide applicants effective access to language courses from the date when the application for international protection was lodged, in order to integrate them and enable them to capitalise fully on their formal qualification and thus contribute to society.

RemovedArticle 15 – paragraph 1 b (new): 1b. Member States are encouraged to provide adequate training on employment legislation and non-discrimination to applicants and to authorities, in order to avoid exploitation in the workplace by means of undeclared work practices and other forms of severe labour exploitation, and to avoid discrimination from the date when the application for international protection was lodged.

RemovedArticle 15 – paragraph 3 – subparagraph 1 – point b: (b) freedom of association and affiliation and membership of an organisation representing workers or employers or of any organisation whose members are engaged in a specific occupation, including the rights and benefits conferred by such organisations, without prejudice to the national provisions on public policy and public security;

RemovedArticle 15 – paragraph 3 – subparagraph 1 – point c a (new): (ca) education and employment-related education opportunities for adults, including training courses for upgrading skills and practical workplace experience;

RemovedArticle 15 – paragraph 3 – subparagraph 1 – point d a (new): (da) access to educational and vocational guidance services afforded by employment services;

RemovedArticle 15 – paragraph 3 – subparagraph 2 – point ii: deleted

RemovedArticle 15 – paragraph 3 – subparagraph 2 – point iii: deleted

RemovedArticle 15 – paragraph 3 – subparagraph 2 a (new): The restrictions to equal treatment referred to in points (ii) and (iii) shall not be applied to minors, parents of minor children and legal or customary primary caregivers.

RemovedApplying the restrictions set out in paragraph 3, points (ii) and (iii) of art. 15 to minors (or parents of minors and legal or customary primary caregivers, with a subsequent impact on minors) would amount to discrimination under the UN Convention on the Rights of the Child (art. 2(1) [non-discrimination] combined with articles 26(1) and (2) [right to social security] and 28(1)(b) [right to equal access to vocational education]."Article 2 1. States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. "Article 26 1. States Parties shall recognise the right for every child to benefit from social security, including social insurance, and shall take the necessary measures to achieve the full realization of this right in accordance with their national law. 2. The benefits should, where appropriate, be granted, taking into account the resources and the circumstances of the child and persons having responsibility for the maintenance of the child…" "Article 28 1. States Parties recognise the right of the child to education, and with a view to achieving this right progressively and on the basis of equal opportunity, they shall, in particular: (b) Encourage the development of different forms of secondary education, including general and vocational education, make them available and accessible to every child, and take appropriate measures such as the introduction of free education and offering financial assistance in case of need;"

RemovedArticle 15 – paragraph 5: deleted

RemovedArticle 15 – paragraph 5 a (new): 5a. Where access to the labour market has been granted in accordance with paragraph 1, Member States shall also ensure that applicants are informed in writing, in a language they understand, of their employment rights in accordance with national law.

RemovedArticle 16 – paragraph 1 a (new): 1a. For minors and families with minor children, material reception conditions shall also ensure a standard of living adequate for the child's physical, mental, spiritual, moral and social development. In line with the principle of non-discrimination, minors and families with minor children falling within the scope of this Directive shall be entitled to access the same family services as national children and national families with children.

RemovedChildren cannot only be provided with a standard of living that guarantees their subsistence and protects their health: they are entitled to a standard of living that promotes their development (physical, mental, spiritual etc.), thereby allowing them to plan for their future [article 27, UNCRC].

RemovedArticle 16 – paragraph 5: 5. When asking an applicant for a refund in accordance with paragraph 4, Member States shall observe the principle of proportionality and take into account the individual circumstances of the applicant and the need to respect his or her dignity or personal integrity, including the applicant's special reception needs. Member States shall in all circumstances ensure that the applicant is provided with a standard of living which guarantees his or her subsistence and protects his or her physical and mental health.

RemovedArticle 17 – paragraph 9 – subparagraph 2: Such different conditions shall in any circumstances ensure access to health care in accordance with Article 18 and an adequate standard of living for all applicants.

RemovedArticle 17 a: deleted / (deleted) / (deleted) / (deleted) / (deleted)

RemovedArticle 18 – paragraph 1: 1. Member States shall ensure that applicants receive the necessary physical and mental health care which shall include, at a minimum, emergency care and essential treatment of illnesses, including of serious mental disorders.

RemovedArticle 19 – paragraph 1 – introductory part: 1. On the basis of a decision by a competent authority, Member States may, in the situations described in paragraph 2:

RemovedArticle 19 – paragraph 2 – point g: (g) has not complied with the obligation set out in Article [4(1)] of Regulation (EU) No XXX/XXX [Dublin Regulation] or has deliberately travelled to another Member State without adequate justification; or

RemovedArticle 19 – paragraph 2 – point g a (new): (ga) has seriously breached the law of the Member State to which he or she has made an application for international protection;

RemovedArticle 19 – paragraph 2 – point h: (h) has been sent back after having absconded.

RemovedArticle 23 – paragraph 1 – subparagraph 1: Member States shall as soon as an unaccompanied minor makes an application for international protection take measures to ensure that a guardian represents and assists the unaccompanied minor to enable him or her to benefit from the rights and comply with the obligations provided for in this Directive. The guardian appointed in accordance with Article [22] of Regulation (EU) No XXX/XXX [Procedures Regulation] may perform those tasks. The unaccompanied minor shall be informed immediately of the appointment of the guardian. Where an organisation is appointed as guardian, it shall designate a person responsible for carrying out the duties of guardian in respect of the unaccompanied minor, in accordance with this Directive. The guardian shall perform his or her duties in accordance with the principle of the best interests of the child, as prescribed in Article 22 (2), shall have the necessary expertise and receive continuous and appropriate training to that end, and shall not have a verified criminal record, with particular regard to any of child-related crimes or offences. After his or her appointment, the guardian's criminal record shall be regularly reviewed by the competent authorities to identify potential incompatibilities with his or her role. In order to ensure the minor's well-being and social development referred to in Article 22 (2)(b), the person acting as guardian shall be changed only when necessary. Organisations or individuals whose interests conflict or could pote…

RemovedArticle 23 – paragraph 1 – subparagraph 1 a (new): In order to protect unaccompanied minors from exploitation and trafficking, Member States shall identify unaccompanied children upon disembarkation, register them, carry out a preliminary risk assessment and ensure referral to relevant child protection services.

RemovedArticle 23 – paragraph 1 – subparagraph 2: Member States shall ensure that guardians are placed in charge of an adequate and limited number of unaccompanied minors at the same time to allow them to be able to perform their 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.

RemovedWhen mentioning the necessary expertise the guardian should have, it is important to specify, as the Reception Directive does, that such expertise be aimed at enabling the guardian to perform his or her duties in the best interests of the child. Such expertise needs to be combined with appropriate and continuous training provided by the competent authorities. That the candidate to a position of guardianship hasn’t a verified record of child-related crimes or offences is not enough. Other crimes or offences should also lead to discard a candidate, as the guardian is responsible for the overall well-being of the unaccompanied minor and should thus be a person of unblemished integrity. Even after appointment, regular checks of his/her criminal record are made necessary by the sensitive nature of the role. The expression “a disproportionate number” leaves too much room for interpretation, which may lead to misuses. Need to be more prescriptive: the expression “adequate and limited number of unaccompanied minors” has this objective. The addition at the end of the subparagraph of paragraph 1 aims at encouraging and enabling children to participate in and contribute to the monitoring of guardianship systems.

RemovedArticle 29 – paragraph 2 a (new): 2a. Member States shall provide appropriate training and support for staff likely to encounter the physical and mental health needs of applicants entering the labour market.