Changes from plenary report to adopted text

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.