Changes from plenary report to adopted text

RemovedRecital 3 a (new): (3a) At present, Member States only recognise asylum decisions issued by other Member States where those decisions refuse to grant international protection. A move by Member States towards a mutual recognition of asylum decisions issued by other Member States which grant international protection to persons in need would ensure the proper implementation of Article 78(2) of the Treaty on the Functioning of the European Union (TFEU), which calls for a uniform status of asylum, valid throughout the Union,.

RemovedRecital 4: (4) In its Communication of 6 April 2016,32 the Commission set out its options for improving the CEAS, namely to establish a sustainable and fair system for determining the Member State responsible for asylum seekers, to reinforce the Eurodac system, to achieve greater convergence in the EU asylum system, to prevent secondary movements within the European Union and a new mandate for the European Union Agency for Asylum (the Agency). That Communication is in line with calls by the European Council on 18-19 February 201633 to make progress towards reforming the EU's existing framework so as to ensure a humane and efficient asylum policy. However, the Communication fails to propose a way forward in line with the holistic approach to migration set out by the European Parliament in its own initiative report of 12 April 2016.

RemovedRecital 5: (5) A common Union policy on international protection should be based on a uniform status. To move towards a well-functioning CEAS, substantial progress should be made regarding the convergence of national asylum systems with special regard to differing recognition rates and type of protection status in the Member States. At the same time, it is important not to overburden administratively the authorities of the Member States. Accordingly, rules should be strengthened to ensure that protection is granted to those who need it. While acknowledging the legal differences between refugee status and subsidiary protection status, a harmonised duration for residence permits should be established, which should take full account of the current best practice in the Member States. In order to ensure that equal high standards of protection are achieved in all Member States, the rights granted to beneficiaries of international protection should be further clarified and harmonised.

RemovedRecital 6: (6) A Regulation is therefore necessary to ensure a faster and more consistent level of harmonisation throughout the Union and to provide a higher degree of legal certainty and transparency.

RemovedRecital 7: (7) The main objective of this Regulation is, on the one hand, to ensure that Member States apply common criteria for the identification of persons genuinely in need of international protection and, on the other hand, to ensure that a common set of rights is available to refugees and beneficiaries of subsidiary protection in all Member States.

RemovedRecital 8: (8) The further approximation of rules on the recognition and content of refugee and subsidiary protection status should moreover help to limit the secondary movement of applicants for international protection and beneficiaries of international protection between Member States.

RemovedRecital 9: (9) This Regulation does not apply to other national humanitarian statuses granted by Member States under their national law to those who do not qualify for the refugee status or the subsidiary protection status.

RemovedRecital 10: (10) Successful resettlement candidates should be granted international protection. Accordingly, the provisions of this Regulation on the content of international protection should apply.

RemovedRecital 11: (11) This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union (the Charter), the European Convention on Human Rights (the ECHR) and the European Social Charter. In particular this Regulation seeks to ensure full respect for human dignity and the right to asylum of applicants for asylum and their accompanying family members and to promote the application of the Charter's Articles relating to human dignity, respect for private and family life, freedom of expression and information, right to education, freedom to choose an occupation and right to engage in work, freedom to conduct a business, right to asylum, protection in the event of removal, expulsion or extradition, equality before the law, non-discrimination, rights of the child, social security and social assistance, health care, and should therefore be implemented accordingly.

RemovedRecital 13: (13) The resources of the Asylum, Migration and Integration Fund should be used to provide adequate support to Member States’ efforts in implementing the high standards set by the Regulation, with priority to those Member States that are faced with specific and disproportionate pressure on their asylum systems, due in particular to their geographical or demographic situation. While the general principle of the prohibition of double funding should be respected, Member States should take full advantage, at all levels of governance, of the possibilities offered by funds which are not directly related to asylum and migration policy but which can be used to fund actions in that area, for example integration actions, such as the funds available under the European Social Fund, the Fund for European Aid to the Most Deprived, Horizon 2020, the European Regional Development Fund, and the Rights, Equality and Citizenship Programme. Those funds should be made directly accessible to local and regional authorities for actions that fall directly under their responsibilities.

RemovedRecital 14: (14) The Agency should provide adequate support in the application of this Regulation, in particular by providing experts to assist the Member State authorities to receive, register, and examine applications for international protection, providing updated information regarding third countries, including Country of Origin Information, and other relevant guidelines and tools. When applying this Regulation, Member States' authorities should take into account operational standards, indicative guidelines, and best practices developed by the Agency. When assessing applications for international protection, Member States' authorities should take into account the information, reports, common analysis and guidance on the situation in countries of origin developed at Union level by the Agency and the European networks on country of origin information in accordance with Articles 8 and 10 of Regulation34. In addition, when assessing applications for international protection, Member States' authorities should take into account all relevant information from the UNHCR and from relevant civil society organisations.

RemovedRecital 15: (15) When applying this Regulation the ‘best interests of the child’ should be a primary consideration, in line with the 1989 United Nations Convention on the Rights of the Child. In assessing the best interests of the child, Member States' authorities should in particular take due account of the principle of family unity, the minor’s well-being and social development, the minor's cultural origin and linguistic skills, safety and security considerations and the views of the minor in accordance with his or her age and maturity. Children applicants then turning 18 before a decision on their application is taken would thus still benefit from family unity.

RemovedRecital 16: (16) The notion of family members should take into account family diversity, the different particular circumstances of dependency and the special attention to be paid to the best interests of the child. It should also reflect the reality of current migratory trends, according to which applicants often arrive to the territory of the Member States after a prolonged period of time in transit. The notion should therefore include families formed outside the country of origin, but before their arrival on the territory of the Member State, excluding, in all cases, forced marriages. The notion of spouse and unmarried partner should not distinguish the spouses or such partners on the basis of their gender.

RemovedRecital 21 a (new): (21a) While the burden of proof rests, in principle, on the applicant to substantiate his or her application, the duty to ascertain and evaluate all the relevant facts is shared between the applicant and the determining authority. Where aspects of the applicant's statements are not supported by documentary or other evidence, he or she should be given the benefit of the doubt if he or she has made a genuine effort to substantiate his or her application and has submitted all relevant elements at his or her disposal, and his or her statements are found to be coherent and plausible.

RemovedRecital 22: (22) In particular, it is necessary to introduce common concepts of protection needs arising sur place, sources of harm and protection, and persecution, including the reasons for persecution.

RemovedRecital 23: (23) Protection can be provided, where they are willing and able to offer protection, either by the State or by parties or organisations, mandated by the State, including international organisations, meet the conditions set out in this Regulation, and control a region or a larger area within the territory of the State. Such protection should be effective and of a non-temporary nature.

RemovedRecital 24: (24) Internal protection against persecution or serious harm might be effectively available to the applicant in a part of the country of origin where he or she can safely and legally travel to, gain admittance to and can reasonably be expected to settle. It should be possible for the assessment of whether such internal protection exists to form part of the assessment of the application for international protection, provided that the State or agents of the State are not the actors of persecution or serious harm. Notwithstanding the obligation of the applicant to cooperate during the procedure, the burden of demonstrating the availability of internal protection should exclusively fall on the determining authority. However, this should not preclude the applicant from presenting evidence to rebut any finding by the determining authority that internal protection is available.

RemovedRecital 25: (25) Where the State or agents of the State are the actors of persecution or serious harm, there should be a presumption that effective protection is not available to the applicant and the provision relating to internal protection should not apply. The assessment of the best interests of the child should be a primary consideration of the relevant authorities when assessing the conditions for internal protection in the case of minors, including the availability of appropriate care and custodial arrangements where the applicant is an unaccompanied minor.

RemovedRecital 26: (26) It is necessary, when assessing applications from minors for international protection, that the determining authorities have regard to child-specific forms of persecution, trafficking and exploitation of any kind, or to the absence of protection against such acts of persecution.

RemovedRecital 27: (27) One of the conditions for qualification for refugee status within the meaning of Article 1(A) of the Geneva Convention is the existence of a causal link between the reasons for persecution, namely race, religion or belief, nationality, political opinion or membership of a particular social group, and the acts of persecution or the absence of protection against such acts.

RemovedRecital 28: (28) It is equally necessary to introduce a common concept of the persecution ground ‘membership of a particular social group’. For the purposes of defining a particular social group, issues arising from an applicant’s gender, including gender identity, gender expression, sex characteristics and sexual orientation, and the fact of having been a victim of trafficking for sexual exploitation, which may be related to certain legal traditions and customs, resulting in for example genital mutilation, forced sterilisation or forced abortion, should be given due consideration in so far as they are related to the applicant’s well-founded fear of persecution. The applicant's well-founded fear of persecution can arise from the perception that he or she belongs to a particular social group.

RemovedRecital 29: (29) In accordance with relevant case law of the Court of Justice of the European Union and the European Court of Human Rights, when assessing applications for international protection, the competent authorities of the Member States should use methods for the assessment of the applicant's credibility in a manner that respects the individual's rights as guaranteed by the Charter and the European Convention for the Protection of Human Rights and Fundamental Freedoms, in particular the right to human dignity and the respect for private and family life. Specifically as regards sexual orientation and gender identity, the individual assessment of the applicant's credibility should not be based on stereotyped notions concerning sexual orientation and gender identity and the applicant should not be submitted to detailed questioning or tests as to his or her sexual practices. Moreover, the competent national authorities should not consider that the applicant’s statements lack credibility on the sole ground that the applicant did not rely on his or her sexual orientation, gender identity, gender expression or sex characteristics when he or she first set out the details of his or her persecution.

RemovedRecital 30: (30) Acts contrary to the purposes and principles of the United Nations are set out in the Preamble and Articles 1 and 2 of the Charter of the United Nations and are, amongst others, embodied in the United Nations resolutions relating to measures combating terrorism, which declare that ‘acts, methods and practices of terrorism are contrary to the purposes and principles of the United Nations’ and that ‘knowingly financing, planning and inciting terrorist acts are also contrary to the purposes and principles of the United Nations’. Membership of a terrorist group or participation in the activities of a terrorist group is also contrary to the purposes and principles of the United Nations.

RemovedRecital 31: (31) Committing a political crime is not in principle a ground justifying exclusion from international protection. However, in accordance with relevant case law of the Court of Justice of the European Union, particularly cruel actions, where the act in question is disproportionate to the alleged political objective, and terrorist acts which are characterised by their violence towards civilian populations, even if committed with a purportedly political objective, should be regarded as non-political crimes and therefore can give rise to exclusion from international protection.

RemovedRecital 31 a (new): (31a) The recognition of subsidiary protection status is a declaratory act.

RemovedRecital 32: (32) Standards for the definition and content of subsidiary protection status should also be laid down. Subsidiary protection should be complementary and additional to the refugee protection enshrined in the Geneva Convention. While the grounds for protection differs between refugee and subsidiary protection, the ongoing need for protection may be similar in duration.

RemovedRecital 34: (34) For the purpose of assessing serious harm which may qualify applicants as eligible for subsidiary protection, the notion of indiscriminate violence, in accordance with relevant case law of the European Court of Justice and the European Court of Human Rights, should include violence that may extend to people irrespective of their personal circumstance. Factors to be taken into account when determining whether indiscriminate violence exists could include external aggression, occupation, foreign domination, internal conflicts, severe violations of human rights or events seriously disturbing public order in the country of origin, or in a part thereof.

RemovedRecital 36: (36) As regards the required proof in relation to the existence of a serious threat to the life or person of an applicant, in accordance with relevant case law of the Court of Justice of the European Union36 and the European Court of Human Rights, the required level of harm needs not be equivalent to torture or inhuman or degrading treatment or punishment. However, the level of indiscriminate violence required to substantiate the application is lower if the applicant is able to show that he is specifically affected by reason of factors particular to his personal circumstance. Moreover, the existence of a serious threat should be established by the determining authorities solely on account of the presence of the applicant on the territory or relevant part of the territory of the country of origin provided the degree of indiscriminate violence characterising the armed conflict taking place reaches such a high level that there are substantial grounds for believing that a civilian, returned to the country of origin or to the relevant part of country of origin, would, solely on account of his or her presence on the territory of that country or region, face a real risk of being subject to the serious threat.

RemovedRecital 37: (37) The residence permit and the travel documents issued to beneficiaries of international protection following the entry into force of this Regulation should comply with the rules laid down by Regulation (EC) No 1030/2002 and Council Regulation (EC) No 2252/2004 respectively.

RemovedRecital 38: (38) Family members, due to their close relationship to the refugee, will normally be vulnerable to acts of persecution in such a manner that could be the basis for international protection. Provided they do not qualify for international protection, for the purpose of maintaining family unity, family members, including siblings, who are present in the same Member State in relation to the application for international protection, shall be entitled to claim a residence permit and the same rights accorded to beneficiaries of international protection. Without prejudice to the provisions related to maintaining family unity in this Regulation, where the situation falls within the scope of Directive 2003/86/EC on the right to family reunification and the conditions for reunification set out thereof are fulfilled, family members of the beneficiary of international protection who do not individually qualify for such protection should be granted residence permits and rights in accordance with that Directive. This Regulation shall be applied without prejudice to Directive 2004/38/EC.

RemovedRecital 39: (39) With a view to ascertaining whether beneficiaries of international protection are still in need of protection, determining authorities should, in particular, review the granted status when a significant relevant change in the beneficiaries' country of origin occurs as indicated by common analysis and guidance on the situation in the country of origin provided at Union level by the Agency and the European networks on country of origin information in accordance with Articles 8 and 10 of Regulation37.

RemovedRecital 40: (40) When assessing a change of circumstances in the third country concerned, the competent authorities of the Member States shall verify, having regard to the individual situation of the beneficiary of international protection, that the actor or actors of protection in that country have taken necessary steps to prevent the persecution, that they therefore operate, inter alia, an effective legal system for the detection, prosecution and punishment of acts constituting persecution and that the national concerned will have access to such protection, can safely gain admittance to the country and can reasonably be expected to settle there if the refugee status ceases to exist.

RemovedRecital 41: (41) When the status of the beneficiary of international protection ceases to exist, the application of the decision by which the determining authority of a Member State withdraws the status should be deferred for a reasonable period of time after adoption, in order to give the third-country national or stateless person concerned the possibility to apply for residence on the basis of other grounds than those having justified the granting of international protection, such as family reasons, or reasons related to employment or to education, in accordance with relevant Union and national law.

RemovedRecital 41 a (new): (41a) The principle of the benefit of the doubt reflects the recognition of the considerable difficulties that applicants face in obtaining and providing evidence to support their claim. The general legal principle is that the burden of proof lies with the applicant for international protection and that the duty to ascertain and evaluate all the relevant facts is shared between the applicant and the determining authority. However, the applicant should be given the benefit of the doubt where aspects of his or her statements are not supported by documentary or other evidence, where he or she has made a genuine effort to substantiate his or her application and has submitted all relevant elements at his or her disposal, and where his or her statements are found to be coherent and plausible.

RemovedRecital 42: (42) Beneficiaries of international protection should reside in the Member State which granted them protection. Those beneficiaries who are in possession of a valid travel document and a residence permit issued by a Member State applying the Schengen acquis in full, should be allowed to enter into and move freely within the territory of the Member States applying the Schengen acquis in full, within the authorised period of stay in accordance with Schengen Borders Code38 and with Article 21 of the Convention implementing the Schengen Agreement39. Beneficiaries of international protection can equally apply to reside in a Member State other than the Member State which granted protection, in accordance with relevant EU rules, notably on the conditions of entry and residence of third-country nationals for the purposes of highly skilled employment40 and national rules; however, this does not imply any transfer of the international protection and related rights.

RemovedRecital 43: (43) Beneficiaries of international protection, if found in a Member State other than the Member State having granted them protection without fulfilling the conditions of stay or reside, should be taken back by the Member State responsible in accordance with the procedure laid down by Regulation41. Unaccompanied minors who are beneficiaries of international protection should only be taken back by the Member State responsible in accordance with the procedure laid down by Regulation [Dublin Regulation].

RemovedRecital 44: (44) To encourage beneficiaries of international protection to remain in the Member State that granted them such protection, the duration of residence permits granted to them should be harmonised for an appropriate period of time.

RemovedRecital 45: (45) The notion of national security and public order covers cases in which a third-country national belongs to an association which supports international terrorism. The notion of particularly serious crime includes offences such as participation in a criminal organisation, terrorism, trafficking in human beings, sexual exploitation of children, murder, grievous bodily injury, illicit trafficking in weapons, munitions and explosives, corruption, rape, and crimes within the jurisdiction of the International Criminal Court.

RemovedRecital 47: deleted

RemovedRecital 48: (48) Competent authorities may restrict the access to employed or self-employed activities as regard posts which involve the exercise of public authority, and responsibility for safeguarding the general interest of the State or other public authorities.

RemovedRecital 49: (49) In order to enhance the effective exercise of the rights and benefits laid down in this Regulation by beneficiaries of international protection, it is necessary to take into account their specific needs and the particular integration challenges with which they are confronted, and facilitate their access to integration related rights in particular as regards employment-related educational opportunities and vocational training and access to recognition and authentication procedures for foreign diplomas, certificates and other evidence of formal qualifications in particular due to the lack of documentary evidence and their inability to meet the costs related to the recognition procedures.

RemovedRecital 49 a (new): (49a) In light of the fact that integration is a two-way process, respect for the values upon which the Union is founded and respect for the fundamental rights of the beneficiaries of international protection should be an integral part of the integration process. Integration should promote inclusion, rather than isolation, and the participation of all actors involved is crucial for its success. Member States, acting at national, regional and local level, should offer beneficiaries of international protection support and opportunities to integrate and build a life in their new society, which should include accommodation, literacy and language courses, inter-cultural dialogue, education and professional training, as well as effective access to democratic structures in society.

RemovedRecital 51: (51) In addition, especially to avoid social hardship, it is appropriate to provide beneficiaries of international protection with social assistance without discrimination. While the basis of protection may result in a different status determination, there is no difference in the material needs of the individual protected. In order to facilitate their integration, Member States should be given the possibility to make the access to certain types of social assistances specified in national law, conditional on the effective participation of the beneficiary of international protection in integration measures.

RemovedRecital 52: (52) Access to healthcare, including both physical and mental healthcare, as well as sexual and reproductive healthcare, should be ensured to beneficiaries of international protection.

RemovedRecital 52 a (new): (52a) Beneficiaries of international protection should enjoy access to goods and services and to the supply of goods and services made available to the public, including information and counselling services provided by employment offices.

RemovedRecital 53: (53) In order to facilitate the integration of beneficiaries of international protection into society, beneficiaries of international protection should have access to integration measures, in modalities to be set by the Member States. Member States may make the participation in such integration measures, such as language courses, civic integration courses, vocational training and other employment-related courses compulsory, provided that those integration measures are easily accessible, available and free of charge and that they take into account the special needs of beneficiaries of international protection, including childcare.

RemovedRecital 55: (55) In order to supplement this Regulation by specifying the form and content of the information to be provided to the beneficiaries of international protection on the rights and obligations related to their status, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making*. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. / (deleted)

RemovedArticle 2 – paragraph 1 – point 3: (3) ‘refugee’ means a third-country national who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion, gender, sexual orientation, gender identity, disability or membership of a particular social group, is outside the country of nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country, or a stateless person, who, being outside of the country of former habitual residence for the same reasons as mentioned , is unable or, owing to such fear, unwilling to return to it, and to whom Article 12 does not apply;

RemovedArticle 2 – paragraph 1 – point 9 – point a: (a) the spouse of the beneficiary of international protection or his or her unmarried partner in a stable relationship, where the law or practice of the Member State concerned treats unmarried couples in a way comparable to married couples under its relevant national law;

RemovedArticle 2 – paragraph 1 – point 9 – point b: (b) the minor children of the couples referred to in point (a) or of the beneficiary of international protection, the adult children for whom they have charge, regardless of whether they were born in or out of wedlock or adopted as defined or recognised under national law, as well as the children for whom they hold parental responsibility;

RemovedArticle 2 – paragraph 1 – point 9 – point c: (c) where the beneficiary of international protection is a minor, the father, mother or another adult responsible for that beneficiary, whether by law or by practice of the Member State concerned;

RemovedArticle 2 – paragraph 1 – point 10: (10) ‘minor’ means a third-country national or stateless person below the age of 18 years. This is to be assessed, where applicable, at the time his or her application for international protection is made;

RemovedArticle 2 – paragraph 1 – point 15: deleted

RemovedArticle 2 – paragraph 1 – point 16: (16) ‘determining authority’ means any judicial, quasi-judicial or administrative body in a Member State responsible for examining applications for international protection and competent to take decisions at first instance in such cases;

RemovedArticle 2 – paragraph 1 – point 19: (19) 'guardian' means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor in procedures provided for in this Regulation with a view to safeguarding the best interests of the child and his or her well-being and exercising legal capacity for the minor where necessary.

RemovedArticle 3 – paragraph 2 – subparagraph 1 a (new): Without prejudice to paragraph 1, Member States shall keep the possibility to grant family members the refugee status or subsidiary protection status in accordance with their national laws, regardless of whether they are subject to a risk of persecution or serious harm, in order to establish a uniform legal status within the family.

RemovedArticle 4 – paragraph 1: 1. The applicant shall submit all the elements available to him or her which substantiate the application for international protection. The applicant shall cooperate with the determining authority throughout the procedure, including during the assessment of the relevant elements of the application. The applicant shall remain present and available throughout the procedure. Where, due to extenuating circumstances, the applicant is not available at any point during the procedure, those extenuating circumstances shall be taken into account when any decision is taken concerning the applicant or his or her application for international protection.

RemovedArticle 4 – paragraph 2: 2. The elements referred to in paragraph 1 shall consist of the applicant’s statements and all the documentation at the applicant’s disposal regarding the applicant’s age, background, including that of relevant relatives, identity, nationality(ies), country(ies) and place(s) of previous residence, previous applications [for international protection and results of any resettlement procedure, travel routes, travel documents and the reasons for applying for international protection.

RemovedArticle 4 – paragraph 3: 3. The determining authority shall assess the relevant elements of the application for international protection in accordance with Article 33 of Regulation (EU)XXX/XXX [Procedures regulation.]

RemovedArticle 4 – paragraph 4: 4. The fact that an applicant has already been subject to persecution or serious harm, or to direct threats of such persecution or such harm, shall be considered a serious indication of the applicant’s well-founded fear of persecution or real risk of suffering serious harm.

RemovedArticle 4 – paragraph 5 – introductory part: 5. Where aspects of the applicant’s statements are not supported by documentary or other evidence, no additional evidence shall be required in respect of those aspects and the applicant shall be granted the benefit of the doubt where the following conditions are met:

RemovedArticle 4 – paragraph 5 – point a: (a) the applicant has made a genuine effort to substantiate his or her application for international protection;

RemovedArticle 4 – paragraph 5 – point b: (b) all relevant elements at the applicant's disposal have been submitted

RemovedArticle 4 – paragraph 5 – point d: deleted

RemovedArticle 5 – paragraph 3: 3. Provided that any decision on the application for international protection taken is fully in line with the Geneva Convention, the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Charter of Fundamental Rights of the European Union, an applicant who files a subsequent application in accordance with Article 42 of Regulation (EU)XXX/XXX [Procedures regulation] may be refused refugee status or subsidiary protection status if the risk of persecution or the serious harm is based on circumstances which the applicant has created by his or her own decision since leaving the country of origin for the sole purpose of being granted international protection. This shall exclude any circumstances independent of the applicant's will, including but not limited to his or her sexual orientation and religious beliefs, which the applicant may have concealed to various degrees while in the country of origin.

RemovedArticle 6 – paragraph 1 – introductory part: Actors of persecution or serious harm can be:

RemovedArticle 7 – paragraph 1 – introductory part: 1. Protection against persecution or serious harm can only be provided by:

RemovedArticle 7 – paragraph 1 – point b: (b) parties or organisations which are mandated by the State and control the State or a substantial part of the territory of the State.

RemovedArticle 7 – paragraph 1 – subparagraph 2: as long as they are willing and able to provide full, effective and durable protection against persecution or serious harm.

RemovedArticle 7 – paragraph 2: deleted

RemovedArticle 7 – paragraph 3: 3. When assessing whether an international organisation controls a State or a substantial part of its territory and provides protection as referred to in paragraph 2, determining authorities may take into account any guidance provided in relevant Union law, in particular available Union level country of origin information and the common analysis of country of origin information referred to in Articles 8 and 10 of Regulation (EU) No XXX/XX [ Regulation on the European Union Agency for Asylum ].

RemovedArticle 8 – paragraph 1 – introductory part: 1. As part of the assessment of the application for international protection, and provided that the State or agents of the State are not the actors of persecution or serious harm, the determining authority may determine that an applicant is not in need of international protection if he or she can safely and legally travel to and gain admittance to a part of the country of origin and can reasonably be expected to settle there and if, in that part of the country, he or she:

RemovedArticle 8 – paragraph 1 – point b: (b) has access to full, effective and durable protection against persecution or serious harm.

RemovedArticle 8 – paragraph 2: 2. Without prejudice to Article 4(1), the burden of demonstrating the availability of internal protection shall rest on the determining authority. That shall not preclude the applicant from presenting evidence to rebut any finding by the determining authority that internal protection is available. The applicant shall not be required to prove that, before seeking international protection, he or she has exhausted all possibilities to obtain protection in his or her country of origin.

RemovedArticle 8 – paragraph 4: 4. When considering the general circumstances prevailing in that part of the country which is the source of the protection as referred to in Article 7, the accessibility, effectiveness and durability of that protection shall be taken into account. When considering personal circumstances of the applicant, health, age, gender, sexual orientation, gender identity, ethnic origin, membership of a national minority and social status shall in particular be taken into account together with an assessment of whether living in the part of the country of origin regarded as safe would not impose undue hardship on the applicant.

RemovedArticle 8 – paragraph 4 a (new): 4a. Any decision not to provide international protection to a minor, whether accompanied or not, based on the availability of internal protection, shall be preceded by a formal procedure to determine the best interests of the minor. Where the applicant is an unaccompanied minor, the availability of appropriate care, custodial arrangements and durable solutions for his or her development should be part of the assessment of whether the protection is effectively guaranteed within the area where internal protection is presumed to exist.

RemovedArticle 9 – paragraph 1 – point a: (a) it is sufficiently serious by its nature or repetition as to constitute a severe violation of human rights, in particular the rights from which derogation cannot be made under Article 15(2) of the European Convention for the Protection of Human Rights and Fundamental Freedoms; or

RemovedArticle 9 – paragraph 2 – point a: (a) acts of physical or mental violence, including acts of sexual violence or trafficking for sexual exploitation;

RemovedArticle 9 – paragraph 2 – point e: (e) prosecution or punishment for refusal to perform military service on moral, religious or political grounds or due to belonging to a particular ethnic group or holding a particular citizenship and, in particular, where performing military service would include crimes or acts falling within the scope of the grounds for exclusion as set out in Article 12(2);

RemovedArticle 9 – paragraph 2 – point f: (f) acts of a gender-specific or child-specific nature, such as under-age recruitment, genital mutilation, forced marriage, child trafficking and child labour, domestic violence, trafficking for sexual exploitation, and violations of economic, social and cultural rights.

RemovedArticle 10 – paragraph 1 – point d – introductory part: (d) the concept of membership of a particular social group shall include, in particular, a group where:

RemovedArticle 10 – paragraph 1 – point d – indent 1: - members share an innate characteristic, or a common background that cannot be changed, or share a characteristic or belief that is so fundamental to identity or conscience that a person should not be forced to renounce it, or

RemovedArticle 10 – paragraph 1 – point d – subparagraph 2: depending on the circumstances in the country of origin, the concept shall include a group based on a common characteristic of sexual orientation and gender related aspects, including gender identity, gender expression and sex characteristics, and the fact of having been a victim of trafficking for sexual exploitation. Those aspects shall be given due consideration for the purposes of determining membership of a particular social group or identifying a characteristic of such a group;

RemovedArticle 10 – paragraph 3: 3. When assessing if an applicant has a well-founded fear of being persecuted, the determining authority cannot reasonably expect an applicant to behave discreetly or abstain from certain practices, where such behaviour or practices are inherent to his or her identity or conscience, to avoid the risk of persecution in his or her country of origin.

RemovedArticle 11 – paragraph 2 – point b: (b) shall take into account precise and up-to-date information obtained from all relevant sources, including Union level country of origin information and common analysis of country of origin information referred to in Articles 8 and 10 of the Regulation (EU) No XXX/XX [Regulation on the European Union Agency for Asylum] or information and guidance issued by the United Nations High Commissioner for Refugee.

RemovedArticle 12 – paragraph 1 – introductory part: 1. A third-country national or a stateless person shall be excluded from being a refugee under the scope of this Regulation if:

RemovedArticle 12 – paragraph 2 – point c: (c) he or she has been guilty of acts contrary to the purposes and principles of the United Nations as set out in the Preamble and Articles 1 and 2 of the Charter of the United Nations, including convictions on the grounds of participation in the activities of a terrorist group.

RemovedArticle 12 – paragraph 2 – subparagraph 1 a (new): The determining authority may apply this paragraph only after it has undertaken, for each individual case, an assessment of the specific facts brought to its attention, with a view to determining whether there are serious reasons for considering that the acts committed by the person in question, who otherwise satisfies the qualifying conditions for refugee status, fall within the scope of points (a), (b) or (c) of the first subparagraph.

RemovedArticle 12 – paragraph 3 a (new): 3a. Paragraph 2 shall not apply to minors.

RemovedArticle 12 – paragraph 5: deleted / (deleted) / (deleted)

RemovedArticle 12 – paragraph 6: deleted

RemovedArticle 14 – title: Withdrawal of refugee status / (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

RemovedArticle 14 – paragraph 1 – introductory part: 1. The determining authority shall withdraw the refugee status of a third-country national or stateless person where:

RemovedArticle 14 – paragraph 1 – point d: (d) there are reasonable grounds for regarding that he or she, having been convicted by a final judgment of a particularly serious crime, is a danger to the security of the Member State in which he or she is present;

RemovedArticle 14 – paragraph 1 – point e: deleted

RemovedArticle 14 – paragraph 1 – point f: deleted

RemovedArticle 14 – paragraph 2: 2. In the situation referred to in point (d) of paragraph 1, the determining authority may decide not to grant status to a refugee, where such a decision has not yet been taken.

RemovedArticle 14 – paragraph 3: 3. Persons to whom point (d) of paragraph 1 or paragraph 2 applies shall be entitled to rights set out in or similar to those set out in Articles 3, 4, 16, 22, 31, 32 and 33 of the Geneva Convention in so far as they are present in the Member State.

RemovedArticle 14 – paragraph 4: 4. Without prejudice to the duty of the refugee in accordance with Article 4(1) to disclose all the elements available to him or her which substantiate the application for international protection, the determining authority which has granted refugee status shall, on an individual basis, demonstrate that the person concerned has ceased to be or has never been a refugee for the reasons set out in paragraph 1 of this Article.

RemovedArticle 14 – paragraph 5: 5. Decisions of the determining authority withdrawing refugee status pursuant to point (a) of paragraph 1 shall only take effect three months after the decision is adopted, in order to provide the third-country national or stateless person with the opportunity to apply for residence in the Member State on other grounds in accordance with relevant Union and national law.

RemovedArticle 15 – paragraph 1 – introductory part: In applying Article 14(1), the determining authority may review the refugee status, in particular where information on countries of origin at Union level as referred to in Article 8 of Regulation (EU) No XXX/XX [Regulation on the European Union Agency for Asylum] and common analysis of country of origin information as referred to in Article 10 of that Regulation indicate a significant change in the country of origin which is relevant for the protection needs of the beneficiary.

RemovedArticle 15 – paragraph 1 – point a: deleted

RemovedArticle 15 – paragraph 1 – point b: deleted

RemovedArticle 15 – paragraph 1 a (new): Paragraph 1 shall not apply to unaccompanied minors, unless it is in their best interests.

RemovedArticle 16 – paragraph 1 – introductory part: Serious harm as referred to in Article 2 (5), consists solely of:

RemovedArticle 16 – paragraph 1 – point b: (Does not affect the English version.)

RemovedArticle 16 – paragraph 1 – point c: (c) a serious threat to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict.

RemovedArticle 17 – paragraph 2 – point b: (b) shall take into account precise and up-to-date information obtained from all relevant sources, including Union level country of origin information and the common analysis on country of origin information as referred in Articles 8 and 10 of the Regulation (EU) No XXX/XX [Regulation on the European Union Agency for Asylum] or information and guidance issued by the United Nations High Commissioner for Refugee.

RemovedArticle 18 – paragraph -1 (new): -1. A third-country national or a stateless person shall be excluded from being eligible for subsidiary protection if he or she is recognised by the competent authorities of the country in which he or she has taken up residence as having the rights and obligations which are attached to the possession of the nationality of that country, or rights and obligations equivalent to those.

RemovedArticle 18 – paragraph 1 – point b: (b) he or she has committed a serious non-political crime outside the country of protection prior to his or her admission as a beneficiary of subsidiary protection;

RemovedArticle 18 – paragraph 1 – point c: (c) he or she has been guilty of acts contrary to the purposes and principles of the United Nations as set out in the Preamble and Articles 1 and 2 of the Charter of the United Nations, including convictions on the grounds of participation in the activities of a terrorist group;

RemovedArticle 18 – paragraph 1 – subparagraph 1 a (new): The determining authority may apply this paragraph only after it has undertaken, for each individual case, an assessment of the specific facts brought to its attention, with a view to determining whether there are serious reasons for considering that the acts committed by the person in question, who otherwise satisfies the qualifying conditions for refugee status, fall within the scope of points (a), (b). (c), (d) or (e) of the first subparagraph.

RemovedArticle 18 – paragraph 1 a (new): 1a. Paragraph 2 shall not apply to minors.

RemovedArticle 18 – paragraph 2: 2. Points (a) to (d) of paragraph 2 shall apply to persons who incite or otherwise participate in the commission of the crimes or acts mentioned therein.

RemovedArticle 20 – title: Withdrawal of subsidiary protection status / (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

RemovedArticle 20 – paragraph 1 – introductory part: 1. The determining authority shall withdraw the subsidiary protection status of a third-country national or a stateless person where :

RemovedArticle 20 – paragraph 1 – point c: (c) his or her misrepresentation or omission of facts relevant to the merits of the application for international protection was decisive for the granting of subsidiary protection status;

RemovedArticle 20 – paragraph 1 – point d: deleted

RemovedArticle 20 – paragraph 2: 2. Without prejudice to the duty of the third-country national or stateless person pursuant to Article 4(1) to disclose all the elements available to him or her which substantiate the application for international protection, the Member State which has granted the subsidiary protection status shall, on an individual basis, demonstrate that the person concerned has ceased to be or is not eligible for subsidiary protection in accordance with paragraph 1 of this Article.

RemovedArticle 20 – paragraph 3: 3. Decisions of the determining authority withdrawing subsidiary protection status pursuant to paragraph 1 (a) shall only take effect three months after the decision is taken, in order to provide the third-country national or stateless person with the opportunity to apply for residence in the Member State on other grounds in accordance with relevant Union and national law.

RemovedArticle 21 – paragraph 1: In applying Article 20(1), the determining authority may review the subsidiary protection status in particular where information on countries of origin at Union level as referred to in Article 8 of Regulation (EU) No XXX/XX [Regulation on the European Union Agency for Asylum] and common analysis of country of origin information as referred to in Article 10 of that Regulation indicate a significant change in the country of origin which is relevant for the protection needs of the beneficiary.

RemovedArticle 21 – paragraph 1 – point a: deleted

RemovedArticle 21 – paragraph 1 – point b: deleted

RemovedArticle 21 – paragraph 1 a (new): Paragraph 1 shall not apply to unaccompanied minors, unless it is in their best interests.

RemovedArticle 22 – paragraph 1: 1. Without prejudice to the rights and obligations laid down in the Geneva Convention, beneficiaries of international protection shall have the rights and obligations laid down in this Chapter.

RemovedArticle 22 – paragraph 3: deleted

RemovedArticle 22 – paragraph 4: 4. When applying the provisions of this Chapter, the specific situation of persons with special needs such as minors, unaccompanied minors, disabled people, elderly people, pregnant women, single parents with children, victims of human trafficking, persons with mental disorders and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence shall be taken into account provided an individual evaluation of their situation establishes that they have special needs.

RemovedArticle 22 – paragraph 5: 5. When applying this Regulation, the best interests of the child shall be a primary consideration for Member States.

RemovedArticle 22 a (new): Article 22a / Member States shall ensure that any decisions taken by the determining authority under Chapters II, III, IV, V and VI of this Regulation may be subject to an appeal under procedures laid down in national law. At least in the last instance the possibility of an appeal or a review, in fact and law, before a judicial authority shall be granted.

RemovedArticle 23 – paragraph 2: deleted / (deleted) / (deleted) / (deleted)

RemovedArticle 24 – paragraph 1: The competent authorities shall provide beneficiaries of international protection with information on the rights and obligations relating to refugee status or subsidiary protection status, as soon as possible after that has been granted. That information shall be provided in a language that the beneficiary can understand and shall make explicit references to the consequences of not complying with the obligations outlined in Article 28 on movement within the Union and to all the rights related to integration set out in Section III of Chapter VII of this Regulation.

RemovedArticle 24 – paragraph 2: The Commission is empowered to adopt delegated acts in accordance with Article 42 in order to supplement this Regulation by specifying the form and content of the information to be provided in accordance with the first subparagraph.

RemovedArticle 25 – paragraph 1: 1. For the purposes of this Article and subject to its provisions, family members, as defined in Article 2(9), shall also include the siblings of the beneficiary of international protection. Those family members of a beneficiary of international protection who do not individually qualify for such protection shall be entitled to claim a residence permit in accordance with national procedures and insofar as this is compatible with the personal legal status of the family member.

RemovedArticle 25 – paragraph 3 a (new): 3a. Member States may refuse to issue a residence permit to a spouse or unmarried partner in a stable relationship where it is shown that the marriage or partnership was contracted for the sole purpose of enabling the person concerned to enter or reside in the Member State.

RemovedArticle 25 – paragraph 6: 6. Member States may decide that this Article also applies to other close relatives who lived together as part of the family at the time of leaving the country of origin or before the applicant arrived on the territory of the Member States.

RemovedArticle 26 – paragraph 1: 1. As soon as possible and in any event no later than 15 days after international protection has been granted, a residence permit shall be issued using the uniform format as laid down in Regulation (EC) No 1030/2002. / The residence permit for beneficiaries of international protection shall have a period of validity of five years and be renewable thereafter for periods of five years. / (deleted)

RemovedArticle 26 – paragraph 2 – introductory part: 2. Without prejudice to Council Directive 2003/109/EC, a residence permit shall not be renewed or shall be revoked in the following cases:

RemovedArticle 26 – paragraph 2 – point a: (a) where competent authorities withdraw the refugee status of a third-country national in accordance with Article 14 or the subsidiary protection status in accordance with Article 20;

RemovedArticle 26 – paragraph 2 – point b: deleted

RemovedArticle 26 – paragraph 2 – point c: (c) where compelling reasons of national security or public order so require.

RemovedArticle 27 – paragraph 1: 1. Competent authorities shall issue travel documents to beneficiaries of refugee status, in the form set out in the Schedule to the Geneva Convention and with the minimum security features and biometrics outlined in Council Regulation (EC) No 2252/200445 . Those travel documents shall be valid for at least five years.

RemovedArticle 27 – paragraph 2: 2. Competent authorities shall issue travel documents with the minimum security features and biometrics outlined in Regulation (EC) No 2252/2004 to beneficiaries of subsidiary protection status who are unable to obtain a national passport. Those documents shall be valid for at least five years.

RemovedArticle 27 – paragraph 3: 3. The documents referred to in paragraphs 1 and 2 shall not be issued where compelling reasons of national security so require.

RemovedArticle 28 – paragraph 1: 1. Beneficiaries of international protection shall enjoy freedom of movement within the territory of the Member State that granted international protection, including the right to choose their place of residence in that territory, under the same conditions and restrictions as those provided for other third-country nationals legally resident in their territories.

RemovedArticle 28 – paragraph 2: deleted

RemovedArticle 29 – paragraph 1: 1. Beneficiaries of international protection shall not have the right to reside in Member States other than the one which granted protection. This is without prejudice to their right to apply and be admitted to reside in other Member States pursuant to relevant provisions of Union law, including Council Directive 2009/50/EC1a and national law and their right to move freely in accordance with the conditions of Article 21 of the Convention Implementing the Schengen Agreement. / 1a Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment (OJ L 155, 18.6.2009, p. 17).

RemovedArticle 30 – paragraph 2 – point a: (a) working conditions, including pay and dismissal, working hours, leave and holidays, family leave as well as health and safety requirements at the workplace;

RemovedArticle 30 – paragraph 2 – point b: (b) freedom of association and affiliation, and membership of an organisation representing workers or employers or of any organisation whose members are engaged in a specific occupation, including the rights and benefits conferred by such organisations;

RemovedArticle 30 – paragraph 2 – point c: (c) education and employment-related education opportunities, vocational training, including training courses for upgrading skills, practical workplace experience;

RemovedArticle 30 – paragraph 2 – point d: (d) advice and follow-up services afforded by employment offices.

RemovedArticle 30 – paragraph 3: 3. Competent authorities shall facilitate full access to the activities referred to in paragraph (2)(c) and (d).

RemovedArticle 31 – paragraph 2: 2. Adults granted international protection shall have access to the general education system, further training or retraining, under the same conditions as nationals of the Member State that has granted protection.

RemovedArticle 34 – paragraph 1 – subparagraph 2: Access to certain social assistance specified in national law may be made conditional on the effective participation of the beneficiary of international protection in integration measures, provided that the integration measures in question are easily accessible, free of charge and take account of the specific needs of the beneficiary of international protection in question.

RemovedArticle 34 – paragraph 2: deleted

RemovedArticle 35 – paragraph 2: 2. Beneficiaries of international protection who have special needs, such as pregnant women, disabled people, persons who have undergone torture, rape or other serious forms of psychological, physical or sexual violence or minors who have been victims of any form of abuse, neglect, exploitation, torture, cruel, inhuman and degrading treatment or who have suffered from armed conflict shall be provided with adequate healthcare, including treatment of mental disorders when needed, under the same eligibility conditions as nationals of the Member State that has granted protection.

RemovedArticle 36 – paragraph 1 – subparagraph 1: Where it is not possible to keep the same guardian appointed after the arrival of the unaccompanied minor in the territory of the Union, as soon as possible after international protection is granted and in any case no later than five days thereafter, competent authorities shall take the necessary measures to ensure the representation of unaccompanied minors by a legal guardian or, where necessary, by an organisation responsible for the care and well-being of minors, or by any other appropriate representation including that based on legislation or court order.

RemovedArticle 36 – paragraph 1 a (new): 1a. 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 given information 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 report file complaints against their guardians in confidence and safety.

RemovedArticle 36 – paragraph 2: 2. The appointed guardian shall have the duty of ensuring that the minor can access all rights stemming from this Regulation. The responsible entities or persons shall assess the performance of the guardian within the first month after his/her appointment, and regularly thereafter.

RemovedArticle 36 – paragraph 3 – subparagraph 1 – point c: (c) in open centres specialised in accommodation for minors, which take account of their vulnerability and ensure their safety;

RemovedArticle 36 – paragraph 3 – subparagraph 1 – point d: (d) in other open accommodation suitable for minors which takes account of their vulnerability and ensures their safety.

RemovedArticle 36 – paragraph 5: 5. Tracing of family members of an unaccompanied minor shall start as soon as he or she registers his or her request for international protection. In cases where there may be a threat to the life or integrity of the minor or his or her close relatives, particularly if they have remained in the country of origin, care must be taken to ensure that the collection, processing and circulation of information concerning those persons is undertaken on a confidential basis so as to avoid jeopardising their safety.

RemovedArticle 36 – paragraph 6: 6. The persons and organisations working with unaccompanied minors shall receive continuous appropriate training concerning the rights and needs of minors and child safeguarding standards will be respected as referred to in Art 22 of Regulation EU No xxx/xxx[Procedures regulation]. 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 Regulation. The guardian shall perform his or her duties in accordance with the principle of the best interests of the child, shall have the necessary qualifications and expertise to that end and shall not have a criminal record, in particular as regards 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, the person acting as guardian shall be changed only where necessary. Organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be appointed as guardians.

RemovedArticle 37 – paragraph 1: 1. Beneficiaries of international protection shall have access to accommodation under conditions equivalent to those applicable to nationals of the Member State that has granted protection.

RemovedArticle 37 – paragraph 2: 2. National dispersal practices of beneficiaries of international protection shall be carried out without discrimination of beneficiaries of international protection and shall ensure equal opportunities regarding access to accommodation.

RemovedArticle 38 – paragraph 1: 1. In order to promote and facilitate the integration of beneficiaries of international protection into society, beneficiaries of international protection shall have access to integration measures provided by the Member States, in particular civic orientation and integration programs and vocational training, which shall be free of charge and easily accessible and shall take into account their specific needs.

RemovedArticle 38 – paragraph 1 a (new): 1a. Member States shall provide beneficiaries of international protection with effective access to language courses, which shall be free of charge, from the date on which they are granted international protection.

RemovedArticle 38 – paragraph 2: 2. Member States may make participation in integration measures compulsory, provided that the integration measures in question are easily accessible, free of charge and take account of the specific needs of the beneficiary of international protection in question.

RemovedArticle 38 – paragraph 2 a (new): 2a. Member States shall not apply punitive measures against beneficiaries of international protection where they are unable to participate in integration measures due to circumstances beyond their control or due to the unsuitable nature of the integration measures in question.

RemovedArticle 42: deleted / (deleted) / (deleted) / (deleted) / (deleted)

RemovedArticle 42 a (new): Article 42a / Exercise of the delegation / 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. / 2. The power to adopt delegated acts referred to in Article 24 shall be conferred on the Commission for a period of two years from the [date of entry into force of the basic legislative act]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the two-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. / 3. The delegation of power referred to in Article 24 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. / 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. / 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European …

RemovedDirective 2003/109/EU

RemovedArticle 44 – paragraph -1 (new), Article 4 – paragraph 2 – subparagraph 3: -1. In Article 4 of Directive 2003/109/EU, the third subparagraph of paragraph 2 is replaced by the following: / "Regarding persons to whom international protection has been granted, the period between the date of the lodging of the application for international protection on the basis of which that international protection was granted and the date of the granting of the residence permit referred to in Article 26 of Regulation (EU) ..../... [Qualifications Regulation], shall be taken into account in the calculation of the period referred to in paragraph 1."

RemovedDirective 2003/109/EU

RemovedArticle 44 – paragraph 1, Article 4 – paragraph 3a (new): 3a. Where a beneficiary of international protection is found in a Member State, other than the one that granted international protection, and the authorities of that Member State have established that the beneficiary did stay or reside there, without a right to stay or to reside there in accordance with relevant Union or national law, for more than two weeks and without serious and urgent justification, the period of legal stay preceding such a situation shall not be taken into account in the calculation of the period referred to in paragraph 1, unless the beneficiary of international protection demonstrates that the reason for the movement was due to circumstances beyond his or her control. / The first subparagraph shall not apply to unaccompanied minors.

RemovedDirective 2003/109/EU

RemovedArticle 44 – paragraph 2, Article 26a – paragraph 1: The Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 4(3a) of this Directive by [30 days after the entry into force of this Regulation] at the latest. They shall forthwith inform the Commission thereof.

RemovedArticle 46 – paragraph 2: This Regulation shall start to apply from [three months from its entry into force].

RemovedThe proposed revision of the Common European Asylum System (CEAS) is striving to respond to the migration trends of the last few years and the arrival of large numbers of third-country nationals in the European Union, many of whom are in need of international protection. Proposing to again revise the CEAS so soon after the adoption of the last reform may not be the best way to ensure that the system operates fully and takes root in national policies and practices. However, the opportunity to reform the CEAS should be seized in order to improve the common asylum policy of the Union, which should be based on true solidarity and a fair sharing of responsibility, moving gradually to a uniform international protection status valid throughout the Union as enshrined in the Article 78(2) of the Treaty on the Functioning of the European Union (TFEU).

RemovedThe Rapporteur therefore sees the proposal to turn the Qualification Directive into a Regulation as an opportunity to move further towards a progressive, positive and upward harmonisation of standards for determining that persons are in need of international protection and defining the rights which those persons should enjoy. While the system is under strain, it is essential to reaffirm the European asylum tradition based on the Geneva Convention and strengthen additional protections that the Union has progressively developed on the basis of its common values.

RemovedBearing this in mind, the Rapporteur had a particular eye in ensuring that case law developed by the two European courts, in Luxembourg and Strasbourg, was properly integrated in the revised piece of legislation, such as fundamental rights and anti-discrimination acquis. The Rapporteur took account of the policies and practices developed so far by the Member States on the basis of the Qualification Directive, and sought to improve it.

RemovedThe logic of approximating the two protection status and further harmonisation guided the Rapporteur’s policy choice in this report. The current practice in the Member States and the very concept of protection does not effective provide grounds for the distinction between the two statuses. In particular the reality shows that the subsidiary protection is based on an unjustified assumption of more temporary nature of protection and limited in its effectiveness.

RemovedFurthermore, the Rapporteur tried to combine protection with integration rather than punitive measures, favouring thus long-term social cohesion and security for all, and discouraging secondary movement. A general concern for the future practical operation of the Regulation avoiding to overburden Member States’ administrations guided the amendments proposed.

RemovedAlong this line, the Rapporteur wishes to amend the proposed compulsory review of the granted status of beneficiaries of international protection, both in case of changes of circumstances in the country of origin and at the moment of renewal. Although the Rapporteur agrees that evolutions in the country of origin, assessed in a harmonised way by the EU Agency for Asylum, may affect the protection needs, a systematic review would prove highly resource-intensive for the determining authorities in the Member States. Moreover, being constantly and potentially subject to such a review may undermine integration prospects of the beneficiary in his or her host society. The Rapporteur therefore proposes to leave the review as an option to Member States rather than imposing it as an automatic and compulsory part of the asylum status.

RemovedIn the same way, the Rapporteur does not wish to see the revised EU legislation lead to a reduction of the length of residence permits currently granted by Member States to beneficiaries of international protection residing on their territory. She therefore proposes to amend the new EU standard period of validity of the residence permits for both refugees and beneficiaries of the subsidiary protection to better reflect the current practice at national level and provide beneficiaries with more legal security. This, again, aims to encourage the beneficiaries to invest in their lives and thus contribute to their hosting communities.

RemovedMoreover, amendments on this point tend to align the length of the residence permit for refugees and beneficiaries of subsidiary protection. Indeed, the latter status does not respond to a need for protection that would be more temporary, but simply different in that it does not fall under the refugee legal definition and status. Although not ‘refugees’ stricto sensu, those persons also face great risks in their country of origin, cannot return safely and have to rebuild their lives in a country that provides them with ‘refuge’. It is therefore as essential for them as it is for refugee to try and build a legal framework encouraging their integration. Beyond the period of validity of the residence permit, this logic of approximating the two protection status guided a number of amendments tabled by the rapporteur.

RemovedProtection against acts of persecution may not always imply leaving one’s country though. The Rapporteur acknowledges that in individual cases ‘refuge’ could be found within one’s own country of origin, should the persecution or serious harm emanates from the State or agents associated with the State. Obliging Member States examining internal protection alternative after the determining authority has already decided that the applicant would otherwise be in need of protection, is going one step too far. The internal protection alternative should remain, in limited cases, only as an option for Member States and not an obligation.

RemovedTo conclude, amendments proposed by the Rapporteur respond to the overall aim of ensuring that those in need of protection are properly recognised and benefit from rights that will facilitate their integration, wherever they reside across the Union. The Rapporteur wishes to underline that reforming the CEAS has to do with improving the protection granted to third-country nationals in need, in accordance with EU tradition and values. The EU has to provide for its own security but the two go together - the EU must be safe if it is to remain a sanctuary for those who flee conflicts and barbarity and seek protection. Putting the stress on sanctions and possible abuse of the system is only likely to reinforce a general feeling of insecurity, on the side both of persons in need of protection and of EU citizens. A positive message should be sent in both directions so that third-country nationals who have not necessarily chosen to come to the EU can quickly feel part of a society where protection and security are reconciled - this is what the Rapporteur is seeking to achieve with her proposals.

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.

RemovedNotwithstanding the legislative and political effort carried out in the past years at the European and Member States’ level, in order to respond effectively to the refugee crisis, several aspects related to the well-functioning of the asylum system still remain to be addressed. In particular, differences persist on rules and criteria for granting refugee status and subsidiary protection; on recognition rates among Member States as well as on the set of rights and obligations granted to beneficiaries. The Commission proposes to repeal the previous Recast Qualification Directive with a Regulation, therefore increasing the harmonisation potential of new common European instruments. The rapporteur believes it essential for reforms in this field to achieve the overarching goal of improving the current situation, which should be intended as a step forward in the effective rights provided to people who are in need of protection, and not just as the merely functional administrative re-organisation or rationalisation of rules, practices and procedures.

RemovedWith a view to this, the possibility for social inclusion and labour market integration of beneficiaries of international protection into society is key.

RemovedIn his draft opinion, therefore, the rapporteur puts forward amendments with the aim of ensuring that EU legislation allows exploiting the maximum potential of such integration prospects. In first instance, this means aligning the rights granted to refugees, on the one hand, and to beneficiaries of subsidiary protection, on the other, as it is already the case in some Member States, being such distinction often based on the disputable assumption of a more temporary nature of the protection needed. This creates in practice not only an unnecessary administrative complexity, but risks directly jeopardising their integration chances, for example due to a too short duration of their residence or work permits - being the two often intrinsically connected - or by linking the renewal of such residence permit to a protection status review, which also appears costly and unnecessary. For similar reasons, the rapporteur proposes a deletion from the text of the possibility for Member States to limit social assistance of beneficiaries of subsidiary protection to core benefits.

RemovedCommission allows for Member States to make participation in integration measures such as language courses, vocational training and other employment-related measures compulsory for beneficiaries of protection, in order facilitate their integration into society. While this can be accepted as a valuable tool for turning the short-term challenges of integration into an opportunity for society as a whole, at the same time it needs to be specified that such measures must be free of charge, available, easily accessible and always take into account the rights and values of the beneficiary of protection. It is also necessary to ensure that non or partial participation to such measures never puts at risk the protection status of the person, as this will directly constitute a violation of international refugee law.

RemovedFinally, the rapporteur disagrees with the punitive approach chosen by the Commission to regulate secondary movements, while considering on the other hand a system of possible incentives to remain in the State that granted protection more appropriate.

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 1: (1) A number of substantive changes are to be made to Council Directive 2011/95/EU of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted31 (recast). To ensure harmonisation and more convergence in asylum decisions and as regards the content of international protection in order to encourage beneficiaries of international protection to remain in the Member State that granted them such protection and ensure an equality of treatment of beneficiaries of international protection that Directive should be repealed and replaced by a Regulation.

RemovedRecital 3: (3) The CEAS is based on common standards for asylum procedures, recognition and protection offered at Union level, reception conditions and a system for determining the Member State responsible for asylum seekers. Notwithstanding progress achieved so far in the progressive development of the CEAS, there are still significant disparities between the Member States in the types of procedures used, the recognition rates, the type of protection granted, the level of material reception conditions and benefits given to applicants for and beneficiaries of international protection. These divergences, together with very different macroeconomic and labour market situations across the Member States, undermine the objective of standardised reception conditions for all applicants wherever they apply in the Union.

RemovedRecital 5: (5) For a well-functioning CEAS, including of the Dublin system, substantial progress should be made regarding the convergence of national asylum systems, particularly with regard to differing recognition rates and type of protection status in the Member States. In addition, rules on status review should be strengthened to ensure that protection is only granted to those who need it and for so long as it continues to be needed. Moreover, divergent practices regarding the duration of the residence permits should be avoided, and the rights granted to beneficiaries of international protection should be further clarified and harmonised.

RemovedRecital 6: (6) A Regulation is therefore necessary to ensure a faster and more consistent level of harmonisation throughout the Union and to provide a higher degree of legal certainty and transparency.

RemovedRecital 8: (8) The further approximation of rules on the recognition and content of refugee and subsidiary protection status should moreover help to limit the secondary movement of applicants for international protection and beneficiaries of international protection between Member States, and to achieve high protection standards throughout the Union.

RemovedRecital 10: (10) Successful resettlement candidates should be granted international protection. Accordingly, the provisions of this Regulation on the content of international protection should apply.

RemovedRecital 11: (11) This Regulation respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union (the Charter), the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms, the 1961 European Social Charter, the 1948 Universal Declaration of Human Rights, and the 1951 Refugee Convention and the 1967 Protocol thereto. In particular this Regulation seeks to ensure full respect for human dignity and the right to asylum of applicants for asylum and their accompanying family members and to promote the application of the Charter's Articles relating to human dignity, respect for private and family life, freedom of expression and information, right to education, freedom to choose an occupation and right to engage in work, freedom to conduct a business, right to asylum, non-discrimination, rights of the child, the enjoyment of social rights including social security and social assistance, health care, and should therefore be implemented accordingly.

RemovedRecital 13: (13) The resources of the Asylum, Migration and Integration Fund should be used to provide adequate support to Member States' efforts in implementing the standards set by this Regulation, in particular in relation to promoting sustainable integration of beneficiaries of international protection and to providing support to those Member States which are facing challenges as part of their asylum systems, due in particular to their social, geographical or demographic situation. To that end, adequate funding should be made available to local and regional authorities and international and civil society organisations, including through the possibility for local and regional authorities to access the Asylum Migration and Integration Fund and other funds for actions that fall directly under their responsibilities in a more direct and efficient manner.

RemovedRecital 15: (15) When applying this Regulation the ‘best interests of the child’ should be a primary consideration, in line with the 1989 United Nations Convention on the Rights of the Child. In assessing the best interests of the child, Member States' authorities should in particular take due account of the principle of family unity, the minor’s well-being and social development, the minor's cultural origin and linguistic skills, safety and security considerations and the views of the minor in accordance with his or her age and maturity.

RemovedRecital 29: (29) In accordance with relevant case law of the Court of Justice of the European Union, when assessing applications for international protection, the competent authorities of the Member States should use methods for the assessment of the applicant's credibility in a manner that respects the individual's rights as guaranteed by the Charter, in particular the right to human dignity and the respect for private and family life. Specifically as regards sexual orientation and gender identity, the individual assessment of the applicant's credibility should not be based on stereotyped notions concerning sexual orientation and gender identity and the applicant should not be submitted to detailed questioning or tests as to his or her sexual practices. Moreover, the competent national authorities should not consider the statements of the applicant to lack credibility on the sole ground that the applicant did not rely on his or her sexual orientation, gender identity, gender expression or sex characteristics when he or she first set out the details of his or her persecution.

RemovedRecital 34: (34) For the purpose of assessing serious harm which may qualify applicants as eligible for subsidiary protection, the notion of indiscriminate violence, in accordance with relevant case law of the European Court of Justice and the European Court of Human Rights, should include violence that may extend to people irrespective of their personal circumstances. Factors to be taken into account when determining whether indiscriminate violence exists could include external aggression, occupation, foreign domination, internal conflicts, severe violation of human rights or events seriously disturbing public order in the country of origin, or in a part thereof.

RemovedRecital 37: (37) The residence permit and the travel documents issued to beneficiaries of international protection following the entry into force of this Regulation should comply with the rules laid down by Regulation (EC) No 1030/2002 and Council Regulation (EC) No 2252/2004 respectively.

RemovedRecital 39: (39) With a view to ascertaining whether beneficiaries of international protection are still in need of that protection, determining authorities may review the granted status when a significant relevant change in the beneficiaries' country of origin occurs as indicated by common analysis and guidance on the situation in the country of origin provided at Union level by the Agency and the European networks on country of origin information in accordance with Articles 8 and 10 of Regulation (EU) No XXX/XX [Regulation on the European Union Agency for Asylum 37 .

RemovedRecital 41: (41) When the refugee status or the subsidiary protection status ceases to exist, the application of the decision by which the determining authority of a Member State revokes, ends or does not renew the status should be deferred for a reasonable period of time after adoption, in order to give the third-country national or stateless person concerned the possibility to apply for residence on the basis of other grounds than those having justified the granting of international protection, such as family or medical reasons, or reasons related to employment or to education, in accordance with relevant Union and national law.

RemovedRecital 43: (43) In order to discourage secondary movements within the European Union, beneficiaries of international protection, if found in a Member State other than the Member State having granted them protection without fulfilling the conditions of stay or reside, should be taken back by the Member State responsible in accordance with the procedure laid down by Regulation41.

RemovedRecital 44: deleted

RemovedRecital 47: (47) Within the limits set out by international obligations, the granting of benefits with regard to access to employment and social security may require the prior issuing of a residence permit.

RemovedRecital 48: (48) Competent authorities may restrict the access to employed or self-employed activities as regard posts which involve the exercise of public authority, and responsibility for safeguarding the general interest of the State or other public authorities.

RemovedRecital 49: (49) In order to enhance the effective exercise of the rights and benefits laid down in this Regulation by beneficiaries of international protection, it is necessary to take into account their specific needs and the particular integration challenges with which they are confronted, and facilitate their access to integration related rights and measures in particular as regards education and employment-related educational opportunities, vocational training and access to recognition procedures for foreign diplomas, certificates and other evidence of formal qualifications in particular due to the lack of documentary evidence and their inability to meet the costs related to the recognition procedures.

RemovedRecital 50: (50) Equal treatment and the principle of non-discrimination should be applied to beneficiaries of international protection with nationals of the Member State granting protection as regards social security.

RemovedRecital 51: (51) In addition, especially to avoid social hardship and to facilitate the integration of beneficiaries of international protection and of subsidiary protection, it is appropriate to provide them with social and legal assistance without discrimination.

RemovedRecital 52: (52) Access to healthcare, including both physical and mental, sexual and reproductive healthcare, should be ensured to beneficiaries of international protection.

RemovedRecital 52 a (new): (52a) Beneficiaries of international protection should also enjoy access to goods and services and the supply of goods and services made available to the public, including information and counselling services provided by employment offices.

RemovedRecital 53: (53) In order to facilitate the integration of beneficiaries of international protection into society, beneficiaries of international protection should have free and effective access to integration measures, modalities to be set by the Member States. Member States may make the participation in such integration measures, such as language courses, civic integration courses, vocational training and other employment-related courses compulsory, provided that those integration measures are easily accessible and free of charge. Participation in the measures in question should always be without prejudice to the rights and obligations established by this Regulation and should never constitute grounds for review, revocation, ending, refusal or non-renewal of refugee status or subsidiary protection status. Any sanction established by Member States in national law, regarding failure to attend obligatory integration measures, should always be proportional.

RemovedArticle 15 – paragraph 1 – point b: deleted

RemovedArticle 21 – paragraph 1 – point b: deleted

RemovedArticle 22 – paragraph 3: 3. Within the limits set by international obligations, granting of benefits with regard to access to employment, social security may require the prior issuing of a residence permit.

RemovedArticle 22 – paragraph 4: 4. When applying the provisions of this Chapter, the specific situation of persons with special needs such as minors, unaccompanied minors, disabled people, elderly people, pregnant women, single parents with children, victims of human trafficking, persons with mental disorders and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence shall be taken into account provided an individual evaluation of their situation establishes that they have special needs.

RemovedArticle 24 – paragraph 1: The competent authorities shall provide beneficiaries of international protection with information on the rights and obligations relating to refugee status or subsidiary protection status, as soon as possible after that has been granted. That information shall be provided in writing, in a language that the beneficiary can understand and shall make explicit references to the consequences of not complying with the obligations outlined in Article 29 on movement within the Union.

RemovedArticle 26 – paragraph 1 – point a: (a) For beneficiaries of refugee status, the residence permit shall have a period of validity of five years and be renewable thereafter for periods of five years.

RemovedArticle 26 – paragraph 1 – point b: (b) For beneficiaries of subsidiary protection status, the residence permit shall have a period of validity of five years and be renewable thereafter for periods of five years.

RemovedArticle 28 – paragraph 1: 1. Beneficiaries of international protection shall enjoy freedom of movement within the territory of the Member State that granted international protection, including the right to choose their place of residence in that territory, under the same conditions and restrictions as those provided for other third-country nationals legally resident in their territories.

RemovedArticle 30 – paragraph 2 – point a: (a) working conditions, including pay and dismissal, working hours, leave and holidays, family leave as well as health and safety requirements at the workplace;

RemovedArticle 30 – paragraph 2 – point b: (b) freedom of association and affiliation, and membership of an organisation representing workers or employers or of any organisation whose members are engaged in a specific occupation, including the rights and benefits conferred by such organisations;

RemovedArticle 30 – paragraph 2 – point c: (c) education and employment-related education opportunities, vocational training, including training courses for upgrading skills, practical workplace experience;

RemovedArticle 30 – paragraph 2 – point d: (d) advice and follow-up services afforded by employment offices.

RemovedArticle 30 – paragraph 3: 3. Competent authorities, shall facilitate the full access to the activities referred to in paragraph (2)(c) and (d).

RemovedArticle 31 – paragraph 2: 2. Adults granted international protection shall have access to the general education system, further training or retraining, under the same conditions as nationals.

RemovedArticle 34 – paragraph 1 – subparagraph 2: Access to certain social assistance specified in national law may be made conditional on the effective participation of the beneficiary of international protection in integration measures, which shall be free of charge, available and easily accessible.

RemovedArticle 34 – paragraph 2: deleted

RemovedArticle 35 – paragraph 2: 2. Beneficiaries of international protection who have special needs, such as pregnant women, disabled people, persons who have undergone torture, rape or other serious forms of psychological, physical or sexual violence or minors who have been victims of any form of abuse, neglect, exploitation, torture, cruel, inhuman and degrading treatment or who have suffered from armed conflict shall be provided with adequate healthcare, including treatment of mental disorders when needed, under the same eligibility conditions as nationals of the Member State that has granted protection.

RemovedArticle 36 – paragraph 1 – subparagraph 1: As soon as possible and within five days at the latest, as outlined in Article 22(1) of Regulation EU no xxx/xxx[Procedures regulation], competent authorities shall take the necessary measures to ensure the representation of unaccompanied minors by a legal guardian or, where necessary, by an organisation responsible for the care and well-being of minors, or by any other appropriate representation including that based on legislation or court order.

RemovedArticle 36 – paragraph 3 – subparagraph 1 – point d: deleted

RemovedArticle 36 – paragraph 4: 4. As far as possible, siblings shall be kept together, taking into account the best interests of the minor concerned and, in particular, his or her age and degree of maturity. Changes of residence of unaccompanied minors shall be limited to a minimum and placement in administrative detention shall be avoided.

RemovedArticle 37 – paragraph 1: 1. Beneficiaries of international protection shall have access to accommodation under conditions equivalent to those applicable to nationals.

RemovedArticle 37 – paragraph 2: 2. National dispersal practices of beneficiaries of international protection shall be carried out without discrimination of beneficiaries of international protection and shall ensure equal opportunities regarding access to accommodation.

RemovedArticle 38 – paragraph 1: 1. In order to facilitate the integration of beneficiaries of international protection into society, beneficiaries of international protection shall have access to integration measures provided by the Member States, in particular language courses, civic orientation and integration programs and vocational training which shall be free of charge and easily accessible and shall take into account their specific needs.

RemovedArticle 38 – paragraph 2: 2. Member States may make participation in integration measures compulsory, provided that the integration measures in question are free of charge and easily accessible, and take account of the specific needs of the beneficiary of international protection. Participation in integration measures shall be without prejudice to the rights and obligations established by this Regulation and shall not constitute grounds for review, revocation, ending, refusal or non-renewal of refugee status or subsidiary protection status and the rights and obligations with regard thereto.