Changes from plenary report to adopted text

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.