Changes from report parliamentary committee draft to plenary report

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

AddedArticle 11 – paragraph 4: deleted

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Article 17a: deleted / (deleted) / (deleted) / (deleted) / (deleted)

Change 17

RemovedIrrelevant as a distinction between reception conditions and dignified treatment is not necessary.

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

RemovedA minor should always have full access to education. It's unclear what 'suitable' means in this context.

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

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

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

RemovedArticle 19 – paragraph 2 – subparagraph 1 - point g: deleted

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

RemovedArticle 19 – paragraph 2 – subparagraph 1 - point h: deleted

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

RemovedThere are already provisions on restricting freedom of movement after absconding and not having applied for international protection in the Member State responsible.

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

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

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

RemovedArticle 24 – paragraph 1: 1. Member States shall ensure that persons who have been subjected to sexual and gender-based violence, other forms of bias-motivated violence, torture, rape or other serious acts of violence receive the necessary treatment for the damage caused by such acts, in particular access to appropriate medical and psychological treatment or care.

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

RemovedArticle 29 – paragraph 1: 1. Member States shall take appropriate measures to ensure that authorities and other organisations implementing this Directive have received the necessary training with respect to the needs of both male and female applicants. To that end, Member States shall integrate the European asylum curriculum developed by the European Union Agency for Asylum into the training of their personnel in accordance with Regulation (EU) No XXX/XXX [Regulation on the European Union Agency for Asylum], underlining the importance of active identification of special reception needs (AGD approach) and adequate prevention and response activities to sexual and gender-based violence and bias-motivated violence from the date when the application for international protection was made.

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

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

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

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

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

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