Changes from report parliamentary committee draft to plenary report

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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