Changes from report parliamentary committee draft to plenary report

Change 18

AddedSHORT JUSTIFICATION

AddedThe 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.

AddedThe quality of reception standards is fundamental to the increase of the chances for asylum seekers and refugees, arriving in unprecedented numbers, to effectively integrate and therefore reduce their dependency on the host country. However, the sustainability of the whole process depends upon a series of essential elements, such as a well-functioning legislative framework and efficient administrations; a decisive political commitment by national and European political and institutional actors; social cohesion, inclusiveness and the socio-economic well-being of our countries.

AddedWith a view to this, all new rules on reception must be future-proof, meaning designed to work outside the emergency logic which has been defining the response to the refugee crisis up until now. This is necessary in order to create the conditions for turning the challenge of integration into an opportunity and a resource for society in the long term. At the same time, reforms must also be realistic, present-proof, meaning capable of taking into due consideration the macroeconomic situation of our continent after years of protracted crisis.

AddedIn the view of the rapporteur, the goal of this EMPL opinion should be to present an overall assessment on whether the above-mentioned conditions are properly balanced in the legislative proposal under scrutiny and offer some adjustments accordingly. Such assessment is only partially positive.

AddedThe rapporteur welcomes the ambitious set of proposals with regards access to employment put forward by the Commission. Lowering the threshold for accessing the labour market to applicants of international protection to six months is a substantial improvement to current rules, and is coherent with the position of the European Parliament as expressed in its resolution on the social inclusion and integration of refugees into the labour market. He also supports encouraging Member States to accelerate further such access whereby applicants have good prospects of integration. By contrast, he is not in favour of the possibility to deny access when they fall under accelerated procedure and, therefore, under the assumption of an unfounded claim. Such a provision would constitute, in his opinion, a violation of article 3 of the Geneva Convention and its spirit. The rapporteur also welcomes the clarifications on the need to ensure that such access is effective, and proposes additions to the text by mentioning some of the main examples of restrictive conditions observed in the Member States, namely sectoral and working time restrictions and excessive administrative formalities.

AddedNew provisions for applicants with special reception needs are a very significant improvement to the current situation, and the rapporteur fully endorses all proposals aimed at ensuring that Member States systematically assess whether an applicant has special reception needs.

AddedOn a negative note, the rapporteur strongly disagrees with the measures aimed at reducing secondary movements by denying material reception conditions to applicants of international protection if they are not in the Member State responsible for their application under currently revised asylum rules. In his opinion, this represents an unacceptable reduction of refugees’ rights compared to the present, clearly contrary to the jurisprudence of European Court of Justice. Besides, this seems to suggest that secondary movements are mostly driven by the different quality of reception standards among Member States. Indeed, reception standards shall be improved throughout the EU. However, the strong correlation between, on the one hand, the socio-economic situation of the Member States, the employment prospects they may offer and the overall quality of their services and, on the other, the refugees’ individual asylum preferences, seems the predominant factor determining such secondary movements. Some countries have been disproportionately exposed to the arrivals for geographical reasons, while also bearing - again disproportionately - the effects of the economic crisis, which has resulted in the shrinking of available public resources for reception measures. High unemployment and dire socioeconomic conditions in a Member State represent an impediment to the very objective of the reform, as they reduce the integration prospects of applicants. It also risks increasing competition within the labour market vis-à-vis nationals and EU citizens, which might lead to a further rise of anti-immigrant sentiments. The attempt of blocking secondary movements with a punitive approach against asylum seekers, instead of ensuring an orderly management of migration flows, would only exacerbate already difficult situations. Such an approach, rather than a rational and functional answer to a very complex problem, seems to denote a continued lack of mutual trust and the unwillingness to establish a truly fair, genuinely European, asylum system.

AddedAlthough outside the recast exercise, the rapporteur proposes a modification to the rules on detention: minors and unaccompanied minors shall never be detained

AddedAMENDMENTS

AddedThe 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:

AddedRecital 3: (3) The Common European Asylum System (CEAS) is based on a system for determining the Member State responsible for applicants for international protection and common standards for asylum procedures, reception conditions and procedures and rights of beneficiaries of international protection. Notwithstanding the significant progress that has been made in the development of the CEAS, there are still notable differences between the Member States with regard to the types of procedures used, the reception conditions provided to applicants, the recognition rates and the type of protection granted to beneficiaries of international protection. These divergences, together with the fact that there are very different macroeconomic and labour market situations in the Member States, undermine the objective of ensuring standardised reception conditions for all applicants wherever they apply in the Union.

AddedRecital 5: (5) Reception conditions continue to vary considerably between Member States both in terms of how the reception system is organised and in terms of the standards provided to applicants. The persistent problems in ensuring adherence to the reception standards required for a dignified treatment of applicants in some Member States has contributed to a disproportionate burden falling on a few Member States with generally high reception standards which are then under pressure to reduce their standards. At the same time, frontline Member States are disproportionally facing the weight of large arrivals of migrants and asylum seekers, putting their reception means under heavy pressure and risking a further deterioration in the quality of the standards offered. More harmonised reception standards set at an appropriate level across all Member States will contribute to a more dignified treatment and fairer distribution of applicants across the EU.

AddedRecital 8: deleted

AddedRecital 11: (11) In order to ensure that applicants are aware of the consequences of absconding, Member States should inform applicants in a uniform manner, as soon as possible and at the latest when they lodge their application, of all the obligations with which applicants must comply relating to reception conditions, including the circumstances under which the granting of material reception conditions may be restricted and of any benefits. Member States should provide this information through appropriate interpretation and translation wherever necessary so that applicants fully understand and are aware of their rights and of the legal requirements that they must abide by.

AddedRecital 12: (12) Harmonised EU rules on the documents to be issued to applicants make it more difficult for applicants to move in an unauthorised manner within the Union. The validity of travel documents should be limited to the purpose and duration needed for the reason for which they are issued. Such a reason could for instance be that an applicant needs to travel to another State for medical treatment or to visit relatives in particular cases, such as for visits to close relatives who are seriously ill, or to attend marriages or funerals of close relatives. Other reasons could include situations where applicants who have been granted access to the labour market are required to perform essential travel for work purposes, where applicants are required to travel as part of study curricula or where minors are travelling with foster families.

AddedRecital 13: (13) An applicant who has deliberately not applied for international protection in the Member State either of first entry or, in case of legal presence, in the Member State of legal stay or residence, is less likely to be allowed to stay in the Member State where the application was made.

AddedRecital 15: deleted

AddedRecital 16: (16) For duly justified serious reasons of public interest or public order, Member States should be able to assign the applicant residence in a specific place, where necessary, such as an open accommodation centre, a private house, flat, hotel or other premises adapted for housing applicants. In case the applicant is entitled to material reception conditions, such material reception conditions should also be provided to the applicant residing in this specific place.

AddedRecital 18: (18) All decisions restricting an applicant's freedom of movement always need to be motivated by the competent authorities and based on the individual behaviour and particular situation of the person concerned, taking into account any special reception needs of applicants and the principle of proportionality. Applicants must be duly informed of such decisions and of the consequences of non-compliance.

AddedRecital 19: (19) In view of the serious consequences for applicants who have absconded or who are considered to be at risk of absconding, the meaning of absconding should be defined in view of encompassing both a deliberate action to avoid the applicable asylum procedures and the factual circumstance of not remaining available to the relevant authorities.

AddedRecital 30: (30) In applying this Directive, Member States should seek to ensure full compliance with the principles of the best interests of the child and of family unity, in accordance with the Charter of Fundamental Rights of the European Union, the 1989 United Nations Convention on the Rights of the Child and the European Convention for the Protection of Human Rights and Fundamental Freedoms respectively. Reception conditions need to be adapted to the specific situation of minors, whether unaccompanied or within families, with due regard to their security, housing and nutrition, physical and emotional care, and education, which should all be provided in a manner that effectively allows for their general development.

AddedRecital 30 a (new): (30a) Unaccompanied minors should be adequately protected whilst in the Union, in particular by means of identifying unaccompanied children upon disembarkation, registering them, carrying out a preliminary risk assessment and ensuring referral to relevant child protection services.

AddedRecital 31: (31) Member States should ensure that applicants receive the necessary health care which should include, at least, maternity medical aid and sexual and reproductive health services, emergency care and essential treatment of illnesses, including of mental disorders. To respond to public health concerns with regard to disease prevention and safeguard the health of individual applicants, applicants' access to health care should also include preventive medical treatment, such as vaccinations. Member States may require medical screening for applicants on public health grounds. The results of medical screening should not influence the assessment of applications for international protection, which should always be carried out objectively, impartially and on an individual basis in line with Regulation (EU) No XXX/XXX [Procedures Regulation].

AddedRecital 32: (32) Member States should in all circumstances ensure access to health care and a dignified standard of living for applicants in line with the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of the Child, in particular by providing for the applicant's subsistence and basic needs both in terms of physical safety and dignity and in terms of interpersonal relationships, with due regard to the inherent vulnerabilities of the person as applicant for international protection and that of his or her family or caretaker. Due regard must also be given to applicants with special reception needs. The specific needs of children, in particular with regard to respect for the child's right and access to education, as well as access to healthcare and childcare, have to be taken into account by the Member States. The specific needs of women applicants who have experienced gender-based harm should be taken into account, including via ensuring access, at different stages of the asylum procedure, to medical care, legal support, and to appropriate trauma counselling and psycho-social care. Consideration should be given to the fact that any applicant for asylum may have experienced physical violence, including sexual violence, and /or mental trauma and will therefore need appropriate care.

AddedRecital 34: (34) In order to promote the self-sufficiency of applicants and to limit wide discrepancies between Member States, it is essential to provide clear rules on the applicants' access to the labour market and to ensure that such access is effective, by not imposing conditions, including sector restrictions, working time restrictions and unduly strict administrative formalities, that effectively hinder an applicant from seeking employment. Member States should also take effective steps to ensure that the entry of applicants for international protection into the labour market is not achieved through a lowering of applicable salaries, which could then lead to wage dumping practices. In order to increase integration prospects and self-sufficiency of applicants, immediate access to the labour market and to language courses should be encouraged from the date when the application for international protection was lodged. Labour market tests used to give priority to nationals or to other Union citizens or to third-country nationals legally resident in the Member State concerned should not hinder effective access for applicants to the labour market and should be implemented without prejudice to the principle of preference for Union citizens as expressed in the relevant provisions of the applicable Acts of Accession.

AddedRecital 35: deleted

AddedRecital 36: (36) Once applicants are granted access to the labour market, they should enjoy equal treatment with nationals as regards working conditions, including pay and dismissal, health and safety requirements at the workplace, working time and leave, taking into account collective agreements in force. Applicants should also enjoy equal treatment as regards freedom of association and affiliation, education and employment-related education opportunities for adults, including language learning and training courses for upgrading skills and practical workplace experience, advice services afforded by employment offices, vocational training, the recognition of professional qualifications and social security.

AddedRecital 39: deleted

AddedBasing restrictions on the “possible temporary nature of the stay of applicants” fails to afford asylum seekers - who are presumptive refugees throughout the examination of their claim - “the most favourable treatment accorded to nations of a foreign country in the same circumstances”, which contravenes Article 17 of the Refugee Convention.

AddedArticle 2 – paragraph 1 – point 10: (10) 'absconding': means the deliberate action by an applicant to avoid the asylum procedures and not to remain available to the competent authorities or to the court or tribunal;

AddedArticle 2 – paragraph 1 – point 11: (11) 'risk of absconding': means the existence of specific reasons in an individual case, which are based on objective and specific criteria defined by national law in accordance with guidelines of the European Union Agency for Asylum, to believe that an applicant may abscond;

AddedArticle 2 – paragraph 1 – point 13: (13) ‘applicant with special reception needs’: means an applicant who is in need of special guarantees in order to benefit from the rights and comply with the obligations provided for in this Directive , such as applicants who are minors, unaccompanied minors, disabled people, elderly people, pregnant women, single parents with minor children, victims of human trafficking, persons with serious illnesses, persons with mental disorders and with mental health issues and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence, such as victims of female genital mutilation .

AddedArticle 5 – paragraph 1 – subparagraph 1: Member States shall inform applicants, as soon as possible and at the latest when they are lodging their application for international protection, at least of any established benefits and of the obligations with which they must comply relating to reception conditions. They shall also point out to applicants all relevant information concerning the possible replacement, reduction or withdrawal of material reception conditions as set out in Article 19 of this Directive.

AddedArticle 6 – paragraph 1: Member States shall provide applicants with a travel document without delay, when the presence of the applicant is required in another Member State, in particular for reasons such as when an applicant needs to travel to another State for medical treatment or to visit relatives in particular cases, such as for visits to close relatives who are seriously ill, or to attend the marriages or funerals of close relatives. Other such reasons include situations where applicants who have been granted access to the labour market are required to perform essential travel for work purposes, where applicants are required to travel as part of study curricula or where minors are travelling with foster families. The validity of the travel document shall be limited to the purpose and duration needed for the reason for which it is issued.

AddedArticle 6 – paragraph 1 a (new): Member States shall not impose unnecessary or disproportionate documentation or other administrative requirements on applicants before granting them the rights to which they are entitled under this Directive for the sole reason that they are applicants for international protection.

AddedArticle 7 – paragraph 2 – subparagraph 1 – introductory part: 2. Member States may, where necessary, proportionate and duly justified, decide on the residence of an applicant in an open reception centre or specific accommodation for any of the following reasons:

AddedArticle 7 – paragraph 2 – subparagraph 1 – point d – indent 1: - for applicants who have deliberately not complied with the obligation to make an application in the first Member State of entry as set out in Article [4(1)] of Regulation (EU) No XXX/XXX [Dublin Regulation] or have travelled to another Member State without adequate justification; or

AddedArticle 7 – paragraph 2 – subparagraph 1 – point d – indent 3: - for applicants who have been sent back to the Member State where they are required to be present in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation] after having absconded.

AddedArticle 15 – paragraph 1 – subparagraph 1: Member States shall ensure that applicants have access to the labour market no later than 6 months from the date when the application for international protection was lodged.

AddedArticle 15 – paragraph 1 – subparagraph 2: deleted

AddedArticle 15 – paragraph 1 a (new): 1a. Member States shall provide applicants effective access to language courses from the date when the application for international protection was lodged, in order to integrate them and enable them to capitalise fully on their formal qualification and thus contribute to society.

AddedArticle 15 – paragraph 1 b (new): 1b. Member States are encouraged 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 lodged.

AddedArticle 15 – paragraph 3 – subparagraph 1 – 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, without prejudice to the national provisions on public policy and public security;

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 2 – point ii: deleted

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

AddedArticle 15 – paragraph 3 – subparagraph 2 a (new): The restrictions to equal treatment referred to in points (ii) and (iii) shall not be applied to minors, parents of minor children and legal or customary primary caregivers.

AddedApplying the restrictions set out in paragraph 3, points (ii) and (iii) of art. 15 to minors (or parents of minors and legal or customary primary caregivers, with a subsequent impact on minors) would amount to discrimination under the UN Convention on the Rights of the Child (art. 2(1) [non-discrimination] combined with articles 26(1) and (2) [right to social security] and 28(1)(b) [right to equal access to vocational education]."Article 2 1. States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. "Article 26 1. States Parties shall recognise the right for every child to benefit from social security, including social insurance, and shall take the necessary measures to achieve the full realization of this right in accordance with their national law. 2. The benefits should, where appropriate, be granted, taking into account the resources and the circumstances of the child and persons having responsibility for the maintenance of the child…" "Article 28 1. States Parties recognise the right of the child to education, and with a view to achieving this right progressively and on the basis of equal opportunity, they shall, in particular: (b) Encourage the development of different forms of secondary education, including general and vocational education, make them available and accessible to every child, and take appropriate measures such as the introduction of free education and offering financial assistance in case of need;"

AddedArticle 15 – paragraph 5: deleted

AddedArticle 15 – paragraph 5 a (new): 5a. 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, in a language they understand, of their employment rights in accordance with national law.

AddedArticle 16 – paragraph 1 a (new): 1a. For minors and families with minor children, material reception conditions shall also ensure a standard of living adequate for the child's physical, mental, spiritual, moral and social development. In line with the principle of non-discrimination, minors and families with minor children falling within the scope of this Directive shall be entitled to access the same family services as national children and national families with children.

AddedChildren cannot only be provided with a standard of living that guarantees their subsistence and protects their health: they are entitled to a standard of living that promotes their development (physical, mental, spiritual etc.), thereby allowing them to plan for their future [article 27, UNCRC].

AddedArticle 16 – paragraph 5: 5. When asking an applicant for a refund in accordance with paragraph 4, Member States shall observe the principle of proportionality and 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 special 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 9 – subparagraph 2: Such different conditions shall in any circumstances ensure access to health care in accordance with Article 18 and an adequate standard of living for all applicants.

AddedArticle 17 a: deleted / (deleted) / (deleted) / (deleted) / (deleted)

AddedArticle 18 – paragraph 1: 1. Member States shall ensure that applicants receive the necessary physical and mental health care which shall include, at a minimum, emergency care and essential treatment of illnesses, including of serious mental disorders.

AddedArticle 19 – paragraph 1 – introductory part: 1. On the basis of a decision by a competent authority, Member States may, in the situations described in paragraph 2:

AddedArticle 19 – paragraph 2 – point g: (g) has not complied with the obligation set out in Article [4(1)] of Regulation (EU) No XXX/XXX [Dublin Regulation] or has deliberately travelled to another Member State without adequate justification; or