Changes from report parliamentary committee draft to plenary report

AddedRecital 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.

RemovedMember States should be entitled to use the concept of internal protection in their overall examination of an application for international protection. However, such an alternative should not be relied upon by Member States in circumstances where the persecution or serious harm emanates from the State or agents associated with the State.

AddedRecital 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 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. When the applicant is an unaccompanied minor, the availability of appropriate care and custodial arrangements, which are in the best interests of the unaccompanied minor, should form part of the assessment as to whether that protection is effectively available.

AddedRecital 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.

RemovedThe internal protection alternative should not be relied upon by Member States in circumstances where the persecution or serious harm emanates from the State or agents associated with the State.

AddedRecital 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 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 or the absence of protection against such acts of persecution.

AddedRecital 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.

RemovedThe absence of protection against persecution is also a factor to be considered in assessing the availability of protection, particularly with regard to minors.

AddedRecital 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 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, sex characteristics and sexual orientation, 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.

RemovedThe sex characteristics of an applicant might also be a factor in determining whether that applicant belongs to a particular social group.

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 find that the statements of the applicant 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.

RemovedLate disclosure is one of the four parameters referred to in the recent judgement of the CJEU in the case of A, B and C v Staatssecretaris van Veiligheid en Justitie, of 2 December 2014 but has not been mentioned in the Commission text and it should be added. For LGBTI asylum seekers, fear and stigma often lead to late disclosure of their sexual orientation, gender identity, gender expression or sex characteristics. Their applications should not suffer as a sole result of such late disclosure.

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

Change 7

ChangedAsRecital both32: refugee(32) statusStandards for the definition and content of subsidiary protection should,status inshould thealso rapporteur’sbe view,laid givedown. riseSubsidiary protection should be complementary and additional to the samerefugee rightsprotection enshrined in the MemberGeneva StateConvention. grantingWhile the grounds for protection differs between refugee and subsidiary protection, theirthe statusongoing shouldneed for protection may be equalisedsimilar in the Regulation.duration.

Change 8

ChangedRecital 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,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 violationviolations of human rights or events seriously disturbing public order in the country of origin, or in a part thereof.

Change 9

RemovedCertain factors should be taken into account when considering whether indiscriminate violence exists. The list is not exhaustive.

AddedRecital 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 36 a (new): (36a) A person in need of protection because he or she is unable to return to his or her country of origin due to a natural or man-made disaster should also be eligible to qualify for protection under this Regulation.

RemovedPersons or groups of persons, who, for compelling reasons of sudden or progressive changes in the environment that adversely affect their lives or living conditions, are obliged to leave their habitual homes and are in search and need of protection should qualify under this Regulation for international protection in the European Union.

Recital 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.

Change 10

RemovedIt is irrelevant whether the residence permit or a travel document is issued for the first time or renewed, as it should always comply with the respective Regulations.

AddedRecital 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.

Change 11

ChangedRecital 39: (39) With a view to ascertaining whether beneficiaries of international protection are still in need of protection, determining authorities mightshould, 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 .Regulation37.

Change 12

RemovedA systematic review of protection needs would prove highly resource-intensive for the determining authorities of the Member States. It is not at all the case that the authorities responsible for decisions on the need for international protection are the same authorities as those which issue residence permits. It is also important not to unduly undermine integration prospects via the perception that protection may only be temporary.

AddedRecital 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.

Recital 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.

Change 13

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.

AddedRecital 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.

RemovedA recital need not contain such detailed elements regarding periods of time which could be subject to revision and which are part of the enacting provisions in the articles. The recitals should rather lay down the rationale of the main provisions of the act.

AddedRecital 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.

Change 14

ChangedRecital 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 Regulation41Regulation41. 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].

Change 15

RemovedIn line with the Rapporteur's approach to encouraging beneficiaries to remain and integrate in the Member State that grants international protection, prevention of secondary movement should be a welcome side product of such a policy but not the driver.

Recital 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.

Change 16

RemovedSecondary movement of beneficiaries of international protection should be discouraged not by promoting sanctions against beneficiaries but by encouraging them to remain in the Member State which grants protection and integrate there. One such form of encouragement is to harmonise the duration of the residence permits granted to beneficiaries of international protection for a sufficiently long period of time. Such a harmonised period should take account of current practices across the Member States.

AddedRecital 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 45: (45) The notion of national security and public order also covers cases in which a third-country national belongs to an association which supports international terrorism.

AddedRecital 47: deleted

RemovedThe notion of supporting an association that in turn supports terrorism is too vague a concept to provide legal clarity.

AddedRecital 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.

AddedRecital 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.

Recital 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.

Change 17

RemovedThe Rapporteur believes that integration is one of the key elements of enhancing the proper functioning of the Common European Asylum System. If beneficiaries are properly integrated into their host societies, incentives to engage in secondary movements should be reduced significantly.

AddedRecital 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 51: (51) In addition, especially to avoid social hardship, it is appropriate to provide beneficiaries of international protection with social assistance without discrimination. 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.

AddedRecital 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.

RemovedIt is not at all clear why persons who are in need of protection and who are granted subsidiary protection should not receive the social assistance enjoyed by other persons needing international protection. There should be no unequal treatment between persons in need of international protection. This is both legally dubious and administratively unhelpful. Once the need for protection has been established these persons all have the same social needs in the hosting Member State.

AddedRecital 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 52 a (new): (52a) Beneficiaries of international protection should 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.

AddedRecital 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.

RemovedThe wording of the recital is aligned with wording proposed by the European Commission for equal treatment provisions in legal migration instruments (notably the revision of the Blue Card). The recitals finds expression in Articles 30 and 35 respectively.

AddedRecital 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)

RemovedRecital 53: (53) In order to facilitate the integration of beneficiaries of international protection into society, beneficiaries of international protection shall have 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, available and free of charge.

AddedArticle 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;

RemovedThe Rapporteur welcomes the provisions on access to integration measures but believes that such measures must always be free of charge, easily accessible to beneficiaries of international protection (i.e. not limited to one or two big cities in a Member State) and take account of any particular needs of the beneficiary in question. This is even more imperative if a Member State wishes to make participation compulsory for beneficiaries of international protection.

RemovedArticle 2 – paragraph 1 – point 9 – introductory part: (9) ‘family members’ means the following members of the family of the beneficiary of international protection who are present on the territory of the Member States:

RemovedFamilies formed after their arrival on the territory of the Member State should be included under the definition of family members. However, forced marriages - irrespective of where they take place, should be excluded.

Article 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;