Changes from report parliamentary committee draft to plenary report

AddedArticle 21 – paragraph 1 a (new): Paragraph 1 shall not apply to unaccompanied minors, unless it is in their best interests.

Article 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.

Change 53

RemovedLinguistic amendment.

AddedArticle 22 – paragraph 3: deleted

RemovedArticle 22 – paragraph 5: 5. When applying this Regulation, the best interests of the child shall be a primary consideration for the Member States.

AddedArticle 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.

Change 54

ChangedThe reference to the best interests of the childArticle as22 a– primaryparagraph consideration5: should5. coverWhen theapplying wholethis ofRegulation, the Regulation,best notinterests justof the provisionschild ofshall Chapterbe VIIa asprimary statedconsideration infor theMember article.States.

Change 55

AddedArticle 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.

Article 23 – paragraph 2: deleted / (deleted) / (deleted) / (deleted)

Change 56

RemovedThe principle of non-refoulment is absolute according to the Charter of Fundamental Rights of the European Union and the relevant case law of the CJEU and ECtHR therefore no person shall be returned if he or she would be subjected to torture or to inhuman or degrading treatment or punishment. This paragraph is therefore irrelevant and should be deleted.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

Article 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.

Change 57

RemovedWhere Member States decide to enhance this article for maintaining family unity, they should not be restricted to those close relatives who were dependent in whole or part on the beneficiary. Discretion should remain with the Member States in that regard.

AddedArticle 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)

Change 58

ChangedArticle 26 – paragraph 12 – pointintroductory a:part: (a)2. ForWithout beneficiariesprejudice ofto refugeeCouncil status,Directive the2003/109/EC, a residence permit shall have a period of validitynot ofbe fiverenewed yearsor andshall be renewable thereafter forrevoked periodsin ofthe fivefollowing years.cases:

Change 59

RemovedIn the interests of encouraging integration in the host Member State, and in offering a positive incentive for beneficiaries of international protection not to engage in secondary movements, the standard period of validity of residence permits should be extended and harmonised. It is important not to unduly undermine integration prospects via the perception that protection may only be temporary. The harmonised duration of residence permits granted to those in need of international protection should take full account of current practice across the Member States and should not be based on a 'race to the bottom' principle.

RemovedArticle 26 – paragraph 1 – point b: (b) For beneficiaries of subsidiary protection status, the residence permit shall have a period of validity of five years and be renewable thereafter for periods of five years.

RemovedIn the interests of encouraging integration in the host Member State, and in offering a positive incentive for beneficiaries of international protection not to engage in secondary movements, the standard period of validity of residence permits should be extended and harmonised. It is important not to unduly undermine integration prospects via the perception that protection may only be temporary. The harmonised duration of residence permits granted to those in need of international protection should take full account of current practice across the Member States and should not be based on a 'race to the bottom' principle.

Article 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;

Change 60

RemovedAmendment tabled for consistency with earlier amendments.

Article 26 – paragraph 2 – point b: deleted

Change 61

RemovedThe principle of non-refoulment is absolute according to the Charter of Fundamental Rights of the European Union and the relevant case law of the CJEU and ECtHR therefore no person shall be returned if he or she would be subjected to torture or to inhuman or degrading treatment or punishment. This paragraph is therefore irrelevant and should be deleted.

Article 26 – paragraph 2 – point c: (c) where compelling reasons of national security or public order so require.

Change 62

RemovedThe Commission proposes to delete the word ‘compelling’ which exists in the current Directive without providing good reason for such a deletion. Given that the paragraph deals with taking away the residence permit of someone who has been found to be in need of international protection, it is clear that the reasons for doing so should be ‘compelling’.

Article 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.

Change 63

RemovedIn line with the amendments proposed to the length of residence permits granted to beneficiaries of international protection, the validity of the travel documents issued to beneficiaries of international protection should also be extended. The validity period of such documents should take account of standard periods of validity for travel documents issued by Member States.

Article 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.

Change 64

RemovedIn line with the amendments proposed to the length of residence permits granted to beneficiaries of international protection, the validity of the travel documents issued to beneficiaries of international protection should also be extended. The validity period of such documents should take account of standard periods of validity for travel documents issued by Member States.

AddedArticle 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.

AddedArticle 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.

AddedArticle 28 – paragraph 2: deleted

AddedArticle 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).

AddedArticle 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;

AddedArticle 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;

AddedArticle 30 – paragraph 2 – point c: (c) education and employment-related education opportunities, vocational training, including training courses for upgrading skills, practical workplace experience;

AddedArticle 30 – paragraph 2 – point d: (d) advice and follow-up services afforded by employment offices.

AddedArticle 30 – paragraph 3: 3. Competent authorities shall facilitate full access to the activities referred to in paragraph (2)(c) and (d).

AddedArticle 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.

AddedArticle 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.

Article 34 – paragraph 2: deleted

Change 65

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.

AddedArticle 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.

Change 66

ChangedArticle 36 – paragraph 5:1 5.– Ifsubparagraph an1: unaccompaniedWhere minorit is grantednot internationalpossible protectionto andkeep the tracing ofsame hisguardian orappointed herafter familythe membersarrival hasof notthe alreadyunaccompanied started,minor competentin authoritiesthe shallterritory startof tracingthe themUnion, as soon as possible after the granting of international protection, whilst protecting the minor’s best interests.protection Ifis tracinggranted hasand alreadyin started,any itcase shallno belater continuedthan wherefive appropriate.days Inthereafter, casescompetent whereauthorities thereshall maytake bethe anecessary threatmeasures to the lifeensure orthe integrityrepresentation of theunaccompanied minorminors orby hisa orlegal herguardian closeor, relatives,where particularlynecessary, ifby theyan haveorganisation remainedresponsible infor the country of origin, care must be taken to ensure that the collection, processing and circulationwell-being of information concerning thoseminors, personsor isby undertakenany onother aappropriate confidentialrepresentation basisincluding sothat asbased toon avoidlegislation jeopardisingor theircourt safety.order.

Change 67

RemovedAmendment tabled to clarify the purpose of taking information on a confidential basis.

AddedArticle 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.

RemovedArticle 38 – paragraph 1: 1. In order to facilitate the integration of beneficiaries of international protection into society, beneficiaries of international protection shall have access to integration measures provided by the Member States, in particular civic orientation and integration programs and vocational training, which shall be free of charge and easily accessible and shall take into account their specific needs.

AddedArticle 36 – paragraph 2: 2. The appointed guardian shall have the duty of ensuring that the minor can access all rights stemming from this Regulation. The responsible entities or persons shall assess the performance of the guardian within the first month after his/her appointment, and regularly thereafter.

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. Provision on language courses in the following paragraph.

AddedArticle 36 – paragraph 3 – subparagraph 1 – point c: (c) in open centres specialised in accommodation for minors, which take account of their vulnerability and ensure their safety;

AddedArticle 36 – paragraph 3 – subparagraph 1 – point d: (d) in other open accommodation suitable for minors which takes account of their vulnerability and ensures their safety.

AddedArticle 36 – paragraph 5: 5. Tracing of family members of an unaccompanied minor shall start as soon as he or she registers his or her request for international protection. In cases where there may be a threat to the life or integrity of the minor or his or her close relatives, particularly if they have remained in the country of origin, care must be taken to ensure that the collection, processing and circulation of information concerning those persons is undertaken on a confidential basis so as to avoid jeopardising their safety.

AddedArticle 36 – paragraph 6: 6. The persons and organisations working with unaccompanied minors shall receive continuous appropriate training concerning the rights and needs of minors and child safeguarding standards will be respected as referred to in Art 22 of Regulation EU No xxx/xxx[Procedures regulation]. 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 Regulation. The guardian shall perform his or her duties in accordance with the principle of the best interests of the child, shall have the necessary qualifications and expertise to that end and shall not have a criminal record, in particular as regards 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, the person acting as guardian shall be changed only where necessary. Organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be appointed as guardians.

AddedArticle 37 – paragraph 1: 1. Beneficiaries of international protection shall have access to accommodation under conditions equivalent to those applicable to nationals of the Member State that has granted protection.

AddedArticle 37 – paragraph 2: 2. National dispersal practices of beneficiaries of international protection shall be carried out without discrimination of beneficiaries of international protection and shall ensure equal opportunities regarding access to accommodation.

AddedArticle 38 – paragraph 1: 1. In order to promote and facilitate the integration of beneficiaries of international protection into society, beneficiaries of international protection shall have access to integration measures provided by the Member States, in particular civic orientation and integration programs and vocational training, which shall be free of charge and easily accessible and shall take into account their specific needs.

Article 38 – paragraph 1 a (new): 1a. Member States shall provide beneficiaries of international protection with effective access to language courses, which shall be free of charge, from the date on which they are granted international protection.

Change 68

RemovedLanguage skills are indispensable in order to ensure that beneficiaries have an adequate standard of living, realistic job and better integration prospects. Learning the official language or one of official languages of the Member State concerned increases self-reliance and the chance of integration in the host society, and constitutes a deterrent against secondary movements. Effective access to language courses should therefore be granted to all beneficiaries from the date on which their application for international protection is granted.