Changes from report parliamentary committee draft to plenary report

Change 26

ChangedArticle 11 – paragraph 1 – point d:a deleteda (new): (aa) the objectives of this Regulation;

Change 27

RemovedDeleted, and content moved to the introductory part.

AddedArticle 11 – paragraph 1 – point a b (new): (ab) the cooperation expected by the applicant with the competent authorities as set out in Article 9;

AddedArticle 11 – paragraph 1 – point a c (new): (ac) a statement to the effect that the right to apply for international protection does not encompass a choice by the applicant as to which Member State is responsible for examining the application for international protection or is the Member State of relocation;

AddedArticle 11 – paragraph 1 – point b: (b) the consequences of making another application in a different Member State as well as the consequences of leaving the Member State where he or she is required to be present during the phases of determining the Member State responsible, in particular Article 10(1);

AddedArticle 11 – paragraph 1 – point c: (c) the criteria of this Regulation and the procedures for determining the Member State responsible, the hierarchy of such criteria in the different steps of the procedure and their duration, including the specific criteria applied by the determining Member States in the individual case;

AddedArticle 11 – paragraph 1 – point c a (new): (ca) the provisions relating to family reunification and, in that regard, the applicable definition of family members and relatives;

AddedArticle 11 – paragraph 1 – point d: (d) the right to and purpose of the personal interview pursuant to Article 12, the procedure and the obligation to submit orally or through the provision of documents information as soon as possible in the procedure any relevant information that could help to establish the presence of family members, relatives or any other family relations in the Member States, including the means by which the applicant can submit such information, as well as any assistance that the Member State can offer with regard to the tracing of family members or relatives;

Article 11 – paragraph 1 – point e: deleted

Change 28

RemovedContent moved to (c).

AddedArticle 11 – paragraph 1 – point e a (new): (ea) the possibility to request that the discretionary clause be applied in accordance with Article 25, as well as the specific arrangements relating to the procedure, including the discretion of application for the Member State;

RemovedArticle 11 – paragraph 1 – point i: (i) of the categories of personal data concerned, including the categories of data processed in the application of Regulation (EU) XXX/XXX [Eurodac Regulation];

AddedArticle 11 – paragraph 1 – point f: (f) the possibility and arrangements to challenge a transfer decision within the time limits set out in Article 33, as well as the existence of the right to an effective remedy before a court or tribunal, including in a situation where no transfer decision is issued and the fact that the challenge to a transfer decision has suspensive effect;

Change 29

ChangedArticle 11 – paragraph 1 – point kg: a(g) (new):the (ka)right whereto applicable,be ofgranted, anon agerequest, assessmentlegal assistance free of ancharge applicantwhere orthe aperson DNA-testconcerned tocannot proveafford athe family-link;costs involved;

Change 30

AddedArticle 11 – paragraph 1 – point h: (h) the fact that the competent authorities of Member States and the Asylum Agency will process personal data of the applicant including for the exchange of data on him or her for the sole purpose of implementing their obligations arising under this Regulation;

AddedArticle 11 – paragraph 1 – point i: (i) the categories of personal data concerned;

AddedArticle 11 – paragraph 1 – point j: (j) the right of access to data relating to the applicant and the right to request that such data be corrected if inaccurate or be deleted if unlawfully processed, as well as the procedures for exercising those rights, including the contact details of the authorities referred to in Article 41 and of the national data protection authorities responsible for hearing claims concerning the protection of personal data, and of the contact details of the data protection officer;

AddedArticle 11 – paragraph 1 – point j a (new): (ja) the protection of natural persons with regard to the processing of personal data in accordance with Union or national law;

AddedArticle 11 – paragraph 1 – point k: (k) in the case of an unaccompanied minor, the guarantees and rights applicable to the applicant, the role and responsibilities of the applicant’s guardian and the procedure to file complaints against a guardian in confidence and safety and in full respect of the child's right to be heard in this respect;

AddedArticle 11 – paragraph 1 – point k a (new): (ka) where applicable, the fact that an age assessment or a DNA-test to prove family-link will be carried out;

AddedArticle 11 – paragraph 1 a (new): 1a. The competent authorities of the Member States shall keep the applicants informed of the progress of the procedure for determining the Member State responsible on a regular basis with regard to their application. Where the applicant is a minor, the competent authorities shall inform both the minor and the parent or the guardian.

Article 11 – paragraph 2: deleted / (deleted)

Change 31

RemovedArticle 11 – paragraph 3: 3. The Asylum Agency shall, in close cooperation with the responsible national authorities, produce common information and material, in clear and plain language, as well as specific information for unaccompanied minors and other vulnerable groups, containing the information referred to in paragraph 1. / Member States shall use the common information and material referred to in the first subparagraph and may complement it with additional Member State-specific information. / Where necessary for the applicant’s proper understanding, the information shall also be supplied orally.

AddedArticle 11 – paragraph 3: deleted

RemovedArticle 12 – paragraph 6 – subparagraph 1 a (new): The Member States may also use audio recordings subject to the agreement of the applicant or the applicant’s legal advisor or counsellor.

AddedArticle 11 a (new): Article 11a / Accessibility of information / 1. The information referred to in Article 11 shall be provided in writing in the mother tongue of the applicant or in a language that the applicant understands. The information shall be provided in a concise and transparent manner, in an easily accessible form, and in advance of the personal interview as referred to in Article 12. / Member States shall use the common information material drawn up in clear and plain language pursuant to paragraph 2 for that purpose. / The competent authority shall ensure that the applicant understands the information and has the opportunity to ask questions to clarify or follow up on the information. / Where necessary for the applicant’s proper understanding, the information shall also be supplied orally, with the support of multimedia equipment. / 2. The Asylum Agency shall, in close cooperation with the responsible national authorities, produce common information material, in clear and plain language, as well as a targeted information to specific target groups and specific information for unaccompanied minors and other vulnerable groups, containing at least the information referred to in Article 11. That common information material shall also include information regarding the application of Regulation (EU) XXX/XXX [Eurodac Regulation] and, in particular, the purpose for which the data of an applicant may be processed within Eurodac. / The common information material referred to in the first subpar…

RemovedArticle 13 – paragraph 4 – point e a (new): (ea) any other reasons relevant to the assessment of the best interests of the child.

AddedArticle 11 b (new): Article 11b / Right to legal assistance and representation / An applicant shall, in accordance with Article 14 of Regulation (EU) xxx/xxx [Asylum Procedure Regulation] have the right to consult, in an effective manner, a legal representative, admitted or permitted as such under national law, on matters relating, at all stages, to the determination of the Member State responsible for his or her application.

RemovedArticle 20: deleted / (deleted) / (deleted) / (deleted)

AddedArticle 12 – paragraph 1: 1. In order to facilitate the process of determining the Member State responsible, the competent authorities of the determining Member State shall conduct a personal interview with the applicant to allow the proper understanding of the specific individual situation of the applicant and the information he or she received in accordance with Article 11.

RemovedArticle 21: deleted / (deleted) / (deleted) / (deleted) / (deleted)

AddedArticle 12 – paragraph 1 – subparagraph 1 a (new): The determining Member States shall proactively ask question on all aspects of the claim that would allow for the determination of the Member State responsible or aspects that would preclude the transfer of an applicant due to a real risk of serious violations of the applicant’s fundamental rights.

RemovedArticle 28 – paragraph 1: 1. The Member State which has justified reasons to believe that another Member State is responsible for the examination of an application for international protection shall immediately start the process of submitting a take charge request or a take back notification pursuant to Articles 29 and 31.

AddedArticle 12 – paragraph 2 – point a: (a) the applicant has absconded, and is not available to the authorities;

RemovedArticle 28 – paragraph 2: 2. The requesting or notifying Member State shall continue the process of determining the Member State responsible if the applicant leaves the territory of that Member State without authorisation or is otherwise not available to the competent authorities of that Member State.

AddedArticle 12 – paragraph 2 – point c: (c) after having received the information referred to in Article 11, the applicant has already provided the information relevant to determine the Member State responsible by other means, unless the applicant requests the personal interview. The Member State omitting the interview shall give the applicant the opportunity to present all further information which is relevant to correctly determine the Member State responsible within the period referred to in Article 29(1), unless the applicant requests the personal interview.

Change 32

ChangedArticle 2912 – paragraph 13: –3. subparagraphThe 1:personal Ifinterview ashall Membertake Stateplace wherein ana applicationtimely formanner internationaland, protectionin hasany beenevent, registeredbefore considersany thatdecision anotheron the Member State is responsible for examining the application, it shall, immediately and in any event within one month ofis thetaken dateor ona whichtake thecharge applicationor wastake registered,back request that otheris Membermade Statepursuant to takeArticle charge29 ofor theArticle applicant.31.

Change 33

AddedArticle 12 – paragraph 4: 4. The personal interview shall be conducted in the applicant’s mother tongue or in a language that the applicant understands and in which he or she is able to communicate. Interviews of unaccompanied minors shall be conducted in a child-friendly manner, by staff who are appropriately trained and qualified under national law, in the presence of the guardian and, where applicable, the minor’s legal advisor. Where necessary, Member States shall have recourse to a qualified interpreter, and where appropriate a cultural mediator, who is able to ensure appropriate communication between the applicant and the person conducting the personal interview. The applicant may request to be interviewed and assisted by staff of the same sex.

AddedArticle 12 – paragraph 4 a (new): 4a. In addition to the presence of the legal advisor and, where applicable, a representative during the interview, the applicant shall have the right to nominate one person of his or her trust to accompany him or her to the interview.

AddedArticle 12 – paragraph 5: 5. The personal interview shall take place under conditions which ensure appropriate confidentiality. It shall be conducted by a qualified person under national law, having received sufficient training to take account of the personal and general circumstances of the applicant. Staff interviewing applicants shall also have acquired general knowledge of problems which could adversely affect the applicant’s ability to be interviewed, such as indicators showing that the person may have been the victim of torture or gender-based violence in the past. Applicants who are identified as being in need of specific procedural guarantees pursuant to Regulation (EU) XXX/XXX [Asylum Procedure Regulation], shall be provided with adequate support in order to create the conditions necessary for effectively presenting all elements allowing for the determination of the Member State responsible.

AddedArticle 12 – paragraph 6: 6. The Member State conducting the personal interview shall make an audio recording of the interview and make a written summary thereof which shall contain at least the main information supplied by the applicant at the interview. The main elements of the summary shall be verified by the applicant, and where relevant, by the guardian or legal representative. The summary may either take the form of a report or a standard form. The Member State shall ensure that the applicant or the legal advisor or other counsellor who is representing the applicant have timely access to the summary, as soon as possible after the interview and in any event before the competent authorities take a decision on the Member State responsible.

AddedArticle 13 – paragraph 1: 1. The best interests of the child shall be a primary consideration for Member States with respect to all procedures provided for in this Regulation. Procedures including minors shall be treated with priority.

AddedArticle 13 – paragraph 2 – subparagraph 1: Member States where unaccompanied minors are present shall ensure that they are represented and assisted by a guardian and legal representative with respect to the procedures provided for in this Regulation. The guardian shall have the resources, qualifications, training, expertise and independence to ensure that the best interests of the minor are taken into consideration during the procedures carried out under this Regulation. The guardian shall have access to the content of the relevant documents in the applicant’s file including the specific information material for unaccompanied minors and shall inform the minor accordingly about the procedure. / The guardian shall be appointed as soon as possible, and in any event prior to the collection of biometric data pursuant to Articles 10, 13 and 14a of Regulation (EU) xxx/xxx [Eurodac Regulation].

AddedArticle 13 – paragraph 2 – subparagraph 2: Where an organisation is appointed as a guardian, it shall designate a person responsible for carrying out its duties in respect of the minor. The first subparagraph shall apply to that person.

AddedArticle 13 – paragraph 2 – subparagraph 3: The guardian provided for in the first subparagraph may be the same person or organisation as provided for in Article 22 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation].

AddedArticle 13 – paragraph 3: 3. The guardian of an unaccompanied minor shall be involved in the process of establishing the Member State responsible from the start of, and throughout, the procedure under this Regulation and any other rights of the minor. The guardian shall assist the unaccompanied minor to provide information relevant to the assessment of his or her best interests in accordance with paragraph 4, including the exercise of the right to be heard, and shall support his or her engagement with other actors, such as family tracing organisations, where appropriate for that purpose, with due regard to confidentiality obligations to the minor. The guardian shall keep the unaccompanied minor informed about the progress of the procedures under this Regulation, and ensure that the unaccompanied minor have access to information, legal advice and representation.

AddedArticle 13 – paragraph 4 – introductory part: 4. In assessing the best interests of the child, Member States shall closely cooperate and exchange information with each other and shall, in particular, take due account of the following non-exhaustive list of factors and rights of the child:

AddedArticle 13 – paragraph 4 – point a: (a) the right to family life, including family reunification possibilities;

AddedArticle 13 – paragraph 4 – point b: (b) the minor’s well-being and social development in the short, medium and long term, including situations of vulnerabilities such as trauma, specific health needs and disability, taking into particular consideration the minor’s ethnic, religious, cultural and linguistic background, and having regard to the need for stability and continuity in care and custodial arrangements and access to health and education services;

AddedArticle 13 – paragraph 4 – 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 and exploitation, including trafficking in human beings or violence within the family ;

AddedArticle 13 – paragraph 4 – point d: (d) the views of the minor, in accordance with his or her age and maturity, in accordance with his or her right to be heard;

AddedArticle 13 – paragraph 4 – point e: (e) where the applicant is an unaccompanied minor, the information provided by the guardian in the Member State where the unaccompanied minor is present.

AddedArticle 13 – paragraph 4 – point e a (new): (ea) any other reasons relevant to the assessment of the best interest of the child.

AddedArticle 13 – paragraph 5: 5. Before transferring an unaccompanied minor to the Member State responsible or, where applicable, to the Member State of relocation, the transferring Member State shall obtain individual guarantees that the Member State responsible or the Member State of relocation takes the measures referred to in Articles 14 and 23 of Directive XXX/XXX/EU [Reception Conditions Directive] and Article 22 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation] without delay. The individual guarantee shall also include the appointment of a guardian in the Member State of transfer, and a guarantee of a handover to a designated guardian. Any decision to transfer or not to transfer an unaccompanied minor shall be preceded by an individual assessment of his/her best interests. The assessment shall be based on the factors listed in paragraph 4 and the conclusions of the assessment on these factors shall be clearly stated in the transfer decision. The assessment shall be done swiftly by staff with the necessary qualifications and expertise to ensure that the best interests of the minor are taken into consideration.

AddedArticle 13 – paragraph 6 – subparagraph 1: For the purpose of applying Article 15, the Member State where an unaccompanied minor’s application for international protection was registered shall immediately take appropriate action to identify the family members or relatives of the unaccompanied minor on the territory of Member States, whilst protecting the best interests of the child.

AddedArticle 13 – paragraph 6 – subparagraph 2 a (new): In cases where there may be a threat to the life or integrity of the minor or his or her close relatives, in particular 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, as to avoid jeopardising their safety.

AddedArticle 13 – paragraph 6 – subparagraph 3: The staff of the competent authorities referred to in Article 41 who deal with requests concerning unaccompanied minors shall have received, and shall continue to receive, appropriate training concerning the specific needs of minors and the identification of vulnerabilities or trauma, and on the right of the child.

AddedArticle 13 – paragraph 7: 7. With a view to facilitating the appropriate action to identify the family members or relatives of an unaccompanied minor living in the territory of another Member State pursuant to paragraph 6, the Commission shall adopt delegated acts in accordance with Article 68 on:

AddedArticle 13 – paragraph 7 – point a (new): (a) common standards on the identification of family members or relatives;

AddedArticle 13 – paragraph 7 – point b (new): (b) the criteria for establishing family links;