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From · opinion parliamentary committee · 2017-05-08 EMPL-AD-601064 on the proposal for a regulation of the European Parliament and of the Council on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection and for the content of the protection granted and amending Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents

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To · opinion parliamentary committee draft · 2017-03-06 EMPL-PA-601064 on the proposal for a regulation of the European Parliament and of the Council on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection and for the content of the protection granted and amending Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents

+72 added · −248 removed · 16 modified paragraphs hide unchanged text

2016/0223(COD)

~~8.5.2017~~

6.3.2017

DRAFT OPINION

PA_Legam

(1) A number of substantive changes are to be made to Council Directive 2011/95/EU of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted31 (recast). To ensure harmonisation and more convergence in asylum decisions and as regards the content of international protection in order to reduce incentives to move within the European Union and ensure an equality of treatment of beneficiaries of international protection that Directive should be repealed and replaced by a Regulation.

(1) A number of substantive changes are to be made to Council Directive 2011/95/EU of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted31 (recast). To ensure harmonisation and more convergence in asylum decisions and as regards the content of international protection in order to encourage beneficiaries of international protection to remain in the Member State that granted them ~~such~~ protection and ensure an equality of treatment of beneficiaries of international protection that Directive should be repealed and replaced by a Regulation.

__________________

31 OJ L 337, 20.12.2011, p. 9.

Or. en

Amendment 2

(3) The CEAS is based on common standards for asylum procedures, recognition and protection offered at Union level, reception conditions and a system for determining the Member State responsible for asylum seekers. Notwithstanding progress achieved so far in the progressive development of the CEAS, there are still significant disparities between the Member States in the types of procedures used, the recognition rates, the type of protection granted, the level of material reception conditions and benefits given to applicants for and beneficiaries of international protection. These divergences are important drivers of secondary movements and undermine the objective of ensuring that all applicants are equally treated wherever they apply in the Union.

(3) The CEAS is based on common standards for asylum procedures, recognition and protection offered at Union level, reception conditions and a system for determining the Member State responsible for asylum seekers. Notwithstanding progress achieved so far in the progressive development of the CEAS, there are still significant disparities between the Member States in the types of procedures used, the recognition rates, the type of protection granted, the level of material reception conditions and benefits given to applicants for and beneficiaries of international protection. These divergences, together with very different macroeconomic and labour market situations ~~across~~in the Member States, are important drivers of secondary movements and undermine the objective of ~~standardised reception conditions~~ensuring ~~for~~that all applicants are equally treated wherever they apply in the Union.

Or. en

Amendment 3

Proposal for a regulation

Recital 54

Text proposed by the Commission

Amendment

(5) For a well-functioning CEAS, including of the Dublin system, substantial progress should be made regarding the convergence of national asylum systems with special regard to differing recognition rates and type of protection status in the Member States. In addition, rules on status review should be strengthened to ensure that protection is only granted to those who need it and for so long as it continues to be needed. Moreover, divergent practices regarding the duration of the residence permits should be avoided, and the rights granted to beneficiaries of international protection should be further clarified and harmonised.

(4) In its Communication of 6 April 2016,32 the Commission set out its options for improving the CEAS, namely to establish a sustainable and fair system for determining the Member State responsible for asylum seekers, to reinforce the Eurodac system, to achieve greater convergence in the EU asylum system, to prevent secondary movements within the European Union and a new mandate for the European Union Agency for Asylum agency. That Communication is in line with calls by the European Council on 18-19 February 201633 to make progress towards reforming the EU's existing framework so as to ensure a humane and efficient asylum policy. It also proposes a way forward in line with the holistic approach to migration set out by the European Parliament in its own initiative report of 12 April 2016.

(5) For a well-functioning CEAS, including of the Dublin system, substantial progress should be made regarding the convergence of national asylum systems, particularly with regard to differing recognition rates and type of protection status in the Member States. In addition, rules on status review should be strengthened to ensure that protection is only granted to those who need it and for so long as it continues to be needed. Moreover, divergent practices regarding the duration of the residence permits should be avoided, and the rights granted to beneficiaries of international protection should be further clarified and harmonised.

(4) In its Communication of 6 April 2016,32 the Commission set out its options for improving the CEAS, namely to establish a sustainable and fair system for determining the Member State responsible for asylum seekers, to reinforce the Eurodac system, to achieve greater convergence in the EU asylum system, to prevent secondary movements within the European Union and a new mandate for the European Union Agency for Asylum. That Communication is in line with calls by the European Council on 18-19 February 201633 to make progress towards reforming the EU's existing framework so as to ensure a humane and efficient asylum policy. However, it fails to propose a way forward in line with the holistic approach to migration set out by the European Parliament in its own initiative report of 12 April 2016.

__________________

32 COM (2016) 197 final.

33 EUCO 19.02.2016, SN 1/16.

Or. en

Amendment 4

Proposal for a regulation

~~Recital 6~~

~~Text proposed by the Commission~~

~~Amendment~~

~~(6) A Regulation is therefore necessary to ensure a more consistent level of harmonisation throughout the Union and to provide a higher degree of legal certainty and transparency.~~

~~(6) A Regulation is therefore necessary to ensure a faster and more consistent level of harmonisation throughout the Union and to provide a higher degree of legal certainty and transparency.~~

~~Amendment 5~~

~~Proposal for a regulation~~

Recital 8

(8) The further approximation of rules on the recognition and content of refugee and subsidiary protection status should moreover help to limit the secondary movement of applicants for international protection and beneficiaries of international protection between Member States, where such movement may have been caused by any differences in the national legal measures taken to transpose the Qualification Directive replaced by this Regulation.

(8) The further approximation of rules on the recognition and content of refugee and subsidiary protection status should moreover help to limit the secondary movement of applicants for international protection and beneficiaries of international protection between Member ~~States, and to achieve high protection standards throughout the Union.~~States.

~~Amendment 6~~

Or. en

Amendment 5

Proposal for a regulation

(10) Successful resettlement candidates should be granted international protection. Accordingly, the provisions of this Regulation on the content of international protection should apply.

~~Amendment 7~~

Or. en

~~Proposal for a regulation~~

Amendment 6

~~Recital 11~~

~~Text proposed by the Commission~~

~~Amendment~~

(11) This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union (the Charter). In particular this Regulation seeks to ensure full respect for human dignity and the right to asylum of applicants for asylum and their accompanying family members and to promote the application of the Charter's Articles relating to human dignity, respect for private and family life, freedom of expression and information, right to education, freedom to choose an occupation and right to engage in work, freedom to conduct a business, right to asylum, non-discrimination, rights of the child, social security and social assistance, health care, and should therefore be implemented accordingly.

(11) This Regulation respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union (the Charter), the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms, the 1961 European Social Charter, the 1948 Universal Declaration of Human Rights, and the 1951 Refugee Convention and the 1967 Protocol thereto. In particular this Regulation seeks to ensure full respect for human dignity and the right to asylum of applicants for asylum and their accompanying family members and to promote the application of the Charter's Articles relating to human dignity, respect for private and family life, freedom of expression and information, right to education, freedom to choose an occupation and right to engage in work, freedom to conduct a business, right to asylum, non-discrimination, rights of the child, the enjoyment of social rights including social security and social assistance, health care, and should therefore be implemented accordingly.

~~Amendment 8~~

Proposal for a regulation

(13) The resources of the Asylum, Migration and Refugee Fund should be used to provide adequate support to Member States’ efforts in implementing the standards set by the Regulation, in particular to those Member States which are faced with specific and disproportionate pressure on their asylum systems, due in particular to their geographical or demographic situation.

(13) The resources of the Asylum, Migration and Integration Fund should be used to provide adequate support to Member ~~States'~~States’ efforts in implementing the standards set by ~~this~~the Regulation, in particular ~~in relation~~ to ~~promoting sustainable integration of beneficiaries of international protection and to providing support to~~ those Member States which are ~~facing~~faced ~~challenges~~with asspecific ~~part~~and ofdisproportionate pressure on their asylum systems, due in particular to their ~~social, geographical~~geographical, or demographic situation. To that end, adequate funding should be made available to local and regional authorities and international and civil society organisations, including through the possibility for local and regional authorities to access the Asylum Migration and Integration Fund and other funds for actions that fall directly under their responsibilities in a more direct and efficient manner.

~~Amendment 9~~

Or. en

~~Proposal for a regulation~~

Amendment 7

~~Recital 15~~

~~Text proposed by the Commission~~

~~Amendment~~

(15) When applying this Regulation the ‘best interests of the child’ should be a primary consideration, in line with the 1989 United Nations Convention on the Rights of the Child. In assessing the best interests of the child, Member States' authorities should in particular take due account of the principle of family unity, the minor’s well-being and social development, safety and security considerations and the views of the minor in accordance with his or her age and maturity.

(15) When applying this Regulation the ‘best interests of the child’ should be a primary consideration, in line with the 1989 United Nations Convention on the Rights of the Child. In assessing the best interests of the child, Member States' authorities should in particular take due account of the principle of family unity, the minor’s well-being and social development, the minor's cultural origin and linguistic skills, safety and security considerations and the views of the minor in accordance with his or her age and maturity.

~~Amendment 10~~

Proposal for a regulation

(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 ~~consider~~find that the statements of the applicant to 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.

~~Amendment 11~~

Or. en

~~Proposal for a regulation~~

Amendment 8

~~Recital 34~~

~~Text proposed by the Commission~~

~~Amendment~~

(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 and the European Court of Human Rights, should include violence that may extend to people irrespective of their personal circumstances. Factors to be taken into account when determining whether indiscriminate violence exists could include external aggression, occupation, foreign domination, internal conflicts, severe violation of human rights or events seriously disturbing public order in the country of origin, or in a part thereof.

~~Amendment 12~~

Proposal for a regulation

(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.

~~Amendment 13~~

Or. en

Amendment 9

Proposal for a regulation

(39) With a view to ascertaining whether beneficiaries of international protection are still in need of that protection, determining authorities should review the granted status when the residence permit has to be renewed, for the first time in the case of refugees, and for the first and second time in the case of beneficiaries of subsidiary protection, as well as 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 .

(39) With a view to ascertaining whether beneficiaries of international protection are still in need of that protection, determining authorities ~~may~~should 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 .

~~_________________~~

__________________

~~_________________~~

__________________

37 COM(2016)271 final.

~~Amendment 14~~

Or. en

~~Proposal for a regulation~~

Amendment 10

~~Recital 41~~

~~Text proposed by the Commission~~

~~Amendment~~

(41) When the refugee status or the subsidiary protection status ceases to exist, the application of the decision by which the determining authority of a Member State revokes, ends or does not renew 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.

(41) When the refugee status or the subsidiary protection status ceases to exist, the application of the decision by which the determining authority of a Member State revokes, ends or does not renew 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 or medical reasons, or reasons related to employment or to education, in accordance with relevant Union and national law.

~~Amendment 15~~

Proposal for a regulation

Recital 4342

Text proposed by the Commission

Amendment

(43) In order to prevent secondary movements within the European Union, 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 Regulation41.

(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, for a period up to 90 days in any 180-day period 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.

(43) In order to discourage secondary movements within the European Union, 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 Regulation41.

(42) Beneficiaries of international protection should be encouraged to 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, for a period up to 90 days in any 180-day period 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.

~~_________________~~

__________________

~~_________________~~

__________________

~~41 (EU)No [xxx/xxxx New Dublin Regulation].~~

38 Regulation 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders.

~~41 (EU)No [xxx/xxxx New Dublin Regulation].~~

38 Regulation 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders.

~~Amendment 16~~

39 Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders.

40 COM (2016) 378 final.

Or. en

Amendment 11

Proposal for a regulation

(44) In order to discourage secondary movements within the European Union, the Long Term Residence Directive 2003/109/EC should be amended to provide that the 5-year period after which beneficiaries of international protection are eligible for the Long Term Resident status should be restarted each time the person is found in a Member State, other than the one that granted international protection, without a right to stay or to reside there in accordance with relevant Union or national law.

~~deleted~~

(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.

~~Amendment 17~~

Or. en

Amendment 12

Proposal for a regulation

(47) Within the limits set out by international obligations, the granting of benefits with regard to access to employment and social security may require the prior issuing of a residence permit.

~~Amendment 18~~

Or. en

~~Proposal for a regulation~~

Amendment 13

~~Recital 48~~

~~Text proposed by the Commission~~

~~Amendment~~

(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. In the context of exercising their right equal treatment as regards membership of an organisation representing workers or engaging in a specific occupation, beneficiaries of international protection may likewise be excluded from taking part in the management of bodies governed by public law and from holding an office governed by public law

~~Amendment 19~~

Proposal for a regulation

(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 and measures in particular as regards education and employment-related educational opportunities, vocational training and access to recognition 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.

~~Amendment 20~~

Or. en

~~Proposal for a regulation~~

Amendment 14

~~Recital 50~~

~~Text proposed by the Commission~~

~~Amendment~~

~~(50) Equal treatment should be provided for beneficiaries of international protection with nationals of the Member State granting protection as regards social security.~~

(50) Equal treatment and the principle of non-discrimination should be applied to beneficiaries of international protection with nationals of the Member State granting protection as regards social security.

~~Amendment 21~~

Proposal for a regulation

(51) In addition, especially to avoid social hardship, it is appropriate to provide beneficiaries of international protection with social assistance without discrimination. However, as regards beneficiaries of subsidiary protection, Member States should be given some flexibility, to limit such rights to core benefits, which is to be understood as covering at least minimum income support, assistance in the case of illness, or pregnancy, and parental assistance, in so far as those benefits are granted to nationals under national law. In order to facilitate their integration, Member States should be given the possibility to make the access to certain type of social assistances specified in national law, for both refugees and beneficiaries of subsidiary protection, conditional on the effective participation of the beneficiary of international protection in integration measures.

(51) In addition, especially to avoid social ~~hardship~~hardship, ~~and~~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 ~~integration~~possibility to make the access to certain types of ~~beneficiaries~~social assistance specified in national law, conditional on the effective participation of the beneficiary of international protection ~~and of~~in ~~subsidiary~~integration ~~protection,~~measures, itprovided isthat ~~appropriate~~such tomeasures ~~provide~~are ~~them~~easily ~~with~~accessible, ~~social~~available and ~~legal assistance~~free ~~without~~of ~~discrimination.~~charge.

~~Amendment 22~~

Or. en

~~Proposal for a regulation~~

Amendment 15

~~Recital 52~~

~~Text proposed by the Commission~~

~~Amendment~~

~~(52) Access to healthcare, including both physical and mental healthcare, should be ensured to beneficiaries of international protection.~~

~~(52) Access to healthcare, including both physical and mental, sexual and reproductive healthcare, should be ensured to beneficiaries of international protection.~~

~~Amendment 23~~

~~Proposal for a regulation~~

~~Recital 52 a (new)~~

~~Text proposed by the Commission~~

~~Amendment~~

(52a) Beneficiaries of international protection should also 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.

~~Amendment 24~~

Proposal for a regulation

(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.

(53) In order to facilitate the integration of beneficiaries of international protection into society, beneficiaries of international protection ~~should~~shall have ~~free and effective~~ 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~~accessible, available and free of charge. Participation in the measures in question should always be without prejudice to the rights and obligations established by this Regulation and should never constitute grounds for review, revocation, ending, refusal or non-renewal of refugee status or subsidiary protection status. ~~Any sanction established by Member States in national law, regarding failure to attend obligatory integration measures, should always be proportional.~~

~~Amendment 25~~

Or. en

Amendment 16

Proposal for a regulation

deleted

~~Amendment 26~~

Or. en

Amendment 17

Proposal for a regulation

deleted

~~Amendment 27~~

Or. en

Amendment 18

Proposal for a regulation

3. Within the limits set by international obligations, granting of benefits with regard to access to employment, social security may require the prior issuing of a residence permit.

~~Amendment 28~~

Or. en

~~Proposal for a regulation~~

Amendment 19

~~Article 22 – paragraph 4~~

~~Text proposed by the Commission~~

~~Amendment~~

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 minor 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.

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.

~~Amendment 29~~

~~Proposal for a regulation~~

~~Article 24 – paragraph 1~~

~~Text proposed by the Commission~~

~~Amendment~~

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 or is reasonably supposed to understand and shall make explicit references to the consequences of not complying with the obligations outlined in Article 28 on movement within the Union.

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 writing, 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 29 on movement within the Union.

~~Amendment 30~~

Proposal for a regulation

(a) For beneficiaries of refugee status, the residence permit shall have a period of validity of five years and be renewable thereafter for periods of five years.

~~Amendment 31~~

Or. en

Amendment 20

Proposal for a regulation

(b) For beneficiaries of subsidiary protection status, the residence permit shall have a period of validity of one year and be renewable thereafter for periods of two years.

(b) For beneficiaries of subsidiary protection status, the residence permit shall have a period of validity of five ~~years~~year and be renewable thereafter for periods of five years.

~~Amendment 32~~

Or. en

~~Proposal for a regulation~~

Amendment 21

~~Article 28 – paragraph 1~~

~~Text proposed by the Commission~~

~~Amendment~~

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 who are in a comparable situation.

~~Amendment 33~~

Proposal for a regulation

(a) working conditions, including pay and dismissal, working hours, leave and holidays as well as health and safety requirements at the workplace;

(a) working conditions, including pay and dismissal, working hours, ~~leave~~maternity ~~and~~leave, ~~holidays,~~leave ~~family~~and ~~leave~~holidays as well as health and safety requirements at the workplace;

~~Amendment 34~~

Or. en

Amendment 22

Proposal for a regulation

(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;

~~Amendment 35~~

Or. en

Amendment 23

Proposal for a regulation

(c) employment-related education opportunities for adults, vocational training, including training courses for upgrading skills, practical workplace experience;

(c) education and employment-related education ~~opportunities,~~opportunities for adults, vocational training, including training courses for upgrading skills, practical workplace experience;

~~Amendment 36~~

Or. en

~~Proposal for a regulation~~

Amendment 24

~~Article 30 – paragraph 2 – point d~~

~~Text proposed by the Commission~~

~~Amendment~~

~~(d) advice services afforded by employment offices.~~

~~(d) advice and follow-up services afforded by employment offices.~~

~~Amendment 37~~

~~Proposal for a regulation~~

~~Article 30 – paragraph 3~~

~~Text proposed by the Commission~~

~~Amendment~~

~~3. Competent authorities, where necessary shall facilitate the full access to the activities referred to in paragraph (2)(c) and (d).~~

~~3. Competent authorities, shall facilitate the full access to the activities referred to in paragraph (2)(c) and (d).~~

~~Amendment 38~~

~~Proposal for a regulation~~

~~Article 31 – paragraph 2~~

~~Text proposed by the Commission~~

~~Amendment~~

2. Adults granted international protection shall have access to the general education system, further training or retraining, under the same conditions as third-country nationals legally resident in that Member State who are in a comparable situation.

~~2. Adults granted international protection shall have access to the general education system, further training or retraining, under the same conditions as nationals.~~

~~Amendment 39~~

Proposal for a regulation

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, which shall be free of charge, available and easily accessible.

~~Amendment 40~~

Or. en

Amendment 25

Proposal for a regulation

deleted

~~Amendment 41~~

Or. en

Amendment 26

Proposal for a regulation

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 adequate healthcare, including treatment of mental disorders when needed, under the same eligibility conditions as nationals of the Member State that has granted protection.

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.~~nationals.

~~Amendment 42~~

Or. en

~~Proposal for a regulation~~

Amendment 27

~~Article 36 – paragraph 1 – subparagraph 1~~

~~Text proposed by the Commission~~

~~Amendment~~

As soon as possible after international protection is granted and within five working days at the latest, as outlined in Article 22(1) of Regulation EU no xxx/xxx[Procedures regulation], competent authorities shall take the necessary measures to ensure the representation of unaccompanied minors by a legal guardian or, where necessary, by an organisation responsible for the care and well-being of minors, or by any other appropriate representation including that based on legislation or court order.

As soon as possible and within five days at the latest, as outlined in Article 22(1) of Regulation EU no xxx/xxx[Procedures regulation], competent authorities shall take the necessary measures to ensure the representation of unaccompanied minors by a legal guardian or, where necessary, by an organisation responsible for the care and well-being of minors, or by any other appropriate representation including that based on legislation or court order.

~~Amendment 43~~

~~Proposal for a regulation~~

~~Article 36 – paragraph 3 – subparagraph 1 – point d~~

~~Text proposed by the Commission~~

~~Amendment~~

~~(d) in other accommodation suitable for minors.~~

~~deleted~~

~~Amendment 44~~

~~Proposal for a regulation~~

~~Article 36 – paragraph 4~~

~~Text proposed by the Commission~~

~~Amendment~~

4. As far as possible, siblings shall be kept together, taking into account the best interests of the minor concerned and, in particular, his or her age and degree of maturity. Changes of residence of unaccompanied minors shall be limited to a minimum.

~~Amendment 45~~

~~Proposal for a regulation~~

~~Article 37 – paragraph 1~~

~~Text proposed by the Commission~~

~~Amendment~~

1. Beneficiaries of international protection shall have access to accommodation under conditions equivalent to those applicable to other third-country nationals legally resident in the territories of the Member States who are in a comparable situation.

~~1. Beneficiaries of international protection shall have access to accommodation under conditions equivalent to those applicable to nationals.~~

~~Amendment 46~~

~~Proposal for a regulation~~

~~Article 37 – paragraph 2~~

~~Text proposed by the Commission~~

~~Amendment~~

2. National dispersal practices of beneficiaries of international protection shall be carried out to the extent possible without discrimination of beneficiaries of international protection and shall ensure equal opportunities regarding access to accommodation.

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.

~~Amendment 47~~

~~Proposal for a regulation~~

~~Article 38 – paragraph 1~~

~~Text proposed by the Commission~~

~~Amendment~~

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 language courses, civic orientation and integration programs and vocational training which take into account their specific needs.

~~Amendment 48~~

Proposal for a regulation

2. Member States may make participation in integration measures compulsory.

2. Member States may make participation in integration measures compulsory, provided that the integration measures in question are easily accessible, free of charge and ~~easily accessible, and~~ take account of the specific needs of the beneficiary of international protection. Participation in integration measures shall be without prejudice to the rights and obligations established by this Regulation and shall not constitute grounds for review, revocation, ending, refusal or non-renewal of refugee status or subsidiary protection status and the rights and obligations ~~with regard thereto.~~therein.

~~PROCEDURE – COMMITTEE ASKED FOR OPINION~~

Or. en

~~Title~~

Standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection and for the content of the protection granted and amending Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents

~~References~~

~~COM(2016)0466 – C8-0324/2016 – 2016/0223(COD)~~

~~Committee responsible~~

~~Date announced in plenary~~

~~LIBE~~

~~12.9.2016~~

~~Opinion by~~

~~Date announced in plenary~~

~~EMPL~~

~~12.9.2016~~

~~Rapporteur~~

~~Date appointed~~

~~Brando Benifei~~

~~9.9.2016~~

~~Discussed in committee~~

~~22.3.2017~~

~~Date adopted~~

~~3.5.2017~~

~~Result of final vote~~

–:

~~Members present for the final vote~~

Laura Agea, Guillaume Balas, Brando Benifei, Mara Bizzotto, Vilija Blinkevičiūtė, Enrique Calvet Chambon, Ole Christensen, Lampros Fountoulis, Elena Gentile, Arne Gericke, Marian Harkin, Czesław Hoc, Danuta Jazłowiecka, Agnes Jongerius, Rina Ronja Kari, Jan Keller, Ádám Kósa, Kostadinka Kuneva, Jean Lambert, Jérôme Lavrilleux, Jeroen Lenaers, Verónica Lope Fontagné, Javi López, Thomas Mann, Dominique Martin, Anthea McIntyre, Elisabeth Morin-Chartier, Emilian Pavel, Marek Plura, Sofia Ribeiro, Robert Rochefort, Maria João Rodrigues, Claude Rolin, Anne Sander, Sven Schulze, Romana Tomc, Yana Toom, Ulrike Trebesius, Marita Ulvskog, Renate Weber, Tatjana Ždanoka, Jana Žitňanská

~~Substitutes present for the final vote~~

~~Georges Bach, Heinz K. Becker, Lynn Boylan, Rosa D’Amato, Tania González Peñas, Paloma López Bermejo, Edouard Martin, Tamás Meszerics, Flavio Zanonato~~

~~Substitutes under Rule 200(2) present for the final vote~~

~~Petra Kammerevert~~

~~FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION~~

~~ALDE~~

~~EPP~~

~~Green/EFA~~

~~GUE/NGL~~

~~S&D~~

~~Enrique Calvet Chambon, Marian Harkin, Robert Rochefort, Yana Toom, Renate Weber~~

Georges Bach, Heinz K. Becker, Danuta Jazłowiecka, Jérôme Lavrilleux, Jeroen Lenaers, Verónica Lope Fontagné, Thomas Mann, Elisabeth Morin-Chartier, Marek Plura, Sofia Ribeiro, Claude Rolin, Anne Sander, Sven Schulze, Romana Tomc

~~Jean Lambert, Tamás Meszerics, Tatjana Ždanoka~~

~~Lynn Boylan, Tania González Peñas, Rina Ronja Kari, Kostadinka Kuneva, Paloma López Bermejo~~

Guillaume Balas, Brando Benifei, Vilija Blinkevičiūtė, Ole Christensen, Elena Gentile, Agnes Jongerius, Petra Kammerevert, Jan Keller, Javi López, Edouard Martin, Emilian Pavel, Maria João Rodrigues, Marita Ulvskog, Flavio Zanonato

~~ECR~~

~~ENF~~

~~Arne Gericke, Czesław Hoc, Anthea McIntyre, Ulrike Trebesius, Jana Žitňanská~~

~~Mara Bizzotto~~

~~Lampros Fountoulis~~

~~EFDD~~

~~ENF~~

~~EPP~~

~~Laura Agea~~

~~Mireille D'Ornano, Dominique Martin~~

~~Ádám Kósa~~

~~Key to symbols:~~

~~+ : in favour~~

~~- : against~~

~~0 : abstention~~