On the proposal for a directive of the European Parliament and of the Council laying down standards for the reception of applicants for international protection (recast)

Committee on Employment and Social Affairs

2016/0222(COD)

10.2.2017

DRAFT OPINION

PA_Legam

SHORT JUSTIFICATION

The proposed reform of the Common European Asylum System aims at shaping a more sustainable, fairer and holistic EU migration policy, based on the principles of fair sharing of responsibility and solidarity among Member States.

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

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

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

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

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

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

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

AMENDMENTS

The Committee on Employment and Social Affairs calls on the Committee on Civil Liberties, Justice and Home Affairs, as the committee responsible, to take into account the following amendments:

Amendment 1

Proposal for a directive

Recital 3

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 2

Proposal for a directive

Recital 5

Text proposed by the Commission

Amendment

(5) Reception conditions continue to vary considerably between Member States both in terms of how the reception system is organised and in terms of the standards provided to applicants. The persistent problems in ensuring adherence to the reception standards required for a dignified treatment of applicants in some Member States has contributed to a disproportionate burden falling on a few Member States with generally high reception standards which are then under pressure to reduce their standards. More equal reception standards set at an appropriate level across all Member States will contribute to a more dignified treatment and fairer distribution of applicants across the EU.

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

Or. en

Amendment 3

Proposal for a directive

Recital 8

Text proposed by the Commission

Amendment

(8) Where an applicant is present in another Member State from the one in which he or she is required to be present in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation], the applicant should not be entitled to the reception conditions set out in Articles 14 to 17.

deleted

Or. en

Amendment 4

Proposal for a directive

Recital 12

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 5

Proposal for a directive

Recital 13

Text proposed by the Commission

Amendment

(13) Applicants do not have the right to choose the Member State of application. An applicant must apply for international protection in the Member State either of first entry or, in case of legal presence, in the Member State of legal stay or residence. An applicant who has not complied with this obligation is less likely, following a determination of the Member State responsible under Regulation (EU) No XXX/XXX [Dublin Regulation], to be allowed to stay in the Member State where the application was made and consequently more likely to abscond. His or her whereabouts should therefore be closely monitored.

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

Or. en

Amendment 6

Proposal for a directive

Recital 14

Text proposed by the Commission

Amendment

(14) Applicants are required to be present in the Member State where they made an application or in the Member State to which they are transferred in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation]. In case an applicant has absconded from this Member State and, without authorisation, travelled to another Member State, it is vital, for the purpose of ensuring a well-functioning Common European Asylum System that the applicant is swiftly returned to the Member State where he or she is required to be present. Until such a transfer has taken place, there is a risk that the applicant may abscond and his or her whereabouts should therefore be closely monitored.

(14) Applicants are required to remain available to the relevant authorities of the Member State where they made an application or in the Member State to which they are transferred in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation]. In case an applicant has absconded from this Member State or, without adequate justification, travelled to another Member State, it is vital, for the purpose of ensuring a well-functioning Common European Asylum System that the applicant is swiftly returned to the Member State where he or she is required to be present. Until such a transfer has taken place, there is a risk that the applicant may abscond and his or her whereabouts should therefore be closely monitored.

Or. en

Amendment 7

Proposal for a directive

Recital 15

Text proposed by the Commission

Amendment

(15) The fact that an applicant has previously absconded to another Member State is an important factor when assessing the risk that the applicant may abscond. To ensure that the applicant does not abscond again and remains available to the competent authorities, once the applicant has been sent back to the Member State where he or she is required to be present, his or her whereabouts should therefore be closely monitored.

deleted

Or. en

Amendment 8

Proposal for a directive

Recital 16

Text proposed by the Commission

Amendment

(16) For reasons of public interest or public order, for the swift processing and effective monitoring of his or her application for international protection, for the swift processing and effective monitoring of his or her procedure for determining the Member State responsible in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation] or in order to effectively prevent the applicant from absconding, Member States should, where necessary, assign the applicant residence in a specific place, such as an accommodation centre, a private house, flat, hotel or other premises adapted for housing applicants. Such a decision may be necessary to effectively prevent the applicant from absconding in particular in cases where the applicant has not complied with the obligations to: make an application in the Member State of first irregular or legal entry; to remain in the Member State where he or she is required to be present; or in cases where the applicant has been sent back to the Member State where he or she is required to be present after having absconded to another Member State. In case the applicant is entitled to material reception conditions, such material reception conditions should also be provided subject to the applicant residing in this specific place.

(16) For reasons of public interest or public order, for the swift processing and effective monitoring of his or her application for international protection or in order to effectively prevent the applicant from absconding, Member States should be able to, where necessary, assign the applicant residence in a specific place, such as an accommodation centre, a private house, flat, hotel or other premises adapted for housing applicants. Such a decision may be necessary to effectively prevent the applicant from absconding in particular in cases where the applicant has deliberately not complied with the obligations to remain in the Member State where he or she is required to be present, has travelled to another Member State without adequate justification or in cases where the applicant has been sent back to the Member State where he or she is required to be present after having absconded to another Member State.

Or. en

Amendment 9

Proposal for a directive

Recital 18

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 10

Proposal for a directive

Recital 19

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 11

Proposal for a directive

Recital 30

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 12

Proposal for a directive

Recital 31

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 13

Proposal for a directive

Recital 32

Text proposed by the Commission

Amendment

(32) An applicant's entitlement to material reception conditions under this Directive may be curtailed in certain circumstances such as where an applicant has absconded to another Member State from the Member State where he or she is required to be present. However, Member States should in all circumstances ensure access to health care and a dignified standard of living for applicants in line with the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of the Child, in particular by providing for the applicant's subsistence and basic needs both in terms of physical safety and dignity and in terms of interpersonal relationships, with due regard to the inherent vulnerabilities of the person as applicant for international protection and that of his or her family or caretaker. Due regard must also be given to applicants with special reception needs. The specific needs of children, in particular with regard to respect for the child's right to education and access to healthcare have to be taken into account. When a minor is in a Member State other than the one in which he or she is required to be present, Member States should provide the minor with access to suitable educational activities pending the transfer to the Member State responsible. The specific needs of women applicants who have experienced gender-based harm should be taken into account, including via ensuring access, at different stages of the asylum procedure, to medical care, legal support, and to appropriate trauma counselling and psycho-social care.

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

Or. en

Amendment 14

Proposal for a directive

Recital 34

Text proposed by the Commission

Amendment

(34) In order to promote the self-sufficiency of applicants and to limit wide discrepancies between Member States, it is essential to provide clear rules on the applicants’ access to the labour market and to ensure that such access is effective, by not imposing conditions that effectively hinder an applicant from seeking employment. Labour market tests used to give priority to nationals or to other Union citizens or to third-country nationals legally resident in the Member State concerned should not hinder effective access for applicants to the labour market and should be implemented without prejudice to the principle of preference for Union citizens as expressed in the relevant provisions of the applicable Acts of Accession .

(34) In order to promote the self-sufficiency of applicants and to limit wide discrepancies between Member States, it is essential to provide clear rules on the applicants' access to the labour market and to ensure that such access is effective, by not imposing conditions, including sectoral restrictions, working time restrictions or disproportionate administrative formalities, that effectively hinder an applicant from seeking employment. Labour market tests used to give priority to nationals or to other Union citizens or to third-country nationals legally resident in the Member State concerned should not hinder effective access for applicants to the labour market and should be implemented without prejudice to the principle of preference for Union citizens as expressed in the relevant provisions of the applicable Acts of Accession.

Or. en

Amendment 15

Proposal for a directive

Recital 35

Text proposed by the Commission

Amendment

(35) The maximum time frame for access to the labour market should be aligned with the duration of the examination procedure on the merits. In order to increase integration prospects and self-sufficiency of applicants, earlier access to the labour market is encouraged where the application is likely to be well-founded, including when its examination has been prioritised in accordance with Regulation (EU) No XXX/XXX [Procedures Regulation]. Member States should therefore consider reducing that time period as much as possible with a view to ensuring that applicants have access to the labour market no later than 3 months from the date when the application was lodged in cases where the application is likely to be well-founded. Member States should however not grant access to the labour market to applicants whose application for international protection is likely to be unfounded and for which an accelerated examination procedure is applied.

(35) The maximum time frame for access to the labour market should be aligned with the duration of the examination procedure on the merits. In order to increase integration prospects and self-sufficiency of applicants, earlier access to the labour market is encouraged where the application is likely to be well-founded, including when its examination has been prioritised in accordance with Regulation (EU) No XXX/XXX [Procedures Regulation]. Member States should therefore consider reducing that time period as much as possible with a view to ensuring that applicants have access to the labour market no later than 3 months from the date when the application was lodged in cases where the application is likely to be well-founded.

Or. en

Amendment 16

Proposal for a directive

Recital 36

Text proposed by the Commission

Amendment

(36) Once applicants are granted access to the labour market, they should be entitled to a common set of rights based on equal treatment with nationals. Working conditions should cover at least pay and dismissal, health and safety requirements at the workplace, working time and leave, taking into account collective agreements in force. Applicants should also enjoy equal treatment as regards freedom of association and affiliation, education and vocational training, the recognition of professional qualifications and social security.

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

Or. en

Amendment 17

Proposal for a directive

Recital 39

Text proposed by the Commission

Amendment

(39) Due to the possibly temporary nature of the stay of applicants and without prejudice to Regulation (EU) No 1231/2010 of the European Parliament and of the Council, Member States should be able to exclude family benefits and unemployment benefits from equal treatment between applicants and their own nationals and should be able to limit the application of equal treatment in relation to education and vocational training. The right to freedom of association and affiliation may also be limited by excluding applicants from taking part in the management of certain bodies and from holding a public office.

(39) Due to the possibly temporary nature of the stay of applicants, Member States should be able to limit the right to freedom of association and affiliation by excluding applicants from taking part in the management of certain bodies and from holding a public office.

Or. en

Amendment 18

Proposal for a directive

Article 2 – paragraph 1 – point 10

Text proposed by the Commission

Amendment

(10) ‘absconding’: means the action by which an applicant, in order to avoid asylum procedures, either leaves the territory where he or she is obliged to be present in accordance with Regulation (EU) No XXX/XXX32 [Dublin Regulation] or does not remain available to the competent authorities or to the court or tribunal;

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

__________________

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32 OJ C […], […], p. […].

32 OJ C […], […], p. […].

Or. en

Amendment 19

Proposal for a directive

Article 2 – paragraph 1 – point 11

Text proposed by the Commission

Amendment

(11) ‘risk of absconding’: means the existence of reasons in an individual case, which are based on objective criteria defined by national law, to believe that an applicant may abscond;

(11) 'risk of absconding': means the existence of specific reasons in an individual case, which are based on objective and specific criteria defined by national law in accordance with guidelines of the European Asylum Support Office, to believe that an applicant may abscond;

Or. en

Amendment 20

Proposal for a directive

Article 5 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

Member States shall inform applicants, as soon as possible and at the latest when they are lodging their application for international protection, of any established benefits and of the obligations with which they must comply relating to reception conditions . They shall point out in the information provided that the applicant is not entitled to the reception conditions set out in Articles 14 to 17 of this Directive as stated in Article 17a of the same Directive in any Member State other than where he or she is required to be present in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation].

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

Or. en

Amendment 21

Proposal for a directive

Article 6

Text proposed by the Commission

Amendment

Member States shall provide applicants with a travel document only when serious humanitarian or other imperative reasons arise that require their presence in another State. The validity of the travel document shall be limited to the purpose and duration needed for the reason for which it is issued.

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

Or. en

Amendment 22

Proposal for a directive

Article 6 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

Member States shall not impose unnecessary or disproportionate documentation or other administrative requirements on applicants before granting them the rights to which they are entitled under this Directive for the sole reason that they are applicants for international protection.

Or. en

Amendment 23

Proposal for a directive

Article 7 – paragraph 2 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

2. Member States shall where necessary decide on the residence of an applicant in a specific place for any of the following reasons:

2. Member States may where necessary decide on the residence of an applicant in a specific place for any of the following reasons:

Or. en

Amendment 24

Proposal for a directive

Article 7 – paragraph 2 – subparagraph 1 – point b

Text proposed by the Commission

Amendment

(b) for the swift processing and effective monitoring of his or her application for international protection;

deleted

Or. en

Amendment 25

Proposal for a directive

Article 7 – paragraph 2 – subparagraph 1 – point d – indent 1

Text proposed by the Commission

Amendment

- for applicants who have not complied with the obligation to make an application in the first Member State of entry as set out in Article [4(1)] of Regulation (EU) No XXX/XXX [Dublin Regulation] and have travelled to another Member State without adequate justification and made an application there; or

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

Or. en

Amendment 26

Proposal for a directive

Article 7 – paragraph 2 – subparagraph 1 – point d – indent 3

Text proposed by the Commission

Amendment

- for applicants who have been sent back to the Member State where they are required to be present in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation] after having absconded to another Member State.

- for applicants who have been sent back to the Member State where they are required to be present in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation] after having absconded.

Or. en

Amendment 27

Proposal for a directive

Article 11 – paragraph 2 – subparagraph 1

Text proposed by the Commission

Amendment

Minors shall be detained only as a measure of last resort and after it having been established that other less coercive alternative measures cannot be applied effectively. Such detention shall be for the shortest period of time and all efforts shall be made to release the detained minors and place them in accommodation suitable for minors.

Minors, whether or not they are unaccompanied, shall never be detained. Their right and access to housing, care and education shall be secured and they shall have the possibility to engage in leisure activities, including play and recreational activities appropriate to their age.

Or. en

Amendment 28

Proposal for a directive

Article 11 – paragraph 2 – subparagraph 3

Text proposed by the Commission

Amendment

Where minors are detained, their right to education must be secured and they shall have the possibility to engage in leisure activities, including play and recreational activities appropriate to their age.

deleted

Or. en

Amendment 29

Proposal for a directive

Article 11 – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

Unaccompanied minors shall be detained only in exceptional circumstances. All efforts shall be made to release the detained unaccompanied minor as soon as possible.

deleted

Or. en

Amendment 30

Proposal for a directive

Article 11 – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

Unaccompanied minors shall never be detained in prison accommodation.

deleted

Or. en

Amendment 31

Proposal for a directive

Article 11 – paragraph 3 – subparagraph 3

Text proposed by the Commission

Amendment

As far as possible, unaccompanied minors shall be provided with accommodation in institutions provided with personnel who take into account the rights and needs of persons of their age and facilities adapted to unaccompanied minors .

Unaccompanied minors shall immediately be provided with nutrition and accommodation in institutions provided with personnel who take into account the rights and needs of persons of their age and facilities adapted to unaccompanied minors. Member States shall ensure that they are accommodated separately from adults.

Or. en

Amendment 32

Proposal for a directive

Article 11 – paragraph 3 – subparagraph 4

Text proposed by the Commission

Amendment

Where unaccompanied minors are detained, Member States shall ensure that they are accommodated separately from adults.

deleted

Or. en

Amendment 33

Proposal for a directive

Article 15 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

Where the Member State has accelerated the examination on the merits of an application for international protection in accordance with points [(a) to (f)] of Article [40(1)] of Regulation (EU) No XXX/XXX [Procedures Regulation], access to the labour market shall not be granted.

deleted

Or. en

Amendment 34

Proposal for a directive

Article 15 – paragraph 3 – point b

Text proposed by the Commission

Amendment

(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 benefits conferred by such organisations, without prejudice to the national provisions on public policy and public security;

(b) freedom of association and affiliation and membership of an organisation representing workers or employers or of any organisation whose members are engaged in a specific occupation, including the rights and benefits conferred by such organisations, without prejudice to the national provisions on public policy and public security;

Or. en

Amendment 35

Proposal for a directive

Article 15 – paragraph 3 – point c

Text proposed by the Commission

Amendment

(c) education and vocational training, except study and maintenance grants and loans or other grants and loans related to education and vocational training;

(c) vocational training, irrespective of whether they have access to the labour market;

Or. en

Amendment 36

Proposal for a directive

Article 15 – paragraph 3 – point c a (new)

Text proposed by the Commission

Amendment

(ca) education and employment-related education opportunities for adults, including training courses for upgrading skills and practical workplace experience, except study and maintenance grants and loans or other grants and loans related to education and vocational training;

Or. en

Amendment 37

Proposal for a directive

Article 15 – paragraph 3 – point d a (new)

Text proposed by the Commission

Amendment

(da) advice services afforded by employment offices;

Or. en

Amendment 38

Proposal for a directive

Article 15 – paragraph 3 – subparagraph 2 – point ii

Text proposed by the Commission

Amendment

(ii) pursuant to point (c) of this paragraph, to education and vocational training which is directly linked to a specific employment activity;

deleted

Or. en

Amendment 39

Proposal for a directive

Article 15 – paragraph 3 – subparagraph 2 – point iii

Text proposed by the Commission

Amendment

(iii) pursuant to point (e) of this paragraph by excluding family benefits and unemployment benefits, without prejudice to Regulation (EU) No 1231/2010.

deleted

Or. en

Amendment 40

Proposal for a directive

Article 15 – paragraph 5

Text proposed by the Commission

Amendment

5. Where applicants have been granted access to the labour market in accordance with paragraph 1, Member States shall ensure that the applicant's document as referred to in Article [29] of Regulation (EU) No XXX/XXX [Procedures Regulation] state that the applicant has permission to take up gainful employment.

deleted

Or. en

Amendment 41

Proposal for a directive

Article 17 – paragraph 9 – subparagraph 2

Text proposed by the Commission

Amendment

Such different conditions shall in any circumstances ensure access to health care in accordance with Article 18 and a dignified standard of living for all applicants .

Such different conditions shall in any circumstances ensure access to health care in accordance with Article 18 and an adequate standard of living for all applicants .

Or. en

Amendment 42

Proposal for a directive

Article 17 a

Text proposed by the Commission

Amendment

Article 17a

deleted

Reception conditions in a Member State other than the one in which the applicant is required to be present

1. An applicant shall not be entitled to the reception conditions set out in Articles 14 to 17 in any Member State other than the one in which he or she is required to be present in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation].

2. Member States shall ensure a dignified standard of living for all applicants.

3. Pending the transfer under Regulation (EU) No XXX/XXX [Dublin Regulation] of a minor to the Member State responsible, Member States shall provide him or her with access to suitable educational activities.

Or. en

Amendment 43

Proposal for a directive

Article 18 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall ensure that applicants , irrespective of where they are required to be present in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation], receive the necessary health care which shall include, at least, emergency care and essential treatment of illnesses , including of serious mental disorders.

1. Member States shall ensure that applicants receive the necessary health care which shall include, at least, emergency care and essential treatment of illnesses, including of serious mental disorders.

Or. en

Amendment 44

Proposal for a directive

Article 19 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. With regard to applicants who are required to be present on their territory in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation], Member States may , in the situations described in paragraph 2 :

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

Or. en

Amendment 45

Proposal for a directive

Article 19 – paragraph 2 – point g

Text proposed by the Commission

Amendment

(g) has not complied with the obligation set out in Article [4(1)] of Regulation (EU) No XXX/XXX [Dublin Regulation] and has travelled to another Member State without adequate justification and made an application there; or

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

Or. en

Amendment 46

Proposal for a directive

Article 19 – paragraph 2 – point h

Text proposed by the Commission

Amendment

(h) has been sent back after having absconded to another Member State.

(h) has been sent back after having absconded.

Or. en