Skip to content
DRAFT OPINION (COM(2016)0465 – C80323/2016 – 2016/0222(COD))

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)

EMPL-PA-599692

Committee on Employment and Social Affairs · Rapporteur: Brando Benifei

Official HTML ↗ PDF DOCX
✦ In shortFull text
✦ In short · AI summary of this text, generated 26 Sept 2026

Written by a language model from the full text only; every figure comes from the text. The paragraph links open the paragraph a statement rests on — check the text itself before relying on it.

The Committee on Employment and Social Affairs gives its opinion on the proposed directive on reception standards for applicants for international protection. It welcomes earlier access to the labour market and new rules on applicants with special reception needs, and proposes amendments to the Commission text. The rapporteur opposes denying material reception conditions to applicants who are not in the responsible member state, and opposes denying labour market access to applicants under accelerated procedures. The amendments would delete the rule that applicants are not entitled to reception conditions outside the responsible member state, and would delete the possibility of detaining minors. The amendments also add examples of restrictive conditions on labour market access, add education and employment-related opportunities, and require member states to ensure health care and an adequate standard of living.

Committee position. The rapporteur gives a partially positive assessment: he welcomes earlier labour market access and new provisions on special reception needs, but opposes denying reception conditions to applicants outside the responsible member state and denying labour market access under accelerated procedures. He proposes amendments to delete those provisions and to strengthen safeguards for minors.

Key points

  1. The rapporteur welcomes the Commission's proposals on access to employment, including lowering the threshold for labour market access to six months, and supports earlier access where applicants have good integration prospects.
  2. The rapporteur opposes denying labour market access to applicants whose claims are examined under accelerated procedures, calling it a violation of Article 3 of the Geneva Convention.
  3. The rapporteur proposes adding examples of restrictive conditions observed in member states: sectoral restrictions, working time restrictions and excessive administrative formalities.
  4. The rapporteur endorses proposals requiring member states to systematically assess whether an applicant has special reception needs.
  5. The rapporteur strongly disagrees with denying material reception conditions to applicants who are not in the member state responsible for their application, calling it an unacceptable reduction of refugees' rights.
  6. The rapporteur proposes that minors and unaccompanied minors shall never be detained, and that unaccompanied minors be provided with nutrition and accommodation separately from adults.
  7. Amendment 3 deletes Recital 8, which stated that applicants present in another member state should not be entitled to reception conditions under Articles 14 to 17.
  8. Amendment 42 deletes Article 17a, which set out that applicants are not entitled to reception conditions outside the responsible member state.
  9. Amendment 33 deletes the provision that access to the labour market shall not be granted where the examination has been accelerated under points (a) to (f) of Article 40(1) of the Procedures Regulation.
  10. Amendment 15 deletes the sentence that member states should not grant labour market access to applicants whose application is likely to be unfounded and subject to accelerated examination.
  11. Amendment 36 adds education and employment-related education opportunities for adults, including training courses for upgrading skills and practical workplace experience.
  12. Amendment 41 requires that different conditions ensure access to health care under Article 18 and an adequate standard of living for all applicants.

Who is affected

  • Applicants for international protection, who would gain earlier access to the labour market and stronger reception conditions.
  • Minors and unaccompanied minors, who would never be detained and would be accommodated separately from adults.
  • Member states, which would have to assess special reception needs and ensure health care and an adequate standard of living.

Figures and deadlines

  • six months, the threshold for accessing the labour market for applicants of international protection
  • 3 months from the date when the application was lodged, the time period for labour market access where the application is likely to be well-founded