106 Amendments of Jussi HALLA-AHO related to 2016/0222(COD)
Amendment 54 #
Proposal for a directive
Recital 2
Recital 2
(2) A common policy on asylum, including a Common European Asylum System (CEAS), which is based on the full and inclusive application of the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 1967, is a constituent part of the European Union’s objective of progressively establishing an area of freedom, security and justice open to those who, forced by circumstances, legitimately seek protection in the Union, thus affirming the principle of non-refoulement. Such a policy should be governed by the principle of solidarity and fair sharing of responsibility, including its financial implications, between the Member Statesaffordability, taking into account the absorption capacities of the receiving societies as well as maximal self-reliance of the seekers of protection.
Amendment 57 #
Proposal for a directive
Recital 5
Recital 5
(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 adherevariance toin the reception standards required for a dignified treatment of applicants in someamong 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 and economically realistic level across all Member States will contribute to a more dignified treatment and fairer distribution of applicants across the EUnion thus contributing to the faster processing of applications.
Amendment 60 #
Proposal for a directive
Recital 6
Recital 6
(6) The resources of the Asylum, Migration and Integration Fund and of the European Union Agency for Asylum should be sparingly mobilised to provide adequatesupplementary support to Member States’ efforts in implementing the standards set in this Directive, including to those Member States which are faced with specific and disproportionate pressures on their asylum systems, due in particular to their geographical or demographic situation.
Amendment 61 #
Proposal for a directive
Recital 7
Recital 7
(7) In order to ensure equal treatment of applicants throughout the Union, this Directive should apply during all stages and types of procedures concerning applications for international protection, in all locations and facilities hosting applicants and for as long as they are allowed to remain on the territory of the Member States as applicants. This Directive does not apply to persons that have not lodged an application for international protection or are no longer considered to be applicants. It is necessary to clarify that material reception conditions should be made available to applicants as from the moment when the person expresses his or her wish to apply for international protection to officials of the determining authority, as well as any officials of other authorities which are designated as competent to receive and register applications or which assist the determining authority to receive such applications in line with Regulation (EU) No XXX/XXX [Procedures Regulation].
Amendment 68 #
Proposal for a directive
Recital 10
Recital 10
(10) Standard conditions for the reception of applicants that will suffice to ensure them a dignified standard of living and comparable living conditions in all Member States should be laid down. The harmonisation of conditions for the reception of applicants should help to limit the secondary movements of applicants influenced by the variety of conditions for their reception.
Amendment 73 #
Proposal for a directive
Recital 12
Recital 12
(12) Harmonised EUnion 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.
Amendment 97 #
Proposal for a directive
Recital 21
Recital 21
(21) Where an applicant has been assigned a specific place of residence but has not complied with this obligation, there needs to be a demonstrated riskit should be considered as being an indication that thean applicant may abscond in order, providing the grounds for the applicant to be detained. In all circumstances, special care must be taken to ensure that the length of the detention is proportionate and that it ends as soon as the obligation put on the applicant has been fulfilled or there are no longer reasons for believing that he or she will not fulfil this obligation. The applicant must also have been made aware of the obligation in question and of the consequences of non- compliance.
Amendment 98 #
Proposal for a directive
Recital 22
Recital 22
(22) With regard to administrative procedures relating to the grounds for detention, the notion of ‘due diligence’ at least requires that Member States take concrete and meaningful steps to ensure that the time needed to verify the grounds for detention is as short as possible, and that there is a real prospect that such verification can be carried out successfully in the shortest possible time. Detention shall not exceed the time reasonably needed to complete the relevant procedures.
Amendment 99 #
Proposal for a directive
Recital 24
Recital 24
(24) Applicants who are in detention should be treated with full respect for human dignity and their reception should be specifically designed to meet their needs in that situation. In particular, Member States should ensure that Article 24 of the Charter of Fundamental Rights of the European Union and Article 37 of the 1989 United Nations Convention on the Rights of the Child is applied.
Amendment 100 #
Proposal for a directive
Recital 28
Recital 28
(28) When deciding on housing arrangements, Member States should take due account of the best interests of the child, as well as of the particular circumstances of any applicant who is dependent on family members or other close relatives such as unmarried minor siblings already present in the Member State.
Amendment 101 #
Proposal for a directive
Recital 30
Recital 30
(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.
Amendment 106 #
Proposal for a directive
Recital 32
Recital 32
(32) An applicant's entitlement to material reception conditions under this Directive mayshould 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 accountemergency health care for applicants. Due regard must also be given to applicants with special reception needs. 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.
Amendment 109 #
Proposal for a directive
Recital 33
Recital 33
Amendment 112 #
Proposal for a directive
Recital 34
Recital 34
(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.
Amendment 118 #
Proposal for a directive
Recital 35
Recital 35
(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.
Amendment 122 #
Proposal for a directive
Recital 36
Recital 36
(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.
Amendment 123 #
Proposal for a directive
Recital 37
Recital 37
(37) A Member State should recognise professional qualifications acquired by an applicant in another Member State in the same way as those of citizens of the Union and should take into account qualifications acquired in a third country in accordance with Directive 2005/36/EC of the European Parliament and of the Council.25 Special measures also need to be considered with a view to effectively addressing the practical difficulties encountered by applicants concerning the authentication of their foreign diploma, certificates or 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. __________________ 25 Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 255, 30.9.2005, p. 22).
Amendment 124 #
Proposal for a directive
Recital 38
Recital 38
Amendment 130 #
Proposal for a directive
Recital 41
Recital 41
(41) To ensure that the material reception conditions provided to applicants comply with the principles set out in this Directive, it is necessary to further clarify the nature of those conditions, including not only housing, food and clothing but also essential non-food items such as sanitary items. It is also necessary that Member States determine the level of material reception conditions provided in the form of financial allowances or vouchers onand the basis of repossible vant references to ensure adequate standards of living for nationals, such as minimum income benefits, minimum wages, minimum pensions, unemployment benefits and social assistance benefitriation thereof on the basis of relevant references. That does not mean that the amount granted should be the same as for nationals. Member States may grant less but not more favourable treatment to applicants than to nationals as specified in this Directive.
Amendment 132 #
Proposal for a directive
Recital 42
Recital 42
(42) In order to restrict the possibility of abuse of the reception system, Member States should be able to provide material reception conditions only to the extent applicants or their family members as defined in this Directive and when present in the Member State, do not have sufficient means to provide for themselves. When assessing the resources of an applicant and requiring an applicanthis or her family members and requiring them to cover or contribute to the material reception conditions, Member States should observe the principle of proportionality and take into account the individual circumstances of the applicant and the need to respect his or her dignity or personal integrity, including the applicant's special reception needs. Applicants should not be required to cover or contribute to the costs of their necessary health care. The possibility of abuse of the reception system should also be restricted by specifying the circumstances in which accommodation, food, clothing and other essential non-food items provided in the form of financial allowances or vouchers may be replaced with reception conditions provided in kind and the circumstances in which the daily allowance may be reduced or withdrawn while at the same time ensuring a dignified standard of living for all applicants.
Amendment 135 #
Proposal for a directive
Recital 45
Recital 45
(45) Experience shows that contingency planning is needed to ensure adequate reception of applicants in cases where Member States are confronted with a disproportionate number of applicants for international protection. National contingency plans should provide the national authorities with the necessary legislative framework to perform push- backs at internal borders in case of a sudden influx of irregular migrants. Whether the measures envisaged in Member States' contingency plans are adequate should be regularly monitored and assessed.
Amendment 136 #
Proposal for a directive
Recital 46
Recital 46
(46) Member States should not have the power to introduce or maintain more favourable provisions for third-country nationals and stateless persons who ask for international protection from a Member State unless when explicitly mentioned in this Directive.
Amendment 137 #
Proposal for a directive
Recital 47
Recital 47
(47) Member States are also invited to apply the provisions of this Directive as a maximum level of reception conditions in connection with procedures for deciding on applications for forms of protection other than that provided for under Regulation (EU) No XXX/XXX [Qualification Regulation].
Amendment 138 #
Proposal for a directive
Recital 49
Recital 49
(49) Since the objective of this Directive, namely to establish common standards for the reception conditions of applicants in Member States, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of this Directive, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union (TEU). In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.
Amendment 140 #
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) ‘family members’: means family members as defined in Article [2(9)] of Regulation (EU) XXX/XXX29 [Qualification Regulation]; __________________ 29 OJ C […], […], p. […]., in so far as the family already existed in the country of origin, the following members of the applicant’s family who are present in the same Member State in relation to the application for international protection: the spouse of the applicant, the unmarried minor children of the applicant and the parents of the unmarried minor applicant;
Amendment 146 #
Proposal for a directive
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘applicant with special reception needs’: means an applicant who is in need of special guarantees in order to benefit from the rights and comply with the obligations provided for in this Directive, such as applicants who are minors, unaccompanied minors, disabled people, elderly people, pregnant women, single parents with minor children, victims of human trafficking, persons with serious illnesses, persons with mental disorders and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence, such as victims of female genital mutilation.
Amendment 154 #
Proposal for a directive
Article 4
Article 4
Amendment 162 #
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
Amendment 169 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Member States shall provide applicants with a travel document only when the identity of the applicant has been verified and 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. For safety reasons, the travel document cannot be issued for travelling to a conflict area.
Amendment 176 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Applicants may move freely within the territory of the host Member State or within an area assigned to them by that Member State. The assigned area shall not affect the unalienable sphere of private life and shall allow sufficient scope for guaranteeing access to all benefits under this Directive.
Amendment 183 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point a
Article 7 – paragraph 2 – subparagraph 1 – point a
(a) public interest or public order , such as allowing for even distribution of applicants to the area of the Member State;
Amendment 221 #
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Member States mayshall make provision of the material reception conditions subject to actual residence by the applicants in a specific place.
Amendment 233 #
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 1 – introductory part
Article 8 – paragraph 3 – subparagraph 1 – introductory part
3. An applicant mayshall be detained only:
Amendment 234 #
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 1 – point a
Article 8 – paragraph 3 – subparagraph 1 – point a
(a) in order to determine or verify his or her identity or nationality; or when the information given by the applicant concerning his or her identity or nationality proves to be false;
Amendment 240 #
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 1 – point e
Article 8 – paragraph 3 – subparagraph 1 – point e
(e) when he or she is detained subject to a return procedure under Directive 2008/115/EC of the European Parliament and of the Council34, in order to prepare the return and/or carry out the removal process, andor the Member State concerned can substantiate on the basis of objective criteria, including that he or she already had the opportunity to access the asylum procedure, that there are reasonable grounds to believe that he or she is making the application for international protection merely in order to delay or frustrate the enforcement of the return decision; __________________ 34 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 343, 23.12.2011, p.1).
Amendment 241 #
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Member States shall ensure that the rules concerning alternatives to detention, such as regular reporting to the authorities, the deposit of a financial guarantee, the use of electronic ankle monitors, or an obligation to stay at an assigned place, are laid down in national law.
Amendment 242 #
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 2
Article 9 – paragraph 1 – subparagraph 2
Administrative procedures relevant to the grounds for detention set out in Article 8(3) shall be executed with due diligence. Delays in administrative procedures that cannot be attributed to the applicant shall not justify a continuation of detention.
Amendment 244 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 248 #
Proposal for a directive
Article 9 – paragraph 5
Article 9 – paragraph 5
5. Detention shall be reviewed by a judicial authority at reasonable intervals of time, ex officio and/or at the request of the applicant concerned, in particular whenever it is of a prolonged duration, relevant circumstances arise or new information becomes available which may affect the lawfulness of detention.
Amendment 249 #
Proposal for a directive
Article 9 – paragraph 6 – subparagraph 1
Article 9 – paragraph 6 – subparagraph 1
In cases of a judicial review of the detention order provided for in paragraph 3, Member States shall ensure that applicants have access tocan request free legal assistance and representation. This shall include, at least, the preparation of the required procedural documents and participation in the hearing before the judicial authorities on behalf of the applicant.
Amendment 250 #
Proposal for a directive
Article 9 – paragraph 7 – introductory part
Article 9 – paragraph 7 – introductory part
7. Member States mayshall also provide that free legal assistance and representation are granted:
Amendment 251 #
Proposal for a directive
Article 9 – paragraph 7 – point a
Article 9 – paragraph 7 – point a
(a) only to those who lack sufficient resources; and/or
Amendment 252 #
Proposal for a directive
Article 9 – paragraph 7 – point b
Article 9 – paragraph 7 – point b
Amendment 253 #
Proposal for a directive
Article 9 – paragraph 8 – introductory part
Article 9 – paragraph 8 – introductory part
8. Member States mayshall also:
Amendment 254 #
Proposal for a directive
Article 9 – paragraph 9
Article 9 – paragraph 9
9. Member States mayshall demand to be reimbursed wholly or partially for any costs granted if and when the applicant’s financial situation has improved considerably or if the decision to grant such costs was taken on the basis of false information supplied by the applicant.
Amendment 255 #
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Member States shall ensure that family members, legal advisers or counsellors and persons representing relevant non-governmental organisations recognised by the Member State concernedand counsellors have the possibility to communicate with and visit applicants in conditions that respect privacy. Limits to access to the detention facility may be imposed only where, by virtue of national law, they are objectively necessary for the security, public order or administrative management of the detention facility, provided that access is not thereby severely restricted or rendered impossible.
Amendment 260 #
Proposal for a directive
Article 11 – paragraph 2 – subparagraph 1
Article 11 – paragraph 2 – subparagraph 1
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.
Amendment 266 #
Proposal for a directive
Article 11 – paragraph 2 – subparagraph 3
Article 11 – paragraph 2 – subparagraph 3
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 recreationaly shall have the possibility to engage in activities appropriate to their age.
Amendment 269 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1
Article 11 – paragraph 3 – subparagraph 1
Amendment 274 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2
Article 11 – paragraph 3 – subparagraph 2
Unaccompanied minors shall neverould not be detained in prison accommodation where that can reasonably be avoided.
Amendment 278 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 281 #
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1
Article 11 – paragraph 5 – subparagraph 1
Amendment 283 #
Proposal for a directive
Article 11 – paragraph 6
Article 11 – paragraph 6
6. In duly justified cases and for a reasonable period that shall be as short as possible Member States may derogate from the third subparagraph of paragraph 2, paragraph 4 and the first subparagraph of paragraph 5, when the applicant is detained at a border post or in a transit zone, with the exception of the cases referred to in Article 41 of Regulation (EU) No XXX/XXX [Procedures Regulation].
Amendment 287 #
Proposal for a directive
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
Member States shallmay grant to minor children of applicants and to applicants who are minors access to the education system under similar conditions as their own nationals for so long as an expulsion measure against them or their parents is not actually enforcedand residents until receiving their asylum decision. Such education may be provided in accommodation centres.
Amendment 291 #
Proposal for a directive
Article 14 – paragraph 2 – subparagraph 1
Article 14 – paragraph 2 – subparagraph 1
Amendment 294 #
Proposal for a directive
Article 14 – paragraph 2 – subparagraph 2
Article 14 – paragraph 2 – subparagraph 2
Preparatory classes, including language classes, shallmay be provided to minors where it is necessary to facilitate their access to and participation in the education system as set out in paragraph 1.
Amendment 295 #
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Where access to the education system as set out in paragraph 1 is not possible due to the specific situation of the minor, the Member State concerned shallmay offer other education arrangements in accordance with its national law and practice.
Amendment 313 #
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 2
Article 15 – paragraph 2 – subparagraph 2
For reasons of labour market policies, Member States may verify whether a vacancy could be filled by nationals of the Member State concerned or by other Union citizens, or by third-country nationals lawfully residing in that Member State and give them priority for vacancies.
Amendment 323 #
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1 – point d
Article 15 – paragraph 3 – subparagraph 1 – point d
(d) recognition of diplomas, certificates and other evidence of formal qualifications in the context of existing procedures for recognition of foreign qualifications, while facilitating, to the extent possible, full access for those applicants who cannot provide documentary evidence of their qualifications to appropriate schemes for the assessment, validation and accreditation of their prior learning.
Amendment 325 #
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1 – point e
Article 15 – paragraph 3 – subparagraph 1 – point e
Amendment 336 #
Proposal for a directive
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Access to the labour market shall not be withdrawn during appeals procedures, where an appeal against a negative decision in a regular procedure has suspensive effect, until such time as a negative decision on the appeal is notifiedin order to discourage unfounded appeals with the sole aim of prolonged labour market access.
Amendment 351 #
Proposal for a directive
Article 16 – paragraph 2 – subparagraph 1
Article 16 – paragraph 2 – subparagraph 1
Member States shall ensure that material reception conditions provide an adequate minimum standard of living for applicants, which guarantees their subsistence and protects their physical and mental health.
Amendment 352 #
Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2
Article 16 – paragraph 2 – subparagraph 2
Amendment 355 #
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Member States mayshall make the provision of all or some of the material reception conditions subject to the condition that applicants do not have sufficient means to have a standard of living adequate for their health or their family members, as defined in Article 2(3) and when present in the Member State, do not have sufficient meands to enable their subsistence.
Amendment 358 #
Proposal for a directive
Article 16 – paragraph 4 – subparagraph 1
Article 16 – paragraph 4 – subparagraph 1
Member States mayshall require applicants or their family members to cover or contribute to the cost of the material reception conditions provided for in paragraph 3, if the applicants or their family members have sufficient resources, for example if they have been working for a reasonable period of time.
Amendment 360 #
Proposal for a directive
Article 16 – paragraph 4 – subparagraph 2
Article 16 – paragraph 4 – subparagraph 2
If it transpires that an applicant or their family members had sufficient means to cover material reception conditions at the time when those basic needs were being covered, Member States mayshall ask the applicant for a refund.
Amendment 362 #
Proposal for a directive
Article 16 – paragraph 5
Article 16 – paragraph 5
5. When assessing the resources of an applicant or his or her family members, when requiring an applicantthose to cover or contribute to the cost of the material reception conditions or when asking an applicantthem for a refund in accordance with paragraph 4, Member States shall observe the principle of proportionality. Member States shall also take into account the individual circumstances of the applicant and the need to respect his or her dignity or personal integrity, including the applicant's special reception needs. Member States shall in all circumstances ensure that the applicant is provided with a standard of living which guarantees his or her subsistence and protects his or her physical and mental health.
Amendment 368 #
Proposal for a directive
Article 16 – paragraph 6
Article 16 – paragraph 6
6. Where Member States provide material reception conditions in the form of financial allowances or vouchers, the amount thereof shall be determined on the basis of the level(s) established by the Member State concerned either by law or by the practice to ensure adequate standards of living for nationals. Member States may grant less favourable treatment to applicants compared with nationals in this respect, in particular where material support is partially provided in kind or where those level(s), applied for nationals, aim to ensure a standard of living higher than that prescribed for applicants under this Directive. Member States shall inform the Commission and the European Union Agency for Asylum of the levels of reference applied by national law or practice with a view to determining the level of financial assistance provided to applicants in accordance with this paragraph.
Amendment 372 #
Proposal for a directive
Article 17 – paragraph 2 – point b
Article 17 – paragraph 2 – point b
(b) applicants have the possibility of communicating with relatives, legal advisers or counsellors, persons representing UNHCR and other relevant national, international and non- governmental organisations and bodies;.
Amendment 373 #
Proposal for a directive
Article 17 – paragraph 2 – point c
Article 17 – paragraph 2 – point c
(c) family members, legal advisers or counsellors, persons representing UNHCR and relevant non-governmental organisations recognised by the Member State concerned are granted access in order to assist the applicants. Limits on such access may be imposed only on grounds relating to the security of the premises and of the applicants.
Amendment 374 #
Proposal for a directive
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Member States shall take into consideration gender and age-specific concerns and the situation of applicants with special reception needs when providing material reception conditions. However, the treatment of applicants shall not be more favourable than the treatment generally accorded to the residents and nationals of the Member State in comparable situations and matters.
Amendment 377 #
Proposal for a directive
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Member States shall take appropriate measures to prevent assault and gender-based violence, including sexual assault and harassment towards applicants and nationals alike when providing accommodation and leisure possibilities.
Amendment 382 #
Proposal for a directive
Article 17 – paragraph 7
Article 17 – paragraph 7
7. Persons providing material reception conditions, including those working in accommodation centres, shall be adequately trained and shall be bound by the confidentiality rules provided for in national law in relation to any information they obtain in the course of their work. However, sufficiently anonymised data concerning the material reception conditions provided shall be made publically available on a regular basis by the competent authorities, as defined in Article 26, for public scrutiny.
Amendment 384 #
Proposal for a directive
Article 17 – paragraph 8
Article 17 – paragraph 8
8. Member States mayshall involve applicants in managing the material resources and non-material aspects of life in the centre through an advisory board or council representing residents.
Amendment 385 #
Proposal for a directive
Article 17 – paragraph 9 – subparagraph 1 – introductory part
Article 17 – paragraph 9 – subparagraph 1 – introductory part
9. In duly justified cases, Member States may exceptionally set modalities for material reception conditions different frominferior to those provided for in this Article, for a reasonable period which shall be as short as possible, when:
Amendment 386 #
Proposal for a directive
Article 17 – paragraph 9 – subparagraph 1 – point b
Article 17 – paragraph 9 – subparagraph 1 – point b
(b) moderately priced housing capacities normally available are temporarily exhausted.
Amendment 391 #
Proposal for a directive
Article 17 – paragraph 9 – subparagraph 3
Article 17 – paragraph 9 – subparagraph 3
Amendment 401 #
Proposal for a directive
Article 17a – paragraph 2
Article 17a – paragraph 2
Amendment 404 #
Proposal for a directive
Article 17a – paragraph 3
Article 17a – paragraph 3
Amendment 407 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
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,only emergency care and essentialacute treatment of severe illnesses, including of serious mental disorders.
Amendment 411 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Member States shall provide necessary medical or other assistance to applicants who have special reception needs, including appropriate mental health care where needed and who are present in a Member State in which they are required to be present in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation], including appropriate mental health care where needed. Such assistance shall not be superior in scope or content to that provided to residents of the Member State in comparable situations.
Amendment 416 #
Proposal for a directive
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
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 mayshall, in the situations described in paragraph 2 :
Amendment 426 #
Proposal for a directive
Article 19 – paragraph 2 – subparagraph 1 – point e
Article 19 – paragraph 2 – subparagraph 1 – point e
(e) has seriously breached the rules of the accommodation centre or behaved in a seriously violent way; or
Amendment 436 #
Proposal for a directive
Article 19 – paragraph 2 – subparagraph 1 – point h
Article 19 – paragraph 2 – subparagraph 1 – point h
(h) has been sent back after having absconded to another Member State.; or
Amendment 437 #
Proposal for a directive
Article 19 – paragraph 2 – subparagraph 1 – point h a (new)
Article 19 – paragraph 2 – subparagraph 1 – point h a (new)
(ha) has travelled to a conflict zone without generally acceptable justification for such travel.
Amendment 440 #
Proposal for a directive
Article 19 – paragraph 2 – subparagraph 2
Article 19 – paragraph 2 – subparagraph 2
In relation to points (a) and (b), when the applicant is traced or voluntarily reports to the competent authority, a duly motivated decision, based on the reasons for the disappearance, such as a documented serious illness of the applicant, shall be taken on the reinstallation of the grant of some or all of the material reception conditions replaced, withdrawn or reduced.
Amendment 445 #
Proposal for a directive
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Decisions for replacement, reduction or withdrawal of material reception conditions shall be taken objectively and impartially on the merits of the individual case and reasons shall be given. Decisions shall be based on the particular situation of the person concerned, especially with regard to applicants with special reception needs, taking into account the principle of proportionality. Member States shall under all circumstances ensure access to health care in accordance with Article 18 and shall ensure a dignifiedminimum standard of living for all applicants.
Amendment 468 #
Proposal for a directive
Article 22 – paragraph 2 – point a
Article 22 – paragraph 2 – point a
Amendment 472 #
Proposal for a directive
Article 22 – paragraph 3
Article 22 – paragraph 3
3. Member States shall ensure that minors have access to leisure activities, including play and recreational activities appropriate to their age within the premises and accommodation centres referred to in Article 17(1)(a) and (b) and to open- air activities.
Amendment 474 #
Proposal for a directive
Article 22 – paragraph 4
Article 22 – paragraph 4
4. Member States shall ensure access to rehabilitation services for minors who have been victims of any form of abuse, neglect, exploitation, torture or cruel, inhuman and degrading treatment, or who have suffered from armed conflicts, and ensure that appropriate mental health care is developed and qualified counselling is are provided when needed and available.
Amendment 476 #
Proposal for a directive
Article 22 – paragraph 5
Article 22 – paragraph 5
5. Member States shall ensure that minor children of applicants or applicants who are minors are lodged with their parents or with the adult responsible for them and their unmarried minor siblings whether by law or by the practice of the Member State concerned, provided it is in the best interests of the minors concerned.
Amendment 479 #
Proposal for a directive
Article 22 – paragraph 6
Article 22 – paragraph 6
6. Those working with minors, including with unaccompanied minors, shall not have a verified record of child- related crimes or offenses and shall receive continuous and appropriate training concerning the rights and needs of unaccompanied minors, including concerning any applicable child safeguarding standards, and shall be bound by the confidentiality rules provided for in national law, in relation to any information about any individual case they obtain in the course of their work.
Amendment 494 #
Proposal for a directive
Article 23 – paragraph 2 – subparagraph 2
Article 23 – paragraph 2 – subparagraph 2
Member States may place unaccompanied minors aged 16 or over in accommodation centres for adult applicants, if it is in their best interests, as prescribed in Article 22 (2) or in the best interests of others.
Amendment 495 #
Proposal for a directive
Article 23 – paragraph 3
Article 23 – paragraph 3
Amendment 498 #
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Member States shall ensure that persons who have been subjected to gender-based harm, torture, rape or other serious acts of violence receive the necessary treatment for the damage caused by such acts, in particular access to appropriate medical and psychological treatment or care.
Amendment 502 #
Proposal for a directive
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Those working with victims of torture, rape or other serious acts of violence shall have had and shall continue to receive appropriate training concerning their victims’ needs, and shall be bound by the confidentiality rules provided for in national law, in relation to any information about any individual case they obtain in the course of their work.
Amendment 504 #
Proposal for a directive
Article 25 – paragraph 2 – subparagraph 2
Article 25 – paragraph 2 – subparagraph 2
Amendment 506 #
Proposal for a directive
Article 25 – paragraph 3 – subparagraph 1 – introductory part
Article 25 – paragraph 3 – subparagraph 1 – introductory part
3. Member States may alsoshall provide that free legal assistance and representation are granted:
Amendment 507 #
Proposal for a directive
Article 25 – paragraph 3 –subparagraph 1 – point a
Article 25 – paragraph 3 –subparagraph 1 – point a
(a) only to those who lack sufficient resources; and/or
Amendment 510 #
Proposal for a directive
Article 25 – paragraph 3 – subparagraph 2
Article 25 – paragraph 3 – subparagraph 2
Amendment 512 #
Proposal for a directive
Article 25 – paragraph 4 – introductory part
Article 25 – paragraph 4 – introductory part
4. Member States mayshall also:
Amendment 516 #
Proposal for a directive
Article 25 – paragraph 5
Article 25 – paragraph 5
5. Member States mayshall demand to be reimbursed wholly or partially for any costs granted if and when the applicant’s financial situation has improved considerably or if the decision to grant such costs was taken on the basis of false information supplied by the applicant.
Amendment 526 #
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Each Member State shall draw up a contingency plan setting out the planned measures to be taken to ensure an adequate reception of applicants in accordance with this Directive in cases where the Member State is confronted with a disproportionate number of applicants for international protection. The applicants for international protection are to be understood as those required to be present on its territory, including those for whom the Member State is responsible in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation], taking into account the corrective allocation mechanism outlined in Chapter VII of that Regulation.
Amendment 528 #
Proposal for a directive
Article 28 – paragraph 1 – subparagraph 1 a (new)
Article 28 – paragraph 1 – subparagraph 1 a (new)
The contingency plan should include a legislative framework for the national authorities to operate in case of a sudden influx of large numbers of irregular migrants. An important tool in countering significant migratory pressures is to perform push-backs at internal borders. Proper guidelines for the use of the push- back mechanism should therefore be included into the contingency plan.
Amendment 536 #
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
By [threewo years after the entry into force of this Directive] at the latest, and at least every fivetwo years thereafter, the Commission shall present a report to the European Parliament and the Council on the application of this Directive and shall propose any amendments that are necessary.
Amendment 540 #
Proposal for a directive
Article 30 – paragraph 2
Article 30 – paragraph 2
Member States shall at the request of the Commission send the necessary information for drawing up the report by [two year18 months after the entry into force of this Directive] and every fivthree years thereafter.