138 Amendments of Jussi HALLA-AHO related to 2016/0223(COD)
Amendment 34 #
Proposal for a regulation
Recital 4
Recital 4
(4) In its Communication of 6 April 2016,32 the Commission set out its options for improving the CEAS, namely to establish a sustainable and fair system for determining the Member State responsible for asylum seekers, to reinforce the Eurodac system, to achieve greater convergence in the EU asylum system, to prevent secondary movements within the European Union and a new mandate for the European Union Agency for Asylum agency. That Communication is in line with calls by the European Council on 18- 19 February 201633 to make progress towards reforming the EU's existing framework so as to ensure a humane and efficient asylum policy. It also proposes a way forward in line with the holistic approach to migration set out by the European Parliament in its own initiative report of 12 April 2016. Furthermore countering the abuse of the asylum systems of the Member States should act as a guiding principle of this Regulation. _________________ 32 COM (2016) 197 final. 33 EUCO 19.02.2016, SN 1/16.
Amendment 51 #
Proposal for a regulation
Recital 16
Recital 16
(16) The notion of family members should take into account the different particularprinciples laid down in the Council Directive 2003/86/EC1a, which stress the core family unit, the different circumstances of dependency and the special attention to be paid to thbe best interests of the child. It should also reflect the reality of current migratory trends, according to which applicants often arrive to the territory of the Member States after a prolonged period of time in transit. The notion should therefore include families formed outside the country of origin, but before their arrival on the territory of the Member State_________________ 1aCouncil Directive 2003/86/EC of 22 September 2003 on the right to family reunification, OJ L 251, 3.10.2003, p. 12– 18.
Amendment 55 #
Proposal for a regulation
Recital 23
Recital 23
(23) Protection can be provided, where they are willing and able to offer protection, either by the State or by parties or organisations, including international organisations, meeting the conditions set out in this Directive, which control a region or a larger area within the territory of the State. Such protection should be effective and of a non-temporary nature.
Amendment 59 #
Proposal for a regulation
Recital 30
Recital 30
(30) Acts contrary to the purposes and principles of the United Nations are set out in the Preamble and Articles 1 and 2 of the Charter of the United Nations and are, amongst others, embodied in the United Nations resolutions relating to measures combating terrorism, which declare that ‘acts, methods and practices of terrorism are contrary to the purposes and principles of the United Nations’ and that ‘knowingly financing, planning and inciting terrorist acts are also contrary to the purposes and principles of the United Nations’. These same acts, methods and practices should also constitute a reason to deny and revoke refugee status or subsidiary protection status.
Amendment 71 #
Proposal for a regulation
Recital 42
Recital 42
(42) Beneficiaries of international protection should reside in the Member State which granted them protection. Those beneficiaries who are in possession of a valid travel document and a residence permit issued by a Member State applying the Schengen acquis in full, should be allowed to enter into and move freely within the territory of the Member States applying the Schengen acquis in full, for a period up to 90 days in any 180-day period in accordance with Schengen Borders Code38 and with Article 21 of the Convention implementing the Schengen Agreement39. Beneficiaries of international protection can equally apply to reside in a Member State other than the Member State which granted protection, in accordance with relevant EU rules, notably on the conditions of entry and residence of third-country nationals for the purposes of highly skilled employment40 and national rules; however, this does not imply any transfer of the international protection and related rights. _________________ 38 Regulation 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders. 39 Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders. 40COM (2016) 378 final.
Amendment 74 #
Proposal for a regulation
Recital 43
Recital 43
(43) In order to prevent secondary movements within the European Union, beneficiaries of international protection, if found in a Member State other than the Member State having granted them protection without fulfilling the conditions of stay or reside, should be taken back and sanctioned by the Member State responsible in accordance with the procedure laid down by Regulation41and this Regulation. _________________ 41 (EU)No [xxx/xxxx New Dublin Regulation].
Amendment 78 #
Proposal for a regulation
Recital 45
Recital 45
(45) The notion of national security and public order also covers cases in which a third-country national belongs to an association which supports international terrorism or supports such an associationeither directly or indirectly supports terrorism or religious radicalism.
Amendment 87 #
Proposal for a regulation
Recital 49
Recital 49
(49) In order to enhance the effective exercise of the rights and benefits laid down in this Regulation by beneficiaries of international protection, it is necessary to take into account their specific needs and the particular integration challenges with which they are confronted, and facilitate their access to integration related rights in particular as regards employment-related educational opportunities and vocational training and access to recognition procedures for foreign diplomas, certificates and other evidence of formal qualifications in particular due to the lack of documentary evidence and their inability to meet the costs related to the recognition procedures.
Amendment 91 #
Proposal for a regulation
Recital 50
Recital 50
Amendment 98 #
Proposal for a regulation
Recital 51
Recital 51
(51) In addition, especially to avoid social hardship, it is appropriate to provide beneficiaries of international protection with social assistance without discrimination. Howevand their family members, as regards beneficiaries of subsidiary protectionferred to in the Article 2(9), with social assistance rights. However, Member States should be given somwide flexibility, to limit such rights to core benefits, which is to be understood as covering at least minimum income support, assistance in the case of illness, or pregnancy, and parental assistance, in so far as those benefits are granted to nationals under national law. In order to facilitate their integration, Member States should be given the possibility to make the access to certain type of social assistances specified in national law, for both refugees and beneficiaries of subsidiary protection, conditional on the effective and successful participation of the beneficiary of international protection and his or her family members in integration measures.
Amendment 103 #
Proposal for a regulation
Recital 52
Recital 52
(52) Access to basic healthcare, including both physical and mental healthcare, should be ensured to beneficiaries of international protection.
Amendment 109 #
Proposal for a regulation
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 amended by the New York Protocol of 31 January 1967 (Geneva Convention), is a constituent part of the European Union’s objective of establishing progressively an area of freedom, security and justice open to those who, forced by circumstances, legitimately seek protection in the Union. 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 beneficiaries of international protection.
Amendment 112 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9 – introductory part
Article 2 – paragraph 1 – point 9 – introductory part
(9) ‘family members’ means, in so far as the family already existed before the applicant arrived on the territory of the Member Statesin the country of origin, or, in the case of a stateless person, in the country of former habitual residence, the following members of the family of the beneficiary of international protection who are present in the same Member State in relation to the application for international protection:
Amendment 115 #
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
(17) 'social security' means the branches of social security as defined in Regulation (EC) No 883/2004 of the European Parliament and of the Council44 covering sickness benefits; maternity and equivalent paternity benefits; invalidity benefits; old-age benefits; survivors' benefits; benefits in respect of accidents at work and occupational diseases; death grants; unemployment benefits, pre- retirement benefits and family benefits; _________________ 44Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ L 166, 30.4.2004, p. 1)marked out by the Member State.
Amendment 116 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The applicant shall submit without delay all the elements available to him or her which substantiate the application for international protection. He or she shall cooperate with the determining authority and shall remain present and available throughout the procedure. Any period of illegal stay in the territory of the Member State before lodging an application for international protection should be investigated as potential evidence of motives for staying in the Union other than legitimately seeking international protection.
Amendment 117 #
Proposal for a regulation
Article 4 – paragraph 5 – point d
Article 4 – paragraph 5 – point d
(d) the applicant has applied for international protection at the earliest possible time, unless the applicant can demonstrate good reason for not having done so;
Amendment 119 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 119 #
Proposal for a regulation
Recital 4
Recital 4
(4) In its Communication of 6 April 32 2016, the Commission set out its options for improving the CEAS, namely to establish a sustainable and fair system for determining the Member State responsible for asylum seekers, to reinforce the Eurodac system, to achieve greater convergence in the EU asylum system, to prevent secondary movements within the European Union and a new mandate for the European Union Agency for Asylum agency. That Communication is in line with calls by the European Council on 18- 19 February 201633 to make progress towards reforming the EU's existing framework so as to ensure a humane and efficient asylum policy. It also proposes a way forward in line with the holistic approach to migration set out by the European Parliament in its own initiative report of 12 April 2016. _________________ 32 COM (2016) 197 final. 33 EUCO 19.02.2016, SN 1/16.
Amendment 121 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Protection against persecution or serious harm shall be effective and of a non-temporary nature. That protection shall be considered to be provided when the actors referred to in paragraph 1 take reasonable steps to prevent the persecution or suffering of serious harm, among others, by operating an effective legal system for the detection, prosecution and punishment of acts constituting persecution or serious harm, and when the applicant has access to that protection.
Amendment 125 #
Proposal for a regulation
Recital 5
Recital 5
(5) For a well-functioning CEAS, including of the Dublin system, substantial progress should be made regarding the convergence of national asylum systems with special regard to differing recognition rates and type of protection status in the Member States. In addition, rules on status review should be strengthened to ensure that protection is only granted to those who need it and for so long as it continues to be needed. Moreover, divergent practices regarding the duration of the residence permits should be avoided, and the rights granted to beneficiaries of international protection should be further clarified, restricted and harmonised.
Amendment 129 #
Proposal for a regulation
Article 10 – paragraph 1 – point e
Article 10 – paragraph 1 – point e
(e) the concept of political opinion shall, in particular, include the holding of an opinion, thought or belief on a matter related to the potential actors of persecution mentioned in Article 6 and to their policies or methods, whether or not that opinion, thought or belief has been acted upon by the applicant.
Amendment 133 #
Proposal for a regulation
Recital 7
Recital 7
(7) The main objective of this Regulation is, on the one hand, to ensure that Member States apply common criteria for the identification of persons genuinely in need of international protection and, on the other hand, to ensure that a common set of rights is available for those persons in all Member States. Furthermore countering the abuse of the asylum systems of Member States should act as a guiding principle of this Regulation.
Amendment 135 #
Proposal for a regulation
Article 12 – paragraph 5 – point b
Article 12 – paragraph 5 – point b
(b) planning of, incitement or contribution to or execution of terrorist acts, which are characterised by their violence towards civilian populations, even if committed with a purportedly political or religious objective.
Amendment 136 #
Proposal for a regulation
Article 12 – paragraph 5 – point b a (new)
Article 12 – paragraph 5 – point b a (new)
(ba) serious crimes against sexual self- determination, in accordance with national law of the Member State, such as rape or statutory rape.
Amendment 145 #
Proposal for a regulation
Recital 10
Recital 10
Amendment 146 #
Proposal for a regulation
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
(b) he or she has committed a serious crime such as planning of, incitement or contribution to or execution of terrorist act, even if committed with a purportedly political or religious objective or a serious crime against sexual self-determination such as rape or statutory rape;
Amendment 148 #
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. The exclusion of a person from subsidiary protection status shall depend exclusively on whether the conditions set out in paragraphs 1 and 2 are met and shall not be subject to any additional proportionality assessment in relation to a particular case.
Amendment 162 #
Proposal for a regulation
Recital 14
Recital 14
(14) The European Union Agency for Asylum should provide adequate support in the application of this Regulation, in particular by providing experts to assist the Member State authorities to receive, and register, and examine applications for international protection, providing updated information regarding third countries, including Country of Origin Information, and other relevant guidelines and tools. When applying this Regulation, Member States' authorities shouldmay take into account operational standards, indicative guidelines, and best practices developed by the European Union Agency for Asylum [the Agency]. When assessing applications for international protection, Member States' authorities shouldmay take particular account of the information, reports, common analysis and guidance on the situation in countries of origin developed at Union level by the Agency and the European networks on country of origin information in accordance with Articles 8 and 10 of Regulation34 _________________ 34 COM(2016)271 final. COM(2016)271 final.
Amendment 167 #
Proposal for a regulation
Recital 16
Recital 16
(16) The notion of family members should take into account the principles laid down in Council Directive 2003/86/EC1a , which stress the core family unit, the different particular circumstances of dependency and the special attention to be paid to the best interests of the child. It should also reflect the reality of current migratory trends, according to which applicants often arrive to the territory of the Member States after a prolonged period of time in transit. The notion should therefore include families formed outside the country of origin, but before their arrival on the territory of the Member State_________________ 1aCouncil Directive 2003/86/EC of 22 September 2003 on the right to family reunification, OJ L 251, 3.10.2003, p. 12– 18.
Amendment 171 #
Proposal for a regulation
Recital 19
Recital 19
Amendment 180 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Within the limits set by international obligations, residence conditions may be imposed on a beneficiary of international protection who receives certain specific social security or social assistance benefits only where those residence conditions are necessary to facilitate the integration of the beneficiary in the Member State that has granted that protection.
Amendment 181 #
Proposal for a regulation
Recital 23
Recital 23
(23) Protection can be provided, where they are willing and able to offer protection, either by the State or by parties or organisations, including international organisations, meeting the conditions set out in this Directive, which control a region or a larger area within the territory of the State. Such protection should be effective and of a non-temporary nature.
Amendment 183 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Where a beneficiary is found in a Member State other the one that him or her granted protection without a right stay or the right to reside there in accordance with relevant Union or national law, he will be subject to a take back procedure as defined under Article 20(1)(e) of the Dublin Regulation (EU) no. xxx/xxx at his or her own expense, deductible from the financial allowances received from the Member State granting the protection. The person subject to a take back procedure shall also be penalised by withdrawal of relevant rights in Section III for a limited period of time.
Amendment 184 #
Proposal for a regulation
Article 30 – paragraph 2 – introductory part
Article 30 – paragraph 2 – introductory part
2. Beneficiaries of international protection shall enjoy equal treatment with nationals ofother third-country nationals legally residing in the Member State that has granted protection as regards:
Amendment 188 #
Proposal for a regulation
Recital 24
Recital 24
(24) Internal protection against persecution or serious harm should be effectively available to the applicant in a part of the country of origin where he or she can safely and legally travel to, gain admittance to and can reasonably be expected to settle. The assessment of whether such internal protection exists should be an inherent part of the assessment the application for international protection and should be carried out onceat the latest when it has been established by the determining authority that the qualification criteria would otherwise apply. The burden of demonstrating the unavailability of internal protection should fall on the determining authorityapplicant.
Amendment 190 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Minors granted international protection shall have full access to the education system, under the same conditions as nationals of the Member State that has granted protection. other third country nationals legally residing in the Member State that has granted protection. Though Member States should be left the discretion to assign special school facilities for minors, who are granted international protection, in order to safeguard an orderly school environment.
Amendment 191 #
Proposal for a regulation
Recital 25
Recital 25
(25) Where the State or agents of the State are established as the actors of persecution or serious harm, there should be a presumption that effective protection is not available to the applicant. When the applicant is an unaccompanied minor, the availability of appropriate care and custodial arrangements, which are in the best interests of the unaccompanied minor, should form part of the assessment as to whether that protection is effectively available.
Amendment 193 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. Beneficiaries of international protection shall enjoy equal treatment with nationals ofother third-country nationals legally residing in the Member State that has granted protection in the context of the existing recognition procedures for foreign diplomas, certificates and other evidence of formal qualifications.
Amendment 194 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
Amendment 195 #
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. Beneficiaries of international protection shall enjoy equal treatment with nationals ofother third-country nationals legally residing in the Member State that has granted protection as regards access to appropriate schemes for the assessment, validation and accreditation of their prior learning and experience.
Amendment 197 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
Beneficiaries of international protection shall enjoy equal treatment with nationals ofother third-country nationals legally residing in the Member State that has granted protection with regard to social security.
Amendment 197 #
Proposal for a regulation
Recital 28
Recital 28
(28) It is equally necessary to introduce a common concept of the persecution ground ‘membership of a particular social group’. For the purposes of defining a particular social group, issues arising from an applicant’s gender, including gender identity and sexual orientation, which may be related to certain legal traditions and customs, resulting in for example genital mutilation, forced sterilisation or forced abortion, should be given due consideration in so far as they are related to the applicant’s well-founded fear of persecution.
Amendment 198 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 1
Article 34 – paragraph 1 – subparagraph 1
Beneficiaries of international protection shall enjoy equal treatment with nationals ofother third-country nationals legally residing in the Member State that has granted protection as regards social assistance.
Amendment 202 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 2
Article 34 – paragraph 1 – subparagraph 2
Access to certain social assistance specified in national law mayshall be made conditional on the effective participation and successful conclusion of the beneficiary of international protection and his or her family members as referred to in the Article 2(9) in integration measures.
Amendment 202 #
Proposal for a regulation
Recital 29
Recital 29
(29) In accordance with relevant case law of the Court of Justice of the European Union, when assessing applications for international protection, the competent authorities of the Member States should use methods for the assessment of the applicant's credibility in a manner that respects the individual's rights as guaranteed by the Charter, in particular the right to human dignity and the respect for private and family life. Specifically as regards homosexuality, the individual assessment of the applicant's credibility should not be based on stereotyped notions concerning homosexuals and the applicant should not be submitted to detailed questioningbut the competent authorities should firmly require factual proof orf tests as to his or her sexual practiceshe individual´s homosexuality.
Amendment 203 #
Proposal for a regulation
Recital 30
Recital 30
(30) Acts contrary to the purposes and principles of the United Nations are set out in the Preamble and Articles 1 and 2 of the Charter of the United Nations and are, amongst others, embodied in the United Nations resolutions relating to measures combating terrorism, which declare that ‘acts, methods and practices of terrorism are contrary to the purposes and principles of the United Nations’ and that ‘knowingly financing, planning and inciting terrorist acts are also contrary to the purposes and principles of the United Nations’. These same acts, methods and practices should also constitute a reason to deny and revoke refugee status or subsidiary protection status.
Amendment 205 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
Amendment 208 #
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Beneficiaries of international protection shall have access to healthcare under the same eligibility conditions as nationals ofother third country nationals legally residing in the Member State that has granted such protection.
Amendment 211 #
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. Beneficiaries of international protection who have special needs, such as pregnant women, disabled people, persons who have undergone torture, rape or other serious forms of psychological, physical or sexual violence or minors who have been victims of any form of abuse, neglect, exploitation, torture, cruel, inhuman and degrading treatment or who have suffered from armed conflict shall be provided adequate healthcare, including treatment of mental disorders when needed, under the same eligibility conditions as nationals of the Member State that has granted protection.
Amendment 217 #
Proposal for a regulation
Article 36 – paragraph 5
Article 36 – paragraph 5
Amendment 217 #
Proposal for a regulation
Recital 36
Recital 36
(36) As regards the required proof in relation to the existence of a serious and individual threat to the life or person of an applicant, in accordance with relevant case law of the Court of Justice of the European Union36 , determining authorities should not require the applicant to adduce evidence that he is specifically targeted by reason of factors particular to his personal circumstances. However, the level of indiscriminate violence required to substantiate the application is lower if the applicant is able to show that he is specifically affected by reason of factors particular to his personal circumstance. Moreover, the existence of a serious and individual threat should exceptionally be established by the determining authorities solely on account of the presence of the applicant on the territory or relevant part of the territory of the country of origin provided the degree of indiscriminate violence characterising the armed conflict taking place reaches such a high level that there are substantial grounds for believing that a civilian, returned to the country or origin or to the relevant part ofany part of the country ofr origin, would, solely on account of his presence on the territory of that country or region, face a real risk of being subject to the serious threat. _________________ 36 C-465/07. C-465/07.
Amendment 218 #
Proposal for a regulation
Article 36 – paragraph 6
Article 36 – paragraph 6
6. The persons and organisations working with unaccompanied minors shall receive continuous appropriate training concerning the rights and needs of minors and child safeguarding standards will be respected as referred to in Art 22 of Regulation EU No xxx/xxx[Procedures regulation].
Amendment 221 #
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. National dispersal practices of beneficiaries of international protection shall be carried out to the extent possible without discrimination of beneficiaries of international protection and shall ensure equal opportunities regarding access to accommodationin an appropriate and cost-effective manner.
Amendment 222 #
Proposal for a regulation
Recital 38
Recital 38
(38) Family members, due to their close relationship to the refugee, will normally be vulnerable to acts of persecution in such a manner that could be the basis for international protection. Provided they do not qualify for international protection, for the purpose of maintaining family unity, they shall be entitled to claimapply for a residence permit and the same rights accorded tonot exceeding the duration of that of the beneficiaries ofy of the international protection. Without prejudice to the provisions related to maintaining family unity in this Regulation, where the situation falls within the scope of Directive 2003/86/EC on the right to family reunification and the conditions for reunification set out thereof are fulfilled, family members of the beneficiary of international protection who do not individually qualify for such protection should be granted residence permits and rights in accordance with that Directive. This Regulation shall be applied without prejudice to Directive 2004/38/EC.
Amendment 226 #
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. In order to facilitate the integration ofinto society, beneficiaries of international protection into society, beneficiaries of international protectionand their family members as referred to in the Article 2(9) shall have access to integration measures provided by the Member States, in particulare.g. language courses, civic orientation and integration programs and vocational training which take into account their specific needs.
Amendment 230 #
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. Member States mayshall make participation in integration measures compulsory. Access to social benefits shall depend on the effective participation and successful conclusion of the beneficiaries of international protection and his or her family members as referred to in the Article 2(9) in integration programs.
Amendment 231 #
Proposal for a regulation
Recital 39
Recital 39
(39) With a view to ascertaining whether beneficiaries of international protection are still in need of that protection, determining authorities should review the granted status when the residence permit has to be renewed, for the first and second time in the case of refugees, and for the first and, second and third time in the case of beneficiaries of subsidiary protection, as well as when a significant relevant change in the beneficiaries' country of origin occurs as indicated by common analysis and guidance on the situation in the country of origin provided at Union level by the Agency and the European networks on country of origin information in accordance with Articles 8 and 10 of Regulation37 . _________________ 37 COM(2016)271 final.
Amendment 235 #
Proposal for a regulation
Recital 41
Recital 41
(41) When the refugee status or the subsidiary protection status ceases to exist, the application of the decision by which the determining authority of a Member State revokes, ends or does not renew the status should be deferred for a reasonable period of time after adoption, in order to give the third-country national or stateless person concerned the possibility to apply for residence on the basis of other grounds than those having justified the granting of international protection, such as family reasons, or reasons related to employment or to education, in accordance with relevant Union and national lawin particular on work-related grounds, in accordance with relevant Union and national law. However this should not lead to circumvention of national immigration rules.
Amendment 240 #
Proposal for a regulation
Recital 42
Recital 42
(42) Beneficiaries of international protection should reside in the Member State which granted them protection. Those beneficiaries who are in possession of a valid travel document and a residence permit issued by a Member State applying the Schengen acquis in full, should be allowed to enter into and move freely within the territory of the Member States applying the Schengen acquis in full, for a period up to 90 days in any 180-day period in accordance with Schengen Borders Code38 and with Article 21 of the Convention implementing the Schengen Agreement39 . Beneficiaries of international protection can equally apply to reside in a Member State other than the Member State which granted protection, in accordance with relevant EU rules, notably on the conditions of entry and residence of third-country nationals for the purposes of highly skilled employment40 and national rules; however, this does not imply any transfer of the international protection and related rights. _________________ 38 Regulation 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders. 39 Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders. 40COM (2016) 378 final.
Amendment 245 #
Proposal for a regulation
Recital 43
Recital 43
(43) In order to prevent secondary movements within the European Union, beneficiaries of international protection, if found in a Member State other than the Member State having granted them protection without fulfilling the conditions of stay or reside, should be taken back and sanctioned by the Member State responsible in accordance with the procedure laid down by Regulation41 _________________ 41 (EU)No [xxx/xxxx New Dublinand this Regulation].
Amendment 253 #
Proposal for a regulation
Recital 45
Recital 45
(45) The notion of national security and public order also covers cases in which a third-country national belongs to an association which supports international terrorism or supports such an associationeither indirectly or directly supports terrorism or religious radicalism.
Amendment 259 #
Proposal for a regulation
Recital 48
Recital 48
(48) Competent authorities may restrict the access to employed or self-employed activities as regard posts which involve the exercise of public authority, and responsibility for safeguarding the general interest of the State or other public authorities. In the context of exercising their right equal treatment as regards membership of an organisation representing workers or engaging in a specific occupation, beneficiaries of international protection may likewise be excluded from taking part in the management of bodies governed by public law and from holding an office governed by public law; competent authorities may furthermore restrict the access to employed or self-employed activities in order to prevent imbalances in the labour market;
Amendment 261 #
Proposal for a regulation
Recital 49
Recital 49
(49) In order to enhance the effective exercise of the rights and benefits laid down in this Regulation by beneficiaries of international protection, it is necessary to take into account their specific needs and the particular integration challenges with which they are confronted, and facilitate their access to integration related rights in particular as regards employment-related educational opportunities and vocational training and access to recognition procedures for foreign diplomas, certificates and other evidence of formal qualifications in particular due to the lack of documentary evidence and their inability to meet the costs related to the recognition procedures.
Amendment 266 #
Proposal for a regulation
Recital 50
Recital 50
Amendment 274 #
Proposal for a regulation
Recital 51
Recital 51
(51) In addition, especially to avoid social hardship, it is appropriate to provide beneficiaries of international protection with social assistance without discrimination. However, as regards beneficiaries of subsidiary protectionand their family members in the context of this Regulation with social assistance. However, Member States should be given somwide flexibility, to limit such rights to core benefits, which is to be understood as covering at least minimum income support, assistance in the case of illness, or pregnancy, and parental assistance, in so far as those benefits are granted to nationals under national law. In order to facilitate their integration, Member States should be given the possibility to make the access to certain type of social assistances specified in national law, for both refugees and beneficiaries of subsidiary protection, conditional on the effective and successful participation of the beneficiary of international protection and his or her family members in integration measures.
Amendment 283 #
Proposal for a regulation
Recital 53
Recital 53
(53) In order to facilitate the integration of beneficiaries of international protection into society, beneficiaries of international protection shall have access to integration measures, modalities to be set by the Member States. Member States mayshall make the participation in such integration measures, such as language courses, and civic integration courses, vocational training and other employment-related courses compulsory.
Amendment 310 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9 – introductory part
Article 2 – paragraph 1 – point 9 – introductory part
(9) ‘family members’ means, in so far as the family already existed before the applicant arrived on the territory of the Member Statesin the country of origin, or, in the case of a stateless person, in the country of former habitual residence, the following members of the family of the beneficiary of international protection who are present in the same Member State in relation to the application for international protection:
Amendment 330 #
Proposal for a regulation
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
(11) ‘unaccompanied minor’ means a minor who arrives on the territory of the Member States unaccompanied by an adult responsible for him or her whether by law or by the practice of the Member State concerned, and for as long as he or she is not effectively taken into the care of such a person, including a minor who is left unaccompanied after he or she has entered the territory of the Member States;
Amendment 334 #
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
(17) 'social security' means the branches of social security as defined in Regulation (EC) No 883/2004 of the European Parliament and of the Council44 covering sickness benefits; maternity and equivalent paternity benefits; invalidity benefits; old-age benefits; survivors' benefits; benefits in respect of accidents at work and occupational diseases; death grants; unemployment benefits, pre- retirement benefits and family benefits; _________________ 44Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ L 166, 30.4.2004, p. 1).marked out by the Member State;
Amendment 339 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. This Regulation applies to the qualification of third-country nationals or stateless persons as beneficiaries of international protection and to the content of the international protection granted. The provisions in the Articles 15 and 21 of this Regulation apply retrospectively to the beneficiaries of international protection who have not yet exhausted the validity of their residence permits.
Amendment 344 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The applicant shall submit without delay all the elements available to him or her which substantiate the application for international protection. He or she shall cooperate with the determining authority and shall remain present and available throughout the procedure. Any period of illegal stay in the territory of the Member States before lodging an application for international protection shall be investigated as potential evidence of motives for staying in the Union other than legitimately seeking international protection.
Amendment 350 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The elements referred to in paragraph 1 shall consist of the applicant’s statements and all the documentation at the applicant’s disposal regarding the applicant’s age, background, including that of relevant relatives, identity, nationality(ies), country(ies) and place(s) of previous residence, previous applications [for international protection and results of any expedited resettlement procedure as defined by Regulation (EU) no XXX/XX [Resettlement regulation]], travel routes, travel documents and the reasons for applying for international protection.
Amendment 351 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The determining authority shall assess the relevant elements of the application in accordance with Article 33 of Regulation (EU)XXX/XXX [Procedures regulation.] The applicant shall be subjected to an age assessment using the most up-to-date, scientific methods when there is a reason to suspect that the applicant is an adult and he or she claims to be, without solid evidence, between 15 and 17 years of age.
Amendment 368 #
Proposal for a regulation
Article 4 – paragraph 5 – point d
Article 4 – paragraph 5 – point d
(d) the applicant has applied for international protection at the earliest possible time, unless the applicant can demonstrate good reason for not having done so;
Amendment 370 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. A well-founded fear of being persecuted or a real risk of suffering serious harm may be based on events which have taken place since the applicant left the country of origin.
Amendment 373 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 378 #
3. Without prejudice to the Geneva Convention and the European Convention on Human Rights, an applicant who files a subsequentn application in accordance with Article 42 of Regulation (EU)XXX/XXX [Procedures regulafor international protection] shall not normally be granted refugee status or subsidiary protection status if the risk of persecution or the serious harm is based on circumstances which the applicant has created by his or her own decision since leaving the country of origin.
Amendment 383 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) non-State actors, excluding criminal or terrorist organisations in which the applicant is or has been voluntarily involved with, if it can be demonstrated that the actors referred to in points (a) and (b), including international organisations, are unable or unwilling to provide protection against persecution or serious harm as referred to in Article 7.
Amendment 396 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Protection against persecution or serious harm shall be effective and of a non-temporary nature. That protection shall be considered to be provided when the actors referred to in paragraph 1 take reasonable steps to prevent the persecution or suffering of serious harm, among others, by operating an effective legal system for the detection, prosecution and punishment of acts constituting persecution or serious harm, and when the applicant has access to that protection.
Amendment 400 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. When assessing whether an international organisation controls a State or a substantial part of its territory and provides protection as referred to in paragraph 2, determining authorities shall take into account and may base themselves on any guidance provided in relevant Union law, in particular available Union level country of origin information and the common analysis of country of origin information referred to in Articles 8 and 10 of Regulation (EU) No XXX/XX [ Regulation on the European Union Agency for Asylum ].
Amendment 412 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The assessment of the availability of internal protection shall be carried out onceas soon as possible and at the latest when it has been established by the determining authority that the qualification criteria would otherwise apply. The burden of demonstrating the unavailability of internal protection shall rest on the determining authorityapplicant. The applicant shall not be required to prove that, before seeking international protection, he or she has exhausted all possibilities to obtain protection in his or her country of origin.
Amendment 415 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. In examining whether an applicant has a well-founded fear of being persecuted or is at real risk of suffering serious harm, or has access to protection against persecution or serious harm in a part of the country of origin in accordance with paragraph 1, determining authorities shall at the time of taking the decision on the application have regard to the general circumstances prevailing in that part of the country and to the personal circumstances of the applicant in accordance with Article 4. To that end, determining authorities shall ensure that precise and up-to-date information is obtained from all relevant sources, including available Union level country of origin information and the common analysis of country of origin information referred to in Articles 8 and 10 of Regulation (EU) No XXX/XX [Regulation on the European Union Agency for Asylum], as well as information and guidance issued by the United Nations High Commissioner for Refugees.
Amendment 420 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. When considering the general circumstances prevailing in that part of the country which is the source of the protection as referred to in Article 7, the accessibility, and effectiveness and durability of that protection shall be taken into account. When considering personal circumstances of the applicant, health, age, gender, sexual orientation, gender identity and social status shall in particular be taken into account together with an assessment of whether living in the part of the country of origin regarded as safe would not impose undue hardship on the applicant.
Amendment 440 #
Proposal for a regulation
Article 10 – paragraph 1 – point d – indent 2 – paragraph 1
Article 10 – paragraph 1 – point d – indent 2 – paragraph 1
that group has a demonstrable distinct identity in the relevant country, because it is perceived as being different by the surrounding society;
Amendment 441 #
Proposal for a regulation
Article 10 – paragraph 1 – point d – indent 2 – paragraph 2
Article 10 – paragraph 1 – point d – indent 2 – paragraph 2
depending on the circumstances in the country of origin, the concept might include a group based on a common characteristic of sexual orientation (a term which cannot be understood to include acts considered to be criminal in accordance with national law of the Member States); gender related aspects, including gender identity, shall be given due consideration for the purposes of determining membership of a particular social group or identifying a characteristic of such a group;leted
Amendment 445 #
Proposal for a regulation
Article 10 – paragraph 1 – point e
Article 10 – paragraph 1 – point e
(e) the concept of political opinion shall, in particular, include the holding of an opinion, thought or belief on a matter related to the potential actors of persecution mentioned in Article 6 and to their policies or methods, whether or not that opinion, thought or belief has been acted upon by the applicant.
Amendment 447 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. When assessing if an applicant has a well-founded fear of being persecuted it is immaterial whether the applicant actually possesses the racial, religious, national, social or political characteristic which attracts the persecution, provided that such a characteristic is demonstrably attributed to the applicant by the actor of persecution.
Amendment 449 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 455 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
Amendment 458 #
Proposal for a regulation
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
Amendment 459 #
Proposal for a regulation
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) shallmay base itself on precise and up- to-date information obtained from all relevant sources, including Union level country of origin information and common analysis of country of origin information referred to in Articles 8 and 10 of the Regulation (EU) No XXX/XX [Regulation on the European Union Agency for Asylum] or information and guidance issued by the United Nations High Commissioner for Refugee.
Amendment 467 #
Proposal for a regulation
Article 12 – paragraph 2 – point b
Article 12 – paragraph 2 – point b
(b) he or she has committed a serious non-political crime outside the country of refuge prior to his or her admission as a refugee, which means the time of issuing a residence permit based on the granting of refugee status; particularly cruel actions, even if committed with an allegedly political objective, may be classified as serious non-political crimes;
Amendment 484 #
Proposal for a regulation
Article 12 – paragraph 5 – point b
Article 12 – paragraph 5 – point b
(b) planning of, incitement or contribution to or execution of terrorist acts, which are characterised by their violence towards civilian populations, even if committed with a purportedly political or religious objective.
Amendment 486 #
Proposal for a regulation
Article 12 – paragraph 5 – point b a (new)
Article 12 – paragraph 5 – point b a (new)
(ba) serious crimes against sexual self- determination, in accordance with national law of the Member State, such as rape or statutory rape.
Amendment 509 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. In situations referred to in points (d) to (f) of paragraph 1, the determining authority may decideshall not to grant status to a refugee, where such a decision has not yet been taken.
Amendment 517 #
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. Decisions of the determining authority revoking, ending or refusing to renew refugee status pursuant to point (a) of paragraph 1 shall only take effect three months after the decision is adopted, in order to provide the third-country national or stateless person with the opportunity to apply for residence in the Member State on other, especially work-related, grounds, in accordance with relevant Union and national law.
Amendment 537 #
Proposal for a regulation
Article 15 – paragraph 1 – point b
Article 15 – paragraph 1 – point b
(b) when renewing, for the first and second time, the residence permit issued to a refugee.
Amendment 543 #
Proposal for a regulation
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
(b) torture or inhuman or degrading treatment or punishment of an applicant in the country of origin; or
Amendment 554 #
Proposal for a regulation
Article 17 – paragraph 2 – point a
Article 17 – paragraph 2 – point a
(a) shall have regard whether the change in circumstances is of such a significant and non-temporary nature that the person eligible for subsidiary protection no longer faces a real risk of serious harm;
Amendment 555 #
Proposal for a regulation
Article 17 – paragraph 2 – point b
Article 17 – paragraph 2 – point b
(b) shall base itself on precise and up- to-date information obtained from all relevant sources, including Union level country of origin information and the common analysis on country of origin information as referred in Articles 8 and 10 of the Regulation (EU) No XXX/XX [Regulation on the European Union Agency for Asylum] or information and guidance issued by the United Nations High Commissioner for Refugee.
Amendment 558 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
Amendment 561 #
Proposal for a regulation
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. A third-country national or a stateless person shall be excluded from being eligible for subsidiary protection when he or she is recognised by the competent authorities of the country in which he or she has taken up residence as having the rights and obligations which are attached to the possession of the nationality of that country, or rights and obligations equivalent to those, or where there are serious reasons for considering that:
Amendment 562 #
Proposal for a regulation
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
(b) he or she has committed a serious crime such as planning of, incitement or contribution to or execution of terrorist act, even if committed with a purportedly political or religious objective or a serious crime against sexual self-determination such as rape or statutory rape;
Amendment 572 #
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. The exclusion of a person from subsidiary protection status shall depend exclusively on whether the conditions set out in paragraphs 1 and 2 are met and shall not be subject to any additional proportionality assessment in relation to the particular case.
Amendment 588 #
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Decisions of the determining authority revoking, ending or refusing to renew subsidiary protection status pursuant to paragraph 1 (a) shall only take effect threone months after the decision is taken, in order to provide the third-country national or stateless person with the opportunity to apply for residence in the Member State on other, especially work- related, grounds in accordance with relevant Union and national law.
Amendment 605 #
Proposal for a regulation
Article 21 – paragraph b
Article 21 – paragraph b
(b) when renewing, for the first and, second and third time, the residence permit issued to a beneficiary of subsidiary protection.
Amendment 610 #
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. When applying the provisions of this Chapter, the specific situation of persons with special needs such as minors, unaccompanied minors, disabled people, elderly people, pregnant women, single parents with minor children, victims of human trafficking, persons with mental disorders and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violencein the meaning of needing special guarantees to benefit from the rights and comply with the obligations provided for herein, shall be taken into account provided an individual evaluation of their situation establishes that they have special needs.
Amendment 623 #
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1 – point b
Article 23 – paragraph 2 – subparagraph 1 – point b
(b) he or she, having been convicted by a final judgment of a particularly serious crime constitutes a danger to the community of that Member State.
Amendment 633 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Family members as referred to in the Article 2(9) of a beneficiary of international protection who do not individually qualify for such protection shall be entitled to claimapply for a residence permit in accordance with national procedures and insofar as this is compatible with the personal legal status of the family member.
Amendment 635 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. A residence permit issued pursuant to paragraph 1 shall have the duration of the residence permit issued to the beneficiary of international protection and shall be renewable. The period of validity of the residence permit granted to the family member shall in principle not extend beyond the date of expiry of the residence permit held by the beneficiary of international protection.
Amendment 640 #
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. Where reasons of national security or public order so require, a residence permit shall not be issued for a family member and such residence permits which have already been issued shall be withdrawn or shall not be renewed.
Amendment 643 #
Proposal for a regulation
Article 25 – paragraph 6
Article 25 – paragraph 6
Amendment 651 #
Proposal for a regulation
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. No later than 30 daysAs soon as possible after international protection has been granted, a residence permit shall be issued using the uniform format as laid down in Regulation (EC) No 1030/2002.
Amendment 668 #
Proposal for a regulation
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) For beneficiaries of subsidiary protection status, the residence permit shall have a period of validity of one year and be renewable thereafter for periods of twoone years.
Amendment 681 #
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. When applying Article 14(5) and 20(3), the residence permit shall only be revoked after the expiry of the three month periods referred to in those provisions.
Amendment 695 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Within the limits set by international obligations, residence conditions may be imposed on a beneficiary of international protection who receives certain specific social security or social assistance benefits only where those residence conditions are necessary to facilitate the integration of the beneficiary in the Member State that has granted that protection.
Amendment 701 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Where a beneficiary is found in a Member State other the one that him or her granted protection without a right stay or the right to reside there in accordance with relevant Union or national law, he will be subject to a take back procedure as defined under Article 20(1)(e) of the Dublin Regulation (EU) no. xxx/xxx. at his or her own expense, deductible from the financial allowances received from the Member State granting the protection. The person subject to a take back procedure shall also be penalised by withdrawal of relevant rights in Section III for a limited period of time.
Amendment 705 #
Proposal for a regulation
Article 30 – paragraph 2 – introductory part
Article 30 – paragraph 2 – introductory part
2. Beneficiaries of international protection shall enjoy equal treatment with nationals ofother third-country nationals residing in the Member State that has granted protection as regards:
Amendment 706 #
Proposal for a regulation
Article 30 – paragraph 2 – point d
Article 30 – paragraph 2 – point d
(d) advice services afforded by employment offices in the customary languages of such services in the Member State concerned.
Amendment 709 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Minors granted international protection shall have full access to the education system, under the same conditions as nationals ofother third-country nationals residing in the Member State that has granted protection. Though Member States should be left the discretion to assign special school facilities for minors, who are granted international protection, in order to safeguard an orderly school environment.
Amendment 712 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. Beneficiaries of international protection shall enjoy equal treatment with nationals ofother third-country nationals residing in the Member State that has granted protection in the context of the existing recognition procedures for foreign diplomas, certificates and other evidence of formal qualifications.
Amendment 713 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
Amendment 714 #
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. Beneficiaries of international protection shall enjoy equal treatment with nationals ofother third-country nationals residing in the Member State that has granted protection as regards access to appropriate schemes for the assessment, validation and accreditation of their prior learning and experience.
Amendment 717 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
Beneficiaries of international protection shall enjoy equal treatment with nationals ofother third-country nationals residing in the Member State that has granted protection with regard to social security.
Amendment 719 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 1
Article 34 – paragraph 1 – subparagraph 1
Beneficiaries of international protection shall enjoy equal treatment with nationals ofother third-country nationals residing in the Member State that has granted protection as regards social assistance.
Amendment 722 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 2
Article 34 – paragraph 1 – subparagraph 2
Access to certain social assistance specified in national law mayshall be made conditional on the effective participation and successful conclusion of the beneficiary of international protection and his or her family members as referred to in the Article 2(9) in integration measures.
Amendment 726 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
Amendment 730 #
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Beneficiaries of international protection shall have access to healthcare under the same eligibility conditions as nationals ofother third-country nationals residing in the Member State that has granted such protection.
Amendment 733 #
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. Beneficiaries of international protection who have special needs, such as pregnant women, disabled people, persons who have undergone torture, rape or other serious forms of psychological, physical or sexual violence or minors who have been victims of any form of abuse, neglect, exploitation, torture, cruel, inhuman and degrading treatment or who have suffered from armed conflict shall be providedhall be provided assistance in accessing adequate healthcare, including treatment of mental disorders when needed, under the same eligibility conditions as nationals ofother third- country nationals residing in the Member State that has granted protection.
Amendment 737 #
Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 1
Article 36 – paragraph 1 – subparagraph 1
As soon as possible after international protection is granted and within five working days at the latest, as outlined in Article 22(1) of Regulation EU no xxx/xxx[Procedures regulation], competent authorities shall take the necessary measures to ensure the representation of unaccompanied minors by a legal guardian or, where necessary, by an organisation responsible for the care and well-being of minors, or by any other appropriate representation including that based on legislation or court order.
Amendment 747 #
Proposal for a regulation
Article 36 – paragraph 5
Article 36 – paragraph 5
Amendment 750 #
Proposal for a regulation
Article 36 – paragraph 6
Article 36 – paragraph 6
6. The persons and organisations working with unaccompanied minors shall receive continuous appropriate training concerning the rights and needs of minors and child safeguarding standards will be respected as referred to in Art 22 of Regulation EU No xxx/xxx[Procedures regulation].
Amendment 755 #
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. National dispersal practices of beneficiaries of international protection shall be carried out to the extent possible without discrimination of beneficiaries of international protection and shall ensure equal opportunities regarding access to accommodationin an appropriate and cost-effective manner.
Amendment 759 #
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. In order to facilitate the integration of beneficiaries of international protection into society, beneficiaries of international protection and their family members as referred to in the Article 2(9) shall have access to integration measures provided by the Member States, in particular language courses, civic orientation and integration programs and vocational training which take into account their specific needs.
Amendment 766 #
2. Member States mayshall make participation in integration measures compulsory. Access to the social benefits shall depend on the effective participation and successful conclusion of the beneficiaries of international protection in integration programs.
Amendment 771 #
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
Amendment 773 #
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
Authorities and other organisations applying the provisions of this Regulation shall have received or shall receive the necessary training and shall be bound by the confidentiality principle, as defined in national law, in relation to any information about any individual case that they obtain in the course of their work without prejudice to sufficiently anonymised data for the purposes of public scrutiny.
Amendment 791 #
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
The Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 4(3a) of this Directive by [sixone months after the entry into force of this Regulation] at the latest. They shall forthwith inform the Commission thereof.