What changed between the plenary report and the adopted text

Removed:Article 3 – paragraph 3: deleted / (deleted)

Removed:Article 3 – paragraph 3 a (new): 3a. Member States shall apply this Directive to all unaccompanied minors from the moment of their arrival on the territory of the Member State to the moment of their qualification as a refugee or grant of subsidiary protection status under Regulation (EU) XXX/XXX [Qualification Regulation], or the grant of some other form of humanitarian protection, or their transfer to a third country, in accordance with their best interests, under national law.

Removed:Article 4 – paragraph 1: Member States may introduce or retain more favourable provisions as regards reception conditions for applicants and their family members or other close relatives who are present in the same Member State, or for humanitarian reasons, insofar as these provisions are compatible with this Directive.

Removed:Article 5 – paragraph 1 – subparagraph 1: Member States shall inform applicants, at the time the person concerned makes an application or at the latest prior to the moment of registration, of any established benefits and of the obligations with which they must comply relating to reception conditions. They shall as a minimum point out in the information provided which reception conditions the applicants are entitled to, the consequences of absconding, the grounds for detention, the grounds for replacement, reduction or withdrawal of any material reception conditions and the applicant´s right to appeal against detention or decisions relating to the replacement, reduction or withdrawal of material reception conditions. The minimum information shall also include any information relevant to an applicant’s personal circumstances that may result in that applicant being considered an applicant with specific reception needs or in need of special procedural guarantees as provided for in this Directive and [the Procedure Regulation] respectively.

Removed:Article 5 – paragraph 1 – subparagraph 2: Member States shall ensure that applicants are provided with information on organisations or groups of persons that provide specific legal assistance, free legal assistance and representation and organisations that might be able to help or inform them concerning the available reception conditions, including health care.

Removed:Article 5 – paragraph 2: 2. Member States shall ensure that the information referred to in paragraph 1 is in writing in a concise, transparent, intelligible and easily accessible form, using clear and plain language on the basis of a standard template which shall be developed by the European Union Agency for Asylum and in a language that the applicant understands or is reasonably supposed to understand. Where necessary, this information shall also be supplied orally and in a visual form through videos or pictograms, shall be adapted to the needs of minors or persons with specific reception needs and shall take into account the applicant’s individual circumstances.

Removed:Article 6 – paragraph 1: 1. Member States shall provide applicants with a travel document without delay, when the presence of the applicant is required in another State. This includes circumstances where an applicant needs to travel to another State for one or more of the following reasons: / (a) for medical treatment; / (b) to visit relatives in particular cases, such as for visits to family members or other close relatives who are seriously ill, or to attend marriages or funerals of family members or other close relatives; / (c) in cases where applicants have been granted access to the labour market, to perform essential travel for work purposes; / (d) there is a requirement for applicants to travel as part of study curricula; / (e) minors need to travel with foster families. / The validity of the travel document shall be limited to the purpose or duration needed for the reason for which it is issued. The travel document shall allow for multiple re-entries to the territory of the issuing Member State within the period of its validity.

Removed:Article 6 – paragraph 1 a (new): 1a. Member States shall not require applicants to provide unnecessary or disproportionate documentation or impose other administrative requirements on applicants for the sole reason that they are applicants for international protection, or on the sole basis of an applicant’s nationality, before granting them the rights to which they are entitled under this Directive.

Removed:Article 7 – paragraph 2 – subparagraph 1 – introductory wording: 2. Member States may where necessary decide on the residence of an applicant in a specific place such as an accommodation centre, a private house, flat, hotel or other premises adapted for housing applicants, on the basis of objective criteria defined by national law and of a decision by judicial authorities, for any of the following justified reasons:

Removed:Article 7 – paragraph 2 – subparagraph 1 – point c: deleted

Removed:Article 7 – paragraph 2 – subparagraph 1 – point d: (d) to effectively prevent the applicant from absconding where it has been established by the relevant authorities that there is a risk of absconding, in particular:

Removed:Article 7 – paragraph 2 –subparagraph 1 – point d – indent 1: – for applicants who have deliberately not complied with the obligation to make an application in the first Member State of entry as set out in Article [4(1)] of Regulation (EU) No XXX/XXX [Dublin Regulation] in order to avoid the applicable asylum procedures, and have travelled to another Member State without adequate justification and made an application there; or

Removed:Article 7 – paragraph 3: 3. Where there are reasons for considering that there is a risk that an applicant may abscond, Member States may, where necessary and proportionate and on the basis of a decision by judicial authorities, require the applicant to report to the competent authorities, or to appear before them in person, either without delay or at a specified time as frequently as necessary to effectively prevent the applicant from absconding but no more than once every working day. Such a decision shall be subject to an appeal or review before a judicial authority in accordance with Article 25.

Removed:Article 7 – paragraph 4: 4. Member States shall provide for the possibility of granting applicants temporary permission to leave their place of residence or assigned area and to reside elsewhere. Decisions shall be taken objectively and impartially on the merits of the individual case and reasons shall be given if they are negative.

Removed:Article 7 – paragraph 5: 5. Member States shall require applicants to inform the competent authorities of their current place of residence or address or a telephone number or, where applicable, electronic mail address where they may be reached and notify any change of address, or telephone number or electronic mail address to such authorities as soon as possible.

Removed:Article 7 – paragraph 8: 8. Member States shall state reasons in fact and, where relevant, in law in any decision taken in accordance with this Article. Applicants shall be immediately informed in writing, in a language which they understand or are reasonably supposed to understand and in a concise, transparent, intelligible and easily accessible form, using clear and plain language, of the adoption of such a decision, of the procedures for challenging the decision in accordance with Article 25 and of the consequences of non-compliance with the obligations imposed by the decision.

Removed:Article 8 – paragraph 1: 1. Member States shall not hold a person in detention for the sole reason that he or she is an applicant or on the basis of an applicant's nationality. The detention shall be based on a decision by judicial authorities, shall be strictly necessary for the purpose of securing the fulfilment of a specific and concrete obligation incumbent on the applicant, shall be ended as soon as the specific and concrete obligation has been fulfilled, and shall not be punitive in nature.

Removed:Article 8 – paragraph 2 a (new): 2a. Applicants shall not be detained before an assessment of their specific reception needs pursuant to Article 21 has been carried out.

Removed:Article 9 – paragraph 2: 2. Detention of applicants shall be ordered in writing by judicial authorities. The detention order shall state the reasons in fact and in law on which it is based. It shall also contain a reference to the consideration of the available alternatives and the reasons as to why they could not be applied effectively.

Removed:Article 9 – paragraph 3: deleted

Removed: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. Where, as a result of the judicial review, detention is held to be unlawful, the applicant concerned shall be released immediately.

Removed:Article 9 – paragraph 6 – subparagraph 1: In cases of a judicial review of the detention order provided for in paragraph 5 of this Article, Member States shall ensure that applicants have access to free legal assistance and representation under the conditions set out in Article 25 (2) to (6).

Removed:Article 9 – paragraph 6 – subparagraph 2: deleted

Removed:Article 9 – paragraph 7: deleted / (deleted) / (deleted)

Removed:Article 9 – paragraph 8: deleted / (deleted) / (deleted)

Removed:Article 9 – paragraph 9: deleted

Removed:Article 9 – paragraph 10: deleted

Removed:Article 11 – paragraph 1 – subparagraph 1: 1. The health, including mental health, of applicants in detention who have specific reception needs shall be of primary concern to national authorities;

Removed:Article 11 – paragraph 1 – subparagraph 2: Where applicants with specific reception needs are detained, Member States shall ensure regular monitoring and adequate support taking into account their particular situation, including their physical and mental health.

Removed:Article 11 – paragraph 2 – subparagraph 1: Minors shall not be detained. Member States shall instead establish appropriate care arrangements and accommodate minors and families with minor children in accordance with Article 22(5) while their application for international protection is examined.

Removed:Article 11 – paragraph 2 – subparagraph 2: The best interests of the child, as referred to in Article 22(2), shall be a primary consideration for Member States. Appropriate care arrangements and reception measures for minor children and their families shall be community based, the least intrusive possible and respect the right to privacy and family life.

Removed:Article 11 – paragraph 2 – subparagraph 3: deleted

Removed:Article 11 – paragraph 3: deleted / (deleted) / (deleted) / (deleted)

Removed:Article 11 – paragraph 4: deleted

Removed:Article 11 – paragraph 5 – subparagraph 1: 5. Member States shall ensure that detained male and female applicants are accommodated separately, unless they are family members and all individuals concerned consent thereto.

Removed: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 first subparagraph of paragraph 5, when the applicant is detained at a border post or in a transit zone.

Removed:Amendments aimed at prohibiting detention for minors are inextricably linked to admissible amendments under the draft report aiming to strengthen the conditions related to the deprivation of personal freedom, and also to enhance the provisions related to the treatment of vulnerable persons including minors, This Amendment is also inextricably linked with the Rapporteur’s admissible Amendment on Article 8 para. 3 (d) (AM 31 of the draft report).

Removed:Article 14 – paragraph 1 – subparagraph 1: Member States shall grant to minor children of applicants and to applicants who are minors access to the education system under the same conditions as their own nationals. Such education shall be provided for the entire duration of the minors' presence in the territory of the Member State. It may be provided in accommodation centres as a temporary measure, until access to national education systems is ensured.

Removed:Article 14 – paragraph 2: 2. Access to the education system shall not be postponed for more than one month from the moment when the application for international protection was made.

Removed:Article 15 – paragraph 1 – subparagraph 1: Member States shall ensure that applicants have access to the labour market no later than two months from the date when the application for international protection was made.

Removed:Article 15 – paragraph 1 – subparagraph 2: Where the Member State has established that the applicant has no right to international protection in accordance with points [(a) to (f)] of Article [40(1)] of Regulation (EU) No XXX/XXX [Procedures Regulation], access to the labour market shall not be granted.

Removed:Article 15 – paragraph 1 a (new): 1a. Member States shall use their best endeavours to provide adequate training on employment legislation and non-discrimination to applicants and to authorities, in order to avoid exploitation in the workplace by means of undeclared work practices and other forms of severe labour exploitation, and to avoid discrimination from the date when the application for international protection was made.

Removed:Article 15 – paragraph 2 – subparagraph 2: For reasons of labour market policies, and especially regarding youth unemployment levels, Member States may verify whether a vacancy could be filled, through preferential access, by nationals of the Member State concerned or by other Union citizens, or by third-country nationals lawfully residing in that Member State.

Removed:This amendment specifies that Member States are able to adopt measures designed to ensure that greater attention is paid to their nationals and EU citizens when it comes to accessing the labour market. It also emphasises the desire to take due account of the problems relating to youth unemployment. This is a highly sensitive issue for EU citizens, and the signatories wish to make clear that, when it comes to accessing the labour market, there will be no special measures or quotas designed to help applicants for international protection to find work more easily than Member State nationals.

Removed:Article 15 – paragraph 3 – subparagraph 1 – point a: (a) working conditions, including pay and dismissal, working hours, leave and holidays, as well as health and safety requirements at the workplace;

Removed:Article 15 – paragraph 3 – subparagraph 1 – point c: (c) education and vocational training;

Removed:Article 15 – paragraph 3 – subparagraph 1 – point c a (new): (ca) education and employment-related education opportunities for adults, including training courses for upgrading skills and practical workplace experience;

Removed:Article 15 – paragraph 3 – subparagraph 1 – point d a (new): (da) access to educational and vocational guidance services afforded by employment services;

Removed:Article 15 – paragraph 3 – subparagraph 1 – point e a (new): (ea) access to voluntary work;

Removed:Article 15 – paragraph 3 – subparagraph 2 – point ii: deleted

Removed:Article 15 – paragraph 3 – subparagraph 2 – point iii: deleted

Removed:Article 15 – paragraph 5 a (new): 5a. Member States may allow applicants who have been granted access to the labour market in accordance with paragraph 1 and whose applications for international protection have been rejected to apply in-country for a residence permit issued using the format laid down in Regulation (EC) No 1030/20021a pursuant to national laws regulating access to the labour market for third country nationals. / 1a Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals (OJ L157, 15.6.2002, p. 1).

Removed:Article 15 – paragraph 5 b (new): 5b. Where access to the labour market has been granted in accordance with paragraph 1, Member States shall also ensure that applicants are informed in writing of their employment rights under national law, in a language they can understand.

Removed:Article 15 a (new): Article 15a / Language courses / Member States shall provide applicants with effective access to language courses and civic education courses free of charge from the date when the application for international protection was made. / However, Member States may require applicants to cover or contribute to the cost of such courses in accordance with the conditions set out in Article 16(4) and (5).

Removed:Article 15 b (new): Article 15b / Vocational training / Member States shall grant applicants access to vocational training irrespective of whether they have access to the labour market. Access to vocational training relating to an employment contract may depend on the extent to which the applicant has access to the labour market in accordance with Article 15.

Removed:Article 16 – paragraph 2 – subparagraph 1: Member States shall ensure that material reception conditions provide an adequate standard of living for applicants and their families, which guarantees their subsistence and protects their physical and mental health.

Removed:Article 16 – paragraph 2 – subparagraph 2: Member States shall ensure that that standard of living is met in the specific situation of applicants with specific reception needs as well as in relation to the situation of persons who are in detention.

Removed:Article 16 – paragraph 4 – subparagraph 1: Member States may require applicants to cover or contribute to the cost of the material reception conditions provided for in paragraph 3, only where the applicants have sufficient resources, for example if they have been working for a reasonable period of time.

Removed:Article 16 – paragraph 4 – subparagraph 2: If Member States establish that an applicant had sufficient means to cover material reception conditions at the time when those basic needs were being covered, they may ask the applicant for a refund.

Removed:Article 16 – paragraph 5: 5. When assessing the resources of an applicant, when requiring an applicant to cover or contribute to the cost of the material reception conditions or when asking an applicant for a refund in accordance with paragraph 4, Member States shall fully respect 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 specific 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.