What changed between the draft committee report and the plenary report

Added:Article 2 – paragraph 1 – point 3: (3) ‘family members’ means family members as defined in Article 2(g) of Regulation (EU) xxx/xxx [Dublin Regulation];

Removed:This ground could be applied by most Member States to all the new applicants they are processing, while the necessity is not proven.

Added:Article 2 – paragraph 1 – point 7: (7) ‘material reception conditions’: means the reception conditions that include housing, food, clothing and other essential non-food items matching the needs of the applicants in their specific reception conditions, such as sanitary items, medical devices or education material, provided in kind, or as financial allowances or in vouchers, or a combination of the three, and a daily expenses allowance;

Removed:Article 7 – paragraph 2 – subparagraph 1 - point d – introductory wording: (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:

Added:Article 2 – paragraph 1 – point 7 a (new): (7a) ‘adequate standard of living’: means a quality of life such as to guarantee the health and well-being of the applicant and his or her family, particularly as regards access to the necessary food, clothing, housing, education, health care and social services;

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

Added:Article 2 – paragraph 1 – point 10: (10) ‘absconding’: means a deliberate action of an applicant aiming to avoid the applicable asylum procedures by not remaining available to the relevant authorities;

Change 15

Changed:Article 72 – paragraph 3: 3.1 Where– therepoint are11: reasons(11) for'risk consideringof thatabsconding': theremeans isthe aproven riskexistence thatof anspecific applicantreasons mayin abscond,an Memberindividual Statescase, may,which whereare necessarybased andon proportionateobjective and on the basisspecific ofcriteria ain decisionaccordance ofwith judicialstandards authorities,developed requireby the applicantEuropean toUnion reportAgency tofor theAsylum competentand authorities,with ornational law, to appearbelieve beforethat theman inapplicant person,may eitherabscond, withoutnot delayincluding orcriteria atof a specified timegeneral asnature frequentlysuch as necessarymerely tobeing effectivelyan preventapplicant within the applicantmeaning fromof absconding.Regulation (EU).../...[Procedures Regulation], or the applicant's nationality;

Change 16

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 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.

Added:Article 2 – paragraph 1 – point 13: (13) ‘applicant with specific reception needs’: means an applicant who is deemed to be in need of specific conditions or guarantees in order to benefit from the rights and comply with the obligations provided for in this Directive, potentially falling within any of the following categories: applicants who are minors, unaccompanied minors, disabled people, elderly people, pregnant women, single women, adolescent girls, women-headed households, lesbian, gay, bisexual, trans and intersex persons, single parents with minor children, victims of human trafficking, victims of child, early or forced marriage, non-believers, apostates and religious minorities, persons with serious illnesses, persons with mental disorders, including post-traumatic stress disorder, and persons who have been subjected to torture, rape or other serious forms of psychological, physical, bias-motivated, sexual or gender-based violence, such as victims of female genital mutilation.

Removed:Based on the formulation proposed in the Commission proposal on the EURODAC Regulation recast.

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

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 of 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.

Added: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 8 – paragraph 3 – subparagraph 1 - point d: deleted

Added: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:Asylum seekers who have the right to remain on the territory of Member States may not be detained for immigration reasons. Article 5(1)(b) ECHR: 'detention to fulfil legal obligation' does not apply.

Added: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 9 – paragraph 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 and shall contain a reference to the consideration of the available alternatives and the reasons as to why they could not be applied effectively.

Added: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:Given that the draft report contains amendments to the newly proposed text on reporting obligations which limits the taking of relevant decisions only to judicial authorities, it is necessary to also amend the part of the text concerning the types of decision which can order detention, and for which, as the most restrictive measure of one's freedom of movement, decisions shall also, a fortiori, be taken by judicial authorities alone, otherwise the internal logic of the text would be disturbed. This justification also applies to amendments 33,34 and 35 for the same reason.

Added: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 9 – paragraph 3: deleted / (deleted)

Added: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 9 – paragraph 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.

Added: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 9 – paragraph 6 - subparagraph 1: In cases of a judicial review of the detention order provided for in paragraph 5, Member States shall ensure that applicants have access to 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.

Added: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 15 – paragraph 1 – subparagraph 1: 1. Member States shall ensure that applicants have access to the labour market from the date when the application for international protection was lodged.

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

Removed:Article 15 – paragraph 2 – subparagraph 2: deleted

Added: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 15 a (new): Article 15 a / Language courses / Member States shall provide applicants effective access to language 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).

Added: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:The Rapporteur considers that applicants’ self-reliance and chances of integration in the host society will be truly increased if they have access to language courses from the moment they make their application for international protection. As a tool for rendering immediate access to the labour market effective and enhancing material reception conditions, as well as deterring secondary movements, which is a stated aim of the Commission proposal, language skills are indispensable. Member States should therefore have an obligation to provide all applicants with access to language courses from the date that their application was made.

Added: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 17 – paragraph 1 – introductory wording: 1. Where housing is provided in kind, it shall supply an adequate standard of living, with the purpose of being suitable for applicants taking into consideration their specific situation and needs throughout the application procedure in order to avoid unnecessary moving between different places of accommodation, and take one or a combination of the following forms:

Added: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 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. In addition to age and gender, Member States shall also take into account diversity (Age, Gender and Diversity (AGD) approach).

Added: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:To ensure compliance with UNHCR's global Age, Gender and Diversity (AGD) approach, the Rapporteur adds the diversity dimension. For more information: https://emergency.unhcr.org/entry/51771/age-gender-and-diversity-agd

Added: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 17 – paragraph 4: 4. Member States shall take appropriate measures to prevent assault and gender-based violence, including sexual assault and harassment as well as all forms of violence committed with a bias and discriminatory motive related to the victims' personal characteristics as referred to in Article 22(3) of Directive 2012/29/EU of the European Parliament and of the Council1a when providing accommodation. / 1a Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA ( OJ L 315, 14.11.2012, p. 57).

Added: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 17 – paragraph 9 – subparagraph 2: Such different conditions shall in any circumstances ensure full access to health care in accordance with Article 18 and a dignified standard of living for all applicants in which their safety is guaranteed and special reception needs are identified, registered and met.

Added: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.

Added: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.

Added:Article 9 – paragraph 3: deleted

Added: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.

Added: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).

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

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

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

Added:Article 9 – paragraph 9: deleted

Added:Article 9 – paragraph 10: deleted

Added: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;

Added: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.

Added: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.

Added: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.

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