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LIMITE EN

N4rDaC

1. An unaccompanied

1. An unaccompanied minor shall lodge an application in his or her own name if he or she has the legal capacity to act in procedures according to the national law of the Member State concerned, or his or her guardian shall lodge it on his or her behalf. The guardian shall assist and properly inform the unaccompanied minor of how and where an application is to be lodged. 2. In the case of an unaccompanied minor, the ten working-day period for the lodging the application provided for in Article 28(1) shall only start to run from the moment a guardian of the unaccompanied minor is appointed and has met with him or her. Where his or her guardian does not lodge an application on behalf of the unaccompanied minor within those ten working days, the determining authority shall lodge an application on behalf of the unaccompanied minor if, on the basis of an individual assessment of his or her personal situation, it is of the opinion that the minor may need international protection. 35 3. The bodies referred to in Article 10 of Directive 2008/115/EC shall have the right to lodge an application for international protection on behalf of an unaccompanied minor if, on the basis of an individual assessment of his or her personal situation, those bodies are of the opinion that the minor may need international protection. 35 RO: it is not the determining authority the one who should lodge the application on behalf of the minor, but steps should be taken for the responsible authority to appoint a guardian in the shortest time. 5939/17 AB, ZH, PC/pf 22 ANNEX DGD1B LIMITE EN

Reception Conditions Directive: Article 11 Detention of vulnerable persons and of applicants with special reception needs 1. The health, including mental health, of applicants in detention who are vulnerable persons have special reception needs shall be of primary concern to national authorities. 36 Where vulnerable persons applicants with special reception needs are detained, Member States shall ensure regular monitoring and adequate support taking into account their particular situation, including their health. 37 2013/33/EU 2. Minors 38 shall be detained only as a measure of last resort and after it having been established that other less coercive alternative measures cannot be applied effectively. Such detention shall be for the shortest period of time and all efforts shall be made to release the detained minors and place them in accommodation suitable for minors. 36 37 38 ES: scrutiny reservation. ES: scrutiny reservation. PL: special attention should be paid to precisely formulate the principle of detention of minors, understood as any persons under the age of 18, so as not to lead to situations where detaining families with children will not be permitted. This provision creates a real risk of having to separate the minor from parents or guardians. PL does not except such solutions. 5939/17 AB, ZH, PC/pf 23 ANNEX DGD1B LIMITE EN

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