1 year ago



Article 17a Reception

Article 17a Reception conditions in a Member State other than the one in which the applicant is required to be present 40 […] 3. Pending the transfer under Regulation (EU) No XXX/XXX [Dublin Regulation] of a minor to the Member State responsible, Member States shall provide him or her with access to suitable educational activities, which may include access to national education systems. 41 Article 21 20 Applicants with special reception needs General principle Member States shall take into account the specific situation of applicants with special reception needs vulnerable persons such as minors, unaccompanied minors, disabled people, elderly people, pregnant women, single parents with minor children, victims of human trafficking, persons with serious illnesses, persons with mental disorders and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence, such as victims of female genital mutilation in the national law implementing this Directive. 40 41 CZ, DE, IE, HU, NL, PL, FI: scrutiny reservation. CZ: this article is outside chapter III; clarify the link with Art. 17 and 19. HU: does not support the principle of a single Member State responsible, as set out in the relevant provisions of the Dublin-proposal, Chapter III. NL: welcomes the COM's intention but there are differences between this article and the Dublin provisions which need to be clarified. PT: reservation; this article singles out a group of people which still require protection; should be part of Chapter III. BE, DE, IE, FR: clarify "suitable educational activities". IT: "suitable educational activities" seems to suggest that we would need to organise something new, parallel to the national education system, which would be burdensome. SE: the right to education is a fundamental right. Minors shall therefore have the right to education on same conditions as nationals. Therefore, replace "suitable educational activities" by "national education". COM: "suitable educational activities" are not "under similar conditions" referred to in Art. 14. 5939/17 AB, ZH, PC/pf 26 ANNEX DGD1B LIMITE EN

Article 22 21 Assessment of the special reception needs of vulnerable persons 42 1. In order to effectively implement Article 21 20, Member States shall systematically 43 , as early as possible after an application for international protection is made, assess whether the applicant is an applicant withis in need of special reception needs. Member States shall also indicate the nature of such needs. That assessment shall be initiated as early as possible within a reasonable period of time after an application for by the authority with which the application for international protection is made and may be integrated into existing national procedures or into the assessment referred to in Article [19] of Regulation (EU) No XXX/XXX [Procedures Regulation]. Member States shall ensure that those special reception needs are also addressed, in accordance with the provisions of this Directive, if they become apparent at a later stage in the asylum procedure. 44 42 43 44 DE, ES: scrutiny reservation. CZ: suggests to add "throughout the procedure". DE, LV, HU, PL, PT: clarify "systematically assess". LU: assessment should be done once a month, throughout the procedure. FI: assessment should be a non-stop process. COM: "systematically" does not refer to a timeframe but to a well-established procedure. Assessment should be initiated as soon as possible. BG: reservation regarding the changes to paragraph 1 through which it is envisaged that the assessment of the special reception needs of applicants shall be initiated as early as possible after an application for international protection is made. This would lead to practical difficulties and is not appropriate, since BG has the practice of identifying applicants after the lodging of an application for protection and during their registration. Suggests that the lodging of an application before the determining authority be the reference moment for carrying out the vulnerability assessment in the context of benefiting from the rights and complying with the obligations of applicants provided for in the RCD. 5939/17 AB, ZH, PC/pf 27 ANNEX DGD1B LIMITE EN

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