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N4rDaC

ANNEX Asylum Procedures

ANNEX Asylum Procedures Regulation: Article 1920 [former Article 19] Applicants in need of special procedural guarantees 1 1. The determining authority shall systematically assess whether an individual applicant is in need of special procedural guarantees. That assessment may be integrated into existing national procedures or into the assessment referred to in Article 21 of Directive XXX/XXX/EU (Reception Conditions Directive), and need not take the form of an administrative procedure. For the purpose of that assessment, the determining authority shall respect the general principles for the assessment of special procedural needs set out in Article 20. 1 CZ: reservation on the article. BE, SI: scrutiny reservation on the article NL: too detailed if the aim is to spot only the first signs; this already happens in practice; lack of clarity as to who does what; not everybody is qualified to spot such signs (comments also valid for Art. 20). SE: both articles 19 and 20 are too complicated. 5939/17 AB, ZH, PC/pf 2 ANNEX DGD1B LIMITE EN

2. Throughout the duration of the procedure for international protection, Wwhere applicants have been identified as applicants being in need of special procedural guarantees, they shall be provided with adequate 2 support allowing them to benefit from the rights and comply with the obligations under this Regulation, in particular through the provision of sufficient time to create the conditions necessary for their effective access to procedures and for presenting the elements needed to substantiate their application. throughout the duration of the procedure for international protection. 3. Where that adequate support cannot be provided within the framework of the accelerated examination procedure referred to in Article 40 or the border procedure referred to in Article 41, in particular where the determining authority considers that the applicant is in need of special procedural guarantees as a result of torture, rape or other serious forms of psychological, physical, sexual violence or gender-based violence, the determining authority shall not apply, or shall cease to apply those procedures to the applicant. 3 2 3 AT: a neutral term, as „adequate“ could have unforeseen dynamics; the CLS should clarify it; change as follows: "…support necessary to allow them to…". COM: these Articles only set the framework, further clarifications should be made via implementing acts. DE: not clear what the consequences are if the support is not provided. AT: redraft as follows: "Where that adequate support cannot be provided within the framework of the accelerated examination procedure referred to in Article 40 or the border procedure referred to in Article 41, in cases where the determining authority considers that the applicant is in need of special procedural guarantees, it shall not apply or cease to apply those procedures to the applicant." As an alternative the whole enumeration could stay, but after “violence“ it should be added “notably victims of trafficking of human beings“. CZ: this para could lead to abuses. DE: scrutiny reservation on para (3); it should include the victims of trafficking and info to be provided to applicants on any possible changes to the procedure; it is not clear what happens to the procedures already concluded. IT: not clear which procedures are referred to in the last line. NL: drop the list because it doesn't include all categories (e.g. victims of trafficking). SE: it should include victims of trafficking. COM: victims of trafficking were not included because they cannot be spotted through first signs. 5939/17 AB, ZH, PC/pf 3 ANNEX DGD1B LIMITE EN

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