Proposal for a Directive of the European Parliament and of the Council on minimum standards on procedures in Member States for granting and withdrawing international protection (Recast)

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1.

Tekst

COUNCIL OF THE EUROPEAN UNION

Interinstitutional File: 2009/0165 (COD)

Brussels, 8 March 2010

1

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ASILE 19 CODEC 178

TEXT PROVIDED BY THE GERMAN DELEGATION

NOTE

from: to:

Subject:

German Delegation Asylum Working Party

Proposal for a Directive of the European Parliament and of the Council on minimum standards on procedures in Member States for granting and withdrawing international protection (Recast)

Delegations will find below text proposals from the German Delegation.

7235/10

DG H 1B

VH/bdn                          1

LIMITE EN

Text proposals of the German delegation (new text in bold and underlined)

  • 1. 
    Article 6 paragraph 5

(5) Member States shall ensure that a minor has the right to make an application for international protection either on his/her own behalf, if he has legal capacity to act in procedures according to national law, or through his/her parents or other adult family members representatives or their representatives.

  • 2. 
    Article 17 paragraphs 1 and 2

Merged paragraphs 1 and 2 based on the Dutch proposal:

(1)  “The determining authorities shall ensure that a medical examination is carried out in cases where there are reasonable grounds to consider that the applicant’s ability to be heard or to make complete and coherent statements does not exist or is limited as a result of a post-traumatic stress disorder, past persecution, or serious harm.”

(2)  deleted

  • 3. 
    Article 20 paragraphs 1 and 2

Merged paragraphs 1 and 2

(1) “Member States shall take appropriate measures to ensure that applicants whom the determining authority considers to have suffered torture, rape, or other serious forms of psychological, physical, or sexual violence as described in Article 21 of Directive […/…/EC] [laying down minimum standards for the reception of asylum seekers (the Reception Conditions Directive)] are given the opportunity and assistance to present the elements of an application as completely as possible and with all available evidence. Where needed, they shall be granted time extensions to enable them to submit evidence or take other necessary steps in the procedure.”

(2) deleted

7235/10                                                                                             VH/bdn                          2

DG H 1B                      LIMITE EN

  • 4. 
    Article 21 paragraph 1
  • 1. 
    With respect to all procedures provided for in this Directive and without prejudice to the provisions of Articles 12 and 14 13, 14 and 15, Member States shall: (a) as soon as possible take measures to ensure that a representative represents and/or can assists, in particular represent the unaccompanied minor with respect to the lodging and the examination of the application. The representative shall be impartial and have the necessary expertise in the field of childcare. This representative can also be the representative referred to in Article 19 of Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers; Directive […/…/EC] [the Reception Conditions Directive];

7235/10                                                                                             VH/bdn                          3

DG H 1B                      LIMITE EN

2.

Originele weergave

afbeelding document
 
 

3.

Meer informatie