The proposal was amended as follows:

Text proposed by the Commission(1)   Amendments by Parliament Amendment 1 Recital 1 (1)  A common policy on asylum, including a Common European Asylum System, is a constituent part of the European Union's objective of progressively establishing an area of freedom, security and justice open to those who, forced by circumstances, legitimately seek protection in the Community. (1)  A common policy on asylum, including a Common European Asylum System, is a constituent part of the European Union's objective of progressively establishing an area of freedom, security and justice open to those who, forced by circumstances, legitimately seek protection in the European Union. Amendment 2 Recital 1 a (new) (1a) The Council and Commission action plan of 3 December 1998 on how best to implement the provisions of the Treaty of Amsterdam on an area of freedom, security and justice(1) calls for the adoption, as quickly as possible and in accordance with the Treaty of Amsterdam, of minimum standards for the reception conditions of applicants for asylum. __________________ (1) OJ C 19, 23.1.1999, p. 1. Amendment 3 Recital 2 (2)  The European Council, at its special meeting in Tampere on 15 and 16 October 1999, agreed to work towards establishing a Common European Asylum System, based on the full and inclusive application of the Geneva Convention relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 1967, thus maintaining the principle of non-refoulement and ensuring that nobody is sent back to persecution. (2)  The European Council, at its special meeting in Tampere on 15 and 16 October 1999, agreed to work towards establishing a Common European Asylum System, based on the full and inclusive application of the Geneva Convention relating to the Status of Refugees of 28 July 1951, as supplemented and amended by the New York Protocol of 31 January 1967, pursuant to the application of the principle established under international law of non-refoulement, thus ensuring that nobody is sent back to persecution. Amendment 4 Recital 3 (3)  The Tampere Conclusions provide that a Common European Asylum System should include, in the short term, common minimum conditions of reception of applicants for asylum. (3)  The Tampere Conclusions provide that a Common European Asylum System should include, in the short term, common minimum standards applicable to the conditions of reception of applicants for asylum. Amendment 5 Recital 3 a (new) (3a) Within the framework of the EU, more extensive mechanisms should be set up so that the problems arising from migration flows can be tackled better and more effectively. Amendment 6 Recital 3 b (new) (3b) The common European asylum system should level up not level down standards in the EU. Amendment 7 Recital 4 (4)  This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European. Union. In particular this Directive seeks to ensure full respect for human dignity and right to asylum of applicants for asylum and their accompanying family members, and to promote the application of Articles 1 and 18 of the Charter of Fundamental Rights of the European Union. (4)  This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European. Union. In particular this Directive seeks to ensure full respect for human dignity and right to asylum of applicants for asylum and their accompanying family members, and to promote the application of Articles 1, 18 and 19 of the Charter of Fundamental Rights of the European Union. Amendment 8 Recital 6 (6)  Minimum standards for the reception of applicants for asylum that will normally suffice to ensure them a dignified standard of living and comparable living conditions in all Member States should be laid down. (6)  Minimum standards for the conditions applicable to the reception of applicants for asylum that will ensure them a dignified, comparable standard of living in all Member States should be laid down. Amendment 9 Recital 6 a (new) (6a) The establishment of minimum standards for the reception of applicants for asylum is a positive step towards a European asylum policy. This does not alter the fact that there is still a need for further integration of asylum policy between the Member States. A common European approach is more necessary than ever. Amendment 10 Recital 7 (7)  The harmonisation of conditions for the reception of applicants for asylum should help to limit the secondary movements of applicants for asylum influenced by the variety of conditions for their reception. (7)  The harmonisation of conditions for the reception of applicants for asylum should help to limit the secondary movements of applicants for asylum between the Member States where such movements are essentially prompted by the differences in the conditions for their reception. Amendment 11 Recital 9 (9)  The number and the quality of reception conditions should be increased in relation to long lasting procedures in so far [as] the length of the procedure is not caused by negative behaviour by applicants for asylum. Deleted Amendment 12 Recital 10 (10)  Reception of groups with special needs should be specifically designed to meet those needs. (10)  Reception of groups and individuals with special needs should be specifically designed to meet those needs. Amendment 15 Recital 15 (15)  The efficiency of national reception systems and co-operation among Member States in the field of reception of applicants for asylum should be secured. (15)  The efficiency of national systems and cooperation among Member States in the field of the reception conditions of applicants for asylum should be secured. Amendment 16 Recital 17 It is  in the very nature of minimum standards that Member States have the power to introduce or maintain more favourable provisions for third country nationals and stateless persons who ask for international protection from a Member State. It is  in the very nature of minimum standards that Member States have the power to introduce or maintain more favourable provisions for third country nationals and stateless persons who ask for international protection from a Member State than those laid down in this directive. Amendment 17 Recital 19 (19)  The Member States should provide for penalties in the event of infringement of the national provisions adopted pursuant to this Directive. (19)  The Member States should provide for penalties in the event of an observed infringement of the national provisions adopted pursuant to this Directive. Amendment 18 Recital 21 (21)  In accordance with the principles of subsidiarity and proportionality set out in Article 5 of the Treaty, the objective of the proposed action, namely to establish minimum standards on the reception of applicants for asylum in Member States, cannot be attained by the Member States and, by reason of the scale and effects of the proposed action can therefore only be achieved by the Community. This Directive confines itself to the minimum required to achieve that objective and does not go beyond what is necessary for that purpose, (21)  In accordance with the principle of subsidiarity set out in Article 5 of the Treaty, the objective of the proposed action, namely to establish minimum standards on the reception of applicants for asylum in Member States, cannot be adequately attained by the Member States and, by reason of the scale and effects of the proposed action can therefore only be achieved by the Community. Pursuant to the proportionality principle laid down in Article 5 of the Treaty, this Directive confines itself to the minimum required to achieve that objective and does not go beyond what is necessary for that purpose, Amendment 19 Article 1 The purpose of this Directive is to establish minimum standards on the reception of applicants for asylum in Member States. The purpose of this Directive is to establish minimum standards on the reception of third-country nationals and stateless persons applying for asylum or another form of international protection in Member States. Amendment 20 Article 2, point (a) (a) "Geneva Convention" means the Convention relating to the status of refugees done at Geneva on 28 July 1951, as supplemented by the New York Protocol of 31 January 1967; (a) "Geneva Convention" means the Convention relating to the status of refugees done at Geneva on 28 July 1951, as supplemented and amended by the New York Protocol of 31 January 1967; Amendment 21 Article 2, point (b) (b) "Application for asylum" means a request by a third country national or a stateless person for international protection from a Member State which can be understood to be on the grounds that that person is a refugee within the meaning of Article 1(A) of the Geneva Convention. Any application for international protection is presumed to be an application for asylum unless a third country national or a stateless person explicitly requests another kind of protection that can be applied for separately; (b) "Application for asylum" means a request for any kind of international protection, be it on the grounds of Article 1(A) of the Geneva Convention or any other form of protection granted by a Member State. Amendment 114 Article 2, point (c) (c) "Applicant" or "applicant for asylum" means a third country national or a stateless person who has made an application for asylum in respect of which a final decision has not yet been taken. A final decision is a decision in respect of which all possible remedies under Council Directive …/…/EC [on minimum standards on procedures in Member States for granting and withdrawing refugee status](1) have been exhausted; (c) "Applicant" means a third country national or a stateless person who has made an application for asylum or another form of international protection in respect of which a final decision has not yet been taken. A final decision is a decision in respect of which all possible remedies have been exhausted; (1) COM(2000) 578 final. Amendment 115 Article 2, point (d), introduction and point (i) (d) "Family members" means, in so far as the family already existed in the country of origin, the following members of the applicant's family: (d) "Family members" means the following members of the applicant's family: (i) the spouse or unmarried partner in a stable relationship, if the legislation of the Member State where the application has been lodged or is being examined treats unmarried couples in the same way as married couples; (i) the spouse or unmarried partner, irrespective of sex, in a stable relationship, if the legislation or practice of the Member State where the application has been lodged or is being examined treats unmarried or same-sex couples and married couples in a corresponding manner; Amendment 25 Article 2, point (d), point (ii) (ii) the children of the couple referred to in point (i) or of the applicant, on condition that they are unmarried and dependent and without distinction according to whether they were born in or out of wedlock or adopted; (ii) the children of the couple referred to in point (i) or of the applicant, on condition that they are minors, unmarried and dependent and without distinction according to whether they were born in or out of wedlock or adopted; Amendment 26 Article 2, point (f) (f) "Refugee" means a person who fulfils the requirements of Article 1(A) of the Geneva Convention; (f) "Refugee" means a third-country national or a stateless person who fulfils the requirements of Article 1(A) of the Geneva Convention; Amendment 27 Article 2, point (g) (g) "Refugee status" means the status granted by a Member State to a person who is a refugee and is admitted as such to the territory of that Member State; (g) "Refugee status" means the status granted by a Member State to a person who is recognised as a refugee and is admitted as such to the territory of that Member State or is authorised to remain and reside therein; Amendment 28 Article 2, point (j) (j) "Reception conditions" means the full set of measures that Member States grant to applicants for asylum in accordance with this Directive; (j) "Reception conditions" means the full set of measures provided by Member States for applicants for asylum and which are granted in accordance with this Directive; Amendment 29 Article 2, point (k) (k) "Material reception conditions" mean the reception conditions that include housing, food and clothing, provided in kind, or as financial allowances or in vouchers, and a daily expenses allowance; (k) "Material reception conditions" mean the reception conditions that include, as a minimum, housing, food and clothing, provided in kind, or as financial allowances; Amendment 30 Article 2, point (l) (l) "Detention" means confinement of an applicant for asylum by a Member State within a restricted area, such as prisons, detention centres or airport transit zones, where the applicant's freedom of movement is substantially curtailed; (l) "Detention" means confinement of an applicant for asylum by a Member State within a restricted area, where the applicant's freedom of movement is substantially curtailed; Amendment 31 Article 2, point (m) (m) "Accommodation centre" means any place used only for collective housing of applicants for asylum and their accompanying family members; (m) "Accommodation centre" means any place used for collective housing of applicants for asylum and their accompanying family members; Amendment 32 Article 2, point (n) (n) "Detention centre" means any place used for housing, in a detention situation, applicants for asylum and their accompanying family members; it includes accommodation centres where the applicants' freedom of movement is restricted to the centres. (n) "Detention centre" means any place used for housing, in a detention situation, applicants for asylum and their accompanying family members; Amendment 33 Article 3, paragraph 1 1.  This Directive shall apply to all third country nationals and stateless persons who make an application for asylum at the border or on the territory of a Member State and to their accompanying family members. 1.  This Directive shall apply to all third country nationals and stateless persons who make an application for asylum or another form of international protection at the border or on the territory of a Member State and to their accompanying family members. It shall also apply where examination of an application for asylum takes place within the context of a procedure to decide on the right of the applicant to enter legally the territory of a Member State. It shall also apply where examination of an application for asylum or another form of international protection takes place within the context of a procedure to decide on the right of the applicant to enter legally the territory of a Member State. Amendment 34 Article 3, paragraph 3 3.  Member States may decide to apply this Directive in connection with procedures for deciding on applications for kinds of protection other than that emanating from the Geneva Convention for third country nationals or stateless persons who are found not to be refugees. Deleted Amendment 35 Article 4 Member States may introduce or retain more favourable provisions in the field of reception conditions for applicants for asylum in so far as they are compatible with this Directive. Member States may introduce or shall retain more favourable provisions in the field of reception conditions for applicants for asylum provided that they are compatible with this Directive. This Directive shall in no circumstances be used to modify any more favourable provisions existing in the Member States. Amendment 36 Article 5, paragraph 1, subparagraph 1 1.  Member States shall inform applicants for asylum as well as adult accompanying family members, immediately after they have lodged their application, of benefits to which they are entitled and of the obligations with which they must comply relating to reception conditions. 1.  Member States shall inform each applicant for asylum as well as each adult accompanying family member, immediately after they have lodged their application, of benefits to which they are entitled and of the obligations with which they must comply relating to reception conditions. Amendment 37 Article 5, paragraph 3 3.  Member States shall ensure that the information referred to in paragraph 1 is in writing and, as far as possible, in a language that the applicants understand. 3.  Member States shall ensure that the information referred to in paragraph 1 is in writing and in a language that the applicants can reasonably be expected to understand. Where necessary such information shall be provided verbally. Amendment 39 Article 5, paragraph 4 4.  Applicants shall be informed of language courses and voluntary return schemes when they are available for them. Deleted Amendment 40 Article 6, paragraph 5 5.  Member States may provide applicants for asylum with a travel document when serious humanitarian reasons arise that require their presence in another State. 5.  Member States shall provide applicants for asylum with a travel document and a visa when serious humanitarian reasons arise that require their presence in another State. Amendment 41 Article 7, paragraph 1 1.  Member States shall grant applicants and their accompanying family members individual freedom of movement within their territory or in a specific area of it under the conditions set out in this Article. 1.  Member States shall grant applicants and their accompanying family members individual freedom of movement within their territory and may decide to limit it to a specific area of it only for exceptional reasons, where it is essential for applying this Directive or in order to enable applications for asylum to be processed swiftly. Amendment 44 Article 7, paragraph 6 6.  Member States may require applicants who are free to choose their place of residence to inform the relevant authorities of their current address and notify any change of address to those authorities as soon as possible. 6.  Member States shall require applicants who are free to choose their place of residence to inform the relevant authorities of their current address and notify any change of address to those authorities immediately. Amendment 45 Article 7, paragraph 6 a (new) 6a. Member States shall not detain persons awaiting expulsion following an unsuccessful application for asylum in the housing facilities referred to in Article 16. Amendment 46 Article 11 Member States may require medical screening for applicants. Member States shall ensure that the competent bodies that carry out the screening use methods that are safe and respect human dignity. Member States may require medical screening for applicants. Member States shall ensure that the competent bodies that carry out the screening use methods that are safe and respect human dignity and privacy, with the confidentiality of screening information legally guaranteed and the results of medical screening under no circumstances allowed to adversely influence the outcome of the procedure. Member States shall provide medical treatment for any applicants for asylum who are ill. Amendment 47 Article 12, paragraph 1, subparagraphs 1 and 2 1.  Member States shall ensure that minor children of applicants for asylum and applicants for asylum who are minors have access to the education system under the same conditions as nationals for so long as a deportation order against them or their parents cannot actually be enforced 1.  Member States shall ensure that minor children of applicants for asylum and applicants for asylum who are minors have access to the education system and are covered by rules on compulsory schooling under the same conditions as nationals for so long as a deportation order against them or their parents cannot actually be enforced. The Member States may limit such access to the state education system only. Amendment 48 Article 12, paragraph 2 2.  Access to the education system shall not be postponed for more than 65 working days after the application has been lodged by the minor or the minor's parents. 2.  Access to the education system shall be granted as soon as possible and no later than 21 working days after the application has been lodged by the minor or the minor's parents. Amendment 49 Article 12, paragraph 3 3.  Member States shall ensure that minors referred to in paragraph 1 are offered language courses if a lack of knowledge of the language of that Member State makes normal schooling impossible. 3.  Member States shall ensure that minors referred to in paragraph 1 are offered linguistic-support courses, in particular if a lack of knowledge of the language of the host Member State makes normal schooling impossible. Amendment 50 Article 12, paragraph 3 a (new) 3a. Member States may offer children who have not attained the age of compulsory schooling places in childcare and pre-school facilities under the same conditions as apply to nationals. Amendment 51 Article 13, paragraph 1 1.  Member States shall not forbid applicants and their accompanying family members to have access to the labour market for more than six months after their application has been lodged. Member States shall lay down the conditions for the access to the labour market after such a period. 1.  Member States shall allow applicants and their accompanying family members to have access to the labour market as soon as possible but not later than four months after their application has been lodged. Member States shall lay down the conditions for the access to the labour market after such a period. Amendment 52 Article 13, paragraph 2 2.  Access to the labour market shall not be withdrawn for the sole reason that an application has been rejected if an appeal with suspensive effect has been lodged or a decision has been obtained allowing the applicant to remain in the Member State in which the application has been lodged or is being examined for the time an appeal against a negative decision is examined. 2.  Access to the labour market shall not be withdrawn for the sole reason that an application for asylum has been rejected if an appeal with suspensive effect has been lodged or a decision has been obtained allowing the applicant to remain in the Member State in which the application has been lodged or is being examined for the time an appeal against a negative decision is examined. Amendment 53 Article 13, paragraph 3 3.  Access to the labour market may be excluded when negative behaviour of the applicant is ascertained, in accordance with Article 22. Deleted Amendment 54 Article 14, paragraph 1 1.  Member States shall not forbid applicants and their accompanying family members to have access to vocational training for more than six months after their application has been lodged. Member States shall lay down the conditions for the access to vocational training after such a period. 1.  Member States shall not forbid applicants and their accompanying family members to have access to vocational training and other forms of education for more than six months after their application has been lodged. Member States shall lay down the conditions for the access to vocational training and other forms of education after such a period. Amendment 55 Article 14, paragraph 2 2.  Access to vocational training shall not be withdrawn for the sole reason that an application has been rejected if an appeal with suspensive effect has been lodged or a decision has been obtained allowing the applicant to remain in the Member State in which the application has been lodged or is being examined for the time an appeal against a negative decision is examined. 2.  Access to vocational training and other forms of education shall not be withdrawn for the sole reason that an application for asylum has been rejected if an appeal with suspensive effect has been lodged or a decision has been obtained allowing the applicant to remain in the Member State in which the application has been lodged or is being examined for the time an appeal against a negative decision is examined. Amendment 56 Article 14, paragraph 3 3.  Access to vocational training may be excluded when negative behaviour of the applicant is ascertained, in accordance with Article 22. Deleted Amendment 57 Article 15, paragraph 1 1.  Member States shall ensure that material reception conditions are available to applicants and their accompanying family members: 1.  Member States shall ensure that material reception conditions are available to applicants and their accompanying family members throughout all stages of the procedure, including the appeals procedure. (a) during the regular, admissibility and accelerated procedures up to the moment a negative first instance decision is notified; (b) during the appeal procedures, when an appeal against a negative decision has suspensive effect, up to the moment a negative decision on the appeal is notified; (c) when they have obtained a decision allowing them to remain at the border or on the territory of the Member State in which the application has been lodged or is being examined for the time their appeal against a negative decision is examined. Amendment 58 Article 15, paragraph 2, subparagraph 3 Member States shall ensure that this standard is determined with regard to the length of the procedure. Deleted Amendment 59 Article 15, paragraph 3 3.  Material reception conditions may be provided in kind in the form of financial allowances or of vouchers. 3.  Material reception conditions may be provided in kind in the form of financial allowances. Amendment 60 Article 15, paragraph 4 4.  Member States may reduce or withdraw material reception conditions three months after applicants and their accompanying family members have been allowed access to the labour market. In these cases, as far as they are not financially independent, Member States shall grant them a food allowance and access to basic social care. 4.  Member States may reduce or withdraw material reception conditions three months after applicants and their accompanying family members have been allowed access to the labour market and if they have secured employment. In these cases, as far as they are not financially independent, Member States shall grant them access to basic social benefits. Amendment 61 Article 16, paragraph 1, point (c) (c) in private houses, flats or hotels; (c) in private houses, flats, hotels or any other form of housing which is of an adequate standard to ensure health and wellbeing; Amendment 62 Article 16, paragraph 1, point (d) (d) grant of a financial allowance or vouchers sufficient to enable applicants to find independent housing. (d) grant of a financial allowance to enable applicants to find independent housing. Amendment 63 Article 16, paragraph 2, point (a) (a) access to emergency health and psychological care and to health care that cannot be postponed; (a) access to health and psychological care; Amendment 65 Article 16, paragraph 2, subparagraph 2 Member States shall ensure that applicants and their accompanying family members are protected from sexual assault within the premises referred to in paragraphs 1(a) and (b). Member States shall ensure that applicants and their accompanying family members are protected from all forms of aggression and shall guarantee their safety. Amendment 66 Article 16, paragraph 3 3.  Member States shall ensure that minor children of applicants or applicants who are minors are lodged with their parents or with the adult family member responsible for them whether by law or by custom. Minor children of applicants or applicants who are minors, who have adult family members responsible for them already living in the Member State in which the application has been lodged or is being examined shall be allowed to stay with their family members, for the duration of their stay in the country. 3.  Member States shall ensure that members of the same family are housed together. Minor children of applicants or applicants who are minors shall be lodged with the adult family member responsible for them whether by law or by custom. Applicants who have family members already living in the Member State in which the application has been lodged or is being examined shall be allowed to stay with their family members, for the duration of their stay in the country. Amendment 67 Article 16, paragraph 4 4.  Member States shall ensure that transfers of applicants from one housing facility to another take place only when necessary in relation to the examination of the application or for security reasons. Member States shall provide for the possibility for applicants to inform their legal advisers of the transfer and of their new place of housing. 4.  Member States shall ensure that transfers of applicants from one housing facility to another take place only when necessary. Member States shall provide for the possibility for applicants to inform their legal advisers of the transfer and of their new place of housing. Amendment 68 Article 16, paragraph 5 5.  Persons working in accommodation centres shall be specifically trained or have a specific background in relation to the characteristics and the specific needs of applicants for asylum and their accompanying family members. They shall be bound by the confidentiality principle. 5.  Persons working in accommodation centres shall be adequately trained and shall be bound by the confidentiality principle as regards the information to which they gain access through their work. Amendment 69 Article 16, paragraph 6 6.  Member States may involve applicants in managing the material resources and non-material aspects of life in the centre through a representative advisory board or council which should be gender balanced. 6.  Member States shall involve applicants in managing the material resources and non-material aspects of life in the centre through a representative advisory board or council comprising residents thereof which should be gender and nationality balanced. Amendment 70 Article 16, paragraph 7 7.  Member States shall ensure that legal advisers or counsellors of applicants for asylum and the representatives of the UNHCR and the relevant NGOs have access to all housing facilities. Limits on such access may only be imposed on grounds relating to the security of the facilities and of the applicants. 7.  Member States shall ensure that legal advisers or counsellors of applicants for asylum and the representatives of the UNHCR and the relevant NGOs have access to all housing facilities. Amendment 71 Article 16, paragraph 8 8.  The housing referred to in paragraph 1(a) shall be available for applicants and their accompanying family members when they must wait for 12 hours or more for a decision on their right to enter the territory. 8.  The housing referred to in paragraph 1(a) shall be available for applicants and their accompanying family members when they must wait for 12 hours or more for a decision on their right to enter the territory. In the event of a huge influx of displaced persons the Member States may establish other housing conditions. Amendment 72 Article 17, paragraph 1 1.  Member States shall ensure that the total amount of the allowances or vouchers to cover material reception conditions is sufficient to avoid applicants and their accompanying family members falling into poverty. 1.  Member States shall ensure that the amount of the allowances to cover material reception conditions is sufficient to avoid applicants and their accompanying family members falling into poverty, as defined inaccordance with national law. In cases where applicants, being entitled to those allowances or vouchers, are allowed to stay with relatives or friends, Member States may nonetheless grant them 50% of the allowances or vouchers to which they are entitled pursuant to national law in application of this Directive. In cases where applicants, being entitled to those allowances, are allowed to stay with relatives or friends, Member States may not reduce the allowances to which they are entitled pursuant to national law in application of this Directive. Amendment 73 Article 17, paragraph 2 2.  Member States may decide not to pay an allowance for daily expenses, when applicants for asylum are in detention. Deleted Amendment 74 Article 18 Member States shall ensure that applicants and their accompanying family members have access to an independent office that can hear complaints and resolve disputes concerning the material reception conditions provided for by Articles 15, 16 and 17. Member States shall ensure that applicants and their accompanying family members can lodge complaints with an administrative body which is competent to resolve disputes concerning the material reception conditions provided for by Articles 15, 16 and 17. Amendment 75 Article 19, paragraph 1 1.  Member States may require applicants who can afford to do so to contribute to the cost of their material reception conditions or to cover it. Decisions to provide material reception conditions not free of charge shall be taken individually, objectively and impartially and reasons shall be given. 1.  Member States may require applicants who can afford to do so to contribute to the cost of their material reception conditions in whole or in part. Decisions to provide material reception conditions not free of charge shall be taken individually, objectively and impartially and shall be based on the actual extent of the financial resources of applicants for asylum and their accompanying family members. Amendment 76 Article 20, title Health and psychological care during regular procedures Health and psychological care during application procedures Amendment 77 Article 20, paragraph 1, introductory part 1.  Member States shall ensure that applicants and their accompanying family members have access to primary health care provided by a general practitioner, psychological care and health care that cannot be postponed: 1.  Member States shall ensure that applicants and their accompanying family members have access to primary health care provided by a general practitioner, psychological care and health care that cannot be postponed throughout all stages of the procedure, including the appeals procedure. Amendment 78 Article 20, paragraph 1, point (a) (a) during the regular procedure up to the moment a negative first instance decision is notified; Deleted Amendment 79 Article 20, paragraph 1, point (b) (b) during the appeal procedures, when an appeal against a negative decision in a regular procedure has suspensive effect, up to the moment a negative decision on the appeal is notified; Deleted Amendment 80 Article 20, paragraph 1, point (c) (c) when applicants and their accompanying family members have obtained a decision allowing them to remain at the border or on the territory of the Member State in which the application has been lodged or is being examined for the time their appeal against a negative decision in a regular procedure is examined. Deleted Amendment 81 Article 20, paragraph 2 2.  In the circumstances referred to in paragraph 1, Member States shall meet the special needs of applicants and their accompanying family members who are pregnant women, minors, mentally ill persons, disabled persons or victims of rape or other forms of gender related violence. 2.  In the circumstances referred to in paragraph 1, Member States shall take the necessary steps to attend to the special needs of applicants and their accompanying family members who are pregnant women, elderly people, minors, mentally ill persons, disabled persons or victims of torture, rape or other serious forms of psychological, physical or gender related violence. Amendment 82 Article 21, title and paragraph 1 Health and psychological care during other procedures Deleted 1.  Member States shall ensure that applicants and their accompanying family members have access to emergency health and psychological care and health care that cannot be postponed during admissibility and accelerated procedures, and during the examination of their application within the context of a procedure to decide on their right to legally enter the territory of a Member State. Amendment 83 Article 21, paragraph 2 2.  In the circumstances referred to in paragraph 1 Member States shall meet the special needs of the applicants and their accompanying family members who are pregnant women, minors, mentally ill persons, disabled persons or victims of rape or other forms of gender related violence. Deleted Amendment 84 Article 21, paragraph 3 3.  In the circumstances referred to in paragraph 1, Member States shall lay down the conditions of access of applicants and their accompanying family members to health care that prevents aggravation of existing illness. Deleted Amendment 85 Article 21, paragraph 4 4.  Member States shall ensure that if a decision to dismiss the application as inadmissible or manifestly unfounded has not been taken 65 working days after an application is lodged, the applicant and accompanying family members have the same access to health care as during the regular procedure. Deleted Amendment 86 Article 21, paragraph 5 5.  Member States shall ensure that if a decision on the appeal has not yet been taken 65 working days after notice of appeal is given in admissibility and accelerated procedures, the applicant and accompanying family members have the same access to health care as during the regular procedure. Deleted Amendment 87 Article 21, paragraph 6 6.  Member States may require applicants who can afford to do so to contribute to the cost of their health and psychological care or to cover it. Decisions to provide health and psychological care not free of charge shall be taken individually, objectively and impartially and reasons shall be given. Deleted Amendment 88 Article 21, paragraph 7 7.  Member States shall ensure that applicants have the right to bring proceedings before a court against the decisions referred to in paragraph 6 and that they have access to legal assistance. Deleted Amendment 89 Article 22, Title Reduction or withdrawal of reception conditions following negative behaviour Reduction or withdrawal of reception conditions Amendment 90 Article 22, paragraph 1, point (a) (a) if an applicant for asylum has disappeared or, without reasonable cause, has not complied with reporting duties or requests to provide information or to appear for personal interviews concerning the asylum procedure for at least 30 working days. When the missing applicant is traced or voluntarily reports to the relevant authority after that period, a reasoned decision based on the reasons for the disappearance shall be taken on the reinstallation or the grant of some or all of the reception conditions. Reception conditions depending on the length of the procedure shall not be granted; (a) if an applicant for asylum has disappeared or, without reasonable cause, has not complied with reporting duties or requests to provide information or to appear for personal interviews concerning the asylum procedure for at least 30 working days. When the missing applicant is traced or voluntarily reports to the relevant authority after that period, a reasoned decision based on the reasons for the disappearance shall be taken on the reinstallation or the grant of some or all of the reception conditions; Amendment 91 Article 22, paragraph 1, point (b) (b) if an applicant withdraws the application; Deleted Amendment 92 Article 22, paragraph 1, point (c) (c) if an applicant has concealed financial resources and has therefore unduly benefited from material reception conditions; (c) if an applicant has fraudulently concealed financial resources and has therefore unduly benefited from material reception conditions; Amendment 116 Article 22, paragraph 1, point (d) (d) if an applicant is regarded as a threat to national security or there are serious grounds for believing that the applicant has committed a war crime or a crime against humanity or if, during the examination of the asylum application, there are serious and manifest reasons for considering that grounds of Article 1 (F) of the Geneva Convention may apply with respect to the applicant. (d) if an applicant is regarded as a threat to national security or there are serious grounds for believing that the aplicant has commited a war crime or a crime against humanity or a terrorist offence, as referred to in Council Framework Decision of ... on combating terrorism(1), or if, during the examination of the asylum application, there are serious and manifest reasons for considering that grounds of Article 1 (F) of the Geneva Convention may apply with respect to the applicant. (1) OJ L ... Amendment 94 Article 22, paragraph 3 3.  Member States may reduce material reception conditions when an applicant prevents minors under that applicant's care from attending school or single classes in ordinary school programmes. Deleted Amendment 95 Article 22, paragraph 4 4.  Decisions for reduction or withdrawal of reception conditions referred to in paragraphs 1, 2 and 3 shall be based solely on the personal conduct of the person concerned and on the principle of proportionality. Member States shall ensure that such decisions are taken individually, objectively and impartially and reasons shall be given. 4.  Decisions for reduction or withdrawal of reception conditions referred to in paragraphs 1 and 2 shall be based solely on the personal conduct of the person concerned and on the principle of proportionality. Member States shall ensure that such decisions are taken individually, objectively and impartially and reasons shall be given. Amendment 97 Article 22, paragraph 6 6.  Emergency health care and health care that cannot be postponed shall not be reduced or withdrawn. Food,  accommodation, emergency health care and health care that cannot be postponed shall not be reduced or withdrawn. Amendment 98 Article 23, paragraph 1 1.  Member States shall take into account the specific situation of persons who have special needs as minors, unaccompanied minors, disabled people, elderly people, pregnant women, single women subject, in their country of origin, to substantial legal gender related discrimination, single parents with minor children and victims of sexual abuse or exploitation, in the national legislation implementing the provisions of Chapters III, IV and V relating to material reception conditions, psychological and health care. 1.  Member States shall take into account the specific situation of persons who have special needs such as minors, unaccompanied minors, disabled people, elderly people, pregnant women, women subject, in their country of origin, to substantial legal gender related discrimination, single parents with minor children and persons who have suffered torture, rape or other serious forms of psychological, physical or sexual violence in the national legislation implementing the provisions of Chapters III, IV and V relating to material reception conditions, psychological and health care. Amendment 99 Article 24, paragraph 2 a (new) 2a. Member States shall ensure that minors are not placed in detention, unless exceptional circumstances so justify. Amendment 100 Article 25, paragraph 1 1.  Member States shall ensure that, as soon as possible, a guardian for each unaccompanied minor is appointed who shall ensure that the minor's needs are duly met in the implementation of the provisions of this Directive. Regular assessments shall be made by the appropriate welfare authorities. 1.  Member States shall ensure that, as soon as possible, a legal guardian or a national organisation responsible for the care and the well-being of the minor, or some other suitable form of representation for each unaccompanied minor is appointed who shall ensure that the minor's needs are duly met in the implementation of the provisions of this Directive. Regular assessments shall be made by the appropriate welfare authorities. Amendment 101 Article 25, paragraph 2 2.  Unaccompanied minors who make an application for asylum shall, from the moment they are admitted to the territory to the moment they have to leave the Member State in which the application has been lodged or is being examined, be placed, in the following order of priority 2.  Unaccompanied minors who make an application for asylum shall, from the moment they are admitted to the territory to the moment they have to leave the Member State in which the application has been lodged or is being examined, be placed, in the following desirable order of priority (a) with adult family members; (a) with adult family members; (b) with a foster family; (b) with a foster family; (c) in centres specialised in accommodation for minors; (c)in centres specialised in accommodation for minors; (d) in other accommodation with a suitable situation for minors. (d) in other accommodation with a suitable situation for minors. Siblings shall be kept together. Changes of unaccompanied minors' residence shall be limited to a minimum. As far as possible, siblings shall be kept together, taking into account the best interest of the minor and, in particular his age and level of maturity. Changes of unaccompanied minors' residence shall be limited to a minimum. Amendment 102 Article 25, paragraph 3 If it  is in the best interest of the child, Member States shall endeavour to trace the members of the family of unaccompanied minors as soon as possible. In cases where there may be a threat to the life or integrity of a minor or its close relatives, particularly if they have remained in the country of origin, care must be taken to ensure that the collection, processing and circulation of information concerning those persons is undertaken on a confidential basis, so as to avoid jeopardising their safety. 3.  Member States, protecting the best interest of the minor, shall endeavour to trace the members of the family of unaccompanied minors as soon as possible. In cases where there may be a threat to the life or integrity of a minor or its close relatives, particularly if they have remained in the country of origin, care must be taken to ensure that the collection, processing and circulation of information concerning those persons is undertaken on a confidential basis, so as to avoid jeopardising their safety. Amendment 103 Article 25, paragraph 4 Those  working with unaccompanied minors shall receive appropriate training on their needs. Those  working with unaccompanied minors shall receive specialist and appropriate training on the needs of minors and shall be bound by the confidentiality principle in respect of any information to which they gain access through their work. Amendment 104 Article 26 Victims of torture and organised violence Victims of torture and violence Member States shall ensure that, if necessary, victims of torture, or organised violence, rape, other gender related violence or other serious acts of violence are accommodated in special centres for traumatised persons or have access to special rehabilitation programmes. Special mental health care shall be provided for persons suffering from post-traumatic stress when it is needed. Member States shall ensure that, if necessary, persons who have suffered torture, rape, or other serious acts of violence are accommodated in special centres for traumatised persons or have access to special rehabilitation programmes. Special mental health care shall be provided for persons suffering from post-traumatic stress when it is needed. Amendment 105 Article 28 Member States shall ensure co-ordination between the competent authorities and other actors, including NGOs, involved at national or local level in the reception of applicants for asylum in accordance with this Directive. Member States shall ensure co-ordination between the competent authorities and other actors, including NGOs and communities of refugee groups, involved at national, regional or local level in the reception of applicants for asylum in accordance with this Directive. Amendment 106 Article 29 Member States shall ensure that appropriate measures are in place to promote harmonious relationships between local communities and the accommodation centres that are located in their territory with a view to preventing acts of racism, sex discrimination and xenophobia against applicants for asylum. Member States shall ensure that appropriate measures are in place to promote harmonious relationships between local communities and the accommodation centres that are located in their territory with a view to preventing acts of racism and xenophobia against applicants for asylum. Member States shall adopt the measures necessary to prevent any other type of discrimination against applicants for asylum and shall help them to become integrated within the social, economic and cultural life of their local host communities. Amendment 107 Article 30 Guidance, monitoring and control system Regulation, monitoring and control system Member States shall provide for rules on the guidance, monitoring and control of the level of reception conditions to ensure: Member States shall provide for rules on the regulation, monitoring and control of the level of reception conditions to ensure: (a) comparable standards of reception conditions within the national reception system; (a) comparable standards of reception conditions within the national reception system; (b) comparable standards of facilities in different centres; (b) comparable standards of facilities in different centres; (c) adequate training of the relevant staff. (c) adequate training of the relevant staff. Those rules shall include provisions on the office referred to in Article 18 and on regular inspections and the adoption of guidelines on standards of reception conditions and measures to remedy to possible deficiencies of the reception system. Those rules shall include provisions on the office referred to in Article 18 and on the adoption of guidelines on, and regular inspections of standards of reception conditions and measures to remedy to possible deficiencies of the reception system. Amendment 108 Article 32 The Member States shall give effect to the provisions of this Directive without discrimination on the basis of sex, race, colour, ethnic or social origin, genetic characteristics, language, religion or beliefs, political or other opinions, membership of a national minority, fortune, birth, disabilities, age or sexual orientation. The Member States shall give effect to the provisions of this Directive without discrimination on any grounds such as sex, gender identity, race, colour, ethnic or social origin, genetic characteristics, health status, language, religion or beliefs, political or other opinions, membership of a national minority, fortune, birth, disabilities, age or sexual orientation. Amendment 109 Article 33, paragraph 3 After presenting the report the Commission shall report to the European Parliament and the Council on the application of this Directive in the Member States at least every five years. After presenting the report the Commission shall report to the European Parliament and the Council on the application of this Directive in the Member States every two and a half years. Amendment 111 Article 35a (new) Article 35a Temporary provision Upon entry into force of Directive …/…/EC [on minimum standards on procedures in Member States for granting and withdrawing refugee status] the definitions of "application for asylum', "procedures' and "appeals' shall be replaced by those laid down in that Directive.

(1) OJ C 213 E, 31.7.2001, p. 286.

(Consultation procedure)

The European Parliament,

–  having regard to the Commission proposal to the Council (COM(2001) 181(1)),

–  having regard to Rule 63 of the EC Treaty,

–  having been consulted by the Council pursuant to Article 67 of the EC Treaty (C5&nbhy;0248/2001),

–  having been informed by the Council that the United Kingdom wishes to participate in the adoption and implementation of the measure to which the Commission proposal relates,

–  having regard to Rule 67 of its Rules of Procedure,

–  having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs and the opinions of the Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy, the Committee on Employment and Social Affairs and Committee on Legal Affairs and the Internal Market (A5&nbhy;0112/2002),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

3.  Calls on the Council to notify Parliament should it intend to depart from the text approved by Parliament;

4.  Calls for the conciliation procedure to be initiated should the Council intend to depart from the text approved by Parliament;

5.  Asks to be consulted again if the Council intends to amend the Commission proposal substantially;

6.  Instructs its President to forward its position to the Council and Commission.

(1) OJ C 213 E, 31.7.2001, p. 286.