Legal provisions of COM(2016)465 - Standards for the reception of applicants for international protection (recast) - EU monitor

EU monitor
Monday, June 1, 2020
calendar

Legal provisions of COM(2016)465 - Standards for the reception of applicants for international protection (recast)

Please note

This page contains a limited version of this dossier in the EU Monitor.



CHAPTER I E> SUBJECT-MATTER <x] PURPOSE, DEFINITIONS AND SCOPE

Article 1

Purpose E> lays<E]

applicants for international protection (‘applicants’) in Member States.

The purpose of tThis Directive is to lay E> lays           down standards for the reception of

Article 2

Definitions

For the purposes of this Directive E/ , the following definitions apply nS :

(1)(a) ‘application for international protection’: means an application for international

protection as defined in Article 2(h) [4(2)(a)] of Directive 2011/95/EU Regulation (EU) No XXX/XXX30 [Procedures Regulation];

^ 2013/33/EU (adapted) ^ new

(2)(b)       ‘applicant’: means ■=> an applicant as defined in Article [4(2)(b)] of Regulation (EU)

No XXX/XXX [Procedures Regulation] <P a third country national or a stateless

person who has made an application for inter na tio nal protection in respect of which a final decision has not yet been taken;


30


(3)(c)      ‘family members’: means O family members as defined in Article [2(9)] of

Regulation (EU) XXX/XXX31 [Qualification Regulation]; <=■ , in so far as the family

already existed in the country of origin, the following members of the applicant’s

family who are present in the same Member State in relation to the application for

international protection:

–––––––––––– spouse of the applicant or his or her unmarried partner in a stable

relationship, where the law or practice of the Member State concerned

unmarried couples in a way co m par able to married couples under its law

relating to th ir d countr y nationals;

–––––––––––e minor children of couples referred to in the first indent or of the ap pli can t,

on condition that they are unmarried and regardless of whether they were born in or out of wedlock or adopted as defined under national law;

–––––––––he father, mother or another adult responsibl e for the applicant whether b y law

or by the practice of the Member State concerned, when th at applicant is a minor and unmar ried;

(4)(d)      ‘minor’: means a ■=> minor as defined in Article [2(10)] of Regulation (EU) No

XXX/XXX [Qualification Regulation] <=■ third country national or stateless person below the age of 18 years;

(5)(e) ‘unaccompanied minor’: means

a an E/ unaccompanied nS

who

Article [2(11)] of Regulation (EU) No XXX/XXX [Qualification Regulation] <=■ arrives on the territory of the Member States unacc om panie d by an adul t re sponsibl e for him or her whether by law or by the practice of the Member S tate concerned, and

for as long as he or she is not effectively takennnnnnnn the care of such a per son ; it

includes a minor who is left un acco m panie d after he or she has entered the territory of the Member States;

*2013/33/EU

(6)(f)     ‘reception conditions’: means the full set of measures that Member States grant to

applicants in accordance with this Directive;

*2013/33/EU (adapted) ^ new

(7)(g) ‘material reception conditions’: means the reception conditions that include housing,

food, and clothing ^and other essential non-food items matching the needs of the applicants in their specific reception conditions, such as sanitary items, ^ provided


•-V as defined in

minor

in kind, or as financial allowances or in vouchers, or a combination of the three, and a daily expenses allowance;

*2013/33/EU

(8)(h) ‘detention’: means confinement of an applicant by a Member State within a particular place, where the applicant is deprived of his or her freedom of movement;

(9)(i)     ‘accommodation centre’: means any place used for the collective housing of

applicants;

.n,

(10)       ‘absconding’: means the action by which an applicant, in order to avoid asylum

procedures, either leaves the territory where he or she is obliged to be present in accordance with Regulation (EU) No XXX/XXX32 [Dublin Regulation] or does not remain available to the competent authorities or to the court or tribunal;

(11)       ‘risk of absconding’: means the existence of reasons in an individual case, which are

based on objective criteria defined by national law, to believe that an applicant may abscond;

*2013/33/EU (adapted)

■=>

(12)(j) ‘E> guardian O representative’: means a person ■=> as defined in Article [4(2)(f)] of Regulation (EU) No XXX/XXX [Procedures Regulation]^ or an

organisation

appointed by the competent bodies in order to assist and represent an unaccompanied minor in procedures provided for in this Directive with a view to ensuring the best interests of the child and exercising legal capacity for the minor where necessary. Where an organisation is appointed as a representative, it shall designate a person responsible for carrying out the duties of representative in respect of the

unaccompanied

r, in accordance with this

(13)(k) ‘applicant with special reception needs’: means person, in accordance with Article

E/ an applicant \S a

vulnerable who is in need of special guarantees in order

to benefit from the rights and comply with the obligations provided for in this Directive ^, such as applicants who are minors, unaccompanied minors, disabled people, elderly people, pregnant women, single parents with minor children, victims


new

new

32

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 ^ .

Aticle 3

Scope

1. This Directive shall apply E/ applies nS to all third-country nationals and stateless persons who make an application for international protection on the territory, including at the E/ external nS border, in the territorial water s ^ sea ^ or in the transit zones of E>the<S] a Member State E> States O , as long as they are allowed to remain on the territory as applicants, as well as to family members, if they are covered by such application for international protection according to national law.

2. T his Directive shall E/ does nS not apply in cases of requests for diplomatic or territorial asylum subm itted to representations of Member States.

3. This Directive shall E> does <3 not apply when the provisions of Council Directive

2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on.measures promoting a balance of efforts betwee n Member States in receiving such persons and bearing the

consequences thereof      are applied E/ appl ies nS .

4. 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 Directive 2011/95/EU Regulation (EU) No XXX/XXX [Qualification Regulation].

Article 4

More

favourable provisions

Member States may introduce or retain more favourable provisions in the field of E/ as regards nS reception conditions for applicants and other E/ their depending nS close relatives of the appl ican t who are present in the same Member State when they are dependent on him or her , or for humanitarian reasons, insofar as these provisions are compatible with this Directive.

Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof (OJ L 212,


33

*2013/33/EU

^ new

CHAPTER II GENERAL PROVISIONS ON RECEPTION CONDITIONS

Article 5

Information

1. Member States shall inform applicants, within a reasnable time not exceding 15

days after th ey have odged ^ as soon as possible and at the latest when they are lodging ^ their application for international protection, of at least any established benefits and of the obligations with which they must comply relating to reception conditions ^. They shall point out in the information provided that the applicant is not entitled to the reception conditions set out in Articles 14 to 17 of this Directive as stated in Article 17a of the same Directive in any Member State other than where he or she is required to be present in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation]^.

Member States shall ensure that applicants are provided with information on organisations or groups of persons that provide specific legal assistance and organisations that might be able to help or inform them concerning the available reception conditions, including health care.

2. Member States shall ensure that the information referred to in paragraph 1 is in

writing ^ using a standard template which shall be developed by the European Union Agency for Asylum ^ and, in a language that the applicant understands or is reasonably supposed to understand. Where ^ necessary ^ appropriate, this information m ay ^ shall ^ also be supplied orally ^ and adapted to the needs of

minors

<=1

*2013/33/EU (adapted) ^ new

Aticle 6 Ll> Travel documents ^ Documentation

Member States shall ensure that, within three days of the lodging of an application for international protection, the applicant is provided with a document issued in his or her own name certifying his or her status as an applicant or testifying that he or she is allowed to stay on the territory of the Member State while his or her application is pending or being examined.

If the holder is not free to move within all or a part of the territory of the Member State, the document shall also certify that fact.

Member States may exclude application of this Article when the applicant is in detention and during the examination of an application for international protection made at the border or within the context of a procedure to decide on the right of the applicant to enter the territory of a Member State. In specific cases, during the examination of an application for international protection, Member States may provide applicants with other evidence equivalent to the document referred to in paragraph 1.

The document referred to in paragraph 1 need not certify the identity of the

Member States shall adopt the necessary measures to provide applicants with the document referred to in paragraph 1, which must be valid for as long as they are authorised to remain on the territory of the Member State concerned.

5. Member States may | shall I provide applicants with a travel document ^ only ^

when serious humanitarian ^ or other imperative ^ reasons arise that require their presence in another State. ^ The validity of the travel document shall be limited to

the purpose and duration needed for the reason for which it is issued. ^

Member States shall not impose unnecessary or disproportionate documentation or other administrative requirements on applicants before granting them the rights to which they are entitled under this Directive for the sole reason that they are applicants for international protection.

*2013/33/EU

Article 7

Residence and freedom of movement

1. Applicants may move freely within the territory of the host Member State or within

an area assigned to them by that Member State. The assigned area shall not affect the unalienable sphere of private life and shall allow sufficient scope for guaranteeing access to all benefits under this Directive.

*2013/33/EU (adapted) ^ new

2.

Member States m ay ^ shall where necessary ^ decide on the residence of the E/ an nS applicant ^ in a specific place ^ for E/ any of the following nS reasons:

of

(a)

(b)

public interest, E/ or nS public order or,;

when necessar y, for the swift processing and effective monitoring of his or her application for international protection;

Q

(c)     for the swift processing and effective monitoring of his or her procedure for determining the Member State responsible in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation];

(d)     to effectively prevent the applicant from absconding, in particular:

–       for applicants who have not complied with the obligation to make an

application in the first Member State of entry as set out in Article [4(1)] of Regulation (EU) No XXX/XXX [Dublin Regulation] and have

without adequate justification

and

travelled to another Member State made an application there; or

where applicants are required to be present in another Member State in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation]; or

for applicants who have been sent back to the Member State where they are required to be present in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation] after having absconded to another Member State.

In those cases, the provision of material reception conditions shall be subject to the actual residence by the applicant in that specific place.

3. Where there are reasons for considering that there is a risk that an applicant may

abscond, Member States shall, where necessary, require the applicant to report to the competent authorities, or to appear before them in person, either without delay or at a specified time as frequently as necessary to effectively prevent the applicant from absconding.

*2013/33/EU (adapted)

4. Member States shall provide for the possibility of granting applicants temporary

permission to leave the E/ their nE] place of residence m enti on ed in paragraphs 2

and 3 and/or

the assigned area

mentioned in paragraph


Decisions shall be taken

individually, objectively and impartially       on the merits of the individual case

and reasons shall be given if they are negative.

new

The applicant shall not require permission to keep appointments with authorities and courts if his or her appearance is necessary.

*2013/33/EU

^ new

5. Member States

shall require applicants to inform the competent authorities of their current ^ place of residence or ^ address ^ or a telephone number where they may be reached ^ and notify any change of ^ telephone number or ^ address to such authorities as soon as possible.

*2013/33/EU (adapted)

36. Member States may make provision of the material reception conditions subject to

actual residence by the applicants in a specific place, to be determined by the Member States. Such a decision, which may be of a general nature, shall be taken individually and established by national law.

Q

7. Decisions referred to in this Article shall be based on the individual behaviour and particular situation of the person concerned, including with regard to applicants with special reception needs, and with due regard to the principle of proportionality.

8. Member States shall state reasons in fact and, where relevant, in law in any decision taken in accordance with this Article. Applicants shall be immediately informed in writing, in a language which they understand or are reasonably supposed to understand, of the adoption of such a decision, of the procedures for challenging the decision in accordance with Article 25 and of the consequences of non-compliance with the obligations imposed by the decision.

|*2013/33/EU (adapted)_____________|

Article 8

Detention

1. Member States shall not hold a person in detention for the sole reason that he or she

is an applicant in accordance with Directive 2013/32/EU of the European Parliam en t

new

and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection34.

*2013/33/EU

2. When it proves necessary and on the basis of an individual assessment of each case, Member States may detain an applicant, if other less coercive alternative measures cannot be applied effectively.

3. An applicant may be detained only:

(a) in order to determine or verify his or her identity or nationality;

(b)

in order to determine those elements on which the application for international protection is based which could not be obtained in the absence of detention, in particular when there is a risk of absconding of the applicant;

.n,

(c)

in order to ensure compliance with legal obligations imposed on the applicant through an individual decision in accordance with Article 7(2) in cases where the applicant has not complied with such obligations and there is a risk of absconding of the applicant.

*2013/33/EU

^ new

(d)(c) in order to decide, in the context of a ^ border ^ procedure ^ in accordance with Article of Regulation (EU) No XXX/XXX [Procedures

Regulation] <=>, on the applicant’s right to enter the territory;

*2013/33/EU

(e)(d) when he or she is detained subject to a return procedure under Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning


new

34


illegally staying third-country nationals35, in order to prepare the return and/or carry out the removal process, and the Member State concerned can substantiate on the basis of objective criteria, including that he or she already had the opportunity to access the asylum procedure, that there are reasonable grounds to believe that he or she is making the application for international protection merely in order to delay or frustrate the enforcement of the return decision;

(f)(e) when protection of national security or public order so requires;

(g)(f) in accordance with Article 28 29 of Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person36 XXX/XXX [Dublin Regulation].

*2013/33/EU (adapted)

E> All O Tthe fx>

above       grounds for detention shall be laid down in national

* 2013/33/EU

4. Member States shall ensure that the rules concerning alternatives to detention, such

as regular reporting to the authorities, the deposit of a financial guarantee, or an obligation to stay at an assigned place, are laid down in national law.

Article 9

Guarantees for detained applicants

1. An applicant shall be detained only for as short a period as possible and shall be kept

in detention only for as long as the grounds set out in Article 8(3) are applicable.

Administrative procedures relevant to the grounds for detention set out in Article 8(3) shall be executed with due diligence. Delays in administrative procedures that cannot be attributed to the applicant shall not justify a continuation of detention.

Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 343, 23.12.2011, p.1).

law.

35

36

2. Detention

of applicants shall be ordered in writing by judicial or administrative authorities. The detention order shall state the reasons in fact and in law on which it is based.

3. Where detention is ordered by administrative authorities, Member States shall

provide for a speedy judicial review of the lawfulness of detention to be conducted ex officio and/or at the request of the applicant. When conducted ex officio, such review shall be decided on as speedily as possible from the beginning of detention. When conducted at the request of the applicant, it shall be decided on as speedily as possible after the launch of the relevant proceedings. To this end, Member States shall define in national law the period within which the judicial review ex officio and/or the judicial review at the request of the applicant shall be conducted.

Where, as a result of the judicial review, detention is held to be unlawful, the applicant concerned shall be released immediately.

4. Detained applicants shall immediately be informed in writing, in a language which they understand or are reasonably supposed to understand, of the reasons for detention and the procedures laid down in national law for challenging the detention order, as well as of the possibility to request free legal assistance and representation.

5. Detention shall be reviewed by a judicial authority at reasonable intervals of time, ex officio and/or at the request of the applicant concerned, in particular whenever it is of a prolonged duration, relevant circumstances arise or new information becomes available which may affect the lawfulness of detention.

6. In cases of a judicial review of the detention order provided for in paragraph 3, Member States shall ensure that applicants have access to free legal assistance and representation. This shall include, at least, the preparation of the required procedural documents and participation in the hearing before the judicial authorities on behalf of the applicant.

Free legal assistance and representation shall be provided by suitably qualified persons as admitted or permitted under national law whose interests do not conflict or could not potentially conflict with those of the applicant.

7. Member States may also provide that free legal assistance and representation are granted:

(a)     only to those who lack sufficient resources; and/or

(b)     only through the services provided by legal advisers or other counsellors specifically designated by national law to assist and represent applicants.

8. Member States may also:

(a)     impose monetary and/or time limits on the provision of free legal assistance and representation, provided that such limits do not arbitrarily restrict access to legal assistance and representation;

(b)     provide that, as regards fees and other costs, the treatment of applicants shall not be more favourable than the treatment generally accorded to their nationals in matters pertaining to legal assistance.

9. Member States may demand to be reimbursed wholly or partially for any costs granted if and when the applicant’s financial situation has improved considerably or if the decision to grant such costs was taken on the basis of false information supplied by the applicant.

10. Procedures for access to legal assistance and representation shall be laid down in national law.

Article 10

Conditions of detention

1. Detention of applicants shall take place, as a rule, in specialised detention facilities. Where a Member State cannot provide accommodation in a specialised detention facility and is obliged to resort to prison accommodation, the detained applicant shall be kept separately from ordinary prisoners and the detention conditions provided for in this Directive shall apply.

As far as possible, detained applicants shall be kept separately from other third-country nationals who have not lodged an application for international protection.

When applicants cannot be detained separately from other third-country nationals, the Member State concerned shall ensure that the detention conditions provided for in this Directive are applied.

2. Detained applicants shall have access to open-air spaces.

3. Member States shall ensure that persons representing the United Nations High Commissioner for Refugees (UNHCR) have the possibility to communicate with and visit applicants in conditions that respect privacy. That possibility shall also apply to an organisation which is working on the territory of the Member State concerned on behalf of UNHCR pursuant to an agreement with that Member State.

4. Member States shall ensure that family members, legal advisers or counsellors and persons representing relevant non-governmental organisations recognised by the Member State concerned have the possibility to communicate with and visit

applicants in conditions that respect privacy. Limits to access to the detention facility may be imposed only where, by virtue of national law, they are objectively necessary for the security, public order or administrative management of the detention facility, provided that access is not thereby severely restricted or rendered impossible.

5. Member States shall ensure that applicants in detention are systematically provided

with information which explains the rules applied in the facility and sets out their rights and obligations in a language which they understand or are reasonably supposed to understand. Member States may derogate from this obligation in duly justified cases and for a reasonable period which shall be as short as possible, in the event that the applicant is detained at a border post or in a transit zone. This derogation shall not apply in cases referred to in Article 43 41 of Directive 2013/32/EU Regulation (EU) No XXX/XXX [Procedures Regulation].

*2013/33/EU (adapted) ^ new

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 vulner able

per sons ^ have special reception needs ^ shall be of primary concern to national authorities.

Where vulner able 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.

*2013/33/EU

2. Minors 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.

*2013/33/EU (adapted) ^ new

The minOr’O best interests \E> of the child O, as prescr ib ed \E> referred to O in Article 23 22(2), shall be a primary consideration for Member States.

Where minors are detained, ^ their right to education must be secured and ^ they shall have the possibility to engage in leisure activities, including play and recreational activities appropriate to their age.

*2013/33/EU

3. Unaccompanied minors shall be detained only in exceptional circumstances. All

efforts shall be made to release the detained unaccompanied minor as soon as possible.

Unaccompanied minors shall

never be detained in prison accommodation.

*2013/33/EU (adapted) ^ new

As

far as possible, unaccompanied minors shall be provided with accommodation in

and

institutions provided with personnel and faci lities which             who              take into

account the ^ rights and ^ needs of persons of their age E/ and facilities nS *-$ adapted to unaccompanied minors ^ .

*2013/33/EU

Where unaccompanied minors are detained, Member States shall ensure that they are accommodated separately from adults.

4. Detained families shall be provided with separate accommodation guaranteeing adequate privacy.

5. Where female applicants are detained, Member States shall ensure that they are accommodated separately from male applicants, unless the latter are family members and all individuals concerned consent thereto.

Exceptions to the first subparagraph may also apply to the use of common spaces designed for recreational or social activities, including the provision of meals.

6. In duly justified cases and for a reasonable period that shall be as short as possible Member States may derogate from the third subparagraph of paragraph 2, paragraph

4 and the first subparagraph of paragraph 5, when the applicant is detained at a border post or in a transit zone, with the exception of the cases referred to in Article 43 41 of Directive 2013/32/EU Regulation (EU) No XXX/XXX [Procedures Regulation].

Article 12

Families

Member States shall take appropriate measures to maintain as far as possible family unity as present within their territory, if applicants are provided with housing by the Member State concerned. Such measures shall be implemented with the applicant’s agreement.

Article 13

Medical screening

Member States may require medical screening for applicants on public health grounds.

Article 14

Schooling and education of minors

1. Member States shall grant to minor children of applicants and to applicants who are

minors access to the education system under similar conditions as their own nationals for so long as an expulsion measure against them or their parents is not actually enforced. Such education may be provided in accommodation centres.

The Member State concerned may stipulate that such access must be confined to the State education system.

Member States shall not withdraw secondary education for the sole reason that the minor has reached the age of majority.

2. Access to the education system shall not be postponed for more than three months

from the date on which the application for international protection was lodged by or on behalf of the minor.

Preparatory classes, including language classes, shall be provided to minors where it is necessary to facilitate their access to and participation in the education system as set out in paragraph 1.

3. Where access to the education system as set out in paragraph 1 is not possible due to

the specific situation of the minor, the Member State concerned shall offer other education arrangements in accordance with its national law and practice.

*2013/33/EU

^ new

Article 15

Employment

1. Member States shall ensure that applicants have access to the labour market no later

than 9 ^ 6 ^=l months from the date when the application for international protection was lodged if a first instance ^ an administrative ^ decision by the competent authority has not been taken and the delay cannot be attributed to the applicant.

Q

Where the Member State has accelerated the examination on the merits of an application for international protection in accordance with points [(a) to (f)] of Article [40(1)] of Regulation (EU) No XXX/XXX [Procedures Regulation], access to the labour market shall not be granted.

*2013/33/EU (adapted) ^ new

2. Member States shall decide the con d ition s for granting access to the labour market

for the applicant, in accordance with their national law, while ensuring \S> ensure O that applicants ^, who have been granted access to the labour market in accordance with paragraph 1, ^ have effective access to the labour market.

For reasons of labour market policies, Member States may give pr iority to ^ verify whether a vacancy could be filled by nationals of the Member State concerned or by other ^ Union citizens, and n ation als of States parties to the Agreement on th e European Economic Area, and to legally resident \S> or by O third-country nationals E/ lawfully residing in that Member State nS .

Q

3. Member States shall provide applicants with equal treatment with nationals as

regards:

new

new

(a) (b)

working conditions, including pay and dismissal, leave and holidays, as well as health and safety requirements at the workplace;

freedom of association and affiliation and membership of an organisation representing workers or employers or of any organisation whose members are engaged in a specific occupation, including the benefits conferred by such organisations, without prejudice to the national provisions on public policy and public security;

(c)     education and vocational training, except study and maintenance grants and loans or other grants and loans related to education and vocational training;

(d)     recognition of diplomas, certificates and other evidence of formal qualifications in the context of existing procedures for recognition of foreign qualifications, while facilitating, to the extent possible, full access for those applicants who cannot provide documentary evidence of their qualifications to appropriate schemes for the assessment, validation and accreditation of their prior learning.

(e)     branches of social security, as defined in Regulation (EC) No 883/2004. Member States may restrict equal treatment of applicants:

(i)     pursuant to point (b) of this paragraph, by excluding them from taking

part - in the management of bodies governed by public law and from holding an office governed by public law;


(ii) pursuant to point (c) of this paragraph, to education and vocational training which is directly linked to a specific employment activity;

(iii) pursuant to point (e) of this paragraph by excluding family benefits and unemployment benefits, without prejudice to Regulation (EU) No 1231/2010.

The right to equal treatment shall not give rise to a right to reside in cases where a decision taken in accordance with Regulation (EU) No XXX/XXX [Procedures

Regulation] has terminated the applicant's right

to remain.

*2013/33/EU

4.3.       Access to the labour market shall not be withdrawn during appeals procedures, where

an appeal against a negative decision in a regular procedure has suspensive effect, until such time as a negative decision on the appeal is notified.

.n,

5. Where applicants have been granted access to the labour market in accordance with

paragraph 1, Member States shall ensure that the applicant's document as referred to in Article of Regulation (EU) No XXX/XXX [Procedures Regulation] state that the applicant has permission to take up gainful employment.

*2013/33/EU (adapted)

Article 16

Vocational training

Member States may allow applicants access to vocational training irrespective of whether they have access to the labour market.

Access to vocational training relating to an employment contract shall depend on the extent to which the applicant has access to the labour market in accordance with Article 15.

^ 2013/33/EU (adapted) ^ new

Article 17 16

General rules on material reception conditions and health care

1. Member States shall ensure that material reception conditions are available

ent ^ they make their application for internatio Article of Regulation (EU) No XXX/XXX

appl icants w hen ^ from the moment ^ they make their application for international

protection          in accordance

[Procedures Regulation] <=■.

*2013/33/EU

2. Member States shall ensure that material reception conditions provide an adequate

standard of living for applicants, which guarantees their subsistence and protects their physical and mental health.

new

*2013/33/EU (adapted) ^ new

Member States shall ensure that that standard of living is met in the specific situation of vulnerable persons ■=> applicants with special reception needs^, in accordance with Article 21, as well as in relation to the situation of persons who are in detention.

3. Member States may make the provision of all or some of the material reception conditions and health care subject to the condition that applicants do not have sufficient means to have a standard of living adequate for their health and to enable their subsistence.

4. Member States may require applicants to cover or contribute to the cost of the material reception conditions and of the health care provided for in this Directive, pursuant to the provision of paragraph 3, if the applicants have sufficient resources, for example if they have been working for a reasonable period of time.

If it transpires that an applicant had sufficient means to cover material reception conditions and health care at the time when those basic needs were being covered,

Member States may ask the

applicant for a refund.

Q

5. When assessing the resources of an applicant, when requiring an applicant to cover

or contribute to the cost of the material reception conditions or when asking an applicant for a refund in accordance with paragraph 4, Member States shall observe the principle of proportionality. Member States shall also take into account the individual circumstances of the applicant and the need to respect his or her dignity or personal integrity, including the applicant's special reception needs. Member States shall in all circumstances ensure that the applicant is provided with a standard of living which guarantees his or her subsistence and protects his or her physical and mental health.

*2013/33/EU

^ new

6.5.       Where Member States provide material reception conditions in the form of financial

allowances or vouchers, the amount thereof shall be determined on the basis of the level(s) established by the Member State concerned either by law or by the practice to ensure adequate standards of living for nationals. Member States may grant less

new

favourable treatment to applicants compared with nationals in this respect, in particular where material support is partially provided in kind or where those level(s), applied for nationals, aim to ensure a standard of living higher than that prescribed for applicants under this Directive. ^ Member States shall inform the Commission and the European Union Agency for Asylum of the levels of reference applied by national law or practice with a view to determining the level of financial

assistance provided to applicants in accordance with this paragraph.


*2013/33/EU (adapted)

[=>

Article 18 17

Modalities

for material reception conditions

1.

Where housing is provided in kind, it shoul d E/ shall nS ^ supply an adequate

(a)

(b) (c)

ard of living and ^ take one or a combination of the following forms:

premises used for the purpose of housing applicants during the examination of an application for international protection made at the border or in transit zones;

accommodation centres which guarantee an a d eq uate standard of living;

private houses, flats, hotels or other premises adapted for housing applicants.

*2013/33/EU

2. Without prejudice to any specific conditions of detention as provided for in Articles

10 and 11, in relation to housing referred to in paragraph 1(a), (b) and (c) of this Article Member States shall ensure that:

(a)     applicants are guaranteed protection of their family life;

(b)     applicants have the possibility of communicating with relatives, legal advisers or counsellors, persons representing UNHCR and other relevant national, international and non-governmental organisations and bodies;

(c)     family members, legal advisers or counsellors, persons representing UNHCR and relevant non-governmental organisations recognised by the Member State concerned are granted access in order to assist the applicants. Limits on such access may be imposed only on grounds relating to the security of the premises and of the applicants.


*2013/33/EU

^ new

3. Member States shall take into consideration gender and age-specific concerns and the

situation of vulnerable persons in relation to applican needs when providing material reception conditions accommodation centres referred to in paragraph 1(a) and

situation of vuln erable persons in re lation to applicants ^ with special reception needs when providing material reception conditions ^ w ithin the pr emises and

4. Member States

shall take appropriate measures to prevent assault and gender-based violence,         including        sexual         assault        and         harassment        ^ when         providing

accommodation ^ paragraph 1(a) and

within the premises and accommodation centres referred to in

*2013/33/EU

5. Member States shall ensure, as far as possible, that dependent adult applicants with special reception needs are accommodated together with close adult relatives who are already present in the same Member State and who are responsible for them whether by law or by the practice of the Member State concerned.

6. 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 or counsellors of the transfer and of their new address.

*2013/33/EU

^ new

7. Persons ^ providing material reception conditions, including those ^ working in

accommodation centres, shall be adequately trained and shall be bound by the confidentiality rules provided for in national law in relation to any information they obtain in the course of their work.

*2013/33/EU

8. Member States may involve applicants in managing the material resources and non-

material aspects of life in the centre through an advisory board or council representing residents.

9.

In duly justified cases, Member States may exceptionally set modalities for material reception conditions different from those provided for in this Article, for a reasonable period which shall be as short as possible, when:

(a) an assessment of the specific needs of the applicant is required, in accordance with Article 22 21;

(b)

housing capacities normally available are temporarily exhausted.

*2013/33/EU (adapted)

■=>

Such different conditions shall in any event E/ circumstances nS cover basic needs


ensure access to health care in accordance

with Article 18 and

a dignified standard

of living for all applicants


U>

When resorting to those exceptional measures, the Member State concerned shall inform the Commission and the European Union Agency for Asylum. It shall also

inform the

Commission

and the

European Union Agency for Asylum

as soon as the

reasons for applying these exceptional measures have ceased to exist.

Article 17a

Reception conditions in a Member State other than the one in which the applicant is

required to be present

1. An applicant shall not be entitled to the reception conditions set out in Articles 14 to

17 in any Member State other than the one in which he or she is required to be present in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation].

2.

Member States shall ensure

a dignified standard of living for all applicants.

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.

new

new

*2013/33/EU (adapted)

■=>

Article 19 18

1.

Health care

Member States shall ensure that applicants 'W irrespective of where they are required to be present in accordance with Regulation (EU) No XXX/XXX [Dublin receive the necessary health care which shall include, at least,

Regulation],^

emergency care and essential treatment of illnesses and mental disorders.


including


of serious

*2013/33/EU

2. Member States shall provide necessary medical or other assistance to applicants who

have special reception needs, including appropriate mental health care where needed.

*2013/33/EU (adapted)

i=>

CHAPTER III

\E> REPLACEMENT, O REDUCTION OR WITHDRAWAL OF MATERIAL

RECEPTION CONDITIONS

\E> Replacement, O Reduction or withdrawal of material reception

conditions

1. ^ With regard to applicants who are required to be present on their territory in

accordance with Regulation (EU) No XXX/XXX [Dublin Regulation], ^ Member

States may


in the situations described

in paragraph 2 ^:

Q

replace accommodation, food, clothing and other essential non-food items provided in the form of financial allowances and vouchers, with material reception conditions provided in kind; or

new


a

*2013/33/EU (adapted) ^ new

(b)         reduce or, in exceptional and duly justified cases, withdraw m ater ial reception

conditions ^ the daily allowances. ^

2. \S> Paragraph 1 applies O where an applicant:

(a) (b)

abandons the place of residence determined by the competent authority without informing it or, if requested, without permission ^, or absconds ^; or

does not comply with reporting duties or with requests to provide information or to appear for personal interviews concerning the asylum procedure during a reasonable period laid down in national aw; or

(c) has lodged a subsequent application as defined in Article [4(2)(i)] of Directive 2013/32/EU Regulation (EU) No XXX/XXX [Procedures Regulation]; or

\Z>(d)

has concealed financial resources, and has therefore unduly benefited from

material reception conditions; or nS

Q

(e) has seriously breached the rules of the accommodation centre or behaved in a seriously violent way; or

(f)      fails to attend compulsory integration measures; or

(g)     has not complied with the obligation set out in Article [4(1)] of Regulation (EU) No XXX/XXX [Dublin Regulation] and has travelled to another Member State without adequate justification and made an application there; or

(h) has been sent back after having absconded to another Member State.

*2013/33/EU (adapted) ^ new

In relation to casesB? points nS (a) and (b), when the applicant is traced or voluntarily reports to the competent authority, a duly motivated decision, based on the reasons for the disappearance, shall be taken on the reinstallation of the grant of some or all of the material reception conditions ^ replaced, ^ withdrawn or reduced.

Member States may also reduce material reception conditions when they can establish that the applicant, for no justifiable reason, has not lodged an application for international protection as soon as reasonably practicable after arrival in that Member State.

new

Member States may reduce or withdraw material reception conditions where an applicant has concealed financial resources, and has therefore unduly benefited from material reception conditions.

Member States may determine sanctions applicable to serious breaches of the rules of the accommodation centres as well as to seriously violent behaviour.

3.5.               Decisions for ^ replacement, ^ reduction or withdrawal of material reception conditions or sanctions referred to in paragraphs 1, 2, 3 and 4 of this Article shall be taken individually, objectively and impartially E/ on the merits of the individual case nS and reasons shall be given. Decisions shall be based on the particular situation of the person concerned, especially with regard to per sons cover ed by Article 21 ^applicants with special reception needs ^, taking into account the principle of proportionality. Member States shall under all circumstances ensure access to health care in accordance with Article 19 18 and shall ensure a dignified standard of living for all applicants.

4.6.               Member States shall ensure that material reception conditions are not ^ replaced, ^ withdrawn or reduced before a decision is taken in accordance with paragraph 3 5.

CHAPTER IV

PROVISIONS FOR VULNERABLE PERSONS \E> APPLICANTS WITH SPECIAL

RECEPTION NEEDS O

Article 21 20

\E> Applicants with special reception needs<S] General prin ciple

Member States shall take into account the specific situation of ^ applicants with special reception needs ^ vulnerable persons such as minors, un acc om pan ie d minors, disabled people, elderly people, pregnant women, singl e par ents 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 psychol ogic al , physical or sexual violence, such as victims of female gen ital m uti la tion in the national law implementing this Directive.

Assess ment of the speci al reception needs of vulnerable persons

1. In order to effectively implement Article 21 20, Member States shall

*-$ systematically ^ assess whether the applicant is an applicant with special reception needs. Member States shall also indicate the nature of such needs.

That assessment shall be initiated ^ as early as possible ^ withi n a reasonable per iod o time after an application for international protection is made and may be integrated into existing national procedures ^ or into the assessment referred to in

Article of Regulation (EU) No XXX/XXX [Procedures Regulation]^. Member States shall ensure that those special reception needs are also addressed, in accordance with the pro visi ons o this Directive, if they become apparent at a later stage in the asylum procedure.

*2013/33/EU

Member States shall ensure that the support provided to applicants with special reception needs in accordance with this Directive takes into account their special reception needs throughout the duration of the asylum procedure and shall provide for appropriate monitoring of their situation.

.Q,

2. For the purposes of paragraph 1, Member States shall ensure that the personnel of the

authorities referred to in Article 26:

(a)     are trained and continues to be trained to detect first signs that an applicant requires special receptions conditions and to address those needs when identified;

(b)     include information concerning the applicant's special reception needs in the applicant's file, together with the indication of the signs referred to in point (a) as well as recommendations as to the type of support that may be needed by the applicant;

(c)

refer applicants to a doctor or a psychologist for further assessment of their psychological and physical state where there are indications that applicants may have been victim of torture, rape or of another serious form of psychological, physical or sexual violence and that this could affect the reception needs of the applicant; and

(d) take into account the result of that examination when deciding on the type of special reception support which may be provided to the applicant.

*2013/33/EU

^ new

new

3.2.       The assessment referred to in paragraph 1 need not take the form of an administrative

procedure.

*-$ applicants with special

4.3.           Only vulnerable persons in accordance with Article 21

reception needs ^ may be considered to have special reception needs and thus benefit from the specific support provided in accordance with this Directive.

*2013/33/EU

5.4.       The assessment provided for in paragraph 1 shall be without prejudice to the

assessment of international protection needs pursuant to Directive 2011/95/EU Regulation (EU) No XXX/XXX [Qualification Regulation].

Article 23 22

Minors

1. The best interests of the child shall be a primary consideration for Member States when implementing the provisions of this Directive that involve minors. Member States shall ensure a standard of living adequate for the minor’s physical, mental, spiritual, moral and social development.

2. In assessing the best interests of the child, Member States shall in particular take due account of the following factors:

(a)     family reunification possibilities;

(b)     the minor’s well-being and social development, taking into particular consideration the minor’s background;

(c)     safety and security considerations, in particular where there is a risk of the minor being a victim of human trafficking;

(d)     the views of the minor in accordance with his or her age and maturity.

3. Member States shall ensure that minors have access to leisure activities, including play and recreational activities appropriate to their age within the premises and accommodation centres referred to in Article 18 17(1)(a) and (b) and to open-air activities.

4. Member States shall ensure access to rehabilitation services for minors who have been victims of any form of abuse, neglect, exploitation, torture or cruel, inhuman and degrading treatment, or who have suffered from armed conflicts, and ensure that appropriate mental health care is developed and qualified counselling is provided when needed.

*2013/33/EU (adapted)

5. Member States

shall ensure that minor children of applicants or applicants who are

their unmarried minor siblings

minors are lodged with their parents, their unm ar ri ed minor siblings or with the adult responsible for the m E/ and their unmarried minor siblings nS whether by law or by the practice of the Member State concerned, provided it is in the best interests of the m inors concerned.

46. Those working ^ with minors, including ^ with unaccompanied minors, ^

and shall conti nue to receive E/ continuous and nS appropriate training concerning ^ the rights and ^ their needs ^ of unaccompanied minors, including concerning any applicable child safeguarding standards ^ , and shall be bound by the confidentiality rules provided for in national law, in relation to any information they obtain in the course of their work.

*2013/33/EU (adapted) ^ new

Article 24 23

Unaccompanied minors

1. Member States shall as soon as possible ^ and no later than five working days from

the moment when an unaccompanied minor makes an application for international protection ^ take measures to ensure that a E)guardian nS representative represents and assists the unaccompanied minor to enable him or her to benefit from the rights and comply with the obligations provided for in this Directive. ^ The guardian appointed in accordance with Article of Regulation (EU) No XXX/XXX [Procedures Regulation] may perform those tasks. ^ The unaccompanied minor shall be informed immediately of the appointment of the E/ guardian nS representative. E/ Where an organisation is appointed as guardian, it shall designate a person responsible for carrying out the duties of guardian in respect of the unaccompanied minor, in accordance with this Directive. nS The E/ guardian nS representative shall perform his or her duties in accordance with the principle of the best interests of the child, as prescribed in Article 22 23 (2), and shall have the necessary expertise to that end ^ and shall not have a verified record of chi ld - related crimes or offences ^. Ill Order tO eilSUre the minOr’S Well-being and social development referred to in Article 22 23 (2) (b), the person acting as E/ guardian nS representative shall be changed only when necessary. Organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be eligible to becom e ^ appointed as guardians ^ representatives.

shall

not have a verified record of chi ld - re lated crimes or offenses and V11 shall have had

Regular assessments shall be made by the appropriate authorities, including as regards the availability of the necessary means for representing the unaccompanied

.n,

Member States shall ensure that a guardian is not placed in charge of a disproportionate number of unaccompanied minors at the same time that would render him or her unable to perform his or her tasks effectively. Member States shall appoint entities or persons responsible for monitoring at regular intervals that guardians perform their tasks in a satisfactory manner. Those entities or persons shall also have the competence to review complaints lodged by unaccompanied minors against their guardian.

*2013/33/EU

2. Unaccompanied minors who make an application for international protection shall,

from the moment they are admitted to the territory until the moment when they are obliged to leave the Member State in which the application for international protection was made or is being examined, be placed:

(a)     with adult relatives;

(b)     with a foster family;

(c)     in accommodation centres with special provisions for minors;

(d)

in other accommodation suitable for minors.

Member States may place unaccompanied minors aged 16 or over in accommodation centres for adult applicants, if it is in their best interests, as prescribed in Article 22

23(2).

As far as possible, siblings shall be kept together, taking into account the best interests of the minor concerned and, in particular, his or her age and degree of maturity. Changes of residence of unaccompanied minors shall be limited to a minimum.

3. Member States shall start tracing the members of the unaccompanied minor’s family,

where necessary with the assistance of international or other relevant organisations, as soon as possible after an application for international protection is made, whilst protecting his or her best interests. In cases where there may be a threat to the life or integrity of the minor or his or her 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.

minor.

new

*2013/33/EU

^ new

Article 25 24

Victims of torture

and violence

1. Member States shall ensure that persons who have been subjected to ^ gender-based

harm, ^ torture, rape or other serious acts of violence receive the necessary treatment for the damage caused by such acts, in particular access to appropriate medical and psychological treatment or care.

*2013/33/EU

2. Those working with victims of torture, rape or other serious acts of violence shall

have had and shall continue to receive appropriate training concerning their needs, and shall be bound by the confidentiality rules provided for in national law, in relation to any information they obtain in the course of their work.

*2013/33/EU

^ new

CHAPTER V APPEALS

Article 26 25

Appeals

1. Member States shall ensure that decisions relating to the granting, ^ replacement ^

withdrawal or reduction of benefits under this Directive or decisions taken under Article 7 which affect applicants individually may be the subject of an appeal within the procedures laid down in national law. At least in the last instance the possibility of an appeal or a review, in fact and in law, before a judicial authority shall be granted.

*2013/33/EU

2. In cases of an appeal or a review before a judicial authority referred to in paragraph 1, Member States shall ensure that free legal assistance and representation is made available on request in so far as such aid is necessary to ensure effective access to justice. This shall include, at least, the preparation of the required procedural documents and participation in the hearing before the judicial authorities on behalf of the applicant.

Free legal assistance and representation shall be provided by suitably qualified persons, as admitted or permitted under national law, whose interests do not conflict or could not potentially conflict with those of the applicant.

3. Member States may also provide that free legal assistance and representation are granted:

(a)     only to those who lack sufficient resources; and/or

(b)     only through the services provided by legal advisers or other counsellors specifically designated by national law to assist and represent applicants.

Member States may provide that free legal assistance and representation not be made available if the appeal or review is considered by a competent authority to have no tangible prospect of success. In such a case, Member States shall ensure that legal assistance and representation is not arbitrarily restricted and that the applicant’s effective access to justice is not hindered.

4. Member States may also:

(a)     impose monetary and/or time limits on the provision of free legal assistance and representation, provided that such limits do not arbitrarily restrict access to legal assistance and representation;

(b)     provide that, as regards fees and other costs, the treatment of applicants shall not be more favorable than the treatment generally accorded to their nationals in matters pertaining to legal assistance.

5. Member States may demand to be reimbursed wholly or partially for any costs granted if and when the applicant’s financial situation has improved considerably or if the decision to grant such costs was taken on the basis of false information supplied by the applicant.

6. Procedures for access to legal assistance and representation shall be laid down in national law.

CHAPTER VI ACTIONS TO IMPROVE THE EFFICIENCY OF THE RECEPTION SYSTEM

Article 27 26

Competent authorities

Each Member State shall notify the Commission of the authorities responsible for fulfilling the obligations arising under this Directive. Member States shall inform the Commission of any changes in the identity of such authorities.

*2013/33/EU

^ new

Article 28 27

Guidance, monitoring and control system

1. Member States shall, with due respect to their constitutional structure, put in place

relevant mechanisms in order to ensure that appropriate guidance, monitoring and control of the level of reception conditions are established. ^ Member States shall take into account [operational standards on reception conditions and indicators developed by the European Asylum Support Office / the European Union Agency for Asylum] and any other reception conditions operational standards, indicators or guidelines established in accordance with Article of Regulation (EU) No XXX/XXX [Regulation on the European Union Agency for Asylum] . <=■

2. Member States shall submit relevant information to the Commmmion in the form set

out in Annex I, by 20 July 2016 at the latest. O Member States' reception systems shall be monitored and assessed in accordance with the procedure set out in [Chapter 5] of Regulation (EU) No XXX/XXX [Regulation on the European Union Agency for Asylum]. ^

Q

Article 28

Contingency planning


1. Each Member State shall draw up a contingency plan setting out the planned

measures to be taken to ensure an adequate reception of applicants in accordance with this Directive in cases where the Member State is confronted with a disproportionate number of applicants for international protection. The applicants for international protection are to be understood as those required to be present on its territory, including those for whom the Member State is responsible in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation], taking into account the corrective allocation mechanism outlined in Chapter VII of that Regulation.

2. The first contingency plan shall be completed, using a template to be developed by

the European Union Agency for Asylum, and shall be notified to the European Union Agency for Asylum at the latest by [6 months after entry into force of this Directive]. An updated contingency plan shall be notified to the European Union Agency for Asylum every two years thereafter. The Member States shall inform the Commission and the European Union Agency for Asylum whenever its contingency plan is activated.

3. The contingency plans, and in particular the adequacy of the measures taken

according to the plans, shall be monitored and assessed in accordance with the procedure set out in [Chapter 5] of Regulation (EU) No XXX/XXX [Regulation on the European Union Agency for Asylum].

*2013/33/EU (adapted) ^ new

Article 29

Staff and resources

1. Member States shall take appropriate measures to ensure that authorities and other organisations implementing this Directive have received the necessary basic trainin g with respect to the needs of both male and female applicants. ^ To that end, Member States shall integrate the European asylum curriculum developed by the European Union Agency for Asylum into the training of their personnel in accordance with Regulation (EU) No XXX/XXX [Regulation on the European Union Agency for Asylum].<^

2. Member States shall allocate the necessary resources in connection with the national law implementing this Directive.

CHAPTER VII FINAL PROVISIONS

Article 30

Reports|X> Monitoring and evaluation O

By 20 July 2017 ■=> [three years after the entry into force of this Directive] <=■ at the latest, S>and at least every fiv e years th ereafter, <3 th e Com m iss i on shall É> present a <3 report to the European Parliament and the Council on the application of this Directive and shall propose any amendments that are necessary.

Member States shall ■=> at the request of the Commission <=■ send the Commmmmmion all the

E/ necessary nS information that is appr opr ate for drawing up the report by 20 July 2016 l=^ [two years after the entry into force of this Directive] and every five years thereafter ^.

After presenting the first report, the Commmmmmion shall report to the European Parlia m ent and

the Council on the application of this Directive at least every five years.

Article 31

Transposition

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Articles 1 to 12, 14 to 28 and 30 and Annex I E> 1 to 8, 11, 15 to 25 and 27 to 30 <3 by 20 July 2015 E> [6 months after the entry into force of this Directive] nS at the latest. They shall forthwith E/ imm ediately nS communicate to the Co mm ission the text of those measures E/ to the Commission <3.

When Member States adopt those measures E/ provisions nS , they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. They shall also include a statement that references in existing laws, regulations and admini strative provisions to the dDirective repealed by this Directive shall be construed as references to this Directive. Member States shall determine how such reference is to be made and how that statement is to be form ulated.

2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 32

Repeal

Directive 2003/9/EC E> 2013/33/EU O is repealed, for the Member States bound by this Directive, with effect from 21 July 2015 E/ [the day after the date in the first subparagraph of Article 31(1)] \3, without prejudice to the obligations of the Member States relating to the time-limit for transposition into national law of the Directive set out in Annex I II , Part B.

References to the repealed Directive shall be construed as references to this Directive

to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table E/ set

out O in Annex IIIII.

Article 33

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Articles 13 and 29 shall apply from 21 July 2015.

Article 34

Addressees

This Directive is addressed to the Member States in accordance with the Treaties.