1.
Concerning the special reception needs of vulnerable persons, the European Parliament insists
on deleting in Article 22 the word "concerned". The Parliament fears that this word could
result in Member States limiting assessments on special reception needs. In this context also
recital (14) is modified so as to refer to the reception of "persons with special reception
needs" instead of to "groups with special reception needs".
In return, the Parliament would be able to accept in Article 22 a new paragraph 2 which
specifies that the assessment needs not take the form of an administrative procedure, as well
as that the assessment needs to be executed "within a reasonable period of time after an
application for international protection". Moreover, the Parliament could accept the Council
text for Article 11(1) on detention of vulnerable persons as well as the provision in Article
11(2) that unaccompanied minors "shall only be detained in exceptional circumstances" not
insisting anymore that unaccompanied minors shall never be detained.
2.
Concerning the provisions on detention, the package contains compromises on provisions
regarding grounds for detention, the review of a detention order and the detention of
applicants for asylum and other third country nationals.
-
As regards the detention grounds contained in Article 8(3)(d), the first ground on
persons that apply for asylum after having been apprehended for illegal stay would be
deleted while the second ground would be further specified in two ways, firstly, that
removal must be done under the Return Directive and, secondly, that Member States
must substantiate on the basis of objective criteria that reasonable ground exist to
believe that the applicant only makes the application to frustrate removal. In this
context, the Presidency notes that the word "already" is deleted for the phrase "when
he/she is already detained subject to a return procedure".
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-
On the basis of the compromise on Article 9(2) concerning the review of the detention
order made by administrative authorities, Member States are allowed a judicial review
ex officio and/or on the request of the applicant for asylum. With a view to underlining
that the applicant has a right to an effective remedy, the provision in paragraph 3
requiring a Member State to immediately inform an applicant about the reasons for
detention, the procedures for challenging the detention order and the possibility to
request free legal assistance and representation, is transferred to paragraph 2. In addition
it is specified that this information needs to be given in writing.
-
As regards Article 10(1), the Parliament would be able to accept that applicants for
asylum in detention shall be "as far as possible" accommodated separately from other
third country nationals.
3.
Concerning Article 15 on access to the labour market, the Parliament would be ready to
accept the Council text with as only amendment an access period of 9 months instead of 12
months. Moreover, the Parliament would accept not to refer in recital (19) to the examination
period laid down in the Asylum Procedures Directive.
4.
Article 20 on reduction or withdrawal of material reception conditions and the corresponding
recital (21) would remain as presented to the Committee of Permanent Representatives on 21
June.
5.
The Parliament would be able to accept inserting the phrase "in so far as such aid is necessary
to ensure effective access to justice" in Article 26(2).
6.
Parliament would be able to accept the Council text on monitoring and reporting laid down in
Article 28 and the Annex giving up on more frequent and more extensive reporting
obligations.
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Conclusion
The Presidency is convinced that the compromise suggestions which result from the fifth trilogue is
a balanced package that deserves the support of Council, in particular in light of the European
Council's commitment to establish a Common European Asylum System by 2012. Against that
background, the Presidency invites the Committee of Permanent Representatives to examine the
compromise package with a view to mandating him to inform the representatives of the European
Parliament that the Council can give its endorsement. Provided that the LIBE Committee also
supports the package, the LIBE Chair will then be in a position to inform the Chair of the
Committee of Permanent Representatives that he will recommend that the Council Position in first
reading be accepted without amendments in Parliament's second reading.
________________________
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ANNEX
Amended proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL laying down standards for the reception of asylum seekers (Recast)
The columns of the table reflect respectively:
1. the amended Commission proposal of 7 June 2011.
2. the "European Parliament's additional considerations" which are based upon its first reading
position on the initial Commission proposal and the amendments of the approach of the LIBE
rapporteur and the shadow rapporteurs on the amended Commission proposal. The differences
between the EP additional considerations and the amended Commission proposal are indicated
in
bold italics whereby lawyer-linguistic changes are indicated in
italics only.
3. the Council position on the amended Commission proposal as endorsed by the Committee of
Permanent Representatives on 21 March 2012. New text is indicated by underlining the
insertion and including it within Council tags: ; deleted text is indicated within underlined
square brackets as follows: […]
.
4. the compromise package resulting from the fifth trilogue on 27 June 2012 (changes to the
Council Position are indicated in
bold).
________________________
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Amended proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL laying down standards for the reception of
asylum seekers (Recast)
Commission Proposal
EP text
Council Position
Compromise package
revised Com proposal (doc 11214/11)
resulting from 5th trilogue
2008/0244 (COD)
2008/0244 (COD)
Identical
Amended proposal for a
Amended proposal for a
DIRECTIVE OF THE EUROPEAN
DIRECTIVE OF THE EUROPEAN
PARLIAMENT AND OF THE
PARLIAMENT AND OF THE
COUNCIL
COUNCIL
laying down standards for the
reception of asylum seekers
laying down minimum standards for
the reception of asylum seekers
(Recast)
(Recast)
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link to page 7 link to page 7 link to page 7 link to page 7
Identical
THE EUROPEAN PARLIAMENT THE EUROPEAN
THE EUROPEAN PARLIAMENT
AND THE COUNCIL OF THE PARLIAMENT AND THE
AND THE COUNCIL OF THE
EUROPEAN UNION,
COUNCIL OF THE
EUROPEAN UNION,
Having regard to the Treaty on the
EUROPEAN UNION,
Having regard to the Treaty on the
Functioning of the European Union, and Having regard to the Treaty on Functioning of the European
in particular point 2(f) of
the Functioning of the Union, and in particular point
Article 78 thereof,
European Union, and in 2(f) of Article 78 thereof,
Having regard to the proposal from the particular point 2(f) of Article Having regard to the proposal from
European Commission,
78 thereof,
the European Commission,
Having regard to the opinion of the Having regard to the proposal Having regard to the opinion of the
European Economic and Social
from the European
European Economic and Social
Committee
1,
Commission,
Committee
3,
Having regard to the opinion of the Having regard to the opinion Having regard to the opinion of the
Committee of the Regions
2,
of the European Economic and
Social Committee,
Committee of the Regions
4,
Acting in accordance with the ordinary Having regard to the opinion Acting in accordance with the
1
OJ C , , p. .
2
OJ C , , p. .
3
OJ C , , p. .
4
OJ C , , p. .
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link to page 8 link to page 8
legislative procedure,
of the Committee of the ordinary legislative procedure,
Regions,
Whereas:
Acting in accordance with the Whereas:
ordinary legislative procedure,
Whereas:
(1)
A number of substantive changes (1)
A number of
(1)
A number of substantive Identical
are to be made to Council
substantive changes are
changes are to be made to
Directive 2003/9/EC of 27
to be made to Council
Council Directive 2003/9/EC
January 2003 laying down
Directive 2003/9/EC of
of 27 January 2003 laying
minimum standards for the
27 January 2003 laying
down minimum standards for
reception of asylum seekers
1. In
down minimum the reception of asylum
the interests of clarity, that
standards for the
seekers
2. In the interests of
Directive should be recast.
reception of asylum
clarity, that Directive should be
seekers. In the interests
recast.
of clarity, that Directive
should be recast.
(2)
A common policy on asylum, (2)
A common policy on (2)
A common policy on asylum, Identical
including a Common European
asylum, including a
including a Common European
Asylum System, is a constituent
Common European
Asylum System, is a
part of the European Union's
Asylum System, is a
constituent part of the
objective of progressively
constituent part of the
European Union's objective of
establishing an area of freedom,
European Union's progressively establishing an
security and justice open to those
objective of
area of freedom, security and
who, forced by circumstances,
progressively
justice open to those who,
1
OJ L 31, 6.2.2003, p. 18.
2
OJ L 31, 6.2.2003, p. 18.
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legitimately seek protection in the
establishing an area of
forced by circumstances,
European Union
freedom, security and
legitimately seek protection in
Community. It should be
justice open to those
the European Union
governed by the principle of
who, forced by
Community. It should be
solidarity and fair sharing of
circumstances,
governed by the principle of
responsibility, including its
legitimately seek solidarity and fair sharing of
financial implications, between
protection in the
responsibility, including its
the Member States.
European Union. It
financial implications, between
should be governed by
the Member States.
the principle of
solidarity and fair
sharing of
responsibility,
including its financial
implications, between
the Member States.
(3)
At its special meeting in Tampere (3)
At its special meeting (3)
At its special meeting in Identical
on 15 and 16 October 1999, the
in Tampere on 15 and
Tampere on 15 and 16 October
European Council agreed to work
16 October 1999, the
1999, the European Council
towards establishing a Common
European Council
agreed to work towards
European Asylum System, based
agreed to work towards
establishing a Common
on the full and inclusive
establishing a Common
European Asylum System,
application of the Geneva
European Asylum based on the full and inclusive
Convention relating to the Status
System, based on the
application of the Geneva
of Refugees of 28 July 1951, as
full and inclusive
Convention relating to the
supplemented by the New York
application of the
Status of Refugees of 28 July
Protocol of 31 January 1967, thus
Geneva Convention
1951, as supplemented by the
maintaining the principle of non-
relating to the Status of
New York Protocol of 31
refoulement. The first phase of
Refugees of 28 July
January 1967, thus maintaining
a Common European Asylum
1951, as supplemented
the principle of non-
System was achieved through the
by the New York
refoulement. The first phase
adoption of relevant legal
Protocol of 31 January
of a Common European
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instruments foreseen in the
1967, thus maintaining
Asylum System was achieved
Treaties, including Directive
the principle of non-
through the adoption of
2003/9/EC.
refoulement. The first
relevant legal instruments
phase of a Common
foreseen in the Treaties,
European Asylum including Directive
System was achieved
2003/9/EC.
through the adoption of
relevant legal
instruments foreseen in
the Treaties, including
Directive 2003/9/EC.
The Tampere Conclusions
The Tampere Conclusions
provide that a Common
provide that a Common
European Asylum System
European Asylum System
should include, in the short
should include, in the short
term, common minimum
term, common minimum
conditions of reception of
conditions of reception of
asylum seekers.
asylum seekers.
The establishment of minimum
The establishment of
standards for the reception of
minimum standards for the
asylum seekers is a further step
reception of asylum seekers is
towards a European asylum
a further step towards a
policy.
European asylum policy.
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(4)
The European Council, at its (4)
The European Council, (4)
The European Council, at its Identical
meeting of 4 November 2004,
at its meeting of 4
meeting of 4 November 2004,
adopted The Hague Programme
November 2004, adopted The Hague
which set the objectives to be
adopted The Hague
Programme which set the
implemented in the area of
Programme which set
objectives to be implemented
freedom, security and justice in
the objectives to be
in the area of freedom, security
the period 2005-2010. In this
implemented in the area
and justice in the period 2005-
respect, The Hague Programme
of freedom, security
2010. In this respect, The
invited the European Commission
and justice in the period
Hague Programme invited the
to conclude the evaluation of the
2005-2010. In this
European Commission to
first-phase instruments and to
respect, The Hague
conclude the evaluation of the
submit the second-phase
Programme invited the
first-phase instruments and to
instruments and measures to the
European Commission
submit the second-phase
Council and the European
to conclude the
instruments and measures to
Parliament.
evaluation of the first-
the Council and the European
phase instruments and
Parliament.
to submit the second-
phase instruments and
measures to the Council
and the European
Parliament.
(5)
The European Council at its (5)
The European Council (5)
The European Council at its Identical
meeting of 10-11 December 2009
at its meeting of 10-11
meeting of 10-11 December
adopted the Stockholm
December 2009 2009 adopted the Stockholm
programme which reconfirmed
adopted the Stockholm
programme which reconfirmed
the commitment to establishing a
programme which the commitment to establishing
common area of protection and
reconfirmed the a common area of protection
solidarity based on a common
commitment to and solidarity based on a
asylum procedure and a uniform
establishing a common
common asylum procedure and
status for those granted
area of protection and
a uniform status for those
international protection based on
solidarity based on a
granted international protection
high protection standards and fair
common asylum based on high protection
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link to page 12 link to page 12
and effective procedures by 2012.
procedure and a
standards and fair and effective
The Stockholm Programme
uniform status for those
procedures by 2012. The
further provides that it is crucial
granted international
Stockholm Programme further
that individuals, regardless of the
protection based on
provides that it is crucial that
Member State in which their
high protection individuals, regardless of the
application for asylum is made,
standards and fair and
Member State in which their
are offered an equivalent level of
effective procedures by
application for asylum is made,
treatment as regards reception
2012. The Stockholm
are offered an equivalent level
conditions.
Programme further
of treatment as regards
provides that it is
reception conditions.
crucial that individuals,
regardless of the
Member State in which
their application for
asylum is made, are
offered an equivalent
level of treatment as
regards reception
conditions.
(6)
The resources of the European (6)
The resources of the (6)
The resources of the European Identical
Refugee Fund and of the
European Refugee
Refugee Fund and of the
European Asylum Support
Fund and of the
European Asylum Support
Office, established by Regulation
European Asylum Office,
established by
(EU) No 439/2010 of the
Support Office, Regulation (EU) No 439/2010
European Parliament and of the
established by of the European Parliament
Council
1, should be mobilised to
Regulation (EU) No
and of the Council
2, should be
provide adequate support to the
439/2010 of the
mobilised to provide adequate
Member States' efforts relating to
European Parliament
support to the Member States'
the implementation of the
and of the Council,
efforts relating to the
1
OJ L 132, 29.5.2010, p.11.
2
OJ L 132, 29.5.2010, p.11.
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standards set in the second phase
should be mobilised to
implementation of the
of the Common European
provide adequate standards set in the second
Asylum System, in particular to
support to the Member
phase of the Common
those Member States which are
States' efforts relating
European Asylum System, in
faced with specific and
to the implementation
particular to those Member
disproportionate pressures on
of the standards set in
States which are faced with
their asylum systems, due in
the second phase of the
specific and disproportionate
particular to their geographical or
Common European
pressures on their asylum
demographic situation.
Asylum System, in
systems, due in particular to
particular to those
their geographical or
Member States which
demographic situation.
are faced with specific
and disproportionate
pressures on their
asylum systems, due in
particular to their
geographical or
demographic situation.
(6a) In order to cover
EP AM not included
improvements in
standards for the
reception of asylum
seekers there should be
a proportionate
increase in the funds
made available by the
European Union in
order to provide
adequate support for
the costs of such
improvements,
especially in the case
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of Member States
which are facing
specific and
disproportionate
pressures on their
asylum systems, due in
particular to their
geographical or
demographic situation.
(6b) Article 80 of the Treaty
EP AM not included
on the Functioning of
the European Union
provides that the
policies of the Union
set out in the Chapter
on border checks,
asylum and
immigration and their
implementation are to
be governed by the
principle of solidarity
and fair sharing of
responsibility,
including its financial
implications, between
the Member States,
and that, whenever
necessary, Union acts
under the said Chapter
are to contain
appropriate measures
to give effect to that
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principle.
(7)
In the light of the results of the (7)
In the light of the (7)
In the light of the results of the Identical
evaluations undertaken on the
results of the
evaluations undertaken on the
implementation of the first phase
evaluations undertaken
implementation of the first
instruments, it is appropriate, at
on the implementation
phase instruments, it is
this stage, to confirm the
of the first phase
appropriate, at this stage, to
principles underlying Directive
instruments, it is
confirm the principles
2003/9/EC with a view to
appropriate, at this
underlying Directive
ensuring improved reception
stage, to confirm the
2003/9/EC with a view to
conditions for asylum seekers.
principles underlying
ensuring improved reception
Directive 2003/9/EC
conditions for asylum seekers.
with a view to ensuring
improved reception
conditions for asylum
seekers.
(8)
In order to ensure equal treatment (8)
In order to ensure equal (8)
In order to ensure equal (8)
In order to ensure equal
of asylum seekers throughout the
treatment of asylum
treatment of asylum seekers
treatment of asylum
Union, this Directive should
seekers throughout the
throughout the Union, this
seekers throughout the
apply during all stages and types
Union, this Directive
Directive should apply
Union, this Directive
of procedures concerning
should apply during all
[…] as long as
should apply
during all
applications for international
stages and types of
applicants are allowed to
stages and types of
protection and in all locations and
procedures concerning
remain on the territory as
procedures
facilities hosting asylum seekers.
applications for asylum seekers.
concerning
international protection
applications for
and in all locations and
international
facilities hosting
protection and in all
asylum seekers.
locations and facilities
hosting asylum
seekers and. […]
as long as applicants
are allowed to remain
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on the territory as
asylum seekers.
(9)
Member States should seek to (9)
Member States should (9)
Member States should seek to Identical
ensure full compliance with the
seek to ensure full
ensure full compliance with the
principles of the best interests of
compliance with the
principles of the best interests
the child and the importance of
principles of the best
of the child and the importance
family unity, in the application of
interests of the child
of family unity, in the
this Directive, in line with the
and the importance of
application of this Directive, in
Charter of Fundamental Rights of
family unity, in the
line with the Charter of
the European Union, the 1989
application of this
Fundamental Rights of the
United Nations Convention on
Directive, in line with
European Union, the 1989
the Rights of the Child and the
the Charter of
United Nations Convention on
European Convention for the
Fundamental Rights of
the Rights of the Child and the
Protection of Human Rights and
the European Union,
European Convention for the
Fundamental Freedoms the 1989 United
Protection of Human Rights
respectively.
Nations Convention on
and Fundamental Freedoms
the Rights of the Child
respectively.
and the European
Convention for the
Protection of Human
Rights and
Fundamental Freedoms
respectively.
(10) With respect to the treatment of (10) With respect to the (10) With respect to the treatment Identical
persons falling within the scope
treatment of persons
of persons falling within the
of this Directive, Member States
falling within the scope
scope of this Directive,
are bound by obligations under
of this Directive,
Member States are bound by
instruments of international law
Member States are
obligations under instruments
to which they are party and which
bound by obligations
of international law to which
prohibit discrimination.
under instruments of
they are party and which
international law to
prohibit discrimination.
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which they are party.
(11) Minimum Sstandards for the (11) Standards for the
(11) Minimum Sstandards for the Identical
reception of asylum seekers that
reception of asylum
reception of asylum seekers
will normally suffice to ensure
seekers that will suffice
that will normally suffice to
them a dignified standard of
to ensure them a
ensure them a dignified
living and comparable living
dignified standard of
standard of living and
conditions in all Member States
living and comparable
comparable living conditions
should be laid down.
living conditions in all
in all Member States should be
Member States should
laid down.
be laid down.
(12) The harmonisation of conditions (12) The harmonisation of (12) The harmonisation of
Identical
for the reception of asylum
conditions for the
conditions for the reception of
seekers should help to limit the
reception of asylum
asylum seekers should help to
secondary movements of asylum
seekers should help to
limit the secondary movements
seekers influenced by the variety
limit the secondary
of asylum seekers influenced
of conditions for their reception.
movements of asylum
by the variety of conditions for
seekers influenced by
their reception.
the variety of
conditions for their
reception.
(13) In view of ensuring equal (13)
With a view
to ensuring (13) In view of ensuring equal 13)
With a view to In view
treatment amongst all applicants
equal treatment
among
treatment amongst all
of
ensuring
equal
for international protection as
all applicants for
applicants for international
treatment amongst all
well as in order to guarantee
international protection
protection as well as in order to
applicants for
consistency with current EU
as well as in order to
guarantee consistency with
international protection
asylum acquis
, in particular with
ensure consistency with
current EU asylum acquis
, in
as well as in order to
Directive […/…/EU] [the
current EU asylum
particular with
Directive
guarantee consistency
Qualification Directive], it is
acquis
, in particular
[…/…/EU] [the Qualification
with current EU asylum
appropriate to extend the scope of
with
Directive
Directive], it is appropriate to
acquis
, in particular
this Directive in order to include
2011/95/EU of the
extend the scope of this
with
Directive
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link to page 18
applicants for subsidiary
European Parliament
Directive in order to include
[…/…/EU] [the
protection.
and of the Council of
applicants for subsidiary
Qualification
13 December 2011 on
protection.
Directive],
it is
standards for the
appropriate to extend
qualification of third-
the scope of this
country nationals or
Directive in order to
stateless persons as
include applicants for
beneficiaries of
subsidiary protection.
international
protection, for a
uniform status for
refugees or for persons
eligible for subsidiary
protection, and for the
content of the
protection granted1, it
is appropriate to extend
the scope of this
Directive in order to
include applicants for
subsidiary protection.
(14) The immediate identification (14) The immediate
(14)
[…] Reception of groups (14)
[…] Reception of
and monitoring of persons
identification and Reception of groups with
groups Reception of
Reception of groups with special
monitoring of persons
special reception needs
groups persons with
reception needs should be
with special reception
should be a primary concern
special reception
a primary concern of national
needs should be a
of national authorities in order
needs should be a
authorities in order to ensure that
primary concern of
to ensure that their reception
primary concern of
their reception is specifically
national authorities in
is specifically designed to
national authorities in
designed to meet their
order to ensure that
meet
their
order to ensure that
special reception those needs.
their reception special reception
those
their reception
1 OJ L 337 of 20.12.2011, p. 9.
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conditions are
needs.
is specifically
specifically designed to
designed to meet
meet their special
their
reception needs.
special reception
those needs.
(15) Detention of asylum seekers (15) Detention of asylum (15)
Detention of asylum seekers (15)
Detention of asylum
should be applied in line with the
seekers should be
should be applied in line with
seekers should be
underlying principle that a person
applied in line with the
the underlying principle that a
applied in line with the
should not be held in detention
underlying principle
person should not be held in
underlying principle
for the sole reason that are
that a person should not
detention for the sole reason
that a person should not
seeking international protection,
be held in detention for
that are seeking international
be held in detention for
notably in accordance with
the sole reason that
protection, notably in
the sole reason that are
Article 31 of the Geneva
he/she is
seeking
accordance with Article 31 of
seeking international
Convention relating to the Status
international protection,
the Geneva Convention
protection, notably in
of Refugees of 28 July 1951. In
notably in accordance
relating to the Status of
accordance with
the
particular, Member States should
with
the international
Refugees of 28 July 1951.
international legal
not impose penalties on asylum
legal obligations of the
[…] Detention of
obligations of the
seekers on account of illegal
Member States, and
asylum seekers should only be
Member States, and
entry or presence and any
particularly Article 31
possible under very clearly
particularly Article 31
restrictions to movement should
of the Geneva
defined exceptional
of the Geneva
be necessary. In this respect,
Convention relating to
circumstances laid down in this
Convention relating to
detention of asylum seekers
the Status of Refugees
Directive
and subject to the
the Status of Refugees
should only be possible under
of 28 July 1951. In
principle of necessity and
of 28 July 1951.
very clearly defined exceptional
particular, Member
proportionality with regard
[…]
circumstances laid down in this
States should not
both to the manner and to the
Detention
of
Directive and subject to the
impose penalties on
purpose of such detention.
asylum seekers should
principle of necessity and
asylum seekers on
Where an asylum seeker is
only be possible under
proportionality with regard both
account of illegal entry
held in detention he/she should
very clearly defined
to the manner and to the purpose
or presence and any
be able to have effective access
exceptional
of such detention. Where an
restrictions
on
to the necessary procedural
circumstances laid
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asylum seeker is held in detention
movement should be
guarantees such as judicial
down in this Directive
he/she should be able to have
necessary. In this
remedy before a national court.
and subject to the
effective access to the necessary
respect, detention of
principle of necessity
procedural guarantees such as
asylum seekers should
and proportionality
judicial remedy before a national
only be possible under
with regard both to the
court.
very clearly defined
manner and to the
exceptional
purpose of such
circumstances laid
detention. Where an
down in this Directive
asylum seeker is held in
and subject to the
detention he/she should
principles of necessity
be able to have
and proportionality
effective access to the
with regard both to the
necessary procedural
manner and to the
guarantees such as
purpose of such
judicial remedy before
detention. Where
a national court.
asylum seekers are held
in detention
they should
be able to have
effective access to the
necessary procedural
guarantees such as
judicial remedy before
a national court.
(15a) With regards to
(15a) With regards to
administrative
administrative
procedures related to
procedures related to
the
grounds for
the grounds for
detention set out in
detention set out in
Article 8(3), the notion
Article 8(3), the
of 'due diligence' at
notion of 'due
least requires that
diligence' at least
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Member States take
requires that Member
concrete and
States take concrete
meaningful steps to
and meaningful steps
ensure that the time
to ensure that the time
needed to verify the
needed to verify the
grounds for detention
grounds for detention
is as short as possible,
is as short as possible,
and that a real
and that a real
prospect exists that
prospect exists that
such verification can
such verification can
be carried out
be carried out
successfully in the
successfully in the
shortest possible time
shortest possible time.
Detention shall not
exceed the time
reasonably needed to
complete the relevant
procedures
(15a)
The grounds for detention (15a)
The grounds for
set out in this Directive are
detention set out in this
without prejudice to other
Directive are without
grounds for detention
prejudice to other
applicable in the national legal
grounds for detention,
order unrelated to the third
including detention
country national’s or stateless
grounds in the
person’s application for
framework of
international protection.
criminal proceedings,
applicable in the
national legal order
unrelated to the third
country national’s or
stateless person’s
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application for
international
protection.
(16) Reception of aApplicants who are (16) Applicants who are in (16)
Reception of aApplicants who (16)
Reception of
in detention should be treated
detention should be
are in detention should be
aApplicants who are in
with full respect of human dignity
treated with full respect
treated with full respect of
detention should be
and their reception should be
for human dignity and
human dignity and their
treated with full respect
specifically designed to meet
their reception reception
should be
of human dignity and
their needs in that situation. In
conditions should be
specifically designed to meet
their reception
particular, Member States should
specifically designed to
their needs in that situation.
should be specifically
ensure that Article 37 of the 1989
meet their needs in that
In particular, Member States
designed to meet their
UN Convention on the Rights of
situation. In particular,
should ensure that Article 37 of
needs in that situation.
the Child is applied.
Member States should
the 1989 UN Convention on
In particular,
ensure
compliance with
the Rights of the Child is
Member States should
Article 37 of the 1989
applied.
ensure that Article 37
UN Convention on the
of the 1989 UN
Rights of the Child.
Convention on the
Rights of the Child is
applied.
[...]
Take Council text for recital
(17) There may be cases where it is
(17)
There may be cases where it is (17)
not possible in practice to
not possible in practice to
immediately ensure certain
immediately ensure certain
reception guarantees in detention,
reception guarantees in
for example due to the
detention, for example due to
geographic location or the
the geographic location or the
specific structure of the detention
specific structure of the
facility. However any derogation
detention facility. However
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to these guarantees should be of a
any derogation to these
temporary nature and applied
guarantees should be of a
only under the circumstances set
temporary nature and applied
out in this Directive. Derogations
only under the circumstances
should only be applied in
set out in this Directive.
exceptional circumstances; they
Derogations should only be
should be duly justified, taking
applied in exceptional
into consideration the
circumstances; they should be
circumstances of each case
duly justified, taking into
including the level of severity of
consideration the
the derogation applied, its
circumstances of each case
duration and its impact on the
including the level of severity
concerned individual.
of the derogation applied, its
duration and its impact on the
concerned individual.
(17a) In most cases
(17a) Detention of asylum
alternatives to
seekers should be a
detention are available
measure of last resort
which can better
and may be applied
ensure asylum seekers'
only after all non-
physical
and
custodial alternative
psychological integrity
measures to detention
and which are less
have been duly
costly for Member
examined in order to
States. Member States
better ensure the
shall lay down a
asylum seeker's
presumption against
physical and
detention of asylum
psychological
seekers into national
integrity. Any
law, leaving it as an
alternative measure to
option only to be taken
detention must
in the last resort, after
respect the
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all non-custodial
fundamental human
alternative measures to
rights of asylum
detention have been
seekers.
exhausted. Non-
custodial alternative
measures to detention
may include regular
reporting to the
authorities, deposit of
a financial guarantee,
obligation to stay at an
assigned residence,
and assignment to
community
supervision. Any
alternative measure to
detention must respect
the fundamental
human rights of
asylum seekers. Such
alternatives to
detention should be
further explored and
data should be made
available about
Member States'
current practices in
this regard.
(18) In order to ensure compliance (18) In order to ensure (18) In order to ensure compliance EP suggestions for linguistic
with the minimum procedural
compliance with the
with the minimum procedural
guarantees consisting in the
procedural
safeguards
guarantees consisting in the changes not admissible
opportunity to contact consisting in the
opportunity to contact
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organisations or groups of
opportunity to contact
organisations or groups of
persons that provide legal
organisations or groups
persons that provide legal
assistance, information should be
of persons that provide
assistance, information should
provided on such organisations
legal assistance, be provided on such
and groups of persons.
information should be
organisations and groups of
provided on such
persons.
organisations and
groups of persons.
(18a) When deciding on
Related to Article 2(c), 18(4a)
housing arrangements,
and 23(5).
Member States should
take due account of the
(18a). When deciding on
best interests of the
housing
child, as well as of the
arrangements,
particular
Member States should
circumstances of the
take due account of
dependency on the
the best interests of
applicant for
the child, as well as of
international
the particular
protection of close
circumstances of the
relatives who are
applicant if he/she is
already present in the
dependent on family
Member State and who
members or other
are not family
close relatives such as
members of that
unmarried minor
applicant. In
siblings
already
exceptional
present in the
circumstances, where
Member State.
the close relative of the
applicant for
international
protection is a married
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minor but not
accompanied by his or
her spouse, the best
interests of the minor
may be seen to lie with
his or her original
family.
(19) In order to promote asylum- (19) In order to promote [(19)
In order to promote asylum- Take Council text for recital
seekers' self-sufficiency and to
asylum-seekers' self-
seekers' self-sufficiency and to
limit wide discrepancies between
sufficiency and to limit
limit wide discrepancies
(19)
Member States, it is essential to
wide discrepancies
between Member States, it is
provide clear rules on the access
between Member essential to provide clear rules
of asylum seekers to the labour
States, it is essential to
on the access of asylum
market. These rules should be
provide clear rules on
seekers to the labour market.
consistent with the rules on the
the access of asylum
[…]
duration of the examination
seekers to the labour
procedure as stipulated in
market. These rules
Directive […/…/EU/] [Asylum
should be consistent
Procedures Directive].
with the rules on the
duration of the
examination procedure
as stipulated in
Directive […/…/EU/]
[Asylum Procedures
Directive].
(20) To ensure that the material (20) To ensure that the (20)
To ensure that the material Related to Article 17(5).
support provided to asylum
material support support provided to asylum
seekers is in line with the
provided to asylum
seekers is in line with the (20)
To ensure that the
principles set out in this
seekers is in line with
principles set out in this material support provided to
Directive, it is necessary that
the principles set out in
Directive, it is necessary that
Member States determine the
this Directive, it is
Member States determine the asylum seekers is in line with
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level of such support on the basis
necessary that Member
level of such support on the the principles set out in this
of relevant and measurable points
States determine the
basis of relevant […]
of reference.
level of such support on
Directive, it is necessary that
references .
the basis of relevant
Member States determine the
and measurable points
of reference
which
level of such support on the
ensure an adequate
basis of relevant […]
and dignified standard
of living.
The process
references .
This does
of determining the
not entail that the amount
level of support and
the points of reference
granted should be the same
should be transparent
as for nationals. Member
and publicly
accessible.
States may grant less
favourable treatment to
asylum seekers compared to
nationals as specified in this
Directive.
(21) The possibility of abuse of the (21) The possibility of abuse (21)
The possibility of abuse of the In combination with Article
reception system should be
of the reception system
reception system should be 20.
restricted by specifying the
should be restricted by
restricted by specifying the
circumstances in which laying
specifying the circumstances in which (21)
The possibility of abuse
down cases for the reduction or
circumstances in which
laying down cases for the
of the reception system
withdrawal of reception
reception conditions for
reduction or withdrawal of
should be restricted by
conditions for asylum seekers
asylum seekers may be
reception conditions for
specifying the
may be reduced or such
reduced or such
asylum seekers may be
circumstances in
reception withdrawn
while
reception withdrawn
reduced or such reception
which laying down
at the same time ensuring a
while at the same time
withdrawn
while at the
cases for the reduction
dignified standard of living for all
ensuring a dignified
same time ensuring a dignified
or withdrawal of
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asylum seekers .
standard of living for
standard of living for all
reception conditions for
all asylum seekers.
asylum seekers .
asylum seekers may
be reduced or such
reception
withdrawn
while
at the same time
ensuring a dignified
standard of living for
all asylum seekers .
(22) The efficiency of national (22) The efficiency of (22) The efficiency of national Identical.
reception systems and national reception reception systems and
cooperation among Member
systems and
cooperation among Member
States in the field of reception of
cooperation among
States in the field of reception
asylum seekers should be
Member States in the
of asylum seekers should be
secured.
field of reception of
secured.
asylum seekers should
be secured.
(23) Appropriate coordination should (23) Appropriate
(23) Appropriate coordination
Identical.
be encouraged between the
coordination should be
should be encouraged between
competent authorities as regards
encouraged between
the competent authorities as
the reception of asylum seekers,
the competent regards the reception of asylum
and harmonious relationships
authorities as regards
seekers, and harmonious
between local communities and
the reception of asylum
relationships between local
accommodation centres should
seekers, and
communities and
therefore be promoted.
harmonious
accommodation centres should
relationships between
therefore be promoted.
local communities and
accommodation centres
should therefore be
promoted.
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(24) It is in the very nature of (24) Member States should (24) It is in the very nature of Identical
minimum standards that Member
have the power to
minimum standards that
States should have the
introduce or maintain
Member States should
power to introduce or maintain
more
favourable
have the power to introduce or
more favourable provisions for
provisions for third-
maintain more favourable
third-country nationals and
country nationals and
provisions for third-country
stateless persons who ask for
stateless persons who
nationals and stateless persons
international protection from a
ask for international
who ask for international
Member State.
protection from a
protection from a Member
Member State.
State.
(25) In this spirit, Member States are (25) In this spirit, Member (25) In this spirit, Member States Take Council text for recital
also invited to apply the
States are also invited
are also invited to apply the (25)
provisions of this Directive in
to apply the provisions
provisions of this Directive in
connection with procedures for
of this Directive in
connection with procedures for
deciding on applications for
connection with deciding on applications for
forms of protection other than
procedures for deciding
forms of protection other than
that emanating from Directive
on applications for
that emanating from
[…/…/EU] [The Qualification
forms of protection
Directive […/…/EU] [The
Directive]
the Geneva
other than
those
Qualification Directive] the
Convention for third country
applicable under Geneva Convention for third
nationals and stateless persons.
Directive
2011/95/EU.
country nationals and stateless
persons.
(26) The implementation of this (26) The implementation of (26) The implementation of this Identical
Directive should be evaluated at
this Directive should be
Directive should be evaluated
regular intervals.
evaluated at regular
at regular intervals.
intervals.
(27) Since the objectives of the (27) Since the
objective of (27) Since the objectives of the EP suggestions for linguistic
proposed action, namely to
this Directive, namely
proposed action, namely to
establish minimum standards on
to establish standards
establish minimum standards changes not admissible.
the reception of asylum seekers in
on the reception of
on the reception of asylum
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Member States, cannot be
asylum seekers in
seekers in Member States,
sufficiently achieved by the
Member States, cannot
cannot be sufficiently achieved
Member States and can therefore,
be sufficiently achieved
by the Member States and can
by reason of the scale and effects
by the Member States
therefore, by reason of the
of the proposed action, be better
and can therefore, by
scale and effects of the
achieved by the Union
reason of the scale and
proposed action, be better
Community, the Union
effects of the proposed
achieved by the Union
Community may adopt measures
action, be better
Community, the Union
in accordance with the principles
achieved
at Union
Community
may adopt
of subsidiarity as set out in
level, the Union may
measures in accordance with
Article 5 of the Treaty on
adopt measures in
the principles of subsidiarity as
European Union . In accordance
accordance with the
set out in Article 5 of the
with the principle of
principle of subsidiarity
Treaty on European Union . In
proportionality, as set out in that
as set out in Article 5 of
accordance with the principle
Article, this Directive does not go
the Treaty on European
of proportionality, as set out in
beyond what is necessary in order
Union. In accordance
that Article, this Directive does
to achieve those objectives.
with the principle of
not go beyond what is
proportionality, as set
necessary in order to achieve
out in that Article, this
those objectives.
Directive does not go
beyond what is
necessary in order to
achieve
that objective.
(27a)
In accordance with the Take Council text for recital
Joint Political Declaration of
Member States and the (27a).
Commission on explanatory
documents of 28 September
2011, Member States have
undertaken to accompany, in
justified cases, the notification
of their transposition measures
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with one or more documents
explaining the relationship
between the components of a
directive and the corresponding
parts of national transposition
instruments. With regard to
this Directive, the legislator
considers the transmission of
such documents to be
justified.
In accordance with Article 3 of the
In accordance with Article 3 of the
Protocol on the position of the United
Protocol on the position of the United
Kingdom and Ireland, annexed to the
Kingdom and Ireland, annexed to the
Treaty on European Union and to the
Treaty on European Union and to the
Treaty establishing the European
Treaty establishing the European
Community, the United Kingdom gave
Community, the United Kingdom
notice, by letter of 18 August 2001, of its
gave notice, by letter of 18 August
wish to take part in the adoption and
2001, of its wish to take part in the
application of this Directive.
adoption and application of this
Directive.
In accordance with Article 1 of the said
In accordance with Article 1 of the
Protocol Ireland, is not participating in
said Protocol Ireland, is not
the adoption of this Directive.
participating in the adoption of this
Consequently, and without prejudice to
Directive. Consequently, and without
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Article 4 of the aforementioned Protocol,
prejudice to Article 4 of the
the provisions of this Directive do not
aforementioned Protocol, the
apply to Ireland.
provisions of this Directive do not
apply to Ireland.
(28) In accordance with Article 4a(1) (28) In accordance with (28) In accordance with
Take Council text for recital
of Protocol No. 21 on the position
Article 4a(1) of
[…] Articles 1, 2
of the United Kingdom and
Protocol No. 21 on the
and
(28)
Article 4a(1) of
Ireland in respect of the Area of
position of the United
Protocol No. 21 on the position
Freedom, Security and Justice,
Kingdom and Ireland in
of the United Kingdom and
annexed to the Treaty on
respect of the Area of
Ireland in respect of the Area
European Union, and to the
Freedom, Security and
of Freedom, Security and
Treaty on the Functioning of the
Justice, annexed to the
Justice, annexed to the Treaty
European Union and without
Treaty on European
on European Union, and to the
prejudice to paragraph 2 of that
Union, and to the
Treaty on the Functioning of
Article, so long as the United
Treaty on the
the European Union , and
Kingdom has not notified its wish
Functioning of the
without prejudice to […]
to accept this measure, in
European Union and
Article 4 of that Protocol,
accordance with Article 4 of that
without prejudice to
the United Kingdom is not
Protocol, it is not bound by it and
paragraph 2 of that
taking part in the adoption of
continues to be bound by
Article, so long as the
this Directive and […]
Directive 2003/9/EC.
United Kingdom has
is not bound by it or subject
not notified its wish to
to its application […] .
accept this measure, in
accordance with Article
4 of that Protocol, it is
not bound by it and
continues to be bound
by Directive
2003/9/EC.
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(29) In accordance with Article 1 of (29) In accordance with (29) In accordance with Article 1 of Identical
the said Protocol, Ireland is not
Article 1 of the said
the said Protocol, Ireland is not
taking part in the adoption of this
Protocol, Ireland is not
taking part in the adoption of
Directive. Without prejudice to
taking part in the
this Directive. Without
Article 4 of that Protocol, Ireland
adoption of this
prejudice to Article 4 of that
is therefore not bound by this
Directive. Without
Protocol, Ireland is therefore
Directive.
prejudice to Article 4 of
not bound by this Directive.
that Protocol, Ireland is
therefore not bound by
this Directive.
(30) In accordance with Articles 1 and (30) In accordance with (30) In accordance with Articles 1 Identical
2 of the Protocol on the position
Articles 1 and 2 of the
and 2 of the Protocol on the
of Denmark, annexed to the
Protocol on the position
position of Denmark, annexed
Treaty on European Union and to
of Denmark, annexed
to the Treaty on European
the Treaty on the Functioning of
to the Treaty on
Union and to the Treaty on the
the European Union establishing
European Union and to
Functioning of the European
the European Community,
the Treaty on the
Union establishing the
Denmark does not take part in the
Functioning of the
European Community,
adoption of this Directive and is
European Union,
Denmark does not take part in
not bound by it or subject to its
Denmark does not take
the adoption of this Directive
application.
part in the adoption of
and is not bound by it or
this Directive and is not
subject to its application.
bound by it or subject
to its application.
(31) This Directive respects the (31) This Directive respects (31) This Directive respects the (31) This Directive respects
fundamental rights and observes
the fundamental rights
fundamental rights and
the fundamental rights
the principles recognised in
and observes the
observes the principles
and observes the
particular by the Charter of
principles recognised in
recognised in particular by the
principles recognised in
Fundamental Rights of the
particular by the
Charter of Fundamental Rights
particular by the
European Union. In particular,
Charter of Fundamental
of the European Union. In
Charter of Fundamental
this Directive seeks to ensure full
Rights of the European
particular, this Directive seeks
Rights of the European
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respect for human dignity and to
Union
(the Charter). In
to ensure full respect for
Union. In particular,
promote the application of
particular, this human dignity and to promote
this Directive seeks to
Articles 1 , 6, 7, and 18
Directive seeks to
the application of Articles 1
ensure full respect for
, 21, 24 and 47 of the said
ensure full respect for
, 6, 7, and 18 , 21, 24
human dignity and to
Charter and has to be
human dignity and to
and 47 of the said Charter
promote the application
implemented accordingly .
promote the application
and has to be implemented
of Articles 1 ,
4, 6,
of Articles 1,
4, 6, 7,
accordingly .
7, and 18 , 21, 24
18, 21, 24 and 47 of
the
and 47 of the said
Charter and
should be
Charter and has to be
implemented
implemented
accordingly.
accordingly .
(32) The obligation to transpose this (32) The obligation to
(32) The obligation to transpose this Identical
Directive into national law should
transpose this Directive
Directive into national law
be confined to those provisions
into national law should
should be confined to those
which represent a substantive
be confined to those
provisions which represent a
change as compared with the
provisions which substantive change as
earlier Directive. The obligation
represent a substantive
compared with the earlier
to transpose the provisions which
change as compared
Directive. The obligation to
are unchanged arises under the
with the earlier
transpose the provisions which
earlier Directive.
Directive. The are unchanged arises under the
obligation to transpose
earlier Directive.
the provisions which
are unchanged arises
under the earlier
Directive.
(33) This Directive should be without (33) This Directive should (33) This Directive should be Identical
prejudice to the obligations of the
be without prejudice to
without prejudice to the
Member States relating to the
the obligations of the
obligations of the Member
time-limit for transposition into
Member States relating
States relating to the time-limit
national law of the Directive set
to the time-limit for
for transposition into national
out in Annex II, Part B.
transposition into law of the Directive set out in
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national law of
this
Annex II, Part B.
Directive set out in
Annex II, Part B.
HAVE ADOPTED THIS DIRECTIVE: HAVE ADOPTED THIS HAVE ADOPTED THIS
DIRECTIVE:
DIRECTIVE:
CHAPTER I
CHAPTER I
CHAPTER I
PURPOSE, DEFINITIONS
PURPOSE,
PURPOSE,
AND SCOPE
DEFINITIONS AND
DEFINITIONS AND
SCOPE
SCOPE
Article 1
Article 1
Article 1
Purpose
Purpose
Purpose
The purpose of this Directive is to lay The purpose of this Directive The purpose of this Directive is to lay Identical
down minimum standards for the is to lay down standards for the down minimum standards for the
reception of asylum seekers in Member reception of asylum seekers in reception of asylum seekers in
States.
Member States.
Member States.
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Article 2
Article 2
Article 2
Definitions
Definitions
Definitions
For the purposes of this Directive:
For the purposes of this For the purposes of this Directive:
Identical
Directive:
(a)
"Geneva Convention" shall
(a)
"Geneva Convention" shall
mean the Convention of 28 July
mean the Convention of 28
1951 relating to the status of
July 1951 relating to the
refugees, as amended by the
status of refugees, as
New York Protocol of 31
amended by the New York
January 1967;
Protocol of 31 January 1967;
(b)
"application for asylum" shall
(b)
"application for asylum" shall
mean the application made by a
mean the application made by
third-country national or a
a third-country national or a
stateless person which can be
stateless person which can be
understood as a request for
understood as a request for
international protection from a
international protection from
Member State, under the
a Member State, under the
Geneva Convention. Any
Geneva Convention. Any
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application for international
application for international
protection is presumed to be an
protection is presumed to be
application for asylum unless a
an application for asylum
third-country national or a
unless a third-country
stateless person explicitly
national or a stateless person
requests another kind of
explicitly requests another
protection that can be applied
kind of protection that can be
for separately;
applied for separately;
(a)
"application for international (a)
"application for
(a)
"application for international Identical
protection" means an
international
protection" means an
application for international
protection" means an
application for international
protection as defined in point
application for protection as defined in point
(h) of Article 2 of Directive
international
(h) of Article 2 of Directive
[…/…/EU] [the Qualification
protection as defined
[…/…/EU] [the Qualification
Directive];
in point (h) of Article
Directive];
2 of
Directive
2011/95/EU;
(b)(c) "applicant" , "applicant for (b)
"applicant", "applicant (b)(c) "applicant" , "applicant for Identical
international protection" or
for international
international protection"
"asylum seeker" shall mean
protection" or or "asylum seeker" shall
means a third country
"asylum seeker"
mean means a third
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national or a stateless person
means a third country
country national or a stateless
who has made an application for
national or a stateless
person who has made an
asylum international
person who has made
application for
protection in respect of
an application for
asylum international
which a final decision has not
international
protection in respect of
yet been taken;
protection in respect
which a final decision has not
of which a final
yet been taken;
decision has not yet
been taken;
(c)(d) "family members" shall mean (c)
"family members" (c)(d) "family members" shall mean Article 2(c) in combination
means , in so far as the
means, in so far as the
means , in so far as the with Article 18 (4a) and 23
family already existed in the
family already existed
family already existed in the and recital (18a).
country of origin, the following
in the country of
country of origin, the c)(d) "family members"
members of the applicant's
origin, the following
following members of the
shall mean
family who are present in the
members of the
applicant's family who are
means , in so
same Member State in relation
applicant's family
present in the same Member
far as the family
to the application for
who are present in the
State in relation to the
already existed in the
asylum international
same Member State in
application for
country of origin, the
protection :
relation to the
asylum international
following members of
application for protection :
the applicant's family
international
who are present in the
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protection :
same Member State in
relation to the
application for
asylum internationa
l protection :
(i) when the applicant is
[...]
[…]
[…]
an adult;
(i) - the spouse of the asylum
-
the spouse of
(i) - the spouse of the
(i) - the spouse of
seeker or his or her
the asylum
asylum seeker or his or
the asylum
unmarried partner in a
seeker or his or
her unmarried partner
seeker or his or
stable relationship, where
her unmarried
in a stable relationship,
her unmarried
the legislation or practice
partner in a
where the legislation or
partner in a
of the Member State
stable
practice of the Member
stable
concerned treats
relationship,
State concerned treats
relationship,
unmarried couples in a
where the
unmarried couples in a
where the
way comparable to
legislation or
way comparable to
legislation or
married couples under its
practice of the
married couples under
practice of the
law relating to aliens
Member State
its law relating to aliens
Member State
third country
concerned treats
third country
concerned treats
nationals ;
unmarried
nationals ;
unmarried
couples in a way
couples in a way
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comparable to
comparable to
married couples
married couples
under its law
under its law
relating to third
relating to aliens
country
third
nationals;
country
nationals ;
(ii) - the minor children of the
-
the minor
(ii) - the minor children of
(ii) - the minor
couple
couples
children of
the couple
children of the
referred to in the first
couples referred
couples referred
couple
indent point (i) or of the
to in the first
to in the first indent
couples
applicant, on condition
indent or of the
point (i) or of the
referred to in the
that they are unmarried
applicant, on
applicant
for
first indent point
and dependent
and
condition that
international
(i) or of the
regardless of whether they
they are
protection , on
applicant for
were born in or out of
unmarried and
condition that they are
international
wedlock or adopted as
regardless of
unmarried
and
protection , on
defined under the national
whether they
dependent
and
condition that
law;
were born in or
regardless of whether
they are
out of wedlock
they were born in or out
unmarried and
or adopted as
of wedlock or adopted
dependent and
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defined under
as defined under the
regardless of
the national law;
national law;
whether they
were born in or
out of wedlock
or adopted as
defined under
the national law;
-
the married minor
-
the married
minor
[…]
[…]
children of couples
children of couples
referred to in the first
referred to in the first
indent of point (i) or of
indent of point (i)
above
the applicant, regardless
or of the applicant,
of whether they were born
regardless of whether
in or out of wedlock or
they were born in or out
adopted as defined under
of wedlock or adopted
the national law, provided
as defined under the
they are not accompanied
national law, provided
by their spouses and it is
they are not
in their best interests to
accompanied by their
consider them as family
spouses and it is in their
members;
best interests to consider
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them as family
members;
(ii) when the applicant is an
[...]
[…]
[…]
unmarried minor:
-
the father, mother,
-
the father, mother,
or
-
the father, mother -
the father, mother
regardless of whether the
another adult
[…] or
[…] or
applicant was born in or
responsible for the
another
another
out of wedlock or adopted
applicant for
[…] adult
[…] adult
as defined under the
international protection
responsible for the
responsible for the
national law, or the adult
whether by law or by
applicant
for
applicant
for
responsible for the
the practice of the
international
international
applicant whether by law
Member State
protection whether
protection whether by
or by the national practice
concerned, when the
by law or by the
law or by the national
of the Member State
latter is a minor and
national practice of the
practice of the Member
concerned ;
unmarried;
Member State
State concerned ,
concerned , when the
when the latter is a minor
latter is a minor and
and unmarried.
unmarried.
-
the minor siblings of the
[...]
[…]
[…]
applicant, regardless of
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whether they were born in
or out of wedlock or
adopted as defined under
the national law, provided
they are unmarried or
married but not
accompanied by their
spouses and it is in their
best interests to be
considered family
members;
(vi) dependent adults with
EP AM not included
special needs;
(iii) when the applicant is a
[...]
[…]
[…]
married minor, the
persons referred to in
point (ii) provided the
applicant is not
accompanied by his/her
spouse and it is in the best
interests of the applicant
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or his/her siblings to
consider the persons
referred to in point (ii) as
family members.
(e)
"refugee" shall mean a person
(e)
"refugee" shall mean a person
who fulfils the requirements of
who fulfils the requirements
Article 1(A) of the Geneva
of Article 1(A) of the Geneva
Convention;
Convention;
(f)
"refugee status" shall mean the
(f)
"refugee status" shall mean
status granted by a Member
the status granted by a
State to a person who is a
Member State to a person
refugee and is admitted as such
who is a refugee and is
to the territory of that Member
admitted as such to the
State;
territory of that Member
State;
(g)
"procedures" and "appeals",
(g)
"procedures" and "appeals",
shall means the procedures and
shall means the procedures
appeals established by Member
and appeals established by
States in their national law;
Member States in their
national law;
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(d)
"minor" means a third-country (d)
"minor" means a (d)
"minor" means a third- Identical
national or stateless person
third-country national
country national or stateless
below the age of 18 years;
or stateless person
person below the age of 18
below the age of 18
years;
years;
(e)(h) "unaccompanied minors" shall (e)
"unaccompanied
(e)(h) "unaccompanied minors" Identical
mean
means
a
minor" means a minor
shall mean means a
minor persons below the age
who arrives in the
minor persons below the
of eighteen
who
arrive
territory of the
age of eighteen who arrive
arrives in the territory of
Member States arrives in the territory
the Member States
unaccompanied by an
of the Member States
unaccompanied by an adult
adult responsible for
unaccompanied by an adult
responsible for them him/her
him/her whether by
responsible for them him/her
whether by law or by the
law or by the national
whether by law or by the
national practice of the Member
practice of the
national practice of the
State concerned custom, and
Member State Member State concerned
for as long as they are
concerned, and for as
custom, and for as long as
he/she is not effectively
long as he/she is not
they are he/she is not
taken into the care of such a
effectively taken into
effectively taken into the care
person; it shall include minors
the care of such a
of such a person; it shall
includes a minor who
person; it includes a
include minors includes a
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is
are
left
minor who is left
minor who is are
unaccompanied after they have
unaccompanied after
left unaccompanied after they
he/she has entered the
he/she has entered the
have
he/she has
territory of Member States;
territory of
the
entered the territory of
Member States;
Member States;
(f)(i)
"reception conditions" shall (f)
"reception conditions" (f)(i)
"reception conditions" shall EP suggestion for linguistic
mean means the full set
means the full set of
mean means the full change not admissible
of measures that Member States
measures that set of measures that Member
grant to asylum seeker in
Member States
apply
States grant to asylum seeker
accordance with this Directive;
to asylum
seekers in
in accordance with this
accordance with this
Directive;
Directive;
(g)(j) "material reception conditions" (g)
"material reception
(g)(j) "material reception
Identical
shall mean means the
conditions" means the
conditions"
shall mean
reception conditions that
reception conditions
means the reception
include housing, food and
that include housing,
conditions that include
clothing provided in kind, or as
food and clothing
housing, food and clothing
financial allowances or in
provided in kind, or as
provided in kind, or as
vouchers, or a combination
financial allowances
financial allowances or in
of the three , and a daily
or in vouchers, or a
vouchers, or a combination
combination of the
of the three , and a daily
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expenses allowance;
three, and a daily
expenses allowance;
expense allowance;
(h)(k) "detention"
shall mean (h)
"detention"
means (h)(k) "detention"
shall mean Identical
means confinement of
confinement of an
means confinement of
an asylum seeker by a Member
asylum seeker by a
an asylum seeker by a
State within a particular place,
Member State within
Member State within a
where the applicant is deprived
a particular place,
particular place, where the
of his or her freedom of
where the applicant is
applicant is deprived of his or
movement;
deprived of his or her
her freedom of movement;
freedom of
movement;
(i)(l)
"accommodation centre" shall (i)
"accommodation
(i)(l)
"accommodation centre" shall Identical
mean means any place
centre" means any
mean means any place
used for collective housing of
place used for
used for collective housing of
asylum seekers;.
collective housing of
asylum seekers;.
asylum seekers;
(j)
"representative" means a
(j)
"representative"
(j)
"representative" means a Article 2(j) in combination
person or an organisation
means a person or an
person or an organisation with Article 24(1).
appointed by the competent
organisation
appointed by the competent (j)
"representative"
bodies to act as a legal guardian
appointed by the
bodies […] in order to
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in order to assist and represent
competent bodies to
assist and represent an
means a person or an
an unaccompanied minor in
act as a legal guardian
unaccompanied minor in
organisation
procedures provided for in this
in order to assist and
procedures provided for in
appointed by the
Directive with a view to
represent an this Directive with a view to
competent bodies
ensuring the child's best
unaccompanied minor
ensuring the child's best
[…] in order to
interests and exercising legal
in procedures interests and exercising legal
assist and represent an
capacity for the minor where
provided for in this
capacity for the minor where
unaccompanied
necessary. Where an
Directive with a view
necessary. Where an
minor in procedures
organisation acts as a
to ensuring the child's
organisation
is
provided for in this
representative, it shall appoint a
best interests and
appointed […] as a
Directive with a view
person responsible for carrying
exercising legal
representative, it shall
to ensuring the child's
out the duties of the legal
capacity for the minor
designate
[…] a
best interests and
guardian in respect of the minor,
where necessary.
person responsible for
exercising legal
in accordance with this
Where an organisation
carrying out the duties of
capacity for the minor
Directive;
acts as a
this organisation
where necessary.
representative, it shall
[…] in respect of the
Where an organisation
appoint a person
minor, in accordance with
is appointed
responsible for this Directive;
[…] as a
carrying out the duties
representative, it shall
of the legal guardian
designate
in respect of the
[…] a person
minor, in accordance
responsible for
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with this Directive
.
carrying out the duties
The organisation
of
this
must ensure that the
organisation
“representative” has
[…] in respect of
sufficient resources
the minor, in
to represent the
accordance with this
minor and has the
Directive;
chance to develop a
relationship based on
mutual trust with the
minor;
(k)
"applicant with special
(k)
"applicant with
(k)
"applicant with special Identical
reception needs" means a
special reception
reception needs" means a
vulnerable applicant, in line
needs" means a
vulnerable applicant, in line
with Article 21, who is in need
vulnerable applicant,
with Article 21, who is in
of special guarantees in order to
in line with Article
need of special guarantees in
benefit from the rights and
21, who is in need of
order to benefit from the
comply with the obligations
special guarantees in
rights and comply with the
provided for in this Directive.
order to benefit from
obligations provided for in
the rights and comply
this Directive.
with the obligations
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provided for in this
Directive.
Article 3
Article 3
Article 3
Scope
Scope
Scope
1.
This Directive shall apply to all 1.
This Directive shall 1.
This Directive shall apply to EP suggestion for linguistic
third country nationals and
apply to all third
all third country nationals and change not admissible.
stateless persons who make an
country nationals and
stateless persons who make
application for asylum
stateless persons who
an application for asylum
international protection at
make an application
international protection
the border, or in the territory,
for international
at the border, or in the
including at the border,
protection in the
territory, including at the
in the territorial waters or in
territory, including at
border
,
in the
the transit zones, of a
the border, in the
territorial waters or in the
Member State, as long as they
territorial waters or in
transit zones, of a Member
are allowed to remain on the
the transit zones, of a
State, as long as they are
territory as asylum seekers, as
Member State, as long
allowed to remain on the
well as to family members, if
as they are allowed to
territory as asylum seekers, as
they are covered by such
remain on the territory
well as to family members, if
application for international
as asylum seekers, as
they are covered by such
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protection
asylum according
well as to family
application
to the national law.
members, if they are
for international
covered by such
protection
asylum
application for according to the national law.
international
protection according
to the
applicable
national law.
2.
This Directive shall not apply in 2.
This Directive shall 2.
This Directive shall not apply EP suggestion for linguistic
cases of requests for diplomatic
not apply
to requests
in cases of requests for change not admissible.
or territorial asylum submitted
for diplomatic or
diplomatic or territorial
to representations of Member
territorial asylum
asylum submitted to
States.
submitted to representations of Member
representations of
States.
Member States.
3.
This Directive shall not apply 3.
This Directive shall 3.
This Directive shall not apply Identical
when the provisions of Council
not apply when the
when the provisions of
Directive 2001/55/EC of 20 July
provisions of Council
Council Directive
2001 on minimum standards for
Directive 2001/55/EC
2001/55/EC of 20 July 2001
giving temporary protection in
of 20 July 2001 on
on minimum standards for
the event of a mass influx of
minimum standards
giving temporary protection
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link to page 52 link to page 52
displaced persons and on
for giving temporary
in the event of a mass influx
measures promoting a balance
protection in the event
of displaced persons and on
of efforts between Member
of a mass influx of
measures promoting a
States in receiving such persons
displaced persons and
balance of efforts between
and bearing the consequences
on measures Member States in receiving
thereof
1 are applied.
promoting a balance
such persons and bearing the
of efforts between
consequences thereof
2 are
Member States in
applied.
receiving such
persons and bearing
the consequences
thereof are applied.
4.
Member States may decide to 4.
Member States may 4.
Member States may decide to EP suggestion on "those
apply this Directive in
decide to apply this
apply this Directive in applicable" not admissible.
connection with procedures for
Directive in connection with procedures
deciding on applications for
connection with
for deciding on applications
kinds of protection other than
procedures for for kinds of protection other
that
emanating from
deciding on than that emanating from
Directive […/…/EU] [the
applications for kinds
Directive […/…/EU] [the
1
OJ L 212, 7.8.2001, p. 12.
2
OJ L 212, 7.8.2001, p. 12.
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Qualification Directive] the
of protection other
Qualification Directive]
Geneva Convention for third-
than
those applicable
the Geneva Convention for
country nationals or stateless
under
Directive
third-country nationals or
persons who are found not to be
2011/95/EU.
stateless persons who are
refugees.
found not to be refugees.
Article 4
Article 4
Article 4
More favourable provisions
More favourable provisions
More favourable provisions
Member States may introduce or retain Member States may introduce Member States may introduce or Identical
more favourable provisions in the field or retain more favourable retain more favourable provisions in
of reception conditions for asylum provisions in the field of the field of reception conditions for
seekers and other close relatives of the reception conditions for
asylum seekers and other close
applicant who are present in the same asylum seekers and other close relatives of the applicant who are
Member State when they are dependent relatives of
asylum seekers present in the same Member State
on him or for humanitarian reasons who are present in the same when they are dependent on him or for
insofar as these provisions are Member State when they are humanitarian reasons insofar as these
compatible with this Directive.
dependent on
the asylum provisions are compatible with this
seeker or for humanitarian Directive.
reasons insofar as
those provisions are compatible with
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this Directive.
CHAPTER II
CHAPTER II
CHAPTER II
GENERAL PROVISIONS
GENERAL
GENERAL PROVISIONS
ON RECEPTION
PROVISIONS ON
ON RECEPTION
CONDITIONS
RECEPTION
CONDITIONS
CONDITIONS
Article 5
Article 5
Article 5
Information
Information
Information
1.
Member States shall inform 1.
Member States shall 1.
Member States shall inform Identical
asylum seekers, within a
inform asylum asylum seekers, within a
reasonable time not exceeding
seekers, within a
reasonable time not
fifteen days after they have
reasonable time not
exceeding fifteen days after
lodged their application for
exceeding fifteen days
they have lodged their
international protection
after they have lodged
application for
asylum with the competent
their application for
international protection
authority, of at least any
international
asylum with the competent
established benefits and of the
protection, of at least
authority, of at least any
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obligations with which they
any established established benefits and of
must comply relating to
benefits and of the
the obligations with which
reception conditions.
obligations with
they must comply relating to
which they must
reception conditions.
comply relating to
reception conditions.
Member States shall ensure that
Member States shall
Member States shall ensure Identical
applicants are provided with
ensure that applicants
that applicants are provided
information on organisations or
are provided with
with information on
groups of persons that provide
information on organisations or groups of
specific legal assistance and
organisations or
persons that provide specific
organisations that might be able
groups of persons that
legal assistance and
to help or inform them
provide specific legal
organisations that might be
concerning the available
assistance and
able to help or inform them
reception conditions, including
organisations that
concerning the available
health care.
might be able to help
reception conditions,
or inform them
including health care.
concerning the
available reception
conditions, including
health care.
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2.
Member States shall ensure that 2.
Member States shall 2.
Member States shall ensure Take Council text for
the information referred to in
ensure that the
that the information referred paragraph 2.
paragraph 1 is in writing and, as
information referred
to in paragraph 1 is in writing
far as possible, in a language
to in paragraph 1 is in
and, as far as possible, in a
that the applicants understand
writing and, in a
language that the applicants
or may are reasonably
language that the
understand or may
be supposed to understand.
applicants understand
are reasonably
be
Where appropriate, this
or
may reasonably
be
supposed to understand.
information may also be
presumed
to
Where appropriate, this
supplied orally.
understand. Where
information may also be
appropriate, this
supplied orally.
information may also
be supplied orally.
Article 6
Article 6
Article 6
Documentation
Documentation
Documentation
1.
Member States shall ensure that, 1.
Member States shall 1.
Member States shall ensure Identical
within three days after an
ensure that, within
that, within three days after
application for international
three days after an
an application for
protection is lodged with the
application for international protection is
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competent authority, the
international
lodged with the competent
applicant is provided with a
protection is lodged,
authority, the applicant is
document issued in his or her
the applicant is
provided with a document
own name certifying his or her
provided with a
issued in his or her own name
status as an asylum seeker or
document issued in
certifying his or her status as
testifying that he or she is
his or her own name
an asylum seeker or testifying
allowed to stay in the territory
certifying his or her
that he or she is allowed to
of the Member State while his
status as an asylum
stay in the territory of the
or her application is pending or
seeker or testifying
Member State while his or
being examined.
that he or she is
her application is pending or
allowed to stay in the
being examined.
territory of the
Member State while
his or her application
is pending or being
examined.
If the holder is not free to move
If the holder
of the
If the holder is not free to EP suggestions for linguistic
within all or a part of the
document referred to
move within all or a part of change not admissible.
territory of the Member State,
in the first
the territory of the Member
the document shall also certify
subparagraph is not
State, the document shall also
this fact.
free to move within
certify this fact.
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all or a part of the
territory of the
Member State, the
document shall also
certify this fact.
2.
Member States may exclude 2.
Member States may 2.
Member States may exclude EP suggestion for linguistic
application of this Article when
exclude application of
application of this Article change not admissible.
the asylum seeker is in
this Article when
an
when the asylum seeker is in
detention and during the
asylum seeker is in
detention and during the
examination of an application
detention and during
examination of an application
for international protection
the examination of an
for
international
asylum made at the border or
application for protection asylum made at
within the context of a
international
the border or within the
procedure to decide on the right
protection made at the
context of a procedure to
of the applicant legally to enter
border or within the
decide on the right of the
the territory of a Member State.
context of a procedure
applicant legally to enter the
In specific cases, during the
to decide on the right
territory of a Member State.
examination of an application
of the applicant to
In specific cases, during the
for international protection
enter the territory of a
examination of an application
asylum, Member States may
Member State. In
for
international
provide applicants with other
specific cases, during
protection
asylum,
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evidence equivalent to the
the examination of an
Member States may provide
document referred to in
application for applicants with other
paragraph 1.
international
evidence equivalent to the
protection, Member
document referred to in
States may provide
paragraph 1.
applicants with other
evidence equivalent to
the document referred
to in paragraph 1.
3.
The document referred to in 3.
The document
3.
The document referred to in Identical
paragraph 1 need not certify the
referred to in
paragraph 1 need not certify
identity of the asylum seeker.
paragraph 1 need not
the identity of the asylum
certify the identity of
seeker.
the asylum seeker.
4.
Member States shall adopt the 4.
Member States shall 4.
Member States shall adopt Take Council text for
necessary measures to provide
adopt the necessary
the necessary measures to paragraph 4
asylum seekers with the
measures to provide
provide asylum seekers with
document referred to in
asylum seekers with
the document referred to in
paragraph 1, which must be
the document referred
paragraph 1, which must be
valid for as long as they are
to in paragraph 1,
valid for as long as they are
authorised to remain in the
which must be valid
authorised to remain in the
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territory of the Member State
for as long as they are
territory of the Member State
concerned or at the border
authorised to remain
concerned or at the border
thereof.
in the territory
or at
thereof.
the border of the
Member State
concerned
.
5.
Member States may provide 5.
Member States may 5.
Member States may provide Identical
asylum seekers with a travel
provide asylum
asylum seekers with a travel
document when serious
seekers with a travel
document when serious
humanitarian reasons arise that
document when
humanitarian reasons arise
require their presence in another
serious humanitarian
that require their presence in
State.
reasons arise that
another State.
require their presence
in another State.
6.
Member States shall not impose 6.
Member States shall […]
6.
Member States shall
any documentation or other
not impose any
not impose
any
administrative requirements on
documentation or
unnecessary or
asylum seekers before granting
other administrative
disproportionate
the rights to which they are
requirements on
documentation or
entitled under this Directive for
asylum seekers before
other administrative
the sole reason that they are
granting the rights to
requirements on
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applicants for international
which they are
asylum seekers before
protection.
entitled under this
granting the rights to
Directive for the sole
which they are
reason that they are
entitled under this
applicants for
Directive for the sole
international
reason that they are
protection.
applicants for
international
protection.
Article 7
Article 7
Article 7
Residence and freedom of movement
Residence and freedom of
Residence and freedom of
movement
movement
1.
Asylum seekers may move 1.
Asylum seekers may 1.
Asylum seekers may move Take Council text
for
freely within the territory of the
move freely within
freely within the territory of paragraph 1.
host Member State or within an
the territory of the
the host Member State or
area assigned to them by that
host Member State or
within an area assigned to
Member State. The assigned
within an area
them by that Member State.
area shall not affect the
assigned to them by
The assigned area shall not
unalienable sphere of private
that Member State.
affect the unalienable sphere
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life and shall allow sufficient
The assigned area
of private life and shall allow
scope for guaranteeing access to
shall not affect the
sufficient scope for
all benefits under this Directive.
unalienable sphere of
guaranteeing access to all
private life and shall
benefits under this Directive.
allow sufficient scope
for
ensuring access to
all benefits under this
Directive.
2.
Member States may decide on 2.
Member States may 2.
Member States may decide Identical
the residence of the asylum
decide on the
on the residence of the
seeker for reasons of public
residence of the
asylum seeker for reasons of
interest, public order or, when
asylum seeker for
public interest, public order
necessary, for the swift
reasons of public
or, when necessary, for the
processing and effective
interest, public order
swift processing and effective
monitoring of his or her
or, when necessary,
monitoring of his or her
application for international
for the swift
application
for
protection .
processing and international protection .
effective monitoring
of his or her
application for
international
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protection.
3.
When it proves necessary, for
3.
When it proves necessary, for
example for legal reasons or
example for legal reasons or
reasons of public order,
reasons of public order,
Member States may confine an
Member States may confine
applicant to a particular place in
an applicant to a particular
accordance with their national
place in accordance with their
law.
national law.
3.4.
Member States may make 3.
Member States may 3.4.
Member States may make Identical
provision of the material
make provision of the
provision of the material
reception conditions subject to
material reception
reception conditions subject
actual residence by the
conditions subject to
to actual residence by the
applicants in a specific place, to
actual residence by
applicants in a specific place,
be determined by the Member
the applicants in a
to be determined by the
States. Such a decision, which
specific place, to be
Member States. Such a
may be of a general nature, shall
determined by the
decision, which may be of a
be taken individually and
Member States. Such
general nature, shall be taken
established by national
a decision, which may
individually and established
legislation.
be of a general nature,
by national legislation.
shall be taken
individually and
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established by
national legislation.
4.
When it proves
EP AM not taken up EP given
necessary, for
provisions on detention.
example for legal
reasons or reasons of
public policy,
Member States may
confine an applicant
to a specific place in
accordance with their
national law.
4.5.
Member States shall provide for 4.
Member States shall 4.5.
Member States shall provide EP suggestions for linguistic
the possibility of granting
provide for the
for the possibility of granting changes not admissible.
applicants temporary permission
possibility of granting
applicants temporary
to leave the place of residence
applicants temporary
permission to leave the place
mentioned in paragraphs 2 and
permission to leave
of residence mentioned in
43 and/or the assigned area
the place of residence
paragraphs 2 and 43 and/or
mentioned in paragraph 1.
referred to in
the assigned area mentioned
Decisions shall be taken
paragraphs 2 and 3
in paragraph 1. Decisions
individually, objectively and
and/or the assigned
shall be taken individually,
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impartially and reasons shall be
area
referred to in
objectively and impartially
given if they are negative.
paragraph 1. and reasons shall be given if
Decisions shall be
they are negative.
taken individually,
objectively
and
impartially and
reasons shall be given
if they are negative.
The applicant shall not require
The applicant shall
The applicant shall not Identical
permission to keep
not require permission
require permission to keep
appointments with authorities
to keep appointments
appointments with authorities
and courts if his or her
with authorities and
and courts if his or her
appearance is necessary.
courts if his or her
appearance is necessary.
appearance is
necessary.
5.6.
Member States shall require 5.
Member States shall 5.6.
Member States shall require Identical
applicants to inform the
require applicants to
applicants to inform the
competent authorities of their
inform the competent
competent authorities of their
current address and notify any
authorities of their
current address and notify
change of address to such
current address and
any change of address to such
notify any change of
authorities as soon as
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authorities as soon as possible.
address to such
possible.
authorities as soon as
possible.
Article 8
Article 8
Article 8
Detention
Detention
Detention
1.
Member States shall not hold a 1.
Member States shall 1.
Member States shall not hold Identical
person in detention for the sole
not hold a person in
a person in detention for the
reason that he/she is an
detention for the sole
sole reason that he/she is an
applicant for international
reason that he/she is
applicant for international
protection in accordance with
an applicant for
protection in accordance with
Directive […/…/EU] [the
international
Directive […/…/EU] [the
Asylum Procedures Directive].
protection in Asylum Procedures
accordance with
Directive].
Directive […/…/EU]
[the Asylum
Procedures Directive].
2.
When it proves necessary and 2.
When it proves 2.
When it proves necessary and Identical
on the basis of an individual
necessary and on the
on the basis of an individual
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assessment of each case,
basis of an individual
assessment of each case,
Member States may detain an
assessment of each
Member States may detain an
applicant, if other less coercive
case, Member States
applicant, if other less
alternative measures cannot be
may detain an
coercive alternative measures
applied effectively.
applicant, if other less
cannot be applied effectively.
coercive alternative
measures cannot be
applied effectively.
3.
Without prejudice to Article 11 3.
Without prejudice to 3.
[…] An applicant 3.
[…]
An
and to detention in the
Article 11
of this
may
only be detained
:
applicant may
only be
framework of criminal
Directive and Article
detained
:
proceedings, an applicant may
5 of the ECHR and to
only be detained:
detention in the
framework of criminal
proceedings, an
applicant may only be
detained:
(a) in order to determine or
(a) in order to
(a) in order to determine or
(a) in order to
verify his/her identity or
determine or
verify his/her identity
determine or
nationality;
verify his/her
or nationality;
verify his/her
identity or
identity or
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nationality;
nationality;
(b) in order to determine,
(b) in order to
(b) in order to determine
(b) in order to
within the context of a
determine,
[…] the elements
determine
preliminary interview, the
within the
on which the
[…]
the
elements on which the
context of a
application for
elements on
application for
preliminary
international protection
which the
international protection is
interview, the
is based which could
application for
based which could not be
elements on
not be obtained in the
international
obtained in the absence of
which the
absence of detention
protection is
detention;
application for
, in particular when
based which
international
there is a risk of
could not be
protection is
absconding ;
obtained in the
based which
absence of
could not be
detention , in
obtained in the
particular when
absence of
there is a risk of
detention;
absconding ;
(c) in the context of a
(c) in the context of
(c) in the context of a
(c) in the context of
procedure, to decide on
a procedure, to
procedure, to decide on
a procedure, to
the right to enter the
decide on the
the right to enter the
decide on the
right to enter the
right to enter the
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territory;
territory;
territory;
territory;
(d)
When the Member (d)
When the Member
State can substantiate
State can
that the applicant
substantiate that the
without delay for no
applicant without
justifiable reason has
delay for no
not turned to the
justifiable reason has
competent authorities to
not turned to the
request for asylum, but
competent
- although there is
authorities to
effective access to
request for asylum,
apply for asylum - has
but - although there
only made the
is effective access to
application after being
apply for asylum -
apprehended
on
has only made the
grounds of an illegal
application after
stay, or
being apprehended
on grounds of an
illegal stay, or
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when he/she is
when he/she is
already detained
already
subject to a return
detained subject to
procedure in order to
a return procedure
prepare the return
under Directive
and/or carry on the
2008/115/EC in order
removal process and
to prepare the return
there are reasonable
and/or carry on the
grounds to believe
removal process and
that […] he/she
the Member State
makes
the
can substantiate on
[…] application
the basis of objective
for international
criteria, including
protection merely in
that he/she already
order to delay or
had the opportunity
frustrate the
to access the asylum
enforcement of
procedure, that
the
[…]
there are
return
decision
reasonable grounds to
[…] ;
believe that
[…]
he/she
makes the
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[…] application
for international
protection merely in
order to delay or
frustrate the
enforcement of
the
[…]
return decision
[…] ;
(d) when protection of
(d) when protection
( e
[…] ) when
( e
[…] )
national security or public
of national
protection of national
when
order so requires.
security or
security or public order
protection of
public order so
so requires.
national security
requires.
or public order
so requires.
(f)
in accordance with
(f)
in accordance
Article 27 of
with Article
Regulation (EC) No
27 of
[.../...] [Dublin
Regulation (EC)
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Regulation […]
No [.../...]
.
[Dublin
Regulation
[…] .
These grounds shall be laid
These grounds shall
[…] Grounds
[…] Grounds
down in national law.
be laid down in
for detention shall be
for detention
national law
and shall
laid down in national law
.
shall be laid down in
be regularly reported
national law
.
to the Commission,
EASO and the
European
Parliament.
4.
Member States shall ensure that 4.
Member States shall 4.
Member States shall ensure 4.
Member States shall
rules concerning alternatives to
ensure that rules
that
any
rules
ensure that
any
detention, such as regular
concerning
concerning alternatives to
rules concerning
reporting to the authorities, the
alternatives to detention, such as regular
alternatives to
deposit of a financial guarantee,
detention, such as
reporting to the authorities,
detention, such as
or an obligation to stay at an
regular reporting to
the deposit of a financial
regular reporting to
assigned place, are laid down in
the authorities, the
guarantee, or an obligation to
the authorities, the
national law.
deposit of a financial
stay at an assigned place, are
deposit of a financial
guarantee, or an
guarantee, or an
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obligation to stay at
laid down in national law.
obligation to stay at
an assigned place, are
an assigned place, are
laid down in national
laid down in national
law.
law.
Article 9
Article 9
Article 9
Article 9 paragraphs (1) to (4)
Guarantees for detained asylum
Guarantees for detained
Guarantees for detained asylum
in combination with recital
seekers
asylum seekers
seekers
(15a) EP on review of the
detention order.
1.
Detention shall be for as short a
1.
Detention shall be
1.
Detention shall be for as short 1.
Detention shall be for
period as possible and shall only
ordered for the
a period as possible and shall
as short a period as
be maintained for as long as the
shortest period only be maintained for as
possible and shall
grounds set out in Article 8(3)
possible. In long as the grounds set out in
only be maintained
are applicable.
particular, the period
Article 8(3) are applicable.
for as long as the
of detention pursuant
grounds set out in
to Article 8(2) (a), (b)
Article 8(3) are
or (c) shall not
applicable.
exceed the time
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reasonably needed to
complete the
administrative
procedures required
in order to obtain
information on the
asylum seeker's
nationality or identity
or on the elements on
which his application
is based, or to
complete the relevant
procedure with a view
to deciding on his/her
right to enter the
territory. The average
period of detention
and the reasons for
detention shall be
regularly reported to
the Commission,
EASO and the
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European
Parliament.
Administrative procedures
Administrative
Administrative procedures
Identical
relevant to the grounds set out
procedures relevant to
relevant to the grounds set
in Article 8(3) shall be executed
the grounds set out in
out in Article 8(3) shall be
with due diligence. Delays in
Article 8(3) shall be
executed with due diligence.
the administrative procedures
executed with due
Delays in the administrative
that cannot be attributed to the
diligence. Delays in
procedures that cannot be
asylum seeker shall not justify a
the administrative
attributed to the asylum
continuation of detention.
procedures that cannot
seeker shall not justify a
be attributed to the
continuation of detention.
asylum seeker shall
not justify a
continuation of
detention.
2.
Detention shall be ordered by 2.
Detention shall be 2.
Detention shall be ordered by 2.
Detention shall be
judicial or administrative
ordered by judicial
judicial or administrative
ordered by judicial or
authorities. Where detention is
[...] authorities.
In
authorities. Where detention
administrative
ordered by administrative
urgent cases it may
is ordered by administrative
authorities. Where
authorities, it shall be confirmed
be ordered by
authorities, Member States
detention is ordered
by judicial authorities within 72
administrative
shall provide for a speedy
by administrative
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hours from the beginning of the
authorities, in which
judicial review of the
authorities,
detention. Where the judicial
case the detention
lawfulness of detention
Member States
authority finds detention to be
order
shall be
conducted ex officio and/or
shall provide for a
unlawful, or there is no decision
confirmed by judicial
on the request of the
speedy judicial review
within 72 hours, the asylum
authorities within 72
applicant. The review of
of the lawfulness of
seeker concerned shall be
hours from the
the lawfulness of detention
detention conducted
released immediately.
beginning of the
shall be decided on as
ex officio and/or on
detention. Where the
speedily as possible from the
the request of the
judicial authority
beginning of detention in the
applicant.
The
finds detention to be
case of the
ex officio review.
review of the
unlawful, or there is
In the case of a review on the
lawfulness of
no decision within
request of the applicant, the
detention shall be
that 72
hour period,
lawfulness of the detention
decided on as speedily
the asylum seeker
shall be subject to a review to
as possible from the
concerned shall be
be decided on as speedily as
beginning of detention
released immediately.
possible after the launch of
in the case of the
ex
the relevant proceedings. To
officio review. In the
this end, Member States
case of a review on
shall define in national law a
the request of the
[…]
period within
applicant, the
which the ex officio review
lawfulness of the
and/or the review on request
detention shall be
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of the applicant shall be
subject to a review to
conducted.
be decided on as
speedily as possible
after the launch of the
relevant proceedings.
To this end,
Member States shall
define in national law
a […] period
within which the ex
officio review and/or
the review on request
of the applicant shall
be conducted.
Detained asylum
seekers shall
immediately be
informed in writing
of the reasons for
detention and the
procedures laid
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down in national law
for challenging the
detention order and
the possibility to
request free legal
assistance and
representation
[…]
, in a
language
they
understand
[…]
or
are
[…]
reasonably
supposed to
understand.
[…]
.
[…] The applicant
[…]
The
concerned shall be released
applicant
immediately
if the
concerned shall be
detention is not lawful
.
released
immediately
if the detention is
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not lawful
.
3.
Detention shall be ordered in 3.
Detention shall be 3.
Detention shall be ordered in 3.
Detention shall be
writing. The detention order
ordered in writing.
writing. The detention order
ordered in writing.
shall state the reasons in fact
The detention order
shall state the reasons in fact
The detention order
and in law on which it is based
shall state the reasons
and in law on which it is
shall state the reasons
and the procedures laid down in
in fact and in law on
based .
in fact and in law on
national law for challenging it,
which it is based
,
which it is based
in a language the asylum seeker
shall specify the
.
understands or is reasonably
maximum period of
supposed to understand. It shall
detention and the
immediately be provided to the
procedures laid down
detained asylum seeker.
in national law for
challenging it, in a
language the asylum
seeker understands or
is reasonably
supposed to
understand. It shall
immediately be
provided to the
detained asylum
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seeker.
Detained asylum seekers
Detained asylum seekers
shall immediately be
shall immediately be
informed of the reasons for
informed of the reasons for
detention and the procedures
detention and the procedures
laid down in national law for
laid down in national law for
challenging the detention
challenging the detention
order […] , in a
order
[…]
, in a
language
they
language
they
understand […] or
understand
[…]
or
are […] reasonably
are
[…]
reasonably
supposed to understand.
supposed to understand.
[…] .
[…]
.
4.
Detention shall be reviewed by 4.
Detention shall be 4.
Detention shall be reviewed Take Council text
for
a judicial authority at reasonable
reviewed by a judicial
by a judicial authority at paragraph 4.
intervals of time, either ex
authority at reasonable intervals of time,
officio or on request by the
reasonable intervals of
[…] ex officio
asylum seeker concerned, in
time, either ex officio
and/ or on request by
particular whenever it is of a
or on request by the
the asylum seeker concerned,
prolonged duration or relevant
asylum seeker in particular whenever it is of
circumstances arise or new
concerned, in a prolonged duration or
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information becomes available
particular whenever it
relevant circumstances arise
which may affect the lawfulness
is of a prolonged
or new information becomes
of detention.
duration or relevant
available which may affect
circumstances arise or
the lawfulness of detention.
new information
becomes available
which may affect the
lawfulness of
detention.
5.
In cases of an appeal or review 5.
[...] Member States 5.
In cases of […] 5.
In cases of
of the detention order, Member
shall ensure that
a
review
of the
[…]
a
States shall ensure that asylum
asylum seekers have
detention order provided
review
of the
seekers have access to free legal
access to free legal
for in paragraph 2 ,
detention order
assistance and representation,
assistance and Member States shall ensure
provided for in
where they cannot afford the
representation, where
that asylum seekers have
paragraph 2 ,
costs involved and in so far as it
they cannot afford the
access to free legal assistance
Member States shall
is necessary to ensure their
costs involved and in
and representation .
ensure that asylum
effective access to justice.
so far as it is
seekers have access to
necessary to ensure
free legal assistance
their effective access
and representation .
to justice.
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Legal assistance and
Legal assistance and
This shall include, at least, This shall include, at least, the
representation shall include, at
representation shall
the preparation of the preparation of the required
least, the preparation of the
include, at least, the
required procedural
procedural documents and
required procedural documents
preparation of the
documents and participation participation in the hearing
and representation before the
required procedural
in the hearing before the before the judicial authorities
judicial authorities.
documents and judicial authorities on behalf on behalf of the
representation before
of the applicant.
applicant.
the judicial
authorities.
Legal assistance and
Legal assistance and
Free legal assistance and Free legal assistance and
representation may be restricted
representation may be
representation
shall be
representation shall be
to legal advisers or counsellors
provided by provided by such persons as provided by
such suitably
specifically designated by
specialised, suitably
admitted or permitted under
qualified persons as admitted
national law to assist and
qualified and national law.
or permitted under national
represent asylum seekers.
impartial
legal
law w
hose interests do not
advisers
, counsellors
conflict or could not
or NGOs specifically
potentially conflict with those
designated by national
of the asylum seekers..
law to assist and
represent asylum
seekers.
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6.
Member States may also Take Council text
for
provide that free legal paragraph 6
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 for
international
protection.
[…]
[…]
7 […] . Member States 7
[…] .
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may also:
Member States
may also:
(a) impose monetary and
(a) impose
[…] time limits
monetary and
/or
on the provision of free
[…] time
legal assistance and
limits on the
representation,
provision of free
provided that such
legal assistance
limits do not arbitrarily
and
restrict access to the
representation,
provision of legal
provided that
[…]
assistance
such limits do
and representation;
not arbitrarily
restrict access to
the provision of
legal […]
assistance and
representation;
(b) provide that, as regards
(b) provide that, as
fees and other costs
,
regards fees and
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the treatment of
other costs
, the
applicants shall not be
treatment of
more favorable than the
applicants shall
treatment generally
not be more
accorded to their
favorable than
nationals in matters
the treatment
pertaining to legal
generally
assistance
[…]
accorded to
.
their nationals
in matters
pertaining to
legal assistance
[…]
.
8 […] . Member States Take Council text
for
may demand to be
paragraph 8.
reimbursed wholly or
partially for any expenses
granted if and when the
applicant's financial situation
has improved considerably or
if the decision to grant such
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benefits was taken on the
basis of false information
supplied by the applicant.
Procedures for access to legal assistance Procedures for access to legal 9 […] . Procedures for Take Council text
for
and representation in such cases shall be assistance and representation
laid down in national law.
in such cases shall be laid
access to legal assistance and paragraph 9.
down in national law.
representation in […]
such
cases
as
referred to above
[…] shall be laid down
in national law. […]
Article 10
Article 10
Article 10
Conditions of detention
Detention conditions
Conditions of detention
1.
Detention shall only take place 1.
Member States shall 1.
Detention shall […] 1.
Detention shall
in specialised detention
not detain asylum
take place as a rule in
[…] take place
facilities.
seekers in prison
specialised detention as a rule in
accommodation.
facilities.
Where a
specialised detention
Detention shall only
Member State […]
facilities. Where a
take place in
cannot provide
Member State
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specialised detention
accommodation in a
[…]
cannot
facilities.
specialised detention facility
provide
and is obliged to resort to
accommodation in a
prison accommodation, the
specialised detention
asylum seeker in detention
facility and is obliged
shall be kept separately
from
to resort to prison
ordinary prisoners.
accommodation, the
asylum seeker in
detention shall be kept
separately
from
ordinary prisoners.
and the detention
conditions provided
in this Directive shall
apply.
Asylum seekers in detention
Asylum seekers in
[…]
As far as possible, asylum
shall be kept separately from
detention shall be
held
seekers in detention shall be
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other third country nationals
separately from other
kept separately from other
who have not lodged an
third country nationals
third country nationals who
application for international
who have not lodged
have not lodged an
protection unless it is necessary
an application for
application for international
to ensure family unity and the
international
protection.
applicant consents thereto.
protection unless it is
necessary to ensure
family unity and the
When asylum seekers cannot
applicant consents
be detained separately from
thereto.
other third country
nationals, the Member State
shall ensure that the
detention conditions
provided in this Directive
apply.
2.
Detained asylum seekers shall 2.
Detained asylum
2.
Detained asylum seekers Identical
have access to open-air spaces.
seekers shall have
shall have access to open-air
access to open-air
spaces.
spaces.
3.
Member States shall ensure that 3.
Member States shall 3.
Member States shall ensure 3.
Member States shall
persons representing the United
ensure that persons
that persons representing the
ensure that persons
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Nations High Commissioner for
representing the
United Nations High
representing the
Refugees have the possibility to
United Nations High
Commissioner for Refugees
United Nations High
communicate with applicants
Commissioner for
have the possibility to
Commissioner
for
and to have access to detention
Refugees have the
communicate with applicants
Refugees have the
facilities. This also applies to an
possibility to and to have access to
possibility to
organisation which is working
communicate with
detention facilities. This also
communicate with
in the territory of the Member
and visit applicants
in
applies to an organisation
and visit applicants
in
State concerned on behalf of the
conditions that fully
which is working in the
conditions that
United Nations High
respect privacy in
territory of the Member State
respect privacy and
Commissioner for Refugees
detention facilities.
concerned on behalf of the
to have access to
pursuant to an agreement with
This also applies to an
United Nations High
detention facilities.
that Member State.
organisation which is
Commissioner for Refugees
This also applies to an
working in the
pursuant to an agreement
organisation which is
territory of the
with that Member State.
working in the
Member State
territory of the
concerned on behalf
Member State
of the United Nations
concerned on behalf
High Commissioner
of the United Nations
for Refugees pursuant
High Commissioner
to an agreement with
for Refugees pursuant
that Member State.
to an agreement with
that Member State.
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4.
Member States shall ensure that 4.
Member States shall 4.
Member States shall ensure 4.
Member States shall
family members, legal advisers
ensure that family
that family members, legal
ensure that family
or counsellors and persons
members, legal advisers or counsellors and
members, legal
representing relevant non-
advisers or persons representing relevant
advisers or
governmental organisations
counsellors
, legal
non-governmental
counsellors and
recognised by the Member State
representatives and
organisations recognised by
persons representing
concerned, have the possibility
persons representing
the Member State concerned,
relevant non-
to communicate with applicants
relevant non-
have the possibility to
governmental
and have access to detention
governmental
communicate with applicants
organisations
facilities. Limits to access may
organisations
[...]
and have access to detention
recognised by the
be imposed only where, by
have the possibility to
facilities. Limits to access
Member State
virtue of national law, they are
communicate with
may be imposed only where,
concerned, have the
objectively necessary for the
and visit applicants
in
by virtue of national law, they
possibility to
security, public order or
conditions that fully
are objectively necessary for
communicate with
administrative management of
respect privacy.
the security, public order or
and visit applicants
in
the detention facility, provided
administrative management
conditions that
that access is not thereby
of the detention facility,
respect privacy and
severely limited or rendered
provided that access is not
have access to
impossible.
thereby severely limited or
detention facilities.
rendered impossible.
Limits to access may be
imposed only where,
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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
limited or rendered
impossible.
3.
Member States shall
EP AM not taken up because
ensure that asylum
already covered by Article 19.
seekers held in
detention have access
to appropriate
medical treatment
and psychological
counselling where
appropriate.
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5.
Member States shall ensure that 5.
Member States shall 5.
Member States shall ensure Take Council text
for
asylum seekers in detention are
ensure that asylum
that asylum seekers in paragraph 5.
systematically provided with
seekers in detention
detention are systematically
information which explains the
are systematically
provided with information
rules applied in the facility and
provided with which explains the rules
sets out their rights and
information which
applied in the facility and sets
obligations in a language they
explains the rules
out their rights and
understand or are reasonably
applied in the facility
obligations in a language they
supposed to understand.
and sets out their
understand or are reasonably
rights and obligations
supposed to understand.
in a language
which
Member States may
they
understand or
derogate from this obligation
may reasonably
be
in duly justified cases and for
presumed
to
a reasonable period which
understand.
shall be as short as possible
when the asylum seeker is
detained at a border or in a
transit zone . This
derogation shall not apply in
[…] cases referred
to in Article 43 of Directive
[…/…/EU] [the Asylum
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Procedures Directive].
6.
In duly justified cases and for a
[...]
[…]
[…]
reasonable period which shall
be as short as possible Member
States may derogate:
(a) from the first
[...]
[…]
[…]
subparagraph of
paragraph 1 where
accommodation in
specialised detention
facilities is temporarily
not available and, as a
consequence, Member
States are obliged to resort
to prison accommodation,
provided that asylum
seekers in detention are
kept separately from
ordinary prisoners;
unaccompanied minors
shall not, however, be
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kept in prison
accommodation;
(b)
from paragraph 5 when
[...]
[…]
[…]
the asylum seeker is
detained at a border post
or in a transit zone with
the exception of cases
referred to in Article 43 of
Directive […/…/EU] [the
Asylum Procedures
Directive].
Article 11
Article 11
Article 11
Detention of vulnerable persons and
Detention of vulnerable
Detention of vulnerable persons and
persons with special reception needs
persons and persons with
persons with special reception needs
special reception needs
1.
In all cases, vulnerable persons 1.
In all cases,
1.
The health, including the Take Council text for
shall not be detained unless it is
vulnerable persons
mental health, of applicants paragraph 1.
established that their health,
shall not be detained
in detention […]
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including their mental health,
unless it is established
who are vulnerable persons
and well-being, will not
following an shall be of primary concern to
significantly deteriorate as a
individual
national authorities.
result of the detention.
examination of their
[…]
situation by a
qualified and
independent
professional that their
health, including their
mental health, and
well-being, will not
significantly
deteriorate as a result
of the detention.
Where vulnerable persons are
Where vulnerable
Where vulnerable persons are Identical
detained, Member States shall
persons are detained,
detained, Member States shall
ensure regular monitoring and
Member States shall
ensure regular monitoring
adequate support taking into
ensure
regular
and adequate support taking
account their particular situation
monitoring and into account their particular
including their health.
adequate support
situation including their
taking into account
health.
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their particular
situation including
their health.
2.
Minors shall not be detained 2.
Minors shall not be 2.
Minors shall only
2.
Minors
shall
unless it is established in an
detained unless it is
in
[…]
[…] be
only
[…]
individual case that it is in the
their best interests, as
detained […] as a
[…] be detained
minor's best interests, as
prescribed in Article
measure of last resort and
[…] as a
prescribed in Article 23(2).
23(2) and only after
for the shortest period of
measure of last resort
taking into time
[…]
and
after having
consideration the
[…] .
established that
findings of the
other less coercive
individual
alternative measures
examination of their
cannot be applied
situation in
effectively. It shall be
accordance with
and for the shortest
paragraph 5 of this
period of time
Article.
[…] […]
and all efforts shall
be made to release
the detained minors
and place them in
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accommodation
suitable for minors.
Detention of minors shall be a
Detention of minors
Unaccompanied minors
Unaccompanied
measure of last resort, after
shall be a measure of
shall be detained only in
minors shall be
having established that other
last resort, after
[…]
particular
detained only in
less coercive
alternative
having established
circumstances. All efforts
[…]
measures cannot be applied
that other less
shall be made to release the
exceptional
effectively. It shall be for as
coercive alternative
detained unaccompanied
particular
short a period as possible and all
measures cannot be
minor as soon as possible.
circumstances. All
efforts shall be made to release
applied effectively. It
[…]
efforts shall be made
the detained minors and place
shall be for as short a
to release the detained
them in accommodation suitable
period as possible and
unaccompanied minor
for minors.
all efforts shall be
as soon as possible.
made to release the
[…]
detained minors and
place them in
accommodation
suitable for minors.
The minor's best interests, as
The minor's best
prescribed in Article 23(2),
interests, as
shall be a primary
prescribed in Article
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consideration.
23(2), shall be a
primary consideration.
Unaccompanied minors
Unaccompanied
shall not be kept in prison
minors shall not be
accommodation.
kept in prison
accommodation.
Unaccompanied
minors shall as far as
possible be provided
with accommodation
in institutions
provided with
personnel and
facilities which take
into account the
needs of persons of
their age.
Detention of unaccompanied
Unaccompanied
[…]
EP AM not taken up because
minors shall be resorted to only
minors shall never be
already covered elsewhere in
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in particularly exceptional
detained. Where
this paragraph (leisure
cases.
minors are detained
activities) respectively in
they shall have the
Article 10(2) (open air
possibility of
activities).
engaging in leisure-
activities, including
play and recreational
activities appropriate
to their age, and
open-air activities.
Where minors are detained, they
Where minors are
Where minors are detained, EP AM not taken up because
shall have the possibility to
detained, they shall
they shall have the possibility already covered in Article
engage in leisure-activities,
have the possibility
of
to engage in leisure-activities, 10(2).
including play and recreational
engaging in leisure-
including play and
Where minors are
activities appropriate to their
activities, including
recreational activities detained, they shall
age.
play and recreational
appropriate to their age.
have the possibility to
activities appropriate
engage in leisure-
to their age
, and
activities, including
open-air activities.
play and recreational
activities appropriate
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to their age.
Minors shall have access to
Minors shall have
[…]
[…]
open-air spaces.
access to open-air
spaces.
Where unaccompanied minors
[...]
Where unaccompanied
Where unaccompanied minors
are detained, Member States
minors are detained, Member are detained, Member States
shall ensure that they are
States shall ensure that they shall ensure that they are
accommodated separately from
are accommodated separately accommodated separately from
adults.
from adults.
adults.
3.
Detained families shall be 3.
Detained families
3.
Detained families shall be Take Council text
for
provided with separate
shall be provided with
provided with separate
paragraph 3
accommodation guaranteeing
separate
accommodation guaranteeing
adequate privacy.
accommodation
adequate privacy.
ensuring
adequate
privacy.
4.
Where female asylum seekers 4.
Where female asylum 4.
Where female asylum seekers Take Council text
for
are detained, Member States
seekers are detained,
are detained, Member States paragraph 4.
shall ensure that they are
Member States shall
shall ensure that they are
accommodated separately from
ensure that they are
accommodated separately
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male asylum seekers, unless
accommodated
from male asylum seekers,
these are family members and
separately from male
unless these are family
all concerned individuals
asylum seekers,
members and all concerned
consent thereto.
unless
they are family
individuals consent thereto.
members and all
concerned individuals
consent thereto.
Exceptions may also apply for
Exceptions may also
Exceptions may also apply
the use of common spaces
apply for the use of
for the use of common spaces
designed for recreational or
common spaces
designed for recreational or
social activities including the
designed for social activities including the
provision of meals.
recreational or social
provision of meals.
activities including
the provision of
meals.
When using
these common spaces
Member States shall
ensure the physical
and psychological
integrity of female
asylum seekers.
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5.
In duly justified cases and for a 5.
In duly justified cases 5.
In duly justified cases and for Identical
reasonable period that shall be
and for a reasonable
a reasonable period that shall
as short as possible Member
period that shall be as
be as short as possible
States may derogate from the
short as possible
Member States may derogate
fourth subparagraph of
Member States may
from the fourth subparagraph
paragraph 2, paragraph 3 and
derogate from the
of paragraph 2, paragraph 3
the first subparagraph of
fourth subparagraph
and the first subparagraph of
paragraph 4, when the asylum
of paragraph 2,
paragraph 4, when the asylum
seeker is detained at a border
paragraph 3 and the
seeker is detained at a border
post or in a transit zone, with
first subparagraph of
post or in a transit zone, with
the exception of cases referred
paragraph 4, when the
the exception of cases
to in Article 43 of Directive
asylum seeker is
referred to in Article 43 of
[…/…/EU] [the Asylum
detained at a border
Directive […/…/EU] [the
Procedures Directive].
post or in a transit
Asylum Procedures
zone, with the
Directive].
exception of cases
referred to in Article
43 of Directive
[…/…/EU] [the
Asylum Procedures
Directive].
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Article 12 8
Article 12
Article 12 8
Families
Families
Families
Member States shall take appropriate Member States shall take Member States shall take appropriate EP suggestions for linguistic
measures to maintain as far as possible appropriate measures to
measures to maintain as far as possible changes not admissible.
family unity as present within their maintain as far as possible
the family unity as present within their
territory, if applicants are provided with family unity
of asylum seekers territory, if applicants are provided
housing by the Member State concerned. present
in their territory, if
they with housing by the Member State
Such measures shall be implemented are provided with housing by concerned. Such measures shall be
with the asylum seeker's agreement.
the Member State concerned. implemented with the asylum seeker's
Such measures shall be agreement.
implemented with the asylum
seeker's agreement.
Article 13 9
Article 13
Article 13 9
Medical screening
Medical screening
Medical screening
Member States may require medical Member States may require Member States may require medical Identical
screening for applicants on public health medical screening for
screening for applicants on public
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grounds.
applicants on public health health grounds.
grounds.
Article 14 10
Article 14
Article 14 10
Schooling and education of minors
Schooling and education of
Schooling and education of minors
minors
1.
Member States shall grant to 1.
Member States shall 1.
Member States shall grant to EP AM not admissible
minor children of asylum
grant to minor
minor children of asylum
seekers and to asylum seekers
children of asylum
seekers and to asylum seekers
who are minors access to the
seekers and to asylum
who are minors access to the
education system under similar
seekers who are
education system under
conditions as nationals of the
minors access to the
similar conditions as
host Member State for so long
education system
nationals of the host Member
as an expulsion measure against
under similar State for so long as an
them or their parents is not
conditions as expulsion measure against
actually enforced. Such
nationals of the host
them or their parents is not
education may be provided in
Member State for so
actually enforced. Such
accommodation centres.
long as an expulsion
education may be provided in
measure against them
accommodation centres.
or their parents is not
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actually enforced.
Such education may
be provided in
accommodation
centres.
Member
States shall support
full access to
education systems
and support the
minor in learning the
language of the
Member State, hence
contributing to its
integration in the
host society.
The Member State concerned
The Member State
The Member State concerned Identical
may stipulate that such access
concerned may may stipulate that such access
must be confined to the State
stipulate that such
must be confined to the State
education system.
access must be
education system.
confined to the State
education system.
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Minors shall be younger than
Member States shall
Minors shall be younger than Identical
the age of legal majority in the
not withdraw the age of legal majority in
Member State in which the
secondary education
the Member State in which
application for asylum was
for the sole reason
the application for
lodged or is being examined.
that the minor has
asylum was lodged or is
Member States shall not
reached the age of
being examined. Member
withdraw secondary education
majority.
States shall not withdraw
for the sole reason that the
secondary education for the
minor has reached the age of
sole reason that the minor has
majority.
reached the age of majority.
2.
Access to the education system 2.
Access to the
2.
Access to the education 2.
Access to the
shall not be postponed for more
education system
system shall not be postponed
education system shall
than three months from the date
shall be ensured as
for more than three months
not be postponed for
the application for
soon as possible once
from the date the application
more than three
international
the application for
for
international
months from the date
protection asylum
was
international
protection asylum
was
the application for
lodged by or on behalf of
protection has been
lodged by or on behalf
international
the minor or the minor's parents.
lodged by or on
of the minor or the minor's
protection asylum
This period may be extended to
behalf of the minor
parents. This period may be
was lodged by or
one year where specific
and, in any event,
extended to one year where
on behalf of the
education is provided in order to
shall not be postponed
specific education is provided
minor or the minor's
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facilitate access to the education
for more than three
in order to facilitate access to
parents. This period
system.
months from the date
the education system.
may be extended to
on which the
one year where
application for
specific education is
international
provided in order to
protection was lodged
facilitate access to the
[...].
education system.
Preparatory classes, including
Preparatory classes,
Preparatory classes, including
Preparatory classes,
language classes, shall be
including language
language classes, shall be
including language
provided to minors where it is
classes, shall be
provided to minors where it is
classes, shall be
necessary to facilitate their
provided to minors
necessary to facilitate their
provided to minors
access and integration to the
[...] to facilitate their
access
[…] to the
where it is necessary
national education system.
access and integration
national education system
to facilitate their
to the national
as set out in paragraph 1
access
and
education system.
.
participation to the
national education
system as set out in
paragraph 1
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3.
Where access to the education 3.
Where access to the 3.
Where
access to the
Take Council text
for
system as set out in paragraph 1
education system as
education system as set out in paragraph 3.
is not possible due to the
set out in paragraph 1
paragraph 1 is not possible
specific situation of the minor,
is not possible due to
due to the specific situation
the Member State shall
the specific situation
of the minor, the Member
may offer other education
of the minor, the
State shall may offer
arrangements in accordance
Member State shall
other education arrangements
with national law and
offer other in accordance with
practices .
educational
national law and practices .
arrangements in
accordance with
national law and
practice.
Article 15 11
Article 15
Article 15 11
Employment
Employment
Employment
1.
Member States shall determine
1.
Member States shall
a period of time, starting from
determine a period of time,
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the date on which an application
starting from the date on
for asylum was lodged during
which an application for
which an applicant shall not
asylum was lodged during
have access to the labour
which an applicant shall not
market.
have access to the labour
market.
1.
Member States shall ensure that 1.
Member States shall 1.
Member States shall ensure 1.
Member States shall
applicants have access to the
ensure that applicants
that applicants have access to
ensure that applicants
labour market no later than 6
have access to the
the labour market no later
have access to the
months following the date when
labour market no later
than […] 12
labour market no later
the application for international
than
six
months
months following the date
than […]
9
protection was lodged.
following the date
when the application for
12
months
when the application
international protection was
following the date
for international
lodged if a first instance
when the application
protection was decision by the competent
for international
lodged.
authority has not been taken
protection was lodged
and this delay cannot be
if a first instance
attributed to the applicant .
decision by the
competent authority
has not been taken
and this delay cannot
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be attributed to the
applicant .
Member States may extend that
[...]
[…]
[…]
time limit for a period not
exceeding a further six months,
in the cases provided for in
points (b) and (c) of Article
31(3)of Directive […/…/EU]
[the Asylum Procedures
Directive].
2.
If a decision at first instance has 2.
Member States shall 2.
If a decision at first instance Take Council text for
not been taken within one year
decide the conditions
has not been taken within one paragraph 2.
of the presentation of an
for granting access to
year of the presentation of an
application for asylum and this
the labour market for
application for asylum and
delay cannot be attributed to the
the applicant, in
this delay cannot be attributed
applicant, Member States shall
accordance with their
to the applicant, Member
decide the conditions for
national
legislation,
States shall decide the
granting access to the labour
without unduly
conditions for granting access
market for the applicant , in
restricting asylum
to the labour market for the
accordance with their national
seekers' access to the
applicant , in accordance
law, while ensuring asylum
labour market. with their national law, while
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seekers have effective access to
Member States shall
ensuring asylum seekers have
the labour market. .
report to the
effective access to the labour
Commission, EASO
market.
and the European
Parliament about the
realities of asylum
seekers access to the
labour market in a
two-year period.
For reasons of labour market Take Council text for
policies, Member States may paragraph 2.
give priority to EU citizens
and nationals of States parties
to the Agreement on the
European Economic Area and
also to legally resident third-
country nationals.
3.
Access to the labour market 3.
Access to the labour 3.
Access to the labour market EP suggestions on linguistic
shall not be withdrawn during
market shall not be
shall not be withdrawn during changes not admissible.
appeals procedures, where an
withdrawn during
appeals procedures, where an
appeal against a negative
appeals procedures,
appeal against a negative
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decision in a regular procedure
where an appeal
decision in a regular Take Council text for
has suspensive effect, until such
against a negative
procedure has suspensive paragraph 3.
time as a negative decision on
decision in
an
effect, until such time as a
the appeal is notified.
ordinary procedure
negative decision on the
has suspensive effect,
appeal is notified.
until such time as a
negative decision on
the appeal is
issued.
4.
For reasons of labour market
4.
For reasons of labour market
policies, Member States may
policies, Member States may
give priority to EU citizens and
give priority to EU citizens
nationals of States parties to the
and nationals of States parties
Agreement on the European
to the Agreement on the
Economic Area and also to
European Economic Area and
legally resident third-country
also to legally resident third-
nationals.
country nationals.
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Identical
Article 16 12
Article 16
Article 16 12
Vocational training
Vocational training
Vocational training
Member States may allow asylum Member States may allow Member States may allow asylum
seekers access to vocational training asylum seekers access to seekers access to vocational training
irrespective of whether they have access vocational training irrespective irrespective of whether they have
to the labour market.
of whether they have access to access to the labour market.
the labour market.
Access to vocational training relating to Access to vocational training Access to vocational training relating
an employment contract shall depend on relating to an employment to an employment contract shall
the extent to which the applicant has contract shall depend on the depend on the extent to which the
access to the labour market in extent to which the applicant applicant has access to the labour
accordance with Article 15 11.
has access to the labour market market in accordance with Article 15
in accordance with Article 15. 11.
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Article 17 13
Article 17
Article 17 13
General rules on material reception
General rules on material
General rules on material reception
conditions and health care
reception conditions and health
conditions and health care
care
1.
Member States shall ensure that 1.
Member States shall 1.
Member States shall ensure Identical
material reception conditions
ensure that material
that material reception
are available to applicants when
reception conditions
conditions are available to
they make their application for
are available to
applicants when they make
asylum
international
applicants when they
their application for asylum
protection .
make their application
international protection .
for international
protection.
2.
Member States shall ensure 2.
Member States shall 2.
Member States shall
EP suggestions on linguistic
that make provisions on
ensure that material
ensure that make changes not admissible.
material reception conditions
reception conditions
provisions on
material
provide an adequate to
provide an adequate
reception conditions
ensure a
standard of
standard of living for
provide an adequate
living for applicants for
applicants, which
to ensure a standard of
international protection, which
ensures
their
living for applicants for
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guarantees their subsistence and
subsistence and
international protection,
protects their physical and
protects their physical
which guarantees their
mental health adequate for
and mental health.
subsistence and protects their
the health of applicants and
physical and mental
capable of ensuring their
health adequate for the
subsistence.
health of applicants and
capable of ensuring their
subsistence.
Member States shall ensure that
Member States shall
Member States shall ensure EP suggestions on linguistic
that standard of living is met in
ensure that
such a
that that standard of living is changes not admissible.
the specific situation of
standard of living is
met in the specific situation
vulnerable persons who
provided
in the
of vulnerable persons
have special needs, in
specific situation of
who have special needs, in
accordance with Article
vulnerable persons, in
accordance with Article
21 17, as well as in
accordance with
21 17, as well as in
relation to the situation of
Article 21, as well as
relation to the situation of
persons who are in detention.
in relation to the
persons who are in detention.
situation of persons
who are in detention.
3.
Member States may make the 3.
Member States may 3.
Member States may make the EP suggestions on linguistic
provision of all or some of the
make the provision of
provision of all or some of
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material reception conditions
all or some of the
the material reception
changes not admissible.
and health care subject to the
material reception
conditions and health care
condition that applicants do not
conditions and health
subject to the condition that
have sufficient means to have a
care subject to the
applicants do not have
standard of living adequate for
condition that sufficient means to have a
their health and to enable their
applicants do not have
standard of living adequate
subsistence.
sufficient means to
for their health and to enable
have a standard of
their subsistence.
living adequate for
their health and to
ensure
their
subsistence.
4.
Member States may require 4.
Member States may 4.
Member States may require Identical
applicants to cover or contribute
require applicants to
applicants to cover or
to the cost of the material
cover or contribute to
contribute to the cost of the
reception conditions and of the
the cost of the
material reception conditions
health care provided for in this
material reception
and of the health care
Directive, pursuant to the
conditions and of the
provided for in this Directive,
provision of paragraph 3, if the
health care provided
pursuant to the provision of
applicants have sufficient
for in this Directive,
paragraph 3, if the applicants
resources, for example if they
pursuant to the
have sufficient resources, for
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have been working for a
provision of example if they have been
reasonable period of time.
paragraph 3, if the
working for a reasonable
applicants have
period of time.
sufficient resources,
for example if they
have been working for
a reasonable period of
time.
If it transpires that an applicant
If it transpires that an
If it transpires that an EP suggestions on linguistic
had sufficient means to cover
applicant had applicant had sufficient
changes not admissible.
material reception conditions
sufficient means to
means to cover material
and health care at the time when
cover material reception conditions and
these basic needs were being
reception conditions
health care at the time when
covered, Member States may
and health care at the
these basic needs were being
ask the asylum seeker for a
time when
those basic
covered, Member States may
refund.
needs were being
met,
ask the asylum seeker for a
Member States may
refund.
ask the asylum seeker
for a refund.
5.
Material reception conditions
5.
Material reception conditions
may be provided in kind, or in
may be provided in kind, or
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the form of financial allowances
in the form of financial
or vouchers or in a combination
allowances or vouchers or in
of these provisions
a combination of these
provisions
Where Member States provide
Where Member States
material reception conditions in
provide material reception
the form of financial allowances
conditions in the form of
or vouchers, the amount thereof
financial allowances or
shall be determined in
vouchers, the amount thereof
accordance with the principles
shall be determined in
set out in this Article.
accordance with the
principles set out in this
Article.
5.
Material reception
EP AM not taken up because
conditions may be
already adequately covered by
provided in kind or in
definition 2(g).
the form of financial
allowances or
vouchers or in a
combination of the
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three elements.
5.
Where Member States provide 5.
Where Member States 5.
Where Member States
Article 17(5) in combination
material reception conditions in
provide material
provide material reception with recital (20).
the form of financial allowances
reception conditions
conditions in the form of
and vouchers, the amount
in the form of
financial allowances and
thereof shall be determined on
financial allowances
vouchers, the amount thereof Take Council text for
the basis of the point(s) of
and vouchers, the
shall be determined on the paragraph 5.
reference established by the
amount thereof shall
basis of the […]
Member State concerned either
be determined on the
level(s) established by .
by law or practice to ensure
basis of the point(s) of
the Member State concerned
adequate standards of living for
reference established
either by law or practice to
nationals, such as the minimum
by the Member State
ensure adequate standards of
level of social welfare
concerned either by
living for nationals […] .
assistance. Member States may
law or practice to
Member States may grant less
grant less favourable treatment
ensure adequate
favourable treatment to
to asylum applicants compared
standards of living for
asylum
seekers
to nationals in this respect,
nationals.
This shall
[…] compared to
where it is duly justified.
at least cover
nationals in this respect
adequate
[…] , in particular
accommodation,
where material support is
food, and, where
partially provided in kind or
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applicable, education,
where the abovementioned
as well as health care
[…] level(s) ,
in accordance with
applied for nationals, aim to
this Directive. This
ensure a standard of living
does not entail that
higher than what is prescribed
the amount granted
for asylum seekers under this
should be the same as
Directive .
for nationals. Member States may
grant less favourable
treatment to asylum
applicants compared
to nationals in this
respect
[...].
Article 18 14
Article 18
Article 18 14
Modalities for material reception
Modalities for material
Modalities for material reception
conditions
reception conditions
conditions
1.
Where housing is provided in 1.
Where housing is 1.
Where housing is provided in Identical
kind, it should take one or a
provided in kind, it
kind, it should take one or a
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combination of the following
should take one or a
combination of the following
forms:
combination of the
forms:
following forms:
(a) premises used for the
(a) premises used
(a) premises used for the EP AM not admissible.
purpose of housing
for the purpose
purpose of housing
applicants during the
of housing
applicants during the
examination of an
applicants
examination of an
application for
during the
application for
international
examination of
international
protection
asylum
an application
protection
asylum
lodged made at the
for international
lodged made at
border or in transit
protection made
the border or in
zones ;
at the border or
transit zones ;
in transit zones
for a maximum
period of four
weeks;
(b) accommodation centres
(b) accommodation
(b) accommodation centres Identical
which guarantee an
centres which
which guarantee an
adequate standard of
guarantee an
adequate standard of
adequate
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living;
standard of
living;
living;
(c) private houses, flats,
(c) private houses,
(c) private houses, flats, Identical
hotels or other premises
flats, hotels or
hotels or other premises
adapted for housing
other premises
adapted for housing
applicants.
adapted for
applicants.
housing
applicants.
2.
Without prejudice to any 2.
Without prejudice to 2.
Without prejudice to any Identical
specific conditions of detention
any specific specific conditions of
as stipulated in Articles 10 and
conditions of detention as stipulated in
11, in relation to housing
detention as stipulated
Articles 10 and 11, in
referred to in paragraph 1(a), (b)
in Articles 10 and 11,
relation to housing referred to
and (c), Member States shall
in relation to housing
in paragraph 1(a), (b) and
ensure that applicants provided
referred to in
(c), Member States shall
with the housing referred to in
paragraph 1(a), (b)
ensure that applicants
paragraph 1(a), (b) and (c) are
and (c), Member
provided with the housing
assured:
States shall ensure
referred to in paragraph 1(a),
that:
(b) and (c) are assured:
(a) applicants are (a) applicants are
(a) applicants are
Identical
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guaranteed protection
guaranteed
guaranteed
of their family life;
protection of
protection of their
their family life;
family life;
(b) applicants have the
(b) applicants have
(b) applicants have Identical
possibility of the possibility
the possibility of
communicating with
of
communicating with
relatives, legal advisers
communicating
relatives, legal advisers
or counsellors ,
with relatives,
or counsellors ,
persons
legal advisers or
persons
representing
and
counsellors,
representing
and
representatives of the
persons
representatives of the
United Nations High
representing the
United Nations High
Commissioner for
United Nations
Commissioner for
Refugees (UNHCR) and
High
Refugees (UNHCR)
other relevant national,
Commissioner
and other relevant
international and non-
for Refugees
national, international
governmental
(UNHCR) and
and non-governmental
organisations and
other relevant
organisations and
bodies
non
national,
bodies
non
governmental
international
governmental
organisations (NGOs)
and non-
organisations (NGOs)
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recognised by Member
governmental
recognised by Member
States.
organisations
States.
and bodies.
(c) Family members ,
(c) Family
(c)
Family members , Identical
legal advisers advisors or
members, legal
legal advisers advisors
counsellors of asylum
advisers or
or counsellors
of
seekers,
persons
counsellors,
asylum seekers,
representing
and
persons
persons
representatives of the
representing the
representing
and
United Nations High
United Nations
representatives of the
Commissioner for
High
United Nations High
Refugees
Commissioner
Commissioner for
(UNHCR)
for Refugees
Refugees
and
or
(UNHCR) and
(UNHCR)
relevant
non-
relevant non-
and
or
governmental
governmental
relevant
non-
organisations designated
organisations
governmental
by the latter and
recognised by
organisations
recognised by the Member
the Member
designated by the latter
State concerned
State concerned
and recognised by the
are
shall be
are granted
Member State
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granted access to
access in order
concerned are
accommodation centres
to assist the said
shall be granted access
and other housing
asylum seekers.
to accommodation
facilities in order to assist
Limits on such
centres and other
the said asylum seekers.
access may be
housing facilities in
Limits on such access
imposed only on
order to assist the said
may be imposed only on
grounds relating
asylum seekers. Limits
grounds relating to the
to the security
on such access may be
security of these
of these
imposed only on
premises the centres
premises and of
grounds relating to the
and facilities and of the
the asylum
security of these
asylum seekers.
seekers.
premises the centres
and facilities and of the
asylum seekers.
3.
Member States shall take into 3.
Member States shall 3.
Member States shall take into Identical
consideration gender and age
take into
consideration gender and age
specific concerns and the
consideration gender
specific concerns and the
situation of vulnerable persons
and age specific
situation of vulnerable
in relation to applicants within
concerns and the
persons in relation to
the premises and situation of vulnerable
applicants within the
accommodation centres referred
persons in relation to
premises and accommodation
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to in paragraph 1(a) and (b).
applicants within the
centres referred to in
premises and paragraph 1(a) and (b).
accommodation
centres referred to in
paragraph 1(a) and
(b).
4.
Member States shall take 4.
Member States shall 4.
Member States shall take 4.
Member States shall
appropriate measures to prevent
take appropriate
appropriate measures to
take appropriate
pay particular attention to
measures to prevent
prevent pay particular
measures to prevent
the prevention of assault
assault and gender
attention to the prevention of
pay particular
and gender based violence
based violence assault and gender based
attention to the
including sexual assault,
including sexual
violence including sexual
prevention of assault
within the premises and
assault, within the
assault, within the
and gender based
accommodation centres referred
premises and premises and accommodation
violence including
to in paragraph 1(a) and (b).
accommodation
centres referred to in
sexual assault
and
centres referred to in
paragraph 1(a) and (b).
harassment,
paragraph 1(a) and
within the premises
(b).
and accommodation
centres referred to in
paragraph 1(a) and
(b).
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In combination with Article
2(c) and 23(5) and recital
(18a).
4a. Member State 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 national practice
of the Member State
concerned.
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3.
Member States shall ensure, if
3.
Member States shall ensure,
appropriate, that minor children
if appropriate, that minor
of applicants or applicants who
children of applicants or
are minors are lodged with their
applicants who are minors are
parents or with the adult family
lodged with their parents or
member responsible for them
with the adult family member
whether by law or by custom.
responsible for them whether
by law or by custom.
5. 4.
Member States shall ensure that 5.
Member States shall 5.4.
Member States shall ensure Identical
transfers of applicants from one
ensure that transfers
that transfers of applicants
housing facility to another take
of applicants from one
from one housing facility to
place only when necessary.
housing facility to
another take place only when
Member States shall provide for
another take place
necessary. Member States
the possibility for applicants to
only when necessary.
shall provide for the
inform their legal Member States shall
possibility for applicants to
advisers advisors
or
provide for the
inform their legal
counsellors of the transfer
possibility for advisers advisors
or
and of their new address.
applicants to inform
counsellors of the transfer
their legal advisers or
and of their new address.
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counsellors of the
transfer and of their
new address.
6. 5.
Persons working in
6.
Persons working in 6.5.
Persons working in
EP suggestions for linguistic
accommodation centres shall be
accommodation
accommodation centres shall changes not admissible.
adequately trained and shall be
centres shall be
be adequately trained and
bound by the confidentiality
adequately trained and
shall be bound by the
principle as defined in the
shall be bound by the
confidentiality principle as
national law in relation to any
confidentiality
defined in the national law in
information they obtain in the
principle as defined in
relation to any information
course of their work.
the national law in
they obtain in the course of
relation to any
their work.
information
which
they obtain in the
course of their work.
7. 6.
Member States may involve 7.
Member States may 7.6.
Member States may involve Identical
applicants in managing the
involve applicants in
applicants in managing the
material resources and non-
managing the material
material resources and non-
material aspects of life in the
resources and non-
material aspects of life in the
centre through an advisory
material aspects of
centre through an advisory
board or council representing
life in the centre
board or council representing
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residents.
through an advisory
residents.
board or council
representing residents.
7.
Legal advisors or counsellors of
7.
Legal advisors or counsellors
asylum seekers and
of asylum seekers and
representatives of the United
representatives of the United
Nations High Commissioner for
Nations High Commissioner
Refugees or non-governmental
for Refugees or non-
organisations designated by the
governmental organisations
latter and recognised by the
designated by the latter and
Member State concerned shall
recognised by the Member
be granted access to
State concerned shall be
accommodation centres and
granted access to
other housing facilities in order
accommodation centres and
to assist the said asylum
other housing facilities in
seekers. Limits on such access
order to assist the said asylum
may be imposed only on
seekers. Limits on such
grounds relating to the security
access may be imposed only
of the centres and facilities and
on grounds relating to the
of the asylum seekers.
security of the centres and
facilities and of the asylum
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seekers.
8.
In duly justified cases, 8.
In duly justified cases, 8.
In duly justified cases, EP suggestions for linguistic
Member States may
Member States may
Member States may
changes not admissible.
exceptionally set modalities for
exceptionally
lay
exceptionally set modalities
material reception conditions
down rules
for
for material reception
different from those provided
material reception
conditions different from
for in this Article, for a
conditions
which are
those provided for in this
reasonable period which shall
different from those
Article, for a reasonable
be as short as possible, when:
provided for in this
period which shall be as short
Article, for a
as possible, when:
reasonable period
which shall be as
short as possible,
when:
(a) - an initial assessment of
(a) an assessment
(a) - an initial assessment of Identical
the specific needs of the
of the specific
the specific needs of the
applicant is required ,
needs of the
applicant is required
in accordance with Article
applicant is
, in accordance with
22 ,
required, in
Article 22 ,
accordance with
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Article 22,
-
material reception
-
material reception
Identical
conditions, as provided
conditions, as provided
for in this Article, are not
for in this Article, are
available in a certain
not available in a
geographical area,
certain geographical
area,
(b) - housing capacities (b) housing
(b) - housing capacities
Identical
normally available are
capacities
normally available are
temporarily exhausted,
normally
temporarily exhausted,
available are
temporarily
exhausted.
-
the asylum seeker is in
-
the asylum seeker is in
detention or confined to
detention or confined to
border posts.
border posts.
These different conditions shall
Such
different
These different conditions EP suggestion for linguistic
cover in any case basic needs.
conditions shall cover
shall cover in any case basic change not admissible.
in any case basic
needs.
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needs.
Article 19 15
Article 19
Article 19 15
Health care
Health care
Health care
1.
Member States shall ensure that 1.
Member States shall 1.
Member States shall ensure 1.
Member States shall
applicants receive the necessary
ensure that applicants
that applicants receive the
ensure that applicants
health care which shall include,
receive the necessary
necessary health care which
receive the necessary
at least, emergency care and
health care which
shall include, at least,
health care which
essential treatment of illness
shall include, at least,
emergency care and essential
shall include, at least,
or
post traumatic
emergency care and
treatment of illness
emergency care and
disorders .
essential treatment of
[…] .
essential treatment of
illness or
mental
illness
and serious
disorders.
mental disorders.
2.
Member States shall provide 2.
Member States shall 2.
Member States shall provide Take Council text of paragraph
necessary medical or other
provide the necessary
necessary medical or other 2.
assistance to applicants who
medical or other
assistance to applicants who
have special reception
assistance to have special reception
needs, including appropriate
applicants who have
needs,
including
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mental health care where
special reception
appropriate mental health
needed .
needs, including
care where needed .
appropriate
mental
health care
where
required.
Article 20
Victims of torture
Member States shall ensure
EP AM for new Article not
that victims of torture are
quickly directed to a care
admissible.
centre appropriate to their
situation.
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CHAPTER III
CHAPTER III
CHAPTER III
REDUCTION OR
REDUCTION OR
REDUCTION OR
Article 20 in combination with
WITHDRAWAL OF
WITHDRAWAL OF
WITHDRAWAL OF
recital (21).
MATERIAL
MATERIAL
MATERIAL
RECEPTION
RECEPTION
RECEPTION
CONDITIONS
CONDITIONS
CONDITIONS
Article 20 16
Article 20
Article 20 16
Reduction or withdrawal of
Reduction or withdrawal of
Reduction or withdrawal of
material
reception conditions
material
reception conditions
material
reception conditions
1.
Member States may reduce or 1.
Member States may 1.
Member States may reduce or 1.
Member States may
withdraw
material
reduce
[...] - but never
withdraw
material
reduce
or
in
reception conditions in the
eliminate all -
reception conditions in the
exceptional and duly
following cases:
material reception
following cases:
justified cases
conditions
withdraw
material
reception conditions
in the following cases:
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(a) where an asylum seeker:
where an asylum
(a) where an asylum seeker:
Identical
seeker:
(a) - abandons the place of
(a) abandons the
(a) - abandons the place of Identical
residence determined by
place of
residence determined
the competent authority
residence
by the competent
without informing it or, if
determined by
authority without
requested, without
the competent
informing it or, if
permission, or
authority
requested, without
without
permission, or
informing it or,
if requested,
without
permission, or
(b) - does not comply with
(b) does not comply
(b) - does not comply with Identical
reporting duties or with
with reporting
reporting duties or with
requests to provide
duties or with
requests to provide
information or to appear
requests to
information or to
for personal interviews
provide
appear for personal
concerning the asylum
information or
interviews concerning
procedure during a
to appear for
the asylum procedure
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reasonable period laid
personal
during a reasonable
down in national law, or
interviews
period laid down in
concerning the
national law, or
asylum
procedure
during a
reasonable
period laid
down in
national law, or
(c) - has already lodged a
(c) has lodged a
(c) - has already lodged a
(c) - has
already
subsequent application as
subsequent
subsequent application
lodged
a
defined in Article 2(q) of
application as
as defined in Article
subsequent
[…/…/EU] [the Asylum
defined in
2(q) of […/…/EU] [the
application as
Procedures Directive]
Article 2(q) of
Asylum Procedures
defined in
an application in the same
[…/…/EU] [the
Directive]
an
Article 2(q) of
Member State. , or
Asylum
application in the same
[…/…/EU] [the
Procedures
Member State.
Asylum
Directive] , or
, or
Procedures
Directive] an
application in
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the same
Member State.
, or
(d) has concealed financial
[...]
(d) has concealed
[...]
resources and has
financial resources and
therefore unduly benefited
has therefore unduly
from material reception
benefited from material
conditions.
reception conditions.
In relation to cases (a) and
[...]
When the
In relation to cases (a)
In relation to cases
(b), Wwhen the applicant is
applicant is traced or
and (b), Wwhen the
(a) and
traced or voluntarily reports to
voluntarily reports to
applicant is traced or
(b), Wwhen the
the competent authority, a duly
the competent voluntarily reports to the
applicant is traced or
motivated decision, based on
authority, a duly
competent authority, a duly
voluntarily reports to
the reasons for the
motivated decision,
motivated decision, based on
the competent
disappearance, shall be taken on
based on the reasons
the reasons for the
authority, a duly
the reinstallation of the grant of
for the disappearance,
disappearance, shall be taken
motivated decision,
some or all of the
shall be taken on the
on the reinstallation of the
based on the reasons
material
reception
reintroduction of the
grant of some or all of the
for the disappearance,
conditions withdrawn or
grant of some or all of
material
reception
shall be taken on the
the material reception
conditions withdrawn or
reinstallation of the
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reduced ;.
conditions
[...]
reduced ;.
grant of some or all of
reduced.
the material
reception conditions
withdrawn or
reduced ;.
(b) where an applicant has
2.
Member States may
(b) where an applicant has
(b) where an applicant
concealed financial resources
reduce or withdraw
concealed financial resources
has concealed
and has therefore unduly
material reception
and has therefore unduly
financial resources
benefited from material
conditions where an
benefited from material
and has therefore
reception conditions.
applicant has reception conditions.
unduly benefited from
concealed financial
material reception
resources, and has
conditions.
therefore unduly
benefited from
material reception
conditions.
If it transpires that an applicant
If it transpires that an
had sufficient means to cover
applicant had sufficient
material reception conditions
means to cover material
and health care at the time when
reception conditions and
these basic needs were being
health care at the time when
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covered, Member States may
these basic needs were being
ask the asylum seeker for a
covered, Member States may
refund.
ask the asylum seeker for a
refund.
2.
Member States may refuse
2.
Member States may refuse
conditions in cases where an
conditions in cases where an
asylum seeker has failed to
asylum seeker has failed to
demonstrate that the asylum
demonstrate that the asylum
claim was made as soon as
claim was made as soon as
reasonably practicable after
reasonably practicable after
arrival in that Member State.
arrival in that Member State.
2. Member States may reduce
2. Member States may
[…] material reception
also reduce
[…]
conditions […] when
material reception
the applicant
[…] ,
conditions […]
without good reason, has not
when
they can
filed an application for
establish that the
asylum as soon as possible
applicant
, for no
after arrival in that
justifiable […] ,
Member State
.
without good reason,
has not
lodged filed
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[…]
an application for
asylum as soon as
reasonably
practicable possible after arrival in that
Member State
.
[…]
3.
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.
2. 3.
Member States may determine
3.
Member States may 3. […]
Member States
43.
[…]
sanctions applicable to serious
determine
the
may determine sanctions
Member States
breaching of the rules of the
sanctions applicable
applicable to serious
may determine
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accommodation centres as well
to serious
breaches of
breaching of the rules of the
sanctions applicable
as to seriously violent
the rules of the
accommodation centres as
to serious breaching
behaviour.
accommodation
well as to seriously violent
of the rules of the
centres as well as to
behaviour.
accommodation
seriously violent
centres as well as to
behaviour.
seriously violent
behaviour.
3. 4.
Decisions for reduction,
4.
Decisions for
the 4. […] .
Decisions for
54.
[…]
.
withdrawal or refusal of
reduction, withdrawal
reduction, withdrawal or
Decisions for
material
reception
or refusal of material
refusal of material
reduction
or,
conditions or sanctions referred
reception conditions
reception conditions or
withdrawal
or refusal
to in paragraphs 1, 2 and 3 2
or sanctions referred
sanctions referred to in
of
material
shall be taken individually,
to in
paragraphs 1, 2
paragraphs 1, 2 and 3 2 shall
reception conditions
objectively and impartially and
and 3 shall be taken
be taken individually,
or sanctions referred
reasons shall be given.
individually,
objectively and impartially
to in paragraphs 1,
2,
Decisions shall be based on the
objectively and and reasons shall be given.
3, and 4 2
and 3
2
particular situation of the person
impartially and Decisions shall be based on
shall be taken
concerned, especially with
reasons shall be given.
the particular situation of the
individually,
regard to persons covered by
Decisions shall be
person concerned, especially
objectively and
Article 21 17, taking into
based on the
with regard to persons
impartially and
account the principle of
particular situation of
covered by Article 21
reasons shall be given.
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proportionality. Member States
the person concerned,
17, taking into account the
Decisions shall be
shall under all circumstances
especially with regard
principle of proportionality.
based on the
ensure access to emergency
to persons covered by
Member States shall under all
particular situation of
health care in accordance
Article 21, taking into
circumstances ensure access
the person concerned,
with Article 19 .
account the principle
to emergency health care
especially with regard
of proportionality.
in accordance with Article 19
to persons covered by
Member States shall
.
Article 21 17,
under all
taking into account
circumstances ensure
the principle of
subsistence
and
proportionality.
access to health care
Member States shall
in accordance with
under all
Article 19.
circumstances ensure
access to emergency
health care in
accordance with
Article 19
and shall
ensure a dignified
standard of living
for all asylum
seekers..
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4. 5.
Member States shall ensure that
5.
Member States shall 5. […] .
Member States
65.
[…]
.
material reception conditions
ensure that material
shall ensure that material
Member States
are not withdrawn or reduced
reception conditions
reception conditions are not
shall ensure that
before a negative decision is
are not withdrawn or
withdrawn or reduced before
material reception
taken in accordance with
reduced before a
a negative decision is taken
conditions are not
paragraph 3 .
decision is taken in
in accordance with
withdrawn or reduced
accordance with
paragraph 3 .
before a negative
paragraph 4.
decision is taken
in accordance with
paragraph
3 5 .
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CHAPTER IV
CHAPTER IV
CHAPTER IV
PROVISIONS FOR
PROVISIONS FOR
PROVISIONS FOR
VULNERABLE
VULNERABLE
VULNERABLE
PERSONS
PERSONS
PERSONS
PERSONS
PERSONS WITH SPECIAL
WITH SPECIAL NEEDS
NEEDS
Article 21 17
Article 21
Article 21 17
General principle
General principle
General principle
1.
Member States shall take into
Member States shall 1.
Member States shall take into 1.
Member States shall
account the specific situation of
take into account the
account the specific situation
take into account the
vulnerable persons such as
specific situation of
of vulnerable persons such as
specific situation of
minors, unaccompanied minors,
vulnerable persons
minors, unaccompanied
vulnerable persons
disabled people, elderly people,
such as minors,
minors, disabled people,
such as minors,
pregnant women, single parents
unaccompanied
elderly people, pregnant
unaccompanied
with minor children , victims
minors, disabled
women, single parents with
minors, disabled
of trafficking, persons with
people, elderly minor children , victims of
people, elderly
serious physical illnesses,
people, pregnant
trafficking, persons with
people, pregnant
mental illnesses, or post-
women, single parents
serious […] illnesses,
women, single parents
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traumatic disorders, and
with minor children,
[…] persons with
with minor children
persons who have been
victims of trafficking,
mental disorders
, victims of
subjected to torture, rape or
victims of female
[…] , and persons
trafficking, persons
other serious forms of
genital mutilation,
who have been subjected to
with serious
psychological, physical or
persons with serious
torture, rape or other serious
[…]
illnesses,
sexual violence, in the national
physical illnesses
and
forms of psychological,
[…] persons
legislation implementing this
mental
[...] disorders,
physical or sexual violence,
with mental
Directive the provisions of
and persons who have
in the national legislation
disorders
Chapter II relating to material
been subjected to
implementing
this
[…] ,
and
reception conditions and health
torture, rape or other
Directive the provisions of
persons who have
care.
serious forms of
Chapter II relating to material
been subjected to
psychological,
reception conditions and
torture, rape or other
physical or sexual
health care.
serious forms of
violence, in the
psychological,
national legislation
physical or sexual
implementing this
violence,
such as
Directive.
victims of female
genital mutilation, in
the national
legislation
implementing this
Directive the
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provisions of Chapter
II relating to material
reception conditions
and health care.
2.
Paragraph 1 shall apply only to
2.
Paragraph 1 shall apply only
persons found to have special
to persons found to have
needs after an individual
special needs after an
evaluation of their situation.
individual evaluation of their
situation.
Article 22
Article 22
Article 22
Identification of the special reception
Identification of the special
[…]
Assessment
of the
needs of vulnerable persons
reception needs of vulnerable special reception needs of vulnerable
persons
persons
1.
Member States shall establish 1.
Member States shall 1.
Where an applicant is a 1.
Where an
mechanisms with a view to
establish mechanisms
vulnerable person in line with
applicant is a
identifying whether the
in national legislation
Article 21, Member
vulnerable person in
applicant is a vulnerable person
with a view to
States shall carry out
line with Article
and, if so, has special reception
identifying whether
[…] an individual
21,
In order to
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needs, also indicating the nature
the applicant is a
[…] assessment
effectively
of such needs. Those
vulnerable person
in order to identify
implement Article
mechanisms shall be initiated
and, if so, has special
whether
21, Member States
within a reasonable time after
reception needs, also
[…] […]
the
shall
assess carry
an application for international
indicating the nature
applicant has […]
out
[…] an
protection is made. Member
of such needs. Those
special reception needs. If
individual […]
States shall ensure that these
mechanisms
should
the applicant has special
assessment in
special reception needs are also
also ensure the
reception needs, Member
order to identify
addressed, in accordance with
identification of
States shall also indicate the
whether
the provisions of this Directive,
applicants in need of
nature of such needs.
[…] […]
if they become apparent at a
special procedural
the
applicant
later stage in the asylum
guarantees, as
concerned is an
procedure.
provided for in
applicant with has
Articles 2(d) and 24
[…]
special
of Directive
reception needs.
If
[…/…/EU] [the
the applicant has
Procedure Directive].
special reception
They shall be initiated
needs, Member States
as soon as an
shall also indicate the
application for
nature of such needs.
international
protection is lodged.
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Member States shall
ensure that these
special reception
needs are also
addressed, in
accordance with the
provisions of this
Directive, if they
become apparent at a
later stage in the
asylum procedure.
[…] […] This […] […] This
assessment […]
assessment
shall be initiated within a
[…] shall be
reasonable time after an
initiated within a
application for international
reasonable
period of
protection is made and
time after an
may be integrated into
application for
existing national
international
procedures […]
protection is made
. Member States shall ensure
and may be
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that these special reception
integrated into
needs are also addressed, in
existing national
accordance with the
procedures
provisions of this Directive, if
[…]
.
they become apparent at a
Member States shall
later stage in the asylum
ensure that these
procedure.
special reception
needs are also
addressed, in
accordance with the
provisions of this
Directive, if they
become apparent at a
later stage in the
asylum procedure.
Member States shall ensure
Member States shall
Member States shall ensure
Member States shall
adequate support for persons
ensure adequate
that the support
provided
ensure that the
with special reception needs
support for persons
to applicants with special
support
provided to
throughout the duration of the
with special reception
reception needs in
applicants with
asylum procedure and shall
needs throughout the
accordance with this
special reception
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provide for appropriate
duration of the asylum
Directive […] takes
needs
in
monitoring of their situation.
procedure and shall
into
account their
accordance with this
provide for […] special reception
Directive
appropriate
needs throughout the duration
[…] takes into
monitoring of their
of the asylum procedure and
account their
situation.
shall provide for appropriate
[…] special
monitoring of their situation.
reception needs
throughout the
duration of the asylum
procedure and shall
provide for
appropriate
monitoring of their
situation.
2.
The identification mechanisms 2.
The identification
2.
The
[…]
2.
The assessment
provided for in paragraph 1
mechanisms provided
assessment […]
referred to in
shall be without prejudice to the
for in paragraph 1
provided for in paragraph 1
paragraph 1 needs
assessment of international
shall be without
shall be without prejudice to
not take the form of
protection needs pursuant to
prejudice to the
the assessment of
an administrative
Directive […/…/EU] [the
assessment of international protection needs
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Qualification Directive].
international
pursuant to
Directive
procedure.
protection needs
[…/…/EU] [the Qualification
3.
Only vulnerable
pursuant to Directive
Directive].
persons, in
2011/95/EU.
accordance with
Article 21 may be
considered to have
special reception
needs and thus
benefit from the
specific
support
provided in
accordance with this
Directive.
4.
The
[…]
assessment [
…] provided for in
paragraph 1 shall be
without prejudice to
the assessment of
international
protection needs
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pursuant to Directive
[…/…/EU] [the
Qualification
Directive].
Article 23 18
Article 23
Article 23 18
Minors
Minors
Minors
1.
The best interests of the child 1.
The best interests of 1.
The best interests of the child EP suggestions for linguistic
shall be a primary consideration
the child shall be a
shall be a primary
changes not admissible.
for Member States when
primary consideration
consideration for Member
implementing the provisions of
for Member States
States when implementing
this Directive that involve
when implementing
the provisions of this
minors. Member States shall
the provisions of this
Directive that involve minors.
ensure a standard of living
Directive
applicable
Member States shall
adequate for the minor's
to minors. Member
ensure a standard of living
physical, mental, spiritual,
States shall ensure a
adequate for the minor's
moral and social standard of living
physical, mental, spiritual,
development.
adequate for the
moral and social
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minor's physical,
development.
mental, spiritual,
moral and social
development.
2.
In assessing the best interests of 2.
In assessing the best 2.
In assessing the best interests Identical
the child, Member States shall
interests of the child,
of the child, Member States
in particular take due account of
Member States shall
shall in particular take due
the following factors:
in particular take due
account of the following
account of the
factors:
following factors:
(a) family reunification
(a) family
(a) family reunification
Identical
possibilities;
reunification
possibilities;
possibilities;
(b) the minor’s well-being
(b) the minor’s
(b) the minor’s well-being
(b) the minor’s
and social development,
well-being and
and social development
well-being and
taking into particular
social
[…] ;
social
consideration the minor’s
development,
development
,
ethnic, religious, cultural
taking into
taking into
and linguistic background;
particular
particular
consideration
consideration
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the minor’s
the
minor’s
ethnic, religious,
background;
cultural and
linguistic
background;
(c) safety and security
(c) safety and
(c) safety and security Identical
considerations, in
security
considerations, in
particular where there is a
considerations,
particular where there is
risk of the minor being a
in particular
a risk of the minor
victim of trafficking;
where there is a
being a victim of
risk of the minor
trafficking;
being a victim
of trafficking;
(d) the views of the minor in
(d) the views of the
(d) the views of the minor Identical
accordance with his/her
minor in
in accordance with
age and maturity.
accordance with
his/her age and
his/her age and
maturity.
maturity.
3.
Member States shall ensure that 3.
Member States shall 3.
Member States shall ensure Take Council text of paragraph
minors have access to leisure-
ensure that minors
that minors have access to 3.
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activities, including play and
have access to leisure-
leisure-activities, including
recreational activities activities, including
play and recreational
appropriate to their age within
play and recreational
activities appropriate to their
the premises and activities appropriate
age within the premises and
accommodation centres referred
to their age within the
accommodation centres
to in Article 18(1)(a) and (b)
premises and referred to in Article 18(1)(a)
and to open-air activities.
accommodation
and (b) and to open-air
centres referred to in
activities.
Article 18(1)(a) and
(b)
,
to open-air
activities
and to
education.
4. 2.
Member States shall ensure 4.
Member States shall 4. 2.
Member States shall ensure EP suggestions for linguistic
access to rehabilitation services
ensure access to
access to rehabilitation changes not admissible.
for minors who have been
rehabilitation services
services for minors who have
victims of any form of abuse,
for minors who have
been victims of any form of
neglect, exploitation, torture or
been victims of any
abuse, neglect, exploitation,
cruel, inhuman and degrading
form of abuse,
torture or cruel, inhuman and
treatment, or who have suffered
neglect, exploitation,
degrading treatment, or who
from armed conflicts, and
torture or cruel,
have suffered from armed
ensure that appropriate mental
inhuman
or degrading
conflicts, and ensure that
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health care is developed and
treatment, or who
appropriate mental health
qualified counselling is
have suffered from
care is developed and
provided when needed.
armed conflicts, and
qualified counselling is
ensure that provided when needed.
appropriate mental
health care
[...] and
qualified counselling
are provided when
needed.
5.
Member States shall ensure, if 5.
Member States shall 5.
Member States shall ensure, Article 23(5) in combination
appropriate, that minor children
ensure, that minor
if appropriate, that minor with Article 2(c), 18(4a) and
of applicants or applicants who
children of applicants
children of applicants or recital (18a).
are minors are lodged with their
or applicants who are
applicants who are minors are 5.
Member States shall
parents or with the adult family
minors,
whether they
lodged with their parents ,
ensure, if appropriate,
member responsible for them
are unmarried or
their unmarried minor
that minor children of
whether by law or by custom
married but not
children or with the adult
applicants or
the national practice of the
accompanied by their
[…] responsible for
applicants who are
Member States concerned,
spouse, are lodged
them whether by law or by
minors are lodged
provided this is in the best
with their parents or
custom
the national
with their parents ,
interests of the minors
with the adult family
practice of the Member States
their unmarried minor
concerned .
member responsible
concerned, provided this is in
siblings or with the
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for them whether by
the best interests of the
adult
[…]
law or the national
minors concerned .
responsible for them
practice of the
whether by law or by
Member States
custom the national
concerned, provided
practice of the
this is in the best
Member States
interests of the minors
concerned, provided
concerned.
this is in the best
interests of the minors
concerned .
Article 24 19
Article 24
Article 24 19
Unaccompanied minors
Unaccompanied minors
Unaccompanied minors
1.
Member States shall as soon as 1.
Member States shall 1.
Member States shall as soon Article 24(1) in combination
possible take measures to ensure
[...] take
measures to
as possible take measures to with Article 2(j).
the necessary representation of
ensure
the necessary
ensure
the necessary
1.
Member States shall
unaccompanied minors by legal
representation of
representation of
as soon as possible
guardianship or, where
unaccompanied
unaccompanied minors by
take measures to
necessary, representation by an
minors
by legal
legal guardianship or, where
ensure the necessary
organisation which is
guardians to enable
necessary, representation by
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responsible for the care and
them to benefit from
an organisation which is
representation of
well-being of minors, or by any
the rights and comply
responsible for the care and
unaccompanied
other appropriate representation
with the obligations
well-being of minors, or by
minors by legal
that a representative
provided for in this
any other appropriate
guardianship or,
represents and assists the
Directive.
A guardian
representation
that a
where necessary,
unaccompanied minor to enable
shall be appointed to
representative represents and
representation by an
him/her to benefit from the
advise and protect the
assists the unaccompanied
organisation which is
rights and comply with the
child and to ensure
minor to enable him/her to
responsible for the
obligations provided for in this
that all decisions are
benefit from the rights and
care and well-being of
Directive. The representative
taken in the child's
comply with the obligations
minors, or by any
shall have the necessary
best interests. The
provided for in this
other appropriate
expertise in the field of
unaccompanied
Directive. The representative
representation that
childcare and shall perform
minor shall be
shall have the necessary
a representative
his/her duties in accordance
informed immediately
expertise in the field of
represents and
with the principle of the best
of the appointment of
childcare and shall perform
assists the
interests of the child, as
the guardian. A
his/her duties in accordance
unaccompanied
prescribed in Article 23(2).
guardian should have
with the principle of the best
minor to
enable
the necessary interests of the child, as
him/her to benefit
expertise in the field
prescribed in Article 23(2).
from the rights and
of childcare
so as to
comply with the
ensure that the
obligations provided
interests of the child
for in this
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are protected and that
Directive.
The
the child’s legal,
unaccompanied
social, health,
minor shall be
psychological,
informed
material and
immediately of the
educational needs are
appointment of the
appropriately met.
representative. The
Agencies or
representative shall
individuals whose
have the necessary
interests could
expertise in the field
potentially conflict
of childcare and
with those of the
shall perform his/her
child shall not be
duties in accordance
eligible to become
with the principle of
guardians. Regular
the best interests of
assessments shall be
the child, as
made by the
prescribed in Article
appropriate
23(2)
and shall
authorities. In order
have the necessary
to establish a level of
expertise to that
trust with the
end.
In order to
unaccompanied
ensure the minor’s
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minor and to ensure
well-being and social
continuity during the
development
procedure, Member
mentioned in point b
States should try to
of that Article, a
ensure that the same
change of the person
guardian is
acting as
responsible for the
representative shall
unaccompanied
only take place when
minor during the
necessary.
entire procedure.
Organisations or
individuals whose
interests conflict or
could potentially
conflict with those of
the unaccompanied
minor shall not be
eligible to become
representatives.
Regular assessments shall be
[...]
Regular assessments shall be
Regular assessments
made by the appropriate
made by the appropriate
shall be made by the
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authorities.
authorities.
appropriate
authorities
, including
as regards the
availability of the
necessary means for
representing the
unaccompanied
minor.
2.
Unaccompanied minors who 2.
Unaccompanied
2.
Unaccompanied minors who EP suggestions for linguistic
make an application for
minors who make an
make an application for changes not admissible.
international protection
application for international protection
asylum shall, from the moment
international
asylum shall, from the
they are admitted to the territory
protection shall, from
moment they are admitted to
to the moment they are obliged
the moment
when
the territory to the moment
to leave the host Member State
they are admitted to
they are obliged to leave the
in which the application for
the territory to the
host Member State in which
international
moment
when they
the application for
protection asylum was made
are obliged to leave
international
or is being examined, be placed:
the
territory of the
protection asylum
was
Member State in
made or is being examined,
which the application
be placed:
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for international
protection was made
or is being examined,
be placed:
(a) with adult relatives;
(a) with adult
(a) with adult relatives;
Identical
relatives;
(b) with a foster-family;
(b) with a foster-
(b) with a foster-family;
Identical
family;
(c) in accommodation centres
(c) in
(c) in accommodation
Identical
with special provisions for
accommodation
centres with special
minors;
centres with
provisions for minors;
special
facilities for minors;
(d) in other accommodation
(d) in other (d) in other
Identical
suitable for minors.
accommodation
accommodation
suitable for
suitable for minors.
minors.
Member States may place
Member States may
Member States may place Identical
unaccompanied minors aged 16
place unaccompanied
unaccompanied minors aged
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or over in accommodation
minors aged 16 or
16 or over in accommodation
centres for adult asylum
over in
centres for adult asylum
seekers, if it is in their best
accommodation
seekers, if it is in their best
interests, as prescribed in
centres for adult
interests, as prescribed in
Article 23(2) .
asylum seekers, if it is
Article 23(2) .
in their best interests,
as prescribed in
Article 23(2).
As far as possible, siblings shall
As far as possible,
As far as possible, siblings Identical
be kept together, taking into
siblings shall be kept
shall be kept together, taking
account the best interests of the
together, taking into
into account the best interests
minor concerned and, in
account the best
of the minor concerned and,
particular, his or her age and
interests of the minor
in particular, his or her age
degree of maturity. Changes of
concerned and, in
and degree of maturity.
residence of unaccompanied
particular, his or her
Changes of residence of
minors shall be limited to a
age and degree of
unaccompanied minors shall
minimum.
maturity. Changes of
be limited to a minimum.
residence of
unaccompanied
minors shall be
limited to a minimum.
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3.
Member States shall establish 3.
Member States shall 3.
Member States
Take Council text of paragraph
mechanisms for tracing the
establish mechanisms
[…] […]
3.
family members of an
in national legislation
Member States protecting the
unaccompanied minor.
for tracing the family
unaccompanied minor's best
They Member States
members of an
interest
shall endeavour
protecting the unaccompanied
unaccompanied
start to trace, the
minor's best interest
shall
minor. They shall start
members of the
endeavour start to trace,
to trace, the members
unaccompanied minor's
the members of the
of the unaccompanied
his or her family , where
unaccompanied minor's his
minor's family, where
necessary with the assistance
or her family , where
necessary with the
of international or of other
necessary with the assistance of
assistance of
relevant organisations, as
international or of other relevant
international or of
soon as possible after an
organisations, as soon as
other relevant application for international
possible after an application
organisations, as soon
protection is made whilst
for international protection is
as possible after an
protecting his/her best
made whilst protecting his/her
application for interests . In cases where
best interests . In cases where
international
there may be a threat to the
there may be a threat to the life
protection is made
,
life or integrity of the minor
or integrity of the minor or his
while
protecting
or his or her close relatives,
or her close relatives,
his/her best interests.
particularly if they have
particularly if they have
In cases where there
remained in the country of
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remained in the country of
may be a threat to the
origin, care must be taken to
origin, care must be taken to
life or integrity of the
ensure that the collection,
ensure that the collection,
minor or his or her
processing and circulation of
processing and circulation of
close relatives, information concerning those
information concerning those
particularly if they
persons is undertaken on a
persons is undertaken on a
have remained in the
confidential basis, so as to
confidential basis, so as to avoid
country of origin, care
avoid jeopardizing their
jeopardizing their safety.
must be taken to
safety.
ensure that the
collection, processing
and
exchange of
information
concerning those
persons is undertaken
on a confidential
basis, so as to avoid
jeopardizing their
safety.
4.
Those working with
4.
Persons working with 4.
Those working with
Take Council text of paragraph
unaccompanied minors shall
unaccompanied
unaccompanied minors shall 4.
have had and shall continue
minors shall have
have had and shall
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to or receive appropriate
received and shall
continue to or receive
training concerning their needs,
continue to receive
appropriate training
and shall be bound by the
appropriate training
concerning their needs, and
confidentiality principle as
concerning their
shall be bound by the
defined in the national law, in
needs, and shall be
confidentiality principle as
relation to any information they
bound by the
defined in the national law, in
obtain in the course of their
confidentiality
relation to any information
work.
principle as defined in
they obtain in the course of
the national law, in
their work.
relation to any
information
which
they obtain in the
course of their work.
Article 25 20
Article 25
Article 25 20
Victims of torture and violence
Victims of torture and violence
Victims of torture and violence
1.
Member States shall ensure that, 1.
Member States shall 1.
Member States shall ensure 1.
Member States shall
if necessary, persons who have
ensure that persons
that, if necessary, persons
ensure that,
if
been subjected to torture, rape
who have been
who have been subjected to
necessary,
persons
or other serious acts of violence
subjected to torture,
torture, rape or other serious
who have been
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receive the necessary treatment
rape or other serious
acts of violence receive the
subjected to torture,
of damages caused by the
acts of violence
necessary treatment of
rape or other serious
aforementioned acts , in
receive the necessary
damages caused by the
acts of violence
particular access to
treatment of damages
aforementioned acts , in
receive the necessary
rehabilitation services that
caused by the
particular access to […]
treatment of damages
should allow for obtaining
aforementioned acts,
relevant medical and
caused by the
medical and psychological
in particular access to
psychological treatment
aforementioned acts
treatment .
rehabilitation services
or care .
, in particular access
that should allow for
to
[…]
obtaining medical and
appropriate
psychological
relevant medical
treatment.
and psychological
treatment or
care .
2.
Those working with victims of 2.
Those working with 2.
Those working with victims Take Council text of paragraph
torture, rape or other serious
victims of torture,
of torture, rape or other 2.
acts of violence shall have had
rape or other serious
serious acts of violence shall
and shall continue to receive
acts of violence shall
have had and shall continue
appropriate training concerning
have
received and
to receive appropriate
their needs, and shall be bound
shall continue to
training concerning their
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by the confidentiality rules
receive appropriate
needs, and shall be bound by
provided for in the relevant
training concerning
the confidentiality rules
national law, in relation to any
their needs, and shall
provided for in the relevant
information they obtain in the
be bound by the
national law, in relation to
course of their work.
confidentiality rules
any information they obtain
provided for in the
in the course of their work.
relevant national law,
in relation to any
information
which
they obtain in the
course of their work.
CHAPTER V
CHAPTER V
CHAPTER V
APPEALS
APPEALS
APPEALS
Article 26 21
Article 26
Article 26 21
Appeals
Appeals
Appeals
1.
Member States shall ensure that 1.
Member States shall 1.
Member States shall ensure Take Council text.
of
negative decisions relating to
ensure that decisions
that
negative
decisions
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the granting , withdrawal or
relating to the
grant,
relating to the granting paragraph 1.
reduction of benefits under
withdrawal
of or
, withdrawal or
this Directive or decisions taken
reduction
in benefits
reduction of benefits under
under Article 7 which
under this Directive or
this Directive or decisions
individually affect asylum
decisions taken under
taken under Article 7 which
seekers may be the subject of an
Article 7 which
individually affect asylum
appeal within the procedures
individually affect
seekers may be the subject of
laid down in the national law.
asylum seekers may
an appeal within the
At least in the last instance the
be the subject of an
procedures laid down in the
possibility of an appeal or a
appeal within the
national law. At least in the
review , in fact and in law,
procedures laid down
last instance the possibility of
before a judicial body shall be
in the national law. At
an appeal or a review , in
granted.
least in the last
fact and in law, before a
instance the
right to
judicial
an appeal or a review,
authority […]
in fact and in law,
shall be granted
.
before a judicial body
shall be granted.
2.
In relation to the cases referred 2.
In relation to the cases 2.
Member States shall
Take Council text of paragraph
to in paragraph 1, Member
referred to in
ensure that free legal
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States shall ensure that asylum
paragraph 1
before a
assistance and representation 2.
seekers have access to free legal
court or tribunal,
is
[…]
made
assistance and representation,
Member States shall
available on request in
where they cannot afford the
ensure that asylum
cases of an appeal or a review
costs involved and in so far as it
seekers have access to
before a judicial authority
is necessary to ensure their
free legal assistance
[…] referred to in
effective access to justice.
and representation,
paragraph 1 , in so far as
where they cannot
such aid is necessary to
afford the costs
ensure effective access to
involved
[...].
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.
Legal assistance and
Member States may
EP AM not taken up
representation shall include at
provide that free legal
least preparation of the required
assistance and
procedural documents and
representation not be
representation before the
granted if the
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judicial authorities.
applicant's appeal is
considered by a court
or tribunal 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.
Legal
assistance and
representation shall
include at least
preparation of the
required procedural
documents and
representation before
the judicial
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authorities.
Legal assistance and
Legal assistance and
Free legal assistance and Take Council text of paragraph
representation may be restricted
representation may be
representation shall be
2.
to legal advisers or counsellors
provided by provided by such persons as
specifically designated by
specialised, suitably
admitted or permitted under
national law to assist and
qualified and national law. […]
represent asylum seekers.
impartial
legal
advisers
, counsellors
or NGOs specifically
designated by national
law to assist and
represent asylum
seekers.
3.
Member States may also 3.
Member States may
provide that free legal
also provide that free
assistance and representation
legal assistance and
is
[…] made
representation
is are
available :
granted
[…]
made
available
:
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(a) only to those who lack
(a) only to those
sufficient resources;
who lack
and/or
sufficient
resources;
and/or
(b) only through the (b) only through the
services provided
services
by legal advisers or
provided
other counsellors
by legal
specifically designated
advisers or other
by national law to assist
counsellors
and represent applicants
specifically
for international
designated by
protection
national law to
assist and
represent
applicants for
international
protection
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Member States may
Member States
provide that free legal
may provide that free
assistance and representation
legal assistance and
not be […] made
representation not be
available if the appeal
[…]
made
or review […] is
available if the
considered by a appeal or review
competent […]
[…]
is
authority […] to
considered by a
have no tangible prospect of
competent
success. In such a case,
[…]
Member States shall ensure
authority […]
that legal assistance and
to have no tangible
representation is not
prospect of success. In
arbitrarily restricted and that
such a case, Member
the applicant's effective
States shall ensure
access to justice is not
that legal assistance
hindered.
and representation is
not arbitrarily
restricted and that the
applicant's effective
access to justice is not
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hindered.
[…]
[…]
[…]
[…]
[…]
[…]
4.
[…] Member 4.
States may also:
[…] Member
States may also:
(a) impose
monetary and
(a) impose
/or time limits on
monetary and
the provision of free
/or time
legal assistance and
limits on the
representation,
provision of free
provided that such
legal assistance
limits do not arbitrarily
and
restrict access to the
representation,
provision of […]
provided that
legal assistance and
such limits do
representation;
not arbitrarily
restrict access to
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the provision of
[…]
legal
assistance and
representation;
(b) provide that, as regards (b) provide that, as regards
free legal assistance
free legal assistance
and representation
and representation
including fees and
including fees and
other costs
other costs
[…] ,
[…] , the
the treatment of
treatment of applicants
applicants shall not be
shall not be more
more favorable than the
favorable than the
treatment generally
treatment generally accorded to their
accorded to their
nationals in matters
nationals in matters
pertaining to legal
pertaining to legal
assistance
, including
assistance , including
judicial and
judicial and
administrative
administrative
procedures .
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procedures .
Member States may demand
Member States may
to be reimbursed wholly or
demand to be
partially for any expenses
reimbursed wholly or
granted if and when the
partially for any
applicant's financial situation
expenses granted if
has improved considerably or
and when the
if the decision to grant such
applicant's financial
benefits was taken on the
situation has
basis of false information
improved
supplied by the applicant.
considerably or if the
decision to grant such
benefits was taken on
the basis of false
information supplied
by the applicant.
2.
Procedures for access to legal
Procedures for access 5.
Procedures for access to legal 5.
Procedures for access
assistance
and
to legal assistance and
assistance and representation
to legal assistance and
representation in such cases
representation in such
referred to above shall be laid
representation
in such
shall be laid down in national
cases shall be laid
down in national law
cases as referred to
above shall be laid
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law.
down in national law.
down in national law
CHAPTER VI
CHAPTER VI
CHAPTER VI
ACTIONS TO IMPROVE
ACTIONS TO
ACTIONS TO IMPROVE
THE EFFICIENCY OF
IMPROVE THE
THE EFFICIENCY OF
THE RECEPTION
EFFICIENCY OF
THE RECEPTION
SYSTEM
THE RECEPTION
SYSTEM
SYSTEM
Article 22
Article 22
Cooperation
Cooperation
Member States shall regularly inform the
Member States shall regularly inform
Commission on the data concerning the
the Commission on the data
number of persons, broken down by sex
concerning the number of persons,
and age, covered by reception conditions
broken down by sex and age, covered
and provide full information on the type,
by reception conditions and provide
name and format of the documents
full information on the type, name and
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provided for by Article 6.
format of the documents provided for
by Article 6.
Article 27
Article 27
Article 27
Competent authorities
Competent authorities
Competent authorities
Each Member State shall notify the Each Member State shall Each Member State shall notify the Identical
Commission of the authorities
notify the Commission of the Commission of the authorities
responsible for fulfilling the obligations authorities responsible for responsible for fulfilling the
arising under this Directive. Member fulfilling the obligations
obligations arising under this
States shall inform the Commission of arising under this Directive. Directive. Member States shall inform
any changes in the identity of such Member States shall inform the Commission of any changes in the
authorities.
the Commission of any identity of such authorities.
changes in the identity of such
authorities.
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Article 28 23
Article 28
Article 28 23
Take text Commission
Guidance, monitoring and control
Guidance, monitoring and
Guidance, monitoring and control proposal for Article 28.
system
control system
system
1.
Member States shall, with due 1.
Member States shall, 1.
Member States shall, with
respect to their constitutional
with due respect to
due respect to their
structure, put in place
their constitutional
constitutional structure,
relevant mechanisms in order
structure, put in place
put in place relevant
to ensure that appropriate
relevant mechanisms
mechanisms in order to
guidance, monitoring and
in order to ensure that
ensure that appropriate
control of the level of reception
appropriate guidance,
guidance, monitoring and
conditions are established.
monitoring and control of the level of
control of the level of
reception conditions are
reception conditions
established.
are established.
2.
Member States shall submit 2.
Member States shall 2.
Member States shall submit
relevant information to the
submit relevant
relevant information to the
Commission in the form set out
information to the
Commission in the form set
in Annex I, by [1 year after the
Commission in the
out in Annex I, by [1 year
transposition deadline] at the
form set out in Annex
after the transposition
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latest.
I
on an annual basis,
deadline] at the latest.
starting from [1 year
after the transposition
deadline]
[...].
Article 29 24
Article 29
Article 29 24
Staff and resources
Staff and resources
Staff and resources
1.
Member States shall take 1.
Member States shall 1.
Member States shall take Identical
appropriate measures to ensure
take appropriate
appropriate measures to
that authorities and other
measures to ensure
ensure that authorities and
organisations implementing this
that authorities and
other organisations
Directive have received the
other organisations
implementing this Directive
necessary basic training with
implementing this
have received the necessary
respect to the needs of both
Directive have basic training with respect to
male and female applicants.
received the necessary
the needs of both male and
basic training with
female applicants.
respect to the needs of
both male and female
applicants.
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2.
Member States shall allocate the 2.
Member States shall 2.
Member States shall allocate Identical
necessary resources in
allocate the necessary
the necessary resources in
connection with the national
resources in connection with the national
provisions enacted to implement
connection with the
provisions enacted to
this Directive.
national provisions
implement this Directive.
enacted to implement
this Directive.
CHAPTER VII
CHAPTER VII
CHAPTER VII
FINAL PROVISIONS
FINAL PROVISIONS
FINAL PROVISIONS
Take text Commission
Article 30 25
Article 30
Article 30 25
proposal for Article 30.
Reports
Reports
Reports
By [two years after the transposition By [two years after the By
[two years after the
deadline] at the latest 6 August 2006, transposition deadline] at the transposition deadline as set out in the
the Commission shall report to the latest, the Commission shall first subparagraph of Article 31(1) of
European Parliament and the Council on report to the European this Directive] at the latest 6 August
the application of this Directive and shall Parliament and the Council on 2006, the Commission shall report to
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link to page 184
propose any amendments that are the application of this the European Parliament and the
necessary.
Directive and shall propose Council on the application of this
any amendments that are Directive and shall propose any
necessary.
amendments that are necessary.
Member States shall send the Member States shall send the Member States shall send the
Commission all the information that is Commission all the
Commission all the information that is
appropriate for drawing up the report, information that is appropriate appropriate for drawing up the report,
including the statistical data provided for for drawing up the report
, including the statistical data provided
by Article 22 by […/…/…] 6
including the statistical data for by Article 22 by […/…/…]
1 February 2006.
provided for by Article 28(2), 6 February 2006.
by […/…/…].
After presenting the first report, After presenting the first After presenting the first Identical
the Commission shall report to the report, the Commission shall report, the Commission shall report to
European Parliament and the Council on report to the European the European Parliament and the
the application of this Directive at least Parliament and the Council on Council on the application of this
every five years.
the application of this Directive at least every five years.
Directive at least every five
years.
1
36 months from the date of publication in the
Official Journal of the European Union.
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link to page 185
Article 31 26
Article 31
Article 31 26
Take Council text for Article
Transposition
Transposition
Transposition
31.
1.
Member States shall bring into 1.
Member States shall 1.
Member States shall bring
force the laws, regulations and
bring into force the
into force the laws,
administrative provisions laws, regulations and
regulations and
necessary to comply with this
administrative
administrative provisions
Directive by 6 February
provisions necessary
necessary to comply with this
2005 Articles […] [The
to comply with
Directive by 6 February
articles which have been
Articles […] [The
2005 Articles […..] [The
changed as to the substance by
articles which have
articles which have been
comparison with the earlier
been changed as to the
changed as to the substance
Directive] and Annex I by […]
substance by by comparison with the
at the latest . They shall
comparison with the
earlier Directive] and Annex I
forthwith
inform
earlier Directive] and
by […]
1 at the latest .
communicate to the
Annex I by […] at the
They shall forthwith inform
Commission thereof the text
latest. They shall
communicate to the
of those provisions and a
forthwith
Commission thereof the
1
24 months from the date of publication in the
Official Journal of the European Union.
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correlation table between those
communicate to the
text of those provisions .
provisions and this
Commission the text
Directive .
of those provisions
and a correlation table
between those
provisions and this
Directive.
When the Member States adopt
When Member States
When the Member States Identical
these measures
those
adopt
those
adopt
these measures
provisions , they shall
provisions, they shall
those provisions , they
contain a reference to this
contain a reference to
shall contain a reference to
Directive or shall
be
this Directive or be
this Directive or shall be
accompanied by such a
accompanied by such
accompanied by such a
reference on the occasion of
a reference on the
reference on the occasion of
their official publication.
occasion of their
their official publication.
Member States shall determine
official publication.
Member States shall
how such a reference is to be
Member States shall
determine how such a
made. They shall also
determine how such a
reference is to be made.
include a statement that
reference is to be
They shall also include a
references in existing laws,
made. They shall also
statement that references in
regulations and administrative
include a statement
existing laws, regulations and
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provisions to the directive
that references in
administrative provisions to
repealed by this Directive shall
existing laws, the directive repealed by this
be construed as references to
regulations and Directive shall be construed
this Directive. Member States
administrative
as references to this
shall determine how such
provisions to the
Directive. Member States
reference is to be made and how
directive repealed by
shall determine how such
that statement is to be
this Directive shall be
reference is to be made and
formulated.
construed as how that statement is to be
references to this
formulated.
Directive. Member
States shall determine
how such reference is
to be made and how
that statement is to be
formulated.
2.
Member States shall
2.
Member States shall 2.
Member States shall
Identical
communicate to the
communicate to the
communicate to the
Commission the text of the
Commission the text
Commission the text of the
main
provisions of
of the main provisions
main provisions of
national law which they adopt
of national law which
national law which they adopt
in the field relating to the
they adopt in the field
in the field relating to the
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enforcement of covered
covered by
this
enforcement of covered
by this Directive.
Directive.
by this Directive.
Article 32
Article 32
Article 32
Repeal
Repeal
Repeal
Directive 2003/9/EC is repealed for the Directive 2003/9/EC
is Directive 2003/9/EC is repealed for Identical
Members States bound by this Directive repealed for the Members the Members States bound by this
with effect from [day after the date set States bound by this Directive Directive with effect from [day after
out in the first subparagraph of Article with effect from [day after the the date set out in the first
31(1) of this Directive], without date set out in the first subparagraph of Article 31(1) of this
prejudice to the obligations of the subparagraph of Article 31(1) Directive], without prejudice to the
Member States relating to the time-limit of this Directive], without obligations of the Member States
for transposition into national law of the prejudice to the obligations of relating to the time-limit for
Directive set out in Annex II, Part B.
the Member States relating to transposition into national law of the
the time-limit for transposition Directive set out in Annex II, Part B.
into national law of the
Directive set out in Annex II,
Part B.
References to the repealed Directive References to the repealed References to the repealed Directive Identical
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shall be construed as references to this Directive shall be construed as shall be construed as references to this
Directive and shall be read in accordance references to this Directive and Directive and shall be read in
with the correlation table in Annex III.
shall be read in accordance accordance with the correlation table
with the correlation table in in Annex III.
Annex III.
Article 33 27
Article 33
Article 33 27
Entry into force
Entry into force
Entry into force
This Directive shall enter into force on This Directive shall enter into This Directive shall enter into force on Identical
the twentieth day following force on the twentieth day the twentieth day following
that of its publication in the Official following that
of its
that of its publication in the
Journal of the European Union.
publication in the Official Official Journal of the European
Journal of the European Union. Union.
Articles [. .] [
The articles which are Articles [. .] [The articles Articles [….] [
The articles which unchanged by comparison with the which are unchanged by
are changed by comparison with the
earlier Directive] and Annex I shall comparison with the earlier
earlier Directive] and Annex I shall
apply from [day after the date set out in Directive] and Annex I shall apply from [day after the date set out
the first subparagraph of Article apply from [day after the date in the first subparagraph of Article
31(1)].
set out in the first
31(1)].
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subparagraph of Article 31(1)].
Article 34 28
Article 34
Article 34 28
Addressees
Addressees
Addressees
This Directive is addressed to the This Directive is addressed to This Directive is addressed to the Identical
Member States in accordance with the Member States in
Member States in accordance with
the Treaties in accordance with the accordance with the Treaties.
the Treaties in accordance with the
Treaty establishing the European Union.
Treaty establishing the European
Union.
Done at [...]
Done at [...]
Done at [...]
For the European Parliament
For the European Parliament
For the European Parliament
The President The President
The President
[…]
[…]
[…]
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For the
Counci
For the Council
l
For the Council
The President The President
The President
[…]
[…]
[…]
ANNEX I
ANNEX I
ANNEX I to ANNEX I
Take text Commission
proposal for the Annex.
Reporting form on the information to Reporting form on the
Reporting form on the information be submitted by Member States, as information to be submitted by
to be submitted by Member States,
as required under Article 28(2) of
required under Article 28(2) of Member States
on an annual Directive […/…/EU]. After the date
Directive […/…/EU]. After the date
basis, as required under referred to in Article 28(2) of this
Directive this information shall be re-
referred to in Article 28(2) of this
Article 28(2) of Directive submitted to the Commission when
Directive this information shall be re-
[…/…/EU]. [...]
there is a substantial change in the
national law or practice that outdate
submitted to the Commission when there
the provided information.
is a substantial change in the national
law or practice that outdate the provided
information.
1.
On the basis of Articles 2(k) and
1.
Indicate the total
1.
On the basis of Articles 2(k)
22 of Directive […/…/EU], please
number of persons in
and 22 of Directive […/…/EU],
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explain the different steps for the
your Member State
please explain the different
identification of persons with
currently covered by
steps for the identification of
special reception needs, including
reception conditions as
persons with special reception
the moment it is triggered and its
stipulated in Article 3(1)
needs, including the moment it
consequences in relation to
of Directive [.. /…/EC],
is triggered and its
addressing such needs, in
broken down by sex and
consequences in relation to
particular for unaccompanied
age. For each such
addressing such needs, in
minors, victims of torture, rape or
person, indicate particular for unaccompanied
other serious forms of
whether he or she is an
minors, victims of torture, rape
psychological, physical or sexual
asylum seeker or a
or other serious forms of
violence and victims of
family member as
psychological, physical or
trafficking.
defined in Article 2(c)
sexual violence and victims of
of Directive […/…/EC].
trafficking.
2.
Provide full information on the 2.
On
the basis of Article 2.
Provide full information on the
type, name and format of the
22
of Directive
[.../.../EU]
please
type, name and format of the
documents provided for in Article
provide statistical data
documents provided for in
6 of Directive […/…/EU].
on the number of
asylum seekers with
Article 6 of Directive
special needs identified
[…/…/EU].
divided into the
following groups of
persons with special
needs:
–
unaccompanied minors
–
disabled people
–
elderly people
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–
pregnant women
–
single parents with
minor children
–
persons who have been
subjected to torture,
rape or other serious
forms of psychological,
physical or sexual
violence
–
victims of trafficking
–
persons with mental
health problems
–
other (please explain)
3.
Provide detailed
information concerning
the documents provided
for in Article 6 of
Directive [.../.../EU],
including in particular
the type, name and
format of these
documents.
3.
With reference to Article 15 4.
With reference to Article 3.
With reference to Article 15
Directive [.../.../EU], please
15 of Directive
[.../.../EU], indicate the
Directive [.../.../EU], please
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indicate to the extent that any
total number of asylum
indicate to the extent that any
particular conditions are attached
seekers in your Member
State who have access
particular conditions are
to labour market access for asylum
to the labour market, as
attached to labour market access
seekers, and describe in detail
well as the total number
who are currently
for asylum seekers, and describe
such restrictions.
employed, broken down
in detail such restrictions.
by economic sector. To
the extent that any
particular conditions
are attached to labour
market
access for
asylum seekers,
describe in detail such
restrictions.
4.
With reference to Article 2(g) of 5.
With reference to
Article 4.
With reference to Article 2(g) of
Directive [.../…/EU], please
17(5) of Directive
[.../…/EU], describe
in
Directive [.../…/EU], please
describe how material reception
detail the nature of
describe how material reception
conditions are provided (i.e. which
material reception
conditions, including
conditions are provided (i.e.
material reception conditions are
their monetary value,
which material reception
provided in kind, in money, in
and how they are
provided (i.e. which
conditions are provided in kind,
vouchers or in a combination of
material reception in money, in vouchers or in a
these elements) and indicate the
conditions are provided
in kind, in money, in
combination of these elements)
level of the daily expenses
vouchers or in a
and indicate the level of the
allowance provided to asylum
combination of these
elements) and indicate
daily expenses allowance
seekers.
the level of the daily
provided to asylum seekers.
expenses allowance
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provided to asylum
seekers.
5.
Where applicable, with reference
[...]
5.
Where applicable, with
to Article 17(5) Directive
reference to Article 17(5)
[.../.../EU], please explain the
Directive [.../.../EU], please
point(s) of reference applied by
explain the point(s) of reference
national law or practice with a
applied by national law or
view to determining the level of
practice with a view to
financial assistance provided to
determining the level of
asylum seekers. To the extent that
financial assistance provided to
there is a less favourable treatment
asylum seekers. To the extent
of asylum seekers compared to
that there is a less favourable
nationals, explain the reasons in
treatment of asylum seekers
this respect.
compared to nationals, explain
the reasons in this respect.
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Document Outline